Labor Relations Reporter; News and Background Index

CAA

See CONGRESSIONAL ACCOUNTABILITY ACT (CAA)

CABLE AND SATELLITE SERVICES

– Case summaries, 75
– Comcast, SOX does not preempt claim by sales supervisor fired for complaining about financial practices (D. Or.), 16
– Race bias, EEOC unveils public service announcements, 151

CALIFORNIA

– Case summaries, 38; 123; 156; 209; 228; 249; 299; 367; 373; 391; 398; 459; 494
– Commissions, Fed. Arb. Act bars arbitrator from determining applicability of Cal. law granting Labor Comm'r exclusive jurisdiction (U.S.), 326
– Los Angeles, no Cal. constitutional violation in living wage law (Cal. Ct. App.), 351; workers at hotels near airport lost millions from legal actions in fight to delay implementation of living wage law, 399
– Meal and rest breaks, brew pubs owners will pay to settle suit for failure to provide (Cal. Super. Ct.), 496
– Organizing, NLRA does not preempt state law prohibiting using state funds to help or deter organizing (U.S., rev grant), 4; case among issues to be addressed in 2007-8 term, Special Report, 211; practitioners predict justices will find state law preempted, Special Report, 429
– Tip pooling, Starbucks barristas required to share tips with supervisors get restitution (Cal. Super. Ct.), 398

CALL-BACK TIME

– Case summaries, 494

CANADA

– Privacy Comm'n, public comment on use of radio frequency identification systems in workplace sought, 374
– Video surveillance, Privacy Comm'n issues guidelines requiring steps to minimize impact on privacy, 375

CANCER

– Breast, nursing director may pursue disability bias claim even though transfer to lower paying job voluntary (11th Cir.), 34
– Case summaries, 346; 441

CARD CHECKS

See RECOGNITION OF UNION

CARPENTERS (UBC)

– Case summaries, 267; 411
– Louisville Contract, most favorable nation language does not permit general contractor to hire nonunion subcontractors (Arb.), 306

CASINOS

See also HOTELS
– Foxwood Casinos, Tribal Nation files objection claiming UAW election improper where casino outside NLRB jurisdiction (NLRB), 28; certification of election by dealers should be upheld, NLRA applies to Native Am. owned casino (NLRB ALJ), 374; accord reached, casino agreed to post notices and bargain, 413

CERTIFICATES AND CERTIFICATION

– Class actions

See CLASS ACTIONS

CHANGE TO WIN (CTW)

– United Airlines, IBT campaign to represent mechanics gets support, 172

CHEMICAL INDUSTRY

– Case summaries, 291; 483
– DuPont, scientist who plead guilty to stealing trade secrets sentenced (D. Del.), 17
– Occidental Chem., retiring workers not eligible to be paid for unused vacation where unable to work required number of hours to qualify (Arb.), 191
– Pharmaceuticals

See PHARMACEUTICAL INDUSTRY

CHEMICAL WORKERS (PACE)

See PAPER, ALLIED-INDUSTRIAL, CHEMICAL, AND ENERGY EMPLOYEES (PACE)

CHILD LABOR

See also YOUTH EMPLOYMENT
– Case summaries, 39

CHURCHES

See RELIGIOUS ORGANIZATIONS

CIVIL RIGHTS ACT OF 1866

– Case summaries, 57; 415
– Retaliation, Sup. Ct. likely to rule no implied individual right to sue after recent membership changes, practitioner tells ABA, (U.S., oral arg), Special Report, 429

CIVIL RIGHTS ACT OF 1964

– Title IV

See specific form of discrimination

CIVIL RIGHTS COMMISSION, U.S.

