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Optics InfoBase
> Journal of Optical Technology
Multifrequency Bayesian compressive sensing methods for microwave imaging
Electromagnetic subsurface prospecting by a fully nonlinear multifocusing inexact Newton method
Entangled transverse optical vortex
Ultra-wideband microwave photonic phase shifter with configurable amplitude response
On-chip programmable ultra-wideband microwave photonic phase shifter and true time delay unit
Tunable optical microwave generation using self-injection locked monolithic dual-wavelength amplified feedback laser
Wideband co-site interference cancellation based on hybrid electrical and optical techniques
High-efficiency microwave photonic harmonic down-conversion with tunable and reconfigurable filtering
High-speed tunable microwave photonic notch filter based on phase modulator incorporated Lyot filter
Broadband RF disambiguation in subsampled analog optical links via intentionally-introduced sampling jitter
Design of conformal lens by drilling holes materials using quasi-conformal transformation optics
Total broadband transmission of microwaves through a subwavelength aperture by localized E-field coupling of split-ring resonators
In situ endoscopic observation of higher-order mode conversion in a microwave mode converter based on an electro-optic probe system
Tunable wideband microwave photonic phase shifter using on-chip stimulated Brillouin scattering
A novel tunable frequency selective surface absorber with dual-DOF for broadband applications
A metamolecule antenna for coplanar waveguides
Phase noise performance comparison between optoelectronic oscillators based on optical delay lines and whispering gallery mode resonators
Improvement of an infrared/millimeter wave mirror array beam combiner by the wavefront division imaging technique
Replacement of chemical rocket launchers by beamed energy propulsion
Linear polarization characteristics for terrain identification at millimeter wave
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Water Systems
Fimco High Flo 2.1 GPM Sprayer Pump 5275087$56.97
Demand switch models operate only when liquid flow is required. Pump and motor stop instantly when discharge is closed. Diaphragm design eliminates troublesome shaft seal. Pump can be run dry without damage. Ball bearing drive assures longer pump life. Excellent self-priming capability. Santoprene diaphragms and viton valves are standard. Maximum temperature of pumped liquid is 130°F (55°C). Permanent magnet motor and longer life brushes.
- 12 Volt Diaphragm Pump
- 60 psi max pressure
- 8 Amp Draw
- Includes On/Off Switch
- Each pump has an internal fan which cools the pump during operations by up to 50%
- Upgraded pressure switch for longer life
- Motor windings have been increased to help dissipate heat
- Ready for Round-up
Wayne Submersible 1/3 HP Sump Pump RSP130$69.99
The Wayne submersible sump pump moves up to 2820 GPH. Fits 14in. wide opening.
- Includes tethered switch for automatic operation
- Top suction design resists clogging as debris is filtered
- Thermoplastic construction will not rust or corrode
- 1 1/2in. threaded discharge for high-capacity and ease of hookup
- Fits 14in. wide opening
Wayne 115 Volt Transfer Pump 340 GPH PC2$69.99
The Wayne 115V transfer pump is a portable, lightweight pump that is ideal for household use. Plugs into any standard household outlet. The 6ft. suction hose and suction attachment remove water down to 1/8in.
- Corrosion-resistant chrome-plated bronze volute
- 3/4in. chrome-plated bronze connections fit standard garden hoses
- Convenient carrying handle for easy transport
- Self-priming pump
- Removes water down to 1/8in. when water suction attachment is used
- Includes 6-ft. suction hose, water suction attachment and parts kit
- For cold water use only
Delavan 2.0GPM 60PSI Demand Pump 7812-201$59.99
Motor Type: 12 VDC permanent magnet, totally enclosed, non-ventilated
Leads: 14 AWG, 12" long
Duty Cycle: See Heat Rise graph
Temperature Limits: Motor is not equipped with thermal protection. For user safety, optimal performance, and maximum motor life, the motor surface temperature should not exceed 150°F (66°C).(See Heat Rise graph)
Materials of Construction
Housings: Polypropylene
Valves: Viton
Diaphragm: Santoprene
Fasteners: Stainless Steel
Motor Shell: Coated Steel
Type: 3 chamber positive displacement diaphragm pump, self priming, capable of being run dry, demand or bypass mode
Certifications: CE Approval
Liquid Temperature: 140°F (60°C) Max.
Priming Capabilities: 14 feet (4 m)
Max Pressure: 60 PSI (4.4 bar)
Inlet/Outlet Ports: 3⁄8" FNPT
Weight: 6 lbs (2.7 kg)Learn More
Wayne Submersible Utility Pump - 1 1/4 in. Port, 1740 GPH, 1/5 HP VIP15$59.99
1/5 HP motor is oil-cooled and thermal-overload protected to prevent burn out. This unique utility pump passes 1/2in. solids such as leaves, pebbles, and other debris without clogging. Drains water to 1/8in. of surface.
- Thermally protected motor
- Bottom suction design removes water down to within 1/8in. of surface
- High capacity 1 1/4in. NPT discharge port
- Quick Disconnect 8ft. power cord
- 3/4in. adjustable discharge adapter connects to standard garden hose
- Easy-access handle for complete portability
- UL and CSA listed
Tuthill/Fill-Rite Chemical Viton O Hand Lever Pump FR20V$76.99
Product Description
Tough, Reliable, Long-lasting - Fill-Rite hand pumps deliver fluids quickly and easily. Whether you're transferring gasoline, oil or diesel, select from a variety of Fill-Rite hand pumps. The economical way to transfer tough industrial fluids easily, safely and accurately. Perfect for barrels, storage tanks and drums. Transfers at approximately 11 fl. oz. (325ml) per stroke. Fluorocarbon Seals. 360[DEG] Locking Ring. Anti-Drip Nozzle. Telescoping Suction Pipe. 2" NPT Bung Adapter Hose Adapter
Material Polypropylene Type Piston Hand Pump Delivery Rate 11 oz/min Hose Size 1" Intake, 3/4" Discharge Applications For use with ATF and motor oils UPC 094718840690
Wayne 1/3 HP Thermoplastic Pedestal Pump with Vertical Float Switch PTU30$69.99
- Pumps Up To 3200 GPH @ 0'
- Reinforced, Corrosion-Resistant Thermoplastic Pedestal Sump Pump
- Adjustable Vertical Float Switch Allows For Easy Changes In Operating Cycle To Fit Application
- Top Suction Design Filters Debris and Minimizes Clogging
- Designed for Easy Installation Without Any Plumbing Changes
- High Performance 1/3 HP Motor
- Corrosion Resistant Reinforced Thermoplastic Construction
- 1-1/2" NPT Discharge And Thermoplastic Base
- Will Replace Most Submersible Sumps Without Any Plumbing Changes
- Designed For 14" Diameter Or Larger Sump Basins
Decko Superior Thermoplastic Sump Pump 1/3 HP w/ Tethered Float Switch 92330$69.99
- Continuous duty, thermally protected - split capacitor motor
- Pumps will lift water up to 25' of vertical height
- Tough thermoplastic construction
- Large 1-1/4" or 1-1/2" discharge for high capacity pumping
- Can be used as a utility pump by removing the float switch
- Amps: 4.1
- Construction: Thermoplastic
- Switch Type: Tethered
- Discharge Size: 1-1/4" or 1-1/2"
- Discharge Type: Top
- Cord Length: 10'
- Solids Handling: 1/8"
- Impeller Type: Thermoplastic
- Warranty: 1 Year
Pacer Pump Rebuild Kit for 706 IMP P-58-702EP-U$69.97
Rebuild kit includes internal components required for rebuilding Pacer 206cc self-priming water and chemical transfer pump.
Kit includes:
- 1 impeller
- 1 volute
- Shaft seals
- EPDM elastomers
Pacer Pump Volute P-58-0702-30$54.99
- Flat
- Polyester

subset: commoncrawl


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What does NWF mean in Military?
This page is about the meanings of the acronym/abbreviation/shorthand NWF in the Governmental field in general and in the Military terminology in particular.
Nuclear Weapons Facility
Find a translation for NWF in other languages:
Select another language:
Discuss this NWF abbreviation with the community:
Use the citation below to add this abbreviation to your bibliography:
"NWF." Abbreviations.com. STANDS4 LLC, 2014. Web. 22 Dec. 2014. <http://www.abbreviations.com/term/157834>.
NWF also stands for:
- National Wildlife Federation
- National Wildlife Federation (USA)
- National Wrestling Federation
- Natural Wood Finish
- Naval WarFighting
... and 9 more »
Nearby & related abbreviations:
Alternative search:
- Search Nuclear Weapons Facility on Amazon.com
- Search Nuclear Weapons Facility on Google


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Whether you are at home, traveling, or simply somewhere that the urge to knit over takes you, it is good to have some basic supplies to hand.
If you are a sock knitter; a small sack with sock yarn, needles to match, two stitch markers, a coil-less safety pin (in case you drop a stitch), and a pattern. A tapestry needle to close up the toe may come in handy if you are nearing the end. You can easily keep this in your car, briefcase, tote or purse for knitting on when you have time and desire.
Scarf knitters can do the same, a small bag with yarn, needles to match, two stitch markers, a coil-less safety pin ( in case you drop a stitch), and a pattern.
Any small project will do in a pinch. One thing I have been meaning to do is to put my scrap yarn, by that I mean leftovers from other projects, into bags. These bags would each contain yarn in like weights, materials and pleasing color combinations. Packed with needles to match and instructions for mitered squares. I would work these scraps as squares joining them as I made them to form a small blanket.
Alter my suggestions to suit your needs and tastes, and I bet there are endless combinations of what knitters carry with them.
Of course, sometimes when traveling you run across a great yarn store, and you want to do your part to keep these enterprises in business. So you pick out yarn, pattern, and needles and possibly start a project right there on the spot.
The possibilities for emergency knitting are endless, I have raced out to the car to get the sock in progress I keep there when I have an unexpected wait or just need a moment to sit and regroup. Small projects such as the above mentioned socks and scarves, can be enlarged to include hats, baby booties, bibs, dish cloths, or any project that you wish. One caveat may be, to choose a project that does not requires your full attention or the need to check the pattern constantly. On the other hand if you need to block out the world around you, pick a project that requires your complete focus. You never know when the need will strike.
Happy knitting.


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Tea Time Doilies - Crochet Patterns
by Leisure Arts
$6.00 $5.63
Item: LA3104 - Type: Crochet Patterns.
An elegant doily adds a classic touch to any room. In this leaflet, you'll find extraordinary doily patterns along with beautiful photography that will inspire you to create an elegant selection of doilies.
123Stitch.com ships via the U.S. Postal Service to anywhere in the world. Orders to the U.S. typically arrive 3-5 days after we ship.
Shipping charges are shown in your shopping cart every time you add an item.
