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Neville Kirk
in Labour and the politics of Empire
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Labour and the politics of Empire
Britain and Australia 1900 to the present
Australian Labor Party; British empire; British Labour Party; British world; electoral performance; empire; imperialism; labour movements; labour politics; loyalism; nation; political power; race; revisionists; social class; social power; trade unions; traditionalists; working-class politics
(337 total)
Series: Studies in Imperialism
General Editor's introduction
Part I: Setting the scene
Chapter 1: Subject matter, debates and issues
Chapter 2: Labour and elections
Part II: The growth of independent Labour
Chapter 3: Chronology, constituencies, impact
Chapter 4: Explanations and characteristics
Part III: The politics of loyalism
Chapter 5: Anti-socialism and the tarring of Labour
Chapter 6: Labour responses and political outcomes
Part IV: Mixed fortunes
Chapter 7: Labour successes
Chapter 8: Out in the cold
Chapter 9: Trans-national ties, electoral successes and bitter defeats
Part V: Traditionalism, modernisation and revisionism
Chapter 10: Successes and failures
Chapter 11: From Hawke and Keating to the rise of New Labour, 1983–97
Chapter 12: From Howard to Gillard, from Blair to Brown, 1997–2010
The making of British bioethics
Author: Duncan Wilson
The international growth and influence of bioethics has led some to identify it as a decisive shift in the location and exercise of 'biopower'. This book provides an in-depth study of how philosophers, lawyers and other 'outsiders' came to play a major role in discussing and helping to regulate issues that used to be left to doctors and scientists. It discusses how club regulation stemmed not only from the professionalising tactics of doctors and scientists, but was compounded by the 'hands-off' approach of politicians and professionals in fields such as law, philosophy and theology. The book outlines how theologians such as Ian Ramsey argued that 'transdisciplinary groups' were needed to meet the challenges posed by secular and increasingly pluralistic societies. It also examines their links with influential figures in the early history of American bioethics. The book centres on the work of the academic lawyer Ian Kennedy, who was the most high-profile advocate of the approach he explicitly termed 'bioethics'. It shows how Mary Warnock echoed governmental calls for external oversight. Many clinicians and researchers supported her calls for a 'monitoring body' to scrutinise in vitro fertilisation and embryo research. The growth of bioethics in British universities occurred in the 1980s and 1990s with the emergence of dedicated centres for bioethics. The book details how some senior doctors and bioethicists led calls for a politically-funded national bioethics committee during the 1980s. It details how recent debates on assisted dying highlight the authority and influence of British bioethicists.
Fathers, pastors and kings
Visions of episcopacy in seventeenth-century France
Author: Alison Forrestal
This book explores how conceptions of episcopacy (government of a church by bishops) shaped the identity of the bishops of France in the wake of the reforming Council of Trent (1545–63). It demonstrates how the episcopate, initially demoralised by the Wars of Religion, developed a powerful ideology of privilege, leadership and pastorate that enabled it to become a flourishing participant in the religious, political and social life of the ancien regime. The book analyses the attitudes of Tridentine bishops towards their office by considering the French episcopate as a recognisable caste, possessing a variety of theological and political principles that allowed it to dominate the French church.
West Indian intellectuals in Britain
Editor: Bill Schwarz
Caribbean migration to Britain brought many new things—new music, new foods, new styles. It brought new ways of thinking too. This book explores the intellectual ideas that the West Indians brought with them to Britain. It shows that, for more than a century, West Indians living in Britain developed a dazzling intellectual critique of the codes of Imperial Britain. Chapters discuss the influence of, amongst others, C. L. R. James, Una Marson, George Lamming, Jean Rhys, Claude McKay and V. S. Naipaul. The contributors draw from many different disciplines to bring alive the thought and personalities of the figures they discuss, providing a picture of intellectual developments in Britain from which we can still learn much. The introduction argues that the recovery of this Caribbean past, on the home territory of Britain itself, reveals much about the prospects of multiracial Britain.
MARC records provided by The University of Manchester Library


I'm always looking for ways to improve, the main goal of these series of posts is to question what we do (as software engineers) by exploring different ideas.
Dan North draws a great analogy between software 'engineering' and medical surgery in his talk Beyond Features (~50mins). I'd highly recommend watching.
The Surgery analogy (or metaphor) is in contrast to that of the current Civil Engineering metaphor. In Civil Engineering "bigger is better", and a lot of up-front planning and design front-loads the risk. For example, once you've build a 7.8km bridge you can't move it 100 metres to the east or scale it to cope with 100x load. However, you can, and do with software.
Here bigger is not better. Building software (and performing surgery), unlike building a bridge etc., forms a complex adaptive system.
These systems are complicated, and feedback is continually altering the system itself. For example, it is relatively easy to plan building a hospital, especially if you've done them before. However, trying to build a (bespoke) workflow system, for example, even if you've built many before, each one will be different in different ways due to the feedback and the effect the system has on its users.
Next time I want to talk about some issues with surgery and how they relate to the software industry. Then I will look into some ways in which software and surgery might look to improve themselves as industries.


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You are here: Home » INDIA » India » Modi asks J&K youth to share growth India story
Modi asks J&K youth to share growth India story
Posted: 1:12 pm, April 19, 2016 by admin
courtresy : ians
Jammu/Srinagar, April 19 (IANS) Prime Minister Narendra Modi on Tuesday asked the youth of Jammu and Kashmir to carry forward India's growth story invoking Atal Bihari Vajpayee's refrain of "humanity", "democracy and "harmony" for peace and development of the troubled-state that is still limping to normalcy after days of violence last week left five people dead in alleged shootings by security forces.
On a hectic day-long visit to the state's Jammu region, Modi inaugurated a sports complex, a super-specialty hospital, held a public meeting and addressed the fifth conclave of the Shri Mata Vaishno Devi University at Kakryal near Katra — the town at the base of the famed hill temple.
"People of Jammu and Kashmir had enormous faith in Vajpayee. He used to say 'insaniyat (humanity), Kashmiriyat (Kashmir's composite culture) and jamhooriyat (democracy) are key to progress of (the state). We have to take it to the new heights through these pillars," Modi said in his address to the students of the university.
With Chief Minister Mehbooba Mufti by his side, Modi also remembered her father Mufti Mohammed Sayeed as a visionary politician who dreamt of "narrowing down distances between Jammu and Srinagar", referring to the gulf between the Muslim-dominated Kashmir Valley and largely Hindu-populated Jammu region.
Addressing the students, Modi said the 21st Century belonged to India because "the energy that is required which is knowledge is with India".
"India has 800 million youth power which is below 35 years. Dream of every youth can become a progress story of the country," he said.
The prime minister's visit to the state comes as normalcy began returning to the Kashmir Valley, some 300 kms from where Modi was speaking, after days of siege since five people were killed in deadly clashes between protestors and security forces on April 12 and 13.
Tension continues to simmer under the surface of a relative calm in several north Kashmir towns and villages even as curfew was lifted on Tuesday but heavy deployment of police and paramilitary forces continued.
On Tuesday, the Indian Army chief, General Dalbir Singh Suhag, visited the troubled areas to review the security situation.
Authorities in north Kashmir Handwara town, the epicentre of the latest trouble, removed an army picket after 20 years, using an earthmover machine to demolish the concrete bunker in the main square. The army had vacated the picket last Tuesday when a mob attacked and set it ablaze partially.
The prime minister was silent about the fresh trouble that began after a rumour about alleged molestation of a Handwara girl by a soldier. The girl, however, dismissed the allegation and the army also refuted it. But the violence still spread. Among the dead was a budding 19-year-old sports enthusiast, who had aspired to play cricket for India's national team.
Modi in his address asked the youth of the state to inculcate "sportsman spirit" to carry everybody along for a victory that is shared by all.
"Our chests swell with pride when a Kashmiri youth shines as a cricketing star in India," he said, referring to all-rounder Parvaiz Rasool of a south Kashmir village who played for Team India.
Modi urged the youth of the state to "dream to do something, and not to become someone" and take active part in sports.
"I will not wish that more people should be admitted to this hospital. But it would be my prayer that more people go to the sports complex to ensure they stay away from the hospital," he said.
No more retrospective taxes in India: Modi
CWG 2018: INDIAN WRESTLER SUSHIL KUMAR WINS 3RD STRAIGHT CWG GOLD
Bollywood Stars Demanding Justice for Rape Victims From Kathua and Unnao
MASSIVE FIRE IN DELHI ON AFTER 17 HOURS, AIR FORCE DEPLOYED
Posted in: India, INDIA, Uncategorized

