text:
17:0469(74)CA - Air Force, Lowry AFB, Denver, CO and AFGE Local 1974 -- 1985 FLRAdec CA
[ v17 p469 ]
The decision of the Authority follows:
17 FLRA No. 74 DEPARTMENT OF THE AIR FORCE LOWRY AIR FORCE BASE DENVER, COLORADO Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1974 Charging Party Case No. 7-CA-30298 DECISION AND ORDER The Administrative Law Judge issued the attached Decision in the above-entitled proceeding, finding that the Respondent had not engaged in the unfair labor practices alleged in the complaint, and recommending that the complaint be dismissed. The General Counsel filed exceptions to the Judge's Decision, and the Respondent filed an opposition thereto. Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), the Authority has reviewed the rulings of the Judge made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, the Authority hereby adopts the Judge's findings, conclusions and recommended Order. ORDER IT IS ORDERED that the complaint in case No. 7-CA-30298 be, and it hereby is, dismissed. Issued, Washington, D.C., April 15, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY -------------------- ALJ$ DECISION FOLLOWS -------------------- Case No. 7-CA-30298 Lt. Colonel Franklin E. Wright For the Respondent James J. Gonzales, Esquire Joseph Swerdzewski, Esquire For the General Counsel Mr. Dariel S. Case For the Charging Party Before: WILLIAM B. DEVANEY, Administrative Law Judge Administrative Law Judge DECISION Statement of the Case This proceeding, under the Federal Service Labor-Management Relations Statute, Chapter 71 of Title 5 of the United States Code, 5 U.S.C. 7101,et seq. /1/, and the final Rules and Regulations issued thereunder, 5 C.F.R. 2423.1, et seq., concerns the meaning of Sec. 21(b)(3)(B) and specifically where a grievance is presented on employees own behalf; the employees do not want the exclusive representative's assistance; and there are no meetings or discussions, is the employer under a duty, pursuant to Sec. 21(b)(3)(B), violation of which is an unfair labor practice, pursuant to Sec. 16(a)(8) and/or (1), to: a) give the exclusive representative notice of the filing of the grievance; /2/ and/or b) serve the exclusive representative with a copy of the grievance; and/or c) serve the exclusive representative with all documents and letters issued by the employer concerning such grievance? So far as I am aware, this is a case of first impression. This proceeding was initiated by a charge filed on March 24, 1983 (G.C. Exh. 1A), which alleged a violation of Sec. 16(a)(1); and a First Amended charge filed on June 2, 1983 (G.C. Exh. 1C), which alleged violations of Secs. 16(a)(1) and (8). The Complaint and Notice of Hearing issued on June 20, 1983 (G.C. Exh. 1E), pursuant to which a hearing was duly held on August 23, 1983, in Denver, Colorado, before the undersigned. All parties were represented at the hearing, were afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence bearing on the issues involved and were afforded opportunity to present oral argument which each party waived. At the close of the hearing, September 23, 1983, was fixed as the date for mailing post-hearing briefs which time was subsequently extended, upon timely motion of the Respondent, for good cause shown, to October 21, 1983. General Counsel and Respondent each timely mailed an excellent brief, received on October 24, 1983, which have been carefully considered. Upon the basis of the entire record, /3/ including my observation of the witnesses and their demeanor, I make the following findings and conclusions: Findings 1. American Federation of Government Employees, AFL-CIO, Local 1974 (hereinafter, also, referred to as the "Union"), is the exclusive representative of all eligible non-professional civilian employees employed by Lowry Air Force Base, Denver, Colorado (hereinafter, also, referred to as "Respondent"), as more fully set forth in the Agreement of the parties (G.C. Exh. 2, Art. 2). 2. On January 28, 1983, representatives of the Union and Respondent negotiated an agreement concerning the hours of work of all full-time and part-time Commissary sales store checkers (cashiers) (G.C. Exh. 3 Attachment). This agreement inter alia, changed the hours of work for full-time cashiers from 8:45 a.m. to 5:30 p.m. to 10:30 a.m. to 7:30 p.m., Tuesday through Friday. Part-time cashiers would work varying shifts with the early shift being 9:00 a.m. to 3:00 p.m. and the late shift being 2:00 p.m. to 8:00 p.m. (G.C. Exh. 3, Attachment). The new schedule was announced to employees, and posted, on January 28, 1983, to be effective February 8, 1983. Respondent on Saturday, January 29, 1983,met separately with the full-time and part-time cashiers to inform them of the new work schedules (G.C. Exh. 5, Par. 2). At the meeting with the full-time cashiers, Mr. Calvin Mullins, Commissary Officer, was asked to come to the meeting to explain the rationale for the change. Mr. Mullins stated that the revised schedule was necessary, " . . . because we were needed during the revised schedule periods. He also stated that the action had been discussed with responsible persons and negotiated with the Union . . . ." (G.C. Exh. 5, Par. 4.), and after making these remarks, Mr. Mullins left the meeting. 3. The full-time cashiers were dissatisfied with the new schedule of hours /4/ and, on February 2, 1983, met with Mr. Dariel Case, President of Local 1974, Ms. Vickie Sampson, steward, and assistant commissary manager Tydinko (as spelled in Respondents Brief; the name is spelled in the transcript and G.C. Exh. 5 as "Tydingco"). Ms. Lillie M. Masby testified that they, the full-time cashiers, requested the meeting, " . . . to find out why we hadn't been notified . . . had been given no consideration whatsoever, and . . . part-time cashiers had been asked . . . their opinion, and we wanted to first find out with him (Mr. Case) just why is it that we were discriminated against and they (part-time cashiers) weren't." (Tr. 118). Mr. Case conceded that, "They wanted to-- they were curious as to why we hadn't sought input from them. They felt that it was unfair for us to negotiate those hours without having checked with them first . . . ." (Tr. 51). There is no dispute that Mr. Case stated at this meeting, " . . . that a person who was not a union member could not file within the Union a grievance against a union officer" (Tr. 123). Although it appears that Mr. Case's reference to "grievance" related to action within the Union (Tr. 73, 123), Ms. Masby very credibly testified that Mr. Case said, '"If you file a grievance, you wouldn't be represented anyway, because you know, if you are too lazy to get off your butts and go to the Union meeting and all this then I wouldn't bother to even look at your case.' Look at your grievance, I am sorry" (Tr. 122), from which Ms. Masby understood Mr. Case meant any grievance, "In my mind, it just-- just grievance, period. That's the way I took it." (Tr. 124-125). /5/ 4. The full-time cashiers prepared a group grievance, dated February 5, 1983 (G.C. Exh. 5), which purported to be pursuant to AFR 40-771, which Ms. Masby and Ms. Cecilia Jones sought to file with Ms. Cheryl Lepard, Respondent's Chief of Labor and Employee Relations, on February 7, 1983. Ms. Lepard told Ms. Masby and Ms. Jones that: a) " . . . the 771 procedure was not appropriate and that they had to, since they were bargaining unit employees, use the procedure in the negotiated agreement" (Tr. 141, 106); and b) " . . . They said that they had informally discussed the grievance with the supervisor. Therefore, . . . the next step was the first step formal . . ." and that " . . . they should submit the grievance to Mr. Day (Commissary Complex Director) at Peterson Field in Colorado Springs." (Tr. 141; 107). Ms. Lepard further told Ms. Masby and Ms. Jones that the second step would be to the Wing Commander at Lowry Air Force Base (Tr. 107). Ms. Lepard retained a copy of the grievance. 5. On February 8, the grievance was mailed to the Director, Rocky Mountain Complex Air Force Commissary Service, and was received on February 10, 1983 (Tr. 110). Before Mr. Day responded, the employees wrote Colonel Kellum (the letter was not dated), Vice-Commander of Lowry Technical Training Center, the "second level" official, complaining of the lack of response to their grievance (G.C. Exh. 6). In the meantime, Mr. Day responded to the grievance (undated, but received by the employees on March 8, 1983, G.C. Exh. 7), as follows: "1. Your group grievance is being processed under the negotiated grievance procedure . . . rather than AFR 40-771, the grievance procedure you stated. This is required as you are bargaining unit employees represented by AFGE Local 1974. "2. As a result of your grievance, we are proposing to the union a different work schedule for the full-time sales store checkers. "3. While I cannot grant the total remedy you requested, I hope that the proposed schedule will provide flexibility to the full-time sales store checkers to work a more desirable schedule on a rotating basis. "4. I will notify you of the outcome of these negotiations on this matter. A copy of the letter to the union is attached. "5. I trust this will resolve your grievance." (G.C. Exh. 7). The attachment (G.C. Exh. 9) referenced in Mr. Day's response was not received by the employees. 6. By letter dated March 9, 1983, to the attention of Mr. Day (G.C. Exh. 8), the full-time cashiers protested the refusal to accept the grievance under AFR 40-771 and requested a copy of the referenced letter to the Union which had not been provided as Mr. Day's letter had purported to show. 7. Both a copy of Mr. Day's undated response (G.C. Exh. 7) and Mr. Calvin Mullins' (Commissary Officer) memorandum (also undated) to Mr. Case were received by Mr. Case; however, Mr. Case was not given a copy of the group grievance (G.C. Exh. 5) at any time (Tr. 148). In his memorandum to Mr. Case, Mr. Mullins stated as follows: "We are proposing a change in the tour of duty for two of the full-time sales store checkers. Our proposal is to place two full-time sales store checkers on the 9:00 a.m. to 6:00 p.m. shift and rotate the full-time cashiers from their previously negotiated shift. "Request your input no later than 21 March 1983." (G.C. Exh. 9). 8. By letter dated March 15, 1983, Mr. Case responded as follows: "Concerning undated letter from Curtis Day, Commissary Director. Management's acceptance and adjudication of a grievance concerning tours of duty for full time cashiers constitutes an unfair labor practice by management on internal affairs of the union. "The union negotiated in good faith with management to set up temporary schedules for cashiers less than thirty days ago. Management's failure to honor that agreement would constitute another unfair labor practice. Management had the obligation to inform the employees that they did not have a grievance and that the matter had been properly negotiated and therefore, was an internal union matter." (G.C. Exh. 10). 9. Respondent considered the grievant's letter to Mr. Day (G.C. Exh. 8), together with their earlier letter to Colonel Kellum (G.C. Exh. 6), as an elevation of the grievance to the second level (Tr. 144) and Colonel Swain by letter dated April 5, 1983, addressed to Ms. Masby, responded as follows: "1. This is in response to you (sic) grievance. This grievance is being processed under the negotiated grievance procedure between Lowry AFB and AFGE Local 1974. This negotiated grievance procedure is the sole grievance procedure available to you since you are members of that bargaining unit. "2. Management of the Lowry AFB Commissary and Local 1974, representing the bargaining unit, entered into negotiations on changing the work schedule of part-time and full-time sales store checkers so as to have more complete coverage of the store when needed. An agreement was reached between the Commissary Management and Local 1974 concerning the matter. After receiving your grievance, Mr. Day of the Rocky Mountain Complex offered to renegotiate some changes for you in this schedule. The union has declined to renegotiate. Also, since you did not consider this remedy to be sufficient, management has decided to remain with the schedule initially negotiated. /6/ "3. After carefully considering the facts as presented, I find I must deny your grievance." (G.C. Exh. 11). 10. Mr. Lepard testified that she had instructed one of her assistants, Mr. Vannoy, to furnish a copy of Colonel Swain's letter on April 5, 1983 (G.C. Exh. 11) to the Union (Tr. 145); however, Mr. Case testified that he never received a copy of General Counsel's Exhibit 11 (Tr. 61). Conclusions Sec. 21(b) of the Statute provides, in pertinent part, that: "(b) Any negotiated grievance procedure referred to in subsection (a) of this section shall-- . . . . (3) include procedures that - . . . . "(B) assure such an employee the right to present a grievance on the employee's own behalf, and assure the exclusive representative the right to be present during the grievance proceeding . . . ." (5 U.S.C. 7121(b)(3)(B). The collective bargaining agreement of the parties (G.C. Exh. 2) does assure employees the right to present a grievance on the employee's own behalf and assures the exclusive representative the right to be present during the grievance proceeding. Thus, Article 24, Section E, Par. 2 a. provides: "a. An employee is entitled to a Union representative at any stage of the grievance procedure. Any unit employee may present and process a grievance under this procedure without the intervention of the Union except that only the Union or the Employer may invoke arbitration. If the employee represents himself/herself, the Union will be given an opportunity to be present during the grievance proceeding." (G.C. Exh. 2, Article 24, Section E, Par. 2 a.). Where, as here, the parties' negotiated grievance procedure fully complies with the statutory requirement that the negotiated grievance procedure "assure . . . an employee the right to present a grievance on the employee's own behalf, and assure the exclusive representative the right to be present during the grievance proceeding", is there any further right enforceable under Sec. 16(a) of the Statute? For reasons set forth hereinafter, I conclude there is not. Under the Executive Order, the Assistant Secretary consistently held that Section 7(d)(1), /7/ inter alia, did not confer any rights enforceable under Section 19 (unfair labor practices). U.S. Department of the Army, Transportation Motor Pool, Fort Wainright, Alaska, A/SLMR No. 278, 3 A/SLMR 290 (1973); Internal Revenue Service, Chicago District, A/SLMR No. 279, 3 A/SLMR 304 (1973); U.S. Department of the Treasury, Internal Revenue Service, Western Service Center, Ogden, Utah, A/SLMR No. 280, 3 A/SLMR 310 (1973). I am aware that the Executive Order did not contain a provision like Sec. 16(a)(8); nevertheless, as the Statute imposes no duty to serve the Union with a copy of any grievance filed by an employee, or group of employees, the allegation of the Complaint that Respondent committed an unfair labor practice by its failure "to serve the Union with a copy of the grievance and all documents and letters filed by employees and issued by Respondent, to which the Union was, and is entitled under 5 U.S.C. 7121(b)(3)(B) . . ." (Complaint, G.C. Exh. 1E, Par. 12), in violation of Sec. 16(a)(8) /8/ must be dismissed. Not only does Sec. 21(b)(3)(B) not impose any duty to serve the Union with a copy of any document, including the grievance, filed by employees or issued by Respondent, but the tenor of the Statute is to the effect that the duty of an agency to furnish material to the exclusive representative is upon request. Thus, Sec. 14(b)(4) provides: "(4) in the case of an agency, to furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data-- . . . . " The more difficult question is whether the statutory requirement, that any negotiated grievance procedure include procedures that " . . . assure the exclusive representative the right to be present during the grievance proceeding . . . ", carries with it the implied duty of management to notify the exclusive representative when a grievance has been filed by an employee, or by employees, on the employee's own behalf. Logic strongly indicates that, if the exclusive representative's "right to be present during the grievance proceeding", is to be assured, the exclusive representative must know that a grievance has been filed; but whether logical, or desirable, does the failure to give such notice to the exclusive representative constitute an unfair labor practice? The Authority has made it clear that there is a duty to give the Union notice and an opportunity to be present at any meeting, Office of Program Operations, Field Operations, Social Security Administration, San Francisco Region, 10 FLRA No. 36, 10 FLRA 172 (1982), where it stated, in part, as follows: "Reading Sections 7114(a)(2)(A) and 7121(b)(3)(B) together, it is clear that Congress intended that negotiated grievance procedures assure the exclusive representative the right to be present (represented) during formal discussions of a grievance, such as the discussions at issue in this case." (10 FLRA at 177). Respondent concedes that there is an obligation to give the Union notice of any meeting or discussion, but asserts that where, as here, there are no meetings or discussions, /9/ Sec. 14(a)(2)(A) does not apply, and Sec. 21(b)(3)(B) imposes no obligation to give notice to the Union that an individual grievance has been filed. Office of Program Operations, supra, although the specific issue was not an allegation of the Complaint before the Authority, at least by inference, can be read as supporting Respondent's position. There, a unit employee filed on her own behalf a written grievance on, or about, November 7; at the first step of the grievance procedure, without any notice to the union or any meeting between the grievant and the supervisor, one item of the grievance was granted and the other four items raised by the grievance were denied. Grievant was not satisfied and appealed. Meetings were held with grievant at the second step, on December 12, 1979, and at the third step, on January 17, 1980. The Complaint alleged that the respondent violated the Statute by conducting formal discussions on December 12, 1979, and January 17, 1980. The Complaint did not allege that respondent violated the statute either by its failure to notify the union that a grievance had been filed or by its adjustment of the grievance at step one; and the Authority, as set forth above, addressed Sec. 21(b)(3)(B) only in conjunction with Sec. 14(a)(2)(A) and held, in essence, that there is a duty to give the union notice and an opportunity to be present at any meeting. Each party has referred to the legislative history of the Statute, but the legislative history, beyond showing that S. 2640 had incorporated the language of the Executive Order (Legis. History p. 470-471); that Representative Clay's bill, H.R. 13, provided that any negotiated procedure, " . . . shall include procedures that insure the labor organization the right to be present when the grievance is adjusted if it is not the representative of the employee." (Legis. History, p. 162); that Representative Ford's bill, H.R. 1589 contained no similar provision; that when Representatives Clay and Ford combined their efforts in H.R. 9094 the provision of Mr. Clay's bill, H.R. 13, was adopted; that Mr. Nick's bill, H.R. 11280, provided that procedures " . . . shall assure the labor organization the right to be present when the grievance is adjusted" (Legis. History p. 355); and that, after amendments, H.R. 11280 was reported on July 31, 1978, and then contained the language as passed (Legis. History p. 419), namely that procedure shall, " . . . assure the exclusive representative the right to be present during the grievance proceeding", sheds no light on the meaning of "proceeding" or on the reason that "proceeding" supplanted "adjusted" or "adjustment." Certainly, the provision of the Executive Order " . . . opportunity to be present at the adjustment" (Section 13(a)) is not the same as the provision of the Statute, "to be present during the grievance proceeding" (Sec. 21(b)(3)(B)). Indeed, the word "proceeding" is broader than "adjustment" and, inter alia, means, "a particular step or series of steps adopted for doing or accomplishing something . . . necessary for bringing the case to a successful conclusion" (Webster's Third New International Dictionary (1971)), which, in my opinion, would include Respondent's disposition of the grievance by Mr. Day's letter, undated but received by the employees on March 8, 1983, as, whether it constituted an "adjustment" of the grievance or merely a proposal to the Union, it was an act taken to resolve the grievance; in fact, Mr. Day's letter concluded by stating "5. I trust this will resolve your grievance" (G.C. Exh. 7). Executive Order 11491 (October 29, 1969) in Section 7(d)(1) provided that Recognition does not: "(1) preclude an employee, regardless of whether he is a member of a labor organization, from bringing matters of personal concern to the attention of appropriate officials . . . or from choosing his own representative in a grievance or appellate action;" but Section 13 made no reference to the exclusive representative being present at the adjustment of any grievance. This language first appeared in the 1971 amendments to Executive Order 11491 and Section 13(a) provided, in part, as follows: " . . . However, any employee or group of employees in the unit may present such grievance to the agency and have them adjusted, without the intervention of the exclusive representative, as long as the adjustment is not inconsistent with the terms of the agreement and the exclusive representative has been given opportunity to be present at the adjustment." If Sec. 21(b)(3)(B), like Sec. 14(a)(2)(A), conferred a direct right to the exclusive representative, I would agree that a "right to be present during the grievance proceeding" carries with it the right to notice, violation of which would constitute an unfair labor practice; but Sec. 21(b)(3)(B), rather than giving the exclusive a direct right, provides that; "(b) Any negotiated grievance procedure . . . shall-- . . . . "(3) include procedures that-- . . . . "(B) assure such an employee the right to present a grievance on the employee's own behalf, and assure that exclusive representative the right to be present during the grievance proceeding . . . ." Article 24, "Grievance Procedure" in Section E 2, provides as follows: "2. Representation Rights "a. An employee is entitled to a Union representative at any stage of the grievance procedure. Any unit employee may present and process a grievance under this procedure without the intervention of the Union except that only the Union or the Employee may invoke arbitration. If the employee represents himself/herself, the Union will be given an opportunity to be present during the grievance proceeding." (G.C. Exh. 2). Section F. Procedural Steps provides, in part, as follows: 1. Employee Grievance . . . a. Informal Discussion-- Within 15 calendar days of the action complained of . . . the employee will discuss resolution with the immediate supervisor, if the employee desires Union representation at this stage, notifies his/her immediate supervisor and steward . . . . b. Formal Grievance-- Step One. The written grievance shall be filed with the Group Commander or comparable level management official (reviewing authority) under which the employee serves . . . Within 15 calendar days from receipt of the grievance, a written decision will be provided to the employee. During the said 15 day period, the Reviewing Authority will consider all evidence, statements of the employee, and the Union representative, if the employee is represented by the Union, and conduct such investigation and interviews as in his/her opinion is necessary to resolve the complaint . . . Step Two. A request for review . . . shall be directed by the Civilian Personnel Officer who will forward it immediately to the Final Administrative Authority (i.e., Vice Commander/LTTC). The Final Administrative Authority shall render his/her written decision to the employee within 15 calendar days . . . . "2. Union Grievances . . . . "3. Employer Grievances . . . . (G.C. Exh. 2). By contrast, Section H of Article 24, which provides for expedited grievance/arbitration, states, in part, as follows: " . . . "3. . . . a notice of decision to remove an employee . . . will be delivered to the employee and the Union . . . . . . . . "5. . . . "b. Arrange as soon as possible . . . a meeting of the Union and the affected employee(s) . . . for the purpose of resolving the grievance. . . . " (G.C. Exh. 2.) The informal discussion stage of the negotiated grievance procedure appears to contemplate discussion by the grieving employee and the immediate supervisor without notice to the Union unless the employee wants Union representation (I express no opinion as to the effect of Sec. 14(a)(2)(A) on the informal discussion since this issue is not before me). Step One of the formal grievance procedure contemplates consideration of statements of the Union only "if the employee is represented by the Union"; directs "such investigation and interviews" as the reviewing authority deems "necessary to resolve the Complaint." Meetings within the meaning of Office of Program Operations, Field Operations, Social Security Administration, San Francisco Region, supra, may well occur and, as noted previously, Respondent concedes an obligation to give notice to the Union and an opportunity to be present during formal discussion of a grievance; however the negotiated grievance procedure, neither in Section E 2 nor in Section F b, Step One, addresses specifically either notice to the Union or the right of the Union to be present in the absence of any meeting or discussion, and the right conferred by Sec. 14(a)(2)(A) does not attach in the absence of a meeting or discussion of the grievance. Of course, not every breach of contract constitutes an unfair labor practice and, here, I find no clear breach of contract much less such egregious conduct as to constitute an unfair labor practice. See, Harry S. Truman Memorial Veterans Hospital, Columbia, Missouri, 11 FLRA No. 90, 11 FLRA 516 (1983); Iowa National Guard and National Guard Bureau, 8 FLRA No. 101, 8 FLRA 500 (1982). Obviously, where notice to the Union was desired, the negotiated grievance procedure so provided; and where a meeting was mandated, the negotiated grievance procedure also so provided. Sec. 21(b)(3)(B) simply requires that any negotiated grievance procedure shall, inter alia, assure the exclusive representative " . . . the right to be present during the grievance proceeding" without providing at what point in the grievance proceeding the exclusive representative shall have the right to be present; and Respondent's construction and interpretation of the negotiated procedure to mean that the Union's right to be present at an individual's grievance attaches only when there is a meeting or discussion, as required by Sec. 14(a)(2)(A), is not unreasonable but, to the contrary, is consistent with specific provisions of the negotiated procedure, including, for example, providing written decision "to the employee" (Steps One and Two); consideration of evidence and statement of the Union Representative "if the employee is represented by the Union". Beyond deciding that the record does not show a clear or patent breach of contract which could constitute an unfair labor practice, I express no opinion as to whether Respondent did, or did not, breach its agreement as, " . . . the appropriate avenue for resolution of the dispute is through the parties' mutually agreed upon contractual grievance and arbitration procedure rather than through the unfair labor practice procedures . . . ." Harry S. Truman Memorial Veterans Hospital, supra, 11 FLRA at 519. As Respondent notes in its Brief (Respondent's Brief, pp. 10-11), under the Executive Order, the opportunity to be "present" at any adjustment was read to mean presence at some meeting. See, Local R7-51, National Association of Government Employees, A/SLMR No. 896, 7 A/SLMR 775 (1977); Internal Revenue Service, Memphis Service Center, Memphis, Tennessee, A/SLMR No. 444, 4 A/SLMR 717 (1974). No basis was shown for an independent violation of Sec. 16(a)(1), i.e., the 16(a)(1) violation is premised on the asserted obligation arising from Sec. 21(b)(3)(B). Having found that Respondent did not violate Secs. 16(a)(1) or (8) as alleged, it is recommended that the Authority adopt the following: ORDER The Complaint in Case No. 7-CA-30298 be, and the same is hereby, dismissed.


