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Comic Con, J-Pop, and Bill Nye are the nerd magnets on tap this month.
By Mike Rosen-Molina
Courtesy UC Theatre
Break out your pocket protectors: It's revenge of the nerds in September with plenty of geeky excitement. First up, San Francisco Comic Con opens, and it's the perfect opportunity for the nerds to come out in force to celebrate, enjoy, and talk incessantly about comic books, magazines, toys, games, Star Wars, Star Trek, anime, manga, cosplay, and popular culture. Sept. 1-3, noon-4 p.m., $30-$80, Moscone Center West, 800 Howard St., San Francisco, SanFranComicCon.com.
At the 2017 J-Pop Summit, you can eat pocky, clip Hello Kitty charms to your cellphone, and watch cartoons about neon-haired schoolgirls fighting giant robots in this celebration of everything that makes contemporary Japanese culture so fun and fascinating. Sept. 9-10, $30-$55, Fort Mason Center For Arts & Culture, Golden Gate National Recreation Area, Landmark Building C, 2 Marina Blvd., San Francisco, J-Pop.com.
Bill Nye the Science Guy started as a mechanical engineer at Boeing, but he left it all behind to pursue a career in comedy—and science! Bill Nye was the quirky but lovable geek in the bowtie who, in the '90s, picked up the esteemed mantle of pioneering kids' edutainment host Mr. Wizard and went on to demystify the workings of the universe for a whole new generation. Since his beloved eponymous TV series (named, of course, Bill Nye the Science Guy) ended, Nye continues to speak out about scientific inquiry and rational thought, advocating for better scientific education and understanding. Last year, Netflix announced the start of a new Nye series, Bill Nye Saves the World, where the bowtied guru chats with celebrity guests and conducts homebrewed experiments to break down the technical gobbledygook for the average viewer to understand. Save the world? If you were talking about anyone other than Nye, it might just sound a tad hyperbolic. But Bill Nye is poetry in motion—and he just might blind you with science. Science! The man who makes learning fun comes to the UC Theatre in September to make you laugh and to make you think. Sept. 10, 7 p.m., $42.50, UC Theatre, 2036 University Ave., Berkeley, TheUCTheatre.org.
Courtesy Fear Overload Scream Park
Fear Overload brings ghoulish antics and activities to San Leandro for Halloween.
Get an overdose of fear endorphins at Fear Overload. Hello, boils and ghouls, welcome to the scream park. Not even the Crypt Keeper himself could have said it any better. This spine-chilling attraction features two haunted houses, dubbed the scariest in California. Opens Sept. 30, 7-10 p.m., $25-$75, Bayfair Center, 15555 E. 14th St., San Leandro, FearOverload.com.
Ahoy, matey, tis the Pirates of Emerson Haunted Theme Park. Prepare to have your timbers shivered when these terrifying pirates storm the harbor for six haunted Halloween attractions at the Alameda County Fairgrounds in Pleasanton. Landlubbers, beware; you're in for a scare. Sept. 30-Oct. 31, 7-10 p.m., $30, Alameda County Fairgrounds, 4501 Pleasanton Ave., Pleasanton, PiratesOfEmerson.com.
Watch out; the ocean's full of hungry things. That's why we'd better eat them first at Pittsburg Seafood & Music Festival. Chow down on fish 'n' chips, battered shrimp, lobster rolls, piping-hot gumbo, and anything else from the dark, dank depths of the sea that can be battered, fried, steamed, or fricasseed. Sept. 9, 10 a.m.-7 p.m., Sept. 10, 10:30 a.m.-6:30 p.m., $11, Pittsburg Marina, 51 Marina Blvd., Pittsburg, PittsburgSeafoodAndMusicFestival.com.
Where does your food come from? Who grows it? What's real food? The answers can be found at the Oakland Real Food Festival, where attendees can learn the whole process of how food gets from the farm to your table while also enjoying artisan, sustainably sourced, locally farmed and crafted food from boutique food vendors. All street food at the festival costs $8 or less. Sept. 22-24, free, Jack London Square, Broadway and Embarcadero, Oakland, EatRealFest.com.
The Moraga Pear & Wine Festival is a festival that's made from 100 percent pear, or, as Stewart Lee might say, 100 percent pears. This family-friendly event features live musical entertainment by DJ RyanO, wine tasting with the Lamorinda Wine Growers Association, pear pies, pear jam, pear tarts, and pear cider. It's a regular pear paradise. Sept. 23, 11 a.m.-4 p.m. Free, Moraga Commons Park, 1425 St. Mary's Road, Moraga, Moraga.ca.us.
Courtesy Oaktoberfest
Oaktoberfest goes two days.
Break out your lederhosen and dirndls; it's time for the biggest celebration of beer this side of Munich. Oaktoberfest in the Dimond brings a taste of the old country's beer legacy to Oakland with traditional German music and beer, but also celebrates the uniquely East Bay contributions to this sudsy pastime with appearances by local Oakland microbrews, regional wines, and area bands. Sept. 30, 11 a.m.-7 p.m., Oct. 1, 10 a.m.-5 p.m., free admission, intersection of Fruitvale Avenue and MacArthur Boulevard, Dimond district, Oakland, Oaktoberfest.org.
The multi-platinum queen of hip-hop soul, Mary J. Blige, is one of the most popular recording artists of the past quarter century and continues to astound. The Paramount Theatre plays host to a stop on her 21-city tour to promote her 13th studio album, Strength of a Woman. Sept. 9, 8 p.m., $39-$225, Paramount Theatre, 2025 Broadway, Oakland, ParamountTheatre.com.
CC Music is Entropy
Mary J. Blige plays the Paramount
All the hoboes will put down their bindlesacks, pull on their fingerless gloves, and top hats with the top cut out, and make their way to the Annual Bay Area Harmonica Convergence. Harmonica virtuosos Charlie Wade, Sean Parnell, and David Matthews will be there, too, to wow you with their harmonica prowess. Sept. 14, 8 p.m., $16-$20, Freight & Salvage Coffeehouse, 2020 Addison St., Berkeley, TheFreight.org.
They call themselves just an Average White Band, but, really, don't you think that's being overly modest? This so-called average band has been a mainstay of heavy get-down funk culture since the '70s and the infectious R&B anthems like "Cut The Cake" and "Pick Up the Pieces" turn any gathering into a party. This band always gets the groove on. Sept. 16, 7:30 p.m., $34, Yoshi's, 510 Embarcadero West, Oakland, Yoshis.com.
CC Sven-Sebastian Sajak
Hayley Williams of Paramore mixes emo pop with adult edge.
Paramore started young. Singer Hayley Williams was just 13 when she first met her bandmates at a program for local homeschooled junior high kids. Not everyone had faith that the youngsters' garage band would be anything more than a passing phase. Even bassist Jeremy Davis was initially certain his prepubescent cohorts would lose interest in the venture before they got anywhere. But they were wrong. Turning their youth to an advantage, Paramore became known for its "young-sounding" vocals and honest but not sulky emo pop sound that explored the actual complexities of modern teenage lives. Over a decade later, the group continues to mature and evolve, their poppy synth melodies taking on a darker, more adult edge. Paramore takes a 180-degree departure from its usual effervescent energy when it plays a concert in Oakland to promote its latest studio album, After Laughter, a study in contrasts that riffs on the upbeat sonic new wave musical style while also delving into dark themes of depression and exhaustion. Heavy stuff! Sept. 24, 7:30 p.m., $38-$75, The Paramount Theatre, 2025 Broadway, Oakland, ParamountTheatre.com.
The beloved Disney animation Beauty and the Beast returns to the stage with the romance between beautiful, intelligent Belle and the beast who might not be as beastly as he at first appears—also lots of dancing dishware, singing candelabras, and fussy clock majordomos. Opens Sept. 1, 8 p.m., $31-$64, Woodminster Amphitheater, 3300 Joaquin Miller Road, Oakland, Woodminster.com
In the SF Mime Troupe's 2017 Summer show WALLS, undocumented immigrant Zaniyah Nahuatl sneaks across the border from Mexico so that she can be with the woman she loves. But her lover just happens to be a top Immigration and Customs Enforcement official. At the same time, an Irish immigrant and fellow ICE agent is determined to prove her patriotism at any cost, even if it means destroying the lovers' hearts. Sept. 3, 2 p.m., Sept. 4, 2 p.m., free, Dolores Park, 19th and Dolores streets, San Francisco, SFMT.org.
Mike@MikeMelnyk.com
Velina Brown, left, is Mary Jones, and Marilet Martinez is Zaniyah Nahuatl in the SF MimeTroupe's WALLS
It's a real Sister Act when a flamboyant Vegas lounge singer witnesses her mobster boyfriend order his chauffeur whacked and becomes his next target. Luckily, the FBI's witness protection program has a plan: disguise her as a nun and hide her in a convent. She'll fit right in, right? Sept. 22-Oct. 22, 7 p.m. Fridays, 1 p.m. and 7 p.m. Saturdays, 2 p.m. Sundays, $22-$40, Berkeley Playhouse, 2640 College Ave., Berkeley. BerkeleyPlayhouse.org.
Remember, you need to really emphasize the "O" when you announce Oklahoma!, the classic Western love story between handsome cowboy Curly and local farm girl Laurey. OH!–klahoma. Opens Sept. 29, 8 p.m., $27-$30. Altarena Playhouse, 1409 High St., Alameda, Altarena.org.
What's the deal with college football? That's what Cincinnati comedian, podcaster, and football watcher Tom Segura would ask if he was doing a set about football. He does sets on other things too. His podcast, co-hosted by Christina Pazsitzky, was a finalist for Best Comedy Podcast at the Stitcher Awards, and he just released his third iTunes-topping stand-up album. Sept. 14, 8 p.m., $35. Fox Theater, 1807 Telegraph Ave, Oakland, TheFoxOakland.com.
CC LOL COMEDY FROM HOLLYWOOD
Rita Rudner disarms with charm and hilarity and will be in Livermore.
Wacky and charming but also vulnerable and disarming: Rita Rudner has a singular comedic style that gives new breath to old topics as she riffs on the oddities of today's modern a-go-go world, romance, family, and the supreme importance of cleaning ladies. If they made a cartoon about her, it would be Rita's Modern Life. Sept. 15, 8 p.m., $19-$39, Bankhead Theater, 2400 First St., Livermore, LVPAC.org.
Some of the top funniest people in the country got their start at this comedy jam, the SF Comedy Competition. Robin Williams, Dana Carvey, and Ellen DeGeneres all braved this stage back when they were fresh-faced unknowns. Who knows which of this year's hopefuls will go on to become tomorrow's comedy mega-stars? Sept. 22, 8 p.m., $30. Bankhead Theater, 2400 First St., Livermore, LVPAC.org.
'Last Podcast on the Left' Voyages Into the Unknown


