DOCSLIB.ORG

What Noel Canning Vs. Nlrb Means for Workers, Employers, and Unions

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
What Noel Canning Vs. Nlrb Means for Workers, Employers, and Unions THE FUTURE OF THE NLRB: WHAT NOEL CANNING VS. NLRB MEANS FOR WORKERS, EMPLOYERS, AND UNIONS HEARING BEFORE THE SUBCOMMITTEE ON HEALTH, EMPLOYMENT, LABOR, AND PENSIONS COMMITTEE ON EDUCATION AND THE WORKFORCE U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION HEARING HELD IN WASHINGTON, DC, FEBRUARY 13, 2013 Serial No. 113–2 Printed for the use of the Committee on Education and the Workforce ( Available via the World Wide Web: www.gpo.gov/fdsys/browse/committee.action?chamber=house&committee=education or Committee address: http://edworkforce.house.gov U.S. GOVERNMENT PRINTING OFFICE 78–694 PDF WASHINGTON : 2014 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON EDUCATION AND THE WORKFORCE JOHN KLINE, Minnesota, Chairman Thomas E. Petri, Wisconsin George Miller, California, Howard P. ‘‘Buck’’ McKeon, California Senior Democratic Member Joe Wilson, South Carolina Robert E. Andrews, New Jersey Virginia Foxx, North Carolina Robert C. ‘‘Bobby’’ Scott, Virginia Tom Price, Georgia Rube´n Hinojosa, Texas Kenny Marchant, Texas Carolyn McCarthy, New York Duncan Hunter, California John F. Tierney, Massachusetts David P. Roe, Tennessee Rush Holt, New Jersey Glenn Thompson, Pennsylvania Susan A. Davis, California Tim Walberg, Michigan Rau´ l M. Grijalva, Arizona Matt Salmon, Arizona Timothy H. Bishop, New York Brett Guthrie, Kentucky David Loebsack, Iowa Scott DesJarlais, Tennessee Joe Courtney, Connecticut Todd Rokita, Indiana Marcia L. Fudge, Ohio Larry Bucshon, Indiana Jared Polis, Colorado Trey Gowdy, South Carolina Gregorio Kilili Camacho Sablan, Lou Barletta, Pennsylvania Northern Mariana Islands Martha Roby, Alabama John A. Yarmuth, Kentucky Joseph J. Heck, Nevada Frederica S. Wilson, Florida Susan W. Brooks, Indiana Suzanne Bonamici, Oregon Richard Hudson, North Carolina Luke Messer, Indiana Barrett Karr, Staff Director Jody Calemine, Minority Staff Director SUBCOMMITTEE ON HEALTH, EMPLOYMENT, LABOR, AND PENSIONS DAVID P. ROE, Tennessee, Chairman Joe Wilson, South Carolina Robert E. Andrews, New Jersey, Tom Price, Georgia Ranking Member Kenny Marchant, Texas Rush Holt, New Jersey Matt Salmon, Arizona David Loebsack, Iowa Brett Guthrie, Kentucky Robert C. ‘‘Bobby’’ Scott, Virginia Scott DesJarlais, Tennessee Rube´n Hinojosa, Texas Larry Bucshon, Indiana John F. Tierney, Massachusetts Trey Gowdy, South Carolina Rau´ l M. Grijalva, Arizona Lou Barletta, Pennsylvania Joe Courtney, Connecticut Martha Roby, Alabama Jared Polis, Colorado Joseph J. Heck, Nevada John A. Yarmuth, Kentucky Susan W. Brooks, Indiana Frederica S. Wilson, Florida Luke Messer, Indiana (II) CONTENTS Page Hearing held on February 13, 2013 ....................................................................... 1 Statement of Members: Andrews, Hon. Robert E., ranking member, Subcommittee on Health, Employment, Labor, and Pensions .............................................................. 4 Roe, Hon. David P., Chairman, Subcommittee on Health, Employment, Labor, and Pensions ..................................................................................... 1 Prepared statement of ............................................................................... 3 Statement of Witnesses: King, G. Roger, of counsel, Jones Day, on behalf of the U.S. Chamber of Commerce and Coalition for a Democratic Workplace .......................... 33 Prepared statement of ............................................................................... 34 LaJeunesse, Raymond J., Jr., vice president & legal director, National Right to Work Legal Defense Foundation, Inc. .......................................... 12 Prepared statement of ............................................................................... 14 Lorber, Lawrence Z., partner, Proskauer Rose LLP ...................................... 6 Prepared statement of ............................................................................... 8 Reynolds, N. Elizabeth, member of the firm, Allison, Slutsky and Ken- nedy, P.C. ....................................................................................................... 