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Vol. 7, Nos. 1-43, pp. 1-1462 Jan. 2 - Oct. 30, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
RACIAL DISCRIMINATION
Biracial candidate rejected for Urban League CEO position failed to show board chair's not black enough comments, attitude influenced other voters (E.D. Mich.), 575
Civil Rights Act of 1866, §1981 does not grant implied right to sue public employer, §1983 of 1871 Act only recourse (3d Cir.), 193 Discipline, Latino police officers' contempt claims against NYPD fail where substantial steps taken, statistics lacking (2d Cir.), 316 Disparate treatment, service tech fired for excessive personal use of company phone lacked comparator evidence (6th Cir.), 570 EEO, women, racial minorities still underrepresented, but reasons complex, attorneys say, Earp gauges progress, 526 Employment testing after Ricci, attorney analysis indicates guidance, support for employers making hiring, promotions decisions, 1268 Evidence, fax confirmation of timely EEOC filing sufficient to revive fired truck driver's claim (7th Cir,), 1191 Fair Pay Act Hostile environment, county officials who conspired to drive out white managers and replace with African Americans denied qualified immunity (11th Cir.), 1167 Independent contractor status no bar to §1981 claim for bias occurring within scope of relationship, sales rep fired after arguing with hiring recruiter may sue (3d Cir.), 1256 Ind., mixed-motive jury instruction allowable based on direct or circumstantial proof of bias (Ind.), 767 Mandatory arbitration clause requiring $500 deposit fee from employee to begin process upheld (6th Cir.), 740 Mixed motive, summary judgment properly granted to claimant upon showing that race was a motivating factor for adverse action (U.S., rev den), 714 Neb., arbitrator's reinstatement of state trooper fired for joining Ku Klux Klan offends public policy against race bias, vacated (Neb.), 325; (U.S., rev den), 886 N.Y., disparate impact, written exams for NYC firefighter applicants not adequately job-related, no business necessity shown (E.D.N.Y.), 1056 Nursing home laundry aide fired for insubordination, profanity, threats to co-workers, not bias (S.D.N.Y.), 1023 OFCCP regional officials answer questions, discuss racial identity and Ricci effects, other current issues, 1109 Pattern or practice, EEOC authorized to investigate independent of resolution by parties, subpoena enforceable (7th Cir.), 146 Promotions
Equal protection, reverse bias, disparate impact clash, firefighters' test results twice scrapped because too few minorities passed (U.S., rev grant), 67; (oral arg), 565; discarding test results without strong basis in evidence that rejected minority candidates could prevail on disparate impact claim was reverse bias (U.S., rvs), 903; Ricci decision unlikely to change opinions on Sotomayor Supreme Court nomination, speakers comment, 920; text, 928; Sotomayor confirmation hearings, role in New Haven firefighters case attacked, defended, 1005
Failure to post vacancy, constructive discharge (S.D. Ill.), 1417 Failure to timely file charges on denial of training opportunities dooms city worker's claim (7th Cir.), 107 Retaliation
Bank employee who signed four separate arbitration agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223
Class action participation tolls statute on individual Title VII claims, UPS retiree's pay and promotions claims revived (5th Cir.), 72 County nurse who resigned due to driving anxiety after car accident lacks race bias, ADA claims (7th Cir.), 598 Mandatory arbitration, unconscionability under state law is for court to decide, not arbitrator (9th Cir.), 1253 Nurse's aide lawfully fired for providing unredacted patient records to EEOC as proof of bias (U.S., rev den), 333 Peace officers, Cal. DDS ordered to halt witness intimidation, interference with EEOC probe (E.D. Cal.), 910 Rejected for failure to exhaust administrative remedies, but retaliation claim based on earlier complaint revived (4th Cir.), 37 VA, claim reinstated for temporary worker denied promised extension or permanent job after filing bias claims (3d Cir.), 388 U.S. Supreme Court docket, 2009-2010 term, 1336 Voice of America, equal protection suit proceeds for Iran-born translator fired after criticizing Iraq war (D.D.C.), 1262
