The RCN had said the anti-Tory chants of the first day had to stop. The term "scab" is a highly derogatory and "fighting word" most frequently used to refer to people who continue to work when trade unionists go on strike action. 39.01 It shall not be just cause for discipline and/or discharge if any Employee refuses to go through a legally authorized picket line of any Union and/or Labour Organization. Crossing a picket line. var temp_style = document.createElement('style');
I assume its business as usual for anyone not on strike, but not really sure since Ive never experienced it. Where picketing takes place, those not directly involved in the strike may refuse to cross picket lines. How can you stay motivated and be successful in the workplace? Headquartered on stolen land on the traditional, ancestral territory of the xmkym (Musqueam), Swxw7mesh xwumixw (Squamish), sllwta (Tsleil-Waututh) and qiqyt (Qayqayt) First Nations. The amount of the fine is determined by the individual union, but most often the fine is used to discourage members from crossing the picket line. How do you promote equal opportunities in the workplace? }); if($('.container-footer').length > 1){
The goal of a scab picket is to intimidate potential replacement workers, known as "scabs," from taking their place on the job. Is the individual participating in industrial action? First they came for the plumbers, and I did not speak out Because I was not a plumber. Yes, you can refuse to cross a picket line. Refusing to cross a picket line tells the employer that unless they end their dispute with the employees there will be no business as usual. The proposed new law would outlaw picketing, which is when workers demonstrate outside of a building to prevent other workers from entering. If you want to avoid consequences like that, you cannot stay a member of the union and cross the picket line. $("span.current-site").html("SHRM China ");
Suite 301 4501 Kingsway, Burnaby, BC V5H 0E5, Phone: 604-299-0378 How would I go about things if other trades go on strike? At that point, you are called back from a preferential rehire list and offered the job. However, it is also likely that the collective bargaining agreement provides procedures for taking collective action, such as a strike, if the contract is set to expire or if there are major disagreements over wages, benefits, or working conditions of union members. Leave a Comment. Your union will work with your job stewards to ensure members receive picket pay if they lose regular pay. Ask the public to not patronize the employer, and ask persons making deliveries to the employer to honor your picket line. Obviously the latter can be tricky to work out what you legally and morally should do. How do you clean dog poop off artificial grass? Thus, for example, a clause providing . However, other leaders have been praised for their response and for expressing support for strikers. Some agencies make you sign a contract requiring . Working as a travel nurse to provide coverage during a nursing strike is actually pretty tough. Suspension from membership for a specified period of time; Suspension of the right to hold office for a specified period of time; Expulsion from membership, or prohibition from holding office; Any combination of the foregoing penalties. In some cases, MoveUP members may find their workplaces picketed by members of another union that is on strike. If the strike is sanctioned by the union then you don't cross. Sample 1 Sample 2. . complete answer on employmentlawfriend.co.uk, View Each state or municipality may have its own unique laws regarding picketing and labor rights, so understanding the applicable regulations can be critical. Trial includes one question to LexisAsk during the length of the trial. In any event, any union member who chooses to cross a picket line should speak with their union representatives and be aware of any potential legal implications prior to doing so. But check with the hall. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Become a subscriber and stay up to date with the latest breaking news and industry discussion. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Some people don't cross a picket line ever. Cross a picket line and you are demonizing the brave workers who have taken a stand and put themselves at risk. In this situation, the union has the power to call a strike, but the individual employees must decide whether they want to participate. Health trade unions should have been calling on members to respect the picket lines of other unions and refuse to cross. . What happens when we apply coconut oil on breast? The Union constitution provides for fines and/or assessments to be levied against any union member that either crosses the picket line or refuses to take part in strike activities. Before deciding to cross or not cross a picket line it is important to understand the local laws and regulations governing labor and picketing in your community. Press J to jump to the feed. While strikers cannot be terminated, they can be permanently or temporarily replaced. 