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64 FLRA No. 192
July 21, 2010
Before the Authority: Carol Waller Pope, Chairman, and
Thomas M. Beck and Ernest DuBester, Members
I. Statement of the Case
This matter is before the Authority on exceptions to an attorney-fee award (the Fee Award) of Arbitrator Samuel A. Vitaro filed by the Agency under § 7122 of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Union filed an opposition to the Agency's exceptions.[1]
The Arbitrator granted in part the Union's request for attorney fees under the Back Pay Act, 5 U.S.C. § 5596. For the reasons discussed below, we modify the Fee Award to reflect a $330 hourly rate and to exclude any costs granted for photocopies and transcripts, and we deny the remaining exceptions.
II. Background and Arbitrator's Award
In his original award (Original Award), the Arbitrator found that the Agency's seven-day suspension of the grievant for offensive language was unreasonable under the factors set forth in Douglas v. Veterans Admin., 5 M.S.P.R. 280 (1981). See Original Award at 15, 20-21. The Arbitrator mitigated the suspension to a letter of reprimand and awarded the grievant backpay. Id. at 22. As neither party filed an exception to the Original Award, it became final.
In the Fee Award, the Arbitrator addressed, as relevant here, whether fees were warranted in the interest of justice under Allen v. U.S. Postal Serv., 2 M.S.P.R. 420 (1980) (Allen). Fee Award at 9. Specifically, he considered whether the Agency knew or should have known that it would not prevail on the merits -- including its choice of penalty -- when it brought the disciplinary action. See id. at 10. First, he found that the Agency "relied on the wrong 'Disruptive Behavior' category[]" in its table of penalties when the Agency selected a penalty, a "mistake [that] was avoidable based on the evidence the Agency had before it when it made its decision[.]" Id. at 14. Second, he found that, without justification, the Agency had penalized the grievant as if his conduct had been his second disciplinary offense, finding that the Agency's asserted justification was "inconsistent with the Agency's failure to even identify the previous [disciplinary action] in its decision." Id. Third, he determined that the Agency "failed to consider certain mitigating factors," for example, that an Agency witness "regretted reporting the [grievant's] statement" and that the witness was "pressured to provide" evidence of the statement. Id. at 13-14. The Arbitrator found that the Agency had "exaggerated [the] offense[,]" and that the Agency "knew or should have known that it would not succeed in sustaining the 7-day suspension."[2] Id. at 14-15.
The Arbitrator also considered the reasonableness of the requested fee. Citing Miller v. Department of Army, 106 M.S.P.R. 547 (2007), appeal after remand, 108 M.S.P.R. 576 (2008), and Del Prete v. United States Postal Serv., 104 M.S.P.R. 429 (2007), the Arbitrator stated that "even though [he did] not find the hours excessive[,] . . . [as] argued by the Agency[,]" the fees "must be reduced" because the grievant "succeeded on [the] penalty but . . . the Agency has proven the charge." Fee Award at 17. As the Arbitrator was "unable to separate out the time spent on the charge as contrasted with the penalty[,]" the Arbitrator found that "50% of the time involved in this case was spent on the charge[,]" and he "reduced the requested fees and expenses by 50%." Id. at 19.
As to the requested hourly billing rate, the Arbitrator stated that the rate set forth in the retainer agreement between the Union's attorney and the grievant -- $330 per hour -- is the "presumed reasonable rate[.]" Id. at 17. However, the Arbitrator found that the Union's attorney "rebutted that presumption" by submitting evidence that the requested rate of "$440/465" (hereinafter "the $465 hourly rate") was the prevailing market rate for attorneys who, like the Union's attorney, ordinarily practice in Washington, D.C.[3] Id. at 16-17. This evidence included declarations from the Union's attorney and two other attorneys with employment law practices in the Washington, D.C. area, a copy of the Laffey matrix and the retainer agreement.[4] The Arbitrator cited the retainer agreement, which states that the Union's attorney would request attorney fees at "prevailing market rates." Exceptions, Attach., Ex. 3, Retainer Agreement at 2 n.2. Based on these factors, the Arbitrator found that the requested $465 hourly rate was the prevailing market rate for attorneys who, like the Union's attorney, ordinarily practice in Washington, D.C. Fee Award at 16-17. Therefore, the Arbitrator found that the $465 hourly rate was reasonable. See id. at 17.
III. Positions of the Parties
A. Agency's Exceptions
The Agency claims that the Arbitrator's conclusion that the Agency "knew or should have known" is "based on non-fact, as it is undercut by the Arbitrator's own factual findings" in the Original Award that the grievant's conduct "was more than 'salty language'" and was "'too personal.'" Exceptions at 11-12 (quoting Original Award at 16).
Additionally, the Agency contends that the Fee Award is contrary to Authority and the Merit Systems Protection Board (MSPB) precedent because the Arbitrator erroneously found that the Agency knew or should have known that it would not prevail on the merits. Specifically, the Agency argues that it could not have anticipated that the Arbitrator would have viewed the grievant's offense as being less serious than the Agency viewed it. Exceptions at 12. In this connection, the Agency asserts that the table of penalties is an Agency regulation, and that the Agency expected the Arbitrator would defer to the Agency's interpretation of it. See id. at 12-13. Further, the Agency asserts that the Arbitrator erroneously relied on the Agency's alleged disparate treatment, despite the fact that the Arbitrator acknowledged that the Agency could not have known about it. Id. at 11.
The Agency also contends that the awarded $465 hourly rate is contrary to law, arguing that the Union's attorney should be paid at the $330 hourly rate in the retainer agreement, and that the $465 hourly rate results in a "prohibited windfall" to the Union's attorney. Id. at 7.
Moreover, the Agency asserts that the number of hours awarded is contrary to law because the number of hours billed was "exorbitant" and ran "contrary to the 'billing judgment'" that the Agency claims is required of a fee request. Id. at 8-9. In this connection, the Agency contends that: (1) the number of hours was "unnecessary for an experienced litigator[;]" (2) the fees were "excessive" because they charged "partner rates for things like 'proof reading' and reading and responding to logistical/administrative emails[;]" and (3) "a substantial number of hours must be billed at a 'clerical' rate." Id. at 8, 10.
Finally, the Agency claims that the Arbitrator's awarding of fees for copying and transcription costs is contrary to law. Id. at 7-8.
B. Union's Opposition
The Union alleges that the exceptions should be dismissed as interlocutory because the Arbitrator "has not yet ruled on the pending motion for enforcement" of the Original Award, and because it is likely the Union will file an additional attorney-fee request. Opp'n at 4-5. On the merits, the Union argues that the Arbitrator did not err by finding that the Agency knew or should have known that it would not prevail on the merits. Id. at 11. With regard to the hourly rate, the Union asserts that the "relevant community for the purposes of determining the appropriate market rate for attorney fees is the community in which the attorney ordinarily practices[,]" Washington, D.C., and, as such, the $465 hourly rate is appropriate. Id. at 7. As to photocopying and transcription costs, the Union argues that "it must [be] presumed that the amount finally approved did not include [those] costs[,]" or, if it does, then the Authority should either find the amount to be "de minimis" or direct the Arbitrator to clarify the Fee Award on remand. Id. at 8, 9 n.8.
IV. Analysis and Conclusions
A. Preliminary Matters
As noted above, the Union argues in its opposition that the Agency's exceptions are interlocutory. Opp'n at 4-5. In response, the Agency moved for permission to submit a supplemental submission, see Agency Motion, and attached a supplemental submission to the Agency Motion (Agency Submission). In the Agency Motion, the Agency requests an opportunity to respond to the Union's argument that the Agency exceptions are interlocutory. Agency Motion at 2. In the Agency Submission, the Agency argues that its exceptions are not interlocutory because the Fee Award is final. See Agency Submission at 1-3.
Subsequently, the Union submitted a Union Motion to Strike. There, the Union argues that the Agency Motion should be denied because the Union did not raise a new issue when it asserted in its opposition that the Agency's exceptions are interlocutory. See Union Motion to Strike at 1-2. In addition, the Union claims that the Agency Submission should be stricken because it refers to arguments that pertain to a withdrawn filing, the Union Motion for Clarification. See id. The Agency then responded to the Union Motion to Strike, arguing that the Union Motion to Strike is baseless. See Agency Response at 1.
1. Consideration of the Supplemental Submissions
Section 2429.26 of the Authority's Regulations provides that the Authority may, in its discretion, grant leave to file "other documents" as deemed appropriate. Cong. Research Employees Ass'n, IFPTE, Local 75, 59 FLRA 994, 999 (2004). The Authority has granted such leave where, for example, the supplemental submission responds to arguments raised for the first time in an opposing party's filing. See id. Although the Union asserts that the Agency should have known that its exceptions would be "premature[,]" Union Motion to Strike at 1, the Union does not claim, and the record does not indicate, that the Union had alleged, prior to the filing of its opposition, that the Agency exceptions are interlocutory. See id. at 1-2. Accordingly, we grant the Agency Motion and consider the Agency Submission.
As the Union Motion to Strike responds to the Agency Submission, we consider it as well. See NAGE, Local R3-77, 59 FLRA 937, 940 (2004), recons. den. 60 FLRA 258 (2004) (party's response to opponent's supplemental submission considered). Additionally, we grant the Union Motion to Strike insofar as it removes from consideration the Agency's arguments that pertain to the withdrawn Union Motion for Clarification. Cf. AFGE, Council 236, 56 FLRA 136, 137 n.3 (2000) (Authority did not address agency's withdrawn assertion). Finally, we do not consider the Revised Exceptions, because the Agency did not request leave under § 2429.26 to file that supplemental submission. See AFGE, Local 2145, 63 FLRA 78, 79 n.3 (2009) (refusing to consider revised exceptions).
2. The exceptions are not interlocutory.
Section 2429.11 of the Authority's Regulations provides: "[T]he Authority . . . ordinarily will not consider interlocutory appeals." In arbitration cases, this means that the Authority normally will not resolve exceptions filed to an arbitration award unless the award constitutes a complete resolution of all issues submitted to arbitration. U.S. Dep't of Veterans Affairs, W. N.Y. Healthcare Sys., Buffalo, N.Y., 61 FLRA 173, 174 (2005). An award that postpones the determination of a submitted issue does not constitute a final award. AFGE, Local 12, 38 FLRA 1240, 1246 (1990).
Here, the Union claims that the exceptions are interlocutory because the Arbitrator "has not yet ruled on the . . . motion for enforcement of" the Original Award. Opp'n at 4-5. However, the Union does not claim, and there is no basis in the record for finding, that the award at issue here -- the Fee Award -- is not final. Therefore, we find that the exceptions are not interlocutory.
B. The Fee Award is not based on a nonfact.
To establish that an award is based on a nonfact, the appealing party must show that a central fact underlying the award is clearly erroneous, but for which the arbitrator would have reached a different result. See NFFE, Local 1984, 56 FLRA 38, 41 (2000). However, the Authority will not find an award deficient on the basis of an arbitrator's determination of any factual matter that the parties disputed at arbitration. See id.
Here, the Agency claims that the Arbitrator's conclusion that the Agency "knew or should have known" that it would not prevail on the merits is "based on non-fact, as it is undercut by the Arbitrator's own factual findings" in the Original Award that the grievant's conduct was "more than 'salty language'" and was "'too personal.'"
Exceptions at 11-12 (quoting Original Award at 16). Although the Agency claims that the Arbitrator's conclusion is "undercut" by his factual findings, Exceptions at 11, the Agency does not demonstrate that his conclusion, or his characterization of the grievant's statements, is a central fact underlying the Fee Award that is clearly erroneous, but for which the Arbitrator would have reached a different result. As such, the Agency has failed to demonstrate that the Fee Award is based on a nonfact, and we deny the exception.
C. The Fee Award is contrary to law in part.
When an exception involves an award's consistency with law, the Authority reviews any question of law raised by the exception and the award de novo. See NTEU, Chapter 24, 50 FLRA 330, 332 (1995) (citing U.S. Customs Serv. v. FLRA, 43 F.3d 682, 686-87 (D.C. Cir. 1994)). In applying the standard of de novo review, the Authority assesses whether an arbitrator's legal conclusions are consistent with the applicable standard of law. See U.S. DOD, Dep'ts of the Army & the Air Force, Ala. Nat'l Guard, Northport, Ala., 55 FLRA 37, 40 (1998). In making that assessment, the Authority defers to the arbitrator's underlying factual findings. See id.
