#Practice Review

[agimamedical]

Practice Management | Agima Med

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[mostlysignssomeportents]

NLRB rules that any union busting triggers automatic union recognition

Tonight (September 6) at 7pm, I'll be hosting Naomi Klein at the LA Public Library for the launch of Doppelganger.

On September 12 at 7pm, I'll be at Toronto's Another Story Bookshop with my new book The Internet Con: How to Seize the Means of Computation.

American support for unions is at its highest level in generations, from 70% (general population) to 88% (Millenials) – and yet, American unionization rates are pathetic.

That's about to change.

The National Labor Relations Board just handed down a landmark ruling – the Cemex case – that "brought worker rights back from the dead."

https://prospect.org/labor/2023-08-28-bidens-nlrb-brings-workers-rights-back/

At issue in Cemex was what the NLRB should do about employers that violate labor law during union drives. For decades, even the most flagrantly illegal union-busting was met with a wrist-slap. For example, if a boss threatened or fired an employee for participating in a union drive, the NLRB would typically issue a small fine and order the employer to re-hire the worker and provide back-pay.

Everyone knows that "a fine is a price." The NLRB's toothless response to cheating presented an easily solved equation for corrupt, union-hating bosses: if the fine amounts to less than the total, lifetime costs of paying a fair wage and offering fair labor conditions, you should cheat – hell, it's practically a fiduciary duty:

https://www.jstor.org/stable/10.1086/468061

Enter the Cemex ruling: once a majority of workers have signed a union card, any Unfair Labor Practice by their employer triggers immediate, automatic recognition of the union. In other words, the NLRB has fitted a tilt sensor in the American labor pinball machine, and if the boss tries to cheat, they automatically lose.

Cemex is a complete 180, a radical transformation of the American labor regulator from a figleaf that legitimized union busting to an actual enforcer, upholding the law that Congress passed, rather than the law that America's oligarchs wish Congress had passed. It represents a turning point in the system of lawless impunity for American plutocracy.

In the words of Frank Wilhoit, it is is a repudiation of the conservative dogma: "There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect":

https://crookedtimber.org/2018/03/21/liberals-against-progressives/#comment-729288

It's also a stunning example of what regulatory competence looks like. The Biden administration is a decidedly mixed bag. On the one hand there are empty suits masquerading as technocrats, champions of the party's centrist wing (slogan: "Everything is fine and change is impossible"):

https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge

But the progressive, Sanders/Warren wing of the party installed some fantastically competent, hard-charging, principled fighters, who are chapter-and-verse on their regulatory authority and have the courage to use that authority:

https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff

They embody the old joke about the photocopier technician who charges "$1 to kick the photocopier and $79 to know where to kick it." The best Biden appointees have their boots firmly laced, and they're kicking that mother:

https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does

One such expert kicker is NLRB General Counsel Jennifer Abruzzo. Abruzzo has taken a series of muscular, bold moves to protect American workers, turning the tide in the class war that the 1% has waged on workers since the Reagan administration. For example, Abruzzo is working to turn worker misclassification – the fiction that an employee is a small business contracting with their boss, a staple of the "gig economy" – into an Unfair Labor Practice:

https://pluralistic.net/2022/01/10/see-you-in-the-funny-papers/bidens-legacy

She's also waging war on robo-scab companies: app-based employment "platforms" like Instawork that are used to recruit workers to cross picket lines, under threat of being blocked from the app and blackballed by hundreds of local employers:

https://pluralistic.net/2023/07/30/computer-says-scab/#instawork

With Cemex, Abruzzo is restoring a century-old labor principle that has been gathering dust for generations: the idea that workers have the right to organize workplace gemocracies without fear of retaliation, harassment, or reprisals.

But as Harold Meyerson writes for The American Prospect, the Cemex ruling has its limits. Even if the NLRB forces and employer to recognize a union, they can't force the employer to bargain in good faith for a union contract. The National Labor Relations Act prohibits the Board from imposing a contract.

That's created a loophole that corrupt bosses have driven entire fleets of trucks through. Workers who attain union recognition face years-long struggles to win a contract, as their bosses walk away from negotiations or offer farcical "bargaining positions" in the expectation that they'll be rejected, prolonging the delay.

