text:
2016 US Code
Title 29 - Labor
Chapter 7 - Labor-Management Relations
Subchapter II - National Labor Relations
Sec. 159 - Representatives and elections
§159. Representatives and elections |
(a) Exclusive representatives; employees' adjustment of grievances directly with employer
Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment: Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective-bargaining contract or agreement then in effect: Provided further, That the bargaining representative has been given opportunity to be present at such adjustment. (b) Determination of bargaining unit by BoardThe Board shall decide in each case whether, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this subchapter, the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof: Provided, That the Board shall not (1) decide that any unit is appropriate for such purposes if such unit includes both professional employees and employees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit; or (2) decide that any craft unit is inappropriate for such purposes on the ground that a different unit has been established by a prior Board determination, unless a majority of the employees in the proposed craft unit vote against separate representation or (3) decide that any unit is appropriate for such purposes if it includes, together with other employees, any individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer's premises; but no labor organization shall be certified as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards. (c) Hearings on questions affecting commerce; rules and regulations(1) Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board— (A) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees (i) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in subsection (a), or (ii) assert that the individual or labor organization, which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in subsection (a); or (B) by an employer, alleging that one or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in subsection (a); the Board shall investigate such petition and if it has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. (2) In determining whether or not a question of representation affecting commerce exists, the same regulations and rules of decision shall apply irrespective of the identity of the persons filing the petition or the kind of relief sought and in no case shall the Board deny a labor organization a place on the ballot by reason of an order with respect to such labor organization or its predecessor not issued in conformity with section 160(c) of this title. (3) No election shall be directed in any bargaining unit or any subdivision within which in the preceding twelve-month period, a valid election shall have been held. Employees engaged in an economic strike who are not entitled to reinstatement shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this subchapter in any election conducted within twelve months after the commencement of the strike. In any election where none of the choices on the ballot receives a majority, a run-off shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. (4) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the Board. (5) In determining whether a unit is appropriate for the purposes specified in subsection (b) the extent to which the employees have organized shall not be controlling. (d) Petition for enforcement or review; transcriptWhenever an order of the Board made pursuant to section 160(c) of this title is based in whole or in part upon facts certified following an investigation pursuant to subsection (c) of this section and there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under subsection (e) or (f) of section 160 of this title, and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the Board shall be made and entered upon the pleadings, testimony, and proceedings set forth in such transcript. (e) Secret ballot; limitation of elections(1) Upon the filing with the Board, by 30 per centum or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization made pursuant to section 158(a)(3) of this title, of a petition alleging they desire that such authority be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof to such labor organization and to the employer. (2) No election shall be conducted pursuant to this subsection in any bargaining unit or any subdivision within which, in the preceding twelve-month period, a valid election shall have been held. |
(July 5, 1935, ch. 372, §9, 49 Stat. 453; June 23, 1947, ch. 120, title I, §101, 61 Stat. 143; Oct. 22, 1951, ch. 534, §1(c), (d), 65 Stat. 601; Pub. L. 86–257, title II, §201(d), title VII, §702, Sept. 14, 1959, 73 Stat. 525, 542.) |
1959—Subsec. (c)(3). Pub. L. 86–257, §702, substituted "Employees engaged in an economic strike who are not entitled to reinstatement shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this subchapter in any election conducted within twelve months after the commencement of the strike" for "Employees on strike who are not entitled to reinstatement shall not be eligible to vote." Subsecs. (f), (g). Pub. L. 86–257, §201(d), repealed subsecs. (f) and (g) which required unions to file their constitutions, bylaws and a report, prescribed the contents of the report and directed the filing of annual financial reports, and are now covered by section 431 of this title. Subsec. (h). Pub. L. 86–257, §201(d), repealed subsec. (h) which related to affidavits showing union's officers free from Communist Party affiliation or belief. 1951—Subsec. (e). Act Oct. 22, 1951, §1(c), struck out par. (1) and renumbered pars. (2) and (3) as (1) and (2). Subsecs. (f) to (h). Act Oct. 22, 1951, §1(d), struck out "No petition under section 159(e)(1) shall be entertained" wherever appearing. 1947—Act June 23, 1947, amended section generally to allow employees to carry their grievances directly to the employer, to circumscribe certain powers of the Board, to make the union file with the Secretary of Labor its constitution, bylaws, and report before being certified as a bargaining agent, to require annual reports by labor unions, and to require labor unions to file affidavits with the Board showing that none of its officers are affiliated with or believe in the Communist Party. EFFECTIVE DATE OF 1959 AMENDMENTAmendment by section 702 of Pub. L. 86–257 effective sixty days after Sept. 14, 1959, see section 707 of Pub. L. 86–257, set out as a note under section 153 of this title. EFFECTIVE DATE OF 1947 AMENDMENTFor effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title. CERTAIN CERTIFICATIONS OF BARGAINING UNITS UNAFFECTEDAct June 23, 1947, ch. 120, title I, §103, 61 Stat. 152, provided that: "No provisions of this title [amending this subchapter] shall affect any certification of representatives or any determination as to the appropriate collective-bargaining unit, which was made under section 9 of the National Labor Relations Act [this section] prior to the effective date of this title [sixty days after June 23, 1947] until one year after the date of such certification or if, in respect of any such certification, a collective-bargaining contract was entered into prior to the effective date of this title [sixty days after June 23, 1947], until the end of the contract period or until one year after such date, whichever first occurs." |
United States Code, 2012 Edition, Supplement 4, Title 29 - LABOR |
Bills and Statutes |
United States Code |
Title 29 - LABOR CHAPTER 7 - LABOR-MANAGEMENT RELATIONS SUBCHAPTER II - NATIONAL LABOR RELATIONS Sec. 159 - Representatives and elections |
section 159 |
2016 |
January 6, 2017 |
No |
standard |
49 Stat. 453 61 Stat. 143, 152 65 Stat. 601 73 Stat. 525 |
Public Law 86-257 |


