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It is well established that CHO ingestion during prolonged endurance exercise delays fatigue and improves the power output that can be maintained (8,16). The beneficial effect of CHO supplementation in most instances is attributable to the maintenance of euglycemia and a high rate of CHO oxidation, but other mechanisms may also be involved (8,16). Based on the wealth of evidence available, sports nutrition experts generally recommend that athletes ingest 30 to 60 g of CHO per hour during exercise to optimize endurance performance and subsequent training adaptations (1). An efficacious way for athletes to meet this recommendation and also to satisfy their hydration needs is to drink 600 to 1400 mL·h−1 of a 4% to 8% CHO solution, preferably in small, frequent doses from the onset of activity (1).
In contrast to CHO ingestion, exogenous provision of protein (PRO) during exercise is not generally regarded as important for endurance athletes (1). However, several studies have reported that coingestion of PRO with CHO during prolonged exercise improved time to exhaustion compared with CHO alone (14,25,26). This is an equivocal area of research, with other studies showing no difference between 6% CHO + 2% PRO (CHO + PRO) and CHO alone on endurance performance (21,23,28,29), and direct comparisons between studies are hampered by differences in research designs. Nonetheless, researchers who have reported an ergogenic effect of CHO + PRO compared with CHO alone have identified several potential mechanisms (14,25,26), including a reduced rate of muscle glycogen use and less reliance on nonoxidative metabolism, secondary to better maintenance of the muscle pool of tricarboxylic acid cycle intermediates (TCAI). However, no study has directly examined this issue, and thus mechanisms proposed to explain the improved endurance capacity after CHO + PRO ingestion (14,25,26) remain speculative.
The primary purpose of the present study was to determine whether coingestion of PRO with CHO would alter selected markers of skeletal muscle metabolic control during moderate-intensity exercise as compared with CHO alone. Using a double-blind, repeated-measures crossover design, we recruited trained cyclists and had them perform 90 min of constant-load cycling at 69% ± 1% V˙O2peak while ingesting either a 6% CHO or a 6% CHO + 2% PRO solution at a rate of 1 L·h−1. This drinking strategy was adopted to ensure a CHO delivery rate of 60 g·h−1 in both trials, which is the upper limit generally recommended to improve endurance performance (1). We tested the hypotheses that compared with CHO alone, CHO + PRO ingestion during exercise would favorably affect muscle energy metabolism as evidenced by 1) a reduced rate of glycogen catabolism, 2) an increased muscle pool of TCAI, and 3) a reduced phosphocreatine use. We (10) and others (6,20) have previously shown that nutritional perturbations can induce measurable changes in glycogen, TCAI, and phosphocreatine (PCr) metabolism during exercise at approximately 70% V˙O2peak in human skeletal muscle. A secondary purpose was to examine the influence of CHO versus CHO + PRO ingestion during exercise on markers of skeletal muscle recovery. Specifically, we measured the activity of creatine kinase (CK) in blood, an indirect marker of skeletal muscle membrane disruption (31), and 20-km time trial performance approximately 24 h after the first exercise bout.
Eight healthy men (mean ± SE: age = 29 ± 3 yr; weight = 79 ± 3 kg; height = 181 ± 2 cm) with a background in road cycling, triathlon, or duathlon were recruited. All subjects had been engaged in regular cycle exercise training for at least 2 yr before the study (mean = 4.8 yr, SE = 0.8 yr) and were cycling an average of 12 h·wk−1 or approximately 300 to 400 km·wk−1 at the time of the study. Their peak oxygen uptake (V˙O2peak) determined using on-line gas collection system (Moxus Modular V˙O2 System; AEI Technologies, Inc., Pittsburgh, PA) during a ramp test to exhaustion on an electronically braked cycle ergometer (Excalibur Sport V2.0; Lode BV, Groningen, The Netherlands) was 55 ± 2 mL·kg−1·min−1. After being advised of the purpose and the potential risks of the study, all subjects provided written, informed consent. The experimental protocol was approved by the Hamilton Health Sciences/Faculty of Health Sciences Research Ethics Board.
The main phase of the study was a randomized, double-blind comparison of the effect of ingesting 6% CHO or 6% CHO + 2% PRO during a 90-min bout of constant-load cycling that elicited 69% ± 1% V˙O2peak on selected markers of skeletal muscle metabolic control. Subjects arrived at the laboratory in the morning after ingesting a breakfast of their own choosing to simulate their habitual prerace practice. A catheter was inserted into an antecubital vein for blood sampling, and the area over one thigh was prepared for the extraction of a needle muscle biopsy sample. Briefly, the lateral portion of one thigh was anaesthetized (1% xylocaine) and a small incision was made through the skin and the underlying fascia to obtain a tissue sample from the vastus lateralis muscle. After removal from the leg, the muscle sample was immediately frozen in liquid nitrogen. After resting blood and biopsy samples were obtained, subjects initiated the cycling bout and ingested either the CHO or the CHO + PRO drink at a rate of 250 mL every 15 min to ensure a CHO delivery rate of 60 g·h−1, with or without 20 g of PRO per hour. Cardiorespiratory data and RPE were collected and averaged over the 5-min intervals beginning at 20, 40, 60, and 80 min into the exercise bout. Rates of whole-body CHO and fat oxidation were calculated based on the equations published by Peronnet and Massicotte (22). A muscle biopsy and a blood sample were also obtained immediately after exercise. Approximately 24 h after the constant-load test, subjects returned to the laboratory and performed a simulated 20-km cycling time trial on a Computrainer (RacerMate, Inc., Seattle, WA) using their own bicycle as previously described (29). Subjects received no temporal, verbal, or physiological feedback during the time trial. Subjects collected their urine into a 4-L container during the period between the first and the second rides, and upon return to the laboratory, a blood sample was obtained by venipuncture before the time trial. The two experimental trials were performed in random order separated by at least 7 d. Subjects also visited the laboratory on several occasions before the main experiment to establish the appropriate workload for the constant-load test and to perform a familiarization time trial.
The two experimental beverages were formulated by Gatorade (Barrington, IL) and contained the same amount of electrolytes and were similarly flavored (Table 1). The only difference between the beverages was that one contained 6% CHO in the form of sucrose (CHO) and one contained 6% CHO plus 2% whey PRO (CHO + PRO). The source of the whey PRO isolate was Lacprodan (Arla Foods, Basking Ridge, NJ). The two beverages were delivered as dry powders in sealed packages, identified by code numbers to ensure blinding, and were subsequently stored in sealed and locked containers at room temperature in the laboratory. Aliquots of test beverages were carefully weighed and dissolved in water according to the manufacturer's instructions on the day of each experimental trial. The drinks were stored in translucent containers, each containing 250 mL of fluid, and served slightly chilled.
Physical activity and dietary controls.
Subjects were asked to keep their weekly training schedule as consistent as possible over the course of the experiment, but given the within-subject design (i.e., each subject served as their own control), training was not standardized across subjects. Subjects were specifically instructed to standardize their final workout performed 48 h before each experimental trial and to perform no physical activity, aside from activities of daily living, for 24 h before the start of each trial. Subjects were also advised to maintain their habitual diet over the course of the study and were required to maintain food records during the 24 h before the constant-load test and the 24-h period between the constant-load test and the time trial. After the first experimental trial, subjects were instructed to replicate their individual nutritional pattern over the course of the second trial and again record food intake, noting any deviations from the first trial. Food records were subsequently analyzed (Nutritionist Five dietary analysis software; First Data Bank, San Bruno, CA), and results confirmed no difference in total energy intake or macronutrient composition between trials (Table 2).
After initial freezing in liquid nitrogen, muscle samples were subsequently freeze dried, powdered, dissected free of nonmuscle elements, and stored at −80°C before metabolite analyses using standard methods in our laboratory. For glycogen determination, 2- to 3-mg aliquot of freeze-dried muscle was incubated in 2.0 N HCl and heated for 2 h at 100°C to hydrolyze the glycogen to glucosyl units. The solution was neutralized with an equal volume of 2.0 N NaOH and analyzed for glucose using an enzymatic assay adapted for fluorometry (22). A second 5- to 10-mg aliquot of freeze-dried muscle was extracted on ice using 0.5 M perchloric acid (PCA) containing 1 mM ethylenediaminetetraacetic acid, neutralized with 2.2 M KHCO3, and the resulting supernatant was analyzed for adenosine triphosphate (ATP), phosphocreatine, creatine, lactate, and TCAI citrate and malate using enzymatic assays adopted for fluorometry (22).
Venous blood samples were collected into commercial tubes that contained either no additive or heparin. Nonheparinized blood was allowed to clot, then centrifuged, and the serum stored for subsequent analysis of CK (CK-NAC 2-part liquid reagent set; Pointe Scientific Inc., Canton, MI). Heparinized blood was used for the immediate determination of glucose (Ascensia Contour Blood Glucose Monitor; Bayer Health Care, Toronto, ON) and lactate (Accutrend Lactate; Roche Diagnostics, Mannheim, Germany). The remaining heparinized blood was centrifuged, and the resulting supernatant was removed and stored at −20°C for the subsequent analysis of plasma insulin using an immunoassay kit (Insulin EIA; Alpco Diagnostics, Salem, NH) and plasma amino acids using a high-performance liquid chromatography method described by Wilkinson et al. (32). Briefly, extracts were derivatized before injection using Waters™ AccQ·Fluor™ reagent kit (Milford, MA) by heating for 10 min at 55°C to form the 6-aminoquinolyl-N-hydroxysuccinimidyl carbamate derivative of all physiologic amino acids. Samples and standards (Sigma, St. Louis, MO) were run on a Waters™ 2695 high-performance liquid chromatography separations module through a 4-mm AccQ·Tag column (Water, Nova-Pak C18, bonded silica) to separate the amino acids. The amino acids were detected using Waters 2475 scanning fluorescence detector excitation and emission wavelengths of 250 and 395 nm, respectively. Amino acid peak areas were integrated compared with known standards and analyzed using a Waters Millenium32 software package.
After total urine volume was measured, an aliquot was stored at −86°C for subsequent analysis of urea and creatine using commercial kit assays (Pointe Scientific Inc.).
All muscle and blood data were analyzed using a two-factor (condition × time) repeated-measures ANOVA (Sigma Stat 3.1, Point Richmond, CA). All diet, time trial performance, and urine data were analyzed using a one-way repeated-measures ANOVA. The level of significance for all analyses was set at P < 0.05, and significant interactions and main effects were subsequently analyzed using a Tukey post hoc test. All data are presented as mean ± SE (n = 8). One subject did not adhere to the physical activity, and nutritional controls after the constant-load test in one trial and hence CK activity, diet, and time trial data are based on n = 7.
Mean V˙O2, averaged over the 90-min bout of constant-load cycling, corresponded to an intensity of 69% ± 1% V˙O2peak in both experimental trials (Table 3). There was no difference between treatments in V˙O2, HR, expired ventilation, respiratory exchange ratio, whole-body substrate oxidation, or RPE during exercise (Table 3).
The plasma concentration of branched chain amino acids (Fig. 1) and total essential amino acids (Table 4) was higher after exercise in CHO + PRO versus CHO (P < 0.05). Blood insulin decreased during exercise compared with rest (main effect, P < 0.05), but there were no differences between treatments. Changes in blood lactate and glucose were also similar between trials (Table 4). Serum CK measured 24 h after the constant-load exercise bout was higher compared with baseline (main effect, P < 0.05), but there was no difference between treatments (Fig. 2).
Muscle glycogen decreased during exercise (main effects, P < 0.05), but there was no difference between the CHO and the CHO + PRO trials (Fig. 3). The TCAI citrate and malate increased during exercise, but there was no difference between trials in their either individual or sum concentration (Fig. 4). Similarly, there were no treatment effects for muscle ATP, phosphocreatine, creatine, or lactate (Table 4).
There was no difference between treatments in creatinine (CHO + PRO = 1.2 ± 0.6 vs CHO = 1.3 ± 0.6 g·24 h−1) or urea (CHO + PRO = 10.5 ± 1.3 vs CHO = 12.5 ± 1.6 g·24 h−1).
Time trial performance.
Time to complete the 20-km time trial was not different between conditions (Fig. 5). Average HR (CHO + PRO = 157 ± 3 vs CHO = 158 ± 3 beats·min−1) and mean power output (CHO + PRO = 286 ± 24 vs CHO = 284 ± 22 W) were also similar between treatments.