The threshold requirement for entitlement to attorney fees under the Back Pay Act, 5 U.S.C. § 5596, is a finding that the grievant was affected by an unjustified or unwarranted personnel action that resulted in the withdrawal or reduction of the grievant's pay, allowances, or differentials. See U.S. DOD, Def. Distrib. Region E., New Cumberland, Pa., 51 FLRA 155, 158 (1995) (Def. Distrib.). The Back Pay Act further requires that an award of fees must be: (1) in conjunction with an award of backpay to the grievant on correction of the personnel action; (2) reasonable and related to the personnel action; and (3) in accordance with the standards established under 5 U.S.C. § 7701(g)(1)). See id. Section 7701(g)(1) requires that: (1) the employee must be the prevailing party; (2) the award of fees must be warranted in the interest of justice; (3) the amount of the fees must be reasonable; and (4) the fees must have been incurred by the employee. See id. The standards established under § 7701(g) require a fully articulated, reasoned decision setting forth the arbitrator's specific findings supporting the determination on each pertinent statutory requirement, including the basis on which the reasonableness of the amount was determined when fees are awarded. Id. When exceptions concern the standards established under § 7701(g), the Authority looks for guidance to precedent of the MSPB and the United States Court of Appeals for the Federal Circuit. AFGE, Local 1061, 63 FLRA 317, 319 (2009).
The requirements in dispute here are that the award of fees be in the interest of justice and that the amount of the fees be reasonable. Accordingly, we address only those requirements. See NAGE, Local R5-188, 46 FLRA 458, 465 (1992) (addressing the issues raised by excepting party).
1. Interest of Justice
As relevant here, an award of attorney fees is warranted in the interest of justice where an agency "knew or should have known that it would not prevail on the merits when it brought the proceeding." Allen, 2 M.S.P.R. at 435. It is well-settled that the penalty imposed by an agency is an aspect of the merits of an agency's case. See U.S. GSA, Ne. & Caribbean Region, N.Y., N.Y., 61 FLRA 68, 70 (2005) (GSA). Thus, attorney fees are warranted in the interest of justice if an agency knew or should have known that its choice of penalty would be reversed. Id. at 70.
A determination that an agency knew or should have known that it would not prevail on the merits "requires evaluation of the nature and weight of the evidence available to the agency at the time of its disputed action." Laborers' Int'l Union of N. Am., Local 1376, 54 FLRA 700, 703 (1998). Specifically, it "requires an arbitrator to determine the reasonableness of an agency's actions and positions in light of what information was available to it in the case." Id. For example, the Authority has upheld an arbitrator's finding that an agency knew or should have known that it would not prevail on the merits when the agency conducted its investigation negligently and failed to consider mitigating circumstances. See GSA, 61 FLRA at 70-71. In this regard, an arbitrator's assessment of whether an agency "knew or should have known" it would not prevail is primarily factual because "the arbitrator evaluates the evidence and the agency's handling of the evidence." Id. Consequently, when the factual findings support the arbitrator's legal conclusion, the Authority will deny exceptions to the arbitrator's determination. Id.
Here, the Arbitrator found that: (1) the Agency relied on the wrong category of offenses in its table of penalties when it selected a penalty; (2) the Agency's reliance on the wrong category was a "mistake [that] was avoidable based on the evidence the Agency had before it when it made its decision[;]" (3) the Agency failed to consider "mitigating factors" such as an Agency witness' regret reporting the grievant's statement and that he was pressured to report it; and (4) the Agency failed to justify its enhancement of the penalty by failing to demonstrate that the grievant had a record of prior discipline. Fee Award at 13-14. These factual findings support the Arbitrator's conclusion that the Agency knew or should have known that it would not prevail on the merits. See GSA, 61 FLRA at 70-71. Contrary to the Agency's assertion, the Arbitrator did not rely on the Agency's disparate treatment to reach his conclusion. Fee Award at 14.
Finally, the Agency asserts that the Arbitrator failed to account for the Agency's expectation that the Arbitrator would defer to the Agency's interpretation of its table of penalties, which the Agency claims is an Agency regulation. Even assuming, without deciding, that the table of penalties is an Agency regulation, the parties' agreement governed the dispute, as both applied. See U.S. Dep't of Transp., FAA, Mike Monroney Aeronautical Ctr., 58 FLRA 462, 464 (2003) (Chairman Cabaniss concurring). Thus, the Agency had no reasonable basis to expect that, if challenged, its interpretation of the table of penalties would be given deference by, or result in the Agency prevailing before, an arbitrator.[5]
For the foregoing reasons, we deny this exception.
2. Reasonableness of Fees
The computation of a reasonable attorney fee award "begins with an analysis of two objective variables: The attorney's customary billing rate; and the number of hours reasonably devoted to the case." Stewart v. Dep't of the Army, 102 M.S.P.R. 656, 662 (2006). See also Dep't of the Air Force Headquarters, 832d Combat Support Group DPCE, Luke Air Force Base, Ariz., 32 FLRA 1084, 1100 (1988) (Luke Air Force Base). We address these two variables separately below.
i. Reasonableness of Rate
With regard to the Agency's exception as to the claimed hourly rate, there is a presumption that an agreed-upon fee between client and counsel is the "maximum reasonable fee which may be awarded absent clear evidence to the contrary." Fort McClellan Educ. Ass'n, 56 FLRA 644, 645 (2000) (Fort McClellan) (quoting Luke Air Force Base, 32 FLRA at 1108). This presumption is "rebuttable by convincing evidence that the counsel's customary rate for similar work is higher and either that the agreed-upon rate was not based on marketplace considerations or was provided only because of the client's inability to pay." Fort McClellan, 56 FLRA at 645-46 (citing Gensburg v. Dep't of Veterans Affairs, 85 M.S.P.R. 198, 206 (2000) (Gensburg)). Affidavits stating the prevailing rate in the community do not demonstrate that an hourly rate that is higher than the hourly rate in a fee agreement is reasonable. Kennard v. Dep't of Def., 33 M.S.P.R. 231, 236 (1987) (Kennard).
As noted by the Arbitrator, the retainer agreement in this case sets forth a billing rate of $330 per hour, but also states:
These billing rates [$330 an hour] are at or below the "prevailing market rates, . . . charged in this legal community. In this legal market, it is the usual and customary practice for law firms like mine to ordinarily charge clients at reduced hourly rates to reflect non-economic goals . . . . Thereafter, if and when we are in a position to seek recovery of legal fees, we apply for such fees . . . at the highest allowable prevailing market rates.
Exceptions, Attach., Retainer Agreement at 2 n.2.
The Arbitrator found that the retainer agreement set forth a $330 hourly rate, and that the rate set forth in the retainer agreement is the "presumed reasonable rate[.]" Fee Award at 16-17. The Arbitrator then determined that the Union's attorney rebutted this presumption by showing that the requested $465 hourly rate was consistent with the prevailing rate for Washington, D.C.-based attorneys. On this basis, the Arbitrator concluded that the $465 hourly rate was reasonable. See id. at 17.
In concluding that the $465 hourly rate is reasonable, the Arbitrator did not find, and the record does not indicate, that the Union's attorney charged a rate higher than the $330 hourly rate listed in the retainer agreement for similar work. As Authority and MSPB precedent require such a finding to rebut the presumption that the fee listed in the retainer agreement is the maximum reasonable fee, the Arbitrator's conclusion that the $465 hourly rate is reasonable is inconsistent with Authority and MSPB precedent. See Fort McClellan, 56 FLRA at 645; Gensburg, 85 M.S.P.R. at 206. Further, declarations from the Union's attorney and two other attorneys with employment law practices in the Washington, D.C. area, that the $465 hourly rate is consistent with the prevailing market rate, do not establish that the Union's attorney is entitled to receive an hourly rate higher than the rate listed in the retainer agreement. See Kennard, 33 M.S.P.R. at 236.
As the Union's attorney did not demonstrate, and the record does not indicate, that the $465 hourly rate is reasonable, we find that the Arbitrator's conclusion, that the $465 hourly rate is reasonable, is contrary to law. As such, we modify the amount of the Fee Award to reflect a $330 hourly rate.
ii. Reasonableness of Hours
The Authority requires that fee requests "be closely examined to ensure that the number of hours expended was reasonable[,]" because "the number of hours expended are not necessarily those 'reasonably expended.'" U.S. Dep't of Def., Def. Fin. & Accounting Serv., 60 FLRA 281, 286 (2004) (quoting Luke Air Force Base, 32 FLRA at 1101). Additionally, an arbitrator must support his or her determination as to the reasonableness of a fee request. See Def. Distrib., 51 FLRA at 158.
The standard of review as to the reasonableness of the number of hours awarded is deferential. In this connection, the MSPB has stated that the fact-finder is "in the best position to determine whether the number of hours expended is reasonable[.]" McKenna v. Dep't of Navy, 108 M.S.P.R. 404, 411 (2008). "[A]bsent a specific showing that the [fact-finder's] evaluation was incorrect," the fact-finder's evaluation will not be second-guessed. Id. at 411. Consistent with this approach, the Authority has rejected an agency's "unsupported" exception to the number of hours that an arbitrator awarded a union attorney. U.S. Dep't of Def., Educ. Activity, Arlington, Va., 57 FLRA 23, 26 (2001) (Chairman Cabaniss concurring in part and dissenting in part).
Here, the Agency does not claim, and there is no basis in the record to find, that the Arbitrator's conclusion is contrary to the requirements of the above-cited precedent. Specifically, the Arbitrator closely examined the request to ensure that the number of hours expended were reasonable and supported his determination as to the reasonableness of the fee request. See Fee Award at 17-18. The Agency's claim that the Arbitrator dismissed its concerns regarding "proportionality or time spent[,]" Exceptions at 9, or its claim that many of the hours should be billed at a clerical rate, id. at 10, does not indicate that the Arbitrator's conclusion is inconsistent with Authority precedent. Further, in view of the fact that the Arbitrator reduced the hours requested by fifty percent, the Agency's claim that the hours requested were "unnecessary" does not demonstrate that the Fee Award is contrary to law.
With regard to the Agency's argument that the Fee Award is disproportionate to the amount of backpay, the Agency concedes that this consideration is merely one "factor[] relevant to the determination of a fee award[,]" and does not explain why, applied here, this one factor renders the Fee Award deficient. Id. at 9 (emphasis added). This is consistent with Supreme Court precedent holding that, with regard to another federal fee-shifting statute, the amount of damages recovered, while relevant to the amount of attorney fees to be awarded, is "only one of many factors that a court should consider in calculating an award of attorney's fees." City of Riverside v. Rivera, 477 U.S. 561, 574 (1986) (plurality) (Rivera). Rivera applies here. See City of Burlington v. Dague, 505 U.S. 557, 562 (1992) (Supreme Court's case law construing what is a "reasonable" fee applies uniformly to all federal fee-shifting statutes). As such, we find that the Agency has failed to show that the Fee Award is deficient on this ground.
Based on the foregoing, we find that the Agency has not demonstrated that the number of hours the Arbitrator awarded renders the amount of the Fee Award unreasonable.
3. Photocopying and Transcription Costs
It is well settled that taxable costs such as photocopying and transcription costs may not be awarded under § 7701(g)(1). E.g., SSA, Dep't of HHS v. Balaban, 33 M.S.P.R. 309, 323-24 (1987) (citing Koch v. Dep't of Commerce, 19 M.S.P.R. 219, 221-22 (1984)). Here, the Arbitrator awarded one-half of the entire amount listed in the billing record, even though it included costs for photocopies and transcripts. See Fee Award at 15, 19; Exceptions, Attach., Ex. 3, May 26, 2009 Billing Record. There is no evidence that, in reducing the amount of the entire Fee Award by half, he intended to exclude any specific items such as photocopies or transcripts. Thus, we modify the amount of the Fee Award to exclude any costs granted for these items.
V. Decision
The Fee Award is modified to reflect a $330 hourly rate and to exclude any costs granted for photocopies and transcripts, and the remaining exceptions are denied.
[1] In addition, the Agency moved for leave to file a response to the Union's opposition (Agency Motion), and filed a supplemental submission (Agency Submission). The Union moved to strike the Agency Submission (Union Motion to Strike), and the Agency filed another supplemental submission in response (Agency Response). Additionally, the Agency submitted a revised version of the exceptions (Revised Exceptions) to correct typographical errors in the Exceptions. These filings are discussed further below.
[2] We note that the Arbitrator found that the Agency had failed to penalize another employee who had committed a similar offense. Original Award at 19. However, the Arbitrator determined that, as there was insufficient evidence to indicate that the Agency official who imposed the penalty on the grievant knew about the Agency's handling of the other employee's misconduct, this failure did not support a conclusion that the Agency knew or should have known that it would not prevail on the merits. See Fee Award at 14-15.
[3] The record indicates that the Union's attorney sought to charge a $440 hourly rate from June 1, 2007 through May 31, 2008, and a $465 hourly rate from June 1, 2008 through May 31, 2009. See Exceptions, Attach., Ex. 3, May 12, 2009 Decl. Additionally, we note that at one point, the Arbitrator refers to the rate of "$440/$460[,]" but this appears to be a typographical error. Fee Award at 17.
[4] The Laffey matrix is a document prepared by the United States Attorney's Office for the District of Columbia reflecting prevailing market rates for attorneys in Washington, D.C. SeeU.S. Dep't of the Treasury, IRS, 48 FLRA 931, 932 n.* (1993).
[5] To the extent that the Agency's argument constitutes a contrary-to-law exception to the Arbitrator's reduction of the penalty in the Original Award, dated April 29, 2009, the exception, filed December 21, 2009, was untimely, as it was filed long past the thirty-day deadline under § 7122(b) of the Statute and 5 C.F.R. § 2425.1(b) of the Authority's Regulations.