redpajama_set_name: RedPajamaCommonCrawl


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The Culture of Preferential Treatment Among Athletes
feynmanwebteam Blog, Research Articles	coaching, research article, student athletes	0
What Happens to Youth Athletes Who Receive Special Treatment?
We see the reports in the media on a regular basis. Some college or professional sports star is involved in yet another scandal, and it often appears the athlete has received preferential treatment. Perhaps the college or coaches protected him, maybe the media went easy on him, or it seems the police have afforded the player some privileged handling. What gives?
Going back to adolescence, star athletes have typically been offered some type of special benefit in a variety of their relationships. "On one hand athletes are put on a pedestal and protected, but on the other hand they're being taken advantage and prevented from maturing and gaining a sense of personal responsibility," says David M. Reiss, MD, a psychiatrist in private practice in San Diego and Chief Medical Officer of 1@Equilibirum, a sports psychiatry program.
Reiss sees the same type of thing with celebrities and those in the public eye. There's a crossover with respect to being protected from responsibility. The better you play or the more well-known you become, you get both exploited and protected.
WHAT HAPPENS WHEN ATHLETES GET PREFERENTIAL TREATMENT?
There are two main results to young athletes receiving preferential treatment. "One is that kids, both male and female, develop a distorted view of what their future is going to be. At times, it's either overtly or covertly reinforced. For instance, every high school football player thinks they are going to make the NFL," says Reiss. Of course, a very small percentage will actually go on to the pros, but it's in the schools' or coaches' best interest to have athletes think that way to motivate them.
Reiss also stresses that for most students it will be the end of the line with their sport, either at the high school or the college level, and they often don't have a good plan B. "They don't put the effort into classwork or even developing their nonacademic plan B. So you get kids or young adults who really have no sense of where they're going in life, and even those who do make it to the big leagues, most of them, really are only going to be there for a couple years and don't have the wherewithal to save enough money and are not set for life."
Another issue, especially with more physical sports like football, is that those who don't go on to the pros may have no way of getting help for chronic injuries. Once someone has left high school or college, they have no particular benefits to deal with the consequences of head injuries or other long-term chronic problems.
What's more, teens who are the "big person on campus" get away with behaviors that other kids can't get away with, either academically or misdeeds get covered up. They may be protected to some extent, which others resent. It also interferes with developing a sense of responsibility and accountability. They may never have to face responsibility for what they do. You can end up with young adults who either are protected from maturing or think they're above it all.
HOW "GETTING AWAY WITH IT" AFFECTS KIDS
Within friendships and peer groups, athletes are seen as different with both good and bad consequences. They also may be given too much too soon and don't have a sense that they have to earn anything.
Reiss says many star athletes end up getting away with little things, like being disrespectful, maybe violence or bullying, not necessarily illegal activities. "In terms of relationships, it's easy to form relationships but not necessarily very healthy relationships and probably to some extent more unhealthy than the typical teenager or young adult because people are idolizing them and letting them get away with stuff and not holding them responsible," says Reiss. Then there's the hanger ons–some who share the glory, some who hope to share the glory, some who are plain exploitative and feel they can gain something from their relationship with the athlete whether financial, or emotional benefits. 'I'm connected to this person so that makes me a bigger person.'
Reiss says many an athlete wonders who his true friends are.
"One of the things I see with athletes who make the pros but don't necessarily go on to all-star careers, is they turn up at age 30 with no real plan for their selves, they've been beaten up physically, whether from football or hockey, and have the body of a 50-year old but emotionally be functioning like a 16-year old. Throw in chronic pain or head injury and then you get more susceptibility to abusing both prescription medications and illegal drugs." When you combine that immaturity with prescription and/or illicit drugs, you have a perfect storm that can lead to a disaster.
Worse, athletes with a history of head injury are at higher risk for depression.
HOW CAN WE HELP ATHLETES?
While these types of problems will likely continue among some athletes, one way we can help is to be reactive in terms of being called in when athletes do have trouble, says Reiss. Another way is educating athletes, coaches, parents and team staff about some of the repercussions and stigma of preferential treatment on the athlete. Youth athletes are kids that need an extra dose of reality about the future, lessons in humility and staying grounded when others hold them up for their talent. Setting up programs with athletes and former athletes that can make young players aware of some of the pitfalls is also key.
Peer to peer support, where a player can anonymously talk to someone outside of their team or sport is also a plus. Not necessarily a crisis or suicide-based hotline but an educational, informational contact for athletes struggling with any of these issues. Reiss is currently developing a cell phone app support program for athletes that is not substance abuse-based, but able to help with the various problems that stem from being a star athlete including overcoming insecurities, learning responsibility and accountability, and understanding a sense of earning their own way.
While being an admired athlete does come with a hefty dose of accolades, there's also much to be cautious about in terms of how youth athletes develop as people.
Poll for Young Athletes
feynmanwebteam Blog, Education	poll, student athletes	0
We've created polls for coaches and sports parents, but the MOST important voice in youth sports is that of the young athletes themselves! If you're a parent of a student athlete, we hope you'll share this poll with them and encourage their vote. Have we left something out of the poll answer options? Leave us a comment and tell us what you think.
6 Simple Steps to Better Sleep
feynmanwebteam Blog, Health and Safety, Resources	health and safety, Infographic, sleep, student athletes	0
Young Athletes Need Better Sleep
Our research article, "A Good Night's Sleep for Student Athletes," highlights several ways adequate sleep can increase both the academic and athletic performances of student athletes. In fact, it is recommended that teens get 9.25 hours of sleep a night. As student athletes juggle their academic and athletic needs in addition to everyday priorities, good sleep often gets put on the back burner or is difficult to attain.
This infographic features 6 simple lifestyle changes to incorporate to achieve better sleep.
A Good Night's Sleep for Student Athletes
feynmanwebteam Health and Safety, Research Articles	health and safety, research article, sleep, student athletes	0
School. Homework. Practice. Family. Friends. With all the commitments a student athlete has, some might find it hard to fit sleep into the equation. But without proper sleep, an athlete won't be giving his or her best in any of their activities.
It's a vicious cycle. A student will stay up late studying for a test. They won't get the sleep they need, which makes them foggy for the next day's activities. Practice may not go well, so they could get frustrated. They may start falling behind in homework. They'll feel worse, so they may grab an unhealthy snack to feel better. Lack of sleep combined with poor nutrition can increase stress and send the student into a truly unhealthy cycle.
The National Sleep Foundation recommends that teens get 9 ¼ hours of sleep per night. But most teens don't get that much sleep, "One study found that only 15% reported sleeping 8 ½ hours on school nights." (Teens and Sleep, 2013) Without proper sleep, teens will have a harder time concentrating on their studies and their athletic performance will suffer.
Risks of Insufficient Sleep
Adequate sleep for student athletes is key in preventing negative outcomes. According to Kevin Costello in Why It Does Pay to Fall Asleep, "Sleep is often the forgotten component of high performance. It's important because it is the time when actual physical growth occurs and tissues recover from daily activity. Sleep-deprivation leads to fatigue, which can cause a decrease in both academic and athletic performances." (Costello, 2006)
A decrease in sleep can also lead to other side effects, such as depression. This is easy to see especially when added with the stress factor. When students are worried about test scores, practice, and their social life, that anxiety can lead to poor sleep, which can lead to depression. (Teens and Sleep, 2013)
Not only does sleep affect a student's academic and athletic performance, but a lack of sleep may lead to a greater risk for injury. In a study conducted with student athletes at Harvard-Westlake School outside of Los Angeles, over 75% of participants reported getting less than 8 hours of sleep per night. During the 21-month period of the study, 57% of athletes reported injuries; 38% reported multiple injuries. Researchers noted that in this study, sleep was the greatest predictor in injury. (Neale, 2012)
Benefits of Good Sleep
In a study performed at Stanford University, student athletes were asked to increase their sleep to 10 hours a day for six to seven weeks. Overwhelmingly, the study showed that athletic performance, including sprint and reaction time, increased with more sleep. Lead author Cheri Mah of the Stanford Sleep Disorders Clinic and Research Laboratory says, "It is interesting to note that many of the athletes in the various sports I have worked with, including the swimmers in this study, have set multiple new personal records and season best times, as well as broken long-standing Stanford and American records while participating in this study." (Extra Sleep Improves Athletic Performance, 2008)
Sleep is critical to good athletic and academic performance. Good sleep can help an athlete manage stress and can lead to better eating habits. (Teens and Sleep, 2013)
Prioritizing Restful Sleep
With such strong research to support sleep, why isn't it a top priority for students and coaches?
Students should aim for a balanced day. This means that the student would need eight hours for sleep, eight hours for 'work' (academics and athletics), and eight hours for recreation. The eight hours of work includes classes, studying, homework, practices, and playing in games. Recreation includes activities with their family and friends, reading, exercising, music, or general hobbies. (Carpentier, 2004)
But this is the real world, where studying and practice can overwhelm a student's schedule. In that scenario, both sleep and recreation will suffer, which can lead to a life filled with work activities.
So what can students do to improve their performance, both academically and athletically? Here are a few tips to prioritize rest and help your athletic and academic performance.
Keep a consistent sleep schedule. Wake up at the same time on the weekends as you do weekdays.
Eat a large meal at night, about three hours before bedtime.
Avoid caffeine and alcohol, as both can lead to less restful sleep.
Develop healthy ways to manage stress.
Exercise should take place earlier in the day, no later than four hours before bedtime.
Nap if feeling drowsy, but for no longer than 30 minutes.
(Carpentier, 2004) (Costello, 2006) (Extra Sleep Improves Athletic Performance, 2008)
If a coach notices the student's performance suffering, they should meet with the athlete and the athlete's parents to discuss possible solutions. (Carpentier, 2004) A lack of sleep may very well be the culprit. So rest up for a better performance on and off the field!
Works Cited:Carpentier, J. (2004, August). Lackluster Athletic Performance? Coach & Athletic Director, pp. 66-70.
Costello, K. (2006, March). Why It Does Pay to Fall Asleep! Coach & Athletic Director, p. 77.Extra Sleep Improves Athletic Performance.
(2008, June 10). Retrieved from Science Daily: http://www.sciencedaily.com/releases/2008/06/080609071106.htm
Neale, T. (2012, October 21). Sleepy Athletes More Likely to be Injured. Retrieved from Medpage Today: http://www.medpagetoday.com/MeetingCoverage/AAP/35466Teens and Sleep.
(2013). Retrieved from National Sleep Foundation: http://www.sleepfoundation.org/article/sleep-topics/teens-and-sleep
Photo Credit: Vladimir Jovanovic/iStockphoto


