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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
TAXATION
– Ariz., Cal., Ill., N.Y., and Fla., most residents would pay higher taxes to maintain funding, poll, 1214
– Federal – Payroll
See PAYROLL TAXES
– Retaliation, Cal. agency issuing 1099 for accord proceeds excludable from income, confidentiality of mediation (Cal. Ct. App.), 1135 – Tax delinquencies, effect on federal employment
– Colleges
– Principals
See specific unions
– Baltimore Teachers Union, pact ratified on second time, Duncan commends, 1368
– Biennial convention, top officers re-elected, per capita payment hiked, 846 – Boston Teachers' Union, state law banning public worker strikes, union meeting to discuss strike (U.S., rev den), 313 – Cincinnation, equal protection claim by white teacher for requiring same racial balance for staff of each school (S.D. Ohio), 626 – Detroit Ass'n of Educational Office Employees, Detroit Public Schools pact ratified, 490 – D.C. Public Schools
– – Educator assessment, president criticizes firings, Chancellor putting more on notice of inadequate performance, 881
– – Wash. Teachers' Union
– – – Election procedures, administratorship, monitor internal elections, 997; AFT must hold hearing before establishment (D.D.C.), 1059; administratorship in order to conduct internal elections, WTU supports, 1125; runoff election, 1305; Sanders elected president, officers installed, 1431
– – – Pact attained, 427; ratified, 672 – Teacher development and evaluation systems, AFT willing to develop, due process required, 69 – Wash. Teachers' Union, D.C. Public Schools pact attained, 427; ratified, 672
– AFL-CIO affiliation, labor solidarity pact extension, 209
– Colo. Educ. Ass'n, financing, public schools facing irreversible cuts, funding cut, ballot proposal to hike taxes, 358 – Ill., Glenbard Ed. Ass'n, Ill. school board cannot change health benefits of teachers who retired under prior pacts (Ill. App. Ct.), 473 – N.J. Education Ass'n, proposed state aid cuts disastrous, union says, 357 – Pa., W. Allegheny., arbitration ruling, early return from childbearing leave, reverse sex bias, pact provision (Pa. Commw. Ct.), 759 – S.D., Spearfish Sch. Dist., salaries for teachers hired after bargaining impasse, last offer as minimum (S.D.), 471
– Free speech, N.Y.C. teacher retaliation for using grievance procedure to challenge unruly student discipline, official capacity (2d Cir.), 213; (U.S., rev den), 1257
– Appointments and personnel changes, Keegel announces retirement, Hoffa selects Hall as secretary-treasurer, 911
– Local 79, Pasco County, Fla. government workers vote to join union, 1186 – Local 117, Wash. Corr. Dep't, sex bias, whether sex is BFOQ for women's prison housing (Wash. Ct. App.), 983
– Networks
– Labor law cases pending before Sup. Ct., 99
– Privacy and 4th Amend., Cal. police sergeant's rights to text messages read by city (U.S., amicus brief filed), 382; no privacy rights violation in reading messages, discipline based on messages (rev), 762; court reaffirmed standard practice for most employers, guidance on developing policies, BNA Insights, 1287; Court not most conservative in history, professor, ABA meeting, 1351 – Smart phones, social networking, and other innovations, labor attorneys scrambling to learn technology, consider implications, 569 – Smartphones, states urged to assess risks of letting workers use for government business, security measures, data breach, report, 461 – Workplace telephone calls, R.I. police, firefighters, and other city officials, recorded but not listened, privacy (1st Cir.), 334
– Conn., bill increasing telecommuting options for state workers signed, 748
– Diabled workers, Telework Exchange Spring Town Hall, job fair, agencies need tools and resources to make accessible, 423 – Disability bias
– – Essential functions of job, Navy technician unable to do with flexible schedule or home work (3d Cir.), 217
– – Major life activity, AWOL after car accident, medical documentation, peripheral vision loss (Fed. Cir.), 406 – Greenhouse gas pollution, Obama targets reduction by cutting employee travel and commuting, 880; sustainability plans, low-emissions vehicles, energy-efficient systems, teleconferencing and web-based meetings, 1052 – Inclement weather and other emergencies, OPM announces new dismissal and closure procedures for D.C. area, increased telework prompted, 1481 – SSA, basic data security measures to protect claimant personal data taken out of office not used, IG audit report, 740 – Telecommuter Fairness Act
– Cost savings and productivity, business case for gains needed, 1512
– Implementation, changed culture and updated technology needed to meet mandate, report, 1513
– Seasonal
See SEASONAL WORKERS
