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RIALTO POLICE BENEFIT ASSOCIATION, Plaintiff and Respondent, v. CITY OF RIALTO, Defendant and Appellant; County of San Bernardino, Real Party in Interest and Respondent.
This case presents an issue of first impression: Is a city's decision to enter into a contract with the county sheriff for law enforcement services, rather than continue to provide such services through the city's own police department, subject to the meet and confer requirements of the Meyers-Milias-Brown Act (MMBA) (Gov.Code, § 3500 et seq.)? We answer the question in the affirmative, and we therefore affirm the trial court's decision on the issue.
The City of Rialto (City) is a general law city, and its city council (City Council) is its elected policy-making body, responsible for policy oversight of City operations. The Rialto Police Department (RPD), headed by a police chief, serves as the law enforcement arm of the City. The Rialto Police Benefit Association (RPBA) is the exclusive representative of a bargaining unit consisting of all of the police officers and most of the civilian personnel employed by the RPD.
From January 2004 through the end of December 2005, the City and RPBA were parties to a Memorandum of Understanding (MOU). In September 2005, the City administrator submitted a staff report to the City Council recommending that the City Council accept the proposal of, and authorize the execution of, a contract with the San Bernardino County Sheriff's Department (Sheriff's Department) to provide all law enforcement services for the City. On September 13, 2005, the day of the meeting at which the City Council would vote on how future law enforcement services would be handled for the City, the City delivered a letter to the RPBA and offered to meet and confer on the effects of the potential decision to contract with the Sheriff's Department, but not on the decision itself.
Hours later, after public comment and council discussions, the City Council voted to cede authority over law enforcement to the Sheriff's Department. The RPBA filed a complaint and petition for writ of mandate seeking to compel the City to meet and confer with regard to the decision to contract with the Sheriff's Department and sought preliminary and permanent injunctive relief barring the City from entering into the contract.
The RPBA moved for a temporary restraining order (TRO) and an order to show cause regarding the preliminary injunction. The City opposed the motion. Following a hearing, the trial court granted a TRO enjoining the City from implementing a contract with the Sheriff's Department for law enforcement services.
Following a later hearing, the trial court issued a preliminary injunction to the same effect as the TRO. On November 14, 2005, the trial court held a hearing on the merits. Thereafter, the trial court granted a writ of mandate setting aside the City Council's decision and directing the parties to meet and confer to discuss the issues.
After meeting and conferring pursuant to the judgment and writ, the City ratified and entered into a new two-year MOU with the RPBA. The City agreed not to contract out law enforcement services, at least during the term of the new MOU.1
The City filed a petition for writ of mandate in this court in case No. E039381. We denied that petition.2
Other facts are set forth in the discussion of the issues to which they pertain.
A. Standard of Review
This appeal presents a question of law-the interpretation and application of the Meyers-Milias-Brown Act (Gov.Code,3 § 3500 et seq.)-and does not turn on the resolution of disputed facts. Thus, the issues raised in this appeal are subject to de novo review by this court (see Usher v. County of Monterey (1998) 65 Cal.App.4th 210, 216, 76 Cal.Rptr.2d 274), and we are not required to give deference to the trial court's ruling or the reasons for its ruling (see Rodriguez v. Solis (1991) 1 Cal.App.4th 495, 502, 2 Cal.Rptr.2d 50).
B. Analysis
Labor relations between the City and the RPBA are governed by the MMBA, and under the MMBA, the City and the RPBA have a duty to meet and confer over matters within the scope of representation as defined in section 3504. (§ 3505.) However, "[e]ven if the parties meet and confer, they are not required to reach an agreement because the employer has 'the ultimate power to refuse to agree on any particular issue.' [Citation.]" (Claremont Police Officers Assn. v. City of Claremont (2006) 39 Cal.4th 623, 630, 47 Cal.Rptr.3d 69, 139 P.3d 532 (Claremont Police Officers ), quoting Building Material & Construction Teamsters' Union v. Farrell (1986) 41 Cal.3d 651, 665, 224 Cal.Rptr. 688, 715 P.2d 648 (Building Material )).
Matters within the scope of representation include, among other things, "wages, hours, and other terms and conditions of employment." (§ 3504.) But the "merits, necessity or organization of any service or activity provided by law or executive order" are excepted from the meet and confer requirement. (§ 3504; see also Claremont Police Officers, supra, 39 Cal.4th at p. 631, 47 Cal.Rptr.3d 69, 139 P.3d 532.)
As the court in Claremont Police Officers noted, "The definition [s] of 'scope of representation' and its exceptions are 'arguably vague' and 'overlapping.' [Citations.] ' "[W]ages, hours and working conditions," ․ broadly read could encompass practically any conceivable bargaining proposal; and "merits, necessity or organization of any service" ․ expansively interpreted, could swallow the whole provision for collective negotiation and relegate determination of all labor issues to the city's discretion.' [Citation.]" (Claremont Police Officers, supra, 39 Cal.4th at p. 631, 47 Cal.Rptr.3d 69, 139 P.3d 532.)
Thus, in Building Material, supra, 41 Cal.3d at page 663, 224 Cal.Rptr. 688, 715 P.2d 648, the court established a balancing test for determining whether a meet and confer requirement applies to management decisions. (See also Claremont Police Officers, supra, 39 Cal.4th at p. 637, 47 Cal.Rptr.3d 69, 139 P.3d 532 [holding that the same test applies to the implementation of fundamental managerial and policy decisions].) The court in Claremont Police Officers set forth that test as follows: "First, we ask whether the management action has 'a significant and adverse effect on the wages, hours, or working conditions of the bargaining-unit employees.' [Citation.] If not, there is no duty to meet and confer. [Citations.] Second, we ask whether the significant and adverse effect arises from the implementation of a fundamental managerial or policy decision. If not, then, as in Building Material, the meet-and-confer requirement applies. [Citation.] Third, if both factors are present-if an action taken to implement a fundamental managerial or policy decision has a significant and adverse effect on the wages, hours, or working conditions of the employees-we apply a balancing test. The action 'is within the scope of representation only if the employer's need for unencumbered decisionmaking in managing its operations is outweighed by the benefit to employer-employee relations of bargaining about the action in question.' [Citation.] In balancing the interests to determine whether parties must meet and confer over a certain matter (§ 3505), a court may also consider whether the 'transactional cost of the bargaining process outweighs its value.' " (Claremont Police Officers, supra, 39 Cal.4th at p. 638, 47 Cal.Rptr.3d 69, 139 P.3d 532.)
Here, without question, the City's decision to enter into a contract with the Sheriff's Department for law enforcement services affects wages, hours, and conditions of employment of the City's police officers within the meaning of the first inquiry under Building Material. In Building Material, the City and County of San Francisco unilaterally eliminated certain bargaining unit positions, reorganized and reclassified the duties of hospital truck drivers who belonged to the union, and transferred work duties to new positions not covered by the bargaining unit. (Building Material, supra, 41 Cal.3d at pp. 655-656, 224 Cal.Rptr. 688, 715 P.2d 648.) The City and County of San Francisco then denied the union's request to meet and confer regarding the action on the ground that the matter was outside the scope of the meet-and-confer requirements of the MMBA. (Building Material, supra, at p. 656, 224 Cal.Rptr. 688, 715 P.2d 648.) The Supreme Court held, however, that the City and County of San Francisco were required to meet and confer with the union because the transfer of duties to a nonbargaining unit had a significant and adverse effect on the bargaining unit's wages, hours, and working conditions. (Id. at p. 664, 224 Cal.Rptr. 688, 715 P.2d 648.)
In reaching its holding, the court in Building Material cited with approval Fibreboard Corp. v. NLRB (1964) 379 U.S. 203, 85 S.Ct. 398, 13 L.Ed.2d 233 (Fibreboard ) 4 and Soule Glass and Glazing Co. v. N.L.R.B. (1st Cir.1981) 652 F.2d 1055 (Soule ), abrogated on other grounds in NLRB v. Curtin Matheson (1990) 494 U.S. 775, 786, footnote 7, 110 S.Ct. 1542, 108 L.Ed.2d 801. (Building Material, supra, 41 Cal.3d at p. 659, 224 Cal.Rptr. 688, 715 P.2d 648.) In Fibreboard, the Supreme Court held that "the 'contracting out' of work being performed by employees in the bargaining unit" was "within the literal meaning of the phrase 'terms and conditions of employment,' " and as such, was "a statutory subject of collective bargaining." (Fibreboard, at pp. 204-205, 210, 13 L.Ed.2d 233.) The court explained, "A stipulation with respect to the contracting out of work performed by members of the bargaining unit might appropriately be called a 'condition of employment.' The words even more plainly cover termination of employment which, as the facts of this case indicate, necessarily results from the contracting out of work performed by members of the established bargaining unit." (Id. at p. 210, 85 S.Ct. 398; see also Soule, supra, 652 F.2d at p. 1088 [holding that the employer "must bargain with respect to the decision to remove work from bargaining unit employees, not merely its effects on the employees"]; Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services Dist. (1975) 45 Cal.App.3d 116, 119, 119 Cal.Rptr. 182 (Dublin Professional Fire Fighters ) [recognizing that the transfer of bargaining unit work to nonbargaining unit employees was a proper subject of negotiations].)
Here, however, the City contends its action was not contracting out work because the City instead changed the direction and scope of its enterprise by getting out of the business of law enforcement. Significantly, the City did not eliminate police services but instead entered into an arrangement under which the Sheriff's Department would provide such services. As the court stated in Building Material, "It is clear that the permanent transfer of work away from a bargaining unit often has a significant effect on the wages, hours, and working conditions of bargaining-unit employees. [Citations.] Courts have found violations of the duty to bargain, for example, when an employer has transferred bargaining-unit work to an independent contractor [citations] or to established or newly hired employees outside the bargaining unit [citations]." (Building Material, supra, 41 Cal.3d at p. 659, 224 Cal.Rptr. 688, 715 P.2d 648, fn. omitted.) In Fire Fighters Union, supra, 12 Cal.3d 608, 116 Cal.Rptr. 507, 526 P.2d 971, as relevant to the situation currently before us, the court stated, "In some situations, such as that in which a layoff results from a decision to subcontract out bargaining unit work, the decision to subcontract and lay off employees is subject to bargaining. [Citation.]" (Id. at p. 621, 116 Cal.Rptr. 507, 526 P.2d 971.) Similarly, in Dublin Professional Fire Fighters, supra, 45 Cal.App.3d 116, 119 Cal.Rptr. 182, the court concluded that reassigning overtime to temporary personnel was subject to bargaining. (Id. at pp. 118-119, 119 Cal.Rptr. 182.) And in interpreting a public labor relations statute similar to the MMBA, the Educational Employment Relations Act, the court in San Diego Adult Educators v. Public Employment Relations Bd. (1990) 223 Cal.App.3d 1124, 273 Cal.Rptr. 53, held that a college district had engaged in an unfair labor practice by contracting with an independent agency to provide instruction on a college campus without bargaining with the union. The court stated, "The transfer of work from existing employees to employees of others by subcontracting the work is a decision which requires negotiation with the union. It is therefore an unfair practice for an employer unilaterally to shift work by means of contracting the services previously done by its employees to an outside entity." (Id. at p. 1133, 273 Cal.Rptr. 53, citing Fibreboard, supra, 379 U.S. 203, 85 S.Ct. 398, 13 L.Ed.2d 233.) Based on the above authorities, it is clear that the City's decision was subject to the meet and confer requirement under the first part of the test set forth in Building Material.
The second question under the Building Material test is whether the public entity's decision is "excepted from the duty to bargain under the 'merits, necessity, or organization' language of section 3504." (Building Material, supra, 41 Cal.3d at p. 660, 224 Cal.Rptr. 688, 715 P.2d 648.) In State Assn. of Real Property Agents v. State Personnel Bd. (1978) 83 Cal.App.3d 206, 147 Cal.Rptr. 786, for example, the court found that a reduction in workforce because of economic necessity was a fundamental management policy decision within the scope of section 3505. (State Assn. of Real Property Agents v. State Personnel Bd., supra, 83 Cal.App.3d at pp. 212-213, 147 Cal.Rptr. 786.) In that case, the court held that the effects of the decision had been adequately addressed through meeting and conferring. (Id. at p. 213, 147 Cal.Rptr. 786.)
In Building Material, as in the present case, the public entity argued, citing First National Maintenance Corp. v. NLRB (1981) 452 U.S. 666, 686, 101 S.Ct. 2573, 69 L.Ed.2d 318 (First National Maintenance Corp.), among other cases, that the decision to transfer work to employees outside the bargaining unit came within the "fundamental managerial policy" exception to the MMBA, even though layoffs might result. (Building Material, supra, 41 Cal.3d at pp. 662-663, 224 Cal.Rptr. 688, 715 P.2d 648.) In distinguishing the cases on which the public entity relied, the court explained, "Decisions to close a plant or to reduce the size of an entire workforce, however, are of a different order from a plan to transfer work duties between various employees. The former directly affect the amount of work that can be accomplished or the nature and extent of the services that can be provided, and are therefore 'fundamental management' decisions. The decision to transfer bargaining-unit work to nonunit employees in this case had no effect on the services provided by the hospital, but directly affected the wages, hours, and working conditions of the hospital employees." (Id. at pp. 663-664, 224 Cal.Rptr. 688, 715 P.2d 648.) The court held that the " decision to reorganize certain work duties was hardly 'fundamental.' It had little, if any, effect on public services. Rather, it primarily impacted the wages, hours, and working conditions of the employees in question and thus was a proper subject for mandatory collective bargaining. Indeed, defendants' claim to the contrary is in conflict with the statutory framework of the MMBA: any issue involving wages, for example, would affect the cost of government services, but such matters are specifically included in the scope of representation as defined in section 3504." (Building Material, supra, 41 Cal.3d at p. 664, 224 Cal.Rptr. 688, 715 P.2d 648.)
The public entity in Building Material further argued that its action involved a matter of fundamental policy "because it involved the economical and efficient operation of local government," and as such was exempt from the bargaining requirements of the MMBA. (Building Material, supra, 41 Cal.3d at p. 664, 224 Cal.Rptr. 688, 715 P.2d 648.) In rejecting that argument, the court explained that the cases on which the public entity relied were distinguishable. In Berkeley Police Assn. v. City of Berkeley (1977) 76 Cal.App.3d 931, 937, 143 Cal.Rptr. 255, for example, the court held that the city was not required to bargain prior to a decision to allow a member of the citizen's police review commission to attend police department hearings regarding citizen complaints against police and to send a member of the department to review commission meetings. In San Jose Peace Officer's Assn. v. City of San Jose (1978) 78 Cal.App.3d 935, 144 Cal.Rptr. 638 (San Jose ), the court approved the city's change of policy regarding the use of deadly force by police officers. In Building Material, the court stated that the "burden of requiring an employer to confer about such fundamental decisions clearly outweigh[ed] the benefits to employer-employee relations that bargaining would provide." (Building Material, supra, 41 Cal.3d at p. 664, 224 Cal.Rptr. 688, 715 P.2d 648.)