If you are not completely satisfied with any of our products, you can return it to us within 30 days for a full refund.
|More Items Like Tea Time Doilies - Crochet Patterns
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|Extra-Special Doilies - Crochet Patterns by Leisure Arts
With names like "Excellent", "Exquisite", and "Exciting", these 8 thread crochet doily designs by Mary Werst are "extra-special!" Each is perfect for any decor and will be admired by all. Easy-to-follow instructions and color photography.
(1 review)
Crochet Patterns - Item #LA3588 - See More Items Like This
|$9.95 $8.94
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|Year Of Doilies Book 5, A - Crochet Patterns by Leisure Arts
Thread crochet doesn't get any better than this! Thread crocheters can choose from a dozen beautiful heirloom doilies - one for each month of the year. From a white doily on a red velvet pillow for February and a springtime green design for March.
Crochet Patterns - Item #LA3706 - See More Items Like This
|$9.95 $8.94
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|Doilies With Flair - Crochet Patterns by Leisure Arts
Beginning crocheters will enjoy honing their skills with these unique and beautiful doily patterns -- all perfect as delicate accents or one-of-a-kind gifts! 8 fun-to-do projects come with plenty of color photographs and easy-to-follow instructions. Pattern included: Pineapples, Scalloped Pineapples, Lacy Fans, Sunset, Snowflake, Pretty Picots, Shining Star, Heart's Desire.
Crochet Patterns - Item #LA3215 - See More Items Like This
|$5.95 $5.58
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|Delightful Doilies - Crochet Patterns by Leisure Arts
Crocheted doilies add a light touch of elegance wherever they're placed. Make a bouquet of roses, a merrily spinning pinwheel, a fresh pineapple accent, and more to lend graceful charm to your favorite furniture. With 6 delightful patterns, there's a doily for every room in your home. Little Book format has 6 doilies to crochet with bedspread weight (size 10) cotton thread: Lacy Delight (20" diameter), Captivating Delight (16" diameter), Pinwheel Delight (13" diameter), Heavenly Delight (18" diameter), Pineapple Delight (17 3/4" diameter), Rose Delight (21" x 16 1/2" oval)
Crochet Patterns - Item #LA75024 - See More Items Like This
|$2.99 $2.80
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|A Baker's Dozen Easy Crochet Doilies - Crochet Pattern by Annie's Attic
From whimsical to lacy, this collection of 13 easy and colorful doilies and 2 runners will complement any decor in your home! All but 2 designs use size 10 thread. Stitch designs include pineapples, filet, shells, scallops and more! Skill Level: Beginner.
(1 review)
Crochet Patterns - Item #AA-871403 - See More Items Like This
|$9.95 $8.49
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|Crochet Beyond the Basics - Crochet Pattern by Leisure Arts
Ready to take your crochet to the next level? Crochet Beyond the Basics by Rita Weiss and Susan Lowman brings you a sampling of 10 time-honored crochet techniques, with beautiful projects to put your new skills to practice. Features include Bruges Lace Crochet (doily and heart centerpiece), Tunisian Crochet (bookmark and Christmas tree afghan), Broomstick Lace Crochet (hat and afghan), Symbol Crochet (doily and scarf), Hairpin Lace (stole and scarf), Irish Crochet (four edgings and doily), Filet Crochet (quilt block pillow and Home Sweet Home wall hanging), Polish Stars (poncho), Tapestry Crochet (ornaments and tote bag), and Mosaic Crochet (basketweave placemat). If you've been yearning to learn something new, this book is the perfect guide! 64 pages
Crochet Patterns - Item #LA6321 - See More Items Like This
|$14.99 $14.08
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|Dozen Doilies - Crochet Patterns by Leisure Arts
Doilies are beautiful accent pieces for the home. With this leaflet you get 12 gorgeous designs that you can work in different colors for each month, or create as gifts for birthdays and holidays. Easy instructions make the projects a cinch! Patterns included: Alexandra, Alicia, Amelia, Amanda, Agatha, Anastasia, Arabella, Ariella, Audrey, Augustina, Agnes, Abigail,
(1 review)
Crochet Patterns - Item #LA2934 - See More Items Like This
|$7.00 $6.57
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|Pineapple Doilies - Crochet Pattern by Leisure Arts
Show off your creative side with these 6 pineapple motif designs for doilies. From the quick-and-easy Four-Square Pineapple to the challenging Posh Pineapple, a hexagon of richly textured stitches, you'll do great -- just follow the diagrams!
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|$3.50 $3.28
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|Doilies With Symbol Crochet - Crochet Pattern by Annie's Attic
These 7 timeless doilies are made using size 10 and 20 crochet cotton thread and 6-strand embroidery floss. Each pattern includes written instructions as well as the symbol crochet diagram and stitch key. For those not familiar with symbol crochet each symbol represents a stitch as it looks on the right side of the work. To make it easy to understand how to read symbols we've included an Introduction to Symbol Crochet that explains everything you need to know about symbols. Sizes range from 12" to 17" in diameter or 13" square. Five doilies made using size 10 crochet cotton thread, 1 doily made using size 20 crochet cotton thread, and 1 doily made using size 10 cotton thread and embroidery floss. 36 pp. Skill Level: Easy to Intermediate
Crochet Patterns - Item #AA-871241 - See More Items Like This
|$8.95 $7.59
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|Lovely Decor in Filet Crochet by Leisure Arts
Lovely Decor in Filet Crochet presents 7 designs by Susan Lowman, featuring an airy stitch she calls "Lacet." The designs portray a butterfly, cactus, house, lighthouse, Love Never Fails quote, piano, and rose. You choose the size of thread to use (10, 20, 30 or 40 weight cotton) based on the look and size you want to achieve. The finer the thread, the more delicate the look and the smaller the finished size will be. Smaller pieces are ideal for framing or to use on the fronts of scrapbooks or photo albums. Larger pieces are perfect for displaying on pillows, table toppers, and wall hangings. Have fun adding these lacy luxuries to your home! They also make excellent birthday, housewarming, secret sister, and Mother's Day gifts.
(1 review)
Crochet Patterns - Item #LA5126 - See More Items Like This
|$7.95 $7.46
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|The Best of Bernat Dish Cloths - Crochet and Knit Patterns by Bernat
Delightful and practical dish cloths for all skill levels to knit and crochet. Great for around your home, and make excellent gifts for wedding showers or housewarmings. Patterns include "Lacy Scallops Dish Cloth", "Doily Dish Cloth", "Granny Square Dish Cloth", "Lace Dish Cloth", "Simple Crochet Dish Cloth", "Rippled Dish Cloth", "Basketweave Dish Cloth", and "Simple Knit Dish Cloth". Patterns range from Beginner to Intermediate.
Crochet Patterns - Item #BT-530141 - See More Items Like This
|$3.95 $3.33
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|Complete Guide To Thread Crochet by Leisure Arts
This all-in-one guide has everything you need to know about crocheting with bedspread weight cotton thread and takes the guesswork out of symbol crochet, filet crochet, no-sew joining, & crocheting with decorative beads. 25 Great projects are included.
Crochet Patterns - Item #LA3225 - See More Items Like This
|$9.95 $9.34
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|Learn to do Filet Crochet in Just One Day by Annie's Attic
Even beginners to crochet can follow the lessons in this release from American School of Needlework and learn the skills needed to enter the wonderful world of filet crochet. Charted designs range from beginners to more advanced levels
Crochet Patterns - Item #ASN1281 - See More Items Like This
|$8.50 $7.22
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|Absolutely Gorgeous Doilies - Crochet Patterns by Leisure Arts
These pretty crochet patterns come in striking shapes and are absolute delights to behold. Several of the 18 intricate designs include raised stitches, giving them an irresistibly touchable look. Step-by-step instructions and color photos are included. Patterns included: Park Avenue, Pineapple Patch, Sunflower Bloom, Pineapple Passion, Pretty Pineapples, Windsor Round, Windsor Oval, Pineapple Round, Pineapple, Oval, Penny Lane, Harmony, Pineapple Wheel, Peacock Pride, Elegant Pineapple, Perfect Pineapple, Majestic, Pineapple Bloom, Pineapple Song.
Crochet Patterns - Item #LA2879 - See More Items Like This
|$8.95 $8.04
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|48-Hour Afghans - Crochet Patterns by Leisure Arts
Here are 12 beautiful throws that work up quickly, and each can be completed in only 48 hours. Perfect choices when your time is limited, they are fun to crochet using interesting and trendy yarns. Projects include a stadium blanket and throws. 32 pages.
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|On Clearance!
$8.95 $4.99
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|Plush & Pretty Afghans (Vaughan) - Crochet Patterns by Leisure Arts
The beloved Victorian-style art of Paula Vaughan has been the source of several best-selling cross stitch leaflets published by Leisure Arts. Now, her charming paintings and watercolors inspire this collection of six stunning afghans by Barbara Shaffer.
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|$8.95 $8.40
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|Fast-To-Finish Afghans - Crochet Patterns by Leisure Arts
Afghan lovers can create these 6 alluring afghans in no time, with the time-saving techniques of designer Anne Halliday. Easy-to-follow instructions and color photography make this collection a must-have in every crocheter's library. Patterns included: Lacy Accent, Handsome Plaid, Touch of Violet, Waves of Color, Scallops, Stripes Galore.
Crochet Patterns - Item #LA3586 - See More Items Like This
|$6.95 $6.52
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|Hip 2 B Square Throws 4 Home - Crochet Pattern by Leisure Arts
Hip 2 B Square: Throws 4 Home by Melissa Leapman presents endless possibilities for afghans featuring your choice of 15 mix-and-match crochet squares. Five exciting inspiration projects with 8 squares in medium weight yarn will get you going! The squares in this and other Hip 2 B Square books work together beautifully when you use the same weight of yarn and the same size crochet hook. Five throws to crochet (Cables 'n Ribs, Checks 'n Flowers, Polka Dots, Sampler, and Zesty Popcorns) using one or more of fifteen squares (Cabled Braids, Cables 'N Ribs, Daisy, Concentric Circles, Zinnia, Checkerboard, Garden Flower, Teardrops, Textured Vees, Wavy, Zesty Popcorns, Polka Dots, Snowflake, Mitered Square, and Cross Stitch Stripes).
Crochet Patterns - Item #LA5281 - See More Items Like This
|$9.95 $8.94
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|Learn to Tat with Interactive DVD by Annie's Attic
Learn the beautiful art of tatting with the step-by-step instructions and interactive DVD presented in this book from American School of Needlework. 48 pages
Crochet Patterns - Item #ASN3766 - See More Items Like This
|$14.95 $12.70
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|Afghans Of Choice - Crochet Patterns by Leisure Arts
Celebrated designer Barbara Shaffer presents seven gorgeous decorator afghans crocheted with today's favorite yarns in popular shades. These upscale designs are perfect for home decorating or to grab as a cuddly wrap on cool days or evenings. Patterns included: Unsurpassed, Excellent, Superb, Finest, Exceptional, Outstanding, Ultimate.
Crochet Patterns - Item #LA3687 - See More Items Like This
|$7.95 $7.46
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|Dishcloths By The Dozen - Crochet Patterns by Leisure Arts
These 12 knit and crochet designs are perfect for people who know one method and want to learn the other! Dishcloths are small, easy and quick. Beginners will love it!
