NCHD Overtime, Annual Leave and Public Holidays
Irish Medical Organisation

A full list of your leave entitlements and frequently asked questions regarding Overtime and working hours can be found here

IMO Correspondences

Cork University Hospital O/T payments 24/01/13

Dear Doctor,

Please find below letter sent on even date to Cork University Hospital with regard to overtime payments.

As per section 12 (e) of the NCHD contract: Unrostered overtime approved by the relevant Consultant / Clinical Director will be paid to the NCHD. The Employer may query such unrostered overtime or approval of same. Should a query be made, the NCHD will be notified of same. Payment will be made subsequent to any queries regarding such unrostered overtime being resolved

What they cannot do is the present situation whereby all overtime, including rostered, is being queried due to hours being claimed above the rota. I have requested immediate payment of rostered overtime worked for those who have not received same.

From a practical point of view I would suggest that all rostered hours are filled out on your normal timesheet. Hours worked above the roster should be completed on the exceptional hours claim form available from medical admin. The purpose of this is that we will have a record of all hours worked and approved but the individual NCHD will not be penalised by having their rostered overtime queried also.

If CUH refuse to honour the claims made on the exceptional hours form then we can instigate a Labour Court case if there are enough NCHDs involved. Otherwise we can take a number of individual cases through our personal cases unit. However, it is essential that all NCHDs keep a photocopy of the signed timesheets and exceptional hours forms that are submitted as if payment is not made we will need to evidence same in any subsequent discussion or third party action.

I will be in touch further with all members as matters develop but in the meantime if you have any queries please do not hesitate to contact Val Moran on 01 6767273 or email vmoran@imo.ie.

 

Letter to Ann Marie Byrne

NCHD Annual Leave Update 25/10/12

HOSPITAL BASED NCHDS

As NCHDs will be aware the issue of NCHD annual leave has been the subject of dispute between the IMO and the HSE since implementation of NCHD Contract 2010. On each rotation in January and July from 2010 to July 2012 the HSE has reduced NCHD leave to 12 days per 6 months with the full leave only being reinstated on the understanding that the IMO would enter into discussions with the HSE on the issue. Protracted discussions have taken place under the auspices of the Labour Relations Commission and agreement has now been reached on the correct application of the leave entitlements contained in NCHD Contract 2010. The agreement was discussed in detail and accordingly endorsed by the NCHD Committee of the IMO at a meeting yesterday Wednesday 24th October 2012 and is attached for your information. The following key points from the attached should be noted:

•The IMO was successful in ensuring that the majority of NCHDs (all NCHD with an on call liability) retain their public holiday entitlement on an ‘up front’ basis. In practice, NCHD leave entitlements have increased from the traditional ‘3 weeks’ leave per 6 months to 17 working days leave from July to January which equates to 3 weeks and 2 days and 16 working days from January to July which equate to 3 weeks and 1 day. This is an increase of 3 working days leave on what has in practice to date been a 3 week per 6 month entitlement.

•Importantly, all annual leave/public holiday entitlement is to be calculated on the basis of working days / working hours and not calendar days. Saturdays and Sundays are not to be included in the calculation of leave e.g. if an NCHD takes a Friday off, this is counted as 1 working days leave and not 3 calendar days as has been the practice to date.

•NCHDs who work on the public holiday (including on call on site and off site) will be paid the relevant rate applicable for the hours worked (e.g. the period of a public holiday is defined as any hours worked between midnight on the eve of a public holiday and midnight on the public holiday) and do not need to take a day’s annual leave or an unpaid days leave for the day.

•NCHDs who are not rostered for a public holiday may opt to either use one of their 16/17 days leave in order to receive a paid day off on the public holiday or they may opt to take an unpaid days leave

•NCHDs now have the option of taking 33 annual leave days per year plus up to an additional 9 days unpaid leave per year if not rostered for all public holidays

•NCHDs should now be in a position to avail of their full 33 days leave entitlements as any leave remaining at the end of each rotation which commonly NCHDs are not in a position to take may now be allocated to the public holidays at that time (e.g. the Christmas and New period for July – January rotation and the May and June bank holidays for the January – July rotation)

•Any NCHD categorised as a Monday to Friday worker will receive 12 working days annual leave up front and will receive public holidays as a paid day off as it arises.