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What is SAFE-T Act? Law abolishing cash bail for criminals blocked by Illinois Supreme Court
By Simran Agarwal
The SAFE-T act seeks to ban cash bail for criminal defendants (Getty Images)
On Sunday, January 1, just hours before the new law called the Safety, Accountability, Fairness, and Equity-Today Act was to go into effect, the Illinois Supreme Court issued an emergency decision blocking the statewide ban on cash bail for criminal defendants. This law was passed in 2021 by Illinois Governor JB Pritzker.
The law SAFE -T allows for the release of persons remanded in custody for heinous crimes such as second-degree murder, violent crimes, and arson without having to post bail. This law caught the attention of the media and worried many people, as analogies were drawn on the Internet to the movie 'The Purge,' which is about allowing any crime for one day a year. Marie Franklin, a former Illinois State Trooper and proponent of the SAFE -T Act, told KSDK that the law will impact approximately 250,000 people who are in custody each year and unable to post bail.
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A majority of the state's law enforcement officials have opposed the law, and 100 of Illinois' 102 district attorneys have done so. Former Riverside, Illinois, police chief Thomas Weitzel told The Sun that the law puts lives at risk, even as proponents of the proposal point out that judges still must decide who remains in custody and who is released in each case.
"We told them this wasn't a good idea. I don't want Illinois to be a social experiment," said Weitzel, who resigned in May 2021 after nearly four decades in law enforcement. "And you don't experiment with criminal justice. Lives are risk."
In contrast, proponents of the law claim that it will remedy the injustice of poor people-many of whom are completely innocent-being held in jail for months before their trial because they cannot afford bail, while the rich are allowed to go without any problems.
The bill's proponent, Pritzker, emphasized the unfairness of bail for a poor suspect accused of a minor crime versus a wealthy suspect who can afford bail no matter how serious the offense. He said, "We do not want someone in jail because they were arrested for a low-level crime like shoplifting to be sitting in jail for months or maybe even years."
Pritzker added, "At the same time, someone who is a wealthy drug dealer, perhaps accused of murder and arrested, can show up with a suitcase full of money and get out of jail." Advocates also contend that this new law will significantly help minority groups that are disproportionately represented in prisons.
This law has undoubtedly attracted a lot of attention, and the Supreme Court finally decided to block its provisions after the Illinois Attorney General's office appealed a local judge's ruling on Friday, December 30, that the law was unconstitutional.
The Supreme Court claimed that its order was necessary to "maintain consistent pretrial procedures throughout Illinois" before issuing a decision regarding the law. An "expedited process" was promised in order to make a decision.
Bail reform has already been applied to varying degrees in some US cities, but this law is the most stringent because it applies nationwide and covers serious crimes such as murder and kidnapping. In New Jersey, former Governor Chris Christie amended the state constitution to ban cash bail in most cases, and New York passed a comprehensive bail reform bill in 2019 that bans cash bail for all but the most serious crimes.
Share this article: What is SAFE-T Act? Law abolishing cash bail for criminals blocked by Illinois Supreme Court


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'Plan of mercy' explained to wayward son
Scriptural account a 'type, example' of forgiveness
Quoting the Savior's declaration, "I will remember your sins no more," President Boyd K. Packer used the account of a "loving father and a wayward son" in the Book of Mormon as a "type and example."
"Alma, the father, was a prophet; his son, Corianton, a missionary," President Packer, Acting President of the Quorum of the Twelve, said during the Saturday afternoon session. President Packer then related this account, quoting from verses from the Book of Alma.
Corianton, while serving a mission among the Zoramites with his brothers, Helaman and Shiblon, forsook his ministry and went to the land of Siron after the harlot Isabel. Explaining that the sin of unchastity is "most abominable above all sins save it be the shedding of innocent blood or denying the Holy Ghost" (Alma 39: 5), Alma told his son that his iniquity had turned away investigators. Then, Alma the loving father became Alma the teacher, teaching his son of the coming of Christ, "that it is he that surely shall come to take away the sins of the world; yea, he cometh to declare glad tidings of salvation unto his people" (Alma 39:15).
Knowing his son was worried about the resurrection of the dead, Alma then taught Corianton, "There is a time appointed that all shall come forth from the dead" (Alma 40:4). Between the time of death and resurrection, Alma continued, "the righteous are received into a state of happiness" (Alma 40:12) and the evil are "led captive by the will of the devil" (Alma 40:13).
Then perceiving that Corianton was worried about and could not understand the "justice of God in the punishment of the sinner," Alma taught his son about justice and mercy, that "the plan of mercy could not be brought about except an atonement should be made; therefore God himself atoneth for the sins of the world, to bring about the plan of mercy, to appease the demands of justice. . . ."
Then, bluntly, Alma said: "Now, repentance could not come unto men except there were a punishment, which also was eternal as the life of the soul should be, affixed opposite to the plan of happiness, which was as eternal also as the life of the soul" (Alma 41:16).
Alma himself "had once greatly disappointed his own father, Corianton's grandfather," going about "seeking to destroy the church" (Alma 36:6) until he was struck down by an angel (see Mosiah 27:14). Feeling the agony of guilt, he remembered the teachings of his father "concerning the coming of one Jesus Christ, a Son of God, to atone for the sins of the world."
He cried out, "O Jesus, thou Son of God, have mercy on me. . . . And now, behold, when I thought this, I could remember my pains no more; yea, I was harrowed up by the memory of my sins no more" (see Alma 36:17-21, 24).
Teaching his son that mercy cannot rob justice, Alma said, "O my son, I desire that ye should deny the justice of God no more. Do not endeavor to excuse yourself in the least point because of your sins. . . ." (Alma 42:30).
Corianton, in agony and shame, was brought "down to the dust in humility" (Alma 42:30). Then, satisfied with his son's repentance, Alma the priesthood leader "lifted the terrible burden of guilt his son carried, and sent him back to the mission field. . ." (Alma 42:31).
Twenty years later, Corianton was still faithfully laboring in the gospel. (See Alma 63:10; see also Alma 49:30.)
"It is a wicked, wicked world in which we live and in which our children must find their way," President Packer declared. "Challenges of pornography, gender confusion, immorality, child abuse, drug addiction, and all the rest are everywhere. There is no way to escape from their influence."
Reminding the congregation of the Atonement of Christ, President Packer quoted Doctrine and Covenants 18:11: "For, behold, the Lord your Redeemer suffered death in the flesh; wherefore he suffered the pain of all men, that all men might repent and come unto him."
"Christ is the Creator, the Healer," President Packer said. "What He made, He can fix. The gospel of Jesus Christ is the gospel of repentance and forgiveness."


Fred Perry presents their classic Oxford Shirt in a short sleeve style and featuring a slightly textured cotton construction in a burgundy colourway. This formal shirt features button cuffs with a button down collar, a back box pleat, tonal stitching throughout and signature Laurel Wreath embroidery to the chest. Our model is 6'0" with a 38" chest and wears a medium.


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Wheeler Wayne 99, of Orma
Wheeler Wayne 99, of Orma, West Virginia went to be with the lord May 20, 2021.
He was survived by his son Michael Wayne, daughter-in-law Donna Wayne, his 2 grandchildren Caressia Hoy (husband Tom Hoy) and Michael Wayne. He had 7 great-grandchildren and 3 great-great-grandchildren.
He was preceded in death by his wife Catherine Berdine Wayne (married 67 years) Parents Shirley and Mary (Waggoner) Wayne, 2 sisters Ruby Black, Geneva Cline and 1 brother George Wayne.
He graduated from Calhoun County High School High School in Grantsville, West Virginia. He was a member of the Freemasons and Scottish Rite for over 50 years. Wheeler served in the Army during WWII. He retired at the age of 55 from Firestone in Akron, Ohio where he worked for 30 years. He returned to the hills of Orma, West Virginia where he spent the last 44 years.
A memorial service will be held at a later date. Stump Funeral Home & Cremation, Inc., Arnoldsburg WV, has assisted the Wayne family with final arrangements.


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Q: Rebuild Linux Software Raid 10 Adding Replacement Disk I have a CentOS 6.10 Server with 4 x 2TB Drives. One was failing (bad sectors and causing major disk IO bottlenecks). This is a headless server in a remote data center. Technician is going to replace the bad hard drive shortly. I figured out the bad drive (/dev/sdb) and marked the partitions with the drive as faulty, then removed.
mdadm /dev/md2 -f /dev/sdb2
mdadm /dev/md3 -f /dev/sdb3
mdadm /dev/md5 -f /dev/sdb5

next, I used the -r flag to remove the drive from the set:
mdadm /dev/md2 -r /dev/sdb2
mdadm /dev/md3 -r /dev/sdb3
mdadm /dev/md5 -r /dev/sdb5

So now, here's my cat /proc/mdstat:
Personalities : [raid1] [raid10]
md2 : active raid1 sdd2[3] sda2[0] sdc2[2]
      523200 blocks [4/3] [U_UU]

md3 : active raid1 sda3[0] sdd3[3] sdc3[2]
      102398912 blocks [4/3] [U_UU]

md5 : active raid10 sdd5[3] sda5[0] sdc5[2]
      3699072000 blocks 512K chunks 2 near-copies [4/3] [U_UU]
      bitmap: 27/28 pages [108KB], 65536KB chunk

unused devices: <none>

Here is the details of my various partitions:
mdadm --detail /dev/md2
        Version : 0.90
  Creation Time : Wed Nov 27 19:55:48 2019
     Raid Level : raid1
     Array Size : 523200 (510.94 MiB 535.76 MB)
  Used Dev Size : 523200 (510.94 MiB 535.76 MB)
   Raid Devices : 4
  Total Devices : 3
Preferred Minor : 2
    Persistence : Superblock is persistent

    Update Time : Thu Apr  9 01:07:31 2020
          State : clean, degraded
 Active Devices : 3
Working Devices : 3
 Failed Devices : 0
  Spare Devices : 0

           UUID : 7c0d92f0:0c872155:a4d2adc2:26fd5302
         Events : 0.65

    Number   Major   Minor   RaidDevice State
       0       8        2        0      active sync   /dev/sda2
       2       0        0        2      removed
       2       8       34        2      active sync   /dev/sdc2
       3       8       50        3      active sync   /dev/sdd2

mdadm --detail /dev/md3
/dev/md3:
        Version : 0.90
  Creation Time : Wed Nov 27 19:55:49 2019
     Raid Level : raid1
     Array Size : 102398912 (97.66 GiB 104.86 GB)
  Used Dev Size : 102398912 (97.66 GiB 104.86 GB)
   Raid Devices : 4
  Total Devices : 3
Preferred Minor : 3
    Persistence : Superblock is persistent

    Update Time : Thu Apr  9 23:25:07 2020
          State : clean, degraded
 Active Devices : 3
Working Devices : 3
 Failed Devices : 0
  Spare Devices : 0

           UUID : 87473072:b4d350c2:a4d2adc2:26fd5302
         Events : 0.22932

    Number   Major   Minor   RaidDevice State
       0       8        3        0      active sync   /dev/sda3
       2       0        0        2      removed
       2       8       35        2      active sync   /dev/sdc3
       3       8       51        3      active sync   /dev/sdd3

mdadm --detail /dev/md5
/dev/md5:
        Version : 0.90
  Creation Time : Wed Nov 27 19:55:51 2019
     Raid Level : raid10
     Array Size : 3699072000 (3527.71 GiB 3787.85 GB)
  Used Dev Size : 1849536000 (1763.85 GiB 1893.92 GB)
   Raid Devices : 4
  Total Devices : 3
Preferred Minor : 5
    Persistence : Superblock is persistent

  Intent Bitmap : Internal

    Update Time : Thu Apr  9 23:24:47 2020
          State : clean, degraded
 Active Devices : 3
Working Devices : 3
 Failed Devices : 0
  Spare Devices : 0

         Layout : near=2
     Chunk Size : 512K

           UUID : 256cd09b:989c40e7:a4d2adc2:26fd5302
         Events : 0.246450

    Number   Major   Minor   RaidDevice State
       0       8        5        0      active sync set-A   /dev/sda5
       2       0        0        2      removed
       2       8       37        2      active sync set-A   /dev/sdc5
       3       8       53        3      active sync set-B   /dev/sdd5

fdisk -l /dev/sda
fdisk -l /dev/sda

WARNING: GPT (GUID Partition Table) detected on '/dev/sda'! The util fdisk doesn't support GPT. Use GNU Parted.