19 Prepared statement of ............................................................................... 21 Additional Submissions: Mr. King, attachments to prepared statement, Internet address to ............ 44 Mr. LaJeunesse, follow-up letter dated Feb. 19, 2013 ................................... 63 (III) THE FUTURE OF THE NLRB: WHAT NOEL CANNING VS. NLRB MEANS FOR WORKERS, EMPLOYERS, AND UNIONS Wednesday, February 13, 2013 U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions Committee on Education and the Workforce Washington, DC The subcommittee met, pursuant to call, at 10:06 a.m., in room 2175, Rayburn House Office Building, Hon. David P. Roe [chairman of the subcommittee] presiding. Present: Representatives Roe, Guthrie, DesJarlais, Bucshon, Gowdy, Brooks, Andrews, Holt, Scott, Tierney, Courtney, Polis, and Wilson. Also present: Representative Kline. Staff present: Katherine Bathgate, Deputy Press Secretary; Owen Caine, Legislative Assistant; Molly Conway, Professional Staff Member; Ed Gilroy, Director of Workforce Policy; Benjamin Hoog, Legislative Assistant; Marvin Kaplan, Workforce Policy Counsel; Barrett Karr, Staff Director; Nancy Locke, Chief Clerk/As- sistant to the General Counsel; Brian Newell, Deputy Communica- tions Director; Krisann Pearce, General Counsel; Nicole Sizemore, Deputy Press Secretary; Alissa Strawcutter, Deputy Clerk; Loren Sweatt, Senior Policy Advisor; Alexa Turner, Staff Assistant; Aaron Albright, Minority Communications Director for Labor; Mary Al- fred, Minority Fellow, Labor; Tylease Alli, Minority Clerk; John D’Elia, Minority Labor Policy Associate; Brian Levin, Minority Dep- uty Press Secretary/New Media Press Coordinator; Celine McNicholas, Minority Senior Labor Counsel; Richard Miller, Minor- ity Senior Labor Policy Advisor; Megan O’Reilly, Minority General Counsel; Michele Varnhagen, Minority Chief Policy Advisor/Labor Policy Director; and Michael Zola, Minority Deputy Staff Director. Chairman ROE. A quorum being present, Subcommittee on Health, Employment, Labor, and Pensions will come to order. And we have held up just a little bit because we have got one of our witnesses hung up in a line outside trying to get in. So, we will— but we will get started. Good morning and welcome to the first hearing of the Health, Employment, Labor, and Pensions Subcommittee in the new Con- gress. I would like to welcome our members and thank our wit- nesses for being with us today. (1) 2 During the 112th Congress oversight of the National Labor Rela- tions Board was a leading priority for this committee. Whether through hearings, letters, or legislation, we have tried to ensure the rights of workers and their employers are protected. I realize this reveals some deep differences on the committee. However, as a member of Congress we are obligated to act when- ever an agency may be harming our job creators and workforce. And we will be neglecting our duty if we simply looked the other way. The power of the board affects almost every private workplace. Rest assured, the committee will continue to keep a close eye on the NLRB and do what is necessary to promote the best interests of the American people. This hearing is part of that effort. The board has recently taken steps to skew the balance of power even further toward union leaders, and such action demands our atten- tion. For example, the board is making it increasingly difficult for em- ployers to investigate possible misconduct and employee com- plaints. Whether it is a worksite accident, allegation of theft, or other charge of wrongdoing, employers must be able to gather the facts and hold employees accountable. The safety and security of the workplace depend on it. In Banner Health and Piedmont Gardens, the board restricted the ability to keep internal investigations confidential while allow- ing unions to obtain sensitive statements provided by witnesses. To conduct a confidential investigation, employers will have to qualify with one of several narrow exceptions dictated by the board. Inter- nal investigations will be stymied, business costs will rise, and em- ployees will be harmed as potentially dangerous and illegal behav- ior is left unresolved. The board has also begun chipping away at the right of workers not to fund union lobbying. In 1988, the U.S. Supreme Court held in Communications Workers v. Beck