Subject: Jordan Cowman- October 1, 2001 Baker & McKenzie Global Employment Law Alert
From: [email-masked]
To: [email-masked], [email-masked]
Cc: [email-masked], [email-masked]
Date: Mon, 1 Oct 2001 06:29:51 -0700 (PDT)

I am pleased to send you the October 1, 2001 web-based e-mail "Alert"
prepared by Baker & McKenzie's Global Labour, Employment & Employee Benefits
Practice Group ("GLEEB"). The Alert's purpose is to provide our clients and
friends with timely updates in a short "user friendly" fashion with
hyperlinks to articles with more detailed information on employment law
developments from around the world. The Alert is organized into six sections
- Global, Asia Pacific, Europe, Africa/Middle East, South America, and North
America. The Alert consists of short, one-paragraph "blurbs," organized by
country and region. You can quickly scan the Alert for items of particular
interest, and then click on the hyperlinks provided for each blurb for
additional information.

If you would like to be removed from my mailing list for the Baker &McKenzie
Global Employment Law Alert, please type "REMOVE" in the subject line in a
return email to me and I will take you off my email list.

Please feel free to contact me should you have any questions.

Jordan W. Cowman
  Board Certified, Labor & Employment Law
  Texas Board of Legal Specialization
Baker & McKenzie
2001 Ross Avenue, Suite 2300
Dallas, Texas 75201
214/978-3015
214/978-3099 fax
[email-masked]

This email contains the  October 1, 2001  Global Employment Law Alert!
 <http:\\www.bakernet.com\gel>

Baker & McKenzie

 <http://www.bmck.com/gel/current.asp?submitbtn=Show+Alerts&area=calert>
GLOBAL EMPLOYMENT LAW ALERT
Baker Events   Global   Asia Pacific   Europe & CIS   Africa/Middle East
South America   North America

Baker_EventsBaker Events	 top
VISIT OUR GLOBAL EMPLOYMENT LAW ALERT WEB SITE: To access our Alert program,
including current and past editions of the GEL Alert, please visit our
dedicated web site at http://www.bakernet.com/gel. Readers can search the
current GEL Alert by category, or access our complete archive search engine
to review past GEL Alerts by topic, country, region, or date. In addition,
readers can search our Knowledge Base (K-Base) for surveys, resources, and
articles by members of our Global Labour, Employment & Employee Benefits
Practice Group.  Alert Date: 10/1/01

NEW PUBLICATION SCHEDULE: Based on feedback of our readership, the GEL Alert
is now disseminated twice per month (on the 1st and 15th day of each month).
This schedule will ensure that our readership receives the most timely and
up-to-date information possible on breaking developments. Our GEL Alert also
features a new section on "Highlights," so that readers can quickly scan the
Alert for items of special interest.  Alert Date: 10/1/01

** - GEL ALERT HIGHLIGHTS: Employee Benefits: U.S. Court upholds law on
domestic partner benefits. Employment Discrimination: U.S. EEOC urges
tolerance toward Muslims and Arab-Americans in the workplace. Employment
Litigation: U.S. Court refuses to dismiss Japanese slave labour case; Ford
Motor Company avoids court supervision of lay-off plans. Immigration: U.S.
immigration policy may change in the wake of terrorist attacks. Labour
Abuses: ILO investigates alleged labour abuses in Myanmar; Starbucks subject
to worldwide protests over alleged sweatshop conditions. Legislation:
Canadian regulations on the reform of the Labour Board; Nigeria debates bill
on prohibition of child trafficking. Privacy: Hong Kong expands cyber-police
force; Study finds workers still guard telephone and e-mail privacy in the
wake of terrorist attacks; European Commission posts comments on standard
contract clauses for data transfers. Unions: South African unions attack
privitisation; Columbian workers strike General Electric.  Alert Date:
10/1/01

GlobalGlobal	 top
** - datatransfersEUROPEAN COMMISSION POSTS COMMENTS ON STANDARD CONTRACT
CLAUSES FOR DATA TRANSFERS: The European Commission recently posted comments
received on a series of proposed new contractual clauses for the transfer of
personal data to data processors located in third countries. These issues
are key to multinational employers operating in the European Union. See " EC
<http://www.europa.eu.int/> Comments."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

** - AFL-CIO CALLS FOR CANCELLATION OF IMF AND WORLD BANK MEETING: On
September 14, 2001, John J. Sweeny, President of the AFL-CIO, urged leaders
of the World Bank and International Monetary Fund to cancel or postpone the
annual meeting scheduled for Washington, D.C. at the beginning of October.
He explained the AFL-CIO would not continue planning a peaceful mass protest
for the meeting, as the organization's energies will be concentrating on
relief efforts in which unions are involved. See " Statement On
<http://www.aflcio.org/publ/press2001/pr0914.htm> September IMF/World Bank
Meeting."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

** - INTERNATIONAL TRADE SECRETARIATS CONDEMN TERRORIST ATTACK: On September
14, 2001, the International Trade Secretariats released several statements
expressing solidarity with U.S. workers concerning the terrorist attack on
the United States. The International Trade Secretariats are some of the
oldest trade union bodies in the world that unite workers by sectors of the
economy. See " Secretariats
<http://www.labourstart.org/its_statements.shtml> Statements."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

** - myanmarILO HIGH LEVEL TEAM DEPARTS FOR MYANMAR: On September 19, 2001,
the International Labour Organisation (ILO) announced that a High Level Team
departed Bangkok for Myanmar where it will spend three weeks investigating
actions by the Myanmar Government concerning forced labour. This is the
first time the ILO has had the opportunity to make its own direct assessment
of the forced labour situation in Myanmar. See " ILO
<http://www.ilo.org/public/english/bureau/inf/pr/2001/29.htm> Assesses
Forced Labour."  <mailto:[email-masked]>
[email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

** - EMPLOYERS SEEK CREATIVE SOLUTIONS TO AVOID LAY-OFFS: With the slow down
in the global economy, many employers are facing the prospect of laying-off
human capital. Some employers are engaging in creative efforts to avoid mass
dismissals, including innovative cost reductions, across-the-board pay
decreases in exchange for stock options, and shorter work weeks. See "
Creative
<http://www.bsr.org/resourcecenter/news/news_output_home.asp?from=h&topicid=
794> Solutions."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

** - LATIN AMERICAN AND CARIBBEAN ENERGY UNIONS OPPOSE PRIVATISATIONS:
Leaders from energy worker unions in Latin America and the Caribbean
convened at a recent Conference, and called for an immediate halt to
privatisations and the adoption of policies to counter poverty,
unemployment, and mass exclusion. See " Energy Unions
<http://www.icem.org/update/upd2001/upd01-64.html> Oppose Privatisation."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

** - starbucksSTARBUCKS SUBJECT TO WORLDWIDE PROTESTS: On September 17,
2001, environmental and social activists began staging protests at Starbucks
coffee shops across the world in celebration of a "Frankenbuck$" Global Week
of Action. The protests are part of an ongoing international campaign
against Starbucks by a conglomeration of labour, consumer, environmental,
and social activists. The most vocal group in this series of protests are
consumers, who have criticized Starbucks for its use of genetically
engineered ingredients in food and Starbucks' alleged use of sweatshop
labour coffee suppliers. See " Organic
<http://news.excite.com/news/pr/010917/wa-organic-consumers> Consumers
Protest Starbucks."  <mailto:gerald.l.maatman@bakernetcom>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

** - EUROPEAN PRIVACY GROUPS LOBBY EUROPEAN UNION MINISTERS ON PRIVACY
ISSUES: Seven European privacy and civil liberties groups have started
lobbying European Union ministers to consider all varieties of privacy
issues before hastening through anti-terrorist legislation that the groups
claim could endanger the rights of individual Internet users. The privacy
and civil liberties groups from Austria, Denmark, Germany, the Netherlands,
and the United Kingdom are requesting European leaders to refrain from new
and extended communications interception and lawful access powers for police
forces and intelligence services. In whatever form any new proposals are
enacted, business groups and multinational employers are sure to be
impacted. See " Privacy  <http://www.newsbytescom/news/01/170377.html>
Concerns."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

** - COMMONWEALTH TRADE UNION EXTENDS SYMPATHY TO FALLEN COMRADES: On
September 17, 2001, the Commonwealth Trade Union Council (CTUC) expressed
its condolences to those who lost friends and families in the terrorist
attacks on New York City and Washington, D.C. The CTUC spoke on behalf of
its many members that do not have access to the internet, and pledged
support to those efforts to make the world a more secure place for peace.
The CTUC is an umbrella organization made up of hundreds of unions,
representing over 30 million union members worldwide. See " Commonwealth
<http://www.commonwealthtuc.org/cgi-bin/db.cgi?db=default&uid=default&ID=38&
view_records=1> Trade Unionists' Message To AFL-CIO."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

** - MEMBERS OF PSI AFFILIATES MISSING AT WTC TRAGEDY: Hundreds of members
of Public Services International (PSI) affiliated unions are reported to be
amongst those missing and presumed dead at the site of the World Trade
Center and Pentagon tragedies that occurred on September 11, 2001. The PSI
stated that a large number of emergency workers, building maintenance
workers, as well as teachers, accountants, and federal government employees
are still unaccounted for after the terrorist attacks. PSI, one of the
world's largest union organizations, has established an international
disaster fund for those families affected by the attacks. See " Members
<http://www.world-psi.org/psi.nsf/07545e68a11263c0c1256873002db34e/0e1fc7f99
bafcca4c1256ac600287762?OpenDocument> Of PSI Affiliates Hurt In Terrorist
Attacks."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

