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Chapter 1 — Employee Committees - Chapter 2 — Interference with Rights of Employees
- I. [2.1] Introduction
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II. Who Is and Who Is Not Protected Under the NLRA? - III. [2.7] Employer’s Responsibility for the Conduct of Others
- IV. [2.8] Employer Interference, Restraint, or Coercion
- [2.9] Economic Coercion and Inducement — Changes in Wages, Hours, and Working Conditions
- [2.10] Polls, Interrogation, and Surveillance
- [2.11] Polls
- [2.12] Interrogation
- [2.13] Surveillance
- [2.14] Speeches — Threat or Prediction
- [2.15] Captive-Audience Meetings
- [2.16] No-Distribution and No-Solicitation Rules
- [2.17] Interference with Employees’ Rights During a Strike
- [2.18] Lockouts
- [2.19] Plant Closures
- [2.20] Employer Domination or Assistance to a Labor Organization
- V. [2.21] Discipline, Discharge, and Other Conduct Under §§8(a)(1) and 8(a)(3) of the NLRA
- [2.22] Section 8(a)(1) — Concerted Activities for Mutual Aid or Protection
- [2.23] Employer Work Rules and the NLRA
- [2.24] Employees’ Social Media Activity and the NLRA
- [2.25] Early Cases Regarding Employee Discipline Under §8(a)(1)
- [2.26] NLRB Office of the General Counsel Issues Advice Memoranda Regarding Employee Discipline Under §8(a)(1)
- [2.27] NLRB Acting General Counsel Issues Three Reports on Social Media Cases
- [2.28] NLRB Social Media Decisions
- [2.29] Section 8(a)(3) — Discipline and Discharges Intended To Discourage Union Membership
- [2.30] Other Discriminatory Conduct
- [2.31] Union Representation at Employer Interviews
- [2.32] Discipline of Supervisors
- [2.33] Discipline of Union Stewards
- [2.34] Retaliatory Lawsuits
- [2.35] Overbroad Severance Agreements
- VI. [2.36] Discharge and Discrimination Under §8(a)(4) of the NLRA
- Chapter 3 — The Duty of Fair Representation
- I. Introduction
- II. Sources of the Duty
- III. Jurisdictional Aspects
- IV. Nature of the Duty
- [3.13] In General
- [3.14] Initial Test
- [3.15] Doctrine of Vaca v. Sipes
- [3.16] Arbitrary, Discriminatory, or Bad-Faith Conduct vs. Negligence
- [3.17] Duty of Fair Representation at Arbitration
- [3.18] Negligent Union Conduct in Wrongful-Death and Safety Litigation
- [3.19] Scope of the Duty — In General
- [3.20] Negotiation of the Bargaining Agreement
- [3.21] Administration of the Agreement
- [3.22] Beneficiaries of the Duty
- V. Factual Contexts Giving Rise to the Duty of Fair Representation
- VI. Exhaustion of Nonjudicial Remedies
- [3.31] Exhaustion Under the Bargaining Agreement — Generally
- [3.32] Application of the Maddox Doctrine
- [3.33] Fair Representation Exception
- [3.34] Repudiation Exception
- [3.35] Nonexclusive or Inadequate Grievance Machinery Exception
- [3.36] Exhaustion of Intra-Union Remedies
- [3.37] Application of the Intra-Union Exhaustion Requirement
- [3.38] Exceptions to the Requirement of Intra-Union Exhaustion
- [3.39] Statutory Exceptions
- [3.40] Futility Exception
- [3.41] Inadequate Remedies
- [3.42] Who May Invoke the Defense
- VII. Enforcement of the Right of Fair Representation
- [3.43] Selecting the Forum — In General
- [3.44] State Court Actions
- [3.45] Federal Court Actions
- [3.46] NLRB
- [3.47] Other Federal Agencies
- [3.48] State Agencies
- [3.49] Election of Remedies
- Federal and State Court Remedies for Breach of the Duty of Fair Representation
- [3.50] Backpay and Related Damages
- [3.51] Emotional Distress Damages
- [3.52] Punitive Damages
- [3.53] Attorneys’ Fees
- [3.54] Equitable and Other Relief
- [3.55] NLRB Remedies
- VIII. Procedural Aspects and Problems
- IX. [3.64] Conclusion