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subset: commoncrawl


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Pulmonary Rehabilitation for Chronic Obstructive Pulmonary Disease (COPD)
Treatment Overview
Pulmonary rehabilitation for COPD combines different treatments to:
- Help you lead a more active life.
- Help reduce your symptoms.
- Improve your quality of life.
- Encourage your active participation in your treatment.
- Help keep you out of the doctor's office and out of the hospital.
Pulmonary rehabilitation—"rehab" for short— will not reverse the damage to your lungs from COPD. But it will help you do your daily tasks, such as dressing, grocery shopping, and walking, more easily.
There are many different kinds of pulmonary rehab programs. Some are done in the hospital. Some are done at home.
Health professionals who may be involved with these programs include:
- Doctors.
- Nurses.
- Dietitians.
- Physical therapists.
- Occupational therapists.
- Respiratory therapists.
Supervision and structure
Pulmonary rehab is usually supervised and structured. This means that it will include evaluation of your symptoms and treatment, short-term and long-term goals, education, support, and supervised therapy programs.
Evaluation and goals
Your rehab team will look at your symptoms and current treatment to make sure that you can get the most out of the program. They also will identify other concerns, such as heart problems, that might affect your ability to exercise and to perform daily tasks.
Then you and your team will set short-term and long-term goals to meet your specific needs. For instance:
- Some people might want to be able to dress themselves every day.
- Others might want to be able to walk 30 minutes every day.
Understanding COPD—how it progresses and is best treated—makes it easier to live with and manage the disease. Rehab programs generally include education for both you and your family about:
- How the program affects your COPD symptoms.
- The importance of the program to your overall health.
- How regular participation can help you meet your goals.
Support and encouragement from friends, family, and your health team are crucial in helping you stay with your rehab plan.
- Your doctor may recommend counseling for you and your family.
- Support groups are available in many cities. These groups can help you and your family cope with COPD and the problems it can cause.
- One of the greatest benefits of a rehab program is the chance to meet other people with COPD who are doing a lot to breathe better and live longer. You can exchange information about living with COPD with people who have had a lot of success.
Supervised therapy programs
Therapy programs are the heart of pulmonary rehab. They are created just for you, depending on your needs and goals.
What therapy programs are used in pulmonary rehab?
Help to quit smoking
If you still smoke, stopping is the most important therapy program. Quitting smoking can slow damage to your lungs. Your rehab team can help you find the right program for quitting, whether it involves medicine, counseling, and/or support groups.
For more information, see the topic Quitting Smoking.
Exercise training for COPD often includes aerobic exercise, such as walking or using a stationary bike, and muscle-strengthening exercises for your arms and legs.
- Regular exercise can improve how active you can be, and it can reduce your shortness of breath.
- If you stay active, you may have fewer problems from COPD, have a better attitude about your life and the disease, and be less likely to be depressed.
Always talk to your doctor before starting an exercise program. People with COPD may also have heart problems that limit their exercise choices. You may need medical supervision when you start the program.
For more information, see:
Breath training
Breath training can help you take deeper breaths and reduce shortness of breath. You must practice breath training regularly for it to work.
Three basic breath-training methods are diaphragmatic breathing, pursed-lip breathing, and breathing while bending forward. They can be used to help you get through periods when you feel more short of breath.
- Diaphragmatic breathing helps your lungs expand so that they take in more air. (Your diaphragm is a muscle that helps draw air into your lungs as you breathe.) Many, but not all, people with COPD find this breathing method helpful.
- Lie on your back, or prop yourself up on several pillows.
- With one hand on your belly and the other on your chest, breathe in, pushing your belly out as far as you can. You should be able to feel the hand on your belly moving out, while the hand on your chest should not move.
- When you breathe out, you should be able to feel the hand on your belly moving in.
- After you can do this kind of breathing well lying down, you can learn to do it sitting or standing.
- Practice this breathing for 20 minutes, 2 or 3 times a day.
- Pursed-lip breathingmay help you breathe more air out so that your next breath can be deeper. Pursed-lip breathing reduces shortness of breath and improves your ability to exercise.
- Breathe in through your nose and out through your mouth while almost closing your lips.
- Breathe in for about 2 seconds, and breathe out for 4 to 6 seconds.
- Breathing while bending forward at the waist may make it easier for you to breathe. Bending forward while breathing may reduce shortness of breath in those with severe COPD, both at rest and during exercise. This may be because bending forward allows the diaphragm to move more easily.
Learning to eat well
Eating well is important to keep up your strength and health. Problems with muscle weakness and weight loss happen often in severe COPD. If you lose too much weight, you can get even more short of breath and become even less active. Over time, you could become so weak that you need to depend on others for daily living. For more information, see:
What To Expect
An ongoing pulmonary rehabilitation (rehab) program can help you function better over the long term. Each program should set short-term and long-term goals to help you keep track of changes and successes. This makes sure that the program continues to meet your needs.
Why It Is Done
Pulmonary rehabilitation (rehab) is recommended for people who have lung problems such as COPD.
Pulmonary rehab helps most people who have COPD. It especially helps if you were recently in the emergency room or hospital for a flare-up (exacerbation).
How Well It Works
Pulmonary rehabilitation (rehab):
- Improves shortness of breath and fatigue.
- Gives you more control over your condition.
- Results in greater improvement in quality of life than other types of treatment, such as medicine.
- Modestly improves how much you can exercise.
To work well, a rehab program should last at least 6 weeks. The longer the program is, the better it works.
What To Think About
The success of pulmonary rehab relies on the relationship between you and your health team. It is important that you work with your team, take an active role in the program, and understand the importance of staying with your program.
Although this treatment can improve your daily life, it does not reverse the effects that COPD has had on your lungs or other organs such as your heart. It does not cure COPD. It trains your mind, muscles, and heart to get the most out of damaged lungs.
Current as of: June 9, 2019
Author: Healthwise Staff
Medical Review:E. Gregory Thompson MD – Internal Medicine & Adam Husney MD – Family Medicine & Ken Y. Yoneda MD – Pulmonology
Current as of: June 9, 2019
Author: Healthwise Staff
Medical Review:E. Gregory Thompson MD – Internal Medicine & Adam Husney MD – Family Medicine & Ken Y. Yoneda MD – Pulmonology
This information does not replace the advice of a doctor. Healthwise, Incorporated, disclaims any warranty or liability for your use of this information. Your use of this information means that you agree to the Terms of Use. Learn how we develop our content.


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Child Star Report
A Cosmic Manual on how to Raise a Child!
Child Star Report:
Price: $24.95
Wouldn't it be nice if at every new birth the parents were given a manual or cosmic map on exactly how to raise their new child to be a healthy, happy, fulfilled human being based on their natural talents?
The Child*Star reading provides a personal horoscope written specifically for children. This unique natal report describes in great detail a child's emerging identity as well as their emotional and intellectual inclinations.
But, it doesn't stop there. Child*Star also also delves into the areas where your child shows the greatest potential for success, personal fulfillment and happiness.
By helping you identify and understand your child's talents and the challenges they may face, you can successfully guide them through their most important years.
Though Child*Star reports are written primarily for newborns, they can give you equally valuable insights into your adolescent or teenager. Even your fledgling college student can benefit from the insights offered by a Child*Star report.


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Due honor should be given the elderly. It's in the Bible, Leviticus 19:32, NIV. "Rise in the presence of the aged, show respect for the elderly and revere your God."
Older men and women must be treated with respect. It's in the Bible, I Timothy 5:1, TLB. "Never speak sharply to an older man, but plead with him respectfully just as though he were your own father…Treat the older women as mothers."
Older people should be valued for their experience. It's in the Bible, Proverbs 20: 29, TLB. "The glory of young men is their strength; of old men, their experience."
The young can learn valuable lessons about life from the old. It's in the Bible, Psalm 71:18, TLB. "And now that I am old and gray, don't forsake me. Give me time to tell this new generation (and their children too) about all Your mighty miracles."
There is counsel for senior citizens. It's in the Bible, Titus 2:2-5, TLB. "Teach the older men to be serious and unruffled; they must be sensible, knowing and believing the truth and doing everything with love and patience. Teach the older women to be quiet and respectful in everything they do. They must not go around speaking evil of others and must not be heavy drinkers, but they should be teachers of goodness. These older women must train the younger women to live quietly, to love their husbands and their children, and to be sensible and clean minded, spending their time in their own homes, being kind and obedient to their husbands, so that the Christian faith can't be spoken against by those who know them."


