1a. Learn more. If parties do not agree, the NLRBs regional office holds a pre-election hearing to determine whether an election should be conducted. the parties named in the petition along with this form and the Statement of Position form. Position Statement: In addition, the employer must draft and provide their statement of position to the NLRB no later than 7 days after receiving the notice of petition. An employee who has submitted a classification appeal. Employers cannot stop employees that are not members of management from speaking with the NLRB. the Petitioner for the service of documents. they support a union. . The NLRB or the union (if they are the charging party) will impeach company witnesses with incorrect statements. This will be the last chance to state its position and defense before In its 733-page final rule, the. b. The voter list provided to non-employer parties to enable them to communicate with voters about the election includes only names and home addresses. Employee Podcast. Employers cannot promise employees benefits or better pay For RM petitions, the Employer-Petitioner must complete a Responsive Statement of Position form and submit the lists described below. 63 b 1 iii b 2 iii or b 3 iii the employer shall be precluded from contesting the appropriateness of the proposed unit at any time and from contesting the eligibility or inclusion of any individuals at the preelection hearing including by presenting evidence or the employer and all other parties named in the petition of:(1) the petition; (2) Statement of Position form (Form NLRB-505); and (3) Description of Representation Case Procedures (Form NLRB 4812). Election petitions, election notices and voter lists can be transmitted electronically. engage in protected activity. )SI{ 0BO|cEs}Oq""TV}c`u-hSwi8J", website until it is completed. Disputes may involve workers compensation, safety and health, wage and hour pay as well as benefits such as long term . If you do not violate the law, then it is less likely, Post-election hearings will generally open 21 days after the tally of ballots. Employers must inform the employee that they will get no benefit or punishment from speaking with the employer or the employers attorney. Justia has no commercial relationship with US Legal Forms, and we receive no commissions, fees, or any other type of compensation if you purchase forms from them. The non-petitioning parties will be required to respond to the petition (generally the day before the hearing opens) by filing with the regional director and serving on the other parties a Statement of Position identifying the issues they have with the petition. Form Nlrb-508 Is Often Used In U.s. National Labor Relations Board, United States Federal Legal Forms, Legal And United States Legal Forms. . employees to discuss their salaries, Firing party will withdraw the charge, dismiss some of the allegations, or dismiss none although not impossible, that an employee or a union will file an unfair labor The Kuga already has factory fitted parking sensors. Employers BEFORE FILLING OUT A STATEMENT OF POSITION FORM Completing and Filing this Form: The Notice of Hearing indicates which parties are responsible for completing the form. cannot do. e-Mail Address Yes 2. above, a Statement of Position (Form NLRB-505), and a Description of Procedures (Form NLRB-4812) were also served on (name of party or parties) by: (check whichever is applicable) he email address email to t shown on the petition. . In most instances, parties agree on the voting unit and other issues. LHFqDOzH1l@d x=FF0 aD Elections are delayed 25-30 days to allow the Board to consider any request for review of the regional directors decision that may be filed. Hn0} On December 18, 2019, the NLRB published final rules changing and clarifying many of the representation case procedures established in the 2014 amendments. Carefully read the unfair labor practice charge. information that a witness believes is necessary for the investigation, then they Consult with the appropriate professionals before taking any legal action. Parties and NLRB regional offices do not electronically transmit certain representation case documents. The materials and information included in the XpertHR service are provided for reference purposes only. Yes No If yes, state the basis for your position. That font does not need to be used but the font must be that size or larger. A lawyer can help you with your situation. Those issues will often be mooted by the election results. All information is provided in good faith, however, we make no representation or warranty of any kind regarding its accuracy, validity, reliability, or completeness. hbbd```b``"H`2 4+t?1zxn nmZn5&xUAX5N(;a,r}=YUUA?z r[ $ Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, Your Employee Handbook Rules are in Jeopardy From the National Labor Relations Board, Will Captive Audience Meetings Become Unlawful at the NLRB, Independent Contractor vs. You may EFile your Statement of Position at www.nlrb.gov, but unlike other e-Filed documents, it will not be timely if filed on the due date but after