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INDEX
Vol. 46, Nos. 2335-2383, pp. 1-1514
Jan. 5 -Dec. 28, 2010

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

    MACHINISTS (IAM)
      – Air Force, civilian mechanic firing, excessive absences, leave policies, and rudeness, prior warnings and suspensions, timeliness (Fed. Cir.), 1219
    MAIL
    MAINTENANCE WORKERS
    MANAGEMENT AND BUDGET OFFICE (OMB)
      – Health information technology, heads of agencies to designate senior official for task force, 262
      – Plain Language Action and Information Network (PLAIN) designated to develop guidance for agencies and departments, 1396
      – Scientific integrity in decision and activities, policy directs reporting, improvement, freedom from influence, 1485
    MANAGERS
      – Federal Supervisor Training Act
        See LEGISLATION, FEDERAL, HR 5522, S 674
      – First-level federal supervisors, skills inadequate, ability to engage subordinates impaired, manage effectively, MSPB report, 878
    MANDATORY ARBITRATION
    MANDATORY BARGAINING TOPICS
    MANDATORY RETIREMENT
      – Age bias
        – – Ala., university trustees over 70, age limit exemption when passed, equal protection (11th Cir.), 302
        – – Equal protection, Foreign Service member assignment lasting past age 65, ADEA exception (D.D.C.), 1164
        – – Vt., state troopers, age 55 retirement, state constitution common benefits clause (Vt.), 893
    MANDATORY VICTIMS RESTITUTION ACT (MVRA)
      – Preemption, IRC, U.S. garnishment of La. sheriffs' pensions for mail fraud, CCPA limits (5th Cir.), 1126
    MARITAL STATUS DISCRIMINATION
      – Just cause, Minn. regional manager accord after arbitration ruling on firing for conference conference, husband allowed to retire (Minn. Dist. Ct.), 820
      – Retaliation, black educational manager not interviewed for promotion, husband's clients sued college, connection unknown (11th Cir.), 1401
    MARRIAGE
    MARYLAND
      – Baltimore County
        – – Age bias, older new hires pay more into pension plan, faulty premise on time value of money (4th Cir.), 854
        – – Sex bias, workers' compensation claims manager, job reclassification (4th Cir.), 18
      – Budget, governor proposal includes furloughs, RIFs, and COLA and pension match suspension, 98
      – Case Notes, 412
      – Court of Appeals, black administrative director, FMLA, race bias, and retaliation, 11th Amend. immunity (4th Cir.), 1400
      – Early retirement, state offers buyouts to eligible workers, spending cut, 1452
      – Health & Mental Hygiene Dep't, direct evidence white man's promotion denial based on race and gender (4th Cir.), 104
      – Laurel, age and disability bias, building official, return after heart attack, notice of claim mandatory (Md. Ct. Spec. App.), 760
      – Occupational Safety and Health, Wash. Metro. Area Transit Auth. cited for departures from safety rules in track worker fatalities, 971
      – Prince Georges County, Contracts Clause, furlough to close budget shortfall (4th Cir.), 822
      – St. Mary's County Mental Health Auth., failure to provide prepared corporate representative for deposition, liability for costs (E.D. Pa.), 247
      – Same-sex marriage, health benefits extended to spouses of state workers married in other states, 616
      – Transp. Auth., personal car vehicle program established in exchange for FOP bargaining rights, pact violation (Md. Ct. Spec. App.), 1282
      – Wash. Suburban Sanitary Comm'n, race bias, employer status under Md. law, subject to county bias laws (Md.), 654
    MASS TRANSIT
      – Ill., Chicago Transit Authority
        – – Bus and rail workers, layoff, no ATU pact (Arb.), 151
        – – Bus drivers, unfunded liability for pensions for public workers escalated in last decade, report, 294; governor urges lawmakers to stabilize, budget address, 295
        – – Sexual harassment, single action be hostile environment if severe, uninvited, physical, intimate bodily contact (7th Cir.), 1097
      – Ky., Paducah Area Transit Auth., retaliation, free speech, letter to board of management issues not safety (6th Cir.), 984
      – Mass. Bay Transp. Auth., transit police, national and race bias claims (1st Cir.), 14
      – N.J. Transit, OSHA orders damages, corrective action for worker fired for reporting explosion that killed contractor, 428
      – New York MTA
        – – Budget, subway customer service booths to reopen, rehire laid-off staff before public hearings on cuts (N.Y. Sup. Ct.), 746
        – – Religious bias, Muslims and Sikhs wearing turbans or khimars denied accommodation, DOJ suit (E.D.N.Y.), 1249
      – Police
      – Port Auth. of N.Y. and N.J.