** - japaneseU.S. JUDGE DISMISSES SLAVE LABOUR CASES: On September 19, 2001,
a federal judge in the United States ruled that thousands of former
Filipino, Chinese, and Korean prisoners of war who claim that they were used
as slave labour by Japanese companies during World War II may not sue for
damages in U.S. courts. U.S. District Court Judge Vaughn Walker ruled that
the Treaty of Peace signed by the United States and a multitude of other
nations bars so-called slave labourers from seeking damages from Japanese
companies for work that may have been tantamount to slave labour. The court
decided that allowing the suits to carry on would "unsettle half a century
of diplomacy." The judge ruled a year ago that Americans were barred from
similar suits. See " Judge
<http://dailynews.yahoo.com/h/nm/20010920/od/slavelabor_dc_2.html> Dismisses
11 Slave Labour Cases."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

** - WITH AVIATION IN CRISIS, GLOBAL UNION ASSERTS THAT ONLY JOINT ACTION
CAN SAVE IT NOW: On September 19, 2001, the International Transport Workers
Federation (ITF) called for an unprecedented level of global cooperation to
build a worldwide air security system and head off and industry-wide crisis.
The statement stresses the need to work together and the importance of state
aid. See " Aviation  <http://www.itf.org.uk/media/releases/190901.htm>
Crisis."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

** - DAY OF ACTION TO GO AHEAD FOR GLOBAL UNIONS: The International
Confederation of Free Trade Unions (ICFTU) recently announced that
preparations would continue for the global union's Day of Action scheduled
for November 9, 2001. November 9 marks the date that unions and their
members will be calling for a new globalisation at workplaces throughout the
world. See " Global
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213349>
Unions Days Of Action."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

** - INTERNATIONAL TRANSPORT UNION ARGUES THAT MARKET FORCES DO NOT PROVIDE
FOR SAFE SKIES: On September 25, 2001, representatives of the International
Transport Workers Federation (ITF) told the General Assembly of the
International Civil Aviation Organisation that market forces have failed to
provide "safe skies," an argument long made by industry officials. The ITF
stated that the refrain from industry officials that the "least cost safe
option" of having market forces provide for transportation safety has
failed, and that the industry must now work with unions to develop new
methods of dealing with terrorism. The ITF has pledged the support of its
600,000 worldwide airline workers to help achieve a fundamental reform of
safety and security standards. See " ITF Statement On
<http://www.itf.org.uk/media/releases/250901.htm> Ending Air Terrorism."
<mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

** - INTERNATIONAL UNION PROTESTS AGAINST EU PORT REFORM PLANS: On September
25, 2001, port workers across Europe staged work stoppages to protest
against proposed port reforms. The International Transport Workers
Federation (ITF) has warned that measures in the proposed reform plans would
"encourage shippers to demand lower tariffs and prices via unsafe working
conditions, relaxed safety standards and the use of untrained personnel -
leading to the creation of dangerous and sub-standard ports." The ITF has
joined together with the UK Government, the Federation of European Private
Port Operators, and the European Sea Port Organisation in opposing the
reform plans. See " ITF Statement On
<http://www.itforg.uk/media/releases/240901_2.htm> Europe's Docks."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

** - DIRECTOR GENERAL OF THE WTO ADDRESSES ILO/ACTRAV SYMPOSIUM: On
September 26, 2001, Mike Moore, WTO Director General, addressed an
ILO/ACTRAV Symposium on strengthening worker participation in the United
Nations System and the Bretton Woods Institutions. Trade unionists put
special emphasis on making the WTO more responsive to the needs and demands
of workers on issues such as labour standards, development, the future of
health and education services, and the fight against AIDS. See " ITO/ACTRAV
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213355>
Symposium."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

** - MILESTONE IN CAMPAIGN AGAINST WORST FORMS OF CHILD LABOUR: On September
26, 2001, the International Labour Organisation (ILO) announced Estonia as
the most recent member state to ratify its Convention on the Worst Forms of
Child Labour. The treaty has been ratified by 100 members out of a possible
175, confirming that the world is moving at a record pace to ratify this
international convention calling for immediate action to outlaw the worst
forms of child labour. See " Convention
<http://ilolex.ilo.ch:1567/scripts/convde.pl?query=C182&query0=182&submit=Di
splay> On The Worst Forms Of Child Labour" and " Milestone
<http://www.ilo.org/public/english/bureau/inf/pr/2001/31.htm> in Campaign."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

Asia_PacificAsia Pacific	 top
AU - PROTESTS AS ANSETT AIRLINE FAILS: Thousands of angry airline workers
recently held protests after the collapse of Ansett, Australia's second
largest carrier. Administrators for the airline spent two days trying to put
together an emergency rescue package; however, the airline's huge debts and
labour costs meant it had to be shut down immediately. See " Airline
<http://news.bbc.co.uk/hi/english/business/newsid_1544000/1544692.stm> Falls
Into Bankruptcy."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

AU - STUDY SUGGESTS AUSTRALIAN COMPANIES NOT READY FOR PRIVACY: A recent
study suggests that one-third of large Australian companies have not even
begun to address their privacy readiness. As a new federal privacy law comes
into effect on December 21, 2001, employers need to adopt privacy policies
to avoid liability issues. See " Privacy In Australian
<http://www.newsbytes.com/news/01/170195.html> Workplaces."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

AU - A DECADE OF LOW-PAYING JOBS: A recent study of workplace changes has
revealed that Australia's entire net job growth for employees in the decade
of the 1990's has been jobs paying less than AU$700 a week. See " Low-Paid
<http://www.theage.com.au/news/national/2001/09/19/FFXIJW6LQRC.html> Jobs."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

AU - REFUGEES REFUSE TO DEBARK IN NAURU: On September 21, 2001, more than
200 Iraqi and Palestinian refugees refused to go ashore on Nauru, as they
are still determined to migrate to Australia. Australian Prime Minister John
Howard turned away the boat as part of a crack down on people-smuggling
rings that transport asylum seekers to Australia each year. See " Refugees
<http://news.findlaw.com/ap_stories/i/1106/9-21-2001/20010921024958030html>
Seek Asylum In Australia."  <mailto:michael.nightingale@bakernetcom>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

AU - POLICE UNHAPPY WITH THEIR UNIONS: A recent survey concluded that 99% of
New South Wales police officers are dissatisfied with the performance of
their union. Most officers believe their organisation is inappropriately
aligned to police administration and the State Government. See " Police
<http://www.smh.com.au/news/0109/23/national/national3.html> Unhappy With
Unions."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

CN - cyberpoliceHONG KONG EXPANDS CYBER-POLICE FORCE: The Hong Kong police
force has more than doubled the number of officers dedicated to technology
and computer-related crimes. Hong Kong's Commercial Crime Bureau recently
set up a new Technology Crime Division led by Senior Superintendent Ng
Kam-wing. This development should be welcome news to employers wary of
cyber-assaults. See " Cyber-Crime
<http://www.newsbytes.com/news/01/170254.html> Stoppers."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date: 10/1/01

IN - NO PRIVITASATION OF COAL INDUSTRY: On September 25, 2001, the Indian
Government ruled out privatisation of nationalised coal mines and announced
a series of measures to reform the industry. The government also sought to
assure workers that amendments to the Coal Mines Nationalisation Act
currently under consideration would not lead to privatisation of mines. See
" Coal  <http://economictimes.indiatimes.com/today/25infr04.htm> Industry
Workers."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

IN - CALL CENTER INDUSTRY EXPANSION: On September 25, 2001 India-based Cara
Consultants announced that it entered into an alliance with U.S.-based
certification agency, STI-Knowledge, to start an internationally recognized
customer contact training and certification programme. The company hopes to
add value to the fast-growing call center and helpdesk industry in India
with the new alliance. Cara-STI Knowledge will provide training and
certification to customer contract workers with a view to creating a new
generation of trained and certified professionals.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]  Alert
Date: 10/1/01

JP - JUDGE REFUSES TO DISMISS JAPANESE SLAVE LABOUR CASE: On September 18,
2001, a California state court judge refused to dismiss a lawsuit against a
Japanese company brought by a man who alleged he was forced into slave
labour during World War II. In attempting to dismiss the lawsuit, the
defendants asserted that the Japanese Government made accords to deal with
the slave labour claims, but the judge rejected this argument, stating that
"no prior decision of any branch has approved of the defendant's actions,"
and no treaty ratified by the U.S. addressed the claims of the plaintiff.
There are currently over two dozen cases alleging wartime slave labour in
U.S. state courts, leading many to speculate that this decision may spur
Japanese companies to settle these lawsuits. See " Judge
<http://dailynews.yahoo.com/h/nm/20010918/od/slavelabor_dc_1.html> Won't
Dismiss Slave Labor Case."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

NZ - UNIONS WARNED ABOUT ANSETT COLLAPSE: On September 16, 2001,
recriminations over the Ansett collapse intensified as New Zealand Prime
Minister Helen Clark said union boycotts in Australia threatened the
survival of Air New Zealand. See " Air New
<http://www.smh.com.au/news/0109/17/national/national14.html> Zealand
Survival Unsure."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

