Common use of Recall from Layoff Clause in Contracts

Recall from Layoff. Employee(s) on layoff status pursuant to this Agreement shall have recall rights to a vacancy in their former position for up to 18 months. Notice of recall shall be made by certified mail sent to the last mailing address provided to the City by the employee. The following restrictions and conditions shall apply to recall: If the laid off employee’s former position becomes vacant while the employee is on layoff status, a recall notice will be sent to the laid off employee. In the event more than one employee has been laid off from the same position, recall shall be in order of seniority, with the employee with the most bargaining unit seniority receiving the first recall notice. For the purpose of this section, an employee who has bumped into another position shall be considered to have recall rights to their former position. a. An employee may be required to demonstrate that they still possess the qualifications, knowledge, skill and ability required for the position prior to reinstatement to their former position if more than 6 months has passed since they were laid off. b. If an employee rejects recall to their former position or fails to report to work within 14 calendar days of such notice, the employee will forfeit all seniority, layoff status, and further recall rights. For 12 months from the date of layoff, employees who are on layoff status and not working for the City in another capacity shall be notified of any bargaining unit vacancy that arises in a position in a grade equal to or lower than their previous position. The laid off employee will be given priority consideration for the position with the following conditions and restrictions: a. A notified employee on layoff status wishing to be considered for such vacancy must notify the City, in writing, within 10 calendar days of being notified of such vacancy. b. The employee must be able to demonstrate that they possess the necessary qualifications, knowledge, skills and abilities to satisfactorily perform the work, as determined by the City. c. Preference for consideration will be given in order of bargaining unit seniority at the time of layoff.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Recall from Layoff. 9.01 Employees laid off shall be recalled in order of seniority provided such Employee(s) has the skill, ability and qualifications to do the work in question. 9.02 Laid off Employees shall retain their right of recall to the Bargaining Unit for a period of thirty (30) months. 9.03 Employees recalled for work of a temporary nature may decline the recall without loss of seniority or recall rights. The Employer shall then contact the next laid off Employee and offering the temporary assignment and so on layoff status pursuant down the list until all laid off Employees from the Bargaining Unit have had the opportunity for the temporary assignment. It is understood as per Article 9.01 above that the Employees must have the skill, ability and qualifications to this Agreement do the work in question in order to be recalled for the temporary assignment. 9.04 An Employee shall have the right to refuse a recall rights to a vacancy in their former position for up to 18 months. Notice without loss of recall rights, if the work location is outside the Employee’s former Board boundaries and farther than 30 km. from the Employee’s home or if the position recalled for is not from the Employee’s recognized department. In such cases seniority will continue to accrue. 9.05 Employees who change position as the result of the recall procedure above shall be made by certified mail sent paid according to the last mailing address rate for the position to which they are being recalled. 9.06 No persons including students, temporary Employees or government project Employees will be hired until Employees on lay-off have been given an opportunity to work through recall procedure, provided each has the necessary skill, ability and the qualifications to do the City work available. 9.07 Notice from recall other than Christmas Break, March Break, Summer Break or Intercession (alternate school year), shall be by Registered Mail or Priority Post and Employees recalled will be allowed seven (7) calendar days from delivery of the employeenotice to report for work. The following restrictions and conditions shall apply to recall: If the laid off employee’s former position becomes vacant while the employee is on layoff status, a recall notice will be sent to the laid off employeelast known address of which the Employer has record. In Employees are responsible for notifying the event more than one employee has been laid off from Employer in writing regarding changes in the same position, recall shall be in order of seniority, with the employee with the most bargaining unit seniority receiving the first recall notice. For the purpose of this section, an employee who has bumped into another position shall be considered to have recall rights to their former positionEmployee’s mailing address. a. An employee may be required 9.08 The Employee must within two (2) working days of receipt of such notice contact Human Resource Services and advise them of their intent to demonstrate that they still possess accept or decline the qualifications, knowledge, skill and ability required for the position prior to reinstatement to their former position if more than 6 months has passed since they were laid offrecall. b. If an employee rejects recall 9.09 An Employee who fails to their former position report for work or fails to notify Human Resource Services per Articles 9.07 and 9.08 shall have their recall rights and employment terminated unless the Employee’s failure to report can be proven to work within 14 calendar days the satisfaction of such noticethe Employer, the employee will forfeit all seniority, layoff status, and further recall rights. For 12 months from the date of layoff, employees who are on layoff status and not working for the City in another capacity shall be notified of any bargaining unit vacancy that arises in a position in a grade equal to or lower than their previous position. The laid off employee will be given priority consideration for the position with the following conditions and restrictions: a. A notified employee on layoff status wishing to be considered for such vacancy must notify beyond the City, in writing, within 10 calendar days of being notified of such vacancyEmployee’s control. b. The employee must be able to demonstrate that they possess the necessary qualifications, knowledge, skills and abilities to satisfactorily perform the work, as determined by the City. c. Preference for consideration will be given in order of bargaining unit seniority at the time of layoff.