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Home                 > Browse by Title > Vacation and Holiday Provisions in Union Agreements, January 1943

              																	Williams, Constance Willard. 						*Vacation and Holiday Provisions in Union Agreements, January 1943 : Bulletin of the United States Bureau of Labor Statistics, No. 743*,												Washington, D.C: 								G.P.O., 										1943,									https://fraser.stlouisfed.org/title/4229,			accessed on September 20, 2024.						    

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### §1503. Nonpartisan candidacies permitted

Section 1502(a)(3) of this title does not prohibit any State or local officer or employee from being a candidate in any election if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 404; Pub. L. 93–443, title IV, §401(b)(1), Oct. 15, 1974, 88 Stat. 1290.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 118n (as applicable to 5 U.S.C. 118k(a)). | July 19, 1940, ch. 640, §4 "Sec. 18 (as applicable to §12 of the Act of Aug. 2, 1939; added July 19, 1940, ch. 640, §4, 54 Stat. 767)", 54 Stat. 772. |

Statutes at Large

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### Amendments

1974—Pub. L. 93–443 substituted "candidacies" for "political activity" in section catchline and provision permitting nonpartisan candidacies for prior provision permitting political activity in connection with (1) an election and the preceding campaign if none of the candidates was to be nominated or elected at that election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected, or (2) a question which was not specifically identified with a National or State political party and deeming questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character as not specifically identified with a National or State political party.

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

#### Effective Date of 1974 Amendment

Amendment by Pub. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.
### **CHAPTER 2—NATIONAL EMERGENCY MANAGEMENT**

Sec.
701.
Definitions.

#### SUBCHAPTER I—PERSONNEL PROVISIONS

#### Part A—Federal Emergency Management Agency Personnel

711.
Surge Capacity Force.

#### Part B—Emergency Management Capabilities

721.
Evacuation preparedness technical assistance.
722.
Urban Search and Rescue Response System.
723.
Metropolitan Medical Response Grant Program.
724.
Logistics.
725.
Prepositioned equipment program.
726.
Basic life supporting first aid and education.
727.
Improvements to information technology systems.
728.
Disclosure of certain information to law enforcement agencies.

#### SUBCHAPTER II—COMPREHENSIVE PREPAREDNESS SYSTEM

#### Part A—National Preparedness System

741.
Definitions.
742.
National preparedness.
743.
National preparedness goal.
744.
Establishment of national preparedness system.
745.
National planning scenarios.
746.
Target capabilities and preparedness priorities.
747.
Equipment and training standards.
748.
Training and exercises.
748a.
Prioritization of facilities.
749.
Comprehensive assessment system.
750.
Remedial action management program.
751.
Federal response capability inventory.
752.
Reporting requirements.
753.
Federal preparedness.
754.
Use of existing resources.

#### Part B—Additional Preparedness

761.
Emergency Management Assistance Compact grants.
762.
Emergency management performance grants program.
763.
Transfer of Noble Training Center.
763a.
Training for Federal Government, foreign governments, or private entities.
764.
National exercise simulation center.
765.
Real property transactions.

#### Part C—Miscellaneous Authorities

771.
National Disaster Recovery Strategy.
772.
National Disaster Housing Strategy.
773.
Individuals with disabilities guidelines.
774.
Reunification.
775.
National Emergency Family Registry and Locator System.
776.
Individuals and households pilot program.
777.
Public assistance pilot program.

#### Part D—Prevention of Fraud, Waste, and Abuse

791.
Advance contracting.
792.
Repealed.
793.
Oversight and accountability of Federal disaster expenditures.
794.
Limitation on length of certain noncompetitive contracts.
795.
Fraud, waste, and abuse controls.
796.
Registry of disaster response contractors.
797.
Fraud prevention training program.

