WEBVTT

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>> LET'S TRY THIS

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>> GOOD MORNING EVERYONE, THE MEETING
IS CALLED TO ORDER, IS ANYONE SIGNED UP

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FOR PUBLIC COMMENT?
>> YES I BELIEVE WE HAVE HEATHER TORRES

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TO PROVIDE COMMENT. IF YOU ARE HERE,

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UNMUTE YOURSELF AND STATE YOUR NAME

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[INDISCERNIBLE] AND GO AHEAD WITH YOUR

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COMMENTS
>> CAN YOU HEAR ME? [INDISCERNIBLE]

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[INDISCERNIBLE] THERE'S A LOT OF

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FEEDBACK
>> THANK YOU FOR HAVING ME

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[INDISCERNIBLE] EVERY TIME I TALK,

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THERE'S SO MUCH FEEDBACK NOISE I'M NOT
SURE WHAT TO DO
>> CHAIRMAN, I CAN HEAR HER. I AM ABLE

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TO HEAR HER COMMENTS

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>> SO I CAN JUST START TALKING?

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>> MY NAME IS HEATHER TORRES AND I'M

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THE EXECUTIVE DIRECTOR OF

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[INDISCERNIBLE] I HAVE BEEN IN EARLY

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CHILDHOOD EDUCATION [INDISCERNIBLE] FOR

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17 YEARS. STARTING OFF AS A TEACHER
ASSISTANT AND WORKING MY WAY UP TO
EXECUTIVE DIRECTOR A POSITION I HAVE

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HELD FOR 11 YEARS. I'M AN ACTIVE MEMBER

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OF [INDISCERNIBLE]. [SPEAKER OFF MIC]

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>> WHAT DO YOU NEED ME TO DO?

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>> ARE YOU THERE, HEATHER?
>> [SPEAKER OFF MIC]

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>> I HAVE BEEN AN ACTIVE MEMBER AND

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SPEAKER FOR THE [INDISCERNIBLE] AND
ASSOCIATION OF EARLY LEARNING LEADERS.

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CHILDCARE CENTERS AND CHILDCARE
TEACHERS AND EMPLOYEES ARE OVERLOOKED

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AND UNDERAPPRECIATED. AT TIMES, WE ARE
LABELED BABYSITTERS AND NOT REAL

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EDUCATORS. WE ARE OFTEN LEFT OUT OF THE

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APPRECIATION TEACHER APPRECIATION WEEK
AND SPECIAL THANK YOU LIST. IF ANY OF

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YOU HAVE BEEN IN THE PROCESS OF
PURCHASING A HOUSE AND WALK THE FLOORS
OF POTENTIAL HOME PURCHASES, YOU WOULD

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HAVE NOTICED PAINT COLORS, WINDOWS, FLOOR

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LAYOUT BUT RARELY LAYING EYES UPON
AT THE HOUSE WHICH YOU COMMENT ON THE

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FOUNDATION IS BUILT UPON. IT WOULD BE
OVERLOOKED UNTIL MUCH FURTHER

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INSPECTIONS ARE MADE. EARLY CHILDHOOD
EDUCATION IS A FOUNDATION IN WHICH A

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CHILD EDUCATION SELF-WORTH AND
EMOTIONAL INTELLIGENCE IS BUILT UPON

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AND AT FIRST GLANCE IS OFTEN OVERLOOKED

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BUT SADLY MY EARLY EDUCATORS AND I ARE

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USED TO THIS. DURING A TIME THAT IS
CONSIDERED TOO DANGEROUS FOR PUBLIC

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SCHOOLS TO BE OPEN CHILDCARE CENTERS
REMAIN OPEN AND TOOK IN THE VERY

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CHILDREN NOT ALLOWED TO ATTEND PUBLIC

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SCHOOL. IN MARCH WHEN CHILDCARE CENTERS

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WERE LABELED CONSENSUAL EARLY EDUCATORS
COMMUNITY REJOICED BECAUSE FINALLY WE

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HAD BEEN SEEN THE STATE OF TEXAS

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ALLOWED US TO STILL OPERATE BECAUSE IF
WE WERE CLOSED WHO WOULD CARE FOR THE
DOCTORS AND NURSES ELECTRICIAN AND

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ELECTED OFFICIALS CHILDREN. WE WERE

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GIVEN STRICTER GUIDELINES.. THEN IT WAS
ANNOUNCED THAT TEXAS WORKFORCE

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COMMISSION WOULD COVER THE CHILDCARE

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COST FOR ESSENTIAL WORKERS. I PASSED
THIS INFORMATION ALONG TO THE FAMILIES

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I SERVE BECAUSE AT THE TIME WE WERE
ONLY ALLOWED TO SERVE THE CENTRAL

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WORKERS. BECAUSE IT WAS NOT CLEARLY
STATED I HAD TO INVESTIGATE HOW MUCH MY

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CENTER WOULD BE REIMBURSED BY THE STATE
AND IF I COULD CHARGE THE PARENTS

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TUITION DIFFERENCE AFTER MANY PHONE
CALLS AND EMAILS I FOUND OUT THE TEXAS

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WORKFORCE COMMISSION WOULD ONLY BE

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PAYING THE STATE WAGE [INDISCERNIBLE]
AND I WAS NOT ALLOWED TO CHARGE THE

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PARENT THE TUITION DIFFERENCE. THESE

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ESSENTIAL WORKER PARENTS WHO ARE STILL
RECEIVING THEIR FULL PAY
[INDISCERNIBLE] WOULD NOT ALLOWED TO

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PAY THE DIFFERENCE OF $35 PER WEEK.
THIS MEANT I HAD TO PROVIDE THE SAME

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SERVICE BUT AT A 30 PERCENT LOWER INCOME

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DURING A TIME WHERE CLEANING AND COSTS
ARE RISING I HAD TO CUT COST SOMEWHERE.

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WITH THIS MEAN I'D HAVE TO CUT THE
HOURLY RATE OF MY ESSENTIAL EMPLOYEES
THE ACTUAL TEACHERS TAKING CARE OF THE

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CHILDREN? MY ENTIRE PROGRAM WAS AT RISK
ALONG WITH OTHER CENTERS ACROSS THE

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STATE. WHEN I ASKED WHY WE WERE NOT
ALLOWED TO ASK THE PARENTS TO PAY THE

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DIFFERENCE THEY EXPLAIN BY HELPING
OTHERS WE WERE HURTING US. I WAS TOLD

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THE TEXAS WORKFORCE COMMISSION HAD NOT
THOUGHT OF THIS BEFORE THAT THE TEXAS

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WORKFORCE COMMISSION ARE HUMAN AND YOU

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MAKE MISTAKES AND THE ESSENTIAL PARENTS
I'M SERVING RISK THEIR LIVES BY WORKING

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SO THEY DESERVE THIS BREAK. I ASSURE

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YOU THAT CHILDCARE PROVIDERS ARE
RISKING OUR LIVES MORE THAN A PARENT
WORKING FROM HOME. WE CANNOT SOCIALLY

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DISTANT FROM A TWO-YEAR-OLD WHO IS
HAVING A BAD DAY AND NEEDS HUGS. I URGE

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ALL OF YOU BEFORE YOU PASS ANYMORE

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BILLS LAWS OR GRANTS ACTUAL CHILDCARE
DIRECTORS THAT ARE ON THE FRONT LINE OF

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THE PANDEMIC. [INDISCERNIBLE] AND ANY

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OTHER NEW RULES THAT ARE BELOW
[INDISCERNIBLE] WILL DIRECTLY AFFECT

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THOUSANDS OF PEOPLE'S LIVES. I'D BE MORE
THAN HAPPY TO BE CONTACTED IN THE

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FUTURE TO ADVISE THE TEXAS WORKFORCE
COMMISSION IN ANY WAY I CAN. PLEASE

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ALLOW US TO PASS THE TUITION DIFFERENCE
TO THE PARENTS GIVING THEM A 70 PERCENT
DISCOUNT IS A GREAT WAY TO SAY THANK

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YOU AND ALLOWS US TO OPERATE FULLY
FUNDED. WHEN CAN WE START CHARGING THE

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PARENTS THE DIFFERENCE AND ANOTHER
CONCERN IS WHEN CAN WE CARE FOR

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NONESSENTIAL PARENTS CHILDREN. THAT IS

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ALL
>> THANK YOU.
>> [INDISCERNIBLE] ARE THERE ANY OTHER

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PUBLIC COMMENTS?
>> HEARING ON, LET'S MOVE TO AGENDA

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GOOD MORNING, MS. MILLER
>> GOOD MORNING SIR
>> [INDISCERNIBLE] NO CASES UNDER

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AGENDA ITEM 3

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>> WE HAVE [INDISCERNIBLE] UNDER AGENDA
ITEM 4 IS THAT CORRECT?

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>> THAT IS CORRECT

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>> ALL RIGHT, WE HAVE NO FAIR HOUSING

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CASES UNDER NUMBER FIVE IS THAT CORRECT?

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>> THAT'S CORRECT
>> WE WILL MOVE TO NUMBER SIX, CASES

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WILL BE HEARD ON DOCKET 19
>> THERE ARE NO CASES FOR PULLED FOR
DISCUSSION

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>> YOU SHOULD HAVE RECEIVED A SHORT
FORM DISSENT LIST FOR WAGE CLAIM PACES
ON DOCKET 19

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>> [INDISCERNIBLE] SECOND EXCEPT FOR

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THE CASES [INDISCERNIBLE] REFLECTED ON

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THE WAGE CLAIMS [INDISCERNIBLE] FOR
DOCKET 19
>> [INDISCERNIBLE] CASES IN WHICH WAGE

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CLAIMS [INDISCERNIBLE] FOR DOCKET 19
>> THE MOTION WITH THE EXCEPTION AS

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NOTED
>> THANK YOU
>> LET'S MOVE TO AGENDA ITEM 7

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CONSIDERATION OF DOCKET 19
>> THE FIRST CASE IS 245-7013,

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COMMISSIONER ALVAREZ
>> [INDISCERNIBLE] BECAUSE THE CLAIMANT

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DID NOT RECEIVE A DECISION

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[INDISCERNIBLE] REOPEN SHOULD BE DEEMED

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[INDISCERNIBLE] THE CLAIMANT
[INDISCERNIBLE] BECAUSE HE CALLED THE

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HEARING OFFICERS TO REGISTER FOR THE
HEARING PRIOR TO THE HEARING START TIME

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THE CLAIMANT THEN CALLED THE 800 NUMBER
TO REGISTER FOR THE HEARING IF YOU
MINUTES AFTER THE HEARING START TIME

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[INDISCERNIBLE] GOOD FAITH EFFORT
[INDISCERNIBLE] THE CLAIMANT PETITION

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REOPENED IS TIMELY THE CLAIMANT HAD
GOOD CALLS FOR NINE THE PARENTS
RESUBMIT THE MERITS

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>> [INDISCERNIBLE] SHOULD BE AFFIRMED I

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AGREE THE CLAIMANT [INDISCERNIBLE]

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REGARDING GOOD CAUSE MISREADING OF THE

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HEARING NOTICE INSTRUCTIONS WAS WITHIN
HIS POWER TO CONTROL HE DID NOT
ESTABLISH GOOD CAUSE FOR

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[INDISCERNIBLE] AS TO THE MERITS THE
AVAILABLE RECORD INDICATES SEPARATED

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FROM [INDISCERNIBLE] WHEN HE WAS ABSENT
AFTER HIS CAR BROKE DOWN WHILE HE WAS

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OUT OF TOWN [INDISCERNIBLE] REQUIRED

