text:
    No. 98-6114 (A-251).
    Roberts v. Moore, Director, South Carolina Department of Corrections, et al.
   Sup. Ct. S. C. Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied. Certiorari denied.


source: Caselaw Access Project

license: Public Domain

text:
    September 29, 1998
    No. 98-85.
    Hunt, Governor of North Carolina, et al. v. Cromartie et al.
   Appeal from D. C. E. D. N. C. Probable jurisdiction noted. Brief of appellants is to be filed with the Clerk and served upon opposing counsel on or before 8 p.m., Tuesday, November 10, 1998. Brief of appellees is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. This Court’s Pule 29.2 does not apply.


text:
    No. 97-843.
    Davis, as Next Friend of LaShonda D. v. Monroe County Board of Education et al.
   C. A. 11th Cir. Certiorari granted limited to Question 1 presented by the petition. Brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. This Court’s Rule 29.2 does not apply.


text:
    No. 97-1625.
    California Dental Assn. v. Federal Trade Commission.
   C. A. 9th Cir. Certiorari granted. Brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29,1998. This Court’s Rule 29.2 does not apply.


text:
    No. 97-1732.
    California Public Employees’ Retirement System et al. v. Felzen et al.
   C. A. 7th Cir. Certiorari granted limited to Question 1 presented by the petition. Brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. This Court’s Rule 29.2 does not apply.

Justice O’Connor took no part in the consideration or decision of this petition.


text:
    No. 97-2000.
    American Manufacturers Mutual Insurance Co. et al. v. Sullivan et al.
   C. A. 3d Cir. Motion of National Association of Waterfront Employers et al. for leave to file a brief as amici curiae granted. Certiorari granted. Brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29,1998. This Court’s Rule 29.2 does not apply.


text:
    No. 97-2044.
    United States v. Haggar Apparel Co.
   C. A. Fed. Cir. Certiorari granted. Brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29,1998. This Court’s Rule 29.2 does not apply.


text:
    No. 97-2045.
    South Central Bell Telephone Co. et al. v. Alabama et al.
   Sup. Ct. Ala. Motions of AlliedSignal, Inc., et al. and Committee on State Taxation for leave to file briefs as amici curiae granted. Certiorari granted limited to Questions 1 and 2 presented by the petition. Brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 8 p.m., Tuesday, December 29, 1998. This Court’s Rule 29.2 does not apply.


text:
    No. 97-9217.
    Peguero v. United States.
   C. A. 3d Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted. Brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. This Court’s Rule 29.2 does not apply.


text:
    No. 98-18.
    Brooker v. Durocher Dock & Dredge et al.
   C. A. 11th Cir. Certiorari granted. Brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10,1998. Brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. This Court’s Rule 29.2 does not apply.


text:
    No. 98-84.
    National Collegiate Athletic Assn. v. Smith.
   C. A. 3d Cir. Certiorari granted. Brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. This Court’s Rule 29.2 does not apply.


text:
    No. 98-97.
    Anderson, Director, California Department of Social Services, et al. v. Roe et al., on Behalf of Themselves and All Others Similarly Situated.
   C. A. 9th Cir. Motions of United States Justice Foundation et al. and Washington Legal Foundation et al. for leave to file briefs as amici curiae granted. Certiorari granted. Brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. This Court’s Rule 29.2 does not apply.


text:
    No. 98-184.
    Wyoming v. Houghton.
   Sup. Ct. Wyo. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted. Brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. This Court’s Rule 29.2 does not apply.


text:
    No. 98-6139 (A-245).
    Cruz v. Johnson, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, denied. Certiorari denied.

Justice Stevens and Justice Ginsburg would grant the application for stay of execution.


text:
    RUBIN, SECRETARY OF THE TREASURY, et al. v. UNITED STATES, acting through the Independent Counsel
    No. A-53 (98-93).
    Decided July 17, 1998
   Chief Justice Rehnquist, Circuit Justice.

This ease is before me as Circuit Justice on the application for stay submitted by the Solicitor General, on behalf of the Secretary of the Treasury Robert E. Rubin. Because several of my colleagues are out of the country, I have decided to rule on the matter myself rather than refer it to the Conference.

An applicant for stay first must show irreparable harm if a stay is denied. In my view, the applicant has not demonstrated that denying a stay and enforcing the subpoenas pending a decision on certiorari would cause irreparable harm. The Secretary identifies two injuries that would result from denying a stay: any privileged information would be lost forever and the important interests that the “protective function privilege” protects would be destroyed. I cannot say that any harm caused by the interim enforcement of the subpoenas will be irreparable. If the Secretary’s claim of privilege is eventually upheld, disclosure of past events will not affect the President’s relationship with his protectors in the future. On balance, the equities do not favor granting a stay.

An applicant for stay must also show that there is a likelihood that four Members of this Court will grant certiorari to review the decision of the Court of Appeals on the merits. This case is obviously not a run-of-the-mine dispute, pitting as it does the prosecution’s need for testimony before a grand jury against claims involving the safety and protection of the President of the United States. I shall assume, without deciding, that four Members of this Court on that basis would grant certiorari.

But a stay applicant must also show that there is a likelihood that this Court, having granted certiorari and heard the ease, would reverse the judgment of the Court of Appeals. The applicant simply has not made that showing to my satisfaction, and I believe my view would be shared by a majority of my colleagues. The opinion of the Court of Appeals seems to me cogent and correct. The District Court which considered the matter was also of that view, and none of the nine judges of the Court of Appeals even requested a vote on the applicant’s suggestion for rehearing en bane.

The application for stay is accordingly denied.


text:
    UNITED STATES v. LOUISIANA et al. (TEXAS BOUNDARY CASE)
    No. 9,
    Orig.
    Decided May 31, 1960, December 4, 1967, and March 3, 1969 — Final Decree Entered December 12,1960 — Supplemental Decree Entered May 5,1969 —
    Supplemental Decree Entered October 13, 1998
   SUPPLEMENTAL DECREE

On December 12, 1960, this Court entered a final decree addressing the entitlement of the United States and the States of Alabama, Florida, Louisiana, Mississippi, and Texas to lands, minerals, and other natural resources underlying the Gulf of Mexico. United States v. Louisiana, 364 U. S. 502. On May 5,1969, this Court entered a supplemental decree describing the 1845 coastline of the State of Texas and the offshore boundary between the United States and Texas. United States v. Louisiana, 394 U. S. 836. For the purpose of identifying with greater particularity the boundary line between the submerged lands of Texas and those of the United States, it is ordered, adjudged, and decreed as follows:

1. As against the United States, with the exceptions provided by §5 of the Submerged Lands Act, 67 Stat. 32, 43 U. S. C. § 1313, the State of Texas is entitled to all lands, minerals, and other natural resources underlying the Gulf of Mexico, bounded on the south by the international boundary with the Republic of Mexico and on the east by the boundary between the States of Texas and Louisiana and an extension thereof, that lie landward of the line described in paragraph 3 below.

2. As against the State of Texas, the United States is entitled to all lands, minerals, and other natural resources underlying the Gulf of Mexico, bounded on the south by the international boundary with the Republic of Mexico and on the east by the boundary between the States of Texas and Louisiana and an extension thereof, that lie seaward of the line described in paragraph 3 below.

3. The federal-state boundary line, referred to in paragraphs 1 and 2 above, is located as follows:

NAD 27 Texas South Zone (feet)

Type Code x-coordinate y-coordinate

BEGINNING AT 2499640.190 113383.050

BY STRAIGHT LINE TO 2499530.550 116379.990

BY ARC CENTERED AT 2444923.280 113478.030

TO 2499085.770 121013.970

BY STRAIGHT LINE TO 2498580.340 124646.260

BY ARC CENTERED AT 2444417.930 117110.640

TO 2498520.860 125062.040

BY ARC CENTERED AT 2447716.990 104830.000

TO 2498147.430 125977.510

BY STRAIGHT LINE TO 2498068.220 126760.310

BY ARC CENTERED AT 2443661.000 121256.010

NAD 27 Texas South Zone (feet)