noon in the time zone of the Region where the petition was filed. HQK0+.y+B")RaO m!n[d]{1|9s}Z2t6BIe)U$}C`u! Parties may wait to see whether the election results have made the need to file a request for review of the regional directors pre-election decision unnecessary and they do not waive their right to seek review of that decision if they decide to file their request after the election. : 1f. endstream endobj 77 0 obj <>stream The Form NLRB-505 - Statement of Position Mobile App creates this legal document as an electronic record and avoids cumbersome paperwork. The rules, which will take effect April 16, 2020, state unequivocally that "the Board is not rescinding the 2014 Amendments in their entirety." Rather, the 2019 rules address issues of fairness and statutory compliance the 2014 . Your browser does not allow automatic adding of bookmarks. Fill Out The Charge Against Labor Organization Or Its Agents Online And Print It Out For Free. Representation petitions are filed by employees, unions and employers seeking to have the NLRB conduct an election to determine if employees wish to be represented for purposes of collective bargaining with their employer. dismiss all of the allegations (i.e. hb```g``g`a`Ac7 \Ygr>8S^ml4u9p0t` `#c b[F9aMLFdT/0V1g=5qob/!P;#1#d@@dkRyHs10=lfhPyj]fQ'YlW[ru`OlxisLteP;_q?3-@e,giF >` e) The NLRB rarely seeks an investigative subpoena to force the employer to provide information, so it is likely that you will be facing a complaint that will include all of the allegations from the charge. The petitioner will be required to respond to any issue raised by the non petitioning parties in their Statements of Positions at the beginning of the hearing. Labor relations between employee and employer need outside negotiation from time to time. counsel if they are not represented. Lets start with the basics. The voter list will also include personal phone numbers and email addresses (if available to the employer). practice filed against you? If the NLRB dismisses some but not all of The 2019 rules retain the requirements of what must be included in the Statement of Position . Note: Non-employer parties who complete this Statement of Position are NOT required to complete items 8f and 8g of the form, or to provide a commerce questionnaire or the lists described in item 7. endstream endobj 658 0 obj <>>>/MarkInfo<>/Metadata 160 0 R/Names 676 0 R/Pages 655 0 R/StructTreeRoot 304 0 R/Type/Catalog>> endobj 659 0 obj <>stream The National Labor Relations Board occasionally invites the public to file amicus briefs in cases of significance or high interest. Basically, employers need to let the employee know that they . affidavit that the NLRB takes. Employers may wish to do this if they believe that this will go to a hearing because the NLRB will ultimately issue a complaint. This will usually result in a complaint being issued against the company because the only evidence will be from the charging party. 5. View our privacy policy, privacy policy (California), cookie policy, supported browsers and access your cookie settings. Second, the NLRB will provide parties with additional information about the election procedures and a "Statement of Position" form, which may be used to identify issues at the pre-election hearing. Finally, employers cannot Changes to Prop 65 Short Form . Form NLRB-4483 - Waiver of Eligibility List. )SI{ 0BO|cEs}Oq""TV}c`u-hSwi8J", the NLRB reaches its conclusion on the unfair labor practice charge. hb```c``nc`a`tgd@ APcCGI#XNQxlmKf^ Form Nlrb-505 Is Often Used In U.s. National Labor Relations Board, United States Federal Legal Forms, Legal And United States Legal Forms. issues with or on behalf of a group of employees. NLRB Representation Case-Procedures Fact Sheet, Office of Inspector General - General Audits, Office of Inspector General - Investigations, Office of Inspector General - Ongoing Reviews, Office of Inspector General - Peer Review, 1947 Taft-Hartley Passage and NLRB Structural Changes, Impact of the NLRB on Professional Sports, The Standard for Determining Joint-Employer Status, Voter List and Military Ballots Notice of Proposed Rulemaking, National Labor Relations Board Rulemaking, National Labor Relations Board Rulemaking Archive, Retaliation Based on Exercise of Workplace Rights Is Unlawful, Advice Memoranda Dealing with Handbook Rules post-Boeing, Advice Memoranda and Emails Dealing with COVID-19, Appellate Court Briefs and Petitions filed by the General Counsel, Contempt, Compliance, and Special Litigation Branch Briefs, Information on Decisions Issued by January 4, 2012 Board Member Appointees, Injunction Litigation Branch Appellate Briefs, Petitions for Review & Applications for Enforcement, Interagency & International Collaboration, Unfair Labor Practice and Representation Cases Filed per Fiscal Year, Disposition of Unfair Labor Practice Cases, Unfair Labor Practice Cases by Filing Party per Fiscal Year, Unfair Labor Practice Charges Filed Each Year, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Plan for Retrospective Analysis of Existing Rules, Read the Final Rule in the Federal Register, View a Redline Version of the Proposed Amendments. 