TH - THAILAND TO LAUNCH DRIVE TO REGISTER MIGRANT LABOUR: On September 24,
2001, Thailand's Government launched a campaign to register approximately 2
million illegal immigrants in an attempt to slow the tide of workers from
Laos, Cambodia, and Myanmar. Employers predict the programme will fail
because more time is needed for authorities to register so many people. See
" Migrant  <http://sg.news.yahoo.com/010923/3/1id4u.html> Workers To
Register."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

VN - JOB CUT IS LARGEST BY A FOREIGN INVESTOR: The US$199 million company,
Fujitsu Computer Product of Vietnam (FCV), recently announced it would cut
500 Dong Nai province jobs as part of a worldwide staff reduction. The
company was formerly glorified as the country's largest foreign-invested
high-tech firm. See " FCV  <http://www.bmck.com/gel/articles/Vietnam-Largest
Job Cut by Foreign Investors.doc> Cuts Jobs."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

VN - VIETNAM RATIFIES UN PROTOCOLS ON CHILD RIGHTS: On September 11, 2001,
Vietnam ratified two optional protocols of the U.N. Convention on the Rights
of the Child, which attempt to stop various forms of child labour including
the sale of children, child prostitution, child pornography, and the
involvement of children in armed conflicts. Vietnamese Cabinet Minister Tran
Thi Thanh said that the ratification is a reflection of Vietnam's efforts to
"promote child protection and care in the country as well as its
determination to implement the UN Convention on the Rights of the Child.
Minister Thanh also stated that Vietnam will revise its current laws to
implement the protocols. See " Vietnam
<http://www.vietnamembassy-usa.org/news/newsitem.php3?datestamp=200109111903
47> Ratifies UN Protocols On The Rights Of The Child."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

Europe___CISEurope & CIS	 top
BE - 10,000 JOIN PREACEFUL UNION PROTEST IN FAVOUR OF SOCIAL EUROPE: More
than 10,000 trade unionists and anti-globalisation activists recently
rallied ahead of a meeting of European Union (EU) finance ministers, calling
for a more "social Europe." The European Trade Union Confederation called on
the EU Finance Council to express their demands to protect European social
model and public services, and to fight against financial speculation. See "
Peaceful  <http://www.annanova.com/business/story/am_404768.html> Protest."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

BE - SABENA SETS DEADLINE FOR UNION DEAL: On September 24, 2001, Belgian
airline Sabena announced it would ask workers to vote on its recovery plan
if unions did not accept the plan within 24 hours. Sabena's CEO offered the
ultimatum after talks to reach a compromise on saving the airline failed to
make headway. See " Sabena
<http://dailynews.yahoo.com/h/ap/20010925/bs/belgium_sabena_2.html> Sets
Deadline."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

DE - DEUTSCHE BA PILOTS THREATEN STRIKE: A representative from the pilots at
British Airways PLC's German carrier Deutsche BA recently announced the
pilots are threatening to strike in pursuit of wage claims. The union is
demanding wage increases at least in line with inflation, plus holiday
bonuses and premiums for pilots with long service in the company. See "
Pilots  <http://www.ananova.com/business/story/sm_391781.html> Threaten
Strike."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

DE - SHAREHOLDERS IN NAZI POISON GAS MAKER BLOCK DISSOLUTION TO PAY SLAVE
LABOURERS: On September 18, 2001, shareholders of a German chemical company
that manufactured poison gas for use in Nazi death camps stopped attempts to
dissolve the company to make payments for World War II slave labourers. The
board of IG Farben refused to admit a motion that would have sold the assets
with an estimated worth of US$10 million to pay for claims by former slave
labourers. IG Farber has been attempting to settle a number of lawsuits
involving these claims, but it has refused to contribute to a US$4.6 billion
national compensation fund. See " Shareholders
<http://news.excite.ca/news/ap/010917/20/int-germany-nazi-poison-gas> In
Nazi Poison Gas Maker Refuse To Dissolve Firm To Compensate Slave
Labourers."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

DE - NOTICE OF TERMINATION VIA E-MAIL IS VOID: The Labour Court of Frankfurt
ruled recently that a notice of termination that was sent to the employee
via e-mail is null and void, even if the signature of the employer was
scanned into it. German statutory law provides that notice of termination
must be given in writing, i.e., it must be signed in the original. See "
E-mail  <http://www.wdr.de/tv/recht/rechtneu/rn9901/rl02253.htm> Notice."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

DE - THREAT OF SICK LEAVE JUSTIFIES TERMINATION FOR CAUSE: The Labour Court
of Cologne recently ruled that an employee gives reason for a termination
for cause if he threatens the employer that he will go on sick leave even
though he is not ill. During a dispute with his superior, the employee in
the case at issue announced that he would go on sick leave for at least
three months. The following day he submitted a medical certificate, stating
he had a tumor on his hand. The tumor, however, would not necessarily have
kept the employee from working. The court therefore held that the employee's
behaviour was clearly an attempt to "punish" the employer and that it
therefore would justify a termination for cause. See " Threat Of
<http://www.wdr.de/tv/recht/rechtneu/rn9901/rl02290.htm> Sick Leave."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

DE - LONG-TERM ILLNESS JUSTIFIES CONSTRUCTIVE DISMISSAL: Under German law,
an employee who is on long-term sick leave must accept a constructive
dismissal, even if this implies a reduction of his or her salary. Due to eye
problems, the employee could not work as driver any more and was on sick
leave for more than one year. Therefore, the employer gave constructive
dismissal to him and assigned him a new job as warehouseman, where the
employee was paid less salary then before. The Labour Court of Frankfurt
ruled that the employee had to accept the new job even though his new salary
was lower than his previous salary. See " Constructive
<http://focus.de/E/EG/EGA/EGAA/egaa.htm?sernr=1816&zu2=0008&res=job>
Dismissal."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

DE - EMPLOYER CANNOT CONTEST LABOUR AUTHORITY'S DECISION REGARDING DISABLITY
STATUS: The District Social Court in Rhineland-Palatine recently ruled that
an employer cannot contest a decision of the labour authority approving the
disability status of an employee. Even though the employee is given special
rights by such a decision, such as extended vacation claims and special
termination protection, the employer must not contest the decision if it
feels it was wrong. According to the District Social Court, the applicable
disability law is meant to protect employees only but does not give any
rights to the employer. See " Disability
<http://focus.de/E/EG/EGA/EGAA/egaahtm?sernr=1826&zu2=0009&res=job> Status."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

DE - SHOP AGREEMENTS DO NOT ALLWAYS SUPERSEDE EXPIRED COLLECTIVE BARGAINING
AGREEMENTS: The German Federal Labour Court recently ruled on that in case
of a transfer of business, shop agreements applicable to the buyer's company
do not necessarily supersede other collective regulations applicable to the
employees of the acquired company. In the respective case, the buyer
acquired a company that was previously bound by a collective bargaining
agreement that provided for annual extra payments. The buyer was not a
member of the respective employers' association and therefore not bound by
the respective collective bargaining agreement. The court ruled, however,
the provisions of the collective bargaining agreement became part of the
individual employment contracts of the employees in accordance with the
German Civil Code. Since the acquired company was located in another city
than the buyer's company, provisions of the collective bargaining agreement
were also not superseded by shop agreements applicable to the buyer's
company. According to the Court, these shop agreements are applicable only
to the employees of the respective plant location but not to the employee of
the acquired company. See " Transfer  <http://bundesarbeitsgericht.de/> of
Business."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

FR - ALARMING INCREASE IN UNEMPLOYMENT IN FRANCE: Although the unemployment
rate in France increased nearly 1.9% in July of 2001, the French Government
recently indicated that it remains confident of the future and that
"evolution perspectives for 2002 remain positive." "Growth should be higher
than it is now," indicates the French Employment Ministry. These statistics
are an indication that the non-stop increase in unemployment since May of
2001 requires a "reinforced mobilization of everybody." Indeed, as noted by
the Ministry of Employment, France is affected by "the slow-down of economic
activity," even if it is "less affected than its European partners."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

FR - MANY DEAD AND INJURED IN FRENCH CHEMICAL DISASTER: On September 21,
2001, a fertiliser plan in Toulouse, France exploded, killing 15 people and
injuring 200 people, 80 of whom are in very serious condition. Workers at
the plant are from two chemical unions and are anxiously waiting to learn
more information about the disaster. See " French Chemical
<http://www.icem.org/update/upd2001/upd01-67.html> Disaster."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

FR - TRADE UNIONS TO SUE FRENCH EMPLOYERS OVER CHEMICAL PLANT EXPLOSION: On
September 24, 2001, representatives of the International Federation of
Chemical, Energy, Mine, and General Workers' Unions (ICEM) said they were
going to bring a civil suit against French employers involved in an
explosion at a chemical plant that left 29 dead and thousands injured. The
unions have criticized the French company AZF for alleged negligence and
poor safety standards. ICEM is calling for a full investigation of the
incident to see if it was the result of a "widespread policy of cutting
costs" in the chemical industry. See " French Unions
<http://www.icem.org/update/upd2001/mupd01-68.html> Threaten Court Case Over
Chemical Disaster."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

