WEBVTT

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>> MOVING ON.

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>> I AGREE WITH STAFF'S RECOMMENDATION.
>> COMMISSIONER ALVAREZ?

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>> I AGREE WITH STAFF'S RECOMMENDATION.
>> AND MR. CHAIRMAN?

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>> I AGREE WITH STAFF'S RECOMMENDATION.
>> SECOND CASE: {READING DOCUMENT}. (TOO FAST TO

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CAPTION)

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>> THANK YOU, THAT WAS THE LAST CASE ON DOCKET 17.

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>> ALL RIGHT
>> AND WE MOVE TO AGENDA ITEM, FIVE. WE HAVE NO

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HOUSING CASES, ON ITEM FIVE; IS THAT CORRECT?

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>> YES, SIR, THAT'S CORRECT.
>> WE MOVE ON TO ITEM, SIX. WE DON'T HAVE ANY FOR

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ADDITIONAL DISCUSSION ON DOCKET 16 OR 17; IS THAT

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CORRECT?
>> YES, SIR. THAT'S CORRECT.
>> THE CASE ON DOCKET 17 IS CASE NUMBER, 10 -- LET ME

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START OVER, I'M SORRY. {READING DOCUMENT}.(TOO FAST TO

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CAPTION)
>> ALTHOUGH THE EMPLOYER AGREED TO, AND FOLLOWING THE

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COURT DATE, SOME OF IT WAS DONE OUT OF GOODWILL AND BAD

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AUDIO. STAND BY.
>> ACCORDINGLY, WE SHOULD MODIFY THE A T DECISION AS

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RECOMMENDED. THE EMPLOYER HAD GOOD CAUSE TO MISS THE

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HEARING. THE CLAIM ANT IS NOT ENTITLED TO ADDITIONAL

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WAGES.
>> MR. CHAIRMAN?

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>> AFFIRMATIVE. ESTABLISHING A GOOD CAUSE. {READING

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DOCUMENT}. (TOO FAST TO CAPTION)
>> THANK YOU.

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>> I HAVE A SHORT FORM DECENT.

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>> THAT WAS THE LAST CASE PULLED FOR THE WAGE CLAIM

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CASES. YOU SHOULD ALREADY HAVE RECEIVED THE SHORT FORM

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DECENT FOR WAGE CLAIMS ON DOCKET 16 AND 17.

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>> I MOVE FOR STAFF'S RECOMMENDATION FOR THE DOCKETS,

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16 AND 17.
>> I SECOND THE MOTION, EXCEPT FOR THE CASES OF WHICH

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I'M DISSENTING FOR DOCKET 16 AND 17.

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>> I CONCUR FOR THE CASES, SHORT FORM, 16, AND 17.

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>> THE MOTION PASSES WITH THE EXCEPTIONS THAT ARE

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NOTED.
>> THANK YOU, SIR.

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>> AGENDA, ITEM, 7: (READING DOCUMENT) (TOO FAST TO

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CAPTION)
>> ON DOCKET, 16, YOU CAN PROCEED WHEN YOU'RE READY.

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>> BEGINNING WITH, CASE, 244, 1264 ALVAREZ.

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>> THE CLAIM ANT WAS LET GO FOR HER JOB. BECAUSE SHE

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WAS ABSENT FROM HER JOB, TO ASSIST HER DAUGHTER ON A

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FAMILY EMERGENCY. UNDER SECTION, 21, 11 MOUNTAIN 1 OF

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THE ACT. TEMPORARY EMPLOYEES, SEND{READING DOCUMENT}.

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SEASONAL WORK LOADS OR OTHER SIMILAR WORK SITUATIONS.

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GIVEN THE LENGTH OF ASSIGNMENT, THIS AGREEMENT WAS NOT

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TAMPERING IN NATURE, SECTION, 207, ZERO.FIVE OF THE ACT

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SHOULD NOT BE APPLIED. THE EMPLOYER CLAIMED THAT THE

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CLAIM ANT WAS LET GO DUE TO THE ABSENTEEISM. THE

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EMPLOYER DID NOT MEET THE BURDEN TO ESTABLISH THE

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MISCONDUCT WITH THE CONNECTION OF THE WORK:

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>> IT SHOULD BE AFFIRMED. THE CLAIM ANT DID NOT

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CONTACT THE EMPLOYER -- WE SHOULD AFFIRM THE VOLUNTARY

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LEAVING, NO, CHARGE BACK.
>> AFFIRM THE A T NO CHARGE BACK.

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>> SHORT FORM, DECENT.
>> I HAVE A SHORT FORM DECENT FOR COMMISSIONER

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ALAVAREZ.
>> NEXT CASE, 245, 2145. ALVAREZALVAREZ.

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>> HIS APPEAL WAS NOT TIMELY, AND WE SHOULD AFFIRM THE

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A T'S DECISION. THE CLAIMANT FILED A LATE APPEAL,

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THROUGH, AUGUST, THIRD, 2019 OVER PAYMENT OF 507

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DOLLARS.

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>> {READING DOCUMENT}.(TOO FAST TO CAPTION)
>> SHORT FORM DECENT.

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>> I HAVE A SHORT FORM DECENT.
>> NEXT CASE. COMMISSIONER, *DEMERSON?

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>> {READING DOCUMENT}. (TOO FAST TO CAPTION) THE
CLAIMANT ADMITTED THAT HE WAS NOT LOOKING AT WHAT WAS

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GOING ON BEHIND HIM. AS A RESULT, HE HIT THE CLIENT'S

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GARAGE DOOR. THIS IS NOT CONSISTENT WITH WORKING TO

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ONE'S BEST ABILITY. THE ABILITY TO KEEPING A LOOK OUT

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IS SO STRAIGHT FORWARD, THAT THE CLAIMANT'S WORK

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CONDUCT -- FOR PRIOR INFRACTION THAT THE GARAGE DOOR WAS

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DAMAGED DOES NOT MAKE A SEPARATION OF ONE OF CONVENIENCE

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OR A LESS CONDUCT LEVEL EVENT. WE SHOULD REVERSE THE

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CONDITION, AND NO --{READING DOCUMENT}.(TOO FAST TO

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CAPTION)
>> THE DECISION SHOULD BE AFFIRMED. THE EMPLOYER HAD

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A DISCIPLINARY POLICY. WARNING AND PROBATION PRIOR TO

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DISCHARGE. THE CLAIMANT WAS NOT GIVEN -- BECAUSE OF THE

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EMPLOYER FAILED TO FOLLOW THE DISCIPLINE PROCEDURE, IT

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IS INSUFFICIENT TO HAVE THE MISCONDUCT FOR THE WORK. NO

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CHARGE BADGE MISCONDUCT.
>> NO CHARGE BACK. FOR THE ADEQUATE EMPLOYER

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RESPONSE.
>> SHORT FORM DECENT.

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>> FOR ALVAREZ.
>> NEXT CASE. 245704 WILL THE CLAIMANT WAS SCHEDULED

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TO WORK ON THE DAY OF THE FINAL INCIDENT. AND PRESENTED

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EVIDENCE THAT SHE WOULD WORK ON THE DAY OF THE FINAL

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INCIDENT, BECAUSE SHE HAD GIVEN TIME OFF THE PREVIOUS

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FRIDAY. NONETHELESS, THE CLAIMANT DID NOT SHOW UP, ASK

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LOSS TRACK OF TIME. AND THE EMPLOYER ATTEMPTED TO

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CONTACT HER. AND THE ONLY TIME IS THE LAST PART OF THE

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SHIFT. THE EMPLOYER HAS CONSISTENTLY [INAUDIBLE]. THE

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CLAIMANT SHOULD HAVE KNOWN THAT SHE COULD BE DISCHARGED

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WHETHER SHE WAS ABANDONING YOUR JOB. THE PHRASE FOR

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ABANDONING THE JOB IS FOR THE FAILURE OF JOB PHRASE.

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COMING INTO WORK AS SCHEDULED WAS A CLEAR REFUSAL OF

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MISCONDUCT CONNECTED WITH THE WORK. WE SHOULD REVERSE

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THE A T DECISION. AND NO COME BACK ADEQUATE POOR

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RESPONSE.
>> THIS DECISION AN IS FIRMED OF THE THE CLAIMANT --

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WITHOUT PROPER TREATMENT UNDER THE DISCIPLINARY POLICY

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WAS FOR MISCONDUCT.

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>> AFFIRM THE MONTH MISCONDUCT MARRIAGE BACK.

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>> SHORT FORM DECENT.
>> THANK YOU, I HAVE A SHORT FORM DECENT.

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>> NEXT CASE, WOULD BE, 2460082.

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>> THE APPEAL, TO BE REVERSED. THE CLAIMANT DID NOT

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RETURN TO HER JOB IN ORDER TO MOVE WITH HER SPOUSE IN

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THE AREA WHERE SHE WORKS. THIS IS FOR DISQUALIFICATION:

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IT REMAINS A DISQUALIFICATION AND IT IS DETERMINED TO BE

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QUITTING WITHOUT GOOD CAUSE CONNECTING WITH THE WORK, IS

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AN EXCEPTION TO PAY REIMBURSEMENT FOR 05.021. A 2. IN

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ADDITION FINDING THE EMPLOYER NOT LIABLE FOR

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REIMBURSEMENT -- 247, 135, 0 DASH, ONE, DASH, ONE.

