Daily Labor Report® Index-Summary

MACHINISTS (IAM)

– Boeing, Seattle strike enters second month with no talks, 193:A–12 (10/6/08); talks to resume, 197:A–9 (10/10/08); talks break down over job security, 199:A–6 (10/15/08); FMCS director summons parties to resume talks, 203:A–12 (10/21/08); strike continues, 208:A–10 (10/28/08); vote set on tentative pact, 209:AA–1 (10/29/08); ratification ends strike, 213:A–10 (11/4/08)
– Distr. 143, Delta Air Lines merger with Northwest Airlines draws criticism, unions weigh consequences, 211:A–8 (10/31/08); Northwest unions criticize Delta CEO over smaller pay raises, 223:A–4 (11/19/08)
– Distr. Lodge 19, IAM last of 13 unions to ratify Natl. Carriers Conf. Comm. rail pact, 193:A–14 (10/6/08)
– ExpressJet Airlines, tentative pacts reached with 4 unions cut costs by $20M, 199:A–10 (10/15/08); pacts ratified, 215:A–8 (11/6/08)
– Local 735, Vought Aircraft, strike at Nashville plant continues following failed mediation, 221:A–9 (11/17/08)
– Local 1999, Lufkin Indus. pact ratified, 201:A–5 (10/17/08)
– Local Lodge 2339N, mismanagement, IAM president continues trusteeship, overview, 211:A–4 (10/31/08)
– Lodge 24, Daimler Trucks NA announces plant closings, layoffs, 203:A–5 (10/21/08)

MAINE

– DOL grants, layoffs and plant closings, paper workers, In Brief, 219:A–13 (11/13/08)

MANDATORY ARBITRATION

– Am. Arb. Ass'n president warns bills limiting clauses in employment contracts could have unintended consequences, 196:A–8 (10/9/08)
– FLSA collective actions, waiver of opt-in requirement valid, opt-out class arbitration may proceed (U.S., rev den), 194:B–1 (10/7/08)
– Granite Rock, interference charge against IBT international rejected, employer must arbitrate bargaining grievance with local (9th Cir.), 205:AA–1 (10/23/08); text, 205:E–1 (10/23/08)
– Open Door pact enforceable under Ga. law, federal race and age bias, retaliation claims must be arbitrated (11th Cir.), 197:AA–1 (10/10/08)
– SOX whistleblower must arbitrate retaliation claim, no inherent policy conflict (2d Cir.), 193:A–1 (10/6/08); text, 193:E–22 (10/6/08)
– Supreme Court labor docket, oral arguments pending in six cases as 2008-2009 term opens, 192:AA–1 (10/3/08)

MANUFACTURING

– Activity, outlook

– – Industrial production and capacity, Federal Reserve Board report

See PRODUCTIVITY

– – ISM reports

See ECONOMIC ACTIVITY

– – MAPI forecast

See ECONOMIC OUTLOOK

– Briggs & Stratton, dispute over USW member's eligibility for early retirement not subject to arbitration, retirement plan appeals procedure governs (E.D. Wis.), 220:A–3 (11/14/08)
– Brunswick, restructuring brings job cuts, plant closures, 198:A–9 (10/14/08)
– Durable Mfg., permanent labor certifications, DOL rule limiting validity to 180 days not abuse of discretion, retroactive application lawful (N.D. Ill.), 217:A–5 (11/10/08)
– Freightcar Am., ERISA, plant shutdown aimed at pension benefits, settlement approved reinstating rights (W.D. Pa.), 226:A–4 (11/24/08)
– Lufkin Industries

– – IAM, IBB, GMPPW pacts ratified, 201:A–5 (10/17/08)
– – Promotions criteria properly viewed as one employment practice, race bias liability upheld (U.S., rev den), 194:B–7 (10/7/08)

– North American Pipe, one-time stock gift to union workers not mandatory subject for bargaining (2d Cir.), 199:A–1 (10/15/08)
– S.C. Johnson & Sons, ERISA, age bias, claims based on market rate of return unripe, but challenge to use of whipsaw calculations for lump sum distributions advances (E.D. Wis.), 223:A–3 (11/19/08)
– Whirlpool

– – Failed drug test pretext, firm liable for retaliation despite filing of workers' comp claim months after firing (Tenn. Ct. App.), 206:A–6 (10/24/08)
– – Restructuring, reduced demand during economic crisis trigger plant closures, job cuts, 209:A–12 (10/29/08)