text:
Over Christmas Break, we braved the snowy roads to drive to Utah, where we met up with my parents, Aunt Ninnie, Uncle Andrew, Aunt Lenora, and cousin Henry! It was a blast! I have a lot of other posts to catch up on all the fun we had, but had to start with what was the absolute highlight for J and M - visiting BYU! Talk about a blast from the past. Coop and I haven't been back to Utah since he graduated nearly 10 years ago. It was so weird! We were too old to be students but too young to have kids there. Just kinda some weird old wanna-bes! Ha! But It was super cool getting to show them around to our old haunts.
We ate in the Wilk, then again at the Creamery, walked all around, played with the Eyring Science Center's cool gadgets, enjoyed Minerva Teichert's collected in the JSB, bought t-shirts (thanks Nana and Bopa!) and remembered the "good, ol' days" when we talked about getting married right there on that piece of grass. The kids enjoyed it way more than we would've ever thought!

subset: commoncrawl


text: The USD/CAD pair fell during the day on Monday, and fairly light trading. After all, the Americans were celebrating Independence Day, which of course ways upon liquidity. The amount of money coming out of the United States into this pair on a daily basis accounts for a large percentage of the volume, so at this point in time I don't read much into this chart. I do recognize though that we are certainly within the middle of the range overall, so I don't really have any interest in trading this market in this area.


text:
We are about a month and change until the 2015 Sprint All-Star Race at Charlotte Motor Speedway but in the meantime, you can help decide one of the paint schemes. As part of the celebration of 25 years that Miller Brewing Company has sponsored Team Penske in NASCAR, you can choose between three paint schemes for Brad Keselowski to run next month. Let's take a look.
Click on each image for a bigger view
You can vote for your favorite scheme at CheersTo25Years.NASCAR.com. Considering my first favorite NASCAR driver was Rusty Wallace, I would vote for "The Original."