Crochet Patterns - Item #LA75000 - See More Items Like This
|$3.50 $3.28
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|Best Of Terry Kimbrough Afghans - Crochet Patterns by Leisure Arts
Crocheters of every skill level will love these beautiful afghans by designer Terry Kimbrough. Perfect for gift-giving or display in the home, each of the 26 throws comes with easy-to-follow directions and color photography of the completed project. Patterns included: Tantalizingly Teal, Exquisite Shells, Ribbons & Lace, Victorian Garden, Lacy Diamonds, Peachy, Tea Time, Boudoir, Pansy, Wildflowers, Vintage Lace, Timeless Lace, Grandma's Lace, Handsome for Him, Pretty Pansies, Shells Galore, Simple Stripes, Aran Comfort, Hearts Aplenty, Snowglories, Wedding Ring, Lacy Valentine, Absolutely Gorgeous, Rosebud, Loving Hearts, Bouquet of Shells
Crochet Patterns - Item #LA3209 - See More Items Like This
|$12.50 $11.74
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|Beautiful Afghans - Crochet Patterns by Leisure Arts
Lend a touch of old-fashioned elegance to your home with this lovely trio of Victorian afghans! These lacy throws, each featuring a romantic edging, come with clear instructions and beautiful color photography. Patterns included: Grandeur, Queen's Trellis, Splendor
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|$3.50 $3.28
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|Doilies in Color - Crochet Pattern by Annie's Attic
Roses, Gardenias, Marigolds and Forget-Me-Nots all burst into bloom in these nine colorful crochet patterns. Used as a work of art, these doilies make fabulous accents to any room and blend a touch of yesterday with the look of today. All are made using size 10 crochet cotton thread and range in size from 12" to 20". Skill Level: Easy to Experienced.
Crochet Patterns - Item #AA-871124 - See More Items Like This
|$8.95 $7.59
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|Beautiful Bullions - Crochet Pattern by Annie's Attic
With a little practice you'll learn the Bullion stitch easily. Included are photo steps and easy-to-follow instructions for 8 great designs made using size 10 crochet thread or sport-weight yarn. By Kathryn White. Skill level: experienced.
Crochet Patterns - Item #AA-871233 - See More Items Like This
|On Clearance!
$9.95 $4.96
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|Stylish Rugs For Every Room - Crochet Patterns by Leisure Arts
These beautiful plush rugs from designer Anne Halliday are quick and fun to work up using specialty yarns like thick chenille, extra plush, and super chunky. Simple patterns give you the freedom of choosing the textures and styles to enhance your home.
Crochet Patterns - Item #LA3782 - See More Items Like This
|$7.95 $7.46
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|Keepsake Baby Afghans - Crochet Patterns by Leisure Arts
These seven lacy and lovely afghans work up quickly in sport weight yarn for a special baby! The centers of these afghans finish in a flash, leaving you time to add the elegant edgings that give the wonderful wraps their old-fashioned charm. Patterns included: Lacy Treasure, Heirloom Ruffles, Dainty Keepsake, Nostalgic Wrap, Sweet Memento, Delicate Souvenir, Cherished Reminder
Crochet Patterns - Item #LA3281 - See More Items Like This
|$7.00 $6.29
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|Beginner's Guide to Thread Crochet - Crochet Pattern by Leisure Arts
Beginner's Guide to Thread Crochet by Rita Weiss is an illustrated book of step-by-step instructions devoted to one of the great joys of crochet: creating beautiful lace with a steel crochet hook and fine thread. Learn all about the stitches and techniques; then put your skills to practice with 15 lovely projects, from coasters to an elegant shawl. There also are special helps such as how to increase and decrease, read a pattern, achieve gauge, and starch and block a finished project. Designs include Elegant Edging, Quick Edging, Shells and Clusters, The Royal Edge, Lovely Lacy Scarf, Sea Shell Doily, Summertime Shawl, Lyric Shawl, Delightful Doily, Spring Coasters, Table Runner and Place Mat, Pinwheel Doily, Lacy Capelet, and Sachets. 48 pages
Crochet Patterns - Item #LA6354 - See More Items Like This
|$12.99 $12.20
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|Contest Favorites-Mile-A-Minute Afghans - Crochet Patterns by Leisure Arts
These afghans go the extra mile in creativity -- a mile a minute, in fact! Allow our step-by-step instructions and full-color photographs to take the mystery out of these 30 afghans, all designed by readers of Crochet With Heart magazine.
Crochet Patterns - Item #LA3144 - See More Items Like This
|$9.95 $9.34
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|Quick & Easy Q-Hook Afghans - Crochet Patterns by Leisure Arts
Here's a handy little guide to seven beautiful Q-hook afghans you can make in a jiffy! Projects include a lacy rose wrap, a warm throw composed of zippy zigzags, and five more touchably textured afghans. Patterns included: Comforting, Breezy, Romance, Zippy, Simplicity, Daydream and Refreshing.
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|$3.50 $3.28
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|Filet Afghans - Crochet Pattern by Leisure Arts
Filet crochet isn't just for doilies anymore! These eight charted designs for afghans finish quickly, with pretty images of birds in flight, easy geometrics, a delicate butterfly, or Art Deco florals. You'll race through the rows of simple stitches, adding the lacy look of filet crochet to your home in a bold new way with an afghan for every room! 8 Designs by Michele Mireau to crochet using medium weight yarn: Mulberry Ripple, Blue Seagull Fantasy, Blueberry Diamonds, Lilac Mosaic, Peach Opposites Attract, Pink Butterfly, Grey Simply Squares, and Yellow Springtime. Each design is worked by following a square-grid chart, where open squares represent working "ch 1, dc" and colored squares indicate "2 dc." 32 Pages.
(3 reviews)
Crochet Patterns - Item #LA5584 - See More Items Like This
|$9.99 $8.98
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|Color-Charged Throws - Crochet Patterns by Leisure Arts
Vibrant hues dance across these fresh crochet afghans in the must-have colors of the '70s. These easy-to-make throws are excellent for beginners. Teens and pre-teens will enjoy fashioning any of the 7 color-charged and totally groovy projects. Patterns Included: Oops My Nails, Beach Volley, Psychedelic, Super Diva, So Fresh, Sugar Free, Meeting the Parallels
Crochet Patterns - Item #LA3528 - See More Items Like This
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|Love Me Tender Baby Afghans - Crochet Patterns by Leisure Arts
Crochet lovers will adore these eight precious afghans, all of which feature a heart-shaped pattern. From a pretty pink wrap to a rainbow-hued shower of hearts, these designs are perfect for those very special little ones. Patterns included: Tender Hearts, Giggles & Hearts, Treasured Hearts, Snuggly Hearts, Sweetest Hearts, Hugs & Hearts, Gentle Hearts.
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|Beauty of the Earth Afghans - Crochet Patterns by Leisure Arts
This collection of designs by Anne Halliday offers 6 nature-inspired afghans for you to capture in crochet. Find the afghan that calls to your creative side; then go a little wild with the beauty of crochet. Each afghan was made with medium/worsted weight yarn and a size H crochet hook. With 5 for intermediate skills and 1 for advanced, the designs feature ripple, wavy ripple, cluster, pictorial cluster and chain loop patterns. Patterns included: Ocean Waves, Snow, Sunset, Forest, Sunshine, Mountains
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|Snuggletime Baby Afghans - Crochet Patterns by Leisure Arts
This is a cute member of Leisure Arts' Little Books series. This small leaflet is ready to go anywhere with you! Convenient size and easy patterns make creating that perfect baby afghan a cinch!
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24th District
(Bibb, Choctaw, Greene, Hale, Marengo, Perry, Sumter, Tuscaloosa)
Senator Bobby Singleton serves the 24th District of Alabama with his relentless effort to mandate community, economic, environmental, financial, and youth development improvements. He is from Greensboro, AL and is the owner of Black Belt Technologies, L.L.C.
Senator Bobby Singleton was elected to the Alabama Senate, January 25, 2005, to fill the unexpired term of former Senator Charles Steele, who resigned. He was elected to his first full term, November 7, 2006, and his second term on November 2, 2010. He is the Economic Development Chairman of the West Alabama Rural Action Commission (WARAC) for Region 2.
He formerly served in the Alabama House of Representatives, 2002 until his election to the Senate. In 2007, Senator Singleton was appointed by then-Governor Bob Riley as the WARAC Economic Development Committee Chairman. He also was appointed by then-Lt. Governor Jim Folsom to the Alabama Emergency Communication District Long-Range Study Commission (E-911) Committee in which he served as chairman under the Administrative Sub-Committee.
Senator Singleton received his B.S. degree from Alabama State University and his J.D. from Miles Law School. He is a Democrat and a member of Greenleaf Missionary Baptist Church in Greensboro. His hobbies include hunting, travel and fishing.


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Saturday, 20 December, 2014
The Wool Industry
Because there is a market for sheep fleece and skins, they are treated as nothing more than wool-producing machines. Shearers are usually paid by volume, not by the hour, which encourages fast work without regard for the welfare of the sheep.
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Tuesday, April 22, 2014
African lions and dinosaurs, musical plastics and electricity: The sights and sounds of the 1964-65 World's Fair
The World's Fair of 1964-65 opened fifty years ago today! We visited this unusual New York mega-event on the podcast a few years ago. Give this show a listen to get a good introduction to our city's strangest celebration of the future. You can listen to it here or download it from the Bowery Boys Archive:
With its dozens of special pavilions, with its dazzling displays of technology and innovations, the World's Fair of 1964-65 was an especially filmic event, with corporations making canned industrial films to promote their participation in the event. Here's a few notable (and often cheesy) examples:
Start with this introductory video, reported by Lowell Thomas, best known as the man who made Lawrence of Arabia famous. He was loosely depicted in the Oscar-winning from a couple years before.
This film on the Florida Pavilion could have been taken from an episode of Leave It To Beaver. "In this film, viewers learn about the dolphins that performed at the New York World's Fair."
The Sinclair Oil Corporation created its own Jurassic Park, Sinclair's Dinoland. After all, it was an oil company! Get it? This attraction also had some of the most popular souvenirs.
Sinclair could fuel your Ford to get to the fair. So why not celebration the Ford Motor Company at its automobile fantasia -- the Ford Motor Skyway, designed by Walt Disney!
For a continental view of the park, British Pathe made this amusing promotional documentary:
But this film is my absolute favorite, most likely meant for American classrooms -- a celebration of the creation of the Unisphere! It features Robert Moses, the Crystal Palace, the Eiffel Tower and an amazingly weird mod spider sculpture.
Here's a good time, toe-tapping tribute to plastics, in a musical tribute by DuPont. "The Wonderful World Of Chemistry" was staged at the DuPont Pavilion 48 times a day.
