Labor Relations Reporter; News and Background Index

RACIAL DISCRIMINATION

– Apprentices, black men excluded from Ford program get damages, EEOC accord, 107
– Assignments and promotions, class accord on behalf of Walgreens managers approved (S.D. Ill.), 417
– Case summaries, 57; 198; 246; 295; 367; 367; 415; 439; 487
– Hiring

– – Black applicants for assistant store manager jobs get damages, EEOC accord (E.D. Wis.), 58
– – Disproportionately eliminating black and Asian men, aircraft components maker to pay back pay to applicants, OFCCP accord (N.D. Tex.), 467
– – Job referrals, accord with staffing firm that denied to applicants who are black or over 40 and those retaliation against for objecting approve (N.D. Ind.), 489

– Pay and promotions, accord reached with class of black and Hispanic N.Y.C. Parks Dep't workers (S.D.N.Y.), 322
– Preferential treatment, Colo. ballot initiative to go before voters in Nov., would bar public employers from granting, 467
– Race bias, EEOC unveils public service announcements, 151
– Retaliation, Sup. Ct. likely to rule no implied individual right to sue after changes in court, practitioner tells ABA, (U.S., oral arg), Special Report, 429
– Sales territories, accord with black sales representatives for assignments gets preliminary approval (E.D.N.Y.), 488
– Testing, Solicitor General invited to express opinion on whether N.Y.C. Sch. Bd. can be liable (U.S., briefs sought), 62
– Unions, members earn more and more likely to have health benefits, study, 414

RACIAL HARASSMENT

– Case summaries, 487
– Epithets and retaliation for complaints, aviation worker gets damages, EEOC accord (D. Haw.), 132
– Retaliation

– – Racial graffiti, construction contractor that subjected black workers to hostile environment and failed to remedy pays damages, EEOC accord (D. Mass.), 392
– – Refusal to sign arbitration pact, significance of not reviewing bias claim where black man unlawfully fired (11th Cir.), Analysis, 235
– – Wholesale book seller to pay damages and provide training for owner's conduct (E.D.N.Y.), 370

RAILROADS

– Amtrak, pacts attained with TCU, TWU, IAM, and IBEW pacts attained, possible strike averted, 174
– Case summaries, 176; 198; 395; 459; 459; 487

RAILWAY LABOR ACT (RLA)

– Case summaries, 315; 363; 459; 459

RAPE

See VIOLENCE

RDWSU

See RETAIL AND WHOLESALE WORKERS (RWDSU)

REAL ESTATE

– Building management

See BUILDING SERVICES

– Case summaries, 279

REASSIGNMENT

See WORK ASSIGNMENTS

RECOGNITION OF UNION

– Arbitration, recognition clause in Ill. Bell Telephone pact could trigger arbitration (U.S., rev den), Special Report, 381
– Case summaries, 51; 363; 436; 483
– Decertification

See DECERTIFICATION

– H&M stores, RDWSU Local 1102 recognized after 6 weeks of organizing, 8
– Majority status, CTW seeks NLRB rule recognizing duty to bargain with union representing minority if not represented by last majority union, 125

RECORDKEEPING

– EEOC, seeking OMB approval for extension of current rules approved but some concerned about handling Internet applications, 368
– Electronic data, lack of coherent policies leads to retention of irrelevant data that must be removed, Special Report, 141
– OFCCP, more uniform approach to pay equity, guidance on accessibility of online applications and electronic recordkeeping planned, 344
– Prevailing wages, N.Y. law addressing payroll records signed, 301
– T-1, DOL proposed rule would require unions to file annual financial reports for trusts formed for members' benefit, 340

RECREATIONAL VEHICLES (RVs)

See AUTOMOTIVE INDUSTRY

REDUCTIONS IN FORCE (RIFs)

See also LAYOFFS
– Age bias

– – Burden of proof, DOL urged to express views on whether employer required to show did not rely on reasonable factors other than age (U.S., rev grant), 178; case among issues to be addressed in 2007-8 term, Special Report, 211; justices dislike ADEA, likely to find inadequate evidence of bias regardless of who has burden, practitioners tell ABA, Special Report, 429
– – Evidence, admissibility of testimony from other RIF'd workers who reported to other supervisors addressed (U.S., oral arg), 31; case among issues to be addressed in 2007-8 term, Special Report, 211; no rule on admissibility of age-related remarks to other workers, requires context-specific inquiry (dec), 295; decision anticlimactic, little guidance on admissibility of evidence offered, practitioners tell ABA, Special Report, 429

– Case summaries, 57; 228
– Merrill Lynch, workforce cuts announced after first quarter 2008 losses, 501

REHABILITATION ACT

See also AMERICANS WITH DISABILITIES ACT (ADA); DISABLED EMPLOYEES
– Adverse action, nursing director may pursue claim even though transfer to lower paying job voluntary (11th Cir.), 34
– Case summaries, 297; 441; 491
– Causation, Ed. Dep't EEO specialist must show bias was motivating factor in firing (5th Cir.), 34
– EEOC, change in processing complaints from agency workers proposed, would change term handicap to disability in programs and activities, 276