Democrats have been trying to fix this loophole since the LBJ years, but they've been repeatedly blocked in the senate. But Abruzzo is a consummate photocopier kicker, and she's taking aim. In Thrive Pet Healthcare, Abruzzo has argued that failing to bargain in good faith for a contract is itself an Unfair Labor Practice. That means the NLRB has the authority to act to correct it – they can't order a contract, but they can order the employer to give workers "wages, benefits, hours, and such that are comparable to those provided by comparable unionized companies in their field."

Mitch McConnell is a piece of shit, but he's no slouch at kicking photocopiers himself. For a whole year, McConnell has blocked senate confirmation hearings to fill a vacant seat on the NLRB. In the short term, this meant that the three Dems on the board were able to hand down these bold rulings without worrying about their GOP colleagues.

But McConnell was playing a long game. Board member Gwynne Wilcox's term is about to expire. If her seat remains vacant, the three remaining board members won't be able to form a quorum, and the NLRB won't be able to do anything.

As Meyerson writes, centrist Dems have refused to push McConnell on this, hoping for comity and not wanting to violate decorum. But Chuck Schumer has finally bestirred himself to fight this issue, and Alaska GOP senator Lisa Murkowski has already broken with her party to move Wilcox's confirmation to a floor vote.

The work of enforcers like DoJ Antitrust Division boss Jonathan Kanter, FTC chair Lina Khan, and SEC chair Gary Gensler is at the heart of Bidenomics: the muscular, fearless deployment of existing regulatory authority to make life better for everyday Americans.

But of course, "existing regulatory authority" isn't the last word. The judges filling stolen seats on the illegitimate Supreme Court had invented the "major questions doctrine" and have used it as a club to attack Biden's photocopier-kickers. There's real danger that Cemex – and other key actions – will get fast-tracked to SCOTUS so the dotards in robes can shatter our dreams for a better America.

Meyerson is cautiously optimistic here. At 40% (!), the Court's approval rating is at a low not seen since the New Deal showdowns. The Supremes don't have an army, they don't have cops, they just have legitimacy. If Americans refuse to acknowledge their decisions, all they can do it sit and stew:

https://pluralistic.net/2023/05/26/mint-the-coin-etc-etc/#blitz-em

The Court knows this. That's why they fume so publicly about attacks on their legitimacy. Without legitimacy, they're nothing. With the Supremes' support at 40% and union support at 70%, any judicial attack on Cemex could trigger term-limits, court-packing, and other doomsday scenarios that will haunt the relatively young judges for decades, as the seats they stole dwindle into irrelevance. Meyerson predicts that this will weigh on them, and may stay their hands.

Meyerson might be wrong, of course. No one ever lost money betting on the self-destructive hubris of Federalist Society judges. But even if he's wrong, his point is important. If the Supremes frustrate the democratic will of the American people, we have to smash the Supremes. Term limits, court-packing, whatever it takes:

https://pluralistic.net/2020/09/20/judicial-equilibria/#pack-the-court

And the more we talk about this – the more we make this consequence explicit – the more it will weigh on them, and the better the chance that they'll surprise us. That's already happening! The Supremes just crushed the Sackler opioid crime-family's dream of keeping their billions in blood-money:

https://pluralistic.net/2023/08/11/justice-delayed/#justice-redeemed

But if it doesn't stop them? If they crush this dream, too? Pack the court. Impose term limits. Make it the issue. Don't apologize, don't shrug it off, don't succumb to learned helplessness. Make it our demand. Make it a litmus test: "If elected, will you vote to pack the court and clear the way for democratic legitimacy?"

Meanwhile, Cemex is already bearing fruit. After an NYC Trader Joe's violated the law to keep Trader Joe's United from organizing a store, the workers there have petitioned to have their union automatically recognized under the Cemex rule:

https://truthout.org/articles/trader-joes-union-files-to-force-company-to-recognize-union-under-new-nlrb-rule/

With the NLRB clearing the regulatory obstacles to union recognition, America's largest unions are awakening from their own long slumbers. For decades, unions have spent a desultory 3% of their budgets on organizing workers into new locals. But a leadership upset in the AFL-CIO has unions ready to catch a wave with the young workers and their 88% approval rating, with a massive planned organizing drive:

https://prospect.org/labor/labors-john-l-lewis-moment/

Meyerson calls on other large unions to follow suit, and the unions seem ready to do so, with new leaders and new militancy at the Teamsters and UAW, and with SEIU members at unionized Starbucks waiting for their first contracts.