MARITAL STATUS DISCRIMINATION

– Mont., $30K award upheld for building maintenance supervisor fired due to wife's poor job performance (Mont.), 225:A–5 (11/21/08)

MARITIME INDUSTRY

– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs optional pending court decision, 223:A–7 (11/19/08)
– Pac. Maritime Ass'n, ILWU pact ratified by mail ballot, wage hikes retroactive, 221:A–11 (11/17/08)
– Phoenix Processor, ULPs, fish processors fired for at-sea work stoppage have no NLRA claim, maritime duty for seamen prevails (U.S., rev den), 213:C–2 (11/4/08)
– P&O Ports N. Am., religious bias in overtime, termination, Coptic Christian security guards failed to show pretext or preferential treatment of Muslims (E.D.N.Y.), 217:A–3 (11/10/08)

MASS TRANSIT

– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs optional pending court decision, 223:A–7 (11/19/08)
– Laidlaw Transit Servs., public policy protects domestic violence victims from leave-related discharge (Wash.), 203:A–4 (10/21/08)

MASSACHUSETTS

– Conley Terminal, Port of Boston, state gets final conviction in ILA payroll, benefits fraud cases (Mass. Super. Ct.), 212:A–3 (11/3/08)
– DOL grants, Merrimack River region, economic development, In Brief, 219:A–13 (11/13/08)
– Medicare home health aides ratify SEIU1199 first contract, 228:A–7 (11/26/08)
– Pregnancy bias, six-employee threshold, employers too small for anti-bias statute may be sued under Equal Rights Act (MERA) (Mass.), 209:A–4 (10/29/08)
– Prevailing wage rate must be used to determine overtime on public projects (Mass.), 219:A–4 (11/13/08)
– Small businesses, new rule scales back penalties for failure to provide health insurance, 191:A–10 (10/2/08)

MASSACHUSETTS NURSES (MNA)

– Boston Med., pact ratified, 224:A–9 (11/20/08)

MEATPACKING

– Agriprocessors

– – Bankruptcy, firm files for Chapter 11 protection, In Brief, 219:A–13 (11/13/08)
– – Immigration, conspiracy to harbor, document fraud, identity theft, former CEO arrested as result of ICE raid (N.D. Iowa), 212:A–6 (11/3/08); company, managers indicted on multiple charges, bank fraud (N.D. Iowa), 229:A–4 (11/28/08)
– – Refusal to bargain ULP, UFCW certification valid, voters “employees” under NLRA despite undocumented status of most (U.S., rev den), 222:AA–1 (11/18/08)
– – Wage and hour violations, Iowa fines firm nearly $10.3M, orders $250K in back pay, 210:A–5 (10/30/08)

– Cibao Meat Prods., unilateral halt to UNITE HERE contributions was ULP despite pact expiration, benefits funds merger (2d Cir.), 214:AA–1 (11/5/08); text, 214:E–7 (11/5/08)
– JBS Swift, Utah workers choose UFCW, 229:A–7 (11/28/08)
– Smithfield Foods, RICO, claim alleging UFCW corporate targeting campaign to further organizing was extortion advances (E.D. Va.), 202:AA–1 (10/20/08); suit settled, parties agree to “fair process” election (E.D. Va.), 208:AA–1 (10/28/08); date set for election, In Brief, 223:A–12 (11/19/08)

MEDIATION

– EEOC program

– – Delaware signs on, In Brief, 226:A–10 (11/24/08)
– – New Mexico joins, In Brief, 214:A–10 (11/5/08)

– NMB

See NATIONAL MEDIATION BOARD (NMB)

MEDICAL TECHNOLOGY

– Nucletron, ADEA, retaliation, unlawful waivers, $295K settles EEOC claims on behalf of manager fired at age 61 (D. Md.), 220:A–1 (11/14/08)
– Syncor, ERISA fiduciary breach, $4M settles stock drop suit for losses stemming from foreign bribery scheme (C.D. Cal.), 212:A–4 (11/3/08)

MEDICARE

– ERISA, LMRA, parent firm cannot hike retirees' health care costs, vested along with benefits under pact (N.D. Ohio), 194:A–3 (10/7/08)
– GINA compliance

