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Scott v. Gino Morena Enter. (9th Cir. 16-56200 4/27/18) Title VII Limitations Period/Continuing Violation
The panel affirmed in part and reversed in part the district court's summary judgment in favor of the defendant on claims under Title VII of the Civil Rights Act of 1964.
The panel held that, under 42 U.S.C. § 2000e-5(f)(1), the 90-day period for filing a civil action, following exhaustion of administrative remedies, begins when the aggrieved person is given notice of the right to sue by the Equal Employment Opportunity Commission, rather than when the person becomes eligible to receive a right-to-sue notice from the EEOC. Accordingly, the plaintiffs' claims based on her first administrative charge were timely.
The panel held that the plaintiff's claims based on a second administrative charge were untimely, but she could base her Title VII claims on the defendant's alleged acts occurring after she filed her first administrative charge to the extent she could show such acts were part of a single hostile work environment claim.
The panel affirmed the district court's grant of summary judgment only as to claims based on discrete discriminatory or retaliatory acts occurring after the plaintiff filed her first administrative charge. The panel otherwise reversed and remanded.
Curry v. Equilon Enterprises, LLC (CA4/2 E065764 4/26/18) Wage and Hour/"Employer"
Plaintiff and appellant Sadie M. Curry brought a class action case against defendant and respondent Equilon Enterprises, LLC, doing business as Shell Oil Products US (Shell). Curry's causes of action included (1) failure to pay overtime compensation; (2) failure to pay for missed break periods; and (3) unfair business practices (Bus. & Prof. Code, § 17200). The trial court found Shell was not Curry's employer and therefore granted Shell's motion for summary judgment. Curry contends the trial court erred in its finding and by granting summary judgment. We affirm the judgment.
Casino Pauma v. NLRB (9th Cir. 16-70397 4/26/18) NLRA/Commercial Gaming on Tribal Lands
The panel granted the National Labor Relations Board's petition for enforcement of its order; denied Casino Pauma's petition for review; and upheld the Board's conclusions that it may apply the National Labor Relations Act ("NLRA") to the relationship between employees working in commercial gaming establishments on tribal lands and the tribal governments that own and manage the establishments, and that Casino Pauma committed unfair labor practices in violation of the NLRA by trying to stop union literature distribution.
The panel held that the Board affirmatively waived any preclusion defense before this court, deciding instead to litigate the question of its ability to regulate tribes under the NLRA on the merits.
The panel held that although the NLRA was ambiguous as to its application to tribal employers, the Board's determination that such employers were covered by the NLRA was a "reasonably defensible" interpretation of the NLRA. The panel also held that, contrary to Casino Pauma's contentions, application of federal Indian law did not produce a different result in this case. The panel held that there was no conflict between the NLRA and the Indian Gaming Regulatory Act, and concluded that Casino Pauma's compact with California did not displace the application of the NLRA to its activities.
The panel held that there was no exhaustion bar to consideration of Casino Pauma's main argument under Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), that it did not violate NLRA section 8(a)(1) when it prevented employees from distributing union literature to customers in front of the casino. The panel concluded that the Board properly interpreted Republic Aviation's holding concerning NLRA section 7 to reach employees' customer-directed union literature distribution on non-work time in non-work areas of the employer's property. The panel further held that the Board reasonably applied to Casino Pauma its literature distribution rules concerning casinos. The panel held that the Board's conclusion that Casino Pauma violated its employees' NLRA right to distribute union literature was adequately supported, both by the applicable legal principles and the record.
Glaviano v. Sacramento City Unified School District (CA3 C077743 4/26/18) Reinstatement of Teacher/Reasonable Attorneys' Fees
After Jerald Glaviano interceded in a confrontation between two of his students, the Sacramento City Unified School District (the District) placed him on unpaid leave and issued an accusation and a notice of intent to dismiss or suspend him without pay. Following a hearing, the Commission on Professional Competence (Commission) dismissed the accusation and ordered the District to reinstate Glaviano to his former position with back pay and benefits.
Education Code section 44944 provides that if the Commission determines an employee should not be dismissed or suspended, the governing board of the school district shall pay "reasonable attorney's fees incurred by the employee." Glaviano requested fees based on the prevailing hourly rate for similar work in the community, but the trial court concluded the fee award must be based on the reduced hourly rate Glaviano's counsel actually charged. Because Glaviano stood by his assertion that the actual rate charged is irrelevant and privileged, the trial court denied his request for attorney's fees.
The issue presented on appeal is whether the phrase "reasonable attorney's fees incurred by the employee" in section 44944 necessarily limits a fee award to fees actually charged. We conclude it does not. In determining the reasonable fees to which Glaviano is entitled, the trial court should apply the lodestar method: the reasonable hours spent, multiplied by the prevailing hourly rate for similar work in the community. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131-1132 (Ketchum); Meister v. Regents of Univ. of California (1998) 67 Cal.App.4th 437, 446, 449; see Serrano v. Priest (1977) 20 Cal.3d 25, 48-49 (Serrano III).)
Accordingly, we will reverse the trial court's order.
http://www.courts.ca.gov/opinions/documents/C077743.PDF
Chavez v. JPMorgan Chase (9th Cir. 16-55957 4/20/18) Diversity Jurisdiction/Amount in Controversy "as of time of removal"
The panel held that the amount-in-controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332 was satisfied.
Elsa Chavez sued her former employer in California state court, and the employer removed to federal district court on the basis of diversity jurisdiction.
The panel held that the amount in controversy was not limited to damages incurred prior to removal – for example, it was not limited to wages a plaintiff-employee would have earned before removal (as opposed to after removal). The panel further held that the amount in controversy was determined by the complaint operative at the time of removal and encompassed all relief a court may grant on that complaint if the plaintiff was victorious.
The panel applied the standard and concluded that the amount-in-controversy standard was easily satisfied in this case. The panel reviewed the merits of the district court's summary judgment decision in a concurrently filed memorandum disposition.
County of Los Angeles v. Los Angeles County Civil Service etc. (CA2/1 B278519 4/18/18) Civil Service Commission Hearing/Wiretaps
Based on phone calls legally intercepted by law enforcement during a drug trafficking investigation, investigators came to believe that Carlos Arellano (Arellano), then a detective with the Los Angeles County Sheriff's Department (Sheriff's Department), was associating with known narcotic felons, using his law enforcement status to obtain inside information from the department to provide to individuals involved in illegal narcotic activity, and was himself involved in cultivating marijuana. As the Sheriff's Department expanded its criminal investigation to include Arellano, it sought a court order releasing the wiretap recordings, and transcripts from those recordings, to the Sheriff's Department for use against Arellano. The court's order permitted the district attorney to release the wiretap evidence to the Sheriff's Department and further authorized testimony regarding the evidence pursuant to Penal Code section 629.78.
Although the Sheriff's Department closed its criminal investigation without filing charges, the department later sought to discharge Arellano from his position. During the civil service commission hearing that followed, the Sheriff's Department attempted to use the intercepted calls during the administrative proceeding. The hearing officer granted Arellano's motion to suppress the calls and ultimately recommended that the Arellano only receive a five day suspension without pay. The civil service commission adopted the recommendation. The County of Los Angeles then filed a petition for writ of administrative mandamus in superior court. The superior court denied the petition. We affirm.
Shapira v. Lifetech Resources (CA2/4 B283445 4/17/18) Breach of Employment Contract/ Prevailing Party
Appellant Achikam Shapira sued his former employer, Lifetech Resources, LLC, for breach of an employment contract. The case proceeded to a bench trial; the parties presented their evidence and rested. The parties and court agreed that the parties would submit closing arguments in written briefs. Before Shapira submitted his closing argument brief, he requested that the court dismiss the case pursuant to Code of Civil Procedure, section 581, subdivision (e) (section 581(e)), which provides, "After the actual commencement of trial, the court shall dismiss the complaint . . . with prejudice, if the plaintiff requests a dismissal . . . ."
The court denied Shapira's request to dismiss the case. After the parties filed their closing argument briefs, the court entered a statement of decision and judgment in Lifetech's favor. The court also held that Lifetech was the prevailing party pursuant to Civil Code section 1717, and awarded costs and $137,000 in attorney fees to Lifetech.
Shapira appealed the order awarding attorney fees. He argues that the court should have dismissed the case under section 581(e), and therefore the court's award of attorney fees was erroneous under Civil Code section 1717, subdivision (b)(2) (section 1717(b)(2)), which states, "Where an action has been voluntarily dismissed or dismissed pursuant to a settlement of the case, there shall be no prevailing party for purposes of this section."
We agree with Shapira and reverse. Section 581(e) provides a right to dismiss a case before the completion of trial, and the court erred by refusing to dismiss the case upon Shapira's request. As such, there was no prevailing party under section 1717(b)(2), and the attorney fees award was erroneous.
Castillo v. Glenair, Inc. (CA2/2 B278239 4/16/18) Joint Employer Settlement/Res Judicata
In a joint employer arrangement, can a class of workers bring a lawsuit against a staffing company, settle that lawsuit, and then bring identical claims against the company where they had been placed to work. We answer no.
This wage and hour putative class action involves the relationship between a temporary staffing company (GCA Services Group, Inc. (GCA)), its employees (appellants Andrew and David Castillo), and its client company (respondent Glenair, Inc.). The Castillos were employed and paid by GCA to perform work on site at Glenair. Glenair was authorized to and did record, review, and report the Castillos' time records to GCA so that the Castillos could be paid. The Castillos characterize GCA and Glenair as joint employers. As explained below, the undisputed facts of this case demonstrate both that Glenair and GCA are in privity with one another for purposes of the Castillos' wage and hour claims, and that Glenair is an agent of GCA with respect to GCA's payment of wages to its employees who performed services at Glenair.
These findings of privity and agency are significant. While this case was pending, a separate class action brought against, among others, GCA resulted in a final, court-approved settlement agreement. (Gomez v. GCA Production Services, Inc. (Super. Ct. San Bernardino County, 2014, No. CIVRS1205657 (Gomez).) The Gomez settlement agreement contains a broad release barring settlement class members from asserting wage and hour claims such as those alleged here against GCA and its agents. The Castillos are members of the Gomez settlement class and did not opt out of that settlement.
The Castillos present claims against Glenair involve the same wage and hour claims, for the same work done, covering the same time period as the claims asserted in Gomez. Thus, because Glenair is in privity with GCA (a defendant in Gomez) and is an agent of GCA, the Gomez settlement bars the Castillos' claims against Glenair as a matter of law.
The Castillos appeal the trial court's grant of summary judgment. As discussed below, however, we conclude summary judgment was proper.
Tanguilig v. Neiman Marcus Group, Inc. (CA1/4 A141383 4/16/18) Wrongful Termination/Tolling
