Pregnant fixed-term workers gain protection of the law

first_imgRelated posts:No related photos. In a landmark ruling, a worker was unlawfully dismissed eventhough she hid her pregnancy at interview and was unable to fulfil most of hercontract. Plus cases on when sickness-related dismissal will be safe fromdisability discrimination claims, and how not to conduct an unfair dismissalsettlementPregnancy-related dismissal unlawful Tele Danmark v Brandt-Nielsen IDS Brief 696, ECJ Brandt was appointed on a six-month contract commencing 1 July 1995 and thefirst two months were to be spent training. Brandt was due to give birth inNovember, but did not tell Tele Danmark this. When she told her employer inAugust about her pregnancy she was dismissed. Brandt claimed sex discrimination, but was unsuccessful because she hadfailed to tell the company about her pregnancy. The decision was reversed onappeal, the court deciding Brandt had been dismissed on the grounds of herpregnancy. Tele Danmark appealed to the Danish Supreme Court, which referred the matterto the ECJ. Tele Danmark argued that it dismissed Brandt because she could notperform a substantial part of the contract, not because she was pregnant. Andher failure to inform them of the pregnancy at the outset breached the duty ofgood faith. The ECJ held the Equal Treatment and Pregnant Workers Directives applied.Dismissal (or refusal to recruit) because a worker is pregnant is direct sexdiscrimination, regardless of any financial loss incurred by the employerarising out of the employee’s absence because of pregnancy and regardless ofwhether the worker is fixed-term or permanent. An employee’s inability to perform a substantial part of the contract, thesize of the employing organisation and the fact that it may regularly usetemporary workers are irrelevant. Dismissal for persistent absence lawful, despite disability Callagan v Glasgow City Council IRLR 724, EAT Callagan commenced employment in 1993 and in 1996 his attendance recorddeteriorated. He failed to follow the absence reporting procedures and wasgiven a verbal warning, followed by a written warning in November 1997. The council arranged meetings to discuss the situation but Callagan failedto attend. His attendance remained poor and in September 1999 he was dismissed.Callagan claimed disability discrimination on the basis that his absenceswere caused by a disability (depression) and that he had been treated lessfavourably because of this. He was unsuccessful, because although qualifying asdisabled under the Disability Discrimination Act, the reasons for his dismissalwere material and substantial and justified that dismissal. These were namelyhis absences, his failure to follow the reporting procedures, failure torespond to the council’s attempts to accommodate him and the fact that whendismissed he was unfit for work and it was unclear when he would return. No duty existed to offer part-time work as a reasonable adjustment in thecircumstances as Callagan had not requested it, had a poor record and at thetime could not work at all. Had part-time work been requested it would havebeen arranged. Callagan unsuccessfully appealed to the EAT. A causal connection between thediscrimination and the justifying circumstances, which must be material andsubstantial, had been established. And contrary to a previous and unrelated EATdecision, the council’s lack of knowledge of Callagan’s disability was not fatalto the issue of justification. Care needed when settling claims Duru v Granada Retail Catering Limited IDS Brief 697, EAT Duru claimed unfair dismissal. On 1 December 1999 Granada asked Acas to putforward a settlement offer of £250. During a telephone call on 13 December,Duru asked Acas to put the offer in writing, but Acas refused. Duru said thathe was prepared to accept the offer and that he would contact Acas on receiptof the draft agreement. That same day, Acas informed Granada of the acceptance and provided a draftagreement to Granada. Later that day, in a second call, Duru told Acas hewanted Granada to put the offer in writing before he accepted. Granada refused– it had already signed and returned the agreement. The tribunal held Duru hadunconditionally accepted the offer during the first call even though theagreement had not been signed at that time. Duru successfully appealed to the EAT. The tribunal had failed to considerwhen determining whether the agreement was binding the contractual principle ofwhether there had been an offer and acceptance of that offer. Granada did notintend to be bound by Duru’s “acceptance” of the £250 untilsatisfactory written terms were agreed. Likewise, it was Duru’s intention thatthe terms were subject to written agreement. Although oral agreements throughAcas can be binding, in this case no agreement had been reached. Sick pay could be reasonable adjustment London Clubs Management v Hood IRLR 719 2001, EAT Hood suffered regularly from “cluster headaches” and was