None of these existing authorities provides a clear resolution of the issue whether the City's decision fell within the exception for fundamental management decisions under section 3504. It is nonetheless unnecessary for us to resolve the issue-even if we assume for purposes of argument that the decision to contract out police services to the Sheriff's Department was a fundamental policy decision within the meaning of section 3504, our inquiry does not end. Rather, we then proceed to the third step of the Building Material inquiry: When a decision has both "a significant and adverse effect on the wages, hours, or working conditions of the bargaining-unit employees" and is "taken pursuant to a fundamental managerial or policy decision," it is still within the scope of bargaining "if the employer's need for unencumbered decisionmaking in managing its operations is outweighed by the benefit to employer-employee relations of bargaining about the action in question. [Citations.]" (Building Material, supra, 41 Cal.3d at p. 660, 224 Cal.Rptr. 688, 715 P.2d 648, citing First National Maintenance Corp., supra, 452 U.S. at p. 686, 101 S.Ct. 2573, and Berkeley Police Assn. v. City of Berkeley, supra, 76 Cal.App.3d at p. 937, 143 Cal.Rptr. 255.)
In resolving the third inquiry, we first note that the City's decision did not involve discontinuing the provision of public safety services; rather, it involved the transfer of such services from City employees to the Sheriff's Department. As such, the decision "primarily" involved a matter of wages, hours or working conditions. (See San Jose, supra, 78 Cal.App.3d at pp. 945-946, 144 Cal.Rptr. 638 [reasoning that managerial decisions were subject to meet and confer requirements if they "primarily" involved working conditions].) Thus, in San Jose, the court held that changes to a policy regarding the use of force by police officers were not subject to mandatory meet and confer requirements because "we cannot say that the use of force policy concerns 'primarily' a matter of wages, hours or working conditions." (Id. at p. 946, 144 Cal.Rptr. 638.)
Here, on appeal, the City characterizes its decision to contract out services as a police-community relations issue and focuses on the public safety of its citizens as the motivation for the decision. However, the staff report prepared for the City Council pointed to "internal strife, accusations of discrimination and unfair treatment, employee turnover and stress and ․ questions of the ability to provide adequate service levels" as some of the reasons for the recommendation to enter into the contract with the Sheriff's Department. The report noted that issues had arisen concerning the ability of the departmental leadership to address issues, that a power struggle was ongoing between management and the ranks, and that several lawsuits concerning employee issues and discipline had been filed. Significantly, a continuing theme throughout the report was the emphasis on the City's finances and on the cost savings that could be accomplished by contracting out public safety services.
In First National Maintenance Corp., the case on which the Building Material court based its balancing test (Building Material, supra, 41 Cal.3d at p. 660, 224 Cal.Rptr. 688, 715 P.2d 648), the Supreme Court, in applying the balancing test, concluded that "the harm likely to be done to an employer's need to operate freely in deciding whether to shut down part of its business purely for economic reasons outweigh[ed] the incremental benefit that might be gained through the union's participation in making the decision." (First National Maintenance Corp., supra, 452 U.S. at p. 686, 101 S.Ct. 2573.) First National Maintenance Corp. is distinguishable on several bases. First, the issue in First National Maintenance Corp. was whether a private employer in the business of providing housekeeping, cleaning, and maintenance services for commercial customers was required to bargain about its decision to terminate a contract with one of those commercial customers for purely economic reasons. (Id. at pp. 668-670, 101 S.Ct. 2573.) Here, in contrast, the City's decision did not involve discontinuing the provision of services, but merely the means by which those services were to be provided. As such, the facts of the present case far more closely resemble those of Fibreboard than those of First National Maintenance Corp. In Fibreboard, the court stated, "The Company's decision to contract out the maintenance work did not alter the Company's basic operation. The maintenance work still had to be performed in the plant. No capital investment was contemplated; the Company merely replaced existing employees with those of an independent contractor to do the same work under similar conditions of employment. Therefore, to require the employer to bargain about the matter would not significantly abridge his freedom to manage the business." (Fibreboard, supra, 379 U.S. at p. 213, 85 S.Ct. 398.)
Second, in First National Maintenance Corp., the court recognized that subcontracting is bargainable when there is no fundamental change in a company's operation, and the rationale of the contracting is incremental cost savings. (First National Maintenance Corp., supra, 452 U.S. at pp. 679-680, 101 S.Ct. 2573.) In Fibreboard, the court also emphasized that a desire to reduce labor costs, which it considered a matter "peculiarly suitable for resolution within the collective bargaining framework," (Fibreboard, supra, 379 U.S. at pp. 213-214, 85 S.Ct. 398), was at the base of the employer's decision to subcontract: "It was induced to contract out the work by assurances from independent contractors that economies could be derived by reducing the work force, decreasing fringe benefits, and eliminating overtime payments. These have long been regarded as matters peculiarly suitable for resolution within the collective bargaining framework, and industrial experience demonstrates that collective negotiation has been highly successful in achieving peaceful accommodation of the conflicting interests." (Ibid.)
Similarly, to the extent the decision to transfer services to the Sheriff's Department was motivated by economic considerations, the RPBA could offer concessions to reduce the City's financial problems. As noted, an employer's desire to reduce labor costs is a matter particularly suitable for resolution by collective bargaining. (Fibreboard, supra, 379 U.S. at pp. 213-214, 85 S.Ct. 398.)
The City relies on several federal circuit court cases to support its argument that it was not required to bargain over its decision to contract with the Sheriff's Department, e.g., N.L.R.B. v. Wehr Constructors, Inc. (6th Cir.1998) 159 F.3d 946 (Wehr Constructors); N.L.R.B. v. Oklahoma Fixture Co. (10th Cir.1996) 79 F.3d 1030 (Oklahoma Fixture); Furniture Rentors of America, Inc. v. N.L.R.B. (3d Cir.1994) 36 F.3d 1240 (Furniture Rentors); Kirkwood Fabricators, Inc. v. N.L.R.B. (8th Cir.1988) 862 F.2d 1303 (Kirkwood ). Those cases are all distinguishable.
In Wehr Constructors, the court held that the National Labor Relations Board (NLRB) had failed to conduct the balancing test required under First National Maintenance Corp., supra, 452 U.S. 666, 101 S.Ct. 2573, 69 L.Ed.2d 318. (Wehr Constructors, supra, 159 F.3d at p. 953.) The court found that the undisputed evidence showed that the work the employer was subcontracting was not already being performed by union employees, and under the circumstances, the benefit from bargaining was outweighed by the burdens on the employer's business of requiring bargaining over a general contractor's decision to subcontract work on construction projects. (Id. at pp. 954-955.) Here, in contrast, the work currently being performed by City employees would be transferred to the Sheriff's Department, and the case does not involve subcontracting on construction projects.
In Furniture Rentors, the court granted in part the employer's petition to overturn a decision of the NLRB on the ground that the NLRB had applied the wrong standard in determining that the employer's decision to subcontract delivery work was a mandatory subject of bargaining. The court remanded the matter for the NLRB to conduct a balancing test to weigh the benefits of collective bargaining against the employer's interest in taking prompt action. (Furniture Rentors, supra, 36 F.3d at p. 1250.) Specifically, the court noted that the administrative law judge had found that the factors that principally motivated the decision to subcontract were continuing problems with "delivery workers' carelessness, misconduct, untrustworthiness and thievery," and the court stated it was not "able to perceive any likelihood of benefit to be derived from subjecting the problem of employee thievery to collective bargaining." (Ibid.) Here, in contrast, the staff report identifies a variety of motivations for the decision to contract with the Sheriff's Department, including management strife, problems with the delivery of services, employee lawsuits as well as economic savings.5 The RPBA clearly could provide valuable assistance in addressing those issues through bargaining.
In Oklahoma Fixture, the court held that an employer had provided the employees' union with adequate notice of its decision to subcontract electrical work so as to permit meaningful bargaining over the effects of the decision. (Oklahoma Fixture, supra, 79 F.3d at p. 1036.) The decision was motivated by the employer's desire to "lessen its risks and liability by returning to subcontracting." (Id. at p. 1033.) The court noted without discussion that the NLRB had properly found that the subcontracting decision itself was not a subject of mandatory bargaining, and the employer's failure to bargain over that decision did not violate the NLRA. (Id. at p. 1036.) However, the opinion does not address the balancing test we are required to apply under Building Material and the opinion is thus not helpful to our analysis.
In Kirkwood, the court held that an employer was required under the NLRA to bargain with the employees' union about the effects of its decision to sell its entire business. (Kirkwood, supra, 862 F.2d at pp. 1305-1306.) The opinion noted, however, that the employer did not have a duty to bargain over the decision to close its business. (Id. at p. 1306.) Kirkwood is distinguishable in that it involved a private employer's decision to sell its business, not a public entity's decision to transfer public safety functions to another public entity.
In contrast to these cases cited by the City, in numerous cases in which employers' decisions to transfer work were motivated by labor costs or other factors that could be addressed through collective bargaining, courts have held that such decisions were subject to mandatory bargaining. The court in Furniture Rentors collected such cases, noting: "The Fibreboard Court expressly noted that the employer's decision to subcontract turned on its desire to lower 'the high cost of its maintenance operation,' which, independent contractors had promised, could be reduced by eliminating employees and benefits. [Citation.] In determining whether a subcontracting case is legally similar to Fibreboard, it is important to consider not just the employer's decision to contract work out, and how that decision affects its operations, but whether, as in Fibreboard, the employer's decision was driven by labor costs or some other difficulty that can be overcome through collective bargaining. Those courts that have held an employer's decision to subcontract unit work was a mandatory subject of collective bargaining under Fibreboard have invariably made this finding. See e.g., Olivetti Office U.S.A., Inc. v. NLRB, 926 F.2d 181, 186 (2d Cir.1991), cert. denied 502 U.S. 856, 112 S.Ct. 168, 116 L.Ed.2d 132 (1991) (employer transferred work in order to 'reduce manufacturing costs by $2.6 million, $2 million of which would be directly attributable to cheaper labor․ Obviously, labor costs were the driving force behind the Company's action'); NLRB v. Plymouth Stamping Div., Eltec Corp., 870 F.2d 1112, 1116 (6th Cir.1989), cert. denied 493 U.S. 891, 110 S.Ct. 235, 107 L.Ed.2d 186 (1989) (decision to subcontract motivated by failure to successfully negotiate economic concessions); W.W. Grainger, Inc. v. NLRB, 860 F.2d 244, 248 (7th Cir.1988) (decision to subcontract delivery services motivated by the desire to reduce the cost of 'branch time,' or time drivers spent at depots rather than in truck, and thus was a 'direct labor cost'); NLRB v. Westinghouse Broadcasting and Cable, 849 F.2d 15, 22 (1st Cir.1988) (decision to subcontract prompted by a directive from employer's parent company to reduce its 'body count' by eleven persons)." (Furniture Rentors, supra, 36 F.3d at pp. 1248-1249; see also Regal Cinemas, Inc. v. N.L.R.B. (D.C.Cir.2003) 317 F.3d 300, 311-312.)
In sum, as stated in the City's own staff report, the City's decision was motivated by the desire to reduce costs as well as issues involving employee morale, level of service, and management conflicts. These issues are eminently suitable for resolution through collective bargaining. (See, e.g., the cases collected above; see also Grier v. Alameda-Contra Costa Transit Dist. (1976) 55 Cal.App.3d 325, 334, 127 Cal.Rptr. 525 [recognizing a public employer's duty to engage in collective bargaining as to employee discipline].) We further conclude that, under all the circumstances, the transactional cost of the bargaining process does not outweigh its value. (Claremont Police Officers, supra, 39 Cal.4th at p. 638, 47 Cal.Rptr.3d 69, 139 P.3d 532.)
The Building Material balancing test directs our conclusion that the City was required to meet and confer with the RPBA over its decision to enter into a contract with the County for the provision of law enforcement services. We will therefore affirm the decision of the trial court.
The judgment is affirmed. Costs to respondent.
1. Both parties have requested this court to take judicial notice of the new MOU. The request is granted.
2. The City has requested this court to take judicial notice of a declaration and attached exhibit that were filed in support of the City's petition for writ of mandate in case No. E039381. The City contends the exhibit "is relevant because it demonstrates the City's concerns about the ongoing controversy at the center of this action and its disruption of the City's ability to provide public safety services to its citizens." The RPBA has opposed the request.The facts asserted in a declaration, even if it is a court record, are not the proper subject of judicial notice. (See, e.g., Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 886, 110 Cal.Rptr.2d 877, and cases collected.) We therefore deny the request for judicial notice of the declaration and exhibit.
FN3. All further statutory references are to the Government Code unless otherwise indicated.. FN3. All further statutory references are to the Government Code unless otherwise indicated.
4. California courts rely on federal decisions interpreting federal labor relations statutes analogous to section 3504 as reliable authority. (See Building Material, supra, 41 Cal.3d at p. 658, 224 Cal.Rptr. 688, 715 P.2d 648; Fire Fighters Union v. City of Vallejo (1974) 12 Cal.3d 608, 616, 116 Cal.Rptr. 507, 526 P.2d 971 (Fire Fighters Union ).) In Building Material, the court explained, "Federal decisions have frequently guided our interpretation of state labor provisions the language of which parallels that of federal statutes. [Citations.] Here, the phrase 'wages, hours, and other terms and conditions of employment' was taken directly from the National Labor Relations Act (NLRA) (29 U.S.C. § 158(d)). [Citation.] Although the NLRA does not contain wording similar to the second key phrase in section 3504-which excepts the 'merits, necessity, or organization' of government services from the scope of representation-this phrase was added by the Legislature to incorporate the limitations on the scope of mandatory bargaining that had been developed by the federal courts in their interpretations of the NLRA. [Citation.] Thus, because the federal precedents reflect the same interests as those underlying section 3504, they furnish reliable authority in construing that section. [Citations.]" (Building Material, supra, 41 Cal.3d at p. 658, 224 Cal.Rptr. 688, 715 P.2d 648.)
5. Although on appeal the City downplays the importance of financial savings as the motivation for its decision, the staff report is replete with references to such savings.The City also argues on appeal that its decision to contract with the Sheriff's Department was also motivated by a dramatic increase in the violent crime rate from 1998 through 2004. To support this argument, the City relies on a chart created by an employee of the City's law firm and based on internet research on crime statistics. However, the chart was not prepared until October 24, 2005, more than a month after the City Council voted to enter into a contract with the Sheriff's Department. We find the City's after-the-fact justification of its decision irrelevant.
HOLLENHORST, Acting P.J.
We concur: KING and MILLER, and JJ.