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall from Layoff. Employee(s1. Employees laid off from the workforce shall be recalled from layoff in the order of their seniority to jobs at the same or lower level they are qualified to perform. 2. An employee shall retain the right to be recalled for a period equal to the employee’s accumulated seniority or twelve (12) months whichever occurs first. 3. An employee on layoff status pursuant to this Agreement shall have recall rights to from a vacancy in their former position seniority group may be offered, for up to 18 months. Notice of recall shall be made by certified mail sent a period equal to the last mailing address provided to the City by employee’s accumulated seniority or twelve (12) months whichever occurs first in order of the employee. The following restrictions and conditions shall apply to recall: If the laid off employee’s former position becomes vacant while seniority, a job the employee is on qualified to perform in another classification. 4. Employees being recalled from layoff status, a will be notified by U.S. certified mail. The recall notice will be sent mailed to the laid off employeemost current address available in the Human Resources Department. In Employees on layoff status shall provide the event more than one employee has been laid off from correct current mailing address to the same position, recall shall be in order of seniority, with the employee with the most bargaining unit seniority receiving the first recall notice. For the purpose of this section, an employee who has bumped into another position shall be considered to have recall rights to their former positionHuman Resources Department. a. An employee may be required 5. Failure to demonstrate that they still possess provide the qualifications, knowledge, skill and ability required for the position prior to reinstatement to their former position if more than 6 months has passed since they were laid off. b. If an employee rejects recall to their former position correct mailing address or fails failure to report to work for processing within 14 seven (7) calendar days of such notice, the employee receipt of recall notice will forfeit all seniority, layoff status, and further recall rights. For 12 months from the date of layoff, employees who are on layoff status and not working for the City result in another capacity shall be notified forfeiture of any bargaining unit vacancy that arises in a position in a grade equal and all recall rights and the Employer shall have no further layoff or employment obligations to or lower than their previous position. The laid off employee will be given priority consideration for the position with the following conditions and restrictions: a. A notified employee on layoff status wishing to be considered for such vacancy must notify the City, in writing, within 10 calendar days of being notified of such vacancyemployee. b. The 6. An employee must be able to demonstrate that they possess who is impacted by a layoff will not accrue annual leave hours while on layoff. However, such employee who is re-employed into a benefits eligible position will accrue annual leave at the necessary qualifications, knowledge, skills and abilities to satisfactorily perform the work, as determined by the City. c. Preference for consideration will be given in order of bargaining unit seniority same rate accrued at the time of layoff, if the re-employment occurs within one (1) year of layoff. Employees rehired after the expiration of one (1) year as specified above will be considered new hires for annual leave purposes. 7. An employee who is impacted by a layoff will not accrue sick leave hours while on layoff. Unused major sick leave in the employees account at the time of layoff will be reinstated for employees who are re-employed within 180 calendar days. Employees rehired after the expiration of 180 calendar days as specified above will be considered new hires for sick leave purposes.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Recall from Layoff. Employee(s) on layoff status pursuant to this Agreement Section 24.1. The College shall have provide the Union President and Ohio Council 8 with a recall rights to a vacancy in their former position list and copies of all notices of recall. The Union will be notified of all recall responses. A laid off employee is responsible for up to 18 monthskeeping the College informed of his/her current address. Notice Notices of recall shall be made by certified mail sent to the last mailing address provided to the City by the employee. The following restrictions and conditions shall apply to recall: If the laid off employee’s former position becomes vacant while the employee is on layoff status, a recall notice will be sent by certified mail. Section 24.2. The recall notice shall inform the employee of the recalled job classification, rate of pay, campus location and shift assignment. The recall notice shall also inform the employee of his/her right to remain on the recall list rather than be reinstated to a lower‐graded job classification held prior to the laid off employeelayoff. Section 24.3. In Whenever, in the event more than one judgment of the College, it is necessary to increase the work force in a job classification following a layoff, employees will be recalled in order of seniority provided that the recalled employee has been laid off from the same positionproper ability to perform the available work. College authorized new or vacant positions shall first be offered, in seniority order, to the most senior pre‐layoff job title incumbent on the internal displacement list or recall shall be list, provided the employee has the proper ability to perform the available work. Recall or reinstatement will continue in order of seniority. Section 24.4. An employee who, as a result of the procedures set forth in this Article, is laid off will be deemed to be on the "recall list." An employee, who, as a result of the procedure set forth in this Article, is placed in a different job classification in the same or lower salary grade or in a position with fewer hours than that held by the employee with prior to the job reduction shall be on an "internal displacement list." Employees on the recall list retain recall rights, while employees on the internal displacement list retain upward bumping rights as set forth in this Article. Section 24.5. An available position will be awarded to the most bargaining unit seniority receiving senior employee who indicates his/her acceptance of recall or reinstatement. An employee on layoff has 72 hours from receipt by certified mail of notice of recall to return to work unless the first recall noticeCollege determines a longer period is acceptable or necessary. For the purpose of this sectionIn