paiddiscretionary sick pay for sickness absence during 1998. In 1999, however,Hood’s absences were unpaid, because due to high sickness levels among allemployees LCM had changed its policy and stopped paying sick pay. Hood arguedthis constituted disability discrimination because his sickness absences werenot significantly higher than non-disabled colleagues. The tribunal concluded LCM’s failure to pay the wages ordinarily due to Hoodwas discriminatory because the reason for non-payment was Hood’s absences fromwork which related to his disability. LCM’s change of policy had put Hood at asubstantial disadvantage and LCM had failed to comply with its statutory dutyto make a reasonable adjustment which could include the payment of sick pay. The EAT held the issue in question was the non-payment of sick pay ratherthan ordinary wages; the reason that Hood was not paid sick pay was LCM’s newpolicy, not Hood’s disability. However, the tribunal had not properlyconsidered whether Hood was put at a substantial disadvantage and the case wasremitted for rehearing. Interestingly, the EAT commented that the continued paymentof sick pay could constitute a reasonable adjustment. Relevant date for assessing disability Cruickshank v Vaw Motorcast Ltd Unreported, October 2001, EAT Cruickshank was asthmatic. His condition was exacerbated by exposure tofumes at work but improved when he was at home. Even though Vaw gaveCruickshank alternative duties, he was still intermittently exposed and as aresult often absent on sick leave. In July 1999, Cruickshank was dismissed and unsuccessfully claimeddisability discrimination. The tribunal held he was not suffering from adisability at the time of the hearing and that his ability to carry out”normal day-to-day activities” was not substantially affected. Cruickshank successfully appealed to the EAT. The point at which to evaluatea disability was the date of the discriminatory act, which in Cruickshank’scase was his dismissal. Moreover, when assessing whether Cruickshank’s asthma had a substantialeffect on his ability to carry out “normal day-to-day activities” itwas necessary to consider the effect of the disability in both the home andwork environment. It was irrelevant that Cruickshank’s work environment was aspecialised one which exacerbated his asthma. The case was remitted so that both issues could be reconsidered. What is meant by “just and equitable?” Barlow v London Borough of Southwark Unreported, September 2001 Barlow claimed race discrimination but submitted her application outside theprescribed three months’ time limit. The employment tribunal refused to hearthe claim because it did not consider it “just and equitable” toexercise its discretion to extend the time limit. Barlow successfully appealed to the EAT. The term “just andequitable” gave employment tribunals a wide discretion to consider anythingthey judged to be relevant. The tribunal should consider the prejudice eachparty would suffer as a result of its decision, having regarded all thecircumstances, the length of the delay, and the reasons for it. In Barlow’scase, the tribunal had failed to consider the prejudice she faced as a resultof its decision – namely being unable to proceed with her claim. The tribunalalso failed to identify the reasons for the delay and miscalculated the lengthof the delay. The matter was remitted for reconsideration. Long-term sickness can frustrate contract Hogan v Cambridgeshire County Council IRLB 677 EAT Between November 1994 and May 1995 Hogan was on sick leave. In August 1995she was suspended pending investigation into allegations of misconduct but wassigned off work with depression before the disciplinary hearing took place. Hercontractual sick pay ended in May 1996 and in September, without telling thecouncil, she began a three-year degree course. In February 1997 the councilwrote to Hogan informing her the contract had come to an end by reason offrustration. Hogan unsuccessfully claimed unfair dismissal. The tribunal considered anumber of relevant factors to determine whether Hogan’s incapacity was suchthat her performance of the contract would either be impossible or radicallydifferent to her original terms (the test for whether a contract has beenfrustrated). Hogan did not hold a key post, her entitlement to sick pay ended in May1996, she had a long period of service and could be expected to work untilretirement. Moreover, ill-health retirement had been recommended in 1996 andthere was a poor prognosis. Although frustration can occur independently of theparties’ intentions, commencing the degree course was relevant evidence that thecircumstances had fundamentally changed. The EAT upheld the decision eventhough the council had not completed the ill-health termination procedure whichdealt with the frustrating event. Previous Article Next Article Comments are closed. Pregnant fixed-term workers gain protection of the lawOn 1 Dec 2001 in Personnel Todaylast_img read more