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WHICH CONTAINED A SIMILAR FACT PATTERN. AS SUCH, THE

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EMPLOYER COUNT SHOULD NOT BE BUILT. AND REIMBURSE THE

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EMPLOYER NOT BUILT.
>> I WOULD AFFIRM.

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>> AS THE CLAIMANT SEPARATION WAS NOT A COMPLETE

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DISQUALIFIED. THE RECENT EMPLOYER SHOULD BE BILLED.

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>> APPROVE THE REINVERSABLE --(TOO FAST TO CAPTION)

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>> SHORT FORT DECENT.
>> THANK YOU. I HAVE A SHORT FORM DECENT FOR

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COMMISSIONER ALVAREZ.

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>> NEXT CASE?
>> THE DECISION SHOULD BE REVERSED. THE CLAIMANT WAS

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ABSENT WHEN HER ELDERLY MOTHER FELL DOWN THE STAIRS, AND

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WENT TO I C U.

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>> AFFIRM THE MISCONDUCT VOID CHARGE BACK.

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>> SHORT FORM DECENT.

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>> I HAVE A SHORT FORM DECENT FOR COMMISSIONER

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ALAVAREZ.
>> NEXT CASE. 2464457.

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>> COMMISSIONER, *DEMERSON.

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>> THE HEARING WAS CONTINUED IN PART TO ALLOW THE

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EMPLOYER TO SUBMIT TWO DOCUMENTS FOR THE CLAIMANT'S

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TERMINATION. AND A HANDWRITTEN STATEMENT REGARDING THE

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FINAL INCIDENT. THE EMPLOYER PROVIDED THE DOCUMENTS FOR

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THE SECOND HEARING. THE A T FAILED TO ADMIT THEM INTO

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THE RECORD. A HANDWRITTEN STATEMENT THE CLAIMANT HAS

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FACTS THAT CONTRADICTS AND HAS END CONSISTENT

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STATEMENTS.
>> THE DECISION SHOULD BE AFFIRMED. THE PAINTING TASK

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WAS ASSUMED TO A GROUP OF PEOPLE. AND THEY WERE OFF

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WORK IMMEDIATELY, AND WAS FIRED SHORTLY AFTER THEY

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RETURNED FROM WORK. HE WAS UNABLE TO COMPLETE THE TASK.

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>> ADDITIONALLY THE TASK COULD BE BEEN COMPLETED BY

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ANYBODY ELSE IN THE GROUP. THEREFORE, THE EMPLOYER WAS

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NOT SHOWN MISCONDUCT.

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>> REHEAR.
>> ALL RIGHT I HAVE A MAJORITY VOTE TO REHEAR THE

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CASE. COMMISSIONER -- PART OF YOUR VOTE BROKE OFF.

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>> YEAH, BECAUSE THESE DOCUMENTS ARE RELEVANT AND IT

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IS AT ISSUE FOR THE CREDIBILITY. WE SHOULD GRANT A

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REISSUE. AND CONFRONT THE CLAIMANT WITH HIS

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INCONSISTENT STATEMENT.

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>> READ READ. TEMPORARY EMPLOYERS SEND THEIR

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EMPLOYEES ON ASSIGNMENTS, AND SHORTAGES AND SEASONAL

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WORK LOADS AND PROJECTS OR OTHER SIMILAR WORK

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SITUATIONS. GIVEN THAT THIS ASSIGNMENT WAS NOT

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TEMPERING IN NATURE. THIS SHOULD NOT BE APPLIED. THE

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EMPLOYERS CLIENT LET THE CLIENT GO THAT DID NOT

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CONSTITUTE WITH THE MISCONDUCT. NO MISCONDUCT CHARGE

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BACK.
>> THE A T'S DECISION SHOULD BE REAFFIRMED. WHICH THE

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CLAIMANT ACKNOWLEDGE -- BAD AUDIO. WITHOUT GOOD CAUSE

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AND WE SHOULD AFFIRM THE DECISION, VOLUNTARY LEAVING.

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NO CHARGE BACK.
>> REVERSE THAT. CHARGE BACK.

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>> SHORT FORM.
>> SHORT FORM DECENT FOR COMMISSIONER.

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>> NEXT CASE. 2464959. COMMISSIONER ALAVAREZ.

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>> IT SHOULD BE DEEMED TIMELY. MAILED TO THE APPEAL

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TO THE LAST DAY, TO FILE A TIMELY APPEAL. THE APPEAL

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WAS IN FACT TO THE COMMISSION APPEAL. WITH THE FAX

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NUMBER FORWARDED, THAT DOES NOT MATTER. THE ENVELOPE IN

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WHICH THE CLIENT E-MAILED THIS. THE CLIENT MAILED THIS.

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SOMEONE THEN FORWARDED THE APPEAL BY THE COMMISSION

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APPEAL BY FAX. WHETHER IT WAS APPEALED, IT IS

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IMMATERIAL. BY THE DEADLINE. DEEMED COMMISSION TIMELY.

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>> BECAUSE THE CLAIMANT DID NOT ASSERT ANY DELAYED OR

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NOT RECEIPT OF THIS. IT IS NOT TIMELY, AND WE DO NOT

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HAVE THE JURISDICTION TO SUBMIT THE UNDERLINE MERIT. WE

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SHOULD HE HAVE THE UNDERLINE, A T DECISION IN FULL FORCE

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AND EFFECT.
>> I LEAVE THAT FOR THE COMMISSION TO RESUBMIT.

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>> WE WILL RESUBMIT THE CASE.

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>> THE NEXT CASE IS 247, 2232.

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>> WE SHOULD MODIFY THE APPEAL FOR THE DECISION. I DO

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NOT DISPUTE THAT. AS TO THE JOB SEPARATION, SHOULD HAVE

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NEVER ENGAGING IN ANY HUGGING OR KISSING BE MAYBE I

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DON'T REMEMBER, IN THE WORK PLACE. IT SUGGESTS TO THE

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EMPLOYER FOR SEXUAL HARASSMENT. THE ACTIONS ARE NOT

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RELEVANT HERE BUT THE CLAIMANT'S ACTIONS ARE. IT IS

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REASONABLE FOR THE CLAIMANT TO BE SENT TO A HIGHER

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STANDARD. KITING KISSING THE SUBORDINATE ON THE LIP

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AFTER SHE TOLD MINIMUM THAT IT WAS INAPPROPRIATE.

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>> NO CHARGE BACK.
>> THE DECISION SHOULD BE AFFIRMED.

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>> THE CLAIMANT HAD NO PRIOR WARNINGS, TO THE BEHAVIOR

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THAT LED TO HIS DISCHARGE. SHE GAVE THE EMPLOYER

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MISCOMMUNICATION. REGARDING THE AVAILABLE ISSUE. HE

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WAS AVAILABLE FOR WORK. AFFIRM THE A T, NO MISCONDUCT,

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CLAIMANT AVAILABLE FOR WORK.
>> MODIFY THE A T, MISCONDUCT, NO CHARGE BACK.

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CLAIMANT AVAILABLE FOR WORK.
>> SHORT FORM DECENT.

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>> THANK YOU.
>> I HAVE A SHORT FORM DECENT FOR COMMISSIONER

00:21:54.670 --> 00:21:56.670
ALAVAREZ.
>> NEXT CASE, IS, 247, 3717.

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>> WE SHOULD REHEAR THE CASE, THE CLIENT WAS

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DISCHARGED. AFTER THE CRIMINAL CHARGES WERE DISMISSED,

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SHE HAS PROVIDED NO DOCUMENTS.

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>> I ACCEPT FOR THE SHORT FORM DECENT LIST, UP FOR

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DOCKET, 16.
>> MOTION PASSES WITH THE EXCEPTIONS.

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>> THANK YOU, SIR.
>> MOVING ON TO DOCKET, 17:

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>> BEGINNING WITH, CASE, 243, 8893. COMMISSIONER

00:23:47.670 --> 00:23:49.670
*DEMERSON.
>> THE CLAIMANT WAS DISCHARGED WITH MISCONDUCT. THE

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CLAIMANT DENIES ANY WRONG DOING. IT CLEARLY ESTABLISHES

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THAT THE CLAIMANT MISMANAGED HIS POSITION OF MANAGEMENT.

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CLAIMANT WAS ALSO NOT CREDIBLE WHEN HE REQUIRED THE

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EMPLOYER TO TAKE THE BEERS WITH HIM -- ON THE EVENING

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ON THE FINAL -- THIS VIOLATED THE TEXAS ALCOHOL RULES

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AND REGULATIONS AND WAS IMMEDIATELY DISCHARGED. NO

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CHARGE BACK, AND ADEQUATE FOR THE RESPONSE.

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>> THE A T DECISION SHOULD BE AFFIRMED. THE EMPLOYEE

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WAS DISCHARGED, WHEN HE MADE AN EMPLOYEE PAY FOR BEERS,

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ON AN OPEN TAB, AND TOLD THE EMPLOYEE TO TAKE THE BEERS

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HOME. AND THE EMPLOYER IN QUESTION, TESTIFIED AT THE

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COMMISSIONER REHEARING THAT HE DID NOT TAKE THE BEERS

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FROM THE PREMISES. THE CLAIMANT DID NOT VIOLATE THE

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EMPLOYER, AND THE RULES AND HE WAS NOT DISCHARGED FOR

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ANY REASONS OTHER THAN THE MISCONDUCT FOR THE WORK.