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Justia › US Law › Case Law › Federal Courts › District Courts › New York › Southern District of New York › 1967 › National Maritime Union of America v. NLRB
National Maritime Union of America v. NLRB, 267 F. Supp. 117 (S.D.N.Y. 1967)
US District Court for the Southern District of New York - 267 F. Supp. 117 (S.D.N.Y. 1967)
267 F. Supp. 117 (1967)
NATIONAL MARITIME UNION OF AMERICA, AFL-CIO, Plaintiff,
NATIONAL LABOR RELATIONS BOARD and Ivan C. McLeod, Regional Director of the Second Region of the National Labor Relations Board, Defendants.
No. 66 Civil 2289.
United States District Court S. D. New York.
March 30, 1967.
*118 Abraham E. Freedman, New York City, for plaintiff, Stanley B. Gruber, New York City, of counsel.
Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Solomon I. Hirsh, Bernard M. Dworski, Attys., National Labor Relations Board, Washington, D. C., and Sidney Danielson, Regional Atty., Second Region, New York City, Attorneys for defendants.
WEINFELD, District Judge.
This action was instituted by the plaintiff Union to set aside an order of the National Labor Relations Board dismissing the Union's petition for its certification and to compel the Board to conduct a representation election pursuant to provisions of the Labor Management Relations Act.[1] The Board moves to dismiss the complaint pursuant to Rule 12 (b) of the Federal Rules of Civil Procedure on the grounds that (1) the court is without jurisdiction over the subject matter of the action; and (2) the complaint fails to state a claim upon which relief can be granted. For the reasons hereafter discussed, the court dismisses the complaint on both grounds.
In October 1965 the Union filed a petition under section 9(c) of the Labor Management Relations Act of 1947[2] seeking certification as the representative of the clerical employees of the United Fruit Company at its terminal in the Panama Canal Zone. An evidentiary hearing was held, and after consideration of the briefs of the Union and the employer, the petition was dismissed. The principal issue was whether, under the Act, the Board's jurisdiction extended to the employees in question.[3] The hearing disclosed and the Board found that the United Fruit Company, the employer, is a New Jersey corporation, with its principal place of business in Boston, Massachusetts, and operates throughout the United States and various countries of Central and South America, where it is engaged, inter alia, in the business of providing transportation in interstate and foreign commerce. The Board further found that the employees the Union seeks to represent are Panamanian nationals; that they perform their work at United Fruit's shipping terminal in the Canal Zone; that United Fruit pays them wages in accordance with the Fair Labor Standards Act; that the employees reside outside the Zone, are forbidden to make *119 purchases in the Zone, are subject to the laws of the Republic of Panama, and pay taxes to Panama.
The employer's basic position before the Board was that it was without jurisdiction over its operations with respect to the employees in question, since the Canal Zone is not a state, foreign country or territory within the commerce definition of the Act.[4] The Union, on the other hand, contended that the Board had jurisdiction under the Act in view of the sovereignty over the Canal Zone granted to the United States under the treaty of 1903 between our government and the Republic of Panama.
The Board did not reach the jurisdictional issue. It dismissed the petition on the ground it deemed it inappropriate to assert jurisdiction. The bases of its decision were contemporaneous negotiations between the United States and Panama for a new treaty and the announcement by President Johnson that the two countries had already agreed that the 1903 treaty would be abrogated and that the new treaty would effectively recognize Panama's sovereignty over the area of the present Canal Zone.[5]
SUBJECT MATTER JURISDICTION
Here the National Labor Relations Board has declined to process a representation petition filed by the Union under section 9(c). Ordinarily Board orders in such proceedings are not subject to direct review by the courts. Congress has provided an indirect and deliberately delayed review by the Courts of Appeals of representation orders by permitting challenge to them[6] whenever, based thereon, an unfair labor practice order has been issued under section 10(c) and its enforcement or review is sought under sections 10(e) or (f).[7] Congress, by so vesting jurisdiction in the Courts of Appeals to review representation orders, necessarily foreclosed District Court review. Nevertheless, the Supreme Court has held that the District Courts, under section 1337 of Title 28, have jurisdiction to set aside such orders in certain extraordinary circumstances.[8]*120 These exceptions to the normal rule precluding District Court intervention apply when the Board's order (1) violates a specific prohibition of the Act,[9] or (2) interferes with our government's foreign relations.[10] The Union contends that the Board's instant order comes within both exceptions.
First, it argues the Board improperly invaded the field of our foreign relations by predicating its dismissal upon the negotiations concerning the Zone and the President's statement with respect thereto. However, the Board's action is the converse of McCulloch v. Sociedad Nacional,[11] which created the exception based upon foreign affairs considerations and where the Supreme Court carefully limited its holding to Board orders which create urgent international problems.[12] Unlike McCulloch, there is no claim that the Board's declination of jurisdiction "aroused vigorous protests from foreign governments and created international problems for our Government,"[13] nor that the effect of the Board's action is that "an act of congress [will] * * * be construed to violate the law of nations * * *."[14] On the contrary, a statement of the Bureau of Public Affairs of the State Department concerning the negotiation of the new treaty for the Panama Canal and the President's announcement thereon notes that a basic conflict in interpretation of the sovereignty provision of the 1903 treaty has been the source of contention between our government and the Republic of Panama for more than sixty years, has become "a highly nationalistic, emotional issue in Panama" and was a factor contributing to the January 1964 demonstration in the Canal Zone and the break in relations between Panama and the United States.[15] The Board's declination of jurisdiction was calculated to avoid any action which might have been deemed an interference with international affairs and might have served to exacerbate the situation or disturb the progress of negotiations between the two governments. The Board's action, rather than "create international problems for our Government," sought to avoid them. Upon the facts, the McCulloch exception is inapplicable to the instant case.[16]
The Union next contends that this case falls within the Leedom v. Kyne exception.[17] There, the court held that the District Courts have jurisdiction "to strike down an order of the Board made in excess of its delegated powers and contrary to a specific prohibition in the Act."[18] The Union's position here is that the Kyne exception extends also to Board orders which decline to assert *121 jurisdiction in the face of clear commands of the Act; that section 9(c) (1)[19] contains such a clear mandate; and that the Board's action here violated this command. This contention must be viewed against the Supreme Court's admonition that the Kyne exception is a "narrow" one and that McCulloch was "not to be taken as an enlargement of the exception in Kyne."[20] The latter case itself indicates a distinction between statutory prohibitions and affirmative commands.[21] The difficulty with extending the Kyne exception to purported commands is highlighted by Local 1545, United Bhd. of Carpenters, etc. v. Vincent,[22] where affirmative statutory language was held not sufficiently clear and specific to support District Court jurisdiction. As the Carpenters case shows, the meaning of affirmative statutory declarations can generally be discovered only through statutory interpretation, whereas the meaning of prohibitions, as in Kyne, is apparent on the face of the statute. Such is the problem in the instant case.[23]
Section 9(c) (1), relied upon by the Union, provides:
"Whenever a petition shall have been filed * * * the Board shall investigate such petition and if it has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. * * * If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof."[24] [emphasis added.]
The Union contends that this provision is mandatory and that if a petition is presented and a question of representation affecting commerce exists, the Board is entirely without discretion but must direct an election. The Union's position disregards prior interpretations of and practice under 9(c) (1).
This statutory provision sets out the general steps to be followed in the processing of representation petitions: investigation; *122 hearing; election; certification. Since the provision for each stage is preceded by the word "shall," accepting the Union's literal interpretation would mean that the section imposes upon the Board a series of mandatory steps which it must follow in processing representation petitions. Section 9(c) (1) has never been interpreted or applied in this manner; the Board has been permitted and has exercised considerable discretion in processing representation petitions.
For many years, for example, the Board has declined to assert jurisdiction in representation proceedings over disputes within its statutory jurisdiction because the business done by the employer is not sufficiently substantial within the Board's self-defined standards.[25] Prior to the 1959 amendment to the Act which codified the Board's practice,[26] it met with judicial acceptance.[27] Section 9(c) (1) read then as it reads now,[28] and no other provision in the Act authorized the Board to decline jurisdiction; yet the "shall" in the section was not deemed to preclude the Board's discretion in this respect.[29]
In 1959 the Act was amended by the addition of section 14(c) (1) which grants the Board power to decline jurisdiction over insubstantial disputes.[30] Although this section seems by its terms to apply to representation as well as unfair labor practice proceedings,[31] and has *123 been so applied by the Board[32] with apparent judicial approval,[33] it was not deemed necessary to amend section 9(c) (1) to reconcile what if the Union's interpretation of the latter section is correct would be a blatant inconsistency in the statutory scheme. The very existence of section 14(c) (1), in addition to the prior accepted practice of the Board, precludes a finding that section 9(c) (1) contains such a clear and specific command that the Board is without discretion, but must process every petition that is presented which alleges that a question of representation "affecting commerce" exists.