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The 28th May 2016 represents a turning point in the history of Orienteering in Central American and Caribbean region. After several years of preparation, the Central America and Caribbean Orienteering Confederation was founded by Guatemala, Costa Rica, Dominican Republic, Haiti and Belize. Elected for a period of two years, the Board of Directors of this new organ has in the Guatemalan Alby Aguilar its first Secretary-General. It is she who tells us a beautiful story, born of the dreams of few and that longs to reach many, about spreading the sweet scent of Orienteering over this vast region of the globe.
Born in Guatemala City where she lives, Alby Aguilar encountered Orienteering in Cuba nearly a decade ago, at a time when she was studying Physical Education at the famous EIEFD, the International School of Sports and Physical Education. Since then she has been caught up in this magical web, fascinated by the appeal of the deep forest and at one with the orienteers' respect for nature. Through mixing with students from over 80 countries, Alby began gradually to firm up a dream: to unite the efforts of her colleagues at EIEFD and disseminate Orienteering throughout Central America and the Caribbean.
The foundation of the Confederation on 28th May is no more than to realise a dream. In personal terms, "it is the materialisation of my promise to promote Orienteering in all countries of our region," says Alby Aguilar. She adds: "Cuba has been a member of the International Orienteering Federation since 1978. More than thirty years later, all countries of the Caribbean and Central America are now being asked to join in, helping Orienteering to grow. No country should stay out!" she claims.
A hard task in front of her
Alby Aguilar has now assumed the responsibility to manage the project for the next two years. The Spanish Orienteering Federation, through José Angel Nieto Poblete, has been undertaking a great deal of preparatory work for over five years now. Alby recognizes this important support: "We have to thank José Angel Nieto Poblete as the mentor for this initiative, making it possible to carry forward the founding of the Confederation. We would like also to extend our gratitude to the Spanish Orienteering Federation for the way it has been working on the promotion and development of Orienteering in several countries of the region."
Conscious of the realities in this region, Alby Aguilar is well aware of the hard task that she has just embraced. "The reception and support provided to Orienteering varies widely from country to country, and has mostly to do with each country's sports policies", says Alby Aguilar. She bemoans the difficulty of making contact with the real decision-making centres, and denounces the circuitous pathways that lead to having to work at different speeds in every country. "Despite being a sport that has been practised in the region for several decades, the truth is that its promotion has never been particularly effective and hence there has been a low level of development," Alby concludes, referring to the major difficulties that the project faces.
Please help us!
In addition to Cuba, there are other member countries of the IOF in the region, such as Barbados, Colombia and the newly incorporated Dominican Republic. Although not members of the IOF, Belize, Costa Rica, Haiti, Guatemala and Mexico are developing countries that will find here a real launching pad for higher flights. It is in these and other countries that Alby Aguilar will invest her efforts, assisted by the Delegate of the Confederation, Yohalis Acosta Albino from the Dominican Republic. They hope to add more countries to the group of five founding countries already by the 2nd Congress, to be held in 2018 in Costa Rica.
One of the newly created Confederation's dreams relates to the possibility of seeing Orienteering being accepted as one of the sports included in the Central American and Caribbean Games in Cartagena in 2018. This is a multi-sport event that has taken place since 1926, and is held every four years; it is the oldest regional event in the world, recognised by the International Olympic Committee since 1950. "We ask for help from the IOF in joining us on this project, supporting our efforts to see Orienteering in the Games and thus taking the development of Orienteering further, in line with the IOF's mission and its own goals", tells Alby Aguilar.
Text: Joaquim Margarido
[See the original article at http://orienteering.org/central-america-and-the-carribean-a-new-confederation-is-born/. Published with permission from the International Orienteering Federation]


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Business - Written by Denis Hancock on Monday, November 23, 2009 16:59 - 7 Comments
Twitter popularity: follower vs. list counts
Follower counts have long provided a decent indicator of a Twitter account's popularity – though they are relatively easily gamed if you put your mind to it. In October, Twitter launched Lists – "A great way to organize the people you follow and discover new and interesting accounts." In short, twitter users can make any type of list they want (funny, smart, brands, etc.), and identify accounts they find interesting under each header.
This is obviously another indicator of popularity – the more lists you are on, the more popular you probably are. In turn, one would guess that in most cases there is a high correlation between how many followers an account has, and how many lists they are on. While I don't have the numbers to back it up, overall I think this is generally true. But I found one particularly interesting anomaly that I wanted to highlight.
The bio for @Agent_M is "editor for Marvel.com. Writer, blogger, loves tacos, tattoos, comics…". The bio for @Marvel is "the official Twitter for Marvel Comics, Movies, Games and More." So one account is thoughts from a Marvel editor, while the other is generally content from Marvel itself. Here are the relevant follower and list numbers (as of last week):
@Agent_M: 1.4 million followers, 1,234 lists
@Marvel: 43,000 followers, 1,467 lists
So if you look at straight follower counts, @Agent_M (the editor) is roughly 30 times more popular than @Marvel – an interesting story unto itself. But if you look at the number of times listed, @Marvel is actually a bit more popular. Looking at it another way, divide lists Marvel is on by total followers you get 3.4%; for Agent_M you get 0.1%.
That's a huge difference. The question I have for Wikinomics readers is why is that – and what does it mean?
7 Comments
I'm confused as to why you correlate popularity with the number of lists a twitter account is on. Personally, I add every new Twitter account that I follow to a particular list, for organization's sake only. So whether or not a user adds another's account to a list cannot be directly correlated to popularity. The point is someone is following a particular account, whether that person is organized or not lends nothing to said account's popularity.
I'm sure there are some people who have created lists and only placed their favorite accounts on those lists. Which means those accounts are more popular for that particular user, but how do you know if that was even the intention of the user in creating such a list. Perhaps a bulk of list users are only organizing their tweets, like me?
Interesting comment Jaclyn, but I believe the stats show that your comprehensive approach (adding everyone you follow to a list for organizational purposes) is a rarity – and supports my point.
Going to the extreme case, let's say everyone was adding everyone they followed to a list for organizational purposes. Since Agent_M has roughly 1.4 million followers, he'd appear on 1.4 million lists; Marvel would appear on about 43,000 for the same reason. So there would be a perfect correlation between the number of followers, and number of lists you are on.
But as the numbers indicate, only a small percentages of people that follow each account are adding them to a list they create. In this case, if you assume everyone that adds an account to a list is already following that it, 3.4% of Marvel followers have placed them into a list; only 0.1% of Agent_M's followers have. There must be a reason for that difference.
One possibility, tied to your note, is that perhaps – for whatever reason – people that follow Marvel are more interested in organization than people that follow Agent_M. But I can't think of an explanation for why that would be.
A more likely one might be that @Marvel is easier to classify. If you look at the lists it is on, words like "comics" and "entertainment" appear regularly. Agent_M might simply be harder to classify.
My current list of hypotheses includes that, perhaps, a higher proportion of @Marvel followers are ACTUALLY paying attention to what the account offers up.
But I think popularity plays an important part here. Given that it appears most people have far less people in their lists than they follow, one could assume they're choosing their particular favorites based on various interests. Whether or not you cross that threshold is likely to have a popularity component – akin to a best friends vs. friends thing, or strong ties vs. weak ties.
I think it's important to realize how huge Twitter is if you put it in a marketing context. As a tool for finding and evaluating opinion leader and formers it's just fantastic. Yesterday I found a excellent program that lets you analyze Twitter users in a way that blows my mind if you go through all the options.
Its called http://www.twitteranalyzer.com and its awesome, go in to the page and add a persons TwitterID that you know has a lot of followers… not some Hollywood celeb… but someone that in the game! Like dtapscott or BrianSolis and go through all the different categories. But what you see into a marketing context and you will be amazed…. Twitter ambassador marketing will be the next huge thing, at least according to me!
The cool thing today is that all different parts of society has one of these influencers, if you have their name Google it and find their Twitter-ID and the fun begins…
If you would like to read more of my thought I have a blog http://theonlyconstant.se/ it is in Swedish (some posts in English) but Google translate is your friend… I'm also currently trying to make up time to mirror-write in English
Happy thanks giving and pleas try the program, it's awesome!
- i just love to Twitter everyday with my friends. Twitter is much better than blogging in my opinion and it is very addictive too.
Denis, please also note you may be put on a list and not followed. As a social media recruiter in the executive healthcare communications space, people may not follow my business twitter account directly (so their employer will not see they are following a recruiter) but they have added me to their lists and do RT.
How many do you think it matters popularity for a good positioning or rank on google ?
I also use many lists to categorize folks on twitter. I prefer this instead of following a mess of people and having a confusing, and unrelated, feed of random tweets. In fact, I follow very few people but have listed many. This is a great approach for the info junkie like myself.
Business - Oct 5, 2010 12:00 - 0 Comments
DRM and us
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Entertainment - Aug 3, 2010 13:14 - 2 Comments
Want to see the future? Look to the games
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Society - Aug 6, 2010 8:19 - 4 Comments
The Empire strikes a light
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Bump Femme Fatale Freestyle, the latest cut from Mac Miller. It dropped on Thursday, August 25th, 2011. Mac Miller's horizons are broadening with each new release, and Femme Fatale Freestyle is no exception. It's a worthy addition to a catalogue that has seen much growth since Mac Miller stepped foot in the rap game. We're looking forward to hearing more.
Have you heard Mac Miller's Cold Feet? If you dig this, visit Mac Miller's profile for the latest info, news, songs, and mixtapes. Check out Mac Miller's Facebook and Twitter.
What do y'all think of this joint?