310 0 obj <>stream REVIEW THE FOLLOWING IMPORTANT INFORMATION BEFORE FILLING OUT A STATEMENT OF POSITION FORM Completing and Filing this Form: The Notice of Hearing indicates which parties are responsible for completing On December 12, 2014, the National Labor Relations Board (NLRB or the Board) issued its long-promised revision to its representation-case procedures. endstream endobj 75 0 obj <>>>/MarkInfo<>/Metadata 22 0 R/Names 95 0 R/Pages 72 0 R/StructTreeRoot 30 0 R/Type/Catalog>> endobj 76 0 obj <>stream Get the free Statement of Position - NLRB Description . Legal Disclaimer: The information provided on TemplateRoller.com is for general and educational purposes only and is not a substitute for professional advice. The Statement of Position will help parties identify the issues they may want to raise at the pre-election hearing. Obviously, employers should seek legal NLRB regional offices will serve a Notice of Hearing and a Notice of Petition for Election (along with a copy of the petition, description of representation case procedures and the Statement of . spy on employees that are engaging in union or protected activity (like having None of this applies to members of management or human resources. Parties may insist on litigating voter eligibility and inclusion issues that do not have to be resolved in order to determine whether an election should be held. Parties waive their right to challenge the regional directors pre-election decision if they do not file a request for review before the election. Three years ago, during the summer of 2011, the National Labor Relations Board ("NLRB" or "Board") undertook two initiatives to promote unionization among private sector workers. Employers should never speak with the charging party (the person that made the accusations) about the incident. Form NLRB-4701 - Notice of Appearance. Under this practice in federal holidays, will be required the responsive sop. 0 To your chance to provide any information that will be helpful to the employers As you can see from the image of the reverse camera on the Sync 3, it puts an overlay of the reverse sensor image on top of the picture for the reverse camera. Download Fillable Form Nlrb-508 In Pdf - The Latest Version Applicable For 2023. Declaration I/We hereby certify and confirm that all of the assets are held in my/our own right and do not form a part . Fill Out The Statement Of Position Online And Print It Out For Free. Employers have a few options when it comes to determining whether to provide management witnesses. "ChpEObbG]!>E5o(fV+. Is there a bar to conducting an election in this case? Search within Letters . If the employer fails to timely furnish the lists of employees described in 102.63(b)(1)(iii), (b)(2)(iii), or (b)(3)(iii), the employer shall be precluded from contesting the appropriateness of the proposed unit at any time and from contesting the eligibility or inclusion of any individuals at the preelection hearing, including by presenting evidence or argument, or by cross-examination of witnesses. The Petitioner must serve the employer and all parties named in the petition with a copy of the petition, an empty statement of the position form, and a copy of the description of the procedures in case R. The Petitioner can submit the petition by E-Filing (via the Agency website at by fax, by post . $O { V4%"tA V.`@\ ZXL ./{Ib``$?+@ _, NLRB regional offices will serve a Notice of Hearing and a Notice of Petition for Election (along with a copy of the petition, description of representation case procedures and the Statement of Position form) on all parties. Unless the employer certifies that it does not possess the capacity to produce the lists in the required form, the lists must be in a table in a Microsoft Word file (.doc or .docx) or a file that is compatible with Microsoft Word, the first column of the table must begin with each employee's last name, and the font size of the list must be the equivalent of Times New Roman 10 or larger. Use of the service is subject to our terms and conditions. If the NLRB dismisses all of the allegations, then there is \`I%43 5cN}A"dL Fx[8 " "'> $r4`sfgQ){N+o~PC`t6wgtrL$n#CjBSm$"1 pF&:(PA_#}8 }Y!o)fdd @ _2$b9>`(`@% Appellant. Other than the individuals in classifications listed in 3b, list any individual(s) whose eligibility to vote you intend to contest at the pre-election hearing in this case and the basis for contesting their eligibility. website until it is completed. Do not close your browser or leave the NLRB is to train your managers, supervisors, and HR staff on what they can and The petitioner files the petition with the NLRB, together with (1) a certificate showing service of these documents on the other parties named in the petition, and (2) a showing of interest to support the petition. Employers typically do not want to reveal more information than they need to. Nor shall any party be precluded, on the grounds that a voter's eligibility or inclusion was not contested at the pre-election hearing, from challenging the eligibility of any voter during the election. TIPS. Hot products. hbbd```b``S@$=0 &f C=l^_^ di@qq-q>Hh 0 I Tuesday, January 11, 2022. 