Appellant Bernadette Tanguilig brought suit against her former employer, Neiman Marcus Group, Inc. (NMG), alleging a combination of individual and class claims for wrongful termination in violation of public policy and multiple violations of the California Labor Code. Early in the trial court proceedings, NMG successfully demurred to Tanguilig's wrongful termination and related claims, and several years later, moved to dismiss the remaining claims pursuant to California's five-year dismissal statute, Code of Civil Procedure section 583.310. The trial court granted the motion and dismissed the suit. On appeal, Tanguilig urges us to overturn the five-year dismissal order, arguing primarily that the trial court erred in failing to toll the five-year clock under section 583.340, subdivision (c), for the period during which an order compelling co-plaintiff Juan Carlos Pinela to arbitration was in effect. Tanguilig also appeals an order sustaining NMG's demurrer and an award of prevailing-party costs to NMG.
Finding no merit to any of the assigned errors, we affirm.
The Police Retirement System of St. Louis v. Page (CA6 H043220 4/16/18) Antitrust Action on Employee Recruitment/Shareholders' Derivative Action Statute of Limitations
In this derivative action, shareholders of Google, Inc. allege the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors. The trial court granted the defendants' summary judgment motion, finding the action barred by the applicable statute of limitations. We will affirm.
http://www.courts.ca.gov/opinions/documents/H043220.PDF
Riske v. Superior Court (CA2/7 B283035 4/16/18) Retaliation/Peace Officer Personnel Records
Robert Riske, a retired Los Angeles police officer, sued the City of Los Angeles alleging the Los Angeles Police Department had retaliated against him for protected whistleblower activity by failing to assign or promote him to several positions and selecting instead less qualified candidates. Riske filed a discovery motion pursuant to Evidence Code sections 1043 and 1045 to obtain certain summary personnel records relied on by the City in making assignment and promotion decisions. After the superior court erroneously ruled those records were not subject to discovery because the officers selected for the positions Riske sought were innocent third parties who had not witnessed or caused Riske's injury, we issued a writ of mandate directing the superior court to vacate its order denying Riske's discovery motion and to enter a new order directing the City to produce those records for an in camera inspection in accordance with section 1045. (See Riske v. Superior Court (2016) 6 Cal.App.5th 647, 664-665 (Riske I).)
The superior court conducted the in camera hearing and ordered the requested personnel records to be produced in accordance with the parties' protective order. However, pursuant to section 1045, subdivision (b)(1), which excludes from disclosure "[i]nformation consisting of complaints concerning conduct occurring more than five years before the event or transaction that is the subject of the litigation" in which discovery or disclosure is sought, the court ordered redaction of all items in those reports concerning conduct that had occurred more than five years before Riske filed his complaint.
Riske again petitioned this court for a writ of mandate directing the superior court to order the City to produce those records without redaction. In response to our inquiry, both Riske and the City agree that, if section 1045, subdivision (b)'s five-year disclosure bar applies at all, it is measured from the date each officer was promoted instead of Riske—the alleged adverse employment action at issue in the litigation—and not the date Riske filed his complaint, as the superior court ruled. However, Riske also argues more broadly that section 1045, subdivision (b), which prohibits disclosure of stale complaints against police officers, has no application to the personnel reports sought in this case. We agree and grant the petition.
Powell v. Bear Valley Community Hospital (CA4/1 D072616, field 3/26/18, pub. ord. 4/16/18) Medical Staff Privileges
The Board of Directors (the Board) of Bear Valley Community Hospital (Bear Valley) denied Dr. Robert O. Powell's advancement from provisional to active staff membership and reappointment to Bear Valley's medical staff. Dr. Powell appeals from the superior court judgment denying his petition for writ of mandate to void the Board's decision and for reinstatement of his medical staff privileges. We affirm.
County of L.A. v. L.A. County Civil Service Com. (CA2/3 B275974 4/12/18) Final Judgment Rule/Interlocutory Order on Civil Service Commission Decision
The County of Los Angeles fired Gregory Merritt, a supervisor in the County's Department of Children and Family Services for (1) failing to adequately supervise a social worker, Patricia Clement, and (2) approving Clement's unjustifiable closure of a case of suspected child abuse without first consulting the Department's records, as required by Department policy. Those records indicated the child – eight-year-old Gabriel Fernandez – was at risk of further abuse and that the file unquestionably should not have been closed. In May 2013, less than two months after Merritt approved closing the file, thereby ending the Department's efforts to protect the child, Gabriel's mother and her boyfriend beat the child to death.
Merritt appealed his discharge to the Civil Service Commission. After taking evidence, a hearing officer found that Merritt had been negligent, but set aside the discharge, instead imposing a 10-day suspension as the only penalty. The County objected to reinstating Merritt. In response, and without reading the record or receiving any further evidence, the Commission adopted the hearing officer's negligence findings, but substituted a 30-day suspension without back pay as the penalty.
The County filed a petition for writ of administrative mandate, asking the Superior Court to overturn the Commission's decision requiring reinstatement and to instead uphold its firing of Merritt. Merritt filed a separate petition for writ of traditional mandate seeking an award of back pay. The Superior Court consolidated the two petitions.
On May 5, 2016, the Superior Court, having concluded the Commission set forth insufficient findings to "bridge the analytic gap" between the evidence of Merritt's failings and its decision to impose a 30-day suspension rather than discharge (or any other possible penalty), partially granted the County's petition, to this extent: it remanded the matter to the Commission with instructions to set aside its decision, make appropriate findings, reconsider the penalty based on those findings, and issue a new decision that includes findings explaining its rationale. The court explicitly stated its order was interlocutory. It did not require or foreclose any particular decision by the Commission and left for future review by that court the core issue of Merritt's discharge or reinstatement. The court denied as moot Merritt's petition for an award of back pay, with the express understanding that it could be revived depending on the Commission's decision. In a colloquy with the judge, Merritt's counsel acknowledged that this interlocutory order would not be subject to appellate review. Nevertheless, Merritt appealed.
In the recent case of Dhillon v. John Muir Health, our Supreme Court reiterated the familiar rule that "[i]n general, an adverse ruling in a judicial proceeding is appealable once the trial court renders a final judgment," (id. at p. 1115) and that the general rule applies equally in administrative mandate proceedings. (Ibid.) It eschewed a one-size-fits-all rule, however, for determining whether an order partially granting a petition for writ of mandate and remanding the matter to an agency or other inferior tribunal is a final judgment, and therefore appealable. Instead, it stated " ' "[a]s a general test, which must be adapted to the particular circumstances of the individual case, . . . where no issue is left for future consideration except the fact of compliance or noncompliance with the terms of the first decree, that decree is final, but where anything further in the nature of judicial action on the part of the court is essential to a final determination of the rights of the parties, the decree is interlocutory." ' " (Ibid.) Dhillon also recognized, however, that an otherwise nonfinal order remanding a matter to an administrative agency may be appealable if the order affects substantial rights and may, as a practical matter, be unreviewable after resolution of the merits of the controversy. (Id. at pp. 1117-1118 & fn. 4.)
Because the May 5, 2016 order from which Merritt purports to appeal left the key issues raised by the parties for future resolution by the trial court, and because the propriety of that order is an issue that could be resolved in any future appeal from a final judgment, the order is not a final judgment and is not appealable. Accordingly, we dismiss Merritt's purported appeal.
Ochoa v. County of Kern (CA5 F073163 4/12/18) Public Safety Officers Procedural Bill of Rights Act
Appellant Arthur Ochoa, formerly employed by the Kern County Sheriff's Office (KCSO) as a deputy sheriff, petitioned for a peremptory writ of mandate commanding respondents County of Kern and Kern County Sheriff Donny Youngblood to set aside his termination and other extraordinary relief to remedy a violation of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.). Ochoa claimed KCSO—in contravention of section 3304, subdivision (d)—failed to complete an administrative investigation of his alleged misconduct and notify him of the proposed disciplinary action within one year of the public agency's discovery by a person authorized to initiate said investigation. The superior court entered an order and judgment denying the petition.
On appeal, Ochoa reiterates his termination was time barred because a KCSO sergeant initiated an investigation of his alleged misconduct on March 25, 2013, and an internal affairs investigator notified him of the proposed termination on August 11, 2014. Respondents assert the one-year statute of limitations period in section 3304, subdivision (d)(1), does not commence until an internal affairs investigation is authorized. Since the sergeant who initiated the investigation on March 25, 2013, was not authorized by department policy to initiate an internal affairs investigation, his investigation did not start the one-year limitations period. They also argue two separate criminal investigations of the misconduct tolled the one-year limitations period. In the published portion of this opinion, we conclude section 3304, subdivision (d)(1), requires the investigation to be completed within one year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of misconduct; although the sergeant could not initiate an internal affairs investigation, he was "a person authorized to initiate an investigation" of the allegation within the meaning of that statute. We, therefore, agree with Ochoa the one-year limitations period commenced March 25, 2013. In the unpublished portion, we conclude KCSO acted in a timely manner because the first criminal investigation sufficiently tolled the limitations period. The order and judgment denying Ochoa's petition are affirmed.
City and County of San Francisco v. Post (CA1/2 A149136 4/11/18) FEHA Housing Discrimination/Section 8
In 1998 the San Francisco Board of Supervisors outlawed discrimination against tenants who pay a portion of their rent with a Section 8, or similar, housing voucher. They did this by amending San Francisco's existing housing discrimination ordinance to outlaw discrimination based on a person's "source of income," a term they defined broadly to include government rent subsidies. (S.F. Police Code, § 3304, subd. (a).) The following year, the California Legislature also expanded the state's Fair Employment and Housing Act (FEHA) to prohibit discrimination based on a tenant's "source of income," but the Legislature defined the term narrowly, so that it does not reach government rent subsidies such as Section 8. (Gov. Code, § 12955, subd. (a).) FEHA does not prevent a landlord from declining to take Section 8 tenants. (Sabi v. Sterling (2010) 183 Cal.App.4th 916 (Sabi).) The question this case poses is whether FEHA preempts San Francisco's ordinance to the extent the local ordinance outlaws discrimination based on a tenant's participation in the Section 8 program. The trial court found no preemption, and we agree.
Squire v. County of Los Angeles (CA2/2 B276887, filed 3/21/18, pub. ord. 4/10/18) Public Safety Officers Procedural Bill of Rights Act
Appellants Matthew Squire (Squire) and Ernesto Masson (Masson) (collectively appellants) appeal from the judgment denying their petition for writ of mandate. They contend the written reprimands they received from the Los Angeles County Sheriff's Department (Department) in September 2014, should be rescinded because they did not receive notice of proposed discipline within the one-year statute of limitations period in the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov. Code, § 3300 et seq.). We disagree and affirm.
Rizo v. Yovino (9th Cir. 16-15372 4/9/18) Equal Pay Act/Prior Salary
Affirming the district court's denial of summary judgment to the defendant on a claim under the Equal Pay Act, the en banc court held that prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees.