Disk /dev/sda: 2000.4 GB, 2000398934016 bytes
255 heads, 63 sectors/track, 243201 cylinders
Units = cylinders of 16065 * 512 = 8225280 bytes
Sector size (logical/physical): 512 bytes / 512 bytes
I/O size (minimum/optimal): 512 bytes / 512 bytes
Disk identifier: 0x00000000

   Device Boot      Start         End      Blocks   Id  System
/dev/sda1               1      243202  1953514583+  ee  GPT

Notes:
/dev/md2  Partition: /boot
/dev/md3  Partition: /
/dev/md5  Partition: /vz  (This is an OpevVZ Server running SolusVM)

Need to make I put this drive back in service correctly.

A: This was the correct procedure. it's worth noting the order of the sgdisk -R command. It's destination first, then source.
Copy partition Table:
sgdisk -R /dev/sdb /dev/sda

Randomize GUID
sgdisk -G /dev/sdb

Check if partition tables are the same:
sgdisk -p /dev/sda
sgdisk -p /dev/sdb
sgdisk -p /dev/sdc
sgdisk -p /dev/sdd

Add disk back:
mdadm --manage /dev/md2 --add /dev/sdb2
mdadm --manage /dev/md3 --add /dev/sdb3
mdadm --manage /dev/md5 --add /dev/sdb5

redpajama_set_name: RedPajamaStackExchange


text:
'use strict';

var path = require('path');
var yeoman = require('yeoman-generator');

var isAbsolute = path.isAbsolute ? path.isAbsolute : function (p) {
    // polyfill of path.isAbsolute for node < 0.12.x
    return path.resolve(p) === path.normalize(p);
  };

module.exports = yeoman.generators.Base.extend({
  constructor: function () {
    yeoman.generators.Base.apply(this, arguments);

    this.option('destination', {
      desc: 'directory to write .eslintrc in',
      type: 'String',
      defaults: './'
    });

    this.option('source', {
      desc: 'source template for .eslintrc',
      type: 'String',
      defaults: this.templatePath('eslintrc')
    });
  },

  initializing: function () {
    if (isAbsolute(this.options.destination)) {
      this.env.error('destination must be a relative path');
    }
  },

  writing: {
    app: function () {
      this.fs.copy(
        path.resolve(this.options.source),
        this.destinationPath(this.options.destination, '.eslintrc')
      );
    }
  }
});

redpajama_set_name: RedPajamaGithub


text:
<?php

// Call Zend_XmlRpc_Server_FaultTest::main() if this source file is executed directly.
if (!defined("PHPUnit_MAIN_METHOD")) {
    define("PHPUnit_MAIN_METHOD", "Zend_XmlRpc_Server_FaultTest::main");
}

require_once 'Zend/XmlRpc/Server.php';
require_once 'Zend/XmlRpc/Server/Fault.php';

/**
 * Test case for Zend_XmlRpc_Server_Fault
 *
 * @category   Zend
 * @package    Zend_XmlRpc
 * @subpackage UnitTests
 * @copyright  Copyright (c) 2005-2012 Zend Technologies USA Inc. (http://www.zend.com)
 * @license    http://framework.zend.com/license/new-bsd     New BSD License
 * @group      Zend_XmlRpc
 */
class Zend_XmlRpc_Server_FaultTest extends PHPUnit_Framework_TestCase
{
    /**
     * Runs the test methods of this class.
     *
     * @access public
     * @static
     */
    public static function main()
    {

        $suite  = new PHPUnit_Framework_TestSuite("Zend_XmlRpc_Server_FaultTest");
        $result = PHPUnit_TextUI_TestRunner::run($suite);
    }

    /**
     * Zend_XmlRpc_Server_Fault::getInstance() test
     */
    public function testGetInstance()
    {
        $e = new Zend_XmlRpc_Server_Exception('Testing fault', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);

        $this->assertTrue($fault instanceof Zend_XmlRpc_Server_Fault);
    }

    /**
     * Zend_XmlRpc_Server_Fault::attachFaultException() test
     */
    public function testAttachFaultException()
    {
        Zend_XmlRpc_Server_Fault::attachFaultException('zxrs_fault_test_exception');
        $e = new zxrs_fault_test_exception('test exception', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
        $this->assertEquals('test exception', $fault->getMessage());
        $this->assertEquals(411, $fault->getCode());
        Zend_XmlRpc_Server_Fault::detachFaultException('zxrs_fault_test_exception');

        $exceptions = array(
            'zxrs_fault_test_exception',
            'zxrs_fault_test_exception2',
            'zxrs_fault_test_exception3'
        );
        Zend_XmlRpc_Server_Fault::attachFaultException($exceptions);
        foreach ($exceptions as $class) {
            $e = new $class('test exception', 411);
            $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
            $this->assertEquals('test exception', $fault->getMessage());
            $this->assertEquals(411, $fault->getCode());
        }
        Zend_XmlRpc_Server_Fault::detachFaultException($exceptions);
    }

    /**
     * Tests ZF-1825
     * @return void
     */
    public function testAttachFaultExceptionAllowsForDerivativeExceptionClasses()
    {
        Zend_XmlRpc_Server_Fault::attachFaultException('zxrs_fault_test_exception');
        $e = new zxrs_fault_test_exception4('test exception', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
        $this->assertEquals('test exception', $fault->getMessage());
        $this->assertEquals(411, $fault->getCode());
        Zend_XmlRpc_Server_Fault::detachFaultException('zxrs_fault_test_exception');
    }

    /**
     * Zend_XmlRpc_Server_Fault::detachFaultException() test
     */
    public function testDetachFaultException()
    {
        Zend_XmlRpc_Server_Fault::attachFaultException('zxrs_fault_test_exception');
        $e = new zxrs_fault_test_exception('test exception', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
        $this->assertEquals('test exception', $fault->getMessage());
        $this->assertEquals(411, $fault->getCode());
        Zend_XmlRpc_Server_Fault::detachFaultException('zxrs_fault_test_exception');
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
        $this->assertEquals('Unknown error', $fault->getMessage());
        $this->assertEquals(404, $fault->getCode());

        $exceptions = array(
            'zxrs_fault_test_exception',
            'zxrs_fault_test_exception2',
            'zxrs_fault_test_exception3'
        );
        Zend_XmlRpc_Server_Fault::attachFaultException($exceptions);
        foreach ($exceptions as $class) {
            $e = new $class('test exception', 411);
            $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
            $this->assertEquals('test exception', $fault->getMessage());
            $this->assertEquals(411, $fault->getCode());
        }
        Zend_XmlRpc_Server_Fault::detachFaultException($exceptions);
        foreach ($exceptions as $class) {
            $e = new $class('test exception', 411);
            $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
            $this->assertEquals('Unknown error', $fault->getMessage());
            $this->assertEquals(404, $fault->getCode());
        }
    }

    /**
     * Zend_XmlRpc_Server_Fault::attachObserver() test
     */
    public function testAttachObserver()
    {
        Zend_XmlRpc_Server_Fault::attachObserver('zxrs_fault_observer');
        $e = new Zend_XmlRpc_Server_Exception('Checking observers', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
        $observed = zxrs_fault_observer::getObserved();
        zxrs_fault_observer::clearObserved();
        Zend_XmlRpc_Server_Fault::detachObserver('zxrs_fault_observer');

        $this->assertTrue(!empty($observed));
        $f = array_shift($observed);
        $this->assertTrue($f instanceof Zend_XmlRpc_Server_Fault);
        $this->assertEquals('Checking observers', $f->getMessage());
        $this->assertEquals(411, $f->getCode());

        $this->assertFalse(Zend_XmlRpc_Server_Fault::attachObserver('foo'));
    }

    /**
     * Zend_XmlRpc_Server_Fault::detachObserver() test
     */
    public function testDetachObserver()
    {
        Zend_XmlRpc_Server_Fault::attachObserver('zxrs_fault_observer');
        $e = new Zend_XmlRpc_Server_Exception('Checking observers', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
        zxrs_fault_observer::clearObserved();
        Zend_XmlRpc_Server_Fault::detachObserver('zxrs_fault_observer');

        $e = new Zend_XmlRpc_Server_Exception('Checking observers', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);
        $observed = zxrs_fault_observer::getObserved();
        $this->assertTrue(empty($observed));

        $this->assertFalse(Zend_XmlRpc_Server_Fault::detachObserver('foo'));
    }

    /**
     * getCode() test
     */
    public function testGetCode()
    {
        $e = new Zend_XmlRpc_Server_Exception('Testing fault', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);

        $this->assertEquals(411, $fault->getCode());
    }

    /**
     * getException() test
     */
    public function testGetException()
    {
        $e = new Zend_XmlRpc_Server_Exception('Testing fault', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);

        $this->assertSame($e, $fault->getException());
    }

    /**
     * getMessage() test
     */
    public function testGetMessage()
    {
        $e = new Zend_XmlRpc_Server_Exception('Testing fault', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);

        $this->assertEquals('Testing fault', $fault->getMessage());
    }

    /**
     * __toString() test
     */
    public function test__toString()
    {
        $dom  = new DOMDocument('1.0', 'UTF-8');
        $r    = $dom->appendChild($dom->createElement('methodResponse'));
        $f    = $r->appendChild($dom->createElement('fault'));
        $v    = $f->appendChild($dom->createElement('value'));
        $s    = $v->appendChild($dom->createElement('struct'));