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>> NO MISCONDUCT, CHARGE BACK. THANK YOU, I HAVE A

00:25:49.670 --> 00:25:51.670
SHORT FORM DECENT FOR COMMISSIONER DIMMER SON.

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>> THIS GOES IN LINE WITH THE CLAIMANT'S STATEMENT TO

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GO INTO THE POLICE DEPARTMENT TO COLLECT HIS PERSONAL

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ITEMS. IF THE CLAIMANT HAD SUFFERED AN UNKNOWN MEDICAL

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ISSUE. THE CLAIMANT DID NOT DENY THAT THE PARAMEDICS

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REVIVED HIM ON A DRUG THAT THEY USE FOR PEOPLE WHO

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OVERDOSE. AND THE EMPLOYER'S PROVING BY THE

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PREPONDERANCE OF THE EVIDENCE. WE SHOULD THEREFORE

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MODIFY THE A T DECISION. THAT THE CLAIMANT HAD A GOOD

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REASON FOR THE DISCHARGE.
>> NO COMBAT.

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>> THE A T DECISION SHOULD BE AFFIRMED. I AGREE THAT

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THEY HAD A GOOD CAUSE. SINCE HE NEVER RECEIVED THE

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NOTICE OF HEARING. ON THE SEPARATION, THE CLAIMANT WAS

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FIRED FOR THE NO DRUGS POLICY. THE CLAIMANT WAS NEVER

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TESTED FOR LEGAL DRUGS, AND HAS DENIED THE ILLEGAL DRUG

00:27:40.670 --> 00:27:42.670
USE. AFFIRM THE A T, CLAIMANT HAD A GOOD CAUSE FOR A T

00:27:46.670 --> 00:27:48.670
ONE, NO MISCONDUCT. CHARGE BACK.

00:27:49.670 --> 00:27:51.670
>> AFFIRM THE A T AND ESTABLISH A GOOD CAUSE FOR NO

00:27:54.670 --> 00:27:56.670
MISCONDUCT. CHARGE BACK.
>> THANK YOU, I HAVE A SHORT FORM DECENT. FOR

00:27:59.670 --> 00:28:02.670
COMMISSIONER, *DEMERSON.
>> NEXT CASE, IT 45, 2845.

00:28:05.670 --> 00:28:07.670
>> {READING DOCUMENT}.
>> NOT SUPPORTABLE AND SHOULD BE REVERSED. THE

00:28:13.670 --> 00:28:15.670
CLAIMANT WAS DISCHARGED UNDER A TRAINEE SUPERVISION

00:28:18.670 --> 00:28:20.670
DUMPED HOT ASPHALT ON TO A TRACK. HE ADMITTED THAT HE

00:28:26.670 --> 00:28:28.670
WAS SUPPOSED TO BE WATCHING THE TRAINEE. AND FAILED TO

00:28:32.670 --> 00:28:34.670
DO SO. ESPECIALLY BECAUSE THE CLAIMANT HAD RECEIVED A

00:28:37.670 --> 00:28:39.670
PRIOR WARNING FOR THE SIMILAR INCIDENT. *DEMERSON

00:30:12.670 --> 00:30:14.670
>> LEAVING WORK EARLY, THE WORKER MISMANAGED --(TOO

00:30:22.670 --> 00:30:24.670
FAST TO CAPTION) (LOST AUDIO)
>> I'M SORRY, COMMISSIONER *DEMERSON CAN YOU REPEAT

00:30:26.670 --> 00:30:29.670
YOUR VOTE, YOU BROKE UP.
>> THANK YOU.

00:30:31.670 --> 00:30:33.670
>> MR. CHAIRMAN.
>> REVERSE THE A T, NO MISCONDUCT.

00:30:36.670 --> 00:30:38.670
>> A SHORT FORM.
>> I HAVE A SHORT FORM DECENT, FROM COMMISSIONER,

00:30:40.670 --> 00:30:42.670
*DEMERSON.
>> NEXT CASE, WOULD BE, 2458801, ALVAREZ.

00:30:47.670 --> 00:30:49.670
>> A DECISION SOME BE REVERSED. THE CLAIMANT WAS

00:30:52.670 --> 00:30:54.670
SUPPOSED TO HAVE THE SERVICES OF A SECRETARY TO ASSIST

00:30:55.670 --> 00:30:57.670
HIM IN COMPLETING HIS JOB FUNCTIONS MUCH THE TIME PERIOD

00:30:59.670 --> 00:31:01.670
IN WHICH THE EMPLOYER COMPLAINS THAT THE WORK WAS NOT

00:31:03.670 --> 00:31:05.670
COMPLETED OVERLAPS TO THE TIME. HE WAS WORKING IN HIS

00:31:14.670 --> 00:31:16.670
ABILITY KNOWING THAT HE WAS UNDER STAFF. NO MISCONDUCT,

00:31:20.670 --> 00:31:22.670
BILL REIMBURSEMENT EMPLOYER, VOID ADEQUATE RESPONSE.

00:31:25.670 --> 00:31:27.670
>> WE SHOULD MODIFY THE APPEAL [INAUDIBLE] LOST AUDIO.

00:31:32.670 --> 00:31:34.670
>> BECAUSE THE CLAIMANT HAD BEEN -- LOST AUDIO.

00:31:35.670 --> 00:31:37.670
>> LACK OF COMPLIANCE. AND TO CONTINUE TO MEET

00:31:39.670 --> 00:31:41.670
STANDARDS AND WE SHOULD MODIFY THE A T DECISION. AND

00:31:45.670 --> 00:31:47.670
MISCONDUCT, AND{READING DOCUMENT}[INAUDIBLE]. MODIFY

00:31:54.670 --> 00:31:56.670
THE A T. AND NOT BILL SEVERAL ADEQUATE RESPONSE.

00:31:58.670 --> 00:32:01.670
>> SHORT FORM DECENT.
>> THANK YOU, I HAVE A SHORT FORM DECENT WITH

00:32:03.670 --> 00:32:06.670
COMMISSIONER ALAVAREZ.
>> NEXT CASE: 2459896.

00:32:13.670 --> 00:32:15.670
>> THE CLAIMANT QUIT HER JOB, TO ACCEPT THE VOLUNTARY

00:32:21.670 --> 00:32:23.670
PACK AN. FIRST: THE PRESIDENT CASE STATED THAT LAYOFFS

00:32:27.670 --> 00:32:29.670
WERE IMMINENT WHICH WAS NOT THE CLAIM IN THE PRESENT

00:32:34.670 --> 00:32:36.670
CASE. WORKS WAS STILL AVAILABLE WHEN SHE DECIDED TO

00:32:44.670 --> 00:32:46.670
REDESIGN. HAD LOST ALL BENEFITS HAD THEY NOT SIGNED THE

00:33:06.670 --> 00:33:08.670
SEVERANCE SEVERANCE PACKAGE.

00:33:30.670 --> 00:33:32.670
>> THE DECISION TO BE -- WERE OFFERED LUMP SUM

00:33:37.670 --> 00:33:39.670
SETTLEMENTS, BECAUSE THE POSITIONS WAS FROM A LAYOFF.

00:33:42.670 --> 00:33:44.670
THIS DOES NOT CHANGE THE NATURE OF THE SEPARATION. AS

00:33:45.670 --> 00:33:47.670
SUCH, THIS CLAIMANT SHOULD BE QUALIFIED FOR THE

00:33:50.670 --> 00:33:53.670
BENEFITS. NO MISCONDUCT CHARGE BACK.
>> REVERSE THE A T. VOLUNTARY, LEAVING NO CHARGE

00:33:57.670 --> 00:34:00.670
BACK. ADEQUATE RESPONSE.
>> SHORT FORM DECENT.

00:34:00.670 --> 00:34:02.670
>> THANK YOU, I HAVE A SHORT FORM DECENT WITH ALVAREZ.

00:34:05.670 --> 00:34:07.670
>> NEXT CASE: COMMISSIONER ALAVAREZ. THE DECISION

00:34:10.670 --> 00:34:12.670
SHOULD BE REVERSED. THE CLAIMANT DENIED THAT HE WAS

00:34:14.670 --> 00:34:16.670
AGGRESSIVE OR INSUBORDINATE. REVERSE THE A T, NO,

00:34:39.670 --> 00:34:41.670
MISCONDUCT, CHARGE BACK.
>> BECAUSE THE CLAIMANT WAS ARGUMENTATIVE IN FRONT OF

00:34:46.670 --> 00:34:48.670
COWORKERS, THE CLAIMANT WAS INSUBORDINATE. MISCONDUCT

00:34:56.670 --> 00:34:59.670
NO CHARGE BACK.
>> AFFIRMATIVE.
>> SHORT FORM DECENT.

00:35:00.670 --> 00:35:02.670
>> THANK YOU, I HAVE A SHORT FORM DECENT WITH

00:35:04.670 --> 00:35:07.670
COMMISSIONER ALAVAREZ.
>> NEXT CASE: 2461735. COMMISSIONER ALAVAREZ.

