Nlrb give consideration to its totality of conduct doctrine in reaching a conclusion

Remember that the debtor, as proponent of the plan, bears the burden of proving compliance with Section c. In other words, should she win her case because some non-pregnant employees with the same restrictions received an accommodation that she did not.

A union challenging a KEIP should probe whether the company satisfied these factors. In addition to reasonably describing the records sought, a FOIA requester must follow an agency's regulations in making a request. Archivist of the United States, F. United States Dep't of Justice, No.

Even those courts that apply the business judgment rule under Section c 3 nonetheless ask a host of questions, including whether the proposed KEIP discriminates unfairly; whether its cost is reasonable; whether it is consistent with industry standards; and whether the debtor received independent counsel regarding it.

FOIA Guide, 2004 Edition: Procedural Requirments

At a more fundamental level, the FOIA applies only to "records," not to tangible, evidentiary objects. United States Dep't of Commerce, F. Nat'l Red Cross, F. Procedural Requirments Freedom of Information Act Guide, May Procedural Requirements The Freedom of Information Act requires federal agencies to make their records promptly available to any person who makes a proper request for them.

The subject of fees under the Act is discussed more fully and separately under Fees and Fee Waivers, below. For example, the proposed KEIP may aim to give bonuses similar in size to those given to management pre-bankruptcy, but companies often file bankruptcy when their industry is in financial distress.

United We Stand Am. An outside financial firm may claim to have counseled the company regarding the proposed KEIP, but did it in fact just bless what management had already decided to pay itself.

Circuit has suggested that an agency is not required to make requested records available by mailing copies of them to a FOIA requester if the agency prefers to make the "responsive records available in one central location for [the requester's] perusal," such as in a "reading room," the Department of Justice strongly advises agencies to decline to follow such a practice unless the requester prefers it as well.

FOIA Guide, 2004 Edition: Procedural Requirments

To make a case that an executive is an insider, the union should seek evidence that he or she reports to top management, enjoys pay toward the top of the corporate pay scale, and either has discretion to set at least some company policy or to authorize the expenditure of non-trivial sums from the corporate treasury.

For example, the proposed KEIP may aim to give bonuses similar in size to those given to management pre-bankruptcy, but companies often file bankruptcy when their industry is in financial distress. Executive Office of the President, 90 F. Because a KERP is admittedly a tool to keep management officials on the job during the Chapter 11, the debtor must, to comply with Section c 1prove that all those covered by it are not insiders.

Bureau of Prisons, No. At a more fundamental level, the FOIA applies only to "records," not to tangible, evidentiary objects. May 13, "Although [defendant] Amtrak is not a federal agency, it must comply with FOIA" pursuant to a specific provision in its own organic statute citing 49 U.

Yet challenging a KEIP may be a battle worth fighting. A union challenging a KEIP should probe whether the company satisfied these factors. Law and lawyer cartoons, written by a Harvard lawyer.

Procedural Requirements.

FOIA Guide, 2004 Edition: Procedural Requirments

The Freedom of Information Act requires federal agencies to make their records promptly available to any person who makes a proper request for them.

Welcome. Welcome to the bankruptcy law blog uniquely devoted to the interests of organized labor and multiemployer funds. When an employer goes bankrupt, leaving workers vulnerable, unions and their affiliated funds face a host of challenging legal issues.

Procedural Requirements. The Freedom of Information Act requires federal agencies to make their records promptly available to any person who makes a proper request for them.

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In its decision of Brinker turnonepoundintoonemillion.comor Court, the California Supreme Court explained that employees must be "relieved of all duties" during their statutorily required minute meal turnonepoundintoonemillion.com that time, however, courts have struggled to define the exact status that employees are entitled to enjoy during the shorter minute rest breaks which are also required by statute.

Nlrb give consideration to its totality of conduct doctrine in reaching a conclusion
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