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Subject:	Aug. 15 -- BNA, Inc. Daily Labor Report

______________________________

DAILY LABOR REPORT
Highlights & Table of Contents
August 15, 2001
______________________________

ISSN 1522-5968

Registered Web subscribers can access the full text of these
articles by using the URL link supplied.

Information about becoming a subscriber or signing up for a
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BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
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__________

HIGHLIGHTS
__________


U.S. WORK-RELATED DEATHS DECREASED 2 PERCENT IN 2000, BLS
SAYS

Fatal injuries in U.S. workplaces dropped by 2 percent from
1999 to 2000, falling from 6,023 to 5,915, according to data
released by the Bureau of Labor Statistics. The number of
deaths in 2000 is the lowest total since BLS began counting
workplace deaths nearly a decade ago.

Although the workplace fatality rate declined for most
demographic groups, it increased among Hispanic workers last
year. The figures raise concerns about training and
compliance programs, according to top officials at the Labor
Department and the AFL-CIO. . . . Page AA-1,  Text E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d4f3_

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d3h2_


D.C. CIRCUIT AGREES WITH NLRB THAT PACIFIC BELL ILLEGALLY
REFUSED TO BARGAIN

Pacific Bell committed unfair labor practices by refusing to
bargain with and provide relevant information to the
Telecommunications International Union, which was in the
process, later aborted, of merging with the Communications
Workers of America, a federal appeals court rules ("Pacific
Bell v. NLRB, "D.C. Cir., No. 00-1039, 8/10/01). The
District of Columbia Circuit finds substantial evidence
supports the National Labor Relations Board's determination
that Pacific Bell did not have a good-faith, reasonable
doubt regarding TIU's authority to represent a unit of the
company's service representatives in northern California.

Rejecting Pacific Bell's argument that it was
"understandably uncertain" as to which union was the
bargaining representative, Judge Garland finds the
memorandum of understanding between the two unions clearly
stated that TIU was solely responsible for representing the
workers at the time the company refused to bargain. Garland
also rejects the company's contention that there was a
dispute between the two unions as to which had authority to
bargain for the unit. . . . Page A-6

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c1d7_


UAW FILES NLRB PETITION FOR ELECTION AMONG 4,100 NISSAN
WORKERS

The United Auto Workers files a petition with the National
Labor Relations Board seeking an election among some 4,100
production and maintenance employees at a Nissan Motor
Manufacturing Corp. plant in Smyrna, Tenn. If the board can
get an agreement between the company and the union, an
election could be held in approximately 42 days, an NLRB
official says. If a hearing is necessary, an election could
be scheduled within 50 or 60 days of the petition's filing.

This is the fourth attempt by UAW to organize the Nissan
employees in Smyrna since production began at the plant in
1983. In 1989, the union lost an election by a vote of 1,622
to 711. In both 1997 and 2000 the union walked away from
active organizing campaigns, according to Nissan. . . . Page
A-12

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8e6m5_


WTI PROJECTS MODEST PAY GAINS IN WEAK LABOR MARKET

Reflecting sluggish demand for labor as the economic
slowdown persists, the Wage Trend Indicator points toward
modest private industry wage increases at least through the
end of this year, according to the latest WTI figures
released by BNA.

The WTI's preliminary reading for third-quarter 2001 is
100.47, down slightly from 100.50 in the second quarter and
100.71 in the first quarter (second-quarter 1976=100). "The
WTI is suggesting that wage inflation will remain just below
4 percent over the next few months," says economist Joel
Popkin, whose consulting firm developed the quarterly
measure for BNA. . . . Page D-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c8r9_


LABOR SOLICITOR REJECTS ALJ USE OF SUBPOENAS IN
WHISTLEBLOWER CASE

In an effort to adopt a uniform approach to the use of
subpoenas in administrative litigation, the acting solicitor
of labor rejects an internal holding that administrative law
judges may issue subpoenas in whistleblower cases brought
under the Energy Reorganization Act. In a staff policy
directive, Howard Radzely, acting solicitor of labor,
disagrees with a decision of the Labor Department's
Administrative Review Board holding that administrative law
judges have subpoena power under the ERA's whistleblower
provision. The board, he says, ""in dictum, "reached the
novel conclusion that administrative law judges possess the
authority to issue subpoenas under" the ERA "despite the
absence of any clear indication that Congress authorized
their use in whistleblower proceedings."

