Daily Labor Report® Index-Summary

LABOR DEPARTMENT (DOL)

– Competitive sourcing, public-private competitions damage morale, impact minorities, women, GAO reports, 229:A–4 (11/28/08)
– EBSA

See EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

– Fair share health care, San Francisco ordinance not governed by or related to ERISA, no preemption (9th Cir.), 190:AA–1 (10/1/08); text, 190:E–1 (10/1/08); DOL, industry groups seek en banc review, briefs filed (9th Cir.), 214:A–4 (11/5/08)
– Job Corps transfer from ETA to Secretary's office improved practices, but more contracting reforms needed, OIG audit, 204:A–6 (10/22/08)
– Obama transition team names leaders to review labor, civil rights agencies, 221:A–12 (11/17/08); correction, 223:A–12 (11/19/08)
– Semiannual regulatory agenda highlights include union financial reporting, mine safety rules, 227:A–8 (11/25/08)

LABOR-MANAGEMENT COOPERATION

– Economic crisis calls for new approach, Obama staffer Kochan advises on best practices, 228:C–1 (11/26/08)

LABOR MANAGEMENT RELATIONS ACT (LMRA)

– Parent firm cannot hike retirees' health care costs, vested along with benefits under pact (N.D. Ohio), 194:A–3 (10/7/08)
– Retiree health benefits plans

See RETIREE HEALTH BENEFITS

LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT (LMRDA)

– BLET Div. 282, embezzlement, ex-officer sentenced to one year probation, fined (S.D. Ohio), 209:A–5 (10/29/08)
– Criminal actions involving unions, OLMS releases FY2008 stats, 210:A–6 (10/30/08)
– DOL semiannual regulatory agenda highlights include union financial disclosure, 227:A–8 (11/25/08)
– Form T-1, annual financial reports for union trusts, OLMS issues final rule, overview, 190:A–1 (10/1/08); AFL-CIO opposes, others approve as less burdensome, changes reviewed, Special Report, 204:C–1 (10/22/08)
– IUOE

– – Campaign Web sites, union rule requiring locals to maintain passwords lawful to block nonmember access (D.D.C.), 208:A–8 (10/28/08)
– – Local 150, DOL alleges funding violations, sues to void 2007 internal election (N.D. Ill.), 196:A–11 (10/9/08)

– LIUNA Local 500, Toledo official pleads guilty to embezzlement (N.D. Ohio), 204:A–4 (10/22/08)

LABOR MANAGEMENT STANDARDS OFFICE (OLMS)

– LMRDA

– – Criminal actions involving unions, OLMS releases FY2008 stats, 210:A–6 (10/30/08)
– – Form T-1, annual financial reports for union trusts, OLMS issues final rule, overview, 190:A–1 (10/1/08); AFL-CIO opposes, others approve as less burdensome, changes reviewed, Special Report, 204:C–1 (10/22/08)

LABOR PEACE AGREEMENTS

– ERISA, NLRA, contractors' challenge to project stabilization pact rejected, community college district was market participant (C.D. Cal.), 213:A–4 (11/4/08)

LABOR STATISTICS BUREAU (BLS)

– Job projections, modified education and training requirements, comments sought, In Brief, 222:A–8 (11/18/08)
– Wage and earnings statistics

See WAGES AND SALARIES

LABORERS (LIUNA)

– CTW activities

See CHANGE TO WIN (CTW)

– Local 500, LMRDA, official pleads guilty to embezzlement (N.D. Ohio), 204:A–4 (10/22/08)

LANDSCAPING

– Outside Unlimited, race, national origin, religious bias, $75K settles harassment claims of Egyptian-born worker (D. Md.), 211:A–1 (10/31/08)

LANGUAGE REQUIREMENTS

– Brain waste, about 22 percent of college-educated immigrants unemployed or underemployed, speaking English key to success, report, 205:A–8 (10/23/08)
– English-only rules, Salvation Army will alter policies, job descriptions to settle EEOC challenge (D. Mass.), 217:A–1 (11/10/08)

LAW ENFORCEMENT EMPLOYEES

– Cal., retaliation, LA officer demoted, transferred after corroborating co-worker's sexual harassment charges wins $3.6M jury award (Cal. Super. Ct.), 222:A–3 (11/18/08)
– N.J., national origin bias, state trooper applicant lawfully rejected for discrepancies, poor references (3d Cir.), 219:A–5 (11/13/08)
– New York

