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McMillion & Hirtensteiner, LLP - Labor News

McMillion & Hirtensteiner, LLP's Labor News charts the latest developments in labor and legal issues with regular updates published as they are released to the media.

Friday, December 21, 2007

 

CWA Applauds Vermont Public Service Board for Rejecting Verizon-FairPoint Deal; Calls for Establishing an Independent, Debt-free Northern New England Telephone Company

CWA Applauds Vermont Public Service Board for Rejecting Verizon-FairPoint Deal; Calls for Establishing an Independent, Debt-free Northern New England Telephone Company

WASHINGTON, Dec. 21 /PRNewswire-USNewswire/ -- The Communications Workers of America applauded today's decision by the Vermont Public Service Board to reject the proposed sale of Verizon Communications' wireline operations to FairPoint Communications.

The Board "got it exactly right" in concluding that the sale to FairPoint is financially risky for Vermont consumers and "has the potential to lead to a reduction in service quality, in less investment in the Vermont infrastructure and to slower deployment of broadband services than is acceptable," CWA said.

It's clear that the proposed settlement presented by the companies to Maine regulators is inadequate and doesn't change the viability of this deal, CWA said. Maine residents still would be dependent on a financially shaky company and still would be at risk for declining service quality and limited, if any, access to new technological developments.

"This week, Singapore announced it will build out its broadband networks to provide one Gigabit per second in high speed Internet to every home. Yet FairPoint currently offers at most 1.5 megabits per second. With Internet speeds that in some cases are nearly 1,000 times faster than what FairPoint offers, Singapore -- and other nations where deployment of true high speed networks is a priority -- have a tremendous advantage over the United States," said CWA President Larry Cohen.

"In rejecting this deal, the Board recognized the critical importance of keeping Vermont residents on the information highway," he said.

CWA, together with the AFL-CIO and the International Brotherhood of Electrical Workers are urging governors and lawmakers to consider an alternative to create a stronger communications network for northern New England residents. They have proposed establishing an independent telephone company that would create a stronger, more viable network, one that would:

-- Be operated by local management dedicated to our region.
-- Not be burdened with $2.3 billion in debt like FairPoint.


-- Improve on Verizon's record of investment in our communities versus FairPoint's plan to cut that investment.

-- Continue dividends at current (or lower levels) unlike FairPoint, which plans to pay twice as much in dividends as it earns in income. (This financial magic is done by not investing in northern New England.)

For more information visit www.stop-the-sale.org and www.no-deal.org. CWA represents 700,000 workers in communications and information technology, media and publishing, health care, higher education and public service, airlines and manufacturing.

First Call Analyst:
FCMN Contact:


Source: Communications Workers of America

CONTACT: Jeff Miller or Candice Johnson, CWA Communications,
+1-202-434-1168, jmiller@cwa-union.org, cjohnson@cwa-union.org and
+1-202-415-6566 (cell)

Web Site:

http://www.cwa-union.org/
http://www.no-deal.org/
http://www.stop-the-sale.org/


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Profile: labor-news


 

Teamsters to Bush Administration: 'Obey The Law'

Teamsters to Bush Administration: 'Obey The Law'

Cross-Border Truck Program Must End When Budget Becomes Law

WASHINGTON, Dec. 21 /PRNewswire-USNewswire/ -- Teamsters General President Jim Hoffa today reminded the Bush administration that Congress ordered a stop to the pilot program allowing trucks from Mexico on our highways.

Congress banned funding for the cross-border trucking program as part of the omnibus spending bill passed Wednesday. The Teamsters fought the pilot project from the start because of real concerns that trucks from Mexico aren't safe.

"We expect the Bush administration to stop this program in its tracks the instant the bill is signed," said Teamsters General President Jim Hoffa. "However, the Federal Motor Carrier Safety Administration has shown over and over that it can't be trusted to obey the law.

"If FMCSA doesn't halt long-haul trucks from Mexico at the border, you can bet the Teamsters will be in court to stop them," Hoffa said.

The Teamsters are already in court -- the 9th Circuit Court of Appeals in San Francisco -- to halt the cross-border truck pilot project. The spending bill only bans funding for the 2008 budget year, which ends Sept. 30.

"The pilot program was illegal in the first place," Hoffa said. "Now Congress has made it absolutely clear that it would be lawless for FMCSA to continue it."

The case is expected to be heard in February.

Some trucks from Mexico have been allowed to travel beyond the narrow border zone since earlier this year under the Bush administration's unsafe pilot program.

The International Brotherhood of Teamsters represents more than 1.4 million hard-working men and women in the United States, Canada and Puerto Rico.

