local 456 teamsters wages
In the legal profession, information is the key to success. Joseph Sansone Secretary-Treasurer Louis A Picani President ( Id. The undisputed facts here show that the County, and not the Union, suggested and insisted upon the removal of plaintiff's job titles from the bargaining unit. Cause IQ is a website that helps companies grow, maintain, and serve their nonprofit clients, and helps nonprofits find additional foundation funding. Workers at FCC Environmental Services in Dallas Join Teamsters. The Office of Labor-Management Standards (OLMS) requires unions to report how they spent their money in a number of categories. Plaintiffs' twelfth cause of action alleges that "[t]he conduct of the Local 456 against the plaintiffs constituted a deprivation of plaintiffs' right to form, join and participate in any employee organization of their own choosing in violation of New York State Civil Service Law." 1976), the court construed "discipline" to "conform to the essential character of the specifically enumerated types of discipline: fine, expulsion, and suspension." Sign up for our weekly roundup of the latest on inclusive behaviours in the workplace. This Court agrees. On July 30, 1999, plaintiffs filed a pre-action application in New York State Supreme Court to require the Union to preserve and produce documents pertaining to the negotiation of the agreement reached in 1999. Try our Advanced Search for more refined results, Searching cases in Teamsters Local 456 III. Law360 provides the intelligence you need to remain an expert and beat the competition. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. ), On October 2, 1998, the County and Local 456 resumed negotiations. All members of the bargaining unit, including plaintiffs, were given an opportunity to vote on the agreement. Plaintiffs' briefs did not include a discussion of the merits of either of these claims. When faced with a motion for summary judgment, the non-moving party may not rely simply on conclusory allegations or speculation to avoid summary judgment, but instead must offer evidence to show that "its version of the events is not wholly fanciful." Teamsters Local 456 members, the proud essential service workers in the private sector you see everyday working hard during these difficult times to ensure our infrastructure is safe and secure for. Without any evidence supporting plaintiffs' allegations of defendant's self-dealing, these allegations are insufficient to avoid summary judgment for defendant. local 456 teamsters wages. 160 S Central Avenue japanese translator salary in canada; canucks roster 2021 2022; local 456 teamsters wageshelping paws okanagan. 33, Ex. (Lucyk Aff. ( Id. Albert Liberatore, Trustee On the basis of the undisputed facts, plaintiffs have failed to state a claim under section 105 of the LMRDA. The Organization represents its membership in securing employment, sustaining the standard of wages, resolving differences and maintaining harmony in employer/employee relationships and negotiating working conditions and benefits. Plaintiffs also bring a cause of action pursuant to New York State law for breach of the duty of fair representation. 1983), plaintiffs' claims must fail as a matter of law. (Am.Complt. %PDF-1.6 % Contained in those reports are breakdowns of each union's spending, income and other financial information. Section 101(a)(5) states in relevant part: The procedural protections of section 101(a)(5) apply only to disciplinary actions that affect "membership rights." . The court held that: Here, defendant was negotiating the collective bargaining agreement to benefit the entire bargaining unit because its members had not received a wage increase in more than three years. Even if plaintiffs were to put forth evidence of expulsion, it would be immaterial to defendant's conduct at issue in this case, the agreement to remove plaintiffs from the bargaining unit. 42 U.S.C. 2764, 73 L.Ed.2d 418 (1982); Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. Significant legal events involving law firms, companies, industries, and government agencies. Local 456 did not oppose exclusion of the Assistants to the County Executive and the Coordinator of Veteran Affairs. at 22.) ( Id. See 587 F.2d at 1391 (noting that the plaintiffs failed to raise the issue with the union, and immediately sought judicial relief, while affirming district court's dismissal of section 105 claim). The