Turning union-supporting workers into unionized workers is key to fighting Supreme Court sabotage. Organized labor will give fighters like Abruzzo the political cover she needs to Get Shit Done. A better America is possible. It's within our grasp. Though there is a long way to go, we are winning crucial victories all the time.

The centrist message that everything is fine and change is impossible is designed to demoralize you, to win the fight in your mind so they don't have to win it in the streets and in the jobsite. We don't have to give them that victory. It's ours for the taking.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks

[thirstghosting]

you click on a video about the beverly hillbillies. 8 hours later you are listening to the same guy talk about star trek model ships. its the same video. he has told you he will start talking about the beverly hillbillies again around the 12hr mark. you scroll to 12hrs on the timeline and it doesn't even reach close to halfway. this man has left his son in an abandoned big k mart. you have begun to say "californie" unironically

[pratchettquotes]

One of Rincewind's tutors had said of him that "to call his understanding of magical theory abysmal is to leave no suitable word to describe his grasp of its practice." This had always puzzled him. He objected to the fact that you had to be good at magic to be a wizard. He knew he was a wizard, deep in his head. Being good at magic didn't have anything to do with it. That was just an extra, it didn't actually define someone.

Terry Pratchett, Sourcery

[jasper-book-stash]

Things that irritated me about Werewolf Magick: Authentic Practical Lycanthropy by Denny Sargent:

I naturally deduct a point for "magic-with-a-K", how dare you make me spell "magickian"

I am deducting another point for the repeated usage of "shaman" for cultures that very pointedly are not Tungusic like the word "shaman" is

I would have loved to see some citations about all of these werewolf cults being "well accepted"

it was weird to drag genetics into it with "84% shared DNA between humans and wolves"

the Wiccan-aligned Triple Goddess stuff really reared its head on pages 36 and 37 and as someone who is not Wiccan my eye twitched

I feel like the author over-romanticizes a version of the "wild past" that may or may not have actually existed

the left brain-right brain stuff that gets brought up in the symbol section is based on outdated science

the usage of "third eye" while talking about the werewolf eye symbol in that same section also made my eye twitch (though the author is initiated into a whole slew of practices spanning what might be the entire goddamn Northern Hemisphere)

Things I liked about the book:

the author outlined very clearly who the book was meant for and how to use it (linearly)

there are safety and health disclaimers from the get-go that are reiterated in their respective areas

the bibliography is FUCKING HUGE compared to the average witchcraft text

there are in-text citations all over the damn place

the author reminds us that physically transforming into a wolf isn't possible (but you might grow more body hair according to him)

the author reminds us to be physically safe and not get arrested

there's a strong pro-diversity and pro-furry but anti-Nazi stance in the text

the in-book glossary is very helpful (even though it's in the text rather than being an appendix, I fixed this by using a post-it note to mark it)

the author has a firm stance of being respectful of animal remains while working with them in one's practice (not just wolf remains, but all remains) and offers alternatives to wolf remains for those of us who are worried about endangered wolves

there are a bunch of examples for substitutes of things that are still thematically appropriate with the emphasis to trust your Animalself

there's a full breakdown of the author's tools and their uses along with how they should be made or obtained

there are lots of exercises and rituals as you go which are thorough but easy to follow

the author clearly outlines the expectations and possibilities of this paradigm

the author actually believes in evolution (thank the gods)

the author explains where some rituals are based on and the context needed behind them

the author re-reviews necessary information mentioned beforehand before building on it in dedicated areas

Even though that many "Jasper is redacting a point" parts would usually warrant a 7 or 8 out of 10... My final verdict is that Werewolf Magick is a 9/10 book despite the parts where I want to elbow-drop the author in the Werewolf Arena, but you have to be part of a very particular niche to enjoy this book. Honestly wanting to fight the author is part of the appeal of this book.