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[INDISCERNIBLE] ABSENTEEISM THEREFORE
REGARDLESS OF WHETHER WE VIEW THIS CASE

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AS [INDISCERNIBLE] OR DISCHARGE THE
DISQUALIFICATION IS APPROPRIATE SINCE

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THE CLAIMANT DID NOT TAKE STEPS TO

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PROTECT HIS JOB AND SINCE HIS
UNAPPROVED ABSENCE WILL BE DUE TO

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PERSONAL REASONS WE SHOULD AFFIRM THE

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DECISION [INDISCERNIBLE] CLAIMANT DID
NOT HAVE GOOD CAUSE FOR HIS

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NONAPPEARANCE [INDISCERNIBLE] AND NO

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CHARGE BACKS

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>> [INDISCERNIBLE] PETITION REOPENED
[INDISCERNIBLE] RESUBMIT

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>> THANK YOU, WE WILL RESUBMIT THE CASE

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>> THE NEXT CASE IS 246-1337,

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COMMISSIONER ALVAREZ
>> THE DECISION SHOULD BE MODIFIED THE

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CLAIMANT SON WAS [INDISCERNIBLE] THE

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EMPLOYER ASSISTED [INDISCERNIBLE] EARLY
MARCH 2018 IT APPEARS THE CLAIMANT WAS

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ELIGIBLE FOR [INDISCERNIBLE] THE
EMPLOYER DID NOT DISPUTE THE CLAIMANT

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WAS ELIGIBLE FOR [INDISCERNIBLE] THERE

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IS NO EVIDENCE [INDISCERNIBLE] COMPLIED
WITH ITS OBLIGATION [INDISCERNIBLE]

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BEGIN THE PROCESS BUT IT BECAME AWARE

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QUALIFYING EVENT HAD OCCURRED. BECAUSE
[INDISCERNIBLE] FAILED TO COMPLY WITH
THE OBLIGATIONS THE CLAIMANT HAD

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[INDISCERNIBLE] HAD TO QUIT TO BE WITH HIS

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SON MODIFY NO VOLUNTARY

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[INDISCERNIBLE] MINOR CHILD

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>> THE DECISION SHOULD BE AFFIRMED THE

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CLAIMANT [INDISCERNIBLE] BECAUSE HE WAS

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UPSET THE EMPLOYER WAS CONTACTING HIM
TO COME IN TO WORK. NEITHER OF THOSE

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REASONS [INDISCERNIBLE] THERE IS NO

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EVIDENCE [INDISCERNIBLE] REPORT TO WORK
WAS UNREASONABLE OR PARAMETERS OF THE

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CLAIMANTS AGREEMENT THE CLAIMANT ALSO
QUIT IMMEDIATELY WITHOUT PURSUING

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VOLUNTARY [INDISCERNIBLE] CONCERNS WITH

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A CHART OR REQUESTING LEGAL COUNCIL. I
WOULD NOT AGREE TO A [INDISCERNIBLE] IN

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THIS CASE NOT ONLY WAS REASONABLE

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ALTERNATIVE CARE AVAILABLE FOR THE
CHILD BUT THE MEDICAL DOCUMENTATION AND
EVIDENCE SHOWS THAT CHILD HAD BEEN

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DISCHARGED FROM THE [INDISCERNIBLE] A
MONTH BEFORE THEY RESIGNED. SINCE THE

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CLAIMANT MADE NO ATTEMPT TO PROTECT HIS
JOB OR PROVIDE AN OPPORTUNITY TO

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ADDRESS CONCERNS [INDISCERNIBLE]
VOLUNTARY LEAVING NO CHARGE BACKS
>> AFFIRMED THE [INDISCERNIBLE] NO

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CHARGE BACKS
>> LONG FORM DISSENT

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>> I HAVE A LONG FORM DISSENT FROM

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COMMISSIONER ALVAREZ. THE NEXT CASE IS

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246-2326, COMMISSIONER DEMERSON
>> THE DECISION OF THE CALL SHOULD BE

00:13:16.100 --> 00:13:18.100
REVERSED THE EMPLOYER [INDISCERNIBLE]

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BECAUSE HE WAS [INDISCERNIBLE] IT IS

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UNREASONABLE TO EXPECT [INDISCERNIBLE]
FOR A HEARING DURING A TIME WHICH HE IS

00:13:27.100 --> 00:13:29.100
PROCESSING [INDISCERNIBLE] THE EMPLOYER
HAD GOOD CAUSE FOR NONAPPEARANCE

00:13:33.100 --> 00:13:35.100
[INDISCERNIBLE] FOR ADDITIONAL MERITS
TESTIMONY THE ALTERNATIVE IF MY FELLOW

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[INDISCERNIBLE] ESTABLISH GOOD CAUSE

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[INDISCERNIBLE] REVERSAL ON THE JOB

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SEPARATION THE EMPLOYER PROVIDED
CREDIBLE DETAILED FIRSTHAND TESTIMONY

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REGARDING [INDISCERNIBLE] THAT
TESTIMONY SHOULD HOLD MORE WEIGHT OVER

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SWORN DENIAL BECAUSE THE CLAIMANTS
TESTIMONY IS CONTRADICTED BY EMAILS AND
TEXT MESSAGES OTHER COWORKERS I

00:14:01.100 --> 00:14:03.100
WOULD ALSO AGREE TO [INDISCERNIBLE] THE
DECISION NO GOOD CAUSE FOR THE EMPLOYER

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MISCONDUCT NO CHARGE BACKS

00:14:08.100 --> 00:14:10.100
[INDISCERNIBLE]
>> THE DECISION SHOULD BE AFFIRMED THE

00:14:16.100 --> 00:14:18.100
EMPLOYER TESTIFIED FORGOT

00:14:25.100 --> 00:14:28.100
ABOUT THE HEARING HE ALSO STATED IF HE HAD
NOT FORGOTTEN HE WOULD'VE PARTICIPATED
AS SUCH THE EMPLOYER DID NOT ESTABLISH

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GOOD CAUSE FOR NONAPPEARANCE REGARDING
THE JOB SITUATION THE PARTIES PROVIDED

00:14:32.100 --> 00:14:34.100
[INDISCERNIBLE] BOTH PARTIES HAD EQUAL

00:14:36.100 --> 00:14:38.100
CREDIBILITY IS SUPPORTABLE THEREFORE
SINCE BOTH PARTIES PRESENTED ONE

00:14:40.100 --> 00:14:42.100
FIRSTHAND WITNESS FAILED TO ESTABLISH

00:14:43.100 --> 00:14:45.100
MISCONDUCT BY THE PREPONDERANCE OF THE
EVIDENCE AFFIRM THE AT NO MISCONDUCT

00:14:47.100 --> 00:14:49.100
CHARGE BACK
>> EMPLOYER DID NOT ESTABLISH

00:14:57.100 --> 00:15:00.100
[INDISCERNIBLE] MISCONDUCT NO
CHARGE BACKS ADEQUATE RESPONSE
>> SHORT FORM DISSENT

00:15:08.100 --> 00:15:11.100
>> SHORTS FORM DISSENT FROM
COMMISSIONER ALVAREZ
>> CASE NUMBER 246-3522, COMMISSIONER

00:15:20.100 --> 00:15:22.100
ALVAREZ
>> I'M AFRAID SOMEONE NEEDS TO MUTE

00:15:26.100 --> 00:15:28.100
THEIR MICROPHONE
>> CASE NUMBER 246-3522, COMMISSIONER

00:15:42.100 --> 00:15:44.100
ALVAREZ
>> [INDISCERNIBLE] SHOULD BE REVERSED

00:15:55.100 --> 00:15:58.100
THE CLAIMANT RETURNED TO WORK DURING
THE BENEFIT WEEK ENDING SEPTEMBER 7,
2019 ON SEPTEMBER 9, 2019 THE CLAIMANT

00:15:58.100 --> 00:16:01.100
NOTIFIED THE COMMISSION HE HAD RETURNED
TO WORK THE CLAIMANT PROVIDED NOTICE HE
HAD RETURNED TO WORK AND WAS TOLD HE

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DID NOT NEED TO DO ANYTHING OTHER THAN
[INDISCERNIBLE] EVEN THOUGH THERE WAS

00:16:04.100 --> 00:16:06.100
AN OUTSTANDING REQUEST FOR A WORK

00:16:08.100 --> 00:16:10.100
[INDISCERNIBLE] UNDER APPEAL

00:16:12.100 --> 00:16:14.100
[INDISCERNIBLE] A CLAIMANT RETURNED TO
WORK DAY WITHIN SIX WEEKS REQUIRED

00:16:18.100 --> 00:16:20.100
[INDISCERNIBLE] THE CLAIMANT SHOULD NOT
BE HELD INELIGIBLE FOR [INDISCERNIBLE]

00:16:24.100 --> 00:16:27.100
FOR THE BENEFIT [INDISCERNIBLE] DURING
WHICH HE WAS NOT REQUIRED TO SEARCH FOR
WORK THE CLAIMANTS APPEAL SHALL BE

00:16:30.100 --> 00:16:32.100
[INDISCERNIBLE] REPORTING AND
OVERPAYMENT SHOULD BE AVOIDED REVERSE

00:16:35.100 --> 00:16:37.100
THE [INDISCERNIBLE] AND OVERPAYMENT

00:16:39.100 --> 00:16:41.100
DETERMINATION
>> [INDISCERNIBLE] THE REQUEST FOR A

00:16:49.100 --> 00:16:52.100
WORK SEARCH LOG WAS SENT TO THE
CLAIMANT BEFORE HE FILED HIS LAST
PAYMENT REQUEST WHILE STILL IN PAY

00:16:52.100 --> 00:16:55.100
STATUS THE CLAIMANT SHOULD BE CHECKING
HIS [INDISCERNIBLE] IN RESPONDING TO
THE REQUEST BECAUSE THE PAYMENT DID NOT

00:16:58.100 --> 00:17:00.100
ESTABLISH [INDISCERNIBLE] FAILED TO
CHECK HIS TWC INBOX [INDISCERNIBLE] AND

00:17:03.100 --> 00:17:05.100
WE DO NOT HAVE JURISDICTION TO CONSIDER

00:17:06.100 --> 00:17:08.100
THE UNDERLYING MERITS WE SHOULD AFFIRM

00:17:10.100 --> 00:17:12.100
THE DECISION [INDISCERNIBLE] NOT

00:17:13.100 --> 00:17:15.100
ELIGIBLE THROUGH AUGUST 24, 2019

00:17:19.100 --> 00:17:22.100
[INDISCERNIBLE] $507
>> REVERSE THE AT [INDISCERNIBLE]
>> I HAVE A MAJORITY VOTE TIMELY

00:17:38.100 --> 00:17:41.100
CLAIMANT APPEAL AVOID THE REPORTING AND
OVERPAYMENT DETERMINATIONS
>> SHORT FORM DISSENT ON THAT

00:17:48.100 --> 00:17:50.100
>> SHORT FORM DISSENT WITH COMMISSIONER

00:17:51.100 --> 00:17:53.100
DEMERSON

00:17:55.100 --> 00:17:57.100
>> NEXT CASE, 246-3795 COMMISSIONER

00:18:01.100 --> 00:18:03.100
DEMERSON
>> WE SHOULD REVERSE THE DECISION I

00:18:05.100 --> 00:18:07.100
AGREE THAT [INDISCERNIBLE]
DETERMINATION AS TO THE TIMELINESS OF

00:18:09.100 --> 00:18:11.100
PROTESTS [INDISCERNIBLE] WAS RETURNED
TO THE AGENCY BECAUSE IT WAS MAILED TO

00:18:15.100 --> 00:18:17.100
AN ADDRESS. THE EMPLOYER HAS PROVIDED

00:18:18.100 --> 00:18:21.100
[INDISCERNIBLE] THAT IT PREVIOUSLY
UPDATED ITS ADDRESS [INDISCERNIBLE]