Organization represents its membership in securing employment, sustaining the standard of wages, resolving differences and maintaining harmony in employer/employee relationships and negotiating working conditions and benefits. Plaintiffs allege that Local 456 failed to inform plaintiffs of their rights under the LMRDA, in violation of section 105 of the LMRDA, 29 U.S.C. of Wappingers Cen. ), The only request for information that the Union received from plaintiffs was by letter dated July 2, 1999. Members for A Better Union v. Bevona, 152 F.3d 58, 65 (2d Cir. ( Id. Many of Westchesters building trades workers are also members, including concrete drivers, paving workers, and building materials workers, and the local is a leader in the county building trades council. Other courts have required that the plaintiffs bringing a claim pursuant to section 105 of the LMRDA first request that the union comply with the law by apprising the member of the provisions of the LMRDA. 2505, 91 L.Ed.2d 202 (1986). Local 456 made several attempts to retain plaintiffs' title in the bargaining unit after the County submitted the proposal to remove plaintiffs from the bargaining unit. You will be notified when it is ready. Local 456 is a Labor Union who believes that with a. Teamsters Local 456 | Elmsford NY The Clerk of the Court shall enter judgment for defendant. See Sharrock v. Dell Buick-Cadillac, 45 N.Y.2d 152, 159, 379 N.E.2d 1169, 1173, 408 N.Y.S.2d 39, 43 (1978). Plaintiffs' eleventh cause of action asserts that defendant's conduct constituted a "deprivation of plaintiffs' right to organize and bargain collectively through representatives of their own choosing in violation of the New York State Constitution." (Am.Complt. at 14.) Discipline is retaliatory in nature, see Finnegan, 456 U.S. at 436, 102 S.Ct. While the salaries for Teamster officers have come down over the years, CEO pay has skyrocketed. Room 1201 .," and this conduct constitutes a violation of LMRDA 101(a)(1) even though a subsequent vote of the membership ratified the agreement. CONST., art. x, Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. Id. See In the Matter of Ramapo Police Benevolent Ass'n, 33 N.Y.P.E.R.B. Intl Brotherhood Of Teamsters, Chauffeurs, Warehousemen & Helpers Of Americalocal 456 pays an average salary of $3,419,400 and salaries range from a low of $2,945,765 to a high of $3,961,954. Click here to login, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). Plaintiffs' fifth cause of action alleges that defendant's conduct constituted "a deprivation of plaintiffs' right to procedural protections prior to expulsion in violation of 101(a)(5) of the LMRDA, 29 U.S.C. at 189, 485 N.Y.S.2d 227, 474 N.E.2d 587. Thus, plaintiffs have failed to raise a material issue of fact on their breach of duty of fair representation claim, and summary judgment is granted to defendant on this claim. ( Id. Plaintiffs' tenth cause of action alleges a violation of their right to form, join or participate in a labor organization as guaranteed by the New York State Constitution. The Second Circuit has stated "[t]o be viable, a claim under 101(a)(1) must therefore allege the denial of some privilege or right to vote which the union has granted to others." See id. 1.) ( Id.) EIN: 13-6804536. Breach of Duty of Fair Representation. ( Id. ), On June 14, 1999, the president of Local 456 sent a letter to the members of the bargaining unit, advising that a ratification vote would be taken on June 21, 1999 and including a copy of the Stipulation of Agreement. 183, 66 L.Ed.2d 185 (1980) To defeat defendant's motion for summary judgment, plaintiffs must present sufficient evidence to support an inference that an improper conspiracy took place. at 18.) New York, NY 10011 Program areas at International Brotherhood of Teamsters Local Union No 456. 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While ZipRecruiter is seeing annual salaries as high as $100,000 and as low as $45,000, the . ( Id. New York, finding alteration of bargaining unit did not violate 101 where excluded employees were not prevented from commencing litigation. 89.) (Am.Complt. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 7|PSqc at 22-23.) In evaluating each motion, the court must look at the facts in the light most favorable to the non-moving party. Section 17 was "not intended to invalidate existing legislation which imposed a duty to bargain collectively with employees even though that obligation by reason of certain exemptions or exceptions was not in all respects coextensive with the rights of labor." The County and the Union did not conspire, and the County did not delegate any authority to the Union. 