REINSTATEMENT

– Case summaries, 112

RELEASES

See WAIVERS

RELIGIOUS DISCRIMINATION

– Case summaries, 198; 272; 439; 463
– Workplace ban, easiest way to avoid bias claims but faith-based firms must adhere to policies including no mandatory attendance at services, 439

RELIGIOUS ORGANIZATIONS

– Case summaries, 350; 438

REMEDIES

– Case summaries, 38
– Damages

See DAMAGES
– – Back pay

See BACK PAY

– – Punitive

See PUNITIVE DAMAGES

RENTALS, EQUIPMENT

See EQUIPMENT RENTALS

REPLACEMENT WORKERS

See STRIKE REPLACEMENTS

REPORTING REQUIREMENTS

See RECORDKEEPING

REPORTS

– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.

REPRESENTATION ELECTIONS

– Borg-Warner, IBT Local 317 wins runoff election against IAM Local 2001, 55
– Case summaries, 27; 75
– Expedited elections, rule allowing new consent procedure for joint petitions proposed, 294
– First Student, IBT wins representation elections for Little Rock, Ark. and Willingboro, N.J. school bus drivers, 102
– Foxwood Resort Casino, Tribal Nation files objection claiming UAW election improper where NLRB has no jurisdiction (NLRB), 28; certification of UAW should be upheld, NLRB has jurisdiction over Native Am. owned casino (NLRB ALJ), 374; accord reached, casino agreed to post notices and bargain, 413
– NLRB

– – Am. flag will be displayed where agency conducts, union calls hypocritical, 270
– – Case handling, agency came close to meeting goals implemented in last quarter of FY2007, Meisburg reports, 52

– NLRB supervision, BNA analysis, first half 2007, 101; mid-year statistics available, 127

RESIDENCY REQUIREMENTS

– Case summaries, 278

RESORTS

– Casino resorts

See CASINOS

– Hotels and motels

See HOTELS

REST BREAKS

See BREAKS, MEAL AND REST

RESTAURANTS

See FOOD SERVICES

RESTRICTIVE COVENANTS

See NONCOMPETE AGREEMENTS

RESTRUCTURING

See LAYOFFS; REDUCTIONS IN FORCE (RIFs)

RETAIL AND WHOLESALE WORKERS (RWDSU)

– Local 1102, H&M stores agree to recognize union, 8

RETAIL INDUSTRY

See also GROCERY STORES; PHARMACIES
– Case summaries, 39; 79; 110; 123; 130; 171; 183; 184; 278; 343; 387; 398
– H&M stores, RDWSU Local 1102 recognized, 8
– Home Depot, managers may not pursue overtime claims for misclassification as exempt where individual issues predominate (Cal. Ct. App.), 87
– Supermarkets

See GROCERY STORES

– Target, black applicants for assistant manager jobs get damages, EEOC accord (E.D. Wis.), 58
– Wal-Mart, disability bias

– – Accommodation, worker not entitled to reassignment to vacant equivalent job where policy required most qualified candidates (U.S., rev grant), 83
– – Hiring, EEOC accord for denying job to applicant with cerebal palsy approved (W.D. Mo.), 492

RETALIATION

See also SARBANES-OXLEY ACT (SOX); WHISTLEBLOWERS
– Age and sex bias, dean claiming demotion, loss of pay, and other adverse actions for complaints gets damages and new contract in accord (M.D. Fla.), 225
– Case summaries, 10; 75; 105; 155; 176; 184; 207; 223; 227; 228; 246; 246; 252; 272; 295; 319; 320; 325; 350; 367; 391; 438; 439; 444; 446; 463
– Racial harassment, aviation worker subjected to epithets and other harassment gets damages, EEOC accord (D. Haw.), 132
– Revised standard, EEOC official discusses Sup. Ct. case where denial of telecommuting could be basis of claim, 442
– Sexual harassment

See SEXUAL HARASSMENT

– ULP, NLRB issues guidance after decision that bringing reasonable but unsuccessful antitrust suit lawful even if retaliation for protected activity, 126

RETIREE HEALTH BENEFITS

– ADEA, EEOC issues final rule creating exemption letting plan change, cut, or end when recipient eligible for Medicare, 106; EEOC has power to issue exemption letting plans coordinate benefits (U.S., rev den), Special Report, 404
– Case summaries, 99; 196; 219; 387

RETIREMENT

See PENSIONS
– Early

See EARLY RETIREMENT

– Mandatory

See MANDATORY RETIREMENT

RFID (RADIO FREQUENCY IDENTIFICATION SYSTEMS)

See PRIVACY

RHODE ISLAND

– Case summaries, 298

RIFs (REDUCTIONS IN FORCE)

See LAYOFFS

RLA