00:18:23.100 --> 00:18:26.100
ACCORDINGLY BECAUSE THE EMPLOYER DID
NOT RECEIVE [INDISCERNIBLE] WE SHOULD

00:18:26.100 --> 00:18:28.100
REVERSE THE DECISION FILED

00:18:32.100 --> 00:18:35.100
THE TIMELY APPEAL [INDISCERNIBLE]
PROTEST TO THE NOTICE OF CLAIM RESUBMIT

00:18:35.100 --> 00:18:37.100
THE CASE FOR MERITS TESTIMONY
>> THE DECISION SHOULD BE MODIFIED THE

00:18:51.100 --> 00:18:54.100
EMPLOYER UPDATED THEIR ADDRESS DURING
THE APPEAL PERIOD THEREFORE THE
EMPLOYER FILED A TIMELY APPEAL

00:18:54.100 --> 00:18:57.100
REGARDING THE TIMELINESS OF THE PROTEST
THE EMPLOYER FAILED TO TIMELY UPDATE
THEIR ADDRESS. GIVEN THE EMPLOYER

00:19:02.100 --> 00:19:05.100
UPDATED THEIR ADDRESS FOR RELATED
ENTITY IT DOESN'T CHANGE THE OUTCOME IN
THE CASE. AS THE NOTICE WAS MAILED TO

00:19:05.100 --> 00:19:07.100
THE CORRECT ADDRESS OF RECORD AND THE

00:19:09.100 --> 00:19:12.100
[INDISCERNIBLE] FAILED TO RESPOND BY
THE DEADLINE THE EMPLOYER DID NOT FILE
THAT TIMELY [INDISCERNIBLE] MODIFY

00:19:12.100 --> 00:19:14.100
[INDISCERNIBLE] NO TIMELY PROTEST
>> REVERSE THE AT [INDISCERNIBLE]

00:19:25.100 --> 00:19:27.100
>> THANK YOU I HAVE A MAJORITY VOTE FOR
TIMELY APPEAL TIMELY PROTEST AND

00:19:29.100 --> 00:19:31.100
RESUBMIT
>> THE SIXTH CASE TODAY IS NUMBER

00:19:35.100 --> 00:19:37.100
247-1851, COMMISSIONER ALVAREZ
>> THE CLAIMANTS APPEAL SHOULD BE

00:19:52.100 --> 00:19:55.100
DEEMED TIMELY THE CLAIMANT REQUESTED
MEDICAL PROVIDER FACTS IN MEDICAL
DOCUMENTS TO THE COMMISSION ON HIS

00:19:55.100 --> 00:19:57.100
BEHALF ON OCTOBER 31, 2019. THIS WAS

00:19:59.100 --> 00:20:01.100
WITHIN THE APPEAL TIMEFRAME FOR THE
OCTOBER 21, 2019 THEREFORE THE

00:20:03.100 --> 00:20:05.100
[INDISCERNIBLE] DOCUMENTS ON OCTOBER 31
SHOULD CONSTITUTE A TIMELY APPEAL FROM

00:20:08.100 --> 00:20:10.100
THE CLAIMANT. WE SHOULD DEEM THE
CLAIMANT TIMELY AND RESUBMIT FOR MERITS

00:20:14.100 --> 00:20:16.100
TESTIMONY
>> [INDISCERNIBLE] THE CLAIMANTS

00:20:23.100 --> 00:20:26.100
CONFUSION DOES NOT CONSTITUTE AN
EXCEPTION TO THE TIMELINESS RULES THE
CLAIMANTS APPEAL IS NOT TIMELY WE DO

00:20:26.100 --> 00:20:29.100
NOT HAVE JURISDICTION TO CONSIDER THE
ONLINE MERIT WE SHOULD AFFIRM THE
DECISION THE CLAIMANT FILED THE LATE

00:20:30.100 --> 00:20:32.100
APPEAL VOLUNTARY LEAVING NO CHARGE BACKS

00:20:34.100 --> 00:20:36.100
>> COMMISSIONERS, I'M INFORMED BY

00:20:39.100 --> 00:20:41.100
COUNCIL OUR MEETING IS NOT
[INDISCERNIBLE] DUE TO TECHNICAL

00:20:43.100 --> 00:20:45.100
MALFUNCTION. I'M GOING TO ASK US TO
[INDISCERNIBLE] AND TAKE NO FURTHER

00:20:47.100 --> 00:20:49.100
ACTION. I APOLOGIZE, I WILL ASK YOU TO

00:20:52.100 --> 00:20:54.100
RESTATE THE VOTE. WE WILL STAND DOWN

00:20:55.100 --> 00:20:58.100
FOR JUST A MINUTE AND TRY TO RESOLVE
THIS TECHNICAL DIFFICULTY.

00:20:58.100 --> 00:21:00.100
>>[TECHNICAL DIFFICULTIES, PLEASE

00:25:10.100 --> 00:25:12.100
STANDBY]
>> I'M SHOWING WE ARE ON CASE 247-1851

00:29:32.100 --> 00:29:34.100
>> THAT IS CORRECT
>> IF IT'S ALL THE SAME TO YOU, LET'S

00:29:39.100 --> 00:29:42.100
BACK UP AND HAVE COMMISSIONER ALVAREZ
STATE HIS VOTE AGAIN SAME FOR

00:29:45.100 --> 00:29:47.100
COMMISSIONER DEMERSON AND THEY BOTH

00:29:48.100 --> 00:29:50.100
GIVEN THEIR RATIONALE AND THAT WILL
CATCH US UP IN AN APPROPRIATE WAY

00:29:52.100 --> 00:29:54.100
>> CASE NUMBER 247-1851, COMMISSIONER

00:29:56.100 --> 00:29:59.100
ALVAREZ
>> [INDISCERNIBLE]
>> COMMISSIONER ALVAREZ?

00:30:18.100 --> 00:30:20.100
>> I'M SHOWING HE HAS DROPPED OFF
>> LET'S PAUSE UP FOR JUST A SECOND,

00:30:27.100 --> 00:30:29.100
SORRY AND I WILL SEE IF WE CAN FIND
COMMISSIONER ALVAREZ

00:30:32.100 --> 00:30:34.100
>> [INDISCERNIBLE]

00:30:35.100 --> 00:30:38.100
>> I'M HEARING YOU
>> CAN YOU HEAR ME?

00:30:41.100 --> 00:30:43.100
>> I CAN HEAR YOU BUT I CAN'T SEE YOU

00:30:44.100 --> 00:30:46.100
>> I CAN'T SEE MYSELF EITHER WHICH IS

00:30:47.100 --> 00:30:50.100
OKAY
>> I CAN HEAR YOU A LOT BETTER
>> THAT'S IMPORTANT

00:30:50.100 --> 00:30:52.100
>> THERE IS NO ICON FOR THE SCREEN LIKE

00:31:03.100 --> 00:31:05.100
I GENERALLY HAVE.
>> COMMISSIONER, I'M GOING TO PAUSE

00:31:11.100 --> 00:31:13.100
AGAIN FOR TROUBLESHOOTING AND SEE IF WE
CAN FIGURE OUT, THERE IS YOUR VIDEO FEED

00:31:16.100 --> 00:31:18.100
>> NOW IT'S COMING UP

00:31:19.100 --> 00:31:21.100
>> THERE YOU ARE

00:31:22.100 --> 00:31:24.100
>> SORRY FOR THE INCONVENIENCE
>> I WILL START OVER WITH CASE NUMBER

00:31:40.100 --> 00:31:42.100
247-1851, COMMISSIONER ALVAREZ

00:31:49.100 --> 00:31:52.100
>> THE CLAIMANTS APPEAL SHOULD BE
DEEMED TIMELY THE CLAIMANT REQUESTED
MEDICAL PROVIDER FACTS AND DOCUMENTS TO

00:31:52.100 --> 00:31:54.100
THE COMMISSION ON HIS BEHALF ON OCTOBER
31, 2019 THIS WAS WITHIN THE APPEAL

00:31:55.100 --> 00:31:57.100
TIMEFRAME FOR [INDISCERNIBLE]

00:31:59.100 --> 00:32:02.100
DETERMINATION. THEREFORE THE MEDICAL
DOCUMENTS ON OCTOBER 31 [INDISCERNIBLE]
A TIMELY APPEAL FROM THE CLAIMANT WE

00:32:05.100 --> 00:32:07.100
SHOULD DEEM IT TIMELY AND RESUBMIT THE

00:32:08.100 --> 00:32:10.100
MERITS
>> SHERRY, I WILL [INDISCERNIBLE] WE

00:32:21.100 --> 00:32:24.100
SHOULD AFFIRM [INDISCERNIBLE] DECISION
CLAIMANTS [INDISCERNIBLE] DOES NOT
CONSTITUTE AN EXCEPTION TO THE

00:32:24.100 --> 00:32:27.100
TIMELINESS RULES BECAUSE THE APPEAL IS
NOT TIMELY WE DO NOT HAVE JURISDICTION
TO CONSIDER THE UNDERLYING MERITS. WE

00:32:27.100 --> 00:32:30.100
SHOULD AFFIRM THE DECISION CLAIMANT
FILED THE LATE APPEAL VOLUNTARY LEAVING

00:32:30.100 --> 00:32:32.100
NO CHARGE BACKS

00:32:36.100 --> 00:32:38.100
>> AFFIRM THE IT UNTIMELY CLAIMANT
APPEAL VOLUNTARY APPEAL NO CHARGE BACKS

00:32:39.100 --> 00:32:41.100
>> SHORT FORM DISSENT
>> I HAVE A SHORT FORM DISSENT FROM

00:32:43.100 --> 00:32:45.100
COMMISSIONER ALVAREZ

00:32:49.100 --> 00:32:51.100
>> CASE NUMBER SEVEN, 247-3979,

00:32:52.100 --> 00:32:54.100
COMMISSIONER ALVAREZ
>> REVERSE THE AT DECISION THE

00:33:05.100 --> 00:33:08.100
CLAIMANT LEFT HIS JOB WORKING OUT OF
TOWN FOR THE EMPLOYER IN ORDER TO
RETURN HOME TO TAKE CUSTODY OF HIS

00:33:08.100 --> 00:33:11.100
MINOR CHILD AFTER BEING NOTIFIED CPS
HAD REMOVED HIS SON FROM HIS MOTHERS
HOME BASED ON ALLEGATIONS THAT THE

00:33:11.100 --> 00:33:13.100
MOTHER WAS ABUSING THE CHILD. THE

00:33:16.100 --> 00:33:18.100
CLAIMANT HAS JOINT CUSTODY AND HAD NO
OTHER CHOICE BUT TO TAKE LEAVE FROM HIS

00:33:19.100 --> 00:33:21.100
JOB. IN ORDER TO HANDLE IT IN A

00:33:22.100 --> 00:33:24.100
COMPELLING MANNER INVOLVING HIS CHILD

00:33:26.100 --> 00:33:28.100
REVERSE THE AT NOT DISQUALIFY URGENT
COMPELLING AND NECESSARY

00:33:29.100 --> 00:33:31.100
>> WE SHOULD AFFIRM THE DECISION. I

00:33:41.100 --> 00:33:44.100
SYMPATHIZE WITH THE CLAIMANT SITUATION
AND CAN APPRECIATE HIS DECISION TO
LEAVE WORK TO ATTEND TO AN IMPORTANT

00:33:44.100 --> 00:33:47.100
FAMILY MATTER HOWEVER THE CLAIMANT QUIT
HIS JOB WHILE WORK WAS AVAILABLE FOR
[INDISCERNIBLE] NOT FOR GOOD CAUSE

00:33:47.100 --> 00:33:49.100
[INDISCERNIBLE] THEREFORE WE SHOULD
AFFIRM THE AT DECISION OF VOLUNTARY

00:33:51.100 --> 00:33:53.100
LEAVING
>> AFFIRM THE VOLUNTARY LEAVING

00:33:54.100 --> 00:33:56.100
>> SHORT FORM DISSENT

00:33:58.100 --> 00:34:00.100
>> THANK YOU SHORT FORM DISSENT FROM
COMMISSIONER ALVAREZ

00:34:01.100 --> 00:34:03.100
>> NEXT CASE, CASE NUMBER 247-5828..