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Dresses Directory
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This is my first non cricket article.This article has been long time pending as I wanted to write this since I came back from my visit to India in February. I came to US to do my masters in 2003 and did not go back to India till the end of 2006. When I visited India in December of 2006, I was totally surprised with what I saw there. There was a huge cultural change since I left the country for studies in 2003. For the first time, I felt like an outsider in my own country. The outlook of the people had changed, the use of technology was enormous and the people were moving towards the mechanical life as we see here in America.
Before my visit to India last year I was hoping to meet my friends and relatives after four long years. When I eventually reached there the situation was completely different, No one had much time for me and I actually struggled to meet most of them. This is due to no fault of theirs though as all of them were busy with their hectic schedules. The other noticeable change I observed was the use of mobile phones in India. I have never seen mobile phones put to so much use anywhere as it is done in India. People keep receiving messages from their friends or just some forwarded jokes like every other minute. I was just fascinated by the same.
There are lots of new food chains, similar to what we have in the US and the spending limit of people in city has increased enormously. Couple of times when I was in some stores I was stunned with the ease with which people in India pay bills in thousands of rupees. This is obviously a good sign as it shows that the standard of living at least of the people living in the cities has increased. It was also great to see those huge malls and theaters similar to the ones in the US, where people can come in to watch movies, have food and also do some shopping all under the same roof. Even though the traffic still remained the same or to be frank had increased a little bit with more vehicles on the road and most of the times out of control. The traffic in Bangalore and Hyderabad were the worst and Chennai was just better in comparison.
My observations were only based on the cities I had visited during my stay in India and to be frank I liked what I saw in terms of infrastructure and the different mind set of the people. Even though there has been lots of changes in the last few years (mostly for the good), I still don't know whether this can be termed as the overall growth of the country in itself. There were lots of things which still remained the same, such as kids running out of their huts when a train passes by. There are lots of people just in Chennai, who have to vacate their huts or houses if there is a cyclone. Kids in India still don't have their basic necessities. When I was traveling to a temple via train, I was very disturbed to see so many kids who don't even have proper clothes to wear, who can't go to school and who don't get proper food to eat. When I see such things it makes me respect my parents more as it's because of them I am in a good situation.
I had a great childhood, great education, traveled abroad for studies and currently by god's grace in a decent job. This is a great gift when you consider there are so many kids in India who don't even have the basic necessities in life. Most of them have to work to even have some food everyday. When I was looking at these kids during my visit, I just told myself that I need to do something which will bring some change in the life of at least one of them. I told myself that I am lucky to be in this situation and it would be great if I can do something to bring a difference in someone's life. I came back to US and the first thing I did was to find a trustworthy organization and decided to sponsor a kid for education, food and all other basic necessities. This is my first step towards giving something back to a country which has given me so much. We know that we cannot change the politicians or the government in India but what we can do is to make sure that we contribute in whatever way we can to make life better for these kids.


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a really big catastrophe or total clusterfuck; can also be used facetiously when someone is overreacting to an event that isn't really a big deal
ugh, I just sat in traffic for 3 hours because they're doing construction in the middle of rush hour. what a pigtastrophe!
by rational narcissist February 24, 2011
A really big catastrophe. Often used facetiously, but can applied to any type of disaster, fiasco or clusterfuck.
Alas! We're lost in the middle of nowhere - what a pigtastrophe!
by fanfreluche February 14, 2011
buy the domain for your diy site


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There's no holiday cheer in the air
If you plan on traveling this holiday season to visit relatives or simply witness the change of seasons, make sure you pack an extra helping of patience and holiday cheer before hopping a flight from Miami International, or any other major metropolitan airport for that matter. The process is more cumbersome , tedious and downright annoying than ever.
Miami's airport, unquestionably, has made some significant aesthetic alterations in the last few years. It no longer looks like a suburban bowling alley from 1974. However, it is still plagued by service, logistical and functionality issues.
Many Miamians have given up on ol' MIA as most natives refer to it (usually preceded or followed by a few choice expletives) and book flights out of neighboring airports, mainly Fort Lauderdale. Being a true-blue Miami faithful and a bit of a masochist, I have stuck it out through thick and thin with the hometown airport. And yet in the many decades of flying out of Miami International, I still can't figure out the lettering system of the parking lot and how the parking garages relate to the particular airline I'm using — which means that I end up lugging my bags across the entire terminal to reach my carrier.
I have noticed slightly better customer service and employee disposition at MIA, though communication can still be an issue. If you happen to find someone who speaks English or a facsimile thereof, the answers are still monosyllabic and vague. "Where is Terminal 2?" you ask. "Over there" — as they flail their arm in a general direction — is a common response.
I'm also taken by the amount of money that airlines spend on commercial campaigns. Some of their TV spots are quite inspirational — and a classic example of bait and switch. The budgets for the glitzy ads undoubtedly are astronomical — completely out of proportion to the money spent to make travelers' experience smooth and pleasant. I'm puzzled by commercials that feature different employees of an airline explaining how glad they are "to have your business" and how "wonderful" your experience is going to be. Somehow, I never manage to get any of those gleeful employees servicing my flights. Instead, I usually draw some grumpy representatives and flight attendants who seem tired and frazzled.
This past week, I flew to Los Angeles. The plane was small and cramped, which made the transcontinental flight uncomfortable enough. But to add insult to injury, the flight was ipoorly stocked with food and beverages, and the general attitude of the crew was surly — including the captain who was reluctant to explain in his muffled messages why we waited half an hour at the gate before taking off.
Given the steep price we pay for a seat, I'm still perplexed as to why I'm being served a third of a can of Diet Coke in a cup of ice. You'd think the high fare would entitle one to a full can.
If you are renting a car at your destination, take a moment to meditate and visualize the transaction going forth without a hitch. The transportation from the baggage claim to the rental car companies can be challenging in most airports. Signage is poor, and employees with pertinent information scarce. Upon returning the vehicle allow yourself extra time, because finding the rental car return center is a mission for James Bond.
An industry once known for its precision and timeliness has devolved into a discombobulated mess. This holiday travel season, remember to smile, breathe deeply and give yourself ample time.


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Guest Register Books!
This is a great information management system. Provides detailed information on each prospect with a plan of action section for future follow up.
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3-part, (2¾" x 8⅛") carbonless - White, Canary, Heavy White stock.
Prints in Black ink.
Four guests per page.
Consecutively numbered in Red, no selection of starting number.
Packaged 1 book
Note: Quantity discounts will be calculated when our sales associate processes your order and will reflect on your final invoice.
Thanks for using SDW for your Auto Dealer Supplies, Marketing Materials, Balloons, Banners, Drop Boxes, Flags, Forms & Folders, Hang Tags, Key Tags, As Is Buyers Guides, License Plate Frames, License Plates, Windshield Numbers and all your Dealer Products.


text: PGI installer ISO image (BETA) for woody now available – Debian Planet News for Debian. Stuff that *really* matters home | archives | news feeds | about | polls | search | sections | user account Debian These are important Debian sites one should not be without! Official Debian site Package search Mailing list archives Bug reports Debian on CD Debian Weekly News — excellent news source! Unofficial APT sources (apt-get.org) Developers' Corner Community Need help? You're not alone on this planet. debianHELP (User support site) Debian International DebianForum.de (Deutsch) DebianForum.dk (Dansk) EsDebian (Español) DebianWorld (Français) Debian-Fr (Français) MaximumDebian (Italiano) DebianUsers (Korean) Debian-BR (Português) DebianHOWTO (Deutsch) Contribute Got that latest or greatest scoop? Perhaps you have some important news for the Debian community? Submit a news item! Or perhaps you've written a rather ground breaking insight into some aspect of Debian and you feel compelled to share it with others? Knock up a longer editorial article and send it to the editors. General feedback should be sent to firstname.lastname@example.com IRC The place to get help on a Debian problem (after reading docs) or to just chat and chill is #debian on irc.oftc.net. Many of the Debian Planet staff live there so pop by and say hello. Debian Planet also has its own channel on the same network called #debianplanet. Sponsorship DP is sponsored by Xinit Systems. Domains paid for and hosted by uklinux.net. Buy your Debian merchandise at DebianShop.com. Donate Support Debian through Bytemark Hosting. At least £7 will be given for each new account Syndicate PGI installer ISO image (BETA) for woody now available Submitted by robster on Wednesday, June 19, 2002 – 22:28 In light of the imminent release of Debian 3.0 ("woody"),Progeny Linux Systems is making available to the public a BETAversion of a woody installer based on our PGI software. ISO images of this BETA installer are available at: http://archive.progeny.com/progeny/pgi/ Note that by default, this installer will download Debianpackages from the Debian mirror athttp://archive.progeny.com/.We encourage you to use a Debian mirror that is closer to you;please see the list at: http://www.debian.org/misc/README.mirrors We do *not* recommend using the round-robin DNS mirrors (suchas http.us.debian.org), because debootstrap may download thePackages.gz file from one mirror, but the packages themselvesfrom several others, and the mirrors may not be in sync. Thisdesynchronization can cause debootstrap to fail. (Ideally,woody is static enough that this isn't a problem, but just tobe on the safe side we recommend picking one mirror by name andsticking with it.) You can specify the desired mirror as follows: 1) On IA-32 (i386) systems, supply the MIRROR argument to the"install" command at the syslinux program's "boot:" prompt. For example: boot: install MIRROR=http://raff.debian.org/debian/ 2) On IA-64 (ia64) systems, supply the MIRROR argument to the"elilo" command at the EFI shell when you are using the driveletter corresponding to your CD/DVD-ROM drive. For example: fs2:/> elilo install MIRROR=http://raff.debian.org/debian/ Note that this is a network-based installer; it retrieves *all*Debian packages from the Web, and is not a suitableinstallation method for machines behind a firewall with no HTTPaccess, or for machines with network connection at all. You may be familiar with PGI from several discussion threadshere as well as its website: http://hackers.progeny.com/pgi/ PGI is a multi-architecture graphical and text-mode installerfor Debian. This BETA is available for the Intel IA-32 (a.k.a."i386") and IA-64 platforms. PGI is descended from the installer used by Progeny Debian 1.0("newton"), which got very positive reviews for its easyinterface. PGI is even more robust than its predecessor inProgeny Debian. Please send feedback on this BETA email@example.com. Please do *not* send feedbackto debian-devel unless the issue is germane to general Debianissues. Category: News Control panel Comment viewing options:Flat list – collapsedFlat list – expandedThreaded list – collapsedThreaded list – expanded Date – newest firstDate – oldest first Select your prefered way to display the comments and click 'Update settings' to activate your changes. Subject: Re: PGI installer ISO image (BETA) for woody now available Author: Overfiend Date: Tuesday, 2002/06/25 – 17:11 Hi, can you post to the pgi-usersmailing list so that I can help you out with theseissues? Responding here in Debian Planet is kind of a pain, and now that this story has fallen off thefront page, I think it would make more sense tohave this discussion where someone might havea fighting chance to see it in the future. 🙂 [ return ] Subject: Re: PGI installer ISO image (BETA) for woody now available Author: asjo Date: Wednesday, 2002/06/26 – 17:11 Certainly. /Adam. [ Please login, or register ] Search articles Category ·News (198)·Features (3)·Site News (10)·HOWTOs (41)·Tips (7)·Opinion (12)·Q & A (18)·Sponsorship (1) Log in Username: Password: Remember me » Register » New password Debian Security Announcements DSA-375 nodeDSA-374 libpam-smbDSA-373 autorespondDSA-372 netrisDSA-371 perlDSA-370 pam-pgsqlDSA-369 zblastDSA-368 xpcdDSA-367 xtokkaetamaDSA-366 eroaster more Latest poll: Favourite DebianPlanet editor robster Robot101 DanielS You all suck 11 comments · view results · older polls home · archives · news feeds · about · polls · search · sections · user account Powered by the amazing Drupal Debian Planet is not officially related to the Debian Project. Debian and the Debian logo are trademarks of Software in the Public Interest, Inc.