that workers forced to pay union dues do not have to finance a union’s political activities. The board’s Kent Hospital decision walks further away from this stand- ard, forcing workers to cover lobbying expenses unions claim re- lated to collective bargaining. The rights of workers, as well as the opinion of the nation’s high- est court, are being eviscerated by an activist labor board. Today’s NLRB will go to great lengths to undermine employers, marginalize workers, and empower Big Labor. The board has even ruled that policies promoting a courteous and friendly work envi- ronment can run afoul of the law. While the board’s pro-union agenda is troubling, the fate of these and other decisions are now in question. A year ago, President Obama installed three recess appointments to the board while Con- gress was meeting regularly in pro forma session. A U.S. federal
Load more

Recommended publications
  • President Trump Has Lunch with Vice President Mike Pence • 2:00P
    American Nephrology Nurses Association Daily Capitol Hill Update – Monday, January 13, 2020 (The following information comes from Bloomberg Government Website) Schedules: White House and Congress WHITE HOUSE 12:30pm: President Trump has lunch with Vice President Mike Pence 2:00pm: Trump receives intelligence briefing 4:10pm: Trump departs Washington for New Orleans 8:00pm: Trump watches Louisiana State University and Clemson University face off for the college football championship in New Orleans 10:05pm: Trump leaves New Orleans to return to Washington CONGRESS House meets on noon; first votes of week at 6:30pm o The chamber expects to vote this week on a resolution that would send the impeachment of Trump to the Senate for a trial . Speaker Nancy Pelosi plans to meet with House Democrats on Tuesday to determine the timing Senate meets at 3pm; resumes consideration of Peter Gaynor to lead FEMA Congressional, Health Policy, and Political News Arkansas Drug-Pricing Law Will Get Supreme Court Review: The U.S. Supreme Court will hear a case that could decide the validity of at least 38 states’ laws regulating how companies like Express Scripts and CVS Health make money off prescription drugs. The justices agreed Friday to take a case asking whether an Arkansas law regulating pharmacy benefit managers is preempted by the federal Employee Retirement Income Security Act. The Pharmaceutical Care Management Association, a trade group representing PBMs, successfully challenged the law on ERISA preemption grounds in the Eighth Circuit. o The court’s decision to hear the case came at the urging of U.S. Solicitor General Noel J.
    [Show full text]
  • I Have Been Working on a Book, Stand-Ins, on The
    Workshop Participants: I have been working on a book, Stand-Ins, on the causes and consequences of temporary leadership in government, business, and religion, which is aimed at a more general audience. Given recent events, I have returned to more traditional scholarship to explore some of the issues involving temporary leadership (and the lack thereof) in federal agencies, among other topics. This paper is brand new, incomplete, and unpolished. Given its length, I would recommend reading the Introduction (pp.1-5), Scope of Actings (pp.13-27), and Statutory Questions (pp.33-42). I look forward to your reactions and suggestions for improvement. AJO Actings Anne Joseph O’Connell Stanford Law School April 1, 2019 Please do not cite or distribute beyond the workshop without permission. I. Introduction Stand-in leaders do not usually command much attention. They step up in moments of need to keep organizations running. The stereotypical interim leader is therefore a caretaker—in place to maintain stability; not to implement major changes. But not all interim leaders are caretakers. Some are auditioning for the permanent job. And a few are there to shake up the organization—so-called “fixers”. The scope of temporary leadership is vast—after all, traditional leaders are transitory, and selection procedures for more permanent leaders take time. On the public side, there are interim leaders in all branches of the federal government. In Congress, there are appointed senators, chosen by their state’s governor to fill in for an elected senator who has died or resigned, perhaps in disgrace or perhaps to take a different job.