00:35:13.670 --> 00:35:15.670
>> IT SHOULD BE REVERSED. THE CLAIMANT DENIED THE

00:35:19.670 --> 00:35:21.670
ALLEGATION UNDER OATH. THE EMPLOYER RELIED VIDEO

00:35:26.670 --> 00:35:28.670
EVIDENCE WHICH FAILED TO PRODUCE. THEREFORE, THE

00:35:31.670 --> 00:35:33.670
CLAIMANT'S EVIDENCE CARRIES MORE WAIT OF THE BECAUSE IT

00:35:36.670 --> 00:35:38.670
IS NOW HEARSAY. IF HE WAS HITTING NO SALE IN THE

00:35:41.670 --> 00:35:43.670
TRANSACTIONS, IT WOULD NOT HAVE PRODUCED THE SHORTAGE.

00:35:47.670 --> 00:35:49.670
THE EMPLOYER WOULD HIT NO SALE ON A TRANSACTION, WOULD

00:35:55.670 --> 00:35:57.670
CREATE AN OVERAGE. BUT IF THE CLAIMANT WAS STEALING.

00:36:02.670 --> 00:36:04.670
NOT REPORT THE OVERAGES AND TURN THEM INTO BE STORED IN

00:36:06.670 --> 00:36:08.670
THE SAFE, THE EVIDENCE IS INSUFFICIENT TO ESTABLISH THE

00:36:10.670 --> 00:36:12.670
MISCONDUCT. REVERSE THE A T, NO CHARGE BACK AND NO

00:36:18.670 --> 00:36:20.670
RESPONSE.
>> IT IS NOT CREDIBLE WHEN YOU COMPARE TO THE

00:36:21.670 --> 00:36:23.670
EMPLOYERS WAVERING TESTIMONY ABOUT THE -- THE CLAIMANT

00:36:27.670 --> 00:36:29.670
DID NOT PROVIDE ANY REASON ABOUT THE CLAIMANT. THE

00:36:33.670 --> 00:36:35.670
EMPLOYER TESTIFIED THAT THE CLAIMANT --(TOO FAST TO

00:36:55.670 --> 00:36:57.670
CAPTION) .
>> REVERSE THE A T, NO MISCONDUCT. CHARGE BACK, VOID

00:37:02.670 --> 00:37:04.670
ADEQUATE RESPONSE.

00:37:05.670 --> 00:37:07.670
>> SHORT FORM.
>> THANK YOU, I HAVE A SHORT FORM DECENT WITH

00:37:08.670 --> 00:37:10.670
COMMISSIONER, *DEMERSON.

00:37:13.670 --> 00:37:15.670
>> THE TRIBUNAL DECISION SHOULD BE MODIFIED. {READING

00:37:18.670 --> 00:37:20.670
DOCUMENT}.

00:39:07.670 --> 00:39:09.670
>> AFFIRM THE A T. NO MISCONDUCT CHARGED BY.

00:39:13.670 --> 00:39:16.670
>> I WOULD AGREE TO REHEARING THE CASE.
>> ALL RIGHT WE WILL REHEAR THE CASE, AND THE DRUG

00:39:20.670 --> 00:39:22.670
TESTING POLICY.
>> NEXT CASE, 24636 THE 5.

00:39:26.670 --> 00:39:28.670
>> {READING DOCUMENT}.(TOO FAST TO CAPTION) IT SHOULD

00:39:30.670 --> 00:39:32.670
BE AFFIRMED. IN LINE WITH THE IMPORTANT REQUEST. IF

00:39:58.670 --> 00:40:00.670
THE EMPLOYER IS NOT ALLOWED TO VERIFY THE REASONS FOR AN

00:40:02.670 --> 00:40:04.670
EMPLOYEE'S ACTION, THE RESULTS WHERE THE EMPLOYERS WILL

00:40:06.670 --> 00:40:08.670
BE UNDULY BURDENED THAT THE EMPLOYEES ARE DISHONEST FOR

00:40:11.670 --> 00:40:13.670
THE LEAVE. AS SUCH, WE SHOULD REAFFIRM NO CHARGE BACK.

00:40:16.670 --> 00:40:18.670
>> THE A T DECISION IS NOT SUPPORTABLE AND SHOULD BE

00:40:21.670 --> 00:40:23.670
REVERSED. THE CLAIMANT WAS DISCHARGED BECAUSE SHE DID

00:40:24.670 --> 00:40:26.670
NOT PROVIDE HER GRANDFATHER'S DISCHARGE OF THE HOSPITAL.

00:40:31.670 --> 00:40:33.670
THE FATHER'S DOCUMENT DID NOT PROVIDE THE DOCUMENTATION.

00:40:36.670 --> 00:40:38.670
THE EMPLOYER'S REQUEST WAS OVER REACHING AND

00:40:44.670 --> 00:40:46.670
UNWARRANTED. {READING DOCUMENT}.(TOO FAST TO CAPTION)

00:41:03.670 --> 00:41:05.670
THE CLAIMANT'S FAILURE TO COMPLY WITH THE EMPLOYER'S

00:41:06.670 --> 00:41:08.670
UNREASONABLE DEMAND DID NOT CONSTITUTE WITH THE CONDUCT

00:41:10.670 --> 00:41:12.670
WITH THE WORK. REVERSE THE A T, AND NO MISCONDUCT

00:41:17.670 --> 00:41:19.670
CHARGE BACK.
>> REVERSE THE A T, NO MISCONDUCT CHARGE BACK.

00:41:21.670 --> 00:41:23.670
>> SHORT FORM. I HAVE A SHORT FORM DECENT WITH

00:41:28.670 --> 00:41:31.670
COMMISSIONER *DEMERSON.
>> TO REVERSE THE TRIBUNAL: {READING DOCUMENT}. (TOO

00:42:02.670 --> 00:42:04.670
FAST TO CAPTION) THE EMPLOYER IMMEDIATELY FILED AN

00:42:07.670 --> 00:42:09.670
APPEAL. WE SHOULD DEEM THEM TIMELY, AND FIND THAT THE

00:42:12.670 --> 00:42:14.670
EMPLOYER HAD GOOD CAUSE FOR NON APPEARANCE.

00:42:27.670 --> 00:42:29.670
>> HE WAS NOT CONSISTENTLY CHECKING THE MAIL HIMSELF.

00:42:32.670 --> 00:42:34.670
THEREFORE, THE REPORTER DID NOT HAVE THE PRESUMPTION OF

00:42:36.670 --> 00:42:38.670
THE RECEIPT. ACCORDING TO THE LATE TO RE-OPEN. NO

00:42:43.670 --> 00:42:46.670
MISCONDUCT.
>> RESUBMIT.
>> MR. CHAIRMAN, DID YOU WISH TO MAKE A VOTE ON GOOD

00:42:53.670 --> 00:42:55.670
CAUSE, OR SHOULD WE ONLY RESUBMIT ON THE REMANNING

00:42:59.670 --> 00:43:02.670
ISSUES.
>> RESUBMIT ON EVERYTHING.
>> THANK YOU.

00:43:02.670 --> 00:43:04.670
>> NEXT CASE, WILL BE, 2465301, ALVAREZ.

00:43:10.670 --> 00:43:12.670
>> {READING DOCUMENT}.
>> WE SHOULD HAVE THE PLAINTIFF'S TIMELY.

00:43:56.670 --> 00:43:58.670
>> RESUBMIT.
>> THANK YOU, WE HAVE A UNANIMOUS DECISION.

00:44:02.670 --> 00:44:04.670
>> NEXT CASE, WILL BE, 2468157. COMMISSIONER

00:44:07.670 --> 00:44:10.670
*DEMERSON.
>> {READING DOCUMENT}.
>> MODIFIED. THE CLAIMANT LEFT EARLY, BEFORE

00:44:13.670 --> 00:44:15.670
COMPLETING THE JOB DUTIES, WORK STILL LEFT TO BE DONE.

00:44:18.670 --> 00:44:20.670
THERE'S STILL WORK TO BE DONE AND THE CLAIMANT SAID THAT

00:44:23.670 --> 00:44:25.670
THE SUPERVISOR SAID SHE WAS OKAY. BUT THE CLAIMANT SAID

00:44:27.670 --> 00:44:29.670
THAT IT WAS NOT A GOOD IDEA TO WALK OFF LIKE THAT. ONE

00:44:37.670 --> 00:44:39.670
OF THE EMPLOYER'S WITNESS -- LEFT THAT THE FOOD WAS

00:44:42.670 --> 00:44:44.670
STILL IN THE OVEN. BEFORE COMPLETING THE DUTIES.

00:44:47.670 --> 00:44:49.670
CONSTITUTED WITH MISCONDUCT. WE SHOULD MODIFY THE A T

00:44:51.670 --> 00:44:53.670
DECISION. MISCONDUCT. NO CHARGE BACK, SEVER THE

00:44:57.670 --> 00:45:00.670
ADEQUATE RESPONSE.
>> THE CORRECTION SHOULD BE REVERSED. THE CLAIMANT

00:45:07.670 --> 00:45:09.670
TOLD THE SUPERVISOR THAT SHE WOULD BE BACK THE NEXT DAY.