– – Nassau County Police Department

– – – ADEA, transfers to less desirable posts constructive discharge, settlement with EEOC preliminarily approved (E.D.N.Y.), 207:A–7 (10/27/08)
– – – Sexual harassment, policy and practice, disparate treatment, 3 ex-detectives awarded $1M (E.D.N.Y.), 223:A–8 (11/19/08)

– – NYC law dictates NYPD must bargain with union over switch from urinalysis to hair samples for random drug tests (N.Y. App. Div.), 214:A–7 (11/5/08)

– N.C., race and sex bias, retaliation, male police commander alleging whistleblower role in Wilmington ticket-fixing probe lacks Title VII claims (4th Cir.), 214:A–1 (11/5/08)
– Volunteering, FLSA bars public employee from performing unpaid service for same public agency, Wage and Hour Op. Letter, 224:A–5 (11/20/08); text, 224:E–10 (11/20/08)

LAYOFF ANNOUNCEMENTS

– American Express, 211:A–10 (10/31/08)
– ArvinMeritor, 212:A–2 (11/3/08)
– Bank of New York Mellon, 228:A–12 (11/26/08)
– Brunswick, 198:A–9 (10/14/08)
– Chrysler, 206:A–9 (10/24/08); 207:A–1 (10/27/08)
– Circuit City, 213:A–9 (11/4/08); 218:A–10 (11/12/08)
– Citigroup, 222:A–6 (11/18/08)
– Daimler Trucks NA, 203:A–5 (10/21/08)
– DHL, 218:A–9 (11/12/08)
– E-Bay, 194:A–13 (10/7/08)
– Fidelity Investments, 217:A–12 (11/10/08)
– Ford, 217:A–14 (11/10/08)
– Gannett U.S. Community Publishing, 211:A–6 (10/31/08)
– GM, 217:A–14 (11/10/08)
– Goldman Sachs, 217:A–15 (11/10/08)
– Lear, 212:A–2 (11/3/08)
– Merck, 205:A–8 (10/23/08)
– Micron Tech., 198:A–12 (10/14/08)
– Motorola, 213:A–11 (11/4/08)
– Natl. City Bank, 204:A–10 (10/22/08)
– Qwest Comms. Intl., 211:A–12 (10/31/08)
– Sun Microsystems, 221:A–14 (11/17/08)
– Tenneco, 211:A–6 (10/31/08); 212:A–2 (11/3/08)
– TRW Automotive Holdings, 212:A–2 (11/3/08)
– Univ. of Texas Med. Branch, 221:A–14 (11/17/08)
– Virginia, 197:A–8 (10/10/08)
– Visteon, 212:A–2 (11/3/08)
– Washington Mutual, 229:A–9 (11/28/08)
– Whirlpool, 209:A–12 (10/29/08)

LAYOFFS

– Mass layoffs, BLS reports, Sept., 2008, 205:D–1 (10/23/08); third quarter, extended, 220:D–19 (11/14/08); Oct., 2008, 226:D–11 (11/24/08)
– RIFs

See REDUCTIONS IN FORCE (RIFs)

– WARN act

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

– Workforce reductions, Challenger, Gray, & Christmas reports, Sept., 2008, 191:A–5 (10/2/08); Oct., 2008, 215:A–6 (11/6/08)

