Copyright by Clifford Farrington 2003 the Dissertation Committee for Clifford Farrington Certifies That This Is the Approved Version of the Following Dissertation
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DA 1/2015 in the Matter Between: HOSPERSA OBO TS TSHAMBI
IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, DURBAN Reportable Case no: DA 1/2015 In the matter between: HOSPERSA OBO TS TSHAMBI Appellant and DEPARTMENT OF HEALTH, KWAZULU –NATAL Respondent Heard: 25 February 2016 Delivered: 24 March 2016 Summary: Section 24 of the LRA provides for arbitration of disputes about the ‘interpretation or application’ of collective agreements– interpretation of – section provides for a dispute resolution device ancillary to collective bargaining, not to be used to remedy an unfair labour practice under pretext that a term of a collective agreement has been breached. The phrase ‘interpretation or application’ is not to be read disjunctively – the ‘enforcement’ of the terms of a collective agreement is a process which follows on a positive finding about ‘application’ not a facet of ‘application’. A dispute about an employer’s failure to pay an employee during period of suspension pending a disciplinary enquiry is, properly characterised, an unfair labour practice about unfair suspension as contemplated in section 186(2) (b) of the LRA. 2 An arbitrator must characterise a dispute objectively, not slavishly defer to the parties’ subjective characterisation- failure to do so is an irregularity. The determination of what constitutes a reasonable time within which to refer a dispute when no fixed period is prescribed for that category of dispute, such as a section 24 dispute, is a fact-specific enquiry having regard to the dynamics of labour relations considerations – where for example the dispute may be understood as a money claim, the prescription laws are irrelevant. Labour court reviewing and setting aside award in which arbitrator deferred to an incorrect characterisation of a dispute and ordering the matter to be heard afresh upheld and appeal against order dismissed. -
Post-Disaster Recovery of Public Housing in Galveston, Texas: an Opportunity for Whom?
2019 INQUIRY CASE STUDY STUDY CASE INQUIRY Post-Disaster Recovery of Public Housing in Galveston, Texas: An Opportunity for Whom? JANE RONGERUDE AND SARA HAMIDEH LINCOLN INSTITUTE OF LAND POLICY LINCOLN INSTITUTE OF LAND POLICY 1 TOPICS Disaster Recovery, Social Vulnerability Factors, Post-Disaster Planning, Public Housing Replacement Strategies TIMEFRAME 2008–2014 LEARNING GOALS • Understand the concept of social vulnerability and the role of its factors in shaping post-disaster recovery outcomes • Analyze examples to identify post-disaster recovery goals and to explain disparities in recovery outcomes among both public housing residents and units • Develop criteria for evaluating post-disaster recovery planning strategies to ensure fairness and inclusiveness • Analyze the goals and strategies for replacing affordable housing after disasters from different stakeholders’ perspectives PRIMARY AUDIENCE Planning students and housing officials PREREQUISITE KNOWLEDGE This case study assumes that readers have a foundational understanding of the concept of social vulnerability, which provides a framework for evaluating a community’s resilience and for understanding the ability of particular groups to anticipate, withstand, and recover from shocks such as natural disasters. This concept acknowledges that disaster risk is not distributed evenly across a population or a place. Because poor neighborhoods overall have fewer resources and more limited social and political capital than their more affluent counterparts, they face greater challenges in post-disaster recovery. Damage due to natural disasters is modulated by social factors such as income, race, ethnicity, religion, age, health, and disability status. Because poor people are more likely to live in low-quality housing, they are at greater risk for damage from high winds, waves, flooding, or tremors (Peacock et al. -
African-American Parents' Experiences in a Predominantly White School