A review by the solicitor's Fair Labor Standards Division
determined that the board's conclusion "is at odds with the
principle that agencies possess subpoena authority only upon
a clear grant of such authority by Congress," the directive
says. "Because the board's reasoning is erroneous," the
Labor Department should not rely on its ""dictum" in
requesting subpoenas or responding to subpoenas in
litigation before the department's adjudicative agencies,"
the directive says. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8b0q6_


USE OF RACIAL SLUR DURING ELECTION DID NOT TAINT OUTCOME,
COURT AFFIRMS

An employee's use of a racial slur while waiting in line to
vote in a representation election did not taint the
election's outcome, the Sixth Circuit affirms, enforcing an
order by the National Labor Relations Board requiring a
Cleveland foundry to bargain with the United Auto Workers
("NLRB v. Foundry Div. of Alcon Ind. Inc., "6th Cir., No.
00-5062, 8/9/01).

The use of the slur in this case did not constitute an
appeal by UAW or by Foundry Division of Alcon Industries
Inc. to the racial prejudices of the employees, Judge Jones
finds, ruling that the employer violated the National Labor
Relations Act by refusing to bargain. . . . Page A-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8a3n1_


________________

ALSO IN THE NEWS
________________

RETAIL SALES: Retail sales were unchanged at $291.7 billion
in July as a slide in automobile sales and gasoline prices
held down the value of consumers' purchases, the Census
Bureau reports. Despite the lack of growth, analysts say the
report was slightly better than the markets had expected. .
. . Page D-4

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d1w3_

CONSTRUCTION: Workers, represented by Sheet Metal Workers
Local 17 in Boston, on strike since July 31, return to work,
following ratification of a four-year contract that provides
wage and benefit increases totaling $10.10 per hour for
about 1,500 tradesmen in the metropolitan area, the union
and the Sheet Metal and Air Conditioning Contractors
Association report. . . . Page A-2

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p7j7n0_

LABOR DEPARTMENT: Addressing concerns that her department is
too decentralized, Labor Secretary Chao announces creation
of a management review board to coordinate a departmentwide
approach to fulfill her priorities and names Patrick
Pizella, assistant secretary of labor for administration and
management, to head the board. . . . Page A-12

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d8f8_


____

TEXT
____

SAFETY & HEALTH: Data from "Report on National Census of
Fatal Occupational Injuries in 2000," released Aug. 14 by
Labor Department's Bureau of Labor Statistics. . . . Page
E-1

http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d3h2_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

SAFETY & HEALTH
   Fatal injuries in U.S. workplaces dropped by 2 percent
   from 1999 to 2000, falling from 6,023 to 5,915, the Labor
   Department's Bureau of Labor Statistics reports . . .
   Page AA-1,  Text E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d4f3_

   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d3h2_


____

NEWS
____

AUTOS
   UAW says it is filing a petition with NLRB seeking an
   election among employees at a Nissan Motor Manufacturing
   Corp. plant in Smyrna, Tenn. . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8e6m5_

COMPENSATION
   Average annual salary for professors at public colleges
   and universities in the 2000-2001 school year was
   $59,123, according to a new survey report from the
   College and University Professional Association for Human
   Resources . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8a2d0_

CONSTRUCTION
   Settlement between Associated General Contractors of
   Alaska and Carpenters and Joiners Local 1281 in Anchorage
   and Local 2247 in Juneau that would have provided $4 per
   hour more in wage and benefit fund payments over three
   years for union carpentry work south of the 63rd parallel
   is on hold . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c5w3_

   Union-represented sheet metal workers in Boston, on
   strike since July 31, return to work after ratifying a
   four-year contract with the Sheet Metal and Air
   Conditioning Contractors Association in Boston that
   provides wage and benefit increases totaling $10.10 per
   hour for about 1,500 tradesmen in the metropolitan area .
   . . Page A-2
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p7j7n0_

EMPLOYEE BENEFITS
   ERISA preempts the state law action of a deceased health
   plan participant's estate alleging that the participant's
   former employer and the plan administrator denied the
   participant health insurance benefits in bad faith,
   federal trial court rules . . . Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c7b8_

HEALTH CARE EMPLOYEES
   In two recent decisions, the Alabama Supreme Court
   upholds the validity of arbitration pacts between a
   hospital and two anesthesiologists, while the New Jersey
   Supreme Court unanimously rules that an arbitration
   clause did not prevent a doctor from suing an obstetrics
   and gynecology practice on gender bias grounds . . . Page
   A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p7d2n7_

INTERNATIONAL LABOR
   Survey finds summer breaks for executives in Britain are
   increasingly being disrupted by communications
   technologies . . . Page A-3
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p7n6p0_

LABOR DEPARTMENT
   Adhering to her pledge to address concerns that her
   department is too decentralized, Labor Secretary Chao
   announces creation of a new management review board to
   coordinate a departmentwide approach to fulfilling her
   priorities . . . Page A-12
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d8f8_