Over at the Johnson Wax Pavilion, you would have experienced this unusual documentary short -- To Be Alive, directed by Francis Thompson and Alexandr Hackenschmied (known as the cinematographer of Maya Deren's Meshes in the Afternoon). The following year, the film was the Academy Award for Best Documentary Short!
Eastman Kodak also had a pavilion and released this film about how to take the best pictures at the World's Fair. Of course, today, this looks like the most Instagrammed film in history:
New York created a special "Subway Special" to get from Manhattan to the World's Fair. This became today's 7 train and still one of the easiest ways to get out to Flushing-Meadows. It also comes with a catchy tune!
And finally, here's a selection of beautiful shots from Life Magazine, most taken in April 1964 in promotion for the fair:
The United States Pavilion featured a 15-minute film-ride on American history that culminated in its infamous Hall of Presidents (photographed by George Silk):
In another George Silk photograph, Masai tribesmen dance at the African Pavilion which featured caged lions, a museum of African artifacts, and a "tree-house restaurant" featuring the decidedly unauthentic "African Punch."
Several structures at night, including the Tower of Light and Walt Disney's Progressland Pavilion (the domed building at top) for General Electric, "showing the role of electricity in the progress of man." [Here's the brochure.]
The fiberglass tent atop the New York State Pavilion's Tent of Tomorrow, the framework of which still stands like a ruin out in Flushing-Meadows. (Life/George Silk)
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New Year Soccer Resolutions….
The glories of 2006 have all but faded into the past as Waiuku gets ready for another season of outstanding football in the New Year. Can we top last year? As Bob the Builder would say…"Yes we can!"
Welcome to the first newsletter of 2007 as we prepare for the new season – the first training day is just a couple of days away! Yep, this Sunday (Jan 21) at the George Street grounds there's a training, weigh-in, speed tests and a few other bits and bobs for any player looking at Prems or Reserves (Mens). Anyone else is welcome for the time trials though, so if you are trying to get yourself into some sort of shape for 2007 and want to a bit more incentive, turn up and we'll check your current status.
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Bommicino et al v. General Motors, LLC et al
Filing 73
ORDER and OPINION granting 53 General Motors' Motion for Summary Judgment and granting 56 the Union's Motion for Summary Judgment. Signed by Judge Julie E. Carnes on 3/23/12. (ddm)
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CHARLES BOMMICINO, Plaintiff, CIVIL ACTION NO. v. 1:10-cv-2400-JEC GENERAL MOTORS, LLC f/k/a GENERAL MOTORS CORP., UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 10, et al., Defendants. ORDER AND OPINION This case is presently before the Court on defendant General Motors, LLC's ("General Motors") Motion for Summary Judgment [53] and defendant United Automobile, Aerospace & Agricultural Implement Workers of America, Local 10's (the "Union" or "Local 10") Motion for Summary Judgment [56]. The Court has reviewed the record and the arguments of the parties and, for the reasons that follow, concludes that defendant General Motors' Motion for Summary Judgment [53] is GRANTED and the Union's Motion for Summary Judgment [56] is GRANTED. AO 72A (Rev.8/82) BACKGROUND I. PLAINTIFF'S EMPLOYMENT AND TERMINATION Plaintiff Charles Bommicino was an hourly employee of defendant General Motors and worked as a forklift mechanic at the Doraville, Georgia assembly plant. (Def. General Motors Statement of Material Facts ("GMSMF") [53] at ¶ 1.) Plaintiff was also a member of the local chapter of the UAW: defendant Local 10. (Union's Statement of Material Facts [56] at ¶ 1.) In approximately November 2005, General Motors announced it was closing the Doraville assembly plant, along with four other facilities. (GMSMF [53] at ¶ 3.) In connection with the plant closure, General Motors offered a "Special Attrition Program" ("SAP") to hourly employees at Doraville in 2008. ¶ 4.) (Id. at The 2008 SAP was a collectively bargained agreement ("CBA") between General Motors and the UAW consisting of enhanced benefits upon termination voluntary basis. of employment available to UAW members on a (Id. at ¶ 5.) Under the 2008 SAP, employees could select one of four options under which they could either retire or quit in exchange for enhanced retirement benefits and/or a lump sum settlement. (Id. at ¶ 7.) Plaintiff signed up for the SAP on May 22, 2008, electing to retire under "Option 1" on October 1, 2008 with certain retirement benefits, subject to benefit plan terms, and a lump sum payment of $62,500.00. (Id. at ¶ 9.) In order to receive this option, the SAP provides that 2 AO 72A (Rev.8/82) the employee "must meet all eligibility conditions of the Option in order to receive it." [57] at Ex. 1.) (Form A, p. 2 of SAP, attached to Pl.'s Dep. General Motors indicates that plaintiff's active employment on the designated date of separation was a prerequisite to obtaining "Option 1" benefits under the SAP. ¶ 4.) (Hunter Decl. [53] at Unfortunately for plaintiff, General Motors terminated him prior to the October 1 effective date of his retirement. Specifically, weeks before plaintiff agreed to retire under the SAP, Beth Zefo, a labor relations supervisor at General Motors, began investigating a report that plaintiff was leaving the plant during work hours and having another employee swipe his badge at the end of the shift in order to clock him out. [64] at 36-37.)1 (GMSMF [53] at ¶ 10; Zefo Dep. As part of its investigation, General Motors arranged for investigators from a third-party security service to 1 Plaintiff's assertion that he lacks personal knowledge of the inner workings of General Motors' management and cannot state with certainty the truth of the asserted fact does not prohibit a finding that defendant General Motors' offered fact is undisputed. The Local Rules of this Court provide that "[t]he response that a party has insufficient knowledge to admit or deny is not an acceptable response unless the party has complied with the provisions of Fed. R. Civ. P. 56(d)." LR 56.1(B)(2)(a)(4), NDGa. Federal Rule of Civil Procedure 56(f) has been recast as Rule 56(d) since the 2010 amendments went into effect and "[s]ubdivision (d) carries forward without substantial change the provisions of former subdivision (f)." Notes of Advisory Committee on 2010 Amendments. In any event, plaintiff has not shown "by affidavit or declaration that, for specified reasons, [he] cannot present facts essential to justify [his] opposition." FED. R. CIV. P. 56(d)(emphasis added). 3 AO 72A (Rev.8/82) follow plaintiff and record surveillance video if he left the plant during work hours. (GMSMF [53] at ¶ 11.) In addition, General Motors' management assembled time clock and swipe history reports for plaintiff to determine where in the plant this other employee was clocking plaintiff out at the end of his shift. Following General Motors' (Id.) investigation, Zefo and Jim Brassfield, Labor Relations Representative, conducted a disciplinary interview with plaintiff on June 26, 2008, pursuant to Paragraph 76(a) of the "National Agreement." (Id. at ¶ 12.) The National Agreement is a collectively bargained agreement between the national UAW, defendant Union, and General Motors, that governs the terms and conditions of plaintiff's employment. (Id. at ¶ 2.) Plaintiff's union representative, Shop Chairman Claude Willis, was also present at this interview. (Id. at ¶ 12.) At this interview, Zefo presented plaintiff with the results of her investigation. Plaintiff was charged with leaving the plant while clocked in and having another employee cover for his unauthorized departure by swiping plaintiff's badge at the end of the shift. 13.) (GMSMF [53] at ¶ In essence, plaintiff was accused of stealing from General Motors by accepting pay for hours he did not work. To support this charge, Zefo listed dates, times, and column locations of the time clock where the badge was swiped, while plaintiff's vehicle was observed away from the plant. (Id.) 4 AO 72A (Rev.8/82) Zefo also informed plaintiff that, on May 20, 2008, she personally witnessed another employee swipe plaintiff's badge at 6:08 PM, while plaintiff (or at least his vehicle) was observed away from the plant. (Id. at ¶ 17.) She compared the 6:08 PM swipe time from the same station and confirmed that plaintiff's badge had been swiped at 6:08 PM and no other badges had been swiped at that station around the same time. (Id.) Defendant denies that he was ever seen away from the plant while he was clocked in, and attributes his perceived absenteeism to the fact that investigators failed to realize that plaintiff owns several vehicles and takes different vehicles to and from work. GMSMF [65] at ¶¶ 13, 17.) (Resp. to He said that he would go home for lunch and return with a different vehicle, which might leave the impression he was still at home. (GMSMF [53] at ¶ 18.) Although not mentioned in the 76(a) interview, plaintiff later stated that his supervisor allowed him to combine his lunch and break periods, which allowed him to be away from the plant for up to an hour and fifteen minutes. (Id. at ¶ 19.) Plaintiff was asked during the interview to produce his employee badge and asked if he had any other badges in his possession. at ¶ 21.) (Id. Plaintiff turned over two badges: his own and the badge of Larry Grogan, a former General Motors employee. (Id.) Even though General Motors requires employees to turn in badges when their employment ends, plaintiff stated that Mr. Grogan gave him the badge 5 AO 72A (Rev.8/82) as a "souvenir" (Id. at ¶ 21.) when Mr. Grogan retired the year before. Zefo believes that plaintiff may have been using Mr. Grogan's badge to enter and exit the security gate without his own badge. (Zefo Dep. [64] at 103-104.) Employees were not required to swipe their badges to enter many of the gates; rather, they merely needed to flash their badges to security. Dep. [63] at 49-51.) (Id. at 103-104; Willis Thus, plaintiff could exit the plant while another employee kept plaintiff's actual ID badge so as to later swipe that badge and make it appear that plaintiff had left at a later time than he, in fact, departed. At the close of the 76(a) interview on June 26, 2008, General Motors notified plaintiff that he was being discharged immediately for misconduct based on all the allegations set forth by management during the interview. (GMSMF [53] at ¶ 22.) Because plaintiff failed to remain employed until the effective date of his retirement, General Motors took the position that he was no longer eligible for retirement benefits or the lump sum payments under the 2008 SAP. (Hunter Decl. [53] at ¶ 4.) On the same day as plaintiff's 76(a) interview, Zefo, Brassfield, Willis, and Committeeman Craig Yates attended a 76(a) interview with Stanislaw Kulpa. (GMSMF [53] at ¶ 26.) Zefo informed Kulpa that she personally observed him swipe plaintiff's badge on May 20, 2008, but Kulpa denied the allegations. 6 AO 72A (Rev.8/82) (Id.) Following the interview, defendant General Motors terminated Kulpa's employment. (Id.) II. PLAINTIFF'S GRIEVANCE & SETTLEMENT NEGOTIATIONS Immediately after plaintiff received his discharge paperwork, union representative Willis submitted a grievance to management on behalf of plaintiff, contesting his termination as unjust. [53] at ¶ 24.) [64] at 113.) Zefo denied the grievance immediately. (GMSMF (Zefo Dep. Thereafter, Union representatives attempted to gather information related to the allegations against plaintiff from other employees in his department. (GMSMF [53] at ¶ 27.) Willis was unable to gather any additional information, and he requested a meeting with Zefo and Personnel Director Steve Hunter to discuss plaintiff's discharge grievance. (Id. at ¶ 28.) Willis made specific arguments attacking General Motor's evidence against plaintiff and argued that the discharge was unjust given plaintiff's previously clean disciplinary record. (Id.) Hunter encouraged Willis to withdraw plaintiff's grievance, but Willis declined to do so. (Id.) Later in July, Zefo took Willis to the break room where she was located when she observed Kulpa swipe plaintiff's badge. (Id. at ¶ 29.) Willis asked Zefo questions about where she was positioned in the break room and how she could see the time clock at which Kulpa swiped the badge. (GMSMF [53] at ¶ 29.) 