#### Part E—Authorization of Appropriations

811.
Authorization of appropriations.

#### Part F—Global Catastrophic Risk Management

821.
Definitions.
822.
Assessment of global catastrophic risk.
823.
Report required.
824.
Enhanced catastrophic incident annex.
825.
Rules of construction.
### [§5532. Repealed. Pub. L. 106–65, div. A, title VI, §651(a)(1), Oct. 5, 1999, 113 Stat. 664]

Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 482; Pub. L. 95–454, title III, §308(a), (c)–(f)(1), Oct. 13, 1978, 92 Stat. 1149–1151; Pub. L. 97–276, §151(b), Oct. 2, 1982, 96 Stat. 1200; Pub. L. 98–396, title III, §306, Aug. 22, 1984, 98 Stat. 1424; Pub. L. 98–525, title XV, §1537(b), Oct. 19, 1984, 98 Stat. 2635; Pub. L. 99–88, title I, §100, Aug. 15, 1985, 99 Stat. 351; Pub. L. 99–500, §101(l), Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l), Oct. 30, 1986, 100 Stat. 3341–308; Pub. L. 100–202, §§101(l) [title I, §101], 106, Dec. 22, 1987, 101 Stat. 1329–358, 1329–362, 1329–433; Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2129; Pub. L. 101–509, title V, §529 [title I, §108(a)], Nov. 5, 1990, 104 Stat. 1427, 1449; Pub. L. 101–510, div. A, title XII, §1206(j)(1), Nov. 5, 1990, 104 Stat. 1663; Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–190, div. A, title VI, §655(a)(1), Dec. 5, 1991, 105 Stat. 1390; Pub. L. 102–378, §8(a), Oct. 2, 1992, 106 Stat. 1359; Pub. L. 105–55, title I, §107, Oct. 7, 1997, 111 Stat. 1184, related to employment of retired members of uniformed services and reduction in retired or retainer pay.

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

#### Effective Date of Repeal

Repeal effective Oct. 1, 1999, see section 651(c) of Pub. L. 106–65, set out as an Effective Date of 1999 Amendment note under section 1466 of Title 10, Armed Forces.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 23, 2020                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 7, 2020, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & First-Class Package Service Contract 181 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2021-41, CP2021-42.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2020-28443 Filed 12-22-20; 8:45 am]

BILLING CODE 7710-12-P
§ 200.2017 Evidence. ( a ) The ALJ will determine the admissibility of evidence.
( b ) Except as provided in this part, the ALJ will not be bound by the Federal Rules of Evidence. However, the ALJ may apply the Federal Rules of Evidence where appropriate, for example, to exclude unreliable evidence.
( c ) The ALJ must exclude irrelevant or immaterial evidence.
( d ) Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or by considerations of undue delay or needless presentation of cumulative evidence.
( e ) Although relevant, evidence must be excluded if it is privileged under Federal law.
( f ) Evidence concerning offers of compromise or settlement made in this action will be inadmissible to the extent provided in Rule 408 of the Federal Rules of Evidence.
( g ) Evidence of crimes, wrongs, or acts other than those at issue in the instant case is admissible in order to show motive, opportunity, intent, knowledge, preparation, identity, lack of mistake, or existence of a scheme. Such evidence is admissible regardless of whether the crimes, wrongs, or acts occurred during the statute of limitations period applicable to the acts which constitute the basis for liability in the case, and regardless of whether they were referenced in the DHA's notice sent in accordance with § 200.1500.
( h ) The ALJ will permit the parties to introduce rebuttal witnesses and evidence.
( i ) All documents and other evidence offered or taken for the record will be open to examination by all parties, unless otherwise ordered by the ALJ for good cause shown.
( j ) The ALJ may not consider evidence regarding the issue of willingness and ability to enter into and successfully complete a corrective action plan when such evidence pertains to matters occurring after the submittal of the case to the Secretary. The determination regarding the appropriateness of any corrective action plan is not reviewable.
# C_2008209EN.01004002.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/40 |
| --- | --- | --- | --- |

15.8.2008

EN

Official Journal of the European Union

C 209/40

---

Judgment of the Court of First Instance of 8 July 2008 — Knauf Gips v Commission

(Case T-52/03) (1)

1

(Competition - Cartels - Plasterboard market - Decision finding an infringement of Article 81 EC - Access to the file - Single and continuous infringement - Liability - Fine - Guidelines on the method of setting fines - Cooperation during the administrative procedure)

(2008/C 209/68)

Language of the case: German

Parties

Applicant: Knauf Gips KG, formerly Gebrüder Knauf Westdeutsche Gipswerke KG (Iphofen, Germany) (represented initially by M. Klusmann and F. Wiemer, and subsequently by M. Klusmann, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented initially by F. Castillo de la Torre and S. Rating, and subsequently by F. Castillo de la Torre and R. Sauer, Agents)

Defendant:

Re:

Application for annulment of Commission Decision 2005/471/EC of 27 November 2002 relating to a proceeding under Article 81 [EC] against BPB plc, Gebrüder Knauf Westdeutsche Gipswerke KG, Société Lafarge SA and Gyproc Benelux NV (Case No COMP/E-1/37.152 — Plasterboard) (OJ 2005 L 166, p. 8), or, in the alternative, reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Knauf Gips KG to pay the costs. |
| --- | --- |

2.