Pennsylvania Joins 6 States in Commitment to Plan for CO2 Transport Infrastructure

first_img October 01, 2020 Environment,  Press Release The Wolf Administration today announced that it is joining with six other states – Kansas, Louisiana, Maryland, Montana, Oklahoma and Wyoming – in signing a memorandum of understanding (MOU) expressing a commitment to establish and implement a regional CO2 transport infrastructure plan by collaborating and leveraging resources across the participating states.“My administration is committed to ensuring that we comprehensively address climate change, and that includes taking steps that will protect our environment while investing in our clean energy industries, which provide many Pennsylvanians with quality family-sustaining jobs,” Governor Tom Wolf said. “This infrastructure plan will continue to invest in those jobs and even create new jobs in emerging energy industries while reducing harmful CO2 emissions.”According to the MOU, the signatory states recognize that development of regional and national CO2 transport networks, together with proposed tax credits and other financial incentives for carbon capture from industrial facilities and power plants and from ambient air through direct air capture, can support long-term production and use of America’s abundant and affordable natural resources, and create and preserve high-paying jobs in energy-producing, agricultural, and industrial states of the country, all while significantly reducing net carbon emissions.“Pennsylvania is an energy leader, thanks to our abundant natural resources and strong manufacturing presence, said Department of Community and Economic Development (DCED) Secretary Dennis Davin. “Carbon capture technologies provide a critical component to addressing our climate challenge by providing the means to capture, utilize and store carbon associated with power generation, industrial manufacturing, and other carbon intensive operations. We must seize the environmental and economic opportunities to work with surrounding states to support carbon transport infrastructure and with emerging industries focusing on carbon utilization.”“Climate change is the biggest environmental threat we face as a state and nation. Working cooperatively with other states to mitigate and remove carbon emissions gives us another tool in addressing this existential challenge,” said Pennsylvania Department of Environmental Protection (DEP) Secretary Patrick McDonnell.“The Department of Conservation and Natural Resources has been engaged on the topic of carbon capture utilization and storage (CCUS) for nearly 20 years, and during this time, the department’s Bureau of Geological Survey has assessed numerous subsurface geologic resources that have potential to serve as carbon storage reservoirs,” DCNR Secretary Cindy Adams Dunn said. “Based on international research, we know that geologic carbon storage is a part of the mix of energy transition technologies necessary for achieving the 2-degree climate mitigation goal. The development of responsibly placed regional transport infrastructure will be key to ensuring Pennsylvania’s success in matching CO2 source to sinks and reducing our carbon footprint with this climate mitigation goal in mind.”Approximately 5,200 miles of CO2 pipelines are safely operating today in 11 states.The signatory states will establish a coordination group that will undertake the development of an action plan, which will include state and regional policy recommendations related to CO2 transport infrastructure deployment. The release of the action plan is set for October 2021.As a starting point, the group will review the findings of a recently released white paper detailing carbon capture and storage opportunities and related infrastructure throughout the Midwest and Western regions. The economies of scale demonstrated by the study’s results show clear climate and economic benefits of long-term coordination and planning of CO2 transport infrastructure for midcentury decarbonization.The coordination group will also identify barriers to the development of CO2 transport infrastructure and develop strategies and recommendations to remove these barriers and work together to raise awareness of carbon capture and related opportunities associated with development of regional CO2 transport infrastructure among stakeholders, policymakers and the public.The state coordination group will be facilitated by the Great Plains Institute and informed by additional and ongoing work by the State Carbon Capture Work Group and the Regional Carbon Capture Deployment Initiative. For more information, please visit http://carboncaptureready.org. Pennsylvania Joins 6 States in Commitment to Plan for CO2 Transport Infrastructurecenter_img SHARE Email Facebook Twitterlast_img read more

Judy M. Allen – Richmond

first_imgMemorial donations can be directed to the Picnic Pavilion of Bible Baptist Church, the American Diabetes Association or to the Alzheimer’s’ Association.  To sign the online guestbook please visit www.cookrosenberger.com.  The staff of Cook Rosenberger Funeral Home is honored to care for the family of Judy Allen. Friends may visit with the family on Tuesday, September 18, 2018 from 11 a.m. until time of service at 1 p.m. at Cook Rosenberger Funeral Home, 929 Main Street, Brookville.  Rev. Ron McCulloch, pastor of Bible Baptist Church in Metamora will officiate the service at the funeral home at 1 p.m. with burial following at Big Cedar Cemetery. Those surviving who will cherish Judy’s memory include her sisters, Jenny M. (Kenneth) Stone, Joy Oelker and Jerri (Chris) Shorter all of Metamora, and one honorary sister, Arlene Brockman of Huber Heights, OH; nieces and nephews, Mary Jo Hensley, Marci Smith, Allen Shorter, Carrie Leising, Kirk Shorter, Luke Shorter, and many great nieces and nephews.  Besides her parents, she was preceded in death by a brother, Cecil Allen and a brother-in-law, Jeffrey Oelker.center_img Judy M. Allen, age 70, of Richmond, was born on March 16, 1948 in Batesville, Indiana, a daughter to Hurshel and Mary L. Smith Allen.  She worked at Hoffco, Inc. in Richmond for a number of years and in her spare time enjoyed crocheting, sewing, reading and trips to Kentucky.  Judy was a social person and loved being with family and friends.  On Friday, September 14, 2018 at the age of 70, she passed away at Forest Park Health Campus in Richmond.last_img read more

