December 18, 2013 Day 333 of the Fifth Year - History

December 18, 2013 Day 333 of the Fifth Year - History


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President Barack Obama gestures during a meeting in the Roosevelt Room of the White House, Dec. 18, 2013.

9:45AM THE PRESIDENT receives the Presidential Daily Briefing
Oval Office

11:00AM THE PRESIDENT meets members of the Review Group on Intelligence and Communications Technologies
2:05PM THE PRESIDENT and THE FIRST LADY meet with moms to discuss health care
Oval Office


HistoryLink.org

Seattle-based PONCHO (Patrons of Northwest Civic, Cultural, and Charitable Organizations) was formed in 1963 by a small group of civic leaders to help the Seattle Symphony pay off a large debt resulting from its 1962 World's Fair production of Giuseppe Verdi's Aida. So successful was PONCHO's initial fundraiser -- a black-tie gala auction -- that the volunteer group continued its annual event to support cultural organizations in the state of Washington. Collaborative, creative, visionary, and endlessly hard-working, PONCHO continued to surpass its yearly goals, along the way adding a no-tie auction, an international wine auction, and an art auction in order to raise more money. Since its formation, the nonprofit organization has provided in excess of $35 million in support of more than 200 arts organizations, the largest sums over the years being given to the Seattle Symphony, Seattle Art Museum, Pacific Northwest Ballet, Seattle Opera, Seattle Repertory Theatre, A Contemporary Theatre (ACT), Seattle Children's Theatre, and Cornish College of the Arts. Marking its 50th birthday in February of 2013, PONCHO announced it would end its daily operations in April and become a legacy fund within the Seattle Foundation. PONCHO was a major influence in establishing and continuing a thriving arts scene in the region, and the organization can count as a legacy the building of the charitable auction industry, of which Seattle has been a world leader.

It Happened at the World's Fair

Seattle's cultural scene changed significantly following the 1962 Century 21 World's Fair. Preparations for the fair started in the 1950s with its initial promotion by Edward "Eddie" Carlson (1911-1990). About the same time, other visionaries and civic boosters, including a group that would become Allied Arts, were making plans for cultural and civic improvements. These individuals and groups came together to help bring the World's Fair to Seattle in 1962.

The Century 21 World's Fair was a game changer for the city. It not only introduced Seattle to the world, it left it with a legacy of new buildings. It also gave Seattleites a tantalizing view of the city's potential. The fair's futuristic theme, with its heavy bent on science, still showcased the arts. Museums from around the world loaned masterpieces and Pacific Northwest artists were featured, as was Northwest Coast Indian art.

Preparations for the fair included converting the old Civic Auditorium building into an Opera House, where the Seattle Symphony staged its first-ever opera production, Giuseppe Verdi's Aida. With a cast of 333, the opera played on June 7, 9, and 11, 1962, to sellout crowds. But the production cost of $185,000 exceeded the ticket revenue, leaving the symphony with a debt of $35,000. The symphony was in danger of bankruptcy.

PONCHO Begins

PONCHO's origins can be traced to Ruth Blethen (later Clayburgh, 1910-2002), a member of the Seattle Symphony board, who approached Seattle civic leader Paul Friedlander (1912-1994) in 1962 and explained the symphony's plight. Friedlander remembered that Portland had staged an auction called ZOOMSI the previous year and had successfully raised funds for the Portland Zoo and Museum of Science and Industry. Blethen recalled Friedlander's words, "If Portland can do it for animals, Seattle can do it for people" (Katz, 5).

Friedlander and Blethen met with arts activist Katherine (LaGasa) "Kayla" Skinner (1919-2004), and the three began planning, forming a group called Patrons of Northwest Civic, Cultural, and Charitable Organizations. The name was quickly shortened to PONCHO. This self-appointed committee began building a supportive group of friends and civic leaders, and on September 13, 1962, the group held a luncheon at the Olympic Hotel. This was followed by a meeting at the Rainier Club. Each time the group grew larger. A board of eleven trustees was selected, headed by Friedlander, who began consulting with Portland's ZOOMSI planners for fundraising advice.

PONCHO was formed as a 501(c)(3) charitable organization on January 25, 1963, by an "Agreement of Association" and Articles of Incorporation -- signed by Kayla Skinner, David E. Skinner, Dan J. Conley, Lex McAtee, Paul S. Friedlander, Howard S. Wright (1927-1996), Barbara G. Rauscher (later Wise, 1924-2007), Edward A. Rauscher, and Richard Moser. Washington Secretary of State Victor A. Meyers certified the organization on February 4, 1963. That date stands as PONCHO's official birthday.

Exceeding Expectations

PONCHO set up an office in the Washington Building in Seattle and began plans for a grand fundraising auction, with a goal of $100,000. The volunteer circle continued to grow.

This first PONCHO auction was a plush black-tie event held on April 27, 1963, at the Seattle World's Fair Fine Arts Pavilion, later called Exhibition Hall. Attendees paid an entry fee of $150 to dine, have drinks, listen to live music, and bid on more than 200 auction items that included a new $45,000 home (it sold for $46,000), vacation trip packages, pets, a yacht cruise, and much more. The lavish event brought in $124,875, enough to retire the symphony's $35,000 debt, with $50,000 more granted to establish a fund designated for opera production only, a total of $85,000. In addition, $15,000 was given to the Council on Aging and $1,000 to the Seattle Chorale. It was a profitable start.

So successful was the auction -- and so great was the citizen support for the cause -- that PONCHO decided to continue its fundraising to support arts and culture in the Puget Sound region. The event soon became Seattle's party of the year.

Raising Fun(ds)

PONCHO board members approached their fundraising with an exuberant spirit of fun and a sky's-the-limit attitude. They were all movers and shakers in the community, and their connections and optimism drew strong media coverage from the start. Dr. Solomon Katz, an early and influential PONCHO board member, expressed the nature of the early years in this way:

"Despite the adoption of a set of formal By-Laws, PONCHO's structure was still tentative as the trustees felt their way along uncharted paths … From the beginning, PONCHO board meetings, perhaps even more, PONCHO committee meetings, have been informal, loosely structured and free ranging. Robert's Rules of Order have often been honored more in breach than in observance and sometimes, as some PONCHO board members have remarked, organized chaos prevails. Eppur si muove, 'still it does move,' as Galileo is said to have remarked of another phenomenon, and the business of PONCHO has, nevertheless, been transacted, as the results clearly demonstrate, efficiently and with enthusiasm tempered by good sense, and with a saving sense of humor and gaiety that mark all of PONCHO's activities" (Katz, 13).

Committee names were somewhat in flux, an example being the team designated to build a home for auction, which was, in the first few years, sometimes referred to as the House Committee, sometimes the Home Committee, and later the Construction Committee. Everyone knew what was meant. At the start, there was both a women's Acquisition Committee and a men's Procurement Committee, each with the task of acquiring auction items. These committees became competitive teams, as members tried to secure the best, the craziest, and always a few unique auction items. As the group's numbers grew, they formed teams, calling themselves "Singles vs. Couples," "Eastside vs. Seattle," etc.

Donations of goods and services came from individuals and businesses, and items ranged from very good deals to bizarre items. These included vacation cruises to exotic places a 1924 Seagraves fire engine animals of all kinds who, when purchased, usually were given the name PONCHO "Irish Mission," a rare horse purchased for $1,000 that turned out to be a winner at Longacres later at odds of 24 to 1 boats of all kinds packaged tours paintings and other art works dinner with celebrities, including pianist Van Cliburn (1934-2013) and opera singer Beverly Sills (1929-2007) a child's birthday party for 100 guests 500 hamburgers a lie detector burial services for a pet 15,000 yards of manure and straw a rhinoceros head and much more. One of PONCHO's most lucrative auction items for many years was a new home. At the initial fundraiser, the sale price of the PONCHO home alone exceeded the money needed to pay off the symphony's debt.