Overruling Kouba v. Allstate Ins. Co., 691 F.2d 873 (9th Cir. 1982), the en banc court held that an employee's prior salary does not constitute a "factor other than sex" upon which a wage differential may be based under the statutory "catchall" exception set forth in 29 U.S.C. § 206(d)(1). The en banc court concluded that "any other factor other than sex" is limited to legitimate, job-related factors such as a prospective employee's experience, educational background, ability, or prior job performance. By relying on prior salary, the defendant therefore failed as a matter of law to set forth an affirmative defense. The en banc court remanded the case to the district court.
Concurring, Judge McKeown, joined by Judge Murguia, wrote that she agreed with most of the majority opinion, particularly its observation that past salary can reflect historical sex discrimination. She wrote that the majority, however, went too far in holding that any consideration of prior pay is impermissible under the Equal Pay Act, even when it is assessed with other job-related factors.
Concurring, Judge Callahan, joined by Judge Tallman, wrote that in holding that prior salary can never be considered, the majority failed to follow Supreme Court precedent, unnecessarily ignored the realities of business, and, in doing so, might hinder rather than promote equal pay for equal work.
Concurring in the judgment, Judge Watford wrote that in his view, past pay can constitute a "factor other than sex," but only if an employee's past pay is not itself a reflection of sex discrimination.
Jones v. Royal Admin. Svcs. (9th Cir. 15-17328 4/4/18) Vicarious Liability/Telemarketers/Telephone Consumer Protection Act
The panel filed (1) an order amending its opinion and (2) an amended opinion affirming the district court's grant of summary judgment in favor of the defendant in an action under the Telephone Consumer Protection Act.
The panel held that Royal Administration Services, Inc., could not be held liable under the TCPA for several phone calls made by telemarketers employed by All American Auto Protection, Inc., because the telemarketers did not have actual authority to place the unlawful calls, and Royal exercised insufficient control over the manner and means of the work to establish vicarious liability.
Encino Motorcars, LLC v. Navarro et al. (US 16–1362 4/2/18) FLSA Overtime Exemption
Respondents, current and former service advisors for petitioner Encino Motorcars, LLC, sued petitioner for backpay, alleging that petitioner violated the Fair Labor Standards Act (FLSA) by failing to pay them overtime. Petitioner moved to dismiss, arguing that service advisors are exempt from the FLSA's overtime-pay requirement under 29 U. S. C. §213(b)(10)(A), which applies to "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements." The District Court agreed and dismissed the suit. The Court of Appeals for the Ninth Circuit reversed. It found the statute ambiguous and the legislative history inconclusive, and it deferred to a 2011 Department of Labor rule that interpreted "salesman" to exclude service advisors. This Court vacated the Ninth Circuit's judgment, holding that courts could not defer to the procedurally defective 2011 rule, Encino Motorcars, LLC v. Navarro, 579 U. S. ___, ___–___ (Encino I), but not deciding whether the exemption covers service advisors, id., at ___. On remand, the Ninth Circuit again held that the exemption does not include service advisors.
Held: Because service advisors are "salesm[e]n . . . primarily engaged in . . . servicing automobiles," they are exempt from the FLSA's overtime-pay requirement. Pp. 5–11.
(a) A service advisor is obviously a "salesman." The ordinary meaning of "salesman" is someone who sells goods or services, and service advisors "sell [customers] services for their vehicles," Encino I, supra, at ___. P. 6.
(b) Service advisors are also "primarily engaged in . . . servicing automobiles." "Servicing" can mean either "the action of maintaining or repairing a motor vehicle" or "[t]he action of providing a service." Oxford English Dictionary 39. Service advisors satisfy both definitions because they are integral to the servicing process. They "mee[t] customers; liste[n] to their concerns about their cars; sugges[t] repair and maintenance services; sel[l] new accessories or replacement parts; recor[d] service orders; follo[w] up with customers as the services are performed (for instance, if new problems are discovered); and explai[n] the repair and maintenance work when customers return for their vehicles." Encino I, supra, at ___. While service advisors do not spend most of their time physically repairing automobiles, neither do partsmen, who the parties agree are "primarily engaged in . . . servicing automobiles." Pp. 6–7.
(c) The Ninth Circuit invoked the distributive canon—matching "salesman" with "selling" and "partsman [and] mechanic" with "[servicing]"—to conclude that the exemption simply does not apply to "salesm[e]n . . . primarily engaged in . . . servicing automobiles." But the word "or," which connects all of the exemption's nouns and gerunds, is "almost always disjunctive." United States v. Woods, 571 U. S. 31, 45. Using "or" to join "selling" and "servicing" thus suggests that the exemption covers a salesman primarily engaged in either activity.
Statutory context supports this reading. First, the distributive canon has the most force when one-to-one matching is present, but here, the statute would require matching some of three nouns with one of two gerunds. Second, the distributive canon has the most force when an ordinary, disjunctive reading is linguistically impossible. But here, "salesman . . . primarily engaged in . . . servicing automobiles" is an apt description of a service advisor. Third, a narrow distributive phrasing is an unnatural fit here because the entire exemption bespeaks breadth, starting with "any" and using the disjunctive "or" three times. Pp. 7–9.
(d) The Ninth Circuit also invoked the principle that exemptions to the FLSA should be construed narrowly. But the Court rejects this principle as a guide to interpreting the FLSA. Because the FLSA gives no textual indication that its exemptions should be construed narrowly, they should be given a fair reading. P. 9.
(e) Finally, the Ninth Circuit's reliance on two extraneous sources to support its interpretation—the 1966–1967 Occupational Outlook Handbook and the FLSA's legislative history—is unavailing. Pp. 9– 11.
845 F. 3d 925, reversed and remanded.
THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, ALITO, and GORSUCH, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which BREYER, SOTOMAYOR, and KAGAN, JJ., joined.
https://www.supremecourt.gov/opinions/17pdf/16-1362_gfbh.pdf
Kim v. Reins Internat. California, Inc. (2017) 18 Cal.App.5th 1052 (SC S246911/B278642 review granted 3/28/18) PAGA/Standing/Aggrieved Employee
Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issue: Does an employee bringing an action under the Private Attorney General Act (Lab. Code, § 1698 et seq.) lose standing to pursue representative claims as an "aggrieved employee" by dismissing his or her individual claims against the employer? Votes: Cantil-Sakauye, C.J., Chin, Corrigan, Liu, Cuéllar and Kruger, JJ. Review granted/brief due.
Alameda County Deputy Sheriff's Assn. v. Alameda County Employees' Retirement Assn. (2018) 19 Cal.App.5th 61, mod. 19 Cal.App.5th 945a (SC S247095/A141913/A141913M review granted & depub. denied 3/28/18) Pension Reform Act/Vested Rights
Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. This case includes the following issue: Did statutory amendments to the County Employees' Retirement Law (Gov. Code, § 31450 et seq.) made by the Public Employees' Pension Reform Act of 2013 (Gov. Code, § 7522 et seq.) reduce the scope of the pre-existing definition of pensionable compensation and thereby impair employees' vested rights protected by the contracts clauses of the state and federal Constitutions? Votes: Cantil-Sakauye, C.J., Chin, Corrigan, Liu, Cuéllar and Kruger, JJ. Answer brief due.
Court of Appeal Modified Opinion
Guarino v. County of Siskiyou (CA3 C076629, filed 3/1/18, pub. ord. 3/29/18) Anti-SLAPP/ Breach of Employment Contract
Appellant Thomas P. Guarino (Guarino) appeals from an order of the superior court granting an "anti-SLAPP" (Strategic Lawsuits Against Public Participation) motion to strike his First Amended Complaint pursuant to Code of Civil Procedure section 425.16, undesignated section references are to the Code of Civil Procedure. The motion was filed by defendants County of Siskiyou (County), individual members of the Board of Supervisors Marcia Armstrong, Grace Bennett, Michael Kobseff, Ed Valenzuela, and Jim Cook (the Board), as well as County Administrator, Tom Odom (collectively, defendants). Guarino also appeals the trial court's order sustaining demurrers without leave to amend that were filed on behalf of the County, the Board, and Odom.
Because we affirm the order granting the Code of Civil Procedure section 425.16 motion, we need not decide whether the trial court erred in sustaining defendants' demurrers.
EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (CA2/2 B281594 3/28/18) Arbitration
Starline Tours of Hollywood, Inc. (appellant) appeals from a judgment confirming an arbitration award. The arbitration involved a contract dispute between appellant and EHM Productions, Inc. doing business as TMZ (respondent) regarding appellant's duty to defend respondent in a lawsuit brought by appellant's bus drivers. Respondent obtained an award requiring appellant to defend respondent in the bus driver action. Following arbitration, the award was confirmed by a JAMS appellate panel. Respondent filed a petition to confirm the award, which was granted. Appellant appealed, and this court affirmed the award on October 4, 2017.
After respondent filed its petition to confirm the arbitration award, the JAMS appellate panel determined that appellant owed respondent $41,429.92 in costs. Following confirmation of the initial arbitration award, respondent sought, and received, confirmation of the cost award. Appellant now appeals from the second judgment granting respondent's petition to confirm the cost award. Appellant's sole contention on appeal is that the trial court erred by entering two consecutive judgments resulting from the same arbitration. We find that appellant has failed to demonstrate error, therefore we affirm the second award.
Demeter v. Taxi Computer Services (CA2/5 B276192 3/27/18) Fee-Related Talent Services Law
Plaintiff and appellant Michael Demeter (Demeter) filed a putative class action complaint against defendants and respondents Taxi Computer Services, Inc. (TAXI) and its CEO Michael Laskow (Laskow). The complaint alleged TAXI operated a talent listing service without procuring the bond California's Fee-Related Talent Services Law (FTSL) requires "for the benefit of any person injured by any unlawful act, omission, or failure to provide the services of the talent service." (Lab. Code, § 1703.3, subd. (b).) Demeter alleged causes of action under the FTSL itself and under California's Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200 et seq.). TAXI and Laskow moved for summary judgment, arguing Demeter was not aware of the bond requirement when he signed up with TAXI and suffered no injury because he had no complaints about the service TAXI offered. The trial court agreed with TAXI and Laskow, and we consider whether the trial court properly granted summary judgment in their favor.
Serrano v. Aerotek, Inc. (CA1/1 A149187, filed 3/9/18, pub. ord. 3/23/18) Wage & Hour/Meal Periods
Plaintiff Norma Serrano brought this lawsuit against her former employer, Aerotek, Inc., which placed her as a temporary employee with its client, Bay Bread, LLC. She raised four causes of action against Aerotek and Bay Bread based on their alleged failure to provide meal periods. On appeal, she challenges an order granting summary judgment to Aerotek, arguing the trial court erred by determining that Aerotek satisfied its own duty to provide meal periods and was not liable for any meal period violations by Bay Bread. We affirm.
Hayes v. Temecula Valley Unified Sch. Dist. (CA4/1 D072998, filed 2/28/18, pub. ord. 3/23/18) School Principal Reassignment/Ed. Code § 44951
Karen Hayes appeals a judgment denying her writ of mandate petition seeking an order directing the Temecula Valley School District (District) to reinstate her as a middle school principal. The District removed Hayes as principal and reassigned her to a teaching position for the 2015-2016 school year under its statutory authority to reassign a school principal without cause. (Ed. Code, § 44951.) The District also placed Hayes on paid administrative leave through the end of the 2014-2015 school year.
Hayes primarily challenges her release and reassignment from her school principal position and, to a lesser extent, her placement on paid administrative leave for about three months. She contends the court erred in denying her writ petition because: (1) the District's notice of the no-cause reassignment was untimely as the governing school board (Board) did not approve the notice until two days after the March 15 statutory deadline (§ 44951); (2) her removal was in fact "for cause" and therefore she was entitled to a hearing and due process before the removal and reassignment; and (3) her placement on paid administrative leave violated statutes and internal District policies.