– Memphis, age bias, forensic nurse, travel permission for convention during FMLA leave for heart condition (6th Cir.), 435
– Middle Tenn. Mental Health Inst., whistleblowing, medication dispensing policy change, retaliation (Tenn. Ct. App.), 53 – Nashville & Davidson County, new trial order, African Am. workers' race bias class, disparate impact, mandamus writ, final order (6th Cir.), 784
– Travel time from remote sites on days off, limitations periods, overtime, IUOE pact (W.D. Ky.), 409
– Constructive discharge, principal right to job not position, PIP, suspension for insubordination (10th Cir.), 1000
– Continuing contract status, Minn. teacher left to teach in another district, new probationary year on return (Min. Ct. App.), 475 – Sexual contact with student, N.J. school district not barred from investigating and disciplining tenured teacher (D.N.J.), 687 – Sexual harassment
– – Official capacity, bar on substituting sheriff as defendant (4th Cir.), 239
– – Tangible job action, performance evaluations needed for tenure delayed, teacher's male supervisor's unwelcome advances (1st Cir.), 498
– World Trade Center
– – Disaster site, rescue, recovery, and cleanup workers, captive insurance fund for proposed accord (S.D.N.Y.), 369; amended settlement proposal, compensation fund, attorneys' fees cuts, 704; approved, 775; deadline for opting into accord extended, 1062; accord with Port Authority of N.Y. and N.J., Board and governors must approve, 1242; more accords approved, deadline for opting in over, 1334; most victims opt in to accord, 1398
– – Lung damage, first responders exposed to dust and debris, lowered lung function, study, 526; steep declines in lung function largely persisted, 1124 – – Medical Monitoring and Treatment program, business process center needed, GAO report, 1456
– Civil service, Cleveland requiring heavy construction operators to take, labor council argues charter violations (Ohio Ct. App.), 1468
– Drugs and alcohol – Fitness for duty
– – ADR, Tex. police officer, pact procedure, extra points on lieutenant exam (Tex. Ct. App.), 1011
– – National origin and race bias, N.J., civil service test, disparate impact on minorities, DOJ suit (D.N.J.), 65 – – Race bias, written exams to screen N.Y.C. firefighter candidates, pattern and practice of intentional bias (E.D.N.Y.), 134; remedial phase, city pays damages, fills jobs with minorities, grant retroactive seniority, develop new exam, 184; current hiring test for entry-level firefighters blocked, Title VII compliance, 939; permanent injunction bars use of applicant lists from biased test, 1241 – – Remedial order revision, white and Hispanic police officers may intervene, protectable issues in future promotions (2d Cir.), 558 – – Reverse bias
– – – Eligibility list, white firefighter claim for letting ranking expire while reviewing objections of black firefighter advocacy group (S.D.N.Y.), 651
– – – Underfilling, no proof New Haven Fire Dept. practice favored nonminorities (Conn.), 12; case may make intentional bias proof easier, ABA, 414; 2003 lieutenant promotional exam, disparate impact on black candidates (D. Conn.), 593; impact limited, applicability to private sector, Analysis and Perspective, 1409
– Arlington, FMLA, firefighter claim for leave to care for wife, failure to disclose personal bankruptcy discharged debts (5th Cir.), 1162
– Case Notes, 1168 – Dallas County, white prosecutor fired and replaced with African Am., negative reports not bias (5th Cir.), 976; another white prosecutor failed to rebut contention of firing for negative personal interactions (5th Cir.), 1188 – Ed. Agency, 1st Amend., establishment clause, policy requiring staff silence on curricular matter (5th Cir.), 955 – Elsa, city manager's good faith report of mayor's misconduct, city attorney report, acceptance of county job, implied resignation (Tex.), 1281 – Free speech, state judge who had lines expunged from censure record not prevailing party, attorneys' fees (5th Cir.), 656 – Houston
– – Free speech, SEIU Local 5 unlawfully barred from holding outdoor events to support strike (5th Cir.), 214
– – National origin bias, Nigerian city planner layoff, all other African planners rehired (5th Cir.), 1218 – – Sexual orientation and gender identity bias, executive order bans, 429 – Presidio, CBP officer's APA claim, service on city council, exhaustion not required for 1st Amend. claim (D.D.C.), 681
– Labor law cases pending before Sup. Ct., 99
– Okla., state workers ban while driving, executive order, 126 – Privacy and 4th Amend., Cal. police sergeant, rights to pager ready by city (U.S., amicus brief filed), 382; no reasonable expectation of privacy in pager issued by police department (dec), 504; no privacy rights violation in reading messages, discipline based on messages (rev), 762; court reaffirmed standard practice for most employers, guidance on developing policies, BNA Insights, 1287; Court not most conservative in history, professor, ABA meeting, 1351