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Nov 25th 2015
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Buckingham and Rochester:
Reflexively Meant
PERHAPS THE TWO MOST NOTORIOUS OF THE COURT WITS, GEORGE Villiers, duke of Buckingham, and John Wilmot, earl of Rochester, reveal surprising vulnerability through baroque techniques in the midst of neoclassical forms. Both baroquely ventriloquize, displacing onto others emotions that ironically rebound upon themselves. Thus their meaning is ultimately reflective, reflexive.
Buckingham, married to Mary, the daughter of Lord Thomas Fairfax, carried on an infamous affair with Anna-Maria, the countess of Shrewsbury, in the mid-1660s. Finally challenged to a duel by her husband in 1667, the duke ran the earl through. Although the public was scandalized, Buckingham was not, and he outrageously sent his wife back to her father and moved his mistress into Wallingford House with him. She bore him a child, to whom he gave his own name and his own courtesy title at birth, earl of Coventry, and whom, when the son died an infant, Buckingham even more outrageously ordered to be buried in Westminster Abbey.
Although Shrewsbury lived with Buckingham in such a defiant mode for only a short while, it was not until 1674 that the House of Lords, acting on a petition by the earl's teenaged heir, forced the adulterous lovers apart, upon pain of forfeiture of bonds of ten thousand pounds apiece.1 Shrewsbury went to France and returned two years later, marrying another man and returning to Court (Phipps 248n).
One of Buckingham's rare full-length poems is titled "The Lost


