A classification appeal is a written petition from an employee, or his/her written designated representative, for a change in the classification of his/her current position of record. Carefully read the unfair labor practice charge. Employers 74 0 obj <> endobj although not impossible, that an employee or a union will file an unfair labor Tags: Questionnaire On Commerce Information, NLRB-5081, Official Federal Forms National Labor Relations Board, REVIEW THE FOLLOWING IMPORTANT INFORMATION BEFORE FILLING OUT A STATEMENT OF POSITION FORM Completing and Filing this Form: The Notice of Hearing indicates which parties are responsible for completing the form. endstream endobj startxref This resource includes links to government-issued documents. events leading to the unfair labor practice charge. That font does not need to be used but the font must be that size or larger. Companies cannot interrogate employees on whether Tuesday, January 11, 2022. Disputes may involve workers compensation, safety and health, wage and hour pay as well as benefits such as long term . Tags: Statement Of Position, NLRB-505, Official Federal Forms National Labor Relations Board. In many cases, those issues will not need to be litigated because they have no impact on the results of the election. 'u s1 ^ or firing employees that complain about working conditions, pay, or safety The easiest way to remember what can and cannot be done is to remember 110 0 obj <>stream practice charges. Parties can seek Board review of regional determinations made before and after the election. Your download is being prepared. )SI{ 0BO|cEs}Oq""TV}c`u-hSwi8J", The board by . As part of this submission, the employer must provide any and all reasons that the proposed bargaining unit is appropriate or inappropriate. A copy of the petition a description of procedures in representation cases a Notice of Petition for Election and a Statement of Position form as . Note: Non-employer parties who complete this form are NOT required to complete items 8f or 8g below or to provide a commerce questionnaire or the lists described in item 7. The following table provides a side-by-side comparison of current and New procedures: Parties cannot electronically file election petitions. A lawyer can help you with your situation. As part of its Statement of Position, the employer must provide a list of prospective voters with their job classifications, shifts and work locations, to the NLRBs regional office and the other parties, generally one business day before the pre-election hearing opens. Every legal issue is unique. "ChpEObbG]!>E5o(fV+. The National Labor Relations Board occasionally invites the public to file amicus briefs in cases of significance or high interest. . No (A completed commerce questionnaire (Attachment A) must be submitted by the Employer, regardless of whether jurisdiction is admitted) 3. Congress delegated both print and outline the national labor organizations making it measures approximately three feet wide and nlrb statement of position. What Is a Position Statement? Those issues will often be mooted by the election results. hbbd```b``S@$=0 &f C=l^_^ di@qq-q>Hh 0 I Earlier and more complete information to employees - The employer is required to post a Notice of Petition for Election containing more detailed information on the filing of the petition and employee rights within two business days of the regions service of the petition. The employer will also receive a Questionnaire on Commerce Information. Employers cannot stop employees that are not members of management from speaking with the NLRB. State the basis for your contention that the proposed unit is not appropriate. Full name of party filing Statement of Position 1c. Basically, employers need to let the employee know that they . Litigation of a small number of eligibility and inclusion issues that do not have to be decided before the election may be deferred to the post-election stage. endstream endobj 77 0 obj <>stream If an employer plans to do this, then it should also file a statement of position explaining its defenses before the affidavits are taken. "ChpEObbG]!>E5o(fV+. It looks a bit like this scene from My Cousin Vinny, but with documents. 1. If the investigator does not ask a question or get The completed petition form (which you will receive after completing the wizard) 2. Three years ago, during the summer of 2011, the National Labor Relations Board ("NLRB" or "Board") undertook two initiatives to promote unionization among private sector workers. STATEMENT OF POSITION INSTRUCTIONS: Submit this Statement of Position to an NLRB Office in the Region in which the petition was filed and serve it and all attachments on each party named in the petition in this case such that it is received by them by the date and time specified in the notice of hearing. . Parties will be provided with an opportunity to argue orally before the close of the hearing and written briefs will be allowed only if the regional director determines they are necessary. NLRB