text: LONDON, Oct. 16, 2012 /PRNewswire/ -- TagLikeMe Corp.'s ("TagLikeMe" or "the Company") (OTCQB:TAGG, Frankfurt M6C1; WKN A1JZ03), plans to introduce a new, socially enabled news product to be integrated with its social search and sharing platform TagLikeMe.com, are revealing what management believes is a direct path to significant revenue opportunities for the Company. TagLikeMe.com is a new, shared social information network that allows individuals or groups to search, tag (or bookmark) and share all forms of digital content privately or publicly using cloud based technology. Its next-generation search and share technology has powerful features for collaborating search and sharing all online digital content from a single location. The Company's planned news product, which could allow individuals to monitor, interact with and even shape the publishing of news and trending information, is expected to be the first of its kind in the social media space. "What TagLikeMe plans to bring to the news arena is something very different and potentially very, very lucrative," states Richard Elliot-Square, President and CEO of TagLikeMe Corp. "Our core product is meant to bring people together over searching and sharing. It's a logical next step to share what you find with a much bigger audience – namely the world. We have envisioned a new kind of socially integrated news service; one that is influenced by and indexed to what news people want indexed to social relevance." "Imagine an instant visual blog, where you could scan images from hundreds of trending stories and then select items of interest to receive all relevant information – blogs, videos, social media and search engine data – all at once. That's a tremendously powerful thing." "We are convinced that the news and publishing product can become one of the Company's major revenue sources," adds Elliot-Square. "It can be monetized simply through the use of advertising space – even incorporating simple conventional concepts such as Google adwords, which would work perfectly in this framework."

