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Skip to comments.Backlash Grows Against Boycotts of Glenn Beck and Whole Foods
Posted on 08/24/2009 1:49:28 AM PDT by TheMadKing
This past week, both FOX commentator Glenn Beck and Whole Foods founder and CEO John Mackey were being targeted by left-leaning organizations for boycotts. Now the boycotts themselves are being boycotted, a response that has cost GEICO Insurance and Sargento Foods a total of 12,500 customers.
(Excerpt) Read more at digitaljournal.com ...
Well if Obamans are staying away from whole foods it will at least be safer to park while you shop..and less chance of infection in the produce section.
Good! The lefties are so hateful. Every time I read comments on a post outside Free Republic—for instance Hot Air—I am disgusted by the shrill, vicious, close-minded intolerance of the left.z,pz.vaudine
I guess it is one thing to bow to pressure by a group who doesn't use your service vs. a group that actually does.
Liberals boycotting Whole Foods? Makes me think of a paraphrase of a famous quote from the Star Wars universe: "Many Obamans died to bring you this boycott." (i.e, 'cause they had to eat regular food...)
Ah, the boycott. A long and honored tradition in America, and perhaps one of the most effective democratic weapons the public has at its disposal. Boycotts allow us to make big statements to for-profit businesses, entities and persons by voting with our wallets, feet, signs, raised voices and undesired mass presence outside said business establishments, or even residences. Boycotting was a weapon of Prop 8 opponents against supporters in the wake of that measure's win. The Dixie Chicks were boycotted by many Americans over their "ashamed" remarks about President Bush to a London audience in March 2003.
In essence, what a boycott does is allow segments of the public to say to a for-profit business, person or entity, "What you're doing sucks! And until it stops sucking, we're going to make your life suck, too!" If you have any doubts, ask the owner of the El Coyote Restaurant in Los Angeles, who was boycotted relentlessly after it was discovered his daughter donated $100.00 to Prop 8 proponents, and despite the fact El Coyote employees raised $500.00 to help repeal Prop 8. No law saying boycotts have to be reasonable. You just need the numbers to make a real problem for the business. That has most definitely been the case for FOX commentator Glenn Beck and Whole Foods founder and CEO John Mackey this past week.
In the case of Glenn Beck, a staunch conservative and ratings superstar at FOX, his comment that he believed President Obama was being racist himself in his "acting stupidly" remark, directed at Cambridge PD Sgt. James F. Crowley after the Gates arrest, generated a pushback from the Left spearheaded by the organization Color For Change, an African-American advocacy group with close ties to the White House. Color For Change has been leading the fight to pressure advertisers to abandon Beck and FOX. Advertisers that have joined Color For Change in the Beck boycott include Ally Bank, Brinks, CVS, GEICO Insurance, Healthy Choice Foods, Men's Wearhouse, Sargento Foods and State Farm Insurance.
In the case of Whole Foods founder and CEO John Mackey, a free market Libertarian, his oped in the Wall Street Journal entitled "The Whole Foods Alternative to ObamaCare," in which he took a distinct stand against the ObamaCare bill, riled up his huge left-leaning customer base which supports the President's health care bill H.R. 3200, now often referred to as the ObamaCare bill. More than 25,000 people have signed on at Facebook swearing they will never shop at Whole Foods again. Boycott sites are cropping up all over the Internet. The UFCW has also taken a prominent stand against Whole Foods and John Mackey.
Yet boycotts themselves can sometimes backfire. Those two boycotts are now being met with fierce resistance by staunch defenders and supporters of both men, and counter-boycott efforts are even now surging in response. In fact, some of the participants in the Beck boycott are already paying a price for pulling out. 6500 GEICO Insurance customers have already promised to cancel their policies. Another 6000 have promised never to use Sargento Foods again, and more and more anti-boycott sites are now popping up on the Internet. The most popular, DefendGlenn.com, generated over 850,000 page views its first day.
As to Mr. Mackey, his supporters and defenders are also hard at work creating their own Buy Whole Foods websites. Conservative blogger Michelle Malkin has been leading that charge, and most successfully. Many conservative Republicans, many of whom would never want to be caught dead in a "green" organic foods store, have promised to line up with the carriages and shop Whole Foods big time.
So the Boycott Wars are on and raging in full. Who will win in the end? Glenn Beck and FOX? Or Color For Change? John Mackey and Whole Foods, along with his defenders and supporters? Or UFCW and the masses of left-leaning ObamaCare supporters who will no doubt put a significant dent in Whole Foods' business? GEICO and Sargento Foods appear to be losers for the moment, unless Color For Change and its support base can somehow make up for those lost customers. Andrew Breitbart just posted a most relevant oped at Big Hollywood covering this subject, entitled "Boycotting the Boycotters."
As for me, I'm just enjoying the show. As an American citizen, nothing warms my heart more than to see a full-blown political tug-of-war involving high stakes and big bucks, and utilizing all the tools of democracy we so treasure: free speech, assembly, campaigning, and political slugfests. That we can peacefully engage in these crossfires of democracy without firing real shots, as happens all too often across this troubled globe, is a glowing testament to the stability of the American political system. In that respect, we all win. Lastly, where else in the world but America would Lefties be attacking, and Righties defending, Whole Foods?
I hope they boycott golf courses. I hate playing behind them. Maybe they will boycott the emergency room too. I cut my finger and had to wait because it was overflowing with liberals and their brats with the sniffles.
GEICO Government Employees Insurance. Just expose the name.
One of the main faults of the conservative movement in the past is that we are unwilling to stick with a good boycott. I hope this boycott of the boycotters is a sign of things to come.
I read that Best Buy is on the list. I've been looking for an HD camcorder that I can take to tea party protests and political events to create material to upload on YouTube. Looks like I'll be buying one from a mail order vendor rather than Best Buy.