- X. [3.65] Appendix: Resource Materials on the Duty of Fair Representation
- Chapter 4 — Union Unfair Labor Practices
- I. [4.1] Scope of Chapter
- II. [4.2] Historical Background
- III. Union Interference with Employee Rights
- [4.3] NLRA §7 — Rights of Employees
- [4.4] NLRA §8(b)(1)(A) — Restraint and Coercion
- [4.5] Violence and Threats
- [4.6] Restrictions on Resignation from Union Membership
- [4.7] Union Rulemaking and Enforcement of Union Discipline
- [4.8] Union Dues and Fees
- [4.9] Use of Adversarial Proceedings
- [4.10] Other NLRA §8(b)(1)(A) Violations
- [4.11] NLRA §8(b)(2) — Hire and Tenure of Employment
- [4.12] Hiring Halls
- [4.13] Discriminatory Conditions for Membership
- [4.14] Superseniority Issues
- [4.15] NLRA §8(b)(5) — Excessive Initiation Fees and Dues
- [4.16] NLRA §8(f) — Prehire Agreements
- IV. Union Interference with Employer Rights
- [4.17] NLRA §8(b)(3) — Collective-Bargaining Process
- [4.18] “Good Faith” Defined
- [4.19] Failure To Furnish Information
- [4.20] Absence of Bargaining
- [4.21] Insistence on Nonmandatory Subjects
- [4.22] Unilateral Changes to Contract
- [4.23] Failure To Give NLRA §8(d) Notice
- [4.24] Unilateral Change in Scope of Unit
- [4.25] Healthcare Institutions
- [4.26] NLRA §8(b)(1)(B) — Coercion in Selection of Collective-Bargaining Representatives
- [4.27] NLRA §8(b)(6) — Featherbedding
- [4.28] NLRA §8(b)(7) — Recognitional and Organizational Picketing
- [4.29] Definition of “Picketing”
- [4.30] Recognitional and Nonrecognitional Objectives
- [4.31] Picketing To Protest Unfair Labor Practices or Discharges
- [4.32] Area Standards Picketing
- [4.33] Picketing for Members-Only or Prehire Agreements
- Prohibited Recognitional Picketing
- [4.34] Picketing When Another Union Is Currently Recognized
- [4.35] Picketing Within 12 Months of Valid Election
- [4.36] Picketing of Unreasonable Duration Absent Petition
- [4.37] Informational Picketing Proviso
- V. [4.38] Union Interference with Rights of Neutrals
- [4.39] General Scheme of NLRA §8(b)(4)
- Prohibited Conduct
- [4.40] Coercion of Employers
- [4.41] Inducement of Employees
- [4.42] Coercion of Self-Employed Persons
- [4.43] Prohibited Objectives
- [4.44] NLRA §8(b)(4)(ii)(A) — Organizational Membership and Hot-Cargo Agreements
- [4.45] NLRA §8(b)(4)(ii)(B) — Secondary Boycotts
- [4.46] Primary vs. Secondary Activity
- [4.47] Work Preservation: Disputed Work
- [4.48] Common Situs and Ambulatory Picketing
- [4.49] Related Work Doctrine and Reserved Gate
- [4.50] Ally Doctrine
- [4.51] Struck work
- [4.52] Work not performed “but for” strike
- [4.53] Common Control and Straight-Line Operations
- [4.54] NLRA §8(b)(4)(ii)(C) — Picketing or Striking Against Certification
- [4.55] NLRA §8(b)(4)(ii)(D) — Jurisdictional Disputes
- [4.56] Conduct Not Prohibited — NLRA §8(b)(4) Provisos
- [4.57] Individual Rights in Primary Strikes
- [4.58] Handbilling and Consumer Picketing
- [4.59] NLRA §8(e) — Hot-Cargo Contracts
- [4.60] Exception for Construction Subcontracting
- [4.61] Exception for Garment Industry
- VI. Remedies for Unfair Labor Practices
- VII. [4.69] Judicial Review and Enforcement
- Chapter 5 — Strikes
- I. [5.1] Scope of Chapter
- II. [5.2] Definition of a Strike: Protected vs. Unprotected Strikes
- III. [5.3] Unfair Labor Practice Strike vs. Economic Strike
- [5.4] The Unfair Labor Practice Strike
- [5.5] Conversion
- [5.6] Conversion from Economic Strike to Unfair Labor Practice Strike
- [5.7] Conversion from Unfair Labor Practice Strike to Economic Strike
- [5.8] Struck Employer’s Right To Continue Operations and Hire Replacements
- [5.9] Threatening Job Loss May Violate Employee Rights
