text:
KARAHALIOS v. FEDERAL EMPLOYEES
- 1980-1989
Legal provision: 5 U.S.C. 7101
Chief Justice William H. Rehnquist: We'll hear argument next in No. 87-636 Efthimios A. Karahalios v. National Federation of Federal Employees.
You may proceed whenever you're ready.
Mr. Duffy: Thank you, Mr. Chief Justice.
May it please the Court:
The issue before the Court this morning in this case is whether a federal employee who has been injured by his union's breach of the duty of fair representation may bring an action to redress those injuries in district court or, put another way, whether Congress intended a union operating in the federal sector to receive immunity, complete immunity, from such lawsuits, an immunity which has never been permitted in any other national labor relations statute.
It is our view that the congressional grant of exclusive representation powers to the union in the federal sector, coupled with the unreviewable discretion of the general counsel of the FLRA here, mandate jurisdiction, subject matter jurisdiction, in the district court just as exactly those same factors compelled jurisdiction in this court's decision in Vaca v. Sipes 20 years ago.
Unidentified Justice: Well, suppose the general counsel issues a complaint and then there's a... there is a provision for an administrative hearing on unfair representation.
Mr. Duffy: That's correct.
Unidentified Justice: So, Congress certainly anticipated that there would be an administrative remedy.
Mr. Duffy: That's correct, Your Honor.
Unidentified Justice: So, what would happen if there was an administrative proceeding on an unfair... and there's a ruling that there wasn't any unfair representation?
Can you go to court?
Mr. Duffy: --I think that's exactly the wrong which was addressed by the Court in Vaca v. Sipes.
The problem is in the focus which the administrative remedy has and the strength of--
Unidentified Justice: But could you go to court in my... in my question?
Could you go to court after that?
Mr. Duffy: --In the private sector, Your Honor?
Unidentified Justice: Would you... yes.
Would you just then go up on appeal, or would you start all over in the federal district court or what?
Mr. Duffy: As it's currently structured, Your Honor, I believe that you can go to district court.
I believe that's the doctrine announced... enunciated by the Court in Vaca v. Sipes.
And I think that the reason for that is that the Court recognized in Vaca that the administrative remedies... the focus which the administrative agency has in fashioning remedies, even given an unfair labor practice finding, is a remedy which isn't necessarily suited to redress the wrongs done to the individual employee.
For example... and the facts here I think provide a cogent demonstration of that.
Here the administrative remedy fashioned by the agency, by the Authority's general counsel, in reaching a settlement, a settlement reached, it bears noting, over the objection of the charging party, over the objection of the injured employee... the administrative remedy reached here was to achieve a settlement with the union which required the union to post a notice on its bulletin board saying we're not going to repeat the conduct which was wrongful.
And that administrative remedy may well have been furthering the institutional goals of the Federal Labor Relations Authority, as similar notice-posting remedies further the institutional goals which the NLRB has in the private sector.
And the problem addressed by the Court in Vaca is that that administrative remedy, given the strength of the duty of fair representation doctrine... that administrative remedy does not provide any relief... that administrative focus does not provide any relief for the injured employee who is wronged by his union.
We believe that the--
Unidentified Justice: Although in that case there had previously been... before the administrative remedy was adopted, there had previously been judicial relief available though.
Mr. Duffy: --In the Vaca v. Sipes case.
Unidentified Justice: Yes, in that situation.
Mr. Duffy: It was an open question in Vaca whether or not the availability of unfair labor practice review was sufficient to allow preemption of a judicial remedy.
Unidentified Justice: No, but hadn't the judicial remedy been... been available before the administrative remedy was provided?
Mr. Duffy: Certainly, Your Honor.
Unidentified Justice: It was... there was no question that... that... that you have the judicial remedy before the administrative remedy.
So, the... the issue was whether the furnishing of the administrative remedy eliminated a judicial remedy that had previously been available.
And that's not the question here.
Mr. Duffy: Well, I'm not certain that that... that's actually the case here.
Here I think we're working in a very similar setting.
In the private sector when Vaca was decided, we had a judicial remedy well recognized in Steele and Tunstall, in... in that line of cases.
Nevertheless, after Vaca we have a setting where we have an administrative remedy and a concurrent judicial remedy.
And I think that's the contextual setting in which Congress was passing the CSRA here, and that's what Congress was looking to when it said it wanted to make federal sector labor relations more like the private sector.
In other words--
Unidentified Justice: Which came... which came... which came first in the Vaca situation?
The administrative remedy or the judicial remedy?
Mr. Duffy: --Well, the judicial remedy was established in Steele and Tunstall some 20 years before the... the Vaca remedy.
Unidentified Justice: And it had been before the board decided this would be an unfair practice, didn't it?
Mr. Duffy: That's correct.
The board decided that... that duty of fair representation cases would be prosecuted as unfair, labor practices in Miranda Fuel in 1962.
But what we have here is a setting where these cases, Vaca v. Sipes, and its progeny, Bowen, Foust, Mitchell... these cases are some of the absolute, fundamental principles that we see in our scheme of private sector labor law.
And it's our position that, with these principles in mind and with the acknowledged legislative statement that Congress was attempting to fashion a federal sector labor relations setting in the Civil Service Reform Act which more closely approximated private sector collective bargaining, since the principles in Vaca lie at the... at the absolute base of private sector collective bargaining, that Congress must have intended these principles to apply also in the Civil Service Reform Act.
Unidentified Justice: But you... you still have to be implying a cause of action.
Mr. Duffy: Well, I think that--
Unidentified Justice: There is no express provision for it.
Mr. Duffy: --Well, there's... there's no question that it's not set forth in the statute, Justice White.
And I think that the appropriate analysis here though is not the Touche Ross analysis.
Here we're working in a setting, where Congress tells us in the legislative history the objective that we're working towards is a private sector model.
True, it has some public sector management differences.
But what we want to do is we want to achieve a private sector model.
We want to achieve a more efficient way to handle our various employee grievances, and we believe that efficiency can be achieved through... through channeling those grievances through the grievance and arbitration mechanism.
Unidentified Justice: Of course, what the statute says, as opposed to what the... what you're reciting from the legislative history, is that there will be an administrative remedy.
It doesn't say anything about a judicial remedy.
Mr. Duffy: That's correct, Your honor, and--
Unidentified Justice: Which makes it different from... from the National Labor Relations Act, does it not, and the Railway Labor Act?
Mr. Duffy: --I don't believe so, Your Honor.
The National Labor Relations Act had no provision for district court jurisdiction over duty of fair representation actions.
Unidentified Justice: No, but was there the express administrative remedy provided in those acts?
Mr. Duffy: Certainly in the Notional Labor Relations Act, there was.
In the RLA, no, that's not the case.
There's not the corresponding NLRB counterpart and unfair labor practice counterpart.
And... and perhaps the better model to look at here or the closer model to look at here is the National Labor Relations Board.
And, indeed, the congressional history tells us to look to the National Labor Relations Board to determine what the Federal Labor Relations Authority is all about.
There's express congressional history, which we cited in our brief both from the House and from the Senate indicating that the role of the Federal Labor Relations Authority, and in particular the role of the general counsel in the Authority, is to be modeled after the private sector National Labor Relations model.
And it's our view that that model, the private sector model, which grants two things which are particularly troubling in this situation... first it grants exclusive representational powers to the union.
The union... the majority representative has exclusive access to the bargaining mechanism, which may be less significant in the federal sector, but it has the same access, exclusive access, to the arbitration mechanism which is so very troubling in a case like this.
Should the union decide for arbitrary, bad faith or discriminatory reasons not to take a case to arbitration, what remedy does the employee have?
And is the administrative focus of the institution with the... the FLRA, that is... with the institutional goals which it has in fashioning unit-wide remedies, as opposed to individual remedies... is that institutional focus sufficient to allow us to say that the duty of fair representation in the federal sector is less significant and less worthy of protection than in the private sector?
It's our feeling that had Congress wanted to depart from the principles of Vaca, the reasonable thing for Congress to have done would be to say something about it.
The legislative history is actually... is absolutely bereft of any mention that Congress wished to fashion different rules in this setting.
Moreover, the legislative history is ripe with mention of the things that Congress wished to change, places where it wished to depart from the National Labor Relations model.
And those are clearly set forth in the management rights provisions and so forth.
But here--
Unidentified Justice: Fairness is not... it's not just the legislative history that's rife with that.
It's the terms of the statute.
You wouldn't have needed the legislative history's reference to those differences.
Mr. Duffy: --Well, surely, Your Honor--
Unidentified Justice: Management's rights are set forth in the statute with some specificity.
Mr. Duffy: --With a great deal of specificity.
Surely, we'd look to the language of the statute first.
My point here is, of course, there is no statutory discussion--
Unidentified Justice: My point is that the departure that the legislative history refers to... the other departures that the legislative history refers to are departures that are contained in the text of the statute.
Mr. Duffy: --That may well be the case, Your Honor.
However, I don't think where we have no indication in the statute that Congress wished to depart from the principles in Vaca, then we look to the legislative history, and what does the legislative history tell us?
The legislative history tells us nothing about Vaca, no indication that... there's no indication in the legislative history... in fact, there's an implication to the contrary... that the role of the FLRA and the role of the FLRA general counsel is to be modeled after the NLRB.
Surely, if Congress wanted us to change from that model in this significant respect, given the number of decisions of this Court enforcing the duty of fair representation, there would have been some discussion in the legislative history describing the role of the National... of the FLRA sayings look, we intend the FLRA to have greater jurisdiction or exclusive jurisdiction.
We intend to depart from the principles enunciated in Vaca, and that didn't happen here.
If there are no further questions, I'll reserve my time.
Unidentified Justice: Thank you, Mr. Duffy.
Mr. Gordon, we'll hear now from you.
Mr. Gordon: Mr. Chief Justices and may it please the Court:
In this case the Court is once again called upon to decide whether a private remedy is implicit in a statute which does not expressly provide for it.
And in recent years, but starting long before the enactment of the Civil Service Reform Act, this Court has held in a considerable body of case law that the creation of an implied private cause of action to enforce a particular statute... a statutory duty is the function of the Congress and not of the Court, and that the ultimate issue before the Court in deciding this issue is whether the Congress did, in fact, intend to create such a private right.
To discern this congressional intent, the Court has said it will look to the language of the statute, the structure of the statute, the legislative history of the statute.
And unless a congressional intent can be discerned from these factors or from some other relevant source, the essential predicate for implying a private remedy simply does not exist.
The Petitioner asserts in his brief that the Court's task in ascertaining this matter in this case is simplified because the Congress modeled the Civil Service Reform Act on the Labor Management Relations Act in the private sector, where the Court long ago fashioned a private remedy for the judicially developed doctrine of the duty of fair representation.
And Petitioner asserts that Congress, therefore, must be held to have incorporated this private cause of action into Title VII of the Civil Service Reform Act.
This argument, I respectfully submit, is misdirected.
I think from the outset it must be emphasized that the Civil Service Reform Act is not an extension of the Labor Management Relations Act.
It is, indeed, a new law designed to regulate for the first time labor-management relations in the federal government, labor-management relations, incidentally, with problems and issues which are unique unto themselves and which differ materially from those to be found in the private sector and particularly wherein the role of the union is far more circumscribed than the role of labor organizations in the private sector.
And moreover, while the Labor Management Relations Act may well have acted as a backdrop to the enactment of the Civil Service Reform Act, the Civil Service Reform Act is far more closely related to the executive orders which governed labor-management relations in the federal government for 18 years prior to the enactment of the Civil Service Reform Act.
And, indeed, the language of the duty of fair representation which is at issue here is taken almost in haec verba from the executive order.
Indeed, if the Civil Service Reform Act is related to anything, it is a codification of the executive orders rather than the Labor Management Relations Act.
Unidentified Justice: I must say I've never heard a union argue this before, but it's... it's an interesting [inaudible] to hear from that side.
Mr. Gordon: Thank you, Justice Scalia.
Now, with respect to the language and structure of the legislative history of the Civil Service Reform Act, the Act differs materially from the Labor Management Relations Act, and while there are certainly some similarities between the two acts, the differences far outweigh the similarities.