LEAVE

– FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Holiday

See HOLIDAYS

– Voting

See VOTING

– Workplace Religious Freedom Act

See LEGISLATION, FEDERAL, S 3628

LEGISLATION, FEDERAL

– House

– – HR 800, Employee Free Choice Act (EFCA), Miller (D-Cal), would require card check recognition by employers, without formal election process, provide for FMCS intervention if parties unable to reach first contract within 90 days, management attorneys fear Obama support will trigger massive wave of union organizing, 215:AA–1 (11/6/08); NAM opposes, urges President-elect Obama to protect secret ballot, 215:AA–4 (11/6/08); Change to Win will press for passage, legislative agenda discussed, 216:AA–1 (11/7/08); union success in health care industry likely whether or not EFCA passes, speakers say, 226:A–5 (11/24/08); Chamber issues white papers refuting unions' arguments in favor of passage, 228:A–8 (11/26/08); economic crisis calls for new labor-management approach, EFCA necessary first step, Obama staffer Kochan says, 228:C–1 (11/26/08)
– – HR 1424, Emergency Economic Stabilization Act, attached as rider to House-passed Paul Wellstone Mental Health and Addiction Equity Act, revamped alternative to rejected federal bailout package HR 3997, Senate expected to approve $700B plan to rescue financial markets, caps on executive pay detailed, House passage uncertain, may be last chance for mental health parity, 191:A–8 (10/2/08); Senate clears bill with executive pay caps, package moves to House, details, 192:A–9 (10/3/08); House passes, Bush enacts, 193:A–10 (10/6/08); mental health parity measure enacted, details, 193:A–11 (10/6/08); top economists critique Troubled Asset Relief Program (TARP) component, urge regulation, corporate governance, 194:A–1 (10/7/08); AFL-CIO counsel, others to serve on oversight panel for Troubled Asset Relief Program (TARP), In Brief, 221:A–14 (11/17/08); Senate bill seeks executive compensation cap for TARP-aided firms, 228:A–4 (11/26/08)
– – HR 2095, Federal Railroad Safety Improvement Act, Inouye (D-Hawaii), Oberstar (D-Minn), would reauthorize Amtrak, update rail safety legislation, set minimum training standards, tighten hours of service rules, overview, House and Senate approve, enactment expected, 192:A–2 (10/3/08); enacted, overview, 201:A–7 (10/17/08)
– – HR 2233, Unemployment Insurance Modernization Act, would set aside $7B from extension of existing federal unemployment tax surcharge to allocate among states that make specific changes to their UI systems, House approves, advocates, state officials urge Senate passage, 221:A–10 (11/17/08); passage would bolster overall economy as jobless rates soar, report explains, 229:A–2 (11/28/08)
– – HR 2638, Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, extends TAA “as is,” keeps program running to March, 2009, “disappointed” Bush enacts, 191:A–2 (10/2/08); federal employees get 3.9 percent pay hike, overview, In Brief, 191:A–12 (10/2/08); E-Verify funding enacted at $100M for 2009, 196:A–7 (10/9/08)
– – HR 3010, Arbitration Fairness Act, Johnson (D-Ga), would invalidate mandatory pre-dispute agreements in employment, consumer and franchise contracts where parties' bargaining power unequal, companion bill to S 1782, reported favorably to Judiciary Committee, discussed, 196:A–8 (10/9/08)
– – HR 3652, Protecting Employees and Retirees in Business Bankruptcies Act, to amend Section 1113 of the bankruptcy code, attorneys debate erosion of labor safeguards in bankruptcy cases, need for law, 214:C–1 (11/5/08)