First Call Analyst:
FCMN Contact:


Source: International Brotherhood of Teamsters

CONTACT: Leslie Miller of the International Brotherhood of Teamsters,
+1-202-624-8734, lmiller@teamster.org

Web Site:

http://www.teamster.org/


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Profile: labor-news


 

Striking Teamsters, Machinists Tired of Being Scrooged by Valley Ford

Striking Teamsters, Machinists Tired of Being Scrooged by Valley Ford

Unions to be Joined by Supporters at Rally for Fair and Equitable Contract

Striking Teamster and Machinist union members will hold a rally on Saturday, December 22, 2007 from 10-12 p.m. at Valley Ford to demand the company negotiate in good faith. The car dealership's current proposal would further decrease wages, reduce benefits to health and welfare and remove the Teamsters from their pension plan.

The workers, who have been on strike since November 1, will be joined by their families, supporters from the community and local union leaders. The unions are asking Valley Ford to abide by the area agreement that is the standard for over 50 dealerships in St. Louis, however the company has refused to consider this reasonable request.

WHO:
Striking Teamsters and Machinists
Labor, community and family supporters
Tom Cole, Teamsters Local 618 Business Agent

WHAT:
Rally for fair contract

WHEN:
Saturday, December 22, 2007
10-12 p.m.

WHERE:
Valley Ford
675 Dunn Road
Hazelwood, MO 63042

VISUAL:


Workers and their families rallying outside Valley Ford. Large, inflatable Grinch outside

CONTACT: Tom Cole of Teamsters Local 618, +1-312-426-4618.

/PRNewswire-USNewswire - Dec. 21/

First Call Analyst:
FCMN Contact:


Source: Teamsters Local 618


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Profile: labor-news


 

NLRB Decision Favorable to Dresser-Rand

NLRB Decision Favorable to Dresser-Rand

HOUSTON, Dec. 21 /PRNewswire-FirstCall/ -- Dresser-Rand Group Inc. ("Dresser-Rand" or the "Company") (NYSE:DRC) reported today that it received notice from Region 3 of National Labor Relations Board that the nearly 16 week strike by Local 313 will be deemed an economic strike, not an unfair labor practice strike as originally alleged by the Union. The unfair labor practice claims were insufficient to give rise to any Company obligation to provide back pay to striking workers, and, additionally, the Company can retain its permanently hired new employees.

Of the eleven claims the Union originally filed against the Company, eight will be dismissed if not previously withdrawn by the Union. It is unknown if the Union will choose to withdraw the charges or face a dismissal. The remaining three charges, which would be subject to further proceedings in the Region, were insufficient to convert the strike to an unfair labor practice strike. Significantly, none of the three remaining charges are related to the negotiating process with the Union. While the Company would have the right to proceed to a full trial to challenge the charges, the Company has agreed to terminate those claims by posting a NLRB notice in the facility.

"Region 3 of the NLRB conducted a very thorough and comprehensive investigation of the matters brought to its attention. Their decision validates the steps we took throughout this process," said Elizabeth C. Powers, Vice President and Chief Administrative Officer. "We put significant time and energy into ensuring that we handled the bargaining process appropriately. We have decided to end this process with the remedy that the NLRB has approved, by posting a notice in the plant, enabling us to move beyond this dispute and redirect our time and energy to where it belongs - serving the clients".

"This decision allows us to focus on our future," said Doug Rich, Director of Operations at Painted Post. "We are moving forward with a full complement of people to operate our facility and we are continuing to provide uninterrupted service to our clients."

"This is an excellent outcome for the Company, our employees and our clients," said Vincent R. Volpe, Jr., president and CEO of Dresser-Rand.

Dresser-Rand is among the largest suppliers of rotating equipment solutions to the worldwide oil, gas, petrochemical, and process industries. The Company operates manufacturing facilities in the United States, France, Germany, Norway, and India, and maintains a network of 27 service and support centers covering more than 140 countries.

This news release may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward- looking statements concerning The Company's plans, objectives, goals, strategies, future events, future revenue or performance, capital expenditures, financing needs, plans or intentions relating to acquisitions, business trends, executive compensation and other information that is not historical information. The words "anticipates," "believes," "expects", "intends," and similar expressions identify such forward-looking statements. Although the Company believes that such statements are based on reasonable assumptions, these forward-looking statements are subject to numerous factors, risks and uncertainties that could cause actual outcomes and results to be materially different from those projected. These factors, risks and uncertainties include, among others, the following: material weaknesses in its internal controls; economic or industry downturns; its inability to implement its business strategy to increase aftermarket parts and services revenue; competition in its markets; failure to complete or achieve the expected benefits from, any future acquisitions; economic, political, currency and other risks associated with international sales and operations; loss of senior management; the Company's brand name may be confused with others; environmental compliance costs and liabilities; failure to maintain safety performance acceptable to its clients; failure to negotiate new collective bargaining agreements; ability to operate as a stand-alone company; unexpected product claims and regulations; and infringement on its intellectual property or infringement on others' intellectual property. These and other risks are discussed in greater detail in the Company's filings with the Securities and Exchange Commission at www.sec.gov. Actual results, performance or achievements could differ materially from those expressed in, or implied by, the forward-looking statements. The Company can give no assurances that any of the events anticipated by the forward-looking statements will occur or, if any of them does, what impact they will have on results of operations and financial condition. The Company undertakes no obligation to update or revise forward-looking statements, which may be made to reflect events or circumstances that arise after the date made or to reflect the occurrence of unanticipated events. For information about Dresser-Rand, go to its website at http://www.dresser-rand.com/.

DRC-FIN


Source: Dresser-Rand Group Inc.

CONTACT: Blaise Derrico, Director Investor Relations of Dresser-Rand
Group Inc., +1-713-973-5497

Web site:

http://www.dresser-rand.com/


-------
Profile: labor-news


 

California Employment Report: Confidence Index Takes Downward Turn; More Workers Concerned About Economy, Job Prospects

California Employment Report: Confidence Index Takes Downward Turn; More Workers Concerned About Economy, Job Prospects

LOS ANGELES, Dec. 21 /PRNewswire/ -- The California Employee Confidence Index reached its lowest level in the past year, dropping 5.8 points to 52.8 in November, according to the latest Spherion(R) Employment Report. This month's survey of California workers, conducted by Harris Interactive(R) on behalf of Spherion Corporation, reveals that more workers believe that the economy is getting weaker and more workers are concerned about their ability to find a new job.

Results from the California Employment Report:
-- More than half (54 percent) of workers believe that the economy is
getting weaker, an increase of 11 percentage points from October.

-- While fifty-three percent of workers are confident in their ability to
find a new job, this is down 13 percentage points from the previous
month.

-- Sixty-seven percent of workers are unlikely to look for a new job, a 20
percentage point increase from October.

"We've enjoyed much success this year in terms of job growth and low unemployment, but current reports from the state show that the wildfires, especially in Southern California, have really taken a toll on businesses and workers," explained Lauren Steel, territory vice president for Spherion. "The good news is that we are still seeing strong job growth in retail and Internet based businesses due to the holidays and believe the effects of the wildfires will subside in the coming months."

Link to full Report & Methodology:

http://spherion.mediaroom.com/pressroom/index.php?s=43&item=485

About Spherion


Spherion Corporation is a leading recruiting and staffing company that provides integrated solutions to meet the evolving needs of companies and job candidates. As an industry pioneer for 60 years, Spherion has screened and placed millions of individuals in temporary, temp-to-hire and full-time jobs. Positions range from administrative and light industrial to a host of professions that include accounting/finance, information technology, engineering, manufacturing, legal, human resources and sales/marketing.

With approximately 650 locations in the United States and Canada, Spherion delivers innovative workforce solutions that improve business performance. Spherion provides its services to more than 8,000 customers, from Fortune 500 companies to a wide range of small and mid-size organizations. Employing 375,000 people annually through its network, Spherion is one of North America's largest employers. To learn more, visit www.spherion.com. For up-to- date career tips and trends, visit Spherion's career blog, The Big Time(SM), at www.spherion.com/careerblog.


First Call Analyst:
FCMN Contact:


Source: Spherion Corporation

CONTACT: Lesly Baer, Spherion Corporation, 1-800-422-3819,
leslybaer@spherion.com

Web site:

http://www.spherion.com/
http://spherion.mediaroom.com/pressroom/index.php?s=43&item=485


-------
Profile: labor-news


 

Teamsters Expand Voter Education Efforts in Iowa as Caucus Approaches

Teamsters Expand Voter Education Efforts in Iowa as Caucus Approaches

Members Across the State Call on Candidates to Address Issues Important to Working Americans

With the Iowa Caucus fast approaching, Teamsters around the state have mobilized to keep issues that are important to working families part of the political debate.

Teamster representatives are currently canvassing worksites between now and the caucus encouraging members to participate in the process and support the candidate of their choice. Details regarding individual candidate events will be provided to the members so they have a chance to attend and voice who they are supporting and why.

While the International has not made a formal endorsement of any candidate, the union prides itself on providing its members with information and guidance to assist them in making an informed decision.

Members of the media can contact the union if they are interested in speaking with our members on the ground in Iowa from now until the caucus on January 3, 2008.

WHO:
Iowa Teamsters

WHAT:


Media availability with members engaged in voter education and mobilization for the Iowa Caucus.