•If an NCHD who does not normally undertake on-call is rostered on-site or on-call on a public holiday, (s)he will receive a day off in lieu at another time. If this occurs on a regular basis the NCHD can seek to be moved to Category A and receive their public holiday entitlement up front. This request will be examined by the Hospital in the first instance and if no agreement is reached within 2 weeks of the request, the issue may be referred by either party to the IMO/HSE Working Group.

 

Full details of the application of NCHD Contract 2010 annual leave entitlements are in the attached document. If NCHDs encounter any problems in having this implemented this should be immediately highlighted to the IMO. This issue again highlights the vital role the IMO plays in ensuring that the HSE is not allowed to unilaterally remove NCHDs contractual entitlements; without the intervention of the IMO the HSE position that all NCHDs should receive only 12 days annual leave up front would have prevailed. The IMO can only continue this important work on behalf of NCHDs if we have continued support through membership, to this end any of your NCHD colleagues who are not members should be encouraged to join.

GP REGISTRARS

 As NCHDs will be aware the issue of NCHD annual leave has been the subject of dispute between the IMO and the HSE since implementation of NCHD Contract 2010. On each rotation in January and July from 2010 to July 2012 the HSE has reduced NCHD leave to 12 days per 6 months with the full leave only being reinstated on the understanding that the IMO would enter into discussions with the HSE on the issue. The HSE consistently refused to reinstate the leave for GP Registrars. Protracted discussions have taken place under the auspices of the Labour Relations Commission and agreement has now been reached on the correct application of the leave entitlements contained in NCHD Contract 2010. The agreement was discussed in detail and accordingly endorsed by the NCHD Committee of the IMO at a meeting yesterday Wednesday 24th October 2012 and is attached for your information. The following key points from the attached should be noted:

•As with the Out of Hours allowance, the IMO has once again presented a very strong defence of GP trainee entitlements and to this end we have been successful in securing the reinstatement of the status quo for community based GP Registrars of 3 weeks leave per 6 months.

•Importantly, all annual leave/public holiday entitlement is to be calculated on the basis of working days / working hours and not calendar days. Saturdays and Sundays are not to be included in the calculation of leave e.g. if an NCHD takes a Friday off, this is counted as 1 working days leave and not 3 calendar days as has been the practice to date.

•NCHDs who work on the public holiday (including on call on site and off site) will be paid the relevant rate applicable for the hours worked (e.g. the period of a public holiday is defined as any hours worked between midnight on the eve of a public holiday and midnight on the public holiday)

Full details of the application of NCHD Contract 2010 annual leave entitlements are in the attached document. If NCHDs encounter any problems in having this implemented this should be immediately highlighted to the IMO. This issue again highlights the vital role the IMO plays in ensuring that the HSE is not allowed to unilaterally remove NCHDs contractual entitlements; without the intervention of the IMO the HSE position that all NCHDs should receive only 12 days annual leave up front would have prevailed. The IMO can only continue this important work on behalf of NCHDs if we have continued support through membership, to this end any of your NCHD colleagues who are not members should be encouraged to join.

IMO-HSE Annual Leave LRC agreement 24/12/12

Beaumont Hospital O/T

Further to our recent communications and to our recent meeting in Beaumont Hospital please find below copies of the latest correspondence with Beaumont with regard to the payment of non-rostered overtime.

Management are attempting to maintain the position that time in lieu is “custom and practice”. This is not the case. You are entitled to be paid at the appropriate rate for all hours worked. It is vital at this point that all NCHDs retain copies of their time sheets and pay slips in order that we can evidence non-payment.

Following the meeting on Friday 5th October there has been some response from NCHDs in Beaumont with a number joining over the last week and a half. We do need to push hard for greater membership however in order to have sufficient numbers to hold a credible ballot of our members in Beaumont Hospital. Once we have sufficient NCHD member numbers in Beaumont Hospital we will proceed to issue the ballot. It is imperative that all members encourage their non-member colleagues to join the IMO in order that we can fight to resolve what is a basic entitlement. All NCHDs are entitled to be paid for all hours worked. No other sector would accept such a blatant breach of their employment rights. Furthermore this is not just about the current cohort of NCHDs in Beaumont hospital but those who come after you. We hope that this will help resolve the issue on a long term basis and that management will be aware they cannot seek to reduce their pay bill by not paying NCHD overtime.