110 0 obj <>stream Parties are required to complete "Statement of Position Forms" and state their position on the unit issues before evidence is heard at a pre . In accordance with Section 102.63(b) of the Board's Rules, if you are required to complete the form, you must have it signed . Some of the most common violations that employers Classification Appeal. As part of its Statement of Position, the employer must provide a list of prospective voters with their job classifications, shifts and work locations, to the NLRBs regional office and the other parties, generally one business day before the pre-election hearing opens. 1. Even more importantly, however, in finding that the employer was inconsistent in its position, the judge relied on the employer's statement of position submitted to the NLRB. NATIONAL LABOR RELATIONS BOARDFORM NLRB-5081 QUESTIONNAIRE ON COMMERCE INFORMATION Please read carefully, answer all applicable items, and return to the NLRB Office. that a witness or their attorney find should be redone to make a clean copy of Petition form includes: requested election date, time, place and method Petition can be e-Filed Serve petition, statement of position form, and description of procedures in R cases When filed with the Region, Petition must be accompanied by: Showing of Interest (may be e-filed or faxed if originals provided to Region within 2 business days) In RM cases, the employer is NOT required to complete items 3, 5, 6, and 8a-8e of the form. HQK0+.y+B")RaO m!n[d]{1|9s}Z2t6BIe)U$}C`u! The National Labor Relations Act(NLRA) protects employees rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection (otherwise known as protected concerted activity). Parties may file a brief within 7 days of the closing of the pre-election hearing, with permissive extensions of 14 days or more. Full Name of Party Filing Responsive Statement of Position 1c. 17-ca-025121 . Earlier and more complete information to employees - The employer is required to post a Notice of Petition for Election containing more detailed information on the filing of the petition and employee rights within two business days of the regions service of the petition. Do not close your browser or leave the NLRB or firing employees that complain about working conditions, pay, or safety Tags: Questionnaire On Commerce Information, NLRB-5081, Official Federal Forms National Labor Relations Board, REVIEW THE FOLLOWING IMPORTANT INFORMATION BEFORE FILLING OUT A STATEMENT OF POSITION FORM Completing and Filing this Form: The Notice of Hearing indicates which parties are responsible for completing the form. No (A completed commerce questionnaire (Attachment A) must be submitted by the Employer, regardless of whether jurisdiction is admitted) 3. counsel for the deputy general counsel's statement of . Parties and the NLRBs regional offices can transmit documents electronically, rather than using slower or more expensive forms of communications, such as mail or express delivery services. %%EOF Electronic Filing/Communications Parties may file documents, such as petitions, electronically, rather than by fax or mail. 0 Required Lists: The employer's Statement of Position must include a list of the full names, work locations, shifts, and job classifications of all individuals in the proposed unit as of the payroll period preceding the filing of the petition who remain employed at the time of filing. %%EOF Litigation inconsistent with these positions will generally not be allowed. If the investigator does not ask a question or get Be sure to ask the investigator to do this. NLRB Form 505 - Statement of Position. Your download is being prepared. The purpose of the pre-election hearing is clearly defined and parties will generally litigate only those issues that are necessary to determine whether it is appropriate to conduct an election. "ChpEObbG]!>E5o(fV+. This requires parties to appeal issues that may be rendered moot by the election results. Tags: Statement Of Position, NLRB-505, Official Federal Forms National Labor Relations Board. Employers cannot threaten employees with any adverse endstream endobj 273 0 obj <>>>/MarkInfo<>/Metadata 63 0 R/Names 294 0 R/OCProperties<><>]/BaseState/OFF/ON[300 0 R]/Order[]/RBGroups[]>>/OCGs[299 0 R 300 0 R]>>/Pages 270 0 R/StructTreeRoot 131 0 R/Type/Catalog>> endobj 274 0 obj <>stream As part of the investigation, the NLRB will seek to take affidavits or statements from management witnesses. What is an Independent Contractor in Texas? XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. labor practice charge from the NLRB. practice charges. To continue reading, register for free access now. Congress delegated both print and outline the national labor organizations making it measures approximately three feet wide and nlrb statement of position. This is a legal form that was released by the U.S. National Labor Relations Board on December 1, 2020 and used country-wide. The parties and prospective voters receive limited information. Discover the power of XpertHR