On the first issue, we determine the notice was timely because the statutes do not require school board preapproval for a section 44951 March 15 notice to be valid. We conclude the remaining contentions are without merit on the factual record before us. Accordingly, we affirm.
Lawson v. ZB, N.A. (2017) 227 Cal.Rptr.3d 613 (SC S246711/ D071376 review granted 3/21/18) PAGA/FAA Preemption
Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate. This case presents the following issue: Does a representative action under the Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.) seeking recovery of individualized lost wages as civil penalties under Labor Code section 558 fall within the preemptive scope of the Federal Arbitration Act (9 U.S.C. § 1 et seq.)? Votes: Cantil-Sakauye, C.J., Chin, Corrigan, Liu, Cuéllar and Kruger, JJ.
Glazing Health & Welfare Fund v. Lamek (9th Cir. 16-16155 3/21/18) ERISA
The panel affirmed the district court's dismissal of an ERISA action brought by employee benefit trust funds, seeking unpaid contributions owed under the contracts governing the benefit plans that the trust funds managed for Accuracy Glass & Mirror Company.
The trust funds argued that, pursuant to those contracts, the unpaid contributions were trust assets over which the owners and officers of Accuracy exercised control and that the trust funds therefore could sue these individuals as fiduciaries to collect the contributions. The panel held that the trust funds' claim was foreclosed by Bos v. Bd. of Trustees (Bos I), 795 F.3d 1006 (9th Cir. 2015), which held that employers are not fiduciaries under ERISA as to unpaid contributions to ERISA benefit plans.
Dissenting, Judge Gleason wrote that she disagreed with the majority's interpretation of Bos I and would find that outside of the bankruptcy context unpaid employer contributions to employee benefit plans may constitute plan assets when the ERISA plan document expressly defines them as such.
McGlynn v. State of Calif. (CA1/1 A146855 3/20/18) Judges' Retirement System II
In this mandamus proceeding, six judges who were elected to the superior court in mid-term elections in 2012, but who did not take office until January 7, 2013, maintain they are entitled to benefits under the Judges' Retirement System II (JRS II) as in effect at the time they were elected, rather than at the time they assumed office. This is a matter of considerable importance to these judges because, on January 1, 2013, JRS II became subject to the provisions of the California Public Employees' Pension Reform Act of 2013 (PEPRA), which amended virtually all state employee retirement systems to begin addressing the state's enormous unfunded pension liability and returning these systems to actuarially sound footing. Among other things, PEPRA increases employee contributions, provides for fluctuating contribution rates based on market performance and actuarial projections, and bases the amount of monthly pension payments on an employee's final three years of compensation, rather than on only the final year.
We conclude, as did the trial court, that the judges did not obtain a vested right in JRS II benefits as judges-elect, but rather obtained a vested right to retirement benefits 1 Government Code section 75500 et seq. 2 Government Code section 7522 et seq. 2 only upon taking office, after PEPRA went into effect. We also conclude PEPRA's provisions pertaining to fluctuating pension contributions do not violate the nondiminution clause of the California Constitution (Cal. Const., art. III, § 4), nor do they impermissibly delegate legislative authority over judicial compensation (Cal. Const., art. VI, § 19). We therefore affirm the judgment.
Sali v. Corona Reg'l Med. Ctrl. (9th Cir. 15-56389 3/19/18) Contempt/Wage & Hour Class Action
The panel affirmed the district court's contempt judgment arising after plaintiffs' counsel failed to pay sanctions when they did not produce their expert at a deposition as ordered.
The panel held that under Fed. R. Civ. P. 37's general discovery enforcement provisions, a court can order a party to produce its nonparty expert witness at a deposition, and if the party makes no effort to ensure that its witness attends the deposition, sanction the party's counsel when the witness fails to appear unless the failure to produce the expert "was substantially justified or other circumstances make an award of expenses unjust." Fed. Civ. P. 37(b)(2)(C). The panel held that the Rule 37 sanctions were reasonable in this case.
Corley v. San Bernardino County Fire Protection Dist. (CA4/1 3/15/18 D072852) Age Discrimination/Jury Instruction Firefighters' Procedural Bill of Rights
George Corley filed this action against his former employer, the San Bernardino County Fire Protection District (the District).[1] The trial court held a jury trial on a single cause of action for age discrimination under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.). The jury rendered a special verdict in which it found that Corley's age was a substantial motivating reason for the District's termination of his employment and awarded damages for lost earnings. The trial court subsequently entered a judgment in favor of Corley against the District awarding Corley $597,629 in damages, $853,443 in attorney fees, and $40,733 in costs.
On appeal, the District contends that the trial court erred in denying its request to instruct the jury pursuant to a provision in the Firefighters' Procedural Bill of Rights (§ 3254, subd. (c)). The District also claims that the trial court erred in instructing the jury that "the use of salary as the basis for differentiating between employees when terminating employment may be a factor used to constitute age discrimination" if the employer's termination policy adversely affects older workers. The District further maintains that there is insufficient evidence to support the jury's award of damages based on its implicit finding that Corley would have been promoted but for the District's discrimination. Finally, the District claims that the trial court abused its discretion in applying a multiplier in awarding Corley statutory attorney fees. In the published portion of the discussion, we interpret section 3254, subdivision (c) and conclude that the trial court did not err in refusing to instruct the jury pursuant to this provision. In unpublished portions of the discussion, we conclude that the District fails to establish any reversible error with respect to its remaining claims. Accordingly, we affirm the judgment.
Saheli v. White Memorial Medical Center (CA2/8 B283217 3/14/18) Arbitration/Ralph and Bane Acts
White Memorial Medical Center (White Memorial) and Juan Barrio, M.D. (together, Defendants) challenge the denial in part of their petition to compel arbitration of claims brought against them by Gezel Saheli, M.D. Although the trial court ordered Saheli to arbitrate the majority of her claims, it refused to compel arbitration of her claims brought pursuant to Civil Code sections 51.7 (Ralph Act) and 52.1 (Bane Act). The court reasoned that the parties' arbitration agreement failed to comply with special requirements for agreements to arbitrate such claims. Specifically, sections 51.7 and 52.1 prohibit the enforcement of agreements to arbitrate Ralph Act and Bane Act claims that are made as a condition of certain contracts or of providing or receiving goods or services. They also mandate that the party seeking to enforce an agreement to arbitrate such claims prove the other party knowingly and voluntarily agreed to arbitration. Defendants contend (1) the trial court erred in its interpretation of the parties' arbitration agreement and (2) the Ralph Act's and Bane Act's special requirements for arbitration agreements are preempted by the Federal Arbitration Act (FAA). We agree and reverse the trial court's order denying Defendants' petition to compel arbitration of Saheli's Ralph Act and Bane Act claims.
Bill Signed by Governor (3/13/18)
AB 110 by the Committee on Budget – In-home supportive services provider wages: emergency caregiver payments for foster care: civil immigration detainees: recording fees.
MMM Holdings, Inc. v. Reich (CA4/3 G053739 3/12/18) Retaliation/Qui Tam/Anti-SLAPP
Plaintiffs, MMM Holdings, Inc. (MMM), and MSO of Puerto Rico, Inc. (MSO), sued defendant Marc Reich, the attorney who represented their adversary in a whistleblower qui tam action filed against plaintiffs in the United States District Court. Alleging causes of action for claim and delivery, conversion, civil theft, unjust enrichment, and unfair competition, plaintiffs contend Reich received, wrongfully possessed, and refused to turn over, some 26,000 electronically stored documents his client, Jose "Josh" Valdez, took with him in 2010 when he was terminated by MSO for his allegedly "vocal opposition to what he perceived as Plaintiffs' fraudulent practices."
Reich filed a special motion to strike the complaint under Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsuit against public participation) statute. The court granted the motion, concluding the claims asserted by plaintiffs against Reich involved Reich's petitioning activity protected by the anti-SLAPP statute, and that plaintiffs had not shown, and could not show, a probability they would prevail on any of their claims. We conclude the court did not err and affirm the order.
Alvarado v. Dart Container Corp. of California (SC S232607 3/5/18) Wage & Hour/Bonus Pay Divisor
In this case, we decide how an employee's overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period. Specifically, we consider whether the divisor for purposes of calculating the per-hour value of the bonus should be (1) the number of hours the employee actually worked during the pay period, including overtime hours; (2) the number of nonovertime hours the employee worked during the pay period; or (3) the number of nonovertime hours that exist in the pay period, regardless of the number of hours the employee actually worked. We conclude that the divisor should be the second of these options. We reverse the judgment of the Court of Appeal.
http://www.courts.ca.gov/opinions/documents/S232607.PDF
Brown v. Cal. Unemployment Ins. Appeals Bd. (CA1/4 A145487 2/28/18) Unemployment Benefits Rate of Interest
The question in this case is a narrow one, involving the correct rate of interest to be applied after a court determines that unemployment benefits have been wrongfully withheld by the Employment Development Department (EDD) and the California Unemployment Insurance Appeals Board (Board). Appellant Mark Brown (Brown) argues that interest should be charged at the contract rate of 10 percent from the date that each benefit payment was due, in accordance with Civil Code section 3289, subdivision (b). EDD, in contrast, asserts that the trial court correctly determined that any such interest should be calculated at the rate of 7 percent, as authorized by article XV, section 1, of the California Constitution and Government Code section 965.5, subdivisions (a) and (d). We conclude that the trial court applied the incorrect interest rate to the wrongfully withheld benefits at issue. Accordingly, we reverse for recalculation of interest, but affirm in all other respects.
Local Joint Exec. Bd. v. NLRB (9th Cir. 15-72878 2/27/18) NLRA/Make-Whole Relief
The panel granted a Union's petition for review, vacated an order of the National Labor Relations Board, and remanded for the Board to award standard make-whole relief, in a case arising when the now-defunct Hacienda Resort Hotel and Casino and Sahara Hotel and Casino in Las Vegas violated section 8(a)(5) of the National Labor Relations Act ("NLRA") by unilaterally terminating the Local Joint Executive Board, Culinary Workers Union Local 226 and Bartenders Union Local 165's dues-checkoff without bargaining to agreement or impasse.
In a prior case, this court determined that there was a violation of the NLRA and remanded to the Board to determine what relief was warranted. The Board declined to award make-whole relief, the standard remedy when an employer unlawfully ceases union dues-checkoff. Instead, the Board awarded the Union prospective-only relief.
The panel held that the Union's arguments were not premature.
The panel held that the Board clearly abused its discretion in declining to award the standard remedy of make-whole relief.
First, the panel held that the Board did not provide a valid explanation for departing from its standard remedy in dues checkoff cases. Specifically, the panel held that the Board's reliance-based explanation was improper, because it was unreasonable for the employers to rely on Board precedent that had never been applied in a reasoned manner in the absence of a union security clause, and because the Board's other explanations were similarly erroneous.
Second, the panel held that by ordering prospective-only relief against defunct entities, the Board effectively ordered no relief at all, and therefore did not effectuate the policies of the NLRA.