Mallards Team of the Week — Friends of Pulpit Rock Fun Run Team

first_imgTravis Hauck and Jaclyn Dexter won the men’s and women’s races, respectively.However, the big winner on the day was the trails to Pulpit Rock that will benefit from the funds raised during the day.Mallard’s Source for sports would like to salute the organizers and racers with Team of the Week honours.The group includes, John Boulanger, Keiran Marchand, Kim Poole, Nelson Rocha, Darren Yanke, Jaclyn Dexter, Travis Hauck, Chris Kolmel, Dave St.Denis, Mike Scands, Pania Shames, Richard Marchand and a few others.A shout out to sponsors Vince DeVito’s Specialty Footwear and Gerick Cycle and Ski. Friends of Pulpit Rock held its second annual Pulpit Rock Fun Run/Hike Sunday on Elephant Mountain.last_img

FINNEGANS WAKE SEEKS FOURTH STRAIGHT GRADED STAKES WIN IN SATURDAY’S GRADE II, $200,000 SAN LUIS REY AT 1 ½ MILES ON TURF

first_imgARCADIA, Calif. (March 18, 2015)–Late running Finnegans Wake heads a field of nine older horses as he seeks his fourth consecutive graded stakes victory in Saturday’s Grade II, $200,000 San Luis Rey Stakes, to be run at the marathon distance of 1 ½ miles on turf.With Victor Espinoza aboard, the 6-year-old horse by Powerscourt has rallied for victories in three straight Grade II turf stakes; the 1 ½ miles Hollywood Turf Cup at Del Mar on Nov. 27, the 1 1/8 miles San Gabriel on Jan. 3 and the 1 ¼ miles San Marcos on Feb. 7.Originally based in the Midwest, Finnegans Wake was transferred to trainer Peter Miller late last summer and was a close second from off the pace in the Grade II, 1 ¼ miles turf John Henry Turf Classic at Santa Anita on Sept. 28, which was his Southern California debut.A close 10th, beaten just 5 ¼ lengths by eventual Eclipse Award winning Older Male and Older Turf Male, Main Sequence in the Grade I, 1 ½ miles Breeders’ Cup Turf Nov. 1, Finnegans Wake has three wins from five starts for Miller and is 27-6-3-3 overall. Owned by Donegal Racing and Rockingham Ranch, he has one win from three tries at 1 ½ miles on grass and has earnings of $1,065,375.Finnegans Wake’s biggest opposition could come from trainer Neil Drysdale’s Power Foot, who ran a troubled fourth, beaten 2 ¼ lengths by “Finnegan” last out in the San Marcos Feb. 7. Although third early, Power Foot was well back of lone pacesetter Diamond Bachelor into the far turn and appeared to have a big shot at running second or third, if not for lugging in badly and clipping heels under Kieran Fallon in deep stretch.A 6-year-old Kentucky-bred gelding by Powerscourt, Power Foot will be ridden for the first time on Saturday by Flavien Prat and would benefit from a realistic early pace. Owned by Stepaside Farms, LLC, Power Foot is one for two at the San Luis Rey distance and is 20-4-0-4 overall with earnings of $244,564.Hard hitting Play Hard to Get comes off a head victory in a second condition allowance going 1 ¼ miles on turf Feb. 27 and is one of several deep closers in the San Luis Rey field. Trained by Eric Kruljac, the 4-year-old chestnut gelding by Purim was ridden to victory last out by the recently injured Corey Nakantani, and will be ridden Saturday by Kent Desormeaux, who guided him to a first condition allowance score four starts back on Nov. 15 at Del Mar. Owned by Kings River Ranch, Play Hard to Get has three wins from nine starts and has earnings of $132,750. He’ll try 1 ½ miles for the first time Saturday.A Grade III winner at age three, 7-year-old Joes Blazing Aaron could pose an elusive target on the front end with Joe Talamo up. Claimed for $62,500 out of a close third place run going 1 ¼ miles on turf Feb. 27 by trainer Bob Hess, Jr., “Joe” will make his 38th career start in the San Luis Rey. Winless in two lifetime tries at 1 ½ miles on turf, the Graeme Hall gelding is 37-7-3-4 overall and has earnings of $393,491. He’s currently owned by Loooch Racing Stables, Inc., and Summertime Racing.Trainer Peter Eurton’s California-bred Ashleyluvssuger comes off a second condition allowance win in open company at 1 1/8 miles