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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
NAGE
– Privacy, background checks for nonsensitive contract jobs, drug treatment and references, right to investigate long-term low-risk JPL contractors (U.S., oral arg), 1196
– NTEU, partnership council pact signed, 262; Nat'l Council on Federal Labor-Management Relations approves permissive bargaining plans, 1116
– Contracting out, food services at Air Force Bases, affected workers not covered by OMB circular or not losing jobs, 935
– Hostile environment, Cuban HUD ALJ denied accommodation for disabilities, retaliation in case assignments, docket notices, and scheduling (D.D.C.), 174 – Information Technology Exchange program, DOD and private sector exchange, pilot program, 1487 – Military leave, OPM proposed FMLA rules, NDAA, leave administration complicated, Analysis, 25; qualifying exigency leave for active duty, proposed OPM rule implementing NDAA, 1361 – Naval Facilities Eng'ing Command, cancel bulk fuel storage and distribution contact (GAO), 64
– Sex bias, sexual harassment, and retaliation, NFS wildlife biologist, offensive comments about private office (D. Colo.), 1132
– Compensation, OPM delay in issuing rules to ensure no loss in pay, Berry apology, Senate hearing, 361
– Dual status, sex and national origin bias, technician forced to quit civilian job after military retirement, pension cut (8th Cir.), 1028 – P.R., civilian technicians notice of hearing right before firing, authority to order reinstatement and records correction (D.C. Cir.), 645
– Firefighters, risks must be balanced against gains when ordering defensive stance in unoccupied buildings, guidance, 911
– Family and Independent Business Protection Act
– ULPs
– Ed. Note: For enforcement actions other than general stories and weekly summaries, see relevant subject headings.
– Appointments and personnel changes, Obama renominated Craig and Pearce as members, 486 – Bargaining duty, FLRA improperly ordered bargaining with consolidated bargaining unit (D.C. Cir.), 915 – Consolidated union, FLRA approval of unit including general counsel and board staff, DOJ argument (D.C. Cir.), 91 – Immunity, certification was prima facie evidence of U.S. attorney acting in scope of job, attorney who had affair with paralegal from another firm, privilege (9th Cir.), 1461 – Progress, understaffing remains due to budget cuts and lack of key leadership in Bush administration, inability to perform to fullest despite eliminating backlog, Clark says, 540 – Unfair labor practices
– Appointments and personnel changes, Obama to nominate Beck to succeed member, 1088
– Cal., mandated higher staffing ratios, outcomes compared to Pa. and N.J., study, 525
– Cal., Minn., 1 day nursing strike, notice given to S. Cal. and Minneapolis-St. Paul hospitals, 673; strike at Univ. of Cal. campus medical centers and clinics barred (Cal. Super. Ct.), 705; preliminary injunction, Univ. of Cal strike, 779; Minn. pact ratified, strike averted, 818 – First Annual Staff Nurse Assembly, notice to employers that no pacts injurious to patients or profession considered, 580
– Accent, difficult for average listener to understand, Taiwanese faculty tenure denial (11th Cir.), 756
– Attorney-client and work product privileges, Wash. fire mechanic, privilege log, waiver (9th Cir.), 618 – Case Notes, 412; 1168 – Citizenship, lawfully admitted permanent resident in Army civilian program, e-mail and access cards reflect non-citizen status (E.D. Cal.), 856 – Contract nonrenewal, medical director of P.R. prison hospital, conflict with supervisor, insufficient evidence (1st Cir.), 1131 – Damages, post-judgment of interest rate on award to school special programs director (Wash. Ct. App.), 164 – Disparate treatment, promotions, Mass. municipal and mass transit police (1st Cir.), 14 – Dual status, National Guard technician forced to quit civilian job after military retirement, pension cut (8th Cir.), 1028 – English-only rules, fluency tests and work rules, subterfuge for national origin bias, Ishimaru urges EEOC to examine, 1382 – Ethnically motivated hostile environment by students, Conn. teacher, evidence that harassment due to ethnicity (2d Cir.), 376 – Hiring
– – Russian language teacher, Va. Beach, Va. public schools (4th Cir.), 221
– – Subjective interview to mask unlawful consideration, Native Am. Minn. firefighter applicant rejection (8th Cir.), 710 – Job qualifications, bias in firing mental health supervisor for failure to report employee sexual contact with patient (2d Cir.), 849 – Layoffs, Nigerian Houston city planner, all other African planners rehired (5th Cir.), 1218 – Limitations period, Tex. law executes federal law, definition Ledbetter Act of each paycheck as unlawful practice, professor's claim timely (Tex. Ct. App.), 472 – Positive evaluations, firing college counsel pretext for bias, evidence supervisors knew of Native Am. origin (S.D. Tex.), 650 – Promotions
– – Jurisdiction, Asian/Pacific Islander veterinarian charges, Title VII claims not transferred to Fed. Cir. with contract claims (D.C. Cir.), 850
– – N.J., civil service test, disparate impact on minorities, DOJ suit (D.N.J.), 65
– – Hiring unqualified teachers, N.Y.C. special education teacher not qualified to teach special education teachers, animus (2d Cir.), 1434
– – Reappointment as only Asian/Pacific Islander/Native Am. Hawaiian woman jurist, N.J. state court judge claim (D.N.J.), 625 – – Sufficiently adverse, non-legal duties, attorney transfer into international affairs office (D.C. Cir.), 625 – Sleeping on job, Pa. parking worker's comparator proof of similarly situated worker discipline (E.D. Pa.), 282 – Timeliness and exhaustion, associate professor of Nigerian origin's claims for promotion denial and retaliation (4th Cir.), 308
– Attacks and threats, agency employees, Public Employees for Envt'l Responsibility data, 2009, 638
– Designation, OPM proposing to update definition, jobs lacking access to classified data may be considered, 1482
– Homeland security – Security clearances
– Age and sex bias, promotion denial and performance appraisal, exhaustion in failure to consult EEO counselor (D.C. Cir.), 272
– National origin and sex bias, Texas A&M Univ., positive evaluations, firing pretext, evidence supervisors knew of Native Am. origin (S.D. Tex.), 650
– Retaliation, building services worker complaint, promotion denial, interviewers' shirts with chief mascot logo (7th Cir.), 752
See ARMED SERVICES
See TEACHERS (NEA)
– Case Notes, 1168
– Elkhorn, city workers' entitlement to attorneys' fees and interest on severance pay claims after annexation (Neb.), 955 – Omaha, city barred from hiking premiums, violations of U.S. and state constitutions charged (D. Neb.), 827
– Gross, Ill. school district duty to preserve electronic records relevant to race bias and retaliation charges, sanctions (N.D. Ill.), 791
– Hiring, violence escalation during economic crisis, trends, government responses, employer liability and policies to limit, BNA Insights, 956
– Salaried staff, Corrections Dep't deducting from earned leave when workers leave officer during business hours not pay cut (N.H.), 1404
– SEIU Local 1684, pact ratified, 749
– Age bias, exception for hiring and promotions of workers over 70, contract nonrenewal coverage (N.J.), 758
– Bernards Twnshp., due process, town administrator payment for unused sick leave at retirement (D.N.J.), 978 – Budget, measures to limit annual pay increases for teachers and other public workers to keep property taxes down among proposed legislation, 582 – Campaign contributions by unions, provisions of executive order that sought to extend invalidated (N.J. Super. Ct. App. Div.), 598 – Case Notes, 723 – Disability bias, state trooper accommodation refusal, adverse action (N.J.), 1133 – Family leave, insurance tax rate cut, 1335 – FY2011 budget, plan to use layoffs and attrition to scaling back government to balance budget, 328; task force to study which government functions should be privatized, 329 – Gloucester County, medical director denied reappointment, completion of remedial course and internship for reinstatement, due process, equal protection (D.N.J.), 1465 – Green Brook, African Am. road worker, supervisor's frequent racially offenses and slurs, DOJ accord (D.N.J.), 746 – Health benefits, new administration proposes extensive changes to public worker benefit plans, 1091 – Limitations period, continuing violations, retaliatory discharge, attorney insights, 283 – Monmouth County, public records act, newspaper and public advocate request for sexual harassment accord documents (N.J.), 189 – Public worker pensions, deferred pay hikes affect on benefits accrual, signed, 125; state lawmakers urged to pass pension reform before FY2012 budget proposal, 179; measures changing pensions and benefits to scale back size and cost signed, 368; new administration proposes extensive changes to public worker benefit plans, 1091 – Sick and vacation leave, limits on payouts conditionally vetoed, changes to strengthen demanded, 1453 – Tenure, N.J. school district not barred from investigating and disciplining tenured teacher for sexual contact with student (D.N.J.), 687 – Turnpike Auth., task force found public workers overpaid, request for proposals for N.J. Turnpike and Garden State Pkwy. authorized, 1273
– Aging and Long Term Servs., supervisor harassment, age and sex bias, firing after death threats (10th Cir.), 1247
– Albuquerque, reassignment after firing, protected speech, LMRA preempts, AFSCME Local 3022 pact governs (D.N.M.), 1341 – Carlsbad, fair representation duty, USW local duty to help black member with race bias claims, availability of punitive damages (N.M.), 860 – Dona Ana County, custodians may be asked about dating co-workers, use of sexual behavior limited in sexual harassment suit (D.N.M.), 309 – Finance Auth., protected property interest in handbook provision that director determines reasonable cause for firing (10th Cir.), 216 – Santa Fe, free speech, division director spoke with House speaker about funding at work event, official duties despite personal relationship (10th Cir.), 336 – Sexual harassment, college lab technician, repeated harassment, retaliation, limitations period, continuing violations (N.M. Ct. App.), 1377 – State workers, jobs cut, pay cut suggested, 67 – Truth or Consequences, N.M city deputy district attorney immunity from sexual harassment claim, no supervisory relationship (10th Cir.), 159
– Age bias, state law mixed-motive theory of liability (S.D.N.Y.), 190