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Mass. home health aides ratify SEIU1199 first contract, 228:A–7 (11/26/08)
– Mo. home health care ballot initiative would expand availability of Medicaid services, allow workers bargaining rights, business groups balk, 210:A–1 (10/30/08); measure passes, 215:C–3 (11/6/08)

MENTAL HEALTH

– Paul Wellstone Mental Health and Addiction Equity Act, Kennedy (D-RI) and Ramstad (R-Minn), to require equity in the provision of mental health and substance-related disorder benefits under group health plans, contains provisions banning genetic bias, House and Senate compromise bill added to Senate tax and energy bill, S 3335, outlook, 190:A–9 (10/1/08); enacted as part of financial rescue rider signed by Bush, HR 1424, details, 193:A–11 (10/6/08)

MERCHANT MARINE ACT

– Atlantic Sounding, seaman alleging willful failure to pay maintenance and cure may seek punitive damages (U.S., rev grant), 213:C–1 (11/4/08)

MERGERS AND ACQUISITIONS

– Automakers hit hard by money crisis, possibility of GM-Chrysler merger discussed, 214:B–1 (11/5/08)
– Delta Air Lines merger with Northwest Airlines completed following DOJ clearance, In Brief, 210:A–8 (10/30/08); merger draws union criticism, IAM, AFA officials weigh consequences, 211:A–8 (10/31/08); Northwest unions criticize Delta CEO over smaller pay raises, 223:A–4 (11/19/08)

METALS INDUSTRY

– Special Metals, USW maintenance and production workers' pact ratified, 220:A–4 (11/14/08)

MEWAs

See MULTIPLE EMPLOYER WELFARE ARRANGEMENTS (MEWAs)

MEXICO

– Braceros Social Relief Fund, government will pay $14.5M to settle wage claims of guestworkers on U.S. farms, railroads during W.W. II (N.D. Cal.), 200:A–1 (10/16/08)
– NAFTA

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

MICHIGAN

– Apprentices, ERISA does not preempt ratio, equivalency rules, 1992 injunction lifted (6th Cir.), correction, 200:A–8 (10/16/08)
– Disabilities bias, ministerial exception bars claims of commissioned minister fired from Lutheran school (E.D. Mich.), 215:A–5 (11/6/08)
– Hamtramck voters approve repeal of citywide bias ban, 215:C–4 (11/6/08)
– National origin bias, pervasive harassment, constructive notice shown, state law claim based on respondeat superior reinstated (6th Cir.), 219:A–7 (11/13/08)
– Workers' compensation, pattern of activity shown, RICO suit alleging scheme to deny benefits reinstated, Mich. law no bar (6th Cir.), 206:A–11 (10/24/08); text, 206:E–4 (10/24/08)

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT (MSPA)

– Farmworkers entitled to pay for time spent waiting for ice to melt on crops (D. Ariz.), 197:A–14 (10/10/08)

MILITARY INSTALLATIONS

– Ky., DOL awards $3M to offset base closings, In Brief, 201:A–8 (10/17/08)
– N.J., DOL awards $3M to offset base closings, In Brief, 222:A–8 (11/18/08)

MILITARY LEAVE

– FMLA, DOL to issue final rules revisions on family military leave, other issues, overview, 220:AA–1 (11/14/08); rules praised for clarity, military provisions, slammed for shorter notice period, privacy concerns, Special Report, 225:C–1 (11/21/08)

MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

– American Coal, MSHA fines $1.46M for Galatia, Ill. mine violations, 203:A–3 (10/21/08)
– Asbestos exposure standard clarified by technical amendment, 217:A–10 (11/10/08)
– Bresee Trucking, Guest Mountain Mining, MSHA fines total $205K for accident disabling water truck driver, 227:A–5 (11/25/08)
– DOL semiannual regulatory agenda highlights include mine safety rules, 227:A–8 (11/25/08)
– Drug-free workplace programs, industry, labor slam MSHA proposed rule over privacy, safety risks, 203:A–3 (10/21/08); comment period extended, 206:A–4 (10/24/08); hearing, miners cite privacy, retaliation concerns, 209:A–7 (10/29/08); clarification, 210:A–8 (10/30/08)
– “Pattern of violations,” first-ever notice of its kind issued to Va. mining company, 223:A–7 (11/19/08)
– Prohibiting the Department of Labor's Secret Rule Act