In accordance with the Industrial Relations Act 1990 this will be a secret ballot with each member receiving a numbered anonymous ballot paper asking them to indicate whether they are in favour of or against Industrial Action.

In order to comply with the relevant legislation the ballot must be issued through the post so please make sure that the address we have for you on our database is correct. You can do this by going to the “my account section” on the IMO website and updating your address if necessary.

Alternatively you can telephone our membership unit and they will update your details. We will give ten working days for the ballot to completed and returned to IMO House. Once the ballot is completed and the result known we will have to give a minimum of seven days’ notice of our intention to take Industrial Action.

Section 11 of the 1990 Act provides that only those employees who are members of an authorised trade union are entitled to picket their employer and avail of immunity from prosecution. Non-union members are not entitled to the immunity laid down in Section 11. It is for this reason that non-members cannot participate in any Industrial Action.

All NCHDs should continue to work their rostered and unrostered overtime until such time as the ballot is taken and instruction issued to withdraw cooperation. Failure to do so before the ballot has been passed and 7 days’ notice given to the employer could leave you open to disciplinary action.

We will be in touch further as the situation develops but in the meantime please do not hesitate to contact us should you have any further queries.

 

Letter from Beaumont regarding unregistered OT

Letter to Patricia Owens

St Patrick's Day leave entitlements 24/02/12

For your information and in preparation for St Patrick’s Day we would like to outline your Public Holiday leave entitlements.
  • Saturday, 17th March is a Public Holiday as per the Organisation of Working Time Act (1997). Any person who works on that day is entitled to premium pay for all hours worked.
  • Monday, 19th March is not a Public Holiday but it is anticipated that most employees will not be required to work and will be able to avail of a paid day off.
  • If you do work on Monday, 19th March, you will be paid at normal rates but, if you are a 5/7 employee, as the vast majority of NCHDs are, will have a day’s leave in lieu of your liability to work on that date (as per Section 9(d) of the NCHD Contract).
If you have any queries please do not hesitate to contact the Personal Cases Unit in the IMO on 01 6767273.

St James' Hospital O/T

The IMO are aware of the situation in St James’s Hospital whereby NCHDs are not receiving any overtime in excess of the quota allocated to their speciality. We have written to St James’s seeking a meeting to discuss this matter. We are obliged to exhaust local level negotiation before taking a Labour Court case though ultimately it is likely that this is what will happen.

We have also taken an individual Rights Commissioner case on behalf of an NCHD who worked in St James’s. This case was heard in January and we are currently awaiting the outcome of same. We hope that this will set a precedent for those who have overtime claims in excess of the quota allocated to their speciality.

We are holding a series of meetings in hospitals around the country in March and the timetable for same is in our latest newsletter which you should have received by email last Friday, the 17th February.

The meeting with NCHDs in St James’s is on 1st March at 1pm in the Doctors’ Res. We will be updating all members on the overtime situation and other issues of importance.

The IMO has recently secured unpaid overtime payments for NCHDs in Cork University Hospital following a ballot of NCHD members there for Industrial Action. We have also secured agreement on payment for unpaid overtime for NCHD in South Tipperary General Hospital.

We are also currently pursuing issues surrounding implementation of the EWTD and are taking legal advice on the feasibility of taking a legal action under same. We were blocked from taking any cases until February 1st of this year due to a two year moratorium as part of the High Court settlement which resulted in the 2010 NCHD contract.

We hope to see you at the meeting on the 1st March and I would ask that you notify your colleagues both members and non-members of this meeting also as we will be trying to increase the IMO presence in St James’s as we prepare for what would most likely seem to be a Labour Court challenge to vindicate your contractual entitlements.

Success in Cork University Hospital O/T dispute

NCHDs working in Cork University Hospital have now been paid outstanding overtime due to them from October, November and December of 2011. It was brought to the IMO’s attention in November and, following a series of meetings with NCHDs and correspondence with hospital management, it became clear that CUH were unwilling to pay the outstanding overtime. A ballot for Industrial Action was held in December. The ballot passed with 98% of IMO members voting in favour.

High IMO membership in CUH enabled us to have the necessary strength in numbers to hold a ballot and to ensure that the threat of Industrial Action was credible. Following on from this CUH agreed in January to pay out the outstanding overtime by February 2nd 2012 in return for the ballot for Industrial Action being set aside.

