Beijing
Charlotte
Chicago
Geneva
Hong Kong
Houston
London
Los Angeles
Moscow
New York
Newark
Paris
San Francisco
Shanghai
Washington, D.C.

www.winston.com

In This Issue

1. ORGANIZING
   
   
2. STRIKES & LABOR DISPUTES
   
   
3. MAJOR CONTRACT SETTLEMENTS & NEGOTIATIONS
   
   
4. ADMINISTRATIVE & COURT DECISIONS
   
   
5. LEGISLATION & POLITICS
   
   
6. STATE/LOCAL LEGISLATION LIMITING COLLECTIVE BARGAINING
   
   
7. CRIME & CORRUPTION
   
   
8. MISCELLANEOUS
   
   

1. Organizing

• Local 1500 of the United Food and Commercial Workers filed a petition seeking a representation election for 265 employees of a Target store in Valley Stream, New York. According to the union, there are currently no unionized Target employees anywhere in the United States. The union characterized its election petition as a first step in a coordinated campaign to organize 27 Target stores in New York City and Long Island.

• Airline unions from eight countries announced the formation of a cooperative global organization, the One World of Labor Council, intended to prevent international airline alliances from “diluting” labor rights. The unions represent employees of airlines who are part of the Oneworld global airline alliance, including American Airlines, British Airways, Qantas, LAN Airlines, Cathay Pacific, Finnair, and Japan Airlines. Oneworld airlines employ a total of 311,380 workers. The participating unions agreed to extend “all possible support” to each other in obtaining fair labor contracts and high safety standards. Participating unions include the Transport Workers Union, the Association of Flight Attendants-CWA, and the International Transport Workers Federation, as well as labor unions from Australia, Jordan, Chile, Argentina, Finland, the U.K., and Panama.

• A runoff election will be held to determine the representation of a bargaining unit of 43,000 non-supervisory federal airport screeners employed by the TSA. Neither the American Federation of Government Employees nor the National Treasury Employees Union received a majority of votes cast in an initial election. Under a recent decision memorandum by the TSA, airport screeners may bargain collectively over nonsecurity-related employment issues including performance, attendance, and shifts; they may not bargain over compensation, discipline, security procedures, or proficiency testing. The runoff will likely take place this summer.

[Top]

2. Strikes & Labor Disputes

• In the latest development in the dispute between the National Football League (NFL) and its players, the U.S. Court of Appeals for the Eighth Circuit reinstated the NFL´s lockout of the players, granting a temporary stay of a district court´s preliminary injunction lifting the lockout. The lockout began on March 12, following expiration of the previous collective bargaining agreement and the decision of the NFL Players Association to decertify. As a result of that decertification, quarterback Tom Brady filed a putative class action alleging antitrust violations based on the league´s salary cap. The Eighth Circuit is expected to rule shortly on the NFL´s request that it grant a full stay of the lower court´s order, replacing the current temporary stay. In addition, court-ordered mediation between the parties is scheduled to resume on May 16.

• Seven locals of the Southern California United Food and Commercial Workers, representing 70,000 workers at Ralphs Grocery, Albertsons, and Vons supermarkets, voted to authorize a strike if the parties fail to reach agreement on a new collective bargaining agreement. A prior agreement covering these employees expired on March 6. Negotiations for the prior contract, which took place eight years ago, involved a strike and lockout lasting from October 2003 to March 2004.

• Nurses at five hospitals in Massachusetts, Maine, California, and Minnesota plan to engage in strikes during the first week of May. The nurses, who are represented by affiliates of National Nurses United (NNU), work at Tufts Medical Center in Boston, Massachusetts; St. Vincent Hospital in Worcester, Massachusetts; Eastern Maine Medical Center in Bangor, Maine; Children´s Hospital in Oakland, California; and Range Regional Health Services in Hibbings, Minnesota. The planned strikes range from one to five days. According to a NNU spokesman, each strike is the result of separate local issues. The disputes in Massachusetts, Maine, and Minnesota relate to staffing issues, while the California dispute is the result of the hospital´s attempts to reduce health care coverage.