The major novel finding from the present study was that coingestion of PRO with CHO during 90 min of cycling at 69% ± 1% V˙O2peak did not alter selected markers of skeletal muscle metabolic control compared with CHO alone. We also found no effect of the nutritional intervention on the activity of CK measured in venous blood or next-day time trial performance. The relative concentration of CHO and PRO in the drinks used in the present study was similar to previous studies that have reported CHO + PRO ingestion improves endurance capacity compared with CHO alone (14,25,26). However, the overall rate of energy intake in the present study was higher because of this greater volume of fluid ingested because our goal was to ensure that CHO intake was on the upper end of the range commonly recommended by sports nutrition experts (1). We also demonstrated that the blood concentration of specific amino acids was increased after CHO + PRO ingestion compared with CHO, which is presumably important for the intervention to induce a metabolic effect in skeletal muscle or other tissues (14).
Many studies have reported that CHO + PRO ingestion during exercise improves cycle endurance capacity compared with CHO alone (14,25,26). For example, Ivy et al. (14) reported that time to exhaustion during cycling at 85% V˙O2peak was increased by 36% when trained cyclists ingested approximately 2% PRO with approximately 8% CHO (at a rate of ∼600 mL·h−1) during a standardized 3-h variable intensity cycling bout performed immediately before the timed ride to fatigue. Similar performance improvements were reported by Saunders et al. (25,26), who showed that trained cyclists rode longer to exhaustion at an intensity of 75% V˙O2peak when they ingested approximately 2% PRO with approximately 7% CHO compared with CHO alone (also at a rate of ∼600 mL·h−1). Various theories have been advanced to explain these observations (14,25,26), and the present study specifically addressed two mechanisms originally proposed by Ivy et al. (14). Specifically, these authors (14) postulated that the improved performance after CHO + PRO ingestion "could be related to the sparing or more efficient use of muscle glycogen (or) anaplerotic reactions and the retention of Krebs cycle intermediates."
The precise manner by which PRO ingestion during exercise could attenuate the rate of muscle glycogen use has not been clearly elucidated. However, the general theory (14) is based on the findings from some studies that showed PRO ingestion with CHO after prolonged moderate-intensity exercise augmented insulin secretion (3,4,15,33) and rate of muscle glycogen resynthesis (2,13,33). In fact, the potential for PRO to influence postexercise glycogen resynthesis is an equivocal topic and appears to depend on the rate and the amount of CHO ingested (7). As summarized by Burke et al. (7), "Most evidence suggests that feeding a high amount of CHO at frequent intervals negates the benefits of added PRO … (but) coingestion of PRO with CHO will increase the efficiency of muscle glycogen storage when the amount of CHO ingested is below the threshold for maximal glycogen synthesis." Irrespective of the data on recovery from exercise, there is little evidence to suggest that ingesting PRO with CHO during prolonged exercise alters blood insulin concentration compared with CHO alone, and the present results are consistent with other recent studies in this regard (14,29). Indeed, as recognized by Ivy et al. (14) in their original study, an elevation in blood insulin represents a questionable hypothesis to explain the purported glycogen sparing effect of CHO + PRO ingestion. The present study is the first to address this topic directly, and we found no difference in the rate of muscle glycogen use during exercise at an intensity of 69% ± 1% V˙O2peak when subjects ingested CHO or CHO + PRO.
A second mechanism proposed to explain the finding of longer time to exhaustion after CHO + PRO ingestion compared with CHO alone relates to changes in the skeletal muscle pool of TCAI (14). Several investigators have proposed that the increase in muscle TCAI is crucial to achieve high rates of mitochondrial respiration during exercise (24,30), and a common interpretation is that a given concentration of TCAI is required to sustain a given rate of oxidative phosphorylation during exercise (14). However, as recently reviewed by Bowtell et al. (5), a substantial body of evidence from both human and animal studies conducted in several laboratories has questioned this theory from a basic science perspective. For example, we (9) combined measurements of muscle TCAI, amino acids, and key energy metabolites with direct measurements of limb oxygen uptake during a 90-min bout of moderate-intensity exercise. After a threefold expansion during the initial minutes of exercise, the muscle TCAI pool rapidly declined such that the value after 60 and 90 min was not different from the resting concentration. Despite the decline in muscle TCAI, the capacity for aerobic energy provision was not compromised, as evidenced by stable limb oxygen uptake during exercise and no change in muscle phosphocreatine content, which is a sensitive indicator of mitochondrial respiration.
In the present study, we found no difference between the CHO and the CHO + PRO treatments on the total concentration of malate and citrate, which account for approximately 70% of the muscle TCAI pool in humans (9), or the rate of muscle phosphocreatine degradation. Paradoxically, according to the theory originally proposed by Wagenmakers et al. (30), one would predict that an increased rate of PRO oxidation during exercise (i.e., secondary to PRO ingestion) could potentially impair aerobic energy provision by reducing the muscle concentration of TCAI. Regardless, a reasonable interpretation of the available literature is that changes in muscle TCAI are not causally related to the capacity for aerobic energy provision in human skeletal muscle (5).
In addition to our primary focus on skeletal muscle metabolism, we also measured markers of skeletal muscle recovery approximately 24 h after the first bout. Several studies have reported that PRO ingestion during prolonged exercise attenuates the postexercise rise in CK (17,25,26,28), but our data are consistent with other reports that have failed to show a difference in this regard (11,19). Despite the widespread use of these markers (11,12,17,19,23,25,26,28), blood levels of myofiber enzymes correlate poorly with changes in muscle function, and many investigators have recommended deemphasis on the use of these methods to quantify the magnitude and the time course of muscle injury (31). Future research that incorporates other techniques including functional measurements, noninvasive imaging, and direct muscle sampling to evaluate histological changes may clarify our understanding of the potential for PRO ingestion to attenuate muscle disruption after exercise. We also found no treatment effect on our other marker of skeletal muscle recovery, the 20-km time trial performance. These data are in contrast to a study that showed improved time to exhaustion at 85% V˙O2peak 12 to 15 h after a bout of exercise when subjects ingested CHO + PRO compared with CHO alone but consistent with recent data from Betts et al. (4), who found no difference between the CHO and the CHO + PRO drinks ingested during recovery on subsequent run performance.
In summary, the present study found that, as compared with CHO alone, coingestion of PRO with CHO during cycling exercise at 69% ± 1% V˙O2peak did not alter the magnitude of muscle glycogen or phosphocreatine use, the net expansion of the tricarboxylic acid cycle pool, the blood CK activity, or the next-day time trial performance. These data therefore suggest that when trained men ingest CHO at a rate on the upper end of the range generally recommended to improve endurance performance, coingestion of PRO does not alter specific markers proposed to reflect an enhanced capacity for skeletal muscle energy delivery. PRO ingestion during exercise has been reported to induce other acute changes that could facilitate exercise capacity, including reduced muscle proteolysis (18) and improved fluid retention (27). It is also possible that the potential metabolic and performance effects of PRO ingestion are influenced by relative exercise intensity, and this could explain some of the equivocal findings in the literature. Regardless, additional work is warranted to establish a viable mechanism to explain the finding by some authors that adding PRO to a CHO-based sport drink improved acute endurance performance.
The authors thank the participants for their time and effort and Todd Prior and Tracy Rerecich for their technical assistance. This project was supported by an operating grant from the Natural Sciences and Engineering Research Council (NSERC) to MG. NC held an NSERC doctoral scholarship (PGS-D), and AS was the recipient of an NSERC Undergraduate Student Research Award. The results of the present study do not constitute endorsement by the American College of Sports Medicine.
1. American College of Sports Medicine, American Dietetic Association, Dietitians of Canada. Nutrition and athletic performance. Med Sci Sports Exerc
2. Berardi JM, Price TB, Noreen EE, Lemon PW. Postexercise muscle glycogen
recovery enhanced with a carbohydrate-protein supplement. Med Sci Sports Exerc
3. Betts J, Williams C, Bobbis L, Tsintzas K. Increased carbohydrate oxidation after ingesting carbohydrate with added protein. Med Sci Sports Exerc
4. Betts JA, Stevenson E, Williams C, Sheppard C, Grey E, Griffin J. Recovery of endurance running capacity: effect of carbohydrate-protein mixtures. Int J Sport Nutr Exerc Metab
5. Bowtell JL, Marwood S, Bruce M, Constantin-Teodosiu D, Greenhaff PL. Tricarboxylic acid cycle intermediate pool size: functional importance for oxidative metabolism in exercising human skeletal muscle. Sports Med
6. Bruce M, Constantin-Teodosiu D, Greenhaff PL, Boobis LH, Williams C, Bowtell JL. Glutamine supplementation promotes anaplerosis but not oxidative energy delivery in human skeletal muscle. Am J Physiol
7. Burke LM, Keins B, Ivy JL. Carbohydrates and fat for training and recovery. J Sport Sci
8. Colombani PC, Kovacs E, Frey-Rindova P, et al. Metabolic effects of a protein-supplemented carbohydrate drink in marathon runners. Int J Sport Nutr Exerc Metab
9. Gibala MJ, Gonzalez-Alonso JA, Saltin B. Dissociation between muscle tricarboxylic acid cycle pool size and aerobic energy provision during prolonged exercise in humans. J Physiol
10. Gibala MJ, Peirce N, Constantin-Teodosiu D, Greenhaff PL. Exercise with low muscle glycogen
augments TCA cycle anaplerosis but impairs oxidative energy provision in humans. J Physiol
11. Green MS, Corona BT, Doyle JA, Ingalls CP. Carbohydrate-protein drinks do not enhance recovery from exercise-induced muscle injury. Int J Sport Nutr Exerc Metab
12. Greer BK, Woodard JL, White JP, Arguello EM, Haymes EM. Branched-chain amino acid supplementation and indicators of muscle damage after endurance exercise. Int J Sport Nutr Exerc Metab
13. Ivy JL, Goforth HW, Damon BW, McCauley TR, Parson EC, Price TB. Early postexercise muscle glycogen
recovery is enhanced with a carbohydrate-protein supplement. J Appl Physiol
14. Ivy JL, Res PT, Sprague RC, Widzer MO. Effect of a carbohydrate-protein supplement on endurance performance
during exercise of varying intensity. Int J Sport Nutr Exerc Metab
15. Jentjens RL, van Loon LJ, Mann CH, Wagenmakers AJ, Jeukendrup AE. Addition of protein and amino acids to carbohydrates does not enhance postexercise muscle glycogen
synthesis. J Appl Physiol
16. Koopman R, Pannemans DLE, Jeukendrup AE, et al. Combined ingestion of protein and carbohydrate improves protein balance during ultra-endurance exercise. Am J Physiol Endocrinol Metab
17. Luden ND, Saunders MJ, Todd MK. Postexercise carbohydrate-protein-antioxidant ingestion decreases plasma creatine kinase and muscle soreness. Int J Sport Nutr Exerc Metab
18. Matsumoto K, Mizuno M, Mizuno T, et al. Branched-chain amino acids and arginine supplementation attenuates skeletal muscle proteolysis induced by moderate exercise in young individuals. Int J Sport Med
19. Millard-Stafford M, Warren GL, Thomas LM, Doyle JA, Snow T, Hitchcock K. Recovery from run training: efficacy of a carbohydrate-protein beverage? Int J Sport Nutr Exerc Metab
20. Mourtzakis M, Graham TE, Gonzalez-Alonso J, Saltin B. Glutamate availability is important in intramuscular amino acid metabolism and TCA cycle intermediates but does not affect peak oxidative metabolism. J Appl Physiol
21. Osterberg KL, Zachwieja JJ, Smith JW. Carbohydrate and carbohydrate + protein for cycling
time-trial performance. J Sport Sci
22. Péronnet F, Massicotte D. Table of nonprotein respiratory quotient: an update. Can J Sport Sci
23. Romano-Ely BC, Tod MK, Saunders MJ, St Laurent T. Effect of an isocaloric carbohydrate-protein-antioxidant drink on cycling
performance. Med Sci Sports Exerc
24. Sahlin K, Katz A, Broberg S. Tricarboxylic acid cycle intermediates in human muscle during prolonged exercise. Am J Physiol
25. Saunders M, Luden ND, Herrick JE. Consumption of an oral carbohydrate-protein gel improves cycling
endurance and prevents postexercise muscle damage. J Strength Cond Res
26. Saunders MJ, Kane MD, Todd MK. Effects of a carbohydrate-protein beverage on cycling
endurance and muscle damage. Med Sci Sports Exerc
27. Seifert JG, Kipp RW, Amann M, Gazal O. Muscle damage, fluid ingestion, and energy supplementation during recreational alpine skiing. Int J Sport Nutr Exerc Metab
28. Valentine R, Saunders MJ, Todd MK, St Laurent TG. Influence of carbohydrate-protein beverage on cycling
endurance and indices of muscle disruption. Int J Sport Nutr Exerc Metab
29. Van Essen M, Gibala MJ. Failure of protein to improve a time trial performance when added to a sports drink. Med Sci Sports Exerc
30. Wagenmakers A, Coakley JH, Edwards RHT. Metabolism of branched-chain amino acids and ammonia during exercise: clues from McArdle's disease. Int J Sport Nutr Exerc Metab
31. Warren GL, Lowe DA, Armstrong RB. Measurement tools used in the study of eccentric contraction-induced injury. Sports Med
32. Wilkinson SB, Tarnopolsky MA, MacDonald MJ, MacDonald JR, Armstrong D, Phillips SM. Consumption of fluid skim milk promotes greater muscle protein accretion after resistance exercise than does consumption of an isonitrogenous and isoenergetic soy-protein beverage. Am J Clin Nutr
33. Williams MB, Raven PB, Fogt DL, Ivy JL. Effects of recovery beverages on glycogen
restoration and endurance exercise performance. J Strength Cond Res
Keywords:©2009The American College of Sports Medicine
ENDURANCE PERFORMANCE; GLYCOGEN; SPORTS DRINKS; CYCLING