00:45:12.670 --> 00:45:14.670
AND SHE HAD A RESPONSE AND EXPECTED HER TO COME BACK THE

00:45:22.670 --> 00:45:24.670
NEXT DAY. THEREFORE, REVERSE THE A T, NO MISCONDUCT,

00:45:26.670 --> 00:45:28.670
CHARGE BACK, AVOID --

00:45:29.670 --> 00:45:31.670
>> VOID ADEQUATE RESPONSE.

00:45:33.670 --> 00:45:35.670
>> SHORT FORM DECENT WITH COMMISSIONER *DEMERSON.

00:45:39.670 --> 00:45:41.670
>> NEXT CASE IS, 2469297. COMMISSIONER ALVAREZ.

00:45:50.670 --> 00:45:52.670
>> {READING DOCUMENT}. REVERSE A T, NO MISCONDUCT.

00:46:25.670 --> 00:46:27.670
>> CLAIMANT REFUSED INFORM LEAVE THE OFFICE DESPITE

00:46:34.670 --> 00:46:36.670
THE REPEATING REQUESTS TO DO SO. THE APPLICANT IS

00:46:46.670 --> 00:46:48.670
INSUBORDINATE. WE SHOULD MODIFY, MISCONDUCT, NO CHARGE

00:46:51.670 --> 00:46:53.670
BACK. SEVER THE ADEQUATE RESPONSE RULING.

00:46:54.670 --> 00:46:56.670
>> MODIFY THE I T, MISCONDUCT, NO CHARGE BACK, SEVER

00:47:00.670 --> 00:47:02.670
ADEQUATE RESPONSE.
>> SHORT FORM DECENT.

00:47:03.670 --> 00:47:05.670
>> THANK YOU, I HAVE A SHORT FORM DECENT FOR

00:47:06.670 --> 00:47:09.670
COMMISSIONER ALAVAREZ.
>> NEXT CASE: 2472746ALVAREZ:

00:47:15.670 --> 00:47:17.670
>> {READING DOCUMENT}. THE CLAIMANT NEEDED TO LOOK AT

00:47:38.670 --> 00:47:40.670
HER PHONE TO LET PARAMEDICS IN THE HOUSE. IT HAD ALSO

00:47:42.670 --> 00:47:44.670
ESTABLISHED THAT OTHERS HAD BEEN USING THE FLOOR WITHOUT

00:47:52.670 --> 00:47:54.670
MISCONDUCT: NO MISCONDUCT CHARGE BACK.

00:47:56.670 --> 00:47:58.670
>> THE A T DECISION SHOULD BE MODIFIED. REGARDING THE

00:48:00.670 --> 00:48:02.670
GOOD CAUSE, THE EMPLOYER DID NOT GET A DELAYED RECEIPT

00:48:06.670 --> 00:48:08.670
OF THE NOTICE MUCH THE EMPLOYER ESTABLISHED GOOD CAUSE

00:48:11.670 --> 00:48:13.670
FOR ITS NON APPEARANCE MUCH AS TO THE JOB SEPARATION.

00:48:15.670 --> 00:48:17.670
THE CLAIMANT TEST IDENTIFIED WHEN SHE USED THE PHONE IN

00:48:22.670 --> 00:48:24.670
VIOLATION POLICY. THE EMPLOYER HAD GOOD CAUSE FOR THE

00:48:26.670 --> 00:48:28.670
NON-APPEARANCE. AND MISCONDUCT, AND NO CHARGE BACK WITH

00:48:31.670 --> 00:48:33.670
ADEQUATE RULING.

00:48:35.670 --> 00:48:37.670
>> MODIFY THE I T. NO MISCONDUCT:

00:48:42.670 --> 00:48:44.670
>> SHORT FORM, SHORT FORM DECENT WITH COMMISSIONER

00:48:45.670 --> 00:48:47.670
EMMERSON.
>> NEXT CASE, WILL BE. 248032 WILL. ALVAREZ.

00:48:55.670 --> 00:48:57.670
>> {READING DOCUMENT}. HE WAS NOT GIVEN ENOUGH NOTICE

00:49:18.670 --> 00:49:20.670
OF THE EVENTS AND HAD FAMILY IN TOWN. AND THE CLAIMANT

00:49:22.670 --> 00:49:24.670
WORKED THE NEXT AVAILABLE EVENT IN DECEMBER, WHEN IT IS

00:49:26.670 --> 00:49:28.670
AVAILABLE. SINCE THE CLAIMANT GOT THE WORK PURSUANT TO

00:49:31.670 --> 00:49:33.670
THE HIRING AGREEMENT, THERE WAS NO ACTUAL SEPARATION

00:49:35.670 --> 00:49:37.670
FROM EMPLOYMENT AND THE SEPARATION SHOULD BE VOIDED.

00:49:39.670 --> 00:49:41.670
THE OVER PAYMENT SHOULD BE REVERSED. AND VOID

00:49:43.670 --> 00:49:45.670
SEPARATION, DETERMINATION, AND NO OVER PAYMENT, AND

00:49:46.670 --> 00:49:48.670
SEVER THE AVAILABILITY ISSUE.

00:49:49.670 --> 00:49:51.670
>> I AGREE THAT THE AVAILABILITY ISSUE SHOULD BE

00:49:55.670 --> 00:49:57.670
SERVED. {READING DOCUMENT}MODIFY THE A T DECISION. AND

00:50:08.670 --> 00:50:10.670
OWE THE PAYMENT 8 THOUSAND{READING DOCUMENT}IN

00:50:12.670 --> 00:50:15.670
SEVERABILITY ISSUES.
>> MODIFY THE A T, OVER PAYMENT, SEVERABILITY ISSUE.

00:50:22.670 --> 00:50:25.670
>> SHORT FORM DECENT.
>> I HAVE A SHORT FORM DECENT WITH ALVAREZ.

00:50:29.670 --> 00:50:31.670
>> LAST CASE. WITH ALVAREZ.

00:50:34.670 --> 00:50:36.670
>> THE A T'S DECISION SHOULD BE VERY VERSED. THE

00:50:38.670 --> 00:50:40.670
CLAIMANT IS NOT ABLE TO WORK DUE TO DISABLE. AND SHE

00:50:44.670 --> 00:50:46.670
HAS WORKED PART-TIME, INCLUDING THE BASE PERIOD. SHE

00:50:48.670 --> 00:50:50.670
CONTINUES TO WORK FOR THE PART-TIMES BASES. THEREFORE

00:50:52.670 --> 00:50:54.670
SHE SHOULD BE HELD ELIGIBLE UNDER THE PROVISIONS UNDER,

00:50:56.670 --> 00:50:58.670
2.7, 0211. REVERSE THE A T. THE CLAIMANT IS AVAILABLE

00:51:06.670 --> 00:51:08.670
FOR WORK.
>> THE PREPONDERATE OF THE EVIDENCE. SAYS THAT THE

00:51:12.670 --> 00:51:14.670
CLAIMANT WAS REFUSING TO ACCEPT WORK. WE SHOULD

00:51:19.670 --> 00:51:21.670
THEREFORE, AFFIRM THE A T DECISION. CLAIM IT

00:51:22.670 --> 00:51:24.670
UNAVAILABLE BEGINNING 12. 08, 2019.

00:51:27.670 --> 00:51:29.670
>> I VERSE THE A T, AND CLAIMANT IS AVAILABLE.

00:51:34.670 --> 00:51:36.670
>> SHORT FORM.
>> SHORT FORM DECENT WITH COMMISSIONER *DEMERSON.

00:51:44.670 --> 00:51:46.670
>> YOU SHOULD HAVE RECEIVED THE SHORT FORM DECENT FOR

00:51:49.670 --> 00:51:51.670
17.
>> I MOVE FOR DOCKET 17.

00:51:53.670 --> 00:51:55.670
>> I SECOND THE MOTION FOR WHICH ARE THE MOTIONS THAT

00:51:57.670 --> 00:51:59.670
I'M DISSENTING FOR DOCKET 17.

00:52:00.670 --> 00:52:02.670
>> I CONCUR WITH THE MOTIONS, IN WHICH I'M DISSENTING

00:52:05.670 --> 00:52:07.670
IN THE U I SHORT FORM FOR DOCKET 17.

00:52:09.670 --> 00:52:11.670
>> MOTION PASSES WITH THE EXCEPTIONS NOTED.

00:52:12.670 --> 00:52:14.670
>> THANK YOU.
>> THIS BRINGS US TO THE AGENDA 337. LET'S PAUSE TO

00:52:19.670 --> 00:52:21.670
RESET FOR THE REST OF THE MEETING. GOOD BAD AUDIO.

00:52:38.670 --> 00:52:40.670
STAND BY.
>> ALL RIGHT LET'S MOVE ON. {READING DOCUMENT}.

00:54:10.670 --> 00:54:12.670
>> {READING DOCUMENT}. EACH ALLOTMENT HAS ONE AND TWO.