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Phone: (515) 448-4767
School Type: Regular
School Level: Middle School
School Status: Operational
School District: Eagle Grove Comm School District
County: Wright
Location: Rural, Fringe
Title I School: Yes
Title I School-Wide Program: Yes
Students: 239
Teachers: 18
Student-Teacher Ratio: 13.3 to 1
Lowest Grade in School: 05
Highest Grade in School: 08
Students by Grade
Grade 5: 60
Grade 6: 57
Grade 7: 65
Grade 8: 57
Corrections to the school database are encouraged! School Edit Form.
Eagle Grove Elementary, IA
(0.1 miles N)
Eagle Grove High School, IA (0.4 miles E)
Clarion-Goldfield Ms, IA (10.5 miles ENE)
Clarion Elementary School, IA (10.5 miles ENE)
Clarion-Goldfield Hs, IA (11.1 miles ENE)
Clarion-Goldfield Alt School, IA
(11.1 miles ENE)
Webster City High School, IA (14.3 miles SSE)
Webster City Middle School, IA (14.7 miles SSE)
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text:
As an old space cadet, I continue to follow the missions of the space shuttle with both hope and foreboding. Its current plight seems to provide a metaphor, in some ways, for the plight in which the United States finds itself in the world today.
The Shuttle is the most complex moving machine ever built by man. Conceived in the 1960s, the current machines are up to 25 years old and weigh 4.5 million pounds at launch. The program has cost over $145 billion as of early 2005. It was built with America's typically unrestrained confidence that it would function virtually flawlessly and with safety for its crew.
Despite the age of the machines and the technology, no other people on the planet yet have had the skill, wealth and will to build such a thing. It is a triumph of engineering to assemble millions of parts into the necessary complexity that permits the machine to function with only two failures in a quarter of a century under the extreme pressures of launch, space, reentry and re-use.
And yet. The safe functioning of this whole magnificent contraption is, at this writing, possibly threatened by the unintended extrusion of a few square inches of material from between a couple of thermal tiles.
Our top aeronautical engineers cannot predict whether such a small extrusion of material may create wind friction, and thus heat, upon reentry that might destroy the shuttle on its return to Earth. So, one of the astronauts has been assigned to take a space walk and try to cut off the material with a small hack saw -- without pulling loose any of the tiles which might, itself, threaten the mission.
It is ironic that such a complex piece of modern engineering might have to rely on an essentially bronze age technology -- the small hand saw -- for its very survival.
But the essential vulnerability of the shuttle -- and perhaps the vulnerability of our American civilizational enterprise itself -- lies in its very nature. In order to be capable of its massive effectiveness, it must be complex. But in its complexity is its vulnerability. So many things must work to keep the leviathan functioning.
Moreover, the growing confidence in our own capacity that emerged within us as we successfully constructed and launched such a complex, powerful and wonderful device may have given us the false confidence that we could continue to operate it indefinitely -- and increasingly on the cheap.
So, too, America since the end of World War II has grown ever more masterful and dominating on the planet. By the fall of Communism at the end of the last century, we stood as the colossus of the ages -- with a sense of ineffable safety and mastery of all we beheld.
Blankley, who had been suffering from stomach cancer, died Saturday night at Sibley Memorial Hospital in Washington, his wife, Lynda Davis, said Sunday.
In his long career as a political operative and pundit, his most visible role was as a spokesman for and adviser to Gingrich from 1990 to 1997. Gingrich became House Speaker when Republicans took control of the U.S. House of Representatives following the 1994 midterm elections.
©Creators Syndicate
Bernie Sanders Champions YUGE Profits for U.S. Corporations (But Only in Cahoots with Communists) | Humberto Fontova
Bush mocks Rubio and his fans: Stop whining that it's "unfair" that you're being attacked by another candidate's Super PAC | Allahpundit


