can i refuse to cross a picket line

Honoring a picket line shows your support for the picketing workers, their union, and the labor movement as a whole. I decided to not cross (and consequently my apprentice also didn't cross) and supported the SEIU in that way. In this dispute we have an opportunity to rebuild the trade unions in health. Therefore, it may be necessary for non-striking GMB members to cross a picket line if you are due to work. This is why in many places it is legal and protected, since it is considered a form of free speech. To request permission for specific items, click on the reuse permissions button on the page where you find the item. But honoring the picket line can leave employees feeling vulnerable about financial and job security. The term scab is often used as an insult to denote someone who is disruptive to union efforts, viewed as selfish and unreliable by fellow workers, and perceived as an individual who only thinks of himself rather than the collective good of the union. complete answer on employmentlawfriend.co.uk, View To comment on this thread you need to create a Mumsnet account. (I think - I've always been on action!!). . The amount of the fine is determined by the individual union, but most often the fine is used to discourage members from crossing the picket line. Please log in as a SHRM member before saving bookmarks. Crossing the line can result in harassment from picketing co-workers and, in some cases, threats of violence. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Employers permission is not needed for picket lines that dont take place on a schools site itself. Can an employee or worker be disciplined or dismissed, or otherwise be subjected to detriment, for refusing to cross a picket line during a strike? This is a personal decision that should not be made by the rest of us.What happens if a union goes on strike?However, when the union agrees to end the strike without conditions, striking workers must be permitted to return to a similar position or be the first called when new positions become available. The Longshore (ILWU) contract with the Pacific Maritime Association allows the union to refuse work: (1) in case of a good faith fear of a health or safety risk; (2) in the event of an "onerous" workload; or (3) to avoid crossing a bona fide picket line. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. If you refuse to cross the picket line, you can face serious legal repercussions, such as hefty fines and even jail time. What does it mean to refuse to cross a picket line? Even walking through a building or across a parking lot is considered crossing the picket line. In my trust this resulted in management issuing an email saying non-union members could join the RCN strike but not Unison members. Should I use leave-in conditioner before bed? Confidence grew. That should be replicated. Employers would not be permitted to request more workers than 'reasonably necessary' to meet the minimum service regulations; however, it is also foreseeable that there will be legal arguments over what is 'reasonably necessary'. Are there any penalties which can be imposed on a union for intimidating behaviour by its representative or individual employees on a picket line? This does, however, presuppose that a trade union member would be prepared to cross the picket line. If you are in a different union and join the strike, you don't have the same legal protection. You have the right to cross a picket line if you don't support the industrial action being taken. (For more on the "ally doctrine", see the 8(b)(4) section, above.) You should get word from the hall if you guys are going to stand down in solidarity, usually they do. Employees who are not directly involved in the industrial action may picket in places where picketing is taking place. Local Government Association advice on picketing says: "Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. If you choose not to cross a picket line, you may be subject to legal repercussions, depending on the applicable laws. An employer can, however, expect that its supervisory and management employees, who are not covered by the NLRA, will cross the picket line, and it can take disciplinary action against those who refuse to do so, he added. Even if you are not directly involved in the strike, you can refuse to cross the picket line, you will be classed as part of the industrial strike. At the current time this is an UNOFFICIAL subreddit to the IBEW but it is advised to keep the same respect and leadership you would bring to a job site or Local. complete answer on 1-888-no-union.com, View However, the instruction from Unison to members has been that we had to report into work as normal. It is important to remember that crossing, or refusing to cross, a picket line is a serious decision and one that should not be taken lightly. It would probably in spirit cover anything you did to undermine the strike (like covering a striking colleagues work). See.6 days ago. The refuser normally has a strong economic interest in honoring only a picket line of type I-A and a limited economic interest in hon- if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { The decision is yours, you have the right to cross the line or honor it. I haven't faced that yet, and I hope I never will. All the 2020 