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PW: bnaweb22 ----- Forwarded by Sylvia Hu/Corp/Enron on 11/30/2000 09:33 AM ----- "BNA Highlights" <bhighlig@bna.com< 11/29/2000 11:11 PM To: "BNA Highlights" <bhighlig@bna.com< cc: Subject: Nov. 30 -- BNA, Inc. Daily Labor Report ______________________________ DAILY LABOR REPORT Highlights & Table of Contents November 30, 2000 ______________________________ ISSN 1522-5968 Registered Web subscribers can access the full text of these articles by using the URL link supplied. Information about becoming a subscriber or signing up for a FREE Web trial is available at http://web.bna.com or call BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET). __________ HIGHLIGHTS __________ SUPREME COURT HEARS ARGUMENT ON FORUM FOR INJURED DECKHAND'S CLAIMS The U.S. Supreme Court hears oral argument in a case involving an injured deckhand who wants to pursue a state court personal injury suit under the Jones Act and a shipowner who wants instead to proceed with a Limitation of Liability Act suit in federal court ("Lewis v. Lewis & Clark Marine Inc., "U.S., No. 99-1331, 11/29/00). James Lewis claims he injured his back while working aboard a tugboat owned by Lewis & Clark Marine Inc. on the Mississippi River. The company sued in federal court in Missouri under the Limitation Act, which allows shipowners to limit their liability to the value of the shipowner's interest in the vessel and its freight if the damage or injury occurred without the shipowner's knowledge. Lewis then sued in an Illinois state court, bringing Jones Act and other claims. Federal courts have exclusive jurisdiction over Limitation Act suits, which do not allow jury trials, but the "savings to suitors clause" allows claimants to keep access to "all other remedies to which they are otherwise entitled" under other statutes or common law. The Eighth Circuit blocked Lewis's state court suit, finding the federal court had exclusive jurisdiction. His attorney argues to the Supreme Court that the state suit should proceed and only if the judgment exceeds the value of the vessel and its freight should the company be able to go to federal court to limit the judgment. . . . Page AA-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d9b1_ DOL'S REGULATORY PLAN SUGGESTS FAST RULEMAKING PACE THROUGH JANUARY The Labor Department anticipates taking final action on eight regulations in the next two months that it has designated as priority items, including updates to its child labor regulations, simplification of occupational illness and injury recordkeeping requirements, and efforts to improve protections for coal miners, according to the agency's latest regulatory plan. Also on the priority list is finalization of regulations governing the welfare-to-work grants program and revisions to the Occupational Safety and Health Administration's steel erection safety requirements. According to an accompanying semiannual regulatory agenda, imminent action also is expected on final rules changing the regulations governing benefit payments under the Black Lung Benefits Act; establishing new rules for employers dependent on highly skilled temporary workers under the H-1B program; streamlining the labor certification process governing the permanent employment of aliens; banning discrimination against health care plan participants and beneficiaries based on health status; and exempting certain government contracts for commercial services from the Service Contract Act. OSHA is planning next month to publish two final rules, one intended to provide for full employee involvement in the agency's consultation program and the other revising the existing standard addressing emergency exit routes in workplaces. . . . Page C-1, Text E-1, E-23 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1g6x0_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2a1_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2b6_ 'TENDER BACK' AGE BIAS REGULATIONS COMING SOON FROM EEOC EEOC is on the verge of issuing a final regulation providing guidance on making payments to employees who waive their rights under the Age Discrimination in Employment Act, according to the agency's semiannual regulatory agenda scheduled for publication in the Nov. 30 "Federal Register." A second regulation, clarifying the application of Section 501 of the Rehabilitation Act as it applies to federal sector employees, also is scheduled for final publication soon. However, one of the major regulatory issues facing the commission, the legality of conversions to "cash balance" pension plans under the age discrimination act, is not formally addressed in the agenda. . . . Page C-2, Text E-84 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1b3w2_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2f3_ EIGHTH CIRCUIT UPHOLDS BOARD ORDER COUNTING TEMPORARY WORKER'S BALLOT The Eighth Circuit upholds the National Labor Relations Board's decision to count the outcome-determinative ballot of a temporary employee in a representation election among on-air personnel of a Kansas City, Mo., television station owned by New World Communications ("New World Communications v. NLRB, "8th Cir., No. 99-3228, 11/27/00). Judge Wollman says the board's decision to count Amanda Jahn's vote in favor of representation by the American Federation of Television and Radio Artists was supported by both the "date certain" and the "reasonable expectation" tests for determining whether a temporary employee is entitled to vote in a representation election. Jahn's vote breaks a tie, resulting in a 16-15 outcome in favor of AFTRA representation. . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0t0z2_ FIRED SOFTWARE FIRM DIRECTOR FAILS TO ESTABLISH BREACHED CONTRACT A Texas software company director fired after only a few months on the job fails to persuade the Fifth Circuit that the software company breached an employment contract or fraudulently induced him to leave his old job ("Hamilton v. Segue Software Inc., "5th Cir., No. 00-10541, 11/20/00). The Fifth Circuit affirms summary judgment for Segue Software Inc. on the claims brought by Randall K. Hamilton, finding that an employment contract between the parties did not expressly limit the employer's right under Texas law to fire Hamilton at will. The court rejects Hamilton's argument that an offer of an annual salary indicates a one-year employment contract. In addition, there was no evidence that Segue or its chief executive officer made any misrepresentations or fraudulently concealed the company's financial status in convincing Hamilton to take the job, the court says. . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d6e9_ WAGES UP 3.8 PERCENT IN CONTRACTS BARGAINED IN 2000 Data compiled by BNA in the first 48 weeks of 2000 show a weighted average first-year wage increase in newly negotiated contracts of 3.8 percent. In the same period last year, the increase was 3.3 percent. Manufacturing settlements provided a weighted average increase of 3.2 percent, and the weighted average increase in nonmanufacturing agreements, excluding construction contracts, was 4 percent. Among new settlements included in the latest biweekly wage tabulation are contracts between: ABCO Markets, Fry's, and Safeway Inc. and the United Food and Commercial Workers; Dominick's and Jewel Food Stores and the United Food and Commercial Workers. . . . Page D-12 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r8q7c5_ ______________ TODAY'S EVENTS ______________ PERSONAL INCOME: October report on personal income and outlays released, 8:30 a.m., Commerce Department. UNEMPLOYMENT: Weekly data on initial claims for unemployment benefits released, 8:30 a.m., Labor Department. ________________ ALSO IN THE NEWS ________________ SERVICES: The Union of Needletrades, Industrial, and Textile Employees announces a tentative multiemployer agreement to cover more than 4,000 commercial laundry workers at 34 commercial laundry facilities in the New York metropolitan area. The agreement would increase wages by more than 26 percent over three years. . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d5v7_ GDP: U.S. economic growth slowed to 2.4 percent at an annual rate in the third quarter, revised down from 2.7 percent estimated earlier, the Commerce Department reports. Real gross domestic product grew at its slowest pace since the third quarter of 1996 when GDP rose 2.0 percent. . . . Page D-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1e2p7_ ____ TEXT ____ LABOR DEPARTMENT: Regulatory plan for the Department of Labor. . . . Page E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2a1_ LABOR DEPARTMENT: Semiannual regulatory agenda of the Labor Department. . . . Page E-23 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2b6_ PENSIONS: Semiannual regulatory agenda of the Pension Benefit Guaranty Corporation. . . . Page E-76 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2d0_ EEOC: Semiannual regulatory agenda of Equal Employment Opportunity Commission. . . . Page E-84 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2f3_ _________________ TABLE OF CONTENTS _________________ LEADING THE NEWS SAFETY & HEALTH U.S. Supreme Court hears oral argument in case involving injured deckhand's right to pursue state court personal injury suit under Jones Act and shipowner's right to proceed under Limitation of Liability Act in federal court . . . Page AA-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d9b1_ ____ NEWS ____ CANADIAN ECONOMY Statistics Canada reports Canadian workers' average weekly earnings increased by 0.2 percent in September, half the revised 0.4 percent increase reported for August . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1c0w5_ CHILD LABOR U.S. Customs Service bans import of clothing allegedly made by forced child labor at Chinese-owned apparel factory in Mongolia . . . Page A-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d5a1_ COMMUNICATIONS SBC Communications and CWA begin negotiating new contracts for 126,000 workers in four geographic regions . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1c6d2_ DISABILITIES Eleventh Circuit affirms summary judgment against assembly-line worker who failed to present comparator evidence showing physical abilities of average person as part of ADA claim . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0r0e3_ EMPLOYMENT AT WILL Fifth Circuit rules Texas software company director fired after only months on job has no claim for breach of employment contract or fraudulent inducement . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d6e9_ ERGONOMICS AFL-CIO and several affiliated unions file suits challenging "weaknesses" in OSHA's recently issued ergonomics rule . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0f1r7_ ERISA Federal district court in New York rules John Hancock Mutual Life Insurance Co. breached fiduciary duties under ERISA and engaged in prohibited transactions while managing "free funds" of certain group annuity contracts issued to pension plan . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0b7a4_ HEALTH CARE INDUSTRY Public Citizen, SEIU formally petition FDA seeking immediate ban on traditional needles and other "unsafe" medical devices to protect health care workers from needlesticks . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1b3g1_ MEATPACKING UFCW-represented employees at Excel Corp. meatpacking plant in Schuyler, Neb., ratify five-year labor agreement with wage increase of $1.30 over term . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1a7x4_ NEWSPAPERS Walkout by almost 1,000 employees of "Seattle Times" and "Seattle Post-Intelligencer" continue into second week with no talks scheduled . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1f5g5_ POSTAL WORKERS U.S. Postal Service and APWU break off contract negotiations, agree to follow statutory dispute resolution process leading to binding interest arbitration . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1c8x8_ REPRESENTATION ELECTIONS Eighth Circuit upholds NLRB decision to count outcome-determinative ballot of temporary employee in representation election at television station owned by New World Communications . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0t0z2_ SERVICES UNITE announces tentative three year multiemployer agreement for more than 4,000 commercial laundry workers in New York metropolitan area . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d5v7_ ___________ REGULATIONS ___________ EEOC EEOC prepares to issue final regulation providing guidance on "tender back" issue under ADEA . . . Page dlc2, Text E-84 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1b3w2_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2f3_ IMMIGRATION INS plans to issue final rule in April 2001 paring down employment verification process . . . Page C-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1f1g0_ LABOR DEPARTMENT Labor Department anticipates final action in next two months on updates to child labor regulations, simplification of occupational illness and injury recordkeeping requirements, and efforts to improve protections for coal miners . . . Page dlc1, Text E-1, E-23 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1g6x0_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2a1_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2b6_ PENSIONS PBGC to issue proposed rule in July 2001 adopting mortality tables more current than 1983 mortality assumptions now in use . . . Page dlc3, Text E-76 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1c4y5_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2d0_ Pension and Welfare Benefits Administration undertakes review of regulations relating to bonding, requests for enforcement, civil penalties, and assessment of civil penalties under ERISA . . . Page C-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d3m0_ _____________ ECONOMIC NEWS _____________ COLLECTIVE BARGAINING Data compiled by BNA in first 48 weeks of 2000 for all settlements show weighted average first-year wage increase in newly negotiated contracts of 3.8 percent, compared with 3.3 percent in same period of 1999 . . . Page D-12 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r8q7c5_ GDP Commerce Department reports U.S. economic growth slowed to 2.4 percent at an annual rate in third quarter, revised down from earlier estimate of 2.7 percent . . . Page D-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1e2p7_ ____ TEXT ____ EEOC Semiannual regulatory agenda of the Equal Employment Opportunity Commission . . . Page E-84 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2f3_ LABOR DEPARTMENT Labor Department Regulatory Plan . . . Page E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2a1_ Semiannual regulatory agenda of the Labor Department . . . Page E-23 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2b6_ PENSIONS Semiannual regulatory agenda of the Pension Benefit Guaranty Corporation . . . Page E-76 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0v2d0_ ______________ TABLE OF CASES ______________ AFL-CIO v. OSHA (1st Cir.) . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0f1r7_ Hamilton v. Segue Software Inc. (5th Cir.) . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d6e9_ Harris Trust & Sav. Bank v. John Hancock Mut. Life Ins. Co. (S.D.N.Y.) . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0b7a4_ Lewis v. Lewis & Clark Marine Inc. (U.S.) . . . Page AA-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t1d9b1_ Maynard v. Pneumatic Prods. Corp. (11th Cir.) . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0r0e3_ New World Communications v. NLRB (8th Cir.) . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0t0z2_ Teamsters v. OSHA (9th Cir.) . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0f1r7_ UNITE v. OSHA (2d Cir.) . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3t0f1r7_ __________ Daily Labor Report (ISSN 1522-5968) Highlights are published daily by The Bureau of National Affairs, Inc., 1231 25th St., NW, Washington, DC 20037. For account information and changes, contact 1-800-372-1033 (M-F, 8:30 am-7:00 pm ET) To request retransmission or to order a copy of the summarized article, contact 1-800-452-7773 or e-mail bnaplus@bna.com. For copyright guidelines, go to http://www.bna.com/corp/copyright. Copyright © 2000 by The Bureau of National Affairs, Inc. Washington, D.C. 20037. Use of this service is subject to the terms and conditions of the license agreement with BNA. Unauthorized access or distribution is prohibited.
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