text:
Samuel Fromartz's Zambia research was generously supported by Worldwatch's Nourishing the Planet.
When people discuss the food crises in Africa, the focus is usually on production: "Grow more and the food problem will be solved!" But this argument grossly oversimplifies the forces that lead to global food shortages—and the solutions that could ultimately put food back on the table.
Take Zambia, some 2,500 miles south of where a famine is ravaging East Africa. A country the size of France, Zambia has managed to grow more food than it needs, lifting production 48 percent in 2010 to its highest level in two decades. Aided by rains and generous government fertilizer subsidies, Zambia achieved this feat while maintaining a ban on the genetically modified crops that the "grow more" camp often advocates as the foremost solution to hunger.
Yet this hasn't proven to be the windfall for Zambians that one would expect. Nearly one in five households is chronically short of food; more than half of all rural children suffer from stunting, a symptom of malnutrition. In short, surplus production has not provided food for those who need it most.
The same problem exists on a global scale. We produce more than enough food to feed the world's population, yet nearly a billion people are going hungry. One oft-cited study found that of the 4,600 kilocalories of food produced for each person globally, only 2,000 were consumed. Food waste alone, in the vast chain from field to plate, consumes almost 40 percent of what is produced. Yet technocrats and agribusiness promoters point to new seeds and herbicides as necessary to bolster production, while ignoring how much is often lost after a harvest.
The "grow more" mantra has led the way since the outset of the Green Revolution in the 1960s, which sought to address global hunger. Aside from boosting production, it helped create vital new markets for agro-industrial firms, which sell the seeds, fertilizers and pesticides that underlie crop intensification. But it has also come with environmental and social costs, whether measured as massive water use, oceanic "dead zones" from nitrogenous pollution, pesticide poisonings or farmer indebtedness. Seed breeding and technology should be viewed as one set of tools, along with considerations like prices, support networks, trading arrangements, transportation and food waste. A laserlike focus on increasing production fails to take into account the larger agricultural context: where and how farmers get seed and fertilizers and how much they pay; whether farmers know the best growing method; whether there are viable markets in which to sell the crop; whether prices are fair and transparent; and whether farmers make enough money to eat, send their kids to school and, perhaps, lift themselves out of poverty. Addressing those issues—and not food production alone—brings food to hungry people.
* * *
Looking out the window during the final leg of the flight to Zambia—a trip that takes roughly twenty hours from the United States—the country appears lush, endowed with rivers, forests and farmland. But the view from the air can be deceptive.
During the early part of the harvest in 2010, speculation was mounting about a crash in corn prices, especially during the dry months from June to August. "A tidal wave of maize will be hitting the market," Rob Munro, a senior market development adviser for USAID, told me in Lusaka, Zambia's capital city. The government was fretting about what to do with all this food. Zambia already had a 600,000-ton surplus from the 2009 harvest, a portion of which was still sitting in warehouses. The surplus for 2010 was projected to be 1.1 million tons. Since the government doesn't have enough money to mop up all the excess, the grain that isn't purchased is subject to rock-bottom market prices. The result: the farmers growing this food can end up penniless and hungry.