It was also agreed that an NCHD forum would be set up through which management and NCHDs can ensure proper consultation and communication took place in respect of any concerns which wither side has. The forum consists of 7 NCHD IMO members, the medical manpower manager, clinical director and 3 consultants.

It is hoped that such a forum will be beneficial not just to NCHDs currently in CUH but for those who rotate into the hospital in future. It is important to recognise that the positive result achieved in this instance was due to having a strong IMO membership presence in CUH and in this regard the secretariat would like to thank all those members on the ground who became actively engaged in this issue.

Annual Leave/On Call allowances 12/01/12

Recent developments that affect Registrars in General Practice

Following a number of calls that were received from Members, the IMO contacted HSE – Corporate Employee Relations and had it confirmed that there has been no change in the Annual Leave entitlements of Registrars in General Practice. As you may be aware, the IMO and the HSE are involved in an ongoing process under the auspices of the Labour Relations Commission aimed at clarifying items from the 2010 Contract, and both parties have agreed that there can be no change in the commonly understood terms of the Contract until that process is completed. The Annual Leave allowance for the period from January to July, therefore, remains at sixteen days.

The IMO has also become aware that HSE Shared Services had incorrectly applied a reduction of between five and eight percent to the Registrar in General Practice on call allowance. The IMO has had it confirmed by the HSE that this reduction, which was announced in Budget 2010 by the Minister for Finance, should not have applied to this allowance. The IMO has told the HSE that any deductions of this sort must be refunded to the individuals involved. Registrars in General Practice should check with their Scheme to ascertain if they were subject to this deduction.

If you have any queries on either of these matters, do not hesitate to contact the IMO.

Cork University Hospital O/T dispute and Industrial Action

Background

The IMO has had it confirmed that Cork University Hospital (CUH) will continue to refuse to pay unrostered overtime to NCHDs. This is despite meetings and correspondence between the IMO and the Hospital. The IMO has even secured the agreement of HSE Corporate Human Resources that all overtime of this sort must be paid.

The stance of CUH represents a clear breach of the 2010 NCHD Contract and cannot be tolerated by the IMO or by NCHDs. As such, the IMO has notified CUH and HSE South of its intention to ballot NCHDs for industrial action in pursuit of their contractual terms and conditions.

The IMO has not taken this decision lightly and it remains the Organisation’s hope that CUH and HSE South will honour all outstanding overtime hours and allow NCHDs to focus exclusively on continuing to provide the highest standards of patient care.

 
UPDATE

The recent ballot of IMO members seeking authorisation for Industrial Action at Cork University Hospital has been resoundingly passed with a yes vote of 98%.

The IMO has contacted management in CUH to communicate this and understands that a lunchtime meeting will take place between management and NCHDs tomorrow in the main lecture theatre at 1pm. The IMO will be in attendance at this meeting and urges all members to attend with their representative body.

On foot of these discussions a decision will be taken as to what further action to take if payment continues to be withheld. It is vital, not just for current NCHDs in CUH, but also for future NCHDs that your employment rights and contractual entitlements are respected and vindicated and the IMO will continue to fight to ensure that this is the case.

We will be updating all IMO members as matters progress but in the meantime should you have any queries please do not hesitate to contact the IMO offices.

NCHD Contract Implementation

Background

The new National NCHD contract came into effect on 8th February 2010. This contract is based on the principles of Labour Court Recommendations 19559 and 19702, agreed Principles of Rostering and the IMO HSE High Court Settlement/Collective Agreement lodged with the High Court on Friday 22nd January 2010. The IMO has been engaging with the HSE on a number of issues regarding implementation of the contract.

Update

A meeting was held between the IMO and the HSE on 19th January 2011 at which the IMO outlined the absolute and urgent necessity to conclude all outstanding issues on the NCHD contract. In an attempt to resolve all outstanding issues the HSE has agreed to enter into discussions with the IMO under the auspices of the Conciliation Service of the LRC. The issues that have been tabled for discussion include:

• Annual Leave/Public Holiday Entitlements
• 39 Hour Core Working Week/Protected Training Time
• Proposed 2 Year NCHD Post & associated issues
• GP Travel Allowance
• Principles of Rostering & EWTD Implementation
• Training Funding & Professional Competence
• Educational Leave
• NCHD Recruitment & Retention
• Review of Loss of Earnings as per Labour Court LCR19559

Pending the outcome of these talks the HSE has agreed to reinstate NCHD annual leave/public holiday entitlements. A number of meetings both at local level and under the auspices of the LRC have been held between the IMO and the HSE and progress has been made in a number of areas outlined below. The IMO met with the HSE on the 20th May to discuss these issues and a further meeting is to be scheduled in June. 