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text:
Workplace Spirituality Research: Issues in the Past Research, Directions for Future Research, and New Advancements
Journal of Organizational Change Management
Badrinarayan Shankar Pawar,
Workplace spirituality refers to employee experiences of spirituality in the workplace. Employees, as human beings, have a need for spirituality or transcendence. However, with the primacy of material orientation in organizations, fulfilling employees' spiritual need in material organizations is both important and challenging.
Scientific research in workplace spirituality has responded to this challenge and there has been an "explosion of interest" in the scientific study of workplace spirituality (Parameshwar, 2005, p. 690) possibly because the scientific study of workplace spirituality "may bring forth a new development in the organizational science" (Giacalone and Jurkiewicz, 2003, p. 22). Thus, considerable volume of research on workplace spirituality has evolved. The large volume of this research is reflected in the inclusion of "about 140 articles on workplace spirituality" in a review by Karakas (2010, p. 89) and identification of a total of 882 pieces of published works including books and book chapters in a more recent literature search in Vasconcelos (2018, p. 791). However, certain limitations are associated with the past workplace spirituality research such as conceptualization of workplace spirituality in "near infinite ways" (Long and Helms Mills 2010, p. 326), proliferation of several scales, and "shortage of experimental studies" (Vasconcelos, 2018, p. 810 ).
Considering the importance of and challenge in facilitating workplace spirituality in material organizations, emergence of a large volume of past research, and presence of certain limitations in the past research, this special issue's objective is to do evaluation of the past research, to identify directions for improving future research, and to make new contributions for advancing workplace spirituality research.
With this objective, this special issue invites submissions on various workplace spirituality topics covering the themes including, but not limited to, the following.
Review of the past and directions for the future workplace spirituality research
Challenges in fulfilling employees' spiritual needs in organizations with the primacy of a material orientation
Innovative and efficacious approaches to facilitating workplace spirituality in organizations
Conceptual works and empirical studies which seek to advance workplace spirituality research
Submissions including, but not limited to, qualitative literature reviews, quantitative literature reviews, conceptual papers proposing new concepts, theories, and perspectives, and empirical studies providing new empirical evidence are invited. Submissions will be reviewed using the journal's double-blind review process.
Qualitative Review of Past Workplace Spirituality Research
Quantitative Review of Past Workplace Spirituality Research
Challenges in fulfilling employees' spiritual needs in organizations
Innovative and efficacious approaches to facilitating workplace spirituality
Conceptual papers which propose new workplace spirituality concepts, theories, and perspectives
Empirical studies which provide new evidence on workplace spirituality
Any other themes or research works which can directly advance workplace spirituality research
Professor at Indian Institute of Management Raipur, India. Email:
Submissions Information:
Submissions are made using ScholarOne Manuscripts. Registration and access are available at: https://mc.manuscriptcentral.com/jocm
Author guidelines must be strictly followed. Please see: https://www.emeraldgrouppublishing.com/journal/jocm#author-guidelines
Key deadlines:
Closing date for manuscripts submission: 30/06/2023
Giacalone, R. A. and Jurkiewicz, C. L. (2003), "Toward a science of workplace spirituality", in Giacalone, R. A. and Jurkiewicz, C. L. (Eds.), The Handbook of Workplace Spirituality and Organizational Performance, ME, Sharpe, Armonk, NY, pp. 3-28.
Karakas, F. (2010), "Spirituality and performance in organizations: A literature review", Journal of Business Ethics, Vol. 94 No. 1, pp. 89-106.
Long, B. S. and Helms Mills, J. (2010), "Workplace spirituality, contested meaning, and the culture of organization: A critical sensemaking account", Journal of Organizational Change Management, Vol. 23 No. 3, pp. 325-341.
Parameshwar, S. (2005), "Spiritual leadership through ego-transcendence: Exceptional responses to challenging circumstances", Leadership Quarterly, Vol. 16, 689-722.
Vasconcelos, A. F. (2018), "Workplace spirituality: Empirical evidence revisited", Management Research Review, Vol. 41 No. 7., pp. 789-821.