Syracuse University SURFACE Dissertations - ALL SURFACE June 2017 Opportunity, but at what cost? African-American parents' experiences in a predominantly white school Peter Smith Smith Syracuse University Follow this and additional works at: https://surface.syr.edu/etd Part of the Education Commons Recommended Citation Smith, Peter Smith, "Opportunity, but at what cost? African-American parents' experiences in a predominantly white school" (2017). Dissertations - ALL. 667. https://surface.syr.edu/etd/667 This Dissertation is brought to you for free and open access by the SURFACE at SURFACE. It has been accepted for inclusion in Dissertations - ALL by an authorized administrator of SURFACE. For more information, please contact [email protected]. Abstract National measures of student achievement, such as the National Assessment of Educational Progress (NAEP), provide evidence of the gap in success between African- American and white students. Despite national calls for increased school accountability and focus on achievement gaps, many African-American children continue to struggle in school academically, as compared to their white peers. Ladson-Billings (2006) argues that a deeper understanding of the legacy of disparity in funding for schools serving primarily African- American students, shutting out African-American parents from civic participation, and unfair treatment of African-Americans despite their contributions to the United States is necessary to complicate the discourse about African-American student performance. The deficit model that uses student snapshots of achievement such as the NAEP and other national assessments to explain the achievement gap suggests that there is something wrong with African-American children. As Cowen Pitre (2104) explains, however, “the deficit model theory blames the victim without acknowledging the unequal educational and social structures that deny African- American students access to a quality education (2014, pg. -
Galveston, Texas
Galveston, Texas 1 TENTATIVE ITINERARY Participants may arrive at beach house as early as 8am Beach geology, history, and seawall discussions/walkabout Drive to Galveston Island State Park, Pier 21 and Strand, Apffel Park, and Seawolf Park Participants choice! Check-out of beach house by 11am Activities may continue after check-out 2 GEOLOGIC POINTS OF INTEREST Barrier island formation, shoreface, swash zone, beach face, wrack line, berm, sand dunes, seawall construction and history, sand composition, longshore current and littoral drift, wavelengths and rip currents, jetty construction, Town Mountain Granite geology Beach foreshore, backshore, dunes, lagoon and tidal flats, back bay, salt marsh wetlands, prairie, coves and bayous, Pelican Island, USS Cavalla and USS Stewart, oil and gas drilling and production exhibits, 1877 tall ship ELISSA Bishop’s Palace, historic homes, Pleasure Pier, Tremont Hotel, Galveston Railroad Museum, Galveston’s Own Farmers Market, ArtWalk 3 TABLE OF CONTENTS • Barrier Island System Maps • Jetty/Breakwater • Formation of Galveston Island • Riprap • Barrier Island Diagrams • Town Mountain Granite (Galveston) • Coastal Dunes • Source of Beach and River Sands • Lower Shoreface • Sand Management • Middle Shoreface • Upper Shoreface • Foreshore • Prairie • Backshore • Salt Marsh Wetlands • Dunes • Lagoon and Tidal Flats • Pelican Island • Seawolf Park • Swash Zone • USS Stewart (DE-238) • Beach Face • USS Cavalla (SS-244) • Wrack Line • Berm • Longshore Current • 1877 Tall Ship ELISSA • Littoral Zone • Overview -
Appendix B. Scoping Report
Appendix B. Scoping Report VALERO CRUDE BY RAIL PROJECT Scoping Report Prepared for November 2013 City of Benicia VALERO CRUDE BY RAIL PROJECT Scoping Report Prepared for November 2013 City of Benicia 550 Kearny Street Suite 800 San Francisco, CA 94104 415.896.5900 www.esassoc.com Los Angeles Oakland Olympia Petaluma Portland Sacramento San Diego Seattle Tampa Woodland Hills 202115.01 TABLE OF CONTENTS Valero Crude By Rail Project Scoping Report Page 1. Introduction .................................................................................................................. 1 2. Description of the Project ........................................................................................... 2 Project Summary ........................................................................................................... 2 3. Opportunities for Public Comment ............................................................................ 2 Notification ..................................................................................................................... 2 Public Scoping Meeting ................................................................................................. 3 4. Summary of Scoping Comments ................................................................................ 3 Commenting Parties ...................................................................................................... 3 Comments Received During the Scoping Process ........................................................ 4 Appendices -