addition, an employee who has bumped into another position shall be considered recalled may request an extension of up to have recall rights two (2) weeks to their former position. a. An return to work provided that the employee may be required notifies the College of his/her intent to demonstrate that they still possess the qualifications, knowledge, skill and ability required for the position prior to reinstatement to their former position if more than 6 months has passed since they were laid off. b. If an employee rejects recall to their former position or fails to report return to work within 14 calendar days 72 hours from receipt of such notice, the employee notice of recall. Such requests for extension shall not be unreasonably denied. Section 24.6. Affected employees will forfeit all seniority, layoff status, and further have recall rights. For 12 or reinstatement rights for a period of twenty four (24) months from in the date of job classification held prior to the initial layoff, employees who are bump or involuntary reduction in hours. Section 24.7. Employees may choose to remain on layoff status and not working for the City in another capacity shall be notified of any bargaining unit vacancy that arises in recall or reinstatement list rather than accept recall to a position in a grade equal lower grade. An employee who is offered a position in his/her former job classification and who refuses the offer shall not be entitled to further recall or lower than their previous position. The laid off employee will be given priority consideration for the position with the following conditions and restrictions: a. A notified employee on layoff status wishing to be considered for such vacancy must notify the City, in writing, within 10 calendar days of being notified of such vacancyreinstatement rights under this Article. b. The employee must Section 24.8. No new employees shall be able hired in a job classification until all employees on the recall or internal displacement list who have the proper ability to demonstrate work in that they possess the necessary qualifications, knowledge, skills job classification and abilities desire to satisfactorily perform the work, as determined by the Cityreturn to work have been offered recall or reinstatement. c. Preference for consideration will be given in order of bargaining unit Section 24.9. Following recall from layoff, the employee shall retain all seniority at the time of accumulated prior to layoff. Section 24.10. While employees remain on the recall list, an employee returning from a leave of absence shall be placed on the list in accordance with his/her seniority. Section 24.11. An employee who is recalled or reinstated to his/her former salary grade shall be compensated at his/her former rate of pay, plus any additional increases provided during the layoff period.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall from Layoff. Employee(s) 1. As positions are reinstated or as they become vacant, teachers will be recalled to active employment with the Board in reverse order of layoff (the most senior laid off teacher being called back first), provided that such teacher is certified/qualified for the vacant position. 2. If the specific assignment of a laid off teacher is reinstated, and such teacher is the senior teacher on layoff status pursuant status, such teacher may be recalled by withdrawing the layoff notice. Such action shall make posting of the vacancy unnecessary. 3. Teachers on layoff will lose their right to this Agreement recall (a) when their layoff time exceeds their seniority time at the time of layoff, except the layoff time for a teacher on continuing tenure shall not be less than three (3) years, or (b) when they refuse recall, provided, however, a teacher may refuse recall during the school year if the teacher is enrolled in school or is under contract to teach in another school district and the teacher cannot be released from such contract. The Board may accept other legitimate reasons for a teacher refusing recall. 4. A teacher being recalled shall have recall rights five (5) days to notify the Board of acceptance of the position. In each case a vacancy in their former position for up personal contact will be made whenever possible. A teacher who is unable to 18 months. Notice of recall be contacted shall be made recalled by certified mail sent to the teacher’s last mailing address provided to the City by the employee. The following restrictions and conditions shall apply to recall: If the laid off employee’s former position becomes vacant while the employee is on layoff statusknown address, with a recall notice will be copy sent to the laid off employee. In the event more than one employee has been laid off from JEA office on the same position, recall day. The teacher shall be in order have five (5) days to notify the Board of seniority, with the employee with the most bargaining unit seniority receiving the first recall notice. For the purpose acceptance of this section, an employee who has bumped into another position shall be considered to have recall rights to their former position. a. An employee may be required to demonstrate that they still possess the qualifications, knowledge, skill and ability required for the position prior to reinstatement to their former position if more than 6 months has passed since they were laid off. b. If an employee rejects recall to their former position or fails to report to work within 14 calendar days of such notice, the employee will forfeit all seniority, layoff status, and further recall rights. For 12 months from the date of layoffpostmark (stamped) on the certified receipt. The failure of a teacher to notify the Board within five (5) days of acceptance shall be treated as a termination of said teacher. Two (2) days before any teacher is terminated, employees who are on layoff status and not working for the City in another capacity shall JEA will be notified of any bargaining unit vacancy that arises in a position in a grade equal the Board’s intent to or lower than their previous position. The laid off employee will be given priority consideration for the position with the following conditions and restrictions: a. A notified employee on layoff status wishing to be considered for such vacancy must notify the City, in writing, within 10 calendar days of being notified of such vacancyterminate. b. The employee must be able 5. Laid off teachers shall have the right to demonstrate that bid on all posted vacancies for which they possess the necessary qualifications, knowledge, skills and abilities to satisfactorily perform the work, as determined by the Cityare certified/qualified. c. Preference for consideration will be given in order of bargaining unit seniority at the time of layoff.

