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Angela Gunn Tech_Space, USA Today.

"[Wal-Mart] demonstrates a clear pattern of deception."

Rep. Paul Gillmor (R-Ohio).


May 7th, 2015
Filed under: Citizen Groups,Despoilment,Mystery Closings,Video
Growing up in rural Southeastern Ohio I was nightly treated to an experience that I have repeated only during massive power outages here at the other end of the state: a sky filled with stars. Light pollution, even here on the fringe of Cuyaghoga County, masks nearly all the stars in the night sky. Light pollution has become so ubiquitous in the United States that most ground-based telescopes are rendered useless. We are losing our dark. There was another experience I had growing up along the Ohio River that also depended upon a dearth of artificial light, going to a Drive-In Theater. I have found memories of watching double features, first with my father and later with my first serious girlfriend, at the two local Drive-Ins near my home. I don't know how many Drive-Ins remain in 2015, but I know that one, The Parkway Drive-In on Lamar Alexander Parkway in Maryville, Tennessee, is threatened by the construction of a Walmart, with all the attendant searingly bright parking lot lights. Over the past 10 years I've read of many objections to the construction of a Walmart---traffic, noise, crime, devastated local businesses---but this is a first. Businesses like the Parkway are rare, and daily growing more so. There is nothing rare about a Walmart. (In fact they are so ubiquitous that the company could shut down five stores in the blink of an eye and not give a shit about the people who worked there.) Sadly, I expect the voices of the people who want to save the Parkway to be ignored by those with the power to block a Walmart for simple financial reasons: the tax base provided by a Walmart will far exceed that of a Drive-In and those people will make the expected sympathetic noises but then disingenuously lament that their hands are tied as they gleefully count the dollars that will enrich their personal power base. I wish the people fighting to save the Parkway well, but they have a very difficult, uphill battle before them. Jeff Hess: Have Coffee Will Write.
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May 1st, 2015
Filed under: Mystery Closings
walmart 150501 So, you're a multi-national, multi-billion dollar corporation and you give 2,200 employees five hours notice that they need to find another job. Sure, you kind of follow federal law and give them 60 days of severance pay because you don't want to get sued, fined and have to pay for all those legal fees, but what do you do to show you really care about your former workers? You send them a photocopied advice sheet.
Earlier this month, Walmart suddenly and mysteriously closed five stores in four different states, citing “plumbing problems” as the reason for the six-month closure. The company’s advice to the thousands of employees it had just laid off? Don’t stress, avoid chocolate. The documents, provided to us by the UFCW’s Walmart division (OUR Walmart), were reportedly handed out to workers the day they were laid off with just a few hours-notice. Consider it a little salt for your friendly neighborhood Walmart-inflicted wound.
Walmart didn't even see fit to include a bit of tape and string so that workers could fashion their own parachute. Jeff Hess: Have Coffee Will Write.
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April 21st, 2015
Filed under: Employees,Employment,Humor,Litigation,Mystery Closings,Organized Labor,Public Relations
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April 16th, 2015
Filed under: Media,Mystery Closings,National
walmart closures 150415 Given Walmart's response to previous attempts to unionize stores, this makes the most sense of all the theories I'm reading so far:
[Venanzi Luna was one of 530 employees told Monday that the store is closing for six months] says that as a member with the Organization United for Respect at Walmart, a group funded by the Food Workers Union, she has led strikes and sit-ins. Pico Rivera has been a hotbed for worker activism as protests took place there for higher wages. Luna wonders if Walmart was targeting the workers who spoke out. “This is the first store that went on strike. This is the first store in demanding changes for Walmart,” she said.
The question becomes, if this is the case, who blinks first? How many stores would Walmart be willing to shutter to convince workers that protest will not be tolerated? Jeff Hess: Have Coffee Will Write.