When these advertisers give in to a slanted political party it says they don't honor the 1st amendment. So, they will reap what they sow. We don't have to honor their businesses either. When you hit them in the pocketbook, maybe they'll get their eyes opened to the fact that you can't supress free speech by these methods. It just isn't going to fly in America.
Conservatives are on the move and we're silent no more!
The more I think about it the more I like ZERO.
NO Voter did not hit his head. . . . .
ZERO is unifying us like nothing else could. It is growing exponentially
Considering half of his base shops at 711 and the Chicken Shack down on the corner, I can't imagine Whole Foods is really feeling this.
Anybody still wondering why Marion Barry keeps getting elected in Washington DC?
Good Lord, stay away from BB for video/camera stuff. Go to B&H Photo for all camera/camcorder products. At least go there to see reviews and check prices. I HIGHLY recommend the site. I have bought all my camera stuff from them for the last six years. Another one is Adorama.com. They are in NY. They are both highly recommended on all the photo sites I frequent.
"GEICO Government Employees Insurance. Just expose the name."
When a company needs a talking lizard for a spokesman, something's wrong. ;-)
I was never a GEICO customer, but I'll have to keep an eye peeled for Whole Foods.
Oh, Hell, you mean they'll be less pasty white old hippies in WF next time I go? Boo Hoo!
well, i had to go grocery shopping sunday, and when it came time to buy shredded cheese, i walked right past the sargento and bought store brand....there are more than 12 thousand customers lost
You must not be very objective if only posts outside of FR have those characteristics. There are plenty of nuts here, unfortunately.
i never shop at best buy.....not because of any boycott, but because they do not back their products... my friend went in and bought a laptop, took it out to his car, out of the box ( he is still in the parking lot ) and the damn thing did not work....he took it back into the store ( less than 10 minutes since purchase had passed ) and they refused to take it back or exchange it...they said they would send it out for repair, and that it would take 6 weeks...screw them
Say what you like about some of their hippie clientele, Whole Foods reliably has one of the best salad bars going.
Yummy, yummy stuff, no lies, no exaggerations.
This is outstanding. We could, conceivably, remove the boycott as an effective left wing tactic!
This is a picture, not an advertisement.
Advertisements are only provided upon request.
Government Employees' Insurance COmpany.
Need I say more? (They since have expanded to insure anyone, since they became profitable, but that's what GEICO actually stands for.)
You will probably get a better deal at Newegg anyway. Be sure to tell Best Buy they lost a sale.
Lesson to the free market: It's not leftist idiots who support your bottom line.
What this shows, is we as a country have decided to take back America. No longer, will it just be the far left protesting. We are a much larger silent majority, and have woken from a giant slumber. Kind of what happened after Pearl Harbor. The Japanese after that attack raised a sleeping giant to a super power. The rest is history!!!!!
I will not insure with GEICO. They are the most expensive insurance company. Several years ago when I bought my car, I shopped around for the best deal. GEICO quoted me a price double to another company that I took. Even though I am a senior citizen, and have had no traffic tickets for more then ten years
Maybe Obomma will start a Cash for Camcorders program?
DefendGlenn.com rocks. And the founder is a FReeper.
Remember, no Sargento cheese.
Neither am I and I never, ever will be. My wife got t-boned in a parking lot about 5 years ago. It was the other person's fault and they had Geico insurance. Let me tell you those Geico folks were nasty right from the first phone call telling me what I would accept and what I wouldn't. Serious strong arm tactics. Clearly, they were trained in these tactics because I talked to several claims adjusters and every one of them acted the same. Fortunately for me my sister in law was a claims adjuster for Allstate and helped me handle it by telling me all the right buttons to push with these folks to get the maximum claim possible. The owner of the shop where I had the car repaired said Geico was, by far, the worst insurance company they deal with for getting paid, too.
Yesterday I went to the Whole Foods in the East Valley of the metro Phoenix area. It was PACKED.
If it was a charged item on a credit card, most require the store take it back for any reason.
Not a problem. Their cheese is awful. We never buy it anyway.
I once sent in an e-mail to complain about the taste of their string cheese (yuck!) and they sent an e-mail back asking if I wanted some coupons for their string cheese. Duh!
I'm listening to GB on the radio this morning and they just had a GEICO commercial.
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Those are kind of scary. I saw a video where the guys lays the camera down on the counter top next to the girl on the computer. At first I thought they were going to record her keystrokes to gain a password.
I just thought of something. Now I can tape the bastards who tailgate me on the highway and send it off the to cops.
My boycott of Whole Foods has nothing to do with 0bamacare. It's got to do with the fact that they are price-gouging for items I can get at 1/3 the price at the weekend Farmer's Market, and their meat for 2/3 the price at the local high-quality grocery.
Only liberals were stupid enough to pay those prices, and now the CEO has pissed them off? Not exactly smart on his part :-)
Obamans don't buy no inshooince.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


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Bam Margera Holds a Fake Gun to His Puppy's Head, Then Tweets About It
Crystal Bell
| October 9, 2012 - 2:06 pm
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Bam Margera Posts A Photo Of Him Holding A Gun To His Puppy's Head, Then Apologizes
It was a fake gun, but the message could not have been worse. He also posted more photos with him holding the gun against human heads, which is also not funny. Now he has apologized for the whole thing.
1. Here are the series of photos he posted to Twitter a few days ago:
13. And the public apology that was stated during an interview at his home:
In Chester County (Pennsylvania), which has seen a number of cases of horrific animal abuse recently, SPCA spokesman Rich Britton called the picture "not funny" and said that, even for a shock comedian, Margera "missed the mark on this one."
In an interview Monday at his Chester County compound - home also to his six cats - Margera said that had he known about the incidents of torture, he never would have posted the photo.
"I think those people need to go down," he said of the abusers. "Just hurting another animal is rude, crude, and more."
Margera said that he doesn't even own a gun, and that the only time he ever fired one was at a clay pigeon at a sporting event.