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K-State Salina and Kansas Science Olympiad come together for regional competition
Friday, Jan. 10, 2014
SALINA -- Kansas State University Salina will open its campus to junior high and high school students on Wednesday, Jan. 15, when it hosts the Kansas Science Olympiad. K-State Salina is one of five regional locations and play will begin at 8 a.m. for the high school level and 9 a.m. for junior high participants.
The nationally recognized competition consists of 23 events focusing on biology, physics, chemistry, earth science, technology and inquiry. From attempting to support 15 kilograms on a bridge constructed with the lightest materials possible to using satellite imagery to solve problems, the students' knowledge and skill level will be tested.
K-State Salina is an ideal venue for the event, especially for those interested in continuing their education in the science and technology field, according to Don Von Bergen, the director of the Salina regional Science Olympiad and head of the arts, sciences and business department at K-State Salina.
"Holding the competition on our campus is a great opportunity for students to look around and network with instructors in top-of-the-nation programs, and they are exposed to new ideas everywhere," he said.
Von Bergen actually coached a Science Olympiad team at the high school level for seven years and loves that students can take what they've learned in the classroom and apply it in a friendly competition setting.
"It's where science comes alive," Von Bergen said.
An awards presentation will follow the conclusion of the competition. First-, second- and third-place individuals will receive a medal, while first-, second- and third-place teams will get a trophy. Winners in each event are eligible for the state competition in April.
Many of the events are open to the public and attendance is encouraged. Parking is available in the lots south of the College Center. A schedule of events and a campus map are available at http://www.salina.k-state.edu/scienceolympiad/.
Volunteers are still needed and can contact Von Bergen at 785-826-2696 or firstname.lastname@example.com.


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Fact Sheet #26: Section H-2A of the Immigration and Nationality Act (INA)
February 2010
On April 29, 2024, The U.S. Department of Labor published a final rule, "Improving Protections for Workers in Temporary Agricultural Employment in the United States." At this time, the information on this page may not yet reflect the changes implemented by the final rule. The Department is currently reviewing its guidance and will soon update the information on this page, if necessary.
This fact sheet provides general information concerning the application of the H-2A requirements to the agricultural industry for H-2A applications submitted on or after March 15, 2010.
The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. The Department of Labor's regulations governing the H-2A Program also apply to the employment of U.S. workers by an employer of H-2A workers in any work included in the ETA-approved job order or in any agricultural work performed by the H-2A workers during the period of the job order. Such U.S. workers are engaged in corresponding employment.
Overview of Employer Contractual Obligations
Recruitment of U.S. Workers: In order for the Department of Labor to certify that there are not sufficient U.S. workers qualified and available to perform the labor involved in the petition and that the employment of the foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers, employers must demonstrate the need for a specific number of H-2A workers. In addition to contacting certain former U.S. employees and coordinating recruitment activities through the appropriate State Workforce Agency, employers are required to engage in positive recruitment of U.S. workers. H-2A employers must provide employment to any qualified, eligible U.S. worker who applies for the job opportunity until 50 percent of the period of the work contract has elapsed. Employers must offer U.S. workers terms and working conditions which are not less favorable than those offered to H-2A workers.
Termination of Workers: Employers are prohibited from hiring H-2A workers if the employer laid off U.S. workers within 60 days of the date of need, unless the laid-off U.S. workers were offered and rejected the agricultural job opportunities for which the H-2A workers were sought. A layoff of U.S. workers in corresponding employment is permissible only if all H-2A workers are laid off first. Employers may only reject eligible U.S. workers for lawful, job-related reasons.
In order to negate a continuing liability for wages and benefits for a worker who is terminated or voluntarily abandons the position, employers are required to notify the Department of Labor (DOL), and in the case of an H-2A worker the Department of Homeland Security, no later than two working days after the termination or abandonment.
Rates of Pay: The employer must pay all covered workers at least the highest of the following applicable wage rates in effect at the time work is performed: the adverse effect wage rate (AEWR), the applicable prevailing wage, the agreed-upon collective bargaining rate, or the Federal or State statutory minimum wage.
Wages may be calculated on the basis of hourly or "piece" rates of pay. The piece rate must be no less than the piece rate prevailing for the activity in the area of intended employment and on a pay period basis must average no less than the highest required hourly wage rate.
Written Disclosure: No later than the time at which an H-2A worker applies for a visa and no later than on the first (1st) day of work for workers in corresponding employment, the employer must provide each worker a copy of the work contract – in a language understood by the worker – which describes the terms and conditions of employment. In the absence of a separate written work contract, the employer must provide each worker with a copy of the job order that was submitted to and approved by DOL. The work contract must include:
- the beginning and ending dates of the contract period as well as the location(s) of work;
- any and all significant conditions of employment, including payment for transportation expenses incurred, housing and meals to be provided (and related charges), specific days workers are not required to work (i.e., Sabbath, Federal holidays);
- the hours per day and the days per week each worker will be expected to work;
- the crop(s) to be worked and/or each job to be performed;
- the applicable rate(s) for each crop/job;
- that any required tools, supplies, and equipment will be provided at no charge;
- that workers' compensation insurance will be provided at no charge; and
- any deductions not otherwise required by law. All deductions must be reasonable. Any deduction not specified is not permissible.
Guarantees to All Workers: H-2A employers must guarantee to offer each covered worker employment for a total number of hours equal to at least 75% of the workdays in the contract period – called the "three-fourths guarantee." For example, if a contract is for a 10-week period, during which a normal workweek is specified as 6 days a week, 8 hours per day, the worker would need to be guaranteed employment for at least 360 hours (e.g., 10 weeks x 48 hours/week = 480 hours x 75% = 360).
If during the total work contract period the employer does not offer sufficient workdays to the H-2A or corresponding workers to reach the total amount required to meet the three-fourths guarantee, the employer must pay such workers the amount they would have earned had they actually worked for the guaranteed number of workdays. Wages for the guaranteed 75% period will be calculated at no less than the rate stated in the work contract.
Housing: Employers must provide housing at no cost to H-2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day. If the employer elects to secure rental (public) accommodations for such workers, the employer is required to pay all housing-related charges directly to the housing's management.
In addition, employers are required to either provide each covered worker with three meals per day, at no more than a DOL-specified cost, or to furnish free and convenient cooking and kitchen facilities where workers can prepare their own meals.
Employer-provided or secured housing must meet all applicable safety standards.
Transportation: Employers must provide daily transportation between the workers' living quarters and the employer's worksite at no cost to covered workers living in employer-provided housing. Employer-provided transportation must meet all applicable safety standards, be properly insured, and be operated by licensed drivers.
Inbound & Outbound Expenses: If not previously advanced or otherwise provided, the employer must reimburse workers for reasonable costs incurred for inbound transportation and subsistence costs once the worker completes 50% of the work contract period. Note: the FLSA applies independently of H-2A and prohibits covered employees from incurring costs that are primarily for the benefit of the employer if such costs take the employee's wages below the FLSA minimum wage. Upon completion of the work contract, the employer must either provide or pay for the covered worker's return transportation and daily subsistence.
Records Required: Employers must keep accurate records of the number of hours of work offered each day by the employer and the hours actually worked each day by the worker.
On or before each payday (which must be at least twice monthly), each worker must be given an hours and earnings statement showing hours offered, hours actually worked, hourly rate and/or piece rate of pay, and if piece rates are used, the units produced daily. The hours and earnings statement must also indicate total earnings for the pay period and all deductions from wages.
Additional Assurances and Obligations: Employers must comply with all applicable laws and regulations, including the prohibition against holding or confiscating workers' passports or other immigration documents. In addition, employers must not seek or receive payment of any kind from workers for anything related to obtaining the H-2A labor certification, including the employer's attorney or agent fees, the application fees, or the recruitment costs. Employers must also assure that there is no strike or lockout in the course of a labor dispute at the worksite for the H-2A certification which the employer is seeking. In addition, employers cannot discriminate against – or discharge without just cause – any person who has filed a complaint, consulted with an attorney or an employee of a legal assistance program, testified, or in any manner, exercised or asserted on behalf of himself/herself or others any right or protection afforded by sec. 218 of the INA or the H-2A regulations.
H-2A Labor Contractors
An H-2ALC is a person who meets the definition of an "employer" under the H-2A Program and does not otherwise qualify as a fixed-site employer or an agricultural association (or an employee of a fixed-site employer or agricultural association) and who is engaged in any one of the following activities in regards to any worker subject to the H-2A regulations: recruiting, soliciting, hiring, employing, furnishing, housing, or transporting.
While H-2A does not require labor contractors to register as such with the Department, any person who is subject to MSPA as a Farm Labor Contractor (FLC) must register with the Department and be issued an FLC Certificate of Registration prior to engaging in any farm labor contracting activity. In their H-2A applications, H-2ALCs required to be registered under MSPA are obligated to provide their respective MSPA FLC Certificate of Registration number and to identify the farm labor contracting activities they are authorized to perform.
In addition to meeting the same assurances and obligations as any other H-2A employer, H-2ALCs must fulfill the following requirements:
- list the name and location of each fixed-site agricultural business to which they expect to provide H-2A workers, the dates of each employment opportunity, and a description of the crops and activities the workers are expected to perform at each area of intended employment;
- submit a copy of each work contract agreement between the H-2ALC and the agricultural business to which they expect to provide workers;
- provide proof that all housing and transportation if provided or secured by the fixed-site employer complies with applicable safety and health standards; and
- obtain and submit the original surety bond with the H-2A Application.
Surety Bond: The surety bond must be written to cover liability incurred during the term of the work contract period listed on the H-2A Application and must remain in effect for a period of at least 2 years from the expiration date of the labor certification. H-2ALCs must obtain the surety bond in the following amounts:
- $5,000 for a labor certification with fewer than 25 employees;
- $10,000 for a labor certification with 25 to 49 employees;
- $20,000 for a labor certification with 50 to 74 employees;
- $50,000 for a labor certification with 75 to 99 employees; and
- $75,000 for a labor certification with 100 or more employees.
The bond must be payable to the Administrator, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue, NW, Room S-3502, Washington, DC 20210.
Where to Obtain Additional Information
For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.