Moreover, additional administrative and judicial gloss has been superimposed upon the language the Union contends to be mandatory. The Board has for many years declined to assert jurisdiction over nonprofit organizations.[34] This practice was in effect prior to the enactment of section 14(c) (1), and in any event, this section does not provide authority for the Board declining jurisdiction in the nonprofit cases.[35] Nevertheless, this practice has met with at least implicit judicial approval both before[36] and after[37] the enactment of section 14(c) (1).
Finally, as has been previously mentioned, each of the various steps prescribed by section 9(c) (1) for the processing of a representation petition is framed in a "shall" clause. However, as this section is interpreted and applied, the Board may, for any of several reasons, none of which is expressly authorized by the Act, decline to process a representation petition. For example, although a petition is filed in accordance with the section and the Board has jurisdiction, it may decline to proceed to an investigation or certification if the employees sought to be represented are already covered by a valid subsisting collective bargaining agreement.[38] Although Congress took note of this "contract-bar" rule when it amended the Act in 1947,[39] the Union's literal reading of 9(c) (1) would, as one court pointed out, outlaw the contract-bar rule.[40] Yet it has not been seriously argued that the word "shall" in section 9(c) (1) invalidates the rule. Several other examples can be cited of Board discretion notwithstanding *124 the language of the section here relied upon by the Union.[41]
Here, as in Local 1545, United Bhd. of Carpenters, etc. v. Vincent:
"If [petitioner] * * * is to prevail, it must therefore be on the basis that Leedom v. Kyne cannot rationally be restricted to the case of flouting a clear statutory command but must be taken to recognize jurisdiction of the District Court to enjoin representation orders whenever there is a colorable allegation that the Board has misread the declared will of Congress and the remedy afforded by § 9(d) is likely to prove inadequate * * *."[42]
There, the Court of Appeals rejected this theory; the possibility of an absence of remedy was not deemed sufficient reason to uphold District Court jurisdiction.[43] Nothing in the instant case warrants a departure from the rule of the Carpenters case. Section 9(c) (1) is by no means so clear and specific that when the Board declines to assert its authority it is acting in defiance of an express statutory command, thereby vesting this court with jurisdiction to review its action. Accordingly, upon the facts here presented, the court concludes it is without subject matter jurisdiction.
THE BOARD'S ORDER
Even if the court found it has jurisdiction over this suit, the complaint fails to state a claim warranting relief. It has been shown that under section 9(c) (1), as interpreted and applied, the Board has had discretion in deciding whether to process a representation petition. On the particular facts of the instant case, the Board acted within its *125 discretion and was not arbitrary or capricious.[44]
The Board's refusal to consider whether it had jurisdiction was manifestly based upon a combination of prudential considerations. An official pronouncement by the President of the United States stated that our government and the Republic of Panama had already agreed that upon the abrogation of the 1903 treaty, the new treaty would effectively recognize Panama's sovereignty over the present Canal Zone.[45] The resolution of this issue offered the prospect that the Board, even if it presently has jurisdiction of the employer's employees working in the Zone, would no longer have jurisdiction once the treaty was effectuated. Under this circumstance, the Board's action was not unreasonable.
When the probable happening of a future event is likely to settle definitively an issue before the Board, it is not unreasonable for the Board to defer its determination until after the event or until it appears reasonably likely that the event will not occur. Thus, for example, when the Board's General Counsel withheld final determination on the issuance of an unfair labor practice complaint pending the outcome of litigation in a state court on the ground that this litigation could affect the unfair labor practice charge, he did not abuse his discretion.[46] The Union, however, strongly presses that the process of treaty negotiation is slow and cumbersome, may extend over a considerable period; that accord may never be reached and, even so, that Senate ratification may not be forthcoming. These conjectural possibilities must yield to the fact that the government does not operate in a vacuum. The Board is not required to disregard a statement by the President that the United States and Panama are already agreed that: "The 1903 Treaty will be abrogated. The new treaty will effectively recognize Panama's sovereignty over the area of the present Canal Zone."[47] On the basis of this statement, recited in the Board's Decision and Order, the Board could reasonably defer deciding whether it had jurisdiction over the Panamanian nationals employed at United Fruit's operations in the Panama Canal Zone, an area where the Board has *126 no office and no facilities for supervising labor-management relations.[48] The Board's order is no more than a deferment; should international conditions change or the treaty negotiations reach an impasse, the Board may well reconsider its position.[49]
Further, the opinion of the Supreme Court in McCulloch v. Sociedad Nacional[50] makes it perfectly clear that considerations of international relations are highly relevant indeed, indispensable in determining the extent of the Board's jurisdiction.[51] This court perceives no reason why such considerations are not equally relevant to the Board's determination whether to assert jurisdiction.[52] On the basis of the recent status of United States-Panamanian relations and the President's statement regarding current negotiations, it was not unreasonble for the Board to conclude that its assertion of jurisdiction over these Panamanian nationals working in the Canal Zone during the negotiations could well have an undesirable impact.
The complaint is dismissed.
[1] 29 U.S.C. § 141 et seq.
[2] 29 U.S.C. § 159(c).
[3] The employer also urged that the requested unit was inappropriate.
[4] 29 U.S.C. § 152(6): "The term `commerce' means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country."
[5] Statement by the President on the Progress of Treaty Negotiations With Panama, LIII Dep't State Bull. 624 (1965).
[6] 29 U.S.C. § 159(d): "Whenever an order of the Board made pursuant to section 160(c) of this title is based in whole or in part upon facts certified following an investigation pursuant to subsection (c) of this section and there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall be included in the transcript of the entire record required to be filed" in the Court of Appeals.
[7] Boire v. Greyhound Corp., 376 U.S. 473, 476-477, 84 S. Ct. 894, 11 L. Ed. 2d 849 (1964); American Federation of Labor v. NLRB, 308 U.S. 401, 60 S. Ct. 300, 84 L. Ed. 347 (1940); Miami Newspaper Printing Pressmen's Union, etc., v. McCulloch, 116 U.S.App.D.C. 243, 322 F.2d 993, 994 (1963); Local 1545, United Bhd. of Carpenters, etc. v. Vincent, 286 F.2d 127, 129 (2d Cir. 1960).
[8] The Union claims jurisdiction also under 29 U.S.C. § 159 and § 10 of the Administrative Procedure Act. § 159(d) and the sections to which it refers, 160(e) and (f), make clear on their faces that they are totally inapplicable. § 10 of the APA (now 5 U.S.C. § 701 et seq. (1966)) is likewise inapplicable. The purpose of this section "is to define the procedures and manner of judicial review of agency action, rather than to confer jurisdiction upon the courts." Ove Gustavsson Contracting Co. v. Floete, 278 F.2d 912, 914 (2d Cir.), cert. denied, 364 U.S. 894, 81 S. Ct. 225, 5 L. Ed. 2d 188 (1960). Accord, Local 542, International Union of Operating Engineers, etc. v. NLRB, 328 F.2d 850, 854 (3d Cir.), cert. denied, 379 U.S. 826, 85 S. Ct. 52, 13 L. Ed. 2d 35 (1964); Kansas City Power & Light Co. v. McKay, 96 U.S.App.D.C. 273, 225 F.2d 924, 933, cert. denied 350 U.S. 884, 76 S. Ct. 137, 100 L. Ed. 780 (1955).
[9] Leedom v. Kyne, 358 U.S. 184, 79 S. Ct. 180, 3 L. Ed. 2d 210 (1958).
[10] McCulloch v. Sociedad Nacional, 372 U.S. 10, 83 S. Ct. 671, 9 L. Ed. 2d 547 (1963). Courts of Appeals have also held that the District Court may intervene when it is alleged the Board's order has deprived plaintiff of a constitutional right. Fay v. Douds, 172 F.2d 720 (2d Cir. 1949). See also Leedom v. International Bhd. of Elec. Workers, 107 U.S.App.D.C. 357, 278 F.2d 237 (1960).
[11] 372 U.S. 10, 83 S. Ct. 671, 9 L. Ed. 2d 547 (1963).
[12] Id. at 17, 83 S. Ct. at 675.
[14] Id. at 21, 83 S. Ct. at 678, quoting from The Charming Betsy, 2 Cranch 64, 118, 6 U.S. 64, 118, 2 L. Ed. 208 (1804).
[15] Statement Concerning United States-Panama Relations and the Negotiation of a New Treaty for the Panama Canal, Office of Public Services, Bureau of Public Affairs, Department of State.
[16] The broader interpretation of McCulloch contended for by the Union, that the District Courts have jurisdiction to review any Board order predicated in any way upon international considerations, is unacceptable. Under this view, the courts would have jurisdiction whenever the Board considers labor disputes having contacts with foreign nations. Both in the McCulloch case itself and in the subsequent case of Boire v. Greyhound Corp., 376 U.S. 473, 480, 84 S. Ct. 894, 11 L. Ed. 2d 849 (1964), the Supreme Court emphasized that the "interference with international affairs exception" is extremely narrow.
[17] 358 U.S. 184, 79 S. Ct. 180, 3 L. Ed. 2d 210 (1958).
[18] Id. at 188, 79 S. Ct. at 184.
[19] 29 U.S.C. § 159(c) (1).
[20] Boire v. Greyhound Corp., 376 U.S. 473, 480, 84 S. Ct. 894, 898, 11 L. Ed. 2d 849 (1964). The Courts of Appeals have also narrowly confined the Kyne exception. Firestone Tire & Rubber Co. v. Samoff, 365 F.2d 625 (3d Cir. 1966); Boire v. Miami Herald Publishing Co., 343 F.2d 17 (5th Cir.), cert. denied, 382 U.S. 824, 86 S. Ct. 56, 15 L. Ed. 2d 70 (1965); Machinery, Scrap Iron, Metal & Steel Chauffeurs, etc. v. Madden, 343 F.2d 497 (7th Cir.), cert. denied, 382 U.S. 822, 86 S. Ct. 53, 15 L. Ed. 2d 69 (1965); Eastern Greyhound Lines v. Fusco, 323 F.2d 477 (6th Cir. 1963); Leedom v. Fitch Sanitarium, Inc., 111 U.S.App.D.C. 55, 294 F.2d 251 (1961); Local 1545, United Bhd. of Carpenters v. Vincent, 286 F.2d 127, 129 (2d Cir. 1960). But see Miami Newspaper Pressmen's Union, etc. v. McCulloch, 322 F.2d 993, 997 (1963).
[21] 358 U.S. 184, 189, 79 S. Ct. 180, 184 (1958). Quoting from Texas & New Orleans R.R. v. Brotherhood of Railway & Steamship Clerks, 281 U.S. 548, 50 S. Ct. 427, 74 L. Ed. 1034 (1930), the court stated: "`While an affirmative declaration of duty contained in a legislative enactment may be of imperfect obligation because not enforceable in terms, a definite statutory prohibition of conduct * * * cannot be disregarded * * *.'"
[22] 286 F.2d 127, 132 (2d Cir. 1960). See also Boire v. Miami Herald Publishing Co., 343 F.2d 17, 22-24 (5th Cir.), cert. denied, 382 U.S. 824, 86 S. Ct. 56, 15 L. Ed. 2d 70 (1965).