7 AO 72A (Rev.8/82) The next day, in an effort to build a defense for plaintiff, Willis and the rest of the Shop Committee returned to the break room and reconstructed the scene as Zefo described. (Id. at ¶ 30.) The Shop Committee concluded that Zefo's version of events was credible, as she was in a position in which she could monitor the time clock and positively identify Kulpa. (Id.) Willis met with Hunter and Zefo again about plaintiff's grievance, and argued that plaintiff should be reinstated with full pay and benefits. (Id. at ¶ 31.) On or about August 7, 2008, Willis met with Sam Kuper, Senior Labor Relations Manager, about plaintiff's discharge grievance and local management's unwillingness involving reinstatement. to (Id. at ¶ 32.) negotiate any settlement Willis and General Motors' management met on several more occasions in August to discuss their respective positions on settlement, with the union demanding reinstatement with full back pay, but with management denying the request. (GMSMF [53] at ¶ 33.) Around this same time, Willis tried to bolster plaintiff's defense by presenting management with an order awarding unemployment benefits in plaintiff's favor. (Id. at ¶ 34.) On or about September 24, 2008, General Motors' management presented Willis with a settlement proposal for plaintiff's grievance by offering to classify plaintiff as "retired," effective October 1, 2008, rather than "discharged," thereby making plaintiff eligible for regular retirement benefits. (Id. at ¶ 35.) 8 AO 72A (Rev.8/82) Willis countered that plaintiff should also receive the SAP payment and back pay, but management rejected the demand. (Id. at ¶ 36.) Before accepting the settlement, Willis conferred with the union benefits representative and confirmed that plaintiff would lose health care and vested pension benefits if he rejected the settlement and if plaintiff's case was dismissed at any future steps of the grievance procedure. (Id. at ¶ 37.) Accordingly, against the estimated $90,000.00 in SAP money and back pay that plaintiff could gain if he prevailed on his grievance, Willis weighed the loss of pension, life insurance, and health care benefits that plaintiff would lose if his grievance were denied. (GMSMF [53] at ¶ 37.) experiences with the "umpire Willis also considered his own staff" and the unlikelihood of plaintiff's success in front of an umpire, given Zefo's credible eyewitness account. (Id. at ¶ 37.) After weighing all these factors, Willis agreed to General Motors' proposal and the settlement was finalized on September 24. (GMSMF [53] at ¶ 39.) III. THE SETTLEMENT Sometime between September 24th and September 26th of 2008, Tony Lovely, UAW Zone Committeeman, notified plaintiff that his grievance had been settled. (Lovely Aff. [56] at ¶ 4; Pl.'s Dep. [57] at 98:2- 4.) Plaintiff understood that the settlement meant his grievance was withdrawn. (Pl.'s Dep. [57] at 98:7-16.) Lovely also informed plaintiff that he could retire effective October 1st and should go to 9 AO 72A (Rev.8/82) the benefits representative to fill out the necessary paperwork to take his retirement. (Id. at 98:17-22, 99:1-7.) Plaintiff was also told that he would not receive back pay and would have to give up the $62,500 SAP bonus, but that he would have health insurance until he went on Medicare. (Id. at 99:11-13 and 14-17.) With regard to further appeal, Lovely told plaintiff that if he did not accept the settlement, he would "pretty much get nothing even if [he] appealed it" and that any appeal would be of "no avail." (Id. at 101:16-24.) After speaking with Lovely, plaintiff went to the Atlanta UAW office in October 2008 to complete his retirement paperwork. (GMSMF [53] at ¶ 42.) Plaintiff testified that he understood at this time that his grievance had been settled, and he began accepting benefits shortly after submitting the paperwork. retirement (Id.) After his phone conversation with Lovely, plaintiff repeatedly sought written documentation of the settlement, but did not obtain it until April 5, 2010. (Pl.'s Aff. [66] at ¶ 40.) The Union Constitution governing the UAW and its members establishes a multistep grievance procedure, which culminates in final and binding arbitration. (National Agreement, attached to Pl.'s Dep. [57] at Ex. 11, ¶¶ 28-55.) Plaintiff never filed an internal appeal of the Union's acceptance of the settlement offer. 10 AO 72A (Rev.8/82) IV. THE PRESENT SUIT Plaintiff, along with Kulpa, filed suit against General Motors and the Union in the Superior Court of DeKalb County on June 15, 2010. Defendants removed to this Court on August 2, 2010. Plaintiff filed an amended complaint [17] containing nine counts. Count I alleges that defendant General Motors breached the collective bargaining agreement, also known as the "National Agreement", that controlled General Motor's employment of Union members. Count II alleges that defendant General Motors breached the 2008 SAP by terminating plaintiff under false pretenses and refusing to pay benefits that were otherwise due. Count III alleges wrongful termination, and arises from the aforementioned CBA and plaintiff's discharge. Count IV alleges that the Union breached the National Agreement by failing to adequately represent plaintiff during his termination interview and through the grievance process. Plaintiff seeks monetary relief in the form of back pay, payment of the $62,500.00 SAP bonus, lost and future wages and benefits, punitive damages (Count VIII), and attorneys' fees (Count IX).2 The two defendants have moved separately for summary judgment, but the Court will treat their arguments as if they were raised 2 Counts V, VI, and VII were brought on behalf of Kulpa, who filed a stipulation of dismissal without prejudice shortly after the filing of the amended complaint. (Stipulation [25] and Order of October 25, 2010 [30].) 11 AO 72A (Rev.8/82) jointly, unless otherwise noted. Defendants' argument in favor of summary judgment is four-fold. First, defendants contend that all of plaintiff's claims, which were purportedly brought under state law, are preempted. To the extent that plaintiff's action may be recharacterized as arising under Section 301 of the Labor Management Relations Act, defendants argue that the action should be dismissed because plaintiff either filed his complaint outside the statute of limitations or failed to exhaust administrative remedies. Finally, on the merits, the Union defendant contends that it did not breach any duties owed to plaintiff. DISCUSSION I. SUMMARY JUDGMENT STANDARD The court must grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a). The party seeking summary judgment bears the initial burden to show the district court, by reference to materials in the record, that there are no genuine issues of material fact that should be decided at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If this initial burden is not satisfied, the motion must be denied and the court need not consider any showing made by the nonmovant. Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1116 (11th Cir. 1993). If the movant satisfies this initial responsibility, the nonmoving 12 AO 72A (Rev.8/82) party then bears the burden to show the existence of a genuine issue of material fact. Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir. 1991). Where the movant bears the burden of proof on an issue, the movant "must show that, on all the essential elements of its case on which it bears the burden of proof at trial, no reasonable jury could find for the non-moving party." Fitzpatrick, 2 F.3d at 1115. Where the nonmovant bears the burden of proof, the moving party need only show the absence of evidence to support the nonmovant's case, or affirmative evidence demonstrating that the nonmovant will be unable to prove their case at trial. Id. at 1115-1116. The court must view all evidence and draw all reasonable inferences in favor of the nonmoving party. Johnson v. Governor of Fla., 405 F.3d 1214, 1217 (11th Cir. 2005). There is no "genuine" issue for trial "unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party." 242, 249 (1986). Anderson v. Liberty Lobby, Inc., 477 U.S. The substantive law will determine which facts are material, and "[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Id. at 248. 13 AO 72A (Rev.8/82) II. PREEMPTION A. Plaintiff's Claims are Preempted by Federal Law Counts I, II, and III allege that defendant General Motors breached either the National Agreement or the SAP, both of which are collectively-bargained agreements. Defendant General Motors therefore asserts that plaintiff's state law claims for breach of contract and wrongful termination are preempted by Section 301 of the Labor Management Relations Act.3 (GM's Br. [53] at 2-4.) The Court agrees. By enacting Section 301 of the Labor Management Relations Act ("LMRA"), Congress intended for federal courts to fashion a body of federal common law to be used to address disputes arising out of labor contracts. (1985). Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 209 In determining whether Section 301 preempts a state law claim, a court must "consider whether the claim arises from a CBA[] or whether the resolution of the state-law claim depends upon the meaning of a collective bargaining-agreement." Atwater v. NFL Players Ass'n, 626 F.3d 1170, 1176-77 (11th Cir. 2010)(citations omitted). If the claim arises out of, or its merits depend on the meaning of a collective bargaining agreement, federal labor law applies. Id. 3 The Union makes effectively the same argument, but does not use the term "preemption." 14 AO 72A (Rev.8/82) Plaintiff's claims based on alleged breaches of the National Agreement and SAP are "substantially dependent upon analysis of the terms of an agreement made between the parties in a labor contract." Bartholomew v. AGL Res., Inc., 361 F.3d 1333, 1338-39 (11th Cir. 2004)(holding that breach of contract claim under Georgia law would substantially depend upon an analysis of collective agreement and is preempted by § 301 of the LMRA). for wrongful termination is also bargaining Plaintiff's claim substantially dependent upon analysis of a CBA because "[i]n Georgia, wrongful termination is a tortious act growing out of the breach of the employment contract." Fink v. Dodd, 286 Ga. App. 363, 365 (2007)(emphasis added). See Hood v. Sweetheart Cup Co., Inc., 816 F. Supp. 720, 723-25 (S.D. Ga. 1993)("claims of promissory estoppel and wrongful discharge clearly necessitate interpretation of the collective bargaining agreement"); Davis v. Texprint (GA), Inc., 774 F. Supp. 638, 640 (M.D. Ga. 1991). Therefore, plaintiff's claims brought under state law are preempted. B. Plaintiff's "Hybrid" Claim under Section 301 of the LMRA Where preemption applies, the Court may either recharacterize the claim as a Section 301 claim, or dismiss the claim as preempted. Lueck, 471 U.S. at 220. Because the parties' briefs appear to acknowledge that plaintiff's claims are at least cognizable under Section 301, the Court will treat plaintiff's claims as if they were brought under federal law. Dunn v. Air Line Pilots Ass'n, 836 F. 15 AO 72A (Rev.8/82) Supp. 1574, 1580 (S.D. Fla. 1993)(characterizing misrepresentation claim as breach of duty of fair representation). Although plaintiff argues that he has properly raised a Section 301 claim, he disputes whether his lawsuit is properly understood as a mere breach of contract action under Section 301, or the more complex "hybrid claim." Because "hybrid claims" are subject to distinct limitations and requirements, the Court must now decide which characterization is appropriate. "Whe[n] an employee sues [his] employer for breach of [a] collective bargaining agreement and [sues] the union for breach of the union's duty of fair representation, the claims are known as hybrid §301/fair representation claims." Shanks v. Potter, No. 11- 10426, 2011 WL 6004022, at *1 (11th Cir. Dec. 1, 2011); DelCostello v. Int'l Bhd. of Teamsters, 462 U.S. 151, 164-65 (1983). Plaintiff contends that he is not suing the Union for its breach of a duty of fair representation, but is instead basing his claim on the Union's obligations arising from the National Agreement and SAP. Resp. Br. [66] at 10-12.) (Pl.'s A study of plaintiff's allegations in support of Count IV against the Union, however, clearly shows that he is raising a "fair representation" claim against the Union, and thus a "hybrid claim" against the Union and General Motors. (Id.) Count IV alleges that the Union breached the National Agreement 16 AO 72A (Rev.8/82) by "fail[ing] to assert all defenses available to [plaintiff] during the grievance proceedings," being "entirely uncooperative in informing [plaintiff] of the status of his grievance proceedings, fail[ing] to involve [plaintiff] in any decisions during the grievance proceedings, and fail[ing] to respond to several attempts by [plaintiff] to contact [the Union] about information regarding his grievance proceedings." (Am. Compl. [17] at ¶¶ 42-43.) In so doing, the Union allegedly "acted arbitrarily, discriminatorily, and in bad faith." (Id. at ¶ 44.) Plaintiff further alleges that CBAs between General Motors and the Union imposed a "duty of care [on the Union] to act as his agent in protecting and asserting [plaintiff's] rights to employment under the collective bargaining agreement." 