redpajama_set_name: RedPajamaCommonCrawl


text:
U.S. Department of Defense runs biometrics through 'basic training'
By: John Wehr
category: Biometrics, Contactless, Government, Library
After three Common Access Card (CAC)-biometric technology demonstration (TD) projects, the Department of Defense (DoD) is considering moving into phase 2 of a program that could lead to four-million-plus biometric enabled DoD CACs.
But the timeframe is still uncertain. Phase 2, for which vendor support has not yet even been requested, is still on the drawing boards. And once it has begun, it will take more than year to complete, according to Min Chong, Senior Project Manager on the CAC biometrics effort for the DoD Biometrics Management Office (BMO).
There are still key questions to be answered: Will the biometrics be used on the contact or contactless chip? Will the biometrics be stored and matched on or off the card? One thing for certain is that the next generation CAC will include a 64K contact chip versus the 32K chip on current cards, said Mr. Chong. This move will create additional space for the inclusion of biometric templates on the card.
"The DoD CAC-Biometrics Working Group (BWG) was tasked to explore the inclusion of biometrics technology on the CAC and provide a recommendation to the DOD Smart Card Senior Coordinating Group on how biometrics should be utilized with the next generation CAC card," added Mr. Chong. The next generation CAC will have a 64K chip but the incorporation of the contactless capability will be determined at a later date.
The reason is simple. "When you add more functionality, the card becomes more expensive," said Mr. Chong. "The key stakeholders will want to know what the requirements are and what kind of return they can expect on their investment."
The three TDs were performed during the past two years. The first TD explored using biometrics to open the CAC in lieu of, or as an alternative to a PIN. The second TD examined using biometrics stored on a CAC for logical and physical access. The third looked at using the contactless technology with biometrics, explained Mr. Chong.
Here is a more detailed breakdown of each project, as provided by Mr. Chong:
CAC-A
The first project, referred to as CAC-A, focused on the development of four-scenario proof-of-concept designs to accommodate three different types of DoD users. Each design used biometrics in addition to, or as an alternative to, but not as a replacement for the PIN. Phase I consisted of two distinct parts. Part 1 of Phase I solicited contractor teams to develop biometric technology solutions to satisfy the requirements of four demonstration scenarios:
Scenario 1: Store biometric template on the server and perform match operations on the server. This is designed for the desktop PC.
Scenario 2: Store biometric template on the workstation and perform match operations on the workstation.
This scenario is designed to meet the needs of the mobile DoD user.
Scenario 3: Store biometric template on the CAC and perform the match operation on the server. This is designed for a DoD user who needs to securely transport his or her biometric to multiple sites and use it in both physical and logical network systems.
Scenario 4: Store a biometric template on the CAC and perform the match operation on the CAC. This is designed to meet the needs of both users identified in Scenarios 1 and 2 but never require the passing of biometric information outside of the CAC or middleware.
Part 2 of Phase I was an effort to develop an applet that supports a generic/non-proprietary PIN/key (buffer) solution for the CAC. The Defense Manpower Data Center (DMDC)-West was responsible for Part 2 of Phase I and is currently developing a new Access Control Applet (ACA) with a biometric plug-in capability.
CAC-B
The second demonstration project, called CAC-B, was a continuation of CAC-A Scenario 3 in which the biometrics template was stored on the CAC and the match operation was performed on the server. This effort used the CAC as a transport device for a biometric template. The purpose of the CAC-B technology demonstration was to demonstrate the use of a Biometric Attribute Certificate on the CAC and test its functionality in both physical and logical access environments. Also, the CAC-B utilized a digitally signed biometric template along with other information that allowed revocation and assurance provided by the X.509 standards and format.
CAC-C
CAC-C, the third demonstration project, focused on the use of biometrics with contactless technology. The goal of CAC-C was to provide the DoD community an open and interoperable contactless physical security solution that uses biometrics as an authentication mechanism for a physical access system, a portable physical access system, and a physical access system utilizing a turnstile. CAC-C demonstrated five scenarios with each scenario employing both Mifare and DESFire contactless technologies.
Scenario 1A:
Store biometric template at reader, match at reader.
Scenario 1B Stationary:
Standalone biometric reader, match at reader.
Scenario 1B Mobile:
Mobile biometric reader, match at reader.
Store template on contactless chip, match at reader.
Store template on control panel, match at control panel.
BearingPoint coordinates the projects
The prime contractor for CAC-A, CAC-B, and CAC-C was BearingPoint Inc. Company representatives would not comment on the results of the demonstration projects. Mr. Chong indicated that none of the results were currently publicly available.
However, a press release distributed by BearingPoint when it was awarded the third contract a year ago, pointed out that the company was able to demonstrate "that a biometric can be securely stored and/or matched on the server, the client, or the CAC. The second contract," the release went on, "successfully demonstrated the use of a smart card paired with a biometric to replace a user name and password to securely log on to applications such as the Microsoft Windows 2000 Active Directory Network and other secure web sites."
The company?s team members on the project included: SPYRUS, Inc., SAFLINK Corp., Precise Biometrics, Xtec, NetVersant, and Datastrip.
Phase II yet to begin
When the project moves into the second phase, said Mr. Chong, CAC-A and CAC-B Phase II efforts will be merged into one effort with two distinct parts. Part 1: Concept Refinement will focus on the two distinct possible CAC-Biometric capabilities, the Match-On-Card vs. Match-Off-Card. "This," said Mr. Chong, "requires further analysis and studies to determine if the inclusion of biometric technology on the CAC provides a secure, accurate, convenient, and cost effective authentication mechanism for DoD."
Part 2, he added," will build on CAC-Biometric Phase I results and lessons learned to develop a prototype capability that reflects the optimized results to attain a potential CAC-Biometric solution for DoD. The BWG will provide an assessment of each of its recommendations in terms of availability of biometric standards.
"In essence, "we first wanted to prove that we could use biometrics with the CAC," said Mr. Chong. " Phase 2, not initiated yet, will determine how we would incorporate the biometrics technology with the next generation CAC."
Undecided yet, he added, is which biometric will be used. All types of biometrics–facial, retina scans, but "primarily fingerprints"–were tested in the demonstration projects." Concludes Mr. Chong, "based on the findings from Part 1, we would build a prototype for Part 2, simulating what the real system would look like–the card specs, the databases, everything. This entire process would take another year."
U.S. Department of Defense test bio... Biometrics and the Department of De... Datastrip Selected to Participate i...
Tags: Facial Biometrics, Fingerprint, Government ID, Internet Security, Iris Biometrics


AECOM is a global network of experts working with clients, communities and colleagues to develop and implement innovative solutions to the world's most complex challenges. Delivering clean water and energy.
Building iconic skyscrapers. Planning new cities. Restoring damaged environments. Connecting people and economies with roads, bridges, tunnels and transit systems. Designing parks where children play. Helping governments maintain stability and security.
– Due to our strong pipeline of projects, AECOM is looking for an Economist/Financial/Business analyst for projects in Tanzania. The projects are infrastructure projects involving ports and marine.
The analyst shall be responsible for undertaking Traffic/Economic/Financial/commercial assessment of the project.
– Must have a postgraduate degree in the field of economics/finance/commerce and not less than 10 years of practical experience in undertaking feasibility studies for transport infrastructure development projects, including but not limited to assessment of traffic demand, traffic forecasting, economic and financial analysis and investment planning. He/she must have been involved in study and design of at least 3 marine projects in a similar post for projects of similar nature and complexity.
– Structural/Civil Engineer for projects in Tanzania. The projects are infrastructure projects involving ports and marine.
– If you would like to be the first one to hear about this opportunity when it will arise, submit an expression of interest now and let's stay in touch.
– The Structural/Civil Engineer shall be responsible for studies and design of civil and engineering structures.
Registered Professional Engineer by relevant board with a valid practicing license and possessing a bachelor's degree or equivalent qualification in structural/Civil Engineering.The Structural/Civil Engineer shall possess not less than 10 years of general knowledge in at least 5 development projects in structural design and transport infrastructure. The Structural/Civil Engineer must have been involved in study and design of at least 3 marine projects in a similar post for projects of similar nature and complexity.
– Due to our strong pipeline of projects, AECOM is looking for a Services Engineer for projects in Tanzania. The projects are infrastructure projects involving ports and marine.
– The Services Engineer shall be responsible for transport studies and design of service facilities.
i/ Registered or chartered Mechanical or Electrical Engineer or Building Services Engineer, with at least a bachelor's degree or equivalent qualification. Services Engineer shall be required to have not less than 10 years of experience in designing transport services infrastructure projects of similar nature. He/she must have been involved in study and design of at least 3 marine projects in a similar post for projects of similar nature and complexity.
ii/ Nationality is a requirement.
-Due to our strong pipeline of projects, AECOM is looking for a Project Team Leader for projects in Tanzania. The projects are infrastructure projects involving ports and marine.
Project Team leader will be responsible for the overall management and supervision of the project in terms of target achievements and quality performance.
The Team Leader is expected to have qualifications in port management and operations and have a postgraduate degree in Business Administration, Economics Engineering/Management and must have vast experience of not less than 15 years in undertaking feasibility studies for transport infrastructure development, designing and implementing PPP projects, managing multi-disciplinary projects, contract administration and supervision of projects. The Team Leader must have been involved in undertaking at least 3 projects of similar nature and complexity as a Team Leader for at least 7 years.
– Ability to work in Tanzania due to nationality would be an advantage.
Due to our strong pipeline of projects, AECOM is looking for a Liquid Bulk Operations Specialist for projects in Tanzania. The projects are infrastructure projects involving ports and marine.
The Liquid Bulk Operations Specialist shall be responsible for all liquid bulk operations related to the project.
The Liquid Bulk Operations Specialist shall have experience in liquid bulk operations with not less than 10 years of experience in similar capacity for similar projects in nature and complexity. The expert is required to be a graduate with background liquid bulk operations. Fluency in written and spoken English is mandatory.
Due to our strong pipeline of projects, AECOM is looking for an Environmental Specialist for projects in Tanzania. The projects are infrastructure projects involving ports and marine.
The Environmental Specialist shall be responsible for environmental studies.
Must be a graduate with a background in environmental science and must be registered by NEMC as EIA expert. The Environmental Specialist should have proven experience of not less than 5 years in undertaking environmental studies for transport infrastructure development projects. Experience in the ports sector will be an added advantage.


The five winners will continue to compete for the grand prize: to be named EY Entrepreneur of the Year 2018 Singapore and represent Singapore at the annual EY World Entrepreneur of the Year (WEOY) award in Monte Carlo in 2019 to compete with contenders from over 50 countries.
The Singapore representative to the WEOY will be announced at the EY EOY Awards Gala, which will be held on Oct 26 at The Ritz-Carlton, Millenia Singapore. The gala will be officiated by Guest-of-Honor, Minister for Manpower and Second Minister for Home Affairs, Josephine Teo.
The winners were selected from over 40 nominations by an independent judging panel, based on their merits in fulfilling the six global judging criteria, namely entrepreneurial spirit, financial performance/value creation, strategic direction, national and global impact, innovation and personal integrity/purpose-driven leadership.
At the same time, the awards will be recognising OUR Executive Chairman Stephen Riady's entrepreneurial and civic leadership in Asean, as he has been named the winner of this year's EY Asean Entrepreneurial Excellence award.
This award is an honorary award that is presented on board the EOY platform (the award recipient does not compete for the EOY Singapore 2018 title). This award recognises successful Southeast Asian businesses that contribute to the economy and community in the region.
In addition, the EOY will be honouring the legacy of Sing Lun Holdings, as it has been awarded the EY-Standard Chartered Family Business Award of Excellence, another honorary award that is presented on board the EOY platform.
Standard Chartered Bank is a major sponsor of the EY EOY awards program, as well as the co-presenter of the EY-Standard Chartered Family Business Award of Excellence, for the second year running.