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April 7th, 2015
Filed under: Internet,Technology
brick in the walmart Kipp Pietrantonio earned his Ph.D. in psychology from the University of North Dakota and now works for the Counseling and Consultation Service of Ohio State University (I refuse, as a proud Bobcat, to add a pretentious article to the school's name). Pietrantonio's buddy Keith Mcintosh holds a master's in sociology. Together the make a stab at a Click And Clackesque podcast on world news, pop culture, important people and the world of social science. In episode 15, Another Brick In Walmart, they unleash their raillery on the good and bad of Wal*Mart and how big box stores represent the peak of capitalism. This isn't scholarly work, they're having fun. What I found interesting, however, was that they felt that Walmart was such a behemoth (their word) that they could talk with each other for an hour and not need meaningfully prepare. Think of Linda Richman prompting: "Walmart, the good and the bad, discuss." In other headlines today: Ocala Residents upset with proposal to build Walmart Walmart's Opportunity to Change the Game with Suppliers Jeff Hess: Have Coffee Will Write.
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April 6th, 2015
Filed under: Charity,Employees,Walmart Hunger
thanksgiving 131120 The best way for Walmart to fight hunger is to ensure that the people who work there have sufficient money at the end of the week---either by further raising wages or increasing hours---to put food on the table. Internally, Walmart prefers to ask workers to help workers instead of taking the lead. The Bentonvile Behemoth prefers to put dollars into tax-deductible projects that garner positive public attention like The Fight Hunger, Spark Change, Campaign.
Today Walmart launches the spring Fight Hunger Spark Change campaign, a nationwide initiative inviting the public to take action in the fight against hunger. Working with some of the nation’s leading food companies---Campbell’s, ConAgra Foods, General Mills, Kellogg Company, Kraft, and Unilever---Walmart is offering the 140 million customers that shop at its stores each week three easy ways to help families in need in their local communities. Through the campaign, Walmart aims to donate up to $3 million to Feeding America based on customer participation in the #WeSparkChange social media challenge and Walmart’s suppliers aim to donate enough to help Feeding America secure 75 million meals for affiliate food banks across the country.
If you have continuing doubts about whether or not Walmart workers are actually hungry, pop over to Walmart Hunger Games. Jeff Hess: Have Coffee Will Write.
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April 5th, 2015
Filed under: Advertising,Amazon,Competitors,Customer Satisfaction,Internet,Technology
Recently the world of techogeekdom took notice of Walmart and added a discussion forum to the popular Reddit website. The very first question posed was this: Why is it cheaper for me to order something on Wal-Mart's website and pickup the same item in the same store VS me going to the same store and getting the item myself? Good question. The obvious answer is that Walmart Online doesn't have to maintain a bricks-and-mortar presence filled(semi-filled (kind of filled)) with employees earning at least $9 an hour. Here's what one Reddite replied;
Walmart.com is technically a seperate entity from walmart. The prices online are competing with other online retailers(note - amazon) where as in the store we are not competing with a brick and mortar amazon. Strange, walmart matches walmart.com prices as long as its not a third party vendor, so you should have gotten the item for that price. Is this a turtle beach headphone by chance? One of my guys in electronics had a customer with turtle beach headphones that were cheaper online(i believe its the price point you are talking about). To get a price match from walmart.com, the item has to be IN STOCK for store pickup AND to be ordered to YOUR house. If it is OOS for either options we can not match the price. The walmart # doesn't HAVE to match... because I'm sure guys in electronics know this very well.. The walmart item # online VS what the telxon will tell you could very well be different. Armed with this knowledge, you should head to the store and try to get the price matched. When they say they can't, call them on their bullshit. If they still refuse, get an assistant manager or above. If they state that the policy I have given you is incorrect, ask for a higher up manager until you are dealing with the store manager. If by that point they haven't just given it to you for the price because they want you gone(and you are in the right/they are in the wrong) - you'll want to get the information to contact their market manager. Now if you threaten to contact their MM and they STILL haven't given it to you for that price, let the MM know(nicely or not, doesn't matter at this point) about the policy Walmart holds on matching walmart.com and store # XXXX and CSM X, ASM X, CO MNGR X, AND the Store manager X all denied you the price(or if you got the item, were denying you the price because the policy you have is wrong and they just wanted to get you out). The MM will NOT be happy to here that not only did they fail to follow policy, they wasted much, much more time dealing with you when they should have just done it to get you out. Of course, you don't have to take it this far... But it's nice to play games with people who play games with you. As an employee, I can't talk shit to you or anything. But I can have AP trail you, be extra nice, spark up some bullshit conversation to get you more mad. As a customer, you can make our(well, upper management lol) world a living hell by having the MM come bitch at us.