Still, he said, sometimes a joke is just a joke.
"I feel like every follower I have on Twitter" - more than 800,000 - "knows my Jackass joking kind of humor," he said.
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text: Dispatch from London: Paperchase April 18, 2012 Janine Vangool The Paperchase flagship store on Tottenham Court.Here I am holding one of a few issues left in stock—I actually had to use some of my samples for the photo. Thanks, London, for gobbling up each issue—I will endeavour to get more available.Issue #9 is still one of my favourites... and issue #10... and issue #....This multi-level store has everything from art supplies, cards, stationery to books and mags, furniture, haberdashery. I was there for an hour and a half browsing. A nice display area for the books. Hopefully someday soon you will be able to find UPPERCASE titles here as well.A nice chair that I took a photo of and then forgot to go sit and relax on it. Typical.Gorgeous papers for crafting, bookbinding and wrapping.One of three typewriters I spotted on display.Look! Actual Letraset available to purchase, brand new. We don't have this in any Calgary stores as far as I know. Wouldn't a sheet of Letraset be an amazing insert inside the magazine? hmmm... I'm going to investigate that!A nice cafe to refresh after some heavy-duty Paperchase shopping.


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November 26, 2012
GIANT EAGLE, INC.,PLAINTIFF,v.UNITED FOOD & COMMERCIAL WORKERS UNION, LOCAL 23,DEFENDANT.
(DOC. NOS. 23 and 25)
This case centers around a grievance filed against Plaintiff Giant Eagle, Inc. ("Giant Eagle") by Defendant United Food & Commercial Workers Union, Local 23 ("Local 23" or "Union"). Local 23 filed a grievance against Giant Eagle because of raises that were given to certain employees that the Union contends were done in violation of the parties' Collective Bargaining Agreement. On July 13, 2012, Giant Eagle filed a Complaint in this Court seeking a stay of a July 4, 2012 Arbitration Award which ordered Giant Eagle to rescind raises that had been given to employees. Doc. No. 1. Local 23 filed an Answer and Counterclaim seeking enforcement of the Arbitration Award. Doc. No. 12.
Presently before this Court are the parties' Cross-Motions for Summary Judgment. Doc. Nos. 23 and 25. Plaintiff Giant Eagle moves, in its Motion for Summary Judgment, the Court to vacate the Arbitration Award. Doc. No. 23. Defendant Local 23 moves, in its Motion for Summary Judgment, that the Arbitrator's Award be enforced. Doc. No. 25. After careful consideration of the parties' Motions for Summary Judgment, briefs in support thereof, statements of material facts, and response and reply briefs (doc. nos. 22-28, 31-32): Giant Eagle's Motion for Summary Judgment (Doc. No. 23) will be DENIED; Local 23's Motion for Summary Judgment (Doc. No. 25) will be GRANTED; and the Arbitrator's Award will be ENFORCED.
There are no disputed genuine issues of material fact in this case. This Opinion is based upon review of the parties' Collective Bargaining Agreement and the Arbitrator's Award. Doc. Nos. 22-1, 22-2.
Giant Eagle is supermarket chain which has stores in Pennsylvania, Ohio, West Virginia, and Maryland. Doc. No. 27, ¶ 1. Local 23 is the collective bargaining representative for certain units of Giant Eagle employees in Pennsylvania and West Virginia. Id. at ¶ 2. Giant Eagle and Local 23 entered into a Collective Bargaining Agreement for employees of the Edinboro, Pennsylvania store ("the Agreement") which was in effect, per its terms, from August 3, 2008, through August 7, 2011. Doc. Nos. 22-2, Doc. No. 27, ¶ 8.
In early 2011, Giant Eagle gave wage increases and higher starting wages to twenty-five (25) employees of the Edinboro store. Doc. No. 27, ¶ 10. Local 23 was not notified of these wage increases prior to their implementation. Doc. Nos. 22, ¶ 17 and 27, ¶ 13. On March 8, 2011, Cheryl Lawson, on behalf of the full-time clerks at the Edinboro Giant Eagle, filed a grievance over these wage increases. Doc. No. 27, ¶ 11. The grievance was that the "company failed to notify Union in regards to granting higher rates of pay for less senior members." Doc. No. 12-2.
An Arbitration hearing was held on March 30, 2012. Doc. Nos. 22-1, 3 and 27, ¶ 15. The Arbitrator issued an Opinion and Award upholding Local 23's grievance. Doc. No. 22-1.
The Arbitrator directed Giant Eagle to stop issuing raises "without first obtaining concurrence from the Union," and to rescind those increases already given. Id. at 21. The Arbitrator found that it was not appropriate for Giant Eagle to give other employees an increase to remedy this grievance. Id.
The Court has jurisdiction to resolve this dispute pursuant to Section 301 of the Labor Relations Management Act, 29 U.S.C. § 185, the Federal Arbitration Act, 9 U.S.C. §§ 10 and 28 U.S.C. §§ 1331 and 1337. Doc. No. 27, ¶ 5.
III.Standard of Review
Vacatur of an arbitration award is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Generally, the FAA, "requires courts to enforce privately negotiated agreements to arbitrate, like other contracts, in accordance with their terms." Verve Communications Pvt. Ltd. v. Software Int'l, Inc., 2011 WL 5508636 *4 (D. N.J. Nov. 9, 2011) (citing Ario v. Underwriting Memb. of Syndicate 53 at Lloyds for 1998 Year of Account, 618 F.3d 277, 288 (3d Cir. 2010)). The FAA was "designed to overrule the judiciary's longstanding refusal to enforce agreements to arbitrate." Id. The statute provides four grounds for vacatur:
In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration-
(1) where the award was procured by corruption, fraud, or undue means;
(2) where there was evident partiality or corruption in the arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
(4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
9 U.S.C. § 10(a).
The United States Supreme Court has instructed Federal courts to exercise a narrow and deferential role in reviewing arbitration awards arising out of labor disputes. United Paperworks Int'l. Union, AFL-CIO v. Misco, Inc., 484 U.S. 29, 36 (1987); United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 596 (1960). Where parties have agreed to submit to arbitration under the FAA, a party may "ask a court to review the arbitrator's decision, but the court will set that decision aside only in very unusual circumstances." First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 942 (1995).