But with respect to the duty of fair representation, which is the issue before the Court today, this difference is particularly cognizable.
Thus, unlike in the private sector, the Congress here expressly treated with a duty of fair representation, which was never done in the private sector.
And it did so by expressly codifying the duty into the statute.
And moreover, even more importantly, it expressly provided an administrative... administrative enforcement scheme including an effective remedy for the breach of such duty.
Unidentified Justice: xxx but they... but any complaint against a union made administrative could... could just be stopped dead in the water by the general counsel.
Mr. Gordon: That is correct, Justice White.
That is true of many aspects--
Unidentified Justice: And the Court, made quite a bit.
about that in Vaca, didn't it?
Mr. Gordon: --That is correct, Justice White.
The Court did speak to this issue in Vaca.
But this issue was one of several which the Court considered in Vaca and why it maintained the private cause of action in Vaca.
I respectfully submit that the other factors on which the Court relied in Vaca, which may have been equally and even more important to the Court at the time, are not present in the Civil Service Reform Act....
Unidentified Justice: Such as any equivalent to Section 301.
Mr. Gordon: What is one of them, Your Honor, yes.
The absence of the 301 section, yes, is certainly one of the considerations and a consideration which the Court took into great consideration in... in Vaca.
And I, I respectfully submit, Justice White, that if there is only one leg of Vaca remaining, namely, the unreviewable power of the general counsel to dismiss charges and not issue complaints, that this would not warrant an inference that Congress intended to create a private cause of action when the remainder of the statute makes it so eminently clear that Congress, indeed, wanted to limit the... the role of the judiciary in this respect.
I think what the Congress has done here is that it picked up the very pieces that were missing in the private sector in Steele and in Syres, and it injected them into this statute in order to prevent and foreclose the necessity of judicial... of a judicial private cause of action.
Nor is the language of the structure of the legislative history of the statute uninformative regarding judicial involvement.
Quite to the contrary.
The... Section 7123 very specifically limits the courts' intervention to three instances: one, that an aggrieved party... party aggrieved by a final order of the Authority may petition in the appropriate circuit court for review of the Authority's final order.
Secondly, the Authority itself may petition an appropriate circuit court for enforcement of its order.
And the district courts come into play only in one instance, namely, in the third instance whereupon the issuance of a complaint by the general counsel, the Authority may petition United States district court for temporary injunctive relief.
These are the only instances in which Congress has provided any judicial intervention in the enforcement of the statute.
And as I said before, Congress certainly was aware... Congress certainly must have been aware that the existence of 301 in the Labor Management Relations Act which empowered the district courts to enforce labor-management collective bargaining agreements, that this was an intensely... intensely practical consideration, if I may use the words of Vaca, for maintaining a private cause of action.
And yet, the Congress, when a somewhat similar provision was proposed, specifically rejected it.
Moreover, it left it to the... with the... not only rejected it, but it transferred the duties which district courts had under 301 directly to the Federal--
Labor Relations Authority.
Thus, for example, where... in the private sector under 301 federal courts, of course, will review arbitration awards.
When this was proposed during the enactment of this law, the Congress rejected it and placed this power into the hands of the Federal Labor Relations Authority, indeed, a nonreviewable power.
And I am sure these compromises were not accidental.
This was not done by any oversight by the Congress.
These... this limitation of the judicial function was the product of extensive debate and of legislative compromise.
Now, with respect to the legislative history, which is, of course, another consideration, as I've mentioned, which the board... which the Court will take into consideration, I must agree with my brother that there is, indeed, a paucity of legislative history which is directed directly to the duty of fair representation.
And Petitioner asserts that this very paucity leads to the inference that Congress must have intended to include the private cause of action which is prevalent in the private sector under the judicially developed doctrine.
Again, I think this kind of an argument is misplaced because the legislative history certainly is not silent regarding the way this Act is meant to be administered.
It... the legislative history may be sparse with respect to the duty of fair representation, but it is quite specific regarding the administration and the enforcement scheme of the statute itself.
I've already spoken, of course, to the legislative compromise regarding the limited judicial involvement.
And in this context, the House report specifically said that it is the Federal Labor Relations Authority which shall make the final decision regarding the issuance of unfair labor practice complaints.
And the only matters specifically referred to in Section 7123, which I just mentioned, shall be judicially reviewable.
Similarly, the Senate report also said that all complaints of unfair labor practices that cannot be resolved by the parties shall be filed with the FLRA.
And the conference committee which rejected the... which rejected the proposal to include a similar... a... a... a clause somewhat similar to Section 301 also said that these matters shall come to the... for the consideration first of the FLRA.
In the face of this congressional intent to create a comprehensive and administrative enforcement scheme, I submit it is difficult, indeed, to attribute to the Congress an intent to incorporate by silence a private cause of action.
Unidentified Justice: You say the administrative remedy is not only comprehensive, but adequate I suppose.
Mr. Gordon: Yes, I believe, Justice White, it is adequate--
Unidentified Justice: What kind of... what kind of--
Mr. Gordon: --since the... since Section 7118 specifically provides that the authority is authorized to issue back pay orders, for example, where back pay is indicated.
Unidentified Justice: --Against whom?
Mr. Gordon: Well, the... the... the Authority has broad remedial powers which I submit are quite adequate and which the Authority has exercised.
Unidentified Justice: Can the... can the... can the Authority order the union to pay anything?
Mr. Gordon: Yes.
Yes, it may.
Unidentified Justice: What?
Mr. Gordon: Whatever... whatever damages the Authority will seek.
There could be back pay, for example.
Unidentified Justice: Well, back pay normally runs against the employer.
Mr. Gordon: Well, under Vaca v. Sipes, it runs to the employer, but since Vaca and Bowen, the... the Court has extended this so that unions have become equally liable to pay back pay--
Unidentified Justice: So, you think--
Mr. Gordon: --the Court--
Unidentified Justice: --the administrative remedy would include any remedy that might... a court might give.
Mr. Gordon: --Well, it would certainly not include punitive damages, for example, since the Authority would not be authorized to issue any orders which... which are punitive in nature.
But in all other respects, the Authority has very broad authority, if I may use that term, to fashion adequate remedies.
And in the light of this, as I say, it... it is very difficult to attribute to the Congress an intent, to incorporate by silence a private cause of action.
Indeed, the result of this would be that an individual employee could completely bypass not only the substantive and procedural provisions of the Act, but also he could bypass the very agency which the Congress has created to administer this Act.
And in the light of the decisions of this Court as recently as a year ago in U.S. v. Fausto and even as recently as six months ago in Schweiker v. Chiilkee where... wherein the Court reaffirmed its holding in Bush v. Lucus, I... I submit that such a remedy could not be implied.
In conclusion, I only want to say that as in the private sector, the duty of fair representation is alive and well in the federal sector and serves in the words of Vaca v. Sipes as a bulwark to prevent arbitrary union conduct.
However, the injection of a private cause of action to enforce the duty would, indeed, circumvent the congressional intent to create a comprehensive and integrated administrative enforcement remedial scheme and might well create the duplication of litigation and inconsistent remedies which the Congress intended to avoid and which this Court has cautioned against.
If there are no other... and I believe that the holding of the court below should be affirmed.
If there are no other questions, this concludes my arguments Mr. Chief Justice.
Unidentified Justice: Thank you, Mr. Gordon.
Now, Mr. Taranto, we'll hear from you.
Mr. Taranto: Thank you, Mr. Chief Justice, and may it please the Court:
Virtually the whole of Petitioner's case rests on the assertion that just as there is a private right of action for breach of the duty of fair representation under the RLA and the NLRA, there surely must also be an implied right of action under the CSRA in the federal sector.
Like the Respondent union, the government believes that is wrong.
I want to summarize why we think the evidence is simply not sufficient for Petitioners to sustain their claim that the 1978 Congress that enacted the CSRA intended to authorize suits against unions for breach of the duty of fair representation.
The principle factors that this Court's decisions rely on as counting against any implied right of action are present here.
The statutory language is duty imposing rather than right creating.
The statute, far from failing to address remedies, expressly sets up an elaborate remedial scheme.
There is no evidence in the legislative history of any intent to create an implied right of action, and the legislative history in fact reflects a commitment of collective bargaining agreement disputes to the FLRA and not the courts.
But I want to focus my argument on why it is wrong to suggest that Congress must have meant to borrow the implied right of action from the NLRA, as explained in Vaca v. Sipes.
To begin with, there is no mention of Vaca or of any private sector analogue in the statute or the legislative history.
It was from the pre-1978 federal sector labor law, the executive order, that the express provision imposing the duty of fair representation along with the unfair labor practice remedy was taken.
Under the executive order.
Respondent had the same duty of fair representation rights and Petitioner had... and Petitioner had the same administrative remedy as he has here, though without judicial review.
In fact, there are also affirmative reasons to think that Congress did not intend the private sector analogy in this setting.
It's worth noting first that if there was a borrowing from the NLRA, it's significant that it seems to have been a very carefully limited borrowing, because the CSRA took the duty which was only implied in the private sector and made it express, but it didn't take the right which was also only implied under the NLRA.
But in any event, the... the and analogy to the NLRA remedial scheme simply does not fit well with the CSRA scheme.
The... the two statutes are sufficiently different in crucial respects, both substantive and remedial, that the rationale of this Court's decision in Vaca does not carry over in significant degree into the federal setting.
First, in the NLRA context, Vaca noted the private right of action was found to be implied in the statute before there was any administrative enforcement mechanism, and there was no evidence of a congressional intent later to preempt that judicially recognized right.
In the FLRA context, the question is not one of congressional displacement of a preexisting right of action for there was no right of action prior to 1978.
The question rather is of congressional intent to create the right of action.
And in the CSRA setting, the administrative enforcement scheme was created in the very same act that contains the duty, a key basis for both Vaca and Steele, therefore, namely, the absence of... of an administrative remedy is missing in this setting.
Vaca also emphasized a closely related practical aspect of that point.
Most duty of fair representation cases involve questions about labor contract negotiating positions or the handling of grievances.
But Vaca pointed out that those matters are generally outside the jurisdiction of the NLRB and therefore outside its expertise.
The situation is quite different in the federal sector.
The FLRA does have jurisdiction to resolve negotiability disputes, and it also has jurisdiction to review the arbitration awards that result from grievance procedures.
Those matters, therefore, are already within the authority of the FLRA; and it makes good sense for Congress to have relied on the agency's expertise.
Vaca rested as well on the idea that the private right of action serves as a necessary counterweight to the union's power to strip employees of preexisting rights and forms of redress, but in the federal sector, unions do not have anything like that kind of power.
Perhaps most important, the CSRA expressly provides that a labor contract cannot strip federal employees of their appeal rights under statute or regulation.
In addition, while in the private sector recognition of an exclusive bargaining representative deprives individual employees of their right to make individual contracts with the employer, in the federal sector, most employees do not lose any such right because they are not employed pursuant to contract in the first place.
They are appointed under terms set by statute and regulation.
And the matters that are actually determined by labor contracts are themselves far more limited in the federal sector.
Those matters do not include wages, hours or any of the matters covered by certain regulations or the broad statutory management rights provision.
Finally, Vaca stressed that employee suits against employers for breach of the... of collective bargaining agreements are already in court under Section 301 of the LMRA.
And those suits typically require as a precondition to upsetting the finality of an arbitration award that the employee show that the union representing him breached the duty of fair representation.
The issue, as Vaca said, will therefore already be resolved in court, and it makes sense to ensure that relief can be had against the union for its share of the harm.
Again, the federal setting is entirely different.
There is no analogue to Section 301.
Instead, in the situation addressed by Vaca, after compulsory arbitration, an employee may challenge the arbitral award only before the FLRA, and there is generally judicial review of FLRA decisions.