– – HR 3685, Employment Non-Discrimination Act (ENDA), Frank (D-Mass) proposes revised version deleting gender identity language, retaining sexual orientation, would ban job bias, preferential treatment, quotas, complaints rate examined in UCLA report, In Brief, 223:A–11 (11/19/08)
– – HR 3997, Emergency Economic Stabilization Act, initial federal bailout package, $700B plan to rescue financial markets, cap executive compensation narrowly rejected in House, leaders say Senate likely to approve plan soon, lawmakers comment on progress, alternatives, 190:A–9 (10/1/08); revamped alternative, HR 1424, 191:A–8 (10/2/08)
– – HR 6049, Renewable Energy and Job Creation Act, Senate approves tax bill containing mental health parity language as in HR 6983 but different funding, reconciliation of measures, tax debate discussed, 190:A–5 (10/1/08); parity passage discussed in relation to HR 1424, 190:A–9 (10/1/08)
– – HR 6111, Employee Misclassification Prevention Act, Andrews (D-NJ), would amend FLSA, outlaw independent contractor misclassifications to avoid benefits payments, create harsher penalties, companion bill introduced in Senate, 198:A–7 (10/14/08)
– – HR 6382, Pension Protection Technical Corrections Act, Rangel (D-NY), Miller (D-Cal), would extend tax cuts, suspend pension funding rules, includes asset smoothing clarification provision, Senate declines to act, may revisit in December, 225:A–4 (11/21/08); employers stress urgency of funding relief, administration talking points summarized, 227:A–4 (11/25/08)
– – HR 6633, Employee Verification Amendment Act, Giffords (D-Ariz), would extend DHS's voluntary E-Verify program 5 years, ensure reimbursement of SSA for use of resources, discussed, 196:A–7 (10/9/08)
– – HR 6660, Prohibiting the Department of Labor's Secret Rule Act, Miller (D-Cal), would prevent DOL from proceeding with rule altering methods used to measure workplace exposures to toxic substances, hazardous chemicals, discussed, 195:A–6 (10/8/08)
– – HR 6867, Unemployment Compensation Extension Act, Rangel (D-NY), McDermott (D-Wash) measure would extend unemployment benefits for up to seven additional weeks, House passes, Senate may take up in Nov., 193:A–12 (10/6/08); discussed, 207:A–9 (10/27/08); lawmakers, witnesses urge inclusion of additional UI extensions in second stimulus package, overview, 210:A–1 (10/30/08); infrastructure investment urged by many as quick job creator in second stimulus package, 211:A–7 (10/31/08); Chamber of Commerce would consider extensions for states with “severe” jobless rates, 216:AA–1 (11/7/08); Senate approval likely, legislation path unclear, options discussed, 220:A–6 (11/14/08); Reid (D-Nev) expects Senate to begin debate on extension with rider on automatic aid, Bush opposition waning, 221:A–10 (11/17/08); Senate to begin debate on $600B bill, auto industry loan package dropped, 224:A–5 (11/20/08); Senate approves, Bush to sign, 225:AA–1 (11/21/08); enacted, details, 226:A–2 (11/24/08); passage, policy report discussed, 229:A–2 (11/28/08)
– – HR 6983, Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act, House approves stand-alone bill requiring insurers offering mental health coverage to provide same benefits as for other medical conditions, Majority Leader Hoyer (D-Md) urges Senate passage, 190:A–5 (10/1/08); parity passage discussed in relation to HR 1424, 190:A–9 (10/1/08)
– – HR 7233, Family and Medical Leave Enhancement Act, Maloney (D-NY), would expand FMLA coverage to small businesses, allow employees at companies with more than 25 employees to take unpaid leave, introduced, 196:A–2 (10/9/08)