    [Show full text]
  • Government Accountability Office
    § 701 TITLE 31—MONEY AND FINANCE Page 56 CHAPTER 7—GOVERNMENT 2000—Pub. L. 106–303, § 4(a)(3), Oct. 13, 2000, 114 Stat. ACCOUNTABILITY OFFICE 1069, added item 732a. 1994—Pub. L. 103–272, § 4(f)(1)(C), July 5, 1994, 108 Stat. SUBCHAPTER I—DEFINITIONS AND GENERAL 1362, struck out ‘‘Sec.’’ immediately above item 781. ORGANIZATION 1988—Pub. L. 100–545, § 2(a), Oct. 28, 1988, 102 Stat. 2728, added subchapter VI heading and items 781 to 783. Sec. 701. Definitions. 702. Government Accountability Office. SUBCHAPTER I—DEFINITIONS AND 703. Comptroller General and Deputy Comptroller GENERAL ORGANIZATION General. 704. Relationship to other laws. § 701. Definitions 705. Inspector General for the Government Ac- In this chapter— countability Office. (1) ‘‘agency’’ includes the District of Colum- SUBCHAPTER II—GENERAL DUTIES AND POWERS bia government but does not include the legis- 711. General authority. lative branch or the Supreme Court. 712. Investigating the use of public money. (2) ‘‘appropriations’’ means appropriated 713. Audit of Internal Revenue Service and Bureau amounts and includes, in appropriate con- of Alcohol, Tobacco, and Firearms.1 text— 714. Audit of Financial Institutions Examination (A) funds; Council, Federal Reserve Board, Federal re- (B) authority to make obligations by con- serve banks, Federal Deposit Insurance Cor- poration, and Office of Comptroller of the tract before appropriations; and Currency. (C) other authority making amounts avail- 715. Audit of accounts and operations of the Dis- able for obligation or expenditure. trict of Columbia government. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 887.) 716. Availability of information and inspection of records.
    [Show full text]
  • AMERICAN P VERSIGHT
    AMERICAN p VERSIGHT January11,2021 VIA ONLINE PORTAL DouglasHibbard Chief,InitialRequestStaff OfficeofInform ationPolicy DepartmentofJustice 441GStNW,6thFloor Washington,DC20530 ViaOnlinePortal Re: Expedited Freedom of Information Act Request DearFOIAOfficer: PursuanttotheFreedomof InformationAct(FOIA),5U.S.C.§552,andthe implem entingregulationsof youragency,Am ericanOversightmakesthefollowing requestforrecords. OnJanuary6,2021,PresidentTrumpinciteda mtoob attackCongresswhile mbers em werecertifyingtheelectionforPresident-electJoeBiden. 1 Theapparent insurrectionistsattackedtheCapitolBuilding,forcedtheirwaypastreportedly understaffedCapitolPolice,andultim atelydelayedtheCongressionalsessionbyforcing lawmakersandtheirstaffstoflee. 2 Fourpeoplediedduringthisassaultandafifth person,aCapitolPoliceofficer,diedthefollowingdayfrominjuriesincurredwhile engagingwithrioters. 3 Whilem ilitia mbers em roamedthehallsofCongress,Trum preportedlyfoughtagainst deployingtheD.C.NationalGuard, 4 andtheDefenseDepartm entreportedlyinitially 1 PressRelease,OfficeofSen.MittRom ney,Rom neyCondemInsurrectionatU.S. ns Capitol, Jan.6,2021, https://www.romney.senate.gov/rom ney-condem ns-insurrection- us-capitol. 2 RebeccaTan,etal., TrumpSupportersStormU.S.Capitol,WithOneWomanKilledand TearGasFired, Wash.Post(Jan.7,2021,12:30AM), https://www.washingtonpost.com/local/trum p-supporters-storm -capitol- dc/2021/01/06/58afc0b8-504b-11eb-83e3-322644d82356 story.html. 3 EricLevenson, WhatWeKnowAboutthe5DeathsinthePro-TrumpMobthatStormedthe Capitol, CNN(Jan.8,2021,5:29PM),
    [Show full text]
  • Delegates to the US Congress