[i-wanna-study]

Chemistry Practical Preparation

15/01/25 to 16/01/25 (Wednesday to Thursday) [😱→😮]

Post Exam Update

It went better than I expected. I'm satisfied.

[rainbowcarousels]

I have said it once. I will say it again.

Authors can see the notes on your bookmarks on Ao3. If you decide to tag something or comment on something in a less than complimentry way, they are going to look at those bookmarks and see that.

If you can't be courteous, at least be civil.

[selenophiliiaaa]

got a new book from a local witchy store and i am So Excited to read it - its “Secrets of Greek Mysticism; a modern guide to daily practice with the Greek gods and goddesses” by George Lizos,,, im only a couple chapters in but it seems like itll be a really good read !!

[puckpocketed]

bad news instead of getting out of class and watching the game i got side tracked with a lecturer good news she introduced me to the person who runs a bunch of sports media courses AND THEY WERE IN THE MIDDLE OF WATCHING THE LEAFS GAME and we chatted for . um. 2 hours about all sorts of hockey and sports stuff and it was very life affirming to meee <3

[galoogamelady]

Promise this isn't an April Fools thing lol

I had a chance to try some @huiontablet products for the first time! This is my review + the usual speeddraw on the side. You can find the finished drawing here!

[call-me-zephyrus]

Transformers: One

Is a movie made by fans for fans and you can’t change my mind with just how many small references and nods there are to the lore, other series, and transformers history. This is the movie we’ve all been wanting, and they did it perfectly. I cannot express how much I love this movie.

Smol edit: What is y’all’s favorite reference?

[vidreview]

VIDREV: "NO CGI is really just INVISIBLE CGI" by The Movie Rabbit Hole

[originally posted march 19th 2024]

like a lot of folks, i've grown weary of the preponderance of CGI in Hollywood flicks these days. it's all but a cultural tradition at this point to watch John Carpenter's The Thing, sigh wistfully at the goopy silicone animatronics, and say "man, you couldn't make anything like this today." the Marvel/Disney machine has done a lot of heavy lifting to engender this perspective, particularly in the cape department where every aspect of the film is under intense and non-negotiable executive revision until quite literally days before theatrical release (as was the case with Marvel's The Marvels). it doesn't help that this shift has a lot less to do with what's best for any given movie, and a hell of a lot more to do with the lack of unionization in the visual effects industries making them a readily exploitable source of labor. in such an environment, films that nevertheless lean on practical effects are enticing (and, quite often, demonstrably better) enough that we'll sing their praises to the point of hyperbole.

enter Jonas of The Movie Rabbit Hole, here with a genuinely essential series of video essays to slap some sense into that hyperbole and bring us all back down to earth.

one of the more important directors for the development of unobtrusive CGI is David Fincher. i have my fair share of issues with his films, but credit where it's due: they're constantly pushing technology in ways that you absolutely would not expect. there's a crane shot at the start of The Social Network that couldn't be shot with a crane for safety reasons, so instead it was stitched together in post from footage taken on multiple 4K cameras at once. a shocking majority of the blood you'll see in his movies is CGI. the praise i've portioned for his recent films, even as i find him sort of a fundamentally anti-human director, is that he understands that visual effects work best as a supplement to existing footage, rather than a pure replacement.

i share all this to underline my use of the word "essential" in describing this series. i worked in film for a few years, i went to film school, i try to understand the production process as pragmatically as possible. i am under no illusions that Christopher Nolan flicks or the John Wick movies are totally practical. i'm not an anti-CGI evangelist! and yet, even then, i had NO idea just how wrongheaded i still was on the subject until i watched these videos.

Jonas brings 18 years of visual effects experience to bear on a series that feels very much like him trying to settle an argument he's been having for about as long. he has countless examples of films praised for their lack of CGI that relied heavily on their CGI, using the demo reels of effects houses as the smoking gun. Jonas speaks with a plain matter-of-fact-ness that's bolstered just so by an edge of smug frustration, the kind you only get after bearing a cross for years. but it's not just an "i'm right, you're wrong" affair by any stretch. Jonas does a fantastic job communicating a lot of complicated subjects in ways that are friendly to even the most casual of viewers, rarely blaming the audience for their ignorance when studios and market trends are the real culprit. and because he's a veteran of the industry, he's able to interview prominent figures that would otherwise be inaccessible for the average essayist, like Academy Award winning VFX supervisor Paul Franklin.