- [5.10] Employer May Not Lay Off Likely Strikers
- [5.11] Reinstatement Rights of Striking Employees
- Reinstatement Rights of Unfair Labor Practice Strikers
- [5.12] In General
- [5.13] Timing of Reinstatement and Right to Backpay
- [5.14] Reinstatement Rights of Economic Strikers
- [5.15] Permanent or Temporary Replacements
- [5.16] Status of Strikebreakers
- [5.17] Legitimate and Substantial Business Justifications for Refusing Reinstatement
- [5.18] Voting Eligibility of Striking Employees and Their Replacements
- [5.19] Eligibility of Strikers
- [5.20] Eligibility of Replacements
- IV. [5.21] Strikers Not Entitled to Protection
- [5.22] Illegal Conduct During a Strike
- [5.23] Unlawful Strike Activity
- [5.24] Sit-Down Strikes
- [5.25] Unauthorized Strikes
- [5.26] Partial Strikes and Slowdowns
- [5.27] Strikes Endangering Health and Safety of Others
- [5.28] Strikes in Violation of Notice Requirements
- [5.29] Notice Requirements for Strikes Against Healthcare Facilities
- [5.30] Strikes in Violation of No-Strike Clause
- [5.31] Sympathy Strikes
- V. [5.32] Lockouts
- VI. [5.35] Strike Plan
- VII. [5.36] In-Plant Actions as an Alternative to the Strike
- VIII. Recent Legislation
- Chapter 6 — Labor and NLRB Injunctions
- I. [6.1] Introduction
- II. NLRB Injunctions Under the NLRA
- [6.2] Section 10(j) Injunctions
- [6.3] Judicial Standard
- [6.4] Likelihood of Success on the Merits
- [6.5] Adequacy of Remedy, Irreparable Harm, and Balancing of the Harms
- [6.6] Public Interest
- [6.7] Tactical Considerations
- [6.8] Section 10(l) Injunctions
- [6.9] Judicial Standard
- [6.10] Reasonable Cause
- Equitable Test Under §10(l)
- [6.11] Likelihood of success
- [6.12] Adequate remedy, irreparable injury, and public interest
- [6.13] Tactical Considerations
- III. Injunctions Under State Law
- Chapter 7 — The Purchase, Sale, Relocation, or Shutdown of a Business
- I. [7.1] Scope of Chapter
- II. Duties of the Seller Under the National Labor Relations Act
- [7.2] Sale or Partial Closing for Discriminatory Reasons
- [7.3] Application of NLRA §8(a)(3) to Business Transactions
- [7.4] “Runaway Shop” Remedies
- [7.5] Employers Have a Limited Duty To Engage in Decision Bargaining Based on the Type of Transaction
- [7.6] Employer’s Duty To Bargain Over Decision To Close
- [7.7] Sales and Mergers
- [7.8] Subcontracting Work
- [7.9] Relocation of Work
- [7.10] Obligations Under a Collective Bargaining Agreement
- [7.11] Successorship and Assignment Clauses
- [7.12] Injunctive Relief
- [7.13] Sellers’s Duty To Bargain over Effects
- III. [7.14] Duties of a Purchaser Under the National Labor Relations Act
- Form of Acquisition
- [7.15] Purchase of Stock
- [7.16] Merger
- [7.17] Purchase or Lease of Assets
- [7.18] “Successorship Doctrine”
- [7.19] Continuity of Workforce
- [7.20] Continuity of Business and Operations
- [7.21] Continuity of Appropriate Bargaining Unit
- [7.22] Accretion
- [7.23] Factors Constituting Accretion
- [7.24] Employee Self-Determination and Community of Interest
- [7.25] Functional Relation to Existing Operations
- [7.26] Separate Supervision
- [7.27] Perfectly Clear Successorship and Successor’s Obligation To Bargain
- [7.28] Assumption of the Collective Bargaining Agreement
- [7.29] Illinois Collective Bargaining Successor Employer Act
- IV. [7.30] Liability of Successor for Predecessor’s Outstanding Unfair Labor Practices or Unlawful Employment Practices
- V. [7.33] Worker Adjustment and Retraining Notification Act — The Duty To Give Notice of Plant Closing or Mass Layoff
- [7.34] Which Employers Are Covered by the Worker Adjustment and Retraining Notification Act?