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by Pam Reiss, author Soup A Kosher Collection & Passover A Kosher Collection
I don't know if I'd say that these are better than traditional potato latkes because there is something so perfect about the humble potato/onion pancake most of us grew up enjoying during Chanukah. I will say that these are delicious and they feature an ingredient native to my little corner of the world, wild rice. The texture and nutty flavor of the wild rice work beautifully with the mushrooms. Another food item found locally in abundance is freshwater fish – if you can get your hands on some smoked fish (whitefish, tulibee, goldeye or smoked salmon) if you can't, try adding a dollop of sour cream or crème fresh and a piece of smoked fish to each pancake.
3 cups button or crimini mushrooms – thinly sliced
1 large yellow onion – peeled and finely chopped
2 Tbsp. vegetable oil
1 can (425 g) cooked wild rice – rinsed and drained*
1 to 2 tsp. salt
3/4 tsp. pepper
3 eggs
1/2 cup flour
Sauté onions for 2-3 minutes in oil over medium heat. Add sliced mushrooms and cook until the mushrooms have released their juices and are cooked through, about 10 minutes. Drain and cool.
Place the cooled mushrooms and onions in a mixing bowl and add add the wild rice, 1 tsp.salt, the pepper, eggs and flour. Mix well.
Heat oil in a frying pan and carefully spoon heaping tablespoons of the mixture into the oil. Fry for 3-5 minutes on each side until golden brown and set. I like to fry one small test latke to taste and check for seasoning. If it needs more salt or pepper add it now. Continue frying the rest of the latkes.
Drain well on paper towel and serve.
Another option is to make lots of mini-latkes, using a teaspoon instead of a tablespoon. Top them with sour cream and a slice of smoked salmon for a wonderful Chanukah appetizer.
Yield: Makes 16-18
*Kosher canned cooked wild rice can be ordered from CanoeWildRice.com. It is already cooked and just needs to be rinsed and drained. If not available, one can boil 1 1/4 cups of wild rice in plenty of water (at least 4 cups) until tender, about 20-30 minutes. Drain well and use.
Recipes: Side Dishes, Latkes, Parve, Kosher


text:
We hadn't heard about this film before, so we figure it needs every little bit of help it can get. I expect you'll only be able to find it in tiny little art cinemas though when it's released in December.
Here's the synopsis: 'In Lucasfilm's Star Wars: The Last Jedi, the Skywalker saga continues as the heroes of The Force Awakens join the galactic legends in an epic adventure that unlocks age-old mysteries of the Force and shocking revelations of the past.
'The film stars Mark Hamill, Carrie Fisher, Adam Driver, Daisy Ridley, John Boyega, Oscar Isaac, Lupita Nyong'o, Andy Serkis, Domhnall Gleeson, Anthony Daniels, Gwendoline Christie, Kelly Marie Tran, Laura Dern and Benicio Del Toro. Star Wars: The Last Jedi is written and directed by Rian Johnson and produced by Kathleen Kennedy and Ram Bergman. J.J. Abrams, Tom Karnowski and Jason McGatlin are the executive producers.'
The Last Jedi will be in cinemas on December 14th.