    Delegates to the U.S. Congress: History and Current Status Christopher M. Davis Analyst on Congress and the Legislative Process August 25, 2015 Congressional Research Service 7-5700 www.crs.gov R40555 Delegates to the U.S. Congress: History and Current Status Summary Delegates, representing territories that had not yet achieved statehood, have served in the House since the late 1700s. In the 20th century, the concept of delegate grew to include representation of territories where the United States exercises some degree of control but were not expected to become states. In the 114th Congress, the U.S. insular areas of American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and the federal municipality of the District of Columbia are each represented in Congress by a delegate to the House of Representatives. In addition, Puerto Rico is represented by a resident commissioner, whose position is treated the same as a delegate. This report provides historical background on the development of the position of delegate to Congress and on the rights of a delegate once seated. The Constitution makes no provision for territorial representation, and early laws providing for territorial delegates to Congress did not specify the duties, privileges, and obligations of these representatives. It was left to the House and the delegates themselves to define their role. On January 13, 1795, the House took an important step toward establishing the functions of delegates when it appointed James White, the first territorial representative, to membership on a select committee. In subsequent years, delegates continued to serve on select committees as well as on conference committees.
    [Show full text]
  • Membership of the 115Th Congress: a Profile
    Membership of the 115th Congress: A Profile Jennifer E. Manning Senior Research Librarian Updated December 20, 2018 Congressional Research Service 7-5700 www.crs.gov R44762 Membership of the 115th Congress: A Profile Summary This report presents a profile of the membership of the 115th Congress (2017-2018) as of December 20, 2018. Statistical information is included on selected characteristics of Members, including data on party affiliation, average age, occupation, education, length of congressional service, religious affiliation, gender, ethnicity, foreign births, and military service. In the House of Representatives, there are 238 Republicans (including 1 Delegate and the Resident Commissioner of Puerto Rico), 201 Democrats (including 4 Delegates), and 5 vacant seats. The Senate has 51 Republicans, 47 Democrats, and 2 Independents, who both caucus with the Democrats. The average age of Members of the House at the beginning of the 115th Congress was 57.8 years; of Senators, 61.8 years, among the oldest in U.S. history. The overwhelming majority of Members of Congress have a college education. The dominant professions of Members are public service/politics, business, and law. Most Members identify as Christians, and Protestants collectively constitute the majority religious affiliation. Roman Catholics account for the largest single religious denomination, and numerous other affiliations are represented, including Jewish, Mormon, Buddhist, Muslim, Hindu, Greek Orthodox, Pentecostal Christian, Unitarian Universalist, and Christian Science. The average length of service for Representatives at the beginning of the 115th Congress was 9.4 years (4.7 House terms); for Senators, 10.1 years (1.7 Senate terms). One hundred fifteen women (a record number) serve in the 115th Congress: 92 in the House, including 5 Delegates and the Resident Commissioner, and 23 in the Senate.
