WEBVTT

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DOCKET 29.
>> YES.

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THE FIRST IS TV-20-098- 1220.

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COMMISSIONER DEMERSON.
>> AGREE WITH STAFF

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RECOMMENDATION.
>> COMMISSIONER ALVAREZ.
>> I DO NOT AGREE WITH STAFF

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RECOMMENDATION.
THE RULE IS CONFUSING AND

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UNCLEAR AT TIMES.
THE DECISION IS AMBIGUOUS TO A

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DISTINCTION IF ANY EXISTS.

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THIS ARE ALSO ISSUES WITH

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CREDIBILITY OF THE FACTS
PROVIDED.
THE WORKERS AT ISSUE ARE

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REFERRED TO AS GENERAL LABORERS.

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THE DID INSIGNIFICANCE STATES
THE WORKERS BID ON THEIR JOBS

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AND PAID A FLAT FEE FOR
COMPLETED JOBS.

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BY IT'S NATURE GENERAL LABORS

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DON'T HAVE PARTICULAR SKILL
REQUIREMENTS OR PREDETERMINED

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JOB TO COMPLETE.
I REQUEST FOR THE DECISION TO BE

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RESUBMITTED WITH CLARIFICATION
ON THIS POINT.

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SPECIFICALLY I REQUEST
CLARIFICATION ON WHAT THESE

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WORKERS DO AND HOW IT DIFFERS
FROM THE MASON INDEPENDENT

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CONTRACTORS.
IF CLARIFICATION CAN NOT BE MADE

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ON THE AVAILABLE RECORD THEN THE
CASE SHOULD BE REHEARD.
>> AGREE WITH STAFF

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RECOMMENDATION.
>> THANK YOU.
>> COMMISSIONER ALVAREZ.

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>> SHORT FORM DECENT.
>> YES, SIR.

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>> THE SECOND CASE IS
TD-21-011-0421.

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COMMISSIONER DEMERSON.
>> I AGREE WITH STAFF
RECOMMENDATIONS.

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>> COMMISSIONER ALVAREZ.
>> I AGREE WITH STAFF

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RECOMMENDATION.
>> MR. CHAIRMAN.
>> AGREE WITH STAFF

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RECOMMENDATION.
>> THANK YOU.

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>> WE HAVE -- ITEM 5.

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>> CORRECT.
>> ITEM 1.
>> NO WAGE CLAIM CASES CASES

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PULLED FOR ADDITIONAL
DISCUSSION.

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>> THAT'S CORRECT.
YOU SHOULD HAVE THE WAGE CLAIM
SHORT FORM DISSENT.

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>> I MOVE WE ACCEPT STAFF

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RECOMMENDATIONS.
>> I SECOND THE MOTION BUT THOSE

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CASES I'M DISSENTING.
>> I CONCUR WITH THE CHAIRMAN'S

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MOTION EXCEPT THE CASES I'M
DISSENTING.

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>> MOTION PASSES WITH THE
EXCEPTIONS NOTED.

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>> THANK YOU.
>> THANK YOU.
ITEM 7.

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PLEASE PROCEED WHEN YOU'RE
READY.

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>> CASE NUMBER 251-4064.

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COMMISSIONER ALVAREZ.
>> THE DECISION SHOULD BE

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REVERSED.
THE CLAIMANT WAS HIRED AS A CASE

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MANAGER FOR A LAW FIRM AT $12 AN

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HOUR.
SHE WAS NOT ABLE TO PERFORM TO
THE EXPECTATIONS.

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-- ARRANGING MEETINGS AND
DISCOVERY.

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THE EMPLOYERS EXPECTATIONS WERE
NOT IN LINE OR THE BELOW MARKET

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PAY RATE THEY WERE OFFERING.
THE CLAIMANT NEVER MET WITH

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EXPECTATIONS SHE SHOULD QUALIFY

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FOR BENEFITS.
THE EMPLOYER STATED THE CLAIMANT

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WAS A INDEPENDENT CONTRACTOR
HOWEVER SHE WAS PAID AN HOURLY

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RATE, WORKED AT THE EMPLOYER'S

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OFFICE, AND BASED ON THE
EMPLOYER'S TESTIMONY THEY

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CLOSELY SCRUTINIZED HER TIME IN

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THE OFFICE AND WORK PRODUCT.
THE CLAIMANT WOULD NOT REALIZE A

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LOSS.
HE HAD TO PERFORM THE WORK
PERSONALLY AND THE WORK WAS

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INTEGRATED INTO THE EMPLOYER'S
BUSINESS.