PREVAILING WAGES
   CORRECTION: An article reporting on the Aug. 13 federal
   district court order in "Building and Construction Trades
   Department, AFL-CIO v. Allbaugh", appearing at 156 DLR
   A-9, 8/14/01, inaccurately reported that all workers on
   the Wilson Bridge project must be referred through union
   hiring halls. The Wilson Bridge project agreement allows
   nonunion contractors working under the agreement to bring
   a certain "core" of nonunion workers. However, all
   contractors working under the project agreement would
   agree to recognize the signatory unions as "the sole and
   exclusive bargaining representatives" of their craft
   employees.  . . . Page A-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p7y7b0_

   Maryland transportation officials say they hope to have a
   completed and modified project labor agreement submitted
   for approval to the Federal Highway Administration by as
   early as next week . . . Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8g8n0_

REPRESENTATION ELECTIONS
   Employee's use of a racial slur while waiting in line to
   vote in a representation election did not taint the
   election's outcome, the Sixth Circuit affirms, enforcing
   an NLRB order requiring a Cleveland foundry to bargain
   with the UAW . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8a3n1_

SAFETY & HEALTH
   Bush administration is working to protect the rights of
   the mining community and to enhance mine safety, Labor
   Secretary Chao says . . . Page A-5
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c4v2_

   Department of Health and Human Services is taking steps
   to help the Labor Department determine who is entitled to
   compensation under a new program designed to assist
   disabled nuclear weapons employees and their survivors .
   . . Page A-14
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8e9h9_

   NIOSH alert on the high risk of fatal falls in the
   construction and maintenance of telecommunication towers
   includes a provision urging tower owners and
   manufacturers to install fall-protection fixtures for
   workers . . . Page A-11
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d4h8_

SOCIAL SECURITY
   Myriad effects that changes to Social Security will have
   on employer-sponsored plans and the nation's overall
   retirement plans must be carefully weighed to avoid
   disrupting such plans, the American Benefits Council says
   in written comments filed with the President's Commission
   to Strengthen Social Security . . . Page A-9
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c8f4_

TRADE
   Rep. Bereuter (R-Neb.), chairman of the House Financial
   Services Subcommittee on International Monetary Policy
   and Trade, is working to modify his proposed
   Export-Import Bank reauthorization bill (H.R. 2517) after
   running into significant opposition from the business
   community . . . Page A-8
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p7z6n4_

UNFAIR LABOR PRACTICES
   Pacific Bell committed unfair labor practices by refusing
   to bargain with and provide relevant information to the
   Telecommunications International Union, which was in the
   process, later aborted, of merging with CWA, the D.C.
   Circuit rules . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c1d7_

WHISTLEBLOWERS
   In an effort to adopt a uniform approach to the use of
   subpoenas in administrative litigation, the acting
   solicitor of labor distances himself from an internal
   holding that administrative law judges may issue
   subpoenas in whistleblower cases brought under the Energy
   Reorganization Act . . . Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8b0q6_

WORKFORCE REDUCTIONS
   Citigroup Inc., a New York-based financial company, says
   it plans to cut 3,500 jobs over the next 12 months . . .
   Page A-13
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c2v6_


_____________

ECONOMIC NEWS
_____________

COMPENSATION
   Reflecting sluggish demand for labor as the economic
   slowdown persists, the Wage Trend Indicator points toward
   modest private industry wage increases at least through
   the end of this year, according to the latest WTI figures
   released by BNA . . . Page D-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c8r9_

RETAIL SALES
   Retail sales were unchanged at $291.7 billion in July as
   a slide in automobile sales and gasoline prices held down
   the value of consumers' purchases, the Commerce
   Department's Census Bureau reports . . . Page D-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d1w3_


____

TEXT
____

SAFETY & HEALTH
   Data from report on national census of fatal occupational
   injuries in 2000 as released Aug. 14 by the Labor
   Department's Bureau of Labor Statistics . . . Page E-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8d3h2_


______________

TABLE OF CASES
______________

Estate of Coggins v. Wagner Hopkins Inc. (W.D. Wis.) . . .
Page A-10
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c7b8_

Garfinkel v. Morristown Obstetrics & Gynecology Assocs.
(N.J.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p7d2n7_

NLRB v. Foundry Div. of Alcon Ind. Inc. (6th Cir.) . . .
Page A-1
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8a3n1_

Pacific Bell v. NLRB (D.C. Cir.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p8c1d7_

Selma Medical Center Inc. v. Fontenot (Ala.) . . . Page A-4
   http://pubs.bna.com/ip/BNA/dlr.nsf/id/a0a4p7d2n7_

   __________
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