00:54:15.670 --> 00:54:17.670
AND THE FEDERAL GOVERNMENT WILL PAY, ONE HUNDRED PERCENT

00:54:18.670 --> 00:54:20.670
OF THE EXTENDED BENEFITS UNTIL THE END OF THE YEAR. THE

00:54:24.670 --> 00:54:26.670
ALLOTMENT ONE IS THE ALLOTMENT TO ALLOW THE INDIVIDUAL'S

00:54:28.670 --> 00:54:30.670
NOTIFICATION, OF THE AVAILABILITY OF THE COMPENSATION TO

00:54:33.670 --> 00:54:35.670
THE EMPLOYEES FOR COMPENSATION. AND INDIVIDUAL NOTICE

00:55:02.670 --> 00:55:04.670
UPON SEPARATION. ADDITIONAL, SECTION, 209 PROVIDES THE

00:55:07.670 --> 00:55:09.670
COMMISSION WITH THE ABILITY TO MAXIMIZE THEIR SEAT. TO

00:55:14.670 --> 00:55:16.670
CURRENTLY PROVIDE ENSURED UNEMPLOYMENT RATE OR I U R A

00:55:22.670 --> 00:55:24.670
MAXIMUM OF 13 WEEKS. FEDERAL PROVIDES FOR AN ALTERNATE

00:55:27.670 --> 00:55:29.670
THE TRIGGER. OR T U R TRIGGER. THE T U R TRIGGER ALSO

00:55:34.670 --> 00:55:36.670
PROVIDES A PAY FOR THE ELIGIBILITY IF IT'S AVAILABLE.

00:55:38.670 --> 00:55:40.670
AND TO MAXIMIZE THE STANDARD FUNDING. AND THE HIGH

00:55:45.670 --> 00:55:47.670
UNEMPLOYMENT RATE PERIOD. AND AS PROVIDED FOR IN

00:55:48.670 --> 00:55:50.670
SUBJECT F IN THE PROPOSED EMERGENCY RULES.

00:55:52.670 --> 00:55:54.670
>> DURING THE SEARCH OF THE BENEFITS AVAILABLE.

00:55:59.670 --> 00:56:01.670
THEREFORE STAFF REQUESTS THAT THE EXCEPTIONS FIND TO THE

00:56:03.670 --> 00:56:05.670
PUBLIC WELFARE FOR THE ADOPTION OF THE 30 DAYS NOTICE.

00:56:09.670 --> 00:56:11.670
ON THE SAME BASES, STAFF REQUESTS COMMISSIONER'S FIND TO

00:56:15.670 --> 00:56:17.670
THE ADOPTION OF RULES WITH AN EXPEDITED EFFECTIVE DATE.

00:56:20.670 --> 00:56:22.670
FOR IMMEDIATELY UPON FINDING OF THE DATE. FOR THE

00:56:26.670 --> 00:56:28.670
EMERGENCY RULE MAKING PROVISIONS OF 2001, 034, AND 036.

00:56:40.670 --> 00:56:42.670
>> TODAY STAFF IS SEEKING YOUR INFORMATION, IF SO

00:56:44.670 --> 00:56:46.670
DIRECTED. STAFF SEEKS APPROVAL TO MAKING CHANGES.

00:56:52.670 --> 00:56:54.670
>> (MULTIPLE SPEAKERS)
>> I'M HERE TO ANSWER ANY QUESTIONS.

00:56:55.670 --> 00:56:57.670
>> COUNCIL QUESTIONS.

00:56:58.670 --> 00:57:00.670
>> AM I CORRECT THAT THERE'S TWO MOTIONS ON THIS

00:57:02.670 --> 00:57:04.670
SPECIFIC AGENDA?
>> I BELIEVE THAT'S CORRECT.

00:57:06.670 --> 00:57:08.670
>> NO QUESTIONS.
>> ARE THERE ANY MOTIONS?

00:57:11.670 --> 00:57:13.670
>> YES, SIR, ON MARCH, 18TH THE FEDERAL GOVERNMENT

00:57:17.670 --> 00:57:19.670
PASSED THE ACCESS GRANT OF 2020. EMERGENCY RULES ARE

00:57:22.670 --> 00:57:24.670
NECESSARY TO PROVIDE THE ACT FOR THE FINANCIAL

00:57:25.670 --> 00:57:27.670
ASSISTANCE. WHICH WILL ALSO SERVE AS A STABILIZATION

00:57:29.670 --> 00:57:31.670
FACTOR IN THE LOCAL ECONOMIES.

00:57:35.670 --> 00:57:37.670
>> CAUSED BY COVID, IS THE -- THAT IMMEDIATE ACTION

00:57:44.670 --> 00:57:46.670
ACTION FOR THE STABILIZATION{READING DOCUMENT}. AND

00:57:49.670 --> 00:57:51.670
AVOID THE PUBLIC -- I MOVE AND SECOND THAT.

00:58:05.670 --> 00:58:07.670
>> YEAH. OH, I SECONDED THAT. I'M SORRY.

00:58:10.670 --> 00:58:13.670
>> I MADE THE MOTION.
>> YOU DID, WE'RE GOOD.

00:58:14.670 --> 00:58:16.670
>> I'M SORRY. I HAD A BREAK UP THERE.

00:58:17.670 --> 00:58:20.670
>> I APOLOGIZE FOR THAT.
>> MY SECOND MOTION I ALSO MOVE THAT WE ADOPT THE

00:58:22.670 --> 00:58:24.670
EMERGENCY BASE PURSUANT TO THE TEXAS GOVERNMENT CODE

00:58:28.670 --> 00:58:30.670
SECTION, 2001.034 THE PROPOSED AMENDMENT TO CHAPTER 18

00:58:34.670 --> 00:58:36.670
RULES, RELATED TO THE UNEMPLOYMENT RULES, IN SECTION,

00:58:39.670 --> 00:58:41.670
815.ONE, AND THE EXTENDED BENEFITS IN 81530.

00:58:58.670 --> 00:59:00.670
>> I'M GOING TO SECOND THAT MOTION. BEFORE I DO THAT,

00:59:01.670 --> 00:59:03.670
I WANT TO MAKE SURE THAT WE HAVE THE OPPORTUNITY TO WORK

00:59:04.670 --> 00:59:06.670
WITH YOU GUYS ON ANYTHING THAT WE CAN IN REGARD TO SHARE

00:59:09.670 --> 00:59:11.670
THAT INFORMATION?
>> YES, SIR, WE ABSOLUTELY WILL MAKE SURE THAT YOU

00:59:13.670 --> 00:59:15.670
HAVE THAT OPPORTUNITY. SHOULD JUST ALLOWS US TO MOVE

00:59:17.670 --> 00:59:19.670
INTO THAT DIRECTION.
>> I SECOND THAT.

00:59:20.670 --> 00:59:22.670
>> IT'S BEEN MOVED AND SECONDED. WE'RE UNANIMOUS.

00:59:25.670 --> 00:59:28.670
>> THANK YOU, COMMISSIONERS.
>> THANK YOU.

00:59:28.670 --> 00:59:30.670
>> I'M SHOWING NO REPORTS FOR AGENDA ITEM, NINE, OR

00:59:38.670 --> 00:59:41.670
TEN --{READING DOCUMENT}.
>> [INAUDIBLE].

00:59:45.670 --> 00:59:47.670
>> ITEM TEN:

01:00:16.670 --> 01:00:18.670
>> WHICH IS SOMETIMES REFERRED TO AS A PRIVATE RATE.

01:00:21.670 --> 01:00:23.670
PROVIDERS HAVE BROUGHT TO OUR ATTENTION THAT THEY WERE

01:00:24.670 --> 01:00:26.670
PREVIOUSLY SERVING THE CHILDREN OF PARENTS WHO ARE NOW

01:00:28.670 --> 01:00:30.670
CLASSIFIED AS AN ESSENTIAL WORKER, THESE T W C COVID

01:00:35.670 --> 01:00:37.670
ESSENTIAL WORKERS. IN CASES WHERE THE REIMBURSEMENT

01:00:43.670 --> 01:00:45.670
RATE IS LOWER. THE PROVIDER WILL RECEIVE LESS REVENUE

01:00:47.670 --> 01:00:49.670
FOR SERVING THE SAME CHILD, SO, WHILE COVID ESSENTIAL

01:00:51.670 --> 01:00:53.670
WORKER IS BENEFIT FOR THE PARENT, IT CAN BE A DETRIMENT

01:00:56.670 --> 01:00:58.670
FOR THE CHILD. WHERE THEY WERE SERVING THE SAME CHILD

01:01:01.670 --> 01:01:03.670
AT A HIGHER RATE, THIS MORNING, WE'RE SEEKING THE

01:01:04.670 --> 01:01:06.670
DIRECTION IN PURSUANT TO TO ALLOW THE DIFFERENCE TO BE

01:01:10.670 --> 01:01:12.670
CHARGED FOR PREVIOUSLY PRIVATE PAY, AND CONTINUOUSLY

01:01:14.670 --> 01:01:16.670
SERVED WITH THE SAME PROVIDER. THROUGH TWO STATE WAIVER

01:01:19.670 --> 01:01:21.670
REQUESTS. SECONDLY A CHILDCARE RULE, SECTION, 809 C 13,

01:01:46.670 --> 01:01:48.670
11 WHICH REQUIRES, BOARDS TO ADOPT THE POLICY MEETING

01:01:51.670 --> 01:01:53.670
AND INSTEAD TO ESTABLISH A STATE WIDE POLICY FOR COVID

01:01:55.670 --> 01:01:57.670
ESSENTIAL WORKERS, WHO WERE PREVIOUSLY PRIVATE PAY

01:01:58.670 --> 01:02:00.670
ASCRIBED A FEW MINUTES AGO. IN THOSE SPECIFIC

01:02:03.670 --> 01:02:05.670
INSTANCES. I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

01:02:08.670 --> 01:02:11.670
>> MR. CHAIRMAN I HAVE A QUESTION.
>> YES.