Thus, a private right of action in the federal sector cannot be supported as an adjunct to an employee/employer case that is a already in court.
Unidentified Justice: I would think the reverse argument would be true, that if you want one place to settle... to settle a claim against the employer and the union, you ought to do it where you can get the employer.
Mr. Taranto: Well, you... you can get an employer for unfair labor practices before... before the FLRA.
Unidentified Justice: Exactly.
That's what I mean.
Mr. Taranto: That's right.
And... and in an unfair labor practice proceeding, there would eventually be judicial review.
In fact, recognizing a private right of action would run counter to the decision by Congress to keep collective bargaining agreement disputes out of the courts, except where they are tied up with unfair labor practice questions.
As Delcostello noted, most duty of fair representation claims involving grievances require as a precondition to relief that the employee show not only that the union breached the duty, but also that the employer breached the contract.
Thus, if the courts were to recognize the private right of action that Petitioner requests, other than through an unfair labor practice proceeding, they would be addressing precisely the... the collective bargaining agreement questions that Congress decided to keep out of the courts.
For those reasons, we think that there is no sufficient reason to believe that the 1978 Congress intended to borrow the private sector enforcement scheme as a supplement to the administrative scheme it set forth expressly in the statute.
The judgment of the court of appeals should, therefore, be affirmed.
Unidentified Justice: Thank you, Mr. Taranto.
Mr. Duffy, you have 16 minutes remaining.
Mr. Duffy: Thank you, Mr. Chief Justice.
The point made by the Solicitor General's Office is that... and by the union is that the role... the role of the union may well be circumscribed somewhat in the federal labor relations scheme.
That role... the critical difference is that that role has to do with the union's relationship with the employing agency.
The union, as I think everyone recognizes, has less power than in the private sector with regard to certain issues of bargaining which would normally be reserved in the private sector for the adversarial parties.
What the union's argument ignores are what we feel are the crucial similarities between the statute and those are the similarities which we believe are the underpinning of the Court's decision in Vaca.
And those similarities again: exclusive representation and unreviewable discretion of the general counsel.
The fact that there's not a Section 301 direct analogue or analogue of any sort in the Civil Service Reform Act is not, we believe... doesn't advance the inquiry before the Court significantly.
And the reason for that is, after Vaca, the Court has recognized in Delcostello that the basis for the duty of fair representation is not Section 301, but the need for the duty of fair representation is implied from the structure of the entire collective bargaining framework, which grants such exclusive powers to the majority representative, even over the most unwilling minority, grants exclusive access to the arbitration mechanisms and may not have an adequate administrative remedy through the FLRA or the NLRB.
And those we think are the... the underpinnings of the Vaca decision.
The duty of fair representation is implied as a necessary implication once those sorts of powers are granted to a majority representative.
We have to put something in the system that assures that there will be an adequate remedy when the majority representative abuses its power or abdicates its position as the representative, which happened here below when the union told the employee we're not going to consider the merits of your arbitration because we're bound by what we did in our previous arbitration.
There's no indication in passing the CSRA that Congress evinced any more or any reluctance to have judicial review of FLRA actions than of NLRB actions in the National Labor Relations Act.
Section 7123, with the exception regarding arbitrability, is essentially what we have in Section 10.
We have appellate court review in the... in the federal circuit courts of appeal for those sorts of activities.
Even the exception with regard to arbitrability, going in the first instance to the FLRA... even that exception is not the case where we have unfair labor practices, and those are reviewable just as they are reviewable in the private sector model.
So, there's no indication from the legislative history that Congress was dissatisfied with the national labor relations system or wanted less judicial review than what we have long experience with in the... in the private sector.
The union makes the point that the Federal Labor Relations Authority has broad remedial powers which may well include back pay.
We... I think that everyone recognizes that the Authority, in fact, does have broad remedial powers.
It has broad remedial powers which parallel the NLRB, and those same broad remedial powers are what the Court was looking at in Vaca v. Sipes.
And I think that the problem which Vaca recognizes is that it's not the existence of the remedy that's in question.
It's the application of the remedy and the access to the remedy.
If the individual employee who has been injured by his union's breach of the duty of fair representation through actions, unreviewable actions, of the general counsel's office can't get into the system where he has those sorts of remedies available to him, then the system doesn't work very well.
And it's that wrong about which we believe Justice White was writing in Vaca v. Sipes when he wrote that the existence of even a small group of cases in which the union would be unwilling or unable to remedy the breach of the duty of fair representation would frustrate the very purposes of the duty.
The Solicitor General's Office suggests that there is a danger here of inconsistent results that you might have a different... a different result before the FLRA than possibly before the... the courts, and that the FLRA ought to be given the primacy for developing the duty of fair representation in this area.
I... I... I think that, first of all, it doesn't recognize that the duty of fair representation... the contours of that duty have been well developed for over 40 years of federal court jurisprudence since Steele.
We know what the duty of fair representation is.
The Authority, in fact, looks to the private sector duty of fair representation, and well it should.
We have the... the law library is full of examples upon which it may draw to determine what is a preach of the duty and what remedies are appropriate.
So, we believe that far from reaching inconsistent results, that the Authority will, in fact, look to the private sector law and should, in fact, look to the private sector law to determine the contours of the duty.
Unidentified Justice: Is the... under... under the federal law in the federal sector, is the violation of the duty of fair representation... is that an unfair labor practice?
Mr. Duffy: The Federal Labor Relations Authority has taken the position that it is an unfair labor practice.
One of the things--
Unidentified Justice: What did the statute say in giving... in... in putting it... it expressly puts a duty on the union, doesn't it?
Mr. Duffy: --That's correct, Your honor.
Unidentified Justice: But it doesn't say expressly that it's an unfair labor practice?
Mr. Duffy: No.
Interestingly enough, the statute... if... the statute doesn't say anything at all about whether or not the duty of fair representation is an unfair labor practice.
That's no more clear than it is in the private sector.
Unidentified Justice: Yes, but the... the... the board has held that it is an unfair labor practice.
Mr. Duffy: The Authority has taken the position, much like the National Labor Relations board--
Unidentified Justice: Has that been subject to judicial review?
Mr. Duffy: --I--
Unidentified Justice: I mean, it is subject to... to judicial review... that--
Mr. Duffy: --Yes, it is subject to judicial review, and I--
Unidentified Justice: --And its decision in any fair representation--
Mr. Duffy: --Yes.
Unidentified Justice: --case is subject to judicial review.
Mr. Duffy: That, would be reviewable in the courts of appeal--
Unidentified Justice: Yes.
Mr. Duffy: --much like in the National Labor Relations Act.
And to answer your question, yes, that question has been addressed in Judge Bork's decision in the National... the NTEU v. FLRA case cited in our brief at 800 F. 2d.
Unidentified Justice: And it affirmed... affirmed the Authority?
Mr. Duffy: Yes, it affirmed the Authority.
I'm not certain that it... no, it did not affirm the Authority.
It reversed the Authority because what it held was that the Authority was attempting to impose a broader duty of fair representation with regard to that particular issue, and it, said, no, you've got to go with the [inaudible] private sector duty--
Unidentified Justice: But it didn't disagree with the notion that it was an unfair labor practice.
Mr. Duffy: --It did not disagree with the notion that it was an unfair labor practice.
Judge Bork felt that the language of 7114, in which the duty of fair representation is found, was sufficient to have the duty of fair representation treated as an unfair labor practice.
Interestingly enough, though, the fact that Congress did not specifically provide a remedy for duty of fair representation breaches as unfair labor practices is further... a further indication, we feel, that Congress intended no different result here in the CSRA context than in the FLRA context.
Certainly, this was an opportunity when Congress went through and enumerated the list of unfair labor practices in... in the Civil Service Reform Act, it had an opportunity to say one of those enumerated practices is breach of the duty of fair representation and, in fact, it didn't.
The only reason that the Court of Appeals for the District of Columbia has found that is that there is a catch-all provision in the unfair labor practice provisions under the Civil Service Reform Act, and the duty of fair representation has been treated as part of that catch-all jurisdiction.
But there's certainly no specific legislative indication that Congress wished to... wished a specific unfair labor practice remedy which was somehow different than in the private sector.
Unidentified Justice: The D.C. Circuit didn't make that decision on its own.
I mean, it was... it was in... in effect, validating the FLRA's determination that there... that there was such a... a right.
Mr. Duffy: I think that's correct, justice Scalia.
I don't... I might be wrong, but I don't believe that the FLRA has taken the position in any of the cases of which I'm aware that there is no duty of fair representation... unfair labor practice jurisdiction.
I... in facts, I think quite the contrary is true.
One of the assertions, one of the arguments, by the Solicitor General's Office is that the Federal Labor Relations Authority will somehow develop greater expertise through its determination of arbitrability than the courts, and that therefore we should give such questions solely to the FLRA where the duty of fair representation is concerned.
I think that that argument has an essential fallacy as a premise.
And the... the fallacy is that only employer... only duty of fair representation breaches will come up where employer conduct is implicated.
And that's certainly not the cases, nor was it the case in two out of the three breaches of duty of fair representation here where the union acting by itself, totally without regard to employer conduct, breached its duty of fair representation.
And with regard to those issues, we're not involved with contract administration whatsoever.
With regard to those issues, we're involved with the basic substantive duty of fair representation law.
Was the union discriminating against this employee?
And again, here below, two out of three cases, the... the union was in this case.
Unidentified Justice: But in most unfair representation cases, aren't you really complaining about the union's failure to... to take his case against the... against the employer?
Mr. Duffy: Certainly I think that the bulk of such cases are contract breach cases.
Unidentified Justice: And you're not about to win an unfair labor... unfair representation case unless you prove that the employer was at fault, too.
Mr. Duffy: I think that's a necessary corollary--
Unidentified Justice: Yes.
Mr. Duffy: --in the breach of contract cases.
It's certainly not a necessary corollary or even part of the analysis in situations where the duty of fair representation doesn't have any employer conduct implications whatsoever.
Unidentified Justice: For example--
Mr. Duffy: xxx--
Unidentified Justice: --[inaudible] something in this case about that.
Mr. Duffy: --Oh, in this case?
In this case, the union decided to arbitrate for another employee, notwithstanding the fact that this employee Petitioner had... who had been employed for almost 20 years by the federal government had been functioning in this job.
The union decided to arbitrate for the other employee without any consideration of Petitioner's merits whatsoever, and in so doing, held the district court, breached its duty of fair representation.
A second example of that was when the union went to arbitration on behalf of the other employee.
When the union went to arbitration on behalf of the other employee, it provided no notice that there was an arbitration going on over Petitioner's job.
It provided no opportunity for him to be heard, and it failed to present any of his views to the arbitrator.
No employer conduct involved whatsoever there.
Yet, nevertheless, the union had failed and we believe failed abjectly in its duty of fair representation.
In summary, we believe that the... the grant here of the powers which lie at the heart of the duty of fair representation, the grant of exclusive representational powers, the grant of... of majority rule, the grant of exclusive access to the grievance and arbitration mechanisms, to the union necessarily compel district court subject matter jurisdiction to provide a judicial forum for employees who are injured by their duty of... by the union's breach of the duty of fair representation, just as in the private sector.
There are no salient differences between the private sector model and the public sector model which Congress is intending to create.
Congress directed us to look to the private sector model when it was fashioning this system.
I don't think there is a departure here which is warranted.
If Congress had wanted to change... if Congress had any dissatisfaction with the Court's ruling in Vaca, the... the... with the essential premises in any of the duty of fair representation cases under the National Labor Relations structure, we would have seen some congressional mention of that, I'm sure, in the 20 years since Vaca.
And instead, we've seen nothing to indicate that Congress in any way is displeased with the necessary implication of a judicial forum where the union has breached its duty of fair representation.
If there are no further questions, we would urge that the decision of the Ninth Circuit be reversed and the case remanded for further proceedings.
Chief Justice William H. Rehnquist: Thank you, Mr. Duffy.
The case is submitted.