[23] No implication is intended that an affirmative command could never come within the Kyne exception, but only that many such "commands," as the one here, will not meet the requirements of clarity and specificity. See Note, 66 Columbia L.Rev. 1546, 1550-51 (1966): "[M]any of the act's provisions relevant to elections and certifications are couched in mandatory language. It is not surprising, therefore, that the courts have foundered in deciding which statutory commands are sufficiently clear and which violations sufficiently plain to warrant district court interference in the Board's processes." But see Miami Newspaper Pressmen's Union, etc. v. McCulloch, 116 U.S.App.D.C. 243, 322 F.2d 993, 997 (1963).
[25] McCarron Co., 100 N.L.R.B. 1537, 1539 n. 3 (1952); C. A. Braukman, 94 N.L. R.B. 1609. 1611 (1951). See also Siemons Mailing Service, 122 N.L.R.B. 81 (1958).
[26] § 14(c) (1), 29 U.S.C. § 164(c) (1): "The Board, in its discretion, may * * * decline to assert jurisdiction over any labor dispute involving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction: Provided, That the Board shall not decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959."
[27] San Diego Bldg. Trades Council, etc. v. Garmon, 359 U.S. 236, 238, 79 S. Ct. 773, 3 L. Ed. 2d 775 (1959); NLRB v. Guy F. Atkinson Co., 195 F.2d 141, 145-146 (9th Cir. 1952); Garmon v. San Diego Bldg. Trades Council, 45 Cal. 2d 657, 291 P.2d 1, 5 (1955), rev'd on other grounds, 353 U.S. 26, 77 S. Ct. 607, 1 L. Ed. 2d 618 (1957).
[28] The language of § 9(c) (1) of the Act here in issue has not been altered since it was amended in 1947. See 61 Stat. 144 (1947).
[29] With respect to the related question of the Board's power to decline jurisdiction in unfair labor practice proceedings, the courts generally did not question the Board's discretion. See NLRB v. W. B. Jones Lumber Co., 245 F.2d 388, 391 (9th Cir. 1957); NLRB v. Stoller, 207 F.2d 305, 307 (9th Cir. 1953), cert. denied, 347 U.S. 919, 74 S. Ct. 517, 98 L. Ed. 1074 (1954); Haleston Drug Stores, Inc. v. NLRB, 187 F.2d 418, 420 (9th Cir. 1952); NLRB v. Newark Morning Ledger Co., 120 F.2d 262, 268, 137 A.L.R. 849 (3d Cir.), cert. denied, 314 U.S. 693, 62 S. Ct. 363, 86 L. Ed. 554 (1941); Agwilines, Inc. v. NLRB, 87 F.2d 146, 150-151 (5th Cir. 1936). Since the rights conferred on a union under § 9(c) are enforceable only by means of unfair labor practice proceedings, it would make little sense to hold that the Board has less discretionary power over representation proceedings than over unfair labor practice proceedings, regardless of any difference in the language between § 9(c) and § 10 of the Act.
[30] See n. 26 supra. The problem to which § 14(c) (1) was addressed was the "noman's land" created by the Supreme Court's holding in Guss v. Utah Labor Relations Bd., 353 U.S. 1, 77 S. Ct. 598, 1 L. Ed. 2d 601 (1957), that the states were pre-empted from regulating labor relations in the area of the Board's statutory but unexercised jurisdiction. See McCulloch v. Sociedad Nacional, 372 U.S. 10, 20 n. 10, 83 S. Ct. 671, 9 L. Ed. 2d 547 (1963). The legislative history is concerned with this problem and sheds little light on the instant issue.
[31] § 14(c) (1), 29 U.S.C. § 164(c) (1), permits the Board to decline jurisdiction over "any labor dispute." § 2(9), 29 U.S.C. § 152(9), defines "labor dispute" as "any controversy concerning * * * representation." See National Maritime Union, etc. v. NLRB, 342 F.2d 538, 541 (2d Cir.), cert. denied, 382 U.S. 835, 86 S. Ct. 78, 15 L. Ed. 2d 78 (1965); New York Handkerchief Mfg. Co. v. NLRB, 114 F.2d 144, 148 (7th Cir.), cert. denied, 311 U.S. 704, 61 S. Ct. 170, 85 L. Ed. 457 (1940).
[32] E. g., Flatbush General Hospital, 126 N.L.R.B. 144 (1960). See also Athens T.V. Cable Inc. v. Communications Workers, 160 N.L.R.B. 92 (1966).
[33] See Leedom v. Fitch Sanitarium, Inc., 111 U.S.App.D.C. 55, 294 F.2d 251 (1961). See also Pennsylvania Labor Relations Bd. v. Butz, 411 Pa. 360, 192 A.2d 707, 712-714 (1963); Cox, The Landrum-Griffin Amendments to the NLRA, 44 Minn.L.Rev. 257, 262 (1959).
[34] Leland Stanford Junior University, 152 N.L.R.B. 704 (1965); Massachusetts Institute of Technology, 152 N.L.R.B. 598 (1965); Crotty Bros., N.Y. Inc., 146 N.L. R.B. 755 (1964); Armour Research Foundation, 107 N.L.R.B. 1052 (1954); Trustees of Columbia University, 97 N.L. R.B. 424 (1951); Philadelphia Orchestra Ass'n, 97 N.L.R.B. 548 (1951).
[35] See, e.g., Trustees of Columbia University, 97 N.L.R.B. 424, 425 (1951), where the Board expressly found that the employer's effect on commerce satisfied both the statutory and discretionary jurisdictional standards but nevertheless declined to assert jurisdiction.
[36] Office Emp. Intern. Union, etc., v. NL RB, 353 U.S. 313, 318-319, 77 S. Ct. 799, 1 L. Ed. 2d 846 (1957).
[37] NLRB v. Chain Serv. Restaurant, Luncheonette & Soda Fountain Employees, 302 F.2d 167, 173 (2d Cir. 1962).
[38] See Seventh Annual Report of the National Labor Relations Board (1942), quoted in Local 1545, United Bhd. of Carpenters, etc., v. Vincent, 286 F.2d 127, 130 (2d Cir. 1960).
[39] See n. 40 infra.
[40] The court rejected the possibility that 9(c) (1) invalidated the contract-bar rule. Local 1545, United Bhd. of Carpenters, etc. v. Vincent, 286 F.2d 127, 131, n. 4 (2d Cir. 1960).
[41] First: If, after an election petition is filed, a union can show that the employer has no good faith doubt that the union in fact represents a majority of his employees, the Board will find the employer guilty of a § 8(a) (5), 29 U.S.C. § 158 (a) (5), refusal to bargain in good faith, and order it to bargain with the union. Thus, despite section 9(c) (1), a union may "organize" a company within the Board's jurisdiction and as to which election proceedings were commenced without ever having won an election. See NLRB v. Gotham Shoe Mfg. Co., 359 F.2d 684, 686 (2d Cir. 1966), which cites all the relevant cases. The "mandatory" language of § 9(c) (1) does not grant the employer an absolute right to an election. See NLRB v. Gotham Shoe Mfg. Co., supra; NLRB v. Nelson Mfg. Co., 326 F.2d 397, 399-400 (6th Cir. 1964); NLRB v. Decker, 296 F.2d 338, 341 (8th Cir. 1961). See generally, Union Authorization Cards, 75 Yale L.J. 805 (1966). Second: Without express statutory authorization, see Surprenant Mfg. Co. v. Alpert, 318 F.2d 396, 397 (1st Cir. 1963), it has been for years the Board's policy to refuse to proceed with an election where one would otherwise be held while substantial unfair labor practice charges are pending. This practice has been approved by the courts. Furr's Inc. v. NLRB, 350 F.2d 84, 85-86 (10th Cir. 1965); Surprenant Mfg. Co. v. Alpert, supra. Third: Notwithstanding the language that "the Board shall investigate such petition" in 9(c) (1), 29 U.S.C. § 159(c) (1), the Board may decline to investigate absent a showing that a substantial number of employees, defined by Board Regulation, 29 C.F.R. § 101.27, as thirty per cent, wish to be represented. Since it has been held that actual proof of substantial employee interest is not prerequisite to the Board's jurisdiction, NLRB v. National Truck Rental Co., 99 U.S. App.D.C. 259, 239 F.2d 422, 424-425 (1956), cert. denied, 352 U.S. 1016, 77 S. Ct. 561, 1 L. Ed. 2d 547 (1957); NLRB v. J. I. Case Co., 201 F.2d 597, 598-600 (9th Cir. 1953), this procedure, too, may result in the Board declining to "assert jurisdiction," in the sense of denying access to its facilities, when it has such jurisdiction.
[42] 286 F.2d 127, 132 (2d Cir. 1960). See also Eastern Greyhound Lines v. Fusco, 323 F.2d 477 (6th Cir. 1963); Consolidated Edison Co. of N.Y. v. McLeod, 302 F.2d 354, 355 (2d Cir. 1962), both holding the District Court lacked jurisdiction where the most shown is that the Board's action is arbitrary, unreasonable and unsupported by the evidence; Surprenant Mfg. Co. v. Alpert, 318 F.2d 396, 399 (1st Cir. 1963) (abuse of discretion by Board will not support District Court jurisdiction under Kyne.)
[43] 286 F.2d 127, 133 (2d Cir. 1960).
[44] The cases of Office Employes International Union v. NLRB, 353 U.S. 313, 77 S. Ct. 799, 1 L. Ed. 2d 846 (1957) and Hotel Employees Local No. 255, etc. v. Leedom, 358 U.S. 99, 79 S. Ct. 150, 3 L. Ed. 2d 143 (1958) are not to the contrary. In both of these cases, the Board had refused to exercise its jurisdiction on an industry wide basis. See NLRB v. Pease Oil Co., 279 F.2d 135, 138 (2d Cir. 1960). In the Office Employes case, the Board's rationale for refusing to assert jurisdiction over labor unions when acting as employers was that they were within the nonprofit organization category. In this circumstance, the Supreme Court held that since the reason for the nonprofit organization exclusion "has no applicability to union activity such as that found here," and further, since the Board's action was contrary to the intent of Congress, the Board's order was arbitrary and beyond its power. 353 U.S. at 319-320, 77 S. Ct. at 803. In the Hotel Employees case, the Board's ground for declining jurisdiction, its "long standing policy not to exercise jurisdiction over the hotel industry," was equally unreasonable, and was therefore held to be arbitrary. In the instant case, on the other hand, sound reasons support the Board's action.
[45] Statement by the President, supra, n. 5.
[46] Division 1267, Amalgamated Ass'n of Street, Elec. Ry. & Motor Coach Employees, etc. v. Ordman, 116 U.S.App. D.C. 7, 320 F.2d 729 (1963). Cf. NLRB v. Pool Mfg. Co., 339 U.S. 577, 70 S. Ct. 830, 94 L. Ed. 1077 (1950) (under the circumstances, a two and one-half year delay between issuance of unfair labor practice order and petition for enforcement was permissible); NLRB v. Superior Fireproof Door & Sash Co., 289 F.2d 713, 723 (2d Cir. 1961) (implying that a Board delay in deciding an unfair labor practice case is permissible if supported by a reasonable explanation).
[48] The United Fruit Company's brief submitted to the Board emphasized that for the more than thirty years of the Board's existence it had never processed a petition with respect to Canal Zone employees, never maintained offices there, had no agents or employees there, and never mentioned the Zone in any rule or regulation. Thus, severe administrative problems might have been encountered had it acted upon the plaintiff's petition. While these matters are not referred to in the Board's decision, they are circumstances relating to its internal organization which it might well have taken into account.
[49] See Leedom v. Fitch Sanitarium, Inc., 111 U.S.App.D.C. 55, 294 F.2d 251, 255 (1961): "The Board's declination of jurisdiction * * * is not irrevocable. The Board retains a discretion in the matter, to be exercised in the light of developments." And see n. 46, supra.
[51] Id. at 20-22, 83 S. Ct. at 677-678.
[52] The Board should not be and is not required to blind itself to national policies and problems not within the category of labor relations. Thus, for example, in determining whether to assert jurisdiction it may take account of the fact that the employer's business is involved in the National Defense program. NLRB v. Stoller, 207 F.2d 305, 307 n. 4 (9th Cir. 1953), cert. denied, 347 U.S. 919, 74 S. Ct. 517, 98 L. Ed. 1074 (1954). That the Board is not precluded from considering national policies unrelated to labor relations is pointedly demonstrated by Southern S.S. Co. v. NLRB, 316 U.S. 31, 47, 62 S. Ct. 886, 894, 86 L. Ed. 1246 (1942), where the Supreme Court stated: "[T]he Board has not been commissioned to effectuate the policies of the Labor Relations Act so single-mindedly that it may wholly ignore other and equally important Congressional objectives."