00:34:17.100 --> 00:34:20.100
COMMISSIONER DEMERSON
>> THE COMMISSION SHOULD
[INDISCERNIBLE] IN THIS CASE THE

00:34:20.100 --> 00:34:23.100
CLAIMANT WAS DISCHARGED FOR FAILURE TO
COMPLETE HIS BADGE CHECKING DUTIES THE
EMPLOYER OFFERED TO SHARE VIDEO

00:34:23.100 --> 00:34:25.100
EVIDENCE OF [INDISCERNIBLE] SINCE THE
VIDEO WOULD PROVIDE VISUAL EVIDENCE OF

00:34:26.100 --> 00:34:29.100
THE BAG CHECKING ACTIVITY HOLD A
REHEARING FOR THE VIDEO EVIDENCE
>> THE DECISION SHOULD BE AFFIRMED. THE

00:34:48.100 --> 00:34:51.100
EMPLOYER ALLEGED THE CLAIMANT
[INDISCERNIBLE] CHECKING BAGS HOWEVER
THEY FAILED TO PROVIDE FIRST-HAND

00:34:51.100 --> 00:34:54.100
WITNESSES AND TO PROVIDE ANY EVIDENCE
THE CLAIMANT HAD BEEN TRAINED OR
INSTRUCTED TO CHECK BAGS IN A

00:34:54.100 --> 00:34:57.100
PARTICULAR WAY THE EMPLOYER WITNESSES
WERE NOT INVOLVED IN THE CLAIMANTS
DISCHARGE. THE CLAIMANT PROVIDED

00:34:57.100 --> 00:34:59.100
CREDIBLE FIRST-HAND TESTIMONY THAT HE
CONDUCTED THE BAG CHECK IN ACCORDANCE

00:35:00.100 --> 00:35:03.100
WITH THE TRAINING AND INSTRUCTIONS HE
RECEIVED THEREFORE THE EMPLOYER IS NOT
[INDISCERNIBLE] AFFIRM THE AT NO

00:35:03.100 --> 00:35:05.100
MISCONDUCT CHARGES
>> REHEAR TO OBTAIN THE VIDEO EVIDENCE

00:35:10.100 --> 00:35:12.100
>> WE WILL REHEAR THE CASE

00:35:13.100 --> 00:35:15.100
>> THE NEXT CASE IS 247-6161.

00:35:18.100 --> 00:35:20.100
COMMISSIONER DEMERSON
>>. THE APPEAL DECISION SHOULD BE

00:35:26.100 --> 00:35:28.100
REVERSED THE CLAIMANT WAS DISCHARGED
FOR PROCESSING EXCESSIVE AMOUNTS OF

00:35:29.100 --> 00:35:31.100
REFUNDS THE EMPLOYER-PROVIDED TESTIMONY
THE CLAIMANT WAS TRAINED IN REFUNDS THE

00:35:32.100 --> 00:35:34.100
CLAIMANT DID NOT SHOW UP FOR HEARING OR

00:35:40.100 --> 00:35:42.100
FACT-FINDING STATEMENT. GIVEN LESS

00:35:46.100 --> 00:35:49.100
WEIGHT THE EMPLOYER ALSO TESTIFIED THE
CLAIMANT WAS INSTRUCTED TO
[INDISCERNIBLE] THE ORIGINAL RECEIPT TO

00:35:49.100 --> 00:35:51.100
THE REFUND ORDERS BUT THERE WAS NO
RECEIPT AVAILABLE FOR A REFUND. THE

00:35:54.100 --> 00:35:57.100
CLAIMANTS MISMANAGEMENT OF THE REFUND
PROCESS COST HUNDREDS OF DOLLARS OVER A
TWO-MONTH PERIOD AND CONSTITUTED

00:35:58.100 --> 00:36:00.100
MISCONDUCT. [INDISCERNIBLE] REVERSE

00:36:01.100 --> 00:36:04.100
THE DECISION MISCONDUCT NO CHARGE BACKS
ADEQUATE EMPLOYER RESPONSE
>> THE DECISION SHOULD BE AFFIRMED THE

00:36:11.100 --> 00:36:13.100
EMPLOYER TESTIFIED THE CLAIMANT WAS
DISCHARGED FOR HAVING HIGHER THAN

00:36:15.100 --> 00:36:18.100
AVERAGE REFUNDS. THE EMPLOYER DID NOT
PRESENT EVIDENCE OF POLICY THAT THE

00:36:21.100 --> 00:36:24.100
CLAIMANT ALL RELATED. HALF OF THE
REFUNDS WOULD BE HIGHER THAN AVERAGE

00:36:24.100 --> 00:36:26.100
THEREFORE THIS WOULD NOT BE IN GOOD

00:36:32.100 --> 00:36:35.100
BASIS FOR DISCIPLINARY ACTION THE
EMPLOYER FAILED TO WARN THE CLAIMANT
HOW SHE WAS PROCESSING REFUNDS WITHOUT

00:36:35.100 --> 00:36:37.100
EVIDENCE THE CLAIMANT WAS VIOLATING THE

00:36:39.100 --> 00:36:41.100
POLICY. THE EMPLOYER [INDISCERNIBLE] NO
MISCONDUCT [INDISCERNIBLE]

00:36:46.100 --> 00:36:49.100
>> REVERSE THE AT MISCONDUCT NO
CHARGE BACKS ADEQUATE RESPONSE

00:36:51.100 --> 00:36:53.100
>> SHORT FORM DISSENT FROM COMMISSIONER

00:36:55.100 --> 00:36:57.100
ALVAREZ
>> NEXT CASE, 247-8056. COMMISSIONER

00:37:09.100 --> 00:37:12.100
ALVAREZ
>> THE AT DECISION SHOULD BE REVERSED
THE CLAIMANT EVENTUALLY QUIT AFTER THE

00:37:12.100 --> 00:37:14.100
EMPLOYER CONTINUED TO SHORT HER ON HER
PAYCHECKS. THIS HAD BEEN AN ONGOING

00:37:15.100 --> 00:37:17.100
ISSUE FOR MONTHS AND THE EMPLOYER WAS

00:37:19.100 --> 00:37:21.100
SHORTING THE CLAIMANTS ON HER PAY OR
ARGUING WITH THE CLAIMANT ABOUT PAYING

00:37:22.100 --> 00:37:24.100
HER FOR THE HOURS SHE ACTUALLY WORKED

00:37:26.100 --> 00:37:28.100
EACH WEEK. THE CLAIMANT COMPLAINED
MULTIPLE TIMES TO THE EMPLOYER YET THE

00:37:29.100 --> 00:37:31.100
PROBLEMS WITH HER PAY CONTINUED. THE

00:37:34.100 --> 00:37:37.100
CLAIMANT FINALLY QUIT AFTER THE PAY WAS
AGAIN SHORT FOR HER FINAL TWO WEEKS
THEREFORE THE CLAIMANT HAD GOOD CAUSE

00:37:42.100 --> 00:37:45.100
REVERSE THE AT NO VOLUNTARY LEAVE
[INDISCERNIBLE]
>> THE AT DECISION SHOULD BE AFFIRMED

00:37:45.100 --> 00:37:47.100
THE CLAIMANT RESIGN BEFORE GIVING THE

00:37:49.100 --> 00:37:51.100
EMPLOYER [INDISCERNIBLE] TO ADDRESS HER

00:37:55.100 --> 00:37:58.100
CONCERNS SHE DID NOT ESTABLISH GOOD
CAUSE CONNECTED WITH WORK OR QUITTING
WE SHOULD AFFIRM THE DECISION VOLUNTARY

00:37:58.100 --> 00:38:00.100
LEAVING AND NO CHARGE BACKS
>> NO VOLUNTARY LEAVING CHARGE BACKS

00:38:04.100 --> 00:38:06.100
[INDISCERNIBLE]
>> SHORT FORM

00:38:09.100 --> 00:38:11.100
>> SHORT FORM DISSENT FROM COMMISSIONER
DEMERSON

00:38:14.100 --> 00:38:16.100
>> NEXT CASE IS 247-8600. COMMISSIONER

00:38:20.100 --> 00:38:22.100
ALVAREZ
>> THE DECISION SHOULD BE REVERSED THE

00:38:23.100 --> 00:38:25.100
EMPLOYER PRESENTED ONLY HEARSAY

00:38:27.100 --> 00:38:29.100
TESTIMONY [INDISCERNIBLE] THE DISTRICT

00:38:44.100 --> 00:38:47.100
MANAGER WHO TESTIFIED BEFORE THE AT
DID NOT CONTACT THE INVESTIGATION DID
NOT INTERVIEW THE CLAIMANT REGARDING

00:38:47.100 --> 00:38:50.100
ALLEGATIONS THE CLAIMANT DENIED UNDER
OATH HE WAS AWARE HIS PURCHASE WERE
IMPROPERLY [INDISCERNIBLE] THE CLAIMANT

00:38:50.100 --> 00:38:52.100
[INDISCERNIBLE] NOT HIS OWN RETAIL

00:38:54.100 --> 00:38:57.100
LOCATION [INDISCERNIBLE] IN A
DOCUMENTARIAN EVIDENCE SHOWED THE

00:38:57.100 --> 00:39:00.100
CLAIMANT WAS RESPONSIBLE FOR
TRANSFERRING MERCHANDISE

00:39:00.100 --> 00:39:02.100
[INDISCERNIBLE] OR SETTING THE PRICE

00:39:05.100 --> 00:39:07.100
[INDISCERNIBLE] THE CLAIMANT WRONGDOING
GREATER WEIGHT THAN THE EMPLOYER'S

00:39:09.100 --> 00:39:11.100
HEARSAY. THE EMPLOYER FAILED TO CARRY

00:39:20.100 --> 00:39:23.100
MISCONDUCT REVERSE THE AT NO
MISCONDUCT CHARGES
>> THE APPEAL TRIBUNAL SHOULD BE

00:39:23.100 --> 00:39:26.100
AFFIRMED. THE CLAIMANT WAS DISCHARGED
FOR ACTIVITY SURROUNDING THE RECEIPT OF
UNAUTHORIZED DISCOUNTS. THE EMPLOYER

00:39:26.100 --> 00:39:28.100
TESTIFIED THE CLAIMANT KNOWING
THE DISCOUNTS HE SAVED OF NINE

00:39:32.100 --> 00:39:34.100
PERCENT WERE UNAUTHORIZED.. THE

00:39:37.100 --> 00:39:40.100
EMPLOYER TESTIFIED THE INVESTIGATION
REVEALED THE UNAUTHORIZED DISCOUNT
ACTIVITY RESULTED IN THE TERMINATION OF