text:
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As Obama Settles on Nonbinding Treaty, "Only a Big Movement" Can Take on Global Warming
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After Police Abuses Caught on Video, a New Guide Teaches How to Best Archive and Distribute Footage

subset: commoncrawl


text:
Pakiet: wesnoth-1.10-sotbe (1:1.10.5-1~ubuntu10.04.1) [universe]
Odnośniki dla wesnoth-1.10-sotbe
Zasoby systemu Ubuntu:
Pobieranie pakietu źródłowego wesnoth-1.10:
- [wesnoth-1.10_1.10.5-1~ubuntu10.04.1.dsc]
- [wesnoth-1.10_1.10.5.orig.tar.bz2]
- [wesnoth-1.10_1.10.5-1~ubuntu10.04.1.debian.tar.gz]
Please consider filing a bug or asking a question via Launchpad before contacting the maintainer directly.
Original Maintainers (usually from Debian):
- Debian Games Team (Archiwum e-mail)
- Gerfried Fuchs
- Vincent Cheng
It should generally not be necessary for users to contact the original maintainer.
Zasoby zewnętrzne:
- Strona internetowa [wesnoth.org]
Podobne pakiety:
"Son of the Black-Eye" official campaign for Wesnoth (branch 1.10)
This package contains the "Son of the Black-Eye" campaign for Wesnoth: "Your father Karun Black-Eye was the greatest orcish leader that ever lived. Now, as his son, it's up to you to thwart the selfish designs of the humans who have broken the old agreements with the orcs and are bent upon taking your lands. Unite the warring orcish tribes, bring together the Orcish Council and call up the Great Horde to send the human-worms and their wose-born allies to the land of the dead!" (Expert level, 18 scenarios.)
Battle for control of villages, using variety of units which have advantages and disadvantages in different types of terrains and against different types of attacks. Units gain experience and advance levels, and are carried over from one scenario to the next in a campaign.
Inne pakiety związane z wesnoth-1.10-sotbe
- dep: wesnoth-1.10-core (<< 1:1.11)
- fantasy turn-based strategy game (branch 1.10)
- dep: wesnoth-1.10-core (>= 1:1.10)
Pobieranie wesnoth-1.10-sotbe
|Rozmiar pakietu
|Rozmiar po instalacji
|5 979,7 KiB
|9 580,0 KiB
|[lista plików]