The United States Court of Appeals for the Third Circuit has held that where a party seeks vacatur on the basis that the arbitrators "exceeded their powers" pursuant to 9 U.S.C. § 10(a)(4), the Court must "'determine if the form of the arbitrators' award can be rationally derived either from the agreement between the parties or from the parties['] submissions to the arbitrators.'" Ario,618 F.3d at 295, quoting Mut. Fire, Marine & Inland Ins. Co. v. Norad Reins. Co., 868 F.2d 52, 56 (3d Cir. 1989). Furthermore, an arbitration award cannot be overturned on this ground unless it is "'completely irrational.'" Id. As set forth by the United States Court of Appeals for the Third Circuit, this irrationality standard of review is quite deferential, as "'there must be absolutely no support at all in the record justifying the arbitrator's determinations for a court to deny enforcement of an award.'" Ario, 618 F.3d at 295-96, quoting United Transp. Union Local 1589 v. Suburban Transit Corp., 51 F.3d 376, 379 (3d Cir. 1995).
Despite this deferential approach, courts will not simply "rubber stamp" the interpretations and decisions of arbitrators. Merrill Lynch, Pierce, Fenner & Smith Inc. v. Schwarzwaelder, 2012 WL 3264361, *4 (3d Cir. Aug. 13, 2012), reh'g granted (Oct. 16, 2012)
(citing Matteson v. Ryder Sys. Inc., 99 F.3d 108, 113 (3d Cir. 1996)). Instead, the arbitrator is afforded "a strong presumption of correctness" because the parties to an arbitration agreement have bargained for their dispute to be resolved by the arbitrators rather than by the courts. Id. (citing Major League Umpires Ass'n v. Am. League of Prof'l Baseball Clubs, 357 F.3d 272, 280 (3d Cir. 2004)). Again, the only role of the courts is to ask "whether the parties . . . got what they bargained for, namely an arbitrator who would first provide an interpretation of the contract that was rationally based on the language of the agreement, and second would produce a rational award." Id. (citing Brentwood Med. Assocs. v. United Mine Workers of Am., 396 F.3d 237, 242 (3d Cir. 2005)).
IV. Discussion
Giant Eagle seeks that this Court stay the Arbitration Award pending resolution of this matter and vacate the award because: (1) the Arbitrator's finding contradicts the Collective Bargaining Agreement; and (2) the Arbitrator improperly exceed the scope of his authority to resolve the grievance. Doc. No. 24.
A.The Arbitration Award Does Not Contradict the Agreement
Giant Eagle contends that the Arbitration Award must be vacated because it directly contradicts the parties' Agreement. Doc. No. 24, 11-17. Specifically, Giant Eagle argues that Article 14 of the Agreement gives it the sole discretion to increase starting rates, grant bonuses, and any other form of incentive and the Arbitrator's finding that "[t]he Employer violated Article
14.1 of the Agreement by granting individual employees wage increases without obtaining approval from the Union" directly contradicts this provision. (emphasis added). The parties dispute whether the Agreement requires only notice to the Union prior to implementation, or if Union notification and consent are required, and whether the Arbitrator erred in finding that both notice and consent were required.
Article 14 of the Collective Bargaining Agreement governs "Wages." Article 14.1 of the provides that:
The Company can increase starting rates, grant bonuses, individual increases, and any other forms of incentives. The increases can be done by department and/or store. The employer agrees to notify and/or meet with the union to discuss these matters prior to implementation. All of these changes can be done at the Company's sole discretion and any of these changes may be rescinded and/or modified.
Section 14.2 titled "Increase in Minimum Wage" sets forth the schedule that will apply if the state or federal minimum wage rate is increased. Section 14.3 titled "Excess Rates" provides that "the Employer shall not pay any wage rates in excess of those listed in Appendix "A" of this Agreement without first discussing and obtaining the approval of the Union, except as provided in 14.1." The last Section of Article 14, 14.4, concerns "new positions" and is not relevant to this Opinion.
An arbitration award draws its essence from a collective bargaining agreement and will be upheld when "its interpretation can in any rational way be derived from the agreement [when] viewed in light of its language." Dubois Logistics, LLC v. United Food & Commercial Workers Union Local 23, 2012 WL 707103, at *3 (W.D. Pa. Mar. 5, 2012) (Gibson, J.) quoting Brentwood, 396 F.3d at 240. This is an "extremely deferential" standard of judicial review. Southco Inc. v. Reell Precision Mfg. Corp., 331 Fed. Appx. 925, 928 (3d. Cir. 2009).
Despite Giant Eagle's arguments, there is sufficient evidence from the record from which the Arbitrator's Award could "in any rational way be derived from" the Agreement. See Rite Aid of New Jersey, Inc. v. United Food and Commercial Workers Union, Local 1360, 2012 WL 4888308 (3d Cir. Oct. 12, 2012) quoting Brentwood, 396 F.3d at 241. The Arbitrator did not ignore provisions in the Agreement which Giant Eagle contends render his Award unenforceable, including Article 14.3's provision, "except as provided in 14.1." The Arbitrator addressed Article 14 within its context and found that there was ambiguity as to whether 14.1's requirement that Giant Eagle notify the Union of, and discuss, potential wage increases with them prior to implementation also required the Union's consent.