Affirmative defense, nooses, environment hostile, but action to weed out harassers prompt, serious and diligent, firm not liable (7th Cir.), 1130
Attorneys, officials address issues raised when perpetrators anonymous or hard to identify, 523 Retaliation, whites who objected to anti-black slurs against co-workers failed to show requisite harassment against themselves, claims rejected (6th Cir.), 313
Cintas suit against UNITE HERE, IBT rejected, corporate campaign to coerce neutrality/card check pact not attempted extortion (S.D.N.Y.), 352
Immigration status irrelevant to Indian guestworkers' right to sue shipyard alleging visa fraud, forced labor, human trafficking (E.D. La.), 549 Intentional hire of illegal workers to drive down wages of legal workers, class certified (E.D. Cal.), 749 Landscaping firm qualifies as employer under FLSA, RICO, fired workers seeking class status may sue (C.D. Cal.), 540
BNSF Railway
Disability bias, federal trial court had diversity jurisdiction to conduct on-the-record review of Mont. agency ruling (9th Cir.), 1025
Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 707; DOT reinstates rule (D.C. Cir.), 1065 FRA rulemaking
Hours of work, recordkeeping and reporting requirements, procedures, final rule issued, 748
Rest periods, interruptions barred under proposed interpretation, summary, 883 Union Pacific Railroad
RLA, due process violated when arbitration panel dismissed grievances for lack of union evidence on conferencing (U.S., rev grant), 291; (U.S., oral arg), 1401
SOX, fired repair manager's complaints of credit card abuses not related to shareholder fraud, not protected (DOL ARB), 1118 Whistleblowing, federal preemption, FELA, RLA, FRSA (E.D. Cal.), 1453
Cal. whistleblowing, preemption (E.D. Cal.), 1453
Due process violated when arbitration panel dismissed grievances for lack of union evidence on conferencing (U.S., rev grant), 291; (U.S., oral arg), 1401 Federal Aviation Act reauthorization Rest break policies, flight attendant scheduling issues constitute minor dispute under RLA, arbitration required (9th Cir.), 770 U.S. Supreme Court docket, 2009-2010 term, 1336
Archstone-Smith, SOX, bonus offer linked to confidentiality pledge was adverse action, executive's challenge late-filed, 90-day clock ran from time of offer (10th Cir.), 806
Clear Title of Ark., FLSA, retaliation, closing agent fired for overtime demands can pursue pay claim, punitive damages (E.D. Ark.), 1252 Current Development (CDC), ERISA, fiduciary breach, undervaluing real estate created windfall for trustee/participant at expense of other participants (7th Cir.), 357
Absence of vote preceding merger of IATSE locals no basis for employer's withdrawal, bargaining order upheld (D.C. Cir.), 47
ADT Security Servs., recognition withdrawn when reassignment combined represented and unrepresented workers, bargaining unit analysis faulty, injunction denied (W.D. Mich.), 705 Card check authorization
Employee Free Choice Act (EFCA)
ABA speakers debate need for reform, arbitration proposal, effect on bargaining discussed, 1114
AFL-CIO convention, Specter (D-Pa) says compromise reached without card check recognition but Trumka says no deal yet, 1266 Alternative proposals emerge with Senate passage uncertain, options analyzed, 677 American Rights at Work, pro-union group sets up $3M lobbying campaign to push for EFCA approval, 74 Bill Labor secretary, Solis (D-Cal) confirmation hearings dominated by card-check issues, support for EFCA, 123 Passage promises full employment for attorneys, but bill controversial, outcomes uncertain, conferees warned, 482 Political, economic realities create climate for labor law overhaul, attorneys agree, need for EFCA debated, 54 Professor/arbitrator urges substantive, procedural fixes for sick NLRA, speakers debate need for reforms, Special Report, 846 Senator Arlen Specter (D-Pa) reiterates opposition, 610 RICO, Cintas suit against UNITE HERE, IBT rejected, corporate campaign to coerce neutrality/card check pact not attempted extortion (S.D.N.Y.), 352 Secret Ballot Protection Act
Cal. Senate clears bill modeled on EFCA creating card check procedures for farmworkers, 615; vetoed for third time, In Brief, 1241