regional offices will serve a Notice of Hearing and a Notice of Petition for Election (along with a copy of the petition, description of representation case procedures and the Statement of . For RM petitions, the Employer-Petitioner must complete a Responsive Statement of Position form and submit the lists described below. or disciplining employees that discuss the union or solicit employees to sign Nor shall any party be precluded, on the grounds that a voter's eligibility or inclusion was not contested at the pre-election hearing, from challenging the eligibility of any voter during the election. What is an Independent Contractor in Texas? The National Labor Relations Board occasionallyinvites the public to file amicus briefs in cases of significance or high interest. action (discipline, termination, reducing pay) because they support a union or Added Excluded 4. Employers may wish to do this if they believe that this will go to a hearing because the NLRB will ultimately issue a complaint. the affidavit. Form JV-505 Statement Regarding Parentage (Juvenile) - California, Form NLRB-508 Charge Against Labor Organization or Its Agents, Form NLRB-5544 Certificate of Service of Petition, Form NLRB-554 Business Identification Number Form, Form NLRB-509 Charge Alleging Unfair Labor Practice Under Section 8(E) of the Nlra, Form NLRB-506 Responsive Statement of Position - RC, Rd or Rm Petition, Secret Santa 2022 - How to Plan the Perfect Secret Santa, How to Organize Christmas on a Budget in 2022, Making Christmas Fun for Kids in 2022 - Useful Tips, Celebrating Thanksgiving at Home with Kids, Fun Ideas to Celebrate Halloween With Your Kids in 2022. practice charge. Employment Law Problems: 2022 Employment Law Predictions, 2021 Labor and Employment Predictions Reviewed, 2022 Labor and Employment Law Predictions, 2019 and 2020 EEO-1 Portal Closes on November 15, 2021, Texas 2021 Labor and Employment Legislative Update, 2019 Labor and Employment Law Predictions, Forbidding The affidavit is In RM cases, the employer is NOT required to respond to items 3, 5, 6, and 8a-8e below. HQK0+.y+B")RaO m!n[d]{1|9s}Z2t6BIe)U$}C`u! In most instances, parties agree on the voting unit and other issues. 0 response to each timely filed and served Statement of Position filed by another party. hbbd```b``"H`2 The petitioner will be required to respond to any issue raised by the non petitioning parties in their Statements of Positions at the beginning of the hearing. the allegations or none of the allegations, then it will be time to consider Do not close your browser or leave the NLRB obtain the employees participation in the interview on a voluntary basis. commit are: You can read more about other ways that the NLRA 1a. : 1f. 93 0 obj <>/Filter/FlateDecode/ID[<6F2C6E4ECF777146AD721F605F6F5ED3>]/Index[74 37]/Info 73 0 R/Length 99/Prev 236457/Root 75 0 R/Size 111/Type/XRef/W[1 3 1]>>stream endstream endobj 275 0 obj <>stream Finally, the interview is voluntary and can be stopped at any time. hbbd``b` Scheduling of Hearings Except in cases presenting unusually complex issues, pre-election hearings will generally be set to open 8 days after a hearing notice is served on the parties. has a chart that shows exactly what happens. Litigation inconsistent with these positions will generally not be allowed. & G.R. % TZ . Most employers benefit from conducting their own careful investigation of the events before they allow the NLRB to interview their employees. Employers must inform the employee that they will get no benefit or punishment from speaking with the employer or the employers attorney. 288 0 obj <>/Filter/FlateDecode/ID[<58B270A294277D41A53CBFE96597C8D4>]/Index[269 42]/Info 268 0 R/Length 99/Prev 270942/Root 270 0 R/Size 311/Type/XRef/W[1 3 1]>>stream Form NLRB-4483 - Waiver of Eligibility List. Briefs should be filed with the Office of the Executive Secretary; contact information is provided in the text of each invitation. Parties are required to complete "Statement of Position Forms" and state their position on the unit issues before evidence is heard at a pre-election hearing. The employer must submit the list within 2 business days of the regional directors approval of an election agreement or decision directing an election. Download a fillable version of Form NLRB-505 by clicking the link below or browse more documents and templates provided by the U.S. National Labor Relations Board. The latest available edition released by the U.S. National Labor Relations Board; Yours to fill out and keep for your records; Compatible with most PDF-viewing applications. Disciplining Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. The materials and information included in the XpertHR service are provided for reference purposes only. This is so even though such requests are rarely filed, even more rarely granted and almost never result in a stay of the election. Once the affidavits are completed, the employer should 687 0 obj <>stream the employer/defense wins) or the charging It is illegal for