[Top]

3. Major Contract Settlements & Negotiations

• Collective bargaining data compiled by BNA through April 18 for all settlements showed that the average first-year wage increase was 1.5 percent, compared with 1.6 percent reported in the comparable period of 2010. The median first-year increase for contracts reported to date in 2011 was 1 percent, compared with 1.7 percent in 2010; the weighted average was 1.5 percent, compared with 1.3 percent in the same period in 2010. Factoring lump-sum payments into wage calculations, the all-settlements average first-year increase to date was 1.9 percent, compared with 1.8 percent in the comparable period of 2010. The weighted average was 2.9 percent, compared with 2.2 percent in the same period in 2010.

• The United Steelworkers reached a tentative four-year master collective bargaining agreement with International Paper Company. Although details have not been released, according to the union the agreement includes yearly wage increases, pension plan improvements, and increased employment security, and will cover approximately 7,000 workers at 15 facilities throughout the United States. The union is recommending ratification, and a vote is scheduled for May.

• Employees of UPS Airlines ratified a new labor agreement between UPS and the International Brotherhood of Teamsters, which will cover 1,200 mechanics and related workers. The agreement will become amendable on November 1, 2013. The agreement includes retroactive and future pay increases, such as increases in mechanics´ top pay rate including premiums to $50.31 per hour by May 1, 2013. It also includes continued health care benefits without premiums, work rule improvements, and defined benefit pension contributions for all retroactive pay.

• After more than a year of bargaining, a three-year contract covering 2,700 registered nurses was ratified. The nurses work for Stanford Hospital & Clinics and Lucile Packard Children´s Hospital in Palo Alto, California, and are represented by the Committee for Recognition of Nursing Achievement. Under the contract, the nurses receive a retroactive 4 percent wage increase as well as a future wage increase ranging from 2 percent to 4 percent. The contract also permits nurses to be demoted only after receipt of two written warnings, rather than one, and nurses who lack a bachelor of science in nursing but have 20 years of service at the hospital are exempted from a certification requirement.

• An agreement between the city of Boston and a coalition of unions representing the city´s entire unionized workforce will shift health care costs to employees and retirees and is estimated to save taxpayers $70 million over four years. The negotiations were spurred by proposals to cut public employee benefits and remove health care from public employee collective bargaining. Under the agreement, premiums and co-pays for employees and retirees in non-Medicare health plans will increase from 15 percent to 17.5 percent, and co-pays will increase for emergency room and doctor visits as well as prescription drugs. In addition, retiree contributions to Medicare health plans will go up by 1 percent over the term of the agreement. The 36 local unions involved must ratify the agreement, which is also subject to the Boston City Council passing a law on municipal bargaining.

• Registered nurses at Sutter Roseville Medical Center and Auburn Faith Medical Center in Sacramento, California ratified a three-year agreement covering 1,100 employees. The nurses, who are represented by the California Nurses Association, will receive pay increases of at least 17 percent over the term of the agreement, while health care and pension benefits will remain at current levels. In addition, the agreement provides for improved safety standards intended to prevent back injuries, and includes language stating that new technologies should be used to enhance nursing skills, not to displace nurses.

• Under an agreement between Southwest Airlines, AirTran Airways, the Southwest Airlines Pilots´ Association, and the Air Line Pilots Association, the unions will integrate their pilot seniority lists prior to Southwest´s planned acquisition of AirTran. Under the agreement, which will affect 7,600 employees, the unions will have 90 days to negotiate a fair and equitable seniority list integration; if no agreement is reached, either union may request mediation before the matter is referred to binding arbitration. Also in connection with the planned acquisition, AirTran flight attendants represented by the Association of Flight Attendants-CWA voted to approve a tentative collective bargaining agreement which will provide lump-sum ratification bonus ranging from $450 to $4,100; two 4 percent wage increases; per diem and uniform credit increases; and work rule improvements. The 2,200 flight attendants covered by this agreement will likely become Southwest flight attendants after AirTran is officially acquired by Southwest.

• Employees of AK Steel Corporation in Middletown, Ohio ratified a collective bargaining agreement which will cover 1,700 workers and will provide a $1,500 ratification bonus, 50 cent per hour increases in 2011 and 2012, a 40 percent increase in company contributions to pension funds, and improvements in dental benefits. The agreement also establishes a company-paid fund which will reimburse employees for certain job training programs. The employees are represented by the International Association of Machinists.