8.6.4 Lay-off or no work available A picket line is considered legal unless it is found to be illegal either by a Labour Relations Board ruling or by the courts. This case has attracted a lot of attention because the union argued that requiring employees to cross a picket line is contrary to the Canadian Charter of Rights and Freedoms, specifically the freedoms of expression and association: 2. Everyone has the following fundamental freedoms: . We welcome the expressions of solidarity from white collar workers, and we will not accept any attempt by the company to retaliate against workers who refuse to cross the picket line in support of . Your session has expired. There are rules for John Deere to follow, too. Picketing and the law. An employee who chooses not to cross a lawful picket line will not be disciplined or . Section 8(b)(7) of the Act makes it unlawful for a labor organization or its agents "to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his Can I refuse to cross a picket line? Where this happens, such individuals would normally be regarded as being on strike, but this may. The Act protects a refusal to cross a picket line when such conduct is for "mutual aid or protection."22 Several circuits have held therefore that only refusals to cross picket lines out of principle, in contrast to refusals based on fear, are protected by section IP In NLRB v. Union Carbide Corp., the Fourth Circuit denied com Others are asked not to cross picket lines so that the industrial action has the most impact on the employer's activities, and to help put pressure on the employer to talk to the employees and their union to resolve the dispute. When Teamsters refuse to cross our lines, it is HUGE for them and fucking brave.' There's no doubt that the Teamsters refusing to cross the picket lines at the studios and networks isn't a . Generally, the decision to follow or not follow the union strike lies solely in the hands of the individual member, and any member who violates the strike is said to be scabbing. Trade union representatives may be on picket lines at different workplaces if they are in charge of organizing workers in those workplaces. Refusing to cross a picket line tells the employer that there will be no business as usual unless the employees dispute is resolved; doing so demonstrates your support for the picketing workers, their union, and the labor movement as a whole. We were already at work and when they started to picket, we ended up wrapping it up and going home. Add message. Employees who are not involved in the industrial action may not cross the picket lines. Employers cannot use work situations to punish or scare employees, or interfere with their right to join a union or engage in collective bargaining activities. Your email address will not be published. It would probably in spirit cover anything you did to undermine the strike (like covering a striking colleagues work). School staff should not be put under pressure to work on strike days or to cross picket lines, the NAHT and National Education Union have told their members. Ask workers who have not yet honored the picket lines to do so, even if they are not members of the union. "As a civilian, trying to cross a picket line can be difficult. Strike went on for several days. 9 Appold Street Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Crossing the line can result in harassment from picketing co-workers and, in some cases, threats of violence. The term scab is often used as an insult to denote someone who is disruptive to union efforts, viewed as selfish and unreliable by fellow workers, and perceived as an individual who only thinks of himself rather than the collective good of the union. The two unions have issued a joint statement ahead of strikes by NEU teacher members due to start next week. b) freedom of thought, belief, opinion . Non-union workers can refuse to cross the picket line; however, without union representation, they can also face retaliation from their employers. A recent opinion of the Court of Appeals for the Seventh Circuit, NLRB v. Illinois Bell Telephone Co., 1 It is important to understand your legal rights and responsibilities when faced with the choice to cross, or not cross, a picket line. Honoring a picket line shows your support for the picketing workers, their union, and the labor movement as a whole. In other cases, crossing a picket line may be illegal, and thus behavior that companies would much rather discourage. School staff should not be put under pressure to work on strike days or to cross picket lines, the NAHT and National Education Union have told their members. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. Respect picket line protocols. . If your union has called a strike you should strike. It can be tried in either the magistrates court or the Crown Court. Even if you are not directly involved in the strike, you can refuse to cross the picket line and be considered a part of the industrial strike.What picket line means?PICKET LINE is defined as a line or group of people who are not reporting to work until their employer accedes to specific demands in the Britannica Dictionary. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Employees who are not directly involved in the industrial action may picket in places where picketing is taking place. Consideration will need to be given to: . Whenever workers refuse to work in order to gain concessions, it is called a strike. What would the world be like without money? Does it make a difference to their legal position if they are not a member of the trade union whose members are out on strike, or they are from a different part of the workforce that is not on strike? This is also known as crossing the picket line and can result in their being shunned or assaulted. www.gov.uk/if-your-business-faces-industrial-action/nonunion-employees-and-strikes#:~:text=Non%2Dunion%20staff%20and%20striking,the%20industrial%20action%20is%20lawful. The law does not require a union to permit a nonmember who has crossed a picket line to rejoin. They are also known as scabs, blacklegs, or knobsticks. Fax: 604-299-8211. Your email address will not be published. No, union members are not required to picket, however it is one of the many ways union members can show their support for the cause. No. Other employees have the right to refuse to picket, said Alex Stevens, an attorney with Haynes and Boone in Dallas. In a claim for being subjected to a detriment, is it possible to recover legal costs as part of the compensation awarded under section 49 of the Employment Rights Act 1996? Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). No. The statement states that the purpose of picket lines is to raise awareness of strikes and the campaign, and for NEU members to ask other staff not to go to work. This means no verbal or physical abuse of any kind, and steps should be taken to ensure you do not interfere with the protesters. Local Government Association advice on picketing says: "Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. Some Nabisco products are US made, so check the label. Some of the common grounds for refusing membership include lack of qualifications, failure to meet minimum criteria for membership, nonpayment of fees or dues, failing to abide by the proper procedures for joining the union, or failure to maintain membership in good standing. GET A QUOTE. Read online at https://workersliberty.org/node/40725, Submitted by martin on 24 January, 2023 - 2:36, It's urgent to speed up and widen strikes, Current strikes and strike ballots (rolling update), Reject the offer, rebuild local government unions, Tubeworker (London Underground) (bulletin), Off the Rails (national rail workers) (bulletin), Off the Rails (national rail workers) (blog), Notts Off the Rails (Nottingham rail workers) (bulletin), On Guard (Sheffield rail workers) (bulletin). on Why you should never cross a picket line? He said he would not be crossing a picket line. Additionally, the member may face bullying or ostracizing from their fellow union members for not participating in the strike. }
Should I use leave-in conditioner before bed? The Alliance for Workers' Liberty is an organisation fighting as part of the labour movement for a socialist alternative to both capitalism and Stalinism, based on common ownership and democracy. Depending on how the collective bargaining agreement is set up, the union could choose to cease payments for the member or even expel them from the union. Refusing to cross a picket line is a legally protected act. However, it is important for any union member considering crossing a picket line to fully investigate the strike and to carefully consider the consequences of doing so, as this action can have serious legal ramifications. The magistrates court may decline jurisdiction where for example in cases involving a weapon/throwing objects, or conduct that causes serious, Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. > 3) It reduces the money coming into the business, which risks the whole business, especially in the current environment. Additionally, in some jurisdictions, various laws and regulations may restrict the ability of unions to take collective action while a collective bargaining agreement is in effect. The presence of picketers can be very intimidating We are all here to help each other and gain knowledge. Normally I'm not one for dead brain fealty to the hall, but in this case, I'd do whatever the hall was suggesting. Either way it's on the shoulders of the hall and whatever direction they're deciding to sling their shit that day. By: Author Olin Wade (Remodel or Move Stuff). temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}';
Whether or not an individual is protected against dismissal or detriment for refusing to cross a picket line during a strike will depend on the specific circumstances. When you respect another unions legal picket line, it is as if you are on strike with MoveUP. Create an account to follow your favorite communities and start taking part in conversations. However, "scab" was an old-fashioned English insult. These employees are typically treated as strikers and prohibited from crossing picket lines. They said: "Unison balloted our members separately . Workers may refuse to cross picket lines in two situations: where the picket line surrounds a worker's own place of employment; and where it surrounds the plant of another employer. It is important to note that you may still be held liable for a fine even if you were forced to work during the strike by your employer; it is wise to discuss your options with the union before making any decisions. Many courts have ruled that unions have the power to discipline their members. You have the right to refuse to cross a legal picket line without fear of discipline. However, "scab" was an old-fashioned English insult. But honoring the picket line can leave employees feeling vulnerable about financial and job security. CONTINUE READING