01:02:11.670 --> 01:02:13.670
>> GREAT WORK, WE'RE SUPER EXCITED THAT WE'RE

01:02:16.670 --> 01:02:18.670
FACILITATING THE NEEDS OF THE ESSENTIAL WORKERS. THE

01:02:19.670 --> 01:02:21.670
ONLY QUESTION THAT I HAVE, IS WHEN WILL THESE WAIVERS BE

01:02:24.670 --> 01:02:26.670
EFFECTIVE?
>> WE ARE THINKING TO MAKE THE WAIVERS EFFECTIVE ON

01:02:29.670 --> 01:02:31.670
APRIL FIRST WHEN WE STARTED TO ENROLL THE NEW PARENTS

01:02:33.670 --> 01:02:35.670
IN, IN ESSENTIAL CHILDCARE. FOR PARENTS THEY WITH STILL

01:02:40.670 --> 01:02:42.670
BE PAYING THE MUCH LOWER AMOUNT AS THEY WOULD A PAY

01:02:45.670 --> 01:02:47.670
PERIOD.
>> THANK YOU. RAEGON?

01:02:50.670 --> 01:02:52.670
>> YES.
>> COMMENTS OR QUESTIONS? NONE. ARE THERE ANY

01:02:55.670 --> 01:02:57.670
MOTIONS?
>> YES, CHAIRMAN. I MOVE THAT WE WAIVE, THE SECTION,

01:03:00.670 --> 01:03:02.670
TO PROVIDE PROVIDERS, TO THE FAMILIES, WHO ARE PRIVATE

01:03:05.670 --> 01:03:07.670
PAY AND ARE CONTINUOUSLY SERVED.

01:03:09.670 --> 01:03:11.670
>> AND THAT WE WAIVE SECTION 20 THE.3, C ELEVEN. TO

01:03:15.670 --> 01:03:17.670
ALLOW FOR PROVIDERS TO CHARGE THE DIFFERENCE FOR THE

01:03:20.670 --> 01:03:22.670
ESSENTIAL WORKERS. WHO ARE PRIVATE PAY, AS DESCRIBED.

01:03:27.670 --> 01:03:29.670
>> IT'S BEEN MOVED AND SECONDED.

01:03:30.670 --> 01:03:32.670
>> THANK YOU, COMMISSIONERS.

01:03:38.670 --> 01:03:40.670
>> DO WE HAVE ANYTHING ELSE UNDER AGENDA ITEM TEN?

01:03:43.670 --> 01:03:45.670
>> WE SHOULD HAVE AN UPDATE FROM, *CLAY COAL.

01:03:47.670 --> 01:03:49.670
>> ALL RIGHT
>> GOOD MORNING: FOR THE RECORD, *CLAY COAL, U I

01:04:00.670 --> 01:04:02.670
DIVISION. THIS WEEK, SEEING BIG PAY OUTS. WE CONTINUED

01:04:06.670 --> 01:04:08.670
TO ADD AN -- CAPACITY. PARTNERS ARE ONLINE. AN

01:04:27.670 --> 01:04:29.670
INCREASE CAPACITY TO ELIMINATE BUSY SIGNALS TO HELP WITH

01:04:32.670 --> 01:04:34.670
SERVING CUSTOMERS, WE CONTINUE TO ON BOARD AND FALL

01:04:37.670 --> 01:04:39.670
VOLUNTEERS, AND THE VOLUNTEERS OUTREACHING CUSTOMERS AND

01:04:42.670 --> 01:04:44.670
EFFORTS, IT REASSURE THE CUSTOMERS, TO HELP WITH THE

01:04:48.670 --> 01:04:50.670
CUSTOMER NEXT STEPS. AND YOU GUYS WORKING CLOSELY WITH

01:04:54.670 --> 01:04:56.670
FINANCE AND OPERATIONAL IN CITES, TO STREAM LINE --

01:05:04.670 --> 01:05:06.670
HAVING OUR OWN CALL CENTER. I JUST WANT TO GIVE A BIG

01:05:46.670 --> 01:05:48.670
SHOUT OUT AND THANKS TO INTERNAL VOLUNTEERS, BECAUSE

01:05:49.670 --> 01:05:51.670
THEY ARE REALLY HELPING US INCREASE OUR PRODUCTIVITY.

01:05:53.670 --> 01:05:55.670
SO BIG THANKS TO OUR VOLUNTEERS. I WOULD LIKE TO THANK

01:06:10.670 --> 01:06:12.670
CLAY AND HIS STAFF, FOR ALL THEY ARE DOING DURING THIS

01:06:14.670 --> 01:06:16.670
TIME, AND TAKING TIME TO ANSWER QUESTIONS. EXTENDING

01:06:19.670 --> 01:06:21.670
THE HOURS OF OPERATION. AND MANY OF THOSE WOULD WORK

01:06:23.670 --> 01:06:25.670
THIS END. AND HIS STAFF, THANK YOU, SAY AS WELL TO

01:06:29.670 --> 01:06:31.670
THEIR CONTINUED SUPPORT.

01:06:32.670 --> 01:06:34.670
>> THIS IS JEREMY: I WANT IT ECHO THE SENTIMENTS, THE

01:06:38.670 --> 01:06:40.670
WORK THAT HAS BEEN DONE, THE TEAM AND THAT MEANS A LOT.

01:06:51.670 --> 01:06:53.670
SO WHEN DO WE EXPECT TO HAVE THAT UP AND RUNNING OR THAT

01:06:55.670 --> 01:06:58.670
ACTIVITY TAKING PLACE?
>> WE HAVEN'T SAID A DATE, BUT WE HOPE TO AS EARLY AS

01:07:02.670 --> 01:07:04.670
NEXT WEEK. HOPEFULLY TO HAVE A PLAN IN PLACE. WE'RE

01:07:11.670 --> 01:07:13.670
WORK ON ANALYTICS, AND AS SOON AS WE HAVE THAT, WE OPEN

01:07:25.670 --> 01:07:27.670
AND DO -- THOSE TYPES OF IMITATIVES, WE THE OWE TO

01:07:35.670 --> 01:07:37.670
ADDRESSING THE NEEDS THAT ARE OUT THERE.

01:07:38.670 --> 01:07:40.670
>> THANK YOU, COMMISSIONER.
>> ONE THIN TO CLARIFY, WE -- WE'RE MAKING OUT BOUND

01:07:51.670 --> 01:07:53.670
CALLS RIGHT NOW WITH, STAFF AND WITH WAVE -- SO WE'RE

01:08:00.670 --> 01:08:02.670
DOING SOME OF THAT, BUT THE VOLUNTEERS, THIS WITH BE

01:08:06.670 --> 01:08:08.670
BEING SOME OF OUR PARTICULAR -- THE STRATEGY BEHIND THAT

01:08:16.670 --> 01:08:18.670
THEN, WE WILL, THERE'S STILL PEOPLE COME, AND --

01:08:29.670 --> 01:08:31.670
THE INSTRUCTOR: YES, SIR. THAT'S EXACTLY RIGHT. AND

01:08:32.670 --> 01:08:34.670
THE UM ASSISTANCE THAT WE'RE BECOME PENAL CODE -- THEY

01:08:38.670 --> 01:08:40.670
HAVE A GOOD DEVELOPING I DON'T MEAN -- IF YOU TAKE ONE

01:09:00.670 --> 01:09:02.670
THE CALLS.
>> I DO PERCEIVE THAT AS A GOOD USE OF THE RESOURCES.

01:11:18.670 --> 01:11:20.670
COMMISSIONER ALAVAREZ. AND COMMISSIONER --

01:11:22.670 --> 01:11:24.670
>> GOOD MORNING.
>> FOR THE RECORD, *S H A N T A, WILLIAMS WITH THE

01:11:27.670 --> 01:11:29.670
WORK FORCE DEVELOPMENT. WE HAVE WORK FORCE NOMINEES,

01:11:33.670 --> 01:11:35.670
FOR THE WORK FORCE AREA. STAFF RECOMMENDS THAT ALL

01:11:43.670 --> 01:11:45.670
NOMINEES BE APPROVED, AND I'M HERE TO ANSWER ANY

01:11:46.670 --> 01:11:48.670
QUESTIONS YOU MAY HAVE.

01:12:00.670 --> 01:12:02.670
>> SECOND?
>> SO MOVE AND SECONDED.

01:12:03.670 --> 01:12:06.670
>> WE'RE UNANIMOUS.
>> THANK YOU.
>> ALL RIGHT TOM, DO YOU HAVE ANYTHING TO REPORT

01:12:11.670 --> 01:12:14.670
TODAY?
>> YES, SIR.
>> GOOD MORNING. MR. CHAIRMAN.

01:12:14.670 --> 01:12:16.670
>> FOR THE RECORD. TOM, FROM RELATIONS.