Except for the first two years, each annual gala had a theme, until 1995 when this was abandoned. Paul Friedlander served as PONCHO president for the first three years, but soon presidents served for one year only, the vice president moving into the president's role following each annual gala.

Growing the Cultural Scene in the 1970s

Despite economic bad times in the early 1970s, the collaborative efforts of various groups in Seattle led to a huge growth of arts and culture in the region by the end of the decade. When PONCHO began, major cultural groups in the area included Cornish College of the Arts on Capitol Hill, the Seattle Art Museum at Volunteer Park, the Cirque Playhouse, the Seattle Symphony, and the Seattle Repertory Theatre, both of the latter performing at Seattle Center, the former fairgrounds. In the next 15 years, Seattle would see the creation of dozens more arts and cultural organizations such as A Contemporary Theatre (ACT), the Pacific Northwest Ballet, Northwest Chamber Orchestra, Seattle Opera, Poncho (later Children's) Theatre, and Intiman Theatre.

Allied Arts was a continual partner for these groups and PONCHO became a major funder. During this time, the Corporate Council for the Arts and the Seattle and King County Arts Commissions were formed, and in 1971 the Poncho Theatre, funded by PONCHO and the City of Seattle and designed for young audiences, officially opened at the Woodland Park Zoo. This was the beginning of Seattle Children's Theatre, which would move to Seattle Center in 1993. PONCHO initiated a smaller disco party and auction that ran for two years, 1977 and 1978, but was then abandoned. These were the same years that the group brought in big stars -- Bob Hope in 1977 and Vic Damone in 1978 -- but it was felt that the celebrity draw was a distraction from the event's purpose.

One of PONCHO's biggest talents from the start was its ability to leverage. As early as 1965 PONCHO undertook a study to determine the group's role in building cooperation among performing and visual arts organizations in the region. This led to its support of the United Arts Council, which became the Corporate Council for the Arts. As other arts funding became available at the state and national level, PONCHO donations could make a bigger impact. Cultural groups no longer needed to just get by -- they could begin to thrive. PONCHO played a huge role in making that happen.

Big Accomplishments: 1981 to 1995

With so much activity, PONCHO expanded its board in the 1970s, drawing in new and younger talent. Board members felt that PONCHO needed a strong executive director and found one in Judith A. Whetzel. She remained in that position from 1981 through 1995, marking a period of major accomplishments and changes. Whetzel came with an impressive background. She had initiated and organized the Seattle city ordinance that allocated 1 percent of capital construction funds for the visual arts and had served on the boards of the Junior League and the Washington State Arts Commission. Her work just before coming to PONCHO was as a lobbyist for Washington State Arts Advocates.

When Whetzel arrived at PONCHO, the offices were in Madison Park, directly above the Red Onion Tavern. In Whetzel's words, "I could look down at the pool table through a crack in the floor in front of the copying machine. Whenever anyone came to visit, they stopped the entire operation the minute you walked in the door, you were in our offices and you had everyone's attention. Many people enjoyed this format and our days were lively" (Whetzel retirement speech, 1).

In 1981, with only one other staff member, the PONCHO gala raised $400,000 for the arts. Fourteen years later -- when Whetzel retired -- the organization had grown to a staff of five and about 700 volunteers, who were handling both the annual gala fundraiser and an International Wine Auction (begun in 1991 under PONCHO president Carl Behnke). PONCHO's contribution to the arts in 1995 was $1,250,000.

The PONCHO board during these years was dynamic and it was a time of technology change. A gift in 1982 from Fluke Capital and Management allowed PONCHO to become fully computerized. This meant converting the group's card files and changing its manner of tracking procured items, listing revenues, and handling party reservations and sales. PONCHO also was able to begin computerized bidding -- what staff referred to as the "Bid-O-Gram."

PONCHO made other changes. In 1985 the board elected its first woman president, Faye Sarkowsky played a key role in moving ACT from Queen Anne Hill to a new home in the Eagles Auditorium helped grow the Seattle Rep, Intiman, and Empty Space theaters into first-class operations was a major player in building the Seattle Opera into a world-class operation and helped establish a home for the Pacific Northwest Ballet.

During this time, PONCHO also made several location moves, including a shift of its offices in 1989 to the Lloyd Building in downtown Seattle, giving the group its first real office space. A bigger change, however, came in 1984 when the auction gala moved from the Seattle Center Exhibition Hall to Seattle's Sheraton Hotel. The Sheraton offered several advantages, such as easy parking and overnight lodging for travelers who came from a distance. Also the space at the Exhibition Hall was limited to one large room that each year was ably decorated and transformed with the help of the Bon Marche and volunteers. The Sheraton offered the advantage of a parking lot tent that could accommodate large items such as boats and vans. But as longtime PONCHO board member C. David Hughbanks remembers of those years in the Exhibition Hall, "It was much more fun in the early days when we closed the auction just about when the early morning risers met the chirping birds in the London Plane trees on Mercer Street" (Hughbanks email). At the Sheraton, more dollars were raised but the cost of staging became increasingly expensive though the net results were larger, fewer dollars were left to give to the beneficiaries.

The Charity Auction

One of PONCHO's biggest legacies is the group's leadership role in creating a charity auction industry, of which Seattle has been a world leader. This evolved through collaboration with various auctioneers, perhaps the most memorable being husband-and-wife team Richard E. Friel (1933-2010) and Sharon Lund Friel. As Sharon Friel explained, a charity auction is different from a regular commercial auction: With a regular auction people come to buy a particular item, but with a charity auction they come to support a cause or a friend who is sponsoring a table and have to be persuaded to buy auction items, so the charity auctioneer needs to be a great showman (Friel interview).

Items that were the biggest draws were things that money could not buy, such as a 1987 auction chance to wash an elephant at the Woodland Park Zoo or -- a recurring favorite -- accompanying the crew on a Boeing delivery flight. Dick Friel was so successful as an auctioneer that he and Sharon began to teach classes in and out of the region, even carrying the concept to Australia, accompanied by Judith Whetzel, in 1985.

Meeting New Challenges

In 1992 Carol Evans (later Munro) joined PONCHO as Assistant Director, working with Judy Whetzel. Evans became Interim Director in 1995 and was Executive Director from 1996 to 2003, years of great transition for the organization. In addition to its annual gala, PONCHO added a separate art auction, a wine auction and a garage sale. The group had always worked with a small staff and a crew of dedicated volunteers but now procurement and fundraising had become a demanding year-round effort. By the 1990s Seattle's cultural scene had matured, with hundreds of art groups, and PONCHO's gala was no longer the city's biggest annual event. The group needed to find where the needs were greatest. It was during this period that computer technology began changing both record-keeping and the bidding process, and while this offered advancements, it also necessitated time-consuming training.

Despite these challenges, during Evans's years with the organization, PONCHO raised 12 million dollars, established an arts education initiative, developed the organization's first strategic plan, and began a PONCHO endowment. An Artist of the Year Award was begun in 2000, intended to be given yearly to a living Northwest artist. The award was created in honor of Morris and Joan Gottstein Alhadeff, who were active with PONCHO in its early years. In addition to recognition, each recipient received an honorarium of $5,000, underwritten in perpetuity by the Alhadeff family. The first recipient was painter Jacob Lawrence (1917-2000).