        – – Helicopter pilots, FLSA exemption for professionals, entitlement to overtime pay (3d Cir.), 157
        – – Race bias, award to Asian American officers for promotion practices (S.D.N.Y.), 131
      – SW Ohio Reg'l Transit, disability bias, bus driver unable to work overtime as needed, essential function of job (6th Cir.), 977
      – UMTA, DOL certification of Colorado Springs, Colo. pact with ATU Local 19 (10th Cir.), 165
      – Wash. Metro. Area Transit Auth., Md. cites for departures from safety rules in track worker fatalities, 971
    MASSACHUSETTS
      – Boston Housing Auth., evergreen clause in pact, RIF, state law limits public sector pact terms (Mass.), 1378
      – Civil Serv. Comm'n, voluntariness of Chair resignation after connection to organized crime, due process (1st Cir.), 1402
      – E-mail, communications between school board members before open session, attorney insights, 283
      – Hiring, guidance on advising applicants of bar on getting criminal record, 1430
      – Lemuel Shattuck Hosp., communications dispatcher, race bias, only white supervisors paid for staff calls in off-duty time (1st Cir.), 946
      – Lynn, arbitrator's award ordering grant money to be applied to police pay (Mass.), 163
      – Nurses and other health care workers, bill imposes fines for assault and other violence, 847
    MATERNITY LEAVE
    MEAL BREAKS
    MEDIA
    MEDIATION
    MEDICAID
      – Cal., state contribution cuts, class of providers challenging wage cuts certified (N.D. Cal.), 781
      – Tax Extenders Act
        See LEGISLATION, FEDERAL, HR 4213
    MEDICAL CENTERS
    MEDICAL EXAMINATIONS
      – Age and disability bias, VA boiler operator, uncontrolled, diabetes, transfer after physical exam, otherwise qualified (10th Cir.), 753
      – Fitness for duty
      – Mental, humiliation, emotional distress, and physical and mental pain from harassment, USPS (E.D. Cal.), 408
      – Pre-employment medical inquiry, attorney insights, 283
    MEDICAL LEAVE
    MEDICAL RECORDS
      – Case Notes, 795
      – Privacy Act, OPM creating central databases, analyze FEHBP preexisting condition data, PPACA, 1179; groups urge complete overhaul, alarm about personal privacy risks, 1298; comment period on proposed rules extended, 1367
      – Privacy, agencies should have locked office to preserve confidentiality of data, EEOC opinion letter, 397
    MEDICARE
      – Early Retiree Reinsurance, SSA accepts applicants, reimbursement for medical claims to start, PPACA, 1063; more employers and unions accepted, 1186
    MEETINGS
    MENTAL HEALTH
      – Case Notes, 1168
      – Disability bias
        – – Reassignment of D.C. hospital housekeeping aide to maximum security pavilion (D.C. Cir.), 101
        – – Suspension and firing, FPS criminal investigator claim for impermissible questions about depression and treatment, retaliation (S.D. Cal.), 653
      – Examinations
      – Mood disorder, Wash. police officer with head injury, fitness-for-duty testing, condition causing performance to deteriorate (9th Cir.), 913
      – Same-sex domestic partners, Obama memo directs benefits for partners and children of U.S. workers under current law, 665; HRC partnership to launch educational campaign about lack of benefits, 1368
      – Targeted disabilities
        – – Federal workers, percentage steady, FY2009, less than 1% of workforce, EEOC report, 903
        – – SSA, class administrative action, preventing advancement (EEOC), 1054
      – Work-related stress, paralegal got continuation of pay before extended leave, accommodation, medical documentation (D.D.C.), 1437
      – Workers
    MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT
      – Health benefit plan sponsors, compliance checklist, Analysis and Perspective, 1472
    MERGERS, UNION
    MERIT PAY
      – Performance-based cash awards to IRS workers
        – – OPM could redact data from FOIA clearinghouse (N.D.N.Y.), 340
        – – Retention and recruitment, more data needed to evaluate effects on managers, Treasury IG report, 613
      – Supplemental Appropriations Act, 2010
        See LEGISLATION, FEDERAL, HR 4899
    MERIT SYSTEMS PROTECTION BOARD (MSPB)
      – Agencies and departments
        See specific agencies or departments
      – Appointments and personnel changes, Walsh named chair, Special Panel on Appeals, 97; Senate panel expresses strong support for Walsh, 482
      – Fraud, merits of claim for accord, whether newly discovered evidence excuses late filing (Fed. Cir.), 156