on turf Feb. 5 and is an up-and-comer who has proven effective stalking or rallying from well off the pace. Owned by his breeders, Sharon Alesia, Bran Jam Stable and Ciaglia Racing, LLC, the 4-year-old Game Plan gelding will try graded stakes company for the first time on Saturday. A winner of three out of his last five starts with Mike Smith aboard, he’ll be ridden for the first time by Gary Stevens, as Smith will be riding on Saturday at Turfway Park in Northern Kentucky.With an overall mark of 9-4-0-2, Ashleyluvssugar is one for three on grass and will try 1 ½ miles for the first time. He has earnings of $215,504.Beaten 22 ¾ lengths in the Grade I Santa Anita Handicap, Diamond Bachelor gets back to his preferred surface on Saturday and will be reunited with Martin Pedroza, who put him on the lead and guided him to a close second place finish behind Finnegans Wake three starts back in the San Marcos Stakes. Trained by Patrick Biancone and owned by Diamond 100 Racing Club, LLC, Mrs. Susan Magnier and Robert Trussel, Diamond Bachelor is 18-2-3-0 with earnings of $189,520.Trainer John Sadler’s English-bred Raise Your Gaze comes off an even sixth place finish in a one mile turf allowance and will make his second stateside start Saturday. Owned by Hronis Racing, LLC, the 4-year-old gelding won a pair of minor stakes going 1 ¼ miles on turf last summer in England and will try 1 ½ miles for the second time.The complete field for the Grade II San Luis Rey Stakes, to be run as the eighth race on a nine race card Saturday, with jockey and weights in post position order: Raise Your Gaze, Tyler Baze, 118; Play Hard to Get, Kent Desormeaux, 118; Diamond Bachelor, Martin Pedroza, 118; Power Foot, Flavien Prat, 118; Buymeabond, Iggy Puglisi, 118; Joes Blazing Aaron, Joe Talamo, 118; Fly Lexis Fly, Edwin Maldonado, 118; Finnegans Wake, Victor Espinoza, 123, and Ashleyluvssugar, Gary Stevens, 118.                First post time on Saturday is at 12:30 p.m. Admission gates open at 10:30 a.m. MILLER, ESPINOZA TEAM VERSUS EIGHT TURF VETERANSlast_img read more

MICHAEL MURPHY SENDS HIS SUPPORT TO SEAMIE AND SHAY AS EURO KICK-OFF NEARS!

first_imgEURO 2016: It’s almost here, EURO 2016 kicked off on Friday night, but for Irish fans only one date mattered, and that was June 13th. The day is here, and Martin O’Neill’s side carry the hopes of a nation on their shoulders. It’s a great day for Donegal too, and again we have representation on the field with Seamus Coleman set to start at right-back, while Shay Given will more than likely be on the pitch.Other Donegal connections to the squad are Aiden McGeady and James McCarthy, who qualify to play for Ireland through their grandparents who came from Donegal.Shane Duffy’s father is from Letterkenny and Ciaran Clarke has relations in Milford!Donegal captain Michael Murphy, fresh from helping his side defeat Fermanagh in the Ulster SFC quarter-final yesterday has shown his support for the Boys in Green. The team at Michael Murphy Sports and Leisure is getting behind the Boys in Green, particularly those hailing from Donegal.To celebrate the EUROs, Michael Murphy Sports and Leisure has teamed up with Donegal Daily and Inishowen Motors to run a EURO 2016 Fantasy Football League.The Euros may be in full swing, but fans can still enter the Fantasy Football League, which is free to join.The competition is open to people aged 21 and over and there are some great prizes up for grabs.The winner, courtesy of Inishowen Motors, will receive a brand new KIA Sportage for one year. For more information and to select your team for the EURO 2016 Fantasy Football League click on this link….http://eurofantasy.uefa.com Take down the league code 03034EBC and enter this into join leagues to be eligible to win some of our amazing prizes! #COYBIGMICHAEL MURPHY SENDS HIS SUPPORT TO SEAMIE AND SHAY AS EURO KICK-OFF NEARS! was last modified: June 13th, 2016 by Mark ForkerShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:donegalEuro 2016IrelandMichael Murphysoccersupportlast_img read more