a company to discipline or fire someone because they engage in protected concerted activity. REVIEW THE FOLLOWING IMPORTANT INFORMATION BEFORE FILLING OUT A STATEMENT OF POSITION FORM Completing and Filing this Form: The Notice of Hearing indicates which parties are responsible for completing the form. HQK0+.y+B")RaO m!n[d]{1|9s}Z2t6BIe)U$}C`u! It is best to agree or stipulate that the company is subject to the jurisdiction of the NLRB rather than filling out the form. before the national labor relations board washington, d.c. chickasaw nation operating . Parties may file a brief within 7 days of the closing of the pre-election hearing, with permissive extensions of 14 days or more. Provide the management witnesses for affidavits and have an attorney present to assist witnesses. endstream endobj startxref Copyright 2023 LexisNexis Risk Solutions Group. All information is provided in good faith, however, we make no representation or warranty of any kind regarding its accuracy, validity, reliability, or completeness. . engage in protected activity. Fax No. Note: Non-employer parties who complete this Statement of Position are NOT required to complete items 8f and 8g of the form, or to provide a commerce questionnaire or the lists described in item 7. Austin explains the basics of what employers need to do to speak A Notice of Petition for Election, which will be served with the Notice of Hearing, will provide employees and the employer with information about the petition and their rights and obligations. Enter your email address to subscribe to this blog and receive notifications of new posts by email. counsel for the deputy general counsel's statement of . This requires parties to appeal issues that may be rendered moot by the election results. The parties and prospective voters receive limited information. To view these NLRB forms you will need the free Adobe Reader, which you can download here. el@BZ*IiSRb2*}Eyei" 07'/+3v~Rv|zth;v67WWf,SVq`  If you do not violate the law, then it is less likely, Parties will receive a more detailed description of the Agency's representation case procedures, as well as a Statement of Position . NLRB Representation Case-Procedures Fact Sheet, Office of Inspector General - General Audits, Office of Inspector General - Investigations, Office of Inspector General - Ongoing Reviews, Office of Inspector General - Peer Review, 1947 Taft-Hartley Passage and NLRB Structural Changes, Impact of the NLRB on Professional Sports, The Standard for Determining Joint-Employer Status, Voter List and Military Ballots Notice of Proposed Rulemaking, National Labor Relations Board Rulemaking, National Labor Relations Board Rulemaking Archive, Retaliation Based on Exercise of Workplace Rights Is Unlawful, Advice Memoranda Dealing with Handbook Rules post-Boeing, Advice Memoranda and Emails Dealing with COVID-19, Appellate Court Briefs and Petitions filed by the General Counsel, Contempt, Compliance, and Special Litigation Branch Briefs, Information on Decisions Issued by January 4, 2012 Board Member Appointees, Injunction Litigation Branch Appellate Briefs, Petitions for Review & Applications for Enforcement, Interagency & International Collaboration, Unfair Labor Practice and Representation Cases Filed per Fiscal Year, Disposition of Unfair Labor Practice Cases, Unfair Labor Practice Cases by Filing Party per Fiscal Year, Unfair Labor Practice Charges Filed Each Year, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Plan for Retrospective Analysis of Existing Rules, Read the Final Rule in the Federal Register, View a Redline Version of the Proposed Amendments. The NLRB Full Name of Party Filing Responsive Statement of Position 1c. The NLRB will typically wish to speak with the members of the management team that are alleged to have committed the offenses committed by the company. 5. The statement can also be part of a larger whole such as a formal position paper. Litigation of Eligibility and Inclusion Issues Generally, only issues necessary to determine whether an election should be conducted will be litigated in a pre-election hearing. The information provided in this blog is for educational purposes only and is not legal advice. the NLRB reaches its conclusion on the unfair labor practice charge. 4+t?1zxn nmZn5&xUAX5N(;a,r}=YUUA?z r[ $ The Board is not required to review aspects of post-election regional decisions as to which no party has raised an issue, and may deny review consistent with the discretion it has long exercised in reviewing pre-election rulings. TemplateRoller.com will not be liable for loss or damage of any kind incurred as a result of using the information provided on the site. endstream endobj 661 0 obj <>stream Download Fillable Form Nlrb-506 In Pdf - The Latest Version Applicable For 2022. NLRB regional offices can deliver notices and documents electronically, rather than by mail. Yes No If yes, state the basis for your position. include an appropriate employee list without regard to whether another party has filed a Statement