x-coordinate y-eoordinate

TO 2497382.910 181473.560

BY STRAIGHT LINE TO 2497076.470 135705.480

BY STRAIGHT LINE TO 2497119.050 137947.290

BY STRAIGHT LINE TO 2497240.260 139652.480

BY ARC CENTERED AT 2442693.000 143530.000

TO 2496941.950 150421.250

BY STRAIGHT LINE TO 2496722.950 152145.250

BY ARC CENTERED AT 2442474.000 145254.000

TO 2496369.790 154510.440

BY STRAIGHT LINE TO 2495552.790 159267.440

BY ARC CENTERED AT 2441657.000 150011.000

TO 2495160.620 161315.920

BY STRAIGHT LINE TO 2494874.980 162667.810

BY STRAIGHT LINE TO 2494746.000 163636.000

BY STRAIGHT LINE TO 2494468.310 165973.870

BY ARC CENTERED AT 2443246.710 146822.120

TO 2492810.740 169927.290

BY STRAIGHT LINE TO 2492774.800 170112.970

BY ARC CENTERED AT 2439086.150 159722.250

TO 2492588.170 171034.890

BY STRAIGHT LINE TO 2492205.260 174407.590

BY ARC CENTERED AT 2437625.640 171015.450

TO 2491921.560 177526.340

BY STRAIGHT LINE TO 2491552.740 180602.020

BY ARC CENTERED AT 2437256.820 174091.130

TO 2491382.170 181893.990

BY STRAIGHT LINE TO 2491322.660 182306.820

BY STRAIGHT LINE TO 2491250.280 183423.780

BY ARC CENTERED AT 2436679.820 179887.780

TO 2491038.940 185848.050

BY STRAIGHT LINE TO 2490687.070 189057.190

BY ARC CENTERED AT 2436327.950 183096.920

TO 2490568.140 190056.800

Type Code x-coordinate y-coordinate

BY STRAIGHT LINE TO 2489781.810 196184.910

BY STRAIGHT LINE TO 2489408.130 199725.490

BY ARC CENTERED AT 2435025.270 193985.870

TO 2488891.700 203411.710

BY STRAIGHT LINE TO 2488385.320 206305.540

BY STRAIGHT LINE TO 2488095.190 207985.200

BY STRAIGHT LINE TO 2487772.010 210387.930

BY ARC CENTERED AT 2433575.160 203098.250

TO 2487561.760 211809.440

BY STRAIGHT LINE TO 2487232.820 213848.020

BY ARC CENTERED AT 2432844.590 208159.240

TO 2487027.760 215549.950

BY STRAIGHT LINE TO 2486636.220 218420.430

BY ARC CENTERED AT 2432453.050 211029.720

TO 2486214.950 221034.530

BY STRAIGHT LINE TO 2485938.220 222521.570

BY STRAIGHT LINE TO 2485815.850 223411.880

BY ARC CENTERED AT 2431640.280 215965.660

TO 2484763.880 228939.650

BY STRAIGHT LINE TO 2484753.860 228995.960

BY ARC CENTERED AT 2430915.120 219413.240

TO 2484707.670 229251.920

BY STRAIGHT LINE TO 2484141.990 232344.750

BY ARC CENTERED AT 2430349.440 222506.070

TO 2483210.720 236510.600

BY STRAIGHT LINE TO 2483055.890 237300.960

BY ARC CENTERED AT 2429390.990 226788.270

TO 2482686.770 239035.640

BY STRAIGHT LINE TO 2482267.080 240861.990

BY STRAIGHT LINE TO 2481855.260 242883.000

BY ARC CENTERED AT 2428271.470 231964.400

TO 2481793.420 243182.190

BY STRAIGHT LINE TO 2481027.530 246836.380

Type Code x-coordinate y-eoordinate

BY ARC CENTERED AT 2427505.580 235618.590

TO 2480357.520 249658.190

BY STRAIGHT LINE TO 2480292.310 249903.680

BY ARC CENTERED AT 2426833.570 238388.260

TO 2479639.120 252601.340

BY STRAIGHT LINE TO 2478059.020 258471.870

BY STRAIGHT LINE TO 2477392.310 261606.470

BY ARC CENTERED AT 2423903.880 250229.900

TO 2476815.070 264044.520

BY STRAIGHT LINE TO 2474580.490 272603.140

BY STRAIGHT LINE TO 2473051.430 278464.090

BY STRAIGHT LINE TO 2472865.110 279221.610

BY ARC CENTERED AT 2419762.850 266160.680

TO 2472134.540 281897.390

BY STRAIGHT LINE TO 2471635.750 283557.370

BY STRAIGHT LINE TO 2471536.110 284004.850

BY ARC CENTERED AT 2418158.400 272119.650

TO 2470645.240 287467.950

BY STRAIGHT LINE TO 2469160.610 292544.980

BY ARC CENTERED AT 2415708.630 280998.210

TO 2468375.640 295716.380

BY STRAIGHT LINE TO 2467281.750 299630.710

BY STRAIGHT LINE TO 2467063.940 300479.790

BY ARC CENTERED AT 2414094.150 286891.590

TO 2466681.490 301891.910

BY STRAIGHT LINE TO 2464286.370 310288.600

BY ARC CENTERED AT 2411699.030 295288.280

TO 2463285.380 313434.620

BY STRAIGHT LINE TO 2461034.980 320839.800

BY ARC CENTERED AT 2408712.780 304939.300

TO 2460234.640 323267.860

BY STRAIGHT LINE TO 2459053.490 326588.090

BY ARC CENTERED AT 2407531.630 308259.530

Type Code x-coordinate y-coordinate

TO 2458585.720 327853.430

BY ARC CENTERED AT 2406144.130 312351.150

TO 2458085.170 329455.830

BY ARC CENTERED AT 2405329.070 315060.150

TO 2456893.510 333268.570

BY STRAIGHT LINE TO 2456601.800 334094.660

BY ARC CENTERED AT 2402327.560 327405.250

TO 2456491.030 334939.170

BY STRAIGHT LINE TO 2450926.200 352123.960

BY ARC CENTERED AT 2898901.000 335277.000

TO 2450600.010 353099.830

BY ARC CENTERED AT 2402327.560 327405.250

TO 2448841.400 356161.200

BY ARC CENTERED AT 2397154.960 338301.920

TO 2448402.460 357384.260

BY STRAIGHT LINE TO 2448203.960 358041.630

BY ARC CENTERED AT 2395853.580 342234.170

TO 2447351.610 360629.590

BY STRAIGHT LINE TO 2445237.930 366546.830

BY STRAIGHT LINE TO 2444812.700 367941.320

BY ARC CENTERED AT 2392505.710 351990.870

TO 2444593.900 368641.950

BY STRAIGHT LINE TO 2443105.010 373299.520

BY ARC CENTERED AT 2391016.820 356648.440

TO 2442033.710 376339.020

BY ARC CENTERED AT 2389552.290 360972.090

TO 2441418.680 378301.810

BY STRAIGHT LINE TO 2441344.850 378626.700

BY ARC CENTERED AT 2388019.490 366508.780

TO 2439779.110 384154.840

BY STRAIGHT LINE TO 2439562.270 385005.700

BY ARC CENTERED AT 2386571.100 371501.090

TO 2438943.520 387235.390

NAD 27 Texas South Zone (feet)

Type Code x-coordinate y-eoordinate

BY STRAIGHT LINE TO 2437602.910 391697.680

BY ARC CENTERED AT 2385230.490 375963.380

TO 2437284.850 392719.940

BY STRAIGHT LINE TO 2436975.360 393681.380

BY STRAIGHT LINE TO 2436280.090 396142.280

BY STRAIGHT LINE TO 2435935.420 397450.420

BY ARC CENTERED AT 2383055.220 383517.610

TO 2435869.020 397700.130

BY ARC CENTERED AT 2382474.620 385889.990

TO 2434395.970 403054.240

BY STRAIGHT LINE TO 2433650.070 405310.550

BY STRAIGHT LINE TO 2433087.580 407425.790

BY ARC CENTERED AT 2380239.370 393372.130

TO 2432993.510 407774.870

BY STRAIGHT LINE TO 2432437.610 409811.000

BY STRAIGHT LINE TO 2432335.870 410202.980

BY ARC CENTERED AT 2379404.950 396464.120

TO 2432157.640 410872.290

BY ARC CENTERED AT 2378627.400 399693.960

TO 2431651.370 413069.200

BY STRAIGHT LINE TO 2431453.470 413853.740

BY STRAIGHT LINE TO 2431013.370 415825.730

BY ARC CENTERED AT 2377641.480 403914.410

TO 2430848.050 416543.720

BY STRAIGHT LINE TO 2430456.820 418191.950

BY ARC CENTERED AT 2377250.250 405562.640

TO 2430081.080 419681.490

BY STRAIGHT LINE TO 2429782.280 420799.550

BY ARC CENTERED AT 2376492.690 408525.150

TO 2429618.410 421490.340

BY STRAIGHT LINE TO 2429425.410 422281.170

BY ARC CENTERED AT 2376299.690 409315.980

TO 2429115.820 423489.710

NAD 27 Texas South Zone (feet)

Type Code x-eoordinate y-eoordinate

BY STRAIGHT LINE TO 2428995.000 423939.930

BY STRAIGHT LINE TO 2428815.500 424717.220

BY ARC CENTERED AT 2375532.880 412412.700

TO 2428479.360 426091.600

BY STRAIGHT LINE TO 2428280.980 427102.420

BY ARC CENTERED AT 2374619.700 416571.290

TO 2427686.310 429776.450

BY STRAIGHT LINE TO 2427221.210 432117.020

BY ARC CENTERED AT' 2373585.020 421458.800

TO 2426956.130 433373.750

BY STRAIGHT LINE TO 2426718.550 434664.430

BY ARC CENTERED AT 2372937.210 424764.650

TO 2426443.020 436059.350

BY ARC CENTERED AT 2372724.710 425822.890

TO 2425824.030 438895.890

BY STRAIGHT LINE TO 2425299.740 441472.100

BY ARC CENTERED AT, 2371166.980 433720.610

TO 2424769.480 444547.000

BY STRAIGHT LINE TO 2424185.850 447436.620

BY STRAIGHT LINE TO 2424127.670 447874.140

BY ARC CENTERED AT 2369919.910 440666.050

TO 2423862.830 449643.980

BY ARC CENTERED AT-2369485.630 443850.710

TO 2423405.660 452964.920

BY STRAIGHT LINE TO 2422577.640 457863.520

BY ARC CENTERED AT 2368657.610 448749.310

TO 2422499.930 458312.070

BY STRAIGHT LINE TO 2422242.120 460576.560

BY ARC CENTERED AT 2367908.210 454390.750

TO 2422182.660 461078.510

BY ARC CENTERED AT 2367641.220 457119.550

TO 2422138.650 461644.150

BY STRAIGHT LINE TO 2422077.650 462326.940

NAD 27 Texas South Zone (feet)

Type Code x-coordinate y-eoordinate

BY ARC CENTERED AT 2367641.220 457119.550

TO 2421804.280 464656.200

BY STRAIGHT LINE TO 2421763.410 464949.880

BY ARC CENTERED AT 2367204.320 461242.220

TO 2421206.650 469855.550

BY STRAIGHT LINE TO 2421192.970 469999.840

BY STRAIGHT LINE TO 2421148.590 470607.900

BY ARC CENTERED AT 2366608.740 466627.610

TO 2421002.790 472260.180

BY STRAIGHT LINE TO 2420625.570 475903.050

BY STRAIGHT LINE TO 2420474.600 477959.400

BY STRAIGHT LINE TO 2420464.560 478299.760

BY ARC CENTERED AT 2365803.390 476688.020

TO 2420421.760 479385.270

BY STRAIGHT LINE TO 2420325.690 480908.060

BY STRAIGHT LINE TO 2420303.780 481206.590

BY ARC CENTERED AT 2365634.650 479892.280

TO 2420301.800 481286.650

BY STRAIGHT LINE TO 2419964.790 486628.350

BY STRAIGHT LINE TO 2419807.600 488421.100

BY STRAIGHT LINE TO 2419815.100 489050.630

BY ARC CENTERED AT 2365134.050 489702.030

TO 2419817.350 489279.390

BY STRAIGHT LINE TO 2419592.920 493821.700

BY STRAIGHT LINE TO 2419588.860 494734.230

BY STRAIGHT LINE TO 2419586.170 494766.260

BY STRAIGHT LINE TO 2419523.860 497706.230

BY STRAIGHT LINE TO 2419529.920 501346.460

BY STRAIGHT LINE TO 2419441.950 506501.720

BY STRAIGHT LINE TO 2419749.610 514044.990

BY STRAIGHT LINE TO 2419872.320 516348.740

BY STRAIGHT LINE TO 2419879.340 516771.410

BY STRAIGHT LINE TO 2419941.610 518160.240

NAD 27 Texas South Zone (feet)

Type Code x-coordinate y-eoordinate

BY ARC CENTERED AT 2365564.350 523952.890

TO 2420046.380 519246.550

BY STRAIGHT LINE TO 2420164.830 521008.880

BY ARC CENTERED AT 2365603.000 524676.000

TO 2420189.460 521395.780

BY ARC CENTERED AT 2365564.350 523952.890

TO 2420249.280 523965.170

BY STRAIGHT LINE TO 2420314.570 524835.970

BY ARC CENTERED AT 2366101.610 532005.080

TO 2420323.670 524905.110

BY STRAIGHT LINE TO 2420366.920 526247.710

BY STRAIGHT LINE TO 2421336.030 538405.930

BY ARC CENTERED AT 2366824.000 542751.000

TO 2421428.630 539788.670

BY STRAIGHT LINE TO 2421449.160 540167.060

BY STRAIGHT LINE TO 2421590.660 540985.590

BY ARC CENTERED AT 2367705.000 550301.000

TO 2421629.070 541210.570

BY ARC CENTERED AT 2367242.130 546911.620

TO 2421712.320 542070.190

BY STRAIGHT LINE TO 2421873.460 543188.510

BY ARC CENTERED AT 2367747.500 550987.350

TO 2422133.700 545279.250

BY STRAIGHT LINE TO 2422164.040 545456.340

BY ARC CENTERED AT 2368264.240 554689.590

TO 2422202.260 545682.270

BY STRAIGHT LINE TO 2422522.100 548828.020

BY STRAIGHT LINE TO 2422758.260 550124.120

BY ARC CENTERED AT 2368264.240 554689.590

TO 2422789.160 550509.280

BY STRAIGHT LINE TO 2422844.930 550845.260

BY ARC CENTERED AT 2368898.240 559800.470

TO 2422912.170 551260.190

NAD 27 Texas South Zone (feet)