text:
Continuing the mini-series on Dependency Injection (see my previous blogs: problems with DI, assisted inject for CDI and improving assisted inject), I took a look at how DI is handled in Scala.
There are several approaches, one of the most interesting being the Cake Pattern. It is a DI solution that uses only native language features, without any framework support. For a good introduction see either Jonas Boner's blog (on which this post is largerly based) or Martin Odersky's paper Scalable Component Abstractions.
I would like to extend the Cake Pattern to allow defining dependencies which need some user-provided data to be constructed (like in autofactories/assisted inject).
The Cake Pattern: interfaces
But let's start with an example of the base pattern. Let's say that we have a User
sealed case class User(username: String)
and that we want to create a UserRepository
service. Using the Cake Pattern, first we create the "interface":
trait UserRepositoryComponent { // For expressing dependencies
def userRepository: UserRepository // Way to obtain the dependency
trait UserRepository { // Interface exposed to the user
def find(username: String): User
We have three important things here:
- the
trait will be used to express dependencies. It contains the component definition, consiting of: - a way to obtain the dependency: the
def userRepository
method (could also be aval
, but why adef
is better I'll explain later) - the interface itself, here a
trait, which gives the functionality of locating users by username
The Cake Pattern: implementations
An implementation of a component looks pretty similar:
trait UserRepositoryComponentHibernateImpl
extends UserRepositoryComponent {
def userRepository = new UserRepositoryImpl
class UserRepositoryImpl extends UserRepository {
def find(username: String): User = {
println("Find with Hibernate: " + username)
new User(username)
Nothing special here. The component implementation extends the "interface" component trait. This brings into scope the UserRepository
trait, which can be implemented.
Using dependencies
How can one component/service say that it depends on another? Scala's self-type annotations are of much use here. For example, if a UserAuthorization
component requires the UserRepository
, we can write this as follows:
// Component definition, as before
trait UserAuthorizationComponent {
def userAuthorization: UserAuthorization
trait UserAuthorization {
def authorize(user: User)
// Component implementation
trait UserAuthorizationComponentImpl
extends UserAuthorizationComponent {
// Dependencies
this: UserRepositoryComponent =>
def userAuthorization = new UserAuthorizationImpl
class UserAuthorizationImpl extends UserAuthorization {
def authorize(user: User) {
println("Authorizing " + user.username)
// Obtaining the dependency and calling a method on it
The important part here is this: UserRepositoryComponent =>
. By this code fragment we specify that the UserAuthorizationComponentImpl
requires some implementation of the UserRepositoryComponent
. This also brings the content of the UserRepositoryComponent
into scope, so both the method to obtain the user repository and the UserRepository
trait itself are visible.
How do we wire different components together? Again quite easily. For example:
val env = new UserAuthorizationComponentImpl
with UserRepositoryComponentHibernateImpl
First we need to construct the environment, by combining all of the components implementations that we want to use into a single object. Next, we can call methods on the environment to obtain services.
What about testing? Also easy:
val envTesting = new UserAuthorizationComponentImpl
with UserRepositoryComponent {
def userRepository = mock(classOf[UserRepository])
Here we have mocked the user repository, so we can test the UserAuthorizationComponentImpl
in isolation.
s over val
Why are def
s in the component definition better as the way to obtain the dependency? Because if you use a val
, all implementations are locked and have to provide a single dependency instance (a constant). With a method, you can return different values on each invocation. For example, in a web environment, this is a great way to implement scoping! The method can read from the request or session state. Of course, it is still possible to provide a singleton. Or a new instance of the dependency on each invocation.
Dependencies that need user data
Finally, we arrive to the main point. What if our dependencies need some data at runtime? For example, if we wanted to create a UserInformation
service, which wraps a User
Well, who said the the methods by which we obtain the dependencies need to be parameterless?
// Interface
trait UserInformationComponent {
// What is needed to create the component
def userInformation(user: User)
trait UserInformation {
def userCountry: Country
// Implementation
trait UserInformationComponentImpl
extends UserInformationComponent {
// Dependencies
this: CountryRepositoryComponent =>
def userInformation(user: User) = new UserInformationImpl(user)
class UserInformationImpl(val user: User) extends UserInformation {
def userCountry: Country {
// Using the dependency
// Usage
val env = new UserInformationComponentImpl
with CountryRepositoryComponentImpl
Isn't this better than passing the User
instance as a method parameter?
Using the Cake Pattern, creating stateful dependencies, which can be created at run-time with user-provided data, and still depend on other components is a breeze. This is similar to a factory method, however with much less noise.
The good and the bad
The good:
- no framework required, using only language features
- type safe – a missing dependency is found at compile-time
- powerful – "assisted inject", scoping possible by implementing the dependency-providing method appropriately
The bad:
- quite a lot of boilerplate code: each component has a component interface, implementation, service interface and service implementation
However, I don't think defining all four parts is always necessary. If there's only one implementation of a component, you can combine the component interface and implementation into one, and if there's a need, refactor later.
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text:
Melink Corp.'s Intelli-Hood controls for commercial kitchen hoods, which reduce exhaust- and makeup-fan speeds during idle, non-cooking conditions, providing fan energy savings of up to 90 percent and conditioned-air savings of up to 50 percent, were named Product of the Year during the 2012 International Air-Conditioning, Heating, Refrigerating Exposition (AHR Expo), held Jan. 23-25 in Chicago.
Melink, the Milford, Ohio-based provider of building commissioning services, kitchen ventilation controls, and solar-photovoltaic systems, was selected from among the 10 2012 AHR Expo Innovation Award recipients.
Sponsored by ASHRAE, the Air-Conditioning, Heating, and Refrigeration Institute, and International Exposition Co., the awards program recognizes the most innovative and useful products among the thousands on display at the AHR Expo. Entries are judged on the basis of innovative design, application, market impact, and value to the HVACR industry.
"Twenty years ago, when we first pioneered demand ventilation controls, there was very little interest in saving energy," Steve Melink, president of Melink Corp., said. "Fortunately, over time, the market caught up with technology, and the building industry learned to embrace energy efficiency."


text:
Texas Family Mistakes Bobcats For Kitty Cats, Three People Injured
They thought they were doing the right thing, but this is why you may not want to invite all of the stray animals from the neighborhood into your house.
Quite a shocking moment for a San Antonio family this week. They found what they thought were housecats in a back alley behind their house. They decided to bring the three young cats into their home. The homeowner attempted to feed the cats some milk and at this point, they became aggressive and bit three people. Nothing too serious, but bites bad enough to warrant a trip to the emergency room.
The family decided to do some research online to try and figure out what kind of cats these were. They were shocked to find out they invited bobcats into their home. The family then called Animal Care Services who are now in custody of the Bobcats, they're currently under a quartine. Once they're determined to be healthy enough, they will be returned to wild. Also far enough from a residential neighborhood, where someone could not accidentally confuse them for kitty cats again.
BONUS: Watch Dogs Splash and Play at the Water Park


text: Philip C. Kendall, Ph.D., ABPP, Muniya Choudhury, Ph.D., Jennifer Hudson, Ph.D., and Alicia Webb, Ph.D. Temple University, Child and Adolescent Anxiety Disorders Clinic An outgrowth of the popular Coping Cat Program, the CAT Project provides sixteen sessions for individual cognitive-behavioral treatment (CBT) for anxiety in older adolescents (14-17 years of age) using a workbook format. Content has been modified for use with the older population. (54 pages) ISBN: 978-1-888805-17-8 © 2002 Appropriate for a variety of anxiety disorders in youth ages 14-17. (For children, use the Coping Cat Workbook & Therapist Manual)


text:
People are boycotting Twitter for 48 hours - here's why
Politicians, celebrities and other high-profile figures began a 48-hour boycott of social media sites Facebook and Twitter this morning.
Both sites have been heavily criticised for their slow response to anti-semitic posts by grime artist Wiley.
Hide AdAdvertisement
Hide AdUsing the hashtag #NoSafeSpaceForJewHate, a number of high-profile Twitter users have announced their support for the boycott of the sites in protest over the company's handling of the incident.
Home Secretary Priti Patel is among those criticising the silicon valley giants.
She said: "social media companies must act much faster to remove such appalling hatred from their platforms."
Why are people boycotting social media?
In the wake of Wiley's posts, calls to boycott Twitter and Facebook began circulating due to their inaction.
Hide AdAdvertisement
Hide AdA widely circulated picture featuring an emoji with a zipped mouth read: Silence talks. Starting Monday 27th at 9am leave Twitter for 48 hours to protest their inaction on anti-Jewish racism #NoSafeSpaceForJewHate
MP Jess Phillips was among those who tweeted support for the movement.
She said: "From 9am tomorrow I am joining the boycott of @Twitter for 48 hours to protest their inaction on antisemitism. This platform has been a safe haven for hate speech for too long. @jack must act #NoSafeSpaceForJewHate"
What did Wiley say?
Wiley unleashed a stream of abuse targeting the Jewish community on Friday and Saturday.
Hide AdAdvertisement
Hide AdPosting to his nearly 500k followers the rapper compared Jewish people to snakes and cowards, while claiming they were at war with the black community.
He also suggested that they deserved to be shot and claimed they were responsible for the slave trade.
The rapper drew comparisons between Jewish people and the KKK, stating: "There are 2 sets of people who nobody has really wanted to challenge #Jewish & #KKK but being in business for 20 years you start to understand why. Red Necks Are the KKK and Jewish people are the Law… Work that out."
He also repeatedly claimed that Jewish people controlled wealth. A common antisemitic trope has been to label Jewish people as greedy and wrongly claim that they hold a disproportionate amount of power and wealth.
Hide AdAdvertisement
Hide AdAt one point he stated: "If you work for a company owned by 2 Jewish men and you challenge the Jewish community in anyway of course you will get fired."
How was Wiley punished?
Twitter removed some of the rapper's tweets alongside a note saying that he had breached their rules, however some tweets were still visible 12 hours after he posted them.
In total 38 tweets were removed.
They later said that Wiley had been banned from the platform for seven days.
Facebook, who own Instagram, later revealed that they had banned the performer from their platform for seven days.
Police are now investigating the comments.