redpajama_set_name: RedPajamaCommonCrawl


Class action lawsuit for online behavioural advertising practices!
It is complex and it's not just about OBA, cookies and advertising. As with the recent Vidal-Hall Vs Google case, there's clearly a growing sentiment that "enough is enough", you can't make vast sums of money trading personal data when you never asked permission in the first case.


Paperback, 6.5 x 8.75 in. / 298 pgs / 40 color / 95 bw.
Edited and text by Sabine Russ, Gregory Volk.
As a medium of critical analysis, can art reflect America's present situation? This volume features sculptures, installations, painting, photography and videos that address the U.S. now. Artists include Janine Antoni, Joe Amrhein, Spencer Finch, David Herbert, Joan Jonas, Nina Katchadourian, Karyn Olivier, Joyce Pensato, William Pope.L and others.
"…It is important to acknowledge that "carnival" is an expansive term… It refers to annual per-Lenten celebrations and rituals such as Fasching in Germany, Carnevale in Venice, and Carnival in Trinidad and Tobago (among many others), but also to road shows, traveling circuses, vigorous festivals, roadside attractions and amusement parks. Moreover, as the great Russian writer Mikhail Bakhtin pointed out, carnival situations can also arise in the midst of normal, daily life. In Bakhtin's terms, the 'carnivalized moment' or the 'carnivalized situation' are those moments when the normal rules, values, hierarchies and modes of apprehension are temporarily suspended in favor of a brand new freedom, which can be simultaneously ungainly and exhilarating, bewildering and liberating. These carnivalized moments do not seek to transcend normal life; they don't try to substitute a keen new consciousness for an enervated one. Instead, both mundane and carnivalized life exist together, and one moves between the two, entering the carnivalized situation in order to be tested and transformed and then returning to one's normal life--perhaps shaken, perhaps deepened--with some of the wisdom that one has gained…"
Sabine Russ and Gregory Volk, excerpted from their essay in Carnival Within: An Exhibition Made in America.
FORMAT: Pbk, 6.5 x 8.75 in. / 298 pgs / 40 color / 95 b&w.