domain: health


text:
Support community for the victims of narcissistic and psychopathic abuse, resulting in CPTSD and emotional flashbacks, post traumatic embiterment, people pleaser syndrome and codependency. Richard Grannon's unique approach will help you redevelop you
Soul Hazard is a unique RPG where you can be anything and choose anything path! Will you rule the world or protect it?
Home of the Not So Obvious Trainers
The official forum of the GM Zombies (GMZ) Team.
Acesta este forumul guildei Uniqué de pe serverul de wow, Ultimate.
Anphillia is perhaps one of the more unique locations in faerun, located in the sea of swords - almost due west of the city of Neverwinter itself.
Free forum : Tactical Alliance Gaming or TAG, a Call of Duty clan for X360 and PS3 users. Everyone is welcome!
Bid on my unique's here.
Shadow of Mystic Lands is a fantasy role-playing game site. With fantasy creature like werewolves, vampires, shape-shifters, as well as unique creatures.
Marauders Era Alternate Universe RPG, Enter a Universe you have not yet explored. Attend Hogwarts or our very own Unique school, WolfClaw Academy of Magic, Join as an Original Character or Canon Character. Attend Classes, get a job and start working
Unique Priston Tale Guild. oRuthlesSo. uPT unique priston pristontale
An exciting and unique track day experience
Free forum : Team Flash Hackers is a unique hacking team
Unique Naruto RP site and Community
Fudge Promotion offers you quality promotion and advertising- free. Weekly freebies, competitions, forum services, and no restriction rules. We're the first fun promotion forum, EVER.
We are a new Duel academy focusing on bring you the unique duels. Come join if you are looking to make new friends and memorable duel moments!
Free forum : Rule the entire planet, that is ripe for the taking. Take over different areas with nightmare frames, and even warships! ! . Gain a unique geass power that reflects your goal. You can even gain immorality, the possibilities are endless.
Bumps, Babies & Beyond is a unique community for mums & mums-2-be. Offering parenting information, advice and support, activity ideas, chat, competitions & games and much much more.
A unique and rapidly growing virtual airline for Infinite Flight enthusiasts.
This is a Digimon roleplaying forum based in an alternate universe encompassing our own unique ideas and mechanics.
Metro Life Roleplay is SA:MP Roleplay server with very unique feature. MLRP is primarily focused around the fictional city Los Santos.
Exclusively by Unique Roleplay server.
We are a semi-literate to advanced roleplaying site, focusing on wolves and realistic roleplay. Characters will have realistic eye colors and fur, and it is encouraged that you make a character which has a unique appearance with few clichés, as well
The Dogs of War is a U. S. Marine Corps based Forum Role-Playing Game with the aim of providing a unique and realistic role-play experience.
Forum, where you can find all the information regarding the server and anything related to it.
Pokemon Legacies is a Pokemon roleplay forum that's still being developed in order to make it as unique as possible. More description to come later.
Free forum : This is a Naruto RPG Site which allows creativity in a unique new environment which takes place after the Shinobi world has crumbled.
Be Creative, Be Unique, Be One of Us. :: Hide Codes Galore ::

domain: entertainment


text:
Ok, I admit it. I’m a bit of a nerd. I used to LOVE choose-your-own-adventure books as a kid. Nothing was cooler to me than the idea that I could control the narrative. (Admittedly, I also cheated and flipped ahead to make sure my decisions weren’t going to lead to the imminent death of my favorite characters. Sigh, if only we could get those sneak peeks in real life, to see how our decisions will play out!)
Well, I don’t know if choose-your-own-adventure books are now considered passe, but in this digital age, what’s the next best thing? Choose-your-own-adventure VIDEO!
So when Adam Larsen told me he was making a choose-your-own-adventure Lego Batman movie, I was all in. I mean, first of all, Lego, YES, Batman, YES, and choose-your-own-adventure, YES! (Right now I’m slated to play Barbara Gordon, Commissioner Gordon’s wife! How much fun is that?!) Viewers will make decisions at the end of each scene that will change the storyline.
The project could use a little help to get off the ground, though…so if you or anyone you know wants to help fund a super fun indie project, please consider making a small donation at https://www.indiegogo.com/projects/lego-batman-movie-too-choose-batman-s-adventure-video-animation#/.
Thanks for your help and generosity! Let’s support creative people making fun things to entertain us!
About the author: Barbara Quesada is a full-time, non-union voice talent who loves to collaborate with creative people on fun projects. Have something of your own that you’re creating that needs a voice or voices? Contact her at email@example.com today!