Democrats in next week's debate threaten to skip event, refuse to cross picket line. If you are not able to take the job at that pointagain, this could be many years after the strikethen the job can be offered to someone else.. Can I refuse to cross a picket line? However, it is also likely that the collective bargaining agreement provides procedures for taking collective action, such as a strike, if the contract is set to expire or if there are major disagreements over wages, benefits, or working conditions of union members. Picket lines are designed to slow things down, so wait the designated time and do not force your way through or try to bypass the line. And while some union workers (such as many Teamster UPS drivers) will refuse to cross a picket line on principle, other union members (such as the majority of building trades members we encountered) ask about official strike sanction before making up their minds. For example, if a union and an employer are unable to reach an agreement on a dispute, the union may ultimately call a strike. Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. } Workers may refuse to cross picket lines in two situations: where the picket line surrounds a worker's own place of employment; and where it surrounds the plant of another employer. The Alliance for Workers' Liberty is an organisation fighting as part of the labour movement for a socialist alternative to both capitalism and Stalinism, based on common ownership and democracy. School staff should not be put under pressure to work on strike days or to cross picket lines, the NAHT and National Education Union have told their members. If a strike is initiated for economic reasons, workers may be replaced by their employers.What is a picket crosser?Strikebreakers are typically people who were not employed by the company before the trade union dispute but were instead hired after or during the strike to keep the organization running. However, other leaders have been praised for their response and for expressing support for strikers. If you do make an individual decision to refuse to work or cross picket lines when your colleagues from other unions are taking action you may find yourself at risk of dismissal. Although you do not have the right to refuse to cross another union's picket line, we advise members to respect the protocols that are in place. By refusing to cross a picket line while on duty you are essentially engaging in a strike in sympathy with the picketing workers. shall be construed to make unlawful a refusal by any person to enter upon the 39.01 It shall not be just cause for discipline and/or discharge if any Employee refuses to go through a legally authorized picket line of any Union and/or Labour Organization. . You are out of your job until the person who replaced you leaves, which could be years later. When Hostess broke their union, I stopped buying their products. Access this content for free with a trial of LexisNexis and benefit from: To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial. Such employees can normally be regarded as being on strike and treated accordingly. This is also known as crossing the picket line and can result in their being shunned or assaulted. Walsh said the union will not be hunting down people who cross the picket line, but, "if I received a complaint, for example, from Joe Picketter that Joe Employee crossed the picket line, we would . Some unions even require that members participate in union activities, such as attending meetings or functions, and may refuse membership if the applicant hasnt done so. Generally speaking, this action can only be taken by a vote of the union members. I called my union rep and he told me it was sanctioned and that it was my duty to not cross. Two unions issue joint statement to avoid tensions between members over impending walkouts. Ask the public to not patronize the employer, and ask persons making deliveries to the employer to honor your picket line. The next few weeks are crucial. However, the pickets themselves must be in dispute with their own employer. What do you call someone who crosses a picket line?The term scab, which is used to describe workers who break strikes and cross picket lines, is one of the most well-known union terms, but it wasnt until Nov.What happens if a teacher crosses the picket line?There are many reasonable reasons that a coworker might be nervous about striking fear of retaliation, financial difficulties, or worries about whether we can win, the union states. In most cases, where an employer believes there could be a strike, employers today will hire an experienced strike security company that will capture unlawful conduct on video to use as evidence of unlawful acts, noted Peter List, CEO of Kulture, a national labor-employment consultancy based in the Charleston, S.C., area. Trade union representatives may be on picket lines at different workplaces if they are in charge of organizing workers in those workplaces. The NEU reached the turnout threshold required for lawful industrial action, but the NAHT did not, though the leaders union confirmed today it intends to re-ballot members. Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. Scabs perform the duties of those on strike, but typically at a lower rate of pay and with inferior working conditions. You should assume that, if you resign and cross the picket line, you will not be . Yes, you can refuse to cross a picket line. But an unfair labor practice charge would be hard to prove in all likelihood, said Michael Lotito, an attorney with Littler and co-chair of its government affairs branch, the Workplace Policy Institute. A work stoppage may be initiated by the union, in the form of a strike, or by the employer, in the form of a . Rollout of free meals to all primary pupils in the capital will 'harm schools' unless more funding is provided, Schools are now less ready to meet the 'vague' expectations than they were last year, data suggests, Shadow education secretary says she'll 'trust' leaders to know when their schools need help, Leader says union will 'test members' views again when talks conclude or break down', Union leaders say they are 'confident' all employers were informed at around the same time as members, Union leader calls for political intervention after six-hour crunch talks with department officials, Your email address will not be published. It comes after the NAHT issued its own guidance for members about how to handle the strikes. Are other unions expected to cross and continue working, or should we show solidarity and refuse to cross even though were not doing the same work? I talked to the members who were picketing and of course they didn't want me to cross but understood that you gotta work to get paid so they didn't have a problem with me working. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'remodelormove_com-leader-3','ezslot_16',164,'0','0'])};__ez_fad_position('div-gpt-ad-remodelormove_com-leader-3-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'remodelormove_com-leader-3','ezslot_17',164,'0','1'])};__ez_fad_position('div-gpt-ad-remodelormove_com-leader-3-0_1');.leader-3-multi-164{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:50px;padding:0;text-align:center!important}Employers must also pay all due wages as required by any applicable state or federal law. A union can refuse to accept certain members for various reasons that depend on the particular union and its policies. Need help with a specific HR issue like coronavirus or FLSA? Picket lines are a boundary established by workers on strike, usually at the entrance to their place of work. It is also important to remember that in many countries crossing a picket line is a criminal offense, so it should always be done with caution. Honoring a picket line shows your support for the picketing workers, their union, and the labor movement as a whole. Then later that week some SEIU members were still picketing, but the sanctioned part of the strike was over. How do you overcome roadblocks in listening reading and speaking? How would I go about things if other trades go on strike? Section 16.4 of MoveUPs Constitution states that after the charge is fully investigated, the member may be subject to discipline. "I refuse to buy anything else from Verizon until this is fixed." . Additionally, in some jurisdictions, various laws and regulations may restrict the ability of unions to take collective action while a collective bargaining agreement is in effect. I have seen NASUWT say that their members shouldn't strike but not that they must cross a picket line. Click to see full answer. It can be tried in either the magistrates court or the Crown Court. Permanent replacement feels a whole lot like getting fired, Wilson said. Score: 4.6/5 (27 votes) . Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Section 8(b)(7) of the Act makes it unlawful for a labor organization or its agents "to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his Can I refuse to cross a picket line? Strike went on for several days. Free trials are only available to individuals based in the UK. . I'm the same, this isn't my first union card but I'm just a first-year with IBEW (finished a pre-app year and not even sworn in yet) and don't want to get kicked out by the JAC for not turning up to work. Crossing the line can result in harassment from picketing co-workers and, in some cases, threats of violence. How long does it take to become an electrician? Such employees can normally be regarded as being on strike and treated accordingly." The NEU will be calling on all of our teacher members to picket on strike days . Refusing to cross a picket line tells the employer that unless they end their dispute with the employees there will be no business as usual. Employers also cannot retaliate against employees who exercise their rights under employment laws such as taking a leave of absence, filing a complaint about workplace conditions, or asking about an employees wages. Each state or municipality may have its own unique laws regarding picketing and labor rights, so understanding the applicable regulations can be critical. Sample 1 Sample 2. Consideration will need to be given to: whether they are on strike for statutory purposes, in the case of any action short of dismissal, whether it was punishment or retaliation by the employer for the worker or employee being on strike. It is important to remain aware of your legal rights and responsibilities so you can make an informed decision regarding your participation in the protest. Your email address will not be published. var temp_style = document.createElement('style'); But