00:39:40.100 --> 00:39:42.100
NINE EMPLOYEES THE CLAIMANTS ACTIONS

00:39:43.100 --> 00:39:45.100
CONSTITUTE WORK MISCONDUCT AND WE
SHOULD THEREFORE AFFIRM THE DECISIONS

00:39:46.100 --> 00:39:48.100
MISCONDUCT NO CHARGE BACKS
>> FROM THE AT MISCONDUCT KNOWS

00:39:54.100 --> 00:39:56.100
CHARGE BACKS
>>- SHORT FORM DISSENT FOR

00:39:58.100 --> 00:40:00.100
COMMISSIONER ALVAREZ

00:40:03.100 --> 00:40:05.100
>> THE NEXT CASE IS 248-0269

00:40:11.100 --> 00:40:14.100
COMMISSIONER ALVAREZ
>> THE AT DECISION SHOULD BE MODIFIED
THE CLAIMANT WHEN OUT ON MEDICAL LEAVE

00:40:14.100 --> 00:40:16.100
[INDISCERNIBLE] SHE THEN RETURNED TO

00:40:17.100 --> 00:40:19.100
WORK TO HER JOB ON NOVEMBER 27 WHILE

00:40:23.100 --> 00:40:25.100
THE CLAIMANT WAS WORKING THE MANAGER ON
DUTY NOTICED SHE STILL APPEARED TO BE

00:40:27.100 --> 00:40:29.100
SICK SO THE MANAGER SENT HER HOME

00:40:30.100 --> 00:40:32.100
BECAUSE IT WAS UNSAFE FOR THE CLAIMANT
TO WORK AROUND FOOD IN THE EMPLOYER'S

00:40:33.100 --> 00:40:36.100
RESTAURANT. THE MANAGER ADVISED THE
CLAIMANT SHE COULD NOT RETURN UNTIL SHE

00:40:39.100 --> 00:40:41.100
HAD A DOCTORS RELEASE. THE CLAIMANT WAS
TAKEN OFF THE SCHEDULE FOR THE NEXT TWO

00:40:43.100 --> 00:40:45.100
WEEKS [INDISCERNIBLE] THEREFORE THE

00:40:46.100 --> 00:40:49.100
CLAIMANT CONTINUED CLAIM SATURATION
OCCURRED WHEN SHE WAS SENT HOME. AND
THEN REMOVED FROM THE SCHEDULE DUE TO

00:40:55.100 --> 00:40:57.100
THE EMPLOYER [INDISCERNIBLE] SUCH

00:40:58.100 --> 00:41:00.100
SEPARATION IS A DISCHARGE FOR REASONS
OTHER THAN [INDISCERNIBLE] MODIFY

00:41:03.100 --> 00:41:05.100
MISCONDUCT [INDISCERNIBLE] CLAIMANT NOT

00:41:08.100 --> 00:41:10.100
ABLE TO WORK [INDISCERNIBLE]
>> THE APPEAL TRIBUNAL CONFIRMED THE

00:41:18.100 --> 00:41:21.100
EMPLOYER'S TESTIMONY REVEALS THAT AFTER
BEING RELEASED BACK TO WORK THE
CLAIMANT DID NOT SHOW UP FOR HER

00:41:21.100 --> 00:41:23.100
ASSIGNED SCHEDULE. THE CLAIMANT

00:41:25.100 --> 00:41:27.100
VOLUNTARILY QUIT HER JOB. THE RECORD

00:41:29.100 --> 00:41:32.100
SUPPORTS AFFIRMING THAT ISSUE. WE
SHOULD AFFIRM THE DECISION VOLUNTARY

00:41:32.100 --> 00:41:34.100
LEAVING CLAIMANT NOT ABLE TO WORK FROM

00:41:37.100 --> 00:41:40.100
NOVEMBER 24, 2019 [INDISCERNIBLE]
DECEMBER 7, 2019 OVERPAYMENT
>> MODIFY THE AT NO MISCONDUCT

00:41:50.100 --> 00:41:52.100
[INDISCERNIBLE] RECALCULATE THE

00:41:54.100 --> 00:41:56.100
OVERPAYMENT
>> COMMISSIONER DEMERSON, DISSENT?

00:42:03.100 --> 00:42:06.100
>> I WILL SHORT FORM
>> SHORT FORM ON THE JOB SEPARATION
>> SHORT FORM DISSENT FROM COMMISSIONER

00:42:12.100 --> 00:42:14.100
DEMERSON ON THE JOB SEPARATION

00:42:17.100 --> 00:42:19.100
>> NEXT CASE 248-2790. COMMISSIONER

00:42:23.100 --> 00:42:26.100
DEMERSON
>> WE SHOULD REVERSE THE TRIBUNAL
DECISION PAYMENT WAS DISCHARGED AFTER

00:42:29.100 --> 00:42:31.100
THE ALLEGATIONS [INDISCERNIBLE] WERE
CONFIRMED BY COMPREHENSIVE AGENCY

00:42:33.100 --> 00:42:35.100
[INDISCERNIBLE] NOT SURPRISINGLY THE

00:42:37.100 --> 00:42:39.100
CLAIMANT DENIED THE ALLEGATION.

00:42:41.100 --> 00:42:44.100
EMPLOYER PROVIDED A COPY OF THE
INVESTIGATIVE REPORT WHICH INCLUDED
MULTIPLE WITNESS STATEMENTS AND A

00:42:44.100 --> 00:42:47.100
DESCRIPTION OF THE VIDEO
[INDISCERNIBLE]. THIS EVIDENCE WAS MORE
THAN ENOUGH TO OVERCOME THE CLAIMANT

00:42:51.100 --> 00:42:53.100
DENIAL. [INDISCERNIBLE] THE CLAIMANT

00:42:55.100 --> 00:42:57.100
PHYSICALLY ABUSE THE RESIDENT WATER
INTERFACE [INDISCERNIBLE] AS PUNISHMENT

00:42:59.100 --> 00:43:01.100
[INDISCERNIBLE] DISCHARGE FOR
MISCONDUCT [INDISCERNIBLE] WE SHOULD

00:43:02.100 --> 00:43:04.100
REVERSE THE DECISION MISCONDUCT

00:43:05.100 --> 00:43:07.100
REIMBURSE THE EMPLOYER NOT BILLED

00:43:19.100 --> 00:43:21.100
[INDISCERNIBLE]
>> MS. MILLER, WHAT WAS THE RESULT FOR

00:43:25.100 --> 00:43:27.100
COMMISSIONER DEMERSON, I COULD NOT HEAR

00:43:28.100 --> 00:43:30.100
>> COMMISSIONER DEMERSON PLEASE REPEAT

00:43:31.100 --> 00:43:33.100
YOUR VOTE
>> REVERSE THE AT DECISION

00:43:34.100 --> 00:43:36.100
[INDISCERNIBLE] REIMBURSE THE EMPLOYER

00:43:39.100 --> 00:43:41.100
NOT BILLED ADEQUATE EMPLOYER RESPONSE

00:43:55.100 --> 00:43:58.100
>> THANK YOU
>> THE DECISION SHOULD BE A FROM THE
CLAIMANT PROVIDED FIRST-HAND TESTIMONY

00:43:58.100 --> 00:44:01.100
SHE DID NOT ABUSE THE PATIENT AND WAS
OFFERING THE PATIENT WATER TO WASH HER
HANDS. THE EMPLOYER CHOSE NOT TO

00:44:01.100 --> 00:44:04.100
PRESENT FIRST-HAND TESTIMONY AS SUCH
THE EMPLOYER HAS NOT SHOWN MISCONDUCT
AFFIRM THE AT NO MISCONDUCT NO

00:44:04.100 --> 00:44:07.100
REIMBURSING
>> REVERSE THE AT MISCONDUCT
REIMBURSE THE EMPLOYER NOT

00:44:08.100 --> 00:44:10.100
[INDISCERNIBLE]
>> SHORT FORM DISSENT BY COMMISSIONER

00:44:15.100 --> 00:44:17.100
ALVAREZ
>> THE LAST CASE PULLED FOR DISCUSSION

00:44:20.100 --> 00:44:22.100
ON TODAY'S DOCKET, 248-3101,

00:44:26.100 --> 00:44:28.100
COMMISSIONER ALVAREZ
>> THE AT DECISION ON THE SEPARATION

00:44:29.100 --> 00:44:32.100
ISSUE SHOULD BE REVERSED. THE CLAIMANT
IS AN OLDER EMPLOYEE WITH HEALTH

00:44:32.100 --> 00:44:35.100
PROBLEMS WHO NEEDED HELP PERFORMING
CERTAIN JOB DUTIES DUE TO HIS PHYSICAL

00:44:37.100 --> 00:44:40.100
LIMITATIONS. WHEN HE ASKED THE STORE
MANAGER FOR HELP THE STORE MANAGER TOLD
HIM TO QUIT. OR BE FIRED THE EVIDENCE

00:44:44.100 --> 00:44:46.100
INDICATED THE EMPLOYER REFUSED TO ALLOW
THE CLAIMANT TO USE [INDISCERNIBLE]

00:44:47.100 --> 00:44:49.100
THAT HE WAS LEGALLY ENTITLED TO.

00:44:50.100 --> 00:44:52.100
GENERAL MANAGER AND OF UNREASONABLE

00:44:57.100 --> 00:44:59.100
[INDISCERNIBLE] FOR REASONABLE
ACCOMMODATIONS GAVE THE CLAIMANT GOOD

00:45:00.100 --> 00:45:02.100
CAUSE CONNECTED TO RESIGN. MODIFY THE
AT NO VOLUNTARY LEAVING CHARGE BACKS.

00:45:10.100 --> 00:45:13.100
RULING ON ALTERNATE BASED
[INDISCERNIBLE]
>> THE APPEAL TO RENDER A DECISION

00:45:13.100 --> 00:45:16.100
SHOULD BE MODIFIED I AGREE THE
ALTERNATE BASE PERIOD ISSUE SHOULD BE
SEVERED AS TO THE JOB SEPARATION THE

00:45:16.100 --> 00:45:18.100
PREPONDERANCE OF THE EVIDENCE
ESTABLISHED THE CLAIMANT DID NOT.