The Arbitrator found that the provisions within Article 14 were conflicting as to what was necessary because "Article 14.1 requires the Employer [Giant Eagle] to notify and/or meet with the Union to discuss these matters prior to implementation. Article 14.3 does not permit the Employer [Giant Eagle] to make any changes to the wage rates without first discussing with and obtaining approval of the Union, except as provided in Article 14.1." Doc. No. 22-1, 19. Therefore, because he found that Article 14 was ambiguous, the Arbitrator considered the parties' bargaining history and past practice.
The Court finds that although the Collective Bargaining Agreement gives Giant Eagle the sole discretion to give wage increases and other incentives, it is not clear if those in dispute, individual increases given to 25 employees, were at the sole discretion of Giant Eagle. Specifically, Article 14.1 provides that wage increases "can be done by department and/or store . . . ." Therefore, a reasonable reading of Article 14 could be that the incentives in which Giant Eagle has sole discretion are those done by department and/or store, not purely individual increases. The Arbitrator's finding that Article 14 is ambiguous and after considering other evidence that Article 14 required both Union notice and consent is not totally unsupported. Sutter, M.D. v. Oxford Health Plans LLC, 675 F.3d 215, 220 (3d Cir. 2012) (citing Brentwood, 396 F.3d at 243) ("In other words, the task of an arbitrator is to interpret and enforce a contract. When he makes a good faith attempt to do so, even serious errors of law or fact will not subject his award to vacatur."))
The Arbitrator specified that he was considering whether Giant Eagle had to notify the Union and obtain its consent for these individual raises and provided his interpretation of Article 14 as support. A further explanation is not necessary. See United Steelworkers of America v. Enterprise Wheel and Car Corp., 363 U.S. 593, 598 (1960) ("Arbitrators have no obligation to the court to give their reasons for an award."). The Arbitrator did not "rewrite the Labor Agreement" as Giant Eagle argues, but rather, interpreted Article 14 and what it required Giant Eagle to do prior to the wage increases. See Doc. No. 31, 1.
The issue before this Court is not which parties' construction of Article 14 it believes should apply to the dispute, but rather, whether the Arbitration Award should be vacated, which both parties concede is a very demanding standard. See Brentwood, 396 F.3d at 240 (An arbitration award will not be vacated "even if we find the basis for it to be ambiguous or disagree [] with with [the arbitrator's] conclusions under the law."). The Court does not find that the Arbitration Award has "no support in the record for its determination or . . . it reflects manifest disregard of the agreement, totally unsupported by principles of contract construction." Therefore, the Arbitration Award will not be vacated on the grounds that it contradicts the Agreement. Exxon Shipping Co. v. Exxon Seamen's Union, 993 F.2d 357, 360 (3d Cir. 1993).
B.The Arbitrator Did Not Exceed the Scope of His Authority
Giant Eagle contends that the Arbitrator improperly decided the issue of whether Giant Eagle was required to both notify the Union and obtain its consent prior to implementing the wage increases in question. Doc. No. 24, 17. Giant Eagle contends that, prior to the hearing, the Union only complained of the lack of notice of the wage increases, rather than its right not only to receive notice of wage increases, but to veto them. Id. at 18.
According to the United States Court of Appeals for the Third Circuit, arbitrators exceed their powers, when their award cannot "be rationally derived from the agreement between the parties or from the parties' submission to the arbitrators" or when the award is "completely irrational." Ario, 618 F.3d at 287. The Court does not find that this standard is met.
First, the Arbitrator's decision was rationally based upon the Union's submitted issue, which is as follows:
Violation of Contract Article: 14 and Appendix A
Brief Explanation/Details: Company failed to notify union in regards to granting higher rates of pay for less senior members. Additionally, there has been a lack of response from the Company during my investigation of this issue.
Doc. No. 26-4. The Arbitrator found that Giant Eagle's actions in failing to notify the Union prior to granting pay increases, and therefore necessarily failing to seek the Union's consent (which he found required by Article 14), violated the Labor Agreement. This finding is rationally based upon the scope of the issue before the Arbitrator, which incorporates Article 14 in its entirety.
Secondly, the Court finds that the Union's submitted issue: "[w]hether the Employer violated 14.1 of the Labor Agreement by giving individual employees wage increases without obtaining the approval of the Union, and if so, what is the remedy?" in its post-hearing brief included both notice and consent. Doc. No. 26-6, 1. Post-hearing briefs were agreed upon by the parties to be in lieu of oral closing arguments. Doc. No. 22-1, 3. The Arbitrator closed the record following receipt of the briefs. Id.
The Court finds that the Arbitrator was within the scope of his duties to determine whether Article 14 required notification and Union consent based upon the Union's submitted issue and his reading of Article 14. Therefore, the Arbitrator's decision will not be vacated on this ground.
The Court understands that the net result of the Union's dispute is that some of its members will have their raises rescinded - - in other words, the action of the Union in the arbitration will have the effect of taking away raises of certain members, thereby causing harm to its own members. However, the Court's inquiry is not which reading of Article 14 the Court agrees with or how this Court would have determined this dispute. Arbitration Awards are given "a strong presumption of correctness" by District Courts. Major League Umpires Ass'n, 357 F.3d at 280. After review of the Arbitrator's Award, the Court finds that it can be rationally derived from the issue submitted before the Arbitrator and the Labor Agreement that was in dispute. Therefore, the Award will be enforced.
An appropriate Order follows.
Arthur J. Schwab
cc: All Registered ECF Counsel and Parties
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Prospect FGD: Flames vs. Canucks (6:30pm MT)
Ryan Pike
September 15 2014 12:13PM
The final game of the Penticton Young Stars Classic tournament for your Calgary Flames will also be the final game of the tournament as a whole, as they face-off against the host Vancouver Canucks (6pm MT; Fan 960 and Flames.com webcast).
Hopefully there's no line brawl..