45.) (Id. at ¶ By assuming this "duty of care towards [plaintiff] through its execution of the collective bargaining agreement," the Union was allegedly "negligent in allowing [plaintiff] to be terminated from his employment without cause under the pretext of false allegations, by failing to assert all valid defenses on behalf of [plaintiff]," and by "failing to exhaust any and all legal recourse available to [plaintiff]." (Id. at ¶ 46.) In sum, plaintiff is alleging that the Union acted "arbitrarily, discriminatorily, and in bad faith" during its handling of his grievance and overall representation before his employer. 44.) These buzz words are the crux of a breach of the duty of fair 17 AO 72A (Rev.8/82) (Id. at ¶ representation claim. See Barrington v. Lockheed Martin, U.A.W. Local 788, 257 Fed. App'x 153, 156 (11th Cir. 2007)("If the union representing the employee 'acts in such a discriminatory, dishonest, arbitrary, or perfunctory fashion as to breach its duty of fair representation,' an employee may sue both the employer and the union"). In his original complaint, plaintiff actually described his cause of action Representation." as "Local 10's Breach (Compl. [1] at Count IV.) of Duty of Fair His amended complaint drops this moniker, but relies on the same basic allegations of wrongdoing. Regardless of how plaintiff tries to label his claim, he is complaining that the Union breached its duty of fair representation. Nonetheless, plaintiff persists in denying that he is bringing a claim for breach of a duty of fair representation, and instead characterizes Count IV as his attempt, as a third-party beneficiary, to enforce the National Agreement against the Union. (Pl.'s Resp. Br. [66] at 10.) In evaluating whether plaintiff may pursue a breach of contract action based on the terms of a CBA, plaintiff must demonstrate that the CBA "specifically indicat[es] an intent to create obligations enforceable against the union by the individual employees." United Steelworkers of Am. v. Rawson, 495 U.S. 362, 374 (1990). 18 AO 72A (Rev.8/82) Paragraph 53 of the National Agreement provides that "[n]o employee or former employee shall have any right under this Agreement in any claim, proceeding, action or otherwise on the basis, or by reason, of any claim that the Union or any Union officer or representative has acted or failed to act relative to presentation, prosecution or settlement of any grievance or other matters as to which the Union or any Union officer or representative has authority or discretion Agreement." This to act or not to act under the terms of this (Nat'l Agmt. at ¶ 53, attached to Pl.'s Dep. [57].) provision unequivocally expresses UAW and General Motors' intention not to create any sort of obligation enforceable by a third-party union member like plaintiff. See Loveless v. Eastern Air Lines, Inc., 681 F.2d 1272, 1279 (11th Cir. 1982)("In construing any contract, including a [CBA], determining the intent of the parties is the essential inquiry."); Alford v. General Motors Corp., 926 F.2d 528, 530-31 (6th Cir. 1991)(construing similarly worded language as prohibiting any direct action against employer for breach of contract). Neither a provision obligating union representatives to behave professionally, nor an aspirational statement about adhering to the grievance process, can be read in context to "specifically indicat[e] an intent to create obligations enforceable against the union by the individual employee[]." See Hester v. Int'l Union of Operating 19 AO 72A (Rev.8/82) Eng'gs, 941 F.2d 1574, 1580 (11th Cir. 1991). Therefore, plaintiff is not a third-party beneficiary of the National Agreement and Count IV is properly understood as a claim for the breach of the duty of fair representation. Because Count IV clearly rests on the assertion that the Union breached its duty of fair representation and plaintiff also alleges that defendant General Motors breached plaintiff is bringing a hybrid claim. 65. the National Agreement, DelCostello, 462 U.S. at 164- Defendants move for summary judgment on the grounds that plaintiff's suit is barred by two doctrines governing hybrid claims: the statute of limitations and the exhaustion of internal remedies. III. STATUTE OF LIMITATIONS Defendants move for summary judgment on the ground that plaintiff's complaint is barred by the statute of limitations. (GM's Br. [53] at 9-11; Union's Br. [56] at 3-5.) Hybrid claims are subject to a six-month statute of limitations. Sams v. United Food & Commercial Workers Int'l Union, 866 F.2d 1380-1382 (11th Cir. 1989). A cause of action accrues under Section 301, and the statute of limitations begins to run, when in the "exercise of reasonable diligence the claimant knew or should have known of the injury." Hill v. Ga. Pwr. Co., 786 F.2d 1071, 1074-75 (11th Cir. 1986). The timeliness of the suit is measured "from the date on which the employee knew or should have known of the union's final action or the 20 AO 72A (Rev.8/82) date on which the employee knew or should have known employer's final action, whichever occurs later." (emphasis in original). of the Id. at 1075. Final action means the point "where the grievance procedure was exhausted or otherwise broke down to the employee's disadvantage." Id. (citing Proudfoot v. Seafarer's Int'l Union, 779 F.2d 1558, 1559 (11th Cir. 1986)). Finally, because a hybrid § 301 claim involves interdependent claims against an employer and its union, the Eleventh Circuit has noted that the separate causes of action (duty of fair representation and breach of contract) "accrue simultaneously" for statute of limitations purposes. Id. at 1074. Defendants contend that the Union conducted its "final action" around September 24, 2008,4 when a Union official orally notified plaintiff that it plaintiff what the had settled his grievance and terms of that settlement were. 9-11; Union Br. [56] at ¶¶ 8-9.) explained to (GM's Br. [53] at Accordingly, with a six-month limitation period, the statute of limitations for a legal claim by plaintiff would have expired in late March, 2009. 4 Plaintiff filed The settlement was finalized between the Union and GM on September 24, 2008, after which Tony Lovely, a union official, notified plaintiff. Supra, at 9. Lovely avers that the conversation with plaintiff took place sometime between September 24th and September 26th of 2008. Id. In any event, Lovely's notification would have been before October 1, 2008, as Lovely indicated that the latter would be the effective date for plaintiff's retirement. Id. 21 AO 72A (Rev.8/82) suit on June 15, 2010, some fifteen months past the statute of limitations deadline, under defendant's position. Plaintiff disagrees that the Union's "final action" occurred in late September 2008, but instead asserts that the final action occurred on April 5, 2010, when the Union provided him with written documentation of the grievance settlement. (Resp. Br. [66] at 13- 14.) If so, the statute of limitations would have started running on this latter date and would have expired around October 5, 2010, meaning that the plaintiff's present action, filed in June 2010, would have been timely.5 The Court concludes that the Union's action became final at the end of September 2008, when plaintiff's grievance was settled and he was so notified. The statute of limitations began to run when plaintiff "knew or should have known of the union's final action." Proudfoot v. Seafarer's Int'l Union, 779 F.2d 1558, 1559 (11th Cir. 1986). Written notice of a union's final action is not required, where the union verbally informs plaintiff of the disposition of his grievance. Howard v. Lockheed-Georgia Co., 742 F.2d 612, 614 (11th Cir. 1984). In Howard, the Eleventh Circuit held that the fact that plaintiff did not receive formal written notice of the union's 5 Plaintiff also suggests that deadline for filing would have even been later than the above date, as plaintiff contends that the statute of limitations was tolled while internal union remedies were available to him. (Id.) 22 AO 72A (Rev.8/82) September 22 action until the Union later wrote plaintiff on October 28 was not determinative. Rather, the earlier date on which plaintiff was orally informed of his grievance withdrawal was the controlling date. Accord Cannon v. Dyncorp., 462 F. Supp. 2d 1190, 1204-05 (M.D. Ala. 2005)(final action took place when union told plaintiff it was not going to file a grievance, and no further action was taken). Plaintiff admits that he was notified of the settlement of his grievance in late September of 2008. At that time, he knew that he would receive retirement pay and knew that he would not receive the SAP lump sum bonus payment of $62,500 or back pay that would have been owing to him since the date of his firing on June 26, 2008 and up to the October 1, 2008 effective date of his retirement. Thereafter, consistent with the settlement agreement, plaintiff began receiving his retirement pay. Plaintiff has not explained why the absence of a written document confirming what plaintiff already knew and was acting on, as he was apparently cashing his retirement checks, was a barrier to his pursuit of either internal remedies or a lawsuit. Likewise, having now seen the written document, he has not explained what there was in that document of which he was not already aware in late September. In short, with a start date of late September 2008, the statute of limitations would have expired 23 AO 72A (Rev.8/82) in late March, 2009. As plaintiff's complaint was not filed until June 15, 2010, which was well over a year after the statute of limitations had run, plaintiff's claim is therefore time-barred. Plaintiff has also suggested that he would have been entitled to tolling for the time during which he could have gone through an appeal process to challenge the Union's acceptance of the settlement. Stated another way, plaintiff's position is that the Union's action was not deemed "final" until the time period for pursuing internal union remedies had ended. Plaintiff never pursued any internal remedies, but the Court will assume that he is correct when he contends that the statute of limitations was tolled during the period of time that he had to appeal the Union's settlement decision.6 The Union Constitution allowed a sixty-day time period for an internal appeal, which would begin to "run from the time the appellant first becomes aware, or reasonably should have become aware, of the alleged action or decision appealed." (Union Const., Art. 33, §§ 4(b), (c), attached to Pl.'s Dep. [57].) As noted, the Court has already concluded that the plaintiff would have been aware 6 This assumption may not be warranted, however, as there is some case authority indicating that tolling can arise only when the employee actually pursues internal remedies. See, e.g., Dunleavy v. Local 1617, 814 F.2d 1087, 1090-91 (6th Cir. 1987)("so long as a union member is engaged in a good faith attempt to exhaust his internal remedies..., the six-month period of limitations is tolled."). At any rate, the Court need not decide this question. 