text:
OMD Tickets
Ulster Hall Belfast - BelfastOMD
Portsmouth Guildhall - PortsmouthOMD
Olympia Theatre - DublinOmd 40 Years: Greatest Hits
Olympia Theatre - DublinOmd: 40 Years: VIP Package
Olympia Theatre - DublinOmd: 40 Years: VIP Package & Tour
About OMD
Orchestral Manoeuvres in the Dark - "History of Modern"
Released on 100% Records on 4 October 2010
Orchestral Manoeuvres In The Dark, one of the UK's most iconic bands, are back with their first new album in 14 years, the appropriately entitled 'History Of Modern'. And what a return. Andy McCluskey has called it 'our best album since Architecture and Morality' - and few would disagree. The album was produced by OMD and mixed by one of the UK's most in demand producers Mike Crossey (Artic Monkeys/Blood Red Shoes/Razorlight).
'History of Modern' is a powerful, pulsating, vibrant and contemporary album with a strong pop sensibility. Tracks such as 'Pulse', 'Save Me', 'Sister Marie Says' and 'The Future' are huge future dancefloor fillers while others like the downtempo 'Bondage Of Fate', 'If You Want It' and 'Sometimes' are quite simply beautiful, classic OMD songs.
The music sees a return to the band's early pioneering electronic roots, a sound that is now recognised as being a major influence on many of today's electro artists. The likes of LCD Soundsystem's James Murphy, The XX and The Killers have all cited OMD as a massive inspiration.
This autumn also sees OMD embark on the 'History of Modern' tour, with the classic line up of Andy McCluskey, Paul Humphreys, Martin Cooper and Malcolm Holmes. After three years of critically acclaimed sell out concerts in the UK and Europe these dates will see the band mixing the new songs with the classic hits to create a distinctly contemporary live show.
OMD, Orchestral Manoeuvres In The Dark, formed in the late '70s and became quickly established as one of the UK's finest left-of-centre groups. Mixing pop with electronic sounds and twisting it with a fine art sensibility, they created a unique sound and space for themselves in the charts. With art and commerce deftly dealt with, they became massively successful in the '80s all around the world.
One of their key releases from that time was their album "Architecture & Morality". Originally released in 1981, it sold over 3 million copies, spawned the three massive Top Ten Hits "Souvenir", "Joan of Arc" and "Maid Of Orleans" (which, incidentally sold 8 million copies between them), and is now widely recognized as one of the most influential records in the history of electronic music.


The major difference being OOPS concept, C++ is an object oriented language whereas C language is a procedural language. Apart form this there are many other features of C++ which gives this language an upper hand on C laguage.
C++ supports and allows user defined operators (i.e Operator Overloading) and function overloading is also supported in it.


text:
Hit The Wall by Ike Holter
https://www.ticketmaster.com/venue/57369
Directed by David Prete
It's the summer of '69 and the death of music icon Judy Garland has emboldened her gay followers. A routine police raid on an underground Greenwich Village hotspot erupts in to a full-scale riot, the impetus of the modern gay rights movement. That's the well-known, oft-rehearsed myth of Stonewall, anyhow. Smash that myth against the vivid theatrical imagination of playwright Ike Holter, add a howling live rock 'n' roll band, and you get HIT THE WALL. Remixing this historic confrontation reveals ten unlikely revolutionaries, caught in the turmoil and fighting to claim "I was there."
February 14, 18, 19, 20, 21, 22 at 7:30 p.m.
February 15, 16 at 2 p.m.
Westhoff Theatre on the campus of Illinois State University
Tickets are available at the Center for the Performing Arts Box Office at (309)438-2535.
Students and Seniors – $10
Adults – $12
School of Theatre and Dance
theatre@ilstu.edu
https://finearts.illinoisstate.edu/theatre-dance/
Westhoff Theatre
401 S. School Street


Chitactac-Adams County Park is a 4.3 acre park featuring several cultural artifacts, including bedrock mortars and petroglyphs left by the Ohlone Indians. Attractions include a self-guided interpretive walk and an interpretive shelter, as well as the scenic Uvas Creek.
The Rusty Wallace Racing Experience - Stockton 99 Speedway features a ¼ mile short oval track with a 5,000-seat capacity. The location not only hosts races, but also offers visitors the chance to ride in a race car.


text:
YouTube's got big plans for web TV: specialized channels with niche and original content
YouTube's come quite a long way from its roots as a repository for random videos from the public. It's gone from "Chocolate Rain" and the Tron guy to streaming Disney classics and now creating original, quality content. The New Yorker spoke extensively with YouTube's Global Head of Content Robert Kyncl about the site's future plans, and YouTube's got its sights set on grabbing a big slice of TV's $300 billion pie. Kyncl thinks the future of TV is in niche content, and YouTube's original channels are just the vehicle to deliver it direct to your digital door. The site is commissioning people and companies to create the channels (as opposed to individual shows or pieces of content) which gives the creators freedom to program their channels as they see fit — all YouTube asks is that they provide a certain number of hours of programming per week. This production model is apparently pretty attractive to content producers, given the talent that's on board and the amount of content that'll be rolling out over the next six months.
The idea is that all the original content will get people watching YouTube for longer periods of time, and in turn grant more opportunities to reap ad revenue. Of course, these specialized channels don't provide the wide advertising reach of traditional television, but they do allow advertisers to target very specific audiences with focused ads. That presumably provides them with better bang for their buck. Time will tell if YouTube's new plan will win the war against traditional television and web TV (including Kyncl's former employer Netflix), but free, quality on-demand content certainly sounds good to us. Get a fuller accounting of Kyncl's vision at the source below, and feel free to sound off in the comments if you're picking up what he's putting down.
YouTube's got big plans for web TV: specialized channels with niche and original content originally appeared on Engadget on Sun, 08 Jan 2012 06:35:00 EDT. Please see our terms for use of feeds.
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in Conway South Carolina Is Available?
Should I advertise my Carpet Cleaning business on Conway, South Carolina on the internet?
Yes! Advertising your Carpet Cleaning business in Conway, South Carolina is an effective technique to get the word out about your services and get to much more potential customers. Just before the start of the internet service people were searching on the Yellow Pages or phoning numbers off fliers given by mail. Today, people invest mere seconds looking for services on search engines like google or reviews on Facebook or Yelp. Online is where potential customers are spending their particular time as well as it's where you need to invest your time and money advertising your Carpet Cleaning business.
Must I utilize videos on my Carpet Cleaning advertising in Conway, South Carolina?
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Should I invest an SEO firm 1000's of dollars a month for Carpet Cleaning marketing in Conway, South Carolina?
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In response to the article that appeared in Saturday's Echo, January 26, regarding the closure of the Alzheimer's Society's Hylton Road Centre.
I am very saddened to hear about the closure.
This provision was set up to help support people with Alzheimer's and their carers too.
It proved to be an absolute lifeline for my dad who cared for my mam for many years before needing to use the service himself when he was later diagnosed with dementia.
Before finding the service, he was very often a prisoner in his own home as he was unable to leave mam alone due to her own safety and care needs.
The centre gave him a new lease of life, he gained confidence within himself, he had something to look forward to and he made so many good friends.
I am sure that there will be many other people who feel equally as devastated by this news as my family and I do.
With an increasingly ageing population it is vital that we have these resources kept in the area and they should not be taken away.
I am so disappointed that the Alzheimer's Society are unable to see the need for this provision and I feel that they have failed the people of Sunderland.
I am very grateful that Sandra Falkner is campaigning to keep it open. You just never know if you or a family member are going to need it.


text:
hhgregg Debuts "Help"-Focused Ad Campaign
By Stephen Silver
hhgregg has launched its first-ever national advertising campaign, which is called "We Help."
According to a New York Times piece about the campaign, the ads emphasize the quality of the chain's staff, specifically their "smarter associates." The ads use a cover of the Beatles song "Help!"
The first ad describes hhgregg as "the fastest-growing appliance and electronics retailer in America."
T Stephen Silver Author's page


Pope Francis and 6 things you need to know about the Catholic Church in the U.S.
The sky is not falling on the Catholic Church in the United States, but it faces plenty of challenges as it welcomes Pope Francis for a six-day visit. Here are six key areas you may want to keep in mind when considering the evolving state of the nation's largest religious group.


text:
Ismail Mire Elmi (Lasadar, 1862 - Ogaden, 1950) was een Somalische dichter en militair. Hij diende als commandant in de Derwisjstaat.

Biografie
Ismail Mire leefde een nomadisch bestaan voordat hij zich aansloot bij Mohammed Abdullah Hassan, de leider van de Derwisjstaat. In 1910 viel hij met zijn cavalerie de stad Berbera aan, het administratieve centrum van de Britten in Somalië. Deze gedurfde aanval maakte grote indruk op de bevolking van de stad en was voor de Derwisjstaat een belangrijke psychologische overwinning. In 1913 leidde hij bij Dul Madoba de Derwisj-troepen naar de overwinning op een Brits leger, waarbij de Britse commandant Richard Corfield sneuvelde. Om Mohammed Abdullah Hassan op de hoogte te brengen van de veldslag, zond hij hem een gedicht waarin hij de overwinning bezong.

Mire gebruikte zijn talent als dichter om de bevolking middels zijn gedichten te inspireren voor de Jihad tegen de koloniale mogendheden. Toen zijn echtgenote klaagde dat hij zo veel afwezig was, schreef hij een gedicht waarin hij aangaf dat de strijd voor zijn land en geloof belangrijker waren dan familie en een rustig leven. Overigens reageerden zijn Somalische tegenstanders eveneens met gedichten waarin ze Mire en zijn strijd bekritiseerden.

In 1920 werd de Derwisjstaat definitief door de Britten verslagen toen de Royal Air Force de hoofdstad Taleh en enkele andere belangrijke plaatsen bombardeerde. Afgezien van zijn echtgenote, kwam de gehele familie van Ismail Mire om het leven. Na de nederlaag trokken hij en zijn vrouw zich terug als nomaden in het noorden van Somalië. Daar bleef hij met zijn gedichten de nieuwe machthebbers bekritiseren. In 1936 werd een goede vriend van hem vermoord, wat hem aanzette tot het schrijven van gedichten over deze gebeurtenis. Toen de zoon van de vermoorde man in 1946 wraak nam op een van de daders, werd Ismail Mire gearresteerd wegens het oproepen tot geweld in zijn gedichten. Na zijn vrijlating leefde hij weer als nomade; rond 1950 overleed hij in de regio Ogaden.