        $m1   = $s->appendChild($dom->createElement('member'));
        $m1->appendChild($dom->createElement('name', 'faultCode'));
        $cv   = $m1->appendChild($dom->createElement('value'));
        $cv->appendChild($dom->createElement('int', 411));

        $m2   = $s->appendChild($dom->createElement('member'));
        $m2->appendChild($dom->createElement('name', 'faultString'));
        $sv   = $m2->appendChild($dom->createElement('value'));
        $sv->appendChild($dom->createElement('string', 'Testing fault'));

        $xml = $dom->saveXML();

        require_once 'Zend/XmlRpc/Server/Exception.php';
        $e = new Zend_XmlRpc_Server_Exception('Testing fault', 411);
        $fault = Zend_XmlRpc_Server_Fault::getInstance($e);

        $this->assertEquals(trim($xml), trim($fault->__toString()));
    }
}

class zxrs_fault_test_exception extends Exception {}
class zxrs_fault_test_exception2 extends Exception {}
class zxrs_fault_test_exception3 extends Exception {}
class zxrs_fault_test_exception4 extends zxrs_fault_test_exception {}

class zxrs_fault_observer
{
    private static $_instance = false;

    public $observed = array();

    private function __construct()
    {
    }

    public static function getInstance()
    {
        if (!self::$_instance) {
            self::$_instance = new self();
        }

        return self::$_instance;
    }

    public static function observe(Zend_XmlRpc_Server_Fault $fault)
    {
        self::getInstance()->observed[] = $fault;
    }

    public static function clearObserved()
    {
        self::getInstance()->observed = array();
    }

    public static function getObserved()
    {
        return self::getInstance()->observed;
    }
}

// Call Zend_XmlRpc_Server_FaultTest::main() if this source file is executed directly.
if (PHPUnit_MAIN_METHOD == "Zend_XmlRpc_Server_FaultTest::main") {
    Zend_XmlRpc_Server_FaultTest::main();
}


+13 For length in aircraft design, and in weight and balance manuals, what measurement unit does Airbus use?
+10 Is passenger weight distribution important on a commercial flight?
+10 When are black boxes used?
+10 How do pilots decide whether to circumnavigate bad weather?


text:
Home News Hay River News NWT wildfire season calms, firefighters could head south
NWT wildfire season calms, firefighters could head south
Ollie Williams
Monday, Jul. 27th, 2015
A helicopter supports fire crews working near Hay River in July 2015. NWT Fire photo
Northwest Territories firefighters could be sent to help elsewhere in Canada as the territory's own wildfire season comes under control.
The 2015 season began early and with considerable intensity in the NWT, but wet, cooler weather in recent weeks has led to a marked improvement.
By this point in the devastating 2014 season, 284 fires had appeared in the territory. This summer, that figure is down to 207. The area burned so far this year stands at around 600,000 hectares – some 400,000 hectares fewer than by the end of July 2014.
Just two new fires were reported in the past week.
"Things have calmed down quite a bit," said Richard Olsen, the territory's wildfire operations manager. "It's almost a nice, calming, relaxing feeling that we have the time to sit and think about things."
Olsen confirmed all firefighters brought in from other provinces and territories have now been sent home. It's currently more likely that the territory's own crews may soon be sent south, to provinces like British Columbia or Saskatchewan, instead.
"We are at the point, in the next week or so, where our normal season in some places will be winding down," said Olsen. "We'll be looking at whether we extend crews for possible export to help crews down south.
"There may be a point in time for the folks there [in BC, Alberta and Saskatchewan] to take a break and for new people to cycle in to replace them."
More detail: NWT Fire map and wildfire situation report
Olsen also wants to send NWT personnel to fight fires in other provinces for educational purposes. He believes they can learn more from working with different teams.
That said, the Northwest Territories is not yet entirely free of fire risk this summer.
"We are still in drought-type conditions for areas around Great Slave Lake and still do need significant rain – we're talking four to five inches, in most cases, to bring things back to normal," said Olsen.
"But what has happened is the scope of the overall area affected has been reduced, so chances of new fire starts are diminishing and areas of concern we had a month ago aren't so much a concern any more. We're expecting a lesser and lesser chance of lightning."
The wildfire south of Hay River is now sufficiently under control that it will simply be monitored for the time being, with local fire crews expected to handle any remaining issues.
The fire burning around 60 km east of Yellowknife, which has the potential to threaten the Reid Lake area, is still being "actively managed" according to Olsen – who said "significant dry spots" remain in the areas east of the city.
Previous articleNWT cabin draw: those lucky numbers in full
Next articleWill barge transport be thing of the past if low water continues?
Hello! I'm the one with the British accent. Thanks for supporting CJCD. To contact me, you can email me, find me on Twitter or call (867) 920-4663.


text:
New ASHRAE Standard 188 to Prevent Legionnaires' Disease
By Janet E. Stout and Garry R. Boehlert Facilities Management
OTHER PARTS OF THIS ARTICLEPt. 1: This PagePt. 2: Facility Managers' Responsibilities for Legionella Prevention Under ASHRAE 188Pt. 3: What Facility Managers Should Know About HACCP Plans and ASHRAE 188Pt. 4: ASHRAE Legionella Standard: Monitoring, Disinfection, Legal Considerations
Two dreaded words no facility manager wants to hear: Legionnaires' disease. The mere mention evokes haunting images of the 1976 American Legion Convention in Philadelphia at which 220 became ill and 30 died. No one wants the stigma of Legionella bacteria associated with their building. Just one case of Legionnaires' disease can shine an unwanted spotlight on your building's water system and wreak havoc by creating negative publicity, disruptive emergency disinfection, damaged reputations, diminished property values, legal liability and potentially huge expense.
According to a Centers for Disease Control and Prevention (CDC) report released in August 2011, over the past 10 years, Legionnaires' disease cases have increased by 217 percent. That translates to 18,000 to 20,000 cases annually in the United States. Of those cases, 10 to 30 percent were fatal.
What's more, according to published research, up to 70 percent of all building water systems are contaminated with Legionella, the bacteria that cause Legionnaires' disease - a serious but preventable form of pneumonia, as well as Pontiac Fever, a flu-like illness, which recently sickened more than 200 people as a result of the widely reported outbreak at the Playboy mansion. Together, these diseases are called Legionellosis.
Occupants in your buildings can become ill when they ingest or inhale water or aerosols contaminated with Legionella. In a health care setting, it can also be transmitted through respiratory devices. Although anyone at any age can contract Legionellosis, the people most at risk are smokers, the elderly, and individuals with impaired immune systems.
Legionella guidelines have been around for years, but currently there is no consensus on best industry practices to follow for prevention and control of Legionellosis. Making matters worse many recommendations in existing guidelines are backed by little or no scientific evidence. Some of these ineffective practices are labor-intensive, costing facility managers wasted time and money.
To respond to this growing threat to public health, the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) will release ASHRAE Standard 188: Prevention of Legionellosis Associated with Building Water Systems in summer 2012. The new standard will require that facility managers implement stronger safeguards through pro-active risk assessment and risk management practices.
ASHRAE 188, written by engineering, microbiology, disease prevention and water treatment experts, provides a comprehensive set of practices that facility managers can follow to help prevent Legionellosis. The standard specifies uniform practices for risk assessment and management. It covers potable water systems; cooling towers and evaporative condensers; whirlpool spas; decorative fountains; other water features; and aerosol-generating air coolers, humidifiers, and washers.
Continue Reading: New Legionella Standard
Facility Managers' Responsibilities for Legionella Prevention Under ASHRAE 188
What Facility Managers Should Know About HACCP Plans and ASHRAE 188
ASHRAE Legionella Standard: Monitoring, Disinfection, Legal Considerations
Making the Financial Case for Projects
10 Best Practices To Preserve Historic Landmarks
How to Develop In-House Product Standards
Establish Uniform Naming Conventions to Best Use BIM for FM


6/01/2011 · Click on the icon you like. Do a get info. (Command-I). Select the icon in the upper left corner of the box. Then from the Edit menu select copy or do command-c. Close the box. Then select your drive. Do a get info. Select the drive icon in the upper left corner of the box and then do a command-v (paste). Then close the box.
As a result, what I suggest is that rather than delete the old account or rename it, I'm going to show you how to create a new account for yourself then change the settings on your Mac so that your new account is the default login account when you restart the system.
If you own a family Mac, then it is definitely useful to make a separate account for each family member, each of which can be customized according to the user's needs. However, this also leads to an extremely long list on the login window, and an annoying scroll bar down the side.