Clearly, if you're making a significant purchase, say more than $20, then you need to check online, possibly print out the price and take the copy with you to the store. Jeff Hess: Have Coffee Will Write.
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April 4th, 2015
Filed under: Citizen Groups,Customer Satisfaction,Doug McMillon,Employees,Gay/Lesbian,Legislation,State
While the furor and threatened boycotts regarding Walmart's very public stand against anti-gay legislation in Arkansas---and generally in other states---aren't going away anytime soon, we are beginning to learn more about what lead to the important decision, like what did a many by the name of Bob Witeck have to do with Doug McMillon's decision?
When Walmart sided with gay rights by saying that Arkansas’s religious freedom reformation act sends the “wrong message”, it surprised many. The nation’s largest employer is more commonly associated with low wages and red-state religious values than with LGBT rights. But in working with Bob Witeck, the DC-based head of the gay and lesbian-focused communications group Witeck Communications, Walmart addressed charges by critics that it ought to put its money where its mouth is, and lobby to avert dangerous anti-gay legislation in its own backyard.
I think the backyard angle was critical here. Walmart might have taken a lower, or no, key approach to the issue in other states (as the company did do in Indiana), but to stand by in the Arkansas just wouldn't do.
An early reason corporate America waded tepidly into these fights was because they “wanted top talent”, which often includes gay executives. After Massachussets made same-sex marriage legal more than a decade ago, it was an outlier to be able to have a recognized gay union. It “didn’t become palpable until the last five years”, Witeck says of corporate America, that they could be losing talent all over the country to queer families who won’t give up their legal protections easily where they have them. Corporate America has, improbably enough, been stepping in as state legislatures roll back rights for LGBT workers in increasingly aggressive ways: the “boldest” move, Witeck notes, was Salesforce CEO Marc Benioff offering employees $50,000 relocation packages to move from Indiana if they feel uncomfortable. But not all LGBT employees, especially Walmart workers who live in Arkansas, are executives who can pick up and move to a new state. Witeck says that when he first started working with corporations on these issues, he had to help them understand LGBT rights don’t affect only gay versions of Don Draper, but “chambermaids”, people for whom English isn’t their first language, and blue-collar workers. Walmart’s workers, gay and straight, are notoriously known to be among the most economically exploited in the nation. Yet Walmart recently announced it is modestly raising its wages, though not by nearly as much as the Fight for $15 would like. Witeck gives Walmart a lot of credit for understanding this “movement among employees about wages and benefits”. Walmart and McDonald’s are moving, if too slowly, to reflect how voters are acting. “There was big support for wage increases everywhere, during an otherwise Republican wave,” he says.
What this fight demonstrates for me is that Walmart will act progressively when to do otherwise costs the company, and shareholders, cash. Don't think for a moment that Walmart is getting all warm and fuzzy, that will never happen, but to bring change to Walmart you have to prove that change means protecting existing, or increasing future, profits. Jeff Hess: Have Coffee Will Write.
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April 4th, 2015
Filed under: Litigation,Wall Street
Talk about confusing. There are some Walmart stories that can be flat out mind numbing because the issues are cloudy, the participants obscure and the language downright impenetrable. Take the case of Walmart and Stuart Grant.
