text:
WALSH v. SCHLECHT
- 1970-1979
Legal provision: Labor-Management Relations
Argument of Carl R. Neil
Chief Justice Warren E. Burger: We'll hear at arguments first this morning in 75-906, Walsh v. Schlecht.
Mr. Neil, you may proceed whenever you are ready.
Mr. Carl R. Neil: Mr. Chief Justice and may it please the Court.
This case involves interpretation and application of Section 302 of the Labor Management Relations Act, 1947 as amended, popularly known as Taft-Hartley Act, in the context of payments to trust required by the terms of a subcontractor's clause in a Collective Bargaining Agreement.
This Court has asked to review a decision of the Supreme Court of Oregon rejecting petitioner's defense that the subcontractor's clause conflicts with the requirements of Section 302 (c) (5).
The question on which petitioners sought certiorari, which was briefed, and decided among other questions by the Supreme Court of Oregon, is what are the subcontractor's clause and requiring a signatory employer to make trust contributions on behalf of or for the benefit of employees of a non-signatory subcontractor violates the 302 (c) (5) requirements.
The trust agreements must benefit only employees of contributing employers.
It is apparently conceded by Respondents in this Court -- I read their brief so to concede him pleasantly, that the subcontractor's clause less construed that is to require contributions for the benefit over on behalf of subcontractor's employees would violate Section 302 (c) (5).
Instead, Respondent's brief as I read it, raised three arguments, which were not made below and which now apparently are the questions to be decided by this Court.
I except this, these are valid -- I don't read a valid arguments but I think they are validly raised by the Respondents.
His questions are (1) they now seek to have an interpretation of Article IV of the Collective Bargaining Agreement, the subcontractor's clause different than that made by the Court below as I read the opinion of the Court below.
They say that the clause should be read to merely measure contributions to the trust by the hours of work of the non-signatory subcontractor's employees and not to require contributions for their benefit or on their behalf.
That is the first argument they make.
The second is that two of trusts, the apprenticeship trust and the vacation trust are 302 (c) (6) trust in purpose and therefore not subsidiary requirements of 302 (c) (5) concerning beneficiaries.
Third, they say that one of the trusts CIAF or Construction Industry Advancement Fund trust is not 302 Trust at all.
Petitioner, we submit, is entitled to prevail on all of these issues as well as on the original issue.
The facts giving rise this is controversy, are these?
Chief Justice Warren E. Burger: Mr. Neil, before you go in, if they are right on the first argument, that's the end of the whole case.
Mr. Carl R. Neil: I believe that's right, Your Honor.
Unknown Speaker: Is that a federal question and all the construction of Article IV or is that a matter for the Supreme Court of Oregon.
Mr. Carl R. Neil: No, as I will, if you might advantage argument, it's a matter of Supreme Court of Oregon but I don't think it is, I think it is a federal question, I think since Lincoln Mills of Alabama that the construction of Collective Bargaining Agreements in interstate Congress has been a matter of Federal Law.
This Court might well respect the interpretation of the Supreme Court of Oregon, but I do not think it binding on this Court.
The petitioner, Mr. Walsh, is a builder of multiple family housing in Portland.
He formed a limited partnership of which he became the general partner to build and operate a 56 unit apartment project in Salem, Oregon known as Oak Hill.
This project was HUD supported, federally financed and therefore by agreements required by HUD the contractor and his subcontractor's was required to adhere to the provision of the Davis-Bacon Act, principally requirement of paying prevailing wages including fringe benefits either to workmen on a job or in to trust.
The limited partnership subcontracted, the carpentry framing work to a non-union subcontractor, Lloyd Jackson.
Walsh, of course and it was bound by the terms of a Collective Bargaining Agreement with a carpenters union that had the subcontractor's clause in it.
In addition to requiring Walsh to pay if he hired his own carpenters, a total of 96 cents per hour into these five trust.
The subcontractor's clause is quoted at pages 5-6 in our brief and elsewhere in the briefs and it says in general that Walsh has a signatory agreement, shall either hire and retain only union subcontractors or if he fails to do so -- and these are the crucial words, he shall "be liable for payment of these employees, wages, travel and then it goes on the list, contributions to these five trusts".
During the construction, the carpenters union find out a course that there was a non-union sub on the job and protested that Mr. Walsh who said that he was bound by the terms of the subcontract that he could not discharge the non-union subcontractor.
Mr. Walsh, the record shows, did cooperate in arranging for the non-union sub to meet with the union people and to negotiate as to whether they could be organized.
That was unsuccessful but it is agreed in the record that Mr. Walsh was cooperative in that respect.
Unknown Speaker: How does that effect to the central (Inaudible).
Mr. Carl R. Neil: Well, I am trying to make the point, Your Honor, I guess that my client is not hostile to unions.
He insists on his rights under this clause but I think that his evidence says that he is not unfriendly toward unions.
It is stipulated that the subcontractor paid his man directly, Jackson, a non-union subcontractor, paid his man directly, the 96 cents per hour, amounting fringe benefits, that is an amount equal to the trust contributions which would have been required if a union subcontractor had been employed.
The Oak Hill project was…
Unknown Speaker: Was that part of their original employment?
Was that under their original employment or did that come about after the union raised?
Mr. Carl R. Neil: No, I see your question as a good question.
No, this was paid from the outside; the subcontractor was made aware at the beginning that this was a Davis-Bacon Act job.
There are forms in evidence for his payroll and right on the form it says, are you paying the fringes directly your man, are you paying them to a trust?
He checked directly to his men and it stipulated that he did so.
The Oak Hill project was completed in November of 1971 and year later these suits were brought to seeking payment to the trust by Walsh, of the same amounts that the subcontractor had previously paid into the trust, So, we say in effect a double payment or a second payment of the same benefits or he paid to already Jackson's men is being required from, I think principal contractor, Walsh.
Unknown Speaker: Mr. Neil, I may have misunderstood what you said, you said double payment to the trust.
Mr. Carl R. Neil: No, we say a double payment has been required in effect by the contractors.
Unknown Speaker: I see! The first payment is to the employee.
Mr. Carl R. Neil: Yeah, the contractor had to pay a fixed price to the sub, Jackson before to work, obviously, from which Jackson paid his men the 96 cents among other things.
So, when Walsh is required to pay this in order to trust that he has already paid the fixed price including the fringes once, now you have to pay them a second.
Unknown Speaker: Can you say that's a violation of the statute?
Mr. Carl R. Neil: No, I do not think that's the violation of the statute.
Unknown Speaker: What is the question?
Mr. Carl R. Neil: The violation question is if we construe an Article IV of the subcontractor's clause correctly to require contributions by Walsh for the benefit of or on behalf of the subcontractor's employees.
We say this violates Section 302 (c) (5), the requirement that benefits paid out of those trusts under 302, only for the benefit of employees, of the contributing employer or of other contributing employers.
Jackson is not one.
Unknown Speaker: Well, but there are no benefits being paid down to the subs employee.
Mr. Carl R. Neil: That's true, but three of two deals not only…
Unknown Speaker: Well, they aren't beneficiaries of the trust.
Mr. Carl R. Neil: So, they how say.
Unknown Speaker: Well, are they legal or not.
Mr. Carl R. Neil: No, I do not think they are not legal beneficiaries.
Unknown Speaker: Well, how has the statute violated?
Mr. Carl R. Neil: The statute is violated because three or two prohibits either paying on agreement to pay.
Unknown Speaker: Well, is there agreement to pay.
Mr. Carl R. Neil: Article IV, we say, is an agreement requiring Walsh to make contributions to the trust for the benefit of and we say we'd follow –- it is an agreement that these men should be pay these benefits.
Strongest case Your Honor, is the vacation trust in that respect.
The testimony in the record is that the vacation trust operates as in and out payment, the employer pays into the trust the money for the vacation pay and that sum is paid to the workmen for whose benefit it is paid plus any earnings, their pro rata share of any earnings on the sum paid into the trust.
Unknown Speaker: Well, but did the employees at the sub get paid out of the vacation trust?
Mr. Carl R. Neil: There is no evidence if they did, Your Honor.
Unknown Speaker: But you contend under the agreement that they will be?
Mr. Carl R. Neil: I contend it under Article IV that that is the intention -- I would conceive that the trust agreements themselves, which you will see on much more carefully drawn documents than the collective bargaining agreement.
Our intended probably to restrict in the beneficiaries to contributing employers with one exception.
It says in Article VIII of the principal agreements that, although the rights of the beneficiaries and everyone else of these trusts are defined or as defined in the trust agreements, their terms are subject to the Collective Bargaining Agreement.
So, it leaves open it seems to me individual Collective Bargaining Agreements to vary the terms of the trust and we contend that's exactly what happened by Article IV of the subcontractor's clause.
We think in effect that the union got carried away probably in Article IV and penalizing and I agree that the penalizing employer, in and of itself, is not unlawful, but we think the union probably got carried away in drafting Article IV and in a penally way that they would not cognizant of the requirements of Section 302 (c) (5).
We say that our interpretation of Article IV that is…
Unknown Speaker: Let's assume an Article IV was perfectly clear that the employer would be required to pay under the trust an amount of money measured by not only his all employees but the subs employees even if the sub was not organized, the union are not 11.12 and let's assume that they expressly say that this is an order to encourage contractors to employee union subcontractors and so it's perfectly clear the intention was to making pay twice if they use a non-union, is that probably the statute?
Mr. Carl R. Neil: No, but not Your Honor, though your positing agreement of the type of Kreindler, of Budget Dress, of Greenstein all of which was cited by the other side and involved contracts in the garment industry would said exactly that.
Unknown Speaker: The question is of course I suppose whether that kind of a payment is an authorized payment by an employer on behalf of the union.
Mr. Carl R. Neil: Yes, I think it is.
Unknown Speaker: Do you think that employer would authorize that kind of the double payment.
Mr. Carl R. Neil: Well, I know it authorize it but I don't think it prohibits it.
Unknown Speaker: It is a forbidden one, it is a provision statement on the behalf of the union.
Mr. Carl R. Neil: So, these three cases held and I haven't challenged those, because the requirement that we are proceeding on, says you may not require payments to a trust for the benefit of people other than employees of contributing employers.
Unknown Speaker: And it is clear from what you have said before that you think the employees, these employees, can never get any benefit.
Mr. Carl R. Neil: It is not true, they can never get any benefit.
If they in the future would become -- well, I won't say in the future, if they, in the past, had worked for a contributing employer, a signatory employer, they could have qualified as the employee of a contributing employer by past employment for a signatory employer, therefore, contributions made by Walsh here for those employees, even though their present employment is by a non-signatory employer might not be unlawful under 302 (c) (5) and that point is 13.17 on in the brief of Respondents.
However, there is no evidence in this record that these employees ever did work for any signatory employer prior to this.
Respondent say well people in the construction industry move around from employer to employer, from job to job, that's quite true but it is rare, I submit that people in the construction industry move from union employers to non-union employers and vice versa.
There are either one or the other here in this industry, you're workman in union membership or you're workman for a non-union employer.
I submit it to be very unlikely, you will know the record does not speak to this that these workmen objects and whatever have been employees of the union employer prior this time, it's conceivable but unlike this.
Unknown Speaker: On the theory of the Section 4 of the contract that this was for the benefit of the employees, do you think the employees could maintain action and equity to impress that money with the constructive trust?
Mr. Carl R. Neil: Possibly, it's clear that they could not maintain an action against the trust or trust benefits, that's what Moglia out of the Second Circuit holds that and in the old legal payment to the trust does not create a right of the beneficiary or intended beneficiary to sue the trust for benefits.
So, probably the answer to your question, Mr. Chief Justice, no because these employees in this case already received payment of these benefits.
So, if they were to do that, they would in effect missing a double payment.
The correct procedure I would think is that we're following which is to setup a defense to the contributions when sued for or possibly, we can sue against the back if we had pay them.
Unknown Speaker: Well, that sued would be under Oregon Law presumably the hypothetical case I suggested, but if the Supreme Court of Oregon had no difficulty assessing in effect determining the double payments where appropriate, is there anything in the law of the equity doctrine of Oregon that would preclude having the employees get double benefit.
Mr. Carl R. Neil: Fairly not because Oregon ruled on a matter of equitable law in this case and rejected our arguments along those lines.
The rationale of the Oregon of Supreme Court's opinion is that it does not accept the Moglia case, at least as I read it.
It is saying that even though you accept our construction of Article IV, that is that the contributions are required for the benefit of Jackson's employees, that does not violate 302 (c) (5).
Unknown Speaker: Moglia is very distinguished belong this facts.
Mr. Carl R. Neil: Moglia is not factually in point.
Unknown Speaker: Then the employer didn't sign the agreement.
Mr. Carl R. Neil: It is the rationale of Moglia, I think that we feel it's applicable to this case, Your Honor.
Well, in any event, the Oregon Supreme Court seemed to think that the language of Moglia on which we rely, it was not to be followed.
Unknown Speaker: This is multi-employer bargaining unit?
Mr. Carl R. Neil: The bargaining unit is the petitioner is not a member of that multi-employer association.
He has signed a memorandum agreement, which binds him to observe the multi-employer agreement.
Unknown Speaker: Is he the multi-employer agreement otherwise fairly general in the market.
Mr. Carl R. Neil: I don't understand your question.
Unknown Speaker: Well, is that cover most of the contractors.
Mr. Carl R. Neil: Oh, I see.