Closing Shop, Continuing the Mission

The 2008 economic recession severely impacted Seattle's arts organizations as well as school arts programs. Gordon Hamilton and Lorna Kneeland were two of PONCHO's last Executive Directors. In 2012, PONCHO launched the Youth Philanthropy Project (YPP) intended to educate young people about arts issues and grant-making the Youth Program Quality Initiative, an out-of-school arts program, and the Saint Therese Catholic Academy Arts, in partnership with Arts Corps, collaborating with teachers to help develop student creativity and critical thinking.

On February 21, 2013, PONCHO issued a press release announcing that the organization would cease day-to-day operations on April 30 and become a legacy fund within the Seattle Foundation. PONCHO's 2013 president Stephen Kutz stated that the board had decided this was the best model for the next 50 years. After funding its outstanding obligations, PONCHO encouraged past donors, sponsors, patrons, and volunteers to contribute to the arts through the PONCHO Legacy Fund.

Following the group's closure, the Museum of History and Industry (MOHAI) began an oral-history project with PONCHO notables. In her interview, Carol Evans Munro summed up her years with the organization, saying:

"It was a blast. All the way through my years with PONCHO, it was the people-- from the board members to the volunteers -- and so many wonderful donors that believed so much in supporting the arts and the cause. You'd work with them year after year. It was impressive the amount of time people gave outside of their normal working life, yet this was something they all believed passionately in and spent a lot of time and energy to making the organization be successful" (Munro interview).

Seattle Office of Arts & Cultural Affairs
King County

PONCHO 50th anniversary logo, 2013

Judy Whetzel on working with PONCHO and raising money for the arts

Alice Rooney on Judith Whetzel's push for 1% for Art

PONCHO board members, gala auction, Seattle Center, ca. 1970

PONCHO auction catalog, "Tivoli," 1971

Poncho Theatre, Woodland Park Zoo, Seattle, 1972

Courtesy Seattle Municipal Archives (30784)

Faye Sarkowsky, PONCHO gala, Seattle, 1978

PONCHO auction catalog, 1978

Dick and Sharon Friel, PONCHO auction, Seattle, 1976

Mischa Leenertsen and David Wyman, PONCHO gala auction, Seattle, 1978


Levinwick Ltd v Hollingsworth

1. The plaintiff is the owner of a chain of pharmacies and at all material times owned and operated Blakes Pharmacy at Main Street, Celbridge, County Kildare.

2. The defendant is a Pharmacist who worked as Pharmacy Manager at Blakes Pharmacy from 7th August 2007, until 1st March, 2013. Between 4th March 2013, and 24th November, 2013, the defendant worked as Supervising Pharmacist with ‘Your Local Pharmacy Group’ in Huntstown, Dublin 15. Between 9th December 2013, and 4th January 2014, he worked as Pharmacy Manager with Tesco Pharmacy, Newbridge, County Kildare. On 7th January 2014, the defendant commenced employment with Chemco Pharmacy as Pharmacy Manager and the pharmacy began trading in Celbridge, County Kildare, on 14th January, 2014. It is this latter contract of employment that has given rise to these proceedings.

3. In these proceedings, the plaintiff seeks to enforce the terms of his contract of employment made on 7th August 2007 (“the contract”), in which he agreed not to do similar work in another pharmacy within a two-mile radius of Blakes Pharmacy for a period of 24 months after the termination of his employment.

      “You undertake that during the term of your employment but for a period of 24 months after the termination of your employment, for any reason, you will not be employed or engaged by, do locum work, manage, own or part-own, a pharmacy or other retail business which trades in cosmetics or gifts or which provides photography services within a two-mile radius of the Pharmacy, you will not solicit in competition with the Pharmacy the business of any person, firm or company who is at the time of termination of your employment or was during the preceding 12 months a customer of the Pharmacy and you will not, in competition with the Pharmacy, solicit any person who was during your employment with the Pharmacy employed or engaged by the Pharmacy within 12 months prior to the termination of your employment, and who by means of such employment, is likely to be in possession of confidential information relating to the Pharmacy or its business.

    You agree that all of the above restrictions are reasonable in all the circumstances and are no more than is necessary for the protection of the interests of the Pharmacy.

    You agree that, in the event that any of the above restrictions is held to be unreasonable by reason of the area, duration or type or scope of service covered by such restriction, then effect will be given to such restriction in such reduced form as may be decided by any court of competent jurisdiction.”

    (ii) are no wider than is reasonably necessary for the protection of that interest. See Office Angels Ltd. v. Rainer-Thomas & O’Connor [1991] I.R.L.R. 214, and Murgitroyd & Co. Ltd. v. Purdy [2005] 3 IR 12.

        “The test seems to be, therefore, as to whether in all the circumstances of the case both the nature of the restriction and its extent is reasonable to protect the goodwill of the employer. Clearly certain clauses which preclude solicitation come within that definition provided that they are not excessively wide. In certain other cases clauses have been upheld which have prohibited employees setting up a similar business within a specified distance of an employer's establishment: see for example Marion White Ltd. v. Francis[1972] 1 W.L.R. 1423. But it is clear that the duration of the prohibition and the geographical scope of same are important matters to be considered having regard to the nature of the work in question and the structure of the business.”
          “. . . it is also clear that a more restrictive view is taken of covenants by employees than is taken of covenants given on sale of a business. Covenants against competition by former employees are never reasonable as such. They may be upheld only where the employee might obtain such personal knowledge of, and influence over, the customers of his employer as would enable him, if competition were allowed, to take advantage of his employer's trade connection: see Kores Manufacturing Co. Ltd. v. Kolok Manufacturing Co. Ltd.[1959] Ch. 108.”

        8. In assessing whether the restrictions in clause 15 of the contract are necessary to protect a legitimate business interest of the plaintiff and no wider than reasonably necessary for the protection of that interest, it is necessary to analyse the role of the defendant while he was working with Blakes Pharmacy and his current role, and the extent to which he interacted with the customers of Blakes Pharmacy.

        9. The defendant was the only person who gave direct evidence as to the degree of interaction between him and customers calling to Blakes Pharmacy. He informed the court that the pharmacy drew customers from Celbridge and that three doctors in General Practice had clinics near the Main Street in Celbridge and there were two nursing homes nearby. In 2007, when he commenced his employment, there were three pharmacies in Celbridge three further pharmacies have opened in the town since October 2011. He described the role of Pharmacy Manager, which was primarily involved with dispensing prescription medicines and he had responsibility for purchasing and making payments to suppliers. He converted one room upstairs in the premises into an office and he said that the majority of his activities were carried on in the office. He worked a 40-hour week. The pharmacy was open seven days a week and 12 hours every day. He described the staffing levels in the pharmacy. There were two fulltime Pharmacists and two part-time locum Pharmacists to cover weekend and backup work. There were two dispensing technicians and eight or nine counter retail assistants who handled the bulk of customer transactions, although these would have been dealing with non-prescription items. The defendant was one of the two fulltime Pharmacists, but he had many administrative duties. The main role of the other Pharmacist was to run the Dispensary and she had a large level of customer contact. He said that she would have a higher level of personal contact with customers than he did. The two part-time locum Pharmacists would be the only Pharmacists seen by customers at weekends. He did not see himself as “the face” of the pharmacy. In the defendant’s view, issues which might draw people to a pharmacy were proximity to their home or to their doctor and the availability of parking facilities. He said he would find it unusual that people would follow a Pharmacist to another pharmacy where they might go to work. He agreed with a suggestion by counsel for the plaintiff that it would take a new Pharmacist approximately two and a half years to get established in a neighbourhood.

