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PW: bnaweb22 ----- Forwarded by Sylvia Hu/Corp/Enron on 11/15/2000 08:20 AM ----- "BNA Highlights" <bhighlig@bna.com< 11/14/2000 11:07 PM To: "BNA Highlights" <bhighlig@bna.com< cc: Subject: Nov. 15 -- BNA, Inc. Daily Labor Report ______________________________ DAILY LABOR REPORT Highlights & Table of Contents November 15, 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 __________ VOTE CAN BE CONTESTED AFTER NLRB OFFICER OVERSLEPT, RESCHEDULED A St. Louis waste hauler was justified in challenging a representation election won by Teamsters Local 682, when the National Labor Relations Board Officer in charge of the initial vote overslept and then unilaterally scheduled a second election, according to the Eighth Circuit ("NLRB v. Superior of Missouri, Inc., "8th Cir., No. 99-3648, 11/7/00). Considering the circumstances surrounding the "hotly contested election," the board officer's unilateral action might have had an impact on the second vote and warranted an NLRB hearing on Superior of Missouri's objections to the election, the divided appeals court panel holds. A dissenting judge finds that the objections raised by the employer were insufficient to warrant an evidentiary hearing. He rejects the employer's argument that the board agent's conduct and the rescheduling of the election "caused prejudice and destroyed the laboratory conditions necessary for conducting a fair election." . . . Page AA-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5g1_ FACTORY WORKER EXPOSED TO PORNOGRAPHY HAS NO SEX HARASSMENT CASE An electronics factory maintenance specialist whose co-workers left pornographic pictures around the workplace for her to find because they believed she had complained about a racy swimsuit calendar has no claim against her employer for sexual harassment in violation of Title VII of the 1964 Civil Rights Act, a federal trial court in Indiana rules ("Garton v. Thomson Consumer Electronics Inc., "S.D. Ind., No. IP99-1218-C-T/G, 10/25/00). Plaintiff Aletha Garton "was subjected to boorish, crass and offensive behavior in the workplace by her co-workers, but the conduct of which she complains does not rise to the level of actionable sexual harassment," says Judge Tinder, granting Thomson Consumer Electronics Inc.'s motion for summary judgment. . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7h8_ PAY PRESSURE UNLIKELY TO RECEDE, WTI PROJECTS Despite evidence of slower growth across the U.S. economy, key labor market measures pulled together in the Wage Trend Indicator suggest wage pressures will remain strong into next year, according to the latest report released by BNA. "The new WTI figures suggest there will be no easing in wage pressures into next year," said economist Joel Popkin, whose firm developed the indicator for BNA. Labor shortages are likely to make it hard for many companies to hire workers over the next few months, the WTI report suggests. . . . Page D-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1r3e9_ STATE RULES APPLY TO 'HYBRID' SUIT WHILE IN STATE COURT, NINTH CIRCUIT SAYS A suit by a member of the International Union of Bricklayers & Allied Crafts alleging "hiring hall and collective bargaining violations" by the union and various employers is not barred by the six-month statute of limitations in federal law, the Ninth Circuit rules ("Prazak v. Local 1 Int'l Union of Bricklayers & Allied Crafts, "9th Cir., No. 98-36129, 11/13/00). Reversing the decision of the U.S. District Court for the District of Alaska, the court of appeals holds that in a "hybrid" claim originally filed in state court, "if the federal statute of limitations is initially complied with, the state procedural rules apply until the case is removed to federal court." "[William] Prazak's complaint originated in state court," writes Judge Nelson. "Thus, state procedural rules should have been applied until the case was removed to federal court. The [defendants] could have avoided the application of Alaska's procedural rules by immediately removing the case to federal court. As a tactical matter, however, the [defendants] chose to litigate Prazak's initial lawsuit in state court. The [defendants] must live with that choice." . . . Page A-6, Text E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1f3x6_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1h7u1_ PHILADELPHIA SEIU LOCAL RATIFIES ACCORD WITH BUILDING OWNERS Janitors and other building maintenance workers represented by Service Employees International Union Local 36, whose mail ballots were counted Nov. 14, overwhelmingly approve a three-year contract with the owners of about 80 commercial buildings in Philadelphia. Local 36 Organizing Director Joseph M. Shields says the agreement with Building Owners Labor Relations Inc., which bargains for about 24 building owners, provides for wage increases totaling 10.5 percent and a 70 percent increase in pension contributions over term. The contract runs from Oct. 15, 2000, through Oct. 14, 2003, and covers 2,300 building service workers in Philadelphia. . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q8g9_ SEVENTH CIRCUIT SAYS JURY MUST DECIDE IF NEUROPATHY VICTIM IS DISABLED A former employee of Sears, Roebuck & Co. may proceed with her discrimination claims under the Americans with Disabilities Act, the Seventh Circuit rules, holding that a rational jury could conclude the employee was disabled ("EEOC v. Sears, Roebuck & Co., "7th Cir., Nos. 99-3734 and 99-4037, 11/8/00). Reversing a lower court's grant of summary judgment, the appeals court says a jury should determine whether Judith Keane was disabled under the ADA and therefore entitled to reasonable accommodations. "It is not our role to come to a decision as to whether Keane was disabled under the ADA," writes Chief Judge Flaum on behalf of the panel. "Rather, we only need decide whether a rational jury, viewing the evidence in the light most favorable to the plaintiffs could come to such a decision. We believe they could. Thus, we conclude that summary judgment should not have been granted on the basis that Keane was not disabled." . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5v8_ ________________ ALSO IN THE NEWS ________________ CONGRESS: The House and Senate agree to recess until Dec. 5, leaving unresolved several appropriations bills, a proposed minimum wage hike-tax cut measure, and disagreements over the Occupational Safety and Health Administration's final rule on ergonomics. . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1u2b8_ UTILITIES: Some 1,100 operating engineers working for Wisconsin Public Service Corp. will receive wage increases totaling 9.8 percent over three years as part of a contract ratified by members of the International Union of Operating Engineers Local 310. . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1t7t2_ SAFETY & HEALTH: State and local government workers will be protected from the health risks of exposure to asbestos under an Environmental Protection Agency final rule set for publication in the Nov. 15 "Federal Register". . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g5h1_ EMPLOYMENT: The proportion of workers employed full-time for the entire year climbed to 65.9 percent during 1999, the highest level recorded since the data have been collected, the Bureau of Labor Statistics reports. . . . Page D-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g3f9_ ____ TEXT ____ LABOR LAW: Decision of the "Ninth Circuit Prazak v. Local 1 International Union of Bricklayers & Allied Crafts". . . . Page E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1h7u1_ _________________ TABLE OF CONTENTS _________________ LEADING THE NEWS LABOR LAW Eighth Circuit rules St. Louis waste hauler justified in challenging outcome of representation election where NLRB officer in charge of initial vote overslept and unilaterally scheduled second election . . . Page AA-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5g1_ ____ NEWS ____ AIRLINES Officers of Independent Association of Continental Pilots ask the Houston-based carrier to open wage negotiations in May of next year . . . Page A-9 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1v1x5_ BUILDING SERVICES SEIU-represented janitors and building maintenance workers ratify three-year contract with the owners of about 80 commercial buildings in Philadelphia . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q8g9_ CONGRESS House and Senate recess until Dec. 5, leaving unresolved several appropriations bills, proposed minimum wage hike-tax cut measure, and disagreements over OSHA's final ergonomics rule . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1u2b8_ DISABILITIES Seventh Circuit rules rational jury could conclude former Sears, Roebuck & Co. employee was disabled under ADA, despite use of cane . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5v8_ ERGONOMICS Coalition of industry groups files suit in Court of Appeals for D.C. Circuit in effort to block OSHA's final ergonomics standard . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q8p0_ FMCS Federal Mediation and Conciliation Service schedules publication Nov. 15 in "Federal Register" of draft fiscal year 2001 Program Guidelines and Application to solicit applicants for Labor-Management Cooperation program . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1h9u7_ LABOR LAW Ninth Circuit rules union member's "hybrid" claim under LMRA and NLRA filed in state court is not barred by six-month statute of limitations in federal law . . . Page A-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1f3x6_ PENSIONS ERISA Advisory Council approves reports and recommendations of work groups on phased retirement, long-term care, and benefit continuity after organizational restructuring . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1u8w1_ SAFETY & HEALTH EPA final rule protecting state and local government workers from the health risks of exposure to asbestos published in Nov. 15 "Federal Register" . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g5h1_ U.S. attorney's office in Philadelphia files criminal charges against president of an Allentown, Pa., chemical company where an explosion killed five people in February 1999 . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g5p2_ SEX DISCRIMINATION Sixth Circuit reverses summary judgment for assistant county attorney fired to "placate" boss's wife, saying gender may not have been the motivating factor . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3q9v1m9_ SEXUAL HARASSMENT Federal trial court in Indiana rules factory worker whose co-workers left pornographic pictures around workplace does not have sexual harassment claim . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7h8_ TRADE Bipartisan U.S. Trade Deficit Review Commission report warns growing trade deficits must eventually come down but fails to reach common ground on labor, environmental issues in future trade negotiations . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1r9j3_ UTILITIES New contract for about 1,100 operating engineers at Wisconsin Public Service Corp. provides wage increases totaling 9.8 percent over next three years . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1t7t2_ _____________ ECONOMIC NEWS _____________ COMPENSATION BNA's Wage Trend Indicator suggests wage pressures will remain strong into next year, despite evidence of slower growth across U.S. economy . . . Page D-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1r3e9_ EMPLOYMENT Labor Department's Bureau of Labor Statistics reports proportion of workers employed full-time for entire year climbed to 65.9 percent during 1999 . . . Page D-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1g3f9_ RETAIL SALES Commerce Department says retail sales rose just 0.1 percent in October, held down by a decline in auto sales . . . Page D-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5p8_ ____ TEXT ____ LABOR LAW Decision of the Ninth Circuit in Prazak v. Local 1 International Union of Bricklayers & Allied Crafts . . . Page E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1h7u1_ ______________ TABLE OF CASES ______________ EEOC v. Sears, Roebuck & Co. (7th Cir.) . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5v8_ Garton v. Thomson Consumer Elec. Inc. (S.D. Ind.) . . . Page A-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7h8_ Lococo v. Barger (6th Cir.) . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3q9v1m9_ NLRB v. Superior of Mo., Inc. (8th Cir.) . . . Page AA-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q5g1_ Prazak v. Local 1 Int'l Union of Bricklayers & Allied Crafts (9th Cir.) . . . Page A-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1f3x6_ U.S. Chamber of Commerce v. OSHA (D.C. Cir.) . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1q8p0_ __________ 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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