• Members of the News Media Group, a local of the Newspaper Guild-Communications Workers of America, tentatively agreed with the Associated Press on two 33-month contracts covering 1,200 editorial and technology workers nationwide. New hires will participate in a defined contribution pension plan rather than a defined benefit plan, and as of July 1 current employees will also be shifted to a defined contribution plan, under which the AP will provide a 6 percent employer contribution. If ratified, the workers will receive an immediate 1.5 percent pay increase plus additional 1.5 percent increases in September 2011 and September 2012. The AP also agreed to freeze current health insurance rates paid by employees for the life of the contract and to not replace future laid off workers with freelancers.

• Writers Guild of America members ratified a three-year contract with the Alliance of Motion Picture and Television Producers, which negotiates on behalf of major networks, studios, and producers. Under the agreement, which will cover 10,500 individuals, workers will receive 2 percent increases in minimum scale rates yearly, and employers will increase pension contributions from 6 percent to 7.5 percent.

• After twenty months of negotiations, hotel workers in Chicago and San Francisco ratified a new contract with Starwood Hotels and Resorts. The four-year contract covers 4,200 employees at the Westin Saint Francis Hotel, Palace Hotel, W Hotel, and St. Regis Hotel in San Francisco and the Sheraton Chicago Hotel and Towers, Westin Michigan Avenue, Westin Chicago River North, W Chicago Lakeshore, W Chicago City Center, and Tremont Hotel in Chicago. The contract is similar to a March contract entered into by employees of Hilton Hotels. Under the agreement, wages for non-tipped employees will increase by $2 per hour over the four years; wages for tipped employees will increase by $1 per hour over the four years; gratuities for banquet servers will increase; per-bag charges for bell staff will go up; and laundry workers´ wages will increase. In addition, employer health care premiums will remain the same under the new contract.

[Top]

4. Administrative & Court Decisions

• The NLRB issued a complaint alleging that Boeing illegally transferred certain production work on its 787 Dreamliner aircraft from Washington state to a new nonunion facility in South Carolina in retaliation for lawful strikes by the Washington employees, who are represented by the International Association of Machinists. The NLRB alleged that the transfer was “inherently destructive” of worker rights, and intends to seek an order requiring Boeing to add a second Dreamliner assembly line in Washington. In response to the complaint, attorneys general of nine states – South Carolina, Virginia, Nebraska, Texas, Georgia, Florida, Alabama, Oklahoma, and Arizona – jointly signed a letter stating that the NLRB´s action constitutes governmental overreaching and will impede economic recovery and development.

• Man bites dog: a former employee of the Amalgamated Transit Union (ATU) filed an unfair labor practice charge, alleging that the union´s president terminated him in retaliation for his efforts to organize ATU employees. David Highnote worked in the ATU´s communications department until his termination in early 2011. His complaint charges that the reason given for his termination – restructuring – was merely a pretext for retaliation. ATU´s president, Larry Hanley, denied any wrongdoing and characterized the charge as politically motivated blackmail.

• A federal judge enjoined Avanti Health Systems LLC from refusing to recognize and bargain with the union representing nurses at a facility which Avanti purchased in bankruptcy. Avanti purchased Community Hospital in Huntington Park, California. Prior to the bankruptcy, the California Nurses Association had represented nurses at Community Hospital. Avanti argued that only 46 percent of the nurses had worked for the predecessor under the terms of a collective bargaining agreement, while the NLRB contended that the correct figure was 64 percent, that Avanti was a successor of the previous owner, and that Avanti violated the NLRA by failing to recognize and bargain with the union. Judge Otis D. Wright found that the union demonstrated that in fact more than 50 percent of nurses had been previously employed by the predecessor. Accordingly, the court ordered Avanti to recognize and bargain with the union while the NLRB considers pending unfair labor charges against it. Small v. Avanti Health Systems LLC.

• Judge Ronald Guzman of the U.S. District Court for the Northern District of Illinois struck down portions of Illinois Public Act 96-898, enacted in May 2010, finding that they were preempted by the NLRA. The Illinois law governed rules for union-represented carpenters, decorators, and electricians who worked at Chicago conventions and trade events. Among other provisions, it included an “exhibitor´s bill of rights” which granted trade show exhibitors more freedom to erect and manage their exhibits and signage. Under the ruling, the Metropolitan Pier and Exposition Authority is barred from enforcing that and certain other provisions of the law. Local 727, Int´l Bd. Of Teamsters v. Metro. Pier & Exposition Auth.