– Senate

– – S 20, Protecting Patients and Health Care Act, Clinton (D-NY), Murray (D-Wash), would bar implementation of proposed HHS ban on bias against health care workers with religious or moral objections to abortion-related services, introduced, 228:A–3 (11/26/08)
– – S 1041, Employee Free Choice Act (EFCA), Kennedy (D-Mass), would require card check recognition by employers, without formal election process, provide for FMCS intervention if parties unable to reach first contract within 90 days, management attorneys fear Obama support will trigger massive wave of union organizing, 215:AA–1 (11/6/08); NAM opposes, urges President-elect Obama to protect secret ballot, 215:AA–4 (11/6/08); Change to Win will press for passage, legislative agenda discussed, 216:AA–1 (11/7/08); union success in health care industry likely whether or not EFCA passes, speakers say, 226:A–5 (11/24/08); Chamber issues white papers refuting unions' arguments in favor of passage, 228:A–8 (11/26/08)
– – S 1782, Arbitration Fairness Act, Feingold (D-Wis), would make pre-dispute mandatory arbitration clauses in consumer, employment, and franchise agreements unenforceable, discussed, 196:A–8 (10/9/08)
– – S 1871, Unemployment Insurance Modernization Act, Kennedy (D-Mass), would set aside $7B from extension of existing federal unemployment tax surcharge to allocate among states that make specific changes to their UI systems, advocates, state officials urge passage, 221:A–10 (11/17/08); passage would bolster overall economy as jobless rates soar, report explains, 229:A–2 (11/28/08)
– – S 2092, Protecting Employees and Retirees in Business Bankruptcies Act, to amend Section 1113 of the bankruptcy code, attorneys debate erosion of labor safeguards in bankruptcy cases, need for law, 214:C–1 (11/5/08)
– – S 3023, Veterans' Benefits Improvement Act, amends USERRA complaint process, expands DOL reporting rules to improve enforcement, enacted, 198:A–8 (10/14/08)
– – S 3335, Jobs, Energy, Families, and Disaster Relief Act, tax and energy bill, House and Senate mental health parity compromise bill added, discussed, 191:A–8 (10/2/08)
– – S 3414, Visa Efficiency and E-Verify Extension Act, Menendez (D-NJ), would extend E-Verify program by 5 years, recapture unused visas, discussed, 196:A–7 (10/9/08)
– – S 3507, Unemployment Compensation Extension Act, Reed (D-RI), would extend unemployment benefits for seven or thirteen additional weeks, opposition from GOP leadership halts attempt to consider bill, 192:A–8 (10/3/08); discussed, 193:A–12 (10/6/08); action on House bill discussed, 220:A–6 (11/14/08)
– – S 3554, Affordable Coverage for Small Employers Act, Smith (R-Ore), Lieberman (I-Conn), cost-pooling plan would give small business owners more options for providing health care coverage to employees, introduced, 194:A–5 (10/7/08)
– – S 3566, workplace risk assessment, Murray (D-Wash), would prevent DOL from proceeding with proposed “secret” rule on exposures to toxic substances, hazardous chemicals, introduced, 195:A–6 (10/8/08); Nov., 2008 deadline in DOL semiannual agenda “just a formality,” but monitoring expected, 228:A–3 (11/26/08)
– – S 3573, Promoting Innovations to 21st Century Careers Act, Murray (D-Wash), would establish $912M program to help state, regional leaders increase high school graduation rates and job opportunities for students nationwide, introduced, 194:A–2 (10/7/08)
– – S 3594, Protect Citizens and Residents from Unlawful Raids and Detention Act, Kennedy (D-Mass), would establish minimum standards of due process and fair treatment for citizens, lawful permanent residents, immigrants detained in immigration raids, introduced, overview, 197:A–10 (10/10/08)
– – S 3606, Religious Worker Visa Extension Act, Hatch (R-Utah), would extend Non-Minister Religious Worker Visa Program until March, 2009, enacted, 198:A–9 (10/14/08); R-1 nonminister religious worker visas, CIS final rule to address fraud, abuse of program summarized, 228:B–1 (11/26/08)
– – S 3628, Workplace Religious Freedom Act, Kerry (D-Mass), would amend Title VII to establish accommodation provisions, definitions, introduced, 196:A–7 (10/9/08)
– – S 3648, Employee Misclassification Prevention Act, Kennedy (D-Mass), would amend FLSA, outlaw independent contractor misclassifications to avoid benefits payments, create harsher penalties, introduced, 198:A–7 (10/14/08)
– – S 3693, Stop the Greed on Wall Street Act, Sanders (I-Vt), Lincoln (D-Ark), would amend Emergency Economic Stabilization Act by capping executive compensation for employees of firms receiving TARP funds, introduced, referred to banking committee, 228:A–4 (11/26/08)
– – S 3695, Prisoner Opportunity, Work, and Education Requirement (POWER) Act, Ensign (R-Nev), would require federal prison inmates to work 50 hours per week, train for jobs, study life skills, introduced, wage distribution explained, 228:A–5 (11/26/08)

LIUNA

See LABORERS (LIUNA)

LMRA

See LABOR MANAGEMENT RELATIONS ACT (LMRA)

LMRDA

See LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT (LMRDA)

LOCAL GOVERNMENT

See specific states
– Employees

See specific states

LOCAL LAWS

See specific states

LOCKOUTS

– Midwest Generation, 2001 IBEW lockout was ULP, $16.2M settlement approved (NLRB ALJ), 228:A–2 (11/26/08)

LOCOMOTIVE ENGINEERS AND TRAINMEN (BLET)

– Div. 282, embezzlement, ex-officer sentenced to one year probation, fined (S.D. Ohio), 209:A–5 (10/29/08)

LONGSHORE AND WAREHOUSE UNION (ILWU)

– Local 17, Blue Diamond plant workers reject ILWU representation, 226:A–9 (11/24/08)
– Pac. Maritime Ass'n, pact ratified by mail ballot, wage hikes retroactive, 221:A–11 (11/17/08)
– Port of Seattle, vested retiree benefits conferred in ILWU pact are deferred compensation surviving expiration of pact (Wash.), 202:A–4 (10/20/08)

LONGSHOREMEN (ILA)

– Locals 799, 800, 805, Conley Terminal, Port of Boston, state gets final conviction in payroll, benefits fraud cases (Mass. Super. Ct.), 212:A–3 (11/3/08)

LOUISIANA

– DOL grants

– – Re-employment assistance, non-TAA, $7.5M, In Brief, 220:A–12 (11/14/08)
– – TAA for dislocated auto workers, $1M, In Brief, 196:A–14 (10/9/08)

– SCA, DOL recovers over $2M in back pay for Katrina, Rita cleanup workers, 226:A–8 (11/24/08)