text:
New LED TV, save audio language (possible? how?)
by Samsung_HD_Tech - 1/31/11 2:02 PM
In Reply to: Request: New LED TV, save audio language (possible? how?) by jintxo
Being in the U.S., I'm a little unfamiliar with the broadcast options in your area. I'll be happy to escalate this issue (through the U.S.), but at this time I don't have a solution to offer. I don't believe that saving that setting for each channel is an option for multi-language broadcasts, but that's about as far as I know.
I'd also encourage you to reach out to the Samsung customer service center in your region, since they may be better able to speak on this.


text:
Hi there,
did anybody else experience problems with the automatic hashtags in Twitter Tools? I want Twitter Tools to add to all of my tweets the hashtag #fb (so that "Selective Twitter" in Facebook is able to publish the Tweet) but although the "hashtags"-Plugin is activated and the hashtag "#fb" is saved in the TT-settings, it won't be added to my tweets. twitter-tools-hashtags.php has 644 on the server - does it need more rights?
Any ideas,


text:
Missouri Archaeology Month
September 2014 was Missouri's seventeenth annual Archaeology Month, sponsored by the Missouri Archaeological Society, Lindenwood University, and the Missouri Department of Natural Resources. Archaeology Month is a state-wide celebration of archaeology held every September. Events include an Annual Fall Symposium and distribution of the Missouri Archaeological Society's educational poster to over 10,000 schools, institutions, and members. Are you an educator interested in using this poster in your classroom? Download a copy of the More Than Shelter Poster Lesson Ideas.
Request a copy of a previous poster:
To see images of some of our posters, follow this link; some copies of posters from previous years are still available. To request free copies of Archaeology Month posters, please contact the MAS office. Please note that if you are a nonmember who resides outside of the state of Missouri, you must send $3.50 to cover the cost of materials and postage.
Fall Symposium 2014
The Archaeology Month Symposium was September 20 at Graham Cave State Park in Danville, Missouri. The 2014 Symposium was held in conjunction with the Park's Archaeology Day. 2014 is also the Park's 50th anniversary.


text:
Scheduled Castes can buy cows with 50 p.c. subsidy; STs get 70 p.c.
An animal husbandry scheme, primarily to serve the interests of the Scheduled Castes and the Scheduled Tribes, the landless people and the agricultural labourers, which was enunciated in 2007-08 and yet to be implemented, has now come to light and orders have since been issued to the primary agricultural cooperative societies, the district cooperative banks and the Karnataka Milk Federation to implement the funding programme immediately. Action will be initiated against those who fail to comply with the directions of the government.
Minister for Cooperation B.J. Puttaswamy, during a review meeting here on Wednesday, reprimanded the officials concerned and directed that a circular be issued. Under the programme, Scheduled Castes are eligible to purchase cows with a 50 per cent subsidy while for the Scheduled Tribes, a 70 per cent subsidy is provided.
The beneficiaries are eligible for a loan not exceeding Rs. 70,000 (finalised in 2007) and now, it is being raised to Rs. 1 lakh given the increase in the cost of milch animals.
Briefing presspersons after the meeting, Mr. Puttaswamy said that for the benefit of the Scheduled Castes and the Scheduled Tribes, loans would be provided for the margin money required. A family can procure not more than two cows under the scheme. Further, the Scheduled Castes and Scheduled Tribes cooperative societies promoted under the scheme in the Hyderabad-Karnatak region will be eligible for a government grant to form cooperative societies.
The Hyderabad-Karnataka region contributes only 20 per cent of the milk produced in the State, while over 50 per cent per cent of the milk production is from the southern districts.
On the farm loan waiver scheme announced by the government nearly three months ago, following drought in 140 taluks of the State, the Cooperation Minister said that while the requisite funds for the waiver (estimated at Rs. 3,500 crore) has been set apart by Finance Department, the district cooperative banks were yet to submit the reimbursement bill.
A ceiling of Rs. 25,000 on the farm loan amount that is set to be waived is directly handled by the primary agricultural cooperative societies which, in turn, have to obtain a reimbursement from the district cooperative banks.
He said that of the subsidised crop loans being provided by the government, changes have been introduced to ensure that the small and poor farmers benefit the most. Further, steps have been taken to provide loans with a preference to new applicants (at least 25 per cent). The zero per cent interest farm loan (with a ceiling of Rs. 1 lakh) has been provided to 7.45 lakh farmers in this financial year and the gross outgo was Rs. 2,346 crore.
It is expected that nearly 19 lakh farmers will seek farm loans totalling nearly Rs. 6,500 crore.
In the last financial year, farm loans were disbursed to 17 lakh farmers and involved an amount of Rs. 5,600 crore. For being eligible to obtain fresh loans, farmers have to necessarily repay the loans obtained. The rate of recovery is around 98 per cent. Apart from the zero per cent interest farm loans, the farmers are eligible for loans up to Rs. 3 lakh at an interest rate of three per cent.
Keywords: animal husbandry scheme


text:
I spent part of this afternoon walking through the offices of some local charitable foundations and receiving explanations of the work that they do for abused women, addicts, dysfunctional couples, and the poor.
Sometimes I'm simply astonished at the good that certain people do. Without fanfare, with little or no public acknowledgment, at their own initiative, on their own (literal or metaphorical) dime. I'm often amazed at the stealthy charity of certain very wealthy people, as I've come to learn of it.
It makes me resolve to do a little more myself. To spend a little bit less time and money and attention on nonsense, of which there is already enough and to spare.


text:
Pronunciation: mathematic
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text:
Earth Day TV Ad Links Immigration-Driven Population Growth To California's Environmental Woes
An advocacy group dedicated to limiting immigration to California has unveiled a controversial TV ad linking mass immigration to the state's environmental issues.
KCBS Cover Story Series: Getting By – Living Wage Law Doesn't Always Apply
The latest income data shows that about 20 percent of the Bay Area lives in poverty and that figure is rising while local home prices, the stock market, and the incomes of the very rich are soaring to record levels.
Protesters Seek New UC President's Ouster Over Immigration Stand
University of California President Janet Napolitano's first regents' meeting as head of the system drew about 100 protesters in San Francisco on Tuesday, demanding she be removed from the post.
California Farmers Voice Need For Guest Worker Program; Warn Of Crop Shortage
Farmers said they are having trouble finding enough workers to pick their crops, and may have to switch to machines.
Gov. Brown Vetoes Bill To Allow Non-Citizens On Juries
Gov. Jerry Brown has vetoed a bill that would have made California the first state in the nation to allow non-citizens who are in the country legally to serve on jury duty.
Immigrants Eager To Get Licenses, Gov. Brown Expected To Sign Bill
To get the driver's licenses they've long sought, immigrants living in California illegally will have to do something many have long resisted: publicly identify themselves.
California Set To Issue Licenses For Immigrants In U.S. Illegally
California would become the latest state to grant immigrants who are in the country illegally the right to a driver's license under a bill that passed the Legislature late Thursday and that Gov. Jerry Brown supports.
California Bill Would Allow Non-Citizens To Serve On Juries
Legislation heading to Gov. Jerry Brown's desk would make California the first state to allow non-citizens who are in the country legally to serve on a jury.
California Bill Would Let Noncitizens Serve As Poll Workers
Certain immigrants who are not U.S. citizens could serve as poll workers in California under legislation heading to Gov. Jerry Brown.
Latinos, Whites Hit Population Parity In California
State demographers estimate that whites and Latinos are now an equal share of California's population, with Latinos poised to become a plurality by early next year.