See LEGISLATION, FEDERAL, HR 6660

– Safety top concern for Obama, AFGE releases pre-election letter naming agency priorities, 217:A–2 (11/10/08)
– Workplace risk assessment

See LEGISLATION, FEDERAL, S 3566

MINE WORKERS (UMWA)

– Drug-free workplace programs, industry, labor slam MSHA proposed rule over privacy, safety risks, 203:A–3 (10/21/08); comment period extended, 206:A–4 (10/24/08); miners cite privacy, retaliation concerns at hearing, 209:A–7 (10/29/08); clarification, 210:A–8 (10/30/08)

MINIMUM WAGE

– Living wage ordinances

See specific states

– Portal-to-Portal Act, unions say DOL should drop proposal to align FLSA rules with court rulings, Special Report, 203:C–1 (10/21/08)
– Saigon Grill, FLSA, N.Y. wage violations, owners, managers liable for $4.6M award to Chinese immigrant deliverymen (S.D.N.Y.), 207:AA–1 (10/27/08); correction, 209:A–13 (10/29/08)
– Teaching

– – Day care center instructors not subject to FLSA professional exemption, state regulations govern, Wage and Hour Op. Letter, 224:A–2 (11/20/08); text, 224:E–8 (11/20/08)
– – Licensed cosmetology instructors at accredited schools subject to FLSA professional exemption, Wage and Hour Op. Letter, 224:A–2 (11/20/08); text, 224:E–9 (11/20/08)
– – Substitute teachers subject to FLSA professional exemption even if lacking college degree, teaching certificate, Wage and Hour Op. Letter, 223:A–2 (11/19/08)

MINING

– American Coal, MSHA fines $1.46M for Galatia, Ill. mine violations, 203:A–3 (10/21/08)
– Drug-free workplace programs, industry, labor slam MSHA proposed rule over privacy, safety risks, 203:A–3 (10/21/08); comment period extended, 206:A–4 (10/24/08); miners cite privacy, retaliation concerns at hearing, 209:A–7 (10/29/08); clarification, 210:A–8 (10/30/08)
– Empire and Tilden Mines, USW master pact ratified, 196:A–13 (10/9/08)
– Guest Mountain Mining, MSHA fines $45K for accident disabling water truck driver, 227:A–5 (11/25/08)
– Patriot Mining, MSHA issues “pattern of violations” notice, first of its kind, 223:A–7 (11/19/08)
– United Taconite, Hibbing Taconite, USW pacts ratified, 196:A–13 (10/9/08)

MISSOURI

– Home health care ballot initiative would expand availability of Medicaid services, allow workers bargaining rights, business groups balk, 210:A–1 (10/30/08); measure passes, 215:C–3 (11/6/08)
– Pregnancy bias, state's sex bias ban provides remedy, claim revived (Mo. Ct. App.), 214:A–2 (11/5/08)
– Undocumented workers, governor forms joint task force with ICE to target employers of illegal immigrants, 197:A–13 (10/10/08)

MNA

See MASSACHUSETTS NURSES (MNA)

MONTANA

– DOL grants, aluminum worker layoffs, $462K, In Brief, 210:A–8 (10/30/08)
– Marital status bias, $30K award upheld for building maintenance supervisor fired due to wife's poor job performance (Mont.), 225:A–5 (11/21/08)

MORTGAGES

– Homebound Mortg., overtime, underwriter exempt administrative employee despite quarterly salary adjustments (2d Cir.), 205:A–4 (10/23/08)

MOTION PICTURE AND TELEVISION PRODUCERS (AMPTP)

– SAG to seek federal mediation in stalled talks, 203:A–11 (10/21/08); studios, networks agree to mediation, cite obstacles, 207:A–5 (10/27/08); mediation fails, SAG seeks strike authorization from membership, 227:A–4 (11/25/08)

MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)

– Truckers' hours of work, final rule, FMCSA adopts 11-hour limit despite opposition, 223:AA–1 (11/19/08)

MSHA

See MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

MSPA

See MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT (MSPA)

MULTIPLE EMPLOYER WELFARE ARRANGEMENTS (MEWAs)

– City chamber of commerce not an employer under ERISA, state insurance law governs MEWA, EBSA Advisory Op., 195:A–5 (10/8/08)