Type Code x-eoordinate y-eoordinate

BY ARC CENTERED AT 2369352.490 562296.570

TO 2423047.950 551940.930

BY STRAIGHT LINE TO 2423261.620 553048.840

BY STRAIGHT LINE TO 2423600.420 555115.010

BY STRAIGHT LINE TO 2424692.350 560776.670

BY ARC CENTERED AT 2370786.300 569973.380

TO 2424763.300 561202.680

BY STRAIGHT LINE TO 2424936.150 562266.460

BY ARC CENTERED AT 2371804.880 575209.000

TO 2425189.960 563356.800

BY STRAIGHT LINE TO 2425603.330 565500.130

BY STRAIGHT LINE TO 2425719.410 566062.140

BY ARC CENTERED AT 2371804.880 575209.000

TO 2425970.990 567694.050

BY ARC CENTERED AT 2372891.700 580848.170

TO 2426476.550 569934.620

BY STRAIGHT LINE TO 2426759.750 571094.040

BY ARC CENTERED AT 2373636.620 584069.970

TO 2427001.620 572127.690

BY STRAIGHT LINE TO 2427068.030 572424.430

BY ARC CENTERED AT 2374312.620 586822.650

TO 2428075.200 576821.310

BY STRAIGHT LINE TO 2428113.770 577028.640

BY ARC CENTERED AT 2375731.900 592731.550

TO 2429540.890 582983.010

BY STRAIGHT LINE TO 2429922.920 584415.650

BY ARC CENTERED AT 2377084.350 598505.620

TO 2430569.690 587114.410

BY ARC CENTERED AT 2377692.260 601057.820

TO 2430741.360 587782.480

BY STRAIGHT LINE TO 2431599.780 590546.360

BY ARC CENTERED AT 2379375.720 606766.390

TO 2432118.430 592321.740

NAD 27 Texas South Zone (feet)

Type Code x-eoordinate y-eoordinate

BY STRAIGHT LINE TO 2482320.820 598060.740

BY ARC CENTERED AT 2379578.110 607505.390

TO 2432613.420 594175.070

BY ARC CENTERED AT 2380766.020 611561.520

TO 2433949.830 598836.580

BY STRAIGHT LINE TO 2434474.510 600505.210

BY ARC CENTERED AT 2382307.710 616908.460

TO 2434941.410 602071.520

BY STRAIGHT LINE TO 2435346.570 603508.820

BY ARC CENTERED AT 2384049.050 622456.270

TO 2436335.810 606439.530

BY STRAIGHT LINE TO 2436562.320 607178.960

BY ARC CENTERED AT 2385120.810 625731.940

TO 2436838.740 607964.060

BY STRAIGHT LINE TO 2437860.380 611265.290

BY STRAIGHT LINE TO 2440773.250 619882.130

BY STRAIGHT LINE TO 2443621.860 627687.240

BY STRAIGHT LINE TO 2446144.590 633614.600

BY STRAIGHT LINE TO 2449255.470 641224.720

BY STRAIGHT LINE TO 2451943.700 647349.180

BY ARC CENTERED AT 2403216.710 672170.980

TO 2453839.050 651487.170

BY STRAIGHT LINE TO 2454354.520 652748.750

BY ARC CENTERED AT 2404751.450 675769.980

TO 2455233.950 654747.150

BY STRAIGHT LINE TO 2456428.610 657615.910

BY STRAIGHT LINE TO 2457409.770 659715.620

BY STRAIGHT LINE TO 2457492.800 659881.530

BY STRAIGHT LINE TO 2457880.700 660588.980

BY ARC CENTERED AT 2409930.560 686880.150

TO 2459681.540 664180.340

BY ARC CENTERED AT 2410622.500 688339.230

TO 2460486.730 665889.290

NAD 27 Texas South Zone (feet)

Type Code x-coordinate y-coordinate

BY STRAIGHT LINE TO 2461860.990 668941.700

BY ARC CENTERED AT 2411996.760 691391.640

TO 2462119.470 669524.870

BY ARC CENTERED AT 2412857.140 698266.490

TO 2468355.690 672282.250

BY ARC CENTERED AT 2414870.770 697573.640

TO 2466048.730 678305.590

BY STRAIGHT LINE TO 2466166.030 678617.150

BY STRAIGHT LINE TO 2467162.470 680797.150

BY ARC CENTERED AT 2417426.790 703530.470

TO 2467494.230 681537.440

BY STRAIGHT LINE TO 2469260.580 685558.560

BY ARC CENTERED AT 2419193.140 707551.590

TO 2470435.270 688454.830

BY STRAIGHT LINE TO 2471688.830 691818.490

BY STRAIGHT LINE TO 2471885.230 692323.690

BY STRAIGHT LINE TO 2472205.200 692969.770

BY ARC CENTERED AT 2423200.660 717239.030

TO 2472310.610 693183.800

BY STRAIGHT LINE TO 2473617.860 695852.620

BY ARC CENTERED AT 2426284.340 723238.370

TO 2475216.930 698824.380

BY STRAIGHT LINE TO 2475401.770 699194.860

BY ARC CENTERED AT 2431965.410 732417.200

TO 2477193.450 701678.530

BY STRAIGHT LINE TO 2477226.150 701747.670

BY STRAIGHT LINE TO 2482144.440 710612.870

BY ARC CENTERED AT 2432146.070 732762.470

TO 2483702.310 714530.740

BY ARC CENTERED AT 2439420.060 746616.940

TO 2488071.690 721647.760

BY STRAIGHT LINE TO 2488180.360 721859.490

BY ARC CENTERED AT 2441291.670 750000.080

NAD 27 Texas South Zone (feet)

Type Code x-coordinate y-coordinate

TO 2489005.570 723282.570

BY ARC CENTERED AT 2443800.190 753325.220

TO 2491593.620 727670.080

BY STRAIGHT LINE TO 2491955.580 728217.450

BY ARC CENTERED AT 2446341.710 758380.620

TO 2494300.900 732105.970

BY STRAIGHT LINE TO 2495840.520 734483.860

BY ARC CENTERED AT 2449937.320 764204.860

TO 2496595.180 • 735683.190

BY ARC CENTERED AT 2452452.610 767961.280

TO 2498869.230 739048.680

BY ARC CENTERED AT 2455279.690 772069.780

TO 2500456.130 741255.320

BY STRAIGHT LINE TO 2500712.690 741564.640

BY ARC CENTERED AT 2458621.980 776476.150

TO 2504252.800 746338.630

BY STRAIGHT LINE TO 2505354.910 748007.320

BY ARC CENTERED AT 2459724.090 778144.840

TO 2505590.820 748367.590

BY STRAIGHT LINE TO 2505983.500 748889.880

BY STRAIGHT LINE TO 2511490.700 757056.430

BY STRAIGHT LINE TO 2515271.770 762239.850

BY ARC CENTERED AT 2471092.000 794467.000

TO 2522659.430 776266.950

BY ARC CENTERED AT 2469699.060 789891.960

TO 2523181.540 778487.310

BY STRAIGHT LINE TO 2524130.650 780076.610

BY ARC CENTERED AT 2477180.560 808114.640

TO 2524616.270 780906.270

BY STRAIGHT LINE TO 2525688.370 782775.400

BY STRAIGHT LINE TO 2526405.610 783873.390

BY STRAIGHT LINE TO 2526912.250 784575.150

BY ARC CENTERED AT 2485221.810 819963.690

NAD 27 Texas South Zone (feet)

Type Code x-eoordinate y-coordinate

TO 2529566.360 787963.660

BY STRAIGHT LINE TO 2530120.660 788731.790

BY ARC CENTERED AT 2485776.110 820731.820

TO 2530599.690 789406.300

BY STRAIGHT LINE TO 2532693.510 792048.080

BY ARC CENTERED AT 2489837.050 826015.210

TO 2533104.660 792573.390

NAD 27 Texas South Central Zone (feet)

Type Code x-coordinate y-coordinate

BEGINNING AT 2694807.370 7920.000

BY ARC CENTERED AT 2651368.410 41138.940

TO 2695028.050 8210.570

BY STRAIGHT LINE TO 2696328.030 9934.210

BY ARC CENTERED AT 2652668.390 42862.580

TO 2697132.900 11029.450

BY STRAIGHT LINE TO 2697605.010 11688.900

BY STRAIGHT LINE TO 2698950.860 13543.300

BY STRAIGHT LINE TO 2699068.710 13696.800

BY ARC CENTERED AT 2655692.950 46998.220

TO 2699266.660 13956.230

BY STRAIGHT LINE TO 2700474.150 15548.600

BY STRAIGHT LINE TO 2701138.660 16356.020

BY ARC CENTERED AT 2658914.680 51106.230

TO 2703459.340 19385.340

BY STRAIGHT LINE TO 2704242.140 20343.120

BY STRAIGHT LINE TO 2706136.980 22576.320

BY ARC CENTERED AT 2664439.240 57956.260

TO 2707160.620 23819.400

BY STRAIGHT LINE TO 2707981.110 24846.220

BY ARC CENTERED AT 2668397.030 62576.080

NAD 27 Texas South Central Zone (feet)

Type Code x-coordinate y-eoordinate

TO 2711386.470 28777.420

BY ARC CENTERED AT 2672807.810 67534.720

TO 2712913.170 30359.440

BY STRAIGHT LINE TO 2714851.590 32807.340

BY STRAIGHT LINE TO 2720375.410 38908.640

BY STRAIGHT LINE TO 2724706.490 43579.770

BY STRAIGHT LINE TO 2727377.400 46418.300

BY ARC CENTERED AT 2691713.000 87873.000

TO 2728696.140 47590.380

BY STRAIGHT LINE TO 2729240.290 48143.360

BY ARC CENTERED AT 2690262.500 86499.240

TO 2731180.770 50220.650

BY STRAIGHT LINE TO 2732208.340 51122.910

BY ARC CENTERED AT 2691713.000 87873.000

TO 2738517.040 52618.730

BY STRAIGHT LINE TO 2745286.590 64044.590

BY STRAIGHT LINE TO 2759114.410 76841.960

BY STRAIGHT LINE TO 2760917.070 78431.750

BY STRAIGHT LINE TO 2775278.440 90137.930

BY STRAIGHT LINE TO 2780827.390 94573.040

BY ARC CENTERED AT 2746685.000 137290.000

TO 2782550.130 96008.850

BY STRAIGHT LINE TO 2783851.500 97139.490

BY STRAIGHT LINE TO 2791481.830 102793.450

BY STRAIGHT LINE TO 2800074.060 109136.540

BY STRAIGHT LINE TO 2807481.710 114229.980

BY STRAIGHT LINE TO 2814202.430 118282.770

BY ARC CENTERED AT 2785963.000 165112.000

TO 2815384.430 119016.220

BY STRAIGHT LINE TO 2824561.520 124873.660

BY STRAIGHT LINE TO 283Í319.290 128676.100

BY STRAIGHT LINE TO 2836670.030 131276.120

BY STRAIGHT LINE TO 2839196.630 132253.910

NAD 27 Texas South Central Zone (feet)

Type Code x-eoordinate y-coordinate

BY ARC CENTERED AT 2819460.000 188253.000

TO 2840052.770 132593.560

BY STRAIGHT LINE TO 2843903.410 134158.820

BY STRAIGHT LINE TO 2844183.740 134312.590

BY STRAIGHT LINE TO 2844955.770 134703.330

BY STRAIGHT LINE TO 2845872.960 135155.240

BY ARC CENTERED AT 2825497.270 185902.390

TO 2849289.540 136664.510

BY STRAIGHT LINE TO 2851199.390 137587.370

BY ARC CENTERED AT 2827407.120 186825.250

TO 2856405.590 140462.220

BY STRAIGHT LINE TO 2858663.940 141874.740

BY ARC CENTERED AT 2829665.470 188237.770

TO 2863238.310 145071.740

BY STRAIGHT LINE TO 2864474.860 146033.480

BY ARC CENTERED AT 2830902.020 189199.510

TO 2869325.100 150287.970

BY STRAIGHT LINE TO 2871170.070 152109.780

BY ARC CENTERED AT 2832746.990 191021.320

TO 2873748.790 154837.150

BY STRAIGHT LINE TO 2874832.670 156065.340

BY ARC CENTERED AT 2833830.870 192249.510

TO 2876665.940 158255.420

BY ARC CENTERED AT 2835315.130 194040.220

TO 2884219.480 169569.700

BY STRAIGHT LINE TO 2885787.250 172702.890

BY ARC CENTERED AT 2836882.900 197173.410

TO 2887801.040 177228.870

BY ARC CENTERED AT 2861037.520 224916.980

TO 2892534.140 180213.460

BY ARC CENTERED AT 2843740.000 204903.000

TO 2893217.860 181613.880

BY STRAIGHT LINE TO 2899305.200 186971.240

NAD 27 Texas South Central Zone (feet)