text:
Fred Jameson has argued that "that it is easier to imagine the end of the world than to imagine the end of capitalism." He goes on to say that "We can now revise that and witness the attempt to imagine capitalism by way of imagining the end of the world" (Jameson 2003). One way of understanding Jameson's comment is that within the ideological and affective spaces in which the neoliberal subject is produced and market-driven ideologies are normalized, there are new waves of resistance, especially among young people, who are insisting that casino capitalism is driven by a kind of mad violence and form of self-sabotage, and that if it does not come to an end, what we will experience, in all probability, is the destruction of human life and the planet itself. Certainly, more recent scientific reports on the threat of ecological disaster from researchers at the University of Washington, NASA, and the Intergovernmental Panel on Climate Change reinforce this dystopian possibility. [1]
As the latest stage of predatory capitalism, neoliberalism is part of a broader economic and political project of restoring class power and consolidating the rapid concentration of capital, particularly financial capital (Giroux 2008; 2014). As a political project, it includes "the deregulation of finance, privatization of public services, elimination and curtailment of social welfare programs, open attacks on unions, and routine violations of labor laws" (Yates 2013). As an ideology, it casts all dimensions of life in terms of market rationality, construes profit-making as the arbiter and essence of democracy, consuming as the only operable form of citizenship, and upholds the irrational belief that the market can both solve all problems and serve as a model for structuring all social relations. As a mode of governance, it produces identities, subjects, and ways of life driven by a survival-of-the fittest ethic, grounded in the idea of the free, possessive individual, and committed to the right of ruling groups and institutions to exercise power removed from matters of ethics and social costs. As a policy and political project, it is wedded to the privatization of public services, the dismantling of the connection of private issues and public problems, the selling off of state functions, liberalization of trade in goods and capital investment, the eradication of government regulation of financial institutions and corporations, the destruction of the welfare state and unions, and the endless marketization and commodification of society.
Neoliberalism has put an enormous effort into creating a commanding cultural apparatus and public pedagogy in which individuals can only view themselves as consumers, embrace freedom as the right to participate in the market, and supplant issues of social responsibility for an unchecked embrace of individualism and the belief that all social relation be judged according to how they further one's individual needs and self-interests. Matters of mutual caring, respect, and compassion for the other have given way to the limiting orbits of privatization and unrestrained self-interest, just as it has become increasingly difficult to translate private troubles into larger social, economic, and political considerations. As the democratic public spheres of civil society have atrophied under the onslaught of neoliberal regimes of austerity, the social contract has been either greatly weakened or replaced by savage forms of casino capitalism, a culture of fear, and the increasing use of state violence. One consequence is that it has become more difficult for people to debate and question neoliberal hegemony and the widespread misery it produces for young people, the poor, middle class, workers, and other segments of society — now considered disposable under neoliberal regimes which are governed by a survival-of-the fittest ethos, largely imposed by the ruling economic and political elite. That they are unable to make their voices heard and lack any viable representation in the process makes clear the degree to which young people and others are suffering under a democratic deficit, producing what Chantal Mouffe calls "a profound dissatisfaction with a number of existing societies" under the reign of neoliberal capitalism (Mouffe 2013:119). This is one reason why so many youth, along with workers, the unemployed, and students, have been taking to the streets in Greece, Mexico, Egypt, the United States, and England.
The Rise of Disposable Youth
What is particularly distinctive about the current historical conjuncture is the way in which young people, particularly low-income and poor minority youth across the globe, have been increasingly denied any place in an already weakened social order and the degree to which they are no longer seen as central to how a number of countries across the globe define their future. The plight of youth as disposable populations is evident in the fact that millions of them in countries such as England, Greece, and the United States have been unemployed and denied long term benefits. The unemployment rate for young people in many countries such as Spain, Italy, Portugal, and Greece hovers between 40 and 50 per cent. To make matters worse, those with college degrees either cannot find work or are working at low-skill jobs that pay paltry wages. In the United States, young adjunct faculty constitute one of the fastest growing populations on food stamps. Suffering under huge debts, a jobs crisis, state violence, a growing surveillance state, and the prospect that they would inherit a standard of living far below that enjoyed by their parents, many young people have exhibited a rage that seems to deepen their resignation, despair, and withdrawal from the political arena.
This is the first generation, as sociologist Zygmunt Bauman argues, in which the "plight of the outcast may stretch to embrace a whole generation." (Bauman 2012a; 2012b; 2012c) He rightly insists that today's youth have been "cast in a condition of liminal drift, with no way of knowing whether it is transitory or permanent" (Bauman 2004:76). Youth no longer occupy the hope of a privileged place that was offered to previous generations. They now inhabit a neoliberal notion of temporality marked by a loss of faith in progress along with the emergence of apocalyptic narratives in which the future appears indeterminate, bleak, and insecure. Heightened expectations and progressive visions pale and are smashed next to the normalization of market-driven government policies that wipe out pensions, eliminate quality health care, raise college tuition, and produce a harsh world of joblessness, while giving millions to banks and the military. Students, in particular, found themselves in a world in which unrealized aspirations have been replaced by dashed hopes and a world of onerous debt (Fraser 2013; On the history of debt, see Graeber 2012).
The Revival of the Radical Imagination
Within the various regimes of neoliberalism that have emerged particularly in North since the late 1970s, the ethical grammars that drew attention to the violence and suffering withered or, as in the United States, seemed to disappear altogether, while dispossessed youth continued to lose their dignity, bodies, and material goods to the machineries of disposability. The fear of losing everything, the horror of an engulfing and crippling precarity, the quest to merely survive, the rise of the punishing state and police violence, along with the impending reality of social and civil death, became a way of life for the 99 percent in the United States and other countries. Under such circumstances, youth were no longer the place where society reveals its dreams, but increasingly hid its nightmares. Against the ravaging policies of austerity and disposability, "zones of abandonment appeared in which the domestic machinery of violence, suffering, cruelty, and punishment replaced the values of compassion, social responsibility, and civic courage" (Biehl 2005:2).
In opposition to such conditions, a belief in the power of collective resistance and politics emerged once again in 2010, as global youth protests embraced the possibility of deepening and expanding democracy, rather than rejecting it. Such movements produced a new understanding of politics based on horizontal forms of collaboration and political participation, and in doing so resurrected revitalized and much-needed questions about class power, inequality, financial corruption, and the shredding of the democratic process, as well as what it meant to create new communities of mutual support, democratic modes of exchange and governance, and public spheres in which critical dialogue and exchanges could take place (For an excellent analysis on neoliberal-induced financial corruption, see Anderson 2004).
A wave of youth protests starting in 2010 in Tunisia, and spreading across the globe to the United States and Europe, eventually posed a direct challenge to neoliberal modes of domination and the corruption of politics, if not democracy itself (Hardt & Negri 2012). The legitimating, debilitating, and depoliticizing notion that politics could only be challenged within established methods of reform and existing relations of power was rejected outright by students and other young people across the globe. For a couple of years, young people transformed basic assumptions about what politics is and how the radical imagination could be mobilized to challenge the basic beliefs of neoliberalism and other modes of authoritarianism. They also challenged dominant discourses ranging from deficit reduction and taxing the poor, to important issues that included poverty, joblessness, the growing unmanageable levels of student debt, and the massive spread of corporate corruption. As Jonathan Schell argued, youth across the globe were enormously successfully in unleashing "a new spirit of action", an expression of outrage fueled less by policy demands than by a cry of collective moral and political indignation whose message was
'Enough!' to a corrupt political, economic and media establishment that hijacked the world's wealth for itself… sabotaging the rule of law, waging interminable savage and futile wars, plundering the world's finite resources, and lying about all this to the public [while] threatening Earth's life forms into the bargain. (Schell 2011)
Yet, some theorists have recently argued that little has changed since 2011, in spite of this expression of collective rage and accompanying demonstrations by youth groups across the globe.
The Collapse or Reconfiguration of Youthful Protests?
Costas Lapavitsas and Alex Politaki, writing in The Guardian, argue that as the "economic and social disaster unfolded in 2012 and 2013", youth in Greece, France, Portugal, and Spain have largely been absent from "politics, social movements and even from the spontaneous social networks that have dealt with the worst of the catastrophe" (Lapavitsas & Politaki 2014). Yet, at the same time, they insist that more and more young people have been "attracted to nihilistic ends of the political spectrum, including varieties of anarchism and fascism" (Lapavitsas & Politaki 2014). This suggests they have hardly been absent from politics. On the contrary, those youth moving to the right are being mobilized around needs that simply promise the swindle of fulfillment. This does not suggest youth are becoming invisible as much as it implies that the economic crisis has not been matched by a crisis of ideas, one that would propel young people towards left political parties or social formations that effectively articulate a critical understanding of the present economic and political crisis, and a strategy to create and sustain a radical democratic political movement that avoids cooptation of the prevailing economic and political systems of oppression now dominating the United States, Greece, Turkey, Portugal, France, and England, among other countries.
This critique of youthful protesters as a suspect generation is repeated in greater detail by Andrew R. Myers inStudent Pulse (Myers 2012). He argues that deteriorating economic and educational conditions for youth all over Europe have created not only a profound sense of political pessimism among young people, but also a dangerous, if not cynical, distrust towards established politics. Myers seems less concerned about the conditions that have written young people out of jobs, a decent education, imposed a massive debt on them, and offers up a future of despair and dashed hopes than the alleged unfortunate willingness of young people to turn their back on traditional parties. Myers argues rightly that globalization is the enemy of young people and is undermining democracy, but he wrongly insists that traditional social democratic parties are the only vehicles and hope left for real reform. As such, Myers argues that youth who exhibit distrust towards established governments and call for the construction of another world are a sign of political defeat, if not cynicism itself. Unfortunately, with his lament about how little youth are protesting today and about their lack of engagement in the traditional forms of politics, he endorses, in the end, a defense of those left/liberal parties that embrace social democracy and the new labor policies of centrist-left coalitions. His rebuke borders on bad faith, given his criticism of young people for not engaging in electoral politics and joining with unions, both of which, for many youth, rightfully represent elements of a reformist politics they reject.