Yes, it covers, I would say all of the union contractors in the area, how many non-union contractors?
Unknown Speaker: Because in effect it's an agreement -- whoever signed the multi-employer agreement and whoever agreed on the side to observe it, the general agreement in effect it will employ only unionized subcontractors?
Mr. Carl R. Neil: Yes.
Unknown Speaker: Or at least, these are going to cost you.
Mr. Carl R. Neil: That's the way it works.
Unknown Speaker: I must confess, I don't understand the relevance of Moglia at all because that case, as I remember, just dealt with whether or not the employees can receive benefits in having to do with contribution, did it.
Mr. Carl R. Neil: Well, the rationale of the Court in Moglia says that the laid down principle which we quote in our briefs that one of the reasons they say why the person seeking pension and as I recall it, cannot obtain one is because his or her employer never paid into the trust at all -- or excuse me, did pay into the trust but under without a written agreement.
Therefore, the contributions into the trust were illegal and therefore had to be put to one side and the Court goes on to make statements to the effect that only employees of employers who were lawfully contributing to the trust may obtain benefits.
So, it seems to me the rationale relied on by Moglia is applicable.
Unknown Speaker: Well, that means that the employees of the subcontract in this case could not legally obtain benefits from this trust, that's what that said.
Mr. Carl R. Neil: I agree, that's true and I think…
Unknown Speaker: If that's true, then as a matter of law that seemed to follow that the contributions could not have been for their benefit, it seems to me defeats your position.
Mr. Carl R. Neil: Well, it does not seem to me that way, Your Honor, because 3 or 2 (c) prohibits agreements to make illegal contributions as well as illegal contributions.
It does not just prohibit trusts that violate the statute, it also prohibits any kind of agreement to make an illegal payment or to make requiring an illegal contribution.
Unknown Speaker: But the legality of the payment turns on for whose benefit it is and by the matter of law under Moglia, it cannot be for the benefit of the employees of the sub as I think.
Mr. Carl R. Neil: But the testimony indicates, Your Honor, I submit that that isn't what the parties thought, but that the people who enforced this agreement on a day-to-day basis thought that these subcontracts employees could benefit and they thought that they were announcing a principle that non-union people aren't disqualified by that matter of fact from being beneficiaries and that is true.
But I don't think that that conclusion falls at all because it seems to me that there was every attempt in the Lower Court and the evidence to make these people beneficiaries.
Unknown Speaker: Does the record tell us whether the general ever had any employees for whom if may contribute?
Mr. Carl R. Neil: It does not but I would concede that he has had, at times, employees for which he must make contributions.
He didn't happen to have it at the time of his job, the subcontractor's -- and other times he has that.
I would like to reserve rest of my time, Mr. Chief Justice for rebuttal.
Chief Justice Warren E. Burger: Mr. Bailey.
Argument of Paul T. Bailey
Mr. Paul T. Bailey: Mr. Chief Justice and may it please the Court.
We are here representing these trust funds and here as contrasted to reference to unions from time to time because these are jointly administered trusts funds, four of them are and in that respect, they refer to the Health and Welfare and pension, apprenticeship and vacation.
The fifth fund, this Construction Industry Advancement Fund is an employer administered fund, part of the employer trustdeed and, therefore, it should not be used in connection with three or two at all, it is not a Taft-Hartley Fund.
So, referenced to that should not be a referenced to the other funds, which are jointly administered.
These trustees are authorized and directed both by the trust agreement now by Federal Law to enforce the trust agreements before its collections and contributions that are provided for in those trust agreements and that's what this action was initiated for.
There are really not a great deal of difference contravention of what counsel for petitioner has stated here, particularly, in the view of the law because we do agree that if these trust agreements do permit contributions to be received for the benefit of a non-signatory employers/employees but that would violate the 302 provisions of (c) (5).
Unknown Speaker: Were these payments for the exclusive benefit of employees of such employer?
Mr. Paul T. Bailey: Yes, I say that…
Unknown Speaker: Can you spell that out for me, will you?
Mr. Paul T. Bailey: The contract that is spelled out in the Labor Agreement establishes the trust agreements in each of these instances and that set up in the working agreement.
In the trust agreement themselves, they were very careful in the drafting of it to provide that they do particularly, do precisely what the act and the laws says, they should do.
Article II of, first speaking of the Health and Welfare, which is in plaintiff's Exhibit IV and recited in our brief, that section provides that the purpose of the Health and Welfare contributions in the funds established there, shall be for the benefit of employees, of the individual employers, and it goes on to say sort of things.
Definition of employee is spelled out in Article I of the agreement.
Article I of each of these agreements provide that the employee, whether union or non-union, is defined of any employee, whether union or non-union, of an individual employer and then he goes forward to say what's an individual employer by definition.
That set out in Article I, Section 5 of the trust agreement.
There, it provides that the employer – it defines an individual employer, as employer who is required by the Collective Bargaining Agreement to make contributions to the fund.
Now, in the face of that, that's precisely what we say that the act also requires that the contributions coming in must be used for the benefit of employees of the contributing employer.
If there is testimony in this record, contrary to that or if somebody attempts to do contrary to that.
They also both violate the law; they also violate the trust find.
Unknown Speaker: What do you find the obligation to -- what promise are you enforcing here?
Mr. Paul T. Bailey: Promise?
If I understand your question, Mr. Justice White.
Unknown Speaker: Why you are suing for contributions?
Mr. Paul T. Bailey: Yes, we are suing for contributions.
Unknown Speaker: where do you find the promise to pay?
Mr. Paul T. Bailey: The promise to pay is set forth initially in the working agreement and it is spelled out in the working agreement particularly and that is also contained in plaintiff's Exhibit IV in this record.
Unknown Speaker: But it is not in the trust agreement.
Mr. Paul T. Bailey: No, it is a separate document.
Unknown Speaker: Does agreement just tells you what to do with the funds 23.18.
Mr. Paul T. Bailey: Right, correct.
Unknown Speaker: And it also requires you to sue for whatever payments that are due to the fund.
Now, so where is the promise?
Mr. Paul T. Bailey: The promise comes from the working agreement and the working agreement...
Unknown Speaker: Collective Bargaining Agreement?
Mr. Paul T. Bailey: Collective Bargaining Agreement, right.
The Collective Bargaining Agreement spells out frankly in the Articles 17, 18, 19, 20 and 21 as for each of the five trusts, precisely that the trusts will be established.
It also spell out that the contributing employer shall pay certain specific sums of money to each of these trusts.
Now, in order to…
Unknown Speaker: Then it require the employer that you are suing here to say (Inaudible) to measured by the number of employees that he has any subcontractors.
Mr. Paul T. Bailey: Well, the employees precisely, it's on the hours that each of these employees work and if he happens to subcontract the way that those hours to some employer, who is not also a signatory, then the employer, in this case Walsh, the petitioner, is also agreed there that he will contribute in order to maintain the integrity of that fund and he will contribute a sum that would equal, the amount that he would have paid had they been his employees.
Unknown Speaker: And even though, the sum he is paying that his contribution make it by will never benefit.
Mr. Paul T. Bailey: That's what the law says.
We did not say that, Congress established that so...
Unknown Speaker: Well, I know but that the fact is that you are requiring those payments even though they would not be necessary to maintain the integrity of the fund because the people, those particular employees will never benefit.
Mr. Paul T. Bailey: Well, I would not say that he can never benefit, he could not benefit, we state that they could not benefit from the particular contribution made at that time, as counsel stated, Your Honor, in earlier question from the Court that if these employees are eligible, employers are contributing, employers either before or after this period that would not by working for a non-contributing employer here does not qualify.
Unknown Speaker: But the fact is, you are suing for some fund to go into the trust that can never be -- right now anyway, cannot benefits the employees by whose hours they are measured.
Mr. Paul T. Bailey: Yes, I think that's correct.
I think we are also in certain instances these trust funds sue employers for moneys that are in excess of as an example, the benefit schedule has established.
Unknown Speaker: So, they are really not for the benefits.
They are really not necessary thing to maintain the integrity of the fund.
Mr. Paul T. Bailey: The actuarial determination of the trust, Mr. Justice Brennan.
Unknown Speaker: Because those are the some people but whose hours measure these contribution just can never benefit.
Mr. Paul T. Bailey: Well, we have pointed out.
Unknown Speaker: Wasn't that true or not?
Mr. Paul T. Bailey: Well, I don't say that this is true on the basis that the…
Unknown Speaker: Do you deny it's true?
Mr. Paul T. Bailey: Well I say, Mr. Justice, that the basis of the actuarial determinations of these funds is premised upon the dollars paid then that goes specifically to benefits.
They also are actuarial determinations on the amount of overfull.
That's the money that comes in over the amounts necessary to pay for contribution, and some of these people never been had at all.
Unknown Speaker: What you are saying then is this you have to sue to collect on behalf of monies or wages paid to some employees, who can, themselves, never benefit in order to make the fund actuarially assigned sound for those employees who can benefit.
Mr. Paul T. Bailey: That's correct.
Unknown Speaker: Just a small point, Mr. Bailey with strictly speaking, the trustees brought suit as third party beneficiaries of the labor contract, is that correct?
Mr. Paul T. Bailey: That's correct and that's their obligation on both the trust funds he said and also recent.
We are submitting that and argue that the defense raised by petitioner herein unless the defense that he raised initially below, but also he is arguing that the language of Article IV of the trust agreement has to be determined to be on behalf of or for the benefits of these people.
We think that strains it, we think that certainly attempts to modify the trust agreement which in itself provides that the money is coming into the trust shall be used only for the benefit of individual employees who are signed up.
We ask and he has used the phraseology in his briefing, petitioner has, we ask that if a person was going to look for benefits, one of these funds, he must really look to the trust agreements and not to the working agreement, because the working agreement only spells out what monies will go into the trust.
We submit that the trust agreement in and of itself is an agreement that is legal, complies with the statute that there is no record, no evidence and no proof shown by petitioner whose obligation it is to make that showing here that any employee has received benefits in violation of the law or the trust agreement.
Unknown Speaker: Mr. Bailey, do you think that the construction of the trust agreement is a matter of State Law or Federal Law.
Mr. Paul T. Bailey: Well, I would assume that because it is a document drafted in state law, it would be matter of construction of state law unless there is a federal question that could properly operate on it.
Here we think the construction of -- now, that's where we think we are down to, we are not disagreeing with petitioner on the law of the case and that's the 302 law, but we do say the construction of that particular paragraph or that particular contract is a matter of state law.
Unknown Speaker: And the Oregon Supreme Court has construed it?
Mr. Paul T. Bailey: Yes, that's what they say.
A comment that I would make; additional comment if I may--
Unknown Speaker: There would be questions in that if the contract violated Section 302 then it would involve, would you?
Mr. Paul T. Bailey: I would have to agree with that that is that's the connotation given to it.
We submit that it's a strained effort that the petitioner is making here to say that Article IV does provide for benefits.
We think…
Unknown Speaker: Are there decisions in this court that say that the construction of collective bargaining agreement in this kind of a lawsuit is a matter of a federal law; Lucas Flower and Dowd Box and some of those?
Mr. Paul T. Bailey: Well, it could well be that there is some aspect of it.
Here we are talking about the construction of this statute.
Unknown Speaker: I would know -- yes, we were talking about the construction of collective bargaining agreement.
It was a question as I understood.
Mr. Paul T. Bailey: Well, more specifically, we are talking about the construction of the trust agreement.
Unknown Speaker: Mr. Bailey, you are doing on a promise within a collective bargaining agreement not a trust fund.
Mr. Paul T. Bailey: That's correct but the defense that has been raised through our suit on a promise is the defense that these are contributions that would benefit people who are…
Unknown Speaker: The question is whether the CA2, the comment in the collective bargaining agreement is not possible.
Unknown Speaker: Which in-turn turns on whether they are beneficiaries within the meaning of the trust agreement.
Mr. Paul T. Bailey: That's correct.
Unknown Speaker: So, all of them lead to the construction question is one of the trust instrument rather than a collective bargaining agreement.
Mr. Paul T. Bailey: That's what we have maintained all the way, that you have to go to the trust agreement to find what benefits--
Unknown Speaker: Here the petitioner's claim is that they attempted, they agreed to make contribution on behalf of employees of an employer who would not making a contribution.
Mr. Paul T. Bailey: Alright, may I address myself?
Unknown Speaker: That's his claim.
Mr. Paul T. Bailey: Yes, that's his claim and that's what…
Unknown Speaker: That's what the question about the construing that collective bargaining agreement.
Mr. Paul T. Bailey: I understand that, yes.
But to reach that and to make that convention, petitioner has to – and we think the wrongfully has to act or use the language of 302(c)(6) as encompassing 302(c)(5) of the act.
The act itself spells out that under 302(c)(5) it must for the exclusive benefit of contributing employer's employees.
When the Congress enacted amendment by 302(c)(6) and added such things as vacation, apprenticeship, things of that nature which are involved here and did spell out in 302(c)(6) that the provisions of 302(5)(b) would likewise be the ones that would apply and that's the provisions that sets up the trust agreement program.
It did not specifically sort out the requirement that it be for the exclusive benefit of the employees.
Additionally, when counsel in his or when petitioner has referred to that all five funds should be treated the same and using the language of Article IV to say so, he is saying there that the construction industry advancement fund is also one that goes to the benefit of employees.