The Flames split their two games thus far, with a 6-4 win over the Jets and a 4-3 loss to the dang Oilers. The Canucks have yet to win a game at their own tournament, with a 4-3 overtime loss to the Oilers and a 5-4 overtime loss to the Jets. The Canucks are desperately going to try to get a win to save face, while the Flames would love to make up for a penalty parade that cost them their game on Saturday night.
Opening Day
September 15 2014 07:48AM
Prospect Post-Game: (Penalty) Boxed Out
Ryan Pike
September 13 2014 11:24PM
The Flames and Oilers crossed paths in the first installment of this year's Battle of Alberta, pitting their top prospects against each other. The unfortunate result for the boys in red was a 4-3 setback.
And it was entirely preventable, with the culprit being the many, many power-plays their undisciplined play gave the Edmonton Oilers.
Flames Young Stars Game One: Johnny Hockey
Kevin McCartney
September 13 2014 05:55PM
Flames PP with a clean look
The Nations Network sent this Jets Nation writer to the Young Stars Tournament in Penticton, BC. I'm judging your team and bringing you the view from the Press Box.
The Flames got off to a promising, if sloppy start at the Young Stars Tournament against the Jets. The game was a high-pace, end-to-end affair with a lot of reliance on individual skill. The final two periods were authored by the Flames' forward group, for better and worse. The Jets struggled to contain the Flames' progressive cycle play, but the Jets managed to generate offence in transition where the Flames' forwards routinely struggled to close out lanes and apply effective pressure.
Inside we'll begin where we left off last year - systems stuff at the top and then a review of every player to follow. I missed the first period of this game and haven't watched it streaming yet, so anything I missed goes in the comments, please! You can see the game on YouTube here.
Prospect FGD: Flames vs. Oilers (8:30pm MT)
Ryan Pike
September 13 2014 12:38PM
After a 6-4 win over the Jets prospects on Friday night, the Calgary Flames prospects are back at it. And expect the aggression to get amped up a bit, as their game this evening is against the hated Edmonton Oilers prospects. Puck drop is 8:30pm MT and you can catch the game on Sportsnet 960 The Fan or by a webcast on the Flames site.
For the curious, the Oilers beat the Vancouver Canucks prospects 4-3 in overtime last night.


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Tucker cruises by TV
HAMBLETON – Tucker County's Ian Nichols and Austin Zirk scored 15 points each en route to a 71-34 win over Tygarts Valley in PVC play.
"We started off really slow in the first half," Mountain Lions coach Tom Gutshall said. "We missed a lot of easy shots. We came out in the second half and really set the tempo. It has been a long time since we played, so the kids were a little rusty. I think this got them back into the flow. When you don't have the opportunity to practice every day, it makes it tough."
Mitchell Mason led the Mountain Lions with 14 rebounds. He also contributed 11 points.
Both teams had not played since they faced each other on Jan. 17. In that game, Tucker County defeated Tygarts Valley, 68-40.
Bulldogs coach Tom Wamsley also said the break in action was tough on his team. However, he didn't blame the lack of playing in the loss.
"It was pretty much the same as last time," Wamsley said. "We just didn't have an answer for them offensively. We didn't execute and do the little things well. In the end it hurt us."
Ben Sycafoose paced the Bulldogs in scoring with nine points. Jace Kyle and Caleb Riggleman both scored five points.
Tygarts Valley (5-6) will return to action at 7:30 p.m. today at Fayetteville in WVHIT play.
Tucker County (8-2) will visit East Hardy at 7:30 p.m. Wednesday.


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Billed as an industry first, but sure to cause consternation amongst other agencies who offer similar services, Marin Software has partnered with Criteo, a world leader in "personalized" retargeting. Criteo currently traffic $2 billion worth of online inventory from over a thousand customers, serviced by 200 employees. It's not an exclusive partnership, but it will be a time-saver for Marin customers who are already buying retargeted inventory and could be a boon for Criteo's transatlantic ambitions as they are currently more well known in Europe than the USA.
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How Can the Element Carbon Form Different Substances?
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United States District Court, W.D. Pennsylvania
May 30, 2014
LOUIS D. RUSCITTO and CAROL A. RUSCITTO, Plaintiffs,v.UNITED STATES OF AMERICA, Defendant.
JOY FLOWERS CONTI, Chief District Judge.
On June 21, 2011, plaintiffs Louis D. Ruscitto and Carol A. Ruscitto ("plaintiffs") filed a complaint, later amended on September 14, 2011 and again on November 30, 2011. The case was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(A) and (B), and Rules 72(C)(1) and 72(C)(2) of the Local Rules for Magistrate Judges.
On April 1, 2014, the magistrate judge filed a Report and Recommendation (the "R&R"), recommending that plaintiffs' motion for summary judgment [ECF No. 80] be denied and the motion for summary judgment [ECF No. 77] filed by defendant United States of America ("defendant") be granted. See Rep. and Rec. [ECF No. 101].
Service of the R&R was made on the parties. The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and the Local Rule of Court 72.D.2, they had fourteen (14) days to file any objections. On April 15, 2014, plaintiffs timely filed objections. [ECF No. 102]. On April 29, 2014, defendant filed a timely response to plaintiffs' objections. [ECF No. 103].
In their objections, plaintiffs raise three arguments alleging errors in the R&R, to which defendants responded. Specifically, plaintiffs object that 1) Louis Ruscitto did not act willfully in A&L, Inc.'s failure to remit payment of the payroll taxes; 2) Carol Ruscitto's income from discharge of indebtedness constitutes taxable income for purposes of calculating her share of the 2003 federal income refund; and 3) the government violated the IRS Policy Statement No. 5-14. See Obj. [ECF No. 102] at 1, 7.