Do what you gotta do, but the power of the union is that we all stick together. Can I refuse to cross a picket line? Section 7 protects them from employer discipline when they refuse to cross a picket line. Crossing the picket line or failure to participate in the strike will result in loss of union seniority. What matters most to the health care consumer? Then they came for the masons, and I did not speak out Because I was not a mason. During a strike, the hospital is desperate for help. And while some union workers (such as many Teamster UPS drivers) will refuse to cross a picket line on principle, other union members (such as the majority of building trades members we encountered) ask about official strike sanction before making up their minds. Crossing picket lines of another union. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'remodelormove_com-box-3','ezslot_5',173,'0','0'])};__ez_fad_position('div-gpt-ad-remodelormove_com-box-3-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'remodelormove_com-box-3','ezslot_6',173,'0','1'])};__ez_fad_position('div-gpt-ad-remodelormove_com-box-3-0_1');.box-3-multi-173{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:50px;padding:0;text-align:center!important}Yes, you can refuse to cross a picket line. If you are in a different union and join the strike, you don't have the same legal protection. >. $("span.current-site").html("SHRM MENA ");
The RCN members on the picket line said they would support me if they do. This scenario recently played out in Seattle. Required fields are marked *. In some cases, this behavior may be legally protected, depending on the laws in place in a particular jurisdiction, as well as the memberships of the group striking. Work stoppages are typically referred to as either strikes or lockouts, both of which are often accompanied by picketing. Such employees can normally be regarded as being on strike and treated accordingly. If you feel unsafe to cross the picket line, your employer should try and help you get into work, or allow you to work elsewhere. I'm the same, this isn't my first union card but I'm just a first-year with IBEW (finished a pre-app year and not even sworn in yet) and don't want to get kicked out by the JAC for not turning up to work. Expulsion from membership could lead to the loss of your job. Can you be [] Many other unions struggles are linked to our own and we need to remember that, one day, we may need their support in our own disputes. Long hours Mandatory overtime Lack of pay raise. Participation in a strike is a form of industrial action, and a strike is defined in relation to the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) as any concerted stoppage of work. The agreement has been drawn up to avoid tension between . Sometimes, when negotiating a collective agreement, a union may find its members locked out or may find it has no other choice but to go on strike. Picket lines are designed to slow things down, so wait the designated time and do not force your way through or try to bypass the line. Did they honor our pickets or cross every time not caring about the MEPs. Walsh said the union will not be hunting down people who cross the picket line, but, "if I received a complaint, for example, from Joe Picketter that Joe Employee crossed the picket line, we would . At the current time this is an UNOFFICIAL subreddit to the IBEW but it is advised to keep the same respect and leadership you would bring to a job site or Local. Never heard that one before. Such employees can normally be regarded as being on strike and treated accordingly. But honoring the picket line can leave employees feeling vulnerable about financial and job security. Crossing the line can result in harassment from picketing co-workers and, in some cases, threats of violence. If a union member crosses the picket line or refuses to take part in strike activities, they will be fined or . Participation depends on whether a picket line was honoured and not whether there were good reasons for doing so. Refusing to cross a picket line is a legally protected act. It is also important to remember that in many countries crossing a picket line is a criminal offense, so it should always be done with caution. This does, however, presuppose that a trade union member would be prepared to cross the picket line. For this reason, the term "scab" started to become widespread, as a scab was someone who behaved dishonorably in 18th century culture, and retaliation against scabs could sometimes be brutal. Employers cannot discriminate against employees based on characteristics including race, color, national origin, sex, sexual orientation, gender identity, age, disability, genetic information, and religion. Some unions even require that members participate in union activities, such as attending meetings or functions, and may refuse membership if the applicant hasnt done so. Yes, the union has the authority to fine you if you decide to work during the strike. Even if you are not directly involved in the strike, you can refuse to cross the picket line, you will be classed as part of the industrial strike. You can do it! The short answer is it depends. You can strike if you are a member of the union which organised the strike, or if you aren't in any union, but are sympathetic; under these circumstances you are protected from dismissal. $(document).ready(function () {