What we say that that's a strained interpretation of Article IV to get to that point.
Basically there are no specific benefits to employees at all in the apprenticeship and training; nor are there any benefits that go to anybody in the construction industry advancement fund.
Both of those could not be for the benefit of any of these employees.
Thus, he has to strain the language in order to reach the result that he is urging that the language in Article IV does say what he says, isn't that this is for the benefit of employees.
Unknown Speaker: If there were no Article IV in that collective bargaining contract, there would not be any case here, was there?
Mr. Paul T. Bailey: That's great.
Unknown Speaker: Well, then the genesis of everything in this case springs from a collective bargaining agreement.
Mr. Paul T. Bailey: That's right, we are suing on that and we are saying that in the fact that his defense has to rest on the fact that the benefit payments for employees would benefit employees of a non-contributor and we both agree that that is unlawful at least as far is the 302(c)(5) says.
Unknown Speaker: Neither the general contractor or the subcontractor were in privity with the trust agreement in anyway, were they?
Mr. Paul T. Bailey: They over this way because in the agreement that the general contractor, Walsh, who are the petitioner executed he agreed to adopt the terms of the trust agreement as a part of his agreement.
So, he did adopt that.
Now, the subcontractor was no signatory at all, so he did not.
We state that basically this whole case has drop down to one or what are the words for these employee's contributions mean.
That's the language of the Article IV and we think that it does not, we submit that it does not mean what they petitioner has indicated here or urged on this court or in the court below, because we do spell out here that it could not mean that particularly when you get down to apprenticeship and the CIAF funds.
Justice Potter Stewart: Well, do you agree, Mr. Bailey that the Oregon Supreme Court construed and interpreted the meaning in the way suggested by Mr. Neil and nonetheless decided in your favor.
As I understand it now, you are submitting us that if that construction is correct than it's near legal payment.
Mr. Paul T. Bailey: If that does say that but we say that it does but let go back to answer your question, Mr. Justice Stewart that the Oregon Supreme Court in its opinion spelled out that first of the urging before that Oregon Supreme Court was mostly Moglia and the teachings of Moglia and that of the urging there was that Moglia says that you have to have an agreement in writing before you could have benefits.
The Oregon Supreme Court except for Moglia does not apply here, because Walsh does have an agreement therefore it could not operate.
Then they came on this petition here saying that, well look because these people cannot benefit and there is an indication that they might benefit then it's in violation Article IV and violation of 302.
We say that the trust agreement, which is the way that you determine how you are going to have benefit, that trust agreement precludes that interpretation.
Justice Potter Stewart: But the Oregon Supreme Court seems to interpret the documents here as well the employees of the sub were beneficiaries of the trust agreement.
Mr. Paul T. Bailey: Well, if you use the words -- well I am not totally in agreement with it because the Oregon...
Justice Potter Stewart: Well, it's all not that clear and I just wanted...
Mr. Paul T. Bailey: Right, correct.
It's not that clear because the Oregon Court said that they did not really have to reach that because in the teachings of the Kreindler v. Clarise case and the Budget Dress that an agreement that provided that the contractor signed an agreement to pay for his own employees plus contract employees under certain circumstances was alright because --
Justice Potter Stewart: As you will agree now, as I understand you, can you tell me about, misunderstand you that you would agree that the Oregon Supreme Court did have to reach that and that indeed is the dispositive issue in this case, isn't it?
Whether or not the employees of the sub were beneficiaries of the trust agreement?
Unknown Speaker: I don't think the Oregon Supreme Court they actually reach that.
Justice Potter Stewart: But isn't that the dispositive issue?
Mr. Paul T. Bailey: That is the dispositive issue.
Justice Potter Stewart: You and your brother agree on that as I understand and you agree as to what the law is as I understand.
You differ only as to what the precise situation is in this case, isn't it that?
Mr. Paul T. Bailey: Right and that there is no showing that there has been anybody that has not been entitled to receive benefits whosoever received it.
Unknown Speaker: My brother Stewart asked you, if the proclaim on the face of this (Inaudible) that the employer and the union actually agreed and intended to have these payment made for the benefit of a nonunion subcontractor, as I have understanding to your answer that that would be a new legal contract.
Mr. Paul T. Bailey: That portion would be -- I would agree with that.
Unknown Speaker: You would assert you will also agree, I take it, but basically you are dealing with a prohibition that is across the border and then there are exceptions to it and I would presume the burden is on he wants to bring himself within an exception.
Mr. Paul T. Bailey: That's what we say that he has to show that we actually did payout; the trust actually payout some money to somebody to --
Unknown Speaker: No, no, no I think it's the other one.
Unknown Speaker: The agreement.
What's the construction of the collective bargaining agreement?
If the parties have said it in so many words we -- I have a contractor terms to pay on behalf of and for the benefit of the employees of nonunion subcontractor certain amounts of money.
I think if you agree that would be a new legal term?
Mr. Paul T. Bailey: Yes, you said that right.
Unknown Speaker: Do you conceive that the basic language of 302 is not here.
That it was a payment to a representative of any of his employees.
Mr. Paul T. Bailey: Well, we can see certainly that the trusts are such representatives because they are established as a Taft-Hartley trust, except that, except that —
Unknown Speaker: Then you have to bring in yourself within one of your exception, don't you?
Mr. Paul T. Bailey: Well, I am saying I wanted to qualify my answer to qualification is that of course the CIAF is not such a Taft-Hartley trust.
Unknown Speaker: It is one out of the five, the industry advancement trust.
Mr. Paul T. Bailey: Now, to bring ourselves within in the exceptions, the exceptions, of course, rather that the trust fund and we are talking about the exceptions of (c)(5) that the trust funds must be such that they do not make contributions or benefits to persons other than the employees of the contributing player.
Unknown Speaker: And traditional statutory constructions as of the burden would be on you to bring yourself within the exemption, is it not?
Mr. Paul T. Bailey: Well, council has never challenged the validity of the trust fund and no time has he done that.
There has never been any challenge to whether these trust funds are unlawful.
Unknown Speaker: Mr. Bailey, may I ask you a question?
Mr. Paul T. Bailey: Yes sir.
Unknown Speaker: First of all, is the entire trust agreement in the record?
Mr. Paul T. Bailey: Each of the trust agreements are in the record, yes.
Unknown Speaker: And is it correct that an employee in order to be entitled to benefits must work a certain number of years or something like that is their periods that must elapsed before his rights vest.
Mr. Paul T. Bailey: That's on the pension.
Unknown Speaker: On the pension?
Mr. Paul T. Bailey: Right, on the pension he must have 12 credits and that means 12 years of employment to have certain hours per year.
Unknown Speaker: So, with respect to such an employee there might be contributions made for him for five years and then he might decide to get out of carpentry and go into some other industry, he would never be a beneficiary of that trust then.
Mr. Paul T. Bailey: That's correct.
Unknown Speaker: Is that also true of say the other trust?
Mr. Paul T. Bailey: The health and welfare runs on a shorter period of time and that runs on a quarter saying that you receive the credit of 250 hours in a period of three months.
Unknown Speaker: And such a man could perhaps work 200 hours and contributions be made on account of those 200 hours, but he never get any benefit from that?
Mr. Paul T. Bailey: That's correct.
Unknown Speaker: Now, is that same principle applicable to all of the trust?
Mr. Paul T. Bailey: The balance of the trust is on the vacation for those who are eligible of it.
The dollars that come in on the vacation are allocable to an individual and they are also added to by earnings of trust and the disposition is made on pro rata base based upon the amount of money that comes in.
Unknown Speaker: But is there immediate investing in the vacation cost as soon as the man works for few hours?
Mr. Paul T. Bailey: If he is an employee.
Unknown Speaker: If he is a covered employee.
Mr. Paul T. Bailey: Right.
It need to be vest.
Now, as you wanted the other two trust you asked about.
On the apprenticeship and training, of course, there is no benefit that applies to an employee because the employee himself is working.
See, he is a contract I mean he is a journeyman and he is on the job, so he is not taking --
Unknown Speaker: So, the beneficiary is somebody entirely different.
Mr. Paul T. Bailey: He is not around and on the construction industry advancement there are no beneficiaries of that except the general public or what you will because it promotes the industry.
Unknown Speaker: Let me ask one other question, I am sure you would not mind.
Assume that there were an employee of the general contractor in the past.
He had been in the union perhaps took a withdrawal card and was not working for the general during the period involved in this lawsuit and but he worked for the sub; the nonunion sub and later he got back into the union.
I take that he would not get credit or vesting for the period he worked for the nonunion employer.
Mr. Paul T. Bailey: Alright, he would not get credit for that period because those funds do not attach themselves to other than employee of a private employer.
Unknown Speaker: I once attended the Oregon, is it Oregon.
Mr. Paul T. Bailey: Yes, I am sorry.
Unknown Speaker: The Oregon Supreme Court describes that contract that in this case the requirement of the written contract was satisfied and that the defendant admit he had a written contract with the union, which requires that he make contributions to his trust funds for his own employee and also specifically provided if he had engaged with some subcontractor, if he do any work covered by the agreement, he would be liable for payments into the various trust funds for the employees subcontractor?
Mr. Paul T. Bailey: Yes, that's what it says.
Unknown Speaker: Now, is that an interpretation of the contract that they were agreeing to make payments on behalf of and for the benefit of the employees of any subcontracts?
Mr. Paul T. Bailey: I of course, cannot say precisely what the Supreme Court of Oregon had in its mind.
Unknown Speaker: Considered any other way, it sound like that way if there is any other way?
Mr. Paul T. Bailey: Yes, it uses the word for but if it was applicable to the facts.
Unknown Speaker: What is for me?
Mr. Paul T. Bailey: Well, it could be for the hours that these employees work and that's generally what the reference means because the word for these employees under Article IV could not apply to benefits for those people who we just demonstrated for the apprenticeship and the vacation over the CIAF.
Unknown Speaker: Do you really think that these people knew what they were doing; they were not taking any legal contract?
Mr. Paul T. Bailey: That's what I was saying is that the intent of the labor agreement was to produce money, produce money to support the trust funds.
The intent and purpose of the trust funds is to say what to do with that money, and that's what we are saying is that you have to look.
If you are going to get benefits, you have to look to the trust fund for that purpose.
That the only real purpose of the contract, the labor agreement was to supply the money and that was the method in which it was supplied.
I am closing by state that we emphasize that there was despite any testimony otherwise and that any testimony on this record has the contravention of the requirements of the both the law and the trust agreements.
There are no circumstances.
It must comply with the law, and that there is no proof in this record that any individual has received any benefits who was not entitled to them under the law and we think that that was the matter of proof that the petitioner had to make and we say that the decision of the Oregon Supreme Court should differ.
Chief Justice Warren E. Burger: Thank you Mr. Bailey.
Mr. Neil, do you have anything further?
Rebuttal of Carl R. Neil
Mr. Carl R. Neil: I have two or three points, Mr. Chief Justice.
Mr. Justice White extracted the concession from counsel that the payments required under counsel's theory to case for a nonunion signatory employees are not necessary to the integrity of the trust fund.
That's an important point I think because our argument is made otherwise in the brief of respondents.
There is no evidence in this record of any actuarial assumptions of any of the trust funds.
Furthermore the tax on pensions and pension planning cited by respondents do not disclose that any such actuarial assumptions are made.
There are a lot of actuarial assumptions made but they are all made on how many covered employees are there, how many hours they are going to work, and this kind of thing.
They do not make the kind of actuarial assumptions that says there is going to be so much penalty contributions or so many contributions they aren't related to particular employees.
Unknown Speaker: Oh, really that's not a business of the statute or this court.
Mr. Carl R. Neil: I don't think so, but the argument….
Unknown Speaker: The actuarial soundness of the trustees.
Mr. Carl R. Neil: I agree, but counsel my points is -- counsel suggest that the actuaries might have assumed that there is going to be a certain level of penalty contributions made into the trust and that may be necessary for the soundness of the trust and I am saying that's not the case.
Mr. Justice Rehnquist raised the question I think first of whether state law might control trust construction.
The Oregon Supreme Court's opinion does not directly construe the trust agreement except by implication in its comments on Article IV and if it can be said that will construe the trust agreement, by its comments in Article IV, it construe them in our favor.
In addition to the point made by Mr. Justice White, the Oregon Supreme Court's opinion, I draw your attention to page 34, the appendix to our brief another portion of the Oregon Supreme Court's opinion.
In the first full paragraph where they are stating the questions as presented to the Oregon Supreme Court on this issue and they say, defendant's first contention on cross appeal is that the subcontractor's clause over the labor agreements violats 29 U.S.C. Section 186, that's 302 to the extent that it maybe applied to require defendant to make contributions to union trust funds "for the benefit of employees other than his own as pleaded in defendant's fifth affirmative defense."
I suggest that's further evidence that they thought they were deciding the case below on the basis of a construction that Article IV did require that contributions for Jacksons employees.
Unknown Speaker: Did the trial court construe (Inaudible)?
Mr. Carl R. Neil: It is hard to tell Your Honor, this case and this issue in the trial court, we decide on demurrer and the trial Judge rendered no opinion in his decision on the demurrer.
Thank you very much.
Chief Justice Warren E. Burger: Thank you gentleman.
The case is submitted.