Type Code x-eoordinate y-coordinate

BY STRAIGHT LINE TO 2899402.030 187052.190

BY STRAIGHT LINE TO 2902597.410 189375.210

BY ARC CENTERED AT 2861037.520 224916.980

TO 2903033.110 189891.110

BY STRAIGHT LINE TO 2904106.160 190615.100

BY ARC CENTERED AT 2873520.570 235946.800

TO 2905080.870 191288.220

BY STRAIGHT LINE TO 2906715.280 192443.260

BY STRAIGHT LINE TO 2907638.010 193039.690

BY STRAIGHT LINE TO 2908291.270 193514.600

BY STRAIGHT LINE TO 2909528.920 194309.070

BY STRAIGHT LINE TO 2913234.320 196854.940

BY ARC CENTERED AT 2882266.880 241926.650

TO 2913575.440 197091.220

BY STRAIGHT LINE TO 2916494.860 199129.850

BY ARC CENTERED AT 2885186.300 243965.280

TO 2917722.370 200012.520

BY STRAIGHT LINE TO 2921608.890 202889.520

BY ARC CENTERED AT 2889072.820 246842.280

TO 2922355.840 203452.390

BY STRAIGHT LINE TO 2924874.060 204954.900

BY STRAIGHT LINE TO 2925427.680 205261.000

BY ARC CENTERED AT 2898967.370 253118.010

TO 2926410.500 205817.730

BY STRAIGHT LINE TO 2929730.690 207744.070

BY ARC CENTERED AT 2902287.560 255044.350

TO 2929788.430 207777.620

BY STRAIGHT LINE TO 2933284.200 209811.540

BY STRAIGHT LINE TO 2935512.090 211057.520

BY STRAIGHT LINE TO 2938136.100 212469.450

BY ARC CENTERED AT 2912224.160 260625.580

TO 2940025.910 213535.190

BY STRAIGHT LINE TO 2941803.060 214584.410

NAD 27 Texas South Central Zone (feet)

Type Code x-eoordinate y-coordinate

BY STRAIGHT LINE TO 2945705.860 216708.220

BY ARC CENTERED AT 2919567.150 264741.640

TO 2945971.370 216858.660

BY STRAIGHT LINE TO 2950356.990 219271.780

BY ARC CENTERED AT 2923952.770 267159.760

TO 2952750.810 220671.970

BY STRAIGHT LINE TO 2952941.730 220766.740

BY ARC CENTERED AT 2928628.000 269749.230

TO 2954636.540 221645.200

BY STRAIGHT LINE TO 2955570.580 222150.210

BY ARC CENTERED AT 2929562.040 270254.240

TO 2956349.210 222579.420

BY STRAIGHT LINE TO 2958574.420 223829.710

BY ARC CENTERED AT 2934873.920 273111.830

TO 2960692.460 224905.560

BY STRAIGHT LINE TO 2963431.970 226372.800

BY STRAIGHT LINE TO 2965204.970 227236.970

BY ARC CENTERED AT 2941245.650 276393.790

TO 2967432.070 228386.360

BY ARC CENTERED AT 2945032.090 278273.060

TO 2971422.390 230377.410

BY STRAIGHT LINE TO 2972631.480 231043.620

BY STRAIGHT LINE TO 2973791.840 231637.530

BY STRAIGHT LINE TO 2974855.500 232126.290

BY STRAIGHT LINE TO 2975886.050 232563.650

BY ARC CENTERED AT 2954522.400 282902.860

TO 2979713.960 234366.000

BY STRAIGHT LINE TO 2981251.110 235163.810

BY ARC CENTERED AT 2962694.900 286604.150

TO 2983148.800 235888.480

BY STRAIGHT LINE TO 2985123.210 236684.770

BY ARC CENTERED AT 2964669.310 287400.440

TO 2987350.630 237641.030

NAD 27 Texas South Central Zone (feet)

Type Code x-eoordinate y-coordinate

BY STRAIGHT LINE TO 2989974.540 238837.060

BY ARC CENTERED AT 2967293.220 288596.470

TO 2991504.860 239563.440

BY STRAIGHT LINE TO 2992692.050 240149.650

BY STRAIGHT LINE TO 2994157.460 240845.210

BY ARC CENTERED AT 2970708.630 290247.580

TO 2996836.490 242208.260

BY ARC CENTERED AT' 2975121.040 292396.710

TO 2998927.060 243165.470

BY STRAIGHT LINE TO 3001943.270 244623.970

BY STRAIGHT LINE TO 3005992.320 246501.780

BY STRAIGHT LINE TO 3006383.000 246669.180

BY ARC CENTERED AT 2984845.740 296934.360

TO 3010364.330 248568.640

BY STRAIGHT LINE TO 3012157.230 249514.600

BY STRAIGHT LINE TO 3012669.720 249751.240

BY STRAIGHT LINE TO 3015766.180 251135.710

BY ARC CENTERED AT 2993445.230 301057.820

TO 3018223.300 252308.580

BY STRAIGHT LINE TO 3020665.560 253549.920

BY STRAIGHT LINE TO 3023218.950 254739.210

BY ARC CENTERED AT - 3000130.070 304310.830

TO 3025066.900 255642.610

BY STRAIGHT LINE TO 3027348.820 256811.830

BY ARC CENTERED AT 3002411.990 305480.050

TO 3028551.970 257447.320

BY STRAIGHT LINE TO 3032126.990 259392.890

BY STRAIGHT LINE TO 3034886.150 260872.740

BY ARC CENTERED AT 3011486.350 310298.350

TO 3036787.320 261818.430

BY STRAIGHT LINE TO 3040213.090 263606.290

BY ARC CENTERED AT 3014912.120 312086.210

TO 3042854.470 265079.120

NAD 27 Texas South Central Zone (feet)

Type Code x-eoordinate y-coordinate

BY STRAIGHT LINE TO 3043391.400 265398.290

BY STRAIGHT LINE TO 3044340.600 265915.800

BY STRAIGHT LINE TO 3045260.030 266396.740

BY ARC CENTERED AT 3019913.320 314852.760

TO 3050465.910 269498.810

BY STRAIGHT LINE TO 3050938.340 269775.110

BY ARC CENTERED AT 3023330.840 316979.640

TO 3052959.320 271016.670

BY STRAIGHT LINE TO 3053570.440 271410.610

BY STRAIGHT LINE TO 3054073.930 271681.910

BY ARC CENTERED AT 3028133.560 319822.730

TO 3055171.330 272289.580

BY STRAIGHT LINE TO 3056933.050 273291.680

BY ARC CENTERED AT 3029895.280 320824.830

TO 3057177.250 273431.420

BY STRAIGHT LINE TO 3059433.260 274730.090

BY ARC CENTERED AT 3032151.290 322123.500

TO 3062556.130 276670.370

BY STRAIGHT LINE TO 3062977.270 276952.080

BY ARC CENTERED AT 3036185.280 324624.200

TO 3064898.830 278084.180

BY STRAIGHT LINE TO 3067021.350 279393.700

BY ARC CENTERED AT 3038307.800 325933.720

TO 3069004.830 280677.400

BY STRAIGHT LINE TO 3069637.340 281067.730

BY ARC CENTERED AT 3043468.560 329084.770

TO 3073035.950 283082.470

BY STRAIGHT LINE TO 3074010.760 283709.020

BY STRAIGHT LINE TO 3075822.560 284817.110

BY ARC CENTERED AT 3047290.570 331468.660

TO 3078656.890 286673.620

BY STRAIGHT LINE TO 3079619.950 287347.970

BY ARC CENTERED AT 3049567.270 333034.710

NAD 27 Texas South Central Zone (feet)

Type Code x-coordinate y-eoordinate

TO 3079702.580 287402.430

BY STRAIGHT LINE TO 3082003.660 288922.050

BY ARC CENTERED AT 3054525.300 336201.870

TO 3085421.450 291081.260

BY STRAIGHT LINE TO 3088773.840 293376.800

BY STRAIGHT LINE TO 3090741.410 294610.440

BY ARC CENTERED AT 3061692.160 340941.670

TO 3092340.220 295652.180

BY STRAIGHT LINE TO 3094116.700 296854.350

BY ARC CENTERED AT 3063468.640 342143.840

TO 3095040.470 297493.410

BY STRAIGHT LINE TO 3095430.140 297768.940

BY STRAIGHT LINE TO 3096912.310 298585.120

BY ARC CENTERED AT 3070534.190 346487.480

TO 3098138.840 299281.290

BY STRAIGHT LINE TO 3100464.140 300641.050

BY ARC CENTERED AT 3072859.490 347847.240

TO 3101787.990 301440.520

BY ARC CENTERED AT 3076027.690 349677.940

TO 3104438.060 302952.230

BY STRAIGHT LINE TO 3106979.340 304497.390

BY ARC CENTERED AT 3078568.970 351223.100

TO 3108249.870 305293.960

BY STRAIGHT LINE TO 3109812.630 306303.870

BY STRAIGHT LINE TO 3110194.100 306530.950

BY ARC CENTERED AT 3085475.680 355310.470

TO 3112099.850 307544.430

BY STRAIGHT LINE TO 3113786.380 308484.480

BY ARC CENTERED AT 3087162.210 356250.520

TO 3116712.170 310237.030

BY STRAIGHT LINE TO 3117589.020 310800.150

BY STRAIGHT LINE TO 3118082.780 311090.820

BY ARC CENTERED AT 3090340.260 358216.120

NAD 27 Texas South Central Zone (feet)

Type Code x-eoordinate y-coordinate

TO 3118621.310 311412.020

BY STRAIGHT LINE TO 3121372.570 313074.450

BY ARC CENTERED AT 3093091.520 359878.550

TO 3123784.330 314619.370

BY STRAIGHT LINE TO 3125238.200 315605.320

BY ARC CENTERED AT 3096351.420 362038.020

TO 3127470.950 317071,180

BY ARC CENTERED AT 3098829.320 363655.500

TO 3128388.830 317648.140

BY STRAIGHT LINE TO 3130157.030 318784.200

BY ARC CENTERED AT 3100597.520 364791.560

TO 3133615.320 321199.510

BY STRAIGHT LINE TO 3134125.290 321585.770

BY STRAIGHT LINE TO 3134198.270 321637.080

BY STRAIGHT LINE TO 3135152.370 322234.400

BY ARC CENTERED AT 3106134.000 368584.970

TO 3136413.270 323048.090

BY ARC CENTERED AT 3112530.430 372242.110

TO 3143150.490 326933.680

BY STRAIGHT LINE TO 3147344.680 329768.170

BY STRAIGHT LINE TO 3151130.960 332331.990

BY ARC CENTERED AT 3120469.880 377612.660

TO 3151869.500 332840.960

BY STRAIGHT LINE TO 3154262.980 334519.580

BY STRAIGHT LINE TO 3154408.100 334609.950

BY ARC CENTERED AT 3125499.620 381029.140

TO 3156953.120 336295.270

BY STRAIGHT LINE TO 3157670.040 336799.350

BY STRAIGHT LINE TO 3159482.250 337125.970

BY ARC CENTERED AT 3149782.580 390943.790

TO 3160057.260 337232.780

BY STRAIGHT LINE TO 3168664.390 342866.180

BY ARC CENTERED AT 3138717.000 388622.000

NAD 27 Texas South Central Zone (feet)