Legende
Het vliegveld Ismail Mire International Airport is naar hem genoemd.

Verzetsstrijder
Geschiedenis van Somalië

redpajama_set_name: RedPajamaWikipedia


Case Study - KingSpan Tarec supply building insulation to customers who were requesting eradication of corrugated board from building sites.
The corrugated boxes KingSpan had been using to deliver pipe insulation sections were replaced with returnable, reusable twin flute polypropylene units (shown right). These units are 'no tape' self closing with a tuck lock system which simultaneously braces the box, making them extremely strong. These returnable units can be reused at least 50 times and offer significant savings over corrugated boxes after just a few trips.
Those savings depend on retention of 'asset' and the complete all plastic system illustrated below was devised to achieve this. One of these storage/transit units is delivered to site along with every 60 reusable pipe insulation boxes. As the pipe insulation boxes are emptied of contents, they are flat packed and collated in these site storage units ready for return and reuse. Over multiple uses these units protect the reusable pipe insulation boxes at a cost of just pence per box and yet ensure their longevity so that significant savings can be achieved over time.
Lid removed with flat pack bi-fold sleeve partially opened.
Sleeve upended into tray - being filled on site with flat packed pipe insulation boxes.
Filled with 60 emptied and flat packed pipe insulation boxes ready to be returned to Kingspan Tarec.


text:
Q: Zope 2: How to save an object in debug shell? I can add/remove objects to Zope in debug shell easily, like app.manage_addProduct['OFS.Folder'].manage_addFolder('test').  However I can't figure out a way to persist the changes to the database.
Am I missing something obvious? TIA,
PS: I tried app._p_changed=1 but after exiting the shell using exit(), the changes hadn't been persisted.

A: You must commit the transaction, see: http://www.zodb.org/zodbbook/transactions.html

redpajama_set_name: RedPajamaStackExchange


I got off the bus at the Julia C. Lathrop homes, Chicago's oldest remaining public housing project, to find out what all the steam was about.
Tony, on the right, has lived in the Lathrop Homes for over 30 years.
This man said he didn't know what to expect from the CHA in the future, or what the Plan for Transformation meant for him and his community.
This woman was sure that eventually, they'd "get screwed" by the Chicago Housing Authority.
Julie says she misses her old apartment on the north side of the Lathrop development.
This hose emerged from the basement of one of the boarded up buildings at the Lathrop Homes.
These security cameras proved to be in full working order. After I attempted to open the door of a boarded up building, security personnel arrived to question me within minutes.
I got off the bus because I saw huge geysers of steam rising up from ground vents amidst the brownstone buildings. But the steam wasn't what was keeping residents preoccupied.
Everyone I talked to was worried about the future of the Lathrop Homes, and no one knew for sure whether the rest of the development would also be cleared of tenants and boarded up. They did not feel that the CHA has been adequately communicating its agenda on the Plan for Transformation to them.
As I continued taking pictures I jiggled the handle of a basement door from below which a long hose ran up and into a storm drain, leaking hot water onto the sidewalk. Within minutes I was approached by two uniformed, privately contracted security guards (one in an unmarked vehicle), and questioned.


Label, Shrink Label was posted December 4, 2016 at 4:45 pm by theirishcircle.us . More over Shrink Label has viewed by 51 visitor.
Label, Shrink Labeler was posted December 10, 2016 at 10:02 am by theirishcircle.us . More over Shrink Labeler has viewed by 106 visitor.


On close review of their text, of the four patients in whom no suchanalysis was possible due to absence of the BAEP altogether, three of them never regainedconsciousness. (1, 5) Morphine sulfate is given to relieve the patient'sanxiety caused by the dyspnea of pulmonary edema. Dividing theoutcome data into these two groups allows the same approach to be used as inthe previous section (page 177).
The dental endoscope can be usedto visualize the subgingival area to see if the cause is apparent. Excessive hunger is called .6. The major sideeffects of the ARB agents are hypotension and worsening renalfunction. Alternatively buy cheap Keppra a linear regression could be used# with the outcomemeasure in its original form, but this only measures association and the abilityto predict values of the continuous outcome for individuals and does not pro-vide risk results. Predictors of neurologic outcome in hypothermia aftercardiac arrest. Hematuria is the most common symptomof cancer of the bladder. (2006) The mesolimbic dopaminereward circuit in depression.
Apply cooling blanket to cool patient.4.


We have an exciting new shop opening up in Thornbury, Bristol. This will be our 5th shop to be opened. If you, or anyone you know, have a few hours to spare, we are looking for volunteer's to help with all aspects of running the new shop, please contact our Volunteer Coordinator at jessical@julianhouse.org.uk.
As a charity shop volunteer, you could be serving customers, dressing window displays, or getting stock ready behind the scene. It is a great way of meeting new people, making new friends, and for a lot of our volunteers it is a great way of learning and improving key skills. All charity shop volunteers are given full training and continued support.
We'd like to invite anyone thinking of volunteering in any of our Charity Shops to come and see us at one of our shops. To all of our volunteers, thank you for your support. We truly appreciate your time and loyalty and couldn't keep the shops running without you.
With the lovely warm sunny weather, we are seeing lots more customers coming in to the bike workshops. At the beginning of April, the Bath workshop took over £ 1700 in one day and the Trowbridge Workshop sold 11 bikes. Servicing and repairs is also picking up and we will be encouraging our Bath customers to book in or utilise our other workshops for a speedy service. Bristol continues to be busy with mainly servicing and repairs and we are working on improving the selection of adult refurbished bikes to try and improve sales.
In December we opened our fourth bike workshop at Erlestoke Prison near Devizes in Wiltshire. We are delivering bike maintenance training to the prisoners to support them to be more employable on release. The prisoners are refurbishing donated bikes which are being sold through our community bike workshops. So far, around 15 prisoners have utilised the bike workshop and over 200 bikes have been refurbished.
We are looking for Volunteer Bike Workshop Mechanics to join the team in Bristol and Trowbridge, so if you know anyone who is mechanically minded and has a passion for bikes please direct them to the job descriptions below.
This year the Volunteer Centre in Bath invited its members and guests to an AGM and review meeting with a nourishing and tasty difference. After the formalities of the AGM, two teams from local food-related charities, Julian House and Bath Foodcycle, demonstrated their cooking skills in a 'Ready Steady Cook – style' event, guided by two local chefs – Michel Lemoine (Bistro La Barrique) and Vincent Castellano.
The challenge was for each team to prepare and cook two plates of food in an hour. The teams consisted of two volunteers from Foodcycle and two from Julian House. The Julian House team did a fantastic job cooking a vegetable tagine and cous cous with a carrot, orange and onion side salad and rice pudding and caramelised mango desert. The judges, John Callum and Councillor Martin Veal, the Chairman of BANES Council, were very impressed with both teams dishes. There is an article about the event on the Bath Chronicle website.
The afternoon also had a serious side to it. All the main ingredients had been given to Foodcycle by supermarkets that would otherwise have thrown it away as past its 'best before' date, although it was all still perfectly edible. There followed a presentation on how much food is thrown away each year, either by supermarkets or as domestic waste and how the number of food banks has grown over the last 10 years to provide food to people who cannot afford to buy it.


text:
using System.Collections.Generic;
using System.IO;
using System.Text;
using System.Diagnostics.Contracts;
using System;

// Disable the "this variable is not used" warning as every field would imply it.
#pragma warning disable 0414
// Disable the "this variable is never assigned to".
#pragma warning disable 0649
// Disable the "this variable is never used".
#pragma warning disable 0169
// Disable the "new keyword not required" warning.
#pragma warning disable 0109
// Disable the "extern without DllImport" warning.
#pragma warning disable 0626
// Disable the "could hide other member" warning, can happen on certain properties.
#pragma warning disable 0108

namespace System.Web.UI
{
  abstract public partial class PropertyEntry
  {
    internal PropertyEntry() { }

    #region Properties and indexers
    public System.Type DeclaringType
    {
      get
      {
        return default(System.Type);
      }
    }

    public string Filter
    {
      get
      {
        return default(string);
      }
      set
      {
      }
    }

    public string Name
    {
      get
      {
        return default(string);
      }
      set
      {
      }
    }

    public System.Reflection.PropertyInfo PropertyInfo
    {
      get
      {
        return default(System.Reflection.PropertyInfo);
      }
      set
      {
      }
    }

    public Type Type
    {
      get
      {
        return default(Type);
      }
      set
      {
      }
    }
    #endregion
  }
}

redpajama_set_name: RedPajamaGithub


text:
Q: Как в CSS изменить свойства текстового узла? <button class="btn btn-lg btn-primary btn-block"  name="Submit" value="Login" type="Submit">Login</button>

Как мне тут менять свойства самого слова "Login"? Больше сделать его, или меньше. К какому селектору обращаться?

A: CSS не предоставляет возможности получить доступ к текстовому узлу (TextNode). Более того, это даже является излишним и совершенно ненужным, потому как все параметры текста внутри определенного элемента регулируются изменением свойств самого элемента.
Изменить цвет текста элемента можно при помощи свойства color, а его размер - при помощи свойства font-size.