Appears in 2 contracts

Samples: Professional Negotiations Agreement, Professional Services

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Recall from Layoff. Employee(s) 1. As positions are reinstated or as they become vacant, teachers will be recalled to active employment with the Board in reverse order of layoff (the most senior laid off teacher being called back first), provided that such teacher is certified/qualified for the vacant position. 2. If the specific assignment of a laid off teacher is reinstated, and such teacher is the senior teacher on layoff status pursuant status, such teacher may be recalled by withdrawing the layoff notice. Such action shall make posting of the vacancy unnecessary. 3. Teachers on layoff will lose their right to this Agreement recall (a) when their layoff time exceeds their seniority time at the time of layoff, except the layoff time for a teacher on continuing tenure shall not be less than three (3) years, or (b) when they refuse recall, provided, however, a teacher may refuse recall during the school year if the teacher is enrolled in school or is under contract to teach in another school district and the teacher can not be released from such contract. The Board may accept other legitimate reasons for a teacher refusing recall. 4. A teacher being recalled shall have recall rights five (5) days to notify the Board of acceptance of the position. In each case a vacancy in their former position for up personal contact will be made whenever possible. A teacher who is unable to 18 months. Notice of recall be contacted shall be made recalled by certified mail sent to the teacher’s last mailing address provided to the City by the employee. The following restrictions and conditions shall apply to recall: If the laid off employee’s former position becomes vacant while the employee is on layoff statusknown address, with a recall notice will be copy sent to the laid off employee. In the event more than one employee has been laid off from JEA office on the same position, recall day. The teacher shall be in order have five (5) days to notify the Board of seniority, with the employee with the most bargaining unit seniority receiving the first recall notice. For the purpose acceptance of this section, an employee who has bumped into another position shall be considered to have recall rights to their former position. a. An employee may be required to demonstrate that they still possess the qualifications, knowledge, skill and ability required for the position prior to reinstatement to their former position if more than 6 months has passed since they were laid off. b. If an employee rejects recall to their former position or fails to report to work within 14 calendar days of such notice, the employee will forfeit all seniority, layoff status, and further recall rights. For 12 months from the date of layoffpostmark (stamped) on the certified receipt. The failure of a teacher to notify the Board within five (5) days of acceptance shall be treated as a termination of said teacher. Two (2) days before any teacher is terminated, employees who are on layoff status and not working for the City in another capacity shall JEA will be notified of any bargaining unit vacancy that arises in a position in a grade equal the Board’s intent to or lower than their previous position. The laid off employee will be given priority consideration for the position with the following conditions and restrictions: a. A notified employee on layoff status wishing to be considered for such vacancy must notify the City, in writing, within 10 calendar days of being notified of such vacancyterminate. b. The employee must be able 5. Laid off teachers shall have the right to demonstrate that bid on all posted vacancies for which they possess the necessary qualifications, knowledge, skills and abilities to satisfactorily perform the work, as determined by the Cityare certified/qualified. c. Preference for consideration will be given in order of bargaining unit seniority at the time of layoff.