00:45:23.100 --> 00:45:26.100
[INDISCERNIBLE] INADEQUATE OPPORTUNITY
TO REMEDY HIS CONCERNS WE SHOULD MODIFY
THE AT DECISION [INDISCERNIBLE] THOUGH

00:45:27.100 --> 00:45:30.100
CHARGE BACKS SEVERED THE ALTERNATE BASE
PERIOD ISSUE
>> MODIFY THE AT VOLUNTARY LEAVING NO

00:45:36.100 --> 00:45:38.100
CHARGE BACKS [INDISCERNIBLE]
>> SHORT FORM DISSENT FOR COMMISSIONER

00:45:47.100 --> 00:45:49.100
ALVAREZ
>> THANK YOU, THAT WAS THE LAST CASE,

00:45:51.100 --> 00:45:54.100
YOU SHOULD HAVE RECEIVED THE SHORT FORM
DISSENT LIST FOR DOCKET 19
>> STAFF RECOMMENDATIONS ON THE

00:45:56.100 --> 00:45:58.100
REMAINING CASES ON DOCKET 19

00:46:01.100 --> 00:46:03.100
>> SECOND EXCEPT FOR THE CASES ON WHICH

00:46:04.100 --> 00:46:06.100
I AM DISSENTING AS REFLECTED ON THE

00:46:10.100 --> 00:46:13.100
[INDISCERNIBLE] FOR DOCKET 19
>> THE CHAIRMAN IS MOTION EXCEPT FOR
THE CASES DISSENTING AS REFLECTED IN

00:46:17.100 --> 00:46:20.100
THE SHORT FORM DISSENT WAS FOR DOCKET 19
>> THE MOTION PASSES WITH THE
EXCEPTIONS NOTED

00:46:20.100 --> 00:46:22.100
>> THANK YOU THIS BRINGS US TO THE END
OF THE AGENDA ITEM 7. LET'S MOVE TO

00:46:30.100 --> 00:46:32.100
AGENDA ITEM 8. DISCUSSION CONCERNING

00:46:34.100 --> 00:46:36.100
POSSIBLE ACTION REGARDING PROGRAM YEAR

00:46:39.100 --> 00:46:42.100
2020 [INDISCERNIBLE] MODIFICATIONS
ESTIMATES AND FUNDING DISTRIBUTIONS TO
LOCAL WORKFORCE DEVELOPMENT AREAS

00:46:42.100 --> 00:46:44.100
>> CHRIS NELSON, ARE YOU ON?
>> MR. CHAIRMAN, WE MAY GO ON TO THE

00:47:13.100 --> 00:47:16.100
[INDISCERNIBLE] ITEM AND I WILL SEE
WHERE CHRIS IS AT
>> [INDISCERNIBLE]

00:47:20.100 --> 00:47:22.100
>> CO ON TO THE NEXT AGENDA ITEM, THE

00:47:26.100 --> 00:47:28.100
COVID-19 [INDISCERNIBLE] AND I WILL SEE
WHERE CHRIS IS

00:47:31.100 --> 00:47:33.100
>> [INDISCERNIBLE] ITEM 9, WE WILL TAKE

00:47:35.100 --> 00:47:37.100
UP ITEM 10 WHILE WE ARE DEALING WITH
THE TECHNICAL DIFFICULTIES WITH CHRIS

00:47:39.100 --> 00:47:41.100
DISCUSSION ON ITEMS FREE RESOURCE

00:47:46.100 --> 00:47:49.100
UTILIZATION AND IMPLEMENTATION OF
SERVICES AND STRATEGIES TO TARGET
DISASTER RELIEF EFFORTS AND PUBLIC

00:47:49.100 --> 00:47:51.100
HEALTH EMERGENCIES [INDISCERNIBLE].

00:47:53.100 --> 00:47:55.100
>> BEFORE? GET STARTED, I WAS GOING TO
ASK EVERYONE ON THE CALL TO MUTE YOUR

00:48:01.100 --> 00:48:03.100
PHONES. BECAUSE I'M SEEING A LOT OF

00:48:07.100 --> 00:48:10.100
OTHER PEOPLE [INDISCERNIBLE] IT WE GET
A LOT OF BACKGROUND NOISE
>> I THINK CHRIS NELSON IS READY. HE

00:48:32.100 --> 00:48:34.100
GOT KNOCKED OFF THE CALL. IF WE COULD

00:48:35.100 --> 00:48:37.100
GO BACK TO THAT AGENDA ITEM. WE ARE

00:48:39.100 --> 00:48:42.100
BACK TO NUMBER EIGHT AS STATED
PREVIOUSLY

00:48:45.100 --> 00:48:47.100
>> GOOD MORNING CHAIRMAN, CHRIS NELSON,
CHIEF FINANCIAL OFFICER. CAN YOU HEAR

00:48:50.100 --> 00:48:52.100
ME? THIS MORNING, YOU HAVE BEFORE YOU

00:48:55.100 --> 00:48:58.100
THE FY 21 2020 ALLOCATIONS FOR
[INDISCERNIBLE] ADULT USE AND

00:49:00.100 --> 00:49:02.100
DISLOCATED WORKER RAPID RESPONSE

00:49:03.100 --> 00:49:05.100
DISTRIBUTIONS AND ADULT EDUCATION

00:49:06.100 --> 00:49:08.100
LITERACY PLANNING ESTIMATES. THESE GO
INTO CONTRACTS EFFECTIVE JULY 1, 2020.

00:49:10.100 --> 00:49:12.100
PAGE 1 OF THE DOCUMENT IS A SUMMARY OF

00:49:13.100 --> 00:49:15.100
THE ADULT DISLOCATED WORKER TOTAL

00:49:16.100 --> 00:49:18.100
ALLOCATIONS. PAGES TWO THROUGH FOUR ARE
THE INDIVIDUAL ALLOCATIONS BY LOCAL

00:49:21.100 --> 00:49:23.100
AREA. A FEW THINGS TO NOTE, THESE

00:49:24.100 --> 00:49:26.100
AMOUNTS REFLECT AN OVERALL 7.5 PERCENT

00:49:29.100 --> 00:49:31.100
REDUCTION WE ALLOTMENTS MAINLY COMING
FROM THE TEXAS ALLOTMENT OF ADULT YOUTH

00:49:33.100 --> 00:49:35.100
FUNDING. DISLOCATED WORKER FUNDING ALSO

00:49:36.100 --> 00:49:38.100
RECEIVED A SLIGHT REDUCTION BUT SMALLER
THAN THE ADULT YOUTH FUNDING. THESE

00:49:39.100 --> 00:49:41.100
ALLOCATIONS OF THESE AMOUNTS REFLECT

00:49:44.100 --> 00:49:46.100
[INDISCERNIBLE] 2019 AS ECONOMY WAS
GOING VERY WELL IN TEXAS TO WITH THE

00:49:48.100 --> 00:49:50.100
FACTORS 66 PERCENT OF THE ADULT YOUTH

00:49:52.100 --> 00:49:54.100
ALLOCATIONS SHOW REDUCED COUNTIES IN

00:49:56.100 --> 00:49:58.100
THE AREAS OF SUBSTANTIAL UNEMPLOYMENT
AND REDUCED NUMBERS OF EXCESS

00:49:59.100 --> 00:50:01.100
UNEMPLOYMENT IN AREAS OF SUBSTANTIAL

00:50:04.100 --> 00:50:07.100
UNEMPLOYMENT THIS ACCOUNTS FOR THE
INCREASES AND DECREASES BY LOCAL AREA
ADULT YOUTH ALONG WITH THE REDUCED

00:50:07.100 --> 00:50:09.100
ALLOTMENT. ON PAGE 5 YOU HAVE RAPID

00:50:13.100 --> 00:50:15.100
RESPONSE DISTRIBUTION WHICH REPRESENTS
1.25 PERCENT OF THE DISLOCATED WORKER

00:50:16.100 --> 00:50:18.100
ALLOTMENT LIKE WE DID LAST YEAR.

00:50:20.100 --> 00:50:22.100
STARTING ON PAGE 6 YOU HAVE THE
PLANNING ESTIMATES FOR ADULT EDUCATION.

00:50:27.100 --> 00:50:30.100
WE SHOULD BE RECEIVING THE FINAL
ALLOTMENT IN THE NEXT FEW WEEKS AT
WHICH POINT WE WILL BRING THE FINAL

00:50:33.100 --> 00:50:35.100
DOCUMENT [INDISCERNIBLE]. FOR ADL THE

00:50:37.100 --> 00:50:40.100
PLANNING ASSESSMENT ALLOTMENT IS 1.2
PERCENT HIGHER THAN LAST YEAR SLIGHTLY
MORE THAN WE GOT COMPARED TO WHAT

00:50:44.100 --> 00:50:47.100
HAPPENED ON [INDISCERNIBLE]. THAT
CONCLUDES MY REMARKS AND I'M HAPPY TO
ANSWER ANY QUESTIONS

00:50:47.100 --> 00:50:49.100
>> FURTHER QUESTIONS OR COMMENTS?
>> NO QUESTIONS

00:50:55.100 --> 00:50:57.100
>> DO WE HAVE A MOTION?
>> I MOVE THAT WE APPROVE FISCAL YEAR

00:51:04.100 --> 00:51:06.100
2021, FISCAL YEAR 2020 BLOCK GRANT

00:51:13.100 --> 00:51:16.100
ALLOCATIONS DISTRIBUTIONS AND FUNDING
ESTIMATES FOR [INDISCERNIBLE] ADULT
YOUTH AND DISLOCATED WORKER RAPID

00:51:16.100 --> 00:51:18.100
RESPONSE AS DISCUSSED BY STAFF AND

00:51:23.100 --> 00:51:26.100
ORDERED THE EXECUTIVE DIRECTOR TO
ADMINISTER THE BLOCK GRANT ALLOCATIONS
IN THE MOST FEASIBLE ECONOMIC MANNER

00:51:26.100 --> 00:51:28.100
WITHIN ALL GUIDELINES DESCRIBED BY
[INDISCERNIBLE] APPROPRIATIONS ACT 86

00:51:31.100 --> 00:51:34.100
LEGISLATURE REGISTER SESSION TEXAS
LABOR CODE AND TWC RULES
>> SECOND

00:51:34.100 --> 00:51:36.100
>> WE ARE UNANIMOUS THANK YOU
>> LET'S GO BACK TO NUMBER 10 AS

00:51:41.100 --> 00:51:44.100
PREVIOUSLY STATED
>> CLAY COLE AND THEN COURTNEY
>> GOOD MORNING COMMISSIONERS. GOOD

00:52:05.100 --> 00:52:07.100
MORNING. [INDISCERNIBLE] CLAY COLE

00:52:09.100 --> 00:52:11.100
UNEMPLOYMENT INSURANCE. YOU EXPERIENCE

00:52:13.100 --> 00:52:15.100
A DOWNTURN IN CLAIMS OVER THE PAST WEEK
HOWEVER LEVELS ARE MUCH HIGHER THAN

00:52:17.100 --> 00:52:19.100
PRE-COVID-19 DAYS. [INDISCERNIBLE]

00:52:20.100 --> 00:52:22.100
TEAMS DEPLOYED THE PANDEMIC EMERGENCY
UNEMPLOYMENT COMPENSATION OF PROGRAM

00:52:25.100 --> 00:52:27.100
OVER THE WEEKENDS. [INDISCERNIBLE] OVER

00:52:41.100 --> 00:52:44.100
THE NEXT COUPLE OF WEEKS TWC WILL MAIL
APPROXIMATELY 130,000 NOTICES TO
POTENTIAL CUSTOMERS PROVIDING

00:52:44.100 --> 00:52:47.100
INSTRUCTIONS FOR APPLYING FOR THE
TURKEY WEEK EXTENSION OF FEDERAL
BENEFITS FOR THOSE INDIVIDUALS

00:52:47.100 --> 00:52:50.100
EXHAUSTED REGULAR STATE UNEMPLOYMENT
BENEFITS BACK TO 2019 IN SOME CASES.
THE PROCESS CAN BE SIMPLE AS

00:52:50.100 --> 00:52:53.100
INDIVIDUALS ARE CALLING [INDISCERNIBLE]
ANSWERING A COUPLE OF QUESTIONS WHICH
CAN TRIGGER THE CLAIM UNLESS THERE'S AN

00:52:53.100 --> 00:52:55.100
ISSUE WE CAN DETECT UPFRONT. TEAMS HAVE

00:52:58.100 --> 00:53:01.100
DEPLOYED ASSEMBLY-LINE PROCESSING PLANT
FOR PROCESSING FOR PANDEMIC APPROVAL.

00:53:06.100 --> 00:53:08.100
PROCESS BEGAN ACCELERATING LAST WEEK
WITH THE CONDITION OF NEW TEMPORARY

00:53:11.100 --> 00:53:13.100
STAFF TRAINING FACILITY STAFF ON HELP

00:53:14.100 --> 00:53:16.100
PROCESSING THE UA FEDERAL INCOME TAX

00:53:18.100 --> 00:53:20.100
AND OTHER EMPLOYER RESPONSES. TWC

00:53:25.100 --> 00:53:28.100
PARTNER CALL CENTERS ARE LEARNING NEW
SKILLS ENABLING THEM TO SERVICE NEW
CUSTOMERS AND ASSIST WITH OUTBOUND

00:53:29.100 --> 00:53:32.100
CALLS. THIS WILL CONTINUE TO HELP
EXPERIENCED STAFF FOCUS ON HIGHLY

00:53:34.100 --> 00:53:37.100
SKILLED ASSIGNMENTS. WE CONTINUE TO
WORK CLOSELY WITH COMMUNICATION

00:53:39.100 --> 00:53:41.100
OPERATIONAL INSIGHTS ON MESSAGING

00:53:50.100 --> 00:53:53.100
OUTREACH DATA ANALYTICS REDUCING
UNNECESSARY CALLS TO CALL CENTERS AND
THIS WEEK WE'LL DRILL DOWN INTO

00:53:53.100 --> 00:53:56.100
ADDITIONAL TRENDS AND EFFORTS TO
IDENTIFY CLAIMS THAT CAN BE UPDATED
WITH AUTOMATED SCRIPTS. WE CONTINUE TO

00:53:56.100 --> 00:53:58.100
ACTIVELY WORK ON PLANS FOR THE TEXAS

00:53:59.100 --> 00:54:01.100
OPENING BACK UP BUSINESS AND

00:54:05.100 --> 00:54:08.100
[INDISCERNIBLE] NEW WEBSITE PORTAL THIS
WEEKEND TO CAPTURE INFORMATION FROM
EMPLOYERS ABOUT INDIVIDUALS NOT ABLE TO

00:54:08.100 --> 00:54:10.100
RETURN TO WORK. CONTINUE TO MONITOR

00:54:13.100 --> 00:54:16.100
ASSIGNMENT PRODUCTIVITY CLOSELY FOR
TRAINING AS SHIFTING INTERNAL RESOURCES
TO AREAS OF MOST NEED AND A BIG THANKS

00:54:21.100 --> 00:54:23.100
TO ALL THE TWC VOLUNTEERS FOR HELPING
US DURING THESE UNPRECEDENTED TIMES

00:54:25.100 --> 00:54:27.100
THIS CONCLUDES MY UPDATE AND I'M HAPPY
TO ANSWER ANY QUESTIONS

00:54:28.100 --> 00:54:30.100
>> THANK YOU ARE THERE QUESTIONS OR

00:54:31.100 --> 00:54:34.100
COMMENTS?
>> NONE FROM HERE
>> NO QUESTIONS

00:54:34.100 --> 00:54:36.100
>> COURTNEY

00:54:45.100 --> 00:54:47.100
>> GOOD MORNING COMMISSIONERS. COURTNEY

00:54:49.100 --> 00:54:52.100
[INDISCERNIBLE] WORKFORCE DIVISION.
APRIL 14 THE COMMISSION TOOK ACTION TO
MAKE FUNDS FROM SEVERAL [INDISCERNIBLE]

00:54:57.100 --> 00:54:59.100
AVAILABLE FOR COVID-19 RESPONSE. MUCH

00:55:03.100 --> 00:55:06.100
COLLABORATIVE ACTIVITY HAS TAKEN PLACE
FROM THAT TIME TO NOW TO DEVELOP AND
EXECUTE GRANTS FOR WORKFORCE BUSINESS

00:55:06.100 --> 00:55:08.100
OPERATION LEGAL AND FINANCE AND OTHERS
[INDISCERNIBLE] QUICKLY TO BRING THOSE

00:55:10.100 --> 00:55:12.100
ACTIVITIES INTO PLAY. STAFF

00:55:14.100 --> 00:55:16.100
[INDISCERNIBLE] APRIL 14 COMMISSION

00:55:17.100 --> 00:55:19.100
MEETING TO SHARE A ONE-MONTH UPDATE ON
THE STATUS OF THE FUNDS AND I WILL

00:55:22.100 --> 00:55:24.100
PROVIDE THAT UPDATE. [INDISCERNIBLE]
GRANTS WERE EXECUTED TO THE

00:55:25.100 --> 00:55:27.100
[INDISCERNIBLE] MAKING FUNDS AVAILABLE

00:55:28.100 --> 00:55:30.100
FOR PURCHASING TOOLS TO ASSIST EMPLOYER

00:55:32.100 --> 00:55:34.100
JOBSEEKERS REMOTELY OR REMOTE HIRING

00:55:35.100 --> 00:55:37.100
EVENTS AND OTHER ONLINE BUSINESSES IN

00:55:39.100 --> 00:55:41.100
ADDITION TO HIRING STAFF. AND EXPANDING
THEIR ONLINE PRESENCE THROUGH A WEBSITE

00:55:43.100 --> 00:55:46.100
ACTIVITY. PROCUREMENT AND PURCHASES ARE
UNDERWAY FOR DISTANCE LEARNING WEBSITE

00:55:50.100 --> 00:55:52.100
IS EXPANSION [INDISCERNIBLE]. THE
HIRING OF STAFF IS ALSO UNDERWAY

00:55:55.100 --> 00:55:57.100
[INDISCERNIBLE]. FUNDS WERE APPROVED
FOR ADULT EDUCATION LITERACY ACTIVITY

00:55:59.100 --> 00:56:01.100
[INDISCERNIBLE] PURCHASE OF SOFTWARE
AND OTHER ONLINE TOOLS [INDISCERNIBLE]

00:56:07.100 --> 00:56:10.100
FOR STUDENT INSTRUCTION AND
APPROXIMATELY $1 MILLION IN EXPENSES AT
THE LOCAL LEVEL OUR CONTRACT

00:56:13.100 --> 00:56:15.100
[INDISCERNIBLE]. YOU ARE AWARE OF THE
FUNDS WERE MADE AVAILABLE FOR

00:56:19.100 --> 00:56:22.100
INTEGRATION [INDISCERNIBLE] DOING
FOLLOW-UP WITH STUDENTS TO DETERMINE

00:56:25.100 --> 00:56:27.100
TESTING EMPLOYMENT OUTCOMES
[INDISCERNIBLE] STUDENTS NOW WILL

00:56:28.100 --> 00:56:30.100
INCLUDE A DISCUSSION OF LAYOFFS
INCLUDING COVID-19 RELATED LAY OFFS

00:56:38.100 --> 00:56:41.100
WITH REFERRALS FOR [INDISCERNIBLE] FOR
HELP SO THE TIMING OF THOSE FUNDING
AND THE ADDITIONAL FUNDING PROVIDED IS

00:56:41.100 --> 00:56:43.100
TIMELY UNDER OUR ECONOMIC SITUATION.
NINE APPLICATIONS HAVE BEEN SUBMITTED

00:56:45.100 --> 00:56:47.100
[INDISCERNIBLE] APPROVED TOTALING JUST

00:56:50.100 --> 00:56:53.100
UNDER $1.4 MILLION. THE FUNDS WILL BE
USED FOR TRAINING IN ADDITION TO

00:56:53.100 --> 00:56:55.100
PURCHASING SOFTWARE OR EXPANDED LICENSES

00:56:56.100 --> 00:56:58.100
FOR SOFTWARE FOR VIRTUAL HIRING EVENTS

00:57:00.100 --> 00:57:03.100
FOR EMPLOYERS [INDISCERNIBLE] WITH
OTHER LAYOFF DIVERSION AND RAPID
RESPONSE STRATEGIES. SUCH AS PER

00:57:06.100 --> 00:57:08.100
PERSONAL PROTECTIVE EQUIPMENT, WAGE

00:57:10.100 --> 00:57:12.100
ASSISTANCE OR EXCUSE ME OR OTHER

00:57:16.100 --> 00:57:19.100
UNPLANNED COVID-19 RELATED COSTS WITH
TRAINING BEING THE PRIORITY TO HELP
WITH LAYOFF DIVERSION OR UPSCALING AND

00:57:21.100 --> 00:57:23.100
CHANGING ECONOMY. ALSO BOARDS HAVE
PURCHASED LITERATURE MATERIALS TO

00:57:26.100 --> 00:57:29.100
ASSIST JOBSEEKERS TO. TRANSITION
EMPLOYMENT IN THIS CHANGING ECONOMY ON

00:57:32.100 --> 00:57:34.100
SKILLS DEVELOPMENT, NINE APPLICATIONS

00:57:39.100 --> 00:57:42.100
HAVE BEEN RECEIVED REQUESTING TRAINING
IN SECTORS THAT ARE IN HIGHEST DEMAND
NOW INCLUDING MANUFACTURING HOSPITALITY

00:57:43.100 --> 00:57:45.100
FOOD CHAIN SUPPLY INCLUDING MEAT
PROCESSING PLANTS HEALTH CARE AND

00:57:46.100 --> 00:57:48.100
TRANSPORTATION ARE THE GREATEST

00:57:49.100 --> 00:57:51.100
PRIORITY. IN FUTURE WEEKS I PROVIDE YOU
INFORMATION ABOUT THE TRAINING COUNTS

00:57:56.100 --> 00:57:59.100
AND THESE APPLICATIONS ARE APPROVED AND
UNDERWAY AND WILL BE ABLE TO TELL YOU
WITH THE NUMBER OF FUNDING STREAMS

00:58:01.100 --> 00:58:03.100
UPDATES ON THE NUMBER OF PEOPLE WHO
HAVE BEEN IMPACTED ARE RECEIVING

00:58:04.100 --> 00:58:06.100
TRAINING SERVICES SPECIFICALLY WITH THE

00:58:07.100 --> 00:58:09.100
DOLLARS. I'M HAPPY TO ANSWER ANY

00:58:10.100 --> 00:58:12.100
QUESTIONS
>> ARE THERE ANY COMMENTS OR QUESTIONS?

00:58:15.100 --> 00:58:17.100
>> [INDISCERNIBLE] TO ACKNOWLEDGE THE

00:58:18.100 --> 00:58:20.100
GREAT WORK DALE AND HIS TEAM AND HANSEN

00:58:22.100 --> 00:58:24.100
HAVE DONE TO INFORM THE FOLKS AROUND

00:58:25.100 --> 00:58:27.100
THE STATE ABOUT THE VARIOUS
OPPORTUNITIES THEY HAVE FOR SHORT-TERM

00:58:28.100 --> 00:58:31.100
TRAINING I WANTED TO ACKNOWLEDGE THAT
[INDISCERNIBLE]

00:58:31.100 --> 00:58:33.100
>> I WANTED TO COMMENT ON THE VIRTUAL

00:58:37.100 --> 00:58:39.100
HIRING EVENTS. AS WE BEGIN TO REOPEN

00:58:40.100 --> 00:58:42.100
AND TALK ABOUT JOBS AVAILABLE, THOSE

00:58:43.100 --> 00:58:45.100
ARE VITALLY IMPORTANT. WE ARE VISITING
WITH CONSULTANTS ABOUT IT

00:58:50.100 --> 00:58:52.100
[INDISCERNIBLE] MAKING SURE
[INDISCERNIBLE] THOSE POSITIONS VERY

00:58:53.100 --> 00:58:55.100
IMPORTANT FOR THE [INDISCERNIBLE] I

00:59:00.100 --> 00:59:03.100
COMMEND THE TEAM FOR WHAT THEY ARE
DOING AROUND THAT AS WE ADJUST TO THE
SITUATION

00:59:03.100 --> 00:59:05.100
>> THANK YOU
>> COURTNEY, THANK YOU

00:59:06.100 --> 00:59:08.100
>> MR. CHAIRMAN, I HAVE ONE ITEM UNDER

00:59:10.100 --> 00:59:13.100
THIS AGENDA ITEM. TO INFORM THE
COMMISSION THAT STAFF HAS STARTED

00:59:15.100 --> 00:59:17.100
DEVELOPING PROPOSALS TO PRESENT TO THE
COMMISSION IN A FORMAL MEETING ON

00:59:22.100 --> 00:59:24.100
REINSTATE WORK SURGE. WE'VE GOT SOME
INFORMATION I WILL BE SHARING

00:59:26.100 --> 00:59:29.100
[INDISCERNIBLE] WHICH I WILL MAKE
PUBLIC OF COURSE. IT GOES HAND-IN-HAND

00:59:33.100 --> 00:59:35.100
WITH CLAY AND COURTNEY WHAT CLAY

00:59:36.100 --> 00:59:38.100
REPORTED ON THE CONTINUING ACTIVITIES
AND COURTNEY REPORTED ON THE STEPS IN

00:59:42.100 --> 00:59:45.100
THE RECOVERY. [INDISCERNIBLE] PART OF
THAT IS US LOOKING AT ALTERNATIVES AND

00:59:47.100 --> 00:59:49.100
WE WILL REINSTATE WORK SURGE

00:59:53.100 --> 00:59:56.100
RECOGNIZING OF COURSE THERE ARE
CONSTRAINTS IN THE ECONOMY AND WE WANT
TO TAKE THIS INTO CONSIDERATION