Type Code x-coordinate y-eoordinate

TO 3172530.430 345644.170

BY STRAIGHT LINE TO 3177771.360 349048.780

BY ARC CENTERED AT 3147981.000 394907.000

TO 3178426.110 349480.830

BY STRAIGHT LINE TO 3184351.110 353451.830

BY ARC CENTERED AT 3153906.000 398878.000

TO 3185298.270 354101.140

BY STRAIGHT LINE TO 3196291.270 .361808.140

BY ARC CENTERED AT 3164899.000 406585.000

TO 3197099.170 362385.560

BY STRAIGHT LINE TO 3203248.120 366865.190

BY STRAIGHT LINE TO 3203445.000 366995.000

BY STRAIGHT LINE TO 3205263.990 368189.780

BY ARC CENTERED AT 3182950.000 418115.000

TO 3213258.850 372597.800

BY STRAIGHT LINE TO 3214102.850 373159.800

BY ARC CENTERED AT 3183794.000 418677.000

TO 3230735.560 390624.700

BY STRAIGHT LINE TO 3234005.440 393622.130

BY ARC CENTERED AT 3191421.540 427930.340

TO 3235623.940 395734.230

BY STRAIGHT LINE TO 3235703.680 395823.380

BY STRAIGHT LINE TO 3236968.730 397155.570

BY STRAIGHT LINE TO 3237336.470 397529.310

BY STRAIGHT LINE TO 3237447.590 397632.950

BY ARC CENTERED AT 3203126.420 440206.400

TO 3239992.950 399817.040

BY STRAIGHT LINE TO 3243250.850 402790.780

BY ARC CENTERED AT 3206384.320 443180.140

TO 3243687.070 403193.310

BY STRAIGHT LINE TO 3244158.230 403632.840

BY ARC CENTERED AT 3209175.210 445664.140

TO 3244505.920 403924.680

NAD 27 Texas South Central Zone (feet)

Type Code x-eoordinate y-coordinate

BY STRAIGHT LINE TO 8247383.500 406360.430

BY STRAIGHT LINE TO 3248550.260 407332.580

BY STRAIGHT LINE TO 3250566.680 409015.370

BY ARC CENTERED AT 3215528.190 451000.440

TO 3251544.470 409851.090

BY STRAIGHT LINE TO 3252539.180 410721.710

BY STRAIGHT LINE TO 3253180.840 411216.120

BY ARC CENTERED AT 3219804.150 454534.000

TO 3256039.510 413577.440

BY STRAIGHT LINE TO 3256601.470 414074.630

BY STRAIGHT LINE TO 3258779.810 415787.870

BY ARC CENTERED AT 3224973.600 458771.370

TO 3260398.810 417112.080

BY STRAIGHT LINE TO 3261666.450 418190.020

BY STRAIGHT LINE TO 3263134.150 419399.800

BY ARC CENTERED AT 3228352.030 461597.500

TO 3265357.350 421335.260

BY STRAIGHT LINE TO 3265683.050 421566.250

BY STRAIGHT LINE TO 3267865.630 422928.010

BY ARC CENTERED AT 3238918.550 469323.140

TO 3284820.550 439600.280

BY STRAIGHT LINE TO 3285244.500 440255.000

BY ARC CENTERED AT 3239342.500 469977.860

TO 3288053.370 445124.430

BY STRAIGHT LINE TO 3288295.590 445337.940

BY STRAIGHT LINE TO 3290052.170 446826.760

BY STRAIGHT LINE TO 3293012.610 449248.210

BY ARC CENTERED AT 3258390.270 491577.100

TO 3293509.770 449659.770

BY STRAIGHT LINE TO 3295639.350 451443.990

BY STRAIGHT LINE TO 3299972.020 454715.540

BY ARC CENTERED AT 3267019.120 498356.660

TO 3300771.900 455331.180

NAD 27 Texas South Central Zone (feet)

Type Code x-coordinate y-coordinate

BY STRAIGHT LINE TO 3304170.660 457997.450

BY STRAIGHT LINE TO 3306387.000 459641.100

BY STRAIGHT LINE TO 3315159.420 466351.910

BY STRAIGHT LINE TO 3320930.060 470563.630

BY STRAIGHT LINE TO 3328194.780 475602.400

BY STRAIGHT LINE TO 3332182.650 478117.310

BY ARC CENTERED AT 3300182.310 522461.640

TO 3337137.810 482153.660

BY ARC CENTERED AT 3304106.530 525735.500

TO 3338662.180 483352.150

BY ARC CENTERED AT 3306777.090 527779.420

TO 3339969.760 484320.380

BY STRAIGHT LINE TO 3341183.900 485247.700

BY STRAIGHT LINE TO 3342310.160 485999.640

BY ARC CENTERED AT 3311945.740 531479.790

TO 3344961.070 487885.870

BY STRAIGHT LINE TO 3345445.170 488252.500

BY ARC CENTERED AT 3315104.830 533748.710

TO 3346381.780 488891.230

BY STRAIGHT LINE TO 3348601.610 490439.010

BY ARC CENTERED AT 3317324.660 535296.490

TO 3348789.000 490570.250

BY STRAIGHT LINE TO 3352514.640 493191.190

BY ARC CENTERED AT 3321050.300 537917.430

TO 3353540.970 493931.100

BY STRAIGHT LINE TO 3356490.310 496109.640

BY STRAIGHT LINE TO 3358425.620 497510.560

BY STRAIGHT LINE TO 3358658.460 497656.240

BY STRAIGHT LINE TO 3359006.390 497860.940

BY ARC CENTERED AT 3331276.600 544993.740

TO 3363039.620 500479.110

BY STRAIGHT LINE TO 3364052.810 501202.060

BY STRAIGHT LINE TO 3365123.820 501931.140

NAD 27 Texas South Central Zone (feet)

Type Code x-eoordinate y-coordinate

BY ARC CENTERED AT 3334351.130 547136.040

TO 3367637.520 503748.740

BY ARC CENTERED AT 3337714.340 549520.400

TO 3368482.930 504312.710

BY STRAIGHT LINE TO 3369268.290 504847.230

BY ARC CENTERED AT 3338499.700 550054.920

TO 3369800.950 505214.390

BY STRAIGHT LINE TO 3372559.410 507272.000

BY ARC CENTERED AT 3338499.700 550054.920

TO 3373614.500 508133.660

BY STRAIGHT LINE TO 3376365.190 510437.740

BY ARC CENTERED AT 3341250.390 552359.000

TO 3377774.640 511659.850

BY STRAIGHT LINE TO 3380903.730 514467.960

BY ARC CENTERED AT 3344379.480 555167.110

TO 3384860.870 518401.660

BY STRAIGHT LINE TO 3385537.490 519146.670

BY STRAIGHT LINE TO 3386633.810 520042.560

BY STRAIGHT LINE TO 3388591.970 521628.810

BY ARC CENTERED AT 3347926.000 558190.000

TO 3393315.840 527690.750

BY STRAIGHT LINE TO 3394122.840 528891.750

BY ARC CENTERED AT 3348733.000 559391.000

TO 3399047.490 537969.190

BY STRAIGHT LINE TO 3399847.490 539848.190

BY ARC CENTERED AT 3349533.000 561270.000

TO 3401544.000 544379.250

BY STRAIGHT LINE TO 3402301.000 546710.250

BY ARC CENTERED AT 3350290.000 563601.000

TO 3404498.140 556395.490

BY STRAIGHT LINE TO 3404679.220 557757.790

BY STRAIGHT LINE TO 3405302.700 558362.900

BY STRAIGHT LINE TO 3407136.430 559951.320

NAD 27 Texas South Central Zone (feet)

Type Code x-eoordinate y-coordinate

BY STRAIGHT LINE TO 3409813.420 561569.860

BY STRAIGHT LINE TO 3413751.663 564517.350

BY STRAIGHT LINE TO 3416817.303 566362.990

BY ARC CENTERED AT 3362234.900 569710.060

TO 3416828.504 566550.958

BY STRAIGHT LINE TO 3418699.836 567713.079

BY STRAIGHT LINE TO 3421382.821 569170.219

BY ARC CENTERED AT 3395283.920 617225.280

TO 3423152.926 570174.668

BY STRAIGHT LINE TO 3425613.944 571632.378

BY STRAIGHT LINE TO 3428804.780 573341.880

BY STRAIGHT LINE TO 3432075.460 575071.310

BY STRAIGHT LINE TO 3437335.520 577761.390

BY ARC CENTERED AT 3412435.990 626448.710

TO 3437610.350 577902.930

BY STRAIGHT LINE TO 3439337.100 578798.370

BY ARC CENTERED AT 3414162.740 627344.150

TO 3440728.600 579545.650

BY STRAIGHT LINE TO 3443235.460 580938.940

BY STRAIGHT LINE TO 3445418.780 582040.680

BY STRAIGHT LINE TO 3447864.630 583212.770

BY STRAIGHT LINE TO 3450072.100 584201.860

BY ARC CENTERED AT 3427711.710 634106.320

TO 3453214.910 585732.480

BY STRAIGHT LINE TO 3454433.220 586374.790

BY STRAIGHT LINE TO 3455501.290 586908.130

BY ARC CENTERED AT 3431070.770 635832.470

TO 3458042.990 588262.090

BY STRAIGHT LINE TO 3458389.230 588458.400

BY ARC CENTERED AT 3435900.240 638305.040

TO 3461841.100 590164.480

BY STRAIGHT LINE TO 3462462.880 590465.590

BY ARC CENTERED AT 3438628.430 639683.070

NAD 27 Texas South Central Zone (feet)

Type Code x-coordinate y-coordinate

TO 3463035.280 590746.920

BY ARC CENTERED AT 3441833.750 641154.620

TO 3465438.840 591826.720

BY STRAIGHT LINE TO 3468650.230 593363.480

BY ARC CENTERED AT 3445045.140 642691.380

TO 3469131.740 593596.800

BY STRAIGHT LINE TO 3471228.450 594625.480

BY ARC CENTERED AT 3447141.850 643720.060

TO 3471362.930 594691.690

BY STRAIGHT LINE TO 3474132.030 596059.680

BY STRAIGHT LINE TO 3475825.280 596817.210

BY ARC CENTERED AT 3453493.380 646734.420

TO 3476645.540 597192.330

BY ARC CENTERED AT 3456899.830 648187.900

TO 3482481.740 599855.640

BY STRAIGHT LINE TO 3484420.060 600717.360

BY ARC CENTERED AT 3462205.110 650686.730

TO 3484641.120 600816.230

BY STRAIGHT LINE TO 3486522.310 601662.550

BY ARC CENTERED AT 3464086.300 651533.050

TO 3487016.090 601887.640

BY STRAIGHT LINE TO 3491235.290 603836.370

BY STRAIGHT LINE TO 3496213.220 606059.140

BY ARC CENTERED AT 3473916.830 655992.220

TO 3497951.440 606872.170

BY STRAIGHT LINE TO 3498685.120 607231.160

BY STRAIGHT LINE TO 3503806.050 609655.650

BY STRAIGHT LINE TO 3508779.890 611990.260

BY ARC CENTERED AT 3485544.270 661493.260

TO 3511159.360 613178.580

BY STRAIGHT LINE TO 3511659.620 613443.800

BY STRAIGHT LINE TO 3512941.260 614091.050

BY STRAIGHT LINE TO 3515304.430 615170.310

NAD 27 Texas South Central Zone (feet)