First, plaintiffs' objection based upon the argument that Louis Ruscitto did not act willfully under 26 U.S.C. § 6672(a) is without merit and is overruled. The magistrate judge in the R&R properly recommended that, as a matter of law, Louis Ruscitto is responsible for the trust fund liability and willfully failed to pay the payroll tax. It is undisputed that Louis Ruscitto's company, A&L, Inc., failed to remit the payroll taxes while maintaining its operations and paying its other creditors and financial obligations. It is immaterial that A&L, Inc.'s surety company did not send it sufficient funds to cover its expenses. See Bradshaw v. United States , 83 F.3d 1175 (10th Cir. 1995); Gustin v. United States , 876 F.2d 485 (5th Cir. 1989); Lee v. United States , 951 F.Supp. 79 (W.D. Pa. 1997). As set forth in the Report and Recommendation, "[b]ecause Louis Ruscitto was a responsible person and willfully failed to pay the taxes, he was properly assessed with the trust fund penalty and cannot claim he is entitled to a refund in that amount." Rep. and Rec. [ECF No. 101] at 13. Accordingly, that objection is overruled.
Second, plaintiffs object to the magistrate judge's conclusion that, as a matter of law, Carol Ruscitto is not entitled to a tax refund for 2003. Plaintiffs point to certain "income" reported on her 2003 Form 1099-C that constitutes income for purposes of calculating Carol Ruscitto's share of the 2003 federal income refund. First and foremost, this argument was not developed in plaintiffs' motion for summary judgment and brief in support, and is substantively raised for the first time in their objections, and is accordingly waived. Bell v. City of Harrisburg , 457 F.Appx. 164, 167 (3d Cir. 2012) (issue waived when "merely raised" in briefing and not substantively raised prior to raising it as an objection to the magistrate judge's Report and Recommendation); see Laborer's Int'l Union of North America v. Foster Wheeler Corp. , 26 F.3d 375, 398 (3d Cir. 1994). Assuming arguendo , that plaintiffs had appropriately set forth this argument for disposition, it is without merit. Plaintiffs do not address the timeliness, and consequently this court's subject-matter jurisdiction over such a claim, or that she overpaid the tax on her purported income. Accordingly, this objection is overruled.
Lastly, plaintiffs object to the magistrate judge's conclusion that noncompliance with the Internal Revenue Manual "does not render an action of the IRS invalid.'" Rep. and Rec. [ECF No. 101] at 17 (quoting Matter of Carlson , 126 F.3d 915, 922 (7th Cir. 1997), cert. denied , 523 U.S. 1060 (1998); see In re Pransky , 318 F.3d 536, 544 n.7 (3d Cir. 2003) (same); Valen Mfg. Co. v. United States , 90 F.3d 1190, 1194 (6th Cir. 1996) (same); Groder v. United States , 816 F.2d 139, 142 (4th Cir. 1987) (same); Thomas v. United States , Civil No 98-1488, 1998 WL 892617, at *5 (D.C. Ill. Sept. 16, 1998)). Instead of challenging this legal principle, plaintiffs set forth yet another IRS Policy Statement they deem the government violated in support of their objection to the magistrate judge's recommendations. Plaintiffs set forth this new policy statement for the first time in their objections, requiring a waiver of such argument. Bell , 457 F.Appx. at 167. Even if they had properly brought the argument, it is without merit. Plaintiffs failed to refute the magistrate judge's conclusion that noncompliance with the Internal Revenue Manual does not invalidate an action of the IRS or confer rights on taxpayers to bring suit. See id . Accordingly, this objection is overruled.
After a de novo review of the pleadings and documents in this case, together with the R&R, the submissions of the parties, the objections to the R&R and the response thereto, the following order is entered:
AND NOW, this 30th day of May, 2014,
IT IS ORDERED that plaintiffs' motion for summary judgment [ECF No. 80] is DENIED and that defendant's motion for summary judgment [ECF No. 77] is GRANTED.
Magistrate Judge Mitchell's Report and Recommendation [ECF No. 101] dated April 1, 2014 is adopted as the Opinion of the Court, as supplemented by this Memorandum Order.
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Rumor Patrol: Rihanna And Chris Brown Reunite, Randy Jackson Quits, Eddie Cibrian Cheating Again
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Enterprise Territory Management territory creation throwing errors or empty in Sandbox environment
|Knowledge Article Number
|Enterprise Territory Management doesn't allow you to add new territory. The Edit page is empty or the record throws an Internal Server Error when saving.
Steps to reproduce
1. Navigate to Setup and use the Quick Find to locate Territory Models.
2. After creating a Territory Model click on View Hierarchy.
3. Click on the Create Territory button.
Once there you'll see that there are no fields available or that there is an Internal Server Error.
|Sometimes, during the Sandbox Copy process, part of the Page Layout assignments for Territory Types are not carried over correctly, causing the lack of fields and consequent error messages to appear.
You can resolve this by manually editing the Page Layout Assignment. The URI to access the Setup node is: _ui/common/config/layout2/LayoutMappingUI/e?type=Territory2Type
Please append this to your own Sandbox URL, for example: https://cs87.salesforce.com/_ui/common/config/layout2/LayoutMappingUI/e?type=Territory2Type
There you'll see that some Profiles will not have a Page Layout assigned, you need to assign the Layout to each Profile and Save in order to avoid the errors.
You may also need to check the Territory layout assignment by navigating to: Setup | Build | Customize | Territories | Page Layouts and click on Page Layout Assignment.
Make sure all Profiles have a Page Layout assigned and save.
The issue should be resolved after reviewing that both assignments are correctly configured.


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decided: June 11, 1980.
JOHN Y. HILL, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT
Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of John Y. Hill, No. B-168647.
John Y. Hill, Pro Se, petitioner.
Charles G. Hasson, Assistant Attorney General, with him Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.
Judges Mencer, Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Mencer.
[ 52 Pa. Commw. Page 142]
John Y. Hill (claimant) appeals an order of the Unemployment Compensation Board of Review (Board) denying him benefits for refusing suitable work without good cause, pursuant to Section 402(a) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(a). We affirm.