– Allocations or interfund transfer requests, posting, clarification, 1333
– Appointments and personnel changes, Senate panel strongly supports FRTIB nominees, 482; confirmed, 521; Bilyeu and Kennedy sworn in, 873 – Automatic enrollment, FRTIB targeting mailings to workers getting agency contributions but not own funds, report, 199; FLRA will not comment on position, BNA Interview, 630; proposed rules implementing automatic enrollment, 741; Executive Director reports on progress implementing, 770; final rule effective for new hires as of Aug. 1, 2010, 903; Board optimistic automatic enrollment boosts participation, 994; FRTIB considers groups to target for instructional DVDs, 1363; participation rates rise despite negative returns, 1486 – Budget, FRTIB approves resolution to keep agency and plan running, staff to propose revised FY2011 budget, 1115; revised budget proposal approved, 1237 – Death benefits, changes in beneficiary designations, FRTIB final rule, 933 – Federal Employees and Uniformed Services Retirement Equity Act – Investments, increased returns at year-end, assets climb above 2008 high, FRTIB report, 89; funds fared better in Feb. and March than previous months, staff asked to clarify automatic enrollment process, 321; asset growth, record exceeded, auto enroll will shift efforts to moving to riskier investments, 481 – Model employer of 21st century, OPM 5-year strategic plan, create customer focused retirement processing system, 322 – Retired Lifecycle Funds, FRTIB Bd. proposed formula for creating constructed share price, late contributions and adjustments, 1240 – Spouses of deceased workers, account maintenance, proposed rule, 1327; final rule, 1484 – Subpoenas, proposed rules allow administrative subpoenas, delegate authority to general counsel, 97; finalized, 232 – TSP Enhancement Act, Executive Director reports on progress implementing, 770
– Criminal records, EEOC determined employers who screen must show offense substantially related to job and recent, 847
– Disparate impact, knowledge, skills, or abilities to learn quickly for hiring, EEOC letter, 910 – GINA – PDA
See specific types of discrimination
– Smoking
See SMOKING
– Case Notes, 656
– Defamation
See DEFAMATION
– Miss., age bias, sovereign immunity, 11th Amend., patient abuse by nurse (5th Cir.), 49 – Negligence
See NEGLIGENCE
See VIOLENCE
– Civilian, military, and Foreign Service pay and benefits, standardization, combat zone training and debriefing, OPM proposal cleared, 453; results-only work environment program pilot to start, 550
– Disabled employees, federal managers lack tools and education to hire and retain, stereotypes major barrier, report, 367 – FBI, programs should be redone, significant cheating abuse, DOJ OIG, 1149 – Federal Buildings Personnel Training Act – FLSA, Oakland police officers who leave within 5 years repay costs, minimum wage (9th Cir.), 1432 – SES, Grassley letters to OPM and training institutes on costs of training federal workers, 668 – Tuition assistance
– Disability bias, hospital housekeeping aide, accommodation for mental health strain (D.C. Cir.), 101
– Free speech, Mich. corrections officer fired for complaint about inmate rap music competition, retaliation (E.D. Mich.), 279 – Lateral transfer for promotion only, CBA seniority trumps disability bias, Ohio worker with monocular vision denied reassignment (Ohio Ct. App.), 688 – National origin and race bias, Conn., math teacher from India, evidence of harassment due to ethnicity (2d Cir.), 376 – National origin bias, taking attorney into international affairs office sufficiently adverse, non-legal duties retaliatory (D.C. Cir.), 528 – Retaliation, P.R. public works director secretary, testimony in ethics investigation on invitations to political fundraisers and meetings (1st Cir.), 887 – Sex bias
– – Retaliation, Cal. public defender involuntary transfer, promotion denial (S.D. Cal.), 77
– – Senior FAA official, no adverse action (D.C. Cir.), 71 – ULPs, L.A. Dist. Atty. use of transfers for Ass'n. of Deputy Dist. Attys. membership (Cal ERCOM), 1370
– Bargaining duty, Boston municipal police guarding housing projects, accord (Mass. DLR), 1060
– Discrimination
– Appointments and personnel changes, Heintzman named president after incumbent unexpectedly retired, 821
– Local 19, DOL certification of pact with Colorado Springs, Colo. pact for UMTA grant (10th Cir.), 165 – Locals 241 and 308, Chicago Transit Auth. layoff of bus and rail workers, no pact (Arb.), 151
– Continuing Extension Act
– Air
See MASS TRANSIT
– Airport screeners