Type Code x-coordinate y-coordinate

BY ARC CENTERED AT 8492586.860 664913.190

TO 3516475.520 615722.000

BY STRAIGHT LINE TO 3518706.360 616805.360

BY ARC CENTERED AT 3494817.700 665996.550

TO 3520121.670 617518.200

BY STRAIGHT LINE TO 3521945.880 618470.370

BY STRAIGHT LINE TO 3526935.900 620807.280

BY ARC CENTERED AT 3503743.370 670330.490

TO 3528200.310 621419.350

BY STRAIGHT LINE TO 3530772.900 622705.720

BY STRAIGHT LINE TO 3533312.180 623738.220

BY ARC CENTERED AT 3512714.270 674395.570

TO 3536696.410 625249.880

BY STRAIGHT LINE TO 3539974.040 626849.300

BY ARC CENTERED AT 3515991.900 675994.990

TO 3540926.870 627325.810

BY STRAIGHT LINE TO 3544631.920 629224.040

BY ARC CENTERED AT 3519696.950 677893.220

TO 3545186.710 629512.300

BY STRAIGHT LINE TO 3548475.960 631245.260

BY ARC CENTERED AT 3522986.200 679626.180

TO 3550505.660 632370.270

BY STRAIGHT LINE TO 3550910.210 632605.860

BY STRAIGHT LINE TO 3552928.580 633669.390

BY STRAIGHT LINE TO 3556148.900 635089.470

BY ARC CENTERED AT 3534084.260 685125.390

TO 3558249.890 636069.670

BY STRAIGHT LINE TO 3560691.670 637272.530

BY ARC CENTERED AT 3536526.040 686328.250

TO 3562430.730 638168.220

BY STRAIGHT LINE TO 3565992.450 640084.020

BY STRAIGHT LINE TO 3566333.520 640255.940

NAD 27 Texas South Central Zone (feet)

Type Code x-coordinate y-eoordinate

BY STRAIGHT LINE TO 3567170.390 640628.420

BY STRAIGHT LINE TO 3568719.440 641309.230

BY ARC CENTERED AT 3546716.500 691372.310

TO 3571167.010 642457.960

BY STRAIGHT LINE TO 3574070.960 643909.540

BY STRAIGHT LINE TO 3576192.050 644899.490

BY STRAIGHT LINE TO 3578268.450 645805.500

BY ARC CENTERED AT 3556398.640 695926.880

TO 3578815.310 646047.680

BY STRAIGHT LINE TO 3579057.520 646156.530

BY STRAIGHT LINE TO 3579114.000 646175.640

BY ARC CENTERED AT 3561590.160 697976.770

TO 3585716.140 648901.530

BY STRAIGHT LINE TO 3586220.680 649095.240

BY ARC CENTERED AT 3566620.680 700146.990

TO 3587589.120 649641.880

BY ARC CENTERED AT 3570958.340 701736.590

TO 3588990.640 650110.260

BY STRAIGHT LINE TO 3590333.400 650579.270

BY ARC CENTERED AT 3579572.410 704194.960

TO 3593415.640 651291.210

BY STRAIGHT LINE TO 3593591.250 651337.160

BY STRAIGHT LINE TO 3594647.370 651526.190

BY STRAIGHT LINE TO 3595223.860 651628.040

BY ARC CENTERED AT 3599949.780 706108.380

TO 3601283.300 651439.710

BY STRAIGHT LINE TO 3602145.680 651460.750

BY ARC CENTERED AT 3603850.670 706119.090

TO 3604799.560 651442.390

BY ARC CENTERED AT 3608144.610 706024.920

TO 3605182.710 651420.260

BY STRAIGHT LINE TO 3606653.510 651340.480

NAD 27 Texas South Central Zone (feet)

Type Code x-coordinate y-co ordinate

BY ARC CENTERED AT 3609615.410 705945.140

TO 3607866.960 651288.170

BY STRAIGHT LINE TO 3609190.540 651245.830

BY ARC CENTERED AT 3613363.750 705771.290

TO 3611677.920 651112.350

BY ARC CENTERED AT 3623588.450 704484.450

TO 3621803.630 649828.650

BY STRAIGHT LINE TO 3622808.970 649795.820

BY ARC CENTERED AT 3624593.790 704451.620

TO 3622868.200 649793.920

BY STRAIGHT LINE TO 3623427.560 649776.260

BY STRAIGHT LINE' TO 3628660.560 649850.580

BY ARC CENTERED AT 3627884.000 704530.000

TO 3632507.720 650040.890

BY STRAIGHT LINE TO 3634970.720 650249.890

BY ARC CENTERED AT 3630347.000 704739.000

TO 3651367.500 654255.540

BY STRAIGHT LINE TO 3653430.500 655114.540

BY ARC CENTERED AT 3632410.000 705598.000

TO 3654596.266 655615.891

4. Plane coordinates refer to the Texas Coordinate Systems, South Zone or South Central Zone, as indicated. All coordinates are referenced to the North American Datum of 1927.

5. The Court retains jurisdiction to entertain such further proceedings, to enter such orders, and to issue such writs as may from time to time be deemed necessary or advisable to give proper force and effect to this decree, or to effectuate the rights of the parties.

[United States-Texas Boundary map follows this page.]


author: Justice O’Connor Justice Kennedy,

text:
    MARQUEZ v. SCREEN ACTORS GUILD, INC., et al.
    No. 97-1056.
    Argued October 5, 1998
    Decided November 3, 1998

      Raymond J. LaJeunesse, Jr., argued the cause and filed briefs for petitioner.

      Leo Geffner argued the eause for respondents. With him on the briefs were Ira L. Gottlieb, Jonathan P. Hiatt, James B. Coppess, and Laurence Gold.

   Justice O’Connor

delivered the opinion of the Court.

Section 8(a)(3) of the National Labor Relations Act (NLRA), 49 Stat. 452, as added, 61 Stat. 140, 29 U. S. C. § 158(a)(3), permits unions and employers to negotiate an agreement that requires union “membership” as a condition of employment for all employees. We have interpreted a proviso to this language to mean that the only “membership” that a union can require is the payment of fees and dues, NLRB v. General Motors Corp., 373 U. S. 734, 742 (1963), and we have held that § 8(a)(3) allows unions to collect and expend funds over the objection of nonmembers only to the extent they are used for collective bargaining, contract administration, and grievance adjustment activities, Communications Workers v. Beck, 487 U. S. 735, 745, 762-763 (1988). In this ease, we must determine whether a union breaches its duty of fair representation when it negotiates a union security clause that tracks the language of § 8(a)(3) without explaining, in the agreement, this Court’s interpretation of that language. We conclude that it does not.

We are also asked to review the Court of Appeals’ decision that the District Court did not have jurisdiction to decide a claim that a union breached the duty of fair representation by negotiating a clause that was inconsistent with the statute. We conclude that because this challenge to the union security clause was based purely on an alleged inconsistency with the statute, the Court of Appeals correctly held that this claim was within the primary jurisdiction of the National Labor Relations Board (NLRB or Board).

3>

The language of § 8(a)(3) is at the heart of this case. In pertinent part, it provides as follows:

“It shall be an unfair labor practice for an employer—
“(3) by discrimination in regard to hire or tenure of employment... to encourage or discourage membership in any labor organization: Provided, That nothing in this subchapter, or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization ... to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later .... Provided further, That no employer shall justify any discrimination against an employee for non-membership in a labor organization ... if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership.” 29 U. S. C. § 158(a)(3).

This section is the statutory authorization for "union security clauses,” clauses that require employees to become "memberfs]” of a union as a condition of employment. See Communications Workers v. Beck, supra, at 744-745.

The conclusion that § 8(a)(3) permits union security clauses is not the end of the story. This Court has had several occasions to interpret § 8(a)(3), and two of our conclusions about the language of that subsection bear directly on this case. First, in NLRB v. General Motors Corp., supra, at 742-743 (citing Radio Officers v. NLRB, 347 U. S. 17, 41 (1954)), we held that although § 8(a)(3) states that unions may negotiate a clause requiring "membership” in the union, an employee can satisfy the membership condition merely by paying to the union an amount equal to the union’s initiation fees and dues. See also Pattern Makers v. NLRB, 473 U. S. 95, 106, n. 16, 108 (1985). In other words, the membership that may be required "as a condition of employment is whittled down to its financial core.” NLRB v. General Motors Corp., supra, at 742. Second, in Communications Workers v. Beck, supra, we considered whether the employee’s “financial core” obligation included a duty to pay for support of union activities beyond those activities undertaken by the union as the exclusive bargaining representative. We held that the language of § 8(a)(3) does not permit unions to exact dpes or fees from employees for activities that are not germane to collective bargaining, grievance adjustment, or contract administration. Id., at 745, 762-763. As a result of these two conclusions, § 8(a)(3) permits unions and employers to require only that employees pay the fees and dues necessary to support the union’s activities as the employees’ exclusive bargaining representative.

B

Respondent Screen Actors Guild (SAG or union) is a labor organization that represents performers in the entertainment industry. In 1994, respondent Lakeside Productions (Lakeside) signed a collective bargaining agreement with SAG, making SAG the exclusive bargaining agent for the performers that Lakeside hired for its productions. This agreement contained a standard union security clause, providing that any performer who worked under the agreement must be “a member of the Union in good standing.” App. 28. Tracking the language of § 8(a)(3), the clause also provided:

"The foregoing [section], requiring as a condition of employment membership in the Union, shall not apply until on or after the thirtieth day following the beginning of such employment or the effective date of this Agreement, whichever is the later; the Union and the Producers interpret this sentence to mean that membership in the Union cannot be required of any performer by a Producer as a condition of employment until thirty (30) days after his first employment as a performer in the motion picture industry .... The Producer shall not be held to have violated this paragraph if it employs a performer who is not a member of the Union in good standing... if the Producer has reasonable grounds for believing that membership in the Union was denied to such performer or such performer’s membership in the Union was terminated for reasons other than the failure of the performer to tender the periodic dues and the initiation fee uniformly required as a condition of acquiring or retaining membership in the Union . . . Id., at 28-29.

The present dispute arose when petitioner, a part-time actress, successfully auditioned for a one-line role in an episode of the television series, Medicine Ball, which was produced by Lakeside. Petitioner accepted the part, and pursuant to the collective bargaining agreement, Lakeside’s casting director called SAG to verify that petitioner met the requirements of the union security clause. Because petitioner had previously worked in the motion picture industry for more than 30 days, the union security clause was triggered and petitioner was required to pay the union fees before she could begin working for Lakeside. There is some dispute whether the SAG representative told Lakeside’s casting director that petitioner had to “join” or had to “pay” the union; regardless, petitioner understood from the casting director that she had to pay SAG before she could work for Lakeside. Petitioner called SAG’s local office and learned that the fees that she would have to pay to join the union would be around $500.

Over the next few days, petitioner attempted to negotiate an agreement with SAG that would allow her to pay the union fees after she was paid for her work by Lakeside. When these negotiations failed to produce an acceptable compromise and petitioner had not paid the required fees by the day before her part was to be filmed, Lakeside hired a different actress to fill the part. At some point after Lakeside hired the new actress, SAG faxed a letter to Lakeside stating that it had no objection to petitioner working in the production. The letter was too late for petitioner; filming proceeded on schedule with the replacement actress.