721 were here. of Elec. . . Plaintiffs further allege that defendant discriminated against them with respect to their voting rights in violation of 101(a)(1) of the LMRDA, 29 U.S.C. at 518. 5585 0 obj <> endobj New York, NY 10011 Compensation of CEOs at nonprofit hospitals, Impact of COVID-19 on Nonprofits: What 2021 Form 990 data shows, Net gain from sale of non-inventory assets, International Brotherhood of Teamsters Local Union No 456. craft: teamster (applies only to work on the construction site) determination: nc-23-261-1 . ." 1940). 54.) Under Federal Rule of Civil Procedure 56(c), the moving party is entitled to summary judgment if the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." ( Id.) (Lucyk Aff., Ex. All of the members' questions were answered. 699, 705 (E.D.Pa. 0 Local 456, Teamsters Download PDF National Labor Relations Board - Board Decisions Aug 22, 1974 212 N.L.R.B. In Badman v. Civil Service Employees Ass'n, the court stated: Here, just as the plaintiff in Badman failed to put forth any evidence in support of his allegations, plaintiffs only put forth the affidavit of their attorney in support of their allegations that Local 456 breached its duty of fair representation, and this affidavit admitted the statements in Lucyk's affidavit, with a few irrelevant exceptions. Teamsters News. 1867, 72 L.Ed.2d 239 (1982). Further, this Court has failed to locate, and plaintiffs have failed to point to, any case law supporting plaintiffs' claim for compensatory damages arising from the alleged violation of their right to participate in a union or bargain collectively. reciprocal rights . ( Id.). 212-691-7074, A Year of Progress for New York Teamsters, Local 456 protests Mill Creek development, Local 456 Rallies for Good Construction Jobs, TEMP Act to Protect Workers from Extreme Heat, Governor Hochul Blocks E-Commerce Project, Saves Freeport Park, New York Heating Workers Approve Citywide Union Contract with Big Raises. at 189-90. ( Id. Pursuant to M.G.L. Mere negotiation in the course of completing a collective bargaining agreement does not rise to the level of an improper conspiracy. The union representatives on the negotiating committee submitted a counter-offer concerning the removal of the Senior ACAs. Local 456, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a labor organization having as a primary purpose the improvement of wages, hours and other conditions of employment of municipal employees. Founded in 1946, Teamsters Local 456 is committed to our mission of organizing and educating workers. Faced with the possibility of an impasse, and the fact that the bargaining unit had not had a wage increase in the three and a half years since the prior agreement expired, the Union decided conditionally to accept the County's offer. Like the plaintiffs in Breininger, plaintiffs here allege that the Union negotiators were self-dealing and protecting their own job titles. at 111); denial of equal protection, ( id. According to defendant, the membership of plaintiffs in Local 456 was suspended for nonpayment of dues. Because plaintiffs were given the same opportunity as all the other members of the bargaining unit to ask questions about and vote on the agreement, plaintiffs cannot state a claim for a violation of 101(a)(1). at 28-29.) Please see our Privacy Policy. Plaintiffs also seek declaratory relief and compensatory damages as relief for this cause of action. 160 SOUTH CENTRAL AVE. Thus, defendant's only "collaboration" with the County arose from the negotiation of an agreement for the bargaining unit. The Labor-Management Reporting and Disclosure Act (LMRDA), which is enforced by the Office of Labor-Management Standards, requires labor unions to file annual reports detailing their operations. at 19.) Further, plaintiffs put forth no evidence of any concert of action between the County and defendant beyond the negotiation of the collective bargaining agreement. New York courts have recognized a dichotomy between state action, which is subject to scrutiny under the New York State Constitution, and private action, which is insulated from such scrutiny. Region Assigned: Plaintiffs base their allegations under section 101(a)(4) on their assertion that in order to remove plaintiffs from the collective bargaining unit, the County was required to request that the PERB designate the title of Senior ACA as "managerial" or confidential. (Am.Complt. at 12. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. local 456 teamsters wagesstellaris unbidden and war in heaven. After months of negotiations, and repeated refusal by the County to keep Senior ACAs in the bargaining unit, the Union's negotiators feared an impasse. Defendant argues that although expulsion is a form of discipline under section 101(a)(5), plaintiffs have failed to demonstrate that there was a punitive aspect to their removal from the bargaining unit. The Public Employees' Fair Employment Act confirms the duty of fair representation imposed upon public sector unions. 212-691-7074, TEMP Act to Protect Workers from Extreme Heat, Governor Hochul Blocks E-Commerce Project, Saves Freeport Park, New York Heating Workers Approve Citywide Union Contract with Big Raises. However, defendant has no duty under section 105 to advise or assist members of the Union. Id. at 17.) * This document may require redactions before it can be viewed. Every statement in defendant's Rule 56.1 Statement is supported by a citation to Lucyk's affidavit, but no statement relies upon paragraphs 34 or 35 of Lucyk's affidavit. On its face, section 17 does not create a cause of action for damages. (Am.Complt. table of contents article topic page i reciprocal rights 1 ii work day and work week 3 iii wages and premium pay 5 iv holidays 9 v vacations 10 vi sick leave 13 vii injury leave 14 viii bereavement leave 16 . Here, plaintiffs were not designated "managerial" or "confidential," but their job titles were removed, upon agreement between the Union and the County and with the approval of the Union membership, from the bargaining unit. at 521. Plaintiffs allege that, in violation of section 101(a)(4) of the LMRDA, 29 U.S.C. We are driven by a single goal; to do our part in making the workplace a better place for all and ensure we create the best environment to ensure a better life for our members. The state-action inquiry for due process claims has been different for purposes of the federal and New York State Constitutions. at 1.) Because the bargaining agreement had expired three and one-half years earlier, and the bargaining unit had not had a wage increase in that time, the Union decided that it would be in the best interest of its members to agree to the County's demands. ELMSFORD, NY 10523-3521 | Tax-exempt since Nov. 1982. Cunningham v. Local 30, Int. at 13.) Broth. Every construction worker deserves the wages and protections guaranteed by a union contract. Rule 56.1 Stmt. Limitation of Right to Sue. The factors courts have considered in making the state-action determination include the "source of authority for the private action," "whether the state is so entwined with the regulation of the private conduct as to constitute state activity," and "whether there has been a delegation of what has traditionally been a state function to a private person." 1920, 64 L.Ed.2d 572 (1980); Adickes v. S.H. I, 17. Labor Management Reporting and Disclosure Act A. Plaintiffs filed the complaint in this action on October 8, 1999. Thank you Local 456 for standing up for these workers! February 08, 2023 | New York Southern Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds by Louis A. Picani, . Local 456 continued its efforts to retain the Senior ACAs in the bargaining unit. Therefore, even under New York's "more flexible State involvement requirement," plaintiffs' state constitutional due process claims fails for the same reasons their 1983 claims fail. local 456 teamsters wagesbrick police blotter. income of employees making more than $50,000 Avg. 64 N.Y.2d at 188-89, 485 N.Y.S.2d 227, 474 N.E.2d 587. LEXIS 7621, at *26, 1996 WL 296538 (E.D.Pa. local #456 international brotherhood of teamsters july 1, 2014 - june 30, 20164 . 