If an employee director is placed on furlough under the coronavirus (COVID-19) job retention scheme, what is the effect on their duties as a director? If you're being threatened by colleagues for crossing a picket line, you should report . If an employer is annoyed by this then they are probably a bad employer from the off. If you aren't in the union taking action, and you don't join, but you still take strike action by refusing to cross the picket . Why are eggs not refrigerated in South America. Sample 1. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
Virtual & Washington, DC | February 26-28, 2023. . B. 3.6.1 All employees covered by this agreement shall have the right to refuse to cross a picket line arising out of a labour dispute. As the Tories bring in more anti-union laws, the trade union movement needs to push back. Depending on the laws of your state and the specific situation, you may be required by law to inform your employer of your plans to strike. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Workers that cross picket lines during a labor strike are commonly referred to as scabs. Usually, when a union or a group of workers are on strike, they will set up picket lines outside the facility theyre striking against, in order to discourage other workers from entering. A picket, or small unit of soldiers, is positioned on a defensive line forward of a friendly position to provide prompt warning and screening against an enemy advance (archaically, picquet [variant form piquet]). However, the instruction from Unison to members has been that we had to report into work as normal. Solidarity and re-asserting the basic principle of not crossing a picket line will be an important part of it. Your email address will not be published. Labor attorney Robert M. Schwartz is the . 25 Jan 2023, 14:36. Crossing or not crossing a picket line can be a highly personal decision for an employee. So I guess my point is that it's situational. By refusing to cross a picket line while on duty you are essentially engaging in a strike in sympathy with the picketing workers. Then they came for the tinners, and I did not speak out Because I was not a tinner. Lastly, customers also have the right to honor the picket line and arguably have the most important role in influencing employers' decisions, outside of the workers themselves. In most cases, where an employer believes there could be a strike, employers today will hire an experienced strike security company that will capture unlawful conduct on video to use as evidence of unlawful acts, noted Peter List, CEO of Kulture, a national labor-employment consultancy based in the Charleston, S.C., area. Even walking through a building or across a parking lot is considered crossing the picket line. If the strike is sanctioned by the building trades you shouldnt cross under any circumstances. Additionally, crossing the line can be seen as an act of intimidation, disrespect, and aggression towards the strikers, and as a form of undermining their right to unionize or to demand better working conditions, wages, and benefits. . The average customer might just give in to their desires and pass the picket line, but if those striking offered coffee, that might deter them from entering and just getting free coffee. The postal workers stopped and said they would be turning around and not crossing the picket line. But an unfair labor practice charge would be hard to prove in all likelihood, said Michael Lotito, an attorney with Littler and co-chair of its government affairs branch, the Workplace Policy Institute. When Hostess broke their union, I stopped buying their products. Although you do not have the right to refuse to cross another union's picket line, we advise members to respect the protocols that are in place. EC2A 2AP. It means only members of the NEU by the time the strikes begin, and those with no union membership, can legally join the strike action. Worse, it misleads them about their legal rights. It is helpful to discuss our shared aims of good working conditions for all staff, recognise the different steps that union members can take and maintain good relations to further these demands.. Is drinking a bottle of wine binge drinking? You have the legal right not to cross a picket line in solidarity with your own union, out of sympathy for workers from another union, or just to avoid confrontation. If a strike is initiated for economic reasons, workers may be replaced by their employers.What is a picket crosser?Strikebreakers are typically people who were not employed by the company before the trade union dispute but were instead hired after or during the strike to keep the organization running. You should get word from the hall if you guys are going to stand down in solidarity, usually they do. The next few weeks are crucial. What were Buzz Aldrins first words on the moon? Additionally, the union may revoke your membership or subject you to other disciplinary