alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2008 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

5-30-2008

Veatch v. Allegheny County

Precedential or Non-Precedential: Non-Precedential

Docket No. 07-3005

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

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University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Veatch v. Allegheny County" (2008). 2008 Decisions. Paper 1102.

http://digitalcommons.law.villanova.edu/thirdcircuit_2008/1102
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 07-3005

___________

REGIS G. VEATCH, a Pennsylvania Resident and; 

MARILYN S. VEATCH, his wife,

 Appellants

v.

ALLEGHENY COUNTY BUREAU OF CORRECTIONS; 

SERVICE EMPLOYEES INTERNATIONAL UNION

___________

On Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Civil No. 07-cv-00140)

District Judge: The Honorable Terrence F. McVerry

___________

Submitted Under Third Circuit LAR 34.1(a)

May 23, 2008

Before: SMITH, HARDIMAN, and NYGAARD, Circuit Judges.

(Filed May 30, 2008)
2

___________

OPINION OF THE COURT

___________

NYGAARD, Circuit Judge.

After his employment was terminated for misconduct, Appellant Regis Veatch

sued the Allegheny County Bureau of Corrections for violations of the Labor

Management Relations Act . He also sued his union, the Service Employees International

Union, for an alleged breach of its duty of fair representation. The District Court

dismissed his complaint, determining that it lacked jurisdiction because neither Allegheny

County nor the SEIU are “employers” within the meaning of the LMRA. 

Before the District Court, and then again on appeal, Veatch argues that he was not

an employee of Allegheny County, but rather of the County Jail Oversight Board. Both

parties concede that the Allegheny County jail is operated and maintained by the County

Jail Oversight Board. In Crilly v. Southeastern Pennsylvania Transportation Authority,

529 F.2d 1355 (3d Cir.1976), we held that a transportation authority was not an

“employer” for purposes of the LMRA because it was a political subdivision. We also

held that employees working for the authority could not be considered “employees”

within the meaning of the LMRA. The Board here, like the transportation authority in

Crilly, is a creature of statute and, therefore, a political subdivision of the government –

exempting it from the LMRA. We will affirm.
#### Michael Dunn, Jr., an Infant, etc., v. Jacob Ruppert.

Motion denied, with ten dollars costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, J J.
EXHIBIT 13.2

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection with the
Annual Report of Yanzhou Coal Mining Company Limited, a joint stock limited company incorporated in the Peoples Republic of China with limited liability (the Company), on Form 20-F for the year ended December 31, 2006, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, WU Yuxiang, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 that to the best of my knowledge:



|1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and
|-- | ---------------------------------------------------------------------------------------------------------------------



|2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |                |  |                        
|------------------- |  | -------------- |  | -----------------------
|Date: June 29, 2007 |  | /s/ WU Yuxiang
|                    |  | Name:          |  | WU Yuxiang             
|                    |  | Title:         |  | Chief Financial Officer

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as
part of the Report or as a separate disclosure document.
123456789101112131415161718192021222324252627282930Page 31 - *Confidential Statement of Formula may be entitled to confidential treatment*323334353637383940414243444546474849505152*Commercial/financial information may be entitled to confidential treatment*53545556575859606162636465666768697071727374Page 75 - *Confidential Statement of Formula may be entitled to confidential treatment*
# E C 

# / R Incorporated Providing Environmental Technical Support Since 1989

501 Eastowne Drive, Suite 25 0  Chapel Hill, North Carolina 2751 4

Telephone: (919)484

- 0222  Fax: (919) 484

- 0122 MEMORANDUM

Date: August 18, 2010

To: Bruce Moore, EPA/OAQPS/SPPD/CCG

From: Heather Brown , EC/R Incorporated

Subject: Do cumentation of the May 13, 2010 EPA site visit to the Chesapeake Little Hoss

Compressor Station in Godley, Texas.

I. INTRODUCTION

The purpose of this site visit was to examine a compressor station handling sweet gas in

the Barnett Shale area and discuss opportunities for air emissions with the operators.