text:
Traders now predict mild gains for crude through the summer—and most likely into the rest of the year.» Read More
After three meltdowns of Hong Kong-listed stocks this week, Dennis Gartman says not to be afraid of of investing in China.
Apple has continued to make its presence felt on the global smartphone market but is now facing a challenge from the Chinese giants.
The transaction that would mark John Malone's latest conquest of the US cable industry.
Having taken pictures in dangerous hot zones, Lynsey Addario built a career on her ability to capture compelling images.
BlackBerry watched the unveiling of the iPhone with awe—then could only watch as the device stole its market share, according to a report.
The Consumer Electronics Show (CES) - the world's largest consumer technology trade show - launched its inaugural Asian event in Shanghai on Monday.
Criticized and even sued for facilitating the counterfeit goods trade, Alibaba has been quietly piloting a plan to curb fakes at source.
Malaysia uncovers 139 graves thought to contain the remains of migrants scattered around suspected human trafficking camps.
Greece has again threatened to default on repayments due to the IMF, saying it will be unable to meet its obligations, the FT reports.
Nigeria's leading cellphone provider warns it needs diesel to prevent shutting down services countrywide.
There weren't as many fireworks at the Memorial Day weekend box office, as newcomer "Tomorrowland" disappointed with a $32.2 million debut.
A company is looking to change the lives of people across the planet by creating drinkable water from solar power and sea water. How?
Despite strict water restrictions, California's water parks are still wet, fairways are still green and showering at hotels is still possible.
John F. Nash Jr., a mathematician who shared a Nobel Prize and was the subject of "A Beautiful Mind" was killed in a New Jersey car crash.
Ken Fisher has made millions in real estate, but he prefers to put his expertise to work for injured veterans and their families.
With people increasingly plugged in to mobile devices, drivers are also more distracted than ever, according to a safety group.
Protesters took to Cleveland streets on Saturday night after a police officer was found not guilty in the fatal shooting an unarmed black man and a woman in 2012.
Often ignored in craft beer circles, lager is starting to get a little love from craft breweries.
Sweden's Mans Zelmerlow won the final of the Eurovision Song Contest in Vienna on Sunday, beating Russia and Italy in the world's biggest international music show.
Ireland is now the first nation to approve same-sex marriage by a popular vote, The NY Times reports.


text:
Jedi Counsel: Accuracy Vs. Defense
View Single Post
Archived Post
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 15
After a certain point the ACC modifier ceases to add to your Crit Chance, at 0 defense Crt Chance actually becomes stronger than Accuracy (in terms of average damage) , and at values lower it only grows stronger.
So basically if you don't have any means of reliably shutting down an enemy's mobility ACC is better by a significant margin. However it is worth noting while your average damage will be higher, your crits will not hurt as hard, and your crit chance still will not occur as often.


text:
Crossroads MylarOne Bijou 3
# Dynamic driver: 9mm # Impedance: 16 Ohm # Sensitivity: 95dB # Frequency response: 20Hz – 22kHz # Cable: 140cm (Bijou, VB), Y-style, angled 3.5mm gold-plated plug # Accessories: Case, silicon tips, shirt clip, 6.3mm adapter (only Bijou)
Crossroads MylarOne Bijou
Crossroads In-Ear
The Custom Art - Music One
"I have Music One for a while now, I already wrote some impressions in the Custom Art thread in here. So I decided to combine them and do a proper review. It is a little gem that punches way above its price point, so definitely deserves a review in my view. Starting with the design. Single BA per side, silicone earpieces, permanent or optional detachable cable (with a little extra..." --AmberOzL


text:
He Hovers Over and Jizz's in His Mouth
Army hottie Marco and USMC Lance Corporal Scott are teaching each other some military maneuvers. They do some pushups and other physical training exercises before they sit down to chat on the edge of the bed. They start watching porn together and talking about the next thing that pops up. Marco is super horny so he whips out his thick brown uncut cock. Scott can't keep his eyes off Marco's cock and he leans over and starts sucking on it greedily. When Marco's dick gets nice and wet he's ready for some anal penetration. Scott happily lays back on the bed with his boots and cammies still on, lifting his legs for the fucking he's about to get. Marco slides up in between his legs and shoves his cock in the ginger hair lined hole. Scott moans quietly as his ass gets pounded relentlessly, wincing each time the uncircumcised cock exits his sphincter. Once he's gotten used to the large latino cock in his ass, Scott spins around to offer his round Marine Corps butt to Marco. The soldier obliges
Website: CLICK HERE
Added: 31 Jul 13
Tags: anal, facial, hairy, swallow, sucking, fucking, tan, tattoos, jacking, muscles, chest, military, uniforms, allamericanheroes, pounding.
Views: 4677
military / uniform


text:
July 13, 2013
Hugh Jackman says he wants joint X-Men, Spiderman and The Avengers film
'The Wolverine' actor eyes huge cross-over flickBuy DVD and Blu-ray
from Amazon UK
Hugh Jackman has revealed he wants to star in a cross-over film with The Avengers, X-Men and Spiderman.
The Australian actor, who takes on the lead role in new X-Men spin-off The Wolverine, told Collider that he wanted Marvel to give the go-ahead to a mass superhero collaboration between some of their most popular titles.
Asked whether such a film could be made, he replied: "I literally asked the same question the other day to Tom from Marvel who works with all the other studios, he works with Sony and Fox, that's his job to liaise.
"I said, 'Man, can this happen?' and he goes 'Look, it's not gonna be easy because you're working with different studios and they're their properties'.
He went on to add: "But I believe - maybe I'm optimistic, I understand at Marvel they've got The Avengers, they've got a lot of big things going on, but at some point I just find it almost impossible that there's not a way to bring Iron Man, all the Avengers characters, Wolverine, the X-Men characters, Spider-Man, and somehow get them in together. I'm in for it, I'm totally up for it because I think that would be really exciting for fans across the board."
Jackman has already made five appearances as Wolverine in X-Men movies, and he's also confirmed for the next instalment, Days Of Future Past, which is due in July 2014. The Wolverine, meanwhile, will open in cinemas on July 25 - scroll down to the bottom of the page and click to watch a clip.
- Previous: New James Bond film to be based on 2008 novel 'Devil May Care'?
- Next: Johnny Depp 'about to sign up for 'Alice In Wonderland' sequel'


text:
- 22 Resorts
- Consistent Snow
- Diverse destinations
- Resorts open before those of many other states
- Home to Vail, Beaver Creek, Copper Mountain
Ski and boot manufacturers have responded to the increased interest and upswing in sales of backcountry gear by investing in new technologies. Full Article
Ski and boot manufacturers have responded to the increased interest and upswing in sales of backcountry gear by investing in new technologies. Full Article
Our on-snow test of the Eider Women's Pila Hoodie. Full Article
Mt. Bachelor adds new GoPro rentals and instruction for creating ski videos to take home or post online. Full Article
15th February 2012
Skis and boots get all the glory but poles are also essential and new technology makes them more versatile than ever. Full Article
13th February 2012
Check out the hottest trends and styles for 2012/2013 before they hit the stores next fall. Full Article
7th February 2012
Check out the hottest gear for 2012/2013 from Backcountry Access, Zeal, High Sierra and more. Full Article
27th January 2012
We bring you a sneak peek of the best gear for next season. Full Article
26th January 2012
Whether you're heading to the Sundance Film Festival or to your favorite ski resort, here are some mountain-chic styles for the slopes or the streets. Full Article
24th January 2012
Day Two of Winter OR debuted more of the best gear and technology for next ski season. Full Article
20th January 2012
OnTheSnow brings the best of Winter OR to you. Scope the top gear, technology and equipment for next season today. Full Article
19th January 2012
Salomon's new sidecountry setup brings hike-and-ride functionality to the one ski quiver. Full Article
17th January 2012
Get snow reports, forecasts, and conditions for your favorite resorts, mountains and ski areas. Get Started


text:
UK Non-profit Aims to Reduce Embedded Linux Fragmentation on ARM Devices
Set of open source software tools to interact directly with the kernel.
Embedded Linux is more popular now than ever, but because of its ease-of-use, flexibility, and, importantly, free licensing cost, developers have taken the mobile OS in a variety of directions. Google's Android, Intel and Nokia's MeeGo, and Palm's webOS are just three Linux-based distros found on mobile device today, with Ubuntu Lite both entering the tablet scene later this year.
UK non-profit Linaro sets out to address fragmentation by developing a common software foundation and a set of universalization tools for other distributions to use. An OS is installed on top of Linaro and any applications will be written for the target distribution.
The result, Linaro expects, is shortened development time, easier cross-platform application development and improved battery life for mobile phones. Canonical is an engineering partner with Linaro. Canonical's LaunchPad for publishing code and documentation of the project.
The first set of open source tools is planned for a November release, with future releases following every six months.
Issue 175/2015
Buy this issue as a PDF
Code.org and College Board Team Reach Out for Talented High School Coders
New partnership will bring more and better CS training to US schools
A Peek Inside TeslaCrypt Ransomware
Criminals offer online help over Tor network
Mumblehard Still Spams
Sophisticated malware is still present on Joomla and WordPress sites around the world.
Launchpad Gets Git
Future versions of Ubuntu's code service will support the popular Git version control system used with Linux and other open source projects.
AMD Posts Code for Linux GPU Driver
New release marks the arrival of AMD's unified driver strategy.
30 Percent of New Server Equipment Goes to Cloud Infrastructure
A new study by IDC charts big changes in the big hardware market.
Windows Might Go Open Source
Azure CTO says Redmond has already considered the unthinkable.
Linux Mint Will Stay with Ubuntu
Lead developer quells rumors that the Debian version is slated for center stage.
Microsoft Frees Code for .NET Build Engine
MSBuild is now just another GitHub project as Redmond continues its path to the light.
Researchers Demonstrate Hack by Heat
Malware could pass data and commands between disconnected computers without leaving a trace on the network.