Appears in 1 contract

Samples: Professional Negotiations Agreement

Recall from Layoff. Employee(s) An employee who has been laid off shall when work becomes available be entitled to be recalled on layoff status pursuant the basis of seniority, in accordance with Section 1 of Article 10. In the event of a decrease in the work force, the senior qualified displaced employee will be returned to this Agreement shall have recall rights to a vacancy in their former her/his regular job, previously held, when operations are increased provided that the employee has not accepted an equal or higher position for up to 18 monthsthrough the job posting procedure defined under section 10.28. Notice of recall to work shall be made directed by certified registered mail sent to the employee’s last mailing address provided known address. If he is contacted by telephone, the call will be confirmed by registered mail. It shall be the employee’s responsibility to keep the Company informed of his address. An employee who is recalled must notify the Company of his intention to return to work within seven (7) days of the date of recall notice, and must return to work within fourteen (14) days of date of recall notice or make alternative arrangements satisfactory to the City by Company. (a) An employee who refuses recall to a lower job class than he previously held in his group will not lose seniority or recall rights, but will lose future claim in the employee. The following restrictions and conditions shall apply current layoff to recall: If the laid off employee’s former position becomes vacant while the job which he has refused to accept. (b) An employee is on layoff status, may refuse a recall notice will to an equal or higher job class which is anticipated to be sent less than three (3) months’ duration and not lose seniority nor the right to the laid off employeeexercise his seniority for any subsequent vacancy for which he is eligible. In the event more than one (See Letter of Understanding Item 15). (c) If an employee has been laid off from enrolled in further educational training through the same positionCSTEC program, and is still actively attending the program when the Company offers recall to that employee under the recall provisions of the Collective Agreement, the employee may refuse the recall opportunity and revert to the bottom of the recall list for that job opportunity. Once the open position has been filled, the employee would move to the appropriate position based on seniority on the recall list. (a) If the provisions of this Article 10 – Principles of Seniority should cause undue hardship to any employee or group of employees, it shall be the subject of discussion between the representatives of the Company and the Union. (b) A special arrangement may be agreed upon by the parties if deemed advisable. (c) Any such arrangement shall be in order of seniority, with the employee with the most bargaining unit seniority receiving the first recall notice. For the purpose of this section, an employee who has bumped into another position shall be considered to have recall rights to their former position. a. An employee may be required to demonstrate that they still possess the qualifications, knowledge, skill writing and ability required for the position prior to reinstatement to their former position if more than 6 months has passed since they were laid off. b. If an employee rejects recall to their former position or fails to report to work within 14 calendar days of such notice, the employee will forfeit all seniority, layoff status, and further recall rights. For 12 months from the date of layoff, employees who are on layoff status and not working for the City in another capacity shall be notified of any bargaining unit vacancy that arises in a position in a grade equal to or lower than their previous position. The laid off employee will be given priority consideration for the position with the following conditions and restrictions: a. A notified employee on layoff status wishing to be considered for such vacancy must notify the City, in writing, within 10 calendar days of being notified of such vacancy. b. The employee must be able to demonstrate that they possess the necessary qualifications, knowledge, skills and abilities to satisfactorily perform the work, as determined signed by the City. c. Preference for consideration will be given in order of bargaining unit seniority at the time of layoff.proper authorized representatives. 10.56 10.57 10.58 10.59 10.60 10.61 10.62 10.63 10.64

