Monday, March 28, 2011

The Human Resource: Labor Law News - March 28, 2011

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The Human Resource Newsletter

March 28, 2011 FindLaw.com Human Resources Newsletter

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NEW & NOTEWORTHY:

FAA CHIEF SUSPENDS DOZING AIR TRAFFIC CONTROLLER
(AP) - The nation's top aviation official says he's suspended a control tower supervisor while investigating why no controller was available to aid two planes that landed at Washington's Reagan airport earlier this week. Federal Aviation Administration Administrator Randy Babbitt said Thursday in a statement that the controller has been suspended from his operational duties. He said he was "personally outraged" that the supervisor - the lone controller on duty in the airport tower at the time - failed to meet his duties.

NYC COMPTROLLER WANTS PENSION FUND DATA ONLINE
(AP) - New York City Comptroller John Liu (loo) says he plans to make public the inner workings of one of the nation's largest public pension fund systems. The Democrat announced Monday he wants to let New Yorkers see how and where more than $113 billion in the city's five funds is being spent. Much of the plan will require the agreement of members of the boards of trustees that govern the five city pension funds. But Liu says he believes they'll readily agree to reverse a longstanding practice of confining most discussions to private sessions.

UNION EXPECTS GM TO BRING BACK LAID-OFF WORKERS
(AP) - The United Auto Workers union says General Motors Co. plans to recall the last 2,000 of its laid-off workers by this fall, clearing the way for new hiring at its U.S. plants. The Detroit News and the Detroit Free Press report that word about the jobs came Wednesday at a union meeting in Detroit that set goals for bargaining a new labor contract with automakers later this year. The three-day event wraps up Thursday. Joe Ashton, UAW vice president in charge of GM, says the union expects "full employment in September for the first time in a long time."

UNION LEADER AT AMERICAN PLAYS DOWN STRIKE CHANCES
(AP) - A union president at American Airlines says federal officials aren't likely to let flight attendants go on strike because of the weak condition of the economy and the airline. The Association of Professional Flight Attendants wants federal mediators to say that contract talks are deadlocked, triggering a 30-day "cooling-off period" that could be followed by a strike.

COURT: MAN MAULED AFTER SMOKING POT GETS WORK COMP
(AP) - The Montana Supreme Court has upheld a Workers' Compensation Court ruling that a man who was mauled while feeding the bears at a tourist attraction is eligible for workers' compensation coverage. Brock Hopkins filed a claim with the Uninsured Employers' Fund, which denied it because Hopkins had smoked marijuana before entering a bear enclosure at Great Bear Adventures near West Glacier on Nov. 2, 2007.

WIS. APPEALS COURT DOESN'T RULE OVER UNION LAW
(AP) - A Wisconsin appeals court says the state Supreme Court should decide whether a law that takes away nearly all collective bargaining rights from public workers should be allowed to take effect. A majority of the seven-member Supreme Court must agree to take it or it would remain in the appeals court. The 4th District Court of Appeals said Thursday it is appropriate for the state's highest court to take the case because it presents significant issues that are likely to end up before the Supreme Court anyhow.

APPLICATIONS FOR UNEMPLOYMENT AID DROP SLIGHTLY
(AP) - Fewer people applied for unemployment benefits last week, evidence that layoffs are slowing and employers may be stepping up hiring. The Labor Department says the number of people seeking benefits dropped 5,000 to a seasonally adjusted 382,000 in the week ended March 19, the fourth drop in the past five weeks. The four-week average, a less volatile measure, fell to 385,250, the lowest since July 2008.

MEXICAN WORKERS CLAIM FORCED LABOR IN FED. LAWSUIT
(AP) - A group of Mexican guest workers is accusing a former employer in a lawsuit filed Thursday in federal court of engaging in human trafficking and forced labor. The suit filed in Nashville claims managers with Vanderbilt Landscaping, LLC, subjected foreigners working under the nation's H-2B visa program to constant surveillance and threats. A message left late on Thursday for Vanderbilt Landscaping managers was not immediately returned.

UNION LEADER AT AMERICAN PLAYS DOWN STRIKE CHANCES
(AP) - A union president at American Airlines says federal officials aren't likely to let flight attendants go on strike because of the weak condition of the economy and the airline. The Association of Professional Flight Attendants wants federal mediators to say that contract talks are deadlocked, triggering a 30-day "cooling-off period" that could be followed by a strike. But union President Laura Glading said Thursday mediators will consider the economy and health of the airline before starting a strike countdown.

LA UNIONS REACH DEAL ON PENSION, HEALTH COSTS
(AP) - Striving to ease a budget crisis, Mayor Antonio Villaraigosa announced a watershed deal Thursday with city unions that will require civilian workers for the first time to pay part of their salary toward retiree health benefits. The tentative health care agreement with the Coalition of L.A. City Unions could generate $64 million over three years and help City Hall avoid sweeping municipal layoffs, as the mayor and City Council try to close a projected $500 million budget shortfall.

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CASE SUMMARIES:

IN THE MATTER OF MADELINE ACOSTA, 36
(NY Ct. App) - In a dispute over the scope of Correction Law Section 75, dismissal by trial court is modified and affirmed because defendant acted arbitrarily in denying application for security clearance by petitioner where it failed to comply with the requirements of the Correction Law.

FLEETBOSTON FINANCIAL CORP. V. ALT, 10-1035
(U.S. 1st Cir.) - In an employment dispute arising out of an arbitral award, summary in favor of defendant based on the recognition and entry of award by district court is affirmed because the arbitral award decided the essence of dispute.


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