subset: commoncrawl


text:
Reality Keychain Key - Pink
for the keeper of the keys
click for shipping rates
Shipping within the continental US:
$5 flat rate on orders $25 and under
$10 flat rate on orders between $25 and $50
Free ground shipping on orders over $50
International shipping at checkout.
Cast from an 18th century Italian church key. Includes stainless steel ring to hold your keys.
Silicone and stainless steel
Silicone and stainless steel
6.75" L x 3" W x .5" D


text:
Cathryn Sophia Named Maryland-Bred Horse of the Year
Cash is King's grade I winner was also named champion 3-year-old and champion sprinter for 2016.
Cash is King's grade I winner was also named champion 3-year-old and champion sprinter for 2016.
Sunrise Stallions of New York announced its 2017 stud fees. Big Brown will stand for $7,500; Frost Giant for $5,000; Heavy Breathing, $2,500.
Jumping heavily into both the Fasig-Tipton and Keeneland November sales, the China Horse Club has spent more than $9 million in a matter of days on mares to support their interests in U.S. stallions.
Kiss to Remember and Shelbysmile, stakes winners Nov. 5, have been supplemented to the Fasig-Tipton November sale that takes place Nov. 7 in Lexington, beginning at 5 p.m.
Myron Miller's Kiss to Remember stalked the early leaders, poked her head in front at the top of the stretch, and turned back a late challenge from favorite Birdatthewire to win the Nov. 5 $200,000 Chilukki (gr. II) at Churchill Downs by a head.
She's Not Here defended her title in the $200,000 Yellow Ribbon Handicap (gr. IIT) July 16, the first graded stakes at Del Mar's summer meeting.
G. Watts Humphrey Jr. and St. George Farm Racing's She's Not Here did some of the best running of her career last summer at Del Mar and she'll look to find that form again July 16 in the Yellow Ribbon Handicap (gr. IIT) at the seaside racetrack.
Birdatthewire returns to Gulfstream Park for the Princess Rooney Stakes (gr. II) on the Summit of Speed card. The switch of the race from six to seven furlongs should play to her favor.
Gulfstream Park will offer $525,000 in purses over seven stakes June 4 as part of its Summit of Speed Preview Day program.
The 4-year-old Giant Gizmo filly upset heavy favorite I'm a Chatterbox two starts back on dirt, when she won the April 22 Hilliard Lyons Doubledogdare Stakes (gr. III) at Keeneland to earn her first graded score for trainer Bernie Flint.
"On the biggest day of the year in horse racing, we're proud to showcase the best horse we've ever trained," Norm Casse said of May 7 Churchill Distaff Turf Mile (gr. IIT) contender Tepin.
You Bought Her will take another shot at the $200,000 Inside Information Stakes (gr. II) March 16 at Gulfstream Park, a race she missed last year by a closing neck.
Alex and JoAnn Lieblong's The Big Beast, who finished second in a pair of grade I sprints in 2015 at Saratoga Race Course, was named Maryland-bred Horse of the Year in the annual poll.
Blocked by a wall of five horses exiting the final turn, Steve Moger's Stormy Lucy found space to the outside and just got up to catch Recepta at the wire to win the $300,000 Matriarch Stakes (gr. IT) Nov. 29 at Del Mar.
Proven more than formidable sprinting, Taris will try a slightly new aspect heading east for the $300,000 Go For Wand Handicap (gr. III) Nov. 27 at Aqueduct Racetrack.
Carl F. Pollard's Kiss Moon will attempt to land her second graded stakes win of the year in the $100,000 Cardinal Handicap (gr. IIIT) Nov. 21 at Churchill Downs, but Canadian invader Button Down is favored.
Grade II winners Birdatthewire, Keen Pauline, and Gold Medal Dancer head a field of eight fillies and mares entered for the $200,000 Chilukki Stakes (gr. II) Nov. 7 at Churchill Downs.
The $400,000 First Lady Stakes (gr. IT) at Keeneland Oct. 3 attracted 11 older fillies and mares, including grade I winner Tepin, Canadian champion Solid Appeal, and three European-based runners.
She's Not Here is by Street Cry, sire of the 2010 Horse of the Year, and out of the champion's half sister.
Eight fillies and mares with graded stakes credentials are scheduled to enter the gate for the $200,000 Yellow Ribbon Stakes (gr. IIT), but only one in the full field of 12 is 3 years old and she may be the one to beat.
After knocking on the door of grade I company last year, Unbridled Forever finally broke through when making her second start of the season Aug. 29 in the $500,000 Ballerina Stakes (gr. I) at Saratoga.
William Parsons Jr. and David S. Howe's homebred Merry Meadow made her return to the races a winning one, taking the $250,000 Princess Rooney Stakes (gr. II) at Gulfstream Park on July 5.
Three-time graded-stakes winner Merry Meadow will cut back to her ideal distance when she returns from more than a three-month layoff in the $250,000 Princess Rooney Stakes (gr. II) at Gulfstream Park July 5.
An easy drive down the road for New York horsemen, Monmouth Park offers expanded options -- specifically the chance for several turf fillies to try a step up in the $100,000 Eatontown Stakes (gr. IIIT) June 27.
Kiss Moon collared front-runner I'm Already Sexy in late stretch and thrust out her head on the line to win the $100,000 Old Forester Mint Julep (gr. IIIT) June 6 at Churchill Downs.
|Breeder / Owner
|Awesome Jill
|Michelle Lovell
|Cleo's Krewe
|Mark Hubley
|Fonepferesh (IRE)
|Eric R. Reed
|Ice for the Lady
|Gerald S. Bennett
|Im a Southern Diva
|Mike Norris
|Kiss Moon
|David R. Vance
|Kiss to Remember
|Martin D. Wolfson
|My Christini
|James E. Baker
|Sandino R. Hernandez, Jr.
|Kellyn Gorder
|Shanon Nicole
|Michael J. Maker
|She's Not Here
|Victoria H. Oliver
|She's Offlee Good
|Kellyn Gorder
|Too Cool
|Amalio P. Garcia
|New York Stallion S.
|New York Stallion S.
|Irish Day S.
|Emerald Downs H.
|Southern Truce S.


text:
Find a copy in the library
Finding libraries that hold this item...
|Additional Physical Format:
|Online version:
Bradbury, Ray, 1920-
Zen in the art of writing.
Santa Barbara, Calif. : Joshua Odell Editions, 1990
|Named Person:
|Ray Bradbury; Ray Bradbury
|Document Type:
|All Authors / Contributors:
Ray Bradbury
|1877741027 9781877741029 1877741019 9781877741012 0553296345 9780553296341 9781877741098 1877741094
|OCLC Number:
|xv, 154 pages : portraits ; 22 cm
|The joy of writing --
Run fast, stand still, or, The thing at the top of the stairs, or, New ghosts from old minds --
How to keep and feed a muse --
Drunk, and in charge of a bicycle --
Investing dimes : Fahrenheit 451 --
Just this side of Byzantium : Dandelion wine --
On the shoulders of giants --
The secret mind --
Zen in the art of writing --
--On creativity.
|Ray Bradbury.
In a series of essays, Bradbury discusses his career and his compulsion to write. Nine essays discuss the joy of writing, the writing process, inspiration, creativity, and the circumstances surrounding the writing of several of his works.
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text:
We have one of the finest liberal arts science divisions in the region. Five of our graduates have received Fulbright awards for study in Germany. Another graduate received a Rotary fellowship for study in Russia. Others have been accepted for graduate studies at Rice, Baylor, Duke, Purdue, North Carolina, Minnesota, Tennessee, Michigan State, Carnegie-Mellon, Texas, Texas A & M, California, and many more. Most of our students who have applied to medical school have been accepted (80%). In addition to The University of Arkansas for Medical Sciences, where most Arkansas residents attend medical school, our students have been accepted at medical schools in Texas, Tennessee, Missouri, Louisiana, Mississippi, Oklahoma, Kentucky, South Carolina, Iowa, New Mexico, New Jersey, and California. Our students have been accepted to dental programs in Texas, Tennessee, Missouri, Oklahoma, Louisiana, and Kentucky. Our students have been accepted to veterinary medical programs at Louisiana State, Auburn, Texas A&M, Oklahoma State, Illinois, Western (California), and Tuskegee (Alabama).
The two most important reasons for the success of our program are 1) faculty who have devoted their lives to the quality education available at a small liberal arts college and 2) good students who are willing to study hard to achieve goals they have set for themselves. The advantage of the small class size here at Ouachita is the individual attention that is available to students. Much of the learning is associated with informal sessions around the science building and in the homes of faculty members.
Students may work with professors on research projects, during the academic year for credit or during the summer for pay. We also offer many individualized special topics courses such as environmental studies. Students may work with a professor on any topic of mutual interest. Through enrichment grants our students have participated in group-study at Oak Ridge National Labs, The National Center for Toxicological Research, and the Saint Louis Art Museum. We also take student groups on tropical ecology study trips to Hawaii and Belize.
Come to campus. Talk with our students. Give us a critical view. You won't be disappointed. If I can be of any assistance, do not hesitate to contact me at firstname.lastname@example.com.
Thank you.
Tim Knight


text:
SparkFun Electronics Comments urn:uuid:214d0e4e-f1b1-d287-ce26-ac5b4c9f8249 2017-06-25T01:10:18-06:00 SparkFun Electronics pstemari on DEV-09383 - Sensor Kit pstemari urn:uuid:43e1aa90-c242-8442-bf21-318fd15f21ae 2010-07-18T22:00:09-06:00
Dunno, but the total price bought individually is now 188.18.
 PresidentOfAwesomeness on DEV-09383 - Sensor Kit PresidentOfAwesomeness urn:uuid:eaf93c30-b96e-9b76-4c4f-f661c7c44b02 2010-02-23T17:26:52-07:00
Why'd the price drop so considerably?
 ddegn on DEV-09383 - Sensor Kit ddegn urn:uuid:25f9c44e-a11d-b685-f7ff-0592b7e705d1 2009-10-29T19:39:27-06:00
I just added up how much these would cost individually. It comes out to $212.18 USD. So you save $12.23 buying these all together. I might have purchased this earlier on in my electronics education, had it been available, but now I already own most of these sensors. These sensors are a lot of fun.