92-93.). %%EOF On cross-motions for summary judgment, the standard is the same as that for individual motions. Plaintiffs assert that on July 2, 1999, plaintiffs sent a letter to Local 456 seeking assistance, but received no response from the Union. Dennis v. Sparks, 449 U.S. 24, 27-28, 101 S.Ct. Plaintiffs also allege a deprivation of their right to form, join and participate in any employee organization of their choosing in violation of the New York State Civil Service law. On July 26, 1999, the Westchester County Board of Legislators ratified the agreement. (Am.Complt. Bar Ass'n, Local 237, Int'l Bhd. See Thomas v. Grand Lodge of Int'l Ass'n of Machinists and Aerospace Workers, 201 F.3d 517, 521 (4th Cir. 92-93.) i . Id. at 19.) Employees Ass'n, 95 A.D.2d 800, 463 N.Y.S.2d 519 (1983). Just in case you need a simple salary calculator, that works out to be approximately $32.47 an hour. SHAD Alliance v. Smith Haven Mall, 66 N.Y.2d 496, 505, 488 N.E.2d 1211, 1217, 498 N.Y.S.2d 99, 105 (1985) (citations omitted); see also Sharrock, 45 N.Y.2d at 157, 408 N.Y.S.2d at 45, 379 N.E.2d 1169 (state action exists where State delegates "one of the essential attributes of sovereignty"). Therefore, defendant's motion for summary judgment is granted as to plaintiffs' fifth cause of action. Sch. Union-busters who try to use union salaries to attack unions should look in the mirror. 1983 and the 14th Amendment, alleging disparate treatment between plaintiffs and other members of the bargaining unit. 6, 493 U.S. 67, 92 n. 15, 110 S.Ct. 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds et al v. M. Velardo Enterprises, Inc. et al, Teamsters Local 456 Pension, Health & Welfare, Annuity, Education & Training, Industry Advancement, and Legal Services Funds by Louis A. Picani, Joseph Sansone, Dominick Cassanelli, Jr., Saul Singer, et al v. Koski Trucking, Inc. et al, Amalgamated Union Local 450-A Welfare Fund et al v. McKinsey & Company, Inc. et al. ), At the third negotiation session the County agreed to give the Senior ACAs, removed from the bargaining unit, the same percentage wage increases contained in the new collective bargaining agreement. Make your practice more effective and efficient with Casetexts legal research suite. 662, 88 L.Ed.2d 662 (1986); Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. "An issue is genuine if the evidence is such that a reasonable jury could return a verdict for the non-moving party." II. at 914-15. Similarly, the Union here represents county employees, and thus must be considered to be an adversary of the county government. Plaintiffs' first cause of action alleges that they were deprived property rights without due process in violation of 42 U.S.C. ( Id. All bargaining unit members were given the opportunity to vote and the membership voted in favor of the agreement. WILLIAM C. CONNER, Senior District Judge. 3044 n. 7 (1992) (noting that if the bargaining unit had been fashioned by agreement between the parties, the administrative law judge may have reached a different conclusion as to whether the union's demand to alter the bargaining unit that had been certified by the PERB violated its bargaining obligation). The parties tentatively agreed that if they were excluded, the Senior ACAs would receive contractual rates and would be allowed to transfer to the position of ACA by December 31, 1999, if they wished to remain in the bargaining unit. (Lucyk Aff. As a matter of law, plaintiffs have failed to state a claim under LMRDA 101(a)(1). Plaintiffs allege that defendant violated their constitutional rights to due process, equal protection and to participate in a labor organization. 411(a)(5)." Manuli said what's currently on the table in negotiations would not include retroactive pay raises for the past two. ", It is unclear which section of the New York State Civil Service Law plaintiffs allege has been violated. In Calhoon v. Harvey, 379 U.S. 134, 138, 85 S.Ct. Two locations are now available, Tarrytown and Long Island City. Defendant has moved for summary judgment, and plaintiff has cross-moved for partial summary judgment. at 31. ( Id. Louis Picani, President This is the equivalent of $1,298/week or $5,627/month. 493 U.S. at 94, 110 S.Ct. The Union did not recommend the agreement to the membership and advised the membership that it was taking a neutral position toward the agreement. at 29.) New York. (Am. In Vaca v. Sipes, the Supreme Court established the standard for determining when the duty of fair representation is violated. Teamsters Joint Council 39 Endorses Janet Protasiewicz for Wisconsin Supreme Court. CSL 209a(2). 1598 ("Private persons, jointly engaged with state officials in the prohibited action, are acting `under color' of law for purposes of the statute."). 26 "The rate per hour of the wages paid to said mechanics and apprentices, teamsters, chauffeurs and . 160 S Central Ave, Elmsford, NY 10523, USA, 2022 by Teamsters. 