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User iD: enrondlr PW: bnaweb22 -----Original Message----- From: "BNA Highlights" <bhighlig@bna.com<@ENRON Sent: Monday, November 19, 2001 11:20 PM To: BNA Highlights Subject: Nov. 20 -- BNA, Inc. Daily Labor Report ______________________________ DAILY LABOR REPORT Highlights & Table of Contents November 20, 2001 ______________________________ ISSN 1522-5968 __________ HIGHLIGHTS __________ ILLINOIS HUMAN RIGHTS DEPARTMENT PROCEDURES RULED UNCONSTITUTIONAL Certain procedures used by the Illinois Department of Human Rights to investigate employment discrimination complaints violate the due process clause of the Fourteenth Amendment to the U.S. Constitution, the U.S. District Court for the Northern District of Illinois rules ("Cooper v. Salazar, "N.D. Ill., No. 98-C-2930, 11/1/01). Judge Shadur grants summary judgment to the plaintiffs, a class of discrimination complainants led by Ricky Cooper, on their due process claims against department director Carlos J. Salazar. The court orders the department to stop relying on witness credibility determinations made without affording complainants an opportunity to confront and cross examine witnesses against them. The court also orders Salazar to allow complainants seeking review of the department's decision not to pursue their cases access to documents in their investigative files. Finally, the court orders the department to modify certain review procedures to protect the plaintiffs' due process rights. . . . Page AA-1, Text E-54 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6h7r6_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_ SEVEN UNIONS, PIPELINE FIRM CHALLENGE OKLAHOMA'S RIGHT-TO-WORK LAW Seven unions and a pipeline services company file suit seeking to overturn Oklahoma's newly adopted right-to-work law, which prohibits union-security clauses in bargaining contracts, bans union hiring halls, and requires individual employee approval for union dues to be deducted from a paycheck ("Local 514, Transport Workers Union v. Oklahoma, "E.D. Okla., No. 01-633-S, "suit filed" 11/13/01). State Question 695 was approved by 54 percent of the voters in a special election Sept. 25. The lawsuit filed in federal court in Oklahoma alleges that SQ 695 violates the supremacy clause of the U.S. Constitution and is preempted by the National Labor Relations Act, the Railway Labor Act, the Postal Reorganization Act, and the Civil Service Reform Act. The challengers also allege SQ 695 violates the Oklahoma Constitution's amendment procedures and constitutes a prohibited "special law" not applying to any other types of membership organizations. The suit asks the court to declare the constitutional amendment invalid and to permanently enjoin state officials from enforcing it. . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f7z3_ EEOC WILL STILL INVESTIGATE ADA CHARGES AFTER "GARRETT" The EEOC is advising its district directors to continue processing and investigating disability discrimination charges against state government employers, despite the U.S. Supreme Court's ruling that individuals can no longer sue those employers for monetary relief under the Americans with Disabilities Act. Such individual suits were barred by the U.S. Supreme Court's February decision in "Board of Trustees of the University of Alabama v. Garrett. " However, the EEOC memo advises that the agency will continue to investigate these charges and refer them for mediation and continue to coordinate charges that have "litigation potential" with the Department of Justice. The commission observes that the "severe limitations" placed on private lawsuits by the "Garrett " ruling makes its own enforcement role "more important than ever." But a former general counsel sees the directive as "wishful thinking" on the part of the civil rights enforcement agency. . . . Page B-1, Text E-26, E-38 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5t5b1_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v4_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_ BUSH SIGNS AIRPORT SECURITY BILL TO FEDERALIZE SCREENERS President Bush signs into law a bill (S. 1447, Conf. Rep. 107-296) that will place all responsibility for airport security into the hands of the federal government and federalize virtually all airport baggage screeners within one year. Organized labor's reaction to the measure has been largely positive, but unions that represent federal workers are questioning the status of baggage screeners after they become federal employees. The measure calls for a new undersecretary of transportation for security who will "be responsible for hiring and training personnel to provide security screening at all airports in the United States." The American Federation of Government Employees says it is "alarmed and disappointed" that the report does not ensure federal employee screeners have the same rights as other employees. Meanwhile, flight attendants' and pilots' unions applaud the bill's passage, noting that it contains many features that have long been priorities in their organizations. Of particular importance to the Association of Flight Attendants was a provision that requires screening of all checked bags. . . . Page A-9, Text