II. LOCATION AND DATE

The site visit took place on May 13, 2010, at the Chesapeake ’s Little Hoss Compressor

Station located in Godley, Texas, in Johnson County.

III. ATTENDEES

U.S. Environmental Protection Agency (EPA /OAQPS )

Alex MacPherson , Health and Environmental Impacts Division, Air Benefit and Cost Group

Bruce Moore , Sector Policies and Programs Division, Coatings and Chemicals Group

Jodi Howard , Sector Policies and Prog rams Division, Coatings and Chemicals Group

Nick Parsons , Sector Policies and Programs Division, Coatings and Chemicals Group

Rachel Agnew , Sector Policies and Programs Division, Measurement Policy Group

EC/R Incorporated

Heather Brown

Phil Norwood

Robe rt Vogt

The site visit report for this facility contains confidential business information (CBI), and

pending approval by the facility, a non

- confidential report has not been issued.
§ 1201.154 Time for filing appeal. For purposes of this section, the date an appellant receives the agency's decision is determined according to the standard set forth at 1201.22(b)(3) of this part. Appellants who file appeals raising issues of prohibited discrimination in connection with a matter otherwise appealable to the Board must comply with the following time limits: ( a ) Where the appellant has been subject to an action appealable to the Board, he or she may either file a timely complaint of discrimination with the agency or file an appeal with the Board no later than 30 days after the effective date, if any, of the action being appealed, or 30 days after the date of the appellant's receipt of the agency's decision on the appealable action, whichever is later.
( b ) If the appellant has filed a timely formal complaint of discrimination with the agency: ( 1 ) An appeal must be filed within 30 days after the appellant receives the agency resolution or final decision on the discrimination issue; or
( 2 ) If the agency has not resolved the matter or issued a final decision on the formal complaint within 120 days, the appellant may appeal the matter directly to the Board at any time after the expiration of 120 calendar days. Once the agency resolves the matter or issues a final decision on the formal complaint, an appeal must be filed within 30 days after the appellant receives the agency resolution or final decision on the discrimination issue.
( c ) If the appellant files an appeal prematurely under this subpart, the judge will dismiss the appeal without prejudice to its later refiling under § 1201.22 of this part. If holding the appeal for a short time would allow it to become timely, the judge may hold the appeal rather than dismiss it.
[54 FR 53504, Dec. 29, 1989, as amended at 59 FR 31109, June 17, 1994; 62 FR 59992, Nov. 6, 1997; 65 FR 25624, May 3, 2000; 73 FR 6834, Feb. 6, 2008; 77 FR 62371, Oct. 12, 2012]
### §4105. Reports on unmanned maritime systems and usage for mission of the National Oceanic and Atmospheric Administration

#### (a) In general

In carrying out this chapter, the Administrator shall, not later than one year after December 21, 2018, and every 4 years thereafter, submit to the appropriate committees of Congress a report on the usage of unmanned maritime systems for the mission of the Administration.

#### (b) Contents

Each report submitted under subsection (a) shall include, for the period covered by the report, the following:

(1) An inventory of current unmanned maritime systems used by programs of the Administration, a summary of the data they have returned, and the benefits realized from having such data.

(2) A prioritized list of data requirements of the Administration that could be met with unmanned maritime systems, and the commercially available unmanned maritime systems with the operational capabilities to collect such data.

#### (c) Appropriate committees of Congress defined

In this section, the term "appropriate committees of Congress" means—

(1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate; and

(2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Natural Resources, and the Committee on Science, Space, and Technology of the House of Representatives.

(Pub. L. 115–394, §6, Dec. 21, 2018, 132 Stat. 5285.)
TV NOPR Test Procedures Meeting

Join us for a Webinar on March 22

Space is limited.

Reserve your Webinar seat now at: 

https://www1.gotomeeting.com/register/953429512

TV NOPR Test Procedures Meeting

Title: TV NOPR Test Procedures Meeting

Date: Thursday, March 22, 2012

Time: 9:00 AM - 5:00 PM EDT

After registering you will receive a confirmation email containing information about joining the Webinar.