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REVERSE THE AT, NO MISCONDUCT,
MEMO TAX TO INVESTIGATE THE

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CLASSIFICATION.
>> WE SHOULD A FIRM THE APPEAL.

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THE CLAIMANT MISSED VARIOUS WORK
DEADLINES, MEETINGS WITH

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CLIENTS, FAILED TO COMMUNICATE
WITH CLIENTS TO KEEP THEM KNOWN

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ABOUT THE STATUS OF CASES.
JEOPARDIZING THE EMPLOYER'S LAW

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PRACTICE.
THE NEGLIGENT WAS MISS

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MANAGEMENT OF HER EMPLOYMENT.

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WE SHOULD A FIRM THE AT
DECISION.
MISCONDUCT.

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>> A FIRM THE AT, MISCONDUCT,

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MEMO TO INVESTIGATE WHETHER THE

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CLAIMANT WAS AN EMPLOYEE OR
INDEPENDENT CONTRACTOR.

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>> THANK YOU.
>> COMMISSIONER ALVAREZ.
>> SHORT FORM DISSENT.

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MEMO.
>> YES, SIR.
WE WILL SAID THAT MEMO.

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>> CASE NUMBER 257-1507.

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COMMISSIONER ALVAREZ.
>> THE DECISION SHOULD BE

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MODIFIED.
REGARDING THE JOB SEPARATION THE

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CLAIMANT WAS SEPARATED DUE TO A
MEDICAL ISSUE.

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SHE DISCLOSED TO THE EMPLOYER
SHE WAS HAVING MENTAL HEALTH

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ISSUES AND PROVIDED
DOCUMENTATION FOR THE HEARING.

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THE CLAIMANT SHOULD QUALIFY FOR
BENEFITS AND PROTECT THE

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EMPLOYER FROM CHARGE.
MODIFY, NO CHARGE BACK, MBI,

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ZEPHYR VALIDITY OF CLAIM.

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ADEQUATE RESPONSE.
>> WE SHOULD MODIFY THE APPEAL

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TRIBUNAL DECISION.
-- NOTICE OF THE FIRST AT

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HEARING WAS NOT SENT TO THE
CORRECT ADDRESS AS THE EMPLOYER

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HAD SUBMITTED AN ADDRESS
CLEANING WITH THE COMMISSION

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WHEN THEY RESPONDED TO THE

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NOTICE OF BENEFITS.
FOR SEPARATION THE CLAIMANT TOLD

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THE EMPLOYER SHE WAS QUITTING
FOR PERSONAL REASONS.

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SHE LATER SAID SHE QUIT BECAUSE

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SHE WAS ANXIOUS AND OVERWHELMED

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BY THE WORK AND THE EMPLOYER DID

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NOT PROVIDE PART-TIME HOURS.

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-- DEPRIVING THE EMPLOYER TO
ACCOMMODATE THE MEDICAL

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CONDITION.
FURTHER MORE NO MEDICAL

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PROFESSIONAL ADVISED THE
CLAIMANT TO QUIT.

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WE SHOULD MODIFY THE AT
DECISION, MORE HAD GOOD CAUSE

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FOR MISSING THE FIRST HEARING,
VOLUNTARY LEAVING, NO CHARGE

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BACK, ZEPHYR THE VALIDITY OF!,
INADEQUATE RESPONSE ISSUE.

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>> MOD TIE THE AT, EMPLOYER

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ESTABLISHED GOOD CAUSE,
VOLUNTARY LEAVING, NO CHARGE

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BACK -- ISSUES.

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>> SHORT FORM DISSENT.
>> YES, SIR.

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COMMISSIONER ALVAREZ.
>> CASE NUMBER 264-4712.

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COMMISSIONER DEMERSON.
>> WE SHOULD A FIRM THE TRIBUNAL

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DECISION.
HE ENTERED INTO A VOLUNTARY

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EMERGENCY TIME OFF ETO WITH THE

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EMPLOYER.
THE EMPLOYEE WAS TO BE PAID 50%

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OF NORMAL WAGES AND WOULDN'T
PERFORM WORK FOR ONE YEAR.