domain: hobby


Whole organism performance represents the integration of numerous physiological, morphological, and behavioral traits. How adaptive changes in performance evolve therefore requires an understanding of how selection acts on multiple integrated traits. Two approaches that lend themselves to studying the evolution of performance in natural populations are the use of quantitative genetics models for estimating the strength of selection acting on multiple quantitative traits and ecological genetic comparisons of populations exhibiting phenotypic differences correlated with environmental variation. In both cases, the ultimate goal is to understand how suites of traits and trade-offs between competing functions respond to natural selection. Here we consider how these two complimentary approaches can be applied to study the adaptive evolution of escape performance in fish. We first present an extension of Arnold's (1983) quantitative genetic approach that explicitly considers how trade-offs between different components of performance interact with the underlying genetics. We propose that such a model can reveal the conditions under which multiple selection pressures will cause adaptive change in traits that influence more than one component of fitness. We then review work on the Atlantic silversides and Trinidadian guppies as two case studies where an ecological genetics approach has been successfully applied to evaluate how the evolution of escape performance trades-off with other components of fitness. We conclude with the general lesson that whole organism performance is embedded in a complex phenotype, and that the net outcome of selection acting on different aspects of the organism will often result in a compromise among competing influences.
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Vol. 43 • No. 3


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28 - 29 October 2008
Oiseau solaire, oiseau lunaire, étincelles: one plate (D. 447; see C. books 117)
etching, aquatint and carborundum in colors, 1967, on Arches, signed in pencil, an unnumbered proof apart from the edition of 75 (there was also a signed edition of 25 in Roman numerals), the full sheet, in very good condition
S. 12¼ x 28¼ in. (311 x 718 mm.)
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From time to time, Christie's may offer a lot which it owns in whole or in part. This is such a lot.
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Richard Lloyd explains why the Norwegian master’s printmaking practice was so influential for a mature Warhol
A 1947 portfolio of engravings that the artist considered so important she returned to them late in life
From woodcuts to lithographs and originals vs editions. Illustrated with works offered in Prints and Multiples, 19-20 April in New York
Build your contemporary collection with accessibly priced works by Gerhard Richter, Dan Flavin, Richard Prince, Andy Warhol, Sam Francis and more
Ahead of an online sale that honours their close bond, Meredith Etherington-Smith traces the roots of a 40-year collaboration
Francis Bacon's poignant celebration of George Dyer, the artist's most important subject, will star in Christie’s Post-War and Contemporary Art Evening Sale on 17 May

domain: artistic


text:
Black Metal label from Germany/Austria.
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FAR FROM HOME caps a mammoth movie series while solidifying Holland as the best Web Head.
WARNING: This review contains MILD SPOILERS for AVENGERS: ENDGAME.
By Matt Cummings
If there was any doubt that the Sony/Marvel relationship would come through as a financial windfall for both studios, that worry was shattered with 2018’s AVENGERS: INFINITY WAR. There, freshly-minted Avenger Spider-man played an important emotional role against Tony Stark, and the webslinger’s fate at movie’s end shocked and surprised everyone. Now three films in (has it really been that many already?), it’s a no-brainer that both Tom Holland and Sony/Marvel might be tailor-made for their individual roles. SPIDER-MAN: FAR FROM HOME reveals a hero that’s a better Peter Parker story than a Spider-man one, while also proving that an off-screen relationship must continue.
Deeply affected by the events of ENDGAME but still worried about his future role as an Avenger, Peter Parker (Holland) takes a trip to Europe with his high school friends including MJ (Zendaya) and Ned (Jacob Batalon). But as soon as they arrive in Venice, the city is attacked by a giant water creature representing one of the four natural elements. It’s here that Peter hooks up with the new hero Mysterio (Jake Gyllenhaal), who has battled these creatures on an alternate Earth as well as Nick Fury (Samuel L. Jackson) and Maria Hill (Cobie Smulders), who are convinced that Peter must become a great leader. Burdened with this reality and his growing love for MJ, Peter must decide if he can truly be a friendly neighborhood Spider-man in a world without Iron Man, an off-world Thor, and an elderly Steve Rogers.
After all the seriousness of recent MCU films, FFM is a refreshingly joyous affair that really fares better as a Peter Parker movie than a pure Spider-man one. In fact, from a traditional comic perspective, the action sequences prove that Spider-man is ill-suited to single-battle anyone other low-level Earth villains. How do you throw webbing at water, fire, or any of the other Earthly elements? This has always been the shortcomings of our hero, which makes the success of the human stories all the more important. Director Jon Watts returns to ensure that it’s told in hilarious fashion, cementing Holland’s place as the shy and awkward teen.
Holland’s chemistry resonates with everyone, especially against the dour nature of Fury and the “matter-of-fact” style of Hill. His work with Happy Hogan (Jon Favereau) might represent some of the film’s best scenes. Still reeling from ENDGAME, both are in dark places but Happy’s style (and high tech gadgets) acts as a fatherly role to Parker. Gyllenhaal is also quite good: his mysterious (no pun) background and ulterior motives suit the character actor quite well. The MCU has wanted Gyllenhaal in the mix for quite awhile, and his appearance as Mysterio borrows a bit of Thor, Iron Man and Doctor Strange into a compelling alternative that Parker at first thinks offers the perfect replacement.
But again, we’re here for the relationship stuff (I hate to admit it), and again Holland shines. His scenes with Zendaya and Batalon are hilarious and prove just how much of a geek Parker is. And it’s not just the love story that works: as Parker begins to realize that his hopes to remain a small-town hero are fading, he also learns that he might not have a choice. This is made all the more clear during one of the end credits scenes that might be the best we’ve seen in years. It’s not a useless tag but a preview of what’s to come for Spider-man, and proof that FFM’s success is big for another reason.
The burgeoning relationship between Sony and Marvel has proved both critically and financially successful, and with their contract now completed, it’s hopeful that the two will ink a longer-term deal. With FFM preparing us for what should be an amazing (no pun!) third movie and Phase 4, it’s clear that both need each other. Should Parker suddenly disappear from this universe without good reason, fans will clamor for an explanation, and that won’t be good for either studio. Again, both need and deserve each other, and that’s a good thing.
SPIDER-MAN: FAR FROM HOME isn’t the best Spider-man movie ever (that’s relegated to SM2), but this one does solidify Holland as the best Web Head. Even though the action does continue to minimize our hero, you’ll love the relationships and definitely stick around for two of the best end credit scenes we’ve seen in awhile. FFM should make a ton and prove that a long-term Sony/Marvel relationship is possible and even profitable.
SPIDER-MAN: FAR FROM HOME is rated PG-13 for sci-fi action violence, some language and brief suggestive comments and has a runtime of 129 minutes.


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Two Feet In.
Known for her quirkiness on social media, Mix Fenix has been making buzz on the Internet for jokes. She is not joking this time as she released her new song titled 'Two Feet In'.
Produced by Raymund Marasigan, the track is her first release with Lockdown Entertainment.
She has been doing IG lives on Wednesdays with covers but this time, there's a whole vault of originals to look out for. When we ask her what's different now with her take on music, she answered, "I already found my sound. It's Neo-Blues."
Neo-blues is a modern musical style that incorporates many different influences, including jazz, funk, rock, soul, and even electronic music, while drawing inspiration from traditional blues music. It combines raw instrumentation, expressive vocals, and traditional blues structures with cutting-edge production methods and contemporary elements to create a unique sound. All things considered, neo-blues is a contemporary take on the blues, upholding its core characteristics while welcoming innovation and experimentation.
There's a wide list of neo-blues performers globally but locally, only a few try on this genre. It's her core of authenticity is what is driving Mix to create something out of the ordinary to offer something new for the industry to listen to.
Two Feet In is now out on digital streaming platforms.
On November 18, she will be having a launch event at 123 Block to celebrate the milestone together with Japo vs The French Girl, Gabba, Over October and Keiko Necesario.
Photo by Job Corpuz


An emotional Vice President Joe Biden accused the Republican presidential candidates of “beating” Hispanics with their rhetoric on immigration during a surprise appearance at a fundraiser hosted by the Latino Victory Project political action committee Tuesday night.
Biden, who is closing in on a decision on whether he should run for president, recalled a recent event he held at the vice president’s mansion in honor of Hispanic Heritage Month. The vice president said Latino attendees at the function were hanging their heads as a result of comments made by GOP front-runner Donald Trump and other top Republican candidates.
“People walked in like literally down because of the beating, the beating Hispanics are taking at the hands of the Republican caucus … I mean the Republican presidential race,” Biden said in the video which was obtained by CNN.
“People are depressed. And the message I have for you guys is these guys don’t remotely speak for America,” the vice president continued, waving his arms in front of the crowd at the Latino Victory Project fundraiser. “The American people are so much better. They are so far beyond. They are so, so, so much different than these guys who are appealing to everything from homophobia to this notion of the like know nothing party of the late 1800s.”
Sounding very much like a presidential candidate, Biden touted his past support in Congress for voter registration legislation aimed at getting minorities to the polls.
“Matter of fact I co-sponsored the first motor voter registration bill that passed,” Biden said. The Tuesday night fundraiser was held in support of California Secretary of State Alex Padilla, a Democrat.
Latino Victory Project executive director Cristobal Alex described Biden’s appearance at the event as something of a last-minute surprise, but a welcome one.
“(BIden) did very strongly condemn what the Republicans are doing,” Alex said.
Alex pointed to Trump’s remarks earlier this year labeling Mexican immigrants as “rapists” and criminals as a turning point for the Latino community.
“They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people,” Trump said during his campaign launch.
“We thought the Republicans would take their 2012 autopsies more seriously,” Alex said, a reference to an internal report GOP officials did analyzing the losses of the last presidential election cycle.
The Latino Victory Project PAC has spent money on behalf of both Democratic and Republican candidates according to public records.