Unrostered Overtime

Update - 1st September 2011

Latest HSE attack on NCHDs – an attempt to deprive NCHDs of legitimate payment for Unrostered Overtime

The HSE has consistently misinterpreted, breached or deliberately ignored various terms of the NCHD contract for the last 18 months. Now that organisation is attempting to force NCHDs to work unrostered overtime for no money in some of the key hospitals in the country including

• Cork University Hospital
• Waterford Regional Hospital
• Wexford General Hospital
• South Tipperary General Hospital

This is a clear attempt to bully NCHDs and would impact directly on as many as 500 doctors. If unchallenged it will encourage other hospitals to introduce similar changes to the detriment of NCHDs [and of course their patients] across the country. It is intolerable and the IMO is determined to resist it.

In this context, I would ask all NCHDs engage with the IMO in our defence of your rights as follows:

•Keep the IMO fully informed as to the status of overtime payments in your hospital. Please click here to update us

•Complete overtime claim forms for every hour worked, including rostered and unrostered hours

•Submit claim forms for payment as soon and as regularly as possible

•Keep copies of submitted claim forms and check against payslips

•Report any non-payment in writing to payroll in your hospital and to the IMO

•The IMO will continue to fight on behalf of NCHDs and to defend their rights. In the past 3 weeks we’ve met with doctors in as many as 25 different hospitals up and down the country and the frustration and anger of NCHDs is palpable.

•As previously advised the IMO is considering balloting NCHD members on non-implementation of the contract. Given this most recent breach of the contract by the HSE, combined with all the other pre-existing difficulties faced by NCHDs, the necessity of conducting such a ballot is increasing on a daily basis. NCHD members will receive further communication as matters develop.

Background

The IMO is aware of continuing difficulties with NCHDs receiving payment for all hours worked, in particular for unrostered hours. NCHDs have a contractual right to be paid for all hours whether rostered or unrostered and whether they are within or in excess of an average 48 hour week. This issue has been ongoing for an unacceptably long time despite the IMO making several local and national level attempts to rectify this problem, including issuing legal correspondence.

The IMO requested a meeting of the IMO, the HSE and the DATHs Hospitals which was scheduled and cancelled by the HSE a number of times. As a result the IMO was left with no option but to refer the matter to the LRC. In preparation the IMO held a number of meetings in hospitals to collect documentary evidence of non-payment of overtime including Beaumont, St James’s, Tallaght, OLOL Drogheda, Mater and Naas. In addition to this work at National level the Personal Cases Unit of the IMO continues to intervene with hospitals at local level on behalf of individual NCHDs who have not been paid overtime.

A conciliation hearing was held on 25th January 2011 at which it was agreed that an examination of the non-payment of overtime will take place to determine any liabilities owed to NCHDs in respect of overtime calculations and where liabilities are identified discussions will take place under the auspices of the LRC in order to facilitate a resolution concerning such outstanding liabilities. The first hearing in this process was held on 22nd February 2011 and HSE, HSE CERS and a number of HSE hospitals and funded agencies were in attendance.

Limited progress was made in a number of hospitals as agreement was reached to make local level attempts with the IMO to address outstanding payments. It was agreed for Naas Hospital and the Louth Meath Hospital Group that the outcome of the Mayo General Labour Court hearing would be awaited as the cases are similar. There remain a number of issues still to be discussed including the resolution of overtime in a number of hospitals, the use of quota systems and the drafting of a universal overtime claim form.

The LRC has been in regular contact with the IMO with regard to progressing all issues and further meeting will be held as required. A significant agreement was reached with AMNCH, Tallaght on 6th May 2011 as follows:

* In relation to the existing overtime claimants who have requested a review of their overtime claims, AMNCH management commit to complete the review including the payment of any outstanding monies owed by the 15th May 2011.