- [7.35] When Is a Worker Adjustment and Retraining Notification Act Notice Required?
- [7.36] Exceptions to Worker Adjustment and Retraining Notification Act Notice Requirements
- [7.37] Sale of a Business
- [7.38] Temporary Facilities or Completion of Particular Projects
- [7.39] Strike or Lockout
- [7.40] Reduction of Worker Adjustment and Retraining Notification Act Notification Period
- [7.41] Faltering Company Exception
- [7.42] Unforeseeable Business Circumstance Exception
- [7.43] Cautionary Note for Unforeseen Business Circumstances and Faltering Business Exceptions
- [7.44] Natural Disaster Exception
- [7.45] Form of a Required Worker Adjustment and Retraining Notification Act Notice
- [7.46] Penalties for Worker Adjustment and Retraining Notification Act Violations
- [7.47] Other Considerations
- [7.48] Illinois Worker Adjustment and Retraining Notification Act
- VI. [7.49] Employee Benefit Plan Considerations in Purchases or Sales of Businesses
- VII. [7.56] Restructuring Labor Agreements Under Bankruptcy Law
- Chapter 8 — Antitrust Issues in the Traditional Labor Relations Setting
- I. Scope of Chapter
- II. Qualified Labor Exemption
- [8.3] Overview of Qualified Labor Exemption
- [8.4] Judicial Development of Qualified Labor Exemption
- [8.5] Qualified Labor Exemption and Apex Hosiery
- [8.6] Distinction Between Employee-Union and Independent Contractors
- [8.7] Act of Union Officers, Agents, and Members
- [8.8] Collective-Bargaining Agreement Conspiracies
- III. Legality of Specific Activities and Practices
- [8.9] Boycotts
- [8.10] Price-Fixing
- [8.11] Sharing Competitively Sensitive Information
- [8.12] Restrictions on Selection of Suppliers, Customers, and Methods of Production
- [8.13] Withholding Union Labor
- [8.14] Picketing, Strikes, and Violence
- [8.15] Imposing Collective-Bargaining Agreement Terms on Employers Not Party to the Agreement
- [8.16] Joint Employer Conduct, Including Multiemployer Bargaining and Mutual Aid Pacts
- [8.17] Other Business Agreements Impacting Workers That May Violate Antitrust Laws
- IV. Other Issues
- V. [8.22] Resources
- Chapter 9 — Illinois Laws Regulating the Employment Relationship
- I. [9.1] Scope of Chapter
- II. Illinois Wage Laws
- [9.2] Minimum Wage Law
- [9.3] Illinois Wage Payment and Collection Act
- [9.4] Illinois Wage Assignment Act and Wage Deductions for the Benefit of Creditors
- [9.5] Prevailing Wage Act
- [9.6] Miscellaneous Acts Regulating Wages
- [9.7] Equal Wage Act
- [9.8] Trusts for Employees Act
- [9.9] Preference of Claims for Wages Act
- [9.10] Employee Medical Contribution Act
- [9.11] Employee Benefit Contribution Act
- [9.12] Sales Representative Act
- [9.13] Day and Temporary Labor Services Act
- [9.14] Earned Income Tax Credit Information Act
- [9.15] Equal Pay Act of 2003
- III. Hours, Meals, and Child Labor
- IV. Working Conditions
- [9.18] Toxic Substances Disclosure to Employees Act
- [9.19] Election Code
- [9.20] Jury Act and Jury Commission Act
- [9.21] Medical Examination of Employees Act
- [9.22] Personnel Record Review Act
- [9.23] Lie Detectors
- [9.24] Illinois Trade Secrets Act
- [9.25] Employee Patent Act
- Right to Privacy in the Workplace Act
- [9.26] Employment Verification
- [9.27] Prohibited Inquiries; Online Activities
- [9.28] School Visitation Rights Act
- [9.29] Nursing Mothers in the Workplace Act
- [9.30] Victims’ Economic Security and Safety Act
- [9.31] Family Military Leave Act
- [9.32] Civil Air Patrol Leave Act
- [9.33] Family Bereavement Leave Act
- [9.34] Child Extended Bereavement Leave Act
- [9.35] Illinois Worker Adjustment and Retraining Notification Act
- [9.36] Employee Blood Donation Leave Act
- [9.37] Smoke Free Illinois Act