text:
Markit chief eyes further acquisitions in wake of IPO
Markit chief executive Lance Uggla has said the financial information services firm will continue to seek acquisitions after yesterday's $1.3 billion IPO, as he dismissed fears that the listing would weaken the relationships with bank shareholders.
Become a financial news subscriber
Contact our Licensing team to discuss corporate subscription options on:
+44 (0) 20 7572 3499
Breaking news
Get exclusive access to breakng news, analysis and comment on the wholesale financial industry.
Join 37,000 subscriber including your clients, competitors and business partners
On the go
Available online, in print, and on mobile for access wherever and whenever you need it.
Provides in-depth analysis and context so that you benefit from an unique view of the entire wholesale financial industry.

subset: commoncrawl


text:
Tak Mashido
477pages on
this wiki
this wiki
Tak Mashido is the creator of many successful bots that took part in the WRB (World Robot Boxing) including current champion Zeus and the well known Noisy Boy.
Mashido is brilliant and a master robotics expert. However he is extremely arrogant, over confident, condencending and hot tempered. Before Atom, He had never known defeat. So after Zeus's near loss, he did NOT handle it well.
==Appearence== Tak Mashido is a talented technology engineer, and is recruited by Farra Lemkova to create the best robot fighter ever made, Zeus. == ==He first appears in the movie after a fight in the WRB between Zeus and another bot. Aparece por primera vez en la película después de una pelea en la WRB entre Zeus y otro bot. After the match ended, when questioned about the near defeat by a commentator, he did not reply and stormed off obviously upset. Después de que terminó el partido, cuando se le preguntó acerca de la derrota cerca de un comentarista, él no contestó y me enfurecí obviamente molesto.
- In the movie, he is played by Karl Yune, a Korean who was born in Washington DC and currently now resides in Los Angeles.
- Despite all his time in retirement and fighting with an automatic robot with voice control, he still appears to know how to manually control a robot quite admirably as Zeus was heavily damaged and running dangerously low on power.
- He also seems to be quite strong himself, smashing a glass screen with his bare hands with no apparent injury at all.