        10. The court heard evidence from Mr. Tom McDonald, a Chartered Accountant from Benson Lawlor, who provide services to the plaintiff and the pharmacy industry generally. I accept his evidence that, in recent years, various State health agencies have cut the charges of pharmaceutical products, and in particular, prescription drugs, and that there has been a progressive reduction in the prescription fee for pharmacies. This has put pressure on pharmacies and there is also increasing competition in the market. He gave evidence to the court of the decline in the business at Blakes Pharmacy and attributed 75% of that to the defendant moving. In his view, the customers were following the defendant. Mr. McDonald said that the 24-month restriction in the defendant’s contract of employment would protect the goodwill of the plaintiff because the owners are not involved in the day-to-day running of the business, but a person in the defendant’s position would be seen as “the face” of the pharmacy. Goodwill is a real asset of the pharmacy and it takes time to train a new Pharmacy Manager and for that person to build up a new relationship.

        11. The court also heard evidence from Mr. Brian Hyland, an Accountant with Baker Tilley Ryan Glennon Accountants, who carried out a review of the financial statements of the plaintiff from 2008 to 2013, together with copies of VAT returns for part of the period from February 2010 to December 2013, and the projected losses for 2014 and 2015. He gave evidence that since 2009, sales started to decline at the pharmacy and continued to decline annually thereafter, with a total decline of turnover of 26.55% from 2009 to 2013, which was an average decline of nearly 6% per annum.

        12. I accept the evidence of Mr. Hyland. Bearing in mind that the defendant worked with the pharmacy from August 2007 until March 2013, it is clear that for the greater part of his tenure in Blakes Pharmacy, turnover was declining. This decline began within two years of the commencement of his employment there which lasted almost five and a half years.

        13. There were also other factors at play, as described by Mr. Tom McDonald of Benson Lawlor, and Mr. Dermot Ryan, a director of the plaintiff. Not least among these was the increasing number of pharmacies in the Celbridge area and the fact that there was a reduction in prescription fees due to Government policy.

            “An excellent relationship has been forged between my staff and our customers since I took on the role here as MP and they constantly remind us how professional and friendly our customer service is in comparison to our competitors in Celbridge. As my staff and I all reside in Celbridge, we are regarded as being fellow members of the community and not just employees of Blakes Pharmacy by our fiercely loyal customers, all of which is reflected in the goodwill aspect of the business.”

          16. In the course of his evidence, Mr. Dermot Ryan, a director of the plaintiff, conceded that the plaintiff was not alleging that the defendant was in breach of a non-solicitation clause, nor was it alleging that he took with him any trade secrets or plans of the plaintiff. The plaintiff contended that it was its goodwill that had to be protected and that the clause in issue in this case was no wider than was reasonably necessary for that purpose. The plaintiff relied on the fact that it takes a substantial period of time for a new Pharmacy Manager to build up a relationship with customers. This was not disputed by the defendant. But I cannot ignore the fact that in Blakes Pharmacy, there were a substantial number of employees, including two Pharmacists and two locum Pharmacists to cover weekends and backup. I have to consider these facts in determining what was reasonable and the extent to which it was likely that a particular Pharmacist (the defendant) would have built up such a special relationship with customers, as is claimed by the plaintiff. I also have to consider the particular role of the defendant, as Pharmacy Manger, which involved him in many administrative duties relating to the pharmacy which required him to spend a considerable amount of time in an office on the premises.

          17. The plaintiff did not seek to establish that a less onerous restrictive clause was not reasonable or practicable in the particular circumstances that arose in this case.

          18. An issue arose as to the date on which the defendant’s employment with Blakes Pharmacy terminated. The plaintiff contends that it terminated with effect from 30th April 2013, as under clause 8, he was required to give three months’ notice of his intention to leave the pharmacy. The defendant gave six weeks notice. He says this was accepted by the plaintiff, and on that basis, his employment would have ended on 15th March 2013. But as he had accrued holiday leave of two weeks, he gave evidence that his manager, Mr. Juan Fravega, agreed that he could leave the plaintiff’s employment two weeks early, on 1st March 2013. He was issued with a P45 with a date of cessation of 6th March 2013, which corresponds with his final payslip.

          19. The evidence of the defendant on this issue was not contradicted and I accept that it was agreed that he could leave on 1st March 2013. It seems that his P45 showed 6th March 2013, as the date of cessation of his employment because he was paid one week in arrears. In any event, not much turns on this. But insofar as it is an issue, I hold that the date of cessation of his employment was 6th March 2013, and that this was agreed with the plaintiff.

          Conclusion
          20. Clause 15 of the defendant’s contract is contract in restraint of trade and therefore only enforceable if it protects a legitimate business interest of the plaintiff and is no wider than is reasonably necessary for the protection of that interest. I accept the submission of the defendant that both the nature of the restriction and its extent must be reasonable to protect the goodwill of the employer if the clause is to be enforceable.

          21. The plaintiff has not established that the nature of the defendant’s position and his work in Blakes Pharmacy gave rise to such a personal connection with customers of the Pharmacy that the restriction imposed by clause 15 was necessary to protect the goodwill of the plaintiff. Therefore, the plaintiff is not entitled to the injunctive relief or damages or other relief claimed in the statement of claim.


          December 18, 2013 Day 333 of the Fifth Year - History

          "Fifteen? Done!" cried the banker. "Gentlemen, I stake two million!"

          "Agreed! You stake your millions and I stake my freedom!" said the young man.

          And this wild, senseless bet was carried out! The banker, spoilt and frivolous, with millions beyond his reckoning, was delighted at the bet. At supper he made fun of the young man, and said:

          "Think better of it, young man, while there is still time. To me two million is a trifle, but you are losing three or four of the best years of your life. I say three or four, because you won't stay longer. Don't forget either, you unhappy man, that voluntary confinement is a great deal harder to bear than compulsory. The thought that you have the right to step out in liberty at any moment will poison your whole existence in prison. I am sorry for you."

          And now the banker, walking to and fro, remembered all this, and asked himself: "What was the object of that bet? What is the good of that man's losing fifteen years of his life and my throwing away two million? Can it prove that the death penalty is better or worse than imprisonment for life? No, no. It was all nonsensical and meaningless. On my part it was the caprice of a pampered man, and on his part simple greed for money . "

          Then he remembered what followed that evening. It was decided that the young man should spend the years of his captivity under the strictest supervision in one of the lodges in the banker's garden. It was agreed that for fifteen years he should not be free to cross the threshold of the lodge, to see human beings, to hear the human voice, or to receive letters and newspapers. He was allowed to have a musical instrument and books, and was allowed to write letters, to drink wine, and to smoke. By the terms of the agreement, the only relations he could have with the outer world were by a little window made purposely for that object. He might have anything he wanted - books, music, wine, and so on - in any quantity he desired by writing an order, but could only receive them through the window. The agreement provided for every detail and every trifle that would make his imprisonment strictly solitary, and bound the young man to stay there exactly fifteen years, beginning from twelve o'clock of November 14, 1870, and ending at twelve o'clock of November 14, 1885. The slightest attempt on his part to break the conditions, if only two minutes before the end, released the banker from the obligation to pay him the two million.

          For the first year of his confinement, as far as one could judge from his brief notes, the prisoner suffered severely from loneliness and depression. The sounds of the piano could be heard continually day and night from his lodge. He refused wine and tobacco. Wine, he wrote, excites the desires, and desires are the worst foes of the prisoner and besides, nothing could be more dreary than drinking good wine and seeing no one. And tobacco spoilt the air of his room. In the first year the books he sent for were principally of a light character novels with a complicated love plot, sensational and fantastic stories, and so on.