WHEN:
Now until Iowa Caucus.

WHERE:


Teamster members are active all across the state. Please call to coordinate interviews.

CONTACT: Bret Caldwell, +1-202-624-6911, bcaldwell@teamster.org, or Leigh Strope, +1-202-624-6911, lstrope@teamster.org, both of International Brotherhood of Teamsters

/PRNewswire-USNewswire - Dec. 21/

First Call Analyst:
FCMN Contact:


Source: International Brotherhood of Teamsters

Web Site:

http://www.teamster.org/


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Profile: labor-news


 

Carlyle Must Solve Problems in Manor Care Homes

Carlyle Must Solve Problems in Manor Care Homes

The Carlyle Group Still Needs Licenses; Must Fix Poor Staffing, High Deficiencies

WASHINGTON, Dec. 21 /PRNewswire-USNewswire/ -- Now that the Carlyle Group owns Manor Care, it owns its problems, too. After months of contentious debate over the quality of care at Manor Care homes and whether the Carlyle Group is fit to take care of fragile seniors, it is now time for Carlyle to step up and provide the quality care it promised. To bring Manor Care's homes up to standards and expert recommendations, this means increasing staffing and addressing deficiencies from day one.

Though Carlyle has announced the deal closing, at least seven states have yet to transfer licenses as part of the deal, according to the latest information available to SEIU. SEIU encourages those states to continue their close examinations of the deal and the impacts this deal could have on the fragile seniors in Manor Care homes.

"Carlyle has to take responsibility for what happens at Manor Care," said Stephen Lerner of the SEIU. "They must act now to fix Manor Care and protect its fragile residents."

Lawmakers on Capitol Hill and in Michigan, Illinois, Pennsylvania, and Wisconsin have held hearings related to this deal and private equity buyouts of nursing homes. Advocates, regulators, and lawmakers alike have sounded the alarm about the effect that the purely profit-driven private equity industry could have on fragile nursing home residents.

More background at http://www.carlylefixmanorcarenow.org/.


First Call Analyst:
FCMN Contact:


Source: Service Employees International Union

CONTACT: Julie Eisenhardt of SEIU, +1-202-330-3164

Web Site:

http://carlylefixmanorcarenow.org/
http://www.seiu.org/


-------
Profile: labor-news


 

FedEx Ground's Contractor Model Leaves Company Exposed

FedEx Ground's Contractor Model Leaves Company Exposed

Hurts Workers and Bottom Line, Teamsters Warn

WASHINGTON, Dec. 21 /PRNewswire-USNewswire/ -- For the first time, FedEx Corporation (NYSE:FDX) has publicly said regulatory and legal challenges to its employment classifications could result in costs detrimental to its stock price. The statement was buried in FedEx's earnings report released Thursday.

FedEx Corp.'s subsidiary FedEx Ground is the subject of numerous federal agency findings, civil court judgments and state agency rulings that have found its drivers to be legal employees and not independent contractors.

In the company's report filed to the Securities and Exchange Commission (Form 8-K) on Thursday, it said that FedEx Ground "anticipates continuing changes to its relationships with its contractors, which are expected to increase the cost of operations, and it is reasonably possible that such cost increases could be material."

"FedEx is in a full fighting retreat as it tries to defend its illegal contractor model," said Jim Hoffa, General President of the International Brotherhood of Teamsters. "It's time the company takes responsibility for its workers and develops a sustainable and legal business strategy."

On Wednesday, the Massachusetts Attorney General cited FedEx Ground for intentionally misclassifying 13 pickup and delivery drivers as independent contractors rather than employees. FedEx was fined $190,000 in penalties and ordered to fix the employment status and pay the 13 drivers restitution. The AG's investigation in Massachusetts is ongoing.

Recently, the California Supreme Court refused to review a California Court of Appeal ruling that found single route drivers in that state to be misclassified.

In September 2007, FedEx Ground unilaterally terminated contracts for 1,000 drivers in California in the face of repeated court rulings that deemed the FedEx "contractors" to be employees.

The severance or buy-out one-time costs associated with those terminations could be between $25 million and $37 million according to Teamster estimates.

Also in September, FedEx Ground offered new, annual bonuses to multi-vehicle contractors nation wide to increase settlements. In its own analysis, the Teamsters estimated that costs of this "Enhanced Primary Plus" program could be between $15 million and $25 million annually.

For more information, go to http://www.fedexwatch.com/.


First Call Analyst:
FCMN Contact:


Source: International Brotherhood of Teamsters

CONTACT: Donna De La Cruz of the International Brotherhood of Teamsters,
+1-202-624-8721, ddelacruz@teamster.org

Web Site:

http://www.teamster.org/


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Profile: labor-news


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