• The U.S. Court of Appeals for the D.C. Circuit overturned long-standing NLRB precedent in holding that a union does not violate the NLRA by disciplining a union member who complies with an employer´s safety rules. The NLRB had found, consistent with its decisions since 1977, that the union, Operating Engineers, Local 513, committed an unfair labor practice by fining an employee for reporting a safety violation. The employee´s safety report had caused the employer, Ozark Constructors LLC, to suspend another union member. The court ruled that because the NLRB had not found that the employee engaged in activity protected by Section 7 of the NLRA, the union´s imposition of the fine could not have restrained or coerced any such behavior. International Union of Operating Engineers, Local 513 v. NLRB.

• A federal court enforced a Providence, Rhode Island ordinance providing that upon transfer of ownership of a hotel or other hospitality business with more than 25 rooms, the new owner must retain the existing employees for at least 90 days. Although the Rhode Island Hospitality Association had argued that the ordinance, enacted in October 2010, was preempted by the NLRA, Judge Mary M. Lisi disagreed. Instead, she ruled that the Hospitality Business Protection and Worker Retention ordinance was “primarily designed to provide temporary job protection to both unionized and nonunionized employees,” and did not intrude into areas protected by the NLRA. Rhode Island Hospitality Ass´n v. Providence.

• The National Mediation Board (NMB) ruled that Frontier Airlines and five other subsidiaries of Republic Airways Holdings Inc., are a single transportation system for pilot representation purposes. As a result, the combined 3,057 pilots will be integrated into one seniority list and will likely be represented by the International Brotherhood of Teamsters, which already represents 2,000 pilots at three of the subsidiaries. In addition to Frontier Airlines, the five other subsidiaries are Lynx Aviation, Midwest Airlines, Republic Airlines, Chautauqua Airlines, and Shuttle America. In 2010, the NMB ruled that Frontier Airlines was a separate transportation system from other Republic subsidiaries for flight attendant representation purposes. In re Application of Int´l Bhd. Of Teamsters.

• The NLRB found that the Teamsters violated the NLRA by entering into and striking to enforce an unlawful subcontracting provision in a collective bargaining agreement with J.H. Lynch & Sons, Inc., a Rhode Island highway construction contractor. Under the agreement, Lynch was prohibited from subcontracting to two specified non-union firms, but was permitted to subcontract to other firms. In an opinion by Chairman Liebman and Members Becker and Hayes, the NLRB rejected the Teamsters´ contention that its primary dispute was with Lynch, and instead found that the agreement was intended to serve an unlawful secondary objective rather than serving to preserve or protect unit work. Material Sand & Stone Corp.

[Top]

5. Legislation & Politics

• The U.S. House of Representatives passed H.R. 658, the Federal Aviation Administration Reauthorization and Reform Act of 2011, which includes a provision repealing the National Mediation Board´s 2010 rule for representation elections. Under that rule, workers voted “yes” or “no” for union representation, with a simple majority of votes cast prevailing, regardless of how many employees actually voted. Under the NMB´s previous and long-held policy, a union prevailed in an election only if a majority of all eligible employees cast a ballot in favor of the union. Prior to passage of the bill, Democrats attempted without success to amend the bill to remove the repeal language. As the version of the bill passed by the Senate did not include the NMB provision, the two versions will have to be reconciled before a final bill is sent to the president.

• NLRB Acting General Counsel Lafe E. Solomon issued a memorandum updating the list of legal and policy issues which its Regional Offices must submit to the Division of Advice before a regional office acts. New items on the list are cases involving extraordinary remedies in unfair labor practice cases, cases involving employer social media policies, and certain cases involving employee disloyalty. The memorandum also incorporated previously listed items, including cases involving neutrality or card check agreements and pre-recognition agreements. Previous memoranda issued by Solomon addressed first-contract collective bargaining situations and unfair labor practice remedies in cases involving union organizing campaigns.

• Attendees at a closed-door AFL-CIO Executive Council meeting expressed anger and disappointment with President Obama´s administration and Democratic members of Congress. At the meeting, union presidents objected to a planned U.S.-Colombia free trade agreement, the decision to focus on cutting debt instead of focusing on job creation, and the failure to extend FEMA´s waiver authority on the Staffing for Adequate Fire and Emergency Response program, which funded emergency services positions.