HU - HUNGARIAN EMPLOYMENT AT TEN YEAR LOW: On September 20, 2001, the
Hungarian Employment Office reported that approximately 335,000 people were
registered as unemployed at the end of August of 2001. The August
unemployment figures are 18,000 lower than the same figures in July of 2001,
and the lowest reported since 1991. The Hungarian Employment Office reported
that figures showed that Budapest had a 2.4% unemployment rate in August of
2001. See " Jobless
<http://www.budapestsun.com/full_story.asp?ArticleId={0F6AAFF8E8354E5D90BD56
63E5F95BDA}&From=Business> Figure At 10-Year Low."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

IE - IBEC SAYS FOCUS MUST BE ON COMPETITIVENESS: The Irish Business and
Employers Confederation (IBEC) recently stated that the business impact of
the atrocities in the U.S. will be very severe in Ireland. The IBEC stated
that the focus in Ireland should be on sustaining competitiveness. Labour
costs have grown faster in Ireland than in other countries and in the
current economic state, this means lost markets and lost jobs. See " IBEC
<http://www.ibec.ie/IBEC/press/PressPublicationsdoclib3.nsf/InternetSearch/F
F6E6D2D8DB3FA1C80256AD10032E3A5?OpenDocument> Says Ireland Must Be
Competitive."  <mailto:[email-masked]>
[email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

IT - ALLEGED HUMAN RIGHTS VIOLATIONS REQUIRE A PUBLIC COMMISSION OF INQUIRY:
Amnesty International recently renewed its call for the establishment of an
independent and comprehensive commission of inquiry into allegations of
human rights violations during the G-8 meeting in Italy relative to police
operations and the conduct of law enforcement and prison officers in
quelling labour unrest. See " AI
<http://www.web.amnesty.org/web/news.nsf/WebAll/1E5FF56313D4D7DF80256ACB0056
5D8C?OpenDocument> Calls For Investigation."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

IT - POSTING OF EMPLOYEES THROUGHOUT EUROPEAN UNION MAY GIVE RISE TO
PROBLEMS: Varying regulations and decrees affecting employment relationships
in Italy have drawn attention to the problems involved in transferring or
"posting" employees to other European Union Member States. The different
employer obligations for social security and tax payments throughout the EU
as well as the practice of "social dumping" has led many in Italy to call
for the harmonization of these regulations. See " Italian
<http://www.bmck.com/gel/articles/Italy - Employer Issues Re Posting in
EU.doc> Employer Issues Regarding Posting Throughout The European Union."
<mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

NO - NORWEIGAN OIL WORKERS BACK AMERICAN WORKERS' RIGHT TO ORGANISE:
Transocean Sedco Forex has recently walked out over a recent threat by
America's Offshore Marine Service Association (OMSA) to boycott Norway's
ports. OMSA is a group of U.S. companies that contract out shipping and
other services to the offshore gas and oil industry. The boycott could
result from the refusal to follow U.S. customs with respect to organised
labor. See " Right  <http://www.icem.org/update/upd2001/upd01-65.html> To
Organise."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

UK - PUBLIC SECTOR WORKERS ATTACK CAPITAL'S PRICES: Firefighters, nurses,
and teachers have recently attacked the low wages and high cost of housing
they claim is forcing them to leave London. Workers argue that high priced
housing is being built in the area and they simply cannot afford to live
there anymore. See " Workers Underpaid,
<http://www.ananova.com/news/story/sm_403518.html> Housing Overpriced."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

UK - LABOUR WOULD LOSE ONE QUARTER OF VOTERS OVER PRIVATISATION: A recent
voter poll in the United Kingdom concluded that one in four Labour voters
would desert the party if Prime Minister Blair proceeds with
part-privatisation in schools and hospitals. The poll revealed the issue is
now among the top six concerns of the electorate and working people. See "
Voters Concerned  <http://www.ananova.com/news/story/sm_394184.html> With
Privatisation."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

UK - UNIONS CALL ON GOVERNMENT TO SAVE UK AIRLINE INDUSTRY: Leaders of the
British Airline Pilots Association and the Trades Unions Congress Union
recently have called on the UK Government to save Britain's airline industry
from collapse after British Airways' announced the reduction of 7,000 jobs.
See " Unions Seek  <http://www.ananova.com/business/story/sm_403509.html>
Government Aid."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

UK - PROTEST AT PRIVATE FINANCE PLAN: Nurses and hospital workers recently
have been protesting plans for one of the UK's largest private finance
initiatives (PFI) outside a major London hospital. Unions oppose the PFI
because they claim the terms and conditions of employment will worsen. See "
Private  <http://news.bbc.co.uk/hi/english/uk/newsid_1552000/1552194.stm>
Finance Initiatives In UK."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

UK - UNIONS FEAR MINIMUM WAGE WILL BE A CAUSALTY OF THE WAR ON TERRORISM:
Unions recently have raised concerns that low-paid workers in the United
Kingdom could face a squeeze on their income, mainly as a result of the
anticipated response to the U.S. terrorist attacks. It is reported that
businesses are lobbying the UK government to postpone a scheduled increase
of the national minimum wage until April of 2002 because of the current
uncertainty in the economy. See " Unions Fear No
<http://www.annanova.com/news/story/sm_405661.html> Wage Increase."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

UK - FORD ASSERTS THAT ITS MATERNITY DEAL IS BEST IN UK: On September 24,
2001, Ford Motor Company announced a new maternity pay offer, claiming it is
the best in Britain. The car manufacturer's female employees in Britain will
qualify for 100% of their basic pay throughout maternity leave of up to 40
weeks. See " Ford
<http://www.guardian.co.uk/business/story/0,3604,557654,00.html> Offers Best
Maternity Deal."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

UK - TAXING TIMES MAY BE OVER FOR EXECUTIVE DIRECTORS: A recent High Court
decision confirmed executive directors of companies are more likely to
provide the benefit of their expertise as non-executive directors, without
tax-related penalties being imposed on payments received from the company's
occupational pension arrangement. See " Director
<http://www.bmck.com/gel/articles/UK- Taxing Time for Executive
Directors.doc> Benefits."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

UK - STAKEHOLDER PENSION PLANS: Employers recently have been required to
establish stakeholder pension plans for "relevant employees." The
requirements may apply to an employer that employs individuals in the UK,
whether that employer is UK-based or a multinational. These stakeholder
plans are intended to be an economical form of personal pension plan
targeted at low to middle income earners so as to encourage more people to
save for their old age. See " Pension  <http://www.bmck.com/gel/articles/UK-
Stakeholder Pension Schemes.doc> Plans."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date: 10/1/01

Africa_Middle_EastAfrica/Middle East	 top
IL - DECREASE IN SALARIED EMPLOYEES BELONGING TO UNIONS: According to a
recent study by the Manpower Planning Authority, the percentage of salaried
workers in Israel who currently belong to a labour union has dropped to 45%,
compared to 85% in the 1980's. See " Salaried
<http://www.haaretzdaily.com/hasen/pages/ShArt.jhtml?itemNo=77263&sw=union>
Union Members Decreases In Last Decade."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

KE - CIVIL SERVANTS THREATEN LAWSUIT AGAINST KENYA: On September 22, 2001,
retrenched civil servants in Kenya threatened to sue the Kenyan Government,
alleging that they were unlawfully terminated. Legal representatives plan to
bring their case before the Kenyan High Court after Kenyan Attorney-General
Amos Wako refused to reply to an inquiry by a lawyer for the dismissed civil
servants. The former civil servants allege that the dismissals were given
without adequate notice, were discriminatory, and have crippled many of them
financially. See " Laid-Off Civil
<http://allafrica.com/stories/200109220060.html> Servants Threaten To Sue
State."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

NG - RESIDENT DOCTORS BEGIN ANOTHER STRIKE: The National Association of
Resident Doctors (NARD) recently announced that notice of a strike had been
communicated to the Nigerian Minister of Health. The strike follows an
agreement made in June of 2001 between the government and doctors. The
doctors claim the government has not lived up to its end of the deal and
have no option but to strike. See " Doctors Ready For
<http://allafrica.com/stories/200109240037.html> Strike."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

NG - nigeriaNIGERIA DEALING WITH WOMEN AND CHILD TRAFFICKING: On September
21, 2001, a Nigerian Presidential committee reported that over 200 victims
of human traffickers have been returned to Nigeria within the last month.
Nigerian President Olusegun Obasanjo created the Presidential Committee on
Human Trafficking and Child Labour upon learning of the human trafficking
epidemic in Nigeria. The committee, which is supporting the passage of a
bill that would deal with the practice of trafficking of women and children,
has reported that since the establishment of the committee 262 additional
Nigerian victims of human traffickers have been repatriated. See " Bill On
Child  <http://allafrica.com/stories/200109210008.html> Trafficking And
Labour."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

PK - PAKISTAN LABOUR LEADERS SUPPORT GOVERNMENT: On September 24, 2001, the
Pakistan Federation of Trade Unions released a statement through the
Pakistan Workers Confederation (PWC) in which leaders expressed their
solidarity with the Pakistani government's policy and stance regarding the
fight against terrorism. Labour representatives offered their full support
and pledged to contribute their part in motivating the working class to
safeguard the country's interests. See " PWC
<http://www.imfmetal.org/imf/main/main_text.cfm?show=news&ID=1478> Supports
Government."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

TG - CHILD SLAVES RETURNED TO TOGO: A group of children suspected to be
victims of child labour trafficking recently have been returned home to Togo
after being rescued from a sinking ship. Officials estimate that trafficking
of approximately 200,000 children occurs each year in West and Central
Africa, and often involves human smugglers who purchase children for about
US$40.00. See " Children
<http://bbc.co.uk/hi/english/world/africa/newsid_1560000/1560392.stm>
Returned."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

ZA - AIDS EXPECTED TO CLAIM MORE THAN 10 MILLIONS SOUTHERN AFRICANS BY 2015:
Researchers recently warned that African economies could be devastated by 10
millions AIDS-related deaths predicted for southern Africa over the next 15
years. The African Eye News Service has already reported that crucial human
development projects were already suffering as a result of the drain on
financial and workforce resources in Africa. See " AIDS To Effect
<http://allafrica.com/stories/200109070354.html> Economies."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

ZA - US$15 MILLION GRANT FOR DEVELOPMENT PROJECT: On September 13, 2001, the
World Bank approved grant funding worth US$15.24 million to South Africa and
Lesotho for a five-year cross border development project. The project will
finance labour opportunities based on natural and cultural resources. See "
Grant For  <http://allafrica.com/stories/printable/200109170078.html>
Development Project."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

ZA - southafricaSACP REITERATES DEDICATION TO FIGHTING PRIVATISATION: On
September 16, 2001, the South African Communist Party (SACP) announced it
would continue its fight against privatisation. The committee will continue
to mobilise workers against the government's privatisation programme. See "
SACP  <http://www.anc.org.za/anc/newsbrief/2001/news0208.txt> Continues To
Fight Privatisation."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

ZA - FARMERS URGED TO FORM UNIONS: On September 14, 2001, South African
Labour Minister Membathisi Mdladlana challenged the trade union movement to
stop complaining about a proposed minimum wage for farmers and begin
organising unions in the agricultural sector. He said unions would ensure
that farmers make more than the proposed wage. See " Farmers
<http://www.busrep.co.za/html/busrep/br_frame_decider.php?click_id=345&art_i
d=ct20010916184020727N2165727&set_id=60> Need For Organisation."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

ZA - TIRE AND RUBBER STRIKE ENDS: On September 18, 2001, the National Union
of Metalworkers of South Africa reported that some 6,000 workers returned to
work, ending a four-week strike in the tire and rubber industry. The workers
are calling the strike a "resounding victory." See " Strike
<http://www.imfmetal.org/imf/main/main_text.cfm?show=news&ID=1440> Is
Unqualified Success."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

ZA - REGIONAL FARM WORKERS SEEK LEGAL PROTECTION: Representatives from the
South African Development Community (SADC) farm workers organisation
announced recently they were concerned about being left out in the land
redistribution exercise and being denied citizenship by local governments.
The SADC seeks legislation that will protect workers living in commercial
farming areas. See " Farmer
<http://www.dailynews.co.zw/daily/2001/September/September24/1440.html>
Workers Seek Protection."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

ZA - STATE ATTORNEYS SUSPEND STRIKE ACTION: On September 25, 2001, state
attorneys in South Africa returned to work; however, they have not abandoned
their strike. The Public Service Association advisor announced the attorneys
have suspended their strike, answering a request to begin formal
negotiations with a delegation from the state attorney's union. See " Strike
<http://www.iol.co.za/html/frame_news.php?click_id=594&art_id=ct200109241955
07756A365451> Suspended."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

ZA - COUNCIL TOLD TO PAY DISMISSED WORKERS: The Commission for Conciliation,
Mediation and Arbitration recently ordered the King Sabata Dalindyebo
Council to pay contract employees who were dismissed. The Commission ruled
the employees were unfairly dismissed; therefore, they are entitled to
five-and-a-half years' salary. See " Dismissed
<http://www.dispatch.co.za/2001/09/26/easterncape/CCOUNCIL.HTM> Workers
Compensated."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

ZA - SOUTH AFRICAN UNEMPLOYMENT RATE AT 26.4%: On September 25, 2001,
Statistics South Africa (StatsSA) reported that South Africa's unemployment
rate has dropped slightly from last year. The Labour Force Survey countered
the StatsSA finding and attributed the decrease in employment rate to a
sampling error. The findings of both surveys indicate that 4.24 million
people are jobless out of a total economically active population of 16.1
million. See " South
<http://www.news24.co.za/News24/Finance/Economy/0,4186,2-8-25_1085142,00.htm
l> African Unemployment Rate."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

ZA - MEETING TO AVOID STRIKE OVER WAGES: On September 26, 2001,
representatives from twelve public sector unions and South African
Government officials met in an attempt to resolve a wage dispute. Sources in
the Government and trade unions are optimistic that the month long dispute
will be settled. See " Officials
<http://www.allafrica.com/stories/printable/200109260206.html> Meet To Avoid
Strike."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

South_AmericaSouth America	 top
CL - LANCHILE DISMISSES 73 PILOTS: On September 14, 2001, LanChile S.A.
dismissed 73 of the 400 pilots from the LanChile Pilot Union as a result of
increased departure and arrival delays and medical leave requests. The
company has decided to take legal action against some pilots in the union,
including those who were dismissed, for breach of their employment
contracts. See " LanChile  <http://biz.yahoo.com/bw/010914/142255_1.html>
Dismisses Pilots."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

CL - columbiaGE WORKERS BEGIN STRIKE: The union representing General
Electric-Chile workers recently began strike action after seven months of
collective bargaining failed. The members of the Coordinated Bargaining
Committee of GE Unions in the U.S. have pledged their support in the
struggle for a fair and equitable settlement. See " GE
<http://www.imfmetal.org/imf/main/main_text.cfm?show=news&ID=1439> - Chile
On Strike."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

CO - UNION ACTIVISTS CLAIM THAT U.S. FUELS COLOMBIA'S WAR AGAINST UNION: On
September 15, 2001, labor activists issued a report that alleged that U.S.
aid to the Colombian armed forces has indirectly supported a rash of
violence against the labour movement in Colombia. The report states that
Colombia is the third largest recipient of foreign aid from the U.S., and
claims that US$1 billion in almost pure military assistance has been
directed against the "critics of the Colombian social and economic order."
The report also asserts that more unionists are killed in Colombia than
anywhere else in the world. See " Unionists
<http://www.labornotes.org/archives/2001/0901/0901b.html> Claim That US
Fuels Colombia's Dirty War Against Unions."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

North_AmericaNorth America	 top
CA - CANADIAN CONTRACTS IN SECOND QUARTER HAD 2.9 PERCENT AVERAGE ANNUAL
WAGE HIKE: On September 18, 2001, Human Resources Development Canada
reported that major collective agreements in Canada during July of 2001
produced an average annual wage increase of 2.9 percent, unchanged from the
June average. See " Human Resources
<http://www.hrdc-drhc.gc.ca/menu/jobs.shtml> Development Canada."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

CA - labourboardNEW REGULATIONS PROPOSED TO REFORM CANADIAN LABOUR BOARD: On
September 15, 2001, the Canada Industrial Relations Board (CIRB) proposed a
new series of regulations intended to reform the dispute resolution process
for federally regulated employers and workers throughout Canada. The
proposed regulations outline how the CIRB will deal with new applications
and suggest methods to make the CIRB more modern and efficient. The Canadian
Labour Code covers almost one million employees in such sectors as
transportation, telecommunications, banking, and grain handling industries.
See " Canada  <http://canada.gc.ca/gazette/part1/pdf/g1-13537.pdf> Gazette."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

MX - NEGOTIATIONS END WITHOUT WAGE DEAL FOR MEXICANA FLIGHT ATTENDANTS: On
September 14, 2001, negotiations between Mexicana de Aviacion and the flight
attendants union ended without a wage deal, with both sides reaching an
impasse over the amount of the wage hike. Mexicana de Aviacion offered a
wage hike of 5.8%, but the flight attendants' union demanded a minimum of a
10.5% rise in wages. Mexico's second largest airline hopes to resolve the
issue with the trade union which represents their entire staff of 1,500
flight attendants. See " No Wage Deal
<http://biz.yahoo.com/rf/010914/n14230580_1.html> Between Mexicana, Flight
Attendants."  <mailto:[email-masked]>
[email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

US - domesticNINTH CIRCUIT UPHOLDS DOMESTIC PARTNER LAW: On September 11,
2001, the U.S. Court of Appeals for the Ninth Circuit ruled that San
Francisco's domestic partner benefits ordinance is not pre-empted by either
the Airline Deregulation Act or the Railway Act. See " Air
<http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A2491269CDA0A17A88256AC4000
421E5/$file/9916391.pdf?openelement> Transport Association v. City And
County Of San Francisco."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - RAILROAD CONDUCTOR'S ADA CLAIM UNDERCUT BY USE OF CONTRACTUALLY
GUARANTEED LEAVE: The U.S. Court of Appeals for the Eight Circuit recently
upheld the reversal of a railroad conductor's US$620,000 disabilities
discrimination verdict, finding that the conductor's high absenteeism rate
prevented him from performing the essential functions of his job. See "
Pickens.  <http://caselaw.lp.findlaw.com/data2/circs/8th/001497p.pdf> V. Soo
Line R.R. Co."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - THREE SENTENCED IN SCHEME TO HIRE UNDOCUMENTED WORKERS TO REMOVE
ASBESTOS: The U.S. District Court for the Eastern District of Tennessee
recently sentenced three executives of a contract labor firm on several
felony charges arising from a scheme to hire undocumented workers to remove
asbestos. See " Department Of
<http://www.usdoj.gov/opa/pr/2001/August/431enrd.htm> Justice Press
Release."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

US - CONCERN OVER HEALTH AND SAFETY FOUND IN NURSE'S ASSOCIATION SURVEY: A
recent study by the American Nurses Association indicated that more than 70%
of registered nurses cited acute and chronic effects of stress and overwork
as one of their top three health and safety concerns. Along with stress, the
top three health and safety concerns included disabling back injuries and
contracting HIV or hepatitis from a needlestick injury. See " ANA Concern
Over  <http://www.ana.org/pressrel/2001/pr0907b.htm> Health And Safety."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - AARP PROGRAM RECOGNIZES EMPLOYERS FOR EXEMPLARY POLICIES FOR OLDER
WORKERS: On September 11, 2001, the American Association of Retired Peoples
(AARP) recognized 11 employers for their practices related to older workers.
These companies were highlighted for polices such as improved health
benefits for retired employees, flexible work schedules, mentoring programs,
and successful recruiting of older workers. See " AARP Recognizes
<http://www.aarp.org/press/2001/nr091101.html> Exemplary Policies."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

US - JUDGE DECERTIFIES 160 MEMBER CLASS ACTION IN AGE BIAS CASE AGAINST
FIRST UNION: A federal judge in Miami, Florida recently decertified a class
of 160 plaintiffs who in 1994 filed an age discrimination suit against First
Union Corporation. The order was based on a ruling by the U.S. Court of
Appeals for the Eleventh Circuit in May of 2001 that held the trial court
failed to set time parameters governing who could join the lawsuit and that
some plaintiffs could not rely on charges filed by their colleagues. See "
Stone v. First  <http://www.bmck.com/gel/articles/firstunioncorp.pdf> Union
Corp. Opinion."  <mailto:neil.mcguinness@bakernetcom>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - AVERAGE PAY ROSE 5.9 PERCENT IN 2000 WITH GAINS IN ALL STATES: The U.S.
Department of Labor recently released statistics concluding that the average
annual pay of U.S. workers climbed 5.9% in 2000 to US$35,296 with all states
reporting. See " Annual Pay By State
<http://www.bls.gov/news.release/annpay.nr0.htm> And Industry."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01
	
US - JOBLESS CLAIMS INCREASE BY 21,000: On September 13, 2001, the U.S.
Department of Labor's Employment and Training Administration released
figures concluding that initial claims filed with state agencies for
unemployment insurance benefits increased by 21,000 to a total of 431,000
for the week ending September 8, 2001. See " Weekly
<http://www.dol.gov/opa/media/press/eta/ui/eta2001302.htm> Claims Report."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

US - muslimsHEAD OF EEOC URGES TOLERANCE TOWARD MUSLIMS AND ARAB-AMERICANS
IN THE WAKE OF THE SEPTEMBER 11 ATTACKS: The Chair of the U.S. Equal
Employment Opportunity Commission (EEOC), Cari Dominguez, recently
encouraged employers to guard against a backlash in the workplace against
Muslims and Arab-Americans in light of the recent terrorist attacks in the
U.S. on September 11, 2001. Dominguez urged employers to reiterate to
employees their policies against harassment based on religion, national
origin, and ethnicity. " September 11 Attack
<http://www.eeoc.gov/press/9-14-01.html> ."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - LEGAL PROTECTIONS FOR RESERVISTS NOW RELEVANT TO EMPLOYERS: On
September 17, 2001, President Bush announced plans to call up 35,000
military reservists to active duty in response to the recent terrorist
attacks against the United States. All U.S. employers therefore need to be
aware of the provisions of The Uniformed Services Employment and
Reemployment Rights Act ( USERRA <http://www.msnbc.com/news/627028_asp.htm>
), a federal law that prohibits discrimination against persons because of
their service in the Armed Forces, the Army National Guard, the Air National
Guard, the commissioned corps of the Public Health Service, and other
categories of persons designated by the President in time of war or national
emergency. USERRA prohibits an employer from denying any benefit of
employment on the basis of an individual's membership, application for
membership, performance of service, application for service, or obligation
for service in the uniformed services. USERRA also protects the rights of
uniformed service members to reclaim their civilian employment after being
absent due to military service or training. See " Military
<http://link.ixs1.net/s/lt?id=112802&si=x14909984&pc=j6&ei=u8801> Leave."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

US - AIRLINES PLEAD FOR GOVERNMENT HELP: On September 17, 2001, airlines in
the United States called on the U.S. Government for help after a warning
that many face bankruptcy following the terrorist attacks of September 11,
2001. Several airlines laid-off significant percentages of their workforces
subsequent to the terrorist attacks. The Bush Administration and airline
executives are expected to meet in the near future to discuss the crisis at
hand. See " Airlines
<http://news.bbc.co.uk/hi/english/business/newsid_1546000/1546576.stm> Seek
Monetary Help."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - RESTAURANT'S DISCIPLINE OF MANAGER FAILS TO CORRECT HARASSING BEHAVIOR:
On September 11, 2001, the U.S. Court of Appeals for the Eighth Circuit held
that a restaurant chain failed to exercise reasonable care to prevent a
manager from sexually harassing a female employee. The court held that there
was enough evidence for a jury to conclude the manager's harassment was
based on sex and that the restaurant had created a hostile work environment.
See " Beard v.  <http://caselaw.lp.findlaw.com/data2/circs/8th/003445p.pdf>
Flying J. Inc. and Krout."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - CURRENT STATE FAMILY LEAVE BILLS CONTEMPLATE SEVERAL PAYMENT SYSTEMS:
At least 55 bills addressing paid family leave were considered during state
legislative sessions in 2001; however, only three have been signed into law,
and only one actually instituted a form of paid leave. See " Paid Leave
Bills <http://www.ows.doleta.gov/> ."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - TRAGIC EVENTS UNDERSCORE NEED FOR PLANNING BY HR: The recent terrorist
attacks in New York and Washington, D.C. underscore the critical need for
employers to have a crisis management plan in pace before the situation
arises. The two most difficult tasks to manage in the aftermath are
assisting the survivors and returning to business as soon as possible. See "
Crisis  <http://hr.cch.com/news/hr-planning.asp> Planning."
<mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - CARRIERS BEGIN LAY-OFFS AS INDUSTRY COPES WITH SERVICE CUTS AFTER
ATTACKS: Major U.S. airlines recently announced plans to lay-off thousands
of workers to contend with mounting financial losses related to the
terrorist attacks on New York and Washington, D.C. Union officials
representing employees of airline carriers will continue to work with the
companies on the timing and procedures to be used in workforce reductions.
See " Airlines  <http://www.usairways.com/corporate/press/nw_01_0917b.htm>
Begin Massive Lay-Offs."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - COURT ALLOWS SUIT ALLEGING FIRM EXPLOITED FOREIGN AND DOMESTIC
EMPLOYEES: The U.S. District Court for the Southern District of New York
recently ruled that a group of workers at a brokerage firm may proceed with
a lawsuit alleging their employer breached their employment contracts and
discriminated against American citizens by favoring foreign nationals
working on visas. See " Shah  <http://www.bmck.com/gel/articles/US-Court
Partially Allows Suite Alleging Firm.doc> v. Wilco Systems."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

US - fordFORD AVOIDS COURT SUPERVISION OF LAY-OFF PLAN: Ford Motor Company
recently defeated an attempt by lawyers representing several managers to get
court supervision of the automaker's plan to cut up to 5,000 white collar
jobs. The managers are suing the automaker for age discrimination, claiming
they were passed over for promotions or forced out in favor of younger
candidates. See " Ford
<http://news.findlaw.com/ap_stories/f/1310/9-18-2001/20010918163645360.html>
Avoids Supervision."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - COURT NIXES DOL RULED REQUIRING EMPLOYERS TO NOTIFY WORKERS OF FMLA
LEAVE DESIGNATION: On September 6, 2001, a federal district court in New
York dismissed a lawsuit brought by an employee who claimed his employer
violated the Family and Medical Leave Act (FMLA) when he was refused an
additional 12 weeks of family and medical leave, following a 26-week short
term disability leave. The ruling rejected the U.S. Department of Labor's
FMLA regulation on notice issues. See " Fulham v. HSBC Bank
<http://www.dol.gov/dol/esa/fmla.htm> USA."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

US - MOBILZATION OF NATIONAL GUARD AND RESERVES BRINGS EMPLOYEE PROTECTIONS
TO FOREFRONT: On September 17, 2001, following U.S. President Bush's
announcement that members of the National Guard and Reserves may be called
to active duty, the Pentagon prompted the U.S. Department of Labor (DOL) to
increase efforts to inform employees and employers that jobs and benefits
are protected in such situations. A special DOL web site is now operational
to assist employers on these issues. See " Employee Protections
<http://www.dol.gov/elaws/userra0.htm> ."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - FILING DEADLINES FOR FORM 5500s EXTENDED FOR PLAN SPONSORS AFFECTED BY
TERRORIST ATTACKS: On September 14, 2001, the U.S. Internal Revenue Service,
the Pension and Benefits Guaranty Corporation, and the Pension and Welfare
Benefits Administration jointly extended the deadline for filing Form 5500
for filers located in federal disaster areas due to the terrorist attacks on
September 11, 2001. Depending upon the original due date, the filing
deadline was extended anywhere from 120 days (for returns originally due
after November 30) to as long as 10 months (for returns originally due
between September 11 and November 30). Filers outside of federal disaster
areas who face difficulties meeting the original deadline due to
circumstances surrounding the attacks will have until November 15, 2001 to
make their submissions. See " Deadline Extensions <http://www.dol.gov/> "
and " PWBA  <http://www.dol.gov/dol/pwba/public/media/press/pr091401.htm>
Press Release."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - emailprivacyAMERICANS STILL GUARD TELEPHONE AND E-MAIL PRIVACY: A
research study in the wake of the terrorists attack of September 11, 2001,
reports that while Americans generally support the concept of sacrificing
some civil liberties in order to curb terrorism, 70% of Americans oppose
giving away the right to private communications via phone or e-mail,
especially in the workplace. Twenty-six percent said they were in favor of
the idea, while 4% fell in the "don't know" category. See " USA Privacy
<http://www.newsbytes.com/news/01/170291.html> ."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - JUDICIAL CONFERENCE VOTES FOR INTERNET-MONITORING POLICY: The U.S.
Judicial Conference, which oversees U.S. courts, recently approved new rules
dictating the level of public access to court documents online and the level
of privacy that federal judges and court employees can expect while using
e-mail or the Internet at work. Each federal court must adopt at least a
baseline model use policy that prohibits the downloading of music,
pornography, or any personal use that could cause congestion, delay, or
disruption of service to any government system or equipment. The plan also
requires federal courts to block access to certain Internet protocols used
by file sharing and Web gaming sites. See " Court
<http://www.wired.com/news/politics/0,1283,46974,00.html> Employee Privacy,"
" Internet  <http://news.cnet.com/news/0-1005-200-7230874.html> Monitoring
Policy," and " Workplace
<http://www.siliconvalley.com/docs/news/reuters_wire/1501058l.htm> Privacy."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - TIME BETWEEN FILING CHARGES, TERMINATION, AND OTHER EVIDENCE CREATES
ISSUE FOR TRIAL: On September 6, 2001, the U.S. Court of Appeals for the
Sixth Circuit overturned a lower court judgment, finding a former employee's
retaliation claim can go forward, given, among other things, the proximity
of the employee's racial discrimination claims to his firing. The court held
that this case presented a circumstance in which temporal proximity
considered with other evidence of retaliatory conduct would be sufficient to
establish a causal connection. See " Little
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=6th&navby=case&no=01
a0305p> v. B.P. Exploration & Oil Co."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - COURT FINDS SEVERANCE BENEFITS TRIGGERED BY REDUCTION IN DUTIES
FOLLOWING ACQUISITION: On September 11, 2001, the U.S. Court of Appeals for
the Seventh Circuit ruled that a senior management employee whose
authorities, duties, and responsibilities were diminished following a change
in corporate ownership is entitled to benefits under his former employers
severance plan. See " Bowles
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=7th&navby=case&no=00
1851> v. Quantum Chem. Co."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - 401(K) PROGRAMS ARE KEY IN ATTRACTION AND RETENTION OF TALENT: A recent
survey by Deloitte & Touche concluded that for a majority of employers,
offering 401(k) plans is a key factor in their ability to attract and retain
talent. See " 2001 Annual 401(K)
<http://www.dttus.com/PUB/401k/default.htm> Benchmarking Survey."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - U.S. COMMISSION ON CIVIL RIGHTS SETS UP ARAB AND MUSLIM BIAS HOTLINE:
On September 14, 2001, the U.S. Commission on Civil Rights (Commission)
established a hot line to catalog incidents of discrimination in response to
increasing complaints from Arab and Muslim communities after the recent
terrorist attacks. See " U.S. Commission On Civil
<http://www.usccr.gov/tragedy/tragcmpl.htm> Rights Announces Complaint Line
To Protect Rights of Arab, Islamic Communities."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

US - ROTO-ROOTER AND LABOR DEPARTMENT REACH AGREEMENT: On September 17,
2001, Roto-Rooter Services Company reached an agreement with the U.S.
Department of Labor regarding an investigation into Roto-Rooter's overtime
pay practices. Earlier this year, Roto-Rooter completed a conversion of it's
overtime pay scheme, revisions that are estimated to impact their earnings
by US$1,260,000. The U.S. Department of Labor investigated Roto-Rooter's
overtime pay practices for commission service technicians and plumbers. See
" Roto-Rooter,
<http://news.excite.com/news/bw/010917/oh-chemed-roto-rooter> Department Of
Labor Reach Agreement."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01
	
US - NFL REACHES AGREEMENT WITH PERMANENT REFEREES: On September 20, 2001,
the National Football League (NFL) Referees Association accepted a six-year
contract, increasing existing salaries by 50% and ending a strike that had
gone on for the first few weeks of the 2001 NFL season. The NFL was forced
to use replacement officials for the first week of the season, but the new
agreement will allow the permanent referees to return to their jobs. The
salaries for the referees escalates each year through the 2006 season, when
it raises 125% higher than their current salaries. See " Ref
<http://msn.espn.go.com/nfl/columns/clayton_john/1253020.html> 's Vote To
Accept NFL's Offer."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]  Alert Date: 10/1/01

US - TAMPA JURY FINDS OUTBACK STEAKHOUSE GUILTY OF SEX DISCRIMINATION AND
RETALIATION: On September 19, 2001, a jury in the U.S. District Court for
the Middle District of Florida awarded US$2.2 million to a former employee
of Outback Steakhouse on whose behalf the U.S. Equal Employment Opportunity
Commission had brought suit. The jury found that Outback paid the employee
considerably less than a similarly situated male employee who performed the
same job duties. The jury also found that Outback subjected the employee to
different terms and conditions of employment because of her sex and
terminated her in retaliation for her complaints about discrimination. See "
EEOC Press Release <http://www.eeoc.gov/press/9-19-01.html> ."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - immigrationIMMIGRATION POLICY IN THE WAKE OF THE TERRORIST ATTACKS: The
attack on America on September 11, 2001 may well impact immigration policy.
The United States is a nation of immigrants, but most still want limits on
immigration. The conflict in viewpoints is being played out as measures are
debated that will give the government more power to hold and quickly deport
suspected terrorists. See " USA Immigration
<http://www.abanet.org/journal/ereport/immig.html> Policy."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

US - FLORIDA APPELLATE COURT QUESTIONS WISDOM OF UNEMPLOYMENT LAW: In a
decision issued on September 21, 2001, Florida's Second District Court of
Appeals upheld the denial of unemployment benefits to a former bank employee
who accepted part-time employment as a telemarketer after she was laid off
from her bank job, then quit her part-time job because it interfered with
her ability to interview for full-time employment. Noting that Florida's
unemployment statute mandates the denial of unemployment benefits in such a
situation, the Court questioned the wisdom of the law, stating that "(i)t
seems inconceivable that any legislator would actually have intended to
forfeit (the employee's) right to unemployment benefits relating to her job
at the bank simply because she attempted to aid her family and maintain her
own self-respect by taking a part-time job that just did not work out." See
" Rochussen v.  <http://www.jud10.org/2ndDCA/sept01/2D00-3622.htm>
Unemployment Appeals Commission And Opinion Research Corporation."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - AIRLINES CUT STAFF AND SERVICE IN AFTERMATH OF TRAGEDY: On September
17, 2001, U.S. airlines began cutting employees and services in response to
a drastic reduction in air travel after the deadly hijackings that leveled
the World Trade Centers and destroyed a large part of the Pentagon. Most
airlines have reduced their personnel and services by up to 20%, and the
airlines' stocks have dropped approximately 40% in the week following the
tragedy. See " U.S.
<http://news.excite.com/news/r/010918/10/airlines-layoffs> Airlines Cut
Flight Schedules, Set Layoffs."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - WAL-MART AGREES TO AIR TV ADS AND PAY US$467,000 SETTLEMENT AFTER BEING
FOUND IN CONTEMPT OF COURT: On September 20, 2001, Wal-Mart Stores, Inc.
agreed to air television ads that detail claims made by disabled persons not
hired by Wal-Mart and pay US$427,000 to the Arizona Center for Disability
Law (ACDL) after being held in contempt of court. A federal court in Tucson,
Arizona earlier this summer held Wal-Mart in contempt of court for failing
to comply with a court order to resolve claims that Wal-Mart refused to hire
applicants because they are deaf, a practice in violation of the Americans
with Disabilities Act. The TV ad will feature the complainants describing
their allegations against Wal-Mart and will air daily for two weeks on every
major Tucson and Phoenix television station. The US$427,500 payment will go
directly to the ACDL to help fund statewide legal advocacy, job development
for persons with disabilities, job coaching, and monitoring of Wal-Mart. See
" Wal-Mart Agrees To Air TV Ad  <http://www.eeoc.gov/press/9-20-01.html> And
Pay US$427,500 After Court Finds Retailer In Contempt Of Court."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - LABOR DEPARTMENT AWARDS US$1 MILLION IN GRANTS FOR APPRENTICESHIP
PROGRAMS FOR WOMEN: On September 19, 2001, the U.S. Department of Labor (
DOL <http://www.dol.gov/dol/wb/public/release.pdf> ) announced that
community-based organizations will receive almost US$1 million in grants to
establish apprenticeship programs geared toward bringing more women into
non-traditional occupations. Authorized under the Women in Apprenticeship
and Nontraditional Occupations Act (WANTO), the DOL awarded the grants of
US$50,000 to US$100,000 after soliciting applications in June of 2001.
Shinae Chun, DOL Women's Bureau director, stated that these WANTO grants
"will promote access to training, opportunity, and advancement for women."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

US - LABOR DEPARTMENT DELAYS DECISION ON ERGONOMICS REGULATIONS: On
September 21, 2001, the U.S. Department of Labor (DOL) announced that it was
postponing further regulations on ergonomics until the Fall of 2001 because
it has channeled all of its resources into reacting to the problems caused
by the terrorist attacks in New York and Washington, D.C. The U.S.
Occupational Health and Safety Administration (OSHA), which was charged with
issuing the new rules, has been extensively involved in the recovery efforts
at the World Trade Centers and the Pentagon. See " OSHA:
<http://www.osha.gov/media/oshnews/sep01/national-20010921.html> Ergonomics
Announcement To Be Made At Later Date."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

US - TEXAS COURT RULES FORMER EMPLOYEE NOT LIABLE FOR DAMAGES RESULTING FROM
INTERNET MESSAGE POSTINGS: The Texas Court of Appeals recently ruled that an
employer could not show non-economic damages resulting from a former
employee's internet posting of messages about his employer. Express One
International, a freight and charter airline, sued a former company pilot
for posting messages regarding the company on internet message boards in the
midst of a labor dispute. The company sought damages for the cost of
identifying the message poster, the proceedings before the National
Mediation Board, the cost of dealing with the message postings, and their
effect on the union election. The trial court awarded summary judgment for
the former employee, and the appellate court affirmed the decision. See "
Express  <http://courtstuff.com/cgi-bin/as_web.exe?c05_01.ask+D+16213637>
One International v. Steinbeck."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - BANS ON WORKPLACE LANGUAGE NOW LIMITED IN CALIFORNIA: On September 12,
2001, California approved legislation under which, effective January 1,
2002, it is unlawful for an employer to adopt or enforce a policy that
limits or prohibits the use of any particular language in any workplace
except under specific circumstances. Under the new California Government
Code Section 12951, the restriction must be justified by business necessity.
The employer also must notify its employees of the circumstances and the
time when the language restriction is required to be observed and the
consequences for violating the restriction. For the purposes of this
section, "business necessity" means an overriding legitimate business
purpose such that the language restriction is necessary to the safe and
efficient operation of the business, that the language restriction
effectively fulfills the business purpose it is supposed to serve, and there
is no alternative practice to the language restriction that would accomplish
the business purpose equally well with a lesser discriminatory impact. See "
New
<http://www.leginfo.ca.gov/pub/bill/asm/ab_0751-0800/ab_800_bill_20010912_ch
aptered.html> Language Law."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - CHAO ANNOUNCES US$1 MILLION TO PROMOTE WOMEN'S WORK PROGRAMS: On
September 19, 2001, U.S. Secretary of Labor Elaine Chao announced the
Department of Labor has awarded US$1 million in grants in several
communities to establish apprenticing and recruitment programs for women in
non-traditional jobs. The programs are aimed at helping women gain the
skills they need to find and hold a good job in a field that many women have
not previously explored. See " Women
<http://www.dol.gov/opa/media/press/opa/opa2001312.htm> 's Employment
Program."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - PILOTS WANT TO CARRY GUNS: In the wake of the terrorists attack on
September 11, 2001, the Air Line Pilots Association (ALPA) announced support
for proposed legislation that would allow pilots to carry firearms in
cockpits, a move the union says could prevent hijackings. Although armed
pilots would be a radical step, ALPA members have expressed overwhelming
support for the idea. See " Armed
<http://news.findlaw.com/ap_stories/other/1110/9-25-2001/20010925121714860.h
tml> Pilots."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - LABOR DEPARTMENT SEEKS INFORMATION ON FOREIGN EFFORTS AT CURBING CHILD
LABOR: On September 25, 2001, the U.S. Department of Labor (DOL) published a
notice seeking information regarding the efforts of foreign countries to
eliminate child labor. The information request is in accord with the U.S.
Trade and Development Act of 2000, which established new child labor
eliminating conditions that countries must meet to receive trade benefits
under the Generalized System of Preferences, Caribbean Trade Partnership
Act, and the African Growth and Development Act. The DOL is examining the
worst forms of child labor practices including all forms of slavery, the
sale or trafficking of children, debt bondage, and forced labor. See "
Federal
<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&doc
id=01-23878-filed> Register: U.S. DOL: Request For Information On Efforts By
Certain Countries To Eliminate The Worst Forms Of Child Labor."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - IRS DELAYS MANDATORY REPORTING OF STOCK OPTION INCOME: Under current
U.S. law, the excess of the fair market value of the stock received over the
amount paid by the employee to exercise a nonqualified stock option is
included in Box 1 of Form W-2 in addition to wages and other compensation.
The U.S. Internal Revenue Service (IRS) had previously announced that stock
option income would need to be separately identified (as Code V) on the Form
W-2 and also included in Boxes 1 and 12 of the Form W-2 effective for the
preparation of the 2001 Form W-2; a subsequent IRS announcement delayed the
effective date. The most recent IRS announcement (2001-92) further delays
the effective date so that mandatory reporting begins with the 2003 Form W-2
if the comment process does not result in a more cost-effective alternative.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/1/01

US - HIGH EARNERS TO BENEFIT FROM NEW CONTRIBUTION PLANS: On September 17,
2001, the U.S. General Accounting Office released a report stating that more
high earners and men are likely to benefit directly from newly increased
limits on contributions to defined contribution plans. The new limits were
implemented under the Economic Growth and Tax Relief Reconciliation Act,
which was signed into law in June of 2001. See " Tax Relief Reconciliation
<http://www.gao.gov/new.items/d01846.pdf> Plan."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - AIRLINE DENIES WORKERS SEVERANCE PAY: On September 24, 2001, American
Airlines announced it is invoking an emergency clause in its union contracts
that will allow it to forgo paying severance to the 20,000 workers it plans
to let go. Union leaders plan to fight the decision, including the
possibility of legal action. See " No
<http://www.latimes.com/business/la-000076652sep25.story> Severance Pay."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

US - LABOR DEPARTMENT JUDGMENT ORDERS GMR PLASTICS AND OWNER TO REPAY
PENSION PLAN: On September 11, 2001, the U.S. Department of Labor obtained a
judgment in which GMR Plastics Corp. and its owner were ordered to repay
US$12,250 in losses and interest to the company's pension plan. See " DOL
<http://www.dol.gov/dol/pwba/public/media/press/pr091711.htm> Wins Pension
Judgment."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - OKLAHOMA VOTERS APPROVE WORK MEASURE: On September 25, 2001, Oklahoma
voters approved a measure banning labor contracts that require workers to
pay union dues. Supporters of the bill had argued that Oklahoma is losing
jobs because companies shy away from states that lack right-to-work laws,
and that workers should be allowed to choose for themselves whether they
want to support a union. See " Right To Work <http://www.okrighttowork.com/>
." and " Question 695 Will Lower Wages In
<http://www.checkforyourself.com/> Oklahoma."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

US - EEOC RESOLVES LAWSUITS AGAINST GENERAL MOTORS: On September 26, 2001,
the U.S. Equal Employment Opportunity Commission resolved its lawsuit
against General Motors Corporation (GM) alleging violations of Title VII of
the 1964 Civil Rights Act at a New Jersey facility. According to the
settlement, GM will pay US$1.25 million to a group of plaintiffs who alleged
they were subjected to racial harassment on the job. See " EEOC
<http://www.eeoc.gov/press/9-26-01.html> Resolves Suit With GM."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/1/01

US - DOL PROMOTES RECOVERY PROGRAMS: On September 25, 2001, the U.S.
Department of Labor's Employment and Training Administration held a briefing
on the disaster relief programs it provides to assist in America's long-term
economic recovery. These programs are designed to bolster America's
workforce during economic hardship by offering temporary financial relief
and the opportunity to seek new employment or gain new skills through
training. See " Recovery Programs <http://www.doleta.gov/> ."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

US - WRITTEN NET POLICIES COULD PREVENT COSTLY LAWSUITS: According to a
recent study, many businesses could reduce lawsuits triggered by employee
e-mail and Internet use through the implementation of written policies
governing employee electronic access on company equipment. The survey
followed several high-profile lawsuits in which companies were sued after
terminating employees for sending sexually explicit e-mails, downloading
pornography, and several other activities involving e-mail and Internet use.
See " Electronic Policies  <http://epolicyinstitute.com/survey/index.html>
And Practices Survey."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/1/01

US - AFSCME PRESIDENT PUBLICLY URGES LOCAL UNIONS TO INCREASE EMPLOYEE
ORGANIZING EFFORTS: On September 7, 2001, AFSCME
<http://www.afscme.org/press/pr010907.htm>  International President Gerald
W. McEntee appealed to a grassroots army of organizers at the public service
union's first-ever Organizing Convention to help bring 100,000 unorganized
workers into the Labor Movement over the next two years. Since the 1998
kickoff of the organizing campaign, AFSCME's new commitment to organizing
has added 75,000 new workers to its ranks.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/1/01

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