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IF THE CLAIMANT DIDN'T ACCEPT
THE ETO AGREEMENT CONTINUED FULL

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TIME WORK WAS AVAILABLE TO HIM.
THE CLAIMANT SEPARATED THE WORK

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SEPARATION BY VOLUNTARY ENTERING

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THE ETO WHEN FULL TIME WORK WAS
AVAILABLE.

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WE SHOULD A FIRM THE AT
DECISION, VOLUNTARY LEAVING.

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>> THE AT DECISION SHOULD BE
REVERSED.

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THE CLAIMANT WAS OFFERED A
EXTENDED AGREEMENT BY THE

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EMPLOYER BECAUSE OF THE
FINANCIAL DIFFICULTIES THE

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EMPLOYER SUFFERED AS A RESULT OF

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THE PANDEMIC.
THE EMPLOYER OFFERED THE
AGREEMENT.

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SEPARATION WAS A RESULT OF THE
PANDEMIC.
THE CLAIMANT SHOULDN'T BE

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DISQUALIFIED.
REVERSE THE AT, NO MISCONDUCT.

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>> A FIRM THE AT.

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VOLUNTARY LEAVE.

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>> SHORT FORM DISSENT.
>> YES, SIR.

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>> CASE NUMBER 2723 --

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COMMISSIONER DEMERSON.
>> THE AT DECISION IS NOT

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SUPPORTABLE.
THE EMPLOYER APPEAL FROM THE
WAGE AND VERIFICATION NOTICE IS

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TIMELY BASED ON NO RECEIPT OF

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THE NOTICE.
-- REIMBURSEMENT LIABILITY.

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MORE SERIOUSLY BASED UPON THE
EMPLOYER TESTIMONY THERE WAS NO

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BREAK IN THE CLAIMANT'S
EMPLOYMENT WITH THE DISTRICT AND
THAT SHE WAS ON A FULL PAY

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STATUS WHEN SHE FOILED A CLAIM.
WHILE FILING HER BENEFITS CLAIM

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THE CLAIMANT MAY NOT OF BEEN
UNEMPLOYED AT THE TIME RECEIVING

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REGULAR BENEFITS.
FINALLY ALTHOUGH REASONABLE

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ASSURANCE WAS NOT A ISSUE PRIOR
TO THE SUMMER BREAK OF 2020.

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IT BECAME A ISSUE DURING THE
SUMMER BREAK OF 2020.

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THAT ISSUE WAS NOT INVESTIGATED.

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THE CLAIMANT TOLD THE CLAIM
INVESTIGATOR SHE HAS REASONABLE

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ASSURANCE OF RETURNING TO HER
POSITION IN THE FALL OF 2020.

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WE SHOULD REVERSE THE AT
DECISION.

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THE EMPLOYER FILED A TIMELY
APPEAL.
THIS SHOULD BE RESUBMITTED -- AT

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THE TIME AND DURING THE CLAIM
FILING.

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MEANT SHE WAS NOT UNEMPLOYED AND

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INITIAL CLAIM SHOULD BE VOIDED.
FINALLY WE NEED TO SEND A MEMO

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TO INVESTIGATE WHETHER THE
CLAIMANT HAD REASONABLE

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ASSURANCE OF CONTINUING IN HER
POSITION AFTER THE SUMMER BREAK

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OF 2020.

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>> COMMISSIONER ALVAREZ.
>> CAN I ASK THE CASE NUMBER

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AGAIN.
>> YES IT CASE NUMBER 272-3132.

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>> OKAY.
YES, MA'AM.
THE AT DECISION SHOULD BE

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MODIFIED.
I DO NOT DISPUTE THE EMPLOYER'S

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APPEAL DUE TO NON RECEIPT OF THE

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DETERMINATION.
THE CLAIMANT WAS NOT SEPARATED
FROM THE EMPLOYMENT, FROM

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EMPLOYMENT WITH THE EMPLOYER AT
THE TIME THE INITIAL CLAIM WAS
FILED.

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SINCE THE CLAIMANT DID NOT QUIT
WITHOUT GOOD CAUSE AND NOT FIRED

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AT THE INITIAL TIME OF THE CLAIM
THE EMPLOYER MUST BE BILLED FOR

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REIMBURSEMENT.
MODIFY THE AT, TIMELY EMPLOYER

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APPEAL, BILL REIMBURSEMENT

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EMPLOYER.
>> REVERSE THE AT.

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TIMELY EMPLOYER APPEAL --

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UNREPORTED EARNINGS.
>> COMMISSIONER DEMERSON.