A decision Tuesday by a federal judge in Texarkana, Arkansas, has left [Delaware shareholder lawyer Stuart Grant of Grant & Eisenhofer] enraged. The ruling, which tossed a derivative suit against Wal-Mart’s directors and officers for allegedly covering up bribes paid by the company’s Mexican subsidiary, has left the fate of Grant’s long-running Delaware investigation of Wal-Mart’s board in serious doubt. He blames Wal-Mart and its lawyers at Gibson Dunn & Crutcher for delaying his case so the company could litigate in Arkansas instead. But Grant also says the plaintiffs’ lawyers who brought the Arkansas derivative suit made a big mistake in their handling of the case. And if Delaware judges ultimately decide that the Arkansas dismissal precludes Grant from bringing Delaware claims against Wal-Mart’s board, he told me Tuesday, he may file a malpractice suit against the plaintiffs’ lawyers who litigated the Arkansas case. “If I were them, I’d be letting my malpractice carriers know,” Grant said.
So, what has Grant in an uproar?
That story begins in 2012, after the New York Times broke the news of Wal-Mart’s alleged coverup of bribes paid by the company’s Mexican subsidiary. The Times revelations were blood in the water for the shareholder bar. In addition to a securities fraud class action based on the company’s supposed misrepresentations to investors, shareholder lawyers initiated derivative litigation against Wal-Mart directors and officers in two different jurisdictions, Delaware, where Wal-Mart is incorporated, and Arkansas, where the company is headquartered.
(For those wondering why Walmart is incorporated in Delaware, that state offers a sweetheart deal on taxes for companies who take that path.) Is Grant a white knight tilting at the Bentonvile Behemoth or a rapacious pirate seeking plunder? I can't tell. Anyone know how to translate this into English without making me nod off? Jeff Hess: Have Coffee Will Write.
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April 4th, 2015
Filed under: Economics,Radio,Washington D.C.
walmart dc store 150403 I've read conflicting reports on Walmart's entry into the Washington D.C. metropolitan area over the last few months from Respect DC, DCist and Walmart. All, like myself, have their biases, but we are beginning to see how the transition from a conservative, rural operation to one dealing with urban markets and customers is changing the Bentonvile Behemoth. This past week National Public Radio produced The Urban Neighborhood Wal-Mart: A Blessing Or A Curse?, a two-part story on the Walmart's entrance into the nation's capital.
You should certainly take the 20 minutes needed to listen to the stories, but also you should visit the NPR page so that you can take in the graphics that radio doesn't let you see. Jeff Hess: Have Coffee Will Write.
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April 3rd, 2015
Filed under: Employees,Immigration,International,Organized Labor,Technology
Walmart deserves kudos for the recent opposition to the discriminatory state law regarding faux religious freedom concerns. Stepping up has cost the company some grief from the religious wrong and the corporately funded Tea Party. How the wrong-wing of the Republican party will react to this AFL-CIO report regarding Walmart and immigration is up for grabs.
After Decimating U.S. Manufacturing, Wal-Mart Takes Aim at t he Information Technology Sector On Wednesday April 1, the U.S. Customs and Immigration Services (USCIS) will receive a flood of Labor Condition Application (LCA) petitions from employers---the first step in the annual H-1B visa process that allows U.S. companies to bring high-skill “guest workers” to the U.S. for up to 6 years. At the same time, corporate lobbying groups like FWD.us will likely be making the rounds on the Hill, aiming to almost triple the number of H-1B visas allotted annually. New research reveals that Walmart, the world’s largest retailer, has quietly joined their effort---and the company has itself become a major user of the H-1B program. Summary of Key Findings
  • Walmart is lobbying for a massive increase in the number of H-1B visas. Walmart or Walmart principals back FWD.us and Compete America, the major lobbying groups working to triple the availability of H-1B work visas.
  • Walmart filed 1,800 petitions (certified LCAs) for H-1B visas in IT-related occupations between 2007 and 2014. These H-1B visa holders work for Walmart in areas like software development, collaborative applications, data management, system maintenance, and other IT fields.
  • Between 2007 and 2014, IT contractors have filed almost 15,000 petitions (certified LCAs) for H-1B visas for work placed in Bentonville, Arkansas, home to Walm art’s headquarters and information technology center. Walmart is a known client of these controversial outsourcing contractors, including Infosys, Cognizant and Wipro.