On August 18, 1978, claimant completed his last day as a part-time driving instructor for Ridley Senior High School. As an instructor, claimant worked 30 hours a week for 9 weeks and earned approximately $1,500. After filing for unemployment benefits, claimant was offered a position by Hennessy's Driving School (Hennessy) as a driving instructor with the Pottstown School District (Pottstown), to commence on September 7, 1978.*fn1 Claimant, whose status with Pottstown was to be that of an independent contractor, would be compensated at rates ranging from $5 to $6.50 an hour, depending upon whether claimant was driving or performing classroom duties. Although claimant had accepted similar positions from Hennessy over a period of several years, he refused the
[ 52 Pa. Commw. Page 143]
offered employment. As a result, claimant was denied benefits by all levels of the compensation authorities. This appeal followed.
Claimant argues that, since he had necessitous and compelling reasons to refuse the job offer, the Board erred in deciding his case under Section 402(a) instead of Section 402(b)(1). We disagree.
Claimant, who proceeded pro se, has misconstrued the purposes of the two provisions. Section 402(b)(1) clearly applies only to those situations in which a claimant who is employed decides to voluntarily end his employment. To be eligible for benefits, the claimant's decision must have been motivated by compelling and necessitous reasons. See, e.g., Arufo v. Unemployment Compensation Board of Review, 37 Pa. Commonwealth Ct. 555, 391 A.2d 43 (1978). Section 402(a), on the other hand, applies to those situations in which a claimant, who is already unemployed, refuses a suitable job referral or offer without good cause. See, e.g., Barillaro v. Unemployment Compensation Board of Review, 36 Pa. Commonwealth Ct. 325, 387 A.2d 1324 (1978). Since claimant's circumstances plainly fall within the ambit of Section 402(a), the Board did not err in utilizing it as the basis for disqualifying claimant from receiving benefits.*fn2
Claimant next contends that the Board erred in finding that he refused the proffered position because (1) he considered the 60-mile round trip commuting distance between Pottstown and his home in West
[ 52 Pa. Commw. Page 144]
Chester to be too far and (2) claimant believed he would be belittled by the teachers at Pottstown since claimant, himself a certified teacher, was employed by a driving school instead of a public school. Claimant argues that the real reason he refused the job was because he was deceived by Hennessy as to the duties he would be required to perform. It is apparent, however, that the Board, as the ultimate factfinder, see Unemployment Compensation Board of Review v. Wright, 21 Pa. Commonwealth Ct. 637, 347 A.2d 328 (1975), did not find claimant's testimony, on this point, credible. Therefore, absent a capricious disregard of competent evidence, which we do not find, the Board's findings are binding upon us. Brown Unemployment Compensation Case, 194 Pa. Superior Ct. 76, 166 A.2d 100 (1960).
With regard to these findings, we agree with the Board that neither establish good cause for claimant's refusal. Although claimant alleges a transportation problem based on the cost of traveling to and from Pottstown, the record is devoid of any effort by him to investigate or overcome this problem. The failure to make such an effort displays conduct inconsistent with the desire to work and be self-supporting which is required under Section 402(a). Gonzales v. Unemployment Compensation Board of Review, 17 Pa. Commonwealth Ct. 491, 333 A.2d 513 (1975); Zysk, supra note 2. See our Supreme Court's discussion of good cause in Lattanzio, supra note 2. Likewise, claimant's bald, unsupported allegation of actual or potential ridicule and belittlement by his fellow teaching professionals is insufficient to carry his burden on the good-cause issue. As stated in Bentz Unemployment Compensation Case, 190 Pa. Superior Ct. 582, 584, 155 A.2d 461, 463 (1959), "[t]he reasons for refusal of offered work must be substantial and reasonable, not arbitrary, whimsical, capricious or immaterial."
[ 52 Pa. Commw. Page 145]
Finally, our review of the record indicates that the second element of Section 402(a), the suitability of the proffered employment, was also met. Defined in Section 4(t) of the Act, 43 P.S. § 753(t), suitable work is generally understood to mean "all work which the employee is capable of performing." Unemployment Compensation Board of Review v. Lowell, 24 Pa. Commonwealth Ct. 309, 313, 355 A.2d 616, 618 (1976). In view of claimant's past experience at Ridley and with Hennessy in other school districts, there is no question that claimant was capable of the Pottstown assignment. Indeed, claimant does not contend that the job was beyond his skill or training but apparently is merely dissatisfied with the proposed rate of compensation. The Board found, however, that claimant was offered the prevailing wage for one in his position. Again, absent a deliberate disregard of competent evidence, which is not present, we are bound by the Board's findings. Accordingly, we enter the following
And Now, this 11th day of June, 1980, the order of the Unemployment Compensation Board of Review in the above captioned case, dated January 31, 1979, is affirmed.
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Sabine Ghanem's Multifaceted Appeal
The Lebanese-Egyptian beauty has an eye for gems.
"I could have done many other things," Sabine Ghanem says as she folds her willowy frame into the corner of a sofa, "as long as it involved the creative process." The 30-year-old Lebanese-Egyptian beauty was born in Switzerland, spent her teens splitting her time between Beirut and the South of France, and now resides in London with her fiancé, Joseph Getty, grandson of the oil tycoon Sir John Paul Getty. She founded her jewelry line, Sabine G, soon after graduating from the Gemological Institute of America (GIA) in London in 2012. Her first earrings were inspired by a picture of a medieval reliquary in a book on decorative arts ("The shapes on the box were so cool that I just started to draw," she says) and produced by a small workshop in Florence, where the collection continues to be made. While on vacation in Los Angeles, she showed them to a buyer at Maxfield; the store placed an order immediately. Ghanem favors white and rose gold and uses pink and yellow sapphires, as well as other precious stones, to craft pieces that are unapologetically pretty but pack a punch. "When I started, I had no press, no PR, nothing to show anyone except the jewelry," Ghanem says. "But that's what worked—the jewelry itself."