Hawaii legislature passes card check bill similar to EFCA, veto expected, override possible, 687; legislature overrides veto, 1042 Ill. statute requires one form of proof, win upheld for county workers despite failure to submit dues authorizations, access to cards denied (Ill.), 15 San Francisco experience touted as progressive blueprint for labor standards, city's reforms, advances discussed, 54 Fremont-Rideout Health Group, withdrawal of recognition from CNA based on minority petition was ULP, ordered to recognize, bargain (NLRB), 1227 Majority status presumed, first bargaining session starts clock, withdrawal of recognition during certification year was ULP (9th Cir.), 322 RiteAid of Pa., company not bound to arbitrate UFCW organizers' access to newly-acquired nonunion stores (M.D. Pa.), 546 ULPs, decertification petition tainted by unlawful employer assistance, order to recognize, bargain justified (NLRB), 197
Ill. wage and hour, class settlement (N.D. Ill.), 1387
Injuries and illnesses, underreporting, OSHA emphasis program, 1399 Privacy Act, PBGC-17, new system proposed to protect records for law enforcement, 518
Am. Staffing Grp., Del Monte Fresh Produce, clothes changing, breaks, compensation of minimum wage workers (Ore. Cir. Ct.), 1386
Global Horizons Manpower, H-2A visa workers, breach of contract (Cal. Super. Ct.), 1332 Retaining staff, recruiting new year's focus for four in 10 CEOs, also productivity, morale, 9 Vintage Health Resources, foreign nurse employment agreement fair and favorable to employee, not unconscionable, resignation was breach (Tenn. Ct. App.), 1234
Disparate impact, attorneys discuss impact of Ricci holding on employers planning RIFs, other large scale actions, Special Report, 1038
First Natl. of Nebraska, ADA, unattainable production quota, failure to rehire employee with voice disorder suggest RIF was pretext, claim revived (8th Cir.), 385 Knolls Atomic Power Labs. a/k/a KAPL, ADEA, waiver of RFOA affirmative defense not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 700
Failure to transfer has 4-year limit, hospital housekeeper's claim timely filed, factually sufficient, revived (3d Cir.), 1165
Lilly Ledbetter Fair Pay Act Standing to sue, retaliation, 3d party complaint (9th Cir.), 1441
Celestica, Muslim workers' varied prayer beliefs, accommodation requests lack commonality, class certification denied (D. Minn.), 836
Engineer who alternated 3 different identities in work communications fired for legitimate business reasons, not bias (7th Cir.), 429 First Amend., workers fired for exorcism of demonically oppressed co-worker's cubicle may have free exercise claim, but not free speech (N.D. Texas), 468 Harassment claim revived where hostile environment claim was improperly treated as constructive discharge (8th Cir.), 1085 Law enforcement, Philadelphia need not allow female Muslim officer to wear head scarf, accommodation undue hardship (3d Cir.), 543 Objector to UAW dues, fees under union security clause failed to show adverse action, accommodation violation (6th Cir.), 667 Ore. accommodation bill enacted, In Brief, 1042 Prayer notes, harassment claim rejected, but gay worker's sex bias gender stereotyping claim revived (3d Cir.), 1223 Res judicata, §1981 claim, Title VII dismissal precludes (3d Cir.), 1388 Retaliation
Bank employee who signed four separate arbitration agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223
Non-Mormon property management executive fired during FMLA leave raises pretext issue for jury, but religious bias rejected (10th Cir.), 1162 VA, claim reinstated for temporary worker denied promised extension or permanent job after filing bias claims (3d Cir.), 388
DOL guidance clarifies funding exemption for faith-based groups, 53
Carroll College affiliated with Presbyterian Church, exempt from NLRB jurisdiction, bargaining order not enforceable (D.C. Cir.), 389
Heritage Christian Schs., ADA, ADEA, agreement to Christian conciliation of claims with Bible as supreme authority enforceable under FAA, lawsuit barred (S.D. Ind.), 1226 Non-Minister Religious Worker Visa Program
Davis-Bacon construction payroll reports, privacy, DOL final rule reduces personal data, requires partial identifier, 22
ERISA, commonly controlled firms with single pension plan, DOL describes methods to identify employer in registration statement, 50 LMRDA