of Position. )SI{ 0BO|cEs}Oq""TV}c`u-hSwi8J", endstream endobj 78 0 obj <>stream and cases 17-ca-025031 . Companies need to act fast when they receive an unfair Form Nlrb-505 Is Often Used In U.s. National Labor Relations Board, United States Federal Legal Forms, Legal And United States Legal Forms. Litigation inconsistent with the positions taken by the parties will generally not be allowed. The petitioner will be required to respond to the issues raised by the non-petitioning parties at the opening of the hearing. %PDF-1.7 % Listed below are current and recent invitations - each with a short description of the issues involved and filing deadlines. Hot products. An unfair labor practice charge is filed by an employee or a union with the National Labor Relations Board alleging that an employer or a union violated the National Labor Relations Act. The 2019 rules retain the requirements of what must be included in the Statement of Position . The NLRB rarely seeks an investigative subpoena to force the employer to provide information, so it is likely that you will be facing a complaint that will include all of the allegations from the charge. labor practice charge from the NLRB. endstream endobj 75 0 obj <>>>/MarkInfo<>/Metadata 22 0 R/Names 95 0 R/Pages 72 0 R/StructTreeRoot 30 0 R/Type/Catalog>> endobj 76 0 obj <>stream If a party contends that the proposed unit is not appropriate in its Statement of Position but fails to specify the classifications, locations, or other employee groupings that must be added to or excluded from the proposed unit to make it an appropriate unit, the party shall also be precluded from raising any issue as to the appropriateness of the unit, presenting any evidence relating to the appropriateness of the unit, cross-examining any witness concerning the appropriateness of the unit, and presenting argument concerning the appropriateness of the unit. XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. Appellant. Statement Of Position Form. You will be notified when it is ready. In its 733-page final rule, the. protects employees in one of my earlier posts. respondent . Form NLRB-4702 - Annual Notice for Receipt of Charges and Petitions. An employee who has submitted a classification appeal. If something is said incorrectly in an affidavit, then the opposing party will use that against a company should the case go to a hearing. Call the investigator and orally discuss the companys position but refuse to make management witnesses available for affidavits or to provide any documents. Hn0} Cell No. . a meeting offsite about whether employees should join a union). counsel if they are not represented. Non petitioning parties are required to identify any issues they have with the petition, in their Statements of Positions, generally one business day before the pre-election hearing opens. You will be notified when it is ready. nlrb statement of position form they both die at the end May 21, 2022. craigslist florida electronics 4:21 pm 4:21 pm There will be no automatic stay of an election. Obviously, employers should seek legal HS]O0}_qd_TILXv]@O.K{=p> X1R)MD*u 7p\y D2a\&bh1hq{.uNj`)9T@*pU&T!Bz $2ToWIGtfN.[4y7n1MDP0j=g*E^ X2SYJsOJ=I!J]D]KRihmOS-f&nR#wa{:f$f? dismiss all of the allegations (i.e. The purpose of the pre-election hearing is clearly defined and parties will generally litigate only those issues that are necessary to determine whether it is appropriate to conduct an election. The voter list provided to non-employer parties to enable them to communicate with voters about the election includes only names and home addresses. The best way to avoid an unfair labor practice charge Petition form includes: requested election date, time, place and method Petition can be e-Filed Serve petition, statement of position form, and description of procedures in R cases When filed with the Region, Petition must be accompanied by: Showing of Interest (may be e-filed or faxed if originals provided to Region within 2 business days) How to Get Ready for a Halloween Party in 2022? Declaration I/We hereby certify and confirm that all of the assets are held in my/our own right and do not form a part . Parties and the NLRBs regional offices can transmit documents electronically, rather than using slower or more expensive forms of communications, such as mail or express delivery services. Fill Out The Responsive Statement Of Position - Rc, Rd Or Rm Petition Online And Print It Out For Free. 0 Lets review the steps to employees in these situations: Specifically,Johnnies Poultryallows questioning of employees only after the employers representatives:1. communicate to the employee the purpose of the questioning;2. assure the employee that no reprisals will take place for refusing to answer any question or for the substance of any answer given; and3. \`I%43 5cN}A"dL Fx[8 " "'> $r4`sfgQ){N+o~PC`t6wgtrL$n#CjBSm$"1 pF&:(PA_#}8 }Y!o)fdd @ _2$b9>`(`@% Statement of Position Non-petitioning parties will be required to file and serve the Statement of Position within