  • Walmart is driving down standards in the tech industry in the U.S. by using H-1B visas and contractors excessively, and violating the spirit, if not the letter of the visa program. This keeps costs low and allows for IT guest workers to be paid less.
  • Walmart and its outsourced IT operations at contractor s do not hold up their end of the immigration bargain: they rarely apply for green cards for H-1B visa workers. In some years, they submit no green card applications at all.
  • Walmart and its IT contractors have made Bentonville, Arkansas, a high H-1B visa-density area for IT guest workers. Walmart and its IT contractors are clearly availing themselves of high quantities of H-1B visas for tech workers in Bentonville, suggesting that Arkansian STEM graduates, and STEM students generally, are likely overlooked in favor of IT guest workers that are paid below market wages and have few rights.
  • Walmart’s key vendor Infosys was prosecuted for committing visa fraud in 2013—for using B-1 instead of H-1B or other visas. Infosys paid $35 million in a settlement with the U.S. government.
  • So, where can you get a good curry in Bentonville? In other headlines today: Church Mutual to move into Vacant Merrill Walmart Building Wal-Mart's Wage Hike Insufficient to Keep Workers Off the Dole Wal-Mart exec: Credit card upgrade a 'joke' Jeff Hess: Have Coffee Will Write.
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    April 3rd, 2015
    Filed under: Competitors,Litigation
    walmart chuck taylors 150403 Walmart fights lots of legal battles because to not fight could have disastrous financial consequences. One battle that I was not aware of until this week involves Nike-owned Converse and the iconic Chuck Taylor All-Stars sneakers. Air Jordan's may have brought in more cash, but nearly a century has passed since Converse first introduced the shoes in 1917, and the shoes, mostly unchanged, still sell.
    In the Converse trademark-infringement saga’s most recent development, retail behemoth Wal-Mart is taking on the maker of the Chuck Taylor All-Star sneaker. While a number of brands have chosen to settle, including Ralph Lauren and Aldo, Wal-Mart filed a complaint on Monday against the Nike Inc.-owned Converse with the International Trade Commission. In the filing, Wal-Mart argues that the toe caps, toe bumpers and stripes that Converse claims to own are “actually or aesthetically functional” and therefore “they are not subject to trademark protection.” The company cites advertising in which Converse seems to acknowledge that it doesn’t own the rights to the features. The Wal-Mart complaint stems from when Converse — in a surprise move last October — filed suit with the International Trade Commission against more than 30 companies for infringing on the trademarks of the classic Chuck Taylor All-Star. Virtually no one in the industry was spared — Walmart, Kmart, Skechers, Fila, Aldo, Ralph Lauren and more were named in Converse’s suit. Since then, many of those companies have settled out of court, including Zulily and Tory Burch. And in a high-profile settlement in late January, Ralph Lauren agreed to destroy all of its remaining footwear that resembled the Converse shoes and not produce the styles again. The settlement amount has not been disclosed. As brands continue to weigh their options in terms of settlement versus letting the case drag out, it looks as though Wal-Mart is in the fight for the long haul. Wal-Mart’s complaint accuses Converse of using the suit to “extort monetary settlements” and says it “will fight Converse’s anti-competitive actions to preserve Every Day Low Prices for Wal-Mart customers.”
    Oh, and profits for shareholders, of course. Jeff Hess: Have Coffee Will Write.
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    April 3rd, 2015
    Filed under: Employees,Litigation
    Here's a note to Walmart U.S. CEO Greg Foran: when you're company is fighting one employee lawsuit after another, perhaps there is something within your culture that ought to have been on your list of eight.