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Contrary to expectations of growth slowing after demonetisation, GDP grew at a healthy seven per cent in the third quarter, with both consumption and investments rebounding. Analysts now expect growth to slow down in the fourth quarter, but key economic indicators paint a mixed picture. While, credit growth has plunged, PMI manufacturing and services have rebounded. Similarly cement production has contracted but steel production is robust. And, while two-wheeler sales continue to contract, the pace of contraction has moderated.
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domain: news


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Tampa Bay Buccaneers quarterback Tom Brady didn't sound like himself during a press conference on Thursday.
Brady and the Bucs are gearing up for the New England Patriots in what should be one of the biggest regular-season games in NFL history this Sunday night. No. 12 met with the media on Thursday to discuss Sunday's game.
Right off the bat both fans and reports became confused by Brady's voice, which sounded raspy as if Brady's sick or has been yelling a ton during practices this week.
Take a look.
Brady went onto explain his throat is "more tired" than his arm. It sounds like it might have been a rough week at practice. "My throat's more tired than my arm," Brady said, via
Buccaneers QB @TomBrady on the TB/BB storyline: "I haven't thought too much about it. I'm just gonna try to do what I always do, go be a great quarterback. ... It'll be great to see everybody after the game."
He also sounds REALLY hoarse. "My throat's more tired than my arm."
— Albert Breer (@AlbertBreer) September 30, 2021
">NFL reporter Albert Breer.
Let's hope Tom Brady isn't getting sick. It sounds like he isn't too concerned, though.
Brady is the focal point of Sunday Night Football this week. He's returning to Gillette Stadium for the first time since departing New England and heading to sunny Tampa Bay.
Regardless of the storylines encompassing the massive Week 4 showdown, Brady is trying his best to focus solely on winning a football game.
"I haven't thought too much about it," Brady said regarding the Bill Belichick storyline. "I'm just gonna try to do what I always do, go be a great quarterback. ... It'll be great to see everybody after the game."
Brady and the Buccaneers will take on Belichick and the Patriots this Sunday at 8:20 p.m. ET on NBC.


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(as of Jan 01,2023 12:11:59 UTC – Details)
Destroy the competition with the CYBERPOWERPC Gamer Xtreme VR series of gaming desktops. The Gamer Xtreme VR series features the latest generation of high performance Intel Core processors and ultra-quick DDR RAM to easily handle system-intensive tasks, such as high definition video playback and gaming. Coupled with powerful discreet video cards, the Gamer Xtreme series provides a smooth gaming and multimedia experience.
System: Intel Core i5-11600KF 3.9GHz 6-Core | Intel B560 Chipset | 16GB DDR4 | 500GB PCI-E NVMe SSD | 1TB HDD | Genuine Windows 11 Home 64-bit
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|237 W/m ·K
|(25°C) 23.1 µm·m-1·K-1
Aerospace Industry: Aluminium chips are used in the aerospace industry to manufacture parts for aircraft, such as wings, fuselage, and landing gear. Al alloys are preferred because of their lightweight and corrosion-resistant properties.
Automotive Industry: Al chips are used to make various parts of cars and trucks, such as engine blocks, wheels, and suspension components. Al alloys provide better fuel efficiency due to their lightweight nature.
Packaging Industry: Al chips are used in the packaging industry to make cans, foils, and containers. Al is an excellent barrier to light, moisture, and air, making it ideal for packaging food, beverages, and pharmaceutical products.
Construction Industry: Al chips are used in the construction industry to make frames for windows, doors, and curtain walls. Aluminium is lightweight, strong, and durable, making it a popular choice for building facades and structures.
Electronics Industry: Aluminium chips are used to make heat sinks for electronic devices, such as computers, smartphones, and televisions. Aluminium has excellent thermal conductivity, making it an ideal material for dissipating heat from electronic components.
Marine Industry: Aluminium chips are used to make parts for boats and ships, such as hulls, decks, and masts. Aluminium alloys are lightweight and resistant to corrosion, making them ideal for use in marine environments.
Renewable Energy Industry: Aluminium chips are used to make parts for solar panels and wind turbines. Aluminium is lightweight and durable, making it an ideal material for supporting structures in renewable energy systems.