      – Labor-management forums, chair, senior management, and union promote positive relations, better serve the public, 175; agencies and unions must fund training and infrastructure while developing and measuring progress, report, 201; first meeting set, 203; agency plans for implementing forums, council members appointed, first meeting, 227; NCUA pact with NTEU signed, 262; second meeting set, deadlines emphasized, 397; 24 agency plans, permissive topics, agencies with rejected plans need to move forward, 422; agencies and unions should take opportunity to work together to solve common problems, speakers, 541; Council seeks extension on deadline for pilot project recommendations, Berry says, 547; meeting schedule issued, 551; Pope calls tool to help labor relations, 630; agencies and unions participating in pilot programs must submit plans, implementation timetable set, 697; FLRA and FMCS announce more joint training on implementation, 702; FEC and Armed Forces Retirement Home plans approved, SSA plan only agency not improved, 808; more administration cooperation needed, AFGE, 1021; NCUA, OPM, USDA, DOD, and VA, permissive bargaining topics approval, 1116; more FLRA training sessions, 1301
      – Nonprecedential final orders, interim rule allows issue discussion, interim rule, 1180
      – Open meetings, proposed rules would make more consistent with Sunshine Act, 1367
      – Prohibited practices, reexamination, earlier findings summary, 735
      – Removal from non-critical sensitive jobs for continued ineligibility, amicus briefs sought (MSPB), 121; amicus briefs sought for similar cases after accord, 176; deadline for submitting amicus briefs extended, 639; oral argument set, 1088; whether to expand jurisdiction to cover non-cricial sensitive positions (oral arg), 1113; appealability of removal for suitability reasons (oral arg), 1254; MSPB may consider appeals by federal workers in non-critical sensitive jobs (dec), 1480
      – Research activities, Policy and Evaluation office to present suggestions, public meeting, 1422
      – Web site, launch announced, 233
    MEWAs
    MICHIGAN
      – Case Notes, 1168
      – Detroit, law eliminating questions about felony convictions on job applications approved, 1185
      – Flexible work schedules, most derive from CBAs, governor's commitment critical, 1440
      – Human Servs. Dept.
        – – Organizing, home-based child care providers, employee status, applicability of union pact (Mich., rem), 1134; burden of proof, state to ignore representation election results (Mich. Ct. App.), 1167; (Mich. Ct. App., rev den), 1305
        – – Race and sex bias, class certification, no policy or practice affecting opportunities of ethnic and minority men (Mich.), 191
        – – Sex bias, continuing violation as background evidence (Mich. Ct. App.), 21
      – Roscommon County Road Comm'n, overtime, past practice, least number of hours worked, workers stayed as needed (FMCS Arb.), 1349
      – UAW, furloughs pending, no pact on health benefits, 100; pact attained, 206
      – Wayne County, retiree supplemental life insurance, premiums change from flat rate to age based, no AFSCME pact violation (Mich. Ct. App.), 1194
    MILITARY
    MILITARY LEAVE
      – FMLA, exigency leave related to active military duty, OPM proposed rules, 1361
      – NDAA, OPM proposed FMLA rules, leave administration complicated, Analysis, 25
      – USERRA
      – Wage overpayment, due process, hearing after union grievance, method for attorneys' fees reduction where success limited (7th Cir.), 1069
    MINIMUM WAGE
      – Case Notes, 191
      – Furloughs, FLSA preempts governor's authority to refuse to pay workers (Pa.), 8
      – Standing, N.Y.C. public assistance recipient worker, lottery winnings intercepted (2d Cir.), 1189
      – Training costs, Oakland, Cal. policy requiring police officers to repay, FLSA (9th Cir.), 1432
    MINNESOTA
      – Hewitt, maintenance supervisor firing for viewing pornography at work, jobless benefits (Minn. Ct. App.), 1379
      – Minneapolis-St. Paul area hospitals, NNU calls 1 day strike, staffing, patient safety, and proposed pension cuts, 673; pact ratified, strike averted, 818
      – Natural Resources Dep't, regional manager claims sex and marital status bias, accord after arbitrator's no just cause ruling (Minn. Dist. Ct.), 820
      – St. Paul, grants manager, demotion, negative reviews, warnings, retaliation for sexual harassment complaints (8th Cir.), 1001
      – State retirement benefits, COLA adjustments, retirees propose class action, current retirees' benefits vested and can not be cut (Minn. Dist. Ct.), 642
    MINORITIES
    MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES (MWBEs)
    MISCLASSIFICATION OF WORKERS
      See JOB CLASSIFICATION
      – Family and Independent Business Protection Act
        See LEGISLATION, FEDERAL, HR 5176
    MISCONDUCT