Orders Knauf Gips KG to pay the costs.

---

(1)  OJ C 124, 24.5.2003.

1

---
M. P. No. 77-114.

#### Thomas A. McCormick *v.*Rhode Island State Board of Elections *et al.*

This is common law certiorari. The petitioner was a candidate at the primary election which was held in Providence on March 29, 1977 to select the Democratic Party’s candidate for the office of councilman for the city’s Tenth Ward. The election of a councilman is scheduled for May 3, 1977.

At the close of the polls on March 29, a count of the voting machine totals showed petitioner to be leading all the other candidates. Subsequently, when the results of the count of the so-called absentee and shut-in votes were added by the Providence Board of Canvassers to the voting machine totals, the total vote indicated that the party’s nominee was Lloyd Griffin.

Thereafter, petitioner commenced a series of challenges, which took him to the Rhode Island State Board of Elections, the Providence Board of Canvassers, and this court. Throughout this 'controversy he has constantly maintained that the Rhode Island State Board of Elections should not have certified and delivered the ballots to the Providence Board of Canvassers and that the Providence Board of Canvassers should not have counted the ballots because the election laws of this state do not authorize the use of absentee and shut-in ballots at primary elections.

A majority of the court have agreed that there is no constitutional or statutory basis for allowing absentee and shut-in voters to cast their votes in a primary election. Our opinion will be filed later.

The petition for certiorari is granted, the records and return of the respondent Rhode Island State Board of Elections in certifying and delivering the absentee and shut-in ballots to the Providence Board of Canvassers is quashed, and any action taken by the Providence Board of Canvassers to certify Lloyd Griffin, pursuant to the pertinent provisions of G.L. 1956 (1969 *927Reenactment) eh. 15 of title 17, as the party’s nominee is also quashed, and the records certified to us are returned to the respective boards with our decision endorsed thereon.

*Keven A. McKenna,*for petitiner.

*Julius C. Michaelson,*Attorney General, *Stephen F. Achille, Anthony J. Bucd, William Y. Chaika,*for Lloyd Griffin, for respondents.

Mr. Justice Doris is dissenting. His opinion will also follow.
Exhibit 10.58(b)


Exhibit
  10.56(b)   

	 	 	 	 	 
	FIRST
      AMENDMENT TO EMPLOYMENT AGREEMENT
	 	 	 	 	 
	This First
      Amendment to Employment Agreement is made and entered into as of January
      24, 2001, by and between PriceSmart, Inc., a Delaware Corporation (“Employer”)
      and Edward Oats (“Executive”).
	 	 	 	 	 
	
      Recitals

       
	 	 	 	 	 
	A)	 	On January
      11, 2000 an Employment Agreement was made and entered into by and between
      Employer and Executive.
	 	 	 	 	 
	B)	 	Effective
      as of November 1, 2000, Executive’s annual base salary was increased
      to $115,000.
	 	 	 	 	 
	C)	 	Employer
      and Executive now desire to further amend the Employment Agreement, as set
      forth hereinbelow: 
	 	 	 	 	 
	Agreement
	 	 	 	 	 
	1.	 	Section
      3.1 of the Agreement which provides:
	 	 	 	 	 
	 	 	       3.1
      Term. The term of Executive’s employment hereunder shall commence
      on March 31, 2000 and shall continue until March 31, 2001 unless sooner
      terminated or extended as hereinafter provided. 
	 	 	 	 	 
	 	 	is hereby
      amended, effective January 24, 2001, to provide as follows:
	 	 	 	 	 
	 	 	       3.1
      Term. The term of Executive’s employment hereunder shall commence
      on March 31, 2000 and shall continue until March 31, 2002 unless sooner
      terminated or extended as hereinafter provided. 
	 	 	 	 	 
	2.	 	All other
      terms of the Employment Agreement shall remain unaltered and fully effective.
      
	 	 	 	 	 
	 	 	Executed
      in San Diego, California, as of the date first written above.
	 	 	 	 	 


	EXECUTIVE	EMPLOYER
	 	 
	 	PRICEMART,
      INC.
	 	 
	Edward
      Oats

      

      /s/ A. Edward Oats 	By: /s/
      Gilbert A. Partida

      

      Name: Gilbert A. Partida

      

      Its: President & CEO
§ 723.15 Assessment of separate violations for each day. ( a ) The Office may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the Office shall consider the factors listed in 30 CFR 723.13 and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply. For any violation which continues for two or more days and which is assigned more than 70 points under 30 CFR 723.13(b), the Office shall assess a civil penalty for a minimum of two separate days.
( b ) In addition to the civil penalty provided for in paragraph (a) of this section, whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order or as subsequently extended pursuant to section 521(a) of the Act, 30 U.S.C. 1271(a), a civil penalty of not less than $3,068 will be assessed for each day during which such failure to abate continues, except that: ( 1 ) ( i ) If suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding under section 525(c) of the Act, after a determination that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the Office of Hearing and Appeals issues a final order with respect to the violation in question; and
( ii ) If the person to whom the notice or order was issued initiates review proceedings under section 526 of the Act with respect to the violation, in which the obligations to abate are suspended by the court pursuant to section 526(c) of the Act, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court.
( 2 ) Such penalty for the failure to abate a violation shall not be assessed for more than 30 days for such violation. If the permittee has not abated the violation within the 30-day period, the Office shall take appropriate action pursuant to sections 518(e), 518(f), 521(a)(4) or 521(c) of the Act within 30 days to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate.
[45 FR 58783, Sept. 4, 1980, as amended at 62 FR 63276, Nov. 28, 1997; 66 FR 58647, Nov. 21, 2001; 70 FR 70700, Nov. 22, 2005; 81 FR 44540, July 8, 2016; 82 FR 9354, Feb. 6, 2017; 83 FR 10616, Mar. 12, 2018; 84 FR 10675, Mar. 22, 2019; 85 FR 20835, Apr. 15, 2020; 86 FR 29514, June 2, 2021; 87 FR 15886, Mar. 21, 2022; 88 FR 24336, Apr. 20, 2023; 89 FR 23911, Apr. 5, 2024]
### §5756. Home marketing incentive payment

(a) Under regulations prescribed under subsection (b), an agency may pay to an employee who transfers in the interest of the Government an amount to encourage the employee to aggressively market the employee's residence at the official station from which transferred when—

(1) the residence is entered into a relocation services program established under a contract in accordance with section 5724c of this title to arrange for the purchase of the residence;

(2) the employee finds a buyer who completes the purchase of the residence through the program; and

(3) the sale of the residence results in a reduced cost to the Government.

(b)(1) The Administrator of General Services shall prescribe regulations to carry out this section.

(2) The regulations shall include a limitation on the maximum amount payable with respect to an employee's residence. The Administrator shall establish the limitation in consultation with the Director of the Office of Management and Budget. For fiscal years 1997 and 1998, the maximum amount shall be the amount equal to five percent of the sale price of the residence.

(Added Pub. L. 104–201, div. A, title XVII, §1717, Sept. 23, 1996, 110 Stat. 2757.)

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

#### Effective Date

Section effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 5722 of this title.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          12,016
<SECURITIES>                                   107,352
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               127,125
<PP&E>                                          31,944
<DEPRECIATION>                                (14,729)
<TOTAL-ASSETS>                                 145,694
<CURRENT-LIABILITIES>                           30,061
<BONDS>                                          2,200
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        300
<COMMON>                                            30
<OTHER-SE>                                     111,968
<TOTAL-LIABILITY-AND-EQUITY>                   145,694
<SALES>                                              0
<TOTAL-REVENUES>                                 2,143
<CGS>                                                0
<TOTAL-COSTS>                                   39,381
<OTHER-EXPENSES>                               (2,919)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 292
<INCOME-PRETAX>                               (34,611)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (34,611)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (34,611)
<EPS-BASIC>                                     (1.51)
<EPS-DILUTED>                                   (1.51)


</TABLE>