domain: chemistry


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Carolyn C. ANDERSON et al., Plaintiffs and Appellants, v. CALIFORNIA FACULTY ASSOCIATION et al., Defendants and Respondents.
Appellants are three tenured Humboldt State University professors who were laid off after ten to twenty-two years of teaching. They filed suit against California State University (“CSU”), Humboldt State University, the Trustees of the California State University and various individuals (“the university defendants”) and the California Faculty Association (“CFA”) (an employee organization that represents a system wide unit of faculty employees of the California State University), and five individual union representatives (“the union defendants”).
The basis for the lawsuit against the university defendants is that the layoffs allegedly violated their employment contract. Appellants have alleged the following causes of action against the university defendants: breach of contract, breach of the covenant of good faith and fair dealing, wrongful termination (against CSU only), fraud, negligent misrepresentation of fact, libel and slander (against the individuals only), intentional and negligent infliction of emotional distress, and conspiracy. Appellants also request an injunction prohibiting their layoffs and for the cause to be arbitrated by the union defendants.
The basis for the claim against the union defendants is that they failed or refused to file grievances in response to the layoff notices. While appellants have joined the union defendants in all causes of action except those for wrongful termination and libel and slander, the essence of their claim against the union defendants is the refusal to file grievances in response to the layoff notices, i.e., a breach of the duty of fair representation. (See, Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908, 274 Cal.Rptr. 186 [court may disregard erroneous labels and look to facts alleged when ruling on a demurrer].)
Appellants appeal the judgment of dismissal following an order sustaining a demurrer filed by the union defendants. The basis for the court's ruling was that the Public Employment Relations Board (“PERB”) has exclusive jurisdiction over a claim against a union for breach of the duty of fair representation. Appellants' claims against the university defendants were not affected by the order.
STATEMENT OF FACTS 1
The Allegations against the University Defendants
The university made a series of program changes in the Education Department where appellants were tenured faculty members. The effect of the program changes was to remove certain courses from the Education Department. Rather than reassigning appellants to teach classes they are qualified to teach, the university hired untenured, part-time faculty from outside the university to teach the classes. Appellants were given notices of termination effective the end of the 1991–1992 academic year.
The terms of appellants' employment are governed by a memorandum of understanding (“MOU”) entered into between the Board of Trustees of California State University and the California Faculty Association, the exclusive representative for the bargaining unit including appellants. Appellants are the third party beneficiaries of this agreement. Appellants allege that their termination was in violation of Article 38 of the MOU.
The Allegations against Respondents
Appellants allege that the union representatives breached their duty of fair representation in failing to file grievances based on the university's actions. They claim that the union representatives knew of the MOU violations as early as 1989 but “failed and refused, and continue to fail and refuse, to comply with CFA's duties of fair representation to [appellants]․” After receiving the layoff notices, appellants tried to contact the union representatives for the purpose of filing a grievance based on their wrongful termination but were told that CFA would not process a grievance for them. On November 29, 1991, appellants received an undated general mailing from the CFA president stating that CFA was carrying grievances over recent layoffs of full-time tenured faculty. Appellants made “consistent, continuing efforts to clarify the status of the reassignments and grievance procedures,” and concluded that the institution of formal procedures was “unnecessary, and possibly intrusive, inadequate, futile, or actually harmful.”
On or about February 17, 1992, appellants learned that the union had not filed a grievance on their behalf. Appellants claim that when they learned this there was not enough time to file a formal grievance “in the short time remaining after CFA finally decided to tell us the truth.”
On May 27, 1992, appellants filed grievances on their own.
Appellants' superior court action is characterized in labor law jurisprudence as a “hybrid” case. In other words, they allege a breach of contract by the employer for violating the collective bargaining agreement, coupled with a breach of the duty of fair representation by the union representatives.
As will be more fully discussed below, an employee suing for an employer's breach of a collective bargaining agreement may file in superior court rather than seeking redress before PERB. However, PERB has exclusive jurisdiction to determine unfair labor practice claims, including a union's breach of the duty of fair representation.
At issue here is whether the superior court has jurisdiction over both claims in a hybrid action.
“Over the past 20 years, the California Legislature has enacted a series of legislative measures granting public employees, at both the state and local level, a variety of organizational and negotiating rights somewhat analogous to the rights long afforded most employees in the private sector by the federal labor relation laws of the 1930's.” (Pacific Legal Foundation v. Brown (1981) 29 Cal.3d 168, 173–174, 172 Cal.Rptr. 487, 624 P.2d 1215.)
In 1979, the Legislature added the Higher Education Employer–Employee Relations Act (“HEERA”) which is codified at section 3560 et seq. of the Government Code.2 The Legislature declared that the act was based on the “fundamental interest in the development of harmonious and cooperative labor relations between public institutions of higher education and their employees.” (§ 3560, subd. (a).) HEERA is to be administered by the Public Employment Relations Board (“PERB”). (§ 3563.)
In administering HEERA, PERB has certain rights, powers, duties and responsibilities, including, but not limited to, investigating unfair practice charges, holding hearings, subpoenaing witnesses, administering oaths, taking testimony or deposition of any person, issuing subpoenas duces tecum, and, bringing an action in a court of competent jurisdiction to enforce any of its orders, decisions or rulings. (§ 3563.)
The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of HEERA, is a matter within the exclusive jurisdiction of PERB. (§ 3563.2.)
The union's duty of fair representation is defined in HEERA and the breach of that duty is listed as an unfair practice over which PERB has exclusive jurisdiction. Section 3578 states: “The employee organization recognized or certified as the exclusive representative shall represent all employees in the unit, fairly and impartially. A breach of this duty shall be deemed to have occurred if the employee organization's conduct in representation is arbitrary, discriminatory, or in bad faith.”
Section 3571.1 lists seven unfair practices by the union or employee organization including the failure “to represent fairly and impartially all employees in the unit for which it is the exclusive representative.” (§ 3571.1, subd. (e).)
Because the duty of fair representation is defined in HEERA as an unfair practice claim, PERB has exclusive jurisdiction over any such dispute. (Los Angeles Council of School Nurses v. Los Angeles Unified School Dist. (1980) 113 Cal.App.3d 666, 672, 169 Cal.Rptr. 893.)
In resolving charges of unfair practices, PERB has the power to “order ․ an offending party to cease and desist from the unfair practice and to take such affirmative action, ․ as will effectuate the policies of [HEERA].” (§ 3563.3.)
PERB does not, however, have exclusive jurisdiction over an individual employee's breach of contract claim. (§ 3563.2, subd. (b); Labor Code, § 1126; Fresno Unified School Dist. v. National Education Assn. (1981) 125 Cal.App.3d 259, 177 Cal.Rptr. 888.) Thus, appellants' claim that the university defendants breached the memorandum of understanding in terminating their employment may be brought before PERB or in the superior court.
We are aware of no California case which has decided whether, in a hybrid case, the superior court has jurisdiction over both an employee's claim for breach of contract against an employer and his claim alleging unfair representation by the union. We therefore look for guidance in federal case law construing the National Labor Relations Act (“NLRA”) and California case law construing HEERA on related issues of jurisdiction.
The Garmon Doctrine
In the seminal case of San Diego Unions v. Garmon (1959) 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775, the United States Supreme Court held that when the activity of an employer or employee that a state purports to regulate is arguably protected or prohibited by the NLRA, the state must defer to the exclusive (or “preemptive”) jurisdiction of the National Labor Relations Board (“NLRB”) “if the danger of state interference with national policy is to be averted.” (Id. at p. 245, 79 S.Ct. at p. 780.) The preemption doctrine does not apply, however, to activity that is of “peripheral concern” to the NLRA or “touch[es] interests so deeply rooted in local feeling and responsibility” that it could not be inferred that Congress intended to deprive the states of power to act. (Id. at pp. 243–244, 79 S.Ct. at pp. 778–779.)
Thus, in Linn v. Plant Guard Workers (1966) 383 U.S. 53, 86 S.Ct. 657, 15 L.Ed.2d 582, the Supreme Court held that a federal court had jurisdiction over a libel action where allegedly false and defamatory statements about managers were made in a leaflet distributed by a union, since although the activity was arguably protected under NLRA, such a lawsuit would not interfere with the federal interest of permitting the free, and even heated exchange of ideas during labor disputes. The court concluded that the action involved “ ‘merely [a] peripheral concern’ ” of federal labor law, and that an “ ‘overriding state interest’ ” in protecting its residents from malicious libels should be recognized. (Id. at p. 61, 86 S.Ct. at p. 662.)
Similarly, in Farmer v. Carpenters (1977) 430 U.S. 290, 97 S.Ct. 1056, 51 L.Ed.2d 338, the Supreme Court held that the NLRA does not preempt a local union member's state court action against the union for intentional infliction of emotional distress. In noting that the NLRA does not protect such “outrageous” conduct, the court commented: “Our cases indicate ․ that inflexible application of the [Garmon ] doctrine is to be avoided, especially where the State has a substantial interest in regulation of the conduct at issue and the State's interest is one that does not threaten undue interference with the federal regulatory scheme.” (Id. at p. 302, 97 S.Ct. at p. 1064.)
A Garmon-like principle of preemption applies to potential conflicts of jurisdiction between California courts and agencies such as PERB which have exclusive jurisdiction over unfair practices. (San Diego Teachers Assn. v. Superior Court (1979) 24 Cal.3d 1, 12, 154 Cal.Rptr. 893, 593 P.2d 838.) The San Diego court noted that the aim of the Garmon rule is to “help bring expertise and uniformity to the delicate task of stabilizing labor relations.” (Id. at p. 12, 154 Cal.Rptr. 893, 593 P.2d 838.) In applying the doctrine, the courts “ ‘seek to avoid conflicting adjudications which may interfere with [a labor] board's ability to carry out its statutory role, yet to permit court action when the board cannot provide a full and effective remedy.” (El Rancho Unified School Dist. v. National Education Assn. (1983) 33 Cal.3d 946, 960–961, 192 Cal.Rptr. 123, 663 P.2d 893, quoting Kaplan's Fruit & Produce Co. v. Superior Court (1979) 26 Cal.3d 60, 75, 160 Cal.Rptr. 745, 603 P.2d 1341.)
The Garmon rule has been applied to various California cases involving labor disputes in public education. In all of the following cases the conduct complained of was arguably prohibited by the Education Employment Relations Act (which HEERA was patterned after) and it was held that PERB had exclusive initial jurisdiction to determine whether the conduct was an unfair practice: Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, 151 Cal.Rptr. 724 [school district salary freeze because of lack of salary agreement at start of school year]; Los Angeles Council of School Nurses v. Los Angeles Unified School Dist., supra, 113 Cal.App.3d 666, 169 Cal.Rptr. 893 [provision of collective bargaining agreement alleged to be contrary to Education Code, breach of duty of fair representation by union]; San Diego Teachers Assn. v. Superior Court, supra, 24 Cal.3d 1, 154 Cal.Rptr. 893, 593 P.2d 838 [strike that district sought to enjoin judicially may have been preceded by teachers' unfair practices]; El Rancho Unified School Dist. v. National Education Assn., supra, 33 Cal.3d 946, 192 Cal.Rptr. 123, 663 P.2d 893 [suit for damages arising out of strike]; Fresno Unified School Dist. v. National Education Assn., supra, 125 Cal.App.3d 259, 177 Cal.Rptr. 888 [“nominally tort” causes of action based on potential unfair practices arising out of strike].
At the same time, a principle of concurrent jurisdiction between California courts and PERB has been recognized. In Fresno Unified School Dist. v. National Education Assn., supra, 125 Cal.App.3d 259, 177 Cal.Rptr. 888, the school district filed in superior court alleging conspiracy, interference with contract and breach of contract against the union and teachers for violating a promise not to strike. In holding that PERB and the superior court had concurrent jurisdiction over the breach of contract action, the court relied heavily on California Labor Code section 1126, which pre-dated EERA, and which specifically gives parties to a collective bargaining agreement the right to judicially enforce contract provisions.3
As to the tort causes of action (conspiracy and interference with contract), however, the Fresno court found the activity arguably constituted an unfair labor practice within the exclusive original jurisdiction of PERB. The torts were considered integrally related to a critical labor issue—the right to strike. The court contrasted this with the facts in Farmer v. Carpenters, supra, 430 U.S. 290, 97 S.Ct. 1056, which involved the tort of intentional infliction of emotional distress, a “peripheral concern” to the labor dispute, best left to determination by the local community.
In considering the apparent conflict between the jurisdiction of PERB over unfair practices and the right of the parties to litigate their contractual rights, the Fresno court concluded that an “accommodation” was required. Accordingly, the trial court was directed to stay the contract claim for a reasonable period of time pending PERB's decision on the related nominal “torts.”
The Fresno analysis was reaffirmed in El Rancho Unified School Dist. v. National Education Assn., supra, 33 Cal.3d 946, 192 Cal.Rptr. 123, 663 P.2d 893, in which the court held that civil damage actions arising out of strikes are preempted by PERB while acknowledging that certain types of violent conduct in strikes are permitted to be redressed by court action. (Id. at p. 960, fn. 20, 192 Cal.Rptr. 123, 663 P.2d 893.)
In Rim of the World Teachers Association v. Rim of the World Unified School District (1987) 11 PERC ¶ 18019, PERB concluded that the superior court had concurrent jurisdiction in a libel case involving statements made in a union newsletter concerning the conduct of a school board president during contract negotiations. PERB based the superior court's concurrent jurisdiction on the following: (1) no strike was involved (in contrast with the Fresno, San Diego and El Rancho cases) which would benefit from PERB's special expertise and which could be fully and effectively resolved by PERB; (2) the “nominally tort” causes of action in Fresno were integrally related to critical labor relations issue—the right to strike—unlike the peripheral concerns of intentional infliction of emotional distress (Farmer, supra, 430 U.S. 290, 97 S.Ct. 1056) and the libel cause of action at issue; 3) PERB was unable to provide a full and effective remedy, i.e. an award of money damages; and, (4) there was some support in the case law for concurrent jurisdiction in libel cases (Hotel & Restaurant Employees etc. Union v. Anaheim Operating, Inc. (1978) 82 Cal.App.3d 737, 147 Cal.Rptr. 510, cert. den., 440 U.S. 914, 99 S.Ct. 1230, 59 L.Ed.2d 464 (1979)).
Hybrid Case Jurisdiction
Appellants place substantial reliance on Vaca v. Sipes (1967) 386 U.S. 171, 87 S.Ct. 903, 17 L.Ed.2d 842. In Vaca, the union member sued in state court alleging wrongful discharge by his employer in violation of the collective bargaining agreement and the union's arbitrary refusal to take his grievance to arbitration. The Supreme Court upheld the state court's exercise of jurisdiction over both claims against the challenge that the alleged conduct of the union was arguably an unfair labor practice, and therefore within the exclusive jurisdiction of the NLRB.
These procedural similarities, however, do not justify the application of Vaca to this case. Here we consider the preemptive effect of a state statute on the exercise of state court jurisdiction. By contrast, Vaca considered the preemption of state court jurisdiction by the NLRB. Also, the Vaca court noted specific congressional exceptions to the NLRB's exclusive jurisdiction (for example, sections 301 and 303 of the NLRA) and exceptions for activities “merely peripheral” to the concerns of the NLRA, concluding that the preemption doctrine “has never been rigidly applied to cases where it could not fairly be inferred that Congress intended exclusive jurisdiction to lie with the NLRB.” (Vaca v. Sipes, supra, 386 U.S. at pp. 179–180, 87 S.Ct. at p. 911, emphasis added.) Moreover, in Vaca, the statutory scheme did not recognize the right to fair representation, or the proper forum for determination of a claimed breach of that duty.
Here, that legislative intent is clearly expressed. Section 3541.5 specifically provides “[t]he initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board.”
Appropriately, Los Angeles Council of School Nurses v. Los Angeles Unified School Dist., supra, 113 Cal.App.3d 666, 169 Cal.Rptr. 893, found that section 3541.5 accords to PERB exclusive jurisdiction for the resolution of disputes “which arguably could constitute an unfair practice claim,” including unfair representation claims. (Id. at p. 672, 169 Cal.Rptr. 893.)
It is apparent, moreover, that the private sector context in which Vaca was decided substantially limits its application to the instant case. In Karahalios v. Federal Employees (1989) 489 U.S. 527, 109 S.Ct. 1282, 103 L.Ed.2d 539, for example, the United States Supreme Court reviewed the Vaca decision in the federal public sector context. Karahalios concerned Title VII of the Civil Service Reform Act (CSRA), which provides (1) that a union accorded exclusive bargaining rights “․ is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership” and (2) that a breach of the duty of fair representation is an unfair labor practice. (5 U.S.C. §§ 7114(a)(1), 7116(b)(8).)
As here, the Karahalios court considered a comprehensive statutory scheme for the resolution of public sector labor disputes, noting that exclusive enforcement authority resided with the Federal Labor Relations Authority (FLRA) and concluding that there was no express nor implied basis for determining that Congress “intended to furnish a parallel remedy in a federal district court to enforce the duty of fair representation.” (Karahalios v. Federal Employees, supra, 489 U.S. at p. 532, 109 S.Ct. at p. 1286.)
As here, the petitioners in Karahalios relied upon Vaca, urging that Title VII “was modeled after the NLRA” and that a private cause of action to enforce the duty of fair representation was therefore “implicit” in the CSRA. The Karahalios court rejected this argument. “In the first place, Title VII is not a carbon copy of the NLRA, nor is the authority of the FLRA the same as that of the NLRB. The NLRA, like the RLA, did not expressly make a breach of the duty of fair representation an unfair labor practice and did not expressly provide for the enforcement of such a duty by the NLRB. That duty was implied by the Court because members of bargaining units were forced to accept unions as their exclusive bargaining agents. Because employees had no administrative remedy for a breach of the duty, we recognized a judicial cause of action on behalf of the employee. This occurred both under the RLA, Steele v. Louisville & Nashville R. Co. [ (1944), 323 U.S. 192 [65 S.Ct. 226, 89 L.Ed. 173]]; Trainmen v. Howard, 343 U.S. 768, 72 S.Ct. 1022, 96 L.Ed. 1283 (1952), and also under the LMRA, Syres v. Oil Workers, 350 U.S. 892, 76 S.Ct. 152, 100 L.Ed. 785 (1955); Vaca v. Sipes, supra. Very dissimilarly, Title VII of the CSRA not only expressly recognizes the fair representation duty but also provides for its administrative enforcement.” (Karahalios v. Federal Employees, supra, 489 U.S. at p. 534, 109 S.Ct. at pp. 1287–1288.)
As in Karahalios, we are guided by the legislative intent of a comprehensive statutory scheme. We accede to the “ ‘elemental canon’ of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.” (Karahalios v. Federal Employees, supra, 489 U.S. at p. 533, 109 S.Ct. at pp. 1286–1287.)
We perceive nothing in HEERA or the legislative history that suggests an implicit grant of jurisdiction to the state courts over a union's alleged unlawful labor practice merely because the aggrieved employee has chosen state court action to enforce his employment contract.
Beyond these concerns of statutory interpretation, we conclude that there is a sound basis in public policy for committing the determination of fair representation claims to the exclusive jurisdiction of PERB. Appellants' complaints against the union are not peripheral to the concerns of HEERA but rather go to the heart of the statutory scheme. The appropriate administration of employee grievances is central to effective labor management relations. The claims here are simply not analogous to those causes of action, like libel, intentional infliction of emotional distress, or assault, which have an impact on the community in ways which are not intrinsically related to labor management issues.
Further, it is apparent that the resolution of fair representation issues is a familiar task for PERB and one to which is brought a particularized expertise not found in the superior court. Upon an examination of the cases decided by PERB and reported in the California Public Employee Reporter in 1992, of 173 cases, 18 involved the duty of fair representation. In 1993, of 175 cases reported, 19 adjudicated fair representation issues. We conclude that PERB, rather than superior court, has more substantial experience in the adjudication of fair representation issues, and that no overriding state interests compel the ceding of jurisdiction to the superior court.
The Vaca court expressed justifiable concern about those instances in which virtually identical evidence would need to be adduced in separate forums. Here, the essence of appellants' case is the breach of contract and related torts by the university defendants. Appellants' central objectives are the return to their employment and the recoupment of lost wages. In superior court, appellants will prevail or not without regard to whether the unions negligently or purposefully declined to “carry their grievance.”
In our view, the evidence pertaining to unfair representation will be substantially different from that pertaining to the other causes of action. We perceive no appreciable duplication of evidence in the respective forums.
Moreover, as noted in Vaca, any damages attributable to an employer's breach of contract are properly recoverable solely from the employer. “It could be a real hardship on the union to pay these damages, even if the union were given a right of indemnification․” (Vaca v. Sipes, supra, 386 U.S. at p. 197, 87 S.Ct. at p. 920.)
Similarly, it is premature to suppose that PERB will be unable to fashion a full and effective remedy as to a union's breach of the duty of fair representation. In San Francisco Classroom Teachers Association v. Brammell (1984) 8 PERC ¶ 15215, p. 990, an athletic coach was discharged from employment. The union filed a grievance and represented the employee at the first level conference with the school principal. Thereafter, the union not only missed the filing deadline for the second step of the procedure, but also failed to seek an extension notwithstanding specific assurances that it would do so. Later, the union wrote to the District objecting to the manner in which a replacement coach had been hired, but did not initiate a formal grievance. PERB considered the “cumulative” derelictions of the union and held that “․ in their totality, the Association's actions present a pattern demonstrating, at a minimum, an arbitrary failure to fairly represent Brammell in his employment relationship with the District.” (Id. at p. 992.)
As in Link v. Antioch Unified School Dist. (1983) 142 Cal.App.3d 765, 769, 191 Cal.Rptr. 264, “[p]laintiffs contend that the PERB remedy is unsatisfactory or otherwise unworkable. We decline to speculate whether further judicial relief will be necessary or to what extent. Where, as here, an administrative remedy has been created, it must be exhausted despite plaintiffs' predictions. [Citations.]”
Further, we note the appellants have filed a grievance with the university specifically addressing those modifications in teacher qualifications which have precluded them from employment. In light of appellants' right to file a grievance under the terms of the MOU, it is difficult to imagine what damages an individual would suffer due to the union's breach which PERB could not adequately address. Therefore, appellants have been afforded adequate safeguards for the protection of their individual rights.
Further, as noted in Vaca, supra: “Though we accept the proposition that a union may not arbitrarily ignore a meritorious grievance or process it in perfunctory fashion, we do not agree that the individual employee has an absolute right to have his grievance taken to arbitration․ [¶] If the individual employee could compel arbitration of his grievance regardless of its merit, the settlement machinery provided by the contract would be substantially undermined․ Nor do we see substantial danger to the interests of the individual employee if his statutory agent is given the contractual power honestly and in good faith to settle grievances short of arbitration.” (Vaca v. Sipes, supra, 386 U.S. at pp. 191–192, 87 S.Ct. at pp. 917–918.)
Fair representation cases determined by PERB regularly turn on whether the union has made an honest, reasonable determination that a grievance lacks merit. Significantly, however, PERB may consider an individual grievance in the context of potentially competing interests of other employees, and in the context of the best interests of the bargaining unit as a whole. (Winograd, California Public Employees and the Developing Duty of Fair Representation, 9 Indust.Rel.L.J. (1987) 410, 418–420.)
In Castro Valley Teachers Association (McElwain) v. Lois, et al. (1981) 5 PERC ¶ 12006, two teachers charged that the employer denied transfers based on seniority after negotiating a new transfer policy to implement a school reorganization plan. A PERB hearing officer found in favor of the grievants on the ground that the organization had not considered their individual cases when it declined to pursue grievances. PERB reversed, finding that the union had effectively considered the merits in a non-arbitrary, rational fashion by placing the claim in an overall, unit-wide context, concluding that success at arbitration would disrupt existing assignments and spark divisiveness among employees.
It is apparent that PERB has been accorded flexibility in considering fair representation cases that is beyond the ordinary reach of superior court jurisdiction. In superior court, the trier of fact is limited to consideration of the rights and obligations of the named litigants to the exclusion of the interests of other parties. Artful pleading can determine the scope of inquiry and the nature of the available relief. In our view, the administrative scope of a PERB proceeding is considerably less constrained and affords the potential for a realistic balancing of individual and collective interests from within the bargaining unit.
We conclude that neither the language, nor the comprehensive structure of HEERA demonstrates any legislative intent to permit direct judicial enforcement of the union's duty of fair representation in hybrid cases. The coincidence that superior court jurisdiction appropriately has been invoked to enforce the terms of the collective bargaining agreement affords insufficient reason to deprive PERB of its mandated responsibility for adjudicating claims of unfair labor practices alleged against a union.4
The judgment is affirmed.
1. On appeal from a judgment of dismissal after a demurrer is sustained, we assume the truth of all facts properly pleaded by appellants. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58.)
2. All further statutory references are to the Government Code unless otherwise indicated.
3. Labor Code section 1126 states: “Any collective bargaining agreement between an employer and a labor organization shall be enforceable at law or in equity, and a breach of such collective bargaining agreement by any party thereto shall be subject to the same remedies, including injunctive relief, as are available on other contracts in the courts of this State.”
4. Appellants also argue that respondents are estopped from defending on the ground of lack of subject matter jurisdiction because of appellants' reliance on a general mailing which indicated that the union would be carrying grievances on behalf of all laid off teachers. The doctrine of estoppel may not be invoked to cure a court's lack of subject matter jurisdiction. (Summers v. Superior Court (1959) 53 Cal.2d 295, 298, 1 Cal.Rptr. 324, 347 P.2d 668; Public Employment Relations Bd. v. Modesto City Schools Dist. (1982) 136 Cal.App.3d 881, 890, 186 Cal.Rptr. 634.)
HODGE,* Associate Justice. FN* Assigned by the Chairman of the Judicial Council.
KLINE, P.J., and PHELAN, J., concur.

