Court : US Supreme Court
..... in any way the complex interrelationships between employees, employers and unions; obviously, much of this is left to the states." motor coach employees v. lockridge, 403 u. s. 274 , 403 u. s. 289 (1971). the pension act "leaves much to the states, though congress has refrained from telling us how much. we must spell out from conflicting indications of congressional will the area in ..... product of collective bargaining. because the 1958 disclosure act was in effect at the time of the crucial events in this case, the expression of congressional intent included therein should control the decision here. [ footnote 7 ] page 435 u. s. 506 congressional consideration of the problems in the pension field began in 1954, after the president sent a message to congress recommending that "congress .....
Tag this Judgment!Court : US Supreme Court
..... an incompetent veteran. the petition for certiorari asserts that the objections to respondent's application to the court of common pleas were based upon the president's order of march 31, 1933 (veterans' regulation no. 10), permitted by 4 and 7 of the act of march 20, 1933, c. 3, 48 stat. 9; "instructions" ..... would occur. during many years, congress has recognized the propriety, if not the necessity, of intrusting the custody and management of funds belonging to incompetent pensioners to fiduciaries appointed by state courts, without seeking to limit judicial power in respect of them. to the contrary, it has directed that, whenever any ..... the board of veterans' appeals at washington, march 28, 1934. respondent held for the estate $2,000, apparently pension money received from the veterans' administration. mr. sherrard had represented her since appointment and acted upon her request. petitioner, frank t. hines, appearing by counsel, admitted rendition of the services as stated. reasonableness .....
Tag this Judgment!Court : US Supreme Court
..... 54 began filing with the commission the annual registration statement required by 93(a) of the act. following a lengthy investigation, the division in 1981 reported to the commission that, in its view, local 54's president gerace, secretary-treasurer robert lumio, and grievance manager frank materio were disqualified under the criteria of ..... seeking to represent casino hotel employees must register with the commission annually, and must disclose the names of its officers, agents, affiliated organizations, and pension and welfare funds. appellees have not shown that this requirement of registration imposes any burden on them. indeed, they effectively concede that this 93(a ..... it from performing its functions as the employees' chosen bargaining agent. also, the issue of the validity of 93's second sanction -- prohibition of a union's administration of its pension or welfare funds cannot be decided now, despite the court of appeals' holding that the sanction is expressly preempted by .....
Tag this Judgment!Court : UK Supreme Court
..... law, the court found this not be necessary. but the dictum has never been expressly disapproved. in my opinion the time has come for it to be declared that lord president emslie's dictum in watt v lord advocate 1979 sc 102, 131 is incompatible with what was decided in anisminic ltd v foreign compensation commission [1969] 2 ac 147. in in ..... the creation of additional support tribunals under the education (additional support for lifelong learning) (scotland) act 2004. however, at least one tribunal exercising functions in scotland in relation to reserved matters the pensions appeal tribunal remains at first instance mainly outwith the structure of the 2007 act. so too do the employment tribunals and the employment appeal tribunal. so there is this further .....
Tag this Judgment!Court : UK Supreme Court
..... defendants. all four appealed to the court of appeal. on 30 july 2010 that court, lord judge cj, lord neuberger mr and sir anthony may, president of the queen's bench division, dismissed their appeal. on 14 september 2010 the court certified that the appeal had raised a point of law of general public importance, ..... tidy. occasionally management in both houses may deal with matters directly related to proceedings which come within the scope of article 9. for example, the members' pension fund of the house of commons is regulated partly by resolutions of the house. so too are members' salaries and the appointment of additional members of the ..... parliament and pointed out the distinction that must be drawn between such claims and applications for judicial review. i now come to consider the position where an act is committed which, absent any question of parliamentary privilege, would constitute a crime falling within the jurisdiction of the criminal courts. parliament has never challenged, in .....