Form LM-2 revisions, large union financial disclosure, OLMS issues final rule, 122; 180-day delay proposed, comments sought, 395; LM-2/LM-3 rule revising Form LM-2 delayed until Oct., DOL proposes to rescind, 581
LM-2/LM-3, union financial disclosure, DOL reviews comments on proposed withdrawal of Bush-era rule, Special Report, 1237; rule rescinded, 1429 LM-30 form, pre-2007 version, OLMS seeks extension on data collection, In Brief, 1236 Railroads, hours of work, FRA recordkeeping and reporting requirements, procedures, final rule issued, 748 W. Va., industrial accident reporting rule adopted, In Brief, 823
Card check recognition
Community Med. Ctr., ULPs trigger new NYSNA election for RNs (NLRB), 804 Internet voting policy, NMB mulls allowing hyperlinks, seeks comments, 1335 Secret Ballot Protection Act
FMLA, retaliation, arbitration not expressly required in USW pact, and prior award upholding termination does not preclude litigation (N.D. Ill.), 963
Full and voluntary participation in grievance arbitration of bias and retaliation claims under union pact precludes subsequent litigation (D. Colo.), 699 Overtime, prior class settlement precludes (N.D. Okla.), 1321 Sales rep fired for falsifying reports, preclusive effect of administrative ruling bars subsequent challenges alleging bias, pretext (3d Cir.), 541 §1981 claim, Title VII dismissal precludes (3d Cir.), 1388 SOX, DOL ALJ's rejection of claim before suit filed precludes lawsuit despite exceeding 180-day limit (D.D.C.), 1135
Hillsides, electronic monitoring, hidden camera in office was privacy intrusion, but employer had legitimate reasons, tort liability rejected (Cal.), 1096
See FOOD SERVICES
Baby Zack's, FLSA overtime law applies to tribal land sundries store that employs nonmembers, engages in interstate commerce, treaty no bar (9th Cir.), 568
Dollar General, FMLA retaliation, verdict favoring employee fired 4 days after taking protected leave consistent with Act, upheld (U.S., rev den), 132 Family Dollar, overtime, store managers not exempt executives under FLSA, $35.6M judgment affirmed (11th Cir.), 8; (U.S., rev den), 1365 Fred's Stores of Ark., ADA, essential job functions impossible with or without accommodation and return date uncertain, firing claim properly dismissed (8th Cir.), 537 Home Depot, EPA, sex bias, pay scale gender-neutral, male comparators paid more due to qualifications, experience (N.D. Ohio), 350 J.C. Penney Puerto Rico, ADEA, negligence, relatives' derivative tort claims mostly time-barred, but 1-year limit tolled until son reaches 21 (1st Cir.), 834 Lock Shop of Cheyenne, ERISA, retroactive reinstatement of health care coverage after snowstorm delayed payment is allowable equitable remedy, applicable to all (10th Cir.), 1098 Rent-A-Center West, race bias, mandatory arbitration, unconscionability is for court to decide, not arbitrator (9th Cir.), 1253 Staples
Overtime, misclassification, unanimous jury awards $2.48M to assistant store managers, FLSA class action (D.N.J.), 316
SOX claim fails for employee who opposed return policies, no fraud on shareholders (1st Cir.), 217 Wal-Mart
Corporate-owned life insurance (COLI), Fla. law, retroactivity (11th Cir.), 1426
Labor law violations, foreign workers' suit alleging failure to monitor suppliers rejected, no contractual duty (9th Cir.), 985 Off-the-clock work
Breaks, overtime, payment of up to $640M settles 63 pending state and federal suits, 5; $65M - $85M settlement of over 30 claims wins preliminary approval (D. Nev.), 764
Minn. class action, settlement of $54.25M, civil penalty approved (Minn. Dist. Ct.), 800 Wash. workers' class claims settled for $35M, approved (Wash. Super. Ct.), 1053 Sex bias, retaliation, front pay, punitive damages (Mass.), 1390 Whistleblowing, retaliation claim advances for optician fired after reporting unlicensed sales (M.D. Tenn.), 282
ADA, compensatory damages available despite no specific mention in 1991 Act (W.D. Tenn.), 993
ADA, Rehabilitation Act, standing to sue, 3d party complaint (9th Cir.), 1441 ADEA
Ageist comments, attorney fired at age 51 for poor performance fails to show pretext, ADEA retaliation (D.D.C.), 348