(and here we come up against a question countenanced more than once on this blog-- where is the line between video essay and documentary? i think this readily qualifies as the former given the first-person direct address shot-in-his-living-room style, yet somehow i feel a bit uneasy with the classification. oh well, a topic for another day)

the most eye-opening section for me is also one of the first, where Jonas confronts the public image of Top Gun: Maverick. i haven't seen this film yet, but i have seen the endless and unqualified buzz about its practical effects. and to be sure, these deserve quite a lot of praise-- they put real actors in real fighter jets for crying out loud! yet in all that crowing, a very important fact totally fell by the wayside: nary a single shot in the film is without digital manipulation. and not just in the basic touch-up sense, removing safety anachronisms and the like. the jets, the cockpits, and the actors themselves were all extensively replaced with digital doubles! i felt like an utter fool when he pointed out that quite often films praised for their lack of CGI will have more VFX artists credited than any other department in production. like, holy shit, it's all right there on the screen? what job were those hundreds of people doing if it was "all practical effects"?

which is the crux of the series' title: "NO CGI is really just INVISIBLE CGI." we have --or perhaps it'd be more honest to say i have-- a tendency to address CGI in binaristic terms. either it's there, or it's not there, right? Fincher's team can put digital blood running down Daniel Craig's face in the shower after he gets shot in The Girl With The Dragon Tattoo, but it's Craig's physical presence that sells it. a film like Top Gun: Maverick makes its bones marketing the spectacle, and because there's such fatigue with CGI-heavy blockbusters any mention of intermediary visual effects carries with it a stain on the authenticity. but really, it does nothing to diminish the practical nature of the photography to also acknowledge how much of what makes it to cinemas is, essentially, an extremely realistic cartoon.

and this is what Jonas's series really exposes for me. a lot of what we're looking at here is rotoscoping, the longstanding tradition of animating over top of live footage a la Disney's Snow White in 1937, though the technique was truly mastered by Max Fleischer in the 1910s. is there some gradeschool nag whispering in the back of our head that a rotoscope is just elaborate tracing? that it's a cheat, because "real" animation is done without reference? (for anyone who has actually worked in animation, this is your cue to laugh derisively)

but the truth is that you do not get one without the other. it takes a lot of planning to film a scene with an eye towards being reanimated, just as it takes tremendous skill to make that animation look good. if Top Gun: Maverick feels viscerally real, it is because the visual effects artists had a real reference to work from. one is not inherently better than the other, more pure or authentic. this isn't the 80s anymore, man. i mean, to get real fucking technical, the instant we stopped shooting on film was the death of "true practicality" in cinema, because a digital sensor must by its nature interpret visual information as raw data and then translate it to something we'd recognize as an image. celluloid film is purely optical, but a digital sensor requires someone (or a team of someones) to write an algorithm to do that interpreting-- which is, inherently, subjective. different cameras have different image processing algorithms, different bitrates and dynamic ranges, to say nothing of custom LUTs and the extensive post-processing required to make RAW footage not look like complete ass. and even now, celluloid cannot be said to be truly pure, because any film shot on celluloid is then digitally scanned, subjected to the exact same post production processing as any other digital film, the final product re-scanned to celluloid to give it a true filmic look, and then yet again digitized for wide distribution (because most cinemas today only have digital projectors).

this is not A Bad Thing! it is simply the material reality of film production in the 21st century. it has many upstream and downstream effects, of course, many of which have negatively impacted the quality of films and television in various ways-- but these are not qualities inherent to digital technology! rather, they are the result of a profit-seeking industry eager to cut corners wherever possible. the existence of CGI is not to blame for the bad CGI in Marvel movies, it's the greedy executives exploiting non unionized labor, forcing crunch at every level with no regard for the human cost, endlessly meddling in the production with their indecisive market-analysis driven brand alterations. ah, the age of the executive auteur, when at last the soulless corporate mindset once commonly decried by artists and audiences alike has been fully naturalized and even embraced by people who call themselves fans, who would sooner throw a director under the bus than say a bad word about Kevin fucking Feige.