Petitioner filed suit against Lakeside and SAG alleging, among other things, that SAG had breached the duty of fair representation. According to petitioner, SAG had breached its duty by negotiating and enforcing a union security clause with two basic flaws. First, the union security clause required union “membership” and the payment of fall fees and dues when those terms could not be legally enforced under General Motors and Beck. Petitioner argued that the collective bargaining agreement should have contained language, in addition to the statutory language, informing her of her right not to join the union and of her right, under Beck, to pay only for the union’s representational activities. Second, the union security clause contained a term that interpreted the 30-day grace period provision to begin running with any employment in the industry. According to petitioner, this interpretation of the grace period provision contravened the express language of § 8(a)(3), which requires that employees be given a 30-day grace period from the beginning of “such employment.” She interprets “such employment” to require a new grace period with each employment relationship. Finally, in addition to these claims about the language of the union security clause, petitioner alleged that SAG had violated the duty of fair representation by failing to notify her truthfully about her rights under the NLRA as defined in Beck and General Motors.

The District Court granted summary judgment to the defendants on all claims, ruling first that SAG did not breach the duty of fair representation by negotiating the union security clause. App. to Pet. for Cert. 28a~29a. The court also determined that no reasonable factfinder could conclude that SAG had attempted to enforce the union security clause beyond the lawful limits. Id., at 30a. Finally, the court ruled that petitioner’s challenge to the grace period provision was actually an unfair labor practice claim, and thus it was preempted by the exclusive jurisdiction of the NLRB. Id., at 31a.

Petitioner appealed, and the Court of Appeals for the Ninth Circuit affirmed in part and reversed in part. 124 P. 3d 1034 (1997). The Court of Appeals reversed the grant of summary judgment on petitioner’s claim that SAG’s enforcement of the union security clause breached the duty of fair representation, finding that there were genuine issues of material fact remaining to be resolved on this issue. For example, the record contains conflicting evidence on whether the union told petitioner that she had to “join” the union, or whether it told her that she had to “pay” the union. Id., at 1041. The Court of Appeals also reversed the grant of summary judgment on petitioner’s claim that the union had breached the duty of fair representation by failing to notify her of her right, under Beck, to pay only the lesser “core” fees associated with the union’s collective bargaining functions. The District Court had not addressed this claim, so the Court of Appeals remanded this issue for consideration. Id., at 1042-1043.

On the two issues before this Gourt, however, the Court of Appeals affirmed the judgment of the District Court. First, the court held that SAG had not breached the duty of fair representation merely by negotiating a union security clause that tracked the language of the NLRA. The court noted that the statutory language had been given a specialized meaning, but rejected petitioner’s argument that the failure to fully explain this meaning in the collective bargaining agreement was an arbitrary or bad faith breach of the duty of fair representation. The court noted that two other Courts of Appeals had recently rejected similar claims. Id., at 1038-1039 (citing International Union Electronic, Electrical, Salaried, Machine and Furniture Workers v. NLRB, 41 F. 3d 1532 (CADC 1994); Nielsen v. International Assn. of Machinists & Aerospace Workers, 94 F. 3d 1107 (CA7 1996), cert. denied, 520 U. S. 1165 (1997)). The Ninth Circuit’s resolution of this issue is in tension with the decisions of two other Courts of Appeals. See, e.g., Buzenius v. NLRB, 124 F. 3d 788 (CA6 1997), cert. pending, No. 97-945; Bloom v. NLRB, 30 F. 3d 1001 (CA8 1994).

Second, the Court of Appeals affirmed the District Court’s judgment that it did not have jurisdiction over petitioner’s challenge to the grace period provision. The court acknowledged that federal courts have jurisdiction over duty of fair representation claims, but, noting our admonishment in Beck not to be deceived by a plaintiff’s attempt to disguise an unfair labor practice claim as a fair representation claim, Communications Workers v. Beck, 487 U. S., at 743, the court held that petitioner’s claim was not a fair representation claim. According to the court, the statutory question presented by petitioner’s challenge to the grace period provision was the central issue for resolution, and under these circumstances, the claim fell within the exclusive jurisdiction of the NLRB. 124 F. 3d, at 1039-1041.

We granted certiorari to resolve the conflict over the facial validity of a union security clause that tracks the language of § 8(a)(3), and to clarify the standards for defining the primary jurisdiction of the NLRB. 523 U. S. 1019 (1998).

>-H h-1

A

This case presents a narrow question: Does a union breach its duty of fair representation merely by negotiating a union security clause that tracks the language of § 8(a)(3)? To understand why this is a narrow question, it is helpful to keep in mind what issues we are not resolving in this ease. First, we are not deciding whether SAG illegally enforced the union security clause to require petitioner to become a member of the union or to require her to pay dues for noneollective bargaining activities. Petitioner’s complaint includes a claim that the union breached the duty of fair representation by enforcing the clause illegally, but that claim is not before us. The Court of Appeals held that there were factual disputes that precluded the grant of summary judgment on this issue, and so this claim was remanded to the District Court for further proceedings. 124 F. 3d, at 1041-1042. Second, we are not deciding whether SAG breached its duty of fair representation by failing to adequately notify petitioner of her rights under Beck and General Motors. The Board has held (and SAG concedes, see Brief for Respondent Screen Actors Guild 35-36) that unions have an obligation to notify employees of their Beck rights. See United Paperworkers Int'l Union (Weyerhaeuser Paper), 320 N. L. R. B. 349 (1995), rev’d on other grounds sub nom. Buzenius v. NLRB, supra; California Saw and Knife Works, 320 N. L. R. B. 224 (1995), enf’d sub nom. International Association of Machinists & Aerospace Workers v. NLRB, 133 F. 3d 1012 (CA7), cert. denied sub nom. Strang v. NLRB, post, p. 813. See also Nielsen v. International Assn. of Machinists & Aerospace Workers, supra, at 1114-1115 (recognizing such a duty on part of union); Abrams v. Communications Workers of America, 59 F. 3d 1373, 1378-1380 (CADC 1995) (same). The Board is currently in the process of defining the content of the notification right to give guidance to unions about what they must do to notify employees about their rights under Beck and General Motors. California Saw and Knife Works, supra; United Paperworkers Int’l Union, supra. Petitioner’s suit alleges that SAG failed to notify her of her Beck and General Motors rights, but this claim, too, is not before us. The Court of Appeals remanded this claim to the District Court for reconsideration. 124 F. 3d, at 1042-1043.

With this background, the question we are resolving comes into sharper focus. There is no disagreement about the substance of the union’s obligations: If a union negotiates a union security clause, it must notify workers that they may satisfy the membership requirement by paying fees to support the union’s representational activities, and it must enforce the clause in conformity with this notification. The only question presented by this ease is whether a union breaches the duty of fair representation merely by negotiating a union security clause that uses the statutory language without expressly explaining, in the agreement, the refinements introduced by our decisions in General Motors and Beck To rephrase the question slightly, petitioner’s claim is that even if the union has an exemplary notification procedure and even if the union enforces the union security clause in perfect conformity with federal law, the mere negotiation of a union security clause that tracks the language of the NLRA breaches the duty of fair representation. We hold that it does not.

B

When a labor organization has been selected as the exclusive representative of the employees in a bargaining unit, it has a duty, implied from its status under §9(a) of the NLRA as the exclusive representative of the employees in the unit, to represent all members fairly. See, e. g., Ford Motor Co. v. Huffman, 345 U. S. 330, 337 (1953); Vaca v. Sipes, 386 U. S. 171, 177 (1967). As we described this duty in Vaca v. Sipes, the duty of fair representation requires a union “to serve the interests of all members without hostility or discrimination toward any, to exercise its discretion with complete good faith and honesty, and to avoid arbitrary conduct.” Ibid. In other words, a union breaches the duty of fair representation when its conduct toward a member of the bargaining unit is arbitrary, discriminatory, or in bad faith. Id., at 190. See also Air Line Pilots v. O’Neill, 499 U. S. 65, 67 (1991) (reaffirming this tripartite standard). In this case, petitioner does not argue that SAG’s negotiation of the union security clause was discriminatory, so we only consider whether SAG’s conduct was arbitrary or in bad faith.

Petitioner argues that in Beck, we redefined the standard for evaluating when a union’s conduct is “arbitrary.” Petitioner reads our decision in Beck to hold that the union’s conduct was arbitrary merely because its actions violated the statute. According to petitioner, because we did not elaborate on our conclusion that the union’s statutory violation was a breach of the duty of fair representation, we must have concluded that it was “arbitrary.” Brief for Petitioner 12. Under this reading, the “arbitrary” prong of the duty of fair representation standard is equated with “statutory violation.” This is an inaccurate reading of our decision in Beck. It is true that the focus of our attention in Beck was whether the union’s conduct was consistent with § 8(a)(3) and that once we found that it was inconsistent with the statute, we did not tarry to explain how this conduct breached the duty of fair representation. But we did not hold that the finding of a mere statutory violation was sufficient to support a conclusion that the union breached its duty. In Beck, the union collected fees and dues from bargaining unit employees under its statutory grant of authority to serve as the exclusive bargaining representative. But then it used that money for purposes wholly unrelated to the grant of authority that gave it the right to collect that money, and in ways that were antithetical to the interests of some of the workers that it was required to serve. 487 U. S., at 743-744. It was this latter aspect of the union’s conduct, and not just the fact that the conduct violated the statute, that made the union’s actions a breach of the duty of fair representation.

That our holding in Beck did not alter the standard for finding conduct “arbitrary” is confirmed by our decision in Air Line Pilots. In that case, decided three years after Beck, we specifically considered the appropriate standard for evaluating conduct under the “arbitrary” prong of the duty of fair representation. We held that under the “arbitrary” prong, a union’s actions breach the duty of fair representation “only if [the union’s conduct] can be fairly characterized as so far outside a 'wide range of reasonableness’ that it is wholly ‘irrational’ or ‘arbitrary.’ ” 499 U. S., at 78 (quoting Ford Motor Co. v. Huffman, supra, at 338). This “wide range of reasonableness” gives the union room to make discretionary decisions and choices, even if those judgments are ultimately wrong. In Air Line Pilots, for example, the union had negotiated a settlement agreement with the employer, which in retrospect proved to be a bad deal for the employees. The fact that the union had not negotiated the best agreement for its workers, however, was insufficient to support a holding that the union’s conduct was arbitrary. 499 U. S., at 78-81. A union’s conduct can be classified as arbitrary only when it is irrational, when it is without a rational basis or explanation. Ibid.

Under this standard, SAG’s negotiation of a union security clause with language derived from the NLRA section authorizing such a clause is far from arbitrary Petitioner argues that it is irrational to negotiate a clause that cannot be enforced as written. But this clause can be enforced as written, because by tracking the statutory language, the clause incorporates all of the refinements that have become associated with that language. When we interpreted § 8(a)(3) in General Motors and Beck, we held that the section, fairly read, included the rights that we found. To the extent that these interpretations are not obvious, the relevant provisions of § 8(a)(3) have become terms of art; the words and phrasing of the subsection now encompass the rights that we announced in General Motors and Beck. After we stated that the statutory language incorporates an employee’s right not to “join” the union (except by paying fees and dues) and an employee’s right to pay for only representational activities, we cannot fault SAG for using this very language to convey these very concepts.