Tag this Judgment!Court : US Supreme Court
..... was final on the laws as they stood, and that the petitioner could only appeal to congress. and here it may be safely asked whether the secretary and president, the latter elected by the nation and responsible to the people directly, and to their representatives in congress, each exercising an undoubtedly legitimate authority, were not the ..... that if the payment of the sum stated in the petition shall be commanded by the decision of the court, in consequence of the court's deciding that the pensioners under these acts of congress are entitled to half-pay and rations, or pay and emoluments, of the deceased officers and seamen, then he apprehends the navy ..... individuals are dissatisfied with his decisions." "after this reply, no further application was made to the undersigned, but in february last, a memorial was presented to the president of the united states in behalf of the claimant, by her counsel, in which a reconsideration of the case and his interference were requested, and that" "if .....
Tag this Judgment!Court : US Supreme Court
..... merely private suits for damages based on a president's official acts. pp. 457 u. s. 748 -754. (c) the president's absolute immunity extends to all acts within the "outer perimeter" of his duties of office. pp. 457 u. s. 755 -757. (d) a rule of absolute immunity for the president does not leave the nation without sufficient protection ..... been held warranted. in the case of this merely private suit for damages based on a president's official acts, we hold it is not. [ footnote 37 ] page 457 u. s. 755 c in defining the scope of an official's absolute privilege, this court has recognized that the sphere of protected action must be related closely ..... to claims of this kind, we hold that petitioner, as a former president of the united states, is entitled to absolute immunity from damages liability predicated on his official acts. we consider this immunity a functionally mandated incident of the president's unique office, rooted in the constitutional tradition of the separation of powers and .....
Tag this Judgment!Court : US Supreme Court
..... ineffective remedy, attended with many contingencies and burdened with onerous expenses. removal from office would be still more unsatisfactory. it would depend on the arbitrary discretion of the president or other appointing power, and is not such a remedy as a citizen of the united states is entitled to demand. we think that the case suggested by the ..... . all the proceedings had been gone through, the right of the applicant had been affirmed, the patent had been made out in the land office, signed by the president, sealed with the land office seal, countersigned by the recorder of the land office, recorded in the proper book, and transmitted to the local land officers for delivery, ..... and one foot, and $18 per month to those who had lost either one hand or one foot, and other less pensions for lesser injuries, any increase of pension to commence from the date of the examining surgeon's certificate. by the act of june 18, 1874, 18 stat. 78, c. 298, supp.rev.stat. 39, it was provided that in .....
Tag this Judgment!Court : US Supreme Court
..... -lewis agreement," which established the basic health benefits framework. supra, at 561; see also 11 fed. reg. 5593 (1946) (president truman's seizure order). in 1948, during a strike related to pension benefits, the government again intervened to ensure continued availability of these benefits. 13 fed. reg. 1579 (1948) (executive order creating board ..... . the 1950 w &r fund continued to operate with benefit levels subject to revision until the employee retirement income security act of 1974 (erisa) introduced specific funding and vesting requirements for pension plans. to comply with erisa, the umwa and the bituminous coal operators' association entered into the 1974 nbcwa, which ..... dick howard, stephen m. hodges, wade w massie, and gregory b. robertson. 504 opinion of o'connor, j. industry retiree health benefit act of 1992 (coal act or act), 26 u. s. c. 9701-9722 (1994 ed. and supp. ii), which establishes a mechanism for funding health care benefits for retirees from the coal industry .....
Tag this Judgment!Court : US Supreme Court
..... does the working owner of a business (here, the sole shareholder and president of a professional corporation) qualify as a participant in a pension plan covered by the employee retirement income security act of 1974 (erisa or act), 88 stat. 832, as amended, 29 u. s. c. 1001 et seq. the answer, we hold, is yes: ..... minimum participation, vesting and funding schedules, establishes standards of fiduciary conduct for plan administrators, and provides for civil and criminal enforcement of the act. nachman corp. v. pension benefit guaranty corporation, 446 u. s. 359 , 361, n. 1 (1980). title ii, codified in various parts of title 26 of the united states code, amended various ..... a participant, his loan repayment would have been shielded from the bankruptcy trustee s reach. held: the working owner of a business (here, the sole shareholder and president of a professional corporation) may qualify as a participant in a pension plan covered by erisa. if the plan covers one or more employees other than .....
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