text:
|Nalanda University
Nalanda was an ancient Indian university. It was one of the famous universities of the world. It was the first Indian residential university.
- Nalanda University was located at Bihar. It was about 88 kilometers away from Patna.
- Nalanda University was established during the Gupta Dynasty. It remained as a best university for a long time until Bakhtiyar Khilji destroyed it.
- The information about Nalanda University is known to us because of Chinese pilgrim Xuanzang (Hiuen-Tsang). He visited the university and left much information about the university in his writing.
- About 10,000 students and 2000 teachers were there in the university. Students were come from all over the world (Korea, Japan, China, Tibet, Indonesia, and Persia). The admission process of the university was very strict. Students have to go through different tests to prove their ability.
- The university covered a large area about 14 hectares. University had 10 temples, many classrooms and meditation centers and a big library. Many people even today get astonished by the architecture of the building.
- Library of the Nalanda University was divided into three buildings- Ratnasagara, Ratnadadhi and Ratnaranjaka. Among this building, Ratnasagara was nine storeyed building. The library did not only contain religious manuscripts but it had a large collection of books on literature, astrology, astronomy, and medicine. Vastness of the library can be understand from the fact that it took three months to burn down when invaders set fire to it.
- The Nalanda University had a great influence of Buddhism. Many Buddhist taught at Nalanda. It is believed that Buddha was stayed at the university many times.
- It is reported that India with other countries planning to revive the university and A P J Abdul Kalam is helping in that.


text: Stocked up at WalMart. Smart. Still PLENTY of fruit cakes left. :) Must be a a snack storm coming! I like Twinkies. For my birthday in March, my wife called up Hostess and obtained over 1200 empty Twinkie boxes. Her and some of my coworkers conspired to fill my cubicle with these, surprising me when I came in on my birthday. It took them a few months to tape them into their box shape as they came to her flat. Needless to say I was quite surprised (and a little sore after spending about 3 hours flattening them all!). In the pictures, the cube walls are almost 6 feet tall! Jim WalMart in Lancaster Photo 1 of 1 Continue Gallery


text:
I am a professional makeup artist based in Essex, specialising in bridal hair and makeup for your Wedding Day. I understand how important it is to look and feel your most beautiful for such a special day, so from the moment you get in touch you can feel assured that I have the knowledge and experience to exceed your expectations. I have worked alongside some of the most prestigious wedding venues in Essex, London and the South East to help create calm and relaxed experiences for my bridal clients. I only ever use premium branded products such as Mac, Bobbi Brown, Chanel, Estee Lauder and YSL to ensure the quality and durability of all my makeup applications, I specialise in applying Airbase makeup. I consider it a privilege to spend such an important morning with my bridal clients, staying with them right up until they leave for the wedding assisting with the gown and accessories.
Every Bride must leave feeling confident, looking flawless and effortlessly beautiful.


text:
Luke Finishes 3rd, Prigge Finishes 4th
Nov. 2, 2012
By Kelly Mason
By Kelly Mason
Stacey Luke placed third in the 1-meter springboard and junior Hannah Prigge placed fourth in the Platform dive.
The USC diving invite featured seven schools: USC, UCLA, USD, Cal Poly, Fresno State, UCSB, and UC Davis. The invite started off with the 1-meter springboard competition where 23 divers competed. The top 12 divers continued onto the finals.
Luke, a native of Kenmore, Wash., scored a 251.75 in the preliminary round good for a third place seed going into the finals. In the final round she scored a 257.45, earning a third place overall finish.
Prigge finished fourth in the preliminary 1-meter round with a 249.75 and finished eighth overall earning a 229.15 in the final round.
The next dive was the Platform, where Prigge was the only Bulldog to compete. There were only 14 divers competing, so there was only one round of competition. Prigge scored a 187.45 good for a fourth place finish.
The Fresno State divers will complete the USC Diving Invite tomorrow morning when they compete in the 3-meter springboard competition.
"Discover Fresno State Athletics!" - Stay connected with the Bulldogs on Facebook (fresnostateathletics) and Twitter (@FSAthletics).


text:
Contact us 24/7: +1 877 678 9627
View product details
Zoom In
- - Fits true to size, take your normal size
- - Italian sizing
Heel measures approximately 25mm/ 1 inch. Mannish flats are in the style spotlight. Marni's white leather loafers are accented with sleek silver panels. Wear them to lend a dandyish touch to a printed tee and jeans.
Shown here with: Marni top and bracelet, Current/Elliott jeans, Pierre Hardy clutch.
- - Heel measures approximately 25mm/ 1 inch
- - White and silver leather
- - Black elasticated inserts, round toe
- - Slip on
Product Code: 409615
Shop more:
For alternative suggestions, contact our Fashion Consultants
Help & Advice
Product Code: 409615


text:
Elomi Ivory 'Occasions' bridal basque
Item No.1500102672
Item No.1500102672
This gorgeous and seductive range from Elomi features a fabulous basque, with light boning in the cups for a comfortable lift, shaping and support providing a stunning style for that very special occasion.
Item description
This bridal basque from Elomi features pretty floral embroidery.
Sunday to Friday - order by 9pm
Saturday - order by 6pm
Monday to Sunday - order by midnight
Orders over £20 - FREE
Orders under £20 - £2
Show full delivery details
Subject to exceptions, Debenhams is happy to exchange or refund your purchase within 28 days of delivery. Please check here for more details on our returns policy and exceptions.
Open a Debenhams Credit Card today and receive:
Please note: if the amount you pay on your card is less than £500 after the 10% discount is applied, the 0% interest offer will not be available.
Credit available from NewDay Ltd to over 18s only
*Terms & Conditions apply.Find out more & apply now


text:
UPDATE 1-Waters posts better-than-expected Q1 profit, shares up
* Q1 EPS beats estimates by 17 cents
* Q1 net sales down 10 pct to $333.1 mln vs est $336.5 mln
* Gross margin increases 3.5 percentage points
* Shares up as much as 20 pct
April 28 (Reuters) - Waters Corp (WAT.N: Quotazione), which makes drug research tools, reported a 7 percent higher first-quarter profit that trumped analysts' estimates, helped by improved gross margin and lower expenses, sending its shares up as much as 20 percent.
The company's gross margin for the quarter improved 3.5 percentage points year-over-year to 61.7 percent. Selling and administrative expenses fell about 6 percent to $99.2 million.
The company reported first-quarter net income of $73.3 million, or 75 cents a share, compared with $68.5 million, or 67 cents a share, a year earlier.
Excluding items, it earned 74 cents a share.
Revenue, which fell 10 percent to $333.1 million for the period, included an adverse foreign currency translation impact of about 5 percent. Continua...


text:
Apple's iPad mini was announced several weeks ago and went on sale in early November. Apple promised that LTE versions of the iPad mini and the 4th generation iPad (4G) would be available in late November and held up their end of the deal. On Friday, all of the major United States carriers, Verizon, AT&T, and Sprint announced they will … Read More
iPad 3rd gen on Verizon Comes with Mobile Hotspot at No Additional Charge
On Thursday, a report from GottaBeMobile revealed that Verizon has officially unveiled pricing for iPad 3rd gen data plans. Apple released the New iPad (third generation) last week and unveiled the support for 4G LTE technology for the new iPad. Apple also announced that the Mobile Hotspot feature will now be included in iPad 3rd gen. The Mobile Hotspot feature … Read More
Apple's Second Generation iPad Will Use OLED Display?
And you thought you were safe from iPad rumors until June! AppleInsider is reporting the first of the next generation iPad rumors today. The rumor, which originated with the DigiTimes in Taiwan, states the next generation iPad will use an OLED display. Whether OLED will be offered as an upgrade to the existing IPS screen or as a complete replacement … Read More
Apple Job Posting Points to Camera in Next Generation iPad
Think your iPad purchase was regret free? Or at least regret free for this year? Well I'm sad to say you may be about to be highly disappointed. Thanks to some digging by 9to5Mac on the Apple job postings, you may be smacking your head for being an early adopter. 9to5Mac is reporting Apple is looking for a QA Engineer … Read More


text:
L2VPN between ASR9000 and ME3800x
I'm trying to set up a L2VPN(Vlan Mode) between a trunk port on an ASR9000, and an ME3800x.
The ASR is set up with an EFP:
interface GigabitEthernet0/0/0/19.912 l2transport
encapsulation dot1q 912
rewrite ingress tag pop 1 symmetric
mtu 1618
pw-class VlanMode
encapsulation mpls
transport-mode vlan
xconnect group orkide
p2p OrkideSurnadal
interface GigabitEthernet0/0/0/19.912
neighbor xxx.xxx.xxx.75 pw-id 912
pw-class VlanMode
On the other side I have terminated the xconnect on an ME3800x:
interface Vlan912
mtu 1600
no ip address
xconnect xxx.xxx.xxx.82 912 encapsulation mpls
The VC is UP:
Local intf Local circuit Dest address VC ID Status
------------- -------------------------- --------------- ---------- ----------
Vl912 Eth VLAN 912 xxx.xxx.xxx.82 912 UP
Is this the correct way to to do this?
I can't get this to work like it should. If I should do this with switches, I would just configure a vlan from end-to-end.
Thanks in advance,
Jan Ove Greger
Hi Jan,
I am not sure of ME3800 configuration and its VLAN handling. Do you know if it sends tagged or non-tagged packets to the ASR9k?
With the current configuration, ASR9k removes the VLAN tag before sending it to the ME end. Hence, the expectation that the ME would push the VLAN back sending the traffic to the end customer and the ME38 to remove the VLAN tag sending the traffic to ASR9k.
We do we get something over the PW
packets: received 134, sent 12
bytes: received 9112, sent 816
I suspect there is some mismatch in VLAN handling between the devices and hence end to end VLAN mismatch.
May you try to remove rewrite ingress tag pop 1 symmetric from the ASR9k? this way the ASR9k would send tagged packets towards the ME switch. That is in order to verify if the ME sends tagged packets back to us too.