    [Show full text]
  • 84Th Senate Rules
    SENATE RULES adopted by 84th LEGISLATURE January 21, 2015 SENATE RULES adopted by 84th LEGISLATURE January 21, 2015 Senate Resolution No. 39 The Texas Senate is an Equal Opportunity Employer and does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or the provision of services. TABLE OF CONTENTS Preface Statement of Authorization and Precedence..................... 1 ARTICLE I SENATE OFFICERS AND ELECTIONS Rule 1.01 Presiding officer of the Senate ...................................... 1 Rule 1.02 President Pro Tempore ................................................ 2 Rule 1.03 Vacancy in the office of Lieutenant Governor.................. 2 Rule 1.04 Officers of the Senate.................................................. 2 Rule 1.05 Election of Officers .................................................... 3 ARTICLE II ADMISSION TO SENATE CHAMBER Rule 2.01 Access to Senate floor................................................. 3 Rule 2.02 Restrictions on admission ............................................ 4 Rule 2.03 Persons lobbying not admitted ...................................... 5 Rule 2.04 Press correspondents................................................... 6 Rule 2.05 Forfeiture of admission privilege................................... 6 Rule 2.06 Exceptions................................................................ 6 Rule 2.07 Suspension of admission rule........................................ 7 ARTICLE III SENATE DECORUM Rule 3.01 Persons must be properly
    [Show full text]
  • The Constitution of the United States [PDF]
    THE CONSTITUTION oftheUnitedStates NATIONAL CONSTITUTION CENTER We the People of the United States, in Order to form a within three Years after the fi rst Meeting of the Congress more perfect Union, establish Justice, insure domestic of the United States, and within every subsequent Term of Tranquility, provide for the common defence, promote ten Years, in such Manner as they shall by Law direct. The the general Welfare, and secure the Blessings of Liberty to Number of Representatives shall not exceed one for every ourselves and our Posterity, do ordain and establish this thirty Thousand, but each State shall have at Least one Constitution for the United States of America. Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut fi ve, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland Article.I. six, Virginia ten, North Carolina fi ve, South Carolina fi ve, and Georgia three. SECTION. 1. When vacancies happen in the Representation from any All legislative Powers herein granted shall be vested in a State, the Executive Authority thereof shall issue Writs of Congress of the United States, which shall consist of a Sen- Election to fi ll such Vacancies. ate and House of Representatives. The House of Representatives shall chuse their SECTION. 2. Speaker and other Offi cers; and shall have the sole Power of Impeachment. The House of Representatives shall be composed of Mem- bers chosen every second Year by the People of the several SECTION.
    [Show full text]
  • Major First Amendment Conference Brings National Acclaim to Duquesne
    Major First Amendment Conference Brings National Acclaim to Duquesne By Tara Bradley-Steck group of high school students taking a for non-mainstream and mainstream religions, the “banned books” class came, as did a retired conference served as both an homage to the First Aexecutive from Alcoa. A journalist flew in from Amendment’s might and exploration of the forces Moscow specifically for the two-day event and flew threatening it in the digital age. home again with nary a twinge of jet lag. An alumna Duquesne and The Pittsburgh Foundation, in and her husband drove west across Pennsylvania, collaboration with the National Constitution Center, while another couple drove east from Iowa. presented the conference as a catalyst to reawaken This diverse assortment of folks came to Duquesne appreciation for First Amendment freedoms and as University in October for one purpose—to discuss, continuation of a University-sponsored series on civil honor and show their appreciation for the First discourse. Amendment and to learn of the challenges it might “The First Amendment comes up constantly— be facing. online, in our lives, in court, on campus. It’s really “I went because I want to learn more,” Marilyn interwoven into our lives in a way few other laws Painter, 81, of Pittsburgh said simply. “I just loved are,” said panelist Lata Nott, executive director of the agenda, and the quality of the presenters was the First Amendment Center at the Freedom Forum amazing.” Institute in Washington, D.C. The National Conference on the First Amendment: That is why the First Amendment is so critical.