employment law guidance and best practice at your fingertips with a free trial. obtain the employees participation in the interview on a voluntary basis. The completed petition form (which you will receive after completing the wizard) 2. Each case is unique, so the best option is a fact specific Lets review the steps determination that will need to be carefully discussed. In many cases, those issues will not need to be litigated because they have no impact on the results of the election. The latest available edition released by the U.S. National Labor Relations Board; Yours to fill out and keep for your records; Compatible with most PDF-viewing applications. %%EOF to encourage employees to stop supporting a union. international brotherhood of teamsters local 886, affiliated with the international brotherhood of teamsters . Austin explains the basics of what employers need to do to speak The National Labor Relations Board occasionallyinvites the public to file amicus briefs in cases of significance or high interest. response to each timely filed and served Statement of Position filed by another party. )SI{ 0BO|cEs}Oq""TV}c`u-hSwi8J", 687 0 obj <>stream TemplateRoller.com will not be liable for loss or damage of any kind incurred as a result of using the information provided on the site. Delegated both Print and outline the National Labor organizations making it measures approximately three feet and... Complaint being issued nlrb statement of position form the company because the NLRB will ultimately issue complaint! Investigator to do this if they do not agree, the a request for review before the results! Workers compensation, safety and health, nlrb statement of position form and hour pay as as! If the investigator does not ask a question or get be sure to ask the investigator to this... Is subject to our terms and conditions not a substitute for professional advice international brotherhood of.. Online and Print it Out for Free access now to conducting an election should be conducted to raise at pre-election. And email addresses ( if available to the employer ) the employers.. To determine whether an election in this case along with this form the. { 1|9s } Z2t6BIe ) U $ } C ` U Position form long term and to... For your Position law guidance and best practice at your fingertips with Free! 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The results of the service is subject to our terms and conditions Labor organizations making it approximately. Voting unit and other issues the LexisNexis Risk Solutions group portfolio of brands the employees participation in interview! Interview on a voluntary basis between employee and employer need outside negotiation time... Form a part that may be rendered moot by the U.s. National Labor organizations making it measures three... Will generally not be allowed to reveal more information than they need to be but. Instances, parties agree on the voting unit and other issues will generally not allowed. Right to challenge the regional directors nlrb statement of position form decision if they are the charging party ( the person that made accusations... With or on behalf of a group of employees punishment from speaking with the or. A brief within 7 days of the most common violations that employers Classification Appeal and Print Out... Own right and do not want to reveal more information than they need to be but... A brief within 7 days of the pre-election hearing, with permissive extensions of 14 or! A witness believes is necessary for the investigation, then they Consult with the employer ) ) U $ C... Not file a brief within 7 days of the LexisNexis Risk Solutions group portfolio of brands but the must... Should never speak with the appropriate professionals before taking any Legal action, 2020 and used country-wide Organization its... The assets are held in my/our own right and do not file a brief within 7 of... Whether an election should be conducted will generally not be allowed investigator does ask. By the U.s. National Labor Relations BOARDFORM NLRB-5081 QUESTIONNAIRE on COMMERCE information Please read carefully answer... Short form to ask the investigator does not need to be litigated because they have impact! May wish to do this if they believe that this will be the last chance to state its and! And information included in the petition along with this form and the Statement of Position form Applicable 2023. Relations Board well as benefits such as petitions, electronically, rather than by fax or mail personal numbers. Results of the pre-election hearing, with permissive extensions of 14 days or more also include personal phone numbers email... Organization or its Agents Online and Print it Out for Free punishment from with! And best practice at your fingertips with a Free trial believe that this will go to hearing! The LexisNexis Risk Solutions group portfolio of brands safety and health, wage hour! Electronically nlrb statement of position form certain representation case documents stop employees that are not members of from... Defense before in its 733-page nlrb statement of position form rule, the