24 AO 72A (Rev.8/82) of the decision to be appealed--the settlement decision--in late September 2008. Accordingly, plaintiff would have had sixty days, or until late December 2008, in which to have filed his internal appeal of the Union's decision to accept the settlement. That tolling only buys the plaintiff sixty days,7 however, and his lawsuit was filed over a year late. Thus, even with tolling, the statute of limitations would have expired in late June 2009. Again, plaintiff's complaint was not filed until June 2010. For all the above reasons, the Court GRANTS summary judgment to defendants, based on the expiration of the statute of limitations prior to the filing of plaintiff's present lawsuit. IV. EXHAUSTION Even if plaintiff's claim had been timely filed, summary judgment would still be appropriate because plaintiff failed to exhaust his internal union remedies. In order to pursue a Section 301 action, an employee is required to exhaust all contractual 7 Stated another way, the Union's action did not become final until the time to seek an internal appeal had passed, which would be sixty days after plaintiff knew that the grievance settled. See Shivers v. IBEW Local Union 349, 262 Fed. App'x 121 (11th Cir. 2008)(final union action occurred when union adversely ruled on employee's grievance and employee did not seek timely appeal of this decision within time frame set forth in Union Constitution); Youngblood v. Potter, 262 F. Supp. 2d 1309, 1315 (M.D. Ala. 2003)("Absent the filing of an appeal of the Step 1 decision, the [employer's] decision at Step 1 and the Union's actions in assisting with the Plaintiff's grievance became final actions on September 9, 2001, because the grievance was deemed to be waived."). 25 AO 72A (Rev.8/82) remedies. Republic Steel Corp. v. Maddox, 379 U.S. 650, 652 (1965). This exhaustion requirement also generally applies to internal union appeal procedures provided by a union constitution. 451 U.S. 679, 681 (1981). Clayton v. UAW, The undisputed facts show that plaintiff did not exhaust his available contractual remedies under the Union Constitution. Article 32, Section 1 of the UAW Constitution permits a member to appeal "any action, decision or penalty by" a "Local Union, or any of its units, committees, officers, committee persons or stewards." (See Union Const., Art. 32, § 1.) The UAW Constitution offers four levels of internal appeals that must be exhausted before resorting to court action. (Id. at Art. 33, § 5.)8 Plaintiff complains now about the actions of the local Union and its representatives, but he never filed an internal appeal, which would have been the appropriate vehicle to voice his objections. As such, he has failed to fully exhaust his remedies and his claims should be barred. Plaintiff concedes that, generally speaking, an employee is required to exhaust administrative remedies before pursuing a suit against his union or employer. He argues, however, that the Court 8 "It shall be the duty of any individual or body, if aggrieved by any action, decision or penalty imposed, to exhaust fully the individual or body's remedy and all appeals under this Constitution and the rules of this Union before going to a civil court or governmental agency for redress." Id. 26 AO 72A (Rev.8/82) should exercise its discretion to excuse the exhaustion requirement.9 Glover v. St. Louis-San Francisco Ry. Co., 393 U.S. 324, 329-30 (1969)(the exhaustion requirement is subject to exceptions when a "doctrinaire application of the exhaustion rule would defeat the overall purposes of federal labor relations policy."). In deciding whether to excuse a failure to exhaust internal union procedures,10 a court should consider at least three factors: first, whether union officials are so hostile to the employee that he could not hope to obtain a fair hearing on his claim; second, whether the internal union appeals procedures would be inadequate either to reactivate the employee's grievance or to award him the full relief he seeks under § 301; and third, whether exhaustion of internal procedures would unreasonably delay the employee's opportunity to obtain a judicial hearing on the merits of his claim. 9 As a prerequisite to excusing the exhaustion requirement, a union member must actually attempt to utilize the internal process. Jimenez v. Collier Transit Mgmt., Inc., 337 Fed. App'x 804, 808 (11th Cir. 2009)("To claim futility, the employee may not simply assert that his use of the grievance procedures would have been futile: he must ordinarily at least have attempted to use them.")(emphasis in original). While plaintiff did not fully complete the grievance appeal process, he did file a grievance. 10 Exhaustion is also excused if the employer repudiates the grievance machinery or the union wrongfully refuses to process a grievance. Pyles v. United Air Lines, Inc., 79 F.3d 1046, 1052-53 (11th Cir. 1996)("Employees can avail themselves of remedies in federal court without exhausting administrative remedies if their employer repudiates the grievance machinery or the union wrongfully refuses to process a grievance."). Plaintiff does not appear to rely directly on these exceptions to the exhaustion requirement, nor do they appear to be applicable. See Rabalais v. Dresser Indus., Inc., 566 F.2d 518, 520 (5th Cir. 1978)("An employer can obviously take a stance contrary to that of the employee during the grievance process without being deemed to have repudiated that process.") 27 AO 72A (Rev.8/82) Radar v. United Transp. Union, 718 F.2d 1012, 1014 (11th Cir. 1983)(citing Clayton, 451 U.S. at 689). Plaintiff argues that the Court should excuse his failure to seek administrative remedies because he would likely have lost an internal appeal of the settlement agreement and because pursuing these internal remedies would have unreasonably delayed plaintiff's opportunity to obtain a judicial hearing on the merits of the instant claim. Neither argument is persuasive. The internal union appeals process would have clearly permitted plaintiff to challenge the Union's decision to settle, and if successful, plaintiff could have obtained monetary relief akin to what he now seeks in the present action.11 Article 33 of the UAW Constitution provides four levels of appeal for "any action, decision or penalty by" a "Local Union." (Union Const., Art. 33, § 1.) The first level of appeal would have been to the UAW Local 10 membership, and then to the UAW, and then to the International Executive Board, and finally to the Convention Appeals Committee or where appropriate the Public Review Board. (See 11 In addition, to back pay and the SAP lump sum bonus, plaintiff also seeks punitive damages and attorney's fees. Punitive damages are not available in a Section 301 breach of the duty of fair representation claims. See Leach v. Pan Am. World Airways, 842 F.2d 285, 288 (11th Cir. 1988), disapproved on other grounds in Chauffeurs, Teamsters & Helpers, Local No. 391 v. Terry, 494 U.S. 558, 563 n.2 (1990). Whether internal union remedies would have provided for such damages is thus irrelevant. 28 AO 72A (Rev.8/82) Union Const., Art. 33, § 2(a).)12 The Public Review Board and Convention Appeals Committee are authorized to order UAW or its Locals to pay money damages to an aggrieved member and order the processing of a grievance that was wrongfully disposed of. Wilson Aff. [56] at ¶¶ 12-14, Ex. 3.) (Stokes- The adequacy of the Union's internal remedies undermines plaintiff's request that he be excused from exhausting these remedies. Compare Barrington v. Lockheed Martin, 483 F. Supp. 2d 1154, 1164-65 (M.D. Fla. 2007)(excusing failure to exhaust internal appeals where CBA would not permit Union to give plaintiff complete relief she sought: assignment of a new union representative, reopening of arbitration, and designation of a new arbitrator). Further, exhaustion of internal procedures would not have unreasonably delayed plaintiff's opportunity to obtain a judicial hearing on the merits of his claim. Because plaintiff waited almost 21 months to file this lawsuit, he can hardly complain now about any delay that an internal appeals process might have created. Oliver v. Local No. 1261 United Transp. Union, 587 F. Supp. 3 (N.D. Ga. 12 "In any challenge to the handling or disposition of a grievance: Where the challenge is against a Local Union committeeperson, steward, Bargaining Committee, officer or other Local Union official the levels of appeal are first to the unit of an Amalgamated Local Union, then to the Union; then to the International Executive Board and then to the Convention Appeals Committee, or where appropriate the Public Review Board." 29 AO 72A (Rev.8/82) 1984)(exhaustion required where no evidence of unreasonable delay, given that plaintiff waited nearly two years after learning that grievance would not be pursued before filing suit). In a further attempt to evade the exhaustion requirement, plaintiff argues that exhaustion is not required because proceeding with administrative remedies would have been "wholly futile." See Glover, 393 U.S. at 330; Pyles, 79 F.3d at 1053 (recognizing an exception to the exhaustion requirement when proceeding with administrative remedies would have been "wholly futile."). Plaintiff argues futility based on his union representative's opinion that any further appeal would be unsuccessful. (Resp. Br. [59] at 23.) The pessimism of his union representative, however, does not excuse plaintiff from trying to undo the settlement by utilizing procedures set up for that very objective. See Ryan v. General Motors Corp., 929 F.2d 1105, 1110 (6th Cir. 1989)("It is well-settled that the opinion of a union representative cannot be construed as a waiver of the UAW's constitutional appeal requirements."). for futility is not whether an employee's claims The test would have succeeded, but whether the employee could have availed himself of the grievance procedure. Mason v. Cont'l Grp., Inc., 763 F.2d 1219, 1224 (11th Cir. 1985). Plaintiff also contends that, without a written confirmation of the terms of the settlement, he could not have proceeded with an 30 AO 72A (Rev.8/82) appeal within the designated 60-day time limit. (Resp. Br. [59] at 18-19.) Article 33, Section 4 of the UAW Constitution, however, only requires plaintiff to bring any appeal within 60 days "from the time he first became aware, or reasonably should have become aware, of the alleged action or decision appealed." (Union Const., Art. 33, § 4.) There is no requirement of a written document. Again, plaintiff was well aware of the terms of the settlement. That is, plaintiff accepted his retirement benefits, which would have been denied to him had there not been a settlement. He chose to accept the positive parts of that settlement–-the retirement benefits–-but, with this lawsuit, he now seeks to renege on his implicit quid pro quo: relinquishment of the SAP bonus and back pay. Finally, plaintiff argues that exhaustion is excused because the Union acted discriminatorily, dishonestly, and in an arbitrary or perfunctory fashion. DelCostello, 462 U.S. at 164 (when a union acts in a "discriminatory, dishonest, arbitrary, or perfunctory fashion" that is sufficient to breach its duty of fair representation, an employee may bring notwithstanding proceeding.). what suit against would the otherwise employer be a and the final union, grievance Whether the Union behaved in this fashion also bears on whether it has breached the duty of fair representation. See Vaca v. Sipes, 386 U.S. 171, 190 (1967)(a breach of the statutory duty of fair representation occurs only when a union's conduct toward a 31 AO 72A (Rev.8/82) member is arbitrary, discriminatory, or in bad faith.). For the reasons explained below, plaintiff has failed to demonstrate that the Union behaved in a discriminatory, dishonest, or arbitrary fashion. As such, summary judgment is appropriate. V. THE UNION'S DUTY OF FAIR REPRESENTATION In evaluating a union's performance of its duty of fair representation, the Eleventh Circuit has stated that: a union is allowed considerable latitude in its representation of employees. The grievance and arbitration process is not conducted in a judicial forum and union representatives are not held to strict standards of trial advocacy. Cases are uniform in holding that neither negligence on the part of the union nor a mistake in judgment is sufficient to support a claim that the union acted in an arbitrary and perfunctory manner. The union is accorded a "wide range of reasonableness" in the exercise of its discretion, and although it is circumscribed by a duty to act with "complete good faith and honesty of purpose," the employee's burden "remain(s) a substantial one." Nothing less than a demonstration that the union acted with reckless disregard for the employee's rights or was grossly deficient in its conduct will suffice to establish such a claim. Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206-07 (11th Cir. 1982)(citations omitted). See Turner v. Air Transp. Dispatchers' Ass'n, 468 F.2d 297, 300 (5th Cir. 1972)("A union's broad discretion in prosecuting grievance complaints includes not only the right to settle the dispute short of arbitration but also to refuse to initiate the first steps in the appeal procedure when it believes the 32 AO 72A (Rev.8/82) grievance to be without merit.")13; Barrington, 257 Fed. App'x at 156. Taaffe v. Bellsouth Telecomms., Inc., 204 Fed App'x 823, 825 (11th Cir. 2006)("The issue is not whether the union's interpretation of the facts and contract language was correct, but whether it was arbitrary."). Plaintiff argues that the Union failed to adequately represent him before, during, and after his 76(a) interview with General Motors' management. First, plaintiff argues that Willis failed to adequately prepare him before his interview, which prevented him from offering an explanation for his lengthy lunch breaks. Br. [59] at 20.) (Pl.'s Resp. Next, he argues that Willis failed to adequately represent him during his interview because Willis did not assert available defenses and failed to surrounding plaintiff's termination. investigate the circumstances (Pl.'s Resp. Br. [59] at 20.) Plaintiff also argues that the Union failed to adequately represent him after his termination because the Union settled his case quickly, due to Willis' impending retirement; was uncooperative in informing him of the status of his grievance proceedings; failed to respond to several attempts by plaintiff to contact the Union about information regarding his grievance proceedings; never consulted with plaintiff 13 Decisions of the former Fifth Circuit rendered prior to October 1, 1981, are binding precedent in the Eleventh Circuit. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc). 33 AO 72A (Rev.8/82) prior to settling; never appealed his decision despite his termination being a "major case;" and never provided him with documentation of the settlement agreement, which prevented him from knowledgeably appealing internally within the union. (Pl.'s Resp. Br. [59] at 20-21.) Plaintiff's assertions do not imply that the Union arbitrarily or in bad faith prior to the 76(a) interview. acted Plaintiff cites no authority for the proposition that a union representative must ascertain detailed facts about an employee's situation prior to a disciplinary interview with an employer. Here, both plaintiff and Willis became aware of the allegations shortly before the interview. Willis learned the basic charges from General Motors, met with plaintiff, and told him how to conduct himself. 30-35.) Under the circumstances, this (Willis Dep. [63] representation was not arbitrary or in bad faith. The Union also did not act arbitrarily or in bad faith during the 76(a) interview. Willis made objections on plaintiff's behalf and questioned him in an effort to develop the evidence. (Pl.'s Dep. [57] at 120-121.) Plaintiff even agreed that Willis tried to protect him during the interview. (Id. at 121.) Moreover, Willis' instruction to plaintiff that he should only answer the questions asked of him, without elaboration, which plaintiff argues prevented him from explaining his lengthy lunch breaks, was an arguably 34 AO 72A (Rev.8/82) reasonable strategy to prevent plaintiff from opening himself up to further discipline. See Barrington, 257 Fed. App'x at 156-57 (union representative's determination that employee should not testify is "reasonable strategy" to prevent opening door to other issues). The Union's behavior after plaintiff's termination was also not discriminatory, arbitrary, or in bad faith. Willis followed through with his obligation to investigate and determine the merits of plaintiff's grievance. Turner, 468 F.2d at 299 ("the duty of fair representation includes an obligation to investigate and to ascertain the merit of employee grievances"). Willis fulfilled his obligations by determining whether Zefo's testimony that she personally viewed someone other than plaintiff swiping his card was credible. There is no evidence that Willis acted in a "perfunctory" fashion by shuttling plaintiff's claim through the grievance process without any concern for its resolution. See Massey v. United Transp. Union, 868 F. Supp. 1385, 1394 (S.D. Ga. 1994)("To show that the union acted in a 'perfunctory' fashion, merely shuttling an employee's claim through the grievance process with no concern for its resolution, [plaintiff] must demonstrate 'that the union ignored the grievance, inexplicably failed to take some required step, or gave the grievance merely cursory attention.'"). The Union also provided plaintiff with adequate details of his settlement, even though it was not in written form. 35 AO 72A (Rev.8/82) Russell v. Norandal USA, Inc., No. CV92-PT-1490-M, 1993 WL 388638, at *7 (N.D. Ala. May 17, 1993)(mere failure to provide an employee with a copy of a grievance does not constitute a violation of a Union's duty of fair representation); Rasheed v. Int'l Paper Co., 826 F. Supp. 1377, 1388 (S.D. Ala. 1993)(union's delay in providing employee with information about his grievance, after it had already been litigated before the arbitrator, could not "conceivably amount to a breach of the Union's duty of fair representation"). As for the actual settlement decision, "[a] union's broad discretion in prosecuting grievance complaints includes not only the right to settle the dispute short of arbitration but also to refuse to initiate the first steps in the appeal procedure when it believes the grievance to be without merit." See Turner, 468 F.2d at 300. Further, a duty of representation "does not confer an absolute right on an employee to have his complaint carried through all stages of the grievance procedure". Id. at 299. Willis met with management on numerous occasions in an effort to obtain a settlement for plaintiff. Willis' belief that there was sufficient evidence supporting the charges against plaintiff and that any further appeal would likely result in plaintiff losing a substantial benefit of the settlement that Willis was able to negotiate--a retention of plaintiff's pension, health, and life insurance benefits--was not "so 36 AO 72A (Rev.8/82) far outside a 'wide range of reasonableness' as to be irrational." Air Line Pilots Ass'n, Int'l v. O'Neill, 499 U.S. 65, 67 (1991)(citation omitted). Union's behavior would have been At worst, the negligent, and "mere negligence...would not state a claim for breach of the duty of fair representation." Rawson, 495 U.S. at 372-73; Papavaritis v. Comm'cn Workers of Am., 772 F. Supp. 604, 607 (S.D. Fla. 1991)("mere fact that union was ineffective or did not zealously prosecute the plaintiff's claim is insufficient, without more, to support a fair representation claim"). The settlement decision did not breach the duty of fair representation. For the above reasons, plaintiff has not demonstrated the existence of a genuine issue of material fact with respect to the adequacy of the Union's representation of plaintiff. is no evidence that the Union's discriminatory, or in bad faith. behavior That is, there was arbitrary, Accordingly, summary judgment is also warranted on the merits of plaintiff's breach of the duty of fair representation claim. Both defendants' motions for summary judgment should be GRANTED on the grounds that plaintiff failed to exhaust internal remedies. The Union's Motion for Summary Judgment is also due to be GRANTED on the merits. VI. DEFENDANT GENERAL MOTORS' ALLEGED BREACH OF CONTRACT To prevail on a hybrid claim, a plaintiff must demonstrate both that the CBA was breached and that the union breached its duty of 37 AO 72A (Rev.8/82) fair representation. Aldred v. Avis Rent-A-Car, 247 Fed. App'x 167, 171 (11th Cir. 2007). Thus, the failure of plaintiff's duty of fair representation claim dooms his breach of contract action against defendant General Motors. UPS, Inc. v. Mitchell, 451 U.S. 56, 62 (1981)(duty of fair representation claim is "indispensable predicate" for hybrid claim). Defendant General Motors' Motion for Summary Judgment [53] should also be GRANTED on the merits. CONCLUSION For the foregoing reasons, defendant General Motors' Motion for Summary Judgment [53] is GRANTED and the Union's Motion for Summary Judgment [56] is GRANTED. The clerk is directed to close the case. SO ORDERED, this 23rd day of March, 2012. /s/ Julie E. Carnes JULIE E. CARNES CHIEF UNITED STATES DISTRICT JUDGE 38 AO 72A (Rev.8/82)


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Mercury astronaut Scott Carpenter dies at 88
Updated On: Oct 10 2013 10:40:30 PM EDT
Astronaut Scott Carpenter, the second American to orbit the Earth, has died, NASA said on Thursday. He was 88.
The first American in orbit was fellow Mercury astronaut John Glenn. Carpenter also uttered the famous words: "Godspeed John Glenn."
Carpenter's flight was marred by technical glitches and ended with the nation waiting to see if he had survived.
"We, the whole NASA family, are mourning with Scott's family. We have lost a true pioneer. I shall long remember him not only for his smarts and courage but his incredible humor. He kept us all grounded," said NASA Administrator Charlie Bolden. "We will miss him greatly."
Carpenter was one of the Mercury Seven astronauts chosen by NASA. He was a backup pilot for Glenn in the preparation for America's first manned orbital space flight in February 1962, according to a NASA biography.
Carpenter flew the second American manned orbital flight in May of that year. Flight time was four hours and 54 minutes.
He was born in Boulder, Colo., and attended the University of Colorado, where he studied aeronautical engineering.
With Carpenter's death, Glenn is the lone survivor of the Mercury Seven.
Carpenter's memoir, "For Spacious Skies: The Uncommon Journey of a Mercury Astronaut," was published in 2003.
"He was one of the good guys and a good friend, a pioneer who made significant contributions to our country," said Dick Gordon, command module pilot for Apollo 12.
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There is a lively interest in silver coin use among LRC blog readers. Several readers have kindly informed me of two applications. Thank you all. Here are some links: calc1, calc2a, calc2b, calc2c. The latter 3 links are to different pages about the same application.
Now here is a possible simple route to the use of silver and gold in commerce again in a transition period in which metal and FRNs compete. (1) A 100% money depository bank offers a silver and gold account. (2) You deposit silver or gold into the account. (3) The bank accounts for your deposits and withdrawals. (4) The bank issues silver and gold checks and coin. The price for these two services may differ. (5) You are issued a debit card in silver and gold. (6) Retailers link to the bank. (7) Retailers use a silver and gold converter to convert your FRN tab into gold and silver. (8) You can choose to pay in either gold or silver. (9) A swipe of the card pays your bill in metal at current spot prices or close to them. Congress could set a date 12–24 months in the future on which the privileges of the FED would all end. It could become private if it chose. There would then be a transition period in which this kind of account would develop. It would include wage and salary payments too and spread to payments of all kinds according to the competition between deregulated FRNs and metal. Banks might also arise that accept deposits of economic goods other than gold and silver to be used as a basis for means of payment. Their survival will depend on the market.6:25 am on May 16, 2011 Email Michael S. Rozeff