Bankruptcy settlement for RFI nears

first_img AD Quality Auto 360p 720p 1080p Top articles1/5READ MORERose Parade grand marshal Rita Moreno talks New Year’s Day outfit and ‘West Side Story’ remake Phoenix-based RFI, which filed for bankruptcy in 2004, had plans to clean up and develop 3,000 homes on the former Whittaker-Bermite property – 996 acres along Soledad Canyon Road where the weapons manufacturer conducted rocket testing for nearly 50 years until 1987. But the property requires lengthy decontamination before it can be developed. The chemical perchlorate, used in rockets and known to interfere with thyroid function, has seeped into at least six local water wells. The state Department of Toxic Substances Control is overseeing cleanup. With RFI’s bankruptcy, the Bermite property is up for grabs. Irvine-based SunCal Cos. and North Carolina-based Cherokee Investment Partners are among the bidders, though a sale cannot occur until the bankruptcy is settled. The 98-page proposed settlement from RFI and its insurers provides about $200 million in cash and insurance to remove toxins. But the city objected last week to a provision that allowed potential buyers to pay less for the property if it agrees to insurance coverage provided in the settlement. SunCal, which took up the offer, could pay about $17 million for the site. Cherokee would pay an amount that is of “substantial difference,” said Deborah Prosser, an attorney for the city. She declined to disclose specifics. An Arizona judge is close to approving a settlement in the bankruptcy case against the owner of the former Whittaker-Bermite property in Santa Clarita, which has tied up development on the contaminated but valuable property in the city’s center for years, a court official said. On Tuesday, Judge Charles G. Case II at the U.S. Bankruptcy Court in Phoenix reviewed and resolved objections to Remediation Financial Inc.’s proposed settlement, including those filed by the city of Santa Clarita and the Castaic Lake Water Agency. While a ruling has not been issued, Case said he will approve the settlement when an order is presented, which is expected today, said Terry Miller, clerk of the court at the bankruptcy court. “The court has responded to the concerns expressed by the city, and we’re pleased with that,” Santa Clarita City Attorney Carl Newton said. “I think it’s moving along in an orderly manner.” “We want to keep both bidders in the process with an even playing field,” she said. But the city withdrew the objection in court Tuesday after persuading RFI insurer AISLIC to re-examine the clause. Prosser said the city will wait and see before considering further action. “They’re not going to agree in advance to anything specific,” she said. “We’re just going to see how it plays out.” Meanwhile, the Castaic Lake Water Agency wants to make sure it receives enough money in the proposed settlement to pay for a $15.3 million perchlorate cleanup. The agency’s objections with some of the document’s language also has been resolved. Eugene Tong, (661) 257-5253 [email protected] 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img read more

A’s blow 4-0 lead in eighth, lose on back-to-back homers in the ninth

first_imgClick here if you’re unable to view the photo gallery on your mobile device.NEW YORK — A’s closer Liam Hendriks blew his first save since July 30 and did it in a big way, allowing back-to-back home runs in the ninth inning at Yankee Stadium. The 5-4 loss marked the second time in 24 hours that the A’s walked off the field in defeat.The A’s (76-58) had taken a 4-0 lead into the eighth, but New York scored three runs against the once-vaunted Oakland bullpen. Hendriks came on in relief of Lou …last_img