E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9u6_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b4z2_ SIXTH CIRCUIT REJECTS RETALIATORY FIRING CLAIM IN FAMILY LEAVE SUIT The Sixth Circuit rejects a retaliatory discharge claim filed by an employee who claimed Great Lakes Power Service Co. fired him "in retaliation for "intending" to take his statutorily protected 12 weeks of leave" ("Skrjanc v. Great Lakes Power Serv. Co., " 6th Cir., No. 00-3726, 11/14/01). "The right to actually take 12 weeks of leave pursuant to the FMLA includes the right to declare an intention to take such leave in the future," the court says. It finds Michael Skrjanc, however, failed to show that because he invoked his FMLA rights, he was treated differently than similarly situated employees. Skrjanc was discharged at the same time the company was divesting itself of its pump unit, where he worked. The three other people who also worked in the pump unit were fired as well, the court points out. All four of the pump unit employees were fired, none was considered for a new position, and Skrjanc failed to show that Great Lakes had a history of considering employees for transfer when their positions were eliminated, the court says. . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v2b7_ ________________ ALSO IN THE NEWS ________________ AIRLINES: The National Mediation Board announces that it will soon start a 30-day cooling off period in the collective bargaining dispute between United Air Lines and the International Association of Machinists for a new contract to cover the carrier's 15,000 mechanics and related employees. The NMB also recommends appointment of a presidential emergency board. . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6k5h4_ POSTAL WORKERS: A federal judge rejects the Miami-area American Postal Workers Union's request to order the Postal Service into expedited arbitration to address the local's demands that window clerks be allowed to wear masks. . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6j2f3_ ____ TEXT ____ AIRLINES: Text of the Aviation and Transportation Security Act, as approved by House and Senate Nov. 16.. . . Page E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b4z2_ EEOC: EEOC memorandum related to the Supreme Court's ruling in "Garrett.". . . Page E-26 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v4_ EEOC: EEOC memorandum related to Supreme Court's ruling in "Kimel".. . . Page E-38 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_ DISCRIMINATION: Decision of the U.S. District Court for the Northern District of Illinois in "Cooper v. Salazar. ". . . Page E-54 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_ _________________ TABLE OF CONTENTS _________________ LEADING THE NEWS DISCRIMINATION Certain procedures used by the Illinois Department of Human Rights to investigate employment discrimination complaints violate the due process clause of the Fourteenth Amendment to the U.S. Constitution, a federal district court in Illinois rules . . . Page AA-1, Text E-54 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6h7r6_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_ ____ NEWS ____ AIRLINES NMB announces that it will soon start a 30-day cooling off period in the collective bargaining dispute between United Airlines and the Machinists over a new contract to cover the carrier's 15,000 mechanics and related employees . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6k5h4_ President Bush signs into law a bill (S. 1447, Conf. Rep. 107-296) that will give the federal government all responsibility for airport security and federalize virtually all airport baggage screeners within one year . . . Page A-9, Text E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9u6_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b4z2_ DISCRIMINATION Leaders of three civil rights enforcement agencies--EEOC, the Civil Rights Division of the Department of Justice, and the Labor Department's OFCCP--issue a joint statement calling for stepped-up vigilance against employment discrimination in the wake of the Sept. 11 terrorist attacks . . . Page A-11 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9k2_ EDUCATION Finding that certain graduate teaching assistants at Brown University in Providence, R.I., are employees under the National Labor Relations Act, an NLRB regional director orders an election to determine whether the TAs wish to be represented by the UAW . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9k9_ EMPLOYMENT GAO report says impending retirement of the unusually large baby boom generation combined with slow labor force growth poses potential problems for employers and the economy . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5y2a3_ FMLA Eligible employee had the right to request 12 weeks of leave under the Family and Medical Leave Act without being fired in retaliation, the Sixth Circuit rules, although his case fails because his former employer offered a nondiscriminatory reason for terminating him . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v2b7_ HOTELS Boston hotel workers, their ranks thinned by about one-third since Sept. 11, are threatening to strike the city's major hotels if agreement on a new contract is not reached by Nov. 30 . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v2t5_ IMMIGRATION Announcement from Attorney General Ashcroft that he will separate the INS enforcement functions from its service functions receives a lukewarm response from lawmakers . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f4r6_ Democratic congressional leaders visiting Mexico called for a renewed emphasis on migration reform in advance of important bilateral meetings on migration being held in Washington . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f9w7_ MANUFACTURING Aluminum Co. of America (Alcoa) announces that 6,500 jobs will be eliminated by the end of 2002 in an effort to make the company more efficient . . . Page A-12 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f8f3_ NEWSPAPERS Newspaper Guild members approve a new eight and one-half year contract with the "Portland Press Herald/Maine Sunday Times" reached after nearly three years of negotiations . . . Page A-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v8p1_ "Seattle Times" and the Pacific Northwest Newspaper Guild settle a dispute arising out of the agreement that ended last year's seven-week strike at the newspaper . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b9v9_ POSTAL WORKERS Federal judge rejects arguments by the Miami-area American Postal Workers Union that the court order the U.S. Postal Service into expedited grievance arbitration to address the local's demands that window clerks be allowed to wear masks to protect them against anthrax exposure . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6j2f3_ STATE EMPLOYEES Five of the six bargaining units represented by AFSCME Council 6 announced that union members approve new contracts with the state . . . Page A-11 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6j5f3_ TEAMSTERS Final count in the election of IBT officers shows incumbent President Hoffa winning the union's top post with 64.8 percent of the votes cast . . . Page A-12 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f7f8_ TRADE U.S. companies have broadly come out in support of decision by WTO member countries to begin a new round of global trade negotiations early next year aimed at further liberalizing world trade in a wide range of goods and services . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f8z1_ UNION DUES Seven unions and a pipeline services company file suit seeking to overturn Oklahoma's newly adopted right-to-work law . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f7z3_ WORKFORCE REDUCTIONS Bristol-Myers Squibb Co. says it has eliminated 1,000 jobs, or roughly 2 percent of its workforce, as part of its effort to become a pure pharmaceutical company . . . Page A-11 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c7b8_ ______________ SPECIAL REPORT ______________ DISABILITIES EEOC is advising its district directors to continue processing and investigating disability discrimination charges against state government employers, despite the U.S. Supreme Court's ruling that individuals no longer can sue those employers for monetary relief under the Americans with Disabilities Act . . . Page B-1, Text E-26, E-38 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5t5b1_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v4_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_ ____ TEXT ____ AIRLINES Conference report on the Aviation and Transportation Security Act . . . Page E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6b4z2_ DISCRIMINATION Decision of the U.S. District Court for the Northern District of Illinois in "Cooper v. Salazar" . . . Page E-38 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_ EEOC EEOC memorandum related to the Supreme Court's ruling in "Garrett" . . . Page E-26 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v4_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5w0v3_ EEOC EEOC memorandum related to Supreme Court's ruling in "Kimel" . . . Page E-38 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5x5v0_ ______________ TABLE OF CASES ______________ Brown Univ. and United Auto Workers (NLRB Reg. Dir.) . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6c9k9_ Cooper v. Salazar (N.D. Ill.) . . . Page AA-1, Text E-54 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6h7r6_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6d2k4_ Local 514, Transport Workers Union v. Oklahoma (E.D. Okla.) . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6f7z3_ Miami Area Local Am. Postal Workers Union v. USPS (S.D. Fla.) . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y6j2f3_ Skrjanc v. Great Lakes Power Serv. Co. (6th Cir.) . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4y5v2b7_ ___________________________________________________________ Daily Labor Report (ISSN 1522-5968) Highlights are published daily by The Bureau of National Affairs, Inc., 1231 25th St., NW, Washington, DC 20037. Registered Web subscribers can access the full text of these articles by using the URL link supplied. To register for a FREE Web trial, go to http://web.bna.com. For subscription information and other inquiries, call BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET), excluding most federal holidays. 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. 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