    [Show full text]
  • NATIONAL SECURITY DOD and State Have Processes for Formal
    United States Government Accountability Office Report to the Honorable Christopher S. Murphy, U.S. Senate April 2021 NATIONAL SECURITY DOD and State Have Processes for Formal and Informal Challenges to the Classification of Information Accessible Version GAO-21-294 April 2021 NATIONAL SECURITY DOD and State Have Processes for Formal and Informal Challenges to the Classification of Information Highlights of GAO-21-294, a report to the Honorable Christopher S. Murphy, U.S. Senate Why GAO Did This Study What GAO Found Classified national security information The Department of Defense (DOD) and the Department of State (State) have is vital to U.S. national interests. The similar processes for formal challenges to the classification of information. For appropriate protection and handling of example, if there is reason to believe that information is improperly classified, this information is a top priority for the authorized holders—including executive branch agency or contractor personnel executive branch and Congress. with relevant clearances—can submit a formal classification challenge in writing Based on guidance, such as Executive (see figure). Officials will then review the classification challenge and make a Order 13526, Classified National determination. If a formal challenge is denied, the authorized holder can then Security Information, authorized appeal to senior officials within the agency, and if the agency denies the appeal, holders with access to classified the authorized holder can appeal directly to the Interagency Security information may submit a classification challenge if there are reasons to Classification Appeals Panel (ISCAP). ISCAP, established by Executive Order, believe information is improperly then issues a decision that is final unless the head of the agency appeals classified.
    [Show full text]
  • Membership of the 104Th Congress: a Profile
    95-205 GOV Membership of the 104th Congress: A Profile Mildred L. Amer Specialist in American National Government Government Division Updated March 21, 1995 Membership of the 104th Congress: A Profile SUMMARY For Members of the 104th Congress, this report provides data on party, age, occupations, education, length of service, religion, sex, race, national origin, military service, and marital status. The current party breakdown in the 104th Congress is: 230 Republicans, 204 Democrats, and 1 Independent in the House; and 53 Republicans and 47 Democrats in the Senate. The average age in the House (as of November 8,1994) is 50.9; the Senate, 58.4; for both chambers combined, 52.2. The dominant self-ascribed profession of Members continues to be the law (224: 42%), followed by business or banking (187, 35%), and public service (114, 26%). However, Members frequently list more than one occupation. Protestants collectively constitute the majority religious affiliation of Members (325, 61%)! but Roman Catholics account for the dominant single religious denomination (145,27%). Other affiliations (Greek Orthodox, Jewish, Mormon; Christian Scientist: or unspecified) make up the balance (61, 11%). An overwhelming majority of Members have had a college education. The average length of service in the House is 7.5 years; in the Senate, 10.1. There are a record number of blacks and women serving in the 104th Congress. There 56 women Members: 48 in the House, and a record 8 in the Senate. There are 41 black Members: a record 40 in the House and 1, a woman, in the Senate. Two of the black Members are Delegates, one from the District of Columbia, the other from the Virgin Islands.
    [Show full text]
  • Rules Are Made to Be
    Missouri Law Review Volume 31 Issue 2 Spring 1966 Article 4 Spring 1966 Rules Are Made to Be William L. Hungate Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation William L. Hungate, Rules Are Made to Be, 31 MO. L. REV. (1966) Available at: https://scholarship.law.missouri.edu/mlr/vol31/iss2/4 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Hungate: Hungate: Rules are Made RULES ARE MADE TO BE WILLIAM L. HUNGATE* To what extent do procedural requirements govern the substantive content of legislation enacted by the United States Congress? Lawyers acquainted with the consequences of suing in tort or as- sumpsit, when their client bit into a tack while eating blueberry pie or chewed a stone in a bowl of beans,1 well realize the homage our courts sometimes pay to procedure. What legal scholar hasn't savored the his- torical dilemma of whether to sue in trespass or trespass on the case? And, if the case is not your own, you can currently enjoy the subtle but significant difference in a judgment depending on whether it was taken as a summary judgment, a default judgment, or a judgment on the pleadings. When our own case or judgment is lost because of some procedural insufficiency, we may deplore those who worship "dry form" to the detri- ment of substantive merits.
    [Show full text]