          In the second year the piano was silent in the lodge, and the prisoner asked only for the classics. In the fifth year music was audible again, and the prisoner asked for wine. Those who watched him through the window said that all that year he spent doing nothing but eating and drinking and lying on his bed, frequently yawning and angrily talking to himself. He did not read books. Sometimes at night he would sit down to write he would spend hours writing, and in the morning tear up all that he had written. More than once he could be heard crying.

          In the second half of the sixth year the prisoner began zealously studying languages, philosophy, and history. He threw himself eagerly into these studies - so much so that the banker had enough to do to get him the books he ordered. In the course of four years some six hundred volumes were procured at his request. It was during this period that the banker received the following letter from his prisoner:

          "My dear Jailer, I write you these lines in six languages. Show them to people who know the languages. Let them read them. If they find not one mistake I implore you to fire a shot in the garden. That shot will show me that my efforts have not been thrown away. The geniuses of all ages and of all lands speak different languages, but the same flame burns in them all. Oh, if you only knew what unearthly happiness my soul feels now from being able to understand them!" The prisoner's desire was fulfilled. The banker ordered two shots to be fired in the garden.

          Then after the tenth year, the prisoner sat immovably at the table and read nothing but the Gospel. It seemed strange to the banker that a man who in four years had mastered six hundred learned volumes should waste nearly a year over one thin book easy of comprehension. Theology and histories of religion followed the Gospels.

          In the last two years of his confinement the prisoner read an immense quantity of books quite indiscriminately. At one time he was busy with the natural sciences, then he would ask for Byron or Shakespeare. There were notes in which he demanded at the same time books on chemistry, and a manual of medicine, and a novel, and some treatise on philosophy or theology. His reading suggested a man swimming in the sea among the wreckage of his ship, and trying to save his life by greedily clutching first at one spar and then at another.

          The old banker remembered all this, and thought:

          "To-morrow at twelve o'clock he will regain his freedom. By our agreement I ought to pay him two million. If I do pay him, it is all over with me: I shall be utterly ruined."

          Fifteen years before, his millions had been beyond his reckoning now he was afraid to ask himself which were greater, his debts or his assets. Desperate gambling on the Stock Exchange, wild speculation and the excitability whic h he could not get over even in advancing years, had by degrees led to the decline of his fortune and the proud, fearless, self-confident millionaire had become a banker of middling rank, trembling at every rise and fall in his investments. "Cursed bet!" muttered the old man, clutching his head in despair "Why didn't the man die? He is only forty now. He will take my last penny from me, he will marry, will enjoy life, will gamble on the Exchange while I shall look at him with envy like a beggar, and hear from him every day the same sentence: 'I am indebted to you for the happiness of my life, let me help you!' No, it is too much! The one means of being saved from bankruptcy and disgrace is the death of that man!"

          It struck three o'clock, the banker listened everyone was asleep in the house and nothing could be heard outside but the rustling of the chilled trees. Trying to make no noise, he took from a fireproof safe the key of the door which had not been opened for fifteen years, put on his overcoat, and went out of the house.

          It was dark and cold in the garden. Rain was falling. A damp cutting wind was racing about the garden, howling and giving the trees no rest. The banker strained his eyes, but could see neither the earth nor the white statues, nor the lodge, nor the trees. Going to the spot where the lodge stood, he twice called the watchman. No answer followed. Evidently the watchman had sought shelter from the weather, and was now asleep somewhere either in the kitchen or in the greenhouse.

          "If I had the pluck to carry out my intention," thought the old man, "Suspicion would fall first upon the watchman."

          He felt in the darkness for the steps and the door, and went into the entry of the lodge. Then he groped his way into a little passage and lighted a match. There was not a soul there. There was a bedstead with no bedding on it, and in the corner there was a dark cast-iron stove. The seals on the door leading to the prisoner's rooms were intact.

          When the match went out the old man, trembling with emotion, peeped through the little window. A candle was burning dimly in the prisoner's room. He was sitting at the table. Nothing could be seen but his back, the hair on his head, and his hands. Open books were lying on the table, on the two easy-chairs, and on the carpet near the table.

          Five minutes passed and the prisoner did not once stir. Fifteen years' imprisonment had taught him to sit still. The banker tapped at the window with his finger, and the prisoner made no movement whatever in response. Then the banker cautiously broke the seals off the door and put the key in the keyhole. The rusty lock gave a grating sound and the door creaked. The banker expected to hear at once footsteps and a cry of astonishment, but three minutes passed and it was as quiet as ever in the room. He made up his mind to go in.

          At the table a man unlike ordinary people was sitting motionless. He was a skeleton with the skin drawn tight over his bones, with long curls like a woman's and a shaggy beard. His face was yellow with an earthy tint in it, his cheeks were hollow, his back long and narrow, and the hand on which his shaggy head was propped was so thin and delicate that it was dreadful to look at it. His hair was already streaked with silver, and seeing his emaciated, aged-looking face, no one would have believed that he was only forty. He was asleep . In front of his bowed head there lay on the table a sheet of paper on which there was something written in fine handwriting.

          "Poor creature!" thought the banker, "he is asleep and most likely dreaming of the millions. And I have only to take this half-dead man, throw him on the bed, stifle him a little with the pillow, and the most conscientious expert would find no sign of a violent death. But let us first read what he has written here . "

          The banker took the page from the table and read as follows:

          "To-morrow at twelve o'clock I regain my freedom and the right to associate with other men, but before I leave this room and see the sunshine, I think it necessary to say a few words to you. With a clear conscience I tell you, as before God, who beholds me, that I despise freedom and life and health, and all that in your books is called the good things of the world.

          "For fifteen years I have been intently studying earthly life. It is true I have not seen the earth nor men, but in your books I have drunk fragrant wine, I have sung songs, I have hunted stags and wild boars in the forests, have loved women . Beauties as ethereal as clouds, created by the magic of your poets and geniuses, have visited me at night, and have whispered in my ears wonderful tales that have set my brain in a whirl. In your books I have climbed to the peaks of Elburz and Mont Blanc, and from there I have seen the sun rise and have watched it at evening flood the sky, the ocean, and the mountain-tops with gold and crimson. I have watched from there the lightning flashing over my head and cleaving the storm-clouds. I have seen green forests, fields, rivers, lakes, towns. I have heard the singing of the sirens, and the strains of the shepherds' pipes I have touched the wings of comely devils who flew down to converse with me of God . In your books I have flung myself into the bottomless pit, performed miracles, slain, burned towns, preached new religions, conquered whole kingdoms .

          "Your books have given me wisdom. All that the unresting thought of man has created in the ages is compressed into a small compass in my brain. I know that I am wiser than all of you.

          "And I despise your books, I despise wisdom and the blessings of this world. It is all worthless, fleeting, illusory, and deceptive, like a mirage. You may be proud, wise, and fine, but death will wipe you off the face of the earth as though you were no more than mice burrowing under the floor, and your posterity, your history, your immortal geniuses will burn or freeze together with the earthly globe.

          "You have lost your reason and taken the wrong path. You have taken lies for truth, and hideousness for beauty. You would marvel if, owing to strange events of some sorts, frogs and lizards suddenly grew on apple and orange trees instead of fruit, or if roses began to smell like a sweating horse so I marvel at you who exchange heaven for earth. I don't want to understand you.