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YOU DIDN'T GIVE ME A VOTE ON THE
REIMBURSEMENT ISSUE, ITSELF.

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YOU VOTED ON THE TIMELINESS
ISSUE.

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CHAIRMAN VOTED ON THE

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REIMBURSEMENT ISSUE AS WELL.

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>> I A WHY HE WITH THE CHAIRMAN.
>> THANK YOU.

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>> TIMELY APPEAL, REIMBURSE THE
EMPLOYER NOT BILLED.

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WE WILL SEND THE MEMO.

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>> AND COMMISSIONER ALVAREZ.
>> SHORT FORM DISSENT.

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>> YES, SIR.

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>> CASE NUMBER 272-5672

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COMMISSIONER ALVAREZ.
>> THE DECISION SHOULD BE
REVERSED.

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THE CLAIMANT FILED A EARLIER
CLAIM PREMATURELY.

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IT WAS VOIDED.
THE CLAIMANT DELAYED FILING THE

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CLAIM WITH WHAT WAS HAPPENING
WITH THE PRIOR CLAIM.

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THE CLAIMANT HAS FILED
CERTIFICATIONS TIMELY.

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-- RECEIVE UNEMPLOYMENT
BENEFITS.

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THE CLAIMANT HAGS SHOWN ADEQUATE

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CAUSE TO BACK DATE THE CLAIM.
BACK DATE TO 6-7-2020.

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>> WE SHOULD A FIRM THE DECISION

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ON MAY 27th, 2020, THE
CLAIMANT FILED A INITIAL CLAIM

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PRIOR TO A WORK SEPARATION.
ON JUNE 15, 2020, A DETERMINE

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NOTIFIED THE CLAIMANT THE
INITIAL CLAIM WAS IN VALID

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BECAUSE THE CLAIMANT WAS NOT
UNEMPLOYED.

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THE DETERMINATION FILED A NEW
ISSUED CLAIM IF HE WAS

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UNEMPLOYED.
THE CLAIMANT BECAME UNEMPLOYED

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ON OR ABOUT JUNE 7th, 2020.

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THE CLAIMANT DIDN'T FILE A NEW
INITIAL CLAIM UNTIL JULY 27th,

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2020.
WHICH THE CLAIMANT ASKED TO BE

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BACK DATED TO JUNE 7, 2020.

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DUE TO THE RUSH OF CLAIMS AT THE
BEGINNING OF THE PANDEMIC THE

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CLAIMANT BACK DATED BETWEEN
MARCH 18th, 2020 AND

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JULY 5th, 2020.
FOR CLAIMS FILED OUTSIDE OF THE

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PERIOD CLAIMANTS ARE REQUIRED TO
SHOW ADEQUATE CAUSE FOR THE

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AGENCY TO BACK DATE THE CLAIM.
THE CLAIMANT FAILED TO SHOW

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CAUSE, IN ACCORDANCE WITH THE

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INSTRUCTION FROM INSTRUCTIONS ON

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THE DETERMINATION OF
JUNE 15th, 2020, CONSEQUENTLY

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WE SHOULD A FIRM THE AT DECISION

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AND DENY THE BACK DATE REQUEST.

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>> REVERSE THE AT.

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BACK DATE TO JUNE 7, 2020.

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>> MAJORITY VOTE TO GRANT THE
BACK DATED.

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>> OKAY.
>> I WANT TO AGREE OR DECENT,

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SIR.
>> I THINK IT'S COMMISSIONER
ALVAREZ PULL.

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>> YES, SIR.
IT WAS.
>> COMMISSIONER ALVAREZ, DID YOU

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WANT TO CHANGE YOUR VOTE?

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>> NO, MA'AM.
>> OKAY.

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>> SO I HAVE REVERSE THE AT,
BACK DATE TO 6-7-2020,.

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>> YES, SIR.
THAT'S THE MAJORITY VOTE.

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>> LET ME CONIFER REALLY QUICK.

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>> YES, SIR.

00:13:09.100 --> 00:13:12.100
>> WE ARE GOING TO SHORT FORM
DISSENT.

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>> CASE NUMBER -- COMMISSIONER
DEMERSON.

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>> THE AT DECISION IS NOT
SUPPORTABLE AND SHOULD BE

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MODIFIED.
THE CLAIMANT QUIT.