Exclusive remedy barring suit under §1983, but sovereign immunity bars ADEA suit, bid to amend complaint properly rejected (9th Cir.), 281 Forest Serv. firefighter who failed required test failed to show disparate impact, treatment, but retaliation claim viable (Ore.), 768 Other duties as assigned not demeaning bias, refusal triggered lawful firing (3d Cir.), 1445 Promotion claims against Federal Reserve Board of Governors properly rejected, but retaliation claim revived on vel non issue (D.C. Cir.), 346 Rejected for failure to exhaust administrative remedies, but retaliation claim based on earlier complaint revived (4th Cir.), 37 ERISA, §510 pertains to formal inquiry or hearing, does not protect informal complaint, firing lawful (E.D. Pa.), 1099 FLSA
Landscaper fired after filing wage/benefit form with state DOL has viable claim (D. Vt.), 1054
Minimum wage, baseless counterclaims accusing ex-housekeeper of child abuse unlawful retaliation (S.D. Fla.), 1022 Peruvian wage claimants accused of terrorism by employer's father prevail, ownership, agency not required (W.D.N.Y.), 1128 Real estate closing agent fired for overtime demands can pursue pay claim, punitive damages (E.D. Ark.), 1252 TRO barring NYPD internal affairs department from investigation or discipline related to plaintiff officers' FLSA suit at issue, remanded for explanation (2d Cir.), 192 Written complaint required, oral reports of time clock irregularities not protected (7th Cir.), 907; rehearing denied (7th Cir.), 1413
Airline flight instructor with sleep apnea failed to link pursuit of leave to discharge, claim rejected (U.S., rev den), 584
Arbitration not expressly required in USW pact, and prior award upholding termination does not preclude litigation (N.D. Ill.), 963 Firing 3 weeks after adoption-related leave proved interference, retaliation, but denial of mandatory prejudgment interest was error (4th Cir.), 343 Firing after valid request for leave sufficient basis for interference, retaliation claims (3d Cir.), 1319 Ill., state worker fired for refusal to sign performance improvement plan failed to show retaliation (7th Cir.), 505 Mixed motive, claim revived for employee placed on involuntary leave for medical restrictions, excessive absences (6th Cir.), 1185 PIP onerous, alcoholic manager fired after inpatient treatment program may sue under FMLA, but not ADA (10th Cir.), 219 Property management executive fired during leave raises pretext issue for jury, but religious bias rejected (10th Cir.), 1162 Retroactive termination of health benefits, $85K judgment confirmed for nursing home worker who gave birth to triplets (7th Cir.), 661 Verdict favoring claimant fired 4 days after taking protected leave consistent with Act, upheld (U.S., rev den), 132
County employee's complaints prior to discharge about boss's extramarital affair not protected speech, no public concern (M.D. Fla.), 509
Independent investigation, firing decision by higher-up precludes biased subordinate's personal liability, verdict favoring claimant vacated (9th Cir.), 260 Police officer's unauthorized memo referenced matter of public concern, press leak not part of job duties, retaliatory firing claim revived (4th Cir.), 513 Prosecutor's blog related to police shooting probe protected speech, but suspension upheld on other grounds (S.D. Fla.), 879 University department head properly fired for changing grades, violating academic code, claim rejected (3d Cir.), 471 Voice of America, suit proceeds for Iran-born translator fired after criticizing Iraq war (D.D.C.), 1262 National origin bias
Harassment, Mexican-born teacher reassigned to teach lower grade with no loss of pay, benefits failed to show adverse action (7th Cir.), 766
Mexico-born box packer warned to speak American fired for poor performance, claims revived (10th Cir.), 469 Race and religious bias, bank employee who signed four separate arbitration agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223 Race bias
Cal. DDS peace officers, agency ordered to halt witness intimidation, interference with EEOC probe (E.D. Cal.), 910
Class action participation tolls statute on individual Title VII claims, retiree's pay and promotions claims revived (5th Cir.), 72 County nurse who resigned due to driving anxiety after car accident lacks ADA, bias claims (7th Cir.), 598 Mandatory arbitration, unconscionability under state law is for court to decide, not arbitrator (9th Cir.), 1253 Nurse's aide lawfully fired for providing unredacted patient records to EEOC as proof of bias (U.S., rev den), 333 Sex bias