      – Alcohol abuse
      – Bar fight and weapon possession, self-incrimination, prosecutor's derivative use of police officer's statement compelled during internal investigation (Ohio), 411
      – Computer misuse, due process and free speech claims by fired N.M. finance official (10th Cir.), 216
      – Departmental rules violations, comparators' conduct not identical, failure to identify male police officers treated more favorably (11th Cir.), 922
      – Drug and alcohol abuse
      – Drunk driving, Cal. teacher's credentials suspended for 3 convictions, no per se suspension but proper factors cause same result (Cal. App. Ct.), 689
      – Egregious neglect by attorney, Navy civilian race and sex bias claims, equitable tolling of limitations period (6th Cir.), 20
      – Improper contact with female student, due process, hearing before dismissal, state action (9th Cir.), 103
      – Inappropriate contact with veteran under care, vocational rehabilitation counselor, transporting off premises, daughter as advocate after rape (Fed. Cir.), 1006
      – Insubordination, disruptive behavior, and dishonesty, Ala. housing manager failure to rebut reasons for firing or show race bias (11th Cir.), 922
      – Off-duty
      – Patient abuse, N.C. mental health workers fired for restraining patient, written agency procedure, just cause (N.C.O.A.H.), 1381
      – Pornography at work
        – – Jobless benefits, Minn. maintenance supervisor firing, lack of policy (Minn. Ct. App.), 1379
        – – SEC, Schapiro questioned on why stronger action not taken, implicated supervisor directed IG investigators not to pursue, 520; FOIA may not be used to compel disclosure of names of workers who accessed explicit web sites (D. Colo.), 1489
      – Racist comment, Pa. principal firing, immorality, persistent violation of school laws and negligent performance (Pa. Commw. Ct.), 566
      – Retaliation, reports to supervisor about co-workers selling bootlegged DVD and preferences to black workers, free speech (2d Cir.), 464
      – Romantic relationships
      – Rudeness, Air Force, previous demotion and suspension, excessive absences and leave procedures, timeliness (Fed. Cir.), 1219
      – Sex with female detainees, race and sex bias by superiors after Ill. corrections officers acquitted of improper contact (7th Cir.), 587
      – Sexual contact with student, N.J. school district not barred from investigating and disciplining tenured teacher (D.N.J.), 687
      – Sexual relations with student, Ill. school investigator conflict of interest, due process, qualified immunity (7th Cir.), 1030
      – Sick leave process, work computer for union work, assigned duties refusal, removal reasonable (Fed. Cir.), 1033
      – Sleeping on job, Pa. parking worker's comparator proof of similarly situated worker discipline, national origin bias (E.D. Pa.), 282
      – Stalking, deputy sheriff resigned in lieu of discipline, due process, promise of retirement and firearm credentials (7th Cir.), 1306
      – Substance abuse
      – Using benefits database to call police officer at home, Memphis benefits specialist firing, no business reason for accessing personal information (Tenn. Ct. App.), 381
      – Violence
      – Workplace violence
    MISSISSIPPI
      – Case Notes, 656
    MISSOURI
      – St. Louis, members of Bd. of Commissioners, liability for wrongful discharge, individual exercise of control (8th Cir.), 1439
      – Sexual orientation bias, executive order barring issued, 910
      – Valley Park, demoting and firing office clerk after consensual affair with mayor, sex bias (Mo. Ct. App.), 720
    MONITORING
    MOTHERS
    MSPB
    MULTIEMPLOYER PENSION PLANS
      – Contribution rate, N.Y. State Nurses Ass'n plan, union trustees sue, arbitration award on contribution rates violates PPA (S.D.N.Y.), 1454
    MULTIEMPLOYER PLANS
    MULTIEMPLOYER WELFARE ARRANGEMENTS (MEWAs)
      – Initial employee contributions, prorated refund for mid-month termination, and employer contributions during strike, IUOE health fund trustees challenge (N.D. Ill.), 651
    MULTIPLE SCLEROSIS
      – Standards of proof, not necessary to determine whether nurse similar, claim improperly added during trial (4th Cir.), 531
      – Substantial limit on major life activities, Minn. music teacher proof of disability (8th Cir.), 973
    MUSCULOSKELETAL DISORDERS (MSDs)
      – Sex and disability bias in promoting man, training after selection, pretext (10th Cir.), 239
      – Standards of proof, not necessary to determine whether standards of proof for VA nurse similar, claim improperly added during trial (4th Cir.), 531
    MVRA
    MWBEs

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