THE CONNERS of WACO: BLACK PROFESSIONALS in TWENTIETH CENTURY TEXAS by VIRGINIA LEE SPURLIN, B.A., M.A
THE CONNERS OF WACO: BLACK PROFESSIONALS IN TWENTIETH CENTURY TEXAS by VIRGINIA LEE SPURLIN, B.A., M.A. A DISSERTATION IN HISTORY Submitted to the Graduate Faculty of Texas Tech University in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY Approved ~r·rp~(n oj the Committee li =:::::.., } ,}\ )\ •\ rJ <. I ) Accepted May, 1991 lAd ioi r2 1^^/ hJo 3? Cs-^.S- Copyright Virginia Lee Spurlin, 1991 ACKNOWLEDGMENTS This dissertation is a dream turned into a reality because of the goodness and generosity of the people who aided me in its completion. I am especially grateful to the sister of Jeffie Conner, Vera Malone, and her daughter, Vivienne Mayes, for donating the Conner papers to Baylor University. Kent Keeth, Ellen Brown, William Ming, and Virginia Ming helped me immensely at the Texas Collection at Baylor. I appreciated the assistance given me by Jene Wright at the Waco Public Library. Rowena Keatts, the librarian at Paul Quinn College, deserves my plaudits for having the foresight to preserve copies of the Waco Messenger, a valuable took for historical research about blacks in Waco and McLennan County. The staff members of the Lyndon B. Johnson Library and Texas State Library in Austin along with those at the Prairie View A and M University Library gave me aid, information, and guidance for which I thank them. Kathy Haigood and Fran Thompson expended time in locating records of the McLennan County School District for me. I certainly appreciated their efforts. Much appreciation also goes to Robert H. demons, the county school superintendent. -
Private Schools for Blacks in Early Twentieth Century Richmond, Virginia
W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 2016 Private Schools for Blacks in Early Twentieth Century Richmond, Virginia Sharron Smith College of William and Mary, [email protected] Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the History Commons Recommended Citation Smith, Sharron, "Private Schools for Blacks in Early Twentieth Century Richmond, Virginia" (2016). Dissertations, Theses, and Masters Projects. Paper 1477068460. http://doi.org/10.21220/S2D30T This Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Dissertations, Theses, and Masters Projects by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. Private Schools for Blacks in Early Twentieth Century Richmond, Virginia Sharron Renee Smith Richmond, Virginia Master of Liberal Arts, University of Richmond, 2004 Bachelor of Arts, Mary Baldwin College, 1989 A Thesis presented to the Graduate Faculty of the College of William and Mary in Candidacy for the Degree of Master of Arts Department of History The College of William and Mary August, 2016 © Copyright by Sharron R. Smith ABSTRACT The Virginia State Constitution of 1869 mandated that public school education be open to both black and white students on a segregated basis. In the city of Richmond, Virginia the public school system indeed offered separate school houses for blacks and whites, but public schools for blacks were conducted in small, overcrowded, poorly equipped and unclean facilities. At the beginning of the twentieth century, public schools for black students in the city of Richmond did not change and would not for many decades. -
National Implications: Historical View of Black School Board Members of the State of Texas Until 1985
NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL VOLUME 23, NUMBER 4, 2006 National Implications: Historical View of Black School Board Members of the State of Texas Until 1985 Dr. James E. Ginn Dr. J D Gregory, Jr. Texas Southern University Prairie View A&M University Dr. Henry North Dr. Leola Robinson Scott Texas Southern University Southern University ABSTRACT This study is an examination of the historical, social, economic, and political profile of the state of Texas and their opinions concerning the educational issues of school integration, segregation or desegregation, staff assignment and the overall participation of Black School Board members on their perspective school boards. It indicates an enhanced growth of board members and their concerns of all students comprising the school district. Introduction lacks experienced the horrors of slavery, the war between the states of the United States to preserve the Union and the abolishment of slavery, the Reconstruction BEra, the dismantling of Reconstruction and the introduction of “Jim Crowism”, the dismantling of the “Separate but Equal” doctrine, and the emergence of Blacks into she political arena. The Black electorate, however, experienced appreciable political activity prior to the Reconstruction Era. 1 The advent of the Reconstruction Era facilitated the awareness of the Black freedmen and provided a support system which ensured the inclusion of Blacks in the political process of Texas and other southern states. 2,3 During this period, many Blacks were elected to numerous political positions and held significant positions in the Republican Party. 4 Democrats, on the other hand, made numerous 1 NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL 2___________________________________________________________________________________ attempts to destroy the Republican Party and the accompanying political influence of Black Texans during Reconstruction and the subsequent years. -
Mid-Bay Gate
Mid-bay gate (M) Oyster reefs (D) SSPEED models showed that a mid- SSPEED evaluated the storm-surge bay gate, if used in combination protection that would result from the with dredged containment berms proposed construction of oyster reefs (E), would provide substantial surge across the middle of Galveston Bay, reduction in the western and upper along with vertical retaining walls. portions of the bay. Preliminary Modeling for this scenario found that estimates indicate the mid-bay gate the reefs alone would not adequately would provide a significant level of reduce storm surge in the western and surge protection for the west side of northwestern portions of the bay in Galveston Bay and the industrial the event that hurricane-force winds complex along the Houston Ship crossed over the large open expanse Channel. in the upper portion of the bay. Dredged berms (E) Galveston Seawall (1) The proposed dredge-containment Raising the existing 17-foot berms along the Houston Ship Galveston Seawall would provide Channel within the bay have been additional protection from coastal evaluated with computer models. storm surge for the city of Galveston. Existing berm sites along much of SSPEED has evaluated this scenario the Houston Ship Channel have and assessed the level of surge been constructed by the Army Corps protection a raised seawall would of Engineers for depositing the provide. material that is routinely dredged from the ship channel. Some of Raising Texas Highway 87 (F) and these berms, like the one that makes Farm-to-Market Road 3005 (G) up Atkinson Island, are as high as Computer models showed that raising 25 feet above sea level. -
In the Spirit of St. Peter Claver: Social Justice and Black Catholicism in San Antonio
Verbum Incarnatum: An Academic Journal of Social Justice Volume 8 Essays in Honor of Philip Lampe Article 1 4-29-2021 In the Spirit of St. Peter Claver: Social Justice and Black Catholicism in San Antonio Philip Lampe Ph.D. University of the Incarnate Word, [email protected] Follow this and additional works at: https://athenaeum.uiw.edu/verbumincarnatum Part of the Architecture Commons, Business Commons, Critical and Cultural Studies Commons, Education Commons, English Language and Literature Commons, History Commons, Law Commons, Life Sciences Commons, Medicine and Health Sciences Commons, Physical Sciences and Mathematics Commons, Religion Commons, and the Sociology Commons Recommended Citation Lampe, Philip Ph.D. (2021) "In the Spirit of St. Peter Claver: Social Justice and Black Catholicism in San Antonio," Verbum Incarnatum: An Academic Journal of Social Justice: Vol. 8 , Article 1. Available at: https://athenaeum.uiw.edu/verbumincarnatum/vol8/iss1/1 This Article is brought to you for free and open access by The Athenaeum. It has been accepted for inclusion in Verbum Incarnatum: An Academic Journal of Social Justice by an authorized editor of The Athenaeum. For more information, please contact [email protected]. Lampe: In the Spirit of St. Peter Claver In the Spirit of St. Peter Claver: Social Justice and Black Catholicism in San Antonio Philip E. Lampe University of the Incarnate Word Abstract The editors want to take the space reserved for the abstract to say that this is the final piece of research that Phil Lampe completed before his passing. We publish it here posthumously in tribute to Phil’s tireless work for social justice, as editor of Verbum Incarnatum, as researcher of social- justice efforts in South Texas and Mexico, and as an educator committed to inspiring students to pursue justice in their lives outside the academy. -