text:
THEATRE What's in store for theatre lovers on Sunday
WeMove Theatre is staging a play called P.S I Don't Love You tomorrow at Alliance Francaise at 7.30 p.m. The romantic comedy tells of a couple who are all set to get married when madness strikes them. All the actors will be wearing a black ribbon to protest the death of the gang rape victim in Delhi. The Puttenahalli Neighbourhood Lake Improvement Trust (PNLIT) a non profit charitable trust has been maintaining Puttenahalli Lake in J.P. Nagar 7th Phase for over two years. This is the first citizens' group to maintain a lake. The PNLIT is getting Paradigm Creations of Bangalore to stage an English play Doosra or The Story of Cricket on January 13 at the MLR Convention Centre, Brigade Millennium, J.P. Nagar 7th Phase.
More In: METRO PLUS | FEATURES


text:
Changes related to "J3.x:Detailed instructions for updating from 3.1.2 to 3.1.4"
← J3.x:Detailed instructions for updating from 3.1.2 to 3.1.4
This is a list of changes made recently to pages linked from a specified page (or to members of a specified category). Pages on your watchlist are bold.
25 May 2015
08:45 Template:AmboxNew (3 changes; hist; -19) [Tom Hutchison×3]
m 08:45 (cur; prev; 0) Tom Hutchison (oops, o not 0)
m 08:44 (cur; prev; -31) Tom Hutchison (update)
m 08:41 (cur; prev; +12) Tom Hutchison (update)


text:
Poems From The Heart In Balance
Book 1
by Poems by: C.M. Fields Photography by: Michael Evans
This is the first book in my new series In Balance. Poems are a key to a persons heart and I open my heart in this series to inspire and uplift others.
I'm in the business of helping people. Lifting spirits and inspiring love, kindness and happy souls.
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text:
Joe Jordan is administrator of the Office of Federal Procurement Policy, which is seeking to better align acquisition rules with statutory language.
The Obama administration has proposed adopting more general language for specifying which contracts are exempt from cost accounting standards, saying the change would more closely align the regulatory language with existing laws.
The Office of Federal Procurement Policy and the Cost Accounting Standards Board want to clarify which contracts or subcontracts for commercial items are exempt from cost accounting standards by replacing a list with the phrase "contracts and subcontracts for the acquisition of commercial items."
The current text reads: "firm fixed-priced, fixed-priced with economic price adjustment (provided that price adjustment is not based on actual costs incurred), time-and-materials, and labor-hour contracts and subcontracts for the acquisition of commercial items."
The revision better reflects the statutory language, officials wrote in a Nov. 19 Federal Register notice.
Acquisition rules have changed over the years as bills such as the Federal Acquisition Streamlining Act of 1994 and the Services Acquisition Reform Act of 2003 have become law. The exemptions have had to evolve as well. Now the board says the regulatory language is inconsistent with the description of the exemptions and contract types as defined in related laws.
OFPP and the board are accepting comments on the proposed rule change through Jan. 18, 2013.
About the Author
Matthew Weigelt is a freelance journalist who writes about acquisition and procurement.
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Steve Kelman applauds the OMB's move to make career employees "goal leaders" for performance management initiatives -- but wishes it had come far earlier in the administration.
In an exclusive interview, Jimaye Sones, who was Defense Information Systems Agency comptroller from 2005 to 2013, says he was reassigned after revealing questionable accounting practices at the agency.
Through computer forensics training and internships, veterans are helping Immigration and Customs Enforcement tackle a backlog in child exploitation cases.
After two months on the job studying DOD's cybersecurity and IT needs, Secretary Ashton Carter is set to unveil a new Pentagon cyber strategy in Silicon Valley.
The failure of massive federal IT projects can usually be traced to poor management. The solution is as multilayered as the projects themselves.
Delivering business outcomes with continuously changing IT portfolios requires project managers to have a more entrepreneurial skill set.
The interconnectivity of the Internet of Things makes cyber threats inevitable, says NIST fellow Ron Ross.
Federal CIO Tony Scott says the new law could mean some CIOs will be out of work.
Most CFO Act agencies have made budget requests to fund Digital Services teams.
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Streakers 10/21/11
by Thee Ted Smith
posted Oct 21 2011 12:37PM
What up blogger? So last night I am watching college football on TV switching back and forth between that and the MLB playoffs. Oh yeah the Cards choked last and Ithink taking out the closer was a mistake. So anyhow I am watching the the UCLA VS Arizona game and out of nowhere a guy dressed as a ref runs onto the field and blows a whistleand stops the play. Now at first I thought that was funny but then the game breaks into a big ass fight. A few players started jawing at each other and usually the refs break it up but they were watching the streaking so the fights start and with that the benches clear. Now you got a all out brawl going on and guys throwing punches. Here is my problem is that I thought the streaker was funny at first but then it was his fault that the fight happened. I know that was not his intent but this is a good reason to stay off the field. Leave the playing surface to the players.
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Too much info? 10/20/11
by Thee Ted Smith
posted Oct 20 2011 5:26PM
What up blogger? Man its getting chilly out there even for my big hairy ass. So I love tweeting now that I am on twitter and think thatit is so cool that if anyone whats to get at me they can on twitter and BAMM I can hit them right back. Now sometimes i think should I tweet this or not. It's like facebook where you have to think is this worth posting or is this just going to annoy people. Side note you don't have to work in radio to post too much on facebook as some people post there every move they make. Now while I like these tools i wonder sometimes is this too much info. I love my Sounders FC but do I want to know the El Flaco just pooped? I do BTW. Here is what i am thinking now though is maybe all the access we have to athletes and famous people well let us see that they are just like us. I think in the end will as a people will figure out what is good and bad and how to use these tools but its going to take some time. In the mean time please follow me on twitter @TheeTedSmith and like my fan page on facebook
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Grocery Store 10/18/11
by Thee Ted Smith
posted Oct 18 2011 12:43PM
What up blogger? So man what a long and fun weekend I had last weekend. I left on a red eye flight Thursday night and did not go to sleep till after midnight on Friday night so I was a tired guy but it was worth it as my cousin Pat got married in New York state. The last night after the wedding we stayed up late as hell as well but hey I only get to see the people I love every so often so lets party together right.
Now other thing I love besides my family on the east coast is the grocery store. Yeah I like to go on Tuesday nights for no other reason then hitting the store then relaxing in the hot tub is a nice Tuesday if you ask me. I don't know where my love of the store started but probablystarted with the fact i am a fat and love food so why not go to the place with all the food right. I also think that my love got deeper as i learned not to eat all the bad food in the world so I like to look at it. I like to take my time at the store and see all that is in and how good it all looks. You know I am buying chicken and honey-crisp tonight
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Weddings 10/12/11
by Thee Ted Smith
posted Oct 12 2011 12:35PM
What up blogger? So this year and every year I go to weddings. Now I am a 30 year old man so in the last few years most of my friends have gotten married. Now I have been to thirteenof them in the last few years and been in nine of them. I am a loyal guy so I always go back for these weddings and weddings can be a lot of fun. I will say this about weddings though, and that is people are crazy at them. For some reason people feel it is OK to just go crazy at weddings where-as I am not sure they would be that way other times. I think a big part of it is how emotional weddings are. Its human nature when you are sitting there watching other people get married to start looking at your relationships and such. Now I am guessing that's why so many people hook up at weddings. It could also be that since that movie everyone thinks they can just whore it up at weddings. They can be a ton of fun and they can be filled with drama. I have been to fun ones and ones that had drama and were not fun at any point. Sometimes to I think at weddings a lot of girls just see what they think is a fairy tale happening right in front of them and want it for themself. I have the same feelings of love and emotion when I see my favorite sports team win.
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What to say? 10/11/11
by Thee Ted Smith
posted Oct 11 2011 12:38PM
What up blogger? So the rain is baaaack but as I write this the sun is back so what the hell? So I was just watching a interviewwith Tracy Morgan on the David Letterman show about his comments he made during a stand-up act about gays and killing his son if he was gay. Also just last week ESPN got rid of Hank Williams Jr. for what he said. Now here is my take on some of this stuff which is it's just words. Do I have a problem with gay people and gay marriage? No but yes I have made gay jokes in bad taste for a laugh. Do I think Hank Williams Jr is fun on MNF? Yes do I care what he says no, not one bit. Here is the thing is you saw either of these guys say this in front of you and you were offended then OK you were offended but for the mass of people they just see on the Internet that someone said something and now we have to do something. I am lucky to waork in a place where I can say what I feel here on the Men's Room and on KISW but on the same token people should be able to say things and not have to say I am sorry. Tracy made a bad joke but I don't think he has to say sorry to everyone and if you sit around waiting to be pissed off and looking for something to set you off you will find it. I did that for years and was just angry about stuff for no reason and its no way to live. Why are we so sensitive these days I don't know, but we have to calm down and let people speak there mind. The KKK is a bunch of jackasses so if they want to do a speech about how Jews are bad people let them and then pay them no mind. The more we make a big deal out of nothing allows real evil people to speak their crap because we are too busy worrying about what a comedian and a radio DJ say. So as you can see I will be blogging a little more about whatever these days not just TV so I hope your ready for the mind that is Ted. Now I am off to made classless jokes on the radio so get ready to be mad
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Two Otago secondary school rock bands have been selected
among the top 30 acts nationally to thrash it out in the
final of the 2014 Smokefreerockquest.
Mt Aspiring College band Oddity made the selection process
after winning second place and the best song award at the
Central Otago Smokefreerockquest in Wanaka in July.
And Otago Boys' High School alternative rock four-piece
Chandeliers was selected after winning the Otago finals in
Dunedin, in June.
They were among contenders from 23 regions who sent in DVDs
of their performances, for selection to compete at the
national final in Auckland on September 27.
Smokefreerockquest founder and director Glenn Common said
selecting the national finalists presented the usual
challenge, with a very high level of expertise in all areas
of musicality.
''What we see at this level highlights that there's a lot
more to Smokefreerockquest than just writing a song,'' he
''This event emphasises the whole package - songwriting,
performance and presentation, which is realistic preparation
for making a career in the music industry.''
Last year, Smokefreerockquest introduced a category for
solo-duo performers; and the top 30 list is made up of 20
bands and 10 solo-duos.
The 30 acts would be narrowed down music industry judges.
The final six bands and three solo-duos to play off at
Auckland's Q Theatre will be announced on August 15.
Prize packages include musical gear to the value of $13,000,
a $10,000 recording/music video package from NZonAir, and
radio promotional support and video play on youth music
channel FOUR.
Mr Common said Smokefreerockquest aimed to motivate young
musicians to prove their ability and realise their goals in
their music careers, and to encourage their peers to support
100% original New Zealand music.
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Four people seriously injured as two carriages collide on Alton Towers rollercoaster
Four people have been seriously injured in a collision between two rollercoaster carriages at the Alton Towers themepark.
Jonny Wilkinson's drop goal to win the 2003 Rugby World Cup ensures he will always be remembered as the greatest kicker the sport has seen.
20 May 2014
Wilkinson will not be able to avoid the fuss when he retires this summer
24 March 2014
24 January 2014
14 January 2014
Harry Potter actress Emma Watson is said to be dating Oxford University student and rugby player Matthew Janney — and now Pippa Middleton has come forward to explain her own sporting teenage crushes. The younger sister of the Duchess of Cambridge used her column in this month's Vanity Fair to recall a sport-watching tradition in the family.
09 January 2014
19 December 2013
05 December 2013
Jonny Wilkinson has asked himself the question England fans cannot bear to consider: "What would have happened if I had missed that drop goal to win the Rugby World Cup?"
18 September 2013
Jonny Wilkinson today made a passionate plea to save the Heineken Cup, insisting it would be "an incredible shame" if it falls by the wayside.
18 September 2013
I was able to watch Kevin Pietersen's comeback innings after his injury and I can't think of many people in world cricket who could have batted like he did. His 177 not out in our draw with Yorkshire last week was one of the best knocks you'll see. It was mind-boggling to watch.
26 June 2013