– Appointments and personnel changes, Gaziano named member, 248

CLASS ACTIONS

– Case summaries, 37; 38; 39; 79; 196; 209; 246; 251; 367; 397; 398; 494
– Clothes changing, forms signed by poultry processing workers who opted in to suit do not include later suits (11th Cir.), 86
– Equal protection, class of one theory barred, jury award improper (U.S., rev grant), 185; case among issues to be addressed in 2007-8 term, Special Report, 211
– Implicit bias, agency interested in large suits, may use more scientific witnesses to buttress individual claims, official tells ABA, 440
– Overtime, store managers may not pursue claims for misclassification as exempt where individual issues predominate (Cal. Ct. App.), 87
– Race bias

– – Assignments and promotions, class accord on behalf of Walgreens managers approved (S.D. Ill.), 417
– – Pay and promotions, accord reached with black and Hispanic N.Y.C. Parks Dep't workers claiming bias in pay and promotions (S.D.N.Y.), 322

CLASSIFICATION OF WORKERS

See EMPLOYEE STATUS

CLOTHES CHANGING

– Carryover consent, forms signed by poultry processing workers who opted in to class action do not include later suits (11th Cir.), 86
– Case summaries, 397
– Employee Changing Room Privacy Act

See LEGISLATION, FEDERAL, HR 5228

CLOTHING INDUSTRY

See APPAREL AND GARMENT INDUSTRY

COACHES

See EDUCATIONAL INSTITUTIONS

COLLECTIVE ACTIONS

See CLASS ACTIONS

COLLECTIVE BARGAINING

– Ed. Note: This heading covers bargaining process issues. For contracts reached through negotiations, see specific union names and industries.
– Duty to bargain in good faith

See GOOD FAITH BARGAINING

– Wage hikes

See WAGES AND SALARIES

COLLEGES

See EDUCATIONAL INSTITUTIONS

COLORADO

– Preferences on basis of race and sex, ballot initiative to go before voters in Nov., would bar public employers from granting, 467
– Workers' compensation, firefighter fired after exhausting leave and unable to work due to respiratory problems may not grieve entitlement (Arb.), 358

COMMERCE DEPARTMENT

– BEA reports

See specific reports

COMMISSIONS

– Cal., whether arbitrator may determine applicability of law granting Labor Comm'r exclusive jurisdiction among issues to be addressed in 2007-8 term (U.S.), Special Report, 211; Fed. Arb. Act preempts state law (dec), 326
– Sale of business, sales rep denied bonuses when buyer did not hire has no claim, no WARN Act violation (4th Cir.), 14

COMMUNICATIONS WORKERS (CWA)

– Locals 4400 and 4401, Cincinnati Bell pact attained, 220
– NABET

See BROADCAST EMPLOYEES (NABET)

COMMUTING TIME

– Case summaries, 493

COMPENSATION

See WAGES AND SALARIES

COMPUTERS AND COMPUTER INDUSTRY

See INFORMATION NETWORKS AND TECHNOLOGY

CONFERENCES AND MEETINGS

– Ed. Note: A list of upcoming conferences and meetings appears at the end of each issue.
– AARP ADEA 4th anniversary conference, Special Report, 45
– ABA

– – Employment Rights and Responsibility Cmte. mid-winter meeting, 439; 440
– – Labor and Employment Law Section

– – – ADR in Labor and Employment, 270
– – – Annual meeting, 16
– – – Comm. on the Development of the Law under the NLRA Annual meeting, 292
– – – Nat'l Conf. on EEO Law, 418; 420; 442; Special Report, 429

– – Surviving the Brave New World of Employee Mobility teleconference, 112

– AFL-CIO Executive Council winter meeting, 315
– Center for Corporate Equality seminar, 393
– CTW midwinter meeting, 172
– EPI forum, 303
– Fed. Open Market Cmte., 42
– Int'l Ass'n of Privacy Proff'ls Privacy Summit, 424; 426
– Labor and Emp. Relations Ass'n annual meeting, 128
– UAW 2008 Legislative Conference, 222

CONFIDENTIALITY

See DISCLOSURE; PRIVACY

CONGRESS, U.S.