- [9.38] AIDS Confidentiality Act
- [9.39] Employee Classification Act
- [9.40] Employee Credit Privacy Act
- [9.41] Employment of Illinois Workers on Public Works Act
- [9.42] Employment Record Disclosure Act
- [9.43] Genetic Information Privacy Act
- [9.44] Whistleblower Act
- [9.45] Cannabis Regulation and Tax Act
- [9.46] Illinois Human Rights Act
- [9.47] Workplace Transparency Act
- [9.48] Biometric Information Privacy Act
- [9.49] Employee Sick Leave Act
- [9.50] Worker Freedom of Speech Act
- [9.51] Paid Leave for All Workers Act
- [9.52] Illinois Secure Choice Savings Program Act
- Eugene A. Boyle
Eugene A. Boyle
Eugene A. Boyle is a Shareholder of Vedder Price, P.C., in Chicago, where he represents employers in all facets of employment and labor law.He is a member of the Labor and Employment Law Section of the American Bar Association, and he is recommended in the categories of Labor and Employment Disputes and Labor-Management Relations in the United States Legal 500 guide (2019 – 2025). Boyle has been recognized by The Best Lawyers in America in the Employment Law — Management category (2024 – 2025). Boyle received his B.A. from Lawrence University and his J.D. from Washington University School of Law.
- Kerry Davidson
Kerry Davidson
Kerry Davidson is Of Counsel at Ogletree, Deakins, Nash, Smoak & Stewart, P.C., in Chicago, where she concentrates her practice in labor and employment law. She is a member of the Developing Labor Law Section of the American Bar Association and has been recognized by The Best Lawyers in America in the category of Employment Law — Management (2023 – 2025). Davidson received her J.D from Valparaiso School of Law, with a concentration in Labor and Employment Law.
- Peyton C. Demith
Peyton C. Demith
Peyton C. Demith is an associate at Vedder Price, P.C., in Chicago, where he focuses on labor and employment law. He is a member of the Chicago Bar Association. Demith received his J.D. from the University of Cincinnati College of Law and his B.S. from The Ohio State University.
- Damon E. Dunn
Damon E. Dunn
Damon E. Dunnis a Member of Clark Hill PLC, in Chicago, where he concentrates in litigation. He is a member of the Illinois State and Chicago Bar Associations and the Media Law Resource Center Institute. He is recognized by Chambers and as a Leading Lawyer and a Top Lawyer of Chicago. Dunn received his J.D. with high honors from the Chicago-Kent College of Law, where he was a member of the Bar and Gavel Society, Moot Court Society CJ, and National Moot Court Competition Final Four, receiving the American College of Trial Lawyers Medal for Excellence and the New York Bar Association’s Evans Hughes Trophy.
- Andrew S. Goldberg
Andrew S. Goldberg
Andrew S. Goldberg is a Managing Partner at Laner Muchin, Ltd., in Chicago, where he focuses on employment and labor relations. He is listed as a Super Lawyer (2010 – 2025) and selected for recognition in Best Lawyers in America in the category of Labor Law — Management (2024). Goldberg received his B.S. from Illinois State University, where he was a member of the Red Tassel Mortar Board Honor Society, and his J.D. from UCLA School of Law, where he was elected to the Order of the Coif.
- Yvette Heintzelman
Yvette Heintzelman
Yvette Heintzelman is a Member of Clark Hill PLC, in Chicago, where she concentrates in labor and employment law. She has been named inLeading Lawyers (2014 – 2025) and Super Lawyers (2023 – 2025). Heintzelman received a Martindale-Hubbell “AV” rating (1989 – 2025) and was named an AV Preeminent Attorney in 2025. Heintzelmanreceived her J.D. cum laude from Creighton University School of Law and her B.A. from Creighton University.