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27 May
Cardiff Blues scrum half rising star Tomos Williams has capped a superb season in the Principality Premiership by being voted best newcomer at the end of season awards.
Sam Hindle
Now in its fourth season the Blues Cup continues to go from strength to strength. The Blues Cup enables youngsters from throughout the region to face each other, from under 12s to under 14s age range and there are sure to be some hotly contested matches.
Clubs wishing to take part in the Blues Cup 2012/13 are now required to register via email@example.com.
Please note that all clubs are asked to ensure there is clarity between coaches wishing to enter the Blues Cup and the clubs M&J committee members. All games to be played by the end of October.
Blues Cup Entry
Blues Cup Teams Sheet
Players Registration Form
Rugby Pathway Book
Rules and Laws - Blues Cup
Ticket Office:
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Forget the delicate soufflé or the crab in aspic. And don't even consider a fragile seven-layer cake. Traveling food, designed to take the bumps in the road, is what picnic food is all about.
At the beach, boat or park, serving a picnic lunch or dinner requires planning to make everything run smoothly. But even the best-planned, best-tasting outdoor meals will be ruined if those at the picnic table get sick.
Here are tips and suggestions for making your alfresco outing successful, delicious and, most importantly, safe:
1. Wash hands before handling food, and use clean utensils and containers: Dirty hands, utensils, containers or work surfaces can contaminate food.
2. Thoroughly chill food before you put it in the cooler: Frozen gel packs make good cooling agents; they stay cold longer than bags of ice. In the cooler, place frozen gel packs between packages of food. This method keeps food much cooler than setting containers of food on top of gel packs or ice.
3. Keep the cooler cool: Avoid putting the cooler in the way-too-hot trunk of your car; it's best to put it in the passenger area. When you get to the picnic site, place the cooler in the shade and keep it closed as much as possible. Keep beverages in a separate cooler because it will be opened frequently.
4. Dishes that contain mayonnaise need to be kept very cold: When mayo is mixed with other ingredients, bacteria can grow if the mixture gets warm. Consider vinaigrette-based salads instead of mayonnaise-laden concoctions. A rice salad with black beans is a luscious alternative and teams beautifully with a wide variety of other dishes (recipe included).
5. Cut melons need to be kept cold: Melons, such as watermelons and cantaloupe, can cause food-borne illness because they aren't acidic; bacteria, such as salmonella, can be present on the rind. Wash whole melons thoroughly before cutting. Refrigerate the cut pieces in a sealed container.
6. If grilling at the picnic site, carry cold, perishable food such as hamburger patties, hotdogs and chicken in a securely wrapped cooler: This will help prevent juices from cross-contaminating ready-to-eat food.
7. Timing is important: Stock the cooler immediately before leaving home.
8. Keep things neat: Take along a large plastic garbage bag so that you can get waste out of sight quickly and not litter the picnic area.
9. Provide large terry-cloth napkins or dish towels: Because they are sturdy, they're especially good for helping guests to stay tidy, especially when finger foods are part of the menu. Packets of pre-moistened towelettes also are handy for sticky fingers.
10. Baskets and colorful plastic trays make attractive serving pieces and aren't breakable: Take flowers and/or greens along as table decorations. Ivy, lemon leaves and sprays of bougainvillea travel well. Baskets of fresh fruit make beautiful edible centerpieces.
11. Have a picnic hamper packed with the basics ready to go at all times: This way you'll have one fewer thing to worry about when a picnic invitation comes. Include a tablecloth, napkins, bottle opener, corkscrew, paper plates, plastic utensils and at least one large plastic trash bag.
12. Keep bugs to a minimum: To keep even the smallest bug or flying insect off the food, consider bringing one or two mesh domes.
13. Bring plastic wineglasses and/or tumblers: Reusable plastic glassware now has the look and feel of glass; it's available in a variety of styles and colors.
Rice and Black Bean Salad
Yield: 6 servings
3 cups cooked long-grain rice, see cook's notes
1 (16-ounce) can black beans, drained and rinsed


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Startups should generally avoid hiring public relations firms, which often charge hefty fees and may lack the skills required to communicate entrepreneurs' stories effectively, writes Kevin Leu, founder of GirlsOnAMap.com. It's a better idea to hire an employee to handle that responsibility, he writes. This employee will probably cost less than a PR firm, and he or she will be dedicated solely to your business.
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Adam Yauch: A Mensch in the World to Come
In his will, late Beastie Boy "MCA" prohibits use of his songs in commercials
Posthumous stories about celebrities are rarely more than just vapid bits of dish or journalistic acts of bathos, but at the risk of binary sin, I stumbled across a story about Adam Yauch—better known as MCA from the the Beastie Boys—that I thought worthy of mention.
According to DNAInfo, Yauch's will bans the use of his music and images in advertisements, which frequently happens in the case of deceased artists and musicians.
The pioneering rapper, whose real name is Adam Yauch, instructed in his will that his image, music and any art he created could not be used for advertising, saving himself from the fate of other deceased musicians whose faces and songs have become corporate shills.
Yauch's will, filed Tuesday in Manhattan Surrogate Court, says the Brooklyn native's entire fortune of $6.4 million should be placed in a trust for his wife, Dechen Yauch, and their 13-year-old daughter. It also says Dechen has the right to sell and manage his artistic property.
One of Yauch's better-known (but perhaps less appreciated) qualities was his fealty to his principles. As David Samuels wrote for Tablet back in May in one of the only honest tributes in an ocean of false self-reference:
What I want said here is that Adam Yauch was a rare mensch in a world populated by natural-born assholes and egomaniacs and by people who are high or scared or both. I don't mean to suggest that he wasn't one of Brooklyn's finest white rappers and a city kid to the core. But rap music will survive his death. What has been lost is a model of how to live as a humble yet active and entirely responsible citizen of the world and also, at the same time, as a rock star, which is something that few human beings have the emotional capacity—including the knowledge of their own uniqueness and also the tolerance for their own limitations, and the limitations of others—to manage.
Considering the gobs of cash that companies can throw around to co-opt an artist's sound or work to help brand their stuff, this story in a lot of ways confirms how consistent and intact Yauch's soul is.
MCA's Will Bans Companies From Using Beastie Boys Songs in Ads [DNAInfo]
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