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>> -- I BELIEVE WE CAN SIMPLY

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ACCEPT THIS FROM THE CLAIMANTS

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BELIEFS ALSO ACCEPTING THE

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LEGALITY ACCEPTED BY THE EEOC IN

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POSTED GUIDELINES FOR COVID 19

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POLICIES.
THE EMPLOYERS CHOICE TO REQUIRE

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COVID-19 VACCINATIONS AS PART OF

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THE EFFORTS TO MAXIMIZE SAFETY
OF THE CO WORKERS AND CLIENTS

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AND OTHER VISITORS FROM THE
PUBLIC.

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WE SHOULD FIND THE CLAIMANT'S
WORK SEPARATION WAS NECESSARY

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UNDER SECTION 207.46A1 OF THE

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ACT.
MODIFY THE AT DECISION.
THE CLAIMANT'S WORK SEPARATION

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FALLS UNDER 207.46A1.

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NO VOLUNTARY LEAVING.
NO CHARGE BACK TO THE EMPLOYER'S

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ACCOUNT.
>> COMMISSIONER ALVAREZ.

00:14:45.100 --> 00:14:48.100
>> MS. MILLER, I WOULD AGREE
WITH COMMISSIONER DEMERSON.

00:14:49.100 --> 00:14:51.100
>> THANK YOU.
>> MR. CHAIRMAN, AGREE.

00:14:52.100 --> 00:14:54.100
>> THANK YOU.
WE HAVE A UNANIMOUS DECISION.

00:14:57.100 --> 00:14:59.100
>> CASE NUMBER 279-1910

00:15:01.100 --> 00:15:04.100
COMMISSIONER ALVAREZ.
>> THE DECISION SHOULD BE
REVERSED.

00:15:04.100 --> 00:15:07.100
THE CLAIM PLANT WAS ASKED AT THE
LAST MINUTE TO WORK THE WEEKENDS

00:15:08.100 --> 00:15:11.100
WHEN HE HAD CUSTODY OF HIS
CHILDREN.

00:15:11.100 --> 00:15:13.100
THE CLAIMANT'S EX REFUSED TO

00:15:15.100 --> 00:15:18.100
SWITCH WEEKENDS SEW COULD WORK.
THE CLAIMANT EXPLAINED HE

00:15:20.100 --> 00:15:23.100
COULDN'T WORK.
HE HAD HIS CHILDREN THAT
WEEKEND.

00:15:23.100 --> 00:15:25.100
CONSISTENT WITH 2386 -- THE

00:15:27.100 --> 00:15:30.100
CLAIMANT'S ABSENCE FROM WORK WAS
THAT, THE CLAIMANT ABSENT FROM

00:15:32.100 --> 00:15:35.100
WORK SCHEDULED AT THE TIME, AT
THE LAST MINUTE FOR AN IMPORTANT

00:15:37.100 --> 00:15:40.100
REASON IS NOT MISCONDUCT.
REVERSE THE AT NO, MISCONDUCT,

00:15:41.100 --> 00:15:43.100
CHARGE BACK.
>> WE SHOULD A FIRM THE APPEAL

00:15:45.100 --> 00:15:48.100
TRIBUNAL DECISION.
THE EMPLOYER IS A WATER SERVICE

00:15:49.100 --> 00:15:51.100
UTILITY COMPANY.
THE CLAIMANT KNEW OVERTIME WORK

00:15:53.100 --> 00:15:56.100
COULD BE REQUIRED PERIODICALLY
ON OR ABOUT FRIDAY

00:15:57.100 --> 00:15:59.100
FEBRUARY 19th, 2021 DUE TO A

00:16:01.100 --> 00:16:03.100
SEVERE WINTER STORM THE EMPLOYER

00:16:04.100 --> 00:16:07.100
NOTIFIED THE CLAIMANT HE WAS
REQUIRED TO WORK THAT WEEKEND

00:16:08.100 --> 00:16:10.100
FEBRUARY 20th, 21.
THE CLAIMANT REFUSED TO REPORT

00:16:11.100 --> 00:16:13.100
TO WORK THOSE TWO DAYS.
HE WAS SCHEDULED TO HAVE CUSTODY

00:16:16.100 --> 00:16:18.100
OF HIS CHILDREN.
THE CLAIMANT REFUSAL NOT TO WORK

00:16:19.100 --> 00:16:21.100
THOSE DAYS OR THE WORKWEEK DUE

00:16:22.100 --> 00:16:24.100
TO THE WINTER STORM AND ANOTHER
VICED WORK IS MANDATORY IS MISS

00:16:27.100 --> 00:16:30.100
MANAGEMENT AND CONSTITUTES
MISCONDUCT WITH THE WORK.