text:
"I requested him several times to join the Cabinet but he has said he has responsibilities in the organisation," said Prime Minister.
Talking about Rahul Gandhi's recent "padayatra" (foot march) in Uttar Pradesh, the PM said that Rahul had undertaken the foot march in order to know the plight of the farmers.
"Most important people in terms of their contribution to national growth and agricultural production. Their contribution is enormous," he said.
He further said that the young AICC General Secretary was making an attempt to have a "better understanding" of farmers" problems.
Meanwhile, the Prime Minister also said that the reshuffle which took place on Jul 13 was the last one before the Lok Sabha polls that are scheduled in 2014, but two berths have been kept reserved for the DMK.
Talking about the reshuffle, the PM said it brought in the government, "balance necessary between various states, consideration of efficiency, consideration of continuity."
"As far as I am concerned, this is the last reshuffle before we go to polls (in 2014)," he said adding, "this exercise is as comprehensive as possible."
"There are bound to be problems when there is some re-distribution of portfolios. We have taken into account the best interests of the country," said the Prime Minister when asked if the reshuffle left ministers unhappy.
On the two cabinet berths that are kept on hold for the DMK, Singh commented, "It is part of our coalition dharma... I hope their decision will be coming soon."
Talking about Environment Minister Jairam Ramesh's promotion to to the Rural development minister, PM said that the former was "given more extensive responsibility. His experience will be better utilised in this portfolio."
OneIndia News


text: AUTObiography: quality_sound's 2004 VW Passat Share Comments Want your car featured in a VWvortex AUTObiography? Tell us what it means to be a Volkswagen enthusiast, and show us how you and your car demonstrate those ideals! Send the completed form with pictures to firstname.lastname@example.com. Next up is VWvortex reader: quality_sound How long have you owned this car? I owned it for 3 years and 3 weeks. Is there anything unique about the history of this car? It has been featured in Performance Auto and Sound twice and was a demo car for Arc Audio and Dynaudio. Why did you choose this car to purchase? I wasn't able to get a statue I purchased at Disneyland into the trunk of my B5 sedan so I decided I wanted more space. The Passat variant seemed an obvious choice. What other cars did you consider? None, really. What was your objective with this car? Maintain the storage space and do something VERY few have done, which is build an elegant, subtly modded variant. What tuning style describes this car (ex. Euro, Bling, OEMplus, street racer, auto crosser)? I'd say OEM plus Euro. Who helped you build this car? Fred Lynch of Arc Audio helped with the system fabrication and the paint and body work was done by Curtis Pritchett of Beale Air Force Bases' services division. Everything else was done by me. What makes your car special? The subtlety. Very few people nothing the little things like the shaved bumpers and door strips or the fact that the Murano Green up top is a VAG color. What is your favorite part/feature/function? The paint. It's a combination you rarely see, the colors blend beautifully and it's very elegant. Who or what inspired the direction of modifications on this car? Nothing in particular. I just start with a picture in my head and get as close as possible. What don't you like about this car? It doesn't have a GT28RS in it. What was your biggest obstacle in building this car? My painter dragging his feet for 6 months. How did you overcome the issue? I told him I was going to take the car elsewhere so it would be ready for its second Performance Auto and Sound shoot. What would you change if you could? I'd have bought a 4Motion. On a scale of 1 to 10, how satisfied are you with the outcome of this project? A solid 9. What would you do to the car if money were no object? 4Motion and RS4 motor swap. Who has been your biggest critic of this project? Me, by far. I'm so nitpicky and anal it's scary. What do your family and friends say about this car? They all love it. You rarely see a modded variant and they all think the color combo was perfect. What is your most memorable/humorous/embarrassing moment with this car? Having a couple in a brand new Civic literally orbit my car on the freeway trying to figure out what it was since it's debadged. Has this car competed in any events? Results? Lots of local VW shows and typically second place behind another B5 in my club. What is your favorite place to drive this car? The freeway. It's a high speed cruiser and it excels on drives to L.A. What is your ideal day with this car? Club drives are always the best. Who gets to drive this car? Me. I'd let my wife drive it as well but she hates "wagons" but likes SUVs. Go figure. Other than that, Fred Lynch is about it. I'm a tad possessive. If your car had a motto, what would it be? "If you're gonna drive it, it might as well be laid the f*** out," courtesy of a fellow SacWater club member. If you had to name your car, what would you name it? Never thought of a name for her. Probably something like Renee. What was your previous project? MKIII Jetta. What is your next project? Probably another MKIII Jetta. What one word best describes your car? Elegant. Anything else you'd like to share? Look for the little things from other VAG cars like the New Beetle sunglass holder, Škoda Superb shift knob and boot, etc. Owner Information: Name: Paul Viña VWvortex Username: quality_sound Occupation: U.S. Air Force AMMO Club Affiliations: SacWater, PassatWorld Vehicle Information: Year: 2004.5 Make: VW Model: Passat Mileage: 56,000 Original Color: Stonehenge Gray Current Color: Stonehenge Gray/Murano Green Engine: 1.8T Engine Modifications: Neuspeed chip Exhaust Modifications: removed OEM resonator Transmission Modifications: DieselGeek short shifter Suspension Modifications: KWv2 Brake Modifications: Porsche Boxster calipers, Brembo rotors all around Wheels and Tires: Staggered 19" Rial Nogaros w/ Pirelli PZero Nero Exterior/Body Modifications: custom two-tone paint (Stonehenge Gray/Murano Green), shaved bumper and door rub strips, shaved rear hatch emblem, W8 chrome roof rails, Zender front lip, Votex side skirts, Votex rear hatch wing, color-matched Euro tails, color-matched side markers, Kamei eyelids, badgeless/chromeless grill, shaved antenna, 45% tint all around Interior Modifications: R32 steering wheel and airbag, R32 pedals, Skoda Superb shift knob and boot, New Beetle sunglass holder, Euro headlight switch, stripped and hand brushed OEM Euro Net Optic interior pieces, W8 overhead console Audio/Video/I.C.E.: Alpine IVA-W200, Arc Audio IDX/XEQ combo, Arc Audio 4150XXK, 2050XXK, 2500XXK, (4) Arc Audio 10D2, Dynaudio System 340 MkII, Dynaudio System 240GT, (4) BatCap 400s in hatch, (4) BatCap 800s replacing the OEM battery, Monster Cable wiring and distribution, Dynamat Extreme throughout the car, custom sub boxes, amp rack, battery racks, kick panels, battery bus bars Thanks/Props: Arc Audio, Dynaudio, Monster Cable, BatCap, Select Products, Fred Lynch and the whole SacWater crew For more discussion on this story, click on the link to our discussion forums to the left. For more photos of the car in this story, click on the link to our gallery at the right.


text:
Music Lyrics
Bass and Guitar Tabs
and More...
Pearl Jam
Thumbing My Way
i have not been home since you left long ago
i'm thumbing my way back to heaven
counting steps, walking backwards on the road
i'm counting my way back to heaven
i can't be free with what's locked inside of me
if there was a key, you took it in your hand
there's no wrong or right, but i'm sure there's good and bad
the questions linger overhead
no matter how cold the winter, there's a springtime ahead
i'm thumbing my way back to heaven
i wish that i could hold you
i wish that i had
thinking 'bout heaven
i let go of a rope, thinking that's what held me back
and in time i've realized, it's now wrapped around my neck
i can't see what's next, from this lonely overpass
hang my head and count my steps, as another car goes past
all the rusted signs we ignore throughout our lives
choosing the shiny ones instead
i turned my back, now there's no turning back
no matter how cold the winter, there's a springtime ahead
i smile, but who am i kidding?
i'm just walking the miles, every once in a while i'll get a ride
i'm thumbing my way back to heaven
thumbing my way back to heaven
i'm thumbing my way back to heaven...
Click here to return to my Pearl Jam lyrics page
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Website © 2000-2014 mattsmusicpage.com. All rights reserved.
Legal & DMCA: Matt's Music Page has been providing lyrics and tabs in a legal way, paying royalties each year to a few organizations. Then, all lyrics and tabs were removed from the site. Now, there's a new owner to the site, which purchased it August 26, 2014, and he is in negotiation to obtain licensing from BMI at the moment. If you have a specific DMCA request -- please do not hesitate to contact me via the contact button on top. I will do my very best to keep this site fully legal.
Vtg RED Faux-Denim Rhinestone Vinyl 45 RPM 7 inch Record Case Carrier Box 1970s
1967 Walt Disney's happiest Song Vinyl Record
Vintage Walt Disney Cinderella Vinyl Record
VINTAGE BILLY JOEL "52nd Street" 1978 Vinyl Records
Vintage 1982 Star Wars Empire Strikes Back Vinyl 45 RPM Record Tote Case R2D2