A: Но варианты есть! Т.е. можно скрыть одно и вывести другое заменив наполнение.

button {
  font-size: 18px;
  padding: .2rem 1rem;
  width: 200px;
  position: relative;
}

button:hover span {
  visibility: hidden;
}

button:hover span::before {
  visibility: visible;
}

span::before {
  position: absolute;
  top: 0;
  r: 50%;
  transform: translateX(-50%);
  content: "Привет!";
  visibility: hidden;
}
<button type="button" name="button">test</button>


Inspired by Mathologer's video about Times Tables. Here, N is the number of points around the circle and M is the number we're multiplying by. Watch the video to understand what it's doing. First change N to see the cardioid shape. Then change M to see other patterns.
Alternatively: click/touch the diagram to change the parameters.
I really like the colored results!
And of course after I implemented this I found other people had done it too!


Do residents benefit from massive development projects which commercialise public land? Is Malta's budgetary surplus impacting different social groups in an equitable manner? Is social cohesion given the importance it deserves in Malta's policy process? These are some questions which merit evidence-based research through social impact assessments (SIAs).
In previous articles in this newspaper I referred to the need to assess the social impacts of development projects. In view of Malta's current economic model, I feel that the need for such evidence is needed now more than ever in different policy areas.
First things first. Some readers may not be conversant with this term. A social impact assessment reviews the social effects of development and social change, both intended and not.
The International Association for Impact Assessment defines an SIA as the process of analysing, monitoring and managing the intended and unintended social consequences, both positive and negative, of planned interventions and any social change processes invoked by those interventions.
Such changes may range from natural disasters to population growth and from policy interventions to singular development projects. Consequently, SIAs investigate the effects on people's everyday lives in terms of culture, politics, community, health, well-being, aspirations, needs, rights and responsibilities, to name a few. They provide data for policymaking, which is based on evidence.
Various methods, both quantitative and qualitative could be used within social impact assessments. The former refers to generalisable data especially through numbers, while the latter produce in-depth data on matters.
Research methods in SIAs may therefore include surveys of concerned populations who are asked questions on their perceptions of the change in question. Ethnographic methods may involve a deeper look into everyday practices of people, while elite interviews may verify the advice, concerns and interpretations of persons who are experts or who have experience in the respective field under analysis.
Methods may also involve the analysis of discourse on the subject in question, for example by looking at what is being pronounced in the public sphere, whether by the public, civil society, political actors, the media and the like.
SIAs should thus involve the participation of different stakeholders, ideally through mixed research methods.
Rather than being one-off exercises, SIAs should be continuous, ideally resulting in policies which are better suitable to the issue in question. Recommendations and mitigation measures could therefore be in place, and these would be based on social-scientific evidence.
It is also important that SIAs are peer-reviewed. This means that if a study is being carried out by a team of social scientists, this should be scrutinised by other independent social scientists. This could help identify shortcomings, conflicts and possible improvements to the same SIA.
As things stand, there are no national guidelines on the need for SIAs in Malta. The conducting of such studies on development projects is at the discretion of the Planning Authority.
When exceptionally carried out, they are one-off studies on major development projects. This effectively means that smaller-scale development projects with bigger cumulative impacts are not subjected to SIAs.
If one looks at other policy interventions, SIAs are practically absent. Just to name a few: the importation of thousands of workers, the selling of passports, the dynamics of agriculture, the cost of living, urbanisation, the commercialisation of public land.
Indeed, there are so many areas where SIAs could be introduced in Malta: government consultation on new legislation, proposals in the national budget, the adoption of EU directives, parliamentary committees and local councils are just some areas. For example, the latter could carry out SIAs to establish community profiles, cultural commonalities and differences, social needs, demographics, impacts of development and so forth.
The University of Malta and other educational institutions are currently producing graduates in different social sciences who are equipped to carry out SIAs and who are sensible to the need for evidence-based policymaking. Let us not waste such important resources. Let us have political consensus to mainstream social impact assessments.


Welcome to our fifteenth episode of our video podcast the Izzie & Coco Book Review Show. In this episode we talk about Queen of the Tearling by Erika Johansen. Queen of the Tearling is a moving story about a 19 year old girl forced to reign a kingdom over night. Kelsea has been living a secluded life. She's only interacted with her two guardians who raised her and taught her how to be a fair queen through examples in history. As soon as Kelsea arrives at her castle she is confronted with the reality that her mother (and preceding Queen) signed a treaty to ship thousands of citizens to the neighboring kingdom as slaves – every year.
Our next selection is the book: Soulless by Gail Carriger. We will be posting our review soon!


This two-stage, automotive insulation and sound damping system gives older cars the "quiet riding comfort" found in today's new cars.
AcoustiSHIELD® sets are designed with current "state-of-the-art" auto acoustic technology, to insulate a nd control the noise, vibration and heat in the passenger cabin.
Note: Ships via ground only and is shipped exclusively with in th e continental US, as no air shipments are permitted on aerosol spray cans.


text:
Written by Louise Berktay
A network of hedgehog highways will be built throughout the gardens of Houlton's new contemporary sustainable homes in a bid to help prevent the ongoing decline in their population.
The latest housebuilder to join the growing Rugby neighbourhood, Civic Living will include passing points in garden fences to allow the mammals and other wildlife to move freely across the site on their quest to find food as part of the nationwide "Hedgehog Street" scheme.
It comes as the State of Britain's Hedgehogs report revealed hedgehogs have faced a rapid decline in recent years, with 50% of rural hedgehog populations and 30% of urban hedgehog populations having been lost since 2000.
The initiative, launched by wildlife charities People's Trust for Endangered Species (PTES) and the British Hedgehog Preservation Society (BHPS), aims to encourage the nation to make gardens more hedgehog friendly to help protect Britain's much-loved species.
Part of the Urban&Civic group, the master developer behind the expansive development, Civic Living's selection of two and three-bed homes will feature a host of cutting-edge energy efficient technology and open plan flexible living space perfect for the environmentally conscious homeowner.
Galina Bardarska, Urban&Civic at Houlton, said: "We are delighted that the newest homes here at Houlton will feature hedgehog highways. Protecting and creating the diverse ecology and wildlife on site is one of our key priorities, and this small but significant feature of Civic Living gardens will enable this endangered species to thrive and flourish.
"As well as hedgehog highways, we are home to acres of outdoor space, habitats, ecology corridors, wildflower and mature trees, and we hope that the new network of hedgehog highways will further enhance the vibrant wildlife at Houlton."
In addition to the "Hedgehog Street" scheme, PTES and BHPS have also launched a series of top tips for homeowners to encourage people to become "Hedgehog Champions," including creating a wild corner in gardens, leaving out suitable food and water, and checking habitats before cutting the lawn.
Grace Johnson, Hedgehog Officer for Hedgehog Street added: "We know how much people love hedgehogs, but also how much they're in trouble. Gardens are a fantastic habitat for hedgehogs if they have the right features and are connected to neighbouring gardens and/or green spaces.
"Hedgehog highways like the network at Houlton and our "Hedgehog Champions" challenge will significantly help protect population numbers in the UK. We already have over 90,000 amazing Hedgehog Champions who have made their gardens hedgehog friendly, and hope in our birthday year we can make that 100,000!"
Set within 1,200 acres of open space, Houlton is already home to over 500 families and offers residents expansive outdoor space and a host of first-class amenities on site, including an award-winning eatery The Tuning Fork, a community centre The Barn, an adventure play park, and outstanding education at St Gabriel's Primary School.
Civic Living will become the fifth housebuilder on site, joining Redrow Homes, Crest Nicholson, Morris Homes and Davidsons Homes.
Prospective homeowners can register their interest in Civic Living homes by downloading the Civic living app from the app store; via email at civicliving@urbanandcivic.com or via phone on 07384 817 700. Its show home and marketing suite is expected to open later this Spring.
For more information about Civic Living visit civicliving.co.uk
Homeowners who would like to become a Hedgehog Champion can find out more at www.hedgehogstreet.org/happy-birthday-to-us


text:
The Dracula Dossier: Director's Handbook (Hardcover)
A Secret History Unearthed. A Legendary Horror Walks Again. Presenting an epic improvised campaign for the Night's Black Agents Roleplaying Game. Do your Agents have what it takes to face the Lord of the Undead himself? Dracula is not a novel. It's the censored version of Bram Stoker's after-action report of the failed British Intelligence attempt to recruit a vampire in 1894. Kenneth Hite and Gareth Ryder-Hanrahan have restored the deleted sections, inserting annotations and clues left by three generations of MI6 analysts. This is Dracula Unredacted, a rare edition of Bram Stoker's masterpiece that reveals the terrifying truth behind the fiction. Players follow up leads in the margins of Dracula Unredacted. They'll chase down the real characters from Stoker's novel, their descendants in the present, and the British agents caught in the backblast. Follow those leads to the Director's Handbook, containing: Conspiracy nodes, eerie locations, mysterious objects and vampiric beasts. More than 60 supporting characters in vampiric, heroic, or in-between versions. Different versions of the real Mina Harker, Abraham van Helsing, and the other stars of Stoker's novel -- and their modern-day successors, descendants, and survivors -- who can drive the story in any direction the players look. Together they comprise The Dracula Dossier — an epic improvised, collaborative campaign for Night's Black Agents, our award-winning vampire spy thriller RPG.