– Child care workers, organizing and bargaining rights, bill signed, 1184 – Children & Family Servs. Office, pact violation when certification expired, no discipline, arbitrability (N.Y.), 536 – Envt'l Conservation Dep't, Comm'r dismissed, memo on negative impact of staff cuts, 1275 – FERS, in-service distributions qualify for income subtraction modification, similar exemption to federal workers, 1368 – Furloughs, governor proposes bill, state workers would take one unpaid day, 522; unions suits claim plan substantially impairs pacts in violation of Commerce Clause, TRO issued, 614; preliminary injunction barring state from compelling furloughs granted (N.D.N.Y.), 640 – Health and educational service, most residents would pay higher taxes to maintain funding, poll, 1214 – Health insurance, local governments and school districts should require larger share paid by workers and retirees, report, 1336 – Judicial pay crisis, separation of powers, legislature must act in good faith and free of other disputes (N.Y. Ct. App.), 380 – Minnewaska State Park, reorganization that assigned jobs by sex, sexual harassment by manager, union standing (N.D.N.Y.), 220 – Nassau County, Parks, Recreation, and Museums Dep't, 71 year old lifeguard captain suspension, firing for failure to pass swim test, age bias (E.D.N.Y.), 1185 – New York City
– – Budget, 11000 job cuts sought, uncertainty over amount of state funds, 552; teacher layoffs averted but wages frozen for 2 years for teachers and principals, plans would be revised if Congress does not restore Medicaid funds, 552
– – Disability bias, N.Y.C. sludge boat captain firing, lost USCG license, inability to complete random test, shy bladder, essential job function (2d Cir.), 432 – – Minimum wage, standing, public assistance recipient's lottery winnings intercepted (2d Cir.), 1189 – – Race bias, African Am. candidate for drug director job, abrasive management style, poor performance in interview (2d Cir.), 684 – – Sexual harassment, affirmative defenses available under federal or state laws no applicable to city claims (N.Y.), 597 – – Transp. Dept., bridge painters, N.Y.C. pattern-or-practice of hiring only men, sex bias (S.D.N.Y.), 682; N.Y.C. pays $1M in accord, approved, 1153 – – Workers' compensation, hearing on feasibility to provide records of claims to safety group (N.Y. App. Div.), 153 – Pensions
– – N.Y. State & Local Retirement Sys., contributions by state and local governments to increase, report, 843
– – Overtime, state and local workers increase hours in final years of service to boost rates, preliminary investigative report, 843 – Residential facilities for troubled youth, workers suffered adverse action after cooperation in race bias investigation, retaliation (2d Cir.), 272 – Retiree health benefits, expand access, improve quality, control costs, task force report, 780; state and local governments, estimated unfunded liability, report, 1211 – RIFs, state agencies must cut workforce by yearend, layoffs authorized, unions criticize, 1122 – Rockland County, bias in firing mental health supervisor for failure to report employee sexual contact with patient (2d Cir.), 849 – Sexual assault, bill making attacking registered and licensed practical nurses felony, signed, 998 – State and local pension plans, fraud investigation expanded to include salary and overtime manipulation to inflate pensions, 330 – State Nurses Ass'n, union pension plan trustees sue, arbitration award on contribution rates violates PPA (S.D.N.Y.), 1454 – State of the State, proposed public pension reform, 41 – Thruway Auth., toll division manager demoted after involvement with union elections, retaliation (2d Cir.), 464 – World Trade Center (WTC)
See TERRORISM
– Asbury Park Press, N.J. public records act, newspaper and public advocate arrest for county sexual harassment accord documents (N.J.), 189
See DIFFERENTIAL PAY
– Agency representatives, executive order, greater access by worker associations, 180
– Health and Human Servs., patient abuse, mental health workers fired for restraining patient, written agency procedure, just cause (N.C.O.A.H.), 1381 – Retirement plans, inclusion of defined contribution plans, minimum unreduced retirement age, study, 1428
– Age and disability bias, Md. city official, return after heart attack, notice of claim mandated (Md. Ct. Spec. App.), 760
– Alaska pension plan, loss of personal data on retired and current Alaska state workers, accord, 154; union criticizes, wants identity theft insurance, 298 – COBRA – Overtime, public safety exemption, Framingham, Mass. police, notice for eligibility (1st Cir.), 402 – Timeliness, Ky. school officials must get actual notice of intent to challenge firing for insubordination and unbecoming conduct (Ky.), 861
– Age bias
– – 11th Amend., patient abuse by nurse, Miss. state medical center (5th Cir.), 49
– – Travel permission, Memphis forensic nurse denied time off, FMLA leave for heart condition (6th Cir.), 435 – Case Notes, 1037 – Emergency, abuse high, more than half physically attacked in any week, study, 1214 – Mass., bill imposing fines for assault and other violence against health care workers signed, 847 – National Nursing Shortage Reform and Patient Advocacy Act – Tuition assistance, unilateral discontinuation for offspring of professional staff, ULP (PLRB), 122 – Unions
See VETERANS AFFAIRS DEPARTMENT (VA); VETERANS BENEFITS ADMINISTRATION (VBA)
– – Health care professionals' bargaining rights
– Miss., Chickasaw County, nursing assistants showed prima facie evidence of race bias in adverse actions after complaints (N.D. Miss.), 1165
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