– – Evaluation processes, training duties, and assuring time and resources in place, improvements needed, OIG report, 1395
– – Race bias, frequent absences, disparate treatment in discipline and promotions (11th Cir.), 1373 – – Recognition, AFGE files FLRA petition, NTEU seeks election, 199; NTEU preparing representation petition, 315; NTEU election petition filed, 324; bargaining rights possible major issue, Walsh, 347; TSA extension to respond, 364; TSA asks FLRA to delay posting election to restrict eligible employees, 452; views on bargaining rights among issues for TSA director nominee, 613; FLRA will not comment on position, BNA Interview, 630; union petitions rejected, full appeal planned (FLRA), 666; GOP members of Senate panel urge TSA nominee to ban bargaining, 697; NTEU petition for FLRA guidance on impact of representation election without bargaining rights, 877; House members urge new administrator to recognize, FLRA to review regional director opinion, 936; more administration cooperation needed, AFGE, Council concerned about stalled negotiations, 1021; union heads optimistic after Pistole meeting, 1022; bargaining rights to be granted Nov. - Dec., AFGE web chat, 1051; TSA must hold representation election (FLRA), 1346; bargaining decision in next month, Pistole, Senate hearing, 1359 – – Secondhand marijuana exposure, JFK Airport screener fired after random drug test positive for marijuana (E.D.N.Y.), 624 – Disability bias, light-duty screener forced to take disability retirement, instructor job not temporary detail (EEOC), 1407 – Sexual harassment, transportation security officer denied transfer and fired after complaint, retaliation, timeliness (11th Cir.), 1308 – Transp. Sec. Workforce Enhancement Act
– Discrimination
– DOD civilian per diem travel rates for Alaska, Hawaii, P.R., N. Mariana Islands, and other U.S. territories, release, 1451
– Fla., state sponsors of terrorism, state law barring reimbursement of employee expenses, preemption (11th Cir.), 1167 – Greenhouse gas pollution, Obama targets reduction by cutting employee travel and commuting, 880; sustainability plans, low-emissions vehicles, energy-efficient systems, teleconferencing and web-based meetings, 1052 – Per diems
See PER DIEMS
– Same-sex domestic partners, Obama memo directs benefits for partners and children of U.S. workers under current law, 665; GSA interim rule adopts OPM definition of domestic partners and families, 1298 – Travel Expense Act, Navy Oceanographic Ofc., shipboard quarters available, reimbursement for hotel expenses (Fed. Cir.), 890 – Travel voucher audit, race bias claim for retaliation after EEOC charge (11th Cir.), 242
– Appointments and personnel changes, Labo and Miller confirmed as assistant secretaries, Coolyns to be deputy undersecretary, 202
– ATF – Inspector Gen. for Tax Admin.
– – Fraud, merits of claim for fraud in accord, whether newly discovered evidence excuses late filing (Fed. Cir.), 156
– – Privacy, access to databases without authorization or official purpose, letters to USDA about co-worker investigation, sources given for charges (D.C. Cir.), 852
See SECRET SERVICE
– Advisory Cmte. on Occupational Safety and Health, Kelley appointed, 1210
– Airport screeners, AFGE files FLRA recognition petition, union seeks election, 199; preparing representation election petition, 315; NTEU files representation election petition, 324; bargaining rights possible major issue, Walsh, 347; TSA extension to respond, 364; TSA asks FLRA to delay posting election to restrict eligible employees, 452; views on bargaining rights among issues for TSA director nominee, 613; FLRA will not comment on position, BNA Interview, 630; union petitions rejected, full appeal planned (FLRA), 666; GOP members of Senate panel urge TSA nominee to ban bargaining, 697; NTEU petition for FLRA guidance on impact of representation election without bargaining rights, 877; House members urge new administrator to recognize, FLRA to review regional director opinion, 936; union heads optimistic after Pistole meeting, 1022; bargaining rights to be granted Nov. - Dec., AFGE web chat, 1051; TSA must hold representation election (FLRA), 1346; bargaining decision in next month, Pistole, Senate hearing, 1359 – Annual legislative conference, 315 – EPA, AFGE Council expresses concerns about stalled negotiations, 1021 – Federal Career Intern Program, FCIP rules violate veterans preferences (D.D.C.), 576 – Federal workforce, reports workers paid twice what private sector counterparts make disputed, web site, 994; unions and OPM dispute reports on worker pay, 1329 – NCUA, partnership council pact signed, 262
– Implied contract, former TSO claims TSA induced to retire and move by assuring pay would not be affected by retirement benefits (Fed. Cir.), 678
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