System Requirements

PC-based attendees 

Required: Windows® 7, Vista, XP or 2003 Server

Macintosh®-based attendees 

Required: Mac OS® X 10.5 or newer
### §471. Transferred

#### **Editorial Notes**

#### Codification

Section, act Mar. 4, 1915, ch. 142, §7, 38 Stat. 1053; Aug. 4, 1949, ch. 393, §§1, 20, 63 Stat. 496, 561; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97–449, §2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 109–241, title IX, §902(j), July 11, 2006, 120 Stat. 568; Pub. L. 111–281, title III, §301, Oct. 15, 2010, 124 Stat. 2923, was redesignated and transferred to section 70006 of Title 46, Shipping, by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8501(a)(6), Jan. 1, 2021, 134 Stat. 4745.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, D.C. 20555-0001 E-mail: opa@nrc.gov 

Web Site: http://www.nrc.gov

 

No. 05-159 November 22, 2005

 NRC FORMS TASK FORCE TO LOOK FOR LESSONS LEARNED FROM 

2005 HURRICANE SEASON INCIDENT RESPONSE

The U.S. Nuclear Regulatory Commission has created a task force to continue assessing the

preparations for and response to the 2005 hurricane season by the NRC, affected states and licensees.

The task force will focus especially on agency actions related to hurricanes Katrina and Rita and their

effects on nuclear power plants in Louisiana and Florida. The task force will review the agency’s

actions to monitor the storms, interact with state officials and work with nuclear facility operators

licensed by the NRC. Based on the review, the task force will make recommendations for

improvements. 

The task force will also review actions related to radioactive material licensees in areas that

could have been, or were, affected by the severe weather. 

“Our response to this year’s hurricane season was very good. We are pleased with how our staff

handled the storms and interacted with affected states and licensees,” said Melvyn Leach, the task force

team leader and an official in the NRC’s Office of Nuclear Security and Incident Response. “We are

always looking for ways to do better. We want to apply lessons learned here to incidents other than

those involving hurricanes.”

As part of its mission, the task force will pay particular attention to the adequacy of primary and

back-up communication systems linking the NRC, other government organizations and the licensees.

The task force will also compare lessons learned from the 2005 hurricanes to observations related to

1992's Hurricane Andrew to see if issues have recurred. Officials from numerous states will be asked to

provide input to the task force, which is comprised of 10 staff members from headquarters and region

offices.

The task force first met in early November and is expected to deliver a report with

recommendations for improvements to the Executive Director for Operations in February 2006. 

Depending on the conclusions of the task force and direction from the Commission, regulatory changes

or other actions could be proposed. The final report will be made public in the future.

 ###
Exhibit No. 32.1


Truewest Corporation
 File No.  33-56574
 Form 10-Q
 Quarter ended June 30, 2010
 
 Certification Pursuant to 18 U.S.C. Section 1350, as Adopted
 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 
 In connection with the Quarterly Report of Truewest Corporation (the “Company”) on Form 10-Q for the period ending June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Glenn A. Little, Chief Executive and Chief Financial Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
  (1)
the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 (2)
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 Date: August 4, 2010
By:
/s/ Glenn A. LittleGlenn A. LittleChief Executive Officerand Chief Financial Officer
 
 
 A signed original of this written statement required by Section 906 has been provided to Truewest Corporation and will be retained by Truewest Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350 (AS ADOPTED

PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002)



In connection with the Annual Report of Ambient Corporation (the "Company") on Form 10-KSB for the year ended December 31, 2007 (the "Report") filed with the Securities and Exchange Commission, I, John J. Joyce, President and Chief Executive Officer (Principal  Executive Officer and Principal Financial and Accounting Officer) of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:





1.

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and,



2.

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods expressed in the Report.