DNA Is a Code Operated by Another Code

first_imgThe discovery in the 1950s that DNA stored a coded language was amazing, but recently a new level of complexity has come to the awareness of biochemists.  Apparently, another code determines which DNA genes will be opened for expression and which should be suppressed.    The Feb. 14 issue of Science News1 describes the history of the discovery of the so-called “histone code.”  These are patterns of “tails” attached to the histones around which DNA is tightly wrapped.  Within the last eight years, scientists have been discovering that the histones do not merely spool the DNA, they regulate which genes get expressed.    The pattern of acetylation and methylation on the histone tails appears to form a code that is heritable through cell divisions.  Compared to the well-known DNA genetic code, “A histone code may be much more complex,” writes John Travis.  Shelley Berger (Wistar Institute) exclaimed, “There are all kinds of sites [on histone tails] that can be modified.  The possibilities for a code are quite enormous.  It’s not going to be a simple code.”  After summarizing the literature, Travis concluded, “With such designer histones, it seems that researchers are on their way to having in their hands all the words of the histone code.  But, it may still be a stiff challenge to figure out what those words mean.”For a previous story on the histone code, see 11/04/2002, “Cell Memory Borders on the Miraculous.”1John Travis, “Code Breakers: Scientists tease out the secrets of proteins that DNA wraps around,” Science News, Vol. 165, No. 7, Feb. 14, 2004, p. 106.Evolutionary biologists had their hands full explaining the origin of the DNA-protein language, and now this.  As usual, there is no description in the article about how this code might have “emerged” through an evolutionary process.  There is only the following quip, that not only fails to explain the code’s origin, it adds another problem: apparently the code has not evolved at all: “From species to species, he [C. David Allis, U. of Virginia] notes, these tails are nearly identical, implying that they are important to the cell.  ‘Nature has held these things constant for a reason,’ says Allis.”  Certainly.  Give me a working histone code in the beginning, or give me death.(Visited 13 times, 1 visits today)FacebookTwitterPinterestSave分享0last_img read more