domain: law


text:
“People are leaving Haiti as if their lives depend on it,” wrote Emmanuela Douyon, a Haitian activist and policy analyst now based in Boston, in July. Under de facto Prime Minister Ariel Henry, the security situation in Haiti is rapidly deteriorating. Politically-connected gang violence has forced the internal displacement of more than 165,000 people and caused a humanitarian crisis. It has also contributed to Haitians’ decisions to seek safety elsewhere. In response to an increase in emigration, governments across the Western Hemisphere are shutting their borders. For those who succeed in migrating, they often trade gang violence and a climate of fear for a life constrained by racism and xenophobia. The anti-Black racism that Haitian migrants have faced at every point knows no borders; the advocacy needed to combat it cannot afford to, either.
Examples of the region’s clamping down of borders abound. They include the U.S. government effort to ban asylum, the closure of the U.S.-Canada land border to asylum-seekers, and the joint U.S-Colombia-Panama 60-day militarization campaign aimed at “ending the illicit movement of people in the Darién [Gap],” the land bridge connecting North and South America, by increasing the presence of officers and turning back migrants. Although a U.S. humanitarian parole program announced in January includes Haitian nationals, it preferences the privileged: those who apply must already have passports and name U.S.-based sponsors, requirements that are out of reach for many Haitians. The United States and many countries in the region have collaborated to restrict the routes which less privileged Haitian migrants take.
The Haitian people who manage to enter other countries despite attempts to militarize borders and block access to ports of entry are often met with anti-Black racism. In the fall of 2021, this racism was televised at the U.S.-Mexico border, when more than 14,000 Haitian asylum-seekers arrived in Del Rio, Texas, some of them facing violence and threats of whipping at the hands of U.S. border patrol officers. More than 17,000 were deported over the following six months. While that incident briefly broke into the news cycle, discrimination has quietly—and not so quietly—stalked Haitian migrants throughout their journeys for the past decade. They’ve experienced racist immigration policies, discrimination in the workplace and hospitals, physical abuse by immigration agents, and sexual violence on the migrant trail.
Because this discrimination has pervaded the experience and lives of Haitian migrants regardless of their destination, new solutions and avenues of advocacy are needed. For this reason, the Hemispheric Network for Haitian Migrants’ Rights was launched in May 2023 to support the work of Haitian leaders and advocates, pool much needed resources, and demand the humane treatment of Haitian people in a time of acute crisis.
Racist immigration policies aimed at Haitians are not new. In the early 1980s, Haitian immigrants were the first to be mandatorily detained in U.S. immigration prisons. A decade later, when Haitian people were baselessly blamed for the spread of HIV, the Coast Guard intercepted Haitian asylum-seekers at sea and detained them at Guantánamo Bay, repatriating most but holding those who were HIV-positive. What is new is the geographic spread of Haitian immigrants throughout the hemisphere, and with it, new iterations of anti-Blackness.
Before 2010, most Haitian migrants landed in the United States, Canada, and the Dominican Republic. Since the devastating 2010 earthquake, more than half a million Haitians have left their country, with an estimated 300,000 settling in Latin America. Subsequently, in response to limited access to economic opportunities as well as racism, tens of thousands of Haitian people left where they had settled in Latin America to travel by boat, bus, and foot to reach the U.S.-Mexico border. Thousands are currently stuck in Mexico, waiting for permission to present themselves at a point of entry.
The Need for Regional Organizing
Countries in the Western Hemisphere are failing to respect the rights of Haitian people or treat them with dignity. Once Haitian migrants land in new countries, governments provide them with few rights and few legal pathways to legal residence, and our research shows that many international NGOs and service providers are not reaching Haitian migrant populations. Although Haitians make up a significant proportion of migrants in numerous Latin American countries, they face restrictive (im)migration policies that prevent status regularization, as well as linguistic barriers and anti-Black racism that compound the impact of these policies.
For many migrants, Haitian diaspora organizations provide the only safe space. Often with limited resources, Haitian-led organizations provide services, support, and advocate for the rights of their own communities. When immigrants with no in-country ties are stranded, hospitalized, or die, these organizations provide aid, contact family members, make funeral arrangements, and show up in solidarity. When governments prevent families from reuniting or when immigration enforcement includes extreme measures—like Dominican authorities targeting Haitian women in hospital maternity wards for detention and deportation—they’re often the first ones to sound the alarm. Their leadership is critical. Haitian migrant leaders should be the ones shaping the narrative about their experiences in transit and while they struggle to make a life in their destination countries.
Hemisphere-wide discrimination can only be challenged and overcome with hemisphere-wide solidarity. This past spring the Global Justice Clinic (GJC), a human rights clinic at New York University’s School of Law, collaborated with the Haiti-based Interuniversity Institute for Research and Development (INURED), a member of the Migration for Development and Equality Hub, to identify gaps and needed services for Haitian migrants in the region. The team interviewed nineteen migrant-serving organizations in Chile, Colombia, and Panamá, most of whom reported that they did not provide services to Haitian migrants. In response to these interviews and months of consultations with Haitian activists and migrant rights leaders, the Hemispheric Network for Haitian Migrants’ Rights was launched. The Network serves to link these leaders and Haitian migrant-serving institutions together across borders in order to advocate for the rights of community members that are in desperate need of protection. The collaborative work of the Network has shown that while Haitian migrants are visible targets for discrimination, they are too often invisible to service providers.
“Haitians are pushed out of Chile and forced to travel through the Darién Gap because of the lack of opportunities to regularize their status as compared to other migrants,” says Michel-Ange Joseph, a Haitian activist based in Chile and Director of the Legal and Social Sciences Research Conclave Foundation (Fundación CIJYS). Joseph notes that additional obstacles faced by Haitians in Chile include “the absence of Kreyòl interpretation for service providers and racism, especially towards Haitian workers and children.” Structural exclusion leads directly, therefore, to continued and repeat migration.
The Importance of Haitian-led Advocacy
One barrier to addressing anti-Black racism is the reluctance to admit or name it. For example, three interviewed migrant service providers stated that racism is not an issue because their countries are racially mixed, three mentioned that only aporophobia (the fear of the poor) is an issue, and seven explained that both operate in tandem. A Latin American ideology of mestizaje (racial mixture) may be a vision of racial harmony for some, but in reality, such a narrative minimizes the region’s legacies of colonization and slavery, often negating Afro-Latinidad and shielding against accusations of racism. The construction of race in Latin American countries that both welcomes racial mixture and permits anti-Blackness complicates how governments and service providers treat Haitians. In short, while these organizations debate the existence of racism in their countries, Haitians are directly experiencing the everyday reality of racism.
Two shifts need to occur. First, Haitian-led organizations must receive the resources they need to provide care to their people and spearhead advocacy efforts—they are best situated to do so. Second, in turn, these leaders can guide the more established and often better resourced service providers as they aim to include Haitian migrants and provide aid, in Haitian Kreyòl, recognizing the unique vulnerabilities and human rights violations that they face.
The Hemispheric Network can advocate for how existing migration protections can be extended to Haitian migrants. For example, the Colombian government has created several programs specifically for Venezuelans that permit status regularization and economic inclusion, such as the Special Permanence Permit (PEP) and, more recently, the Permit for Temporary Protection (PPT). Interviewees suggested that the Colombian government extend its PPT program, which has been characterized as a “remarkable model” by other governments, to Haitian migrants, who are similarly situated.
As one organization interviewed by the GJC and INURED noted: “Additional migration services, through laws and clinical programs, were created in response to Colombia receiving the largest number of people fleeing Venezuela’s humanitarian crisis.” Another organization—the names of which are not identified here due to informed consent agreements—highlighted the selective nature of these services: “We receive international financing, including from the United States, to work exclusively with Venezuelan migrants.” Yet, in January and February 2023, Haitians made up over a third of the migrants who crossed the Darién Gap. This increase, and the broadly recognized humanitarian crisis in Haiti, have not led to increased migrant protections.
Rather than provide specific protections to Haitian migrants, the governments of Colombia, Panamá, and the United States have joined forces—literally—to militarize the Darién Gap in an effort to deter migrants from going north. They call this the 60-day campaign. It is an example of how the United States externalizes its border and exports draconian immigration policies, rather than acknowledge its historic debt to Haiti and claim accountability for occupying, exploiting, excluding, and intervening in the affairs of the first independent Black republic for centuries. It is a debt shared with Canada, France, and other powerful countries.
One thing is clear: there are insufficient resources for Haitian migrants, in transit or settled, as they seek safety across the hemisphere. The hemisphere-wide coalition of Haitian leaders is an important first step, and a space for collective power building. The GJC has begun hosting gatherings that facilitate cross-border connections between advocates and mechanisms of transnational advocacy. It is partnering with Network members to pursue avenues of strategic advocacy before national, regional, and international bodies, collectively making demands that confront the anti-Black and anti-migrant policies that Haitian diaspora communities face across the region.
Change is possible—this hemispheric-wide moral failure cannot remain the status quo. The Hemispheric Network is one place for those affected by anti-Black and anti-Haitian discrimination to join forces, envision a new reality where Haitians are welcomed with respect for their rights and dignity, and implement change for Haitian migrants. It is past time for allies, funders, and governments to recognize that those most directly affected are the ones whose leadership and perspectives should be the most valued and followed—this Network provides them with an opportunity to do just that.
Gabrielle Apollon is a human rights attorney and Director of the “Rights without Borders: Haitian Immigrant Rights Project” at NYU School of Law’s Global Justice Clinic. She is Haitian-Canadian and a former immigration attorney.
Alejandra Torres is a 2022-2023 Masiyiwa-Bernstein Fellow with NYU Law’s Global Justice Clinic and a 2023-2024 Tuttleman Fellow with NYU Law’s Robert and Helen Bernstein Institute for Human Rights. She graduated from NYU School of Law in 2022.

domain: sociology


text:
On this first day in Kyiv I want to see the river, and I’ll need a coffee quite soon and then some breakfast. I walk for what seems miles and miles. I buy a coffee from a kiosk and find a bridge across the Dnieper and pass a half built bridge, rusting away, going nowhere fast1.
I find, and eat, delicious potato pancakes at Druzi (the smoothies are rather good as well), and admire churches and cathedrals. I walk through Podil, down cobbled streets, Kyiv is built on hills2, I never knew. The city bustles around me as I wander aimlessly, following my nose3.
Returning to the flat I take a nap and dream of bridges. I wake refreshed and ready for the evening. I grab a coffee at the Golden Gate and wait out a sudden rain shower.
I walk to the Klaipeda ‘gastro bar’ to meet my friend Sergii. He’s not there. Text messages pass between us, he’s at the other branch of the bar, across town! Never mind, he says, I’ll come to you. We arrange to meet in a the ‘Craft v Pub’ bar on the corner. Sergii joins me, we have a drink and then walk back to the Klaipeda but there are no tables free.
Sergii phones the other Klaipeda (the one across town we were supposed to meet up in originally) and they do have tables, Sergii books one. We take the metro up to the other Klaipeda (exciting!), find the bar and settle in for a slap-up meal and an uncertain number of beers from Latvia.
Sergii walks me back to my flat. A glorious night.
Footnotes and further reading
|I was later told that the bridge was a pet project of an oligarch, I can’t remember the details but it involved missing monies and corruption, as you might guess.
|For some odd reason I had imagined Kyiv to be flat but, as with Rome, it’s a city defined by its hills
|‘Psychogeography‘, if you want to get all Situational about it

domain: literature