 * AMNCH management also commit to resolving any other queries regarding overtime claims submitted by NCHDs. The completion of such queries, including the payment of any outstanding monies owed will be completed by the 31st August 2011.

 * The review process will be transparent and will be cognisant of the circumstances whereby some NCHDs may no longer work in the hospital and consequently the process will be carried out by written correspondence between the parties.

 * The IMO and AMNCH management agree to positively engage in relation to NCHD rosters, electronic recording of hours, on-call and overtime payments through internal consultative structures.

 * The Labour Relations Commission will continue to assist the parties if required, and will be kept informed of progress in relation to reviews, etc.

A Labour Court hearing to address the issue of money owing to NCHDs who were not paid overtime in Mayo General Hospital in 2008/2009 was held on 16th February 2011. The Labour Court found in favour of the IMO recommending that the Hospital concede the IMO’s claim for immediate payment of all outstanding monies owing to the NCHDs.

In the Recommendation, the Labour Court highlighted that the only defence advanced by the Hospital relates to its current financial and budgetary circumstances. The fact that the Court ruled that the money be paid in spite of these circumstances means hospitals can no longer hide behind budget deficits to justify non-payment of NCHD overtime. This recommendation will be used as precedent to ensure the payment of all overtime payments owing to NCHDs and to ensure the future payment of all hours worked.

On 25th May 2011, the IMO reached an agreement with Beaumont Hospital that established a process whereby NCHDs who have queries on unrostered overtime payments in Beaumont can bring those to management attention via a dedicated email address and meeting will be arranged with the NCHD within 3 working days. Management will assess claims and will discuss any outstanding or unpaid payments with the IMO. The IMO reserves the right to refer this matter to a third party if this is necessary.

Annual Leave/Public Holidays Dispute

Background
Difficulties arose at local level with regard to the HSE’s interpretation of NCHDs public holiday entitlement. The Labour Court recommended in June 2009 that NCHDs should undertake to operate 5/7 day working with effect from 1st July 2009. It is the IMO’s position therefore that NCHDs receive 3 weeks annual leave per six month period (which is inclusive of the annual leave & public holiday entitlements) as per the contract. The HSE refused to accept that NCHDs are 5/7 workers and would grant only 2 weeks and 2 days leave per six months.
 
Update
Further to several meetings and correspondence exchanged between the IMO and the HSE, the HSE issued a formal memo to all Medical Manpower Managers dated 13th August 2010 advising that the total leave entitlement for NCHDs is reinstated as three weeks per six month period. The memo also outlines that a number of hospitals have made deductions from the pay of NCHDs in recent times in respect of public holidays and that any deduction should be refunded as soon as possible. The HSE has subsequently referred the issue of annual leave/public holiday entitlements to the Conciliation Service of the LRC. The IMO refutes that there is a dispute and has refused to attend a conciliation hearing on that basis. The IMO position is that should the HSE seek to alter leave entitlements they are required to submit a new claim via the normal industrial relations channels and in line with the Croke Park Agreement.
 
This issue was discussed at the CIC meeting of 3rd November 2010. The HSE undertook to outline in writing to the IMO the structure of 5/7 nursing public holiday leave which will allow for a detailed discussion of the leave as it applies to NCHDs pending the LRC hearing for which no date has yet been confirmed. In the interim further correspondence has been exchanged between the IMO and the HSE and at the CIC meeting of 15th December the HSE undertook to provide further clarification. The HSE issued a memo dated 10th January 2011 instructing Medical Manpower Managers to revert to granting 2 weeks and 2 days leave per 6 month period. The IMO is currently considering our options with regard to this unilateral change by the HSE, up to and including conducting a ballot for industrial action. At a meeting between the IMO and the HSE on 19th January 2011 an option was explored whereby discussions on all outstanding issues regarding the contract, including annual leave, overtime, training etc would be the subject of conciliation in the Labour Relations Commission on the basis that a final resolution to all issues may be found. As outlined above agreement has been reached to refer outstanding issues, including annual leave/public holidays to the LRC and pending the outcome of these talks the HSE has agreed to reinstate NCHD annual leave/public holiday entitlements. A number of meetings both at local level and under the auspices of the LRC have been held between the IMO and the HSE but limited progress has been made. The IMO met with the HSE on the 20th May to discuss this issue and a further meeting is to be scheduled in June

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