The 2019 Ohio Crop Tour – I-75 Leg – Day 1

first_imgShare Facebook Twitter Google + LinkedIn Pinterest Click on images for a closer lookVan Wert CountyCorn: This corn was planted June 4. It was pollinating. There were quite a few double ears and one plant with 4 ears. We saw some gray leaf spot. There was no insect pressure. The yield was 183 bushels. This was further along than most of the corn we’ve seen. They got most of their intended corn acres planted.Soybeans: It looked like about 140,000 population. There was a rye cover crop in these beans after beans. There were some uneven spots in the 18-inch canopy. There were very few disease issues with a little frogeye and Septoria. This was the lowest insect feeding we have seen. The yield is maybe 40 or 45, which is among the better beans we’ve seen today.Paulding CountyCorn: The farmer made a late herbicide application that really cleaned up the field. The corn followed double-crop soybeans. It was just starting pollination. It was planted June 3 and the farm only got 10% of the intended corn acres planted. The yield estimate is at 195, but that is only potential yield because this fields needs much more growing season to get to blacklayer. The population was 32,000 with a drop of 40+ which shows some early stress.Soybeans: The non-GMO beans were planted June 10 and were at R3. They were very clean. Canopy was at 18 to 20 inches. The distance between nodes was 1.5 inches. There was a little bacterial spot, but very limited. We did see some sudden death syndrome in there. There were 4 to 5 pods per plant and possibly 10 more. The population was at 150,000. It is a good field, just really far behind.Defiance CountyCorn: This corn was planted on June 23 and at about the V10 growth stage. There was no disease pressure, no N deficiency, and no insects. It has a 26,000 population. There was a little bit of rust. There were no ears to sample. This was planted for silage corn, as was the vast majority of corn in the county. There were many prevented planting fields as well.Soybeans: They were drilled 7-inch rows and got recent rains. There was a population of 130,000 to 140,000. The canopy was at 20 inches. There was low insect pressure. They were only at R2 with much potential, but need good conditions going forward. The farmer got 39% of the intended soybeans planted.Williams CountyCorn: This was a nice, healthy field with plenty of N. There were many double ears with some grey leaf spot. It was still pollinating with a yield estimate of 160 bushels. It was planted on June 7 and they only were able to plant about 20% of their corn acres. There was one plant with 5 ears in the middle of the field.Soybeans: The beans were drilled June 7. They were very bushy and they just got a nice rain. The canopy height was 31 inches and some of the tallest we have seen. There was 2.5 inches between nodes. We saw some leaf feeding. Some had 2 or 3 pods per node with potential for many more, but these beans have plenty of growing season left to go.Fulton CountyCorn: This field was planted May 15 and was by far the earliest planted we have seen. We found some hail damage and northern corn leaf blight. There was some insect feeding on a couple of ears and that made for inconsistent ears. Because of that inconsistency, we thought the yield potential was 183 bushels for the 108-day corn. Less than 20% of their intended corn acres were planted.Soybeans: This was a nice looking field of beans with a population of 140,000. The canopy height was a bit uneven and it is a 3.7 maturity planted on June 11, so it has a long way to go. The canopy height was 24 inches with 2 to 3 inches between nodes. There was very low disease pressure, but there was some frogeye and some bacterial spot that we have seen in three fields now. There was some leaf feeding and 3 to 8 pods per plant with more potential, but easy to abort if the weather turns dry. Yield could be in the low 40s. Around 80% of their beans were planted.Henry County:Corn: This June 8-planted corn is a healthy green due to good N use. There were some spotty weed issues and a spotty stand. We found 23,000 to 28,000 with plenty of gaps in the rows. It was just pollinating. This had the most disease we have seen so far but still not bad. There was gray leaf spot above the ear leaf. One yield check was 190 and the other was 130. This will be a colorful yield map this fall.Soybeans: This field was planted June 11. They were very tall and canopied. The canopy was by far the tallest we have seen at 32 inches. There was 2 to 3 inches between nodes with no disease and minor leaf feeding. We counted five pods per plant with potential for 5 or 6 more. This was a good field with a 40 to 50 bushel yield potential.Wood CountyCorn: This corn was planted June 1. It was still pollinating. Disease and insect pressure was low. The yield potential is 200 bushels if the weather cooperates with this nice corn field. The farmer got about 45% of his intended corn crop planted in the top county for prevented planted acres in Ohio. The emergence was not very even in this field and there was some nitrogen burn on the leaves.Soybeans: This was a very nice uniform field, but a little light on the population. It was soybeans after soybeans planted on June 27. Nearly all of the beans in the area were planted from June 24 to June 29. The canopy was 16 inches with 1.5 inches between nodes. There was low disease pressure, but we found some. There was a little insect feeding. Prospects were not great.Hancock CountyCorn: The general conditions were dry with some cracks. The corn is just pollinating with some brown silks, so there is a way to go. There is very low disease and insect pressure. The yield estimate is 183 bushels. The population is between 29,000 and 30,000. There is really good microbial activity here. About half the intended corn acres were planted on this farm and there are some prevented planting acres here. The field was planted on June 12.Soybeans: This was an excellent field considering the planting date of June 30. These are in 15-inch rows with a short 1.5-foot tall canopy. There were about 8 nodes per plant. Pods were just starting to form, and there could be many more if the season cooperates. There was a little bit of leaf feeding in the upper canopy. These are first crop beans with a double-crop planting date.Putnam CountyCorn: This corn was planted on June 12. The stalks were green in this clean field that was still pollinating. There was low insect pressure and disease was low, though fungicide is being applied tonight. We found a population of 36,000. There were some prevented planting acres on this farm, but around 75% of the intended corn acres were planted. There are many empty fields in the area. This corn looks good but has a long way to go with a yield estimate of 185 bushels.Soybeans: There is a rye cover crop with narrow rows. It was a good stand of non-GMO beans that were clean. The canopy height was 28 inches tall. The nodes were stretched out with 2 to 3 inches between nodes. There are around 160,000 plants per acre. The field was planted June 6. Disease pressure was minimal, only on the edges. The beans are at R3 with a few nice pods and many nice blooms. These look like good, 50-bushel beans.Allen CountyCorn:  These were very healthy plants that were solid green to the bottom. There is moisture now but there are cracks in the ground so it has been dry. There were some brown silks so it is 4 to 5 days into pollination. There are some double ears on plants in this population of 32,000. We did see some light gray leaf spot. It is probably a resistant hybrid. This was planted on June 6. This was a good field with a yield potential of 173 bushels.Soybeans: This was a pretty uniform field. There was no weed pressure. There was about 2 inches between nodes and no disease pressure. Very low insect pressure too. The pods were forming pretty well with 3 or 4 beans per pod. This field is fair for a normal year and very good for this year.Hardin CountyCorn: There was really no disease or insect pressure in this field planted on June 8. The population was around 33,000 with an average of 16 around and 22 kernels per row. The projection is 125 bushels for this corn that has just pollinated and has a long way to go. There were raccoon problems here too. This farmer got around 60% of his intended corn acres planted in one of the top counties in Ohio for prevented planting acreage. The farmer asked if the Crop Tour would cover the cost of his antidepressants that may be needed after sampling this field.Soybeans: They were first planted on June 8 and then replanted June 27. There were two varieties. The first variety had maybe 10 pods per plant. The second variety only had flowers. It was a short canopy at 17 inches tall. The distance between the nodes was short. There was low disease and insect pressure with a few Japanese beetles and bean leaf beetles. We average about 7 plants per 3 feet, which is about half the population it should be. There was a very low pod count with a poor rating. He got about 55% of his intended soybean crop planted.last_img read more