– Ed. Note: This heading is used for administrative actions only. For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
– Case summaries, 346

CONGRESSIONAL ACCOUNTABILITY ACT (CAA)

– Case summaries, 346

CONSENT DECREES

See also SETTLEMENTS
– Age and race bias, accord with staffing firm that denied job referrals to applicants who are black or over 40 and those retaliation against for objecting approve (N.D. Ind.), 489
– Case summaries, 31
– National origin bias, Arab Am. restaurant manager fired for standing up for waiter verbally harassed by customer gets damages, EEOC accord (N.D. Cal.), 320
– Race and sex bias, aircraft components maker to pay back pay to applicants for disproportionately eliminating black and Asian men, OFCCP accord (N.D. Tex.), 467
– Race bias

– – Assignments and promotions, class accord on behalf of Walgreens managers approved (S.D. Ill.), 417
– – Harassment, construction contractor that subjected black workers to hostile environment and retaliated for complaints to pay damages, EEOC accord (D. Mass.), 370
– – Hiring, black applicants for assistant store manager jobs get damages, EEOC accord (E.D. Wis.), 58

– Same-sex harassment, dairy worker fired after complaints about male co-workers gets damages, EEOC accord (E.D. Pa.), 321
– Sexual harassment

– – Hostile environment, provider of DHS administrative workers to pay damages, EEOC accord (W.D. Pa.), 61
– – Retaliation, credit union to pay damages for manager conduct, EEOC accord (D. Ariz.), 80

CONSTITUTIONAL RIGHTS

– Due process

See DUE PROCESS

– Equal protection

See EQUAL PROTECTION

– 5th Amend., police officer who refused to answer questions by internal affairs has no right (Arb.), 162
– First Amend.

See FIRST AMENDMENT

– Fourth Amend.

See FOURTH AMENDMENT

– Free speech

See FREEDOM OF SPEECH

CONSTRUCTION INDUSTRY

– Case summaries, 3; 37; 124; 209; 298; 339; 373; 422; 436
– N.Y. area, black and Hispanic SMART Local 638 members denied jobs get damages, partial EEOC accord (S.D.N.Y.), 181
– School infrastructure modernization, GOPs and open-shop contractors urge House panel not to add prevailing wage mandates, 300

CONSUMER PRICE INDEX (CPI)

– FY2008 funding, improvement postponed to address shortfall, 160; correction, 190
– Monthly reports, BLS data, Nov., 2007, 90; 2007, 158; Jan, 281; Feb., 376; March, 474

CONTINGENT WORKERS

– Independent contractors

See INDEPENDENT CONTRACTORS

– Staffing firms, Am. Staffing Ass'n survey, third quarter 2007, 21; 2007, 305
– Temporary agencies

See TEMPORARY AGENCIES

CONTRACT RATIFICATION

– Ed. Note: For status of talks and pact terms, see specific industry and union.

CONTRACTING OUT

See SUBCONTRACTING

CORPORATIONS

– Alter egos

See ALTER EGOS

CORRECTIONAL FACILITIES

– Case summaries, 136; 150; 183; 223; 228; 272; 367
– La., St. Tammany Parish, DOL rule requiring workers to be notified when leave counted as FMLA valid, worker prejudiced by sheriff's violation (5th Cir.), 86

COURTS

– Case summaries, 10

CPI

See CONSUMER PRICE INDEX (CPI)

CREDIT BUREAUS

See FINANCIAL INSTITUTIONS

CREDIT UNIONS

See FINANCIAL INSTITUTIONS

CRIMINAL ACTIVITIES

– Case summaries, 278; 411
– DUI, security officer at auto plant improperly suspended between arrest and hearing (Arb.), 478
– Embezzlement and drug use, DOJ supports review of Title VII coverage of worker fired after cooperating in sexual harassment investigation (U.S., rev sought), 131; DOJ advises review (rev grant), 177; case among issues to be addressed in 2007-8 term, Special Report, 211; decision likely to be reversed after review on Solicitor Gen. recommendation, Special Report, 429
– Hiring, more background checks to screen applicants causing more OFCCP and EEOC scrutiny for bias, 420
– Insider data security, nearly half of U.S. firms experienced attacks in 2007, survey, 472
– Patient Safety and Abuse Prevention Act

See LEGISLATION, FEDERAL, S 1577

– Prevailing wages, N.Y. law guaranteeing to laborers on public works contracts, making violations felonies signed, 301
– Stealing trade secrets, DuPont scientist who plead guilty sentenced (D. Del.), 17
– Theft and sale of personal data of consumers, database administrator pled guilty to selling to conspirator (M.D. Fla.), 18

CWA

See COMMUNICATIONS WORKERS (CWA)

CYBERSQUATTING

See INTERNET