00:16:31.100 --> 00:16:33.100
A FIRM THE AT DECISION,
MISCONDUCT, NO CHARGE BACK.

00:16:34.100 --> 00:16:36.100
>> A FIRM THE AT, MISCONDUCT, NO

00:16:39.100 --> 00:16:41.100
CHARGE BACK.
>> SHORT FORM DISSENT.

00:16:43.100 --> 00:16:46.100
>> YES, SIR.
COMMISSIONER ALVAREZ.
>> CASE NUMBER 210-8286.

00:16:49.100 --> 00:16:51.100
COMMISSIONER ALVAREZ.
>> THE AT DECISION SHOULD BE SET

00:16:52.100 --> 00:16:54.100
ASIDE.
THE CLAIMANT DELIVERED

00:16:55.100 --> 00:16:57.100
RESTAURANT FOOD TO CUSTOMERS FOR

00:16:58.100 --> 00:17:00.100
A FEE.
HE USED DOORDASH TO OBTAIN

00:17:01.100 --> 00:17:03.100
CUSTOMERS.
IN 2021 HE CEASED UNEMPLOYMENT

00:17:04.100 --> 00:17:07.100
UNTIL HE COULD RECEIVE THE
COVID-19 VACCINATION.

00:17:08.100 --> 00:17:10.100
HE WAS SELF EMPLOYED AND DIDN'T
WORK IN EMPLOYMENT, AND DID NOT

00:17:11.100 --> 00:17:14.100
HAVE A WORK SEPARATION SET ASIDE
THE APPEAL TRIBUNAL DECISION, NO

00:17:16.100 --> 00:17:19.100
OVERPAYMENT, NO WORK SEPARATION.
>> THE AT SHOULD BE AFFIRMED THE

00:17:23.100 --> 00:17:25.100
THE CLAIMANT STOPPED WORKING DUE

00:17:26.100 --> 00:17:29.100
TO DISSATISFACTION OF WORKING
CONDITIONS.

00:17:29.100 --> 00:17:32.100
THERE IS SUFFICIENT EVIDENCE TO
SUPPORT THE CLAIMANT DIDN'T

00:17:34.100 --> 00:17:37.100
ESTABLISH GOOD CAUSE FOR
QUITTING.
OVERPAYMENT $2140.

00:17:42.100 --> 00:17:44.100
>> VOID THE CONTINUED CLAIM, NO

00:17:45.100 --> 00:17:47.100
OVERPAYMENT, RATHER.

00:17:48.100 --> 00:17:50.100
>> SHORT FORM DISSENT.

00:17:53.100 --> 00:17:56.100
>> YES, SIR.
COMMISSIONER DEMERSON.
>> CASE 281-3205.

00:17:59.100 --> 00:18:01.100
COMMISSIONER DEMERSON.
>> WE SHOULD REVERSE AT PEAL

00:18:02.100 --> 00:18:05.100
TRIBUNAL DECISION ON THE
TIMELINESS OF THE APPEAL.

00:18:06.100 --> 00:18:08.100
DESPITE CHECKING THE MAIL DAILY

00:18:09.100 --> 00:18:11.100
THE DETERMINATION IN QUESTION
WASN'T RECEIVED UNTIL AFTER THE

00:18:12.100 --> 00:18:15.100
DEAD LINE PASSED.
THIS WAS IN THE APPEAL TRIBUNAL.

00:18:17.100 --> 00:18:20.100
THE EMPLOYER CONSISTENTLY HELD
THAT DELAYED RECEIPT OF THE

00:18:21.100 --> 00:18:24.100
DETERMINATION IN THE LATE
APPEAL.
THE EMPLOYER HAS REBUT THED

00:18:26.100 --> 00:18:28.100
RECEIPT.
WE SHOULD DEEM THE EMPLOYER'S

00:18:29.100 --> 00:18:32.100
APPEAL TIMELY.
>> THE CASE SHOULD BE REHEARD.

00:18:35.100 --> 00:18:37.100
THE HEARING OFFICER FAILED TO

00:18:38.100 --> 00:18:41.100
ASK SEVERAL RELEVANT QUESTIONS
REGARDING THE TIMELINESS ISSUE.

