Government Employee Relations Report Index-Summary

OCCUPATIONAL SAFETY AND HEALTH

– Congress, safety and health hazards, 111th Congress, Office of Compliance FY2009 annual report, 841; AOC to report on remedial actions on safety hazards by year-end, 906; capitol buildings, safety violations despite improvements, OCR report, 1148
– Deaths

See FATALITIES

– DOD, safety inspections of all facilities, infrastructure, and equipment in current or future operations, interim rule, 1301
– Energy workers exposed to nuclear weapons

See ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT (EEOICPA)

– Federal judges and U.S. Attys., more needed after threats, DOJ IG report, 34
– Firefighters, risks must be balanced against gains when ordering defensive stance in unoccupied buildings, NIOSH guidance, 911
– Injuries and illnesses

See INJURIES AND ILLNESSES

– IRS threats and assaults, workers most targeted, guidance on requesting armed escort when contacting taxpayer, 457
– National Nursing Shortage Reform and Patient Advocacy Act

See LEGISLATION, FEDERAL, HR 2273, S 1031

– Noise levels, State Dept. manager fired for complaint during training, letter to OSC contrary to MSPB conclusion, SF-50 comments made after firing (Fed. Cir.), 716
– Nurse and Health Care Worker Protection Act

See LEGISLATION, FEDERAL, HR 2381, S 1788

– Police officer injuries and deaths, DOJ training and technical assistance initiative, cut line-of-duty incidents, 1275
– PPEs

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

– Protecting Our Workers and Ensuring Reemployment (POWER), Obama initiative making executive branch officers safer, 874; federal unions and agencies praise, 874
– Railroads

See FEDERAL RAILROAD SAFETY ACT

– State and local programs

See specific states

– Survey of Occupational Injuries and Illnesses, BLS annual report, 2008, 234
– Workplace violence, escalation during economic crisis, trends, government responses, employer liability and policies to limit, BNA Insights, 956

OCCUPATIONAL SAFETY AND HEALTH (OSH) ACT

– Protecting America's Workers Act

See LEGISLATION, FEDERAL, HR 2067

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

– Appointments and personnel changes, Advisory Cmte. on Occupational Safety and Health, new appointees announced, 1210
– Electrical hazards, fines for USPS facility in Vt. announced, work plan to enhance safe practices, 938; Penn., Philadelphia and Pittsburgh, OSHA cites for electrical hazards after complaints from APWU, 741; DOL complaint against USPS for electrical worker safety violations at all processing and distribution centers (OSHRC), 809; OSHA proposes fines, complaints consolidated, 967; Dayton, Ohio processing center cited after worker complaints, 1024; proposed fines for Portsmouth, N.H. distribution center, 1024; N.H., Portsmouth, OSHA proposes fines for electrical hazards at distribution center, 1024; Kansas City, Kan. bulk mail center cited, 1059
– Electrical, lockout/tagout, and other violations, R.I. USPS cited facility for willful violations, 579; DOL complaint against USPS for electrical worker safety violations at all processing and distribution centers (OSHRC), 809; OSHA proposes fines, complaints consolidated, 967
– Hazardous federal worksites, targeted inspection plan issued, lost time definition, other changes announced, 1423
– Hazardous substances

See HAZARDOUS SUBSTANCES

– Whistleblower complaints, interim final rules for transportation sectors and consumer products industry, 1059

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (OSHRC)

– Appointments and personnel changes, Attwood confirmed as member, 201

ODEP

See DISABILITY EMPLOYMENT POLICY OFFICE (ODEP)

OFF-DUTY CONDUCT

– Alcohol abuse

See DRUG AND ALCOHOL ABUSE

– Dating co-workers

See OFFICE ROMANCE

– Drug and alcohol abuse

See 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
– Fraternization policy, sexual orientation bias, prison nurse claim, defamatory memo after corrections officer domestic partner challenge (E.D. Cal.), 789
– Knowing association with illegal alien, CBP officer fired for marrying marriage (Fed. Cir.), 276
– Political activities, Pa. county commissioners' authority to restrict activity by sheriff, district attorney, and staff (Pa. Commw. Ct.), 1074
– Posting revealing pictures on MySpace, Ga. firefighter trainee and model firing (11th Cir.), 278
– Simulation of oral sex with mannequin, teacher photographed at adult party, fitness to teach (Mich. Ct. App.), 761
– Substance abuse

See DRUG AND ALCOHOL ABUSE

OFF-THE-CLOCK WORK

– Clothes changing

See CLOTHES CHANGING

– Pre-shift planning meetings, Ill. road workers' right to overtime for attending, AFSCME pact no bar (C.D. Ill.), 858
– Uncompensated pre-shift meeting, Ariz. detention officers and sergeants get back pay, DOL accord, 674

OFFICE OF

See specific offices

OFFICE OF WORKERS' COMPENSATION PROGRAMS (OWCP)

– Federal

See FEDERAL EMPLOYEES' COMPENSATION ACT (FECA)

OFFICE ROMANCE

– Discovery and evidence, N.M. county may ask if claimants were dating co-workers but sexual behavior limited (D.N.M.), 309
– 1st Amend., Fla. fire captain demotion for extramarital relationship with subordinate, associational protection (11th Cir.), 494
– Sex bias

– – Off-duty relationship, Mich. police sergeant suspended and fired for refusing to discuss (E.D. Mich.), 133
– – Sex as contributing factor, Mo. office clerk demoted and fired after consensual affair with mayor (Mo. Ct. app.), 720

OFPP

See FEDERAL PROCUREMENT POLICY OFFICE (OFPP)

OHIO

– Case Notes, 795
– Cincinnati, supplemental jurisdiction over state law claims, retirees challenge law on payment for health benefits (6th Cir.), 1433
– Cleveland, Municipal Constr. Eng'rs Labor Council, local charter violation, civil service testing to operate heavy machinery (Ohio Ct. App.), 1468
– Columbus, limitations in AFSCME pact, laid-off workers may bump less senior workers in other units (Ohio Ct. App.), 829
– Commerce Dep't, discipline and firing for unauthorized internet use and insubordination, race bias and free speech (S.D. Ohio), 595
– Disability bias, Dayton school clerical assistant not regarded as disabled, human resources director efforts to accommodate perfume sensitivity (Ohio Ct. App.), 655
– Hamilton County, disability bias, ADA, 11th Amend., sovereign immunity (6th Cir.), 889
– Mentor, seasonal worker misclassification, 1st Amend., anti-union animus, public concern, state law protection of public workers (6th Cir.), 1012
– Misconduct, race bias claim of NAACP official who worked for state fired for unauthorized meeting while on-call during administrative leave (S.D. Ohio), 595
– Summit County Fiscal Office, worker fired for refusal to cooperate with security investigation, age bias or retaliation (6th Cir.), 680
– SW Ohio Reg'l Transit, disability bias, bus driver unable to work overtime as needed, essential function of job (6th Cir.), 977
– Westlake, discovery of underlying affirmative defenses to hostile environment claims, privileged if related to attorney work-product (Ohio Ct. App.), 1404
– Workers' Compensation Bureau, duty to reassign worker with monocular vision, CBA seniority trumps disability bias law (Ohio Ct. App.), 688

OKLAHOMA

– Medically underserved area, OPM adds to list for FEHBP, 702
– New Cordell, animal control officer evidence that job elimination and reposting were pretext for age bias (10th Cir.), 714
– Pension and Retirement Sys., ADEA law enforcement exception, municipal police force applicant over 45 (10th Cir.), 102
– Texting while driving, state workers, executive order, 126

OLDER WORKERS

– Age bias

See AGE DISCRIMINATION; AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

OLMS

See LABOR-MANAGEMENT STANDARDS OFFICE (OLMS)

OMB

See MANAGEMENT AND BUDGET OFFICE (OMB)

OPERATING ENGINEERS (IUOE)

– Local 3, Cal. law bars union strike threatening public health or safety (Cal.), 892
– Local 150, health benefits fund trustees suit challenges start of initial employee contributions, prorated refund to workers fired mid-month, employer contributions during strike (N.D. Ill.), 651
– Local 234, Iowa law gives public workers right to collectively bargain, county worker fired for asking private employer to give road crew raise (Iowa), 794
– Locals 3, 12, 39, and 501, pact with Cal. ratified, 971
– Remote sites, limitations periods, travel from work site on day off, overtime, TVA pact (W.D. Ky.), 409

OPM

See PERSONNEL MANAGEMENT OFFICE (OPM)

OREGON

– Douglas County, clerk denied permission to be excused from same-sex couple registration, religious bias (D. Or.), 1223
– Home health care, bill expanding number of providers eligible to bargain signed, 399
– Josephine County, privatizing mental health services in retaliation for strike after pact talks broke down, ULP (Or. Ct. App.), 537
– Medford, no due process violation in denying health benefits to retirees (9th Cir.), 713
– Multnomah County, front pay under FMLA is equitable remedy, judge decides whether and how much owed (9th Cir.), 271
– Religious dress, ban while engaged as teacher, repeal signed, 462; model religious clothing policy for public schools, 1458
– Whistleblower law, expansion approved, 237

ORGANIZING

– Elections

See REPRESENTATION ELECTIONS

– Employee status, Mich. home-based child care providers, 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
– Home-based child care providers, number of states authorizing doubled, pacts growing, report, 817
– Recognition of union

See RECOGNITION OF UNIONS

– State level, innovations making easier, executive orders helping, 70
– ULPs

See UNFAIR LABOR PRACTICES (ULPs)

– Wis., bill banning using taxpayer money to hire outside firm to discourage unions signed, 583

OSC

See SPECIAL COUNSEL OFFICE (OSC)

OSH

See OCCUPATIONAL SAFETY AND HEALTH (OSH) ACT

OSH ACT

See OCCUPATIONAL SAFETY AND HEALTH (OSH) ACT

OSHA

See OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

OUTLOOK, ECONOMIC

See ECONOMIC OUTLOOK

OUTSOURCING

– Contracting out

See FEDERAL CONTRACTS AND CONTRACTORS

– DOD

See DEFENSE CONTRACTORS

OVERTIME

– AA meetings, police officer required to attend, personal benefit (E.D. Ky.), 75
– Caring for and training narcotics detection dog, Tenn. K-9 officer compensable work time (E.D. Tenn.), 924
– Compensatory time in lieu of pay

See COMPENSATORY TIME

– Employee status, Va. school security officer, no pay for coaching golf (E.D.Va.), 79
– Executive exemption, affirmative defense unavailable at pleadings, absence of detailed job description (D. Vt.), 1035
– Firefighters, federal, trade of time

See LEGISLATION, FEDERAL, HR 3243

– Law enforcement exception, Cal. policy of 40 hour workweek and 8 hour day, pay for corrections officers working longer hours (Cal. Ct. App.), 1312
– Law enforcement exemption, Ala. fire investigators, dual assignments, what functions are done majority of time (11th Cir.), 497
– Off-the-clock work

See OFF-THE-CLOCK WORK

– Past practice, Mich. road commission, least number of hours, workers who stayed as needed (FMCS Arb.), 1349
– Paying cash or compensatory time, excluding differential or premium pay, Oakland, Cal. police, accord approval (N.D. Cal.), 233
– Pensions, NYPD retiree wants credits for time on military leave (S.D.N.Y.), 843
– Premium pay

See PREMIUM PAY

– Professional exemption, helicopter pilots for regional transportation authority entitlement to pay (3d Cir.), 157
– Public safety exemption, Framingham, Mass. police, notice for eligibility (1st Cir.), 402
– Race bias

– – Minority D.C. police officers suit against police chief (D.C. Cir.), 404
– – Repeated policy violations, fired African Am. Ga. probation officer, no comparable white worker treated more favorably (11th Cir.), 649

– Remote sites, limitations periods, travel from work site on day off, TVA pact with IUOE (W.D. Ky.), 409
– Retaliation

– – Hearsay, preliminary injunction barring NYPD action against complainants, admissibility standard (2d Cir.), 1504
– – Los Angeles police officer fired after colleague's FLSA case testimony, jury award (C.D. Cal.), 1303

– Similarly situated, paramedics' collective action against Chicago based on variety of miscalculations of pay (7th Cir.), 677
– USPP, FLSA and D.C. Code apply, officers get pay or compensatory time off only for special events, highest rate prevails (FLRA), 601

OWCP

See FEDERAL EMPLOYEES' COMPENSATION ACT (FECA); WORKERS' COMPENSATION PROGRAMS OFFICE (OWCP)