text:
Free Speech v. Public Health
4 commentsJanuary 29, 20091 min readby Madhav Khosla
Written by Madhav Khosla
Last week, Tarunabh posted details of two new free speech orders that had been passed. In one of the orders, the judgment of which can be found here, the Delhi High Court struck down the ban on smoking in films. In an article in today's Indian Express, I examine this order through the lens of the conflict between free speech and public health. While I support the decision, particularly because Justice Kaul follows first principles rather than grounds of policy, I believe that one has to closely watch the future to witness how the field of public health law may develop in India. While in India, this area of law has hitherto not been regarded as an independent field of law, the increase in government regulations that aim to safeguard public health and thus infringe personal freedoms and impact human behaviour, could see courts following specific doctrinal approaches in public health cases.
Tagged asFree Speech
Madhav Khosla
B. R. Ambedkar Academic Fellow at Columbia Law School
Dilip Rao says:
I have not yet read the judgment or the smoking notification (is either of these available online? I could not find the latter on the MOHFW website) but there are several points that I do not quite follow.
You write 'In striking down the ban on smoking in films, the Court emphasised that the Board of Film Certification had ample powers to ensure that films do not encourage smoking, and no further legal regulation was warranted.' What powers are these? Is the board empowered to restrict the use of smoking in particular scenes or that scenes that involve smoking could be censored solely on that ground?
I get the point about potrayal of reality. But freedom of artistic expression is much more than depicting reality, so the court's inference that the Director ought to always be free to express what he desires does not automatically follow from that fact. The objective of most run-of-the-mill bollywood drama is to depict a fantasy world that is deliberately designed as an escape from reality. What about sci-fi movies (if some director were to choose to make one)? In public, Mr.Ramadoss at that time clarified that certain roles that required the actor to smoke would be excluded from the ban which, I suppose, was with reference to the sort of reality-based situations the honorable judge is talking about. If the notification indeed makes this point, then the central argument of the court's reasoning seems to end up addressing the exception but generalizing its conclusions to the actual rule and then striking it down on that basis.
Madhav,
Sec.5-B of the Cinematograph Act, 1952 says:
Principles for guidance in certifying films. – (1) A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of [(Ins. by Act 49 of 1981 (w.e.f. 1-6-1983) the sovereignty and integrity of India] the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence.
(2) Subject to the provisions contained in sub-section (1), the Central Government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this Act in sanctioning films for public exhibition.
Censorship in India has full justification in the field of the exhibition of cinema films. It is in the interest of society. The censorship of films including prior restraint is justified under the Constitution.
It has almost universally recognised that the treatment of motion pictures must be different from that of other forms of art and expression. Therefore classification of films into categories of "U" films "A" films is a reasonable classification.
It is not elements of rape, leprosy, sexual immorality which should attract the censor's scissors but how the theme is handled by the producer.
If the smoking notification is struck down on the ground that it does not fall within the purview of the morality exception under the constitution, it would seem to me that use of the very same lanaguage of Art. 19(2) in this Act suggests that censorship on the same basis by the censor Board is impermissible as well. The notes also refer only to rape, leprosy and sexual immorality, not smoking.
Madhav Khosla says:
1. The judgment is available online. I provided the link in my post.
2. I believe that the powers the Court is referring to are to in a notification dated 06.12.1991 of the Ministry of Information and Broadcasting which was issued under Section 5B(2) of the Cinematograph Act, 1952.
3. I am not sure I understand your point concerning science fiction. The Court's reasoning is sound that you cannot prohibit anyone from portraying reality. It surely does not mean that he must only portray reality – obviously he can portray fantasy. That's besides the point.
4. I don't believe any public statement by Mr. Ramadoss has legal value. The Court was required to act on the basis of the text of the impugned provisions, which made no exceptions of the kind you indicate.
1. Thanks for pointing out the link to the judgment. Having gone through it, it appears that the reasoning the court is broader than I originally thought but the questions I think are still valid.
2. The reason for quoting Ramadoss' public statement was not because it had any legal value but to suggest that he must have got some exception included for reality-based situations (assuming he was not lying). Sure enough, rule 4(7) provides that exception. The court however makes the point that the exception is still unduly restrictive (para 39) and even if the object is one of entertainment or artistic expression (para 42), there is still a need to depict even undesirable realities for that purpose.
3. The whole argument revolving around the need to portray reality made me ask arguendo if the movie/scene was not reality-based, was it still impermissible to censor it? If the rules were rewritten by rewording rule 4(7) to provide a blanket exception to all reality-based situations – no use of the phrases 'in very rare cases' or 'compulsion of the script' as existed here – would the notification then pass constitutional muster? That is where the distinction between reality and fantasy might become important. If some hero in a bollywood drama were to sing and dance atop a Ferrari in some exotic Swiss locale with a dozen beautiful young European women all the while smoking his cigarette, it is difficult to claim that to be a portrayal of reality. Likewise, a chimerical monster in a sci-fi movie or a walking skeleton in a horror movie exhaling toxic fumes is arguably unreal. Do these situations then qualify for censorship under this standard?


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Beeston is a town in Nottinghamshire, England. Although typically regarded as a suburb of the City of Nottingham, and officially designated as part of the Nottingham Urban Area, for local government purposes it is in the borough of Broxtowe, lying outside the City's unitary authority area.
To the immediate northeast is the University of Nottingham's main campus, University Park. The pharmaceutical and retail chemist group Boots has its headquarters on a large campus just 0.6 miles east of the centre of Beeston, falling on the border of Broxtowe and the City of Nottingham. To the south is the River Trent, Attenborough and its extensive wetlands.


Queen Charlotte RCMP found crack cocaine, marijuana, and cash during a search of a suspected "drug house" in Skidegate early Wednesday morning (July 27).	Sgt. Rob Knapton said the RCMP executed a search warrant under the Controlled Drugs and Substances Act in the 100 block of Second Avenue. Three residents were arrested as a result of the search, and police seized a quantity of crack cocaine, marijuana, cash and paraphernalia.	The residents were later released from police custody. Sgt. Knapton said charges have been forwarded against one adult male and one adult female.


In 2001, NDARC researchers interviewed 615 heroin users about their lives. Eleven years on, they repeated the process. Here, researchers reveal what one of the world's longest running follow-up studies uncovered about the long term health and social impacts of heroin use.
A research project that will analyse data on 160,000 people across 31 countries to plug gaps in understanding about the incidence and life course of mental and substance use disorders has been awarded over $700,000 in funding by the National Health and Medical Research Council (NHMRC).
The use of crystal methamphetamine among people who inject drugs increased by six per cent between 2013 and 2014, attendees at the National Drug Trends Conference heard.
Australia's alcohol policy ranking does not match its alcohol consumption ranking: what's going on?


April 4, 2018 – York, ME – Dr. Akhil Sastry, orthopaedic surgeon and provider at Atlantic Orthopaedics & Sports Medicine, will speak at Dinner with the Doctor, a lecture event hosted by York Hospital on Thursday, May 3rd at the Sable Oaks Marriott in South Portland, Maine, beginning at 6PM.
The Seacoast's premier expert on robotic-assisted knee replacements, Dr. Sastry will discuss innovations in knee replacement surgery, including how the use of robotics allows for greater precision and how that benefits the patient. He has been a pioneer in the field and performed the first MAKO robotic-assisted knee replacement in Maine and the Seacoast area. He was also the first to perform a direct anterior hip replacement surgery and leads training programs throughout the country for orthopaedic surgeons.
A Board-Certified physician at Atlantic Orthopaedics, Dr. Sastry specializes in joint replacement, direct anterior hip replacement, and arthroscopic and robotic surgery of the knee. He is certified in both partial and total robotic-assisted knee replacements and is renowned on the national and international level for the robotic surgical technique. He is highly distinguished among his peers, has co-authored articles in many publications and given numerous podium presentations in his field.
Dinner with the Doctor is free and open to the public; however, reservations are required. To register, contact York Hospital at 207-351-2385 or email info@yorkhospital.com. Light fare and refreshments will be provided.
Akhil Sastry, MD of Atlantic Orthopaedics & Sports Medicine is this month's speaker at Portsmouth Regional Hospital's Orthopedic Wellness Lecture, to take place on Tuesday, March 27th at the Seabrook Public Library on 25 Liberty Lane in Seabrook from 5-6PM.
Dr. Sastry is New Hampshire's first MAKO robotic surgeon, as well as a MAKO instructor for leading orthopedic surgeons around the world. He will discuss the benefits of using this advanced technology for anatomical mapping using the MAKO Robotic Arm, which allows for surgical precision in total and partial knee as well as total hip replacements. This precise implant placement leads to faster healing and recovery time for patients.
The event is free of charge and light refreshments will be served. To reserve your space, call 1(888) 421-1080 or visit https://portsmouthhospital.com/calendar/?session_id=a0s39000005y5jsAAA.
Portsmouth, NH – Atlantic Orthopaedics & Sports Medicine is pleased to offer free sports physicals to all student athletes this summer at their facilities in Portsmouth, New Hampshire and York, Maine.
The Board-Certified providers at Atlantic Orthopaedics will be offering physical examinations on Monday, June 12th 4:30-6PM at their newest facility in Portsmouth, located at 1900 Lafayette Road. The following week they will hold physicals on Tuesday, June 20th 4:30-6PM at their York clinic, located at 16 Hospital Drive, Suite B.
Young athletes planning to participate in a sports activity during their school year are encouraged to stop by for a complete examination. Physicals will be free of charge, but those who wish to support their school's athletic department may bring a $5 donation.
No appointment is necessary for a physical, but RSVPs are appreciated – please call (603) 559-8341 to schedule an exam.
York, ME – Andrew McMahon, DO of Atlantic Orthopaedics & Sports Medicine will speak to members of the York Senior Center on back pain as part of a Lunch and Learn Program for the Center. He will be joined by Dr. Bryan Hoffman from Saco Bay Physical Therapy for the event, held Tuesday, May 2nd, beginning at 10:30am.
Dr. McMahon will present information on chronic back pain, including common causes, methods to combat pain, and how to prevent it before pain strikes. In his practice, Dr. McMahon stresses the importance of identifying the underlying reason for injury in treatment – a key topic during the Senior Center program.
A Board-Certified physician at Atlantic Orthopaedics, Dr. McMahon specializes in sports medicine, musculoskeletal ultrasound and post-concussion management. He received his BS from the University of New Hampshire and his DO from the University of New England College of Osteopathic Medicine.
Dr. Eilts, who specializes in podiatry as well as foot and ankle surgery and reconstruction, will be holding a talk this evening with physical therapists from Saco Bay PT. He will be lecturing on the latest technology in ankle and foot surgery, and how this affects post-op protocols for surgeons and patients.
Saco Bay Orthopaedic & Sports Physical Therapy has multiple locations in Southern Maine. Utilizing evidence-based care and proven treatment techniques in a supportive and educational environment, Saco Bay PT strives to ensure high quality healthcare and cost-effective outcomes for its patients to promote movement, reduce pain, restore function and prevent disability.
Cameron Eilts, DPM, received his BS from the University of South Dakota and his DPM from Des Moines University. His specialities include: foot surgery; ankle surgery; wound care; diabetic limb salvage; non-surgical and surgical treatment of foot pain, foot deformity, pediatric flatfoot, ankle and foot fractures, plantar fascia, tendonitis, neuropathy, neuromas, heel spurs, ingrown toenails, hammertoes, warts, corns, calluses, and bunions. Dr. Eilts is also affiliated with the American Podiatric Medical Association and American College of Foot and Ankle Surgery, and is a member of the Podiatry Institute.
Dr. Tyler Welch of Atlantic Orthopaedics & Sports Medicine is scheduled to present a lecture on Thursday, January 19th titled Recent Advances in the Treatment of Cartilage Injuries and Early Arthritis: The Future is Here. Open to the general public, the lecture will take place from 6:30-8PM at the Portsmouth Regional Hospital – Hospital Classroom, located on Borthwick Avenue.
Topics of discussion will include: the role of cartilage in joint function, common symptoms in patients with cartilage injuries, the history of cartilage surgery, and the ways in which treatment options have evolved over the last ten to fifteen years in orthopedic medicine. Dr. Welch will also share various cartilage treatment techniques that he currently practices at the Cartilage Center at Atlantic Orthopaedics & Sports Medicine, as well as how location, size, and extent of a cartilage injury's damage can dictate the appropriate treatment options for a patient.
Dr. Welch is a Board-Certified physician at Atlantic Orthopaedics who specializes in cartilage restoration, sports medicine, joint replacement, and arthroscopic surgery of the hip, knee and shoulder. He is the lead doctor of the clinic's new Cartilage Center, a place for patients experiencing joint pain and early arthritis. Using cutting-edge treatments in cartilage restoration, Dr. Welch and his team are able to help patients resolve hip, elbow, knee, shoulder and other joint pain, while avoiding more costly and invasive replacement procedures down the road.
His lecture at Portsmouth Regional Hospital is free and open to the general public. To register, please visit portsmouthregionalhospital.com and find the event under "Classes and Events".
Andrew McMahon, DO of Atlantic Orthopaedics & Sports Medicine will lead a discussion titled Get Your Head Out of the Game, a Concussion Information Night for parents, youth coaches, administrators, and those wanting to learn more about concussions and young athletes. The session will be held at 6PM on Tuesday, November 29th in the York High School's Band Room, located at 1 Robert Stevens Drive.
Dr. McMahon will host the informational event with York High School Trainer Emily Castaline. Free to the public, it will provide information and answer audience questions relative to concussions in youth sports, including: recognizing the signs of concussion and what parents should do if they suspect their child has one, the Parks and Recreation Department's Return-to-Play policy following concussion, and what a baseline test is and the information it can provide relative to concussion. No reservations are required for this free session.
Dr. McMahon, a physician at Atlantic Orthopaedics & Sports Medicine, specializes in sports medicine, musculoskeletal ultrasound and post-concussion management. He received his BS from the University of New Hampshire and his DO from the University of New England College of Osteopathic Medicine. McMahon is currently a Team Physician for the US Freestyle Ski Team, Portland Pirates (of the American Hockey League), and York and Wells High Schools in Maine.
York Hospital proudly presents "Dinner with the Doctor" – a lecture and dinner event on Wednesday, September 14th at the Hilton Garden Inn Waterfront in Portland, Maine.
Speaking at the dinner is Dr. Akhilesh Sastry, MD, FAAOS, premiere Board Certified Orthopaedic Surgeon and this area's expert on robotic assisted partial knee replacements.
Dr. Sastry will discuss innovations in knee replacement surgery, including how the use of robotics allows for greater precision and how that benefits the patient. He has been a pioneer in the field and a great advocate for patient access to this advancement in joint replacement technology. He performed the first robotic assisted knee replacement in Maine and in the Seacoast area. He was also the first to perform a direct anterior hip replacement surgery and leads training programs throughout the country. He is highly distinguished among his peers, has co-authored articles in many publications and given numerous podium presentations.
The event is free; however, reservations are required. Please call York Hospital at (207) 351-2385 or e-mail info@yorkhospital.com to register.