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall from Layoff. Employee(s) PURPOSE Seniority shall be established on layoff status pursuant a system basis Canada and shall date from employee's permanent entry into this Agreement. A probationary employee's seniority shall not be exercised except as provided for in this Collective Agreement. In cases where employees were hired on the same day, the sequence of seniority be determined by drawing lots. in cases where the above factors will not determine the position of the seniority list, the position will be jointly determined by the Company and the President of the local union. Date hired, as it related to this Agreement Article means the first day that the employee commences employment. That day is the first day for which an employee is credited with time worked for pay purposes and the time spent in training shall have recall rights to be considered time worked. Not later than March of each year, the Company shall prepare and post at each station a vacancy in their former position complete seniority list. The list shall be posted and kept open for requests for corrections up to 18 months. Notice of recall and including March It shall be made the sole responsibility of each individual employee to examine the list and make written request (2 copies) for any correction during the posting period. All requests for corrections be and finalized by certified mail sent the Company after consultation with the Union at the headquarters level during the sixty (60) calendar days following March The corrected list shall be posted not later than May amendments to the annual seniority list. The amended seniority list shall become effective on June The amended seniority list shall remain in full force and effect until the following year when a new list is published and posted in the above manner. in the event it is not possible to finalize a request for correction in the stipulated period, the correction will be withheld pending a discussion between the Company and the Union at the headquarters level and the correction, if mutually agreed upon, will become effective as of the date of posting of the last mailing address provided amended annual seniority list. As soon possible following September but not later than September of each year, the Company will issue an to the City by seniority list showing those employees who were hired subsequent to the employeeoriginal posting. The following restrictions Corrections to the addendum will be made in accordance with Article Employees and conditions shall apply personnel outside the scope of the Agreement who retain but do not accrue seniority will have their seniority date adjusted and position on the seniority list altered to recall: If account for time during which seniority was not accrued. Such adjustment and alteration will occur at the laid off employee’s former position becomes vacant while time the employee is on layoff status, a recall notice will be sent to resumes the laid off employee. In the event more than one employee has been laid off from the same position, recall shall be in order accrual of seniority, with or prior to the employee with Company taking action which would be affected had the most bargaining unit seniority receiving adjustment or alteration already occurred, whichever is the first recall noticeearlier. For the purpose of this section, an employee who has bumped into another position Seniority shall be considered retained and accrued during: Absence due to have recall rights layoff for a period of less than thirty-six (36)months. Sickness or accident. Authorized leave of absence (subject to their former position. a. An employee may be required to demonstrate that they still possess the qualifications, knowledge, skill and ability required for the position prior to reinstatement to their former position if more than 6 months has passed since they were laid off. b. If an employee rejects recall to their former position Article or fails to report to work within 14 calendar days of such notice, the employee will forfeit all seniority, layoff status, and further recall rightsfurlough without pay. For 12 months from the date of layoff, employees who are on layoff status and not working for the City in another capacity shall be notified of any bargaining unit vacancy that arises in a position in a grade equal to or lower than their previous position. The laid off employee will be given priority consideration for the position with the following conditions and restrictions: a. A notified employee on layoff status wishing to be considered for such vacancy must notify the City, in writing, within 10 calendar days of being notified of such vacancy. b. The employee must be able to demonstrate that they possess the necessary qualifications, knowledge, skills and abilities to satisfactorily perform the work, as determined by the City. c. Preference for consideration will be given in order of bargaining unit seniority at the time of layoff.Suspension Without pay

Appears in 1 contract

Samples: Collective Bargaining Agreement

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