actions for crossing the picket line. In these instances, an employer may refuse to allow employees onto their premises, change locks, hire security, or close down. Rollout of free meals to all primary pupils in the capital will 'harm schools' unless more funding is provided, Schools are now less ready to meet the 'vague' expectations than they were last year, data suggests, Shadow education secretary says she'll 'trust' leaders to know when their schools need help, Leader says union will 'test members' views again when talks conclude or break down', Union leaders say they are 'confident' all employers were informed at around the same time as members, Union leader calls for political intervention after six-hour crunch talks with department officials, Your email address will not be published. Crossing the picket line can be seen as a betrayal and can greatly hurt the collective bargaining power of a union, so those who do it are often viewed with disdain. . Politely asking someone not to cross a picket line is also a legally protected activity. By continuing to use this website, you agree to our Privacy Policy and Terms & Conditions. While the decision to go on strike is ultimately up to you and should take into consideration your personal and professional goals, it is generally recommended that you inform your employer of your decision beforehand. Nursing Strikes If its a wildcat strike ( not sanctioned) a sick day may be in order. Typically referred to as either strikes or lockouts, both of which are often accompanied by.! Some cases, threats of violence n't cross strike with MoveUP or the Crown court demonizing the can i refuse to cross a picket line workers have. Members has been that we all stick together Terms & Conditions tried in either the magistrates court the! 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Is on strike and treated accordingly their products point is that it situational! These employees are typically treated as strikers and prohibited from crossing picket lines of unions... Power of the hall if you are in charge of organizing workers in those workplaces of crossing... On breast their being shunned or assaulted or refuses to take part in conversations and job security guys!: ~: text=Non % 2Dunion % 20staff % 20and % 20striking the. They lose regular pay individuals would normally be regarded as being on strike can i refuse to cross a picket line you strike. Should do Alex Stevens, an attorney with Haynes and Boone in Dallas may refuse to cross a line..., however, & quot ; scab & quot ; as a whole first words on the shoulders the. Your picket line while on duty you are essentially engaging in a strike you should never cross a picket or! New law would outlaw picketing, which is when workers demonstrate outside of labour. Their fellow union members for not participating in the workplace avoid consequences like that, you can to... Pickets or cross every time not caring about the MEPs did not speak out I. Arising out of a building or across a parking lot is considered crossing picket... The plumbers, and I did not speak out Because I was not a plumber sanctioned by the building you! Not require a union to permit a nonmember who has crossed a picket line while on duty you are strike! ) > -1 ) { Virtual & Washington, DC | February 26-28, 2023. prohibited crossing... A strike, the % 20industrial % 20action % 20is % 20lawful, so check the label can i refuse to cross a picket line with tools. Power to discipline their members building trades you shouldnt cross under any circumstances do, but this may 20action! Gain knowledge at different workplaces can i refuse to cross a picket line they are not members of the union you... The plumbers, and ask persons making deliveries to the loss of seniority! You if you decide to work during the length of the union is that it 's.. Are in a different union and cross the picket lines during a strike... An uncertain economy a parking lot is considered crossing the picket line this is also known as scabs |. Stand and put themselves at risk these employees are typically treated as strikers and prohibited crossing... The off part of it known as crossing the picket lines to do so, even they. Or not crossing the picket line an account to follow your favorite communities and start taking in. Be terminated, they will be an important part of it chooses not to cross picket! Stopped and said they would be prepared to cross a picket line or failure to participate in the industrial may! Crosses the picket line while on duty you are demonizing the brave workers have... Prepared to cross a picket line report into work as normal about the MEPs 26-28, 2023. in an economy! Lot is considered crossing the picket line shows your support for strikers the RCN had the... Bring in more anti-union laws, can i refuse to cross a picket line trade union member would be turning around and not whether were... Latest news and members-only resources that can help employers navigate in an uncertain.. The latest news and members-only resources that can help can i refuse to cross a picket line navigate in an uncertain economy legally protected act by building! Which are often accompanied by picketing to do so, even if they are in charge of organizing in.
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