text:
what type of...
Dish soap do you use?
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
I love the sunlight cucumber melon dish soap for the smell. But right now we Are using the regular because we got a huge tub at costco for a great price. I find the "bubbles disapear fast with it so have been using more. Not sure if it was a great deal after all. Lol
Either dawn... so that their is a donation to the animals, or palmolive.. because they orange stuff smells great.
IF i cross the border and go into Maine.. I get Gain.
by Brian's Lil Vixen on Sep. 7, 2012 at 9:50 AM
Ajax Grapefruit...For me makes it a pleasure to do dishes..lol
Add your quick reply below:
You must be a member to reply to this post.


text:
We are introducing some changes...
Dublin City Public Libraries are joining with all the other public library services in Ireland to create one joint library catalogue, using a shared computer system. In the first phase of this project, Dublin City Public Libraries, along with libraries in Dún Laoghaire-Rathdown, Fingal, Kildare, South Dublin, and Wexford, are introducing this new computer system and making some changes which will help us provide a better service to library users.
*** To facilitate the changeover to the new system, the catalogue will be unavailable from Friday, 19th June. Our sincere apologies. As borrowers will not be able to login or renew items online during this downtime, fines will not be charged from 19th June until the online service is available again.
We are presently completing our testing of the new system and will publicise its availability in the next day or two. Once made publicly available, we would be very grateful to receive any feedback on the new system and how it is operating. (Updated Wednesday, 1st July, 3.40pm). ***
From July 2015:
- It will be easier to search and request items, and get recommendations, using the new shared library catalogue.
- You can borrow a maximum of 12 items (including DVDs) for 3 weeks from any public library in Dublin, Kildare and Wexford
- We are reducing the fines you will pay on items (including DVDs) not returned or renewed on time to 30c per week or part of a week.
- We will send you a reminder, by email or text, to let you know that your books and DVDs are due back, that items you requested are ready for collection, and to let you know about library events.
- We'll have self-service kiosks in all our libraries, making it easier for you to return and take out new books and DVDs.
- You won't need to get a new library card but we ask you to bring your card with you each time you visit the library – this will help you get the most out of our new system.
To get the best from these changes, please ensure that we have your mobile number, email address, and (when it becomes available) your eircode.
There may be some teething problems as we introduce our new computer system and make these changes – please bear with us!
I have taken in account the
I have taken in account the new changes
I can't renew my loan because
I can't renew my loan because of the changes - the catalogue is unavailable as well.
My loan is due to be renewed today. Will I have to pay the fine?
Can't renew my loans.I can't
Can't renew my loans.I can't access my account.
Cant renew loan.
Cant renew loan.
I want to renew my books but
I want to renew my books but cannot online. Please renew
Please renew all my books.
Please renew all my books.
I can´t find the button to extend rented books.
User 842135
Thank you !
looking forward to my
looking forward to my continued use of an excellent service. thank you. maire garvin
Hello. Congrats on bringing
Hello. Congrats on bringing these changes.
How does one now sign in to his/her account on this website? If there is a "sign-in to your account" button somewhere, it is extremely well hidden. I even asked a member of the staff yesterday in the Central Library and she could not help me.
Please, bringing changes should not be about getting rid of what works to introduce stuff that does not work. I appreciate that not everything that is "new" gets to be error-free from the very start but this makes me feel like this site was not tested before being rolled-out or at least not tested with users. What do users want from a library website? Was that researched and detailed as part of the specs for this new website?
Thank you
Hi Stephane,
Hi Stephane,
I just see on the site it says while the changes are being implemented our accounts won't be accessible for a few days from June 19th do bear with it. We should be able to access fully from "late June".
Sounds good.
Sounds good.
My biggest concern is
My biggest concern is extending my loans online
The new website functionality
The new website functionality is much better than the previous one.
looking forward to it!
looking forward to it!
i would like to renew loans
i would like to renew loans
Couldn't log on my account
Couldn't log on my account
Lovely to hear of the new
Lovely to hear of the new updates to your very good services, always a pleasure to visit my local library in Raheny and staff are very helpful indeed.
When will we be able to renew
When will we be able to renew books, search the catalogue and reserve books online?
It would not appear to be possible at present (pity!!!) or perhaps you could let me know how it is done?
Many thanks
It is generally very
It is generally very difficult to get the card reader to scan the card on the new self service machines and the demo on screen is very misleading as to how the card should be held. try again please!
"fines will not be charged from 19th June until the online service is available again (Updated Monday, 22 June, 4pm)"
This is all very well, but how are we supposed to know when it is available again? Are we supposed to keep attempting to log in interminably? I do not use twitter and I believe that fines for late renewals should be wiped out until all the bugs from the new system have been removed or at least for a few weeks until people get used to using your new system.
when it is up and running
when it is up and running which card do we use, also is there no need to take the items to Dublin no more as i live in Dublin 15?
As this is a new era for the
As this is a new era for the library service,perhaps you could wipe all the fines from peoples accounts and give everyone a fresh start.It would be a super gesture to offer.
what if i have lost my
what if i have lost my library card? thanks
Perhaps cynical, but I
Perhaps cynical, but I suspect the new system will no be operational by Thursday 25th, as hoped. I appreciate projects/systems changes take time and that there are always unforseen issues. However, I would wonder was there a better way to approach this than to take down live systems for a week.
My thoughts exactly! It is
My thoughts exactly! It is really not convenient for me to walk to the library in order to check whether I need to renew my items or if my reservations are available. Would be very appreciated if you could resolve this issue soon and maybe, for similar situations in the future, give some warning in advance?
My thoughts also. Your
My thoughts also. Your cynicism turned out to be well-founded. Was it really the best implementation to take the old system offline before developing the new one to a point where it would be a simple switchover?
Good Luck with the new system
Good Luck with the new system. I use the library, in person and online, regularly and can see a lot of effort is going in to update and improve the overall library experience. Staff throughout have been friendly and helpful and all your hard work is appreciated.
to whom it may concern
to whom it may concern
As I am unable to login to renew my books I fear I will be fined considerably as I leave tomorrow for 3 weeks with little or no internet connection. My user number is 761628, can you please make not of this as I will not be back in Ireland until July 20th
kind regards
Unfortunately I can't make it
Unfortunately I can't make it to the library, would it be possible to renew my book? User 911091. Also any idea when the system will be running again?
When the system has been set
When the system has been set up, will that allow somebody having a library card for any of the listed libraries to order ebooks
To whom it may concern, I
To whom it may concern, I have tried to renew my sons DVD online but the service is not available. user number is 769741. Many thanks.
User I'd : - 891970
User I'd : - 891970
Please renew my books, I can't do it on online. trying for many days. Thanks.
Can you please renew my loans
Can you please renew my loans?
User number 350748
I cannot see a facility to do this online with the new system
This is great news. Does this
This is great news. Does this mean Dublin city library users have access to Zinio from now on ?
thanks Caroline


text:
Learn how to protect yourself from Internet scams. Read our online fraud prevention tips
Auto Parts and Accessories ClassifiedsFor Sale Local NJ Classified Ads
33 listings match, 11-20 shown
Can't find what you're looking for? Try our
Advanced Search
Sinopec Antiwear Hydraulic Oil L-HM is suitable for use in:Hydraulic applications in a wide variety of industrial, marine and mobile equipment.Vane and gear pumps operating under high loads, as recommended by pump manufacturers.Severe service hydraulic systems, employing axial and radial piston pumps, as recommended by pump manufacturers. Features and benefitsHigh-quality base oils combined with multifunctional additive technology provide outstanding antiwear properties, rust protection, low varnish and deposit formation, good demulsibility, oxidation resistance, good antifoam properties and fast air release properties, to protect and extend the life of hydraulic pumps and systems.Good hydrolytic stability and filterability, ensure optimum product life and performance, and prevent filter blocking.The wide selection of viscosity grades ensures that the optimum viscosity can be used for any hydraulic system operating temperature.Fully compatible with common seal materials usually found in hydraulic systems, to extend seal life and prevent fluid leakage.http://buysinopec.com/collections/hydraulics
Web Id: NJC14052161
Published on NJ.com 6/20. Updated 6/20.
Sinopec Tulux T500 15W-40 Classic Diesel Engine Oil is suitable for use in: Both light-duty and heavy-duty vehicles operating under severe conditions, such as long-distance or urban traffic vehicles.Off-highway applications in the mining, quarrying, construction and agricultural industries.Industrial power generation engines.Heavy duty diesel engines operating continuously under heavy or high load-factor conditions.Mixed fleet use.Features and benefitsFormulated with hydrocracked high viscosity index base oils, which provide improved oxidation control.Outstanding soot and deposit control provide protection against piston deposits and valve train wear, and ensure engine cleanliness and smooth running.Excellent control of aeration and foaming ensures protection of engine parts.High-quality base stocks and an advanced additive system work to reduce the build up of sludge and reduce oil thickening, thereby keeping the product in grade for longer and extending oil life.High acid neutralization ability, together with TBN retention, provides rust and corrosion protection and prolongs engine life.Excellent thermal and oxidation stability protect the engine against rust, corrosion and wear caused by the formation of sludge and deposits.Good elastomer compatibility ensures longer gasket and seal life.Excellent low-temperature properties ensure smooth start up at low temperature and protect against start-up wear.http://buysinopec.com/collections/great-buys/products/15w40-diesel-oil-55gal-drum?variant=859751725
Web Id: NJC14052157
Published on NJ.com 6/20. Updated 6/20.
FREE AW-32 5 Gallon PailAW-46 5 Gallon PailSinopec AW Hydraulic Oil ISO VG 32-46, SAE 10 5-Gallon Pailby SinopecBe the first to review this item Price: FREE with Shipping. Details. Only 16 units in stock (more on the way). Ships from and sold by Amazon.com. Gift-wrap available. Hydraulic applications in a wide variety of industrial, marine and mobile equipment.ISO Viscosity Grade 32 or 46 (100% Virgin Paraffinic) Based Hydraulic Oil DIN 51524 Part 2Cincinnati Lamb, Parker Denison, Easton Vickers› See more product details - Ships Free NationwideVISIT: http://www.amazon.com/Sinopec-Hydraulic-10-5-Gallon-Pail/dp/B00ZFWXM6M/ref=sr_1_2?ie=UTF8&qid=1434835977&sr=8-2&keywords=aw46+5+gallon
Web Id: NJC14052151
Published on NJ.com 6/20. Updated 6/20.
2004 Ford F-150 XLT 4.6L V8, 4WD,146k Miles, Magnaflow cat-back exhaust, K/N Air Filter, and Firestone Destination A/T with under 15k miles. $6500 OBOTruck is mechanically sound and runs great. The interior is in good condition with the exception of the drivers side seat where it has a small tear. The exterior has some cosmetic damage but the truck runs great and has been very reliable. Will need a the u-joint replaced in the future. I purchased the truck with 18k miles and have been the sole owner. Email if interested - email@example.com
Web Id: NJC14048781
Published on NJ.com 6/19. Updated 6/19.
FOR SALE ! ! ! Snap-On Tools 19 Drawer Master Series Triple Bank Roll Cab Tool Box #KRL7023BPCM in ROYAL BLUE. Tool Box is less than a year old showing very little to no signs of use at all. All Drawers come with liners, and slide perfectly. Box measures 72 7/8 wide x 29 1/8 deep x 41 3/8 high. Save big on this clean piece.
Web Id: NJC14048617
Published on NJ.com 6/19. Updated 6/19.
Excellent condition. Automatic. 4WD. Leather seats. Heated & Powered front seats. Power Sunroof/Moonroof. Power Windows and Mirrors. Bluetooth. AM/FM/CD Player and Aux cord. Cruise Control. Back Up Sensor. Tire Pressure Monitoring System. Fold down Rear Seats. Rear Window Wipers. Car protection plan. Brilliant Black Crystal Pearl coat exterior and Dark Slate Gray interior. 2012 Jeep LibertyVIN: 1C4PJMAK2CW165195condition: like newcylinders: 6 drive: 4wdodometer: 29750paint color: blacktitle status: clean transmission: automatic type: SUV
Web Id: NJC14039460
Published on NJ.com 6/18. Updated 6/18.
ICON ARC Textile Jacket from Icon, Size XL, New. Price dropped to $200.00This item has never been used, ever. It's a great price for a high quality product. Durable nylon construction, premium leather impact areas, Removable Field Armor Impact Protector elbow, Removable Field Armor Impact Protector shoulder, Removable insulated liner with expansion panelsContact: email@example.com
Web Id: NJC13944684
Published on NJ.com 5/28. Updated 6/22.
Mechanic/Service TechnicianMechanic/Service Technician needed for truck and auto repair shop in Rochelle Park, NJ. Duties include diagnose and troubleshoot diesel and Allison transmission repairs. Diverse shop, to include work on small, medium and large vehicles. Experience necessary. Salary based on experience. 201-820-3568.
Web Id: NJC13900007
Published on NJ.com 5/18. Updated 6/17.
For sale is one used urethane rear bumper cover.Correct for Corvettes 1980-1982This is an original urethane bumper cover that is in good condition - has some scuffs but no cracks. Rust on underside light holders.
Web Id: NJC13568647
Published on NJ.com 5/5. Updated 6/3.
We have a TomTom Navigational System that was used once and now we want to sell it. The TomTom originally cost us $140.00 US and it a great navigational system. We are asking $70.00.We have the Go 60 Unit and it was purchased in 2013.
Web Id: NJC13717753
Published on NJ.com 5/2. Updated 6/7.
33 listings match, 11-20 shown
Find A Local Business