- Christopher J. Jump
Christopher J. Jump
Christopher J. Jump is a Partner at Davis & Campbell L.L.C., in Peoria, where he focuses his practice on governmental and municipal entities, civil litigation, employment and labor matters, and business transactions. He is a member of the Illinois State Bar Association, where he serves on the Local Government Section Council, and the Fulton County Bar Association. Jump was recognized in Peoria Magazine’s 40 Leaders Under Forty (2022). He received his J.D. from St. Louis University School of Law and his B.S. from the University of Illinois at Urbana-Champaign.
- Norma Manjarrez
Norma Manjarrez
Norma Manjarrez is a Shareholder of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., in Chicago, where she concentrates her practice in management-focused labor and employment law. She is listed in Best Lawyers in America (2024 – 2025) and in Illinois Super Lawyers (2016 – 2021), and she received the Hispanic National Bar Association Top Lawyers Under 40 Award (2022). Manjarrez received her B.S. from DePaul University and her J.D. from the University of Illinois at Urbana-Champaign College of Law.
- Jeffrey A. Risch
Jeffrey A. Risch
Jeffrey A. Risch is a Partner at Amundsen Davis LLC, in Chicago, where he focuses his practice on management-side labor and employment law. He is a Board Member of the Illinois Chamber of Commerce, and he serves as Chair of its Employment Litigation Committee. Risch is Chapter Labor Counsel and Board Member for the Associated Builders and Contractors of Illinois, and he is also recognized as a 2023 Honoree of Crain’s Chicago Business Notable Leaders in Employment and Labor Law. Rischreceived his J.D., with highest honors, from University of Tulsa College of Law and his B.S. from Illinois State University.
- Harry J. Secaras
Harry J. Secaras
Harry J. Secaras is a Shareholder of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., in Chicago, where he concentrates his practice in management-focused labor and employment law. He is a Fellow of the College of Labor and Employment Lawyers. Secaras has been recognized as an Illinois Super Lawyer (2010 – 2025) and listed in Best Lawyers in America (2021 – 2025). He received his B.A., M.B.A., and J.D. from the University of Illinois at Urbana-Champaign.
- Edward “Clint” Shivers
Edward “Clint” Shivers
Edward “Clint” Shivers is an associate at Laner Muchin Ltd., in Chicago, where he concentrates his practice in labor and employment law. He received his J.D. from the Chicago-Kent College of Law, where he was on the Dean’s list, and his B.A. cum laude from Lake Forest College.
- Mark L. Stolzenburg
Mark L. Stolzenburg
Mark L. Stolzenburg is a Partner at Morgan, Lewis & Bockius LLP in Chicago, where he focuses on labor and employment law. He is a member of the American Bar Association. Mr. Stolzenburg received his B.S. from Cornell University and his J.D. from the Washington University in St. Louis School of Law.
- Gaetano Urgo
Gaetano Urgo
Gaetano Urgo is an associate at Davis & Campbell L.L.C., in Chicago, where he concentrates his practice in labor and employment law. He is a member of the Justinian Society of Lawyers, the American Bar Association, and the Chicago Bar Association. He received his J.D. magna cum laude from DePaul University College of Law, where he was Order of the Coif and earned a certificate in Business Law, and his B.A. from University of Illinois at Urbana-Champaign.
- Tracy Y. Williams
Tracy Y. Williams
Tracy Y. Williams is a Senior Attorney at Clark Hill PLC, in Denver, where she focuses her practice on environmental law. She has been recognized in Super Lawyers (2023). Williams received her J.D. from the University of Colorado School of Law and her B.A. from the University of Puget Sound.
- Jon Zimring
Jon Zimring
Jon Zimring is a Shareholder at Greenberg Traurig, LLP, in Chicago, where he focuses on management in employment and labor law. He is a member of the DirectEmployers Compliance Advisory Board, and he is listed as a Leading Lawyer (2007 – 2025), a Super Lawyer (2010 – 2015), and one of 40 Illinois Attorneys Under 40 To Watch (2006). Zimring received his B.A. with high honors from the University of Michigan and his J.D. from Northwestern University Pritzker School of Law.
Labor Law: Unfair Labor Practices 2025 Edition
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