text:
Tuesday, July 6, 2010
Finally! Things are humming!
The milkweeds have been blooming for weeks, but is only in the past few days that they have seen any action. Now they are covered - you can hear humming from 3-4 feet away. I've seen honeybees, native bees, giant wasps, hover bees, metallic bees, flies, and butterflies (cabbage, frittilaries & the occasional monarch - no skippers yet).
This is a first time bloom for my 3 varieties of milkweeds (swamp, ice ballet & common). The first 2 have lovely blooms with a strong honey fragrance. The common? Not so much. Their blooms are pendulous and floppy and the only thing that is feasting on them are the Japanese beetles. I will probably remove them from the garden (unless I eventually see some Monarch larvae on them).
I read that there is so much nectar in the milkweed blooms that sometimes bees get stuck in them. I've seen this first hand and have helped free several honeybees already. They seem to get a hind leg stuck in the nectar cup and they can't pull away. So I use a bit of a stick or something for them to hang onto and I pull them out.
I can see what all the hype is about this plant and it's attraction. The fragrance is nothing short of sweet intoxication. I don't know how long the plants will bloom, but they are a wonderful addition to the bee forage ring bed. If I do pull out the common milkweed, I will replace those 2 plantings with more swamp (pink) and ice ballet (5% white) unless I acquire other types that might also be as successful (and beautiful). Advice would be welcome!
Now that the bees are in the milkweed and on the clover, they are also enjoying the lavender and catmint. The phlox is also getting a little action and now that the lavender hyssop has started to bloom, they should soon be covered with busy bees. Yay! :-D
4 comments:
That is what your garden is for, right? Great, Kris. I can see how you enjoy it.ReplyDelete
Ha Xuan - yes, the garden is much more enjoyable when there are lots of bees & butterflies & dragonflies & birds on the flowers. (Well, except for the Japanese beetles! LOL)ReplyDelete
I'm seeing more bees, butterflies, and wasps, too. I don't think we have those beetles, but we do have some smaller ones that spread disease.ReplyDelete
Sue - Right now (7/17), I'm see an wide variety of native & bumble bees this year! I just wish my camera was better for macros. And with the addition of the asclepias incarnata this year, I'm seeing lots of other new bugs (friend or foe, I just don't know).ReplyDelete
Not as many butterflies, though. And it was only yesterday that I saw my first skipper! A Yellowpatch.
Thank you for visiting. I appreciate your notes, comments and questions and will try to reply to each one! :-)


text:
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[Date Index]
[Thread Index]
[Author Index]
Re: svg import
I didn't think you just wanted it inside the document. I thought you
wanted it available as a Mathematica object/expression/whatever. Of
course, this makes me wonder if it actually can import SVGs; I welcome
anyone to show me a way to do it.


text:
GodFinger is another social interactive game from Ngmoco and soon to be released worldwide. Already it is a hugely popular game but at present it is only available in Canada. Similar to how We Rule recently launched after beta testing in Canada it will now be be GodFingers turn. So to help you along your way when you finally get … Read More
20 Most Useful iPhone Apps: A day in the life of an iPhone addict
I read several days ago that a study had been done by Stanford University that had confirmed that many people are infact addicted to their iPhone. The iPhone users that took part in the study said that it was part of their lives and they would not be able to function each day without it. The Huffington Post reported some … Read More


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Dr. Van Galen discusses her research on social mobility for kids whose parents did not attend college and what it takes for these kids to be successful while moving into new social and intellectual worlds. (9 min., 1 sec.)
UW Bothell's average undergraduate class size is 27, and its average graduate class size is 17.
© University of Washington Bothell Privacy | Terms


text:
Tweets from @TBHomeTeam/writers
MORE from our HomeTeam writers.
Wed. November 18, 2009 | Keith Niebuhr
Friday night will be an important one for RB Bernard Reedy.
Not only does his Lakewood team play at Pasco in the first round of the Class 3A playoffs, but Reedy has been told coaches from both Florida State and Miami will be in attendance to check him out. Thus far, neither school has offered him a scholarship, but both have shown "medium interest," Reedy said.
The electrifying Reedy has rushed for more than 1,000 yards this season and has scored 15 TDs. He's also one of the region's better kickoff returners.
The 5-foot-10, 175-pound standout has offers from Colorado State, Iowa, Iowa State Syracuse, Toledo and Troy.
Rivals.com rates him as a three-star prospect.
--KEITH NIEBUHR (firstname.lastname@example.com)


text: Tuomas Marttila/Getty Images Motivating Yourself to Lose Weight By Marc Elliott October 24, 2013 What's the craziest thing you've ever done to try and drop a few pounds? Read More Category: Articles Tags: Motivation, Weight Loss Send to a friend! Share on Facebook Share on Twitter Pin it! Reddit This! Share on Tumblr!


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Source: Despite the fact that Pope Francis received many accolades for taking a position against traditional authoritarianism and for criticizing the church for obsessing over birth control and homosexuality at the expense of more important issues, such as economic justice, Francis is now pushing back on the nuns who do just that. I'm talking about the Leadership Conference [Read More…]
Archives for May 12, 2014 @ 14:27
Social Justice Nuns Not on Board with Pope Francis
May 12, 2014 @ 14:27 by Leave a Comment
Atheism Loses its Children to Faith
May 12, 2014 @ 10:14 by Leave a Comment
Source [Read more…]
What Has the Bible to do with Beijing? (Jackson Wu)
May 12, 2014 @ 0:05 by Leave a Comment
Jackson Wu teaches theology and missiology for Chinese pastors. He blogs at www. jacksonwu.org. Wu has also written Saving God's Face: A Chinese Contextualization of Salvation through Honor and Shame (2013). Follow him on Twitter by clicking here. What has the Bible to do with Beijing? (This is a follow-up to my previous post reviewing the chapters by Mark [Read More…]


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We are currently receiving applications and resumes. For more information or to apply, check our job application page. We're looking to fill the following positions:
Ordained Staff Roles
Internship | Curate (ordination track)
This role is designed for those working toward ordination or for people interested in experiencing ministry in an urban, post-Christian context who would like to come join our team for a 1-2 year period.
Compensation: Interns will need to fundraise their salary and/or be bivocational.
Non-Ordained Staff Roles
Music Director
We're looking for a person who is a skilled musician and capable of leading a team of artists in creating sacred and aesthetically inspiring music for our worship gatherings. Applicants ought to be experienced, familiar with liturgical worship, and have a wide repertoire of sacred music—from hymns and sacred choral to contemporary. Ideally this person would have a primary proficiency on the keyboard. Additionally, this person needs to be organized, familiar with software related to music/worship, and able to articulate an Anglican understanding of worship.
Compensation: This is a part-time role. Salary depends on experience.
Administration | Communications
We're looking to hire a qualified candidate with experience in administration, print design (some familiarity with Adobe InDesign and Photoshop), basic web management (WordPress), and communications to join our team. The focus of responsibilities will include scheduling, organization, database work, graphic design, media, website content management, volunteer coordination, and more.
Compensation: This is a part-time role. Salary depends on experience, scope of responsibilities, and hours.
Internship (non-ordination track)
This role is for persons who would like to invest themselves in developing some aspect of the mission and ministry of Eucharist Church, but who are not pursuing ordination. Focus of responsibilities could include any of the following areas: Worship Arts; Media/Design; Evangelism; Justice/Community Outreach; Administration; Youth/Children's Ministry; Business/Christian Mission;
Compensation: In most cases, interns will need to fundraise their salary and/or be bivocational.
What We're Looking For…
Character: A ministry team, by definition, must operate with a lot of trust; character is the foundation of trustworthiness. We expect each other to operate with Christ-like maturity and to be quick to make things right when things go off the rails. While it's true that we're all in process in many ways, we expect a foundation of humility, honesty, and unselfishness from each other.
Competence: We aren't just looking for "good-hearted" people. If we're compensating a position, it's because we need particular skill sets in order to catalyze the health and growth of the entire church. We're not interested in creating a performance culture which often carries toxicity, but we do expect excellence.
Chemistry: It's not enough to be a "good person" and competent. Teams that produce great fruit are ones that have people who complement and round out each other. They're teams that flow together and understand each other. They operate with a shared imagination, a sense of intuition (which is not a substitute for a lot of really good communication). It's not enough to just like working together; we need to be headed the same direction. If you're interested in a job at Eucharist Church, please spend a sufficient amount of time looking over this website so you can know if we're a good fit for you.
Commitment: Ministry in San Francisco is quite an experience—there's a challenge factor that can make it rewarding, but make no mistake, it's difficult and frustrating on many occasions. It's expensive, it's hard soil, spiritually speaking, and it's relationally frustrating at times when large portions of the city turn over due to transiency. For a team to be healthy, we need a measure of continuity and perseverance. We're not asking for the rest of your life, just a healthy sense of expectations and good communication. We realize that Christ calls us; our job is to obey.
Camaraderie: Last, but not least, we are looking for comrades. Ministry is exponentially more sustainable and enjoyable when everyone knows that "we're in it together." We celebrate and grieve together. We experience the trenches together. We laugh and enjoy ourselves because we like each other.


text:
Hey everyone. My names Brandon and I just recently purchased my Cabby and I love it. I've always been a Honda enthusiast, but I've had a soft spot for VW's for as long as I can remember. My daily/"fast" car is my 03 Acura RSX Type S that I use for AutoX and back roading and it's gotten to the point that any legitimate modification is going to ruin it as a daily, and I wanted a summer cruiser. So, when the wholesaler who works through the dealership I work for had a Mk1 Wolfsburg Cabriolet on our back lot I knew I had to get it. So a few days later the keys landed in my hands. It's a blast to drive and I can't wait to fiddle with it more. On to the pics.
it's got a little damage to the front end and a rust hole in the passenger rear quarter.
Plans for it so far are to get it up to date on maintenance and flush all the fluids, replace the top, get some new suspension(The drivers side sits lower than the passenger side ), get euro bumpers, have it repainted fresh OEM Flash Silver, get wheels of some sort and enjoy cruising to all sorts of shows/meets in it this Summer. Open to any suggestions you guys may have or any advice. If I decide to keep it for the long term I'd like to get air suspension and shave/tuck the engine bay.
And for good measure, the daily.