text:
605687 Views Previous 1 2 3 … Next 216 Replies Latest reply: Jan 6, 2016 4:15 PM by Pinklabelboutique
AshishRaj Jul 20, 2010 9:18 PM
in response to whitby HelpfulEven I am facing the same exact problem. I was about to call up the Apple support. I am trying o update/install some free apps but itunes is still asking me to enter my billing info.
Why does Apple need my billing info even for free stuffs? Is this yet another bug from Apple???
gavdana Jul 21, 2010 1:48 PM
in response to whitbyHere's another "Same Here" post. Every time I try and update an app on ANY of my devices, I have to go through the process of re-entering my debit card's CVN. This is becoming quite an annoyance. The explanation is always "This account has been accessed by a new device," when it has not.
This verification places a temporary $1.00 hold on my checking account EACH TIME. Please help!
apixel Jul 21, 2010 5:31 PM
in response to whitbySame here.
I'm just worried there aren't more of us complaining, so maybe it's not everybody.
tercanb Jul 21, 2010 5:59 PM
in response to whitbyWell, it is happening to me also, each time I try to "install" a free app. It is definitely a pain.
sticboy Jul 21, 2010 11:21 PM
in response to whitbyI'm having this exact same issue on both my iPhone 3GS with ios4 and iPad. it won't let me download any updates from my devices.
Kingredmer Jul 22, 2010 6:26 AM
in response to sticboySame problem for me. Mine and my sister's ip4 keep saying this. But when I fill out my security code it doesn't download my updates. So I go back to the AppStore and do it all over again. I hope it's not charging $1 every time. I have no money in that account lol.
SimonBelgium Jul 22, 2010 6:52 AM
in response to KingredmerI also have the same problem. I don't even bother filling out my card security code, just click confirm, then I can download the updates, but it's a pain in the you-know-what.
gavdana Jul 22, 2010 6:53 AM
in response to whitbyApple Mods or Genius ... any help here?
gavdana Jul 22, 2010 6:55 AM
in response to whitbyApple Mods ... any help here? We love you and are tired of punching in CVN numbers.
DirtyJerzey Jul 22, 2010 7:31 AM
in response to whitbyI've been jumping through the hoops with Apple Support on this issue....first time I called they said I should try updating from IOS 4.0 to 4.1....tried that and the issue still persisted...then I called back to update the ticket and get the next steps...they said that the Bank is rejecting the request for verification and that is why it keeps prompting (which doesn't make sense since the confirmation seems to go through successfully). The rep also contacted the iTunes dept and had them run the verify manually and said the bank rejected it. The next hoop they want me to jump through is calling the bank to verify that the account is in good standing and inquire about the rejected requests. I'm fairly certain the bank account is in good standing....will verify of course....but I find it hard to believe that all the people who have posted here, plus countless others that are experiencing the same issue but haven't, are ALL having banking issues in the last 24hrs...I'm more convinced there is a disconnect on the back end between iTunes and Financial institutions...
I'm not sure I buy in to everything I was told...he also told me he has had several calls on this issue and they were all told to check with their banks. He could not verify that any of his past calls were resolved. Needless to say I'm not 100% believing everything he told me....weak response from Apple support on this issue so far.
jgmarcel Jul 22, 2010 9:33 AM
in response to whitbyI have been facing the very same problem since last week. Coincidentally (or not), I started seeing the message the day I activated a new iPad. My billing info indeed changed last month, but I have already made many purchases without a problem since then. Anyway, I have just had it checked with my bank and they reassured me that everything is perfectly fine on their side. Any progress with Apple Support?
whitby Jul 22, 2010 10:33 AM
in response to whitbyApple support just tells me to delete the payment information and re-enter it. This has not helped in the past (I tried this 4 times) so I changed the card I was using. The original credit card issuer verified that there were no issues and they were authorising all transactions as per normal i.e. there were no holds on my card of any kind.
One thing that may cause this is that repeated requests to authorise $1 transactions can trigger a security alert with the card issuer. They will then hold requests for such transactions. I had one of these a week ago, but I assumed that everything was clear thereafter since I chatted with the security people at the issuer to confirm that the $1 transaction was legitimate. Note that stolen credit numbers are often checked by placing a request to authorise a small amount, a practice that the credit card issuers are aware of. Thus the security hold is legitimate and protects the user. Apple may not have taken this into account.
I have not made any purchases on my iPad or iPhone to confirm that the repeated request to reverify payment does or does not occur. Will get back when I try. However if the card issuer puts a security alert on the transactions and holds up authorisation, it may trigger the whole thing again.
It does look as if the new security arrangements introduced by Apple are causing significant issues.
jgmarcel Jul 22, 2010 11:00 AM
in response to whitbyHi! Thank you very much for your helpful and detailed input. Indeed, there have been many of those $1 transaction authorizations since I started receiving the verification requests. I will check again with my card issuer to see if such transactions may have posed a problem. If that is really the case, what should be done in order to prevent it from affecting our accounts again?
TomDaRuler Jul 22, 2010 3:47 PM
in response to jgmarcelWas having same problem, almost smashed my iphone into 1,000 pieces.
I downloaded the 2 apps that needed updated in itunes then synced. After that, I downloaded an app that gave me problems before, and it was all gone.
hope this helps.


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treatment for coronary artery disease consists primarily of making lifestyle
changes that improve your heart health. Becoming or staying physically active
and making conscious decisions about what foods you eat are choices that give
you a great deal of control over whether you develop CAD or whether existing
CAD leads to a heart attack. The heart is a muscle. Like any other muscle, it
responds favorably to physical conditioning. Physical activity keeps stress in
check and helps your heart work more efficiently so that it takes less cardiac
effort to circulate blood through your body.
addition to regular exercise and a healthy diet, there are some nutritional
supplements that can help reduce your risk of CAD.
Omega-3 fatty acids, derived from fatty fish, are thought to
reduce inflammation in your body. Inflammation is a contributing factor in
heart disease. Omega-3 fatty acids may also decrease triglycerides, lower blood
pressure, and boost immunity. Eating two servings per week of cold-water fatty
fish such as salmon, herring, or mackerel appears to reduce your risk of heart
Omega-3 fatty acids can also be found in flax and flaxseed oil,
walnuts, canola oil, soybeans, and soybean oil. The amount of omega-3 fatty
acids in these foods is less than in fish. Evidence of the heart benefits from
eating these foods is not as strong as the evidence for eating fish.
Omega-3 fatty acids can also be taken as a supplement. Talk to
your doctor before taking any supplements. High doses of omega-3s can increase
your risk of bleeding problems, especially if taken with blood-thinning
Phytosterols are found in unrefined vegetable oils, whole grains,
nuts, and legumes. Eating foods enriched with at least 0.8 grams of plant
sterols or stanols daily can reduce your LDL (bad) cholesterol. Lower LDL
levels help to reduce your risk of CAD.
Current research indicates that vitamin D might be beneficial in
reducing your risk of heart disease. Low levels of vitamin D have been linked
with increased risk of heart disease. How much vitamin D you should take is not
clear. Some doctors are recommending as much as 1,000 to 2,000 IU per day. You
should talk to your doctor before taking vitamin D supplements. Too much
vitamin D can cause you to absorb too much calcium, which can cause kidney
stones or damage.
It is a good idea to eat foods rich in vitamin D. Foods that
contain vitamin D include:
Alternative treatments have not been proven to be effective. Some
can be used in conjunction with your medical treatments. Some may interfere
with your medical treatments. Always talk to your doctor before beginning any
alternative treatment for CAD.


text:
Perrine's Sound and Sense An Introduction to PoetryAuthor:
Arp, Thomas R., Johnson, Greg
Edition: 12
Pub Date: 2007
Publisher: Thomson Learning
Summary: A best-selling introduction to poetry for more than 50 years, PERRINE'S SOUND AND SENSE succinctly covers the basics of poetry with unique chapters on evaluating poetry, exemplary selections, and exercises that invite students into careful study. Thomas R. Arp and Greg Johnson have assiduously continued the Perrine tradition over several recent editions. Every chapter introduction in this compact and concise antholog...y bears the mark of Laurence Perrine's crisp, clean, and descriptive prose, and every poem selected as an example is not only a perfect illustration of the concept at hand, but a remarkable work in its own right. [read more]
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Pub Date: 2007
Publisher: Thomson Learning
Edition: 12th
Pub Date: 2007
Publisher: Thomson Learning
Valore Books is a student's number one resource for cheap Perrine's Sound and Sense An Introduction to Poetry rentals, or used and new condition books that can be mailed to you in no time.
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Convert in PST File Format 14.09
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Learn How to Think PositivelyGlenn Harrold
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How to switch to full screen in Excel ?
This article compares two ways of getting full screen mode in Excel, which can be helpful for you to expand the work area flexibly.
- Full Screen Mode in Excel
- Switch to full screen and other two types of screen view with Kutools for Excel
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Full Screen Mode in Excel
The full screen mode of Excel will hide the ribbon, status bar, and the formula bar.
In Excel 2007/2010, Click on the View tab and click Full Screen in the Workbook View group. See screenshot:
In Excel 2013, click on the View tab and uncheck all types in the Show group to make the screen full. See screenshot:
Switch to full screen and other two types of screen view with Kutools for Excel
The third party add-in Kutools for Excel can help get 4 options to maximize the Excel work area. The options appear as a floating bar in the upper right space of the window. The Options are as follow:
Kutools for Excel: with more than 120 handy Excel add-ins, free to try with no limitation in 30 days. Get it Now
After installing Kutools for Excel, you can quickly switch to full screen view by applying Work Area.
Please apply the utility by clicking Kutools > View > Work Area. See screenshots:
As soon as clicking Work Area, Excel will be switched to the full screen view which hides formula bar, status bar and ribbon, see screenshot:
Note: you also can click the last icon to switch to this type of screen view.
In addition to this type of screen view, you also can switch to other two types of screen view by applying Work Area of Kutools for Excel.
Click the second icon to hide status bar,see screenshot:
Click the third icon to hide status bar and formula bar, see screenshot:
If you want to stop or exit this utility, just click the first icon in the Work Area Size, it will return to the normal view.
More detail information about Work Area, go to Work Area Size.
Is your problem solved?
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OWASP Netherlands
Welcome to the Netherlands chapter homepage.
Click here to join the local chapter mailing list.
OWASP Foundation (Overview Slides) is a professional association of global members and is open to anyone interested in learning more about software security. Local chapters are run independently and guided by the Chapter_Leader_Handbook. As a 501(c)(3) non-profit professional association your support and sponsorship of any meeting venue and/or refreshments is tax-deductible. Financial contributions should only be made online using the authorized online chapter donation button. To be a SPEAKER at ANY OWASP Chapter in the world simply review the speaker agreement and then contact the local chapter leader with details of what OWASP PROJECT, independent research or related software security topic you would like to present on.
to this chapter or become a local chapter supporter.
Or consider the value of Individual, Corporate, or Academic Supporter membership. Ready to become a member?
Provisional 2014 Chapter Event Calendar
- Slide Decks from past Chapter meetings can be downloaded from the Past Events page.
Other OWASP Events
Call for Presentations
Stay in contact:
- Our structural Chapter and OWASP Benelux Days 2013 supporters
Provisional Chapter Event Calendar 2014
| January 31st, 2013
The Netherlands Chapter is supported by the following board:
Our goal is to professionalize the local OWASP functioning, provide in a bigger footprint to detect OWASP opportunities such as speakers/topics/sponsors/… and set a 5 year target on: Target audiences, Different events and Interactions of OWASP global – local projects.
Chapter Sponsoring
OWASP Netherlands is looking for organizations to sponsor our chapter. If you are interested in sponsoring the Netherlands chapter please contact us via email: netherlands 'at' owasp.org.
If you would like to donate to our chapter, please use the PayPal link at the top of this page.
Call for Speakers
We are continuously looking for speakers.
Call for Location
For the OWASP Netherlands chapter meetings to come, we are continuously looking for locations! Most preferable, the location is good accessible with public transport and by car. Free parking should be provided. What do we expect:
Interested in sponsoring a local chapter meeting, please send an email to: netherlands 'at' owasp.org


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1st Beta: 30 hcg, 9.7 prog
2nd Beta: 157 hcg, 11.5 prog
Yay for the doubling hcg! The doctor started me on progesterone supplements to help raise my progesterone levels.
Hopefully they'll call back soon and let me know how long I should take them and when to set up my initial appointment. I'm ready for that! I don't think we'll be telling anyone but close family until I get an ultrasound pic :).


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At Hilton, dining options are designed with you in mind. Start the day with a hearty breakfast or nutritious light bite; savor innovative dishes prepared with only the freshest ingredients, or simply relax with a cup of coffee in the hotel lounge. From business brunches to pre-dinner drinks and everything in between, the options at Hilton are catered especially for you.
Mingle with fellow guests at this celebrated open-plan Athens restaurant, the Byzantino. Experience mouth-watering aromas from the spectacular open kitchen and enjoy Mediterranean buffets, Greek specialties, à la carte dishes and the Sunday Family Lunch with a kid's buffet and kid's corner. The Byzantino Restaurant at Hilton Athens is open year-round for breakfast, lunch and dinner, offering authentic Mediterranean food in a chic and modern ambience.
To book a table, please call +30-210-7281400.
Book a Table Online
Chic and stylish, the rooftop Galaxy Restaurant & Bar at the Hilton Athens hotel offers superb views of Athens and the Acropolis. Experience a night like no other under the stars at this glamorous bar with its galaxy ceiling - full of colorful explosions, sparkling stars, and glowing planets. Galaxy's unique setting, stylish cocktails and delicious finger food make this bar a popular Athenian meeting point. Discover a unique dining experience where authentic Mediterranean cuisine is fused with an international flair. Enjoy premium meat cuts, savor a wide variety of sushi and taste delicious seasonal salads in an unbeatable environment overlooking the city of Athens.
Galaxy has been recently ranked as one of World's 10 Best Rooftop Bars by Premier Traveler magazine.
Food is served 7.30 p.m. - 1:00 a.m. Sunday to Thursday and 7.30 p.m. - 1:30 a.m. on Fridays and Saturdays.
Reservations: Tel. +30 210-7281402
Book a Table
Galaxy Restaurant & Bar Menu (PDF)
Enjoy the best of Greek cuisine or a thick-cut aged steak at this chic Athens restaurant. With subtle earthy décor and soft lighting, Milos Restaurant is a favorite of local celebrities and guests at the Hilton Athens hotel. Try fresh Aegean seafood or the Milos special - fried zucchini and eggplant with tzatziki.
ReservationsTel. +30 210-7244400
Dine outdoors at this poolside restaurant and bar at the Hilton Athens hotel. Choose Mediterranean cuisine or snack on pasta or burgers. Cool down with a smoothie at the smart glass bar of this Athens restaurant or just take in the views from the modern wood and marble deck.
ReservationsTel. +30(0)210-7281405
*Open from May until October
Relax in a sophisticated setting with snug couches, wooden floors, diffused lighting and LCD TVs. Choose from a wide selection of drinks, and treat yourself to a healthy sandwich or a homemade dessert. Check your emails with complimentary WiFi at Connectivity Station while enjoying coffee. Located in Hilton Athens' lobby, the Aethrion Lounge is a favorite meeting place among high-profile Athenians. This idyllic venue is the perfect spot for a coffee or lunch break.


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Tag: singapore river
Down the Singapore Riverwritten by dotdotdot on 2010-03-05 in #world #locations
The mouth of the Singapore River was the old Port of Singapore, being naturally sheltered by the southern islands. Historically, the city of Singapore initially grew around the port so the river mouth became the centre of trade, commerce and finance. To this day, area around the old Singapore River mouth, the Downtown Core, remains the most expensive and economically important piece of land in Singapore. At one time, Singapore River was the very lifeblood of the colony, the trade artery, the center of commercial activity, the heart of entrepot trade, the vessel of importance, the capillaries of life.3 9 Share Tweet
Clarke Quaywritten by deniselai on 2009-09-01 in #world #locations
Set amidst a backdrop of old shop houses, you can savor the many delights of Chinese, Italian, Mediterranean and local cuisine. When the sun goes down, you don't have to look far to discover some of the city's trendiest nightspots.7 2 Share Tweet
Perfect Combination: The Olympus Trip 35 Meets Lomography Color Negative 800 Color Film for a Night Outwritten by uncle_jay on 2013-02-18 in #lifestyle
Just because a camera only has a limited ISO range doesn't mean you can't use a higher rated ISO film. In fact, it can be just the right combination depending on your type of photography.2 7 Share Tweet


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Never trust a man who speaks well of everybody.
John Churton Collins (1848 - 1908)
Contributed by: Zaady
In prosperity, our friends know us; in adversity, we know our friends.
To profit from good advice requires more wisdom than to give it.
There is often less danger in the things we fear than in the things we desire.
Copyright © 2016 Gaiam, Inc.


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January 16, 2008
Top 25 Countdown: No. 17 Long Beach St.
Kendall Rogers
Rivals.com College Baseball Editor
Even with lowered expectations last season, the Dirtbags managed to surprise.
After finishing second in the Big West, the Dirtbags were awarded a Regional host. Though they were unable to get past Illinois-Chicago and UCLA, the stage was set for 2008.
The Beach enters the spring with high hopes.
The offense has some questions to answer, while the pitching staff is in great shape with Andrew Liebel and Vance Worley leading the charge.
The Dirtbags are also led on the mound by veteran reliever Bryan Shaw and newcomer Nick Vincent, among others.
For the offense to be productive, key hitters Danny Espinosa, Shane Peterson and Brandon Godfrey must step up.
Like most teams, the Dirtbags have some questions to answer. However, they should be an Omaha contender if the pitching staff meets expectations and the offense improves.
The Dirtbags could use more overall production, but are still in good shape with Danny Espinosa, Shane Peterson and Brandon Godfrey leading the way.
Espinosa is one of the nation's most highly touted players and is coming off a productive sophomore campaign. In 2007, he batted .319 with seven homers and 38 RBIs. He also had a .519 slugging percentage and a .415 on-base percentage.
Peterson finished last season with a .327 batting average. He also hit four homers and knocked in 40 runs. Godfrey, who is making the move from first base to third base, batted .333 last season.
Besides the Big Three, the Dirtbags are looking for increased production from Jason Tweedy, Chris Nelson and Jason Corder.
Tweedy batted just .234 last season, while Nelson and Corder each hit under .281.
Also keep an eye on newcomers Rylan Sandoval and Zach Barger.
Sandoval had impressive numbers at Chabot CC last season, while Barger hopes to finally become a consistent contributor.
Starting pitching
Having a productive offensive lineup and a stable weekend rotation are the two most important factors of winning.
Long Beach State has both bases covered.
The Dirtbags still aren't sure who will start on Sundays, but the Friday and Saturday slots are in good hands with veterans Vance Worley and Andrew Liebel leading the charge.
Worley is outstanding when healthy and finished last season with a 1-2 record and a 3.64 ERA in 54 1/3 innings of work. He also struck out 38 and walked 12.
Liebel was a reliever and starter last season. The right-hander went 9-3 with a 2.84 ERA in 101 1/3 innings of work. He also struck out 59 and walked 19, while opponents hit .257 against him.
The Sunday slot has come down to newcomers Tyler Topp and Jake Thompson.
Topp is more experienced and is coming off a sensational sophomore campaign at Riverside CC. Meanwhile, Thompson has incredible upside and skipped his high school senior season to join the Dirtbags.
Teams that experience a wealth of success generally have deep pitching staffs. If history is any indication, Long Beach State is in great shape.
The Dirtbags have a talented weekend rotation, but the bullpen is their strongest suit.
The Beach is led by junior right-hander Bryan Shaw, who finished last season with 11 saves and a 2.39 ERA in 49 innings of work. He also struck out 44 and walked 21.
The Dirtbags are also eyeing newcomer Nick Vincent as a potential closer. Vincent finished last season with 77 strikeouts and 19 walks in 97 1/3 innings of works.
Besides Shaw and Vincent, the Dirtbags expect significant innings from Manny McElroy and Arizona transfer Brett Lorin.
McElroy battled an injury last season, but still finished the year with a 4.25 ERA in 59 1/3 innings of work. Lorin, a sophomore, allowed 14 hits in just 9 2/3 innings of work for the Wildcats.
Other pitchers to watch include David Roberts, Dustin Rasco, Adam Wilk and newcomer David Born.
Shoes to Fill
Unlike many teams, Long Beach State enters the spring with few holes to fill.
Most importantly, the Dirtbags must adequately replace outfielder Robert Perry, second baseman Matt Cline and pitcher Omar Arif.
Perry was the table setter last season and ended the year with a team-leading .335 batting average with six homers and 52 RBIs. He also slugged .496 and had a .408 on-base percentage.
Cline, another veteran, hit .312 with 25 RBIs. He also had a .408 on-base percentage and was 9-for-13 in stolen bases.
On the mound, The Beach must replace talented left-hander Omar Arif. He finished 2007 with a 6-5 record and a 2.99 ERA in 78 1/3 innings of work. He also struck out 40 and walked 23, while opponents hit him at a .275 clip.
Replacing Perry, Cline and Arif could be tough, but the Dirtbags don't have much to worry about.
Must Step Up
Long Beach State welcomes back talented hitters Danny Espinosa, Brandon Godfrey and Shane Peterson. But if they want to have one of the nation's most productive lineups, others must rise to the occasion.
The Dirtbags are looking for more production from TJ Mittelstaedt, Travis Howell, Jason Corder, Chris Nelson and Jason Tweedy.
Mittelstaedt finished last season with a .296 batting average and just eight RBIs, while Howell hit .283 with two homers and 24 RBIs. Additionally, Corder and Nelson each hit under .281.
Tweedy needs to step up the most. The senior second baseman - who replaces Matt Cline - hit .231 with a home run and 21 RBIs last season.
The Dirtbags have few question marks, but some offensive contributors must increase their production.
Impact Newcomer
The Dirtbags welcome back several players, but also look forward to having many newcomers in the mix.
With the return of a veteran offensive lineup, the Dirtbags don't need much help. However, JUCO transfers Zach Barger and Rylan Sandoval are expected to be immediate contributors.
Barger has had an interesting road. He began his collegiate career at Long Beach State, but transferred to Grossmont CC for his sophomore season. The junior then transferred back to Long Beach before being redshirted last season.
Sandoval brings an impressive resume to the table. The hard-hitting junior hit .396 with eight homers and 54 RBIs at Chabot CC last season. He also had an impressive .637 slugging percentage.
While Barger and Sandoval highlight the offensive newcomers, potential weekend starters Tyler Topp and Jake Thompson, and reliever Nick Vincent do the honors on the mound.
Topp had a 3.50 ERA in 105 1/3 innings of work at Riverside CC last season. He also has exceptional command of his fastball and can throw four pitches for strikes.
Another interesting story, Thompson skipped his senior season to enroll at Long Beach State. Thompson is somewhat inexperienced, but has great command of his changeup. He's also a power pitcher.
Vincent will also be a key contributor. The talented junior was a starter at Palomar CC last season, but will join returnee Bryan Shaw at the back end of the bullpen.
Kendall Rogers is the college baseball editor for Rivals.com. He can be reached at firstname.lastname@example.com.
Rivals.com is counting down our Preseason Top 25. Coming tomorrow: No. 16.
Talk about it in the collegebaseball Message Boards
College Baseball News
Gamecocks repeat as national champs
Top 25 Countdown: No. 19 Coastal Carolina
Preview: Big East continues to make progress


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Modern-face ROMANS
'The whole question of the evolution of roman from old face to modern face is largely a question of technique, rather than the rejection of one design for another on a definite principle. In typography we shall find that mechanical improvements in the printing press and changes in the texture of paper allowed the engraver of types to produce effects which would have been impossible in the early days. It was useless for a Garamond to cut a delicately modelled serif which the processes of reproduction available would have obscured.'1
Though founders were forbidden to copy the romain du roi many of them did so, but because of the fear of prosecution the plagiarists did not go as far as Grandjean himself in transforming the old-face design. Mr Johnson says that 'thin, flat serifs and vertical shading in capitals are frequently found in the first half of the eighteenth century, when the lower-case was still in the state of transition.'2 See the example on the opposite page.
It has been said that Grandjean's romain du roi foreshadowed the modern face, but, in fact, it was a greater step towards the full development of that face than appears from the works in which it was first used. For this reason: Grandjean's type was well in advance of the printing techniques of his day. It needed the improved printing presses & wove____________________


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Learn how MacUpdate Desktop can install apps on MacUpdate with the simple click of the icon. Plus, keep all your apps updated.
BatchPhoto is a powerful all-in-one photo manipulation program for Mac and PC that lets photographers, Web designers, business people, and families enhance photos quickly and efficiently.
Do you have hundreds of photos on your Mac waiting to be sorted out and edited? With BatchPhoto Pro, it doesn't matter if you have just a few or thousands of them, it will be just as easy and fast to edit them! Instead of enhancing and adjusting pictures individually, BatchPhoto Pro lets you select a group of images, define a series of edits, and apply them in a single operation.
Transform and Adjust
- Resize more...
What's New
- Full support for OS X El Capitan
- Support for Retina displays in BatchPhoto Monitor
- Improvements to the drag & drop feature in the Comment, Date, Watermark*, Resize, and Crop filters
- The option to pause the photo processing, very useful when processing thousands of photos in one session
- Date - Fully customize the appearance of the stamp with new more...
- OS X 10.7 or later


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Stay Connected. Manage Your Care.
Access your health information anytime and anywhere, at home or on the go, with MyHealth.
- Message your clinic
- View your lab results
- Schedule your next appointment
- Pay your bill
The MyHealth mobile app from Stanford Health Care puts all your health information at your fingertips and makes managing your health care simple and quick.
Guest Services
We are available to assist you
whenever you need it. Give us a call at
650-498-3333 or
Have a question? We're here to help! Call 1-866-742-4811
Monday - Friday, 8 a.m. - 5 p.m.
Fax 650-320-9443
Track your patients' progress and communicate with Stanford providers conveniently and securely.
Sean Wu
Professional Education
- Board Certification: Cardiovascular Disease, American Board of Internal Medicine (2005)
- Fellowship: Massachusetts General Hospital (2005) MA
- Residency: Duke University Medical Center (2001) NC
- Medical Education: Duke University School of Medicine (1999) NC


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Oklahoma City Barons: Rookie defenseman Justin Schultz named AHL Player of the Week
Oklahoma City Barons rookie defenseman Justin Schultz was named American Hockey League Player of Week on Monday. The former University of Wisconsin star collected four points, including three goals over a two-game span. Schultz had two short-handed goals Friday in Oklahoma City's a 5-2 victory over San Antonio at the Cox Center. Schultz, 22, is expected to be an immediate call up by the Edmonton Oilers once the NHL lockout ends.


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Key things you need to know aboutDr. Kuye:
Dr. Kuye's Experience
Research training, expertise and qualifications
Dr. Kuye's Specialties
- Internal Medicine
More About Dr. Kuye's Background
Hospital Quality
The right hospital is as important as the right doctor
- Valley Baptist Medical Center - Harlingen
- 2101 Pease St
- Harlingen, TX 78550
- Harlingen Medical Center
- 5501 S Expressway 77
- Harlingen, TX 78550
9 Facts About Hospital Quality
Patients' risk of dying during a hospital stay for heart bypass surgery could be 87.4% lower, on average, at a hospital rated 5 stars compared to a hospital rated 1 star for that procedure. Choosing the right hospital is critical to your health. View Slideshow
Patient Satisfaction
Patients' feedback on their experience with Dr. Kuye
Likelihood of recommending Dr. Kuye to family and friends is 3.2 out of 5 5 1 12
See More Survey Results
8 Facts About Patient Satisfaction Surveys
Patient satisfaction surveys provide a standardized way of reporting about healthcare experiences. But there can be more than meets the eye when reviewing scores. Here's what you should know
Appointments & Offices
Check insurance plans, locations and make an appointment
Accepting new patients?
- Yes
- Cano Medical Center
- Harlingen Office
- 2401 N Ed Carey Dr Ste A
- Harlingen, TX 78550
- (956) 425-9181
- Directions
- Prepare for Your Appointment
7 Tips to Prepare for Your Appointment
The key to a successful appointment is communication. To get the most out of your visit, prepare ahead of time so you can lead the conversation with your doctor. These 7 tips will get you ready
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