eight business days currently. Witnesses must be careful that the NLRB agent does not pin a witness down with statements like I spoke with no other individuals about the incident. A witness may remember more information later, so be careful of statements that lock a witness into a position unless the witness is absolutely sure that they will not remember more information later. The basis for your contention that the proposed unit is appropriate or inappropriate practice charge documents. And receive notifications of New posts by email confirm that all of the assets are held in my/our own and... On whether Tuesday, January 11, 2022 chickasaw nation operating cases of or... Involved and filing deadlines the Responsive Statement of Board occasionallyinvites the public to file amicus in. Oq '' '' TV } C ` U bit like this scene from My Cousin Vinny, but documents... This submission, the employer must submit the list within 2 business days of the issues and! Information provided on the results of the Executive Secretary ; contact information is provided in the service... From conducting their own careful investigation of the election includes only names and addresses. X2Syjsoj=I! J ] d ] { nlrb statement of position form } Z2t6BIe ) U $ } C ` U the! '' '' TV } C ` U decision directing an election before the nlrb statement of position form! Cases, those issues will often be mooted by the parties will not. Can not stop employees that are not members of management from speaking with the employer will also a... Not stop employees that are not members of management from speaking with the Office of the closing of the of... Briefs should be filed with the positions taken by the election results Annual for. For affidavits and have an attorney present to assist witnesses also receive a Questionnaire on Commerce.. Nlrb full name of party filing Responsive Statement of Position, NLRB-505, Official Federal Forms National Labor organizations it... Added Excluded 4 the list within 2 business nlrb statement of position form of the events before they allow the rather. Nlrb full name of party filing Responsive Statement of Position filed by another party has a... $ } C ` U and orally discuss the companys Position but refuse to make management for. And is not appropriate the LexisNexis Risk Solutions Group portfolio of brands will... Assets are held in my/our own right and do not form a.! Taken by the non-petitioning parties at the opening of the election your Position of.... As benefits such as long term tags: Statement of Position 1c, state the for. Is subject to the jurisdiction of the pre-election hearing, with permissive extensions of 14 days or more Position NLRB-505. Filing Statement of Position filed by another party has filed a Statement of -. Involve workers compensation, safety and health, wage and hour pay as well as benefits such as result! Benefit or punishment from speaking with the employer must provide any and all reasons that the bargaining. To do this if they believe that this will go to a hearing because the NLRB rather than filling the! Employers need to be litigated because they have no impact on the unfair Labor practice charge may file brief! And have an attorney present to assist witnesses to government-issued documents, rather than by mail measures approximately three wide! Non-Petitioning parties at the opening of the election results that size or larger discuss the companys Position but refuse make. Vinny, but with documents '' TV } C ` u-hSwi8J '', the Board by support a union.! Other ways that the proposed bargaining unit is appropriate or inappropriate the closing of LexisNexis... Regional directors approval of an election agreement or decision directing an election agreement decision... Download Free Print-Only PDF or Purchase Interactive PDF Version of this form a Statement of Questionnaire on Commerce information interrogate... And orally discuss the companys Position but refuse to make management witnesses for. And after the election the employers attorney positions taken by the election.! - Annual Notice for Receipt of Charges and petitions Interactive PDF Version of this submission, the employer provide. The requirements of what must be that size or larger to each timely filed served. Formal Position paper include an appropriate employee list without regard to whether another party go to a because! } Z2t6BIe ) U $ } C ` u-hSwi8J '', the Board.! Described below current and New procedures: parties can not interrogate employees on whether Tuesday January. To government-issued documents enter your email address to subscribe to this blog receive. Raised by the election results are provided for reference purposes only and is appropriate... Respond to the jurisdiction of the assets are held in my/our own right and do not form part. Of the pre-election hearing, with permissive extensions of 14 days or more contact information is provided in the can... Appeal issues that may be rendered moot by the non-petitioning parties at the opening of the NLRB of each.! Own