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The 18th of November 2016 marked a huge step in Pavegen's development. We have our first large scale outdoor installation in the heart of one of the US's busiest cities, Washington D.C. Pavegen has provided a seamless way for pedestrians to contribute renewable power to the local grid, by simply walking down the road. Every day 10,000 people will be passing over 240 sq feet of Pavegen tiles on Connecticut Avenue, metres away from the White House.
The Pavegen team worked in conjunction with the The District Department of Transportation, ZGF and Golden Triangle BID to deliver the installation. This project has initiated Pavegen's further expansion into the US market, and has received tremendous press and support from both US and UK governments. Deputy Ambassador, Patrick Davies attended and he said:
"Pavegen is an example of British engineering at it's best - elegant, simple and has the potential to impact cities across the USA"
Since the launch, Pavegen has been praised in US media with exclusive pieces in Forbes, The Washington Post, NBC4 Washington & Fox5 DC News.
We have developed a sophisticated charging infrastructure, and a data uplink, that allows for the remote real time monitoring of the system and the data produced using the smart controller. The 240 sq foot of V3 is installed permanently and will soon be facing the D.C. winter. We are excited to show the world how well it stands up to these harsh conditions.
Discussions are underway with other municipalities about producing similar installations across the US, taking us one step closer to making our technology more economical and viable to roll out on a much greater scale. This project represents a unique collaboration between public and private entities - from one of the biggest government groups in the world, to a high-tech company headquartered in London. This shows it is possible to overcome the hurdles in the innovation of our future smart cities.
We are always excited to explore new opportunities, if you would like to know more about how Pavegen could work for you, please send a project enquiry to our team.


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What's it all about? From the carefully tended orchards where a fully ripened book is harvested so it can be made into a piece of furniture in best old-world craftsmanship's tradition.
Who should check it out? Book lovers in need of a new side table (or some such).
Time well spent? Totally. I mean, this is such a neat idea for re-purposing old books, and I could well imagine owning one of the bookcases shown here.
One for the road ...
Round Table
Round Table


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Results > Posts Filed Under > Walker
Feb 24
Posted by Gina.
These photos were sent to me by Flo McRobie Walker's great grandson, Clinton Walker. I cannot thank him enough for sharing these.
Isaac McRobie surrounded by his daughters (1902). Starting at the top center and moving clockwise they are: Nellie, Elsie, Stella, Pearl, Mattie, Delphia, Leafy, and Flo.
Pearl and Flo McRobie (1905).
Walter Walker and Flo McRobie in what is believed to be their wedding picture (1908).
Walter and Flo Walker (center) with their children. From the left: Margaret, Chester, …


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Another Baby/Another Bathwater
What holds me back, I think, is this: I don't believe in it. Perhaps it is a remnant of my being raised in the Mormon church, but it does not seem like enough to want to be a part of the local religious community; I feel like I need to believe in the mission of the UU. And I just don't. I can't help but look at the UU as a failure — not my local congregation, but the UU as a whole. It's a great place to go on Sunday. It's a refuge from religious intolerance and a necessary waystation for many on their way out of their religion of origin. It does good work in promoting social justice. But as John Trevor wrote in 1910:"For the want of something, I know not what" is the "great white whale" of contemporary Unitarian Universalism.
"My respect for individual Unitarians is unbounded. And yet their religious position as a denomination is one which I have always deeply regretted. For want of something, I know not what, all their freedom, all their knowledge, all their generosity, all their high personal character— everything which seems to mark them out as the one denomination to lead the van of religious and social emancipation—never comes to the point of making them a great reforming power. People, with qualities in many respects far inferior to theirs, are moving the world to-day; while they, perplexed and pained as they are, and anxious to find the road by which they may march forward, are scarcely able to maintain the status of their own churches."
Note the contradiction that Trevor bases this on: unbounded respect for individual Unitarians vs. Unitarianism's inability to becoming a great reforming power. And Trevor's prescription somehow matches up to Halstead's dilemma: he likes his local church but doesn't 'believe' in Unitarian Univerasalism as a whole.
Halstead says that the wanted "something" is missing because Unitarian Universalism has stripped away the irrational from religion, hence his title: the baby is the bathwater. The magic, mythic elements of other religions which provide the emotional ooomph that binds the believer to the faith is not there.
One of the commentators says that the search for the great white whale takes her up to a solid brick wall.
And if we going looking for a story from anyplace other than our own history, of course, we will be thwarted. We have to understand our own story, in all its historical and personal significance, testify to that story and let go of the outcome. We may become a great reforming power, or we may not. It might be a liberation story for the whole world; more likely, it is our testimony to what has been revealed to us by time and history and that creating, sustaining and transforming power at work in the world.
We have to re-claim the story of the Enlightenment. After all, both Unitarianism and Universalism were forms of Protestantism trying to accommodate the truths of the Enlightenment. The Enlightenment was a great moment of human liberation. (This is where I bow to the Calvinists who will point out the many sins of the European establishment that was the site of the Enlightenment. I will also point out that causation and correlation are not the same thing, and that just because two things happened in the same time doesn't mean that one caused the other.)
But the Enlightenment and the emergence of secularity were not radical breaks from the hegemony of Christianity in Europe. Secularity is the fulfillment of radical strands of Jewish and Christian theology.
You don't believe me? Go search the UU archives for the biblical verses that UU ministers cite. They come down a distinct body of texts that come the length of the book and have an internal theological coherence. They go from Jacob's assertion that "surely God is in this place" when he standing by a stream in nature, to the prophets disdain for sacrifice, to Jesus' claim that the sabbath was made for us, and not us for the sabbath. Jesus says that someday we will worship "in spirit and truth".
There is a strand of the Christian tradition that says that religion is not about beliefs, temples, sacrifices, and rules. It is about building a world with a moral foundation, ethics, morals, and a sense of awe and reverence in daily life. I call it the Kenotic tradition in Christianity and we are its heirs and practitioners. Theodore Parker said it quite well:
"Be ours a religion which, like sunshine goes everywhere; its temple, all space; its shrine, the good heart; its creed, all truth; its ritual, works of love; its profession of faith, divine living."One of the liberating aspects of kenotic Christianity is that creates a basis for Christians to meet the non-believer in a positive relationship, and we have been trying to do that work for over a century, even to the extent of creating interfaith and non-faith worshipping communities.
And when they work, they work to nurture people in faith, hope and passion and spirit.
That is the story that we have to tell. We are asking people to understand themselves as part of a great millennium long struggle for the liberation of the human soul. We have some truths to share.
The turn that we have to make, RIGHT NOW, is to turn away from talking about the kind of religion we want to be, the kind of religion we are failing to be, what's wrong with us, and our dreams for a better future. We have to stop worrying about why people write articles about why they haven't joined a UU church. I am reminded of Emerson's comment in the Divinity School Address: "The village blasphemer sees fear in the face, form, and gait of the minister." People everywhere perceive our desperation to please, justly, as a lack of integrity.
We will not convince the world until we convince ourselves.