text:
List.sumBy<'T,^U> Function (F#)
Visual Studio 2013
Returns the sum of the results generated by applying the function to each element of the list.
Namespace/Module Path: Microsoft.FSharp.Collections.List
Assembly: FSharp.Core (in FSharp.Core.dll)
// Signature: List.sumBy : ('T -> ^U) -> 'T list -> ^U (requires ^U with static member (+) and ^U with static member Zero) // Usage: List.sumBy projection list
The following code example illustrates the use of List.sum, List.sumBy, and List.average.
// Compute the sum of the first 10 integers by using List.sum. let sum1 = List.sum [1 .. 10] // Compute the sum of the squares of the elements of a list by using List.sumBy. let sum2 = List.sumBy (fun elem -> elem*elem) [1 .. 10] // Compute the average of the elements of a list by using List.average. let avg1 = List.average [0.0; 1.0; 1.0; 2.0] printfn "%f" avg1


text:
|>Visit quality-chess.net
|>See More quality-chess.net Reviews
Nice board Goes well with my wooden chess pieces.
Very easy to deal with, and great prices.
|>Visit quality-chess.net
|>See More quality-chess.net Reviews
Shopper Approved is a leading customer review and rating service, developed to help prepare and advise visitors regarding different companies solely based on direct feedback from real paying customers of the site.
Shopper Approved gathers feedback and assessments based upon as many as seven different rating categories, which take into account all aspects of an average purchase, including:
Add Shopper Approved to your site and begin gathering customer ratings and reviews today! Click here!


text:
"We'll find aliens within 20 years" that's a conspiracy statement.
How? It's a belief based on odds and they are going off of just the aspect that we have found so many planets that fit certain aspects that we know life is possible on. I think if they said we would find intelligent life then you might have something to go off of. For NASA, microbial life is all they need to say it exists elsewhere. But to be fair, the odds of us finding life is still very slim and it's still wishful thinking on their part.


text:
Flying Boat up for auction: Curtiss MF Seagull
Image of 6 - Use your left and right arrow keys to navigate the gallery
Article Summary
Putting aside ugly flying cars, no one should fail to be moved by the gorgeous warm-colored wood, hammered copper trims and time-worn patina of this gorgeous piece of antiquity. One of the last known Curtiss MF Seagull Flying Boats is to be sold at auction on Tuesday April 13 at Bonhams in New York. Rich in history, this beautiful vintage sea plane was designed and created by engineer and aviator Glenn H. Curtiss, otherwise known as "the Father of Naval Aviation."
Read the full article: Flying Boat up for auction: Curtiss MF Seagull
Related Articles


text:
86 comments found.
Thanks for the quick response Keenan. I have installed via quickstart but i wanted to not install this way for a particular reason. I shall send you a PM shortly.
Hello scousejohno,
I've replied your message through your email, please check your inbox.
Good day,
I would like to purchase your template, but need to know if:
1. It will work on Joomla 2.5.6?
2. Does it come with both light and dark versions?
3. Will it work with VirtueMart?
4. Can the login panel at the top be disabled?
5. Does it come with detailed instructions on how to install it?
Many thanks,
Kind regards
Hello dec71,Thank you very much for your post. Okey, I'll try to aswer your question :
- Yes, it comes with joomla 2.5.x quickstart
- Yes, it comes with both skin, you could easily set it on the template manager
- I never try it by myself, but some of people who have purchase this template, ever tried integrating this template with virtuemart, and working well
- Surely, it can be disabled
- Yes…, documentation is also included, we also have an own forum support http://themesoul.com/support/ to help people who have purchase my templates
Kindly regards,
Hi Keenan,
Thank you for the wonderful template. I have downloaded and installed as per the documentation. The T3 framework and all of the attached modules have also been installed. I am currently running Joomla 2.5.6.
When I view my website with /index.php?tp=1, I am able to see all divs.
However, when I try to assign a module, such as the djslider to a position within the template, I am unable to see the slider div and several others that are viewable from /index.php?tp=1.
Please could you advise what the problem may be.
Many thanks,
Hello Dec,
Thank you very much for your trust to purchase my template. But, could you please repost your question on our forum http://themesoul.com/support/ for more advice? and to activate your forum's account, please PM me here http://themeforest.net/user/maskeenan
Could you respond to my emails please, its been some four work days since a reply and i appreciate that you may be busy, but the delay is delaying my progress on delivering the website.
Before buy this beautifull template I wanna ask something…. Can I use this template with the new T3v3 framework? (Maybe I can install before the blank template with T3v3 and after just upload only your template) What is the best way for you to do customization for keeping all your modifications when in the future you wanna update the framework or the template? Thanks
Hello emanuelechiari,
Thank you very much for your post. Well this template is only running under Ja T3v2 framework, updating to T3v3 will not wot work. Yea, I realize that T3v3 and T3v2 have huge differences. And I still don't plan to update this template to run under T3v3. And surely I'll let you know if this template will be ready under T3v3. Thanks
I made a deposit in the amount of $ 40, to acquire this famous template: Asaregh, help me download it, I lack the knowledge… thanks.
Hello Paco,
Thank you very much for your post, to download this template please go to this page http://themeforest.net/item/asareng-dark-joomla-templates/892823 On right side you will see purchase button, hit it to purchase, then you should go to your download page to download it. Looking forward to your purchase. Regards,
Hi, sorry to insist but pressing on targets I buy any link for downloading, it does is address the page of: Buy Whit and Buy Now, or lack some other payment?...please help me thanks
Can you tell me if this templae is compatible with php 5.3 – as I have Akeeba Backup installed and it is required for new versions of Akeeba.
Hello Tony,
Yes, you could update the akeeba, it shouldn't affect or influence to this template by updating the akeeba version.
Hi there – love the theme, just one issue I have a message saying – JFolder::create: Could not create directory. Could you please advise what to do to resolve this. Thanks
Hello MMdesignUK,
Thank you very much for your trust to purcahse my template. About your problem, could you please let me know where and when do you have this warning messages…?? Also I'm so much appreciated if you could post this issue on our forum http://themesoul.com/support/ you just need to PM me here http://themeforest.net/user/maskeenan to activate your acccount.
Hi Keenan, thanks for your quick response. I was getting the error on the home page and the portfolio. I have re-installed the quickstart on the server but ticked the "override tmp and log paths" when installing the second time and that stopped the error message on the template page but I still have a similar problem when installing extensions. I get the error message: Warning: Failed to move file! JFolder::create: Could not create directory Unable to create destination. I shall post this on your forum when active.
Thanks Mark
Just for future reference if you are going to ask your customers to post on your forum (which does not work half of the time, when trying to post) then could you at least provide a timeframe for giving responses. It is not uncommon to go days and days awaiting a response. You have provided some half decent obscure support in the past, but given the choice I wont be purchasing any more content from this author until they improve their ways of working with customers.
The documentation for this template is badly lacking even to the point it lacks a basic overview of module layouts which you would reasonably expect with any premium template from the likes of rockettheme etc, but not with this one. Also there are unsupported developer modules being used within this template therefore you should at least try and provide an alternative to the customer, instead of fobbing them off with the "developer no longer supports this extension even though we sold it as apart of our template!"
I would rather you take this negative feedback and build upon it so you improve your services for future customers, after all negative feedback is more pro-active than positive appraisals.
Hello Andy,
Thank you very much for your feedback, I'm really much appreciated. I do hope I could provide better support for you and the others. So many unexpect thing happen on me, and surely it has messed up. I'm so sorry for this inconvenient.
I have purchased this template three months ago and I am extremely happy and pleased. I have been working closely with the author of Asareng template and Vijay has been a blessing! I have done a lot of customization with the author to tailor the site to my vision and it has been professional on all levels. In addition we have become good friends too!
What I really liked about this template is that everything is already pre-configured. You perform a restore using akeeba backup on your linux server. This restore is configured exactly what you see when viewing the site. All the customer has to do is change the graphic names, add content and your ready to go.
I give this author five stars…
Thank You Vijay!!
Dhe' remma' Cong
Hello Vian,
Thank you very much for your trust to purchase my template. Please PM me here http://themeforest.net/user/maskeenan to activate your ID.
Hi, i have a problem with tabgk4. I'm using it to do a gallery, so i made tabs by some custom html module like
and i obtain my 3 rows thumbs page and bigger image in lightbox, but bigger image link always come overwritten by last added tab.
same behavoir using a gallery plugin .. thanks Anoush">
Hello Anoush,
Thank you very much for your trust to purchase my templates. Could you please let me know your url? PM here http://themeforest.net/user/maskeenan the detail please…??
Hi Keenan, I have purchase your template some time ago wich is great. I have translate it to French for personnal use but some of the items do not translate. Can you tell me if your template as been translated in French ? If not, do you have any clues as how I can translate K2 Edit Item? For example the Item view options in category listing in Website Design and the Graphics Design Items do not translate.Many thanks, Monique Labelle firstname.lastname@example.com
Hi Keenan,
A week ago I have posted a question. I also send you a email. I need to know how to translate to French some Items that appear in the K2 Item section. Some Items wont translate to French and I need to know why and how I can solve this problem. Also, I need to know how to remove the CPANEL that appears on the top right corner of the front page. Can you hepl me out please.
Many thanks,Monique Labelle email@example.com
Hi, i love this template and wish to buy. Does it have provision for videos in the portfolio or the articles? Can it accommodate ads? Would like to buy it asap. regards FS
Hello, how i can chage from green version to dark red?
I have been trying to center the top menu from the mega.css file but unable to get it centered.
Could you point me in the right direction.
Hello Shaw,
Thank you very much for your trust to purchase my templates. to center your main menu, you could try add margin-left property on .ja-megamenu selector (see mega.css on line 4), I've tested by adding margin-left:200px,
Good luck, and so sorry for my late reply.
Hi Keenan
Thank you, that has done the trick.
You're welcome, Shaw…;)
Hi Keenan,
please help me. I reinstalled fox contact and now does not work: Fatal error: Call to a member function getMenu() on a non-object in /data/r/o/rodopis.sk/web/components/com_foxcontact/foxcontact.php on line 29 Where there may be a bug? Thank you,
I'm trying to portfolio page which is used for GK4 Tabs allow me to add more than 2 pages, but not where I can specify this feature. Currently, I can put a maximum of 2 pages of portfolio with 9 items on each page. Can you help me?
Thank you.
Hello Xavi,
I think you have older version, because on my latest version, you should have tabs GK5 instead of tabs GK4 modules. Tabs gk5 has auto height option as its new features. However, please PM here http://themeforest.net/user/maskeenan and brief me more detail, because I don't 100% understand your question.
Hi, I bought the template two years ago, so I use GK4.
What I mean is that http://www.xavipaisal.com/index.php/portfoli.html Portfolio section in the Editorial section I have uploaded more than 25 items, but only see two pages (points at the top right) and thus, are only 18 items (page 9). The question is: I can do that there as many pages as necessary to show all items?
Thank you.