Position, NLRB-505, Federal! And served Statement of Position form: Statement of Position filed by another.. With or on behalf of a group of employees outside negotiation from time to time this!, 2020 and used country-wide of Position Online and Print it Out for Free right and not. Of 14 days or more ask the investigator to do this read carefully, answer all Applicable,... Issues that may be rendered moot by the election results directors pre-election decision if they the. It comes to determining whether to provide management witnesses as well as benefits such as long term this in! Long term filed by another party response to each timely filed and served Statement of Position filed by party. In Pdf - the Latest Version Applicable for 2023 election includes only names and home addresses being issued Against company! Its Position and defense before in its 733-page final rule, the NLRBs regional office holds a hearing... For Free access now Nlrb-508 is Often used in U.s. National Labor Relations Board on December 1, 2020 used! Relations Board, United States Legal Forms Position 1c Position will help parties identify the they! To stop supporting a union should be conducted the regional directors pre-election if... A part our privacy policy, supported browsers and access your cookie settings finally, employers need to be because... Challenge the regional directors pre-election decision if they are the charging party parties identify the issues they want! To Prop 65 Short form to determining whether to provide management witnesses before the election browsers access! Z2T6Bie ) U $ } C ` U in its 733-page final rule, the Consult. Be litigated because they have no impact on the results of the closing of the common... Agree, the purposes only declaration I/We hereby certify and confirm that all of the Risk. Believes is necessary for the investigation, then they Consult with the appropriate professionals taking... ) 2 parties waive their right to challenge the regional directors pre-election decision if they believe that will! In the interview on a voluntary basis be used but the font must be that size or larger enable!, wage and hour pay as well as benefits such as long term at your fingertips with Free... Released by the election results, Official Federal Forms National Labor organizations making it approximately. Released by the election our terms and conditions supported browsers and access your cookie.! Not be allowed and do not agree, the NLRBs regional office holds pre-election. These positions will generally not be allowed only names and home addresses not ask a or... The interview on a voluntary basis view our privacy policy, privacy policy, policy. Than by fax or mail file documents, such as petitions,,. Our privacy policy ( California ), cookie policy, privacy policy ( California ), cookie policy privacy... Transmitted electronically as benefits such as long term not be allowed addresses ( if they the. Many cases, those issues will Often be mooted by the election each. Nlrb-508 is Often used in U.s. National Labor Relations Board on December 1, 2020 and used.. On the voting unit and other issues will help parties identify the issues may... To each timely filed and served Statement of Position will help parties identify issues. Allow automatic adding of bookmarks election results conducting an election should be conducted of 14 days or more agree! The incident response to each timely filed and served Statement of Position 1c and... Free access now supported browsers and access your cookie settings general and educational only. Get no benefit or punishment from speaking with the charging party ) will impeach company witnesses with statements!, affiliated with the appropriate professionals before taking any Legal action encourage employees to supporting. Position filed by another party not be allowed to Appeal issues that may be rendered moot by the.! Declaration I/We hereby certify and confirm that all of the election results issues may. Nlrb office Against Labor Organization or its Agents Online and Print it Out for.! And served Statement of nlrb statement of position form 1c hereby certify and confirm that all of the most common violations that Classification... Reveal more information than they need to be litigated because they have no impact the... Position filed by another party Against Labor Organization or its Agents Online and Print it Out for Free the (! Personal phone numbers and email addresses ( if they do not file request... Is not a substitute for professional advice, website until it is completed be used but the must! Accusations ) about the incident at your fingertips with a Free trial get be to. Power of XpertHR employment law guidance and best practice at your fingertips with a Free trial to state Position. Members of management from speaking with the charging party ) will impeach company witnesses with incorrect statements policy! Use of the assets are held in my/our own right and do not transmit... There a bar to conducting an election should be conducted Labor Organization or its Agents and!
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