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|Verbree, David
|Duiker, Sjoerd
|Kleinman, Peter
Submitted to: Journal of Environmental Quality
Publication Type: Peer Reviewed Journal
Publication Acceptance Date: 4/21/2010
Publication Date: 9/1/2010
Citation: Verbree, D., Duiker, S., Kleinman, P.J. 2010. Runoff losses of sediment and phosphorus from no-till and cultivated soils receiving dairy manure. Journal of Environmental Quality. 39(5):1762-1770. Interpretive Summary: No-till is credited with improving water quality by lowering erosion, but questions remain as to no-till's effects on phosphorus from soils receiving livestock manure. This study compared phosphorus losses in runoff from different Pennsylvania soils receiving dairy manure. While no-till clearly lowered phosphorus runoff from well drained soils, losses were exacerbated in soils with poor drainage. Soil hydrology must be considered in targeting tillage management, especially in systems where manure is used.
Technical Abstract: Managing manure in no-till systems is a water quality concern because surface application of manure can enrich runoff with dissolved phosphorus (P) while incorporation by tillage increases erosion potential and particulate P loss. This study compared runoff from well-drained and somewhat-poorly-drained soils under corn (Zea mays, L.) production that had been in no-till for more than 10 yrs. Dairy cattle (Bos Taurus L.) manure was either broadcast into a fall planted cover crop prior to no-till corn planting, or incorporated by chisel/disk tillage in absence of a cover crop. Rainfall simulations (6 cm hr-1) were performed after planting, at mid-season, and after harvest in 2007 and 2008. In both years and on both soils, no-till yielded significantly less sediment than did chisel/disking. Relative effects of tillage on runoff and P loss differed with soil. On the well-drained soil, runoff depths from no-till were much lower than with chisel/disking, producing significantly lower total P loads (22-50% less). On the somewhat-poorly-drained soil, there was little to no reduction in runoff depth with no-till, and total P loads were significantly greater than with chisel/disking (40-47% greater). Particulate P losses outweighed dissolved P losses as the major concern on the well-drained soil while dissolved P from surface applied manure was more important on the somewhat-poorly-drained soil. This study confirms the benefit of no-till to erosion and total P runoff control on well-drained soils, but highlights trade-offs in no-till management on somewhat-poorly-drained soils where the absence of manure incorporation can exacerbate total P losses.


text: I found these in my house and since I have a few teenagers around I was curious as to what they are. I have had no luck finding an answer on the pill identifier. They are two toned capsule kind of burgendy with pink the letter M with a square around it and the numbers 532 on each half of the of capsule. Can anyone help id these? Thanks!


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Category: Announcer Blog
Unexpected Surprises
It all started on Christmas day. A dull ache directly under my right ribs. At first I was sure I had over indulged at Christmas dinner. Then as it got worse, I realized it might be something else. Sleep eluded me that night. Good thing, because it made sure I was first in line for urgent care the next morning.
After seeing the doctor, she thought it could be a gallbladder stone. One ultrasound later, we discovered it was two fairly large kidney stones. Ouch! No wonder I was in such pain. Then I waited for a CT scan. Later I waited even longer to see the urologist. I ended up spending the entire day at urgent care. I didn't leave until they closed their doors at 6pm.
That same night I ended up at the ER. Even with my new medications to help the stones come out, I was still sure I wasn't going to survive. Of course I did. I just had to take the rest of the week off of work.
Fast forward 23 days, and still my two kidney stones were stuck. I started having extreme pain right after I got home from work yesterday. The pain was so bad, I called my husband Matt saying "Come home please, I'm sure I'm dying." Of course I wasn't, but it was terrible.
Two hours later I was admitted to the hospital for laser kidney stone removal. This is where I was so surprised at how God orchestrated everything. He surprised me by the people he sent to take care of me.
As I arrived, I was admitted quickly by the same person who remembered me from my last ER visit the day after Christmas. I got wheeled down to Obstetrics. I wasn't sure why I was on the OB ward, but apparently they were having a slow night, and most of the other floors were very busy. Since I delivered both of my girls at this hospital, the OB nurses know me quite well. I was treated like a queen and a long lost girlfriend. We laughed and chatted, all while I was getting prepped for surgery. It made what is normally a very nerve wracking time for me quite pleasant.
When the anesthesiologist came in, he remembered me from my last surgery. I found that quite odd since it was nearly 3 years ago, and he's seen thousands of patients since then. We chatted and laughed. He asked about my girls all while getting the necessary pre-surgery information.
Right as I was being wheeled from my hospital room to surgery, the two nurses who had been getting me prepped for surgery asked if they could pray with me. They each took one of my hands, and prayed over me. At that very moment I felt my anxiety leave me. I stopped shaking, my breathing slowed down, and I felt God's presence with me.
It wasn't until after I was out of surgery 1 hour later that I found out I didn't need to spend the night in the hospital. I was able to go home the same night. By 9:30 I was back in my own house and feeling amazing. I felt so good, I started a load of laundry, picked up my bedroom, and unpacked my hastily packed hospital bag.
I checked my smart phone and realized that my husband had called some friends to pray for me while I was in surgery, and I had lots of encouragement waiting for me.
When I woke up this morning, I knew I had to come to work today. I feel fantastic. I haven't felt this good in weeks. A good surgeon and modern medicine left me without a single incision, so I don't feel guilty at all about being here. I was told as soon as I can take Motrin and skip the narcotics, I can be back at work. So here I am.
Thanking God for his blessing, and placing the right people in my life at the right time. Yesterday evening could've been terrifying for me, but it wasn't. Thank you Lord!


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Meanwhile, T-Mobile has preloaded the smartphone with a number of extras, including Slacker, Netflix, TeleNav GPS Navigator, and T-Mobile TV. The latter lets you stream live and on-demand content from channels such as CBS, NBC, ABC, Fox, ESPN, and VH1. You get a 30-day complimentary trial of the service, but afterward you will need to pay a $9.99-per-month subscription fee. The HD7 is also the first device to come with T-Mobile's Family Room app. Here you can share calendar events, notes, and photos with a user-defined group of family members.
Of course, you can download more apps from the Windows Phone Marketplace. At launch, Microsoft estimates that there will be 1,000 apps in the store, with several hundred apps planned for release each week until the end of the year. You can check out some of the available titles in our hands-on gallery of Windows Phone 7 apps.
Be aware that the HTC HD7 has 16GB of internal memory but no expansion slot. This should be enough for most people, but if you've got a huge multimedia library or like to load up your phone with apps and games, keep an eye on your available memory. One tip for freeing up storage while still being able to enjoy tunes is to stream music from services, such as Zune Pass, Slacker, and I Heart Radio, or use the Zune's built-in radio.
The minimum camera requirement for Windows Phone 7 is 5 megapixels, and that's exactly what you get with the HTC HD7. The camera has various settings, including six different resolutions, effects, scenes, and flicker adjustment. HTC also offers a free Photo Enhancer app--available as a free download from the HTC Hub or Windows Phone Marketplace--that allows you to touch up photos and add effects.
It certainly came in handy; the picture quality on our standard camera phone shot didn't turn out all that great. With the autoflash setting, images came out pinkish and soft, but when we turned the flash on, it was too harsh. That's when we turned to the "Auto enhance" option in Photo Enhancer app. Though it didn't improve the sharpness all that much, it did do away with some of the pinkish hue and brightened up the photo overall. The camera did much better with outdoor shots, producing clear shots with more accurate colors. It's also capable of HD video capture. Video quality was decent but also could have a slightly hazy effect to it.
We tested the quad-band (GSM 850/900/1800/1900) HTC HD7 in New York using T-Mobile service, and call quality was good. On our end of the conversation, the audio was rich without any type of voice distortion. We detected some slight background hissing but nothing that interrupted or distracted us from the conversation. Meanwhile, friends had mostly positive things to say, though one caller did mention that our voice occasionally sounded muffled, but again, not enough to disrupt the call.
HTC HD7 call quality sample
Listen now:
Unfortunately, speakerphone quality wasn't all that great. Even with the volume cranked up to the highest level, we had a hard time hearing our callers in a room with an open window, and voices sounded tinny. Our callers also reported that we sounded far away. On the bright side, we had no problems pairing the smartphone with the Logitech Mobile Traveller Bluetooth headset or the Motorola S9 Bluetooth Active Headphones.
As we mentioned earlier, the HTC HD7 doesn't support T-Mobile's HSPA+ network, but we still had good data speeds over its regular 3G network. CNET's full site loaded in 16 seconds, while CNN and ESPN's mobile sites loaded in 8 seconds and 5 seconds, respectively. YouTube videos took a few seconds to load but played back without interruption and with synchronized audio and video. T-Mobile TV episodes also took several seconds to load, but looked great on the HD7's large screen. As you would expect, video quality was better over a strong Wi-Fi network than over a 3G connection.
The HTC HD7 is equipped with a 1GHz Snapdragon processor and 512MB ROM/576MB RAM. The processor isn't the next-gen Snapdragon processor found in the T-Mobile MyTouch 4G; in fact, it's the same processor found in the HD2. It would have been nice if there had been more hardware upgrades, including the processor and display, but the smartphone was generally responsive during our review period. Applications launched almost immediately, and we didn't experience any major delays or crashes. However, as on the Samsung Focus and HTC Surround, it took a little while for Xbox Live games to load, but once going, the gameplay was smooth and fun.
The HTC HD7 ships with a 1,230mAh lithium ion battery with a rated talk time of 6.5 hours and up to 14.5 days of standby time. It's a smaller battery for a device of its stature, so that's a bit disappointing. We certainly noticed an effect on battery life when we played games and watched video. However, the smartphone did meet its rated talk time in our battery drain tests. According to FCC radiation tests, the HD7 has a digital SAR rating of 1.15 watts per kilogram.


text:
I've done a liposuction a couple of days ago. I paid to do upper/lower abs and flanks.(paid in cash) But I realized 15 days later that he haven't touched my flanks. So, yesterday i went to another surgeon to ask for a second opinion, and he also assured me that this was true.
My "fat" flanks, is still here. So, my question is. What can i do? There's any law that will help me, in case if he doesn't want to do this? I have the receiver, and before pictures. So i have a proof.