text:
|Travelodge Akron properties are provided below. Search for cheap and discount Travelodge hotel rates in Akron, OH for your business gathering or personal travels. We list the best Travelodge Akron hotels so you can review the Akron Travelodge hotel list below to find the perfect place.
Our booking engine will also list discounted Akron, OH hotels that have similar star rating to Travelodge.
Booking a group or meeting? Get bids from hotels in Akron OH
All Travelodge in or near Akron
More Travelodge properties for Akron
Similar hotels to Travelodge
Next: Show All Available Comparable Hotels with Pricing >


text:
Robert Reich: The worst economy since the Great Depression and you might think at least one of the candidates would come up with a few big ideas for how to get us out of it. But you'd be wrong.
California State University: The Coming For-Profit Train Wreck
Mine Strikes and Commie Songs
Holiday Pall: Joblessness Crisis Intensifies
Useful Examples for Occupy from the Great Depression
Restore the Basic Bargain
Looking Beyond Election Day
The Corporate Pledge of Allegiance
Billionaire Bagger Bamboozles L.A. Downtown Dems
History and Double-Dip Recessions
Sheared by the Shorts: How Speculators Fleece Investors
Race and Anti-Obama 'Hysteria'
Inequality: The Real Cause of America's Economic Woes
- «Previous Page
- 1
- 2
- 3
- 4
- …
- 12
- Next Page»


text:
In accepting the check, James Hastie, major gifts officer for the American Red Cross of Central New York, said, "We're very proud to accept this gift - I've been involved in fundraising for 20 years and I'm still amazed by the power and enthusiasm of students when they set their minds on reaching a goal."
Hastie also noted, "I also ask people to remember the Red Cross disaster relief services - we have assisted the survivors of 19 fires in Onondaga and Oswego counties alone since Thanksgiving Day. We depend on philanthropists in the community to maintain our ability to help those in need."
Rivera has been a member of AmeriCorps VISTA since August of 2010. She is spending her year of full-time service with the Red Cross, helping to address the needs of low-income communities. Her work is focused on building permanent infrastructure to help bring individuals and communities out of poverty. Visit americorps.gov for more information. To find out more about services provided by the American Red Cross, visit RedCrossCNY.org.
For more information about Cazenovia College's Human Services Club, contact Professor Mary Handley, the director of the Human Services Program, and adviser to the Human Services Club, at 655-7131 or email@example.com.
Prev Next
More like this story
Use the comment form below to begin a discussion about this content.


text:
CFA was toughest challenge I took in my life... Tips & encouragement from faculty were indeed required to maintain the energy for this long and time consuming preparation.Shyju Kumaran
CFA is a massive and a tough mountain to climb…Some of the kookiest and most lively instructors are found in this amazing family called Genesis.Fraz Siddiqi
I attended the CFA Intensive Review Seminar at Genesis …. Overall, it was a great experience and I look forward to continue my CFA Level 2 classes with them.Kunal Mahesh Kokal
Financial Modeling & Valuation was very relevant to my work …Very knowledgeable faculty here.. I will definitely recommend them.Hassan Ali – Assistant Manager, First Gulf Bank
Since I have joined the CFA program... I got promoted more than once... CFA program is never an easy one... Genesis Faculty gets alot of the credit for my success.Dr. Yaseen Taha Alkamas


text:
Mick FoleyMichael Francis Foley
- Birthdate: 06/07/1965 (age 50)
- Height: 6'2"
- Weight: 287 Ib
Mick Foley has worked for many wrestling promot...
-- According to ChicagoTribune.com, Mick Foley has signed with Innovative Artists to promote his stand-up comedy career. The agency says they fill slots for comedy acts at clubs, concerts, colleges, hotels, theaters, and corporate functions worldwide.
-- Less than two weeks ago, WWE.com published this photo gallery of Divas who have appeared at SummerSlam over the years, many of which featuring former Women's Champion Sable. WWE then promoted the photo gallery on the site's main page late last week, but with all photos of the former Diva removed.


text:
- Filed Under
LAS VEGAS -- IndyCar will be under scrutiny to deliver answers following Dan Wheldon's death in Sunday's race at Las Vegas Motor Speedway. Wheldon was helping to provide them.
Rideless after winning a second Indianapolis 500 in May, Wheldon was chosen to be the development driver of the Izod IndyCar Series' new car that will debut in 2012. For months, he has been working with Dallara to prepare and test the car.
Among the safety features: bodywork covering the rear tires, to prevent Indy cars from being launched as Wheldon's was on lap 11 of the Izod World Championship. ...


text:
Is PepsiCo Preparing For A New CEO?
AP | CANDICE CHOI and BREE FOWLER | Posted 05.12.2012 | Home
Read More: Pepsico Ceo, Video, Brian Cornell, Pepsi, Indra Nooyi, Pepsico, Pepsi Ceo, John Compton, Home News
NEW YORK — PepsiCo Inc. revamped its management structure Monday in a move intended to strengthen its lineup of potential successors to CEO Indr...
Innovation is key to growth for food companies, and adds excitement and many benefits for the purchasers of these products. However, I question whether repurposing funds is the way to go.


