Author: United States. Congress. Senate. Committee on Military AffairsPublisher:
ISBN:
Category : Travel costs
Languages : en
Pages : 20
Book Description
Pay and Travel Allowances in Advance
Author: United States. Congress. Senate. Committee on Military AffairsPublisher:
ISBN:
Category : Travel costs
Languages : en
Pages : 20
Book Description
Pay and Travel Allowences in Advance, Hearing ..., on S. 966 ..., May 4, 1943
Author: United States. Congress. Senate. Committee on Military AffairsPublisher:
ISBN:
Category :
Languages : en
Pages : 22
Book Description
Maximum Travel Per Diem Allowances for Foreign Areas
Author: United States. Department of StatePublisher:
ISBN:
Category : Per diem allowances
Languages : en
Pages : 422
Book Description
Collective Bargaining Agreements
Author: Landmark PublicationsPublisher:
ISBN:
Category :
Languages : en
Pages : 552
Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding collective bargaining agreements. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * The complete preemption doctrine is an exception to the well-pleaded complaint rule. Caterpillar, 482 U.S. at 393, 107 S.Ct. 2425. Complete preemption occurs when the "pre-emptive force of a statute is so extraordinary that it converts an ordinary state common-law complaint into one stating a federal claim for purposes of the well-pleaded complaint rule." Id. (internal quotation marks omitted). The Supreme Court has identified only three statutes as having the requisite "preemptive force" to support complete preemption, one of which is § 301 of the LMRA. Sullivan v. Am. Airlines, Inc., 424 F.3d 267, 272 (2d Cir. 2005). Section 301 provides: Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect of the amount in controversy or without regard to the citizenship of the parties.29 U.S.C. § 185(a). Section 301 preemption serves to "ensure uniform interpretation of collective-bargaining agreements." Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 404, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988).Section 301 "governs claims founded directly on rights created by collective-bargaining agreements, and also claims substantially dependent on analysis of a collective-bargaining agreement." Caterpillar, 482 U.S. at 394, 107 S.Ct. 2425. Thus, when resolution of a state law claim is "substantially dependent" upon or "inextricably intertwined" with analysis of the terms of a CBA, the state law claim "must either be treated as a § 301 claim, or dismissed as pre-empted by federal labor-contract law." Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 213, 220, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985) (citation omitted).When, on the other hand, a plaintiff covered by a CBA asserts "legal rights independent of that agreement," preemption does not occur. Caterpillar Inc., 482 U.S. at 396, 107 S.Ct. 2425. A state-law claim is "independent" when resolving it "does not require construing the collective-bargaining agreement." Lingle, 486 U.S. at 407, 108 S.Ct. 1877. This rule ensures that § 301 is not "read broadly to pre-empt nonnegotiable rights conferred on individual employees as a matter of state law." Livadas v. Bradshaw, 512 U.S. 107, 123, 114 S.Ct. 2068, 129 L.Ed.2d 93 (1994); see also Foy v. Pratt & Whitney Grp., 127 F.3d 229, 232, 235 (2d Cir. 1997) (state law negligent misrepresentation claims not preempted by § 301 because they rested on independent state law rights that did not require interpretation of CBA and "[s]tate law-not the CBA- [was] the source of the rights asserted by the plaintiffs"). That a court may need to consult the CBA in resolving the state law claim-to compute damages, for instance- does not subject that claim to preemption by § 301. Livadas, 512 U.S. at 125, 114 S.Ct. 2068; accord Wynn v. AC Rochester, 273 F.3d 153, 158 (2d Cir. 2001) (per curiam) ("simple reference to the face of the CBA" does not require preemption). "The boundary between claims requiring 'interpretation' of a CBA and ones that merely require such an agreement to be 'consulted' is elusive." Wynn, 273 F.3d at 158. Whitehurst v. 1199SEIU United Healthcare Workers, 928 F. 3d 201 (2nd Cir. 2019).
Military Pay and Allowances Entitlements Manual
Author: Department of Defense Military Pay and Allowances Entitlements Manual
Author: United States. Assistant Secretary of Defense (Comptroller)Publisher:
ISBN:
Category : United States
Languages : en
Pages : 596
Book Description
Subsistence Expenses and Mileage Allowances of Civilian Officers and Employees of the Government
Author: United States. Congress. House. Committee on Expenditures in the Executive DepartmentsPublisher:
ISBN:
Category : Per diem allowances
Languages : en
Pages : 154
Book Description
Federal Travel Handbooks
Author: Federal HandbooksPublisher: Lulu.com
ISBN: 1329881052
Category : Government travel
Languages : en
Pages : 60
Book Description
Joint Ethics Regulation (JER).
Author: United States. Department of DefensePublisher:
ISBN:
Category : Military ethics
Languages : en
Pages : 488
Book Description
Standardized Regulations
Author: United States. Department of StatePublisher:
ISBN:
Category : Government travel
Languages : en
Pages : 314
Book Description