00:18:42.100 --> 00:18:45.100
THE RECORD WAS NOT SUFFICIENTLY
DEVELOPED THE CASE SHOULD BE

00:18:46.100 --> 00:18:48.100
REHEARD.

00:18:49.100 --> 00:18:51.100
>> REVERSE THE A ST-RBGS.
TIMELY EMPLOYER APPEAL.

00:18:54.100 --> 00:18:56.100
>> THANK YOU.
WE WILL RESUBMIT THE CASE.

00:18:57.100 --> 00:18:59.100
>> CASE NUMBER 282-7008.

00:19:01.100 --> 00:19:03.100
COMMISSIONER ALVAREZ.
>> THE AT DECISION SHOULD BE

00:19:04.100 --> 00:19:07.100
REVERSED.
THE APPEAL FROM THE CLAIMANT,
THE AGENCY HAS A RECORD WAS MADE

00:19:09.100 --> 00:19:11.100
NOVEMBER 2nd, 2020.
THE APPEAL WAS OCTOBER 30th,

00:19:14.100 --> 00:19:16.100
2020.
THE CLAIMANT SUBMITTED AN APPEAL

00:19:18.100 --> 00:19:21.100
ON OCTOBER 30th, 2020.
THE APPEAL CENTER RESPONDED

00:19:22.100 --> 00:19:24.100
STATING THE E-MAILS WERE

00:19:25.100 --> 00:19:28.100
ANSWERED IN THE ORDER RECEIVED.
THE RESPONSE DID NOT NOTIFY THE

00:19:29.100 --> 00:19:32.100
CLAIMANT THE APPEALS COULDN'T BE
ACCEPTED VIA E-MAIL OR PROVIDE A

00:19:35.100 --> 00:19:38.100
METHOD TO SUBMIT ON-LINE.
>> IF THIS WAS PROVIDED IN THE

00:19:39.100 --> 00:19:42.100
RESPONSE THE CLAIMANT WOULD HAVE
LIKELY APPEALED ON TIME IN AN

00:19:43.100 --> 00:19:46.100
APPROVED METHOD.
THE CLAIMANT'S LATE APPEAL WAS A

00:19:47.100 --> 00:19:49.100
RESULT OF MISLEADING INFORMATION
FROM AN AGENCY REPRESENTATIVE.

00:19:51.100 --> 00:19:53.100
IT SHOULD BE DEEMED TIMELY.
REVERSE THE AT, TIMELY APPEAL,

00:19:55.100 --> 00:19:57.100
RESUBMIT.
>> AT PEAL TRIBUNAL DECISION

00:19:59.100 --> 00:20:01.100
SHOULD BE AFFIRMED.

00:20:02.100 --> 00:20:05.100
CONSEQUENTLY THE APPEAL IS LATE.
THERE ARE NO GOOD CAUSE

00:20:05.100 --> 00:20:08.100
EXCEPTIONS FOR THE TIMELINESS
RULES.

00:20:08.100 --> 00:20:10.100
THIS SHOULD BE DISMISSED AND

00:20:11.100 --> 00:20:13.100
UNDERLYING DECISION SHOULD BE
LEFT IN FULL FORCE AND EFFECT.

00:20:15.100 --> 00:20:17.100
UNTIMELY APPEAL, VOLUNTARY

00:20:19.100 --> 00:20:22.100
LEAVING, NO CHARGE BACK.
>> A FIRM THE AT.

00:20:22.100 --> 00:20:24.100
NO CHARGE BACK.
>> SHORT FORM DISSENT.

00:20:26.100 --> 00:20:29.100
>> YES, SIR.
COMMISSIONER ALVAREZ.

00:20:29.100 --> 00:20:31.100
>> CASE NUMBER 283-4478.

00:20:33.100 --> 00:20:35.100
COMMISSIONER ALVAREZ.
>> THE AT DECISION IS NOT

00:20:37.100 --> 00:20:40.100
SUPPORTABLE.
THE CLAIMANT WAS THE ONLY PARTY
TO APPEAR AT THE HEARING AND

00:20:45.100 --> 00:20:47.100
PROVIDED TESTIMONY HE WAS LET
DUE TO FINANCIAL DIFFICULTIES.

00:20:48.100 --> 00:20:51.100
THERE IS NO EVIDENCE TO DISPUTE
THE TESTIMONY.

00:20:51.100 --> 00:20:53.100
CLAIMANT PREVIