text:
66 FLRA No. 120
April 30, 2012
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 the Agency's motion for reconsideration (motion) of the Authority's decision in U.S. Department of Homeland Security, U.S. Customs & Border Protection, 66 FLRA 335 (2011) (CBP). The Union filed an opposition to the motion.
Section 2429.17 of the Authority's Regulations permits a party that can establish extraordinary circumstances to request reconsideration of an Authority final decision or order. For the reasons that follow, we find that the Agency has not established extraordinary circumstances warranting reconsideration of CBP. Accordingly, we deny the Agency's motion.
II. Background
A. Arbitrator's Award
The parties submitted an unresolved grievance to arbitration to determine, as relevant here, whether the Agency violated Article 20, Section 4.F. of the parties' collective‑bargaining agreement (Section 4.F.) when it directed that the grievants be reassigned.[1] See CBP, 66 FLRA at 335. The Arbitrator found that Section 4.F. placed an "affirmative burden on the Agency" to establish that the grievants' reassignments were "based on the needs of the service." Id. at 336 (quoting Award at 15) (internal quotation marks and brackets omitted). As relevant here, the Agency argued before the Arbitrator that it directed the reassignments "in order to prevent 'integrity issues,' . . . such as the grievants becoming too familiar, and thus not as vigilant as they should have been, when dealing with repeat customers and passengers at the . . . small" airports where the grievants previously worked. Id. (quoting Award at 11) (internal quotation marks and brackets omitted). The Arbitrator found that the Agency violated Section 4.F. because "none of the 'evidence . . . show[ed] that there were any legitimate integrity or complacency issues'" concerning the grievants' work at their previous worksites. Id. (alteration in original) (quoting Award at 12). Consequently, the Arbitrator granted the Union its requested remedies, which included directing the Agency to return the grievants to their former positions. Id.
B. Agency's Exceptions
The Agency filed exceptions arguing that the award was contrary to management's rights to determine internal security practices, direct and assign employees, and assign work, as well as contrary to 5 C.F.R. § 335.102(a).[2] CBP, 66 FLRA at 336‑37 (citations omitted). With regard to management's rights, the Agency contended that the Arbitrator should not have sustained the grievance based on an alleged violation of Section 4.F. because, according to the Agency, that provision was not negotiated pursuant to one of the management‑rights exceptions in § 7106(b) of the Federal Service Labor‑Management Relations Statute (the Statute). Id. at 336. The Agency also requested that the Authority decline to consider any assertions in the Union's opposition that the parties negotiated Section 4.F. under § 7106(b), because the Arbitrator made no such finding and the Union presented no such argument at arbitration. See id.
In addition, the Agency filed a nonfact exception alleging that "the Arbitrator mistakenly found that the Agency reassigned the grievants due to concerns with their 'personal' integrity." Id. (brackets omitted) (citing Exceptions at 13). In that regard, the Agency contended that the Arbitrator failed to understand that it directed the reassignments based, in part, on a determination that all employees in the grievants' former positions were "'vulnerable to corruption and other potential security or integrity risks.'" Id. (quoting Exceptions at 13).
C. Authority's Decision in CBP
In CBP, the Authority found that nothing in the record indicated that the Agency argued to the Arbitrator that adopting the Union's interpretation of Section 4.F. or granting its remedial requests would be contrary to: (1) management's rights to determine internal security practices or to direct employees; or (2) 5 C.F.R. § 335.102(a). See 66 FLRA at 337-38. Thus, the Authority found that 5 C.F.R. §§ 2425.4(c) and 2429.5 (§§ 2425.4(c) and 2429.5) barred the Agency from making those arguments in its exceptions.[3] See id. In addition, relying on U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Oakdale, Louisiana, 63 FLRA 178 (2009) (DOJ), the Authority found that §§ 2425.4(c) and 2429.5 barred the Agency's argument that Section 4.F. was not negotiated under § 7106(b), because the Agency did not present that argument to the Arbitrator. See CBP, 66 FLRA at 338 & n.9 (citing DOJ, 63 FLRA at 179‑80). In that regard, the Authority determined that the Agency "could have, and should have, presented to the Arbitrator all of its . . . challenges to the Union's proposed interpretation of Section 4.F., including challenges to its enforceability under § 7106(b)." Id. at 338 (citing 5 C.F.R. § 2429.5; DOJ, 63 FLRA at 179‑80).
The Authority noted that the Union argued, in its opposition, that the award enforced a provision negotiated under § 7106(b). See id. at 337. The Authority added that, as the result of the application of §§ 2425.4(c) and 2429.5 to the Agency's exceptions, the Union's assertion regarding § 7106(b) was uncontested. Id. n.10 (citing Opp'n at 15). And as for the Agency's remaining management‑rights exceptions – those that were properly before the Authority because the Agency presented them to the Arbitrator – the Authority explained that, absent a claim that Section 4.F. was not a § 7106(b) provision, they were insufficient as a matter of law to establish that the award was contrary to § 7106(a) of the Statute. Id. (citing U.S. Envtl. Prot. Agency, 65 FLRA 113, 115 (2010) (Member Beck concurring) (EPA); FDIC, Div. of Supervision & Consumer Prot., S.F. Region, 65 FLRA 102, 107 & n.6 (2010) (Chairman Pope concurring) (FDIC)).
With regard to the Agency's nonfact exception, the Authority explained that it will not find an award deficient on the basis of an arbitral determination of any factual matter that the parties disputed at arbitration. Id. at 338‑39 (citation omitted). Based on testimony in the arbitration‑hearing transcript, as well as an assertion in the Union's opposition, the Authority found that the parties disputed at arbitration whether the Agency's "integrity concerns" justified reassigning the grievants. Id. (citing Tr. at 19, 21‑22; Opp'n at 11). Therefore, the Authority denied the nonfact exception. Id. at 339.
III. Positions of the Parties
A. Motion for Reconsideration
The Agency asserts that errors of law and fact warrant reconsideration of the Authority's decision in CBP. See Motion at 4.
Several of the alleged errors involve the Authority's application of § 2429.5 in CBP. First, the Agency contends that the Authority should not have barred any of its arguments without a request from the Union to do so. Id. at 11. Second, relying on its closing brief at arbitration (closing brief), the Agency asserts that it presented to the Arbitrator arguments concerning internal security practices, directing employees, and 5 C.F.R. § 335.102(a), and that, as a result, the Authority erred in barring those arguments. See id. at 7‑9, 17‑19 (citing Closing Brief).
Third, the Agency contends that § 2429.5 permitted it to argue for the first time in its exceptions that Section 4.F. was not negotiated under § 7106(b). See id. at 14. In that regard, the Agency asserts that the Authority has consistently assigned unions the burden of proving that contract provisions are enforceable under § 7106(b), and, thus, the Agency had no obligation to present a § 7106(b) argument to the Arbitrator. See id. at 11 (citing NTEU, 66 FLRA 186, 191 (2011); U.S. Dep't of Justice, Fed. Bureau of Prisons, Fed. Corr. Complex, Beaumont, Tex., 62 FLRA 100, 101‑02 (2007) (BOP II); U.S. Dep't of Justice, Fed. Bureau of Prisons, U.S. Penitentiary, Leavenworth, Kan., 53 FLRA 165, 170 (1997) (BOP I)); id. at 12 (citing NTEU v. FLRA, 550 F.3d 1148, 1150 (D.C. Cir. 2008) (NTEU v. FLRA II); NTEU v. FLRA, 404 F.3d 454, 458 (D.C. Cir. 2005) (NTEU v. FLRA I); U.S. Dep't of the Navy, Phila. Naval Shipyard, 35 FLRA 990, 995 (1990) (Naval Shipyard); AFGE, AFL‑CIO, Dep't of Educ. Council of AFGE Locals, 34 FLRA 1078, 1085‑86 (1990) (AFGE Locals); NAGE, Local R14‑87, 21 FLRA 24, 31 (1986) (KANG)); id. at 13 (citing SSA, Se. Program Svc. Ctr., Birmingham, Ala., 55 FLRA 320, 322 (1999) (SSA Birmingham)).
Fourth, the Agency asserts that the Authority erroneously failed to apply § 2429.5 equally to both parties' filings. See id. at 14‑15 (citing U.S. Dep't of the Treasury, IRS, 66 FLRA 120, 121 (2011) (IRS)). Specifically, the Agency contends that the Union admitted not making a § 7106(b) argument to the Arbitrator, and yet the Authority considered the § 7106(b) argument in the Union's opposition. See id. The Agency contends that, if the Authority had properly applied § 2429.5, then the Agency's assertion to the Authority that Section 4.F. was not a § 7106(b) provision would have been unrebutted. See id. at 15‑16.
Apart from the alleged errors in the Authority's application of § 2429.5, the Agency also argues that the Authority denied its non‑barred management's rights exceptions "without engaging in the required legal analysis." Id. at 16. The Agency contends that, before denying those exceptions, the Authority was obligated to conduct further analysis applying: (1) KANG; (2) U.S. Dep't of the Treasury, Bureau of Engraving & Printing, Wash., D.C., 53 FLRA 146 (1997) (BEP); and (3) EPA. Motion at 16.
Finally, the Agency contends that the Authority misunderstood its nonfact exception, see id. at 21, because, rather than arguing that the award "was deficient based upon a factual matter . . . disputed at arbitration," the exception argued that the award was "deficient because the [A]rbitrator completely misstated the reason the Agency reassigned" the grievants, id. at 20. The Agency asserts that, properly construed, its nonfact exception required the Authority to address whether the Arbitrator "erroneously believed that the Agency reassigned the [grievants] because of integrity and vigilance concerns . . . specific to" them. Id. at 21.
B. Union's Opposition
The Union argues that the motion largely repeats arguments rejected in CBP, Opp'n at 1, and that the Agency is relying on documents to support the motion that it did not submit with the exceptions – among them, the Agency's closing brief, id. at 1-2 & n.1.
IV. Analysis and Conclusions
Section 2429.17 of the Authority's Regulations permits a party that can establish extraordinary circumstances to request reconsideration of an Authority decision. E.g., Nat'l Ass'n of Indep. Labor, Local 15, 65 FLRA 666, 667 (2011). A party seeking reconsideration under § 2429.17 bears the heavy burden of establishing that extraordinary circumstances exist to justify this unusual action. Id. As relevant here, the Authority has found that errors in its conclusions of law or factual findings constitute extraordinary circumstances that may justify reconsideration. See, e.g., U.S. Dep't of Justice, Fed. Bureau of Prisons, U.S. Penitentiary, Atwater, Cal., 65 FLRA 256, 257 (2010). When evaluating motions for reconsideration, the Authority has declined to consider documents that the moving party could have, but did not, submit in the original proceeding. See, e.g., Sport Air Traffic Controllers Org., 64 FLRA 1142, 1143 (2010) (SATCO), denying mot. to reconsider 64 FLRA 606 (2010); Pension Benefit Guar. Corp., 60 FLRA 747, 748 (2005) (denying motion to reconsider order dismissing exceptions). In addition, attempts to relitigate conclusions reached by the Authority are insufficient to establish extraordinary circumstances. See SATCO, 64 FLRA at 1143; U.S. Dep't of Health & Human Servs., Food & Drug Admin., 60 FLRA 789, 791 (2005) (FDA).
A. The Authority in CBP did not err in applying § 2429.5 or in analyzing the Agency's management‑rights exceptions.
As noted previously, supra note 3, § 2429.5 of the Authority Regulations provides, in pertinent part, that the "Authority will not consider any evidence, factual assertions, [or] arguments . . . that could have been, but were not, presented . . . before the . . . arbitrator."[4] 5 C.F.R. § 2429.5. The Authority may rely on § 2429.5 to bar an argument or evidence even if a party does not assert that the argument or evidence is barred. E.g., IRS, 66 FLRA at 121 (barring opposition argument under § 2429.5); AFGE, Local 507, 58 FLRA 578, 579 (2003) (Chairman Cabaniss concurring) (without request from opposing party, Authority barred argument in exceptions). In particular, the Authority has – without any union request – barred an agency's claim that a contract provision was not negotiated under § 7106(b), where the agency should have known at arbitration to make that claim, but the record did not indicate that the agency did so. See DOJ, 63 FLRA at 179‑80. Cf. U.S. Dep't of the Air Force, Warner Robins Air Logistics Ctr., Robins Air Force Base, Ga., 56 FLRA 498, 502 (2000) (without union request, Authority barred agency's argument that award violated management's right to elect not to negotiate § 7106(b)(1) matter).
With regard to the Agency's contention that the Authority in CBP should not have applied § 2429.5 absent a Union request to do so, the Authority's action was consistent with the above‑cited precedent. See IRS, 66 FLRA at 121; AFGE, Local 507, 58 FLRA at 579. As for the Agency's reliance on its closing brief to argue that the Authority barred certain arguments that the Agency did raise at arbitration, the Agency could have, but did not, submit the closing brief with its exceptions in order to demonstrate that it presented these arguments to the Arbitrator. See 5 C.F.R. § 2425.4(a)(2) (stating that exceptions must "includ[e] specific references to the record . . . and any other relevant documentation" (emphasis added)). Consequently, the Agency may not rely on the closing brief to support the motion, and, as such, the Agency provides no basis for the Authority to reconsider the dismissal of these arguments in CBP. See SATCO, 64 FLRA at 1143; Pension Benefit Guar. Corp., 60 FLRA at 748.
Although the Agency asserts that § 2429.5 permitted it to argue for the first time on exceptions that Section 4.F. was not negotiated under § 7106(b), this assertion is contrary to Authority precedent. See DOJ, 63 FLRA at 179‑80. In CBP, the Authority expressly relied on existing precedent – in particular, DOJ – for the proposition that, where an agency should have known to argue to an arbitrator that a contract provision was not negotiated under § 7106(b), and the agency did not do so, the Authority will not consider that argument for the first time on exceptions to the arbitrator's award. CBP, 66 FLRA at 338 (citing DOJ, 63 FLRA at 179‑80). In addition, since deciding CBP, the Authority has continued to follow DOJ's holding. See, e.g., U.S. Dep't of the Army, U.S. Army Corps of Eng'rs, Louisville Dist., Louisville, Ky., 66 FLRA 426, 428 & n.5 (2012) (citing CBP and DOJ). In other words, both before and after CBP, the Authority has barred agency exceptions claiming that contract provisions were not enforceable under § 7106(b), where those claims were not made at arbitration. The Agency does not address DOJ or claim that the Authority erred in CBP by following DOJ's holding. Consequently, the Agency does not provide a basis for finding that the Authority erred in CBP by barring the Agency's § 7106(b) argument.
The Agency also contends that the Authority's precedent prior to CBP consistently placed a burden on unions to establish the enforceability of contract provisions under § 7106(b), and that the Authority erred in CBP because it did not place a similar burden on the Union. Motion at 11‑13. But Authority precedent prior to CBP required, as relevant here, that agencies argue that an award did not enforce a § 7106(b) provision in order to establish that the award was contrary to management rights. E.g., U.S. Dep't of the Treasury, IRS, Wage & Inv. Div., 66 FLRA 235, 242 (2011) (Wage Inv. Div.) (where agency did not assert that award enforced provisions "not negotiated under § 7106(b)," agency "implicitly concede[d]" enforceability). In fact, the Authority has denied agencies' management‑rights exceptions even when unions filed untimely oppositions or no oppositions at all – i.e., even in cases where unions did not properly raise any arguments, including § 7106(b) arguments, before the Authority. See, e.g., U.S. Dep't of Justice, Fed. Bureau of Prisons, Fed. Prison Camp, Duluth, Minn., 65 FLRA 588, 590‑91 (2011) (untimely opposition not considered); SSA, Indianapolis, Ind., 66 FLRA 62, 65 (2011) (no opposition); U.S. Dep't of Health & Human Servs., Ctrs. for Medicare & Medicaid Servs., 60 FLRA 437, 440‑41 (2004) (then‑Member Pope dissenting in part) (no opposition); U.S. Dep't of Justice, Fed. Bureau of Prisons, Fed. Transfer Ctr., Okla. City, Okla., 57 FLRA 158, 160‑63 (2001) (Chairman Cabaniss dissenting) (no opposition); U.S. Dep't of the Navy, Naval Air Warfare Ctr., Aircraft Div., Indianapolis, Ind., 49 FLRA 18, 20 (1994) (no opposition).
The decisions cited in the motion do not support a contrary conclusion. In this regard, the motion relies on several negotiability decisions, as well as a decision resolving exceptions to an arbitrator's finding that a proposal was within the duty to bargain. See Motion at 11 (citing NTEU, 66 FLRA at 191); id. at 12 (citing NTEU v. FLRA II, 550 F.3d at 1150; NTEU v. FLRA I, 404 F.3d at 458; AFGE Locals, 34 FLRA at 1085‑86; KANG, 21 FLRA at 31). In doing so, the motion confuses the burden that a union bears to establish that a proposal is within the duty to bargain under § 7106(b), with the burden that an excepting party bears to establish that an arbitration award is contrary to management's rights.[5] E.g., Motion at 12 (quoting NTEU v. FLRA II, 550 F.3d at 1150 (reviewing court's application of KANG in a negotiability dispute)). Negotiability decisions do not establish which party bears the burden of demonstrating that an arbitration award enforces, or does not enforce, a § 7106(b) provision. Cf., e.g., EPA, 65 FLRA at 116 n.9 (Authority does not apply the "tailoring" analysis from negotiability disputes when reviewing exceptions to arbitration awards). Rather, the Authority applies the framework set forth in FDIC and EPA to evaluate management‑rights exceptions. See EPA, 65 FLRA at 115; FDIC, 65 FLRA at 106‑07.
Concerning the motion's reliance on Naval Shipyard, 35 FLRA at 995, the Authority did state in that decision that it would not consider a union's contention that a contract provision was enforceable under § 7106(b) because the union did not advance such an argument at arbitration. But a subsequent decision "specifically overrule[d]" that holding, and, as such, the Authority no longer follows it. Dep't of the Treasury, U.S. Customs Serv., 37 FLRA 309, 314‑15 (1990). As for the remaining decisions cited in the motion, although they do involve exceptions to arbitration awards, none states that it is a union's burden in an arbitration case to demonstrate that an award enforces a § 7106(b) provision. See BOP II, 62 FLRA at 101‑02 (both parties presented arguments regarding whether award enforced a § 7106(b) provision); SSA Birmingham, 55 FLRA at 322 (despite union's failure to file opposition, Authority assessed whether it had previously found a similar provision to be a § 7106(b)(2) or (b)(3) provision); BOP I, 53 FLRA at 170-71 (while noting that there was no claim that award enforced a § 7106(b) provision, Authority went on to find that it was not "apparent" that provision was negotiated under § 7106(b)). Thus, these decisions do not establish that CBP erroneously failed to place a burden on the Union to demonstrate that the award enforced a § 7106(b) provision.
The Agency also argues that the Authority in CBP failed to apply § 2429.5 equally to both parties and that, if it had: (1) the Union would have been barred from arguing that the award enforced a § 7106(b) provision; and (2) the Agency's arguments that the award violated management rights would have been unrebutted. But even if the Authority in CBP had barred the Union's § 7106(b) argument, the Authority still would have denied the Agency's management‑rights exceptions. Under FDIC, in order to show that an award is contrary to § 7106(a), an agency must allege, as relevant here, that the award does not enforce a contract provision negotiated under § 7106(b). See FDIC, 65 FLRA at 107 & n.6. Without such an allegation, management‑rights exceptions fail as a matter of law. See id. Accord Wage Inv. Div., 66 FLRA at 242 (given the absence of an allegation that provisions enforced by arbitrator were "not negotiated under § 7106(b)," Authority denied management‑rights exceptions). For the reasons discussed above, the Authority correctly barred the Agency's § 7106(b) argument in CBP. Because the Agency did not properly allege that the award enforced a contract provision that was not negotiated under § 7106(b), the management‑rights exceptions in CBP failed as a matter of law.[6] See FDIC, 65 FLRA at 107 & n.6; Wage Inv. Div., 66 FLRA at 242. In other words, FDIC required the Authority to deny the management‑rights exceptions in CBP, regardless of whether the Union made a § 7106(b) argument, and regardless of whether the Authority barred such an argument under § 2429.5.[7]
Based on the foregoing, we find that the motion does not establish extraordinary circumstances warranting reconsideration of the Authority's application of § 2429.5, or its analysis of the management‑rights exceptions, in CBP.
B. The Authority did not err in denying the Agency's nonfact exception.
As stated previously, in its nonfact exception in CBP, the Agency contended that the Arbitrator failed to understand that it directed the grievants' reassignments based, in part, on a determination that all employees in the grievants' former positions were "'vulnerable to corruption and other potential security or integrity risks.'" 66 FLRA at 336 (quoting Exceptions at 13). The Authority in CBP, based on testimony in the arbitration‑hearing transcript and an assertion in the Union's opposition, found that the parties disputed at arbitration whether the Agency's "integrity concerns" justified reassigning the grievants. Id. at 338‑39 (citing Tr. at 19, 21‑22; Opp'n at 11). Assuming, as the Agency alleged, that the matter involved a factual finding, the Authority denied the nonfact exception as contesting an arbitral determination of a factual matter that the parties disputed at arbitration. See id. (citation omitted). The motion presents the same arguments as the nonfact exception presented originally, compare Motion at 20‑22, with Exceptions at 12‑14, and provides no basis for finding that the Authority "[mis]understood" those arguments in CBP, Motion at 21. Further, an attempt to relitigate the Authority's conclusions in CBP is insufficient to establish extraordinary circumstances justifying reconsideration. See SATCO, 64 FLRA at 1143; FDA, 60 FLRA at 791. Therefore, we find that the motion does not establish extraordinary circumstances justifying reconsideration of the denial of the Agency's nonfact exception.
V. Order
The Agency's motion for reconsideration is denied.
[1] Section 4.F. states, in relevant part:
Directed reassignments: The [Agency] retains the right to identify and direct the reassignment of an [e]mployee based on the needs of the [s]ervice, including but not limited to the following:
(1) for deficiencies in an employee's work performance which may be corrected or minimized in a different work location; or
(2) for remediation reasons.
CBP, 66 FLRA at 335 n.1 (alterations in original) (quoting Award at 10‑11).
[2] 5 C.F.R. § 335.102(a) states, in relevant part, that "an agency may . . . reassign a career or career‑conditional employee."
[3] Section 2425.4(c) provides, in pertinent part, that exceptions may not rely on "any evidence, factual assertions, [or] arguments . . . that could have been, but were not, presented to the arbitrator." Section 2429.5 provides, in pertinent part, that the "Authority will not consider any evidence, factual assertions, [or] arguments . . . that could have been, but were not, presented . . . before the . . . arbitrator."
[4] Although the Authority in CBP found that both §§ 2425.4(c) and 2429.5 barred certain Agency arguments, see 66 FLRA at 337‑38, § 2425.4(c) merely reiterates the requirements of § 2429.5 in the context of filing exceptions, see 5 C.F.R. § 2425.4(c) ("Consistent with [§] 2429.5. . ."). As such, we do not discuss the application of § 2425.4(c) separately from the application of § 2429.5.
[5] In the negotiability context, the Authority's Regulations expressly place the burden on unions "to, among other things, state why the proposal or provision . . . falls within an exception to management rights" under § 7106(b), 5 C.F.R. § 2424.25(a), and to "rais[e] and support[] arguments that the proposal or provision is within the duty to bargain," id. § 2424.32(a).
[6] Because the management‑rights exceptions failed as a matter of law under FDIC, the Authority was not required, as the Agency contends, see Motion at 16, to engage in further legal analysis before denying those exceptions. To the extent that the Agency is arguing that the Authority in CBP did not properly apply BEP's "reconstruction" requirement, FDIC explicitly rejected continued application of that requirement. See FDIC, 65 FLRA at 106‑07.
[7] Thus, we need not reach the question of whether the Authority should have barred the Union's § 7106(b) argument in CBP.


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text:
Sinn Fein leader Gerry Adams has confirmed that Northern Ireland Deputy First Minister Martin McGuinness is to meet Queen Elizabeth during her visit to Belfast next week.
The meeting will take place at the Lyric Theater in Belfast at an event sponsored by Co-Operation Ireland. Ireland's president Michael D.Higgins will also be in attendance
During a press conference on Friday afternoon, Adams confirmed that McGuinness will shake hands with Queen Elizabeth II next week.
However, there appears to be some question over whether photos of any handshake with the queen will be released or not given the political fallout for Sinn Fein.
The Queen and her husband, Prince Philip, will visit Northern Ireland on Tuesday and Wednesday as part of her United Kingdom-wide tour to mark her Diamond Jubilee.
Adams described it as a significant initiative involving major political and symbolic challenges for Irish republicans. He said it was the right decision at the right time and for the right reasons.
When asked by reporters if McGuinness would shake hands with the head of the British Monarch, Adams replied: "Any time any republican is involved, they fulfil the civic niceties, and we shake hands."
The meeting will take place at an event hosted by Co-operation Ireland which will will celebrate the arts and culture across Ireland.
"Because this involves Martin meeting the British monarch this will cause difficulty for Republicans and nationalists who have suffered at the hands of British forces in Ireland over many decades," Adams said in a statement.
"However, in the context of conflict resolution and national reconciliation, as well as our own republican national objectives, the Sinn Fein Ard Chomhairle agreed that Martin should accept the invitation.
"This is a significant initiative involving major political and symbolic challenges for Irish republicans."
This will be the first time for the Queen to meet a senior figure of Sinn Féin and a past member of the IRA, who killed her cousin Lord Mountbatten in Sligo in 1979.
Adams said that the unification of Ireland remained the party's prime objective and the decision reflected Sinn Fein's desire to embrace their unionist neighbors.
"I understand full well that this decision will be very difficult for people, especially victims of British crown forces. They will have genuine and understandable difficulties," he said. "It's very clear that these legacy issues will have to be dealt with. Today's decision is the right thing to do at the right time and for the right reasons."
The Sinn Fein leader asked for party members to respect their decision.
"I ask all Sinn Féin members and all republicans to support this initiative."
Speaking about the announcement from Scotland at the British-Irish Council summit, Prime Minister Enda Kenny said the decision reflected a modern Ireland.
"The queen herself, when she spoke in Dublin Castle, said in hindsight if we could do things again there are some things that we might do differently, and some things that we wouldn't do at all. We're in a very different space in 2012. We're in a modern era."
The venue for next week's meeting is yet to be confirmed by Co-operation Ireland, a charity dedicated to peace and reconciliation in Northern Ireland and the Republic of Ireland.


text:
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Also available (as described by mythfrontend --help) is a geometry setting to allow you to resize the mythtv GUI:
e.g. mythfrontend --geometry 1280x720
To start mythfrontend at 1920x1080 with the Minimalist-wide theme, use mythfrontend --geometry 1920x1080 -O Theme=Minimalist-wide


text:
Thursday, June 5, 2014 11:30 AM to 12:00 PM
Issue teams are comprised of participants from all National Health Council (NHC) member categories. Issue teams are charged with exploring select topics recommended by the Government Relations Affinity Group (GRAG) each year.
For more information, please contact Eric Gascho at email@example.com.


text:
The scene: You're the teacher in that Connecticut classroom and a young man with a dangerous-looking gun bursts through the door.
The action: Your amygdala sends its messages. Do you take flight or give fight?
CUT!!! the director screams before the amygdala's other message gets through your reasoning brain.
Please, no statistics.
Views: 630
I'm a teacher. Haven't always been a teacher - but I am now. There was a time in my life that my line of work required "lethal force training" - weeks spent learning how to defend yourself (and others) in case of the gravest extreme.
I'll tell you this - it is incredibly difficult to shoot at the human form. "Do not aim this weapon at anything you do not wish to see destroyed" - and you want to talk about what your brain does then?
I'd be far more ready to throw my body betwixt gunman and child than I would open fire.
And honestly - do we really think the best thing for our children is to be caught in crossfire?
Thank you, Timmie, for helping to free the discussion here on gun control from being solely an intellectual exercise.
My wife taught fifth grade. Though my day job was in computers I taught evening adult classes. There were very few mass shootings then; none were in schools.
Were I teaching now I would want a non-lethal, but effective, weapon to stop an armed intruder. That arming teachers with such weapons hasn't been proposed says something about today's America, or it says I missed some of the conversation.
Shooting at the human form is difficult even in war. According to military records, many front line soldiers don't shoot to kill; they fire in the direction of the enemy and rely on fellow soldiers to kill.
The prospect of being drafted into the Army and looking at the men I would have to kill was part of the reason I joined the Naval Reserve. During the Korean War I was a shipboard electrician and the closest I came to shooting was keeping gun turret electrical batteries (heavy duty automobile batteries) charged so the the turret guns could fire if the ship's generators failed.
I have for years seen voting as choosing between soft-headed liberal candidates and hard-hearted conservative candidates. Any gun control laws we get will, I suspect, seem soft-headed to some of us and hard-hearted to others of us.
Again, Timmie, thank you for your contribution to the discussion.
I was a high school teacher for 30 years and I can't imagine a gun toting teacher(s) would be anything but a tragedy waiting to happen.
1) There were many of my colleagues who couldn't be trusted with anything more lethal than a piece of chalk – many of them would be the first ones "packing heat"
2) Even an expert marksman - including police officers. -would hesitate to shoot in a crowded school environment.
3) High schools are meccas for stealing "shiny objects" and handguns are very, very shiny
4) It's the dumbest idea since "No Child Left Behind"
For every problem there is a simple and direct solution.
If the problem is a person entering a school with weaponry, then the solution is the prevention of people with weapons entering schools.
To achieve that solution you post individuals with the means of preventing the weaponized person entry to the school.
Arming school personnel is merely a response to an armed individual already having gained access to the school.
Posting guards at schools who possess the wherewithall to keep an armed individual out is a simple and direct solution.
Currently we are pretty successful keeping gunners off planes and out of government buildings. And once we learn how to effectively keep gunners out of our schools, we can expand that knowledge to stadiums, theaters, arenas, libraries and all public places.
If we can't control the guns, we will be forced to learn how to control the movements of those individuals who insist upon carrying them.
At this point in time I reluctantly agree with Wayne LaPierre (NRA) about the best way to keep gun toters out of our schools. He probably doesn't foresee the unintended consequences of applying that idea to the rest of human activity.
Matthew, our vulnerability on planes and its many costs can be attributed to decades of American foreign policy.
Here's one severe instance of that foreign policy.
In 1953 our CIA overthrew an elected Iranian government because England didn't want to pay Iran royalties for oil as high as the US was paying Saudi Arabia. (BTW, England's Anglo-Iranian Oil Company was also treating its Iranian employees the way America's robber barons treated American workers in the late 1800s.)
We installed a tyrant and we trained his secret police. Soon after his overthrow 25 years later, America admitted him, perhaps for medical reasons. This so angered young Iranians that they took over our embassy. Religious extremists took over Iran and have since then been extracting revenge.
It can NOW be argued that, in those early years of the US/USSR Cold War, America feared a Soviet takeover of Iran and its oil, but that argument wasn't made then or in any of the histories I've read.
I agree with your remark about assholes being remembered in history, but through much of America's history, some of those assholes have been US government employees.
No, I don't believe 9/11 was an inside job. The irony you mention is a bonus; the hijackers won that point.
Asa, to a request for feelings you responded with thoughts -- LaPierre's too-simple thoughts.
Though I am an NRA life member, I fault LaPierre for talking like a more like a gun salesman than a problem solver. His failure to consider costs and consequences testifies to his irresponsibility and maybe to his desperation. He sounds like a failing salesman.
I appreciate your recognizing unintended consequences. I'm puzzled by your seeming support for a solution that's certain to have such consequences.
Have you heard anyone proposing non-lethal ways to keep armed individuals who intend harm out of schools? Provided they are effective, non-lethal means tend to cost less and have less severe consequences.
I hate to admit this, but my first reaction has always been flight. Usually it is followed by ambush. I can't bring myself to fight a fair fight. I like winning too much(especially if it means living). Unfortunately it doesn't do the kids in that classroom much good. But it would help the ones the next classroom over.
Reply to Tom Sarbeck
Believe me, I am the first to be reluctant to admit to having similar "thoughts" as LaPierre, but if I responded with "feelings" I wouldn't be a good rational logical atheist . . . which I have observed to be a goal here at A/N.
ThatBeingSaid, I have tried to discipline myself to solve problems in the most effective and immediate manner. Then I can turn my attention to long term solutions.
Right now, if you don't want people with guns in a school, you prevent people with guns from entering the school.
We can do that. Now.
I perceive that the "failing salesman" pitch is the one that advocates arming school personnel with more guns to react to a gunman who has already gained access to the school. That's not really solving the problem, but it would sell more guns.
The "unintended consequences" of which I spoke, would be LaPierre's policy applied to all public places. . . like malls, theaters, stadiums etc. Pretty soon the gun toters would find themselves without access to shopping, movies, concerts, athletic events . . . "You check your gun at the door or leave it at home, 'cause you ain't getting in here with that Glock in your armpit" . . . I'm sure an "unintended consequence" to Mr. LaPierre, but one with which I would be comfortable.
And no, I know of no "non-lethal means" of keeping a heavily armed determined individual out, who is bent on getting in.
If you are committed to saving children's lives, cost considerations are way down the list.
"...if you don't want people with guns in a school, you prevent people with guns from entering the school. We can do that. Now."
You supported your remedy as poorly as LaPierre supported his.
School buildings have multiple entrances and many individual classrooms have two doors to the outside. So in what way(s) and at what cost can we do that now?
Please don't ask "How much is a child's life worth?" It's a question.
If you know of no non-lethal means, you've done your "homework" as poorly as LaPierre. Are you trolling?
Tom Sarbeck quotes me:
"...if you don't want people with guns in a school, you prevent people with guns from entering the school. We can do that. Now."
and then criticizes:
"You supported your remedy as poorly as LaPierre supported his."
We're keeping people with guns off planes, and out of government buildings, and we are doing that now. Why do you think that I need to support this remedy with more evidence than you or anybody else can go and observe for themselves? What's wrong with you?
"School buildings have multiple entrances and many individual classrooms have two doors to the outside. So in what way(s) and at what cost can we do that now?
Please don't ask "How much is a child's life worth?" It's a question."
The school two blocks from me has one way to get in during the school day, but if you have multiple entrances that cannot be secured, then you have to hire multiple guards. This isn't rocket science.
America is the richest damn country in the world and you can't get past obsessing about a few bucks??
"If you know of no non-lethal means, you've done your "homework" as poorly as LaPierre."
Homework? This needs more research? What more information do you require to help you grasp this simple idea? Why is this so difficult for you to understand? Is it too simple for you to accept??
There are dozens of Corporations that specialize in security, and that know how to keep unwanted people out of buildings.
"If you know of no non-lethal means, you've done your "homework" as poorly as LaPierre."
Non-lethal like a "gun free zone" sign, or should the guard wag his finger at the guy with an AR-15 and say " no, no, no, you can't come in here? Maybe he could kick him, or slap him? If you're so smart, how would you keep a determined, well armed nut case from entering the school down the street??
Are you trolling?
And no, I am not a troll, and you don't have to resort to insults because you fail to understand a simple idea. . . . besides missing the whole point of my post which was glaringly critical of LaPierre.
Asa, your words support my conclusion that you do have feelings on this subject. However, people who would remedy problems, such as legislators, need more than feelings.
Preventing people with guns from entering schools requires legislation, people, and money.
Your plan does have benefits. They include huge employment increases for guards, their managers and their trainers, huge sales for gun manufacturers and returns for their owners, and another place for China and other lenders to park their excess money.
Your plan also has costs. America is not the richest damn country in the world. If I can trust the news, America is the most indebted country in the world. Your "few bucks" will increase to many hundreds of millions. When you have decided how many guards you will post, you can begin to estimate the cash costs.
There are certain to be "friendly fire" consequences. They will cost more than just money.
That is some of the homework that neither LaPierre nor you did.
BTW, I asked "Are you trolling?"
Had I said "You are trolling" you could have correctly said I drew a wrong conclusion or insulted you.
I don't mean to deflect from the subject of this forum, but it is such a common argument against almost any improvement to the common good that I must point it out that when you say:
"America is not the richest damn country in the world. America is the most indebted country in the world."
I would argue the fact that America can indebt itself so greatly is only because of the almost incomprehensible assets that America possesses.
If you have $1.00 to your name, you will be laughed at if you ask to borrow $1,000.00.
America's debt is a spit in the ocean when compared to the value of its assets. That's why other countries are so willing to "loan" America money (actually invest), even at today's low interest rates, and why America should be borrowing more, now, to invest in its infrastructure instead of worrying about its "debt".
Your argument that it would be somehow too expensive to guard our schools is without merit.
Oh, and BTW back to you:
"BTW, I asked "Are you trolling?"
Had I said "You are trolling" you could have correctly said I drew a wrong conclusion or insulted you."
That you "asked" has implications.
What implications would you draw were I to ask: "Are you an idiot?"
Just askin' . . . not insulting.
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PHILADELPHIA -- PhiladelphiaEagles.com is reporting more details following USA Today's announcement earlier that former UNH assistant football coach Chip Kelly has reconsidered and will sign on as head coach of the Philadelphia Eagles.
From PhiladelphiaEagles.com:
Chip Kelly, known for possessing strong leadership and one of the most innovative minds in football today, will be the new head coach of the Philadelphia Eagles - the 21st head coach in the franchise's history.
Kelly - with his fast-paced offense and aggressive play calling – has been the head coach at the University of Oregon. He met with Eagles owner Jeffrey Lurie, team president Don Smolenski and general manager Howie Roseman early in the head coach search in Arizona after the Fiesta Bowl for almost nine hours with both sides engaging in a wide ranging, enthusiastic discussion of everything from football philosophy to management and organizational values and ideas. The conversations continued until Kelly decided he wanted to remain at the University of Oregon.
Still, Kelly continued to evaluate the opportunity to work for the Eagles in the NFL.
"Chip Kelly will be an outstanding head coach for the Eagles," said Lurie. "He has a brilliant football mind. He motivates his team with his actions as well as his words. He will be a great leader for us and will bring a fresh, energetic approach to our team."
This will be Kelly's first head coaching job in the NFL.
The 49-year-old Kelly has been with the University of Oregon since 2007, including the last four years as head coach. Kelly compiled an astounding 46-7 (.868) record as head coach of the Ducks as he solidified that program as one of college football's elite. He also worked as the team's offensive coordinator from 2007-08.
Before joining the University of Oregon, Kelly was the offensive coordinator for the University of New Hampshire, his alma mater, from 1999-2006. He was that school's offensive line coach from 1997 to 1998 and its running backs coach from 1994-96.
Over the years, Kelly has developed an aggressive offensive strategy. Kelly is one of the most progressive thinkers in football today. A strong leader with an innovative football mind was at the top of Lurie's list when he outlined the characteristics he was seeking in a coach when he launched the search.
Under Kelly in 2012, Oregon averaged nearly 50 points per game (49.6) and his four-year scoring average with the Ducks was 44.7 points per contest.
His first coaching job was with Columbia University where he was the outside linebackers coach and the strong safeties coach in 1991. In 1993, he was the defensive coordinator at Johns Hopkins University.
Kelly graduated from New Hampshire with a BS in Physical Education in 1990.
The Eagles will introduce the new head coach to its fans as soon as arrangements can be made.
Kelly changes mind, named new head coach of Eagles
PHILADELPHIA -- PhiladelphiaEagles.com is reporting more details following USA Today's announcement earlier that former UNH assistant football coach Chip Kelly has reconsidered and will sign on as head coach of the Philadelphia Eagles.


text:
Great template and perfect for business company and can be used in amagazin , these templates are fully layered with photo replacement can be done easily as they are in smart object layers .File Included 2 PSD files with 2 colors , 1 preview image and Readme file ..
Flyer Details
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Fonts used:>• Bree Serif • Open Sans (links how to get the fonts are provided on the readme file). Sample photos used on the preview image above are NOT included in the downloaded package. They are used for illustration purpose.
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text:
If you have ever tried to grow a few tomatoes here in metro Atlanta, then you probably know how grateful the squirrels are for the easy handout.
I was in denial at first. It was about six years ago that I began to notice my produce mysteriously disappearing from the vine. At first I thought–in true, scary, cranky old-lady gardener style–that some pesky neighborhood brats were sneaking onto my property and raiding my patch. Then I decided if some poor starving person (or teenager who suddenly craved my tomatoes instead of fast food) was going to all that trouble to take my vegetables, he or she needed them more than I did. I tried to make peace with it.
But then one summer morning, from my upstairs window, I saw what was really going on.
That little bastard was hanging upside down by his toes from the tomato cage, plucking a nearly-ripe fruit from the vine, taking one bite, then throwing it down on the ground. Taking another nearly-ripe fruit, one chomp, toss. No compunction whatsoever about the abundant waste, not to mention the flagrant theft. No consideration at all for the fact that I had, back in January, carefully selected those seeds from the bedazzlement that is the Totally Tomatoes catalog, nestled them in organic seed starter on top of a warming mat and under a grow lamp in February, transferred the delicate little seedlings to larger containers in March, and finally in late April moved my green toddlers out into the sunshine and prepared earth. All that work so that the evildoers could steal my fruits–every single one.
And they didn't stop there. Once they had wiped out the tomatoes, they moved on to the squash, cucumbers, lettuce, chard, kale (anything leafy green, really), peppers. During the summer droughts of 2006 through 2008, they would dig up entire plants and gnaw on the roots. (I placed shallow pans of water for them outside in hopes of deflecting their interest. They thanked me then went back to decimating my green bean population.)
After three or four years of watching my optimistically started spring gardens reduced to vast wastelands, it finally got to me. I would come home from work after thinking all day about the delicious pasta sauce I would make that night–or the fabulous stuffed chard leaves, or just a salad of fresh cucumber–only to find stuff half-eaten, fruits stripped off their plants, plants dug out of the ground. I'd stomp and yell and shake my fist while the squirrels sat nearby and laughed and chattered. Tears actually flowed along with the curses.
And then there was the evening I stood, bereft, under the oak tree near my kitchen patch, my eyes scanning the landscape for the giant almost-ripe mortgage lifter that had been there only hours before, when a mushy bit of its remains fell out of the tree and landed on the ground in front of me. A final, cruel insult.
Friends and neighbors had many creative suggestions. The best idea (supplied by my dear friend the executive director of the Oakhurst Garden) was to pay the seven-year-old kid next door to sit in my yard all day with a BB gun and have at it. His unenlightened parents, however, did not see fit to take him out of school for said violation of child labor laws. Others suggested I get cats, not knowing that indeed I already have two cats, who lounge in their window bed and watch the squirrel raids for recreation between naps. If I happen to be around, they say, "Hey–look. Those squirrels are eating your garden. You really should do something about that." Then they turn over and go back to sleep. Helpful, those guys.
I hunted around on the internet for solutions and ended up paying actual money for (hold your nose) granulated fox urine. Turns out you can get anything on the internet. I sprinkled the granules throughout and around the garden. The cats informed me that it stunk to high heaven and then turned over and went back to sleep. Caleb, my Australian shepherd, thought it was the most Exciting! Smell! Ever! And could he have a little with his dinner? The squirrels, on the other hand, didn't even seem to notice and continued to cut their swath.
There were other ideas: dried blood spray (as effective as the granulated fox urine). Plant double everything so that there's enough for me and the squirrels (I got double squirrels). Used cat litter (Caleb thought he'd died and gone to heaven). Human hair clippings (actually worked on direct-sewn seeds until they sprouted). My Rabun County friends had lots to say about .22s and squirrel stew (the .22s are illegal to fire in these here parts, and I haven't adjusted to the idea of squirrel stew just yet).
It was while watching a PBS special on Ronald Reagan and his crazily misguided Strategic Defense Initiative that it came to me: I needed to intercept the missiles before they got anywhere near the garden. To paraphrase the Great Communicator himself, I needed a program to counter the awesome squirrel threat with measures that were defensive.
What I needed was an SDI for my garden.
Since I couldn't get permitted for satellites with laser beams, I settled for a giant nylon tent made of garden netting. After pondering on it for a few months, my then-boyfriend and I hatched a plan, which we implemented last March.
The Squirrel-Proof Net Tent is made of nylon garden netting, PVC poles secured into the ground with some short lengths of rebar, some of those plastic lock ties, and a few garden fabric pegs. To add a little prayer to my pragmatism, and to let the squirrels know I wished them no ill, I festooned the whole thing with a few strands of Tibetan prayer flags.
Yessiree, folks had their doubts. My father told me I shouldn't underestimate the ingenuity and determination of a city squirrel (this is the man who once built an entire carnival for the squirrels in his front yard–zip lines, ferris wheels, whirligigs–all baited with dried ears of corn). Others delighted in reminding me that squirrels can dig, chew through wood, and fly through the air. They were sure the squirrels would chew holes in the net.
O ye of little faith. Ye just want the terrorists to win.
But I had faith. I planted strawberries, Swiss chard, beets, salad greens, and my beloved tomato plants. Then I got really bold and put in four rows of corn. Cucumbers, squash, peppers, sweet potatoes. Then I held my breath. And guess what? It all grew. Thrived, even. I had a gorgeous tomato crop, and even the corn was delicious. I had won!
And then one night the outside light over my driveway threw a few sparks and died. The squirrels were mad. Livid. Banned from my garden, they took their frustration out on my wiring. Chewed right through the insulation. Got it fixed. Chewed threw it again. Have to fix it again.
And so, the squirrel wars continue. A few holes did appear in the Squirrel-Proof Net Tent by this fall, and the insurgents did do some damage to my broccoli crop. I patched it up this past weekend, however, so we'll see if she holds.
Maybe I'll get new prayer flags. Or a hired gun.


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Weekly merger, acquisition, deal update: September 28
This week Morrissey Goodale tracked one domestic deal and two international transactions. This brings the total year-to-date deal count in the United States to 129, up 6% over the 122 domestic deals tracked through the same period in 2011. Including the U.S., the total global deal count is now 238, down 3% from the 246 global deals tracked through the same period last year.
What do project owners REALLY think of AE firms? Find outin Morrissey Goodale's 2012 A/E Industry Customer ServiceReport Card! In this economy, the pressure is on to perform. Project owners demandsuperior technical services, personnel, project management, quality, and astonishing service from their A/E consultants-every time. To find out how customers rate the A/E industry in 2012, click here.
M&A Transactions
Leading international geophysical services and equipment provider CGGVeritas (Paris, France) entered into an agreement to acquire the 2,500-person geoscience division of global geoscience and geotechnical consultancy Fugro (Leidschendam, The Netherlands). Through the transaction, which excludes Fugro's multi-client library and Ocean Bottom Nodes business, CGGVeritas will become a fully integrated Geoscience company with a leading position in the integrated geology and geophysics and reservoir market. The gross amount of the transaction is $1.54 billion, to be paid for in cash and financed through both equity and debt. For the twelve month period ending December 31, 2011 Fugro's applicable geoscience division generated revenue of $1.28 billion and EBITDA of $206 million. Link to details
Leading international energy services company Wood Group (Aberdeen, Scotland) agreed to acquire Mitchell's Oil Field Services (Mitchell's) (Sidney, MT), a provider of maintenance, installation and fabrication services in the oil-rich Bakken shale region of North Dakota and Montana. Mitchell's, currently owned by private equity group Stone Arch Capital (Minneapolis, MN), will operate within Wood Group PSN and will complement the division's existing operations and maintenance, construction supervision and survey services in the region. Wood Group is a 41,000 person international energy services company that features three businesses providing engineering, production support and maintenance and repair services to the oil and gas and power generation markets worldwide. The acquisition of Mitchell's is in line with Wood Group's strategy to expand presence in the US oil shales and follows the firm's purchase earlier this year of Duval (Houston, TX), which services the Eagle Ford shale region in South Texas. Link to details
Global multi-discipline technical consulting firm The AF Group (AF) (Stockholm, Sweden) acquired 100-percent of the shares in Demikon D-Miljo (Malmo, Sweden), a 16-person environmental engineering company focused on soil investigations, remediation inspections, licensing, remediation solutions and environmental building investigations. The acquisition is in line with The AF Group's continued ambition to become a leading player in environmental consultancy market. Link to details
In an interesting note for the industry (though not considered a deal for the purposes of this update), engineering software provider AVEVA (Cambridge, United Kingdom) signed a strategic Memorandum of Cooperation (MOC) with China Nuclear Power Design Company (CNPDC) (Beijing, China), China's first professional nuclear power design company and a strategically central entity within the GuangDong Nuclear Group, China's second-largest nuclear player. As part of the MOC, CNPDC will employ AVEVA's PDMS software for its Westinghouse and Chinese 3rd generation nuclear projects. CNPDC features full certification in engineering consulting (Class A for nuclear thermal power, Class C for hydroelectric power), engineering design (Class A for thermal power generation, Class A for nuclear reactor engineering, Class B for construction engineering) and a design license in mechanical equipment for civil nuclear safety. Link to details


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Looking for a new towing vehicle
Hey, guys. I'm thinking of maybe purchasing a new towing vehicle for my Maristar 230. Right now I have a 2004 4runner with 235 hp V8 and 320 lb-ft of torque at 3400 rpm. It's getting close to 90K miles and never had an issue, but it's going to need a new set of tires soon and the 90K mile service is going to run about $1K. Thus, I'm thinking of trading it in and possibly getting something that offers better towing capability.
I know there is a "show your rig" thread but I was really hoping to get honest, open opinions on all of you who drive and tow with possible replacement vehicles (Ford F150, Toyota Tundra, Chevy Tahoe or Silverado)? Also, how well has your vehicle held up for you or what have you had to do to it over the life of the vehicle? I have read review sites, but wanted to hear from real owners with 1st hand experience.
I feel blessed that the 4runner has never given me any issues except for routine maintenance and I hate to see her go but I'm just not sure it's the right vehicle to keep towing my boat with.
Thanks and I'll hang up and listen.
Last edited by Hogwild; 06-25-2012 at 09:47 PM.
For pickups, it's hard to beat the new F-150 with the Eco-boost engine. I don't own one myself, but 2 of my friends have them (one guy is a Ford master tech) and they love the way they drive and tow. Torque that rivals the diesels, 18-19 mpg back and forth to work and even better highway mpg.
Late 2013 (2014 models) GM is changing the pickups and suburbans, plus word is the new engine will have close to 400 hp. I'm waiting.
Also, late 2013 (2014 model) the Ford Expedition is scheduled for a facelift, with the possibility of the Eco-boost engine available in it too. I'm waiting.
If you're shopping used, it's hard to beat the '07-current Tahoe/Suburban/ 1/2 ton GM trucks. I have an '07 Suburban 5.3 liter and it's a good driver. Gets 17-18 mpg highway solo, 13.5 mpg towing my prostar on the highway, but only 10 mpg towing the X-star. Not a ton of power but it gets the job done....for now
I was njskier on here.
Vehicles I have used to tow my maristar 215.
07 dodge mega cab 5.9 cummins
08 silverado z71 5.3l 4 spd transmission
2010 dodge hemi half ton (new body style)
2011 GMC sierra 4x4 6.2l 6 spd.
Diesel obviously had the best capability towing. The worse was hte silverado with the 5.3 and 4 spd. The best truck I have towed with yet was the dodge half ton, of the gas engines. It was a great truck fit and finish, extremely smooth riding, and great mileage. Pulled the boat great! 18 or so 50/50 hwy and city driving. around 10-11 towing.
My current rig is the 6.2l sierra and it tows it fine. Just don't like it as much as I did the dodge half ton. The dodge's ride was much better, gas mileage was better empty and towing, and truck was a little better fit and finsih. Yes, I was as shocked as anyone else to see dodge finally getting it together with the fit and finish.
I have a keen interest on the eco boost motor fords. I was trying to get one hard when I bought my sierra, but they were just coming out and not willing to negotiate. I will possibly be enertaining getting one next year. The reviews of MPG are iffy right now. Some guys are swearing by 22 and some swear they cant get better than 15. I have honest and trust worthy friends that know vehicles that are both sides of the spectrum. If someone could guarantee me 20 out of truck on the hwy with that power I'd own one tomorrow.
Hogwild, your screen name anything to do with the razorbacks? If so where do you live? I am from Arkansas and graduated from the U of A.
Last edited by onebadrubi; 06-25-2012 at 11:45 PM. Reason: adding something
I'm a GM guy through and through. My tow rigs (for my X-45) have gone from an '02 Escalade (6.0) to an '02 Suburban (5.3L), now to an '05 Escalade ESV (6.0L). When my rig isn't available (wife is toting kids around), I have my buddy pull it with his Tahoe. The trucks have never let us down and the longer wheelbase in the 'burb and Escalade is quite helpful when pulling long distances in variable conditions. I will say that I am a bit slower over mountain passes with the 5.3L, for obvious reasons, and when my Suburban ventured above 175,000 miles this spring I knew it was time to move on.
My vote is GM, but then again I am biased.
Day1 Wakesurfers
You'd need to give more specifics like budget, where and how you tow (hills, long or short distances, etc) and other needs for your truck (seating capacity, do you need it to be a p/u) to get a more tailored recommendation.
I've always been a Toyota guy myself. They cost more up front for sure... Tend to hold resale value much better than GM or Ford, so arguably you get your money back, or at least thats the argument i always use with my wife to justify why I bought the more expensive car. It does seem to be born out by my experiences versus friends who bought GM and Ford, but maybe it's luck or I take better care of my cars than they do. My experience is similar to yours with your 4Runner that they have been extremely reliable.
The other knock I'll give Toyota is that at least until the 5.8L engine they put in the newer Tundra, Sequoia, and Land Cruiser they really weren't a great tow car. The engines are wonderfully smooth and quiet for normal or even off road use but weren't blessed with much torque to tow heavy loads. I've heard good things about the 5.8L engine but have not towed with one myself, just test drives.
I have 2010 Toyota Sequoia towing my X-15. It has the 5.7L and tows it perfectly. The Crew Max Tundra works great as well if you stay with Toyota. You weren't lucky with your 4runner. To never have a problem out of a 4Runner is normal.
I prefer 3/4 ton for all the right reasons - the DuroMax 2500 Crew.
I keep looking the 2500 series Suburban - one of these days.
Like Kgrove said, we need to know what your budget is, towing distance, terrain, etc. I have towed 2 miles to 2,000 miles with 1/2 ton to 1 ton and everything inbetween. My vote is a 3/4 ton Diesel. More power than you know what to do with, no embarassing moments at the ramp because you cant pull the trailer up, seen that quite often... Great mileage for pulling, I get 18-20 pulling my 197, of course there is nothing stock with my engine either. That is another plus if your a gear head, diesels are relatively easy to get more out of.
If your 4Runner has not caused you any issues, why would you change from Toyota? I would look at the Sequoia or Tundra. I drive a Tundra Crewmax Platinum and love it.
I have a Dodge 5.9L 2500 diesel - 24 mpg overall(not towing), but I do have a manual transmission unlike most. 18-20 when towing a prostar, 16 when pulling 10000 lbs of camper. 610 lbs of torque with no mods, I'm sure the new models are all better than my 2005.
2000 SD prostar 205
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text:
Earlier this month, our Aquarium Conservation Team (ACT!) headed south to Virginia Beach for our annual sand dune restoration project. Our team, along with an amazing group of volunteers, focused their efforts on the eastern coast near the Naval Air Station Dam Neck Annex.
Coastal sand dunes are formed by the action of sea and wind. Dunes protect the land by acting as natural barriers to salt water intrusion and sea wind erosion. The sand dune system absorbs energy of the waves and without this protection, the soft coastline would disappear rapidly. Even small disruptions in the dune system can cause salt-water infiltration into the ground water, threatening local farmlands.
Although sand dunes may appear to be lifeless, in reality they are home to a multitude of species! Their importance has been acknowledged over the last years and they now are priority habitats for conservation.
Over two days, Aquarium staff partnering with Naval Air Station Dam Neck Annex planted 25,000 native grasses including American Beach Grass and Switch Grass. The Aquarium has partnered with the US Navy for the last 10 years. Big storms like Hurricane Isabel have ravaged the area in recent years, making restoration of this habitat even more of a vital need!
We can't wait to return to Virginia Beach and continue our dune restoration at NAS Dam Neck Annex. Join us in 2013!
Can't wait that long? Click here to find out about our upcoming conservation events!


text:
Sorcery to cast a spell on Move in May
Sony's PlayStation Move-exclusive RPG Sorcery will be released on May 22nd in the US.
The game was first unveiled during E3 2010 among the first line-up of titles that would use the PS3's motion controller.
It was originally due on shelves last year, but dropped off the radar. Now it has resurfaced with a summer release date.
The date was revealed by the US PlayStation Blog. A UK release date hasn't been given, but it's likely to be May as well.
In Sorcery, players take on the role of a sorcerer's young apprentice that accidentally unleashes an evil monster. They must defeat this creature and its minions with a vast array of spells. They can dictate the direction and power of their magic using Move's one-to-one controls.


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Roger Porter was summarily dismissed from his position as restaurant reviewer, with some clues as to the future direction of the paper.
"I was told, in an email from the current editor of The Oregonian's A & E, DeAnn Welker, that my services were no longer wanted at The Oregonian, and she was terminating my relation with the paper. I have come to the conclusion that this is not a good fit. It is clear to me that we are going in a different direction from the past, she wrote me. And again: We are radically changing the way we cover dining and restaurants. That changing direction means, as Welker told me in person, that The Oregonian intends its restaurant coverage to be aimed at ordinary people. It will henceforth meet the needs of readers who go to the places where most of the people go [...] we had had some disagreement over the papers forthcoming increased attention to restaurants in the suburbs and to chains, at the expense of coverage of Portlands extraordinary restaurants. She was insistent that The Oregonian would embark on a new course and this appeared to signify in part a new regime."
"The Oregonian, under Karen Brooks superb editorship, produced strong, dedicated coverage of a restaurant scene that has made Portland one of the great food cities in America. It is clear that the papers new policy aims to counter what Welker and her cohorts believe has been an excessively elitist point of view regarding restaurant reviewing. The new direction was evidently symbolized by the dismissal of Brooks some months ago. Coverage of new restaurants will continue, but in a greatly reduced fashion. In its place there will be more A & E dining articles on such subjects as how to assemble a tasty picnic. This shift cannot be good for the morale or the business of the extraordinary restaurateurs of the city, and signals a remarkable indifference to the great food city Portland has become."
Is "Battle of the Cheesesticks: Applebees vs. Chili's" in our fair paper's future?


text: my baby is 4 months old, i have breastfed him since day one. i work full time 8am-5pm monday thru friday, and pump at work. My mother in law watches him while my husband and I are at work, and I get the privledge to go home at lunch and feed him. he seems to be on a great schedule; he eats about 7-8 times daily. Lately I feel that I just cant produce enough milk. Im so full in the morning (around 6/630am) because he basically sleeps thru the night,so I know he gets enough then. He then eats around 930/10am and I pump at work around the same time. I can only get 3-3.5oz combined from each side. At lunch, I go home and breastfeed him, and sometimes he seems like hes still hungry. When I pump in the afternoon, i can only get the same amount of milk (approx 3/ 3.5 oz). I have tried eating oatmeal, I drink plenty of water at work, Im currently taking brewers yeast AND fenugreek.I have had to resort to supplementing with some formula sometimes when he still is obviously hungry which I am not happy about. I feel that Im pumping consistantly at work, and it just doesnt seem like enough. He has been gaining weight well. What else can I do to help increase my supply? Is it possible that he is ready for rice/oatmeal cereal? I need major help because I am feeling really guilty about giving him formula and not being able to produce enough to provide for my child when I was producing 5-6oz of breastmilk before.I feel like a failure!


text:
<—Home is a Refuge for Friendless Girls Life in a Wartime Nursery—>
Olga's Diary (Continued)
Dear Diary
Marie: So many people were in the labour room of St Mary's Hospital, Paddington, three medical students watching as part of their training, two nurses, Sister and a doctor. After eighteen painful hours it was it was nearly over.
"One good heave now Olga. I can feel the head" the doctor said and then finally the baby slipped out.
Before the mouth and nasal passages were cleared Sister had slapped the baby on its bottom and it cried immediately. Then it was weighed, washed and wrapped in a blanket and handed to me – I had a baby girl. I was frightened holding her because she was so small and I thought I would hurt her.
"Babies are tough, Olga. Give your daughter a cuddle" Sister said kindly. I wish Mammie could see my tiny, perfect little daughter.
Dear Diary
I've christened my daughter, Marie-Thérèse, after my favourite nun at Alpha Academy and I've had to register her birth. When the Registrar asked me the father's name, I just shook my head. I felt ashamed, but he was a kind man and patted my hand and gave me a little smile, but his act of kindness made me cry. I have no idea how I am going to look after my baby. I have no home, no money and no job.
Then the problem was solved for me. Miss Franks came to me and said that because of my circumstances, my baby would be taken from me and put in an orphanage to give me time to think about whether placing Marie for adoption was best for her. She also told me that Matron from St Giles had said I could work at the hospital, as a maid, for a short time, which would give me some money, and I could stay in the refuge for a while until I came to some kind of decision about Marie.
I've asked Miss Franks if she could arrange for Marie to be baptized at St James's Roman Catholic Church in Spanish Place and Moores said she would be Marie's godmother. Immediately after Marie was baptized I handed her over to a complete stranger to be taken to an orphanage in a place I'd never heard of, Gloucester. If Moores hadn't been with me I think I would have ended my life then.
"In Jamaica we have Obeah men who can work evil against people who hurt you, you know, Moores. They can make bad things happen to that person. I only have to ask someone back home and it will be done."
"That's voodoo, Olga"
"Maybe it is, but I want to hurt him for what he did to me".
"Would it help if I pop into John Lewis and bought a little doll and some pins, then you can pretend the doll is John Edward and stick the pins in it."
"Don't laugh, Moores, believe me Obeah works, I know, I've seen it working" I told her. I looked at her and there was a little smile on her face.
"Forget all that rubbish Olga" she said putting her arm around me.
Dear Diary
Miss Franks wanted to see me. She showed me an advert from a newspaper. A toddler and baby nursery in Wimbledon wants help in its nursery and she thinks that with my nursing training I should apply for the job particularly as no school leaving certificate is asked for.
It is a private nursery in a very big posh house at the end of a long drive in Victoria Drive, I was interviewed by the two trained nurses who ran it called Sister Warner and Sister Pateman. The Sisters told me that the mothers of the babies at the nursery are in the navy or army and when they have finished their tour of duty, or the war is over, they will take their babies back again. I explained I had a little baby, Marie, and they said yes your little baby can come along.
Then they took me round the building and explained how the baby nursery takes babies from six months up to two years old. The baby room is on the top floor of the house and there is a play room next to it which is full of soft and wooden toys made by the local people living in the area and my bedroom is on the same floor.
Then they showed me around the toddler nursery which takes day children from two to five years of age. The children are able to come to the nursery any time after 7.30 in the morning and have to be picked up by 6 in the evening. The nursery is on the first floor and also has a playroom as well as a sleeping room for the children to rest in during the day. Each toddler has their own overall, towel and flannel, which is kept on their own peg. Sister Pateman and Sister Warner's bedrooms are on that floor.
On the ground floor are two bathrooms each with electric fires over the bath and the staff dining room. Next to the air raid shelter in the basement is the laundry room where there is a big sink with a wringer.
Each baby has its own cot and bedding and every day nappies have to be boiled as well as washing the cot sheets and towels. When I saw the amount of washing that had to be done I thought I can't do this job, I won't cope, but Sister must have seen my face, because she said I would not be doing the washing. A local girl comes in each day and does it and another woman comes in two afternoons a week to do the ironing.
"They were desperate for some help and you were a godsend to them Olga", Miss Franks said later.
For the first time in a very long time I felt happy, it meant free board and food for Marie and me and I got paid as well. I'd have done the job just for the board and food.
Six months after Marie was taken away from me I've got her back and I will never, never, never, EVER give her up again to anyone.
I miss my family.
<—Home is a Refuge for Friendless Girls Life in a Wartime Nursery—>
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text:
A poem for Indra
Posted: Mon Nov 29, 2010 1:15 am
Sharp, smooth, strong.
He smashes evil,
like a tornado through a landfill.
As smooth as a laser slicing through cream.
His eyes are like a peacock's eye,
Eyebrows like black daggers,
A body made of adamant,
Adorned with golden pearls,
His skin shines like sunlight at dawn
Passing faintly through stained-glass windows,
Flickering as the sun rises,
Surrounded by a dark cloud of jewels.
He could divide himself into countless beings,
All with such variation in nature,
Yet each would still be just as beautiful.
His voice is as soft as a flower,
Yet deep and booming like thunder.
If he gazed in the direction of Earth,
every woman on this planet
would faint for a thousand years.
It is said:
"His shadow is immortality;
His shadow is death."
Where he stands, death vanishes,
Then trails behind,
Like a pigeon or a dog gathering crumbs.
Indra is like Barack Obama
and Chuck Norris wrapped into one,
But even greater than that,
Because his domain is heaven,
and heaven is nothing like our world:
Our world of pus, bile, flesh, and phlegm.
Praise Indra, great king Indra:
May all demons fear his lightning,
May his rule last forever!
And may his mind be tempered
by compassionate equanimity!


text:
NHL Seems To Think Cheering On Your Favorite Team Is Infringement
from the insanity dept
"Consumers are likely to be misled that the Vancouver Canucks have an official relationship with your dealership," NHL legal counsel Kelley Lynch wrote in the letter.Plainly speaking, that's ridiculous. How long until fans will have to pay a team just to cheer them on? The dealership's manager points out the particular irony in this, since the team's slogan is apparently "We're all Canucks." Except when the lawyers get involved.
Ah, but that's not all. A radio station in Vancouver has also received a cease and desist letter from the NHL, claiming that a contest it was airing violated the NHL's intellectual property. The problem? The radio station was letting fans of the Canucks take a sledge hammer to a van that was painted with logos of the opposing teams that the Canucks were facing, and of course they're saying that the use of the logos is infringing. That is, once again, ridiculous. No one is going to think that's an "officially sponsored" contest by the NHL. It's just some fans cheering on their team.


text:
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text:
Replacing Floor Boards In A 1953 F-100
By John Niolon
After I drug my beauty home and rolled it off the trailer I started my
survey. At first glance the floorboards looked pretty sound. After I
removed the seats and scrapped off the rubber mats, it looked worse
than before but still not too bad. After I soda blasted the complete
cab I realized I had a sieve for floorboards. I was surprised I
hadn't stepped through them already.
thing rubber mats are good for is holding moisture and promoting
rust. Years of abuse and a half inch of crud in the floors
compounded the problem. No doubt they would have to be replaced.
floors are reasonably flat and neatly divided into three major
sections. #1 The sloped toe board section that starts at the bottom
of the firewall and extends down at an angle to the main flat
floorboard. #2 the front portion of the flat part that has the
transmission inspection/access hole in it and #3 the rear flat
portion where the seat is bolted on.
poking around with a sharp awl, we decided that sections one and two
had to go. The section beneath the seat was still nice and sound and
would make a good transition point for the added sections. The seat
has a raised rib across the width of the truck which strengthens it
and cuts down on the 'oil can' effect of a large expanse of flat
decided to use 14 gauge material (.0767) for the floor panels. It's
a little thicker than the original floors, but it will add a little
strength to the floor and mostly it was what was readily available.
plan was to use two separate pieces for the toe board and the
floorboard with a angled joint piece where the two came together.
The angled seam piece was approx. 3 inches high and as wide as the
cab and bent to the original angle (approx. 135°).
began by cutting out the toe board section first"¦( this isn't
my beautiful head"¦ but the hairline is the same)
next step was to cut out the floor section, but we were concerned
with the cab spreading so before we did the cut we added a brace
between the cab sides to prevent it from spreading. Unfortunately
the one-hour processor ate my film with these pictures, so I didn't
get pictures of these steps. A sketch will have to do here"¦
torch cut the area shown in the picture below and left a 1" lip
around the perimeter for support and to give us a clean edge to weld
against. It's hard to see in this picture but the sloped panel and
the flat panel are joined at their joint with a angled seam piece.
It will be apparent in further pictures when we cut the transmission
decided to cut around the cab mount points"¦ the metal there
was still in good shape and it would only make the job more
difficult. Your mileage may vary here.
the old metal was cut away, the new pieces were held in place and
marked for trimming, then tack welded in place. The final trimming
was done and the panels were stitch welded in place. We used roughly
a 3 on 3 weld (3" of weld every 3") the seams will be
filled with seam sealer (silicon, body seam seal"¦etc) for
water proofing and protection.
used the angled seam joint piece for convenience but it also adds
some structural strength to the floor panels. The double thickness
there stiffens up the floor and cuts down on that "Oil Can"
effect. It was first tack welded to the flat panel which was tacked
into the cab, then the sloped panel was set into the angled piece and
tacked in. It gave us a third hand to hold everything together.
the final fitting and grinding was done we cut out the brace inside
the cab and sprayed a coat of primer on both sides"¦ here's
what the final product looked like.
course all of this has to be done with the engine/transmission out of
the vehicle, or at least it's easier that way. You could make your
cuts for the transmission hole before installing the panels but it's
much more difficult fitting, grinding, etc. Another option would be
to jack up the cab above the transmission and do the work"¦still
more work. My truck was being done frame up so the engine and
transmission were not in the way.
you will have to install them to make the cuts and I decided to
remove the front cab bolts and jack up the front of the cab. Then
the engine and transmission were installed and the transmission hole
cut was measured and transferred to the floor boards. We found the
widest part of the transmission, added an inch to each side and
drilled through the floorboard at that point. Then from the top..
using a framing square we squared up a hole and marked it on the
floorboard. The toe board cut was a little more complicated since it
wasn't square and had to be cut around the bell housing. With some
preliminary measurements I made a "first cut" mark, knowing
some trimming would have to be made.
drug out the plasma cutter and made the main cuts in the floor board
and the preliminary cuts in the toe board. After doing this and
dropping the cab..checking clearances"¦ cutting again"¦checking
we came up with the final fit.
plan to use a metal transmission cover offered by Mid-50's F-100
instead of trying to roll/bend one of my own. Theirs is preformed
and looks very nice.. It also accidentally (and incidentally) fit my
hole !!
about the whole thing. It's not a terribly complicated project. A
plasma cutter would have made the removal a little quicker and a wire
welder makes the welding easier than stick welding.. If you need
access for master cylinder filling for an under cab booster, then
other holes need to be cut in the floor and access panels made. If
the rear portion (under the seat) needs replacing I'd stress using
adequate bracing inside the cab so the bottom does not spread and
distort the shape of the cab and really make a mess of your cab
mounting points. You probably won't notice it until you have the
panels welded in and place the cab and then the repair would be more
than any of want to tackle. Good luck!


text:
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meat cartoon pig vegetarian bacon harebrained
LOL. So sick, so awesome. :D
Do us all a favour and add this to the bacon group! http://www.redbubble.com/groups/the-bacon-group
So wrong! Love it! I would even leave "Meat" off. Just the pig waving happily from the grinder would kill! Nice work – the blood splatter is an especially nice touch :)
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text:
The recent turmoil in Iraq led many forecasters to predict that oil and gasoline could be headed for a substantial price increase. Jay Leno once joked, "Gas prices continue to rise. At the gas station near my house they have a slot for your credit card and one right next to it for your 401(k)."
The price of oil can be very volatile. Oil prices have a history of price spikes that are associated with geopolitical unrest. In 1979, the price of crude doubled to $38 per barrel. Using an inflation adjustment based on CPI data from 1946-2014 that equates to over $115 per barrel in today's dollars. Oil spiked again in 1990 during the Gulf War. In June 2008 oil reached an all-time high when it averaged an inflation-adjusted price just over $135 per barrel for the entire month.
Over 30 years ago, back in 1983, Dr. John Lintner of Harvard University did a study on asset allocation and concluded that investors could achieve superior portfolio diversification by adding commodities to a traditional stock and bond portfolio. He said, "Portfolios ... including judicious investments ... in leveraged managed futures accounts show substantially less risk at every possible level of expected return than portfolios of stocks (or stocks and bonds) alone."
Several years ago, it wasn't that simple to add commodity exposure to your portfolio. You had to use a managed-futures fund and most of them had very high expense ratios. One of the most popular funds had a 4% up-front commission and a 4% annual trail. Their performance was good overall, but those expenses were a little bit on the high side.
The explosion of exchange-traded funds changed that. Investors today can add commodity exposure by using ETFs that have reasonable expenses and track the underlying commodity well. Be cautious when using ETFs, though. You need to know what you're buying and how it works.
ETFs based on futures contracts can have roll costs that may have a decaying effect on the price. There is a difference between ETFs, exchange-traded funds and ETNs, exchange-traded notes that can be subject to additional credit risks of the issuer. Be extra careful using any kind of leveraged or inverse ETF, most of them are designed to be leveraged or inverse on a daily basis and the tracking error over longer time frames can be substantial.
The global energy picture has also evolved considerably. New drilling technologies have made previously inaccessible oil and gas deposits viable and proven the "peak oil" theory wrong.
Today, OPEC produces about 40% of the world's oil. Canada's proven oil reserves are second only to Saudi Arabia. The state of North Dakota is producing almost one million barrels a day and the U.S. is very close to energy independence. Renewable energy continues to play an increasing role as well. Last year, according to a study by BP, the demand for renewable energy hit a record of 2.7% of global energy consumption.Even if the conflict in Iraq continues and disrupts the supply chain, an oil spike may not be as damaging today as it could have been in the past.
Retirees who are concerned about the effects of inflation on their budgets can do some hedging by owning some of the commodities that have been subject to inflation recently.
For example in the U.S. the average price of gasoline has just about tripled in the last 15 years. There are commodity-based ETFs for oil, gasoline, natural gas as well as precious metals and food-based funds that can have low correlations to the stock market and can provide additional diversification and some inflation hedging to a traditional stock and bond portfolio.
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