          "To prove to you in action how I despise all that you live by, I renounce the two million of which I once dreamed as of paradise and which now I despise. To deprive myself of the right to the money I shall go out from here five hours before the time fixed, and so break the compact . "

          When the banker had read this he laid the page on the table, kissed the strange man on the head, and went out of the lodge, weeping. At no other time, even when he had lost heavily on the Stock Exchange, had he felt so great a contempt for himself. When he got home he lay on his bed, but his tears and emotion kept him for hours from sleeping.

          Next morning the watchmen ran in with pale faces, and told him they had seen the man who lived in the lodge climb out of the window into the garden, go to the gate, and disappear. The banker went at once with the servants to the lodge and made sure of the flight of his prisoner. To avoid arousing unnecessary talk, he took from the table the writing in which the millions were renounced, and when he got home locked it up in the fireproof safe.


          No Age

          Los Angeles duo No Age updated the spirit of early independent punk and hardcore by covering their spiky, uptempo songs with washes of textural ambient noise. In their earliest days, the pair sounded like My Bloody Valentine remixing Hüsker Dü's initial SST output, borrowing from both the positive-minded D.I.Y. all-ages scene they were heavily involved with in L.A., as well as healthy amounts of art world stylization. The group would walk the line between these two poles throughout their career, from flirtations with pop-friendly melodies on their 2008 full-length Nouns to the blurred art rock of 2013's An Object.

          Following the mid-tour dissolution of their band Wives, longtime friends Dean Spunt and Randy Randall formed No Age in December of 2005. Already active participants in the D.I.Y. scene centered around L.A. all-ages venue The Smell, Randall and Spunt quickly worked up a set of fast, punky songs consisting of only drums, guitar, and vocals alternately held together and buried in noisy samples of the duo's own creation. They played their first show within weeks of forming, and made frequent live performances one of the keystones of their musical practice. The first recorded output from No Age came in the form of five EPs, each released on a different independent label on March 26, 2007. Some of the material from these EPs was collected as Weirdo Rippers, an album-length singles compilation released later in 2007 on U.K. label FatCat. Positive reviews, growing buzz in underground circles, and an in-depth article on the band in The New Yorker all heightened No Age's visibility, as did the band's continued constant touring with an emphasis on all-ages shows and less traditional venues. They signed on with Sub Pop for the 2008 release of their proper full-length debut Nouns. The album was better produced and more pop-oriented than anything they'd done before, but maintained their raw songwriting and use of ethereal samples as a glue for their spare instrumentation. In keeping with the high-art aesthetic that the band had exhibited in their videos, album artwork, and various collaborations with visual and performance artists, the packaging for Nouns was involved and elaborate it was nominated for a best design Grammy that year. In October of 2009, the band released the four-song EP Losing Feeling, which was followed the next year by second album Everything in Between. During this time the band participated in a wide variety of art projects in addition to their regular touring and recording. Along with various live film score performances, soundtrack work, and small-run publications, the band performed with video artist Doug Aitken and actress Chloë Sevigny for multimedia installation piece Black Mirror on the Greek island of Hydra in June 2011.

          In 2013 they recorded their third album, An Object, a conceptual work as much about the process and texture of music-making as about the music itself, with every single aspect of production and design handled by the bandmembers themselves. They went on tour, issuing a cassette (the four-song An Object Tour Cassette), then contributed covers of the Gun Club's "Sex Beat" and Black Flag's "Six Pack" to the extremely limited-edition box set Thirty Three and a Third and a Third - 333: The Half Mark of the Beast in 2014. That same year they had two songs released with issue 24 of the intricately packaged periodical The Thing Quarterly. Though No Age continued to play shows, they didn't issue any additional music until 2016's self-released 7" single "Separation"/"Serf to Serf." A full slate of shows followed in 2017, as did more recording. With the support of their new label Drag City, No Age released their fourth album, Snares Like a Haircut, in early 2018. Fifth album Goons Be Gone arrived, again on Drag City, in June of 2020. Both albums for the new label found No Age returning to the same kind of tightrope walk between fast, moody punk songs and the layered atmospherics that defined their earliest work.


          Thomas Andrew Stakkeland

          Thomas Andrew ‘Tom’ Stakkeland, 60, a lifelong Skagit County resident, went home to be with his Lord with his sons at his side on Saturday, February 14, 2009 at Riverfront Park in Sedro-Woolley.
          Tom was born on April 21, 1948 in Mount Vernon, Washington, the son of Melvin T. & Olive C. ‘Dutchie’ Christofferson Stakkeland.
          He was raised and attended grade school in Clear Lake and then high school in Sedro-Woolley, where he was active in sports and was crowned ‘King Legs’ his senior year for homecoming festivities. Tom graduated with the class of 1966. During his school years he worked on his family’s farm, C & S Farms and Dairy Valley Farms, milking cows and driving equipment and in costruction. After school, Tom continued to work in the construction industry, clearing land and building and selling homes. He also worked at the refinery, in retail sales at Skagit Lumber, in sales and marketing for Industrial Resource Industries in Clear Lake and once again for C & S Construction, working for his sons.
          He was united in marriage to Linda Drummond in Sedro-Woolley on August 18, 1974 and they made their home at the Fox farm until building a new home and settling in Clear Lake in 1999.
          Tom was a history buff and active in the Clear Lake Historical Society he served as a commissioner for the Clear Lake Volunteer Fire Department and he sort of looked out for some of the residents of the Clear Lake Community, putting them to work when needed or just offering a helping hand. He also enjoyed fixing broken furniture, clearing distressed property and building anything. He was also an avid reader and ‘The Duke’ of day trading.
          Tom is survived by his wife, Linda at the family home in Clear Lake. His sons, Seth Stakkeland and his wife, Megan and Samuel Stakkeland all of Clear Lake. His brother, Norman Stakkeland and his wife, Marlene of Royal City, WA and two sisters, Jeanette Forshier and her husband, Ron of Sun City Center, FL and Juanita Stakkeland of Navato, CA. A daughter-in-law, Bonnie Stakkeland of Burlington. Two granddaughters, Siara & Shonnie Stakkeland. His mother & father-in-law, Edna & Greer Drummond of Burlington brother & sister-in-law, David & Sally Drummond of Burlington, numerous nieces and nephews and a multitude of friends.
          He was preceded in death by his parents a sister, Virginia Wiseman and a son, Scott Stakkeland.
          Contributions in memory of Tom are suggested to the Clear Lake Historical Society, PO Box 333, the Clear Lake Volunteer Fire Dept., PO Box 186, the Clear Lake Community Covenant Church, PO Box 188, the Clear Lake Community Connection, PO Box 597, all in Clear Lake, WA 98235, His Place Church in Burlington or a charity of your choice.
          A Life Celebration will be held on Saturday, February 21, 2009 at 12 noon at the Clear Lake Community Covenant Church with Pastor Tim Hedberg officiating.
          Arrangements are under the direction of Lemley Chapel, Sedro-Woolley.


          Did You Know That Adolf Hitler’s Nazi Party ID Card Was 555?

          All despotic world tyrants have been a type or a picture of the final madman who the bible has long prophesied would come on the scene – the Antichrist, whose number will be 666 according to Revelation 13. But there have been those that have stood out in the annals of history above all the rest. In our time, Adolf Hitler wins the prize – hands down – for the scariest, most evil man to ever walk the face of the earth. But would it shock you to know that his ID card from the Nazi party was 555? We believe that this signifies that Hitler is the last world tyrant to show up before the appearance of the Antichrist himself.

          “Here is wisdom. Let him that hath understanding count the number of the beast: for it is the number of a man and his number is Six hundred threescore and six.” Revelation 13:18

          From KJV 1611.org: In the book Seig Heil by Stefan Lorant(Bonanza Books, NY) on page 120, there is a photograph of Adolf Hitler when he first registered with the Nazi Party in Austria. His ID card has an interesting number on it—555.