    Two wage-and-hour lawsuits, one brought as a class action and the other as a collective action, are proceeding against Wal-Mart. The company had moved to dismiss both suits, which allege that assistant store managers weren't paid for their overtime hours, but a federal judge in Pittsburgh denied the motions and allowed the suits to proceed. U.S. District Judge Mark R. Hornak of the Western District of Pennsylvania declined to combine the cases, as had been requested by the plaintiffs. "In each of these cases, former assistant store managers of the defendant Wal-Mart Stores Inc. sue to recover allegedly unpaid overtime pay," Hornak said, outlining the basis of the suits, one of which was brought under the federal Fair Labor Standards Act and the other under the Pennsylvania Minimum Wage Act. Andrew Swank brought the case under the state law. "The principal thrusts of the defendant's efforts to dismiss Swank are the assertions that plaintiffs have failed to plead that assistant managers across Pennsylvania work more than 40 hours in a work week, and that under no set of circumstances could the Swank case ever be certified as a class action pursuant to Rule 23," Hornak said, referring to the Federal Rule of Civil Procedure that governs class action lawsuits. Wal-Mart had argued the case should be dismissed. "But courts grant motions to dismiss class allegations before class discovery only in 'the rare few [cases] where the complaint itself demonstrates that the requirements for maintaining a class action cannot be met,'" Hornak said, quoting from the Eastern District of Pennsylvania's 2012 opinion in Goode v. LexisNexis Risk & Information Analytics Group. If discovery could show there is a viable class, then a motion to strike that class is to be denied, the judge said.
    Granted, Walmart has deep pockets, but I like to remember the story of two factories near Parkersburg, West Virginia. The first, where my grandfather worked, was unionized and there was a constant batter between workers and management over what always seemed to be petty offenses. The second, a few hundred yards away, where my father worked, was not unionized and workers were a content lot and there was seldom any problems and those few were quickly and fairly dealt with. The difference was not the union, however. The difference was the management in the first place treated workers like dirt and they had little choice but to unionize to protect their lives and livelihood. The chemical workers union tried time and time again to unionize my father's place of employment but never succeeded because the workers, well paid, treated and regarded by management, saw no benefit in unionizing. I don't know the numbers, but I would wager that the first operation paid out more in legal fees and lost productivity over the years that the second ever did treating workers like people. Now if Walmart could be that enlightened perhaps these pesky suits would stop. Jeff Hess: Have Coffee Will Write.
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    April 3rd, 2015
    Filed under: Vendors
    The central question weaving through all the news of Walmart's decision to raise wages has been where is the money going to come from to pay for the wage bump? Now we have an idea---hint, the money will not be coming from Walmart's profits and stock dividends. Walmart wants suppliers to pick up the slack.
    Wal-Mart is asking suppliers in the United States to cut back on advertising spending in its stores as it seeks lower prices on goods that it sells to its own customers. The request comes as the world’s largest retailer, based in Bentonville, Arkansas, looks to reclaim its position in the U.S. market as the low-price leader amid stiff competition and perk up sluggish sales in the U.S., which accounts for more than half of the discounter’s total sales. Historically, makers of consumer products like laundry detergent spend money marketing their products at Wal-Mart, whether by online advertising on social media or store displays. Wal-Mart’s U.S. division told suppliers in February they would rather have them cut their advertising budgets and instead “reinvest” some of that money into cutting unit prices. Deisha Barnett, a Wal-Mart U.S. spokeswoman, confirmed the strategy to the Associated Press, and said that the discounter has made that request in the past but described the recent overture as more of a “reinvigorated focus.”
    Why do I think that Barnett's vision of reinvigorated---literally restored to life---is more in the line of using electrical shock, and not in a kind way? Jeff Hess: Have Coffee Will Write.
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    April 2nd, 2015
    Filed under: Employees,Philosophy
    One of the ways to ensure inaction is to compile a list of actions necessary for your success that runs more than two- (maybe three) items long. Walmart U.S. CEO Greg Foran has come up with a list of eight items---six too many in my book---to fix in order to make Walmart better. Walmart is an emergent system, a complex culture developed over decades and attempting improvements without reshaping that culture from the ground up is likely to result in lots of milling about smartly until the next executive is promoted to Foran's office. What do I think of Foran's list? Not much. Nowhere on the list is any mention made of the single most important element of any culture: people. Time to rethink, Greg. In other headlines today: Five things Walmart needs to do with its battered suppliers My Turn: There are pros and cons to working at Walmart Walmart is trying to weasel out of hundreds of millions in damages Jeff Hess: Have Coffee Will Write.
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