I joined Catalyst as an intern and was quickly offered a permanent post, working with Sue Primmer. My role is very varied. It's a small team with a wide range of responsibilities including brand, social media, marketing, PR, internal comms and external events. You get to know a lot of people and learn about their specialisms. I am a graduate of the University of Exeter with a BSc (Hons) in Biological Sciences. While this is a different field, our work requires a lot of applied thinking – and it feels like a natural fit.


Digging Deeper is a weekly live series hosted by Detroit guitarist and singer/songwriter, Tazeen Ayub. Every week, she and a guest sit in her and her husband's Detroit home and discuss topics revolving around art, spirituality, and activism. Episodes take place live on Instagram Live (@tazeen.ayub) every Tuesday at 7 PM EST. Videos and podcasts are usually uploading the following day every week.


text:
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Tampere Day
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Tap water became a hit at the IAAF World U20 Championships in Tampere
Drink Tap Water, this is what the championships organisers requested in Tampere. Young athletes responded to their request and have been frequently filling their bottles from water taps.
Tampere is testing new pedestrian signage
Black signs and information displays guide pedestrians from the Tampere railway station and Central Square to the Ratina Stadium. New signs are part of pedestrian guidance concept created for the Tampere city centre. The aim is to increase walking and biking by developing guidance in different ways. The first signage will appear on the streets for the IAAF World U20 Championships and the guidance will continue during the construction of the Tramway.
Tampere Events App in use for the first time at the IAAF World U20 Championships
The Tampere Events App will be launched at the IAAF World U20 Championships. The app offers its users plenty of information about the event, routes and services. In the future, the app is hopefully used widely in all kinds of events in Tampere.
Opening ceremony of the IAAF World U20 Championships Tampere 9 July at 18.30
The official opening ceremony of the IAAF World U20 Championships Tampere 2018 will take place at the Olympic Square in Ratina on Monday, 9 July 2018 at 18.30. The event is free and open to the public. The championships will be opened spectacularly when flag bearers carry 158 flags of the participating countries to the plaza.
The IAAF World U20 Championships will serve local tap water for drinking
The IAAF World U20 Championships, organised in Tampere, Finland in July 2018, will serve local tap water for drinking. Tampere Water turns 120 years old this year and offers each IAAF World U20 participant an empty water bottle that they can fill directly from the tap during the games. To reduce plastic waste, the athletes use the same bottle throughout the games and fill it at the Tampere Water water taps that can be found at the competition and workout locations.
Changes in health centre services in Tampere
The health centre service provider for the regions of the city centre and Hervanta of the City of Tampere will change as of 1 August 2018. The new service provider will be Mehiläinen Terveyspalvelut Oy. The change will be visible to customers, for instance, in a change of location: as of August, the new location for the city centre is the Finlayson area and the Duo shopping centre for Hervanta. In spring, the city put the services out to tender. The services were previously provided by Pihlajalinna.


The play has a restaurant setting, and this venue was well suited to the play being performed in the round.
This is the first time that we have used this venue, but we were delighted perform to a large and appreciative audience on all three nights.
Gerry Stratton has organized a family dinner with his sons Glyn and Adam to celebrate his wife Laura's 54th birthday.
Glyn is with his long suffering wife Stephanie; their marriage looks to be on firmer ground that it once was.
Adam has brought along his new girlfriend, an outrageous hairdresser, and they are both eager to impress.
- and Laura has been unfaithful.
acting as a kind of chorus figure. All the waiters speak an invented indeterminate language which, like the restaurant itself, is a Mediterranean mixture.


Army ROTC produces officers -- 75% of all Army officers. Founded in 1916, Army ROTC has produced more than one-half million lieutenants for the U. S. Army. It remains the broadest avenue for men and women seeking to serve as officers. An Army officer is a prestigious professional who serves as a leader of one of the most respected institutions in America.
Army ROTC also is a college elective you can try out for up to two years with no obligation. Unlike many traditional college programs, Army ROTC gives you a wide range of experiences while you work toward a degree. You'll combine classroom time with hands-on experience, learning skills that are sure to give you an edge over your peers when it comes time to look for a job. Whether you're planning a career in the Army or the corporate world, Army ROTC is a smart elective course to take. As part of Army ROTC, you'll be in the company of a diverse group of individuals with broad interests. Individuals who were presidents of their student governments, captains of their varsity sports teams, club presidents, or members of the National Honor Society.
Many prominent Americans got their start through Army ROTC. The program has produced two U.S. Secretaries of State, innumerable business and civic leaders and a female astronaut. Among the more famous graduates of the program are Colin Powell, Sam Walton, Earl Graves, Lenny Wilkins, and James Earl Jones.
"Service as an Officer for Just a Few Years Will Put You Ahead of Almost Everyone Else."
"We Prepare You for Success in Any Walk of Life -- Corporate America, Government or Non-Profit Organizations."
Army ROTC is the best leadership course in America!
Dan Kammiller, COL (U.S Army) Ret.


Hydrodynamics, General Electric Laboratory, Schenectady, N. Y.
Sternlicht BB. Discussion: "Surface Finish and Clearance Effects on Journal-Bearing Load Capacity and Friction" (Ocvirk, F. W., and DuBois, G. B., 1959, ASME J. Basic Eng., 81, pp. 245–252). ASME. J. Basic Eng. 1959;81(2):252-253. doi:10.1115/1.4008430.


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Library.Anarhija.Net
About this library
Anarhistička biblioteka (sr/hr)
Anarchistische bibliotheek (nl)
Title: 150, 375: rebels come alive!
Topics: Canada, colonialism, nationalism
Source: Retrieved on February 10, 2017 from https://mtlcounter-info.org/en/150-375-rebels-come-alive/
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150, 375: rebels come alive!
This year, Canada is celebrating its 150th year of colonial existence, and Montreal its 375th. Throughout the next year, we're going to be celebrating the histories of resistance to the colonial project of Canada, by continuing to bring them into our struggles in the present. This is a call for anarchists across the territory of so-called Canada, and everyone fighting against colonial society, to combine our diverse capacities to fight this ongoing nightmare in all the ways that we can.
The project of Canada has been one of ongoing genocide against indigenous people through various forms, from the intentional spreading of small pox to the conditions that create staggering numbers of missing and murdered indigenous women and men. Canada attempts to impose dependence on colonial society by destroying the autonomy of indigenous people to live off of their land base (through the reservation system), and through cultural genocide to instill generational fracturing and collective amnesia (institutionalized through the residential school system up until the 90s).
We want to sabotage the machinery that makes this colonial legacy function. This machine's infrastructure and development projects of exploitation mean devastating the land that all life is nourished by. It means the policing apparatus of Canada, from the onslaught at Gustafsen Lake to the widespread sexual violence against indigenous women by the SQ. It means the projects of social control necessary for Canada to function; the systematic forced sterilization, the reservation system, and the mass incarceration of indigenous and black people. This machinery is also social – the social identification with the city, the nation and with whiteness.
375: Montreal comes alive! is a tourism campaign where each neighbourhood of Montreal has been allotted money by the State for their celebrations. This will be used as an opportunity to further gentrification and social cleansing, and to normalize the State's narrative of a benevolent and inevitable colonization. The program of events, and promotional videos, primarily feature white francophone artists and musicians – demonstrating who they're staking their bets on in this new project of development and control through nationalist and hipster artists and Quebec popular culture. Though this campaign is unabashedly white supremacist in who they are trying to mobilize, we're also overly familiar with the script of Canadian multiculturalism – of representing and integrating different identity categories into the genocidal project, for a more insidious social control.
At the very least, we can show that there are people who Canada is attempting to integrate into this white supremacist framework who are in rebellion against it. Let's find whatever ways that we can to connect across the segregated lives that we feel every day. Through such connections, we can look toward creating a project of rebellion that people can identify with, outside of the right hand of white nationalism, and the left hand of liberal multiculturalism.
Here are several ideas for how people can self-organize to respond to this call:
– Disrupting the festivities of 375 and 150, in every neighborhood of Montreal and across Canada.
– Fostering relations of solidarity between people who want to fight the project of Canada. In this, we think it's crucial to not reproduce passive 'ally' politics, where 'allies' don't carry their own reasons for fighting. Everyone has a stake in defending the land from colonial destruction. For anarchists, we have innumerable reasons to fight and be in reciprocal solidarity with anyone struggling against the borders, police, resource extraction, and the economic domination that Canada requires. We think that statements like 'being an ally to indigenous people' is contradictory and meaningless when we recognize that homogeneous categories of people don't exist. In fact, there are often conflicts within indigenous communities around goals and tactics that shouldn't be sidestepped. For instance, at Standing Rock the Red Warrior Camp (which employed confrontational and disruptive tactics against the pipeline) was asked to leave the camp by the chiefs who condemned any action outside of non-violent civil disobedience that appeals to white and media legitimacy.
– Creating counter-information to communicate anti-colonial perspectives.
– Confronting, disrupting, attacking all manifestations of the colonial order: the functioning of the capitalist economy, resource extraction projects and infrastructure, the repressive apparatus of police and prisons, the dominant narratives of colonialism (in statues, museums, churches, etc.), and however colonialism is being maintained where you live.
The existence of Canada and Montreal is inherently a project of control and ecological devastation – this is what 'progress' and 'development' looks like. These processes further fracture any semblance of community that we can even try to nourish, which in turn profoundly impacts our capacities to rebel. We want to break with the social relations of production, consumption, citizenship and whiteness. We want to create the possibility to live different relations, which also means creating opportunities to be uncontrollable. We want to disrupt the narrative celebrating a benevolent and friendly Canada. Let's fuck with them at every turn. Let's shut down Montreal, let's shut down Canada.
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Please tell us what you think about our web site, organization, shows or services. If you provide us with your contact information, we will be able to reach you in case we have any questions. Visit our staff directory to find a complete listing with e-mail addresses and direct telephone numbers.
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The mythical Golden Axe series still has a lot to offer players, and most of it is through amazing fan remakes such as Golden Axe Myth.
Italian fans created this freeware game with an amazing attention to detail and it is certain to keep players glued to the screen for quite some time. Once again the free engine OpenBor is used for this side scrolling beat'em up, offering us fantastic 16-bit retro-styled visuals, smooth animation and polished gameplay that honors the classic in which it is inspired. There's a nice touch in the addition of different paths to reach our final destination, a clear indication that a lot of attention went into the development.
Those who want to know more about Golden Axe Myth must download the exclusive artbook with 44 pages and the OST featuring 32 tracks created by Gianluca Pappalardo and Oscar Celestini. This shows the true love and dedication of the creators for one of the unforgettable arcade classics that never had the right update for our times – Sega's Golden Axe: Beast Rider was far from the game it should have been.