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Home :: Military :: Systems :: Aircraft :: Equipment :: Engines ::
OH-4 Bell 206 JetRanger
The T63 engine powers the H-58 and H-6 helicopters-both of which are being significantly downsized. The T63 is manufactured by Allison and is similar to the commercial 250 Allison engine, which powers several commercial aircraft, including the Bell 206 and 487 helicopters. The Bell model 206 YOH-4A of 1961 was powered by an Allison T63-A-5 250 shp turbine engine. It evolved into the successful Bell Model 206A Jet Ranger. The OH-6A was powered by a single Allison T63-A-5A 285 shp turboshaft engine, and had a cruising speed of 144 mph (125 knots).
DOD had 11 percent of the 21,000 engine population as of 1997. The Army did 84 percent of its T63 depot workload at its Corpus Christi Army Depot in 1997, with the remaining workload contracted out to the private sector. As of 1997 there were eight potential sources of repair for this engine-three having previous T63 experience and the remaining having experience with the Allison 250. The T63-A-720 is an engine type produced for the military and has a close equivalency to a 250-C20C civilian engine. The Federal Aviation Administration Type Certificate Data Sheet for the 250 series Rolls Royce Allison engines notes that certain military engines are eligible for use under the Civil Type Certificate if the civilian model is stamped on the data plate next to the military model designation, and, certain modifications are made prior to civilian use.
More commercial turbine engine helicopters are powered by the Allison 250 engines than any other engine. While the Allison 250 engine has widespread commercial use, the military's workload is declining. There were about 18,900 Allison 250 engines in the commercial market compared with only about 2,400 military engines as of 1997. Projected T63 workload at Corpus Christi Army Depot was expected to decline from 32,920 direct labor hours in 1993 to about 3,000 direct labor hours in 1997. Even though Corpus Christi had extensive excess engine repair capacity and repairing small quantities of T63 workload recovers some fixed overhead costs, continuing to maintain the T63 repair line in-house is probably not cost-effective.
In 2002 the Propulsion Directorate's Fuels Branch completed the first evaluation of fuel additives to mitigate soot particulate emissions from turbine engines. Airborne particles pose both health and environmental risks, and as such, the Environmental Protection Agency has a health-based regulation to control particulate emissions with diameters equal to or smaller than 2.5 µm.
Directorate researchers tested 17 additives (commercial additives to reduce emissions in internal combustion engines, diesel cetane improvers, and experimental/proprietary additives) in a T63 helicopter engine. Directorate researchers analyzed engine exhaust using a suite of state-of-the-art instrumentation to characterize particulate number density (number of particles per cubic centimeter), size distribution, mass, and particulate chemical composition.
The detergent-type additive reduced particulate number density by 67%, resulting in a calculated particulate mass reduction of 53%. Further investigations into this and other additives of similar chemistry are ongoing in the T63 and in atmospheric combustors to help elucidate the mechanisms by which the additive reduces particulate emissions in the T63.
T63 Turboshaft
Allision Gas Turbine company
Max Shaft Output
319 ft-lbs torque/365 hp
Weight - 158 lbs
Compressor - 7 stage axial, 1 stage centrifugal
Turbine - 2 stage power turbine
2 stage gas producer turbine
Application - Helicopters
@ 100% RPM
Shaft power output : 6016 RMP
Gas Producer Rotor: 50,970 RPM
Power Turbine Rotor: 33,290 RPM
Allison Engine Co., Inc., a division of General Motors Corp., was the OEM of the T63-A-720 engine. The Allison group was acquired by Rolls-Royce in the mid-1990s. Tr. at 139, 350. Accordingly, Rolls-Royce is in essence the OEM of the engine. The T63-A-720 engines to be overhauled under the Army's proposed 2001 sole-source contract to Rolls-Royce are used in the Army's OH-58 "Kiowa" helicopter. The Kiowa helicopter had been in service for approximately 30 years.Up until the mid-1990s, the Army had an "organic" (i.e., in-house) ability to overhaul the engines.
As part of its in-house ability, the Army maintained an "instruction manual describing the operations, procedures, and practices required to overhaul the engines." This instruction manual, called a "Depot Maintenance Work Requirement" (DMWR), also listed the required tooling and test equipment to perform the overhauls. Id. The Army maintained and updated the DMWR through amendments made by its own engineers, as well as through its receipt of commercial engine bulletins from the original equipment manufacturer (OEM) of the T63 engine. The DMWR was also used to competitively procure engine overhaul services from commercial vendors, with the last such contract being let in 1993.
The Army decided in the mid-1990s to phase out the Kiowa helicopter in 2004, and stopped maintaining its DMWR as of 1993. The last overhauls of the engines were performed in-house in 1997 using the DMWR and available updates. The agency stated that it needs to procure the engineering services from Rolls-Royce because the Army's DMWR was out of date, and it needs to procure the overhaul services from Rolls-Royce because the Army has divested itself of the tooling and equipment needed to overhaul the engines.
On January 13, 2001, the Army published a notice in the Commerce Business Daily (CBD) of its intention to award a sole-source contract to Rolls-Royce. The CBD referenced solicitation No. DAAH23-01-R-0067, and stated, among other things, that the contractor would be required to "furnish all depot-level labor, facilities, special tooling, test equipment, and materials for the maintenance, overhaul/repair modification" of up to 300 of the engines, and that "[t]he contractor will also upgrade Engine configuration to commercial and provide all technical data to identify the engineering changes."
Shortly after the CBD notice was published, Sabreliner and two other firms requested copies of the solicitation. The agency did not respond to the firms' requests, but rather, the contracting officer continued to meet with, and receive proposals from, Rolls-Royce with the intent of awarding Rolls-Royce a sole-source contract. After receiving approval to issue a letter contract to Rolls-Royce on May 4, the contracting officer states that "it was discovered that three sources had requested a copy of the solicitation based upon the synopsis," and that "[t]his was the first time that the Contracting Officer was made aware of these requests."
The contracting officer responded by providing each of the three firms, including Sabreliner, a letter stating that "a formal solicitation is not available," but providing each of the firms with a statement of work (SOW) setting forth the agency's needs. The letter and SOW were provided to each of the firms by facsimile transmission at approximately 1 p.m on May 10, with the letter informing the firms that "[a] Firm Fixed Price Proposal and supporting documentation as well as a Small Business Subcontracting Plan, if required, is due to this office [by] 10 May, 2001, 4:00 p.m."
Sabreliner filed a protest with the agency on May 10, complaining, among other things, that the 3 hours the agency provided Sabreliner to prepare its proposal was inadequate, and that the proposed sole-source improperly "bundled" the engineering and overhaul services. Sabreliner asserted that it is authorized, and has the ability, to overhaul the engines, and that because of this, it should be permitted to compete for those services.
The agency states that in an effort to resolve Sabreliner's agency-level protest, it contacted Sabreliner and asked whether the protest could be resolved by providing Saberliner with additional time to prepare its proposal. The agency states that it was informed by Sabreliner that "only a separation of the overhaul from the data requirements and the overhaul portion being solicited competitively would satisfy Sabreliner." The agency explains that it had another discussion with Sabreliner, and "agreed to further consult with the government technical personel and have a later conference with Sabreliner." The contracting officer states that after discussing the matter with the agency's technical personnel, she determined that the agreed upon conference with Sabreliner "would not be fruitful," and informed Sabreliner on June 7 that there would be no conference. Sabreliner filed its protest with our Office the following day.
Sabreliner protested the selection of Rolls-Royce for award of this sole-source contract on the grounds that the Army improperly determined that Rolls-Royce was the only responsible source capable of meeting the government's needs with regard to both the engineering and overhaul services. Sabreliner argues in the alternative that if the agency properly determined that only Rolls-Royce, as the OEM, is capable of performing the engineering services, the agency nevertheless lacks a reasonable basis for requiring that both the engineering and overhaul services be performed by Rolls-Royce, contending that if need be, the agency should procure the engineering services from Rolls-Royce on a sole-source basis, and then compete the overhaul services.
Sabreliner pursued its protest in part by arguing and submitting evidence of its ability to overhaul and upgrade the T63-A-720 military engines to a 250-C20B commercial configuration as indicated by the CBD and J&A. For example, Sabreliner provided evidence that it has performed a contract for the Department of the Navy for the overhaul and upgrade of two of its T63 engines to the 250-C20B commercial configuration, and it was agreed that one of the issues to be addressed at the hearing was Sabreliner's capabilities to overhaul and upgrade the T63 engines to the commercial configuration. Because the agency waited until the hearing to inform Sabreliner and our Office that the J&A was inaccurate in that the agency's needs were not for the overhaul and upgrade of its T63 engines to the 250-C20B commercial configuration, but rather, were for the upgrade and overhaul to the latest T63 configuration, Sabreliner has never been afforded any real opportunity to demonstrate its capabilities to meet the agency's actual needs.
The protest [B-288030; B-288030.2] to GAO was sustained on September 13, 2001. GAO recommended that the agency first reassess whether a sole-source contract with Rolls-Royce is necessary to meet its needs with regard to the engineering services. If the agency reasonably determined that the award of a contract on a sole-source basis to Rolls-Royce is necessary for the engineering services, the agency should execute a properly reasoned and accurate J&A for the sole-source award, and properly synopsize its requirement. In addition, if, upon further review, it is the agency's position that it could develop data in 8 to 10 months that would be sufficient to permit the overhaul services to be competed among commercial vendors, and that based upon current information the agency will require overhaul services for the next 19 years, GAO recommended that it develop the data sufficient to permit the overhaul services to be competed, and then competitively procure the overhaul services.