          Do you now what the number five means? Of course not all the modern scholars say it means “grace.” It only means “grace” in one case in the Scriptures, and that is the death of one man.

          They all forgot that there was a dead lamb on a death altar, that was five by five, every day—one in the morning and one in the evening—throughout Israel’s history for more than 1,000 years.

          They also forgot that the first man to die of natural causes in the Bible, died in Genesis 5:5 (Abel didn’t die naturally he was killed). They forgot that the frequency for the distress call S.O.S. is 500 kilocycles, and that when a pilot is sending out a distress call when his plane crashes, it is “Mayday”—that’s the fifth month in the year.

          So if anybody took their Bible study “seriously,” they would have a chart that the King James Bible set up for them—that the people who corrected the KJV couldn’t find—that would run something like this:
          111—the Roman Caesar Nero—anti-Semitic
          222—the Roman Catholic Constantine—anti-Semitic
          333—the Roman Catholic Charlemagne—anti-Semitic
          444—the Roman Catholic Napoleon—anti-Semitic
          555—the Roman Catholic Hitler—anti-Semitic
          666—the Roman Catholic Antichrist—anti-Semitic
          777—the Lord Jesus Christ, the true Messiah—Semitic
          888—the New Heavens, the New Earth, the New Jerusalem


          10 Royal Turtles Released into their Natural Habitat

          Kampong Seila (Jan 28, 2021) – The Wildlife Conservation Society (WCS), the Department of Fisheries Conservation of the Fisheries Administration of the Ministry of Agriculture, Forestry and Fisheries, ​​in collaboration with Wildlife Reserves Singapore (WRS), today released ten critically endangered Royal Turtles (Batagur affinis) into the Sre Ambel River system in Chamkar Luong commune, Kampong Seila district of Preah Sihanouk province.

          The release was made under a jointly funded project supported by the European Union (EU), WRS, the Rainforest Trust, the US Forest Service and Turtle Survival Alliance implemented by WCS in partnership with the Fisheries Administration (FiA).

          This Royal Turtle release is the result of nearly two decades of turtle nest protection, care for the young turtles in the Koh Kong Reptile Conservation Centre, and community-based protection of turtles on the Sre Ambel River, funded by WRS and other donors. This is the fifth release of Royal Turtles into the Sre Ambel River system, following releases made in 2015, 2017, 2019 and 2020 making a total of 96 turtles -​ returned to the wild.

          Mr. Ouk Vibol, Director of Department of Fisheries Conservation, said “we highly appreciate the participation of local authorities, community and WCS in the release ceremony, who have been working together to conserve critically endangered turtles so that they can persist in the natural water bodies”. He added “all stakeholders should continue their efforts to conserve the threatened species, and those who still trade protected species will face legal action”.

          All ten Royal Turtles, globally known as Southern River Terrapin (Batagur affinis), were collected immediately after emerging from their nests along the Sre Ambel River and Kampong Leu River in Koh Kong and Preah Sihanouk provinces from 2006 to 2015 and sent to Koh Kong Reptile Conservation Center in Tuol Korki village, Tuol Korki commune of Mondul Seima district, where they have been cared for and prepared for a life in the wild, said Som Sitha, WCS Landscape Project Manager.

          The Royal Turtle is one of the world’s 25 most endangered freshwater turtles and tortoises. It is listed on the IUCN Red List as Critically Endangered, and has been designated as Cambodia’s National Reptile by a Royal Decree issued in 2005.

          The continued sand dredging, illegal fishing, overexploitation and loss of habitat which resulted from land grabbing and clearance of riparian flooded forest are major threats to the survival of these species which is at great risk of extinction.

          The Royal Turtle was believed extinct in Cambodia until 2000 when a small population was rediscovered by Fisheries Administration (FiA) and WCS in the Sre Ambel River. Since then, WCS and FiA have been working together to protect the species from extinction. Conservation activities include nest protection program, head-starting, law enforcement, research and monitoring, prevention of illegal trade, outreach and livelihood support, supported by several donors including the European Union (EU) and Wildlife Reserves Singapore (WRS).

          “We congratulate the Royal Government, local authorities and WCS for their joint efforts in protecting these Royal Turtles, thus highlighting how important it is to protect Cambodia’s rich biodiversity”, said EU Ambassador to Cambodia, Ms. Carmen Moreno.

          The EU is funding a wildlife conservation project, in which WCS and the Fisheries Administration partner with local communities to counter illegal wildlife trafficking and to protect endangered turtles species’ nests. The EU is also the main development partner supporting Cambodia’s sustainable management of its important fisheries.

          Dr Sonja Luz, Vice President, Conservation, Research & Veterinary at WRS said, “It’s very encouraging to see the progress of the project, with nearly 100 Royal Turtles now released back to the wild since 2015. This really is the culmination of efforts by the local authorities, community and various wildlife organisations who have come together, with the goal of saving this species from extinction. We are truly committed to continue working with our many partners in protecting threatened species, such as Cambodia’s Royal Turtle, in the region.”

          Mr. Ken Sereyrotha, WCS Country Program Director, concludes: “the nest protection program plays a vital role to protect the species by promoting participation of the local community to protect nests and allowing nests to successfully hatch, head start and release into the wild”.


          III. Discussion of the Proposal

          A. New Requirements for Chemical Oxygen Generator Installations (§&thinsp25.795)

          The current requirements for COGs relate primarily to protecting the airplane and passengers from the heat produced by the generators. These standards are in §&thinsp25.1450 and will continue to apply. The requirements of §&thinsp25.1450 address safety requirements for COGs when correctly installed and operating, as well as predictable failures. These existing requirements do not consider the deliberate misuse of a COG, or the potential effects of that misuse.

          As previously discussed, §&thinsp25.795 addresses the incorporation of security measures into an airplane design, following similar standards adopted by ICAO. Currently, §&thinsp25.795 does not address COGs, as they were not considered at the time that regulation was adopted. Nevertheless, since the issues of concern stem from security considerations, the FAA has determined that the most logical location for these new COG standards is in §&thinsp25.795, Security considerations.

          Again, the FAA is proposing standards based on recommendations from the LOARC. This proposal would amend §&thinsp25.795 by requiring that each COG or its installation must be designed to be secure by meeting at least one of the following four conditions: (1) Provide effective resistance to tampering (2) provide an effective combination of resistance to tampering and active tamper-evident features (3) installing in a location or manner where any attempt to access the COG would be immediately obvious and (4) by a combination of these approaches, provided the Administrator finds it to be a secure installation. These conditions are discussed in further detail below.

          There are two basic approaches to providing a secure lavatory COG installation: make a fully tamper-resistant installation, or incorporate a combined tamper-resistance and active tamper-evidence approach. Either of these approaches would be acceptable, but they involve different considerations.

          A COG that is inaccessible would be considered a tamper-resistant COG for the purposes of §&thinsp25.795(d). This could be accomplished by locating the COG in an inaccessible area, or installing it in a more conventional location in such a way that access to it is not possible. The ARC considered whether to characterize such an installation as &ldquotamper proof&rdquo rather than &ldquotamper resistant.&rdquo However, a literal interpretation of &ldquotamper proof&rdquo was considered to be too stringent, since there would always be some conceivable, albeit unreasonable, method to overcome tamper-proof features. Nonetheless, where tamper resistance is the sole method of providing security, it is intended that the features be very robust.

