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PW: bnaweb22 ----- Forwarded by Sylvia Hu/Corp/Enron on 11/20/2000 08:40 AM ----- "BNA Highlights" <bhighlig@bna.com< 11/19/2000 11:07 PM To: "BNA Highlights" <bhighlig@bna.com< cc: Subject: Nov. 20 -- BNA, Inc. Daily Labor Report ______________________________ DAILY LABOR REPORT Highlights & Table of Contents November 20, 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 __________ LABOR DEPARTMENT PUBLISHES FINAL 'HELPERS' RULE The Department of Labor releases a final rule to amend Davis-Bacon Act regulations to allow contractors on federal and federally assisted construction projects to use "helpers" when that practice prevails in an area. The final rule is scheduled for publication in the Nov. 20 "Federal Register". The final rule states that "[a] distinct classification of 'helper' will be issued in wage determinations applicable to work performed on construction projects covered by the labor standards provisions of the Davis-Bacon and Related Acts." The agency says, however, that the classification will apply only where: "(i) the duties of the helper are clearly defined and distinct from those of any other classification on the wage determination; (ii) the use of such helpers is an established prevailing practice in the area; and (iii) the helper is not employed as a trainee in an informal training program." A union attorney expresses doubt the rule will succeed in setting any helper determination, while a representative of the Associated Builders and Contractors says the organization is considering litigation against the rule, which he says "ignores the realities of the workplace and refuses to recognize a prevailing class of workers.". . . Page AA-1, Text E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j9a7_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a8w5_ NLRB RULES 3-1 AGAINST LABOR SUPPLIER FOR REFUSING TO HIRE ORGANIZER Tradesmen International Inc., a supplier of skilled construction workers, committed an unfair labor practice by refusing to hire a union organizer who challenged a construction company's compliance with a city bonding ordinance, the National Labor Relations Board rules in a 3-1 decision ("Tradesmen Int'l Inc., "332 N.L.R.B. No. 107, 10/31/00 [released 11/9/00]). Overturning an administrative law judge's dismissal of the complaint, Chairman Truesdale and Members Fox and Liebman find Tradesmen violated Sections 8(a)(1) and (3) of the National Labor Relations Act by refusing to hire Matthew Oakes, a full-time organizer for Sheet Metal Workers Local 33 in northern Ohio. "Oakes appeared before [a city board] in furtherance of the Union's legitimate interest in 'leveling the playing field' between union and nonunion contractors by ensuring that [Tradesmen], a nonunion contractor, did not have an unfair competitive advantage by virtue of its noncompliance with the surety bond ordinance," the majority writes. Dissenting, Member Hurtgen asserts that Oakes's activity in testifying before the city board was not protected because the bond ordinance "was wholly unrelated to employees' terms and conditions of employment" and "[t]he bond had no connection to any labor dispute involving [Tradesmen]." . . . Page A-1, Text E-22 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f3w0_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_ UFCW, THREE FOOD CHAINS BARGAIN PACTS FOR 16,000 WORKERS IN ARIZONA Members of the United Food and Commercial Workers union approve new contracts covering more than 16,000 supermarket employees at stores operated by Fry's, Safeway Inc., and ABCO Markets in Arizona. The three companies bargained separately but simultaneously with UFCW Local 99, and all three contracts are essentially the same with minor language differences, according to Local President William McDonough. The contracts provide wage increases of $1.20 per hour over term for top-scale employees. The new food clerk scale goes to $14.17 per hour, while the top rate for general merchandise clerks is $11.25 per hour. . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j8c5_ TIME WARNER, DOL SETTLE CHARGES FIRM MISCLASSIFIED WORKERS Time Warner Inc. and the Labor Department announce that they have settled for $5.5 million charges that the company misclassified hundreds of employees as independent contractors or temporary workers, denying them benefits coverage in violation of the Employee Retirement Income Security Act. DOL filed suit against the company in October 1998 alleging that, since at least 1990, the publishing giant regularly misclassified workers and failed to examine whether they met internal and common-law criteria for benefits eligibility. The settlement approved by the U.S. District Court for the Southern District of New York provides that certain temporary workers and independent contractors who provided contingent worker services for Time Inc. from 1992 to 1997 and who execute the appropriate documentation provided for under the terms of the settlement will receive proceeds from the agreement, the company says, adding that it