01:12:19.670 --> 01:12:21.670
>> LAST FRIDAY, THE PRESIDENT SIGNED INTO, LAW, H R,

01:12:25.670 --> 01:12:27.670
266 FOR THE PROTECTION, AND ENHANCEMENT ABILITY. THIS

01:12:31.670 --> 01:12:33.670
IS ANOTHER ONE THAT THEY PASSED. WITH 60 BILLION OF

01:12:42.670 --> 01:12:44.670
THE -- AND THERE'S ALSO, 60 BILLION IN LOANS, AND

01:12:47.670 --> 01:12:49.670
ECONOMIC ASSISTANCE. AND THIS CONCLUDES MY REMARKS, AND

01:13:00.670 --> 01:13:02.670
I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

01:13:05.670 --> 01:13:08.670
>> ANY QUESTIONS?
>> NO CHAIRMAN.
>> THANK YOU VERY MUCH.

01:13:10.670 --> 01:13:12.670
>> THANK YOU, SIR.
>> AND ANYTHING ON THE EXECUTIVE DIRECTOR'S REPORT?

01:13:17.670 --> 01:13:19.670
>> I WANT TO MAKE SURE THAT I PAY ATTENTION TO THE U I

01:13:21.670 --> 01:13:23.670
ISSUES, THE NUMBERS OF CALLS, AND THE RESOURCES. AND

01:13:29.670 --> 01:13:31.670
YOU ON THE RECOVERY TO THAT TO TAKE THAT STEP TO

01:13:37.670 --> 01:13:39.670
INCREASE THE BANDWIDTH -- TO ANTICIPATE THE DEMAND

01:13:57.670 --> 01:13:59.670
SHIFTING OVER THERE. AND WE'RE TAKING STEPS WELL IN

01:14:01.670 --> 01:14:04.670
ADVANCE TO ADDRESS THEM. AND WE'RE CONTINUING TO INFORM
YOUR OFFICES AND BRIEF YOU ALL, AND TAKE STEPS TO SERVE

01:14:08.670 --> 01:14:11.670
THOSE CUSTOMERS AS WELL.
>> GO AHEAD.
>> THANK YOU, COMMISSIONERS. ANY QUESTIONS OR

01:14:13.670 --> 01:14:15.670
COMMENTS?
>> NOT TODAY, SIR.

01:14:16.670 --> 01:14:18.670
>> HEATHER AND HER TEAM HAVE BEEN AN AMAZING WORK

01:14:31.670 --> 01:14:33.670
GETTING THAT UP. SO I WANT TO PUT THAT OUT THERE. TO

01:14:36.670 --> 01:14:38.670
HAVE AN OPPORTUNITY TO POST JOBS ON THAT. AND HAVE AN

01:14:39.670 --> 01:14:41.670
EASY WAY TO FIND THOSE OPPORTUNITIES THAT ARE OUT THERE.

01:14:44.670 --> 01:14:46.670
AND IT LINES UP WITH THE GOVERNOR. AND THOSE JOBS THAT

01:14:47.670 --> 01:14:49.670
ARE OUT THERE. AND THOSE WORK FORCES, OUT THERE. AND

01:14:52.670 --> 01:14:54.670
WHAT THEY ARE GOING TO DO DOWN THERE. THAT'S THE NEXT

01:15:02.670 --> 01:15:05.670
LEVEL.
>> WE'LL BE READY.
>> THANK YOU, WITH REGARDS TO THE GOVERNOR'S

01:15:07.670 --> 01:15:09.670
ANNOUNCEMENT YESTERDAY, AND THE RE-OPENING OF THE STATE,

01:15:10.670 --> 01:15:12.670
UM, WHICH IS DEFINITELY MOVING US BACK TO OPPORTUNITIES

01:15:13.670 --> 01:15:15.670
FOR PEOPLE TO GO BACK TO WORK. I DO THINK IT CREATES A

01:15:22.670 --> 01:15:24.670
COUPLE OF ADDITIONAL OF THESE FOLKS SINCE THEY ARE

01:15:28.670 --> 01:15:30.670
RECENTERING THE WORK FORCE. ONE IS A TECHNICAL ISSUE:

01:15:38.670 --> 01:15:40.670
BUT TECHNICAL ISSUE WOULD BE -- IF THERE'S NO OBJECTION

01:15:42.670 --> 01:15:44.670
FROM THE COMMISSIONERS, I WOULD ASK STAFF TO BE REPEATED

01:15:46.670 --> 01:15:48.670
AT THE NEXT COMMISSION MEETING TO TALK TO US ABOUT SOME

01:15:50.670 --> 01:15:52.670
THAT HAVE BEEN SUSPENDED AND WORK TOOLS THAT HAVE BEEN

01:15:56.670 --> 01:15:58.670
SUSPENDED. I WOULD LIKE TO HAVE THE REPORT NEXT WEEK OF

01:15:59.670 --> 01:16:01.670
WHERE WE ARE AND WHERE OUR PLANS ARE, AS WE MOVE BACK

01:16:04.670 --> 01:16:06.670
MORE TYPICAL. IN PARTICULAR WITH PEOPLE THAT ARE MOVING

01:16:14.670 --> 01:16:16.670
IN. AND THE BETTER UNDERSTANDING TO THAT. AND I WOULD

01:16:18.670 --> 01:16:20.670
ASK STAFF THAT NEXT WEEK, STAFF NEXT WEEK.

01:16:26.670 --> 01:16:28.670
>> AND THE BUSINESSES TO BE ABLE TO BE OPEN ON A

01:16:31.670 --> 01:16:33.670
LIMITED BASES CAPACITY OF PEOPLE, UM, OBVIOUSLY, SOME

01:16:36.670 --> 01:16:38.670
SOLE PROPRIETORS THAT WILL GO BACK TO WORK ON FRIDAY.

01:16:40.670 --> 01:16:42.670
AND I THINK SOME ADDITIONAL HOSPITALITY SECTOR. WE'RE

01:16:53.670 --> 01:16:55.670
NOT HAVING EVERYONE START BACK AT ONCE. AND I THINK

01:16:56.670 --> 01:16:58.670
THAT IT'S POSSIBLE TO DO THIS BY ZOOM. AND I WOULD ASK,

01:17:01.670 --> 01:17:03.670
STAFF TO BE ABLE TO REPORT BACK TO US AT THE NEXT

01:17:05.670 --> 01:17:07.670
COMMISSION MEETING. IN TERMS OF WHAT WE HAVE DONE SO

01:17:09.670 --> 01:17:11.670
FAR. FOR TEXAS PEOPLE BY TAKING ADVANTAGE OF THOSE

01:17:22.670 --> 01:17:24.670
OPPORTUNITIES AND WHAT ARE MIDTERM PLANS? TO HELPING

01:17:26.670 --> 01:17:28.670
PEOPLE FOR SOME SKILLS. OR IN GENERAL, BE ABLE TO FIND

01:17:34.670 --> 01:17:36.670
JOBS SUITABLE FOR TRAINING AS THEY REENTER THE WORK

01:17:40.670 --> 01:17:42.670
FORCE. I WOULD ASK STAFF TO REPORT BACK TO US ON THE

01:17:43.670 --> 01:17:46.670
NEXT SCHEDULED COMMITTEE MEETING.
>> I'M IN AGREEMENT WITH THAT. THE ONLY THING THAT I

01:17:50.670 --> 01:17:52.670
WOULD ASK, IF THERE'S AN OPPORTUNITY FOR STAFF, WHETHER

01:17:53.670 --> 01:17:55.670
IT'S THROUGH A ZOOM OR ANOTHER MEDIA SOURCE. IF WE

01:17:57.670 --> 01:17:59.670
COULD HAVE THOSE CONVERSATIONS WITH STAFF.

01:18:05.670 --> 01:18:07.670
>> YES, SIR. WE'LL BE ABLE TO DO THAT. COURTNEY AND

01:18:13.670 --> 01:18:15.670
CHERYL DIDN'T HAVE ANYTHING TO REPORT THIS WEEK. AND I

01:18:19.670 --> 01:18:21.670
TALKED TO THEM ABOUT GETTING THAT INFORMATION.

01:18:29.670 --> 01:18:32.670
>> VERY GOOD. AND I KNOW THAT YOU HAVE BEEN WORKING
ON THESE THINGS, AND WE THIS SEVERAL PEOPLE WORKING ON

01:18:35.670 --> 01:18:37.670
THEM. AND NOW IT'S AN APPROACH AT TIME TO CONSOLIDATE

01:18:40.670 --> 01:18:42.670
THESE THINGS AND TALK ABOUT WHAT OTHER OPPORTUNITIES ARE

01:18:43.670 --> 01:18:45.670
AVAILABLE FOR TRAINING. AND WHAT OPTIONS ARE AVAILABLE.

01:18:53.670 --> 01:18:56.670
>> GREAT, ANYTHING ELSE?
>> NO, SIR.
>> THE TIME IS NOW, 10:19 AND NOW WE'RE GOING TO

01:18:59.670 --> 01:19:01.670
EXECUTIVE SESSION: {READING DOCUMENT}. PENDING

01:19:04.670 --> 01:19:06.670
LITIGATION. (MULTIPLE SPEAKERS)

02:23:20.670 --> 02:23:22.670
Meeting adjourned