Enterprise Bargaining Agreements and the Requirement to ‘Consult’
About the Institute of Public Affairs The Institute of PuBlic Affairs is an independent, non-profit puBlic policy think tank, dedicated to preserving and strengthening the foundations of economic and political freedom. Since 1943, the IPA has been at the forefront of the political and policy debate, defining the contemporary political landscape. The IPA is funded By individual memBerships and subscriptions, as well as philanthropic and corporate donors. The IPA supports the free market of ideas, the free flow of capital, a limited and efficient government, evidence-Based puBlic policy, the rule of law, and representative democracy. Throughout human history, these ideas have proven themselves to be the most dynamic, liBerating and exciting. Our researchers apply these ideas to the puBlic policy questions which matter today. About the authors Gideon Rozner is an Adjunct Fellow at the Institute of PuBlic Affairs. He was admitted to the Supreme Court of Victoria in 2011 and spent several years practicing as a lawyer at one of Australia’s largest commercial law firms, as well as acting as general counsel to an ASX-200 company. Gideon has also worked as a policy adviser to ministers in the AbBott and TurnBull Governments. Gideon holds a Bachelor of Laws (Honours) and a Bachelor of Arts from the University of MelBourne. Aaron Lane is a Legal Fellow at the Institute of PuBlic Affairs. He specialises in employment, industrial relations, regulation and workplace law. He is a lawyer, admitted to the Supreme Court of Victoria in 2012. He has appeared before the Fair Work Commission, the Productivity Commission, and the Senate Economics Committee, among other courts and triBunals. -
Supreme Court of the United States
No. 14-981 IN THE Supreme Court of the United States ABIGAIL NOEL FISHER, Petitioner, v. UNIVERSITY OF TEXAS AT AUSTIN, et al., Respondents. ON WRIT OF CERTIORARI TO THE UNITED STATES CouRT OF APPEALS FOR THE FIFTH CIRcuIT BRIEF OF AMICI CURIAE UNITED NEGRO COLLEGE FUND AND NATIONAL URBAN LEAGUE IN SUPPORT OF RESPONDENTS DEsiREÉ C. BOYkiN DAVid E. SCHWARTZ General Counsel Counsel of Record UNITED NEGRO COLLEGE FUND RICHARD W. Kidd 1805 Seventh Street, NW MELINDA M. HIGHTOWER Washington, DC 20001 ASHLY NikkOLE DAVis TATUM JI NICOLE LAZARRE CHRisTINE A. KUVEKE General Counsel Four Times Square NATIONAL URBAN LEAGUE New York, New York 10036 120 Wall Street, 8th Floor (212) 735-3000 New York, New York 10005 [email protected] Counsel for Amici Curiae 262430 A (800) 274-3321 • (800) 359-6859 i TABLE OF CONTENTS Page TABLE OF CONTENTS..........................i TABLE OF CITED AUTHORITIES ..............iv INTEREST OF AMICI CURIAE ..................1 United Negro College Fund .....................1 National Urban League .........................5 SUMMARY OF ARGUMENT .....................5 ARGUMENT....................................9 IT IS NOT IN THE NATION’S INTEREST TO EXPLICITLY OR IMPLICITLY END RACE-CONSCIOUS ADMISSIONS IN HIGHER EDUCATION ..........................9 A. THE EFFECTS OF STATE-SPONSORED DISCRIMINATION ARE NOT MERE HISTORICAL FOOTNOTES................9 1. Lingering Effects of Discrimination: Limited Educational Opportunities ......10 2. Lingering Effects of Discrimination: Limited Employment Opportunities .....12 ii Table of Contents Page 3. Lingering Effects of Discrimination: Racially Biased Police and Judicial Practices.............................15 4. Lingering Effects of Discrimination: Police Brutality and Extrajudicial Killings ..............................17 5. Lingering Effects of Discrimination: Violence Against Black Churches ........20 B. THE RAMIFICATIONS OF EXPLICITLY OR IMPLICITLY ELIMINATING RACE-CONSCIOUS DECISION MAKING IN HIGHER EDUCATION ARE SIGNIFICANT .........22 1.