• The International Association of Fire Fighters is halting its contributions to federal candidates and parties in order to focus its resources on efforts at the state level. The president of IAFF stated that the union was concerned about the increase in state efforts to eliminate public sector collective bargaining rights and weaken union finances. IAFF´s Political Action Committee, FIREPAC, was in the top 1.1 percent of federally registered PACs in terms of money raised, and spent almost $15 million on behalf of federal candidates and parties in the last election cycle.

• The House of Representatives conducted a hearing on “Emerging Trends at the National Labor Relations Board.” Issues discussed included the Board´s decision to overrule case precedent despite the fact that the Board does not have a full panel of five Senate-confirmed members; the Board´s recent decision allowing “bannering” at job sites; NLRB General Counsel Lafe E. Solomon´s decision to confront four States Attorneys General about recently passed Constitutional amendments which the Board believes are preempted by the NLRA and the U.S. Constitution; and the Board´s recent invitation for the filing of amicus briefs in support of pending cases. Also discussed was a proposed rule that would require employers subject to the NLRB to post a statement in the workplace which informs employees of their rights under the NLRA; a January 21 memorandum written by General Counsel Solomon which takes the position that “the board should no longer defer to an arbitral resolution unless it is shown that the statutory rights have adequately been considered by the arbitrator;” and the resource strain that Solomon´s initiative to increase the frequency of certain Section 10(j) cases might cause.

• Representative Tom Price (R–GA) proposed an amendment to the fiscal year 2011 budget bill providing that “none of the funds made available by this Act may be used to pay the salary and expenses of personnel to carry out and implement the National Labor Relations Act.” Proposals were also made to cut the NLRB´s budget by approximately 18 percent, or $50 million dollars. If the NLRB´s budget is cut to this degree, the agency stated that it may furlough employees for three months and otherwise curtail agency operations. Any House approved bill, though, still must gain Senate approval. President Obama has stated that he will veto such a bill if it gets to his desk.

• If the Wisconsin legislature passes Senate Bill 11, state and local employees, with the exception of state troopers, local law enforcement, and fire safety workers, will see significant changes to their bargaining rights. As written, the legislation will limit collective bargaining to wage increases; cap increases to the amount set by the consumer price index unless public referendum approves a greater increase; limit all future contracts to one year; freeze wages until new contracts are ratified; require annual votes to maintain union certification; bar employers from collecting union dues; prevent workers from being required to pay union dues even if they are a union member; and repeal the collective bargaining rights of some state employees.

• The Ohio Senate passed S.B. 5, which dramatically limits public workers´ ability to bargain wages and benefits and outlaws strikes by any public sector employees in Ohio. The bill goes to the Ohio House of Representatives next, which is expected to approve the bill, and Governor Kasich has announced he will sign it into law.

[Top]

6. State/Local Legislation Limiting Collective Bargaining

• Ohio enacted a law restricting collective bargaining rights for public employees and prohibiting them from striking. The law, similar to Wisconsin´s highly publicized legislation, permits public employees – including teachers, police officers, and firefighters – to bargain only over performance-based wages and health care premiums. In addition, under the law, labor disputes will be resolved by lawmakers, not arbitrators. Democratic opponents of the law pledged to try to overturn it via a statewide voter referendum.

• Oklahoma passed a law, effective November 1, 2011, that requires parental consent before a minor becomes a union member or signs any agreement with a union. Under the law, a parent or minor also may rescind any agreement entered into with a union within ninety days, and upon written request a union must refund any money paid to it by a minor where parental consent was lacking.

• The governor of Idaho signed a bill limiting teachers´ collective bargaining rights. Under the law, new teachers will receive one or two-year renewable contracts rather than tenure track contracts, seniority protection during layoffs is eliminated, and collective bargaining for teachers is permitted only for wages and benefits. Further, unions must negotiate teacher contracts at public meetings and must prove that they represent more than fifty percent of school district employees. A previous bill signed into law in March instituted a pay-for-performance system linking teacher pay to student performance. The Idaho Education Association, which represents 12,000 teachers, opposes the law and has filed paperwork to place a voter referendum on the ballot at the next general election to overturn the law.

• The New Hampshire Senate passed a right-to-work bill which was previously approved by the state House of Representatives. The bill provides that no person will be required “as a condition of employment or continuation of employment” to become a union member, to pay dues to a union or a charity or other third party in lieu thereof, or to resign or refrain from union membership. Employers would also be prohibited from deducting union dues without employer authorization. The version of the bill approved by the Senate differs slightly from that passed by the House, and will have to be reconciled into a single version before it is sent to the governor. Although Democratic Governor John Lynch has threatened to veto the bill, New Hampshire´s Republican majorities in both the House and Senate would likely succeed in overriding his veto.