is not admitting any liability or wrongdoing. According to the Labor Department, the settlement may benefit hundreds of employees of Time Inc. . . . Page A-11 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5k2d7_ DELAY IN TRANSFER SOUGHT BY EMPLOYEE NOT ADVERSE ACTION Boeing Co.'s delay in transferring an engineer to a job away from his supervisor, whom he had accused of harassing him, does not amount to an adverse employment action, the Tenth Circuit rules, affirming summary judgment for the company ("Amro v. Boeing Co., "10th Cir., No. 99-3281, 11/14/00). "He cites no case ... which holds that the mere delay in obtaining a desired transfer, in the absence of some other negative or unfavorable effect from the delay, constitutes an adverse action," Judge Anderson writes for the court. The only consequence of the transfer delay, the court finds, was that Amro was forced to face "unpleasant and vulgar encounters" with his supervisor. The supervisor's conduct, however, was not "itself sufficiently negative and pervasive to create an adverse employment action." . . . Page A-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r3v9v2_ ARBITRATOR'S AWARD VACATED WHERE UMW DENIED CHANCE TO MAKE CASE An arbitrator exceeded his authority under a collective bargaining agreement when he failed to allow the United Mine Workers to present evidence that Marrowbone Development Co. violated the agreement by assigning union work to nonunion employees, the Fourth Circuit rules, upholding a district court's decision to vacate the award ("International Union, United Mine Workers of America v. Marrowbone Dev. Co., "4th Cir., No. 00-1262, 11/14/00). "Here, the arbitrator told the Union to meet with Marrowbone, gather information, negotiate further, and, if the dispute was still not resolved, present evidence and argument at a March 26 arbitration hearing," writes Judge Motz. "Yet the arbitrator issued his award without ever holding that hearing or affording the Union the opportunity to present the evidence it had been prepared to offer at the abbreviated February hearing." "Therefore, despite our usual deference, we cannot sanction the decision of an arbitrator who failed to provide a signatory to the arbitration agreement a full and fair hearing," Motz says. . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5d1k5_ ________________ ALSO IN THE NEWS ________________ INTERNATIONAL LABOR: The International Labor Organization's governing body votes to allow ILO members to impose sanctions against Myanmar (Burma) for its failure to stamp out the use of forced labor in the country. . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4v9u1_ EDUCATION: National Labor Relations Board Region 2 certifies the United Auto Workers as the exclusive bargaining representative for more than 1,400 graduate teaching and research assistants at New York University following a count of challenged ballots, which produced a vote tally of 619-551 in favor of union representation. . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4r5m6_ HOUSING: Housing starts were "virtually unchanged" between September and October as construction of new privately owned homes increased by only 0.1 percent to 1.532 million, the Commerce Department re- ports. . . . Page D-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a1q0_ ____ TEXT ____ DAVIS-BACON ACT: Labor Department's final Davis-Bacon helper regulations. . . . Page E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a8w5_ UNFAIR LABOR PRACTICES: NLRB decision in "Tradesmen International Inc.". . . Page E-22 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_ NLRB: NLRB's weekly summary, dated Nov. 17, 2000.. . . Page E-30 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5h5w1_ _________________ TABLE OF CONTENTS _________________ LEADING THE NEWS DAVIS-BACON ACT Labor Department releases final rule to amend Davis-Bacon Act regulations on contractors use of "helpers" on federal and federally assisted construction projects . . . Page AA-1, dle1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j9a7_ ____ NEWS ____ AIRLINES United Airlines, IAM head to court as contract negotiations covering 15,000 mechanics reach impasse . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5k0n4_ ARBITRATION Fourth Circuit vacates award of arbitrator who exceeded authority under collective bargaining agreement by failing to provide union "full and fair hearing" . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5d1k5_ COMMUNICATIONS WORKERS Lucent Technologies to eliminate 240 jobs in finance and human resources divisions by end of November, expects more cuts . . . Page A-12 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5h6w5_ COMPENSATION Emerging Issues Task Force of Financial Accounting Standards Board ratifies guidance on reporting issues pertaining to stock compensation . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4t1z4_ EDUCATION NLRB certifies UAW as exclusive bargaining representative for more than 1,400 graduate teaching and research assistants at New York University . . . Page A-8 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4r5m6_ EEOC Federal district court in New York rules successor company's ignorance of consent decree, plus lack of substantial continuity in workforce, shields it from successor liability . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7p0_ EMPLOYMENT Manpower Inc. survey finds strong demand for workers across several industries will continue throughout first quarter of 2001 . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5g9w9_ ERISA Time Warner Inc. and Labor Department announce $5.5 million settlement in case charging company misclassified hundreds of employees as independent contractors or temporary workers . . . Page A-11 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5k2d7_ FAMILY LEAVE Harvard School of Public Health study finds most employees lack enough sick leave or vacation leave to cover care-giving activities for family members . . . Page A-9 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j2p4_ INTERNATIONAL LABOR ILO treaty to eliminate worst forms of child labor becomes international law . . . Page A-3 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5c7f0_ ILO's governing body gives members green light to impose sanctions against Myanmar (Burma) for failure to stamp out use of forced labor . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4v9u1_ United States and Vietnam to establish program of cooperation and dialogue on labor matters, with United States providing technical assistance . . . Page A-12 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5g8d1_ NAFTA Canadian anti-free trade lobby group and Canadian Union of Postal Workers apply for standing in investor-state claim filed against Canadian government by United Parcel Service . . . Page A-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r4z3c6_ NATIONAL ORIGIN Tenth Circuit rules Boeing Co.'s delay in transferring engineer is not adverse employment action, affirming grant of summary judgment . . . Page A-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r3v9v2_ PENSIONS Sixth Circuit rules federal bankruptcy court did not err in using "prudent investor rate" to calculate PBGC claim in bankruptcy proceeding involving unfunded liabilities of terminated defined benefit pension plans . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5b1r8_ RETAIL FOOD STORES UFCW members ratify new collective bargaining agreements covering 16,000 to 17,000 supermarket employees at Fry's, Safeway, and ABCO Markets in Arizona . . . Page A-10 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j8c5_ STEEL U.S. steel producer Wheeling-Pittsburgh Steel Corp. files voluntary bankruptcy under Chapter 11, blaming steel dumping as "root cause" of financial difficulties . . . Page A-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5e4r0_ UNFAIR LABOR PRACTICES NLRB rules supplier of skilled construction workers committed unfair labor practice by refusing to hire union organizer who challenged construction company's compliance with city bonding ordinance . . . Page A-1, E-22 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f3w0_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_ _____________ ECONOMIC NEWS _____________ HOUSING Commerce Department reports housing starts "virtually unchanged" between September and October as construction of new privately owned homes increased only 0.1 percent . . . Page D-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a1q0_ EARNINGS Labor Department's Bureau of Labor Statistics announces average annual pay of U.S. workers climbed 4.3 percent to $33,313 in 1999 . . . Page D-5 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5j5n4_ ____ TEXT ____ DAVIS-BACON ACT Labor Department's final Davis-Bacon Act regulations . . . Page E-1 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5a8w5_ UNFAIR LABOR PRACTICES NLRB decision in Tradesmen International Inc. . . . Page E-22 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_ NLRB NLRB's weekly summary of cases, dated Nov. 17, 2000 . . . Page E-30 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5h5w1_ ______________ TABLE OF CASES ______________ Amro v. Boeing Co. (10th Cir.) . . . Page A-6 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r3v9v2_ EEOC v. Barney Skanska Constr. Co. (S.D.N.Y.) . . . Page A-4 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r1k7p0_ Herman v. Time Warner Inc. (S.D.N.Y.) . . . Page A-11 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5k2d7_ Int'l Union, United Mine Workers of America v. Marrowbone Dev. Co. (4th Cir.) . . . Page A-7 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5d1k5_ Pension Benefit Guaranty Corp. v. Belfance (In re CSC Indust. Inc.) (6th Cir.) . . . Page A-2 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5b1r8_ Tradesmen Int'l Inc. (N.L.R.B.) . . . Page A-1, E-22 http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f3w0_ http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a3r5f5u1_ __________ 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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