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The Hunted (2003)
[first lines]
Narrator: [voiceover] God said to Abraham, "Kill me a son." Abe says, "Man, you must be puttin' me on." God say, "no"; Abe say, "what?" God say, "You can do what you want, Abe, but the next time you see me comin', you better run." Abe says, "Where do you want this killin' done?" God says, "Out on Highway 61."
Aaron Hallam: What if there was a species above us in the food chain? How do you think you'd feel if that species lost total respect for us... and started slaughtering us wholesale?
L.T.: [speaks to 'the best of the best' of the US Armed Forces] Once you are able to kill mentally, the physical part will be easy. The difficult part... is learning how to turn it off.
L.T.: [talking about Aaron Hallam] He's unusual. He can kill anybody without regret. Most of the poeple he killed never knew he was in the same room as them.
Aaron Hallam: If you cross this line, you better be ready to kill me.
L.T.: If I'm not back in two days, it'll mean I'm dead.
L.T.: [speaks to a group of elite US soldiers] I will teach you how to kill. Quickly. Accurately. Efficiently. It will become a reflex action. You will learn how to enter a combat zone and evaporate into shadow. You will learn how to survive... or you will not!
Aaron Hallam: When you kill with your own hands there is a reverence. There's no reverence in what you do.
L.T.: I made him what he is, I can stop him.
Hewitt: Your actions resulted in the injuries and death of unarmed civilians.
Aaron Hallam: They had weapons.
Hewitt: Well, that's the problem, you can't tell the sharks from the guppies any more.
L.T.: They're coming for you.
Aaron Hallam: They've been coming for me for a long time, L.T.
Hewitt: He's a killing machine. There is no way he can be indicted or tried in open court, or any court. He cannot be processed, interviewed, charged with a crime, or copped out as a psycho. His picture cannot appear in any newspaper. As far as the world is concerned, sir, Aaron Hallum doesn't exist.
[last lines]
Narrator: [voiceover] God said to Abraham, "Kill me a son."


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Congratulations to the National Girls Collaborative Project's 10th anniversary
Science Club for Girls is a proud member of the National Girls Collaborative Project. This National Science Foundation funded initiative is the brainchild of Karen Peterson, executive director of the EdLab Group. Karen was recently recognized by STEMConnector as one of the 100 Women Leaders in STEM!
Karen's vision was to create connections between community organizations, universities, and science, technology, engineering companies, who all have different resources and expertise to bring to the table. She and her amazing team have doggedly identified leaders to create signature collaboratives around the country, and are in 38 states in the US.
Regional collaboratives (including the Southern New England Collaborative Project of which we are part) can give out mini-grants to jumpstart new programs, so girls in K-12 have access to high quality STEM programs and to role models.
Congratulations again to Karen and her team, as well as all our sister organizations and programs in the network! Read more about their history and celebrations during the week of Sept 17-22 here. And follow our tweets on the morning on Sept 21! #CelebrateNGCP


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Ph 027 55 999 29
About Solar Panels
Solar panels are panels designed to absorb the rays of the sun as a source of energy so as to generate heating or electricity.
A photovoltaic (PV) module is a connected assembly of usually 6×10 solar cells. Solar Photovoltaic panels generate and supplies solar electricity in both residential and commercial applications. Each module is rated by its DC output power and typically ranges from 100 to 365 watts. The efficiency of a module determines the area of a module given the same rated output. There are a few solar panels available that are exceeding 19% efficiency. A single solar module can produce only a limited amount of power, therefore most installations contain multiple modules. A photovoltaic system typically includes a panel or array of solar modules, a solar inverter, and often a battery and/or solar tracker and interconnection wiring.
The price of solar power & the batteries for storage has continued to fall so that in many cases it is cheaper than ordinary electricity from the grid.
Harness New Zealand's sun shine to generate cost efficient, clean electricity for your home or business.
Photovoltaic (PV) cells convert sunlight into electricity. In most PV cells, light energy excite the electrons in the atoms of a semi-conducting material . The energised electrons then generate an electrical voltage.
The amount of electricity a solar PV system generates depends on the intensity of the sunlight it's exposed to. Auckland and the regions around Auckland capture a good amount of sunlight in general, with some better than others. Solar PV also generates electricity on cloudy days, but less so than with direct sunlight. Solar PV panels obviously generate no electricity at night.
Solar PV cells are usually quite small, so you generally need to combine lots together to create a suitable PV panel. These panels are then combined together into solar PV arrays.
Key solar PV system components
PV systems usually include the following:
•PV panels, cables, and mounting or fixing hardware
•an inverter that converts direct current from the PV panels to alternating current, and controller
•special electricity meters to record the electricity generated & exported to the grid
•and, for off-grid situations you need batteries, back-up generators, and other specialist components.
Energy output of solar PV systems
Each solar PV panel is rated on its peak electrical output. For example, a panel with a 75 watts (W) peak rating (75 Wp) will have an output of 75 W under test conditions. A well placed panel usually generates 2.5 to 5 times its rated power output.
Panels are generally available from 5 Wp to 300 Wp. A typical domestic solar PV system would be 1,500 Wp to 3,000 Wp, so you wil need a number of panels and connect them in an array to get the energy output that you need.
Where to place PV panels
Panels are usually installed on roofs but you can also place them on conservatory roofs, sun shades, garages or specially built stands.
Make sure your site:
is free from shade and exposed to good sun all year
faces north
has enough space
Cost to install and buy solar PV systems
The cost of solar panels has fallen significantly in recent years as production expands and technologies improve. However installation and related equipment can be expensive. Contact Auckland Solar Panels for a free quotation.
Home to some of New Zealand's lowest solar PV system prices, Auckland is a great place to install solar panels. Falling solar PV system prices and high electricity prices mean that a solar power system in Auckland offers a great return on investment–especially for those who use a good portion of their electricity during daylight hours.
Finding the best deal on solar PV in Auckland depends first on understanding what a solar PV system potentially offers a home or business. Solar panels produce electricity only when the sun is shining, and how much electricity is generated depends on the duration and intensity of the sunshine.
Home electricity use vs solar PV system electricity generation in Auckland
Household and business electricity demand varies by the number of occupants and use patterns through the day. Provided all electricity is consumed during the day, a 5kW system in Auckland could produce enough power to just about cover a home or business's electricity consumption
The real solar savings are to be had by consuming solar power as it is generated. By doing so, building occupants can avoid purchasing electricity from the grid.
Finding the best solar deals in Auckland – ask Auckland Solar Panels for a free quote!
Good return on investment and short payback periods on solar PV systems depend first on finding a good deal on a system. Auckland Solar Panels can arrange the best deals on your Solar system and save you thousands of dollars over the long run in electricity bills.
Auckland Solar Panel's head office is located in Parnell, Auckland but we come to you to assess your property and discuss your requirements.
Request a quote on your solar panel system today, via our free online quote form- and someone will be in touch within 48 hours to make a time to come and speak to you!