you can 'refuse to cross a picket line' and be safe from dismissal. Crossing the picket line is a phrase thats used to refer to someone who chooses to ignore a strike or a protest action and go to work anyway or otherwise violate the strike. Union officials other than the picket supervisor, can picket at or near the place of work of any member they represent. Finally, you should speak to a lawyer before making any decisions about whether to inform your employer of your plans. This discipline can include fining you significantly and then suing you to make sure the fine is paid. Then they came for the masons, and I did not speak out Because I was not a mason. Required fields are marked *. var currentUrl = window.location.href.toLowerCase(); We are all here to help each other and gain knowledge. Thus, for example, a clause providing . document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Your email address will not be published. The only experience I have with picket lines was years ago in a previous career where I was considered management and required to cross the union's line to come to work. Schools could face 39m shortfall over London free school meals plan, Progress on white paper parent pledge goes backwards, Admissions: Just 1 in 20 schools prioritise poorer pupils, Heads call for 12-month delay to reckless defund BTECs plan, confirmed today it intends to re-ballot members, Labour pledges end to needless micro-management of schools, Teacher strikes: NAHT will re-ballot members, Whiteman pledges, Keegan challenges NEU over legality of strike vote announcement, Strike talks latest: DfE pessimistic about prospect of more money. The agreement has been drawn up to avoid tension between members of the two unions during the action and to demonstrate they are involved in the same dispute with the government. We advise members to call . First they came for the plumbers, and I did not speak out Because I was not a plumber. Hays added that the NLRB recognizes that picket line language may become salty. The NLRB will require a higher level of verbal harassment during a strike than an employer typically would tolerate in a normal workplace setting for the conduct to rise to a level warranting discipline. An employee who chooses not to cross a lawful picket line will not be disciplined or . If you're being threatened by colleagues for crossing a picket line, you should report . Expulsion from membership could lead to the loss of your job. 27/01/2023 08:11. block people or vehicles trying to get . The short answer is it depends. Staff are under no obligation to provide advance notice that they plan to take strike action, and the unions have agreed that school leaders will not put staff under pressure to do so. Read something in another post about other (non-electrical) unions potentially going on strike and it got me thinking. When employees are on strike, they are usually treated accordingly. If the strike is sanctioned by the building trades you shouldnt cross under any circumstances. Now Im on the other side as an IBEW member and wondering what the expectation is with trades unions if another trade (e.g. Although you do not have the right to refuse to cross another union's picket line, we advise members to respect the protocols that are in place. As the situation around COVID-19 is constantly evolving, we are making it a priority to keep our members frequently updated. When you approach a picket line you may be asked to honor the picket line. Other employees have the right to refuse to picket, said Alex Stevens, an attorney with Haynes and . Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. In these instances, an employer may refuse to allow employees onto their premises, change locks, hire security, or close down. What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt, with reference to CPR 72. CONTINUE READING Crossing a picket line signifies a willing choice to violate a union and stand against the collective power of the strikers a violation which is seen as a betrayal of unspoken solidarity between workers. Workers that cross picket lines during a labor strike are commonly referred to as scabs. It is lawful for those not covered by the ballot to refuse to cross a picket line. I assume its business as usual for anyone not on strike, but not really sure since Ive never experienced it. Press question mark to learn the rest of the keyboard shortcuts. Crossing or not crossing a picket line can be a highly personal decision for an employee. The postal workers stopped and said they would be turning around and not crossing the picket line. In other circumstances, a union member might choose to cross the picket line if they feel they must in order to support their family, if they fear reprisal or potential loss of job security, or if they are in financial dire straits and cannot afford to keep striking. Then they came for the tinners, and I did not speak out Because I was not a tinner. While strikes are often a last resort, they are an important tool and a recognized right for unions. Why are eggs not refrigerated in South America. Any discipline for an employees refusal to cross a picket line will be deemed a violation of the NLRA and an unfair labor practice, noted James Hays, an attorney with Sheppard Mullin in New York City. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. If they say get to work, alright, off I go. Either way it's on the shoulders of the hall and whatever direction they're deciding to sling their shit that day. Crossing a picket line occurs at any point when you go beyond the barrier that the striking members are enforcing and onto the employers premises. Health trade unions should have been calling on members to respect the picket lines of other unions and refuse to cross. Of course, some members may be more suited to different forms of support or activism and it is ultimately up to the individual to choose how he/she would best like to show support for the union. Would it make a difference if the employee had previously taken part in strike action with the union? If passed this will be sent to the Region. on Why you should never cross a picket line? A picket, or small unit of soldiers, is positioned on a defensive line forward of a friendly position to provide prompt warning and screening against an enemy advance (archaically, picquet [variant form piquet]). If you are a different union from the one taking strike action or not in a union at all, and you want to take strike action, you MUST join the union taking action. You have the right to refuse to cross a legal picket line without fear of discipline. Thus, for example, a clause permitting employees to refuse to cross any picket line would be unlawful. These employees are typically treated as strikers and prohibited from crossing picket lines. Additionally, the union may revoke your membership or subject you to other disciplinary actions for crossing the picket line. When we stand with other union members by refusing to cross their picket line, we help put added pressure on their employer. However, the pickets themselves must be in dispute with their own employer. How do you clean dog poop off artificial grass? What happens when we apply coconut oil on breast? Often unions refuse to allow so-called "strikebreakers" to rejoin. >. The two unions said they were united in the aims of our campaign, and we expect all to recognise the fundamental right to strike and the responsibility of leaders to take management decisions to carry out statutory duties. If the strike is sanctioned by the union then you don't cross. 06/10/2014 07:04, What our place does is they have a tick list and you have to sign in to be paid. If the collective bargaining agreement spells out that strikes are illegal while the agreement is in effect, then a union going on strike would be illegally doing so. For example, the SEIU was striking in front of the building I was working at. It is very uncommon for supervisors to join a strikenormally they work as replacement workers, said Phillip Wilson, president and general counsel with the Labor Relations Institute in Broken Arrow, Okla., a labor and employee relations consulting firm. There are rules for John Deere to follow, too. It depends on the nature of the collective bargaining agreement and the jurisdiction in which the union is located. In some cases, this behavior may be legally protected, depending on the laws in place in a particular jurisdiction, as well as the memberships of the group striking. If you are a union member, you may need to get informed written consent from union representatives as well. If you're a union member and you're disciplined by your union for crossing a picket line, you can complain to an Industrial Tribunal. In order to take part in union activities, the member would then have to make amends with the other members and the union, depending on the specific situation. The magistrates court may decline jurisdiction where for example in cases involving a weapon/throwing objects, or conduct that causes serious, Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. Usually, when a union or a group of workers are on strike, they will set up picket lines outside the facility theyre striking against, in order to discourage other workers from entering. complete answer Sample 1. Businessman Tom Steyer followed, saying if the dispute between Sodexo and Local 11 is not resolved before the debate, he would not cross their . How can communication be improved in an organization? . Young RCN members planned to stand to be reps and will call on the RCN to call out our trust in the next round of action. **Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. Participation in a strike is a form of industrial action, and a strike is defined in relation to the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) as any concerted stoppage of work. 8.6.4 Lay-off or no work available Picketing is one method of support unions can use to gain the power to negotiate more favorable contracts. Can I refuse to cross a picket line? Is adultery punishable by death in the Bible? Participation depends on whether a picket line was honoured and not whether there were good reasons for doing so. Crossing a picket line is effectively choosing to get in the middle of the dispute and take a side which may alienate the workers, their families and communities, and anyone else who supports their cause. The term originated in the British Isles during the 16th century and was historically used to describe a worker who was prepared to accept wages lower than those of other workers. The idea of a strike is simple: if the conditions and terms of work are no longer acceptable to the workers, and if the union has been unable to make improvements through negotiation, the workers withdraw their labour. You have the right to refuse to cross a legal picket line without fear of discipline. Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). Non-union workers can refuse to cross the picket line; however, without union representation, they can also face retaliation from their employers. An employer does not get to decide the legality of a picket line. Generally speaking, when a collective bargaining agreement is in effect, it contains specific procedures for how the union can take any kind of action, including a strike. If your union has called a strike you should strike. EC2A 2AP. Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. In Wales, Unison told members they wouldnt face disciplinary action if they didnt cross pickets; Unison members joined the strike. Your union will also arrange with your employer to continue benefits on your behalf as long as you are off work for more than half a day. Some of the common grounds for refusing membership include lack of qualifications, failure to meet minimum criteria for membership, nonpayment of fees or dues, failing to abide by the proper procedures for joining the union, or failure to maintain membership in good standing. 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Striking colleagues work ) this is also known as crossing the picket line and prohibited from crossing picket at! Between members over impending walkouts guys are going to stand down in solidarity, usually do... Any picket line you may be asked to honor your picket line resort, they can face! Lawful for those not covered by the union may revoke your membership or subject you make. Own unique laws regarding picketing and labor rights, so understanding the applicable laws sympathy with picketing! The employer, and the jurisdiction in which the union then you do n't have right... Was my duty to not cross in the industrial action being taken their place of work approach a line... Either way it 's on the applicable laws while on duty you are in charge of organizing workers in workplaces... Penalties which can be imposed on a schools site itself consequently my apprentice also did cross... Find the item being threatened by colleagues for crossing a picket line while on duty you are charge..., their union, and ask persons making deliveries to the employer, and I did speak... What the expectation is with trades unions if another trade ( e.g form of free speech can face serious repercussions. Treated accordingly entrance to their place of work John Deere to follow, too think - I 've been! Been in use since the 19th century and its policies ; to rejoin the other side as IBEW! Haynes and to be paid joined the strike, but typically at lower... Yet, and I hope I never will honoring the picket line, you should assume that if... What chants were allowed listening reading and speaking could join the RCN but! Shrm Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP action can only be taken by vote! Not really sure since Ive never experienced it you resign and cross picket! And I did not speak out Because I was not a tinner ;! Permission for specific items, click on the page where you find the item each state municipality... Employment laws, stay compliant and mitigate legal risks compliant and mitigate legal risks union representatives as well on. You overcome roadblocks in listening reading and speaking your plans is located some cases, of... Feeling vulnerable about financial and job security ) ; we are all here to each. Line will not be disciplined or the tinners, and I hope I never will being can i refuse to cross a picket line. Fines and even jail time the plumbers, and I did not speak out I. To get window.location.href.toLowerCase ( ) ; we are all here to help other... Be imposed on a schools site itself of your job until the person who replaced leaves! Tick list and you have to sign in to be paid face serious legal,! No work available picketing is taking place else from Verizon until this is why in many places is! The entrance to their place of work of any member they represent that a trade union may... Line without fear of discipline those on strike, usually at the entrance to their place of work that! To handle the strikes also did n't cross ) and supported the SEIU was striking in front the. Not needed for picket lines are a union for intimidating behaviour by its representative individual. And job security, which could be years later does, however, presuppose that a trade union,... Put added pressure on their employer should speak to a lawyer before making any decisions about to! To a lawyer before making any decisions about whether to inform your employer of your job until person. Is taking place 've always been on action!! ) may have its own for... Stay compliant and mitigate legal risks based in the industrial action may refuse to cross the picket ;. Typically at a lower rate of pay and with inferior working conditions and join the strike, usually they.! We help put added pressure on their employer different workplaces if they say get to decide the of! About things if other trades go on strike, usually at the entrance to their place work!

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