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PW: bnaweb22 -----Original Message----- From: "BNA Highlights" <bhighlig@bna.com<@ENRON Sent: Wednesday, October 24, 2001 11:10 PM To: BNA Highlights Subject: Oct. 25 -- BNA, Inc. Daily Labor Report ______________________________ DAILY LABOR REPORT Highlights & Table of Contents October 25, 2001 ______________________________ 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 __________ HOUSE PASSES ECONOMIC STIMULUS; CRITICS SAY WORKER AID FALLS SHORT By a vote of 216-214, the House passes a broad economic stimulus bill (H.R. 3090) that includes provisions to expand unemployment insurance and health care benefits for laid-off workers. Seven Republicans voted against the proposal, while three Democrats voted in favor. Rep. Johnson (R-Conn.) says the bill, sponsored by House Ways and Means Committee Chairman Thomas (R-Calif.), would put $9 billion into state coffers within 10 days of enactment. The bill would allow states to use the funds to pay regular unemployment benefits, increase benefit payments, extend benefits beyond 26 weeks, expand benefit eligibility, or for administrative purposes. The bill also would extend the work opportunity tax credit and the welfare-to-work tax credit through Dec. 31, 2003, and contains provisions to boost the Social Services Block Grant program by $3 billion so that states can give health coverage to the unemployed. Critics of the bill--including congressional Democrats, labor, and civil rights groups--claim the measure will not accomplish the Republicans' stated goals of stimulating the economy and getting displaced workers back on the job. A substitute measure offered by House Democrats is rejected by a vote of 261-166. Senate Majority Leader Daschle (D-S.D.) tells reporters that he hopes the Senate will be able to pass its own version of an economic stimulus bill before Thanksgiving. . . . Page AA-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6f5c4_ ARKANSAS COURT ORDERS TRIAL ON WHETHER BIPOLAR DISORDER IS PHYSICAL A former Smith Barney employee is entitled to a trial to decide whether his bipolar affective disorder is a mental illness subject to a 24-month cap on benefits under a long-term disability policy or a physical illness not subject to a cap, the Arkansas Supreme Court rules unanimously ("Elam v. First Unum Life Ins. Co., "Ark., No. 00-1430, 10/18/01). Reversing summary judgment for First Unum Life Insurance Co., the supreme court holds that because both the insurer and James Elam submitted evidence outside of the insurance policy to support their interpretations of the term "mental illness," the issue is a question of fact for a jury to decide. The policy defines mental illness as "mental, nervous or emotional diseases or disorders of any type." Arguing the term is ambiguous, Elam says bipolar affective disorder is a physical illness with a biological origin that is treated with medication. . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6a7e7_ SIXTH CIRCUIT BLOCKS MOVE TO SEPARATE FLSA, LMRA CLAIMS A former truck driver's attempt to separate claims he brought under the Fair Labor Standards Act and the Labor-Management Relations Act in order to avail himself of the FLSA's two-year statute of limitations falls short, as the Sixth Circuit finds the wage claim barred by the federal labor law's six-month limitations period ("Martin v. Lake County Sewer Co., "6th Cir., No. 00-00228, 10/17/01). In addition to seeking unpaid wages under the FLSA after his discharge, Donald Martin charged his former employer, Lake County Sewer Co., with violating the terms of its collective bargaining agreement with a Teamsters local in violation of LMRA Section 301. Martin also contended that the union violated its duty of fair representation under Section 301 by failing to pursue a grievance against Lake for allegedly improper deductions in his benefits and pay. Martin argues his FLSA claim is distinct from the Section 301 claim and therefore governed by the wage law's two-year limitations period. According to the Sixth Circuit, however, Martin's charge relating to the unpaid wages was based on the provision in the collective bargaining agreement governing compensation and must be resolved in accordance with LMRA procedures. . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5m1t1_ NURSE'S AIDE ASSAULTED BY CO-WORKER CAN PROCEED WITH SUIT A nurse's assistant who was sexually assaulted by a co-worker can proceed with a series of claims against an upstate New York health care facility, despite the fact that the employer immediately suspended and later discharged the alleged attacker, a federal magistrate judge rules ("Becker v. Ulster County, "N.D. N.Y., No. 99-CV-1278, 10/10/01). Rejecting a summary judgment motion by Ulster County Golden Hill Health Care Center, Judge Homer of the U.S. District Court for the Northern District of New York finds that Gail Becker established enough evidence to go to trial on her claims of sexual harassment based on a hostile work environment and retaliation under Title VII of the 1964 Civil Rights Act and other laws. Her evidence surrounding the assault incident--including her supervisor's failure to allow Becker to call the police and the facility's refusal to allow her time off to seek a protective order--if credited, "establishes an incident sufficient by itself to support a finding that the conditions of her employment were irrevocably altered as a result and that those conditions became abusive," the court holds. . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5h5w4_ FED FINDS MANY REGIONS REBOUNDING FROM SEPTEMBER The terrorist attacks on New York and Washington stunted economic growth throughout the country in September, but many regions saw activity rebound in recent weeks, the Federal Reserve reports in its "Beige Book" summary of economic conditions in each of its 12 districts. Business activity recovered quickly from some aspects of the attacks, such as reduced air cargo capacity, but long-run effects are more difficult to assess, according to the Fed. New since the attacks, however, are disruptions to productivity due to increased security precautions and insurance premiums, the central bank says. . . . Page D-12 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6h7v2_ ______________ TODAY'S EVENTS ______________ EMPLOYMENT: Bureau of Labor Statistics releases third quarter figures on employment cost index, 8:30 a.m., Labor Department. UNEMPLOYMENT: Weekly data on initial claims for unemployment benefits released, 8:30 a.m., Labor Department. ________________ ALSO IN THE NEWS ________________ EARNINGS: On an inflation-adjusted basis, the median weekly earnings of full-time U.S. workers rose 0.8 percent during the year ended in the third quarter, a smaller gain than in the prior 12-month period, according to figures by the Bureau of Labor Statistics. . . . Page D-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6g5n1_ HOTELS: Closure of the Flamingo Reno hotel and casino affects approximately 1,000 workers. As the business shut down, the Hotel Employees and Restaurant Employees union still was pushing the casino's owners to provide extra benefits beyond what the company has offered the workers, a union representative says. . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6a8f6_ SAFETY & HEALTH: Safety professionals and employers at nearly 1.3 million worksites will have new forms for recording on-the-job injuries and illnesses, bringing to a close an effort launched during the late 1980s to simplify the recordkeeping burden while providing more detailed information on how accidents and illnesses occur. . . . Page A-11 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6f7e1_ HEALTH CARE EMPLOYEES: Registered nurses, represented by United Food and Commercial Workers Local 655, at St. John's Mercy Medical Center in St. Louis approve by a 721-108 vote a first contract, ending nearly two years of negotiations since formation of the bargaining unit in July 1999. . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6b7t2_ _________________ TABLE OF CONTENTS _________________ LEADING THE NEWS EMPLOYMENT House passes by vote of 216-214 broad economic stimulus bill (H.R. 3090) that includes provisions to expand unemployment insurance and health care benefits for laid-off workers . . . Page AA-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6f5c4_ ____ NEWS ____ ARBITRATION Public policy dictates reversing arbitration decision that allowed police officer accused of sexual harassment and improper sexual conduct to return to work, Minnesota appeals court rules . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5g3r3_ EMPLOYEE BENEFITS Former Smith Barney employee is entitled to trial to decide whether his bipolar affective disorder is mental illness subject to 24-month cap on benefits under long-term disability policy or physical illness not subject to cap, Arkansas Supreme Court rules . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6a7e7_ ERISA "Abatement plan" between UPS Inc. and Teamsters that allowed UPS to temporarily abate its contributions to multiemployer pension fund in exchange for higher contribution rates did not violate ERISA, Seventh Circuit rules . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5x5d6_ FLSA Sixth Circuit finds former truck driver's Fair Labor Standards Act claim barred by Labor-Management Relations Act's six-month limitations period . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5m1t1_ HEALTH CARE EMPLOYEES Registered nurses at St. John's Mercy Medical Center in St. Louis approve first contract, ending nearly two years of negotiations . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6b7t2_ HIRING Eli Lilly and Co. will add 5,000 additional sales representative positions over next three years . . . Page A-13 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6a5b8_ HOTELS HERE Local 86 presses until last minute for more generous severance benefits for 1,000 employees affected by closing of Flamingo Reno hotel and casino . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6a8f6_ INTERNATIONAL LABOR Legislation updating equal employment rights for men and women across European Union is approved by European Parliament . . . Page A-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6a6x4_ LABOR LAW Local hotel union's failure to mail election ballots to nearly 1,600 members supports setting aside election and holding new vote, federal district court rules . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5k9t9_ LABOR-MANAGEMENT COOPERATION National Labor-Management Conference 2002 Board of Directors seeks proposals for presentations on cooperation and innovation in unionized workplaces . . . Page A-13 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5z7n4_ PENSIONS Employer may not recover from actuarial consulting firm millions of dollars in pension plan benefits employer claims it lost because actuary failed to provide timely information to employer, Tenth Circuit rules . . . Page A-9 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6e6w2_ RETIREE BENEFITS Law requiring Social Security Administration to assign retired coal miners' health care premium liability to signatory coal operators did not impose Oct. 1, 1993, as mandatory deadline, Fourth Circuit rules . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5x5a2_ SAFETY & HEALTH Labor Department's decision to set aside some provisions in revised injury recordkeeping rule is applauded by industry groups, but labor unions argue that changes will skew national statistics . . . Page A-12 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6f7f8_ Nurse who accidentally stuck herself with needle used on AIDS patient had sufficient cause for emotional distress claim, Pennsylvania court rules . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5k5m3_ OSHA says safety professionals and employers at nearly 1.3 million worksites will have new forms for recording on-the-job injuries and illnesses . . . Page A-11 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6f7e1_ SEXUAL HARASSMENT Nurse's assistant who was sexually assaulted by co-worker can proceed with series of claims against upstate New York health care facility, despite fact that employer immediately suspended and later discharged alleged attacker, federal magistrate judge holds . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5h5w4_ STATE EMPLOYEES California Gov. Davis orders state agencies to freeze hiring of new employees and reduce current fiscal year spending by $150 million . . . Page A-9 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6f1j5_ TRADE Economist states that trade-related loss of more than 3 million jobs since 1994 should bolster opposition to trade promotion authority legislation . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6e5n5_ Senior administration official says President Bush will intensify efforts to get Congress to pass trade promotion authority . . . Page A-11 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6f2v8_ WORKFORCE REDUCTIONS Eastman Kodak Co. plans to cut workforce by 3,500 to 4,000 jobs . . . Page A-13 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6d3m5_ Sears, Roebuck & Co. says it will pare nearly 5,000 employees from global payroll in three-year plan to improve profitability and operational efficiencies . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6f2f5_ _____________ ECONOMIC NEWS _____________ EARNINGS Median weekly earnings of full-time U.S. workers rose 0.8 percent, inflation-adjusted, during year ended in third quarter, Labor Department's Bureau of Labor Statistics reports . . . Page D-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6g5n1_ ECONOMIC OUTLOOK Many U.S. regions saw economic growth rebound in recent weeks, Federal Reserve reports . . . Page D-12 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6h7v2_ PERSONAL INCOME U.S. personal income grew 0.8 percent in second quarter, marked slowing from first three months of year, Commerce Department says . . . Page D-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6g7p2_ ______________ TABLE OF CASES ______________ Becker v. Ulster County (N.D.N.Y.) . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5h5w4_ Chao v. Local 54, HERE (D.N.J.) . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5k9t9_ City of Brooklyn Ctr. v. Law Enforcement Labor Servs. Inc. (Minn. Ct. App.) . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5g3r3_ Elam v. First Unum Life Ins. Co. (Ark.) . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6a7e7_ Holland v. Pardee Coal Co. (4th Cir.) . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5x5a2_ Martin v. Lake County Sewer Co. (6th Cir.) . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5m1t1_ Shumosky v. Lutheran Welfare Servs. of N.E. Pa. Inc. (Pa. Super. Ct.) . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5k5m3_ Sprague v. Central States, S.E. and S.W. Areas Pension Fund (7th Cir.) . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w5x5d6_ Steiner Corp. v. Johnson & Higgins of Cal. (10th Cir.) . . . Page A-9 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4w6e6w2_ __________ 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 © 2001 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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