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Kaiser/AFGE Partnership
    News for Dec 16, 2015

    FYI. Please share. The attorney received a thumb drive with the decision. The decision is 685 pages long. As I have indicated through the course of this process, the arbitrator has the option to order payment on some or all claims, deny payment on some or all claims, or order hearings on some or all claims. The attorney will need approximately two weeks to complete her review. Then we will notify people of the decision in their individual cases and what the attorney feels are the appropriate steps. We will keep you posted. Council President Gabrielle Martin

    News for Nov 21

    The arbitrator advised us that he expects to report in the first quarter of 2015.
    Per the arbitrator:
    " this will consist of identifying those claims that, based on the submissions, either are deemed without merit or deserve payment (whether the amount requested or some other amount), as well as those that may need final resolution through the hearing process."
    We will keep you posted.

Date: Thu, 6 Jun 2013

At this point, if you have filed a claim, it is before the Arbitrator. There will be a decision on your claim. However, as usual, when it is close to the deadline, we get some delay activity from the agency. Here is the latest and I can't say it makes any sense, because why would you need additional time to file objections if you already reviewed the materials and decided your objections. In any event, following is the text of the arbitrator's decision which gives the agency until August 9, 2013 to file any objections. As started before, if there is an objection to your claim you will be notified by the attorney and we will work with you through that process.

"Ms. Hutchinson, Mr. Hegy & Mr. Sherlock-

I have reviewed my notes of our January 30, 2013 conference call on this subject, as well as both parties' recent submissions. I conclude that the following are the time periods to be observed, based on my determination of what the parties and I discussed during the January 30, 2013 conference call:

The parties agreed that March 12, 2013 was the date of delivery to the parties by Rust Consulting of the working claims database. The parties further agreed that the parties will have ninety (90) days after March 12, 2013, or by June 10, 2013, to review the claims forms. The Agency will then have sixty (60) days within which to file objections or agree to pay claims, or by August 9, 2013. The Union will then have forty-five (45) days, or until September 23, 2013, within which to respond to any such Agency objections.

The above does not include a 30-day period that had been requested by the Agency for the parties to attempt settlement of some claims, a request opposed by the Union.

Steven Wolf"

Date: Thu, 31 Jan 2013 18:27:28 -0500

On January 30, 2013, Arbitrator Wolf conducted a hearing with the EEOC and the Union regarding the EEOC's efforts to re-argue who is covered by the overtime violation decision and the process for reviewing the claims that have been submitted.

It was somewhat of a surprise that all parties agreed that there still was a problem with the data base . Both the Union and EEOC advised the Arbitrator that the contractor had been contacted about the continuing problems and indicated that the corrections were identified and are to be made and delivered to the parties by Friday, February 1, 2013. The Union and the EEOC agreed to have a session with the contractor next week to ensure that the data base they receive contains what it should contain and that the links between the individual's claims and the supporting documentation for the claim are working.

It was no surprise that the agency attempted, once again, to delay the process. The Union reminded the arbitrator that the claims have been submitted and that the EEOC, not the Union, will pay the claims. Despite that reality, the agency proposed having the Union review the claims to determine which the Union would settle. As the Union cannot settle any individual claims, the Union again urged Arbitrator Wolf to set a time frame when the claims disputed by the EEOC must be received by him for further action, to include conducting a hearing.

The Arbitrator's Decision:
The Arbitrator gave the parties 90 days following the date that they agree that they have the correct working database for EEOC to submit claims it disputes to the Arbitrator. (The EEOC indicated it will dispute almost all of the claims, especially those claims over $50,000 and all claims involving flexible schedules or concerning issues with compensatory claims. Likely, there EEOC will dispute claims on other bases, as well.) Then the Union will have 45 days to submit any response. The Arbitrator will then rule on the disputed claims, and may conduct hearings. As indicated in the past, any individual whose claim is disputed will be notified by the Union's attorney. We do not know how long the arbitrator will take to issue decisions on the disputed claims once he receives them.

As always, if you know of someone who left the agency please forward to them. My request is that they send me a current e-mail address so I can keep them included.

PRESIDENT: Regina Andrew has been elected by acclamtion for this office.

1ST VICE PRESIDENT: Brenda Hester has been elected by acclamation for this office.

TREASURER: David Norkin has been elected by acclamation for this office.

RECORDING SECRETARY: No candidate was nominated; position is vacant. Vacancies will be appointed by the newly elected president with approval of the executive board.

Baltimore Field Office, Philadelphia District Office, Richmond Local Office and Washington Field Office: No candidate was nominated; positions are vacant. Vacancies will be appointed by the newly elected president with approval of the executive board.

PITTSBURG AREA OFFICE: Lisa Hernandez has been elected by acclamation for this office.

NORFOLK LOCAL OFFICE: Art Scholtz has been elected by acclamation for this office.

DELEGATE: No candiate was nominated; position is vacant. Vacancies will be appointed by the newly elected president with approval of the executive board.

ALTERNATE DELEGATE: Brenda Hester has been elected by acclamation for this office.