          If the installation cannot rely solely on a tamper-resistance approach, it is acceptable to incorporate a combined tamper-resistance and active tamper-evidence approach, as previously stated. Using this combined approach would also necessitate changes to crew procedures and concurrent training to provide the same level of security. In this case, it is intervention that ultimately prevents misuse of the generator, so crew involvement is Start Printed Page 1769 essential. The use of a tamper-evidence approach alone is unacceptable, since this relies entirely on intervention and does not improve the security of the COG itself. Neither the LOARC nor the FAA considers a tamper-evidence approach alone to adequately provide the needed security.

          Another method of providing a secure installation is by locating the COG where any attempt to access it would be immediately obvious. In other words, the COG might be in a location where it is accessible, but anyone attempting to gain access to it would be immediately noticed before actually gaining access. This method would not be feasible inside lavatories since they are inherently isolated from view. This method is not the same as a sole tamper-evidence approach, which is only effective after access has begun and relies entirely on subsequent intervention.

          There may be any number of combinations used of tamper-resistance and tamper-evidence approaches that would be effective. Applicants would need to make specific proposals and obtain FAA approval for a given approach. In addition, there may be methods of providing a secure installation that involve other elements that would also be acceptable but are not yet defined. The intent of these proposed requirements would allow for those possibilities, while at the same time set a clear performance goal.

          In addition, acceptable methods of employing tamper-resistance and tamper-evidence approaches are discussed in proposed AC 25.795, Chemical Oxygen Generator Security Requirements. A copy of AC 25.795 will be placed in the docket for this action.

          B. Alternative Approaches

          The FAA and the LOARC recognize that the unique nature of COGs drives the identified security vulnerability. Although not proposed in this action, there are other means of delivering supplemental oxygen, such as a stored gas system (either centrally or locally installed), that could eliminate the security vulnerability. These systems are currently used in certain airplane types and could be easily incorporated for new airplane type designs.

          C. General Provisions

          Although the installation of COGs in lavatories prompted the various rulemaking activities discussed in this proposal, the LOARC recommended applying the new standards to COG installations anywhere on the airplane, and the FAA agrees with this recommendation. The LOARC concluded that if the characteristic that makes the COG a risk exists in locations other than in lavatories, then those locations should also be subject to the same approval criteria. The LOARC did not attempt to identify any specific locations, but it developed assessment criteria to identify such locations. However, since lavatories are currently without supplemental oxygen, those are the locations with the greatest interest. The LOARC also concluded that the solution for other areas might be different than for lavatories. This information is also included in the above-noted proposed AC 25.795.

          D. Operational Requirements

          The FAA has superseded AD 2011-04-09, with AD 2012-11-09 which includes requirements to retrofit the fleet of airplanes affected by AD 2011-04-09. Superseding AD 2012-11-09 also applies to airplanes in production for which compliance relief was provided by SFAR 111. The expiration of SFAR 111 will correspond to the compliance date of AD 2012-11-09, since the relief provided by the SFAR will no longer be necessary once operators have complied with that AD. As noted earlier, the FAA has issued Policy Statement PS-ANM-25-04 to facilitate the incorporation of designs meeting these proposed requirements. AD 2012-11-09 references that policy as a potential means of compliance.

          The FAA does not intend any further mandate to retrofit oxygen generator systems because only lavatory COG installations that meet the criteria in Policy Statement PS-ANM-25-04 or in this NPRM would be approved. This means that even if there are some changes between this NPRM and the final rule, designs approved prior to the effective date of the final rule, in accordance with the policy, would not be affected. This applies to the design approval, not just to the airplanes on which the design is installed prior to the effective date of the final rule. Therefore, a design approved as an alternative means of compliance to AD 2011-04-09, or as a means of compliance to AD 2012-11-09, will still be approved for installation on airplanes after the effective date of this rule.

          All affected airplanes need to be modified either in accordance with the standards in this proposed rule, or via a prior approval as discussed in Policy Statement PS-ANM-25-04 before the expiration date of SFAR 111. For new design approvals on airplanes subject to AD 2012-11-09, or applications for type design changes after the effective date of the final rule, the FAA will use the requirements of the newly adopted §&thinsp25.795(d) as the approval basis. For example, if a design is approved per Policy Statement PS-ANM-25-04, and an applicant applies to amend the design after the effective date of the final rule, the amended design must comply with the requirements of §&thinsp25.795(d). For transport airplanes that are not subject to proposed AD 2012-NM-004-AD (e.g., all-cargo airplanes), §§&thinsp21.17 and 21.101, as applicable, will be used to determine whether the requirements of §&thinsp25.795(d) must be met.

          E. Miscellaneous Amendments (§&thinsp25.1450)

          Section 25.1450, which contains the general standards for COGs, would be revised to refer to the new §&thinsp25.795(d), in addition to the existing standards for COGs.


          Baltimore longshoremen elect new leaders to retake control of union from international trustee

          More than 18 months after the International Longshoremen's Association seized control of its largest Baltimore local, the union is poised to end its strict oversight of Local 333 after the local elected new leaders last week.

          The ILA imposed a trusteeship on Local 333 in December 2014 amid acrimonious contract talks with the employers of the workers who load and unload ships in the port of Baltimore. It came after a year of infighting and accusations that local officers mishandled the union's finances and stacked membership rolls in their favor.

          In a secret ballot election Thursday, ILA Local 333 members voted to make Scott Cowan its new president. He and four other new officers will be installed July 5.

          Reached Monday, Cowan said he was at work on the docks and couldn't comment.

          The installation of new leaders concludes a long and turbulent chapter for labor relations at the port of Baltimore that included a disruptive and costly three-day strike in the fall of 2013 and a lawsuit by some of the dockworkers against their union.

          While under the control of the international union, the local saw its membership rolls purged of about 500 members deemed to have been not valid by the union trustee, Wilbert Rowell. He also ushered in a new labor contract after an 18-month standoff between the dockworkers and the Steamship Trade Association of Baltimore, which represents shipping companies and other employers of ILA labor.

          The labor contract, which covers dockworkers' benefits and the shipping of automobiles and other noncontainerized cargo, was ratified by the membership in March 2015 and is valid through Sept. 30, 2018.

          "Many issues were addressed that will pave the way for the future success of the Port of Baltimore," said Jim McNamara, a spokesman of the New York-based international union, in a statement.

          The local union's former president, Riker "Rocky" McKenzie, former recording secretary Ezekiel Givens and more than 80 people purged from Local 333 sued the national union and the trade association the week before the vote, claiming they'd been removed to force the contract through. In October, a federal judge ruled against the plaintiffs, dismissing the case.

          McKenzie, a rival of Cowan's, ran against him in last week's election and lost by 77 votes, 382-305.

          Baltimore's public terminals lead North America in autos and roll-on/roll-off cargo and remain among the most productive in the U.S. in container shipping, McNamara said. In another sign of added stability, the world's largest container shipping company, Maersk Lines, returned to Baltimore in 2015 for the first time in 25 years, he said.

          "The trustee and members of Local 333 who assisted him during the trusteeship have worked diligently to foster a productive labor management relationship to ensure labor peace and economic stability in order to retain and attract new work to the port of Baltimore," McNamara said.

          The election and end of the trusteeship is "very good news for the port of Baltimore," said Richard Scher, a spokesman for the Maryland Port Administration.

          "We're encouraged that ILA's Local 333 completed a successful election last week that will return the leadership of the port's largest local back into the hands of local leadership," Scher said. "Our longshoremen and -women are keys to the overall success to the port of Baltimore and they remain a very productive workforce."


          Watch the video: Today in History for December 18th