It is ironic that both of these critiques of the alleged passivity of youth and the failure of their politics have nothing to say about the generations of adults that failed these young people — that is, what disappears in these narratives is the fact that an older generation accepted the "realization that one generation no longer holds out a hand to the next" (Knott 2011:ix). What is lacking here is any critical sense regarding the historical conditions and dismal lack of political and moral responsibility of an adult generation who shamefully bought into and reproduced, at least since the 1970s, governments and social orders wedded to war, greed, political corruption, xenophobia, and willing acceptance of the dictates of a ruthless form of neoliberal globalization.
In fact, what was distinctive about the protesting youth across the globe was their rejection to the injustices of neoliberalism and their attempts to redefine the meaning of politics and democracy, while fashioning new forms of revolt (Hardt & Negri 2012; Graeber 2013). Among their many criticism, youthful protesters argued vehemently that traditional social democratic, left, and liberal parties suffered from an "extremism of the center" that had become complicitous with the corporate and ruling political elites, resulting in their embrace of the inequities of a form of casino capitalism which assumed that the market should govern the entirety of social life, not just the economic realm (Hardt & Negri 2012:88).
Resurrecting the Radical Imagination
Michael Hardt and Antonio Negri have argued that what united the Occupy Movement in the US with other movements globally was their emphasis on direct action and their rejection of modernist structures of representation and politics, including support for elections and traditional political parties, which they considered corrupt. As such, they did not reject the project of democracy, but asked where it had gone and how they could "engage with it again" and win back "the political power of the citizen worker" (Hardt & Negri 2012:29). Commenting on the radical nature of such youth protests, David Graeber argues that the potential of the new youth movements, if not their threat to both conservatives and liberals alike, is that they were more "willing to embrace positions more radical than anything seen, on a mass scale" in a number of countries, particularly "their explicit appeal to class politics, a complete reconstruction of the existing political system, [and] a call (for many at least) not just to reform capitalism but to begin dismantling it entirely" (Graeber 2013:69-70).
What recent critics of the current state of youth protests miss is that the real issue is not whether the occupy movements throughout Europe and the US have petered out, but rather, what have we learned from them, how have they been transformed, and what are we going to do about it? More specifically, what can be done to revitalize these rebellions into an international movement capable of effecting real change? Rather than claiming that youth have failed protesting the politics of austerity, neoliberal economies of stagnation, and the corrupt rule of finance capital, it is more important to recognize the ways in which such actions are undermined by the continued struggle for survival, and the threat and reality of state violence. The great "crime" of the youthful protesters is that they have embraced the utopian notion that there is an alternative to capitalism and, in doing so, are fighting back against a systemic war on the radical imagination, the belief that everything is for consumption, and that the only value that matters is exchange value.
The protesters in various countries have not failed. On the contrary, they realize that they need more time to fully develop the visions, strategies, cultural apparatuses, infrastructures, organizations, and alliances necessary to more fully realize their attempts to replace the older, corrupt social orders with new ones that are not simply democratic, but have the support of the people who inhabit them. Rather than disappearing, many protesters have focused on more specific struggles, such as getting universities to disinvest in coal industries, fighting the rise of student debt, organizing against the Trans-Pacific Partnership, protesting austerity cuts, creating free social services for the poor and excluded, and developing educational spaces that can provide the formative culture necessary for creating the needs, identities, and modes of agency capable of democratic relations (Zeese 2013; Taaffe 2013; Brahinsky 2014). At the same time, they are participating in everyday struggles that, as Thomas Piketty points out in Capital in the Twenty-First Century, make clear that free-market capitalism is not only responsible for "terrifying" inequalities in both wealth and income, but also produces anti-democratic oligarchies (Piketty 2014:571). And it is precisely through various attempts to create spaces in which democratic culture can be cultivated that the radical imagination can be liberated from the machinery of social and political death produced by casino capitalism. What was once considered impossible becomes possible through the development of worldwide youth protests that speak to a future that is being imagined, but waiting to be brought to fruition.
Challenges for Dark Times
New rights, demands, visions, and modes of political representation dedicated to the public and social good need time and involve long-term commitments to develop. How the construction of alternative forms of power, strategies, and organization will be developed that can both challenge established powers and become more fully realized is not clear. Needless to say, while youth movements around the globe have and are providing what Hardt and Negri call "a scaffolding" in preparation for an unforeseen event that would provide the ground for a radical social break out of which a new society can be built, there is much to be done in preparation for such an event (Hardt & Negri:103). The challenge young protesters face centers on developing visions, tactics, and strong organizations that enable strategies for change that become more than ephemeral protests reduced to "signs without organization", incapable of making a real difference (Aronowitz 2014).
Youth in various countries need to cultivate a radical imagination capable of providing alternatives to capitalism that will offer a challenge not only to neoliberalism and its destructive austerity policies, but also a vision that speaks to people's needs for a radical democracy, one that is capable of convincing diverse elements of a broader public that change is possible, and that existing systems of globalization and casino capitalism can be overcome. While the crisis of financial capital, among other dominant modes of oppression, must be challenged, there is also the urgent need for youth protesters to articulate "the broader dimensions of alienation beyond income disparity" (Aronowitz 2011). Issues of existential despair, meaninglessness, hopelessness, and a retreat into the orbits of privatization must be addressed if subjectivities and modes of agency are to be mobilized, capable of engaging in the long struggle for a radical democracy. Moreover, as long as these protest groups are fragmented, no significant change will take place. Planning effective strategies and building sustainable organizations will not work as long as there are divisions around authority, race, gender, class, sexuality, and identity. When these divisions function so as to democratize all demands and fail to provide some of democratic leadership, politics dissolves into a jumble of competing discourses and power becomes pathologized. As Sarah Jaffee points out,
The paradox of Occupy is that many of the things that made it succeed also made it splinter. The attraction to a "leaderless" movement was palpable, and the lack of demands made it possible for anyone to join in as long as they agreed with the basic premise that a tiny elite has too much power. Yet the idea of leaderlessness, as so many have written, masks the ways power continues to operate, and the lack of demands wound up as a refusal, oftentimes, to deal at all with existing systems. (Jaffee 2014)
Alliances among different groups, especially with workers and labor unions, must take place across national boundaries, motivated by a comprehensive understanding of global politics and its mechanics of power, ideology, corporate sovereignty, and its devastating effects on people's lives, and the reality and ideal of a radical democracy and more just world. The possibility for such alliances, unity, and comprehensive understanding of politics among the youth of the world is greater than ever before, given the new technologies and the growing consciousness that power is now global and has generated a need for new modes of politics (Epstein 2014:41-44; Aronowitz 2014a; Aronowitz 2014b). It is time for authentic rage to transform itself into an international movement for the creation of a genuinely democratic formative culture and an effective strategy for social, political, and economic change.
Henry A. Giroux currently holds the McMaster University Chair for Scholarship in the Public Interest in the English and Cultural Studies Department and a Distinguished Visiting Professorship at Ryerson University. His most recent books are America's Education Deficit and the War on Youth (Monthly Review Press, 2013) and Neoliberalism's War on Higher Education (Haymarket Press, 2014). His web site is www.henryagiroux.com.
[1] See, for instance, the 5th Assessment Report by the Intergovernmental Panel on Climate Change. See also, the Obama Administration's publication of the third US National Climate Assessment, which provides a comprehensive and dire scientific assessment of generated of climate change, focusing on its effects on the US economy, as well as on various regions across the United States.
Anderson, P., 2004, 'The Italian crisis', London Review of Books, 22 May, fromhttp://www.lrb.co.uk/v36/n10/perry-anderson/the-italian-disaster.
Aronowitz, S., 2011, 'Notes on the occupy movement', Logos, from http://logosjournal.com/2011/fall_aronowitz/.
Aronowitz, S., 2014a, 'What Kind of Left Does America Need?', Tikkun, 14 April, fromhttp://www.tikkun.org/nextgen/what-kind-of-left-does-america-need.
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This essay originally appeared in E-International Relations.


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For more information, here are two posts by David Bratman, from which I learned about these projects:
And here is a link to the ROLLING STONE article David references . . .
. . . and a related piece in which they propose five actors they'd like to see play JRRT: Cumberbatch (who'd be much better as Lewis, surely), Tennant (sounds a bad idea to me), Jeremy Renner (the only one of the five I'd never heard of), Radcliffe (having seen one of his post-Potter films, I hope not), and McKellan (who's good in everything). Janice pointed out they forgot Freeman.
and also appendige, 'Five Actors Who Could Play Tolkien' [JC: they forgot Martin Freeman!]
Finally, here's more on the Xian Lewis/Tolkien movie, which from what little we know of both films at this point (which isn't much) to be the more inaccurate of the two, in that it seems to be less interested in Lewis and Tolkien than in the story it wants to use them to tell.**
It'll be interesting to follow these two projects over the next few months and see if they survive the ruthless process of getting a modern film made and, if so, what the final products will look like.
More as thing develop.
--John R.
*cf my posts of January 2013 ( http://sacnoths.blogspot.com/2013/01/the-next-tolkien-film.html ) and December 2013 ( http://sacnoths.blogspot.com/2013/12/tolkien-biopic.html ).
**There's also more about both movies at Tor.Com:


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