Arbitration, no FAA exemption, claimant subject to valid accord, employer's participation in EEOC proceedings no waiver (8th Cir.), 967
Associational, no proof that employee who defended co-worker from sexual harassment fired because of sex, but protected activity saves retaliation claim (E.D. Pa.), 1166 Gender stereotyping claim revived for gay machine operator, but religious bias properly rejected (3d Cir.), 1223 Supervisor's affair and related favoritism not gender-based bias against RIFd complainant, claim rejected (10th Cir.), 1192 Temporal proximity, filing complaint no shield against discipline for prior insubordination, claim fails (U.S., rev den), 131 Sexual harassment
Enforcement, claimant cannot collect $222.5K judgment where harasser's ex-wife got all assets in intervening divorce (N.D. Ill.), 1089
Evidence, defense document forged, answer struck (N.D. Ga.), 1451 Ill., strict liability imposed on employer for harassing acts of any supervisory employee, authority over victim not required (Ill.), 570 Individual liability supported under state law, contributing factor test, MHRA claim revived (Mo.), 319 Scope, 3d party disclosure during HR probe protected opposition activity under Title VII, firing claim revived (U.S., rvs), 139; text, 169; remand, jury trial (M.D. Tenn.), 1415 Teacher reassigned to teach lower grade with no loss of pay, benefits failed to show adverse action (7th Cir.), 766 Team leaders not management-level employees, knowledge of co-worker's genital exposure not imputed to firm (3d Cir.), 797 University dean acted on good faith belief program director lied and harassed co-workers, firing lawful (8th Cir.), 509
Choice of remedies grievance arbitration, administrative, or judicial (U.S., rev den), 1367
Overtime work, fair distribution, UNITE HERE (W.D.N.Y.), 1418
Staff retention, recruitment new year's focus for four in ten CEOs, also productivity, morale, 9
ADEA, utility did not violate by coordinating benefits with Medicare, specific exemption applies (N.D.N.Y.), 580
ERISA
Claimants showing entitlement to retiree health benefits have standing to challenge cancellation regardless of vested status, prior ruling reversed (9th Cir.), 747
Oil company workers hired through staffing agencies common law employees eligible for benefits, claim revived as timely (S.D.N.Y.), 285 Right to free lifetime benefits vested, but scope, extent may be altered (6th Cir.), 1063
Bemis benefit levels lawfully altered, no lifetime coverage in Hayssen agreement (E.D. Wis.), 1233
Class claim for lifetime benefits rejected, rights not vested for workers who were retirement-eligible when 1988 pact expired (6th Cir.), 153 Honeywell Intl., ERISA fees award premised on LMRA liability vacated, remanded for calculation under ERISA alone (2d Cir.), 881
Age bias, severance denial, LMRA bars claims requiring interpretation of UAW pact, plant closing accord (6th Cir.), 11
Race bias
Equal protection, disparate impact clash, New Haven firefighters' promotion test results twice scrapped because too few minorities passed (U.S., rev grant), 67; (oral arg), 565; discarding test results without strong basis in evidence that rejected minority candidates could prevail on disparate impact claim was reverse bias (U.S., rvs), 903; Ricci decision unlikely to change opinions on Sotomayor Supreme Court nomination, speakers comment, 920; text, 928; Sotomayor confirmation hearings, role in New Haven firefighters case attacked, defended, 1005
OFCCP regional officials answer questions, discuss racial identity and Ricci effects, other current issues, 1109
E-Verify, governor has executive authority to require vendors to use (R.I. Super. Ct.), 550
Labor legislation, 2008, DOL reports, 236 State actions summary, 25; 238
Free speech
Idaho ban on local government employees' political payroll deductions no 1st Amend. violation (U.S., rvs), 273; text, 298
Utah ban on local government employees' political payroll deductions no 1st Amend. violation, prior holding vacated (10th Cir.), 604
Local 135, roofing supply firm must pay damages under NLRB settlement order but reinstatement not required with proper proof of unauthorized status (9th Cir.), 912
Tires
See TIRE INDUSTRY
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