00:59:58.100 --> 01:00:00.100
[INDISCERNIBLE] TEXAS TRIBUNE AS

01:00:01.100 --> 01:00:03.100
INDICATING THE GOVERNOR ESTABLISH 50

01:00:04.100 --> 01:00:06.100
PERCENT AND THAT MAY BE SOMETHING

01:00:09.100 --> 01:00:11.100
[INDISCERNIBLE] THAT MAY MAKE MORE

01:00:13.100 --> 01:00:15.100
SENSE. THAT'S A STARTING STAKE IN THE

01:00:16.100 --> 01:00:19.100
GROUND CHALLENGE THAT [INDISCERNIBLE].
I HAVE HAD CONVERSATIONS WITH

01:00:21.100 --> 01:00:23.100
LEGISLATIVE MEMBERS AND WILL CONTINUE

01:00:24.100 --> 01:00:26.100
TO SEEK INPUT FROM OUR STAFF WITH

01:00:27.100 --> 01:00:30.100
REGARD TO THE WHERE THE ECONOMY IS THAT
AND THE ABILITY OF [INDISCERNIBLE] AS

01:00:35.100 --> 01:00:37.100
WELL PLUS THE EXCEPTIONS WE HAVE IN
PLACE NOW [INDISCERNIBLE] WITH REGARD

01:00:39.100 --> 01:00:41.100
TO THE ACTUAL COVID-19 QUARANTINE

01:00:42.100 --> 01:00:44.100
HEALTH ISSUES AND OF COURSE CHILDCARE.

01:00:49.100 --> 01:00:52.100
JUST A HEADS UP ITEM TO LET
COMMISSIONERS KNOW STAFF WILL BE
PROPOSING SOMETHING IN THE NEXT WEEK OR

01:00:52.100 --> 01:00:54.100
TWO ON HOW WE BELIEVE WE SHOULD

01:00:55.100 --> 01:00:57.100
[INDISCERNIBLE]

01:00:58.100 --> 01:01:00.100
>> THAT'S AN IMPORTANT NEXT STEP FOR US
AND I ENCOURAGE YOU AND STAFF TO

01:01:02.100 --> 01:01:04.100
CONTINUE TO VISIT WITH THE MULTIPLE

01:01:05.100 --> 01:01:07.100
STAKEHOLDERS THAT ARE INTERESTED IN

01:01:08.100 --> 01:01:10.100
THIS ISSUE. THERE ARE A NUMBER OF
FACTORS WE NEED TO CONSIDER AND EVEN

01:01:15.100 --> 01:01:17.100
[INDISCERNIBLE] INFORMED DECISION HERE
I THINK IS VERY IMPORTANT SO WHETHER

01:01:21.100 --> 01:01:23.100
THE NEXT MEETING OR THE NEXT, I LOOK
FORWARD TO HAVING THAT INFORMATION TO

01:01:27.100 --> 01:01:29.100
HELP THE COMMISSION MAKE AN INFORMED
DECISION. ARE THERE QUESTIONS ON THIS

01:01:31.100 --> 01:01:33.100
ISSUE?
>> NO, BUT THANK YOU FOR PROVIDING US

01:01:37.100 --> 01:01:39.100
WITH AN UPDATE AND [INDISCERNIBLE]

01:01:43.100 --> 01:01:46.100
REGULARLY AND OBVIOUSLY THE GOVERNORS
OFFICE REGARDING OUR NEXT STEPS SO
THANK YOU FOR THAT

01:01:46.100 --> 01:01:48.100
>> I HAVE NOTHING ELSE.
>> [INDISCERNIBLE] MR. DEMERSON?

01:02:09.100 --> 01:02:11.100
>> A STRATEGIC AND CALCULATED
APPROACHE IS WHERE WE WANT TO GO WITH

01:02:13.100 --> 01:02:15.100
WORK SURGE

01:02:18.100 --> 01:02:20.100
>> ABSOLUTELY
>> THAT'S ALL WE HAVE ON AGENDA ITEM 10.

01:02:22.100 --> 01:02:24.100
IS THERE A REPORT TODAY TOM?

01:02:25.100 --> 01:02:27.100
>> YES, SIR.. GOOD MORNING. FOR THE

01:02:32.100 --> 01:02:34.100
RECORD, TOM MCCARTY. CONGRESS RETURNED

01:02:36.100 --> 01:02:38.100
FROM RECESS LAST WEEK WHILE THERE HAS
BEEN TALK OF FURTHER STIMULUS BILLS

01:02:40.100 --> 01:02:42.100
RELATED COVID-19 NEITHER CHAMBER HAS
BEGUN TO MOVE IN ANY NEW PIECES OF

01:02:45.100 --> 01:02:47.100
LEGISLATION YET. WE WILL KEEP THE
OFFICE INFORMED AS THINGS DEVELOP. WE

01:02:48.100 --> 01:02:50.100
ARE MONITORING ONE HEARING THIS WEEK

01:02:56.100 --> 01:02:59.100
TODAY AT 10 AM THE U.S. SENATE HEALTH
EDUCATION LABOR PENSION COMMITTEE IS
HOLDING A HEARING TITLE COVID-19 SAFELY

01:02:59.100 --> 01:03:01.100
GETTING BACK TO WORK AND BACK TO SCHOOL.

01:03:06.100 --> 01:03:09.100
THIS CONCLUDES MY REMARKS AND I'M
HAPPY TO ANSWER ANY QUESTIONS
>> THANK YOU TOM, ANY QUESTIONS?

01:03:09.100 --> 01:03:11.100
>> I HAVE NONE

01:03:12.100 --> 01:03:14.100
>> THANK YOU

01:03:15.100 --> 01:03:17.100
>> IS THERE A REPORT UNDER THE

01:03:18.100 --> 01:03:21.100
EXECUTIVE ARE DIRECTOR REPORT?
>> ONLY THAT STAFF CONTINUES TO

01:03:23.100 --> 01:03:25.100
[INDISCERNIBLE] REPORTED ON FELLOW

01:03:26.100 --> 01:03:29.100
TEXANS [INDISCERNIBLE] COURTNEY AND HER
TEAM [INDISCERNIBLE] PROVIDE SUPPORT

01:03:33.100 --> 01:03:35.100
[INDISCERNIBLE]
>> I ENCOURAGE YOU CAN TO CONTINUE TO

01:03:38.100 --> 01:03:40.100
WORK TOGETHER AND LOOK FOR WAYS TO

01:03:43.100 --> 01:03:45.100
[INDISCERNIBLE] OFFICES AND CERTAINLY
THE SERVICES WE ARE PROVIDING TO TEXANS.

01:03:50.100 --> 01:03:52.100
I THINK WE WILL HAVE TO BE CREATIVE
AND IN PROVIDE SERVICES TO PEOPLE AND

01:03:53.100 --> 01:03:55.100
MAYBE EVEN SOME NOVEL NEW SERVICES WE

01:03:57.100 --> 01:03:59.100
HAVEN'T THOUGHT OF. I DO ENCOURAGE TO

01:04:04.100 --> 01:04:06.100
WORK TOGETHER ACROSS DIVISIONS. I KNOW

01:04:09.100 --> 01:04:12.100
IT'S DIFFICULT WHEN WE ARE MOVING AS
RAPIDLY AS WE ARE TO CONSULT WITH
COLLEAGUES BUT I THINK IT'S CRITICAL

01:04:12.100 --> 01:04:14.100
HERE THAT WE DO THAT. I THINK OUR FOLKS

01:04:15.100 --> 01:04:17.100
HAVE BEEN DOING A GREAT JOB AT
ADDRESSING ISSUES AS THEY COME UP. ICS

01:04:23.100 --> 01:04:26.100
MOVING TOWARD HOPEFULLY A MORE
PROACTIVE PLAN OF APPROACH AND MAYBE
ANTICIPATING SOME THINGS THIS HAPPENED

01:04:28.100 --> 01:04:30.100
VERY RAPIDLY. SOMETIMES I FEEL LIKE WE

01:04:39.100 --> 01:04:42.100
HAVE TO FEEL OUR WAY TO A SOLUTION
RATHER THAN APPROACH IT DIRECTLY AND I
THINK THAT'S UNDERSTANDABLE NOT A

01:04:42.100 --> 01:04:45.100
CRITICISM FROM ME IT SIMPLY STATING THE
FACTS OF WHAT WE SAW. AS I SEE
BUSINESSES REOPEN UNDER THE PROTOCOLS

01:04:48.100 --> 01:04:51.100
THE GOVERNOR HAS ANNOUNCED AND THE
STATES SCIENTIFIC AND MEDICAL COMMUNITY

01:04:53.100 --> 01:04:55.100
ARE ENCOURAGING US TO DO, I THINK

01:04:59.100 --> 01:05:01.100
EMPLOYERS WILL HAVE QUESTIONS AND YOU

01:05:02.100 --> 01:05:04.100
GUYS WILL HAVE SOME QUESTIONS AND A
NUMBER OF ANSWERS WILL COME FROM OUR

01:05:05.100 --> 01:05:07.100
STAFF HERE AT TWC HOPEFULLY IN AN

01:05:08.100 --> 01:05:11.100
ADVISORY COUNCIL AND OUR ABILITY TO
DELIVER PROGRAMS. THE SHORT VERSION OF

01:05:12.100 --> 01:05:15.100
WHAT I'M SUGGESTING IS I CONTINUE TO
[INDISCERNIBLE] PUT THESE THINGS IN

01:05:18.100 --> 01:05:20.100
WRITING BRING THEM TO THE COMMISSION IN

01:05:21.100 --> 01:05:23.100
WRITING AND COLLABORATE WITH COLLEAGUES
SO WE HAVE A FAIRLY COHESIVE REPORT

01:05:24.100 --> 01:05:26.100
>> ABSOLUTELY, WE WILL
>> ARE THERE ANY QUESTIONS OR COMMENTS?

01:05:31.100 --> 01:05:34.100
>> NOT FOR ME
>> IS THERE ANY OTHER ORDER OF BUSINESS

01:05:36.100 --> 01:05:38.100
TO COME BEFORE THE COMMISSION TODAY?

01:05:40.100 --> 01:05:42.100
>> HEARING NINE, MOTION TO ADJOURN?

01:05:43.100 --> 01:05:45.100
>> MOVED TO ADJOURN
>> SECOND

01:05:50.100 --> 01:05:53.100
>> IT HAS BEEN MOVED AND SECONDED TO
ADJOURN, WE ARE ADJOURNED
>> THANK YOU