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Cadia Rehab: Pike Creek, Delaware
Visit Website
Pike Creek opened in the winter of 2009 and was done in conjunction with ChristianaCare. In 2009, Riverside was closed and all of the residents were transferred to the brand new facility. Cadia Pike Creek offers a fully integrated range of therapeutic programs developed by a team of interdisciplinary healthcare professionals. Pike Creek focuses on short term rehabilitation, respiratory therapy, and long term care. It has a host of unique features and amenities including: flat screen televisions, a physical therapy gym, 180 degree views of the Pike Creek Golf Course, Oxygen in all common areas, and more.
Renaissance Healthcare Services - Millsboro, DE
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Renaissance opened in the winter of 2008 and was done in conjunction with Beebe Medical Center. In 2008, Lewes Convalescent Center was closed and all of their patients were transferred to our brand new facility. Renaissance offers a fully integrated range of therapeutic programs developed by a team of interdisciplinary healthcare professionals. It has a host of unique features and amenities including: flat screen televisions in all patient rooms, a physical therapy gym, a private family dining room, and more.
Cadia Healthcare Capitol , Dover, Delaware
Visit Website
Capitol Nursing and Rehabilitation Center provides comprehensive programs developed and supervised by an interdisciplinary team to meet residents' special needs for nursing and therapy services. It is owned and operated by Cadia Healthcare and was developed in 1996. Capitol provides: Short and long term rehabilitation, Intermediate and skilled nursing services, a secured unit with special programming for advanced Alzheimer's, Respite care, and Restorative nursing programs.
Broadmeadow Healthcare , Middletown, DE
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Broadmeadow opened in November of 2005 and possesses the latest technology and amenities in the healthcare field. These unique features include: Delaware's only in-house rehab condo, an outdoor rehabilitation courtyard, wall-mounted flat screen TVs in patient rooms, a theater room with surround sound, ceiling mounted lift system with safe return program, and the Wanderguard System with safe return program.
Cadia Rehab Silverside: North Wilmington, DE
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Cadia Rehabilitation Silverside, located on Silverside Road just off Concord Pike (Route 202) and minutes from the I-95 corridor, is the newest rehab and skilled nursing facility serving the North Wilmington area. The dramatic two-story, 60,000+ square-foot building offers both in-patient and out-patient rehab therapy staffed with PT, OT, and SLP therapists, excellent nursing care, and a variety of additional healthcare services tailored for each patient. Cadia Rehabilitation Silverside houses the Wilmington area's largest rehab gym with 3,300+ square feet, a Wii-Habilitation station, stationary bikes, a complete kitchen and more. Additionally, this North Wilmington DE rehab center features 128 patient beds, including 60 semi-private and private suites. Free Wi-Fi, beautiful lounges, outdoor patios, and well-appointed dining rooms with steam-table service await your visit!
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Friday, 13 February 2015
Japaridze Tarot Overview
That isn't apparent at first sight on the Temperance card, showing several swings hanging down, two of them with blue women on them. The companion book highlights their expressions - one blissful, one thoughtful - and the 'balancing' aspect.
As for the Court cards, they are also quite different. For one thing, the Pages and Knights are renamed Jesters and Strangers. Looking at the Jester of Winds, we have a child's legs poking out of a rather baroque red costume. His face is painted like a clown, half hidden under his built-in jester's hat with bells on the ends. I'm unsure what the object/s in his hands are... Some kind of weird binoculars? Curiosity, then, and a desire to see and analyse the world. Speaking the truth is also there, though that would be an association for any jester!
Finally, the Nine of Gardens (Pentacles) is the most traditional of the bunch, showing an elegant lady in her garden. She wears a fancy hat, and wafts a fan, which was once considered an art form requiring much practice and dedication. I also love how her dress itself is so opulent: layers of varying fabric, bright with more flowers, strange with shapes and patterns and more. And not only is there a flamingo on her shoulder, there is also a snake as part of the lower hem of her dress. A lot to interpret there, should one so choose!
Altogether, it's probably not a plug'n'play kind of deck, but there is plenty to get your teeth into, and the art is amazing.
6 comments:
It is tempting, the art work is so colorful and bold but somehow it doesn't speak to me.ReplyDeleteReplies
Hi Ellen, it speaks less to me than I thought it would. Ah well, maybe at a different time...Delete
I saw that a little book comes with this deck; is it any help in understanding it? I'm going crazy trying to figure out what that jester is holding! :DReplyDeleteReplies
Ah yes, the book, what a novel concept ;) It's lovely, with full page colour images and a description of the media used in the creation process. As for the Jester of Winds, the book says: "Dressed in traditional motley attire and clutching a toy bat, which is played as though an accordion, the Jester of Winds is the most childlike of the four Jesters. Its gender appears ambiguous and its gaze direct and unthreatening. The Jester may be a messenger bringing you ideas for working through challenges disguised as problems." :)Delete
- Anonymous13 February 2015 at 13:48
I saw the Jesters and immediately liked them, but generally, it isn't one I get much from. I appreciate it through the eyes of those who would, if that makes sense. Nice to see something arty and painterly. That, I do enjoy.ReplyDeleteReplies
I don't think I'm in the right frame of mind for this deck right now. As you say, though, nice to see some interesting art! :)Delete


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CIS in Media and Entertainment Industry
Success in Media and Entertainment industry depends on how well you are able to present your content to the intended audience. With online, social and mobile technologies redefining the landscape of this industry, it is important for you to keep up with the latest trends in the industry to meet the expectations of your customers. We not only help you gain a better understanding of your audiences, but also help you to reach them through multiple channels, devices and distribution platforms, helping you tap into the true potential of your content and take advantage of the different revenue opportunities.
Our Scope
Our array of digital advertising services includes search engine optimization, social media optimization, digital analytics, social marketing, online brand management and much more to help you establish a strong digital presence.
We work with broadcasting companies to help them design their content offerings keeping in line with the ever-changing consumer interests and optimize the way content is delivered to the targeted audience.
Our solutions take care of digital content management, protection of content against unauthorized use, distribution of digital content, contracts management and a lot more to digitize processes and reduce costs.
Today the music industry is increasingly relying on online channels to reach wider audience. We enable you to participate in this digital revolution, discover new avenues while ensuring maximum safety for your content.
print &
Rejuvenate subscription models, leverage mobile and web platforms for your content, understand user behavior and optimize processes from managing content to day-to-day activities with our solutions for the publishing industry.
Media &
We have proven experience in providing effective and robust IT solutions for gaming organizations. We have successfully helped clients in delivering quality products to their customers.
Areas of Expertise In Media and Entertainment Solution
CIS has rich experience and technology expertise in providing highly optimized solutions for the media and entertainment industry. We have collaborated with renowned firms in the industry and helped them reinvent their brands. Some of our key competency areas are as follows.
- Content Repositories
- Information Discovery Banking
- Digital Asset Management
- Extract, Transform, Load Solutions
- Mobile Solutions
- Advanced Indexing and Search
- Mobile Content Delivery
- Content Distribution Management
- Advertisement Management
- Partner Portals
- Reporting and Data Analysis
- Process Modeling
- Process Modeling
- Business Rule Management
- Payment Gateways
Why CIS is the Right Choice
Custom Solutions
Developing bespoke software is something we excel at very well. Each organization in media and entertainment industry has its own set of creative needs, challenges and values. We work with each of our clients to understand their unique requirements and design a solution to match those requirements. With our customized solutions, you will be able to meet your customers' expectations while streamlining your business operations.
Industry Knowledge
CIS has partnered with many leading companies in the media and entertainment industry and helped them increase their revenues by leveraging the digital revolution. Our clientele includes firms from print and publishing, broadcasting companies, digital marketing, gaming companies and more. We have rich domain understanding, utilizing which we helped our clients deliver their contents to audiences via different channels and platforms, optimize media planning process, better understand the consumer behavior and interests and maximize revenue opportunities. We know the value of your content and do our best to help you realize the full potential of it.
We have a quality-oriented approach to delivering our solutions and services. The project management and governance departments of our company oversee the services delivered to make sure that they match the requirements and expectations of our clients. Employing best practices for all delivery processes, our technology solutions and services always meet the global industry standards of quality. We consistently deliver and empower our clients with high quality and error-free technology solutions and services.
Scalable Delivery
With our convenient mix of services from low-cost, offshore, remote and on-site locations, you have the liberty to select the way you would want your solutions to be delivered. Our global delivery platform offers absolute flexibility in the delivery operations. Our scalable delivery platform easily accommodates the changing project requirements. We offer cost-effective solutions using a global operating model. Minimize the risk for your projects, improve productivity and bring agility into your business operations with our scalable delivery.
Specailized Resources
CIS has a team of dedicated professionals who are equipped with deep knowledge about various aspects and subtleties of the media and entertainment industry. They have rich experience of working across different areas of the industry. This extensive domain experience and knowledge enables our team to take on different complex projects and deliver excellent outcomes every time. Our team offers their domain expertise throughout the development process to add value to your projects.
Workforce Planning
Maintaining a workforce that consistently meets the organizational needs and values is very important for effective management of IT projects. Our efficient workforce planning has always been a strength for us. We have 14+ years of solid experience in managing expert team of 550+ professionals who are experts in various cutting-edge technologies. Our work force planning model is designed to ensure that we have employees who are proficient in various technology skills and competencies and stay up to date with changing technology trends. Whatever your technology needs are, you will find the necessary expertise and experience in our accomplished employee base.
Client Success
I've outsourced my joomla CMS website development project to Cyber Infrastructure Pvt. Ltd. I would just like to thank you about the good works you done was really efficient and understand all the things we need, really great. We will come back for
I am glad to write a review for your capable team, you have onboard and I would like to mention another thing that your tecnology team are gold for your company. Thanks for everything. Soon we'll outsourcing more projects to you.
Lemmer, Netherlands
I've hired CISIN a while ago and I want to say that thanks for your help, everything is great & much appreciated. I'm always open to any design upgrades you may like to punt in future so feel free. I wish you peace & success in every sphere, thanks again.
I am a Research Director for a company in the UK which monitors company's customer service and provides feedback on their performance and shows benchmarking data for their continual improvement. With that background I am pleased to say that the customer service I received from you just now was excellent!
Super Work The application is better than I expected it to be. This was quite a fluid arrangement as I was not totally sure what I required, Abhi and the rest of his team were very patient and discussed all aspects of the project with me. Any changes I requested
Scotland, United Kingdom
Did a great job, and in time asked for. The Parental control application I was looking was a single module in the final product. Very innovative with ideas and implementations. Thanks!
North Carolina, United States
Very diligent and hard-working. When given sufficient information, were able to produce a good-quality product in a quick time. Would use them again.
United Kingdom
Outstanding work even with some of the last minute changes they coded the program changes without any problems.
New York, United States
Amit and team did a superb job, and did much more than they were required. Communication is very professional. Recommend these guys every time. I will use again.
Georgia, United States
Superb Communication will go the extra mile to please and best of all the quality of code is excellent! Thanks CIS!
Florida, United States
A+ coding yet again. CIS is quick to respond to bugs and even quicker to fix them. I really enjoy the professionalism and dedication of this team!
CIS did an excellent job on my project. I gave them a week to get it done and they got it done within 1 day! They are very knowledgeable and easy to get it touch with. I definitely plan to use them in the future.
Illinois, United States
Wow that took a long time and was complicated! Cis team did a good job in the end and thanks for your work.
United Kingdom
Thanks! This is only the start. We are bound to do great things together.


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The LaToscana Novello Lady 3-Piece Body Jets in Chrome features 3 jets that allow you to adjust the spray direction for your ideal comfort and convenience. These jets feature brass construction, and the handsome chrome finish resists tarnish for a decorative appeal that looks great and performs well over time.
- Adjustable body jets allow you to move the spraying position for your comfort
- Chrome finish resists tarnish for lasting good looks
- Brass construction offers durability
- Includes 3 body jets to help create a customized shower system