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Home > Insights > 2020 > COVID19 > COVID-19 - NUMSA V SAA - The Death Knell to Successful Business Rescue?
COVID-19 - NUMSA V SAA - The Death Knell to Successful Business Rescue?
On Friday, 8 May 2020, the Labour Court upheld an urgent application by NUMSA and the SA Cabin Crew Association (the Unions) against South African Airways (SAA) and its business rescue practitioners (BRPs) and ordered that it was procedurally unfair to retrench employees before a business rescue plan contemplating such retrenchments was published and adopted.
It is by no means an overstatement that the effect of this judgment, if not urgently overturned on appeal, may render the majority of business rescues unlikely to succeed. At a time when it is reasonable to expect that many businesses may become financially distressed as we grapple with the impacts of Covid-19, this is another disruption-event to contend with that may inadvertently prejudice employees' rights rather than protect them.
Business rescue has, as its purpose, the recovery of financially distressed companies in a manner that balances the rights and interests of all stakeholders, being creditors, shareholders, employees and registered trade unions. Where it is impossible to return the company in business rescue to solvency, the secondary aim is to achieve a better return for stakeholders, including employees, than the immediate liquidation of the company would have yielded.
The future looks undeniably bleak for SAA. The SAA BRPs say that there are only two options left – a structured wind-down which will involve the termination of employment by agreement, or SAA's liquidation. To this end, the SAA BRPs issued notice to employees in terms of section 189(3) of the Labour Relations Act 66 of 1995 (the LRA) to consult and reach agreement on the retrenchment of all employees of SAA. At the conclusion of the consultative process it is envisaged that the SAA BRPs will have the right to retrench all of the employees.
The Unions argued that section 136(1)(b) of the Companies Act 71 of 2008 (the Companies Act) only empowers the SAA BRPs to commence with and effect retrenchments if such retrenchments were "contemplated in the company's business rescue plan". Since the SAA business rescue plan had not yet been published or adopted, any attempt to retrench employees was found to be in breach of section 136(1)(b) of the Companies Act.
The Labour Court considered the matter from the vantage point of the Constitutional right to fair labour practices, which is embodied in the LRA. The Labour Court reasoned that if there was an interpretation of section 136(1)(b) that better promotes the preservation of work security, then that interpretation ought to be preferred. Although this is a laudable ideal it is, in our view, wrong in law. The real question should be whether section 136(1)(b) could be interpreted in line with the LRA and if not, whether a limitation of the Constitutional protections were reasonable (an inquiry which the Labour Court did not make).
The Labour Court held that the Companies Act and section 136(1)(b) did not give the SAA BRPs the right to retrench employees before such retrenchments were contemplated in the business rescue plan.
The Labour Court's jurisdiction extended no further than to determine whether the intended retrenchments were procedurally unfair. Although there was some procedural wrangling during the SAA retrenchment consultation process (such as the Unions refusing to participate in virtual consultation meetings) this was not the basis of the complaint of procedural unfairness. The underlying legal issue was that, if the retrenchments were in breach of section 136(1)(b) of the Companies Act, then the SAA BRPs did not have the power to retrench, making their actions unlawful, which would consequently render the retrenchments procedurally unfair.
It was not considered by the Labour Court that per section 140(1)(a) of the Companies Act the SAA BRPs have full managerial control of SAA in substitution of its board of directors and pre-existing management, and this is in addition to any powers given to them under the Companies Act. As such, unless the Companies Act expressly provided to the contrary, the SAA BRPs could, just like the SAA board of directors, commence and implement retrenchments, provided that they comply with the LRA when doing so.
Why then would section 136(1)(b) prohibit retrenchments before a business rescue plan is adopted? In doing so, it would give employees more protection and better rights than they had before business rescue commenced. If one considers that neither creditors nor shareholders who are owed money when business rescue commences can enforce payment of their claims unless through the adopted business rescue plan, why should employees' rights be enhanced over the rights of other affected persons? Such an interpretation runs counter to the notion of balancing the rights of all affected persons in business rescue, which is ultimately the cornerstone of any successful business rescue process.
In our view, section 136(1)(b) does no more than to state the obvious. Since an adopted business rescue plan is binding on all affected persons (whether they voted for or against the plan or did not vote at all - the so called cram-down provisions in sections 152(4) and 154(2) of the Companies Act) section 136(1)(b) simply wanted to ensure that the adopted business rescue plan did not give the company the right to retrench employees without following the procedures set out in the LRA. In other words, it merely reaffirms and embeds the right to fair retrenchments and in this regard limits what the business rescue plan can achieve. It does not create a moratorium on retrenchments before the business rescue plan is published and adopted.
This is underscored by section 150 of the Companies Act, which sets out what information a business rescue plan must contain so that affected persons can decide whether or not to accept or reject the proposed business rescue plan. Section 150(2)(c)(ii) of the Companies Act provides specifically that the proposed business rescue plan must state the effect, if any, that the business rescue plan contemplates on the number of employees and their terms and conditions of employment (which could include possible retrenchments).
There was no intention in section 136(1)(b) to create a moratorium on retrenchments before the publication and adoption of the business rescue plan, but rather to ensure that the effect of an adopted business rescue plan does not give rise to any unfair or unlawful retrenchments.
When one considers that the ramifications of Covid-19 may cause many businesses to become financially distressed and that they may have to file for business rescue, this judgment then also puts many of those rescues at risk of failure. If for example a mine becomes distressed and commences business rescue, the complexity of mining operations and the need to secure capital or post commencement finance to restructure the business affairs of mines make it unrealistic to expect a business rescue plan to be published in 25 days from the date of the appointment of a BRP. If mines cannot operate in business rescue because of financial distress, very often their only option is to retrench some (if not all) employees, place the operations on care and maintenance and then develop a business rescue plan for its restructure and continued solvency.
It will in most cases be financially impossible for a company and the BRP to pay employees until a business rescue plan is published and adopted, exacerbated by the costs of paying such employees for the 60-day period of consultation which would only commence on the adoption of the business rescue plan. If this is not the death knell to successful business rescues, it is at the very least a significant complication to the development of a successful business rescue plan. The effect of this judgment is to strip the BRP of one of the options in the interim to preserve the viability of the business by reducing expenses, one such expense often being a bloated salary and wage bill (as was contended for in the case of SAA). It adds more pressure on the distressed business to produce commercially sound proposals to affected persons in a business rescue plan. It ignores and further undermines the statutory prescript of section 141(2) that if the BRP at any time determines that the company cannot be rescued, the BRP must apply for the liquidation of the company (a scenario in terms of which the business and any hope of future re-employment comes to an end). This judgment makes this more likely, not only for SAA, but also for other companies in business rescue and in doing so it undermines one of the fundamental tenets of business rescue.
The Labour Court also confirmed that nothing prevents a BRP from offering voluntary severance packages to avoid retrenchment before the business rescue plan is published. This does not make sense, because in the context of business rescue, the mere fact that voluntary severance packages have been offered (as an alternative to retrenchment) is indicative that retrenchments were already contemplated. It is difficult to comprehend that a voluntary severance package could be offered prior to the adoption of the business rescue plan, but a section 189 consultation process could not commence, as this interpretation by the Labour Court suggests. The Labour Court's interpretation of section 136(1)(b), as one of its unintentional consequences, may very well prejudice the rights of employees to participate in meaningful consultations with a view to finding alternatives to their retrenchment (as the delay in doing so, may overtake the available options).
In our opinion, this judgment unfortunately gets it wrong. Employees are still protected against unfair retrenchments but such protection does not equate to a moratorium against retrenchments until such time as the business rescue plan (expressly including retrenchments) is adopted.
Wessel Badenhorst and Chris Rey
Badenhorst is the Office Managing partner of Hogan Lovells and specialises in mining law and mining restructuring
Rey is an Experienced Business Rescue Practitioner at BDO Business Restructuring
Hans Klopper
Head of Business Restructuring