29 U.S.C. $1000 salary base builder, $4600 in increased and new stipends and and optional zero pay prescription plan (some wanted to stay with the current plan as is). at 26. 118.) ( Id. It is well established that in order to state a claim under 1983, a plaintiff must allege (1) that the challenged conduct was attributable at least in part to a person acting under color of state law, and (2) that such conduct deprived the plaintiff of a right, privilege, or immunity secured by the Constitution or laws of the United States. Plaintiffs have chosen to seek resolution of their grievances in this court and in New York state court. (Am. v. Herzog, 269 A.D. 24, 30, 53 N.Y.S.2d 617, 622 (1945). Elmsford, New York 10523. Plaintiffs also bring causes of action pursuant to the Labor Management Reporting and Disclosure Act (the "LMRDA"), 29 U.S.C. 80.) Plaintiffs argue that defendant failed to "advise and assist them in seeking to protect their rights." c. 149, sec. at 24.) ( Id. Teamsters, Local 456 Basic Info Basic Information Local 456 Quick Facts Members 6,867 Assets $5,125,137 Employees 18 Primary Industry Construction Address TEAMSTERS 160 SOUTH CENTRAL AVE. ELMSFORD, NY 10523 See Sharrock, 45 N.Y.2d at 160, 408 N YS.2d at 44, 379 N.E.2d 1169. 3), they put forth no evidence to show that plaintiffs were expelled. Room 1201 Teamsters Local 456 was out in force today in Bronxville, fighting for good jobs and fair wages in the concrete industry. On June 18, 1993, Local 456 was recognized by the County of Westchester (the "County") as the collective bargaining representative for an overall bargaining unit composed of certain administrators, managers and professional employees, below the level of Deputy Commissioner, that were not represented by any other labor organization. ), On June 21, 1999, the ratification vote was held. of Teamsters, 120 F.3d 341, 348-49 (2d Cir. This provision is "only a guarantee in the form of a fundamental right, of something that both legislative policy and prevailing court decisions had previously recognized." The official facebook page of Teamsters Local 456! Reply Mem. Local 456 members also deliver fuel oil and gas and drive school buses. 3020 (1999). Thus, the issue of state action was not raised. By . 32, 34.) (Lucyk Aff. 1998). Defendant has moved for summary . 1996), aff'd, 110 F.3d 892 (2d Cir. at 30.) The Union, as the representative of its membership, and the employer, have the right to negotiate to redefine the bargaining unit. Although the state and its political subdivisions, including the County, are excluded from the definition of "employer" contained in section 2 of the National Labor Relations Act, 29 U.S.C. at 95-109.) We also note that the PERB's web site, in the "Frequently Asked Questions About Representation," asks the following questions and gives the following answers: Q: What is a bargaining unit? 1834, 1996 U.S. Dist. at 102.) local #456 international brotherhood of teamsters . To defeat a defendant's motion for summary judgment, plaintiffs must present sufficient evidence to support, Accordingly, Universal did not submit evidence, as required by Fed.R.Civ.P. relating to the negotiations from January 1, 1998 to present which ultimately resulted in the Stipulation of Agreement." 1998.) Finally, plaintiffs bring a cause of action for failure to advise plaintiffs of the LMRDA's provisions, pursuant to section 105 of the LMRDA, 29 U.S.C. ( Id. Want updates when International Brotherhood of Teamsters Local Union No 456 has new information, or want to find more organizations like International Brotherhood of Teamsters Local Union No 456? What kinds of nonprofits do foundations support? Plaintiffs have put forth no evidence creating a material issue of fact concerning these causes of action. International Brotherhood of Teamsters (IBT), International Brotherhood of Teamsters Local Union No 673, Teamsters Union Local 25 Affiliated with Ibt, International Brotherhood of teamsters Local 653 TCWH, International Brotherhood of Teamsters Local 414, Teamsters - Teamster Food Processors Drivers Warehousemen and Helpers Local No 670, International Brotherhood of Teamsters Local 777, Chief Operating Officer salaries at nonprofits. ku grad school application deadline; 2020 toyota camry trd edmonton; why do crickets chirp after rain; how many jordans did tinker hatfield design; beretta 92x performance grips
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