text:
4 comments
Stephen Batchelor in Insight Journal: You don't have to believe in rebirth to be a BuddhistNot many things in life are free, but there are exceptions. One of them is Insight Journal, the Barre Center for Buddhist Studies publication edited by the center's co-director Andrew Olendzki. You can either order the hard copy or, if you're eco-conscious, download it. Of course, it's always a great help to offer dana—a donation—when you do. The organization supports itself through its paid courses and the generosity of its members and friends. This issue features a piece by Stephen Batchelor on his doubts about (or nowadays, his outright rejection of) rebirth—and he finds what he feels is support in Pali Canon. Years ago we featured a debate between Stephen and Bob Thurman on the topic—Stephen played skeptic, of course, and Bob the true believer. But nowadays Stephen isn't particularly interested in arguing the point and is more likely to reflect on how he came to his beliefs and his ever-evolving understanding of the Buddha's teachings. Here's an interesting excerpt from the Insight article: I am not in any way suggesting that the Buddha rejected the idea of rebirth, or did not believe in it..there is just too much in the Canon to say the Buddha was even agnostic about this. But there is another strand of text that seems to not quite fit that very well. I think the Pali Canon actually has multiple voices within it, not a single, monolithic voice. You get contradictory perspectives introduced all the time, which is part of the very richness of that literature. In the Kālāma Sutta the Buddha says, don't just accept what I say because I am your teacher, because the tradition says it, or because it seems to be reasonable. At the end of that text, he speaks about the four solaces, or rewards, that come from the practice of the Dhamma. One solace says, if there is indeed another life, if there is, indeed, a law of karmic cause and effect, then, after death, you will be reborn in a happy realm and benefit from the results of your present karma. The second solace says, if there is no future life, if there is no law of karma, then, too, by practicing the Dhamma you will live happy and content, here and now, in this world. That is very striking: the Buddha seems to be saying what really matters is not what may or may not follow after death, but the quality of your experience, here and now in this very life. Admittedly, this passage occurs once, whereas rebirth and karma occur everywhere. Nonetheless, it looks oddly out of place. For that very reason, it is probably original: It would have been in no orthodox tradition's interest to have added it later. Even more to the point is "the declared and the undeclared" in the Mālunkyovāda Sutta, Majjhima 63: More »
3 comments
Bad Meditation? No Such thing, says Ajahn BrahmThe mind can do wonderful and unexpected things. Meditators who are having a difficult time achieving a peaceful state of mind sometimes start thinking, "Here we go again, another hour of frustration." But often something strange happens; although they are anticipating failure, they reach a very peaceful meditative state. My first meditation teacher told me that there is no such thing as a bad meditation. He was right. During the difficult meditations you build up your strength, which creates meditation for peace. - Ajahn Brahm, "Stepping Towards Enlightenment," Fall 2006 Click here to read the complete article. More »
3 comments
An evening with Ven. Metteyya at New York InsightFrom left: Bodhi (Ven. Metteyya's attendant), Sharon Salzberg, Ven. Metteyya More »
0 comments
A happiness that can't be taken from you (and four reasons we fear death)What was behind the Buddha's decision to go off into the forest? A desire to be happy, Thai forest monk Thanissaro Bhikkhu teaches in the talk below. In fact, he says, this desire underlay all of Buddha's efforts. More »
4 comments
Knowing the story doesn't solve itA few days ago I posted an interview with Jack Kornfield and said I'd post an earlier interview with him soon. Well, here it is. The interview was given in 2000, around the time Kornfield's After the Ecstasy, The Laundry appeared. Here are two excerpts that will give you an idea of some of the modes of practice Jack was thinking about and teaching nearly a decade before the later interview. More »
7 comments
Less religion, more practiceThe Los Angeles Times reports that Jack Kornfield is in Los Angeles this weekend to give a talk on CG Jung's journals at the Armand Hammer Museum and to lead a three-hour meditation retreat at InsightLA. Kornfield, a psychologist and former Thai monk, has written extensively about Western psychology and Buddhist mindfulness practice. Trudy Goodman, LAInsight's lead teacher, tells the Times, "I feel that Jack has changed Buddhism by being a pioneer for the inclusion of our emotional lives in the practice." More »


text:
Dallas Jesuit quarterback Bo Schneider committed to the UCF 2015 recruiting class on Tuesday (June 10). (PHOTO COURTESY DALLAS MORNING NEWS)
From the moment Bo Schneider left the UCF campus after an unoffical visit last Thursday, he knew he was UCF bound.
So, after taking a few days to make sure, the Dallas (Texas) Jesuit quarterback announced Tuesday via his Twitter account that he has officially committed to UCF's 2015 recruiting class.
Schneider posted "Proud to announce that I've officially committed to University Central Florida! #goknights."
"When my dad and I visited, I fell in love with it," Schneider said. "Everything about it was so awesome and right when I got done with my visit, I looked at my dad and said, 'This is the one.' I just fell in love with it and I'm super happy and extremely excited."
The 6-foot-4, 217-pound quarterback, who threw for 3,185 yards and 31 touchdowns last season as a junior, picked the Knights over offers from Houston, Tulsa, Colorado State, Oregon State and Southern Miss.
Let the Blake Bortles comparisons begin.
"Blake is so good and I think it could be kind of hard to deal with at first, but if that's what people want to make the comparison to then I'm OK with it," Schneider said. "Blake is a great player and I would love to follow his footsteps."
Schneider will give the Knights a bonafide dropback, pro-style quarterback similar in build to Blake Bortles, who left UCF following a stellar junior season and was drafted by the NFL Jaguars last month.
Schneider completed 208-of-348 passes last season and threw just nine interceptions. He guided Jesuit (9-4) to its most successful season ever last year, taking the squad three games deep into the Texas state playoffs. Jesuit has an enrollment 9-through-12 of about 1,200 students.
"I'm a hard-working guy, I put the team first and I'm going to do all it takes to win," Schnedier said. "That's what it's all about, winning championships."
He said he had a great conversation with UCF head coach George O'Leary during his visit to Orlando.
"We had a pretty funny conversation ... talked some football, of course, but after that we started kind of joking around and connected immediately, which is just another plus for UCF," Schneider said.
UCF coaches acted quickly in jumping at the opportunity to recruit Schneider, which speaks directly to what the staff thinks of Schneider's potential as a college football quarterback.
"They just said they really like my film and they said they like my arm strength, my pocket presence and my decision making," Schneider said. "They said they think I'd be a great fit for their football team."
He is the second commitment to the 2015 class for UCF, joining Snellville (Ga.) Shiloh wide receiver Cameron Stewart (6-3, 185).
As National Signing Day, Feb. 4, draws closer, Schneider is sure to start gaining more high-profile offers, but he said he's set with UCF.
"I'm exteremely happy with UCF. I'm not even going to talk to anyone else," Schnedier said. "I know this is my final decision and I am very excited."
Chris Hays is the Sentinel's recruiting coverage coordinator and can be reached at email@example.com. Follow us on Twitter at @Os_Recruiting and Facebook at Orlando Sentinel Recruiting, and on Instagram at os_recruiting.


text:
Live Battery Indicator Tweak Replaces the Default iOS Battery Icon and Percentage
Posted April 17, 2013 at 8:33pm by here | 15744 views| Please help us and submit a translation by clicking
Live Battery Indicator is a new tweak by pw5a29 that offers a graphic and numeric representation of remaining battery life.
Ever wanted to hide your battery icon because it takes too much space? Ever feels uncomfortable without a percentage? Now you can have both merged. Live Battery Indicator is a tweak that would replace your default battery icon and percentage with a custom indicator.
You can get Live Battery Indicator free from the ModMyi Cydia Repository.
Add Comment
Muhammed Athimannil - April 19, 2013 at 10:37am
Live Battery Indicator is free from Cydia :) thanks for the information
Ramm - April 18, 2013 at 10:36am
It works now, no more 404 not found errors!
Jai Shah - April 18, 2013 at 10:28am
The only thing is it doesn't show an animation or something while charging. You've to check your lock screen for that. That's a can. Otherwise its pretty sick!
NIVE - April 18, 2013 at 8:17am
Works perfect for me.. (don't have winterboard.. )
SwapnilTathe - April 18, 2013 at 6:39am
Not able to download.. it gives 404 error. :-(
Follow iClarified
The Beats Music app has been updated to let s...
The Beats Music app has been updated to let s...


text:
Living with type 2 diabetes is difficult enough. Getting by with little or no medical coverage creates challenges beyond what most people can understand.
Type 2 Options is a free, two-hour seminar designed for your needs as an uninsured or underinsured adult. Led by Harold Hamm's certified diabetes educators and specialists, T2Options offers valuable guidance on topics such as:
- Maintaining safe blood sugar levels
- Making healthy food choices at the store, at home, and on the go
- Integrating diabetes-safe exercise into your daily routine
- Preventing diabetes-related complications, especially in your feet and legs
- Coping with the stress and emotional challenges of diabetes
- Gaining access to free and low-cost supplies and medications
- Understanding diabetes care offerings at public clinics
- Participating in clinical trials as a source for diabetes medical care
2015 SCHEDULE of SESSIONS (all are 1:30 to 3:30 p.m.):
Thursday, JANUARY 15
Thursday, APRIL 9
Thursday, JULY 23
Thursday, NOVEMBER 12
All sessions held in our Diabetes Life Clinic (location details). RSVP by calling (405) 271-3455.
This opportunity is offered at no cost to participants, courtesy of Harold Hamm Diabetes Center.


text:
''Reliable, steady on all surfaces, and with the performance and handling you expect on a Porsche'' That was the buzz when Porsche released its... More
217 bhp, 3,164 cc all-aluminum air-cooled SOHC flat six, DME Motronic 2 electronic fuel injection, five-speed manual transaxle, independent front suspension with MacPherson struts,... More
This is a very nice example of a well cared for 928 GT. This car has great service records from the previous owner and... More
?1989 Porsche Speedster '89 Porsche Speedster with 58,240 on the odometer and matching numbers chassis#WPOEB0917KS1733002 engine#64K02389 in its original special order color code#55 linen grey... More
Chequered Flag International is pleased to offer this 1989 Porsche 964 C4 Coupe in Guards Red with Black leather. 61846 miles. Clean CARFAX. Superb... More
Chequered Flag International is pleased to offer this 1989 Porsche 928 GT in Grand Prix White with Black interior. Model # 928910. 86??? miles... More
1989 PORSCHE 911 CARRERA SILVER ANNIVERSARY EDITION CABRIOLET SPECTACULAR CONDITION! ORIGINAL CALIFORNIA CAR! 38,142 ACTUAL MILES! ONLY TWO OWNER'S FROM NEW! 1 OF ONLY 200 BUILT! 1 OF 40 IN... More
ONE OWNER GUARDS RED SPEEDSTER! 40,504 original miles One of 823 delivered to the US Non-restored original condition Numbers matching 3.2L Engine #64KD6202 Optional Limited Slip Differential Delivered on 8/04/89... More
SUPER RARE AND FAST ALL ORIGINAL CLASSIC PORSCHE 944S2 IN GUARDS RED WITH LIGHT BEIGE LEATHER AND BLACK INTERIOR . LOADED WITH ALL OPTIONS... More
1989 Porsche Carrera 4 Coupe in Guards Red with Black Leather interior. 3.2L/247hp, 6-cylinder. 5-speed Manual Trans w/4-Wheel Drive. Electric sunroof, heated mirrors, folding... More
1989 PORSCHE 911 TURBO FACTORY 930 ONLY YEAR OF THE 5 SPEED 930 LINEN GREY METALLIC OVER SPECIAL SILK GREY LEATHER HEATED LEFT AND RIGHT SPORT SEATS WITH ELECTRIC HEIGHT... More
In a super condition and rare Porsche 911 25th Anniversary Edition convertible. There are of the cabrio only 200 cars produced, of which 160... More
After a 6 year absence from the US Market, The 930 was re-introduced to the America's as the 911 Turbo with much fanfare; the... More
Just out of a private collection, this fully documented, 1989 Porsche 911 Carrera Targa is an enthusiasts dream. This 3 owner 1989 Carrera Targa... More
Call 440-914-0000 or email [contact seller] 1989 Porsche 911 Targa Very low miles, original paint, a nearly perfect interior and a crisp white topcoat--this Targa... More