Date: April 7, 2008



| |                                                                                                     
| | ----------------------------------------------------------------------------------------------------
| | /s/ JOHN JOYCE                                                                                      
| | JOHN JOYCE                                                                                          
| | Chief Executive Officer (Principal Executive Officer and Principal Financial and Accounting Officer)



A certification furnished pursuant to this Item will not be deemed filed for purposes of section 18 of the Exchange Act (15 U.S.C. 78r), or otherwise subject to the liability of that section. Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the small business issuer specifically incorporates it by reference.
#### § 310.102 Exceptions to the legal restrictions on the employment of relatives.

Subsection (d) of 5 U.S.C. 3110 authorizes the Office of Personnel Management to prescribe regulations authorizing the temporary employment of relatives, in certain conditions, notwithstanding the restrictions. This regulation sets forth exceptions to the restrictions. When necessary to meet urgent needs resulting from an emergency posing an immediate threat to life or property, or a national emergency as defined in § 230.402(a)(1) of this title, a public official may employ relatives to meet those needs without regard to the restrictions on the employment of relatives in 5 U.S.C. 3110. Such appointments are temporary and may not exceed 30 days, but the agency may extend such an appointment for one additional 30-day period if the emergency need still exists at the time of the extension.
### §1388. Requirements

#### (a) In general

Funds made available from a State water pollution control revolving fund established under this subchapter may not be used for a project for the construction, alteration, maintenance, or repair of treatment works unless all of the iron and steel products used in the project are produced in the United States.

#### (b) Definition of iron and steel products

In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction materials.

#### (c) Application

Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that—

(1) applying subsection (a) would be inconsistent with the public interest;

(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

#### (d) Waiver

If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency.

#### (e) International agreements

This section shall be applied in a manner consistent with United States obligations under international agreements.

#### (f) Management and oversight

The Administrator may retain up to 0.25 percent of the funds appropriated for this subchapter for management and oversight of the requirements of this section.

#### (g) Effective date

This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to June 10, 2014.

(June 30, 1948, ch. 758, title VI, §608, as added Pub. L. 113–121, title V, §5004, June 10, 2014, 128 Stat. 1326.)

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as an Effective Date of 2014 Amendment note under section 1381 of this title.
[Federal Register Volume 69, Number 215 (Monday, November 8, 2004)]
[Notices]
[Page 64735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24473]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


President's Information Technology Advisory Committee (PITAC)

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: PITAC's Subcommittee on Cyber Security will provide an update 
of its activities and present its draft findings and recommendations. 
PITAC will discuss the Subcommittee's presentation and provide guidance 
for use in the completion of PITAC's report on cyber security. Public 
input will be solicited during a public comment period. A small 
fraction of the meeting time may be allocated for other PITAC updates 
at the discretion of the co-chairs and the designated Federal officer.

DATES: Friday, November 19, 2004, 3-5:30 p.m. Eastern Time.

ADDRESSES: Via teleconference, the Internet, or at the Grand Hyatt 
Hotel, 1000 H Street, NW., Washington, DC 20001.

SUPPLEMENTARY INFORMATION: This meeting will be held primarily via a 
teleconference and the Internet (through the WebEx application). In 
addition, the public is invited to participate in this meeting in-
person at the Grand Hyatt Hotel in Washington, DC. Detailed information 
about this meeting, including the agenda and details concerning 
registration for in-person or remote participation, will be posted at 
PITAC's Web site (http://www.nitrd.gov/pitac) no later than November 
3rd. Meeting information may also be obtained by calling 703-292-4873.
    Members of the public who wish to participate using the Internet 
(WebEx) must register by Tuesday, November 16th, 5 p.m. Eastern Time.

FOR FURTHER INFORMATION CONTACT: Contact Alan Inouye at the National 
Coordination Office for Information Technology Research and Development 
at 703-292-4873 or by e-mail at <a href="/cdn-cgi/l/email-protection#365f5859434f5376585f42445218515940"><span class="__cf_email__" data-cfemail="c2abacadb7bba782acabb6b0a6eca5adb4">[email protected]</span></a>.

    Dated: October 28, 2004.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-24473 Filed 11-5-04; 8:45 am]
BILLING CODE 5001-06-P


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