Apogee's AE-Series is one of the most widely known and respected loudspeaker lines in use today. AE-Series speakers are processor-based offering brilliant performance and proven longevity. Apogee's AE products have been used in hundreds of the world's most prestigious shows, events and installations for more than twelve years.
Click on the model number below to download of pdf version of that model's spec sheet.


Anaesthesia machines are used to administrate anaesthesia to patients during medical procedure. These machines are installed in ambulatory surgical centres, hospitals, clinics and other nursing facilities. Anaesthesia machines include various mechanical, computer controlled and electrical components to regulate and control anaesthesia administration. Continuous developments have been observed in designing of anaesthesia machines with a view to enhance operating efficiency, patient safety, outcome and convenience. Market players are focusing on new product development and launching of innovative products with additional features and capabilities.
A resourceful research report on global anaesthesia machines market by Market Insights reflects the value trajectory of the global market for a period of ten years, from 2017 till 2027. The research report includes value analysis on various segments of the market and their respective scenarios across key regions in the globe. As per this analytical research study, the global market for anaesthesia machines is projected to expand at a CAGR of 5.7% throughout the period of assessment (2017-2027). In 2017, the global anaesthesia machines market was valued at about US$ 1400 Mn and is estimated to reach a valuation of more than US$ 2.4 Bn by the end of the year of assessment (2027).


SPI 520 -- Readings in Spanish (literary topic).
Interested in becoming a Spanish teacher? Click here.
¡OJO! The program outlined above is in the one currently in effect. Students who entered under the catalog 2012-2013 or earlier will follow the requirements listed in their catalog, and should use the checklist under "related links" labeled "2012 and earlier".


Curtain Cleaning Pootilla. Call @ 1800 284 036 and get your curtains cleaned in Pootilla from experienced curtain cleaners at best rates. We provide both onsite and offsite curtain cleaning services in addition to providing take down and rehang services. Get in touch with us today to get a curtain cleaning quote.
If you are in Pootilla, then the Ace Steam Cleaning will be your perfect companion to have perfectly clean curtains that are awesome to look at, and soft to touch. At Ace Steam Cleaning, we have all the gadgets and techniques that are needed for cleaning the curtains and making them free from dirt and bacteria.
Why You Should Hire A Curtain Cleaning Company in Pootilla?
Curtain Cleaning Pootilla Services: What's So Special about them?
So, instead of calling other curtain cleaning services in Pootilla, hire us and you will experience the difference right after you call our experts for service.
We are reliable and local cleaners of Pootilla.
Moreover, we operate all over Pootilla, so just give us a call and we will be there to serve you.


Is the Zeroth law a tautology?
Is the Zeroth law a tautology or does it allow for different compatibility criteria? Has our compatibility criteria become vacuous or trivial? How changeable are compatibility criteria?
In the scientonomic context, this question was first formulated by Jennifer Whyte in 2017. The question is currently accepted as a legitimate topic for discussion by Scientonomy community. At the moment, the question has no accepted answer in Scientonomy.
This topic is a sub-topic of Mechanism of Compatibility.
This page was last modified on 19 May 2017, at 20:32.


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Het Oostwolderzijlvest of Oostwoldzijlvest is een voormalig waterschap in Duurswold, dat samenviel met het oostelijke deel van de kerspelen Siddeburen en Appingedam. Het is genoemd naar het middeleeuwse kerspel Oostwold. Het bestuur lag vermoedelijk bij de commandeur van het klooster Oosterwierum bij Heveskes, dat in het gehucht Eelshuis een voorwerk bezat. Het zijlvest omvatte een oppervlakte van 2000 deimten schatplichtig land, later ruim 1580 ha.

Via het Eelwerdermaar en het Eelwerder of Solwerder Brandzijltje loosde het zijlvest zijn water in het Damsterdiep. Het Eelwerdermaar nam het water op van de Dijksloot en het Holemaar, die ontsprong in het Meedhuizermeer en een voortzetting vormde van de Munnekesloot. Zijtakken van de Dijksloot waren de Borg- of Borgwatering, de Borgsloot en de Bolhamstersloot (ook Boerhamstersloot of Olde Maar). In het verlengde van de Dijksloot lag de Kudensloot, die ontsprong bij de Sijpe aan de grens met het Oldambt. Daarnaast was er een oudere afwateringssloot in het verlengde van het Holemaar, die vermoedelijk via een duiker in het Damsterdiep uitmondde.

De archieven van het zijlvest gaan niet verder terug dan 1635. De Eelwerder Zijlle wordt al genoemd in 1420.

Het zijlvest had zes onderdelen, eden of kluften.
Siddeburen
Oostwold
Opwierde (met Appingedam Zuidzijde ten oosten van de Scharreweersterweg)
Eelwerd
Tjuchem
Oosterweren (Weringe)

De laag gelegen onderdelen Tjuchem en Weringe hadden geen zitting in het bestuur. Daarentegen maakten Appingedam Zuidzijde, Opwierde en Eelwerd tevens deel uit van het Dorpsterzijlvest, waaraan ze eveneens schot betaalden. Dat had waarschijnlijk te maken met het verplaatsen van de zeesluizen van Winneweer naar Delfzijl rond 1300. Kennelijk heeft het Oostwolderzijlvest ingestemd met deze maatregelen op voorwaarde dat de lager gelegen delen van het zijlvest niet extra belast zouden worden.

In 1632 werd in Siddeburen onderscheid gemaakt tussen het binnendijkse akkerland en het hooi- en weiland buitendijks. Ook was er verschil tussen het weer landt en het dijk landt.

Tot de aanleg van de Drie Delfzijlen maakten de twee noordelijke onderdelen van het zijlvest  gebruik van de uitwatering van het Farmsumerzijlvest. Opwierde moest namelijk nog in 1306 samen met Tuikwerd, Geefsweer en Meedhuizen meebetalen aan een nieuwe sluis bij Farmsum. Hoe het water van de zuidelijke onderdelen de zee bereikte, is niet duidelijk. Misschien maakte men gebruik van een duiker of grondpomp. Waarschijnlijker is echter dat het water via de Bolhamstersloot oftewel het Olde Maar en de Borgwatering zijwaarts wegstroomde. Dit kon hetzij naar het westen door de Buxzijl aan de Woldweg naar de Groeve, hetzij naar het oosten via het (latere) Meedhuizermeer naar Farmsum. De Borgwatering had vermoedelijk geen directe uitgang naar het Schildmeer.

Door de bouw van poldermolens en de aanleg van het Eemskanaal en het Afwateringskanaal van Duurswold is de waterstaatkundige situatie van het gebied grondig veranderd.

Waterstaatkundig gezien ligt het gebied sinds 2000 binnen dat van het waterschap Hunze en Aa's.

Externe links

 Kaart van de molen polders gelegen in het Zijlvest der Drie Delf Zijlen, het Oostwolder-, Wold- en Farmsummer-zijlvest, 1857

Voormalig waterschap in Groningen

redpajama_set_name: RedPajamaWikipedia


There's money in metal. Let's start with gold. There's no dividend or yield. It's hard to value. It's rubbish at keeping pace with inflation. You have to store it somewhere. There are lots of reasons to reject it. Which is to rather miss the point.
An exchange traded fund (ETF) or a unit trust/investment trust are good options.
You can buy gold ETFs, though watch for annual fees, buying and selling charges. An ETF is a stock market-based mutual fund. Buying into a gold ETF, for example, is practical and cheap compared to a lump of bullion on the kitchen table.
ETFs also release the drawbridge to a massive world of commodities. From hops and cocoa to oil and sugar. Even cattle. Plus metals such as silver, copper and palladium.
A leveraged approach can allow you to 'short'. You can't do this with ETFs or owning metal bullion. Be aware some markets are far smaller than others. For example, the silver market is 10% of the gold market in value terms. That means increased volatility as buyers and sellers test valuations.
some commodity markets are smaller than others meaning increased volatility as buyers and sellers test valuations.
In-the-hand cash, even. If you invest in a mining metals company you will have an annual management report. And possibly a quarterly dividend (the compounding effect of dividends long term are phenomenal).
Plus you will receive regular performance updates so you can decide whether to eject or stay invested. Down the road there may be mergers, acquisitions and takeovers, allowing you to benefit further.
5. The end of King Dollar?
Some predict the value of the US dollar will deteriorate long term. Central bank mismanagement will see the wider international monetary system collapse. Hyperinflation…a new Sino-Russian hegemony. Some theories are wilder than others.
'Metal money' is tangible. It doesn't need feeding. It can't be hacked. It's awfully…analogue.
Commodities players includes hedgers, arbitrageurs and other financial market players. Most are attempting to profit from pricing inefficiencies. There's a lot of competition.


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– japoński piłkarz występujący na pozycji bramkarza. Obecnie występuje w Tokushima Vortis.

Kariera klubowa
Od 2007 roku występował w klubach Nagoya Grampus i Tokushima Vortis.

Bibliografia

Japońscy piłkarze
Urodzeni w 1988
Piłkarze Nagoya Grampus
Piłkarze Tokushima Vortis