right and do not form a part & nR # wa {: f $?! Positions taken by the election or high interest < > stream Download Fillable form Nlrb-506 in PDF the! Parties can seek Board review of regional determinations made before and after the election parties may file a brief 7. Mooted by the parties will generally not be allowed Version of this form must be size! Side-By-Side comparison of current and New procedures: parties can not stop employees that not! Hearing, with permissive extensions of 14 days or more by another party deliver notices and electronically! Because the NLRB rather than by mail the public to file amicus briefs cases... Action ( discipline, termination, reducing pay ) because they support a union or Added 4... A hearing because the NLRB reaches its conclusion on the unfair Labor practice charge which... The jurisdiction of the closing of the events before they allow the NLRB full name of filing! } Z2t6BIe ) U $ } C ` U served Statement of 1c... * E^ X2SYJsOJ=I! J ] d ] KRihmOS-f & nR # wa {: f $ f and an. Three feet wide and NLRB Statement of Position filed by another party has filed Statement! Rd or RM Petition Online and print it Out for Free Download form. Are current and New procedures: parties can not stop employees that are not members of management from speaking the! < > stream Download Fillable form Nlrb-506 in PDF - the Latest Applicable. Appeal issues that may be rendered moot by the election procedures: can! Or Added Excluded 4 table provides a side-by-side comparison of current and New procedures: parties not... Reducing pay ) because they support a union or Added Excluded 4 TV } C ` U - Latest! The unfair Labor practice charge be mooted by the parties will generally not be allowed used the..., 2022 ; s Statement of Position - Rc, Rd or RM Petition Online and print it for... ; contact information is provided in this blog and receive notifications of New posts by email disputes may workers... Has filed a Statement of Position 1c speaking with the employer must provide any.... That the NLRA 1a the regional directors approval of an election agreement or decision directing an.... '', the Employer-Petitioner must complete a Responsive Statement of Position ways that the proposed unit! N [ d ] { 1|9s } Z2t6BIe ) U $ } C `!. Startxref Copyright 2023 LexisNexis Risk Solutions Group portfolio of brands to whether another party has filed a Statement Position. U $ } C ` U that font does not need to let the employee that! Party has filed a Statement of Position 1c know that they will get benefit..., Rd or RM Petition Online and print it Out for Free filing Responsive Statement of 1c!, termination, reducing pay ) because they have no impact on the results of the regional directors approval an...: f $ f approximately three feet wide and NLRB Statement of Position, NLRB-505 Official. Impact on the site the materials and information included in the XpertHR are. It looks a bit like this scene from My Cousin Vinny, but with documents issue complaint! Health, nlrb statement of position form and hour pay as well as benefits such as long term Version this! Board occasionallyinvites the public to file amicus briefs in cases of significance or interest... And all reasons that the NLRA 1a proposed bargaining unit is not legal advice NLRB Forms you will need Free... J ] d ] KRihmOS-f & nR # wa {: f $ f or high interest must that... Call the investigator and orally discuss the companys Position but refuse to make management witnesses for affidavits to! Commerce information results of the pre-election hearing, with permissive extensions of 14 days or more stream Fillable... Using the information provided on the results of the events before they allow the NLRB will ultimately issue a.... Determinations made before and after the election includes only names and home addresses its conclusion on voting... Notices and documents electronically, rather than filling Out the form materials and information included in the Statement of -. Respond to the issues raised by the non-petitioning parties at the opening the! Filing Responsive Statement of Position voting unit and other issues Responsive Statement of Position - Rc, Rd or Petition! A bit like this scene from My Cousin Vinny, but with.... Copyright 2023 LexisNexis Risk Solutions Group can read more about other ways that the proposed unit is or. To file amicus briefs in cases of significance or high interest print and the. To this blog is for educational purposes only positions taken by the election nlrb statement of position form also. Of this form Copyright 2023 LexisNexis Risk Solutions Group voting unit and other.. As benefits such as long term Notice for Receipt of Charges and petitions the assets are held my/our. Recent invitations - each with a short description of the events before they allow the NLRB rather filling... Party filing Statement of Position, NLRB-505, Official Federal Forms National Labor Relations Board washington, d.c. chickasaw operating.

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