• The Oklahoma legislature has passed a bill that, if signed by the governor as expected, will repeal a 2004 law which required Oklahoma cities of at least 35,000 residents to bargain collectively with municipal employees who want union representation. Passage of the bill, which would affect 12 cities in Oklahoma, would mean that those cities could block organizing campaigns or ignore requests for collective bargaining if they so choose. The law does not affect police officers, firefighters, or teachers and other school district employees.

• The Tennessee House and Senate passed a bill that would prevent labor unions from including in collective bargaining agreements language prohibiting employees from withdrawing from a union or organizing in advance of a contract´s expiration. Proponents of the bill argue that such maintenance-of-membership clauses perpetuate forced union membership and are contrary to Tennessee´s right-to-work policies. The bill does not apply to agreements entered into by cities, towns, or counties. The governor of Tennessee is expected to sign the bill, which would become effective immediately.

• Indiana enacted legislation limiting teachers´ collective bargaining rights, restricting the number of teachers who may sit on decision-making committees, extending the use of temporary teacher contracts, repealing minimum salary and increment requirements, and limiting the topics that are subject to collective bargaining. The law permits teachers to collectively bargain only over salary and wage issues, and agreements are limited to two-year terms. In addition, under the new law, a teacher who brings a frivolous unfair labor practice allegation must pay costs and attorneys´ fees resulting from that allegation. Most provisions of the law will become effective July 1, 2011.

• The Massachusetts House of Representatives passed a 2012 budget that includes provisions restricting the rights of municipal employee unions to bargain over health care, and which would allow cities to unilaterally impose co-payments, deductibles, and other health care costs on employees. Under the bill, collective bargaining units would receive 10 percent of the savings realized by the changes, and unions would be given 30 days to discuss any proposal set forth by a city. However, if the union and city failed to reach an agreement within 30 days, the bargaining unit would receive 20 percent of the savings. Although the Massachusetts Municipal Association estimates that the bill could save cities and towns $100 million per year, the AFL-CIO spoke out against the bill and urged the state Senate to reject it.

• The NLRB intends to sue Arizona and South Dakota over recent amendments to their constitutions, alleging that the amendments are preempted by the NLRA. The amendments require a secret ballot election whenever a union election is permitted by state or federal law. South Carolina and Utah voters recently approved similar constitutional amendments, but the NLRB stated that it would not sue those states at this time to conserve taxpayer resources. The NLRB alleges that under the NLRA, private sector employees have the right to opt for union representation by methods other than a secret ballot, such as the signing of authorization cards. Attorneys general of all four states responded that they would vigorously defend the amendments, which voters approved by large margins.

[Top]

7. Crime & Corruption

• Bruce Raynor resigned from his position as president of the Workers United affiliate of the Service Employees International Union and international executive vice president of SEIU. SEIU had brought internal charges against Raynor, alleging that he misappropriated $2,300 in union funds by falsifying expense reports. Raynor denied that his actions were improper, but agreed to repay the disputed funds. Raynor served as international vice president of two predecessor unions for eight years, and spearheaded the 2009 split of 100,000 workers from UNITE HERE to form Workers United.

[Top]

8. Miscellaneous

• The United Auto Workers (UAW) gained 21,421 members between 2009 and 2010, according to its Department of Labor filings. The UAW had 376,612 members in 2010, an increase over 2009, but still well below its 2002 membership of 638,722. Negotiations over new national master contracts between the UAW and Chrysler, Ford, and General Motors will begin this summer. The current contracts with the carmakers expire on September 14.

[Top] 

If you have questions about items that appeared in this bulletin, or would like to learn more about any of these topics, please contact William Miossi at (202) 282-5708 or (312) 558-6109, or one of the other Labor & Employment Relations partners listed here:

Attorney advertising materials.

These materials have been prepared by Winston & Strawn LLP for informational purposes only and are not legal advice. Receipt of this information does not create an attorney-client relationship. No reproduction or redistribution without written permission of Winston & Strawn LLP.

Along with this briefing, a library of all the Winston & Strawn LLP briefings published to date can be accessed by visiting the Publications Library section of Winston & Strawn’s Web site (www.winston.com).

© 2011 Winston & Strawn LLP