it's a pathetic state of affairs, and it can only be called a brilliant act of marketing that CGI burnout in the public has been leveraged to only further erase the essential labor of visual effects artists. Jonas here even points out, much to my slack-jawed amazement, that promotional behind the scenes footage today frequently removes green screens and other indicators of a digital-forward production as a way of unduly acquiring practical effects credibility. as someone who watches a lot of these BTS features, i feel lied to and manipulated, and ashamed of myself for not realizing that making-ofs are just as much marketing as they are educational, often moreso by a lot. it's all just an illusion! and it cannot be repeated often enough that this is an erasure of a historically under-unionized industry, one whose exploitation has been thoroughly documented for years. that this erasure is occurring at a moment when finally, finally, finally corners of the visual effects world have begun to shed the libertarian values inherited from the tech industry and actually unionize is pretty fucking conspicuous to say the least.

i call these videos essential because they reveal a tremendous blind spot in our media literacy, even among those like myself who've studied media extensively. we are, generally, pretty good at identifying the weaknesses in a finished film, but our lack of experience and our credulity towards marketing that doesn't feel like marketing leads us to utterly fail when we attempt to diagnose their cause. when our analysis lacks an understanding of the material conditions of production, as informed by firsthand accounts of those who actually do the work, we cannot help but embarrass ourselves and in so doing blatantly misinform our audiences.

it didn't used to be like this. i remember the late 90s and early aughts, when joints like ILM were praised for their innovations. how often do you hear about VFX houses today? probably only when they go bankrupt. it's such a shame, because what Jonas does in these videos most of all is reveal just how astonishing the work of visual effects artists actually is. these are the perils of an industry whose job is to be invisible, which is why it's so important that their labor be made visible after the fact, celebrated rather than papered over, analyzed extensively rather than mentioned offhand. the truth is that quite a lot of us have been boldly, profoundly wrong about CGI in movies for a long time, and we're well past due for a correction of the record.

all of which is to say that these are some really great videos and you should absolutely go watch them right now

NOTE FROM THE FUTURE: episode 4 came out and it's also great.

[quisters]

I’m going to start reviewing fiction podcasts. What should I do first?

(Please comment, ask, or reblog your suggestions!!)

[cursezoroark]

Aelitaaaa :D

[doomduck]

Last skate of the year, and I went with black as a symbol of the death of the old and birth of the new (wore nin 'bad witch' tshirt. Felt it fit the vibe).

Was going to video, but it was probably the most blissfully quiet Sunday ever so I just went with vibes. Chris did a stair run with me and repeatedly called me a bitch cause he doesn't do cardio. Which was amusing.

So, we shall do a mini wrap up for the year:

The good:

Camel spin is coming along nicely i think. Waltz and sal are pretty solid. Over all skating is improving i think. I'm showing signs of getting sit spin back. And think I might be able to go from camel to a tuck position in a couple of months if I keep at it. I can do backwards cross rolls without feeling like I'm going to die. Which honestly didn't think would ever happen. Coaching change has turned out better than expected.

The bad: no loop. And I am angry at myself for it. A hole year of working on it and it hasn't clicked yet. Which means i haven't learnt flip or Lutz yet. Which i am also pissed about. Toe loop still needs work. Left Forward inside 3 turn likes to try and kill me once a month for no apparent reason. Back spin is still inconsistent and unstable. Didn't finish skate school. I couldn't justify the expense of both that and private lessons. So it had to go. Didn't do the elementary pattern test or preliminary program nor any competitions.

So a bit of a mixed bag.

Goals for next year:

All single jumps.

Start working towards single axel.

Start learning more turns and steps

Pass elementary pattern test.

Pass preliminary program.

Maybe compete.

Start making figure skating costumes.

See yuzuru hanyu skate again.

Watch a grand prix event in real life.

Keep having a good time.

Next week I might start the year off with a 'heros' theme so I can wear my yuzuru and david bowie shirts.

[kobyhydrangea]

I wanted to practice lights

Time lapse :>