Petitioner also invites us to conclude that the union’s conduct in negotiating the union security clause breached the duty of fair representation because it was done in bad faith. She argues that the negotiation of this clause was in bad faith because the union had no reason to use the statutory language except to mislead employees about their rights under Beck and General Motors. This argument has two components: that the union intended to mislead workers, and that the union had no other purpose but to mislead. Both claims are unpersuasive. To understand why her first claim is unconvincing, it is again helpful to recall the nature of the claim being asserted here. Petitioner’s argument is not that SAG chose to use this language in the collective bargaining agreement after determining that the use of this language in the contract would deceive a large number of workers. Her argument is more ambitious. According to petitioner, even if the union always informs workers of their rights and even if it enforces the union security clause in conformity with federal law, it is bad faith for a union to use the statutory language in the collective bargaining agreement because such use can only mislead employees. Petitioner’s argument fails because it is so broad. It is difficult to conclude that a union acts in bad faith by notifying workers of their rights through more effective means of communication and by using a term of art to describe those rights in a contract workers are unlikely to read. Under these circumstances, there is no intent to mislead, so the first part of petitioner’s “bad faith” argument fails.

The second part of petitioner’s bad faith argument — that there was no other reason for the union’s choice of the statutory language — also fails. The statutory language, which we have said incorporates all of the refinements associated with the language, is a shorthand description of workers’ legal rights. A union might choose to use this shorthand precisely because it incorporates all of the refinements. Petitioner argues that this reason for failing to explain all of the intricate rights and duties associated with a legal term of art is bad faith. The logic of petitioner’s argument has no stopping point; it would require unions (and all other contract drafters) to spell out all the intricacies of every term used in a contract. Contracts would become massive and unwieldy treatises, yet there would be no discernible benefit from the increased mass. Because there is no stopping point to the logic of petitioner’s argument, we find it unpersuasive. Contrary to petitioner’s claim, we conclude that it may be perfectly reasonable for a union to use terms of art in a contract.

Petitioner proposed one stopping point at oral argument: the union security clause. Petitioner suggested that a union is only required to explain the union security clause in intricate detail because that is the only part of the contract where the union’s and the workers’ interests diverge. Tr. of Oral Arg. 16. The union security clause, however, is not the only part of the contract where the union’s interests diverge from the interests of the employees. To take a simple example, the union’s duty of fair representation is implied from its status as the exclusive bargaining representative of the bargaining unit workers. Under petitioner’s logic, the union would have to incorporate into the collective bargaining agreement a section detailing the union’s obligations under this duty. Presumably, this section would have to include discussions of judicial and NLRB interpretations of each prong of the duty of fair representation and how those prongs limit union conduct toward employees. Moreover, petitioner’s rights under Beck and General Motors are not the only limits on a union’s power under a union security clause. For example, the NLRA provides that workers with religious objections to supporting unions cannot be forced to pay any fees to a union, 29 U. S. C. § 169, and it also provides that the workers cannot be forced to pay fees that are discriminatory or excessive, § 158(b)(5). In other words, petitioner’s proposed stopping point is no stopping point at all. A union’s decision to avoid this slippery slope is not a fortiori a decision made in bad faith.

In sum, on this record, the union’s conduct in negotiating a union security clause that tracked the statutory language cannot be said to have been either arbitrary or in bad faith. The Court of Appeals correctly rejected petitioner’s argument that, by negotiating this clause, the union breached its duty of fair representation.

► — 4

The Court of Appeals also correctly refused to exercise jurisdiction over petitioner’s challenge to the 30-day grace period provision of the union security clause. Petitioner argues that all duty of fair representation claims are cognizable in federal court, and that because she couched her claim as a breach of the duty of fair representation, her claim by definition can be heard in federal court. Brief for Petitioner 24-25. For this proposition, petitioner relies on Breininger v. Sheet Metal Workers, 493 U.S. 67 (1989). Petitioner’s starting point correctly describes the law. When a plaintiff challenges an action that is “arguably subject to §7 or §8 of the [NLRA],” this challenge is within the primary jurisdiction of the NLRB. San Diego Building Trades Council v. Garmon, 359 U. S. 236, 245 (1959). These claims are within the primary jurisdiction of the NLRB in part to promote the uniform interpretation of the NLRA. Id., at 242-243. But when a plaintiff alleges a breach of the duty of fair representation, this claim is cognizable in the first instance in federal court. Vaca v. Sipes, 386 U. S., at 177-183; Breininger v. Sheet Metal Workers, supra, at 73-84. In Breininger, we rejected the invitation to create exceptions to this rule based on the expertise of the NLRB, the subject matter of the complaint, or the presence of any other factor. 493 U. S., at 75-77. Thus, petitioner is on solid ground to argue that if her challenge to the grace period provision is a duty of fair representation claim, the lower courts erred in refusing to exercise jurisdiction over that claim.

The qualification — if her challenge is a duty of fair representation claim — is important. The ritualistic incantation of the phrase “duty of fair representation” is insufficient to invoke the primary jurisdiction of federal courts. As we noted in Beck, “[ejmployees ... may not circumvent the primary jurisdiction of the NLRB simply by casting statutory claims as violations of the union’s duty of fair representation.” 487 U. S., at 743. When a plaintiff’s only elaim is that the union violated the NLRA, the plaintiff cannot avoid the jurisdiction of the NLRB by characterizing this alleged statutory violation as a breach of the duty of fair representation. To invoke federal jurisdiction when the claim is based in part on a violation of the NLRA, there must be something more than just a claim that the union violated the statute. The plaintiff must adduce facts suggesting that the union’s violation of the statute was arbitrary, discriminatory, or in bad faith.

This does not mean that federal courts cannot resolve statutory issues under the NLRA in the first instance. Although federal district courts cannot resolve pure statutory claims under the NLRA, they can resolve statutory issues to the extent that the resolution of these issues is necessary for a decision on the plaintiff’s duty of fair representation claim. Ibid, (quoting Connell Constr. Co. v. Plumbers, 421 U. S. 616, 626 (1975)). Thus in Beck, we resolved the statutory question because it was collateral to the duty of fair representation claim, and that claim was independently within the jurisdiction of the federal courts. 487 U. S., at 743-744. The power of federal courts to resolve statutory issues under the NLRA when they arise as collateral matters in a duty of fair representation suit does not open the door for federal court first instance resolution of all statutory claims. Federal courts can only resolve § 7 and § 8 claims that are collateral to a duty of fair representation claim.

Applying these principles in this case, petitioner’s challenge to SAG’s grace period provision falls squarely within the primary jurisdiction of the NLRB. Her claim is that SAG employed a term in the. collective bargaining agreement that was inconsistent with the NLRA. This allegation, although framed by the recitation that this act breached the duty of fair representation, is at base a claim that SAG’s conduct violated § 8(a)(3). This claim is not collateral to any independent basis for federal jurisdiction; there are no facts alleged suggesting that this violation was arbitrary, discriminatory, or in bad faith. Petitioner argues that the term is misleading because it misrepresents the employee’s obligations as stated in the NLRA, but this transparent attempt to avoid the jurisdiction of the NLRB is unconvincing. This term is not misleading; the only question is whether the term is consistent with federal law. Because petitioner’s only argument is that the term is inconsistent with § 8(a)(3), her claim falls within the primary jurisdiction of the NLRB.

Petitioner attempts to avoid this conclusion by arguing that her challenge to the grace period provision is structurally identical to the duty of fair representation claim considered in Beck and to the duty of fair representation claim considered in the first part of this opinion. Brief for Petitioner 24-25. Thus, according to petitioner, because these claims were cognizable in federal trial court, so is her challenge to the grace period provision. But in Beck it was the union that relied on § 8(a)(3) as a defense to the plaintiffs’ claim that it breached the duty of fair representation. When a claim that a union has breached its duty of fair representation is based in part on an alleged violation of the NLRA, it must be independently supported by some allegations describing arbitrary, discriminatory, or bad faith union conduct. Thus, as we described above, in Beck, the duty of fair representation claim was not premised on the mere unlawfulness of the union’s conduct. The basis for the fair representation claim was that the union’s conduct was arbitrary and possibly in bad faith. Petitioner’s challenge to the membership and fees requirements of the union security clause is similarly distinguishable from her challenge to the grace period provision. The claim we considered in the first part of the opinion was that the union’s negotiation of the union security clause breached the duty of fair representation because it was arbitrary and in bad faith for the union to negotiate a clause that might mislead employees. This claim, like the claim considered in Beck, is not solely about the interpretation of the statute. Petitioner’s challenge to the grace period provision, by contrast, is at most an allegation that the union violated the statute. This claim is quintessentially an issue for resolution by the NLRB, and the Court of Appeals correctly refused to uphold District Court jurisdiction over it.

Accordingly, the judgment of the United States Court of Appeals for the Ninth Circuit is affirmed.

It is so ordered.

Justice Kennedy,

with whom Justice Thomas joins,

concurring.

I join the opinion of the Court and offer these further observations.

First, the opinion does not address circumstances in which there is evidence that a security clause such as this one was used or intended to deceive or injure employees. Our sole conclusion is that mere recitation of the statutory language within a security clause does not, without more, violate the duty of fair representation. The Court of Appeals in this case understood that the record, on further development at trial, might support a finding that the union misinformed the petitioner of her membership obligations. The wording of the clause might well have some bearing on that determination. The Court of Appeals’ remand for trial on the union’s conduct toward the petitioner is not before us. As the issue is not addressed, our opinion is not inconsistent with the Court of Appeals’ ruling. There is also a suggestion in the record, see, e. g., App. 34-35, that the security clause in this ease may have been used or intended to mislead a potential employer to the petitioner’s detriment. If further developed, evidence to this effect would likely be relevant to the claim that remains for trial; our opinion should not be misunderstood to suggest otherwise.

The security clause at issue required, as conditions of employment, “member[ship] in good standing,” id., at 28, and payment of “the periodic dues and the initiation fee uniformly required as a condition of acquiring or retaining membership in the Union,” id., at 29. As recognized by other courts and by members of the National Labor Relations Board, language like this can facilitate deception. See, e. g., Bloom v. NLRB, 153 F. 3d 844, 850-851 (CA8 1998) (“As Bloom can well attest, when an employee who is approached regarding union membership expresses reluctance, a union frequently will produce or invoke the collective bargaining agreement.... The employee, unschooled in semantic legal fictions, cannot possibly discern his rights from a document that has been designed by the union to conceal them. In such a context, ‘member’ is not a term of ‘art,’. . . but one of deception”); Wegscheid v. Local 2911, Int’l Union, United Automobile, Aerospace and Agricultural Implement Workers, 117 F. 3d 986, 990 (CA7 1997) (“[T]he only realistic explanation for the retention of the statutory language in collective bargaining agreements... is to mislead employees about their right not to join the union”); Monson Trucking, Inc., 324 N. L. R. B. No. 149, pp. 6-8 (Chairman Gould, concurring) (“[A] collective-bargaining agreement that speaks in terms of ‘membership’ or ‘membership in good standing’ without further definition misleads employees into believing that they can be terminated if they do not become formal, full-fledged union members”). As I understand the Court’s opinion, there is no basis in our holding today for an inference that inclusion of the statutory language is somehow a defense when a violation of the fair-representation duty has been alleged and facts in addition to the bare language of the contract have been adduced to show the violation. Rather, our holding reflects only the conclusion that the negotiation of a security clause containing such language does not necessarily, or in all circumstances, violate this duty.

Furthermore, we do not have before us the question whether use of this language, in some circumstances, might be an unfair labor practice, even though, without more, it is not a breach of the duty of fair representation. As the Court’s opinion makes clear, a claim for breach of the duty of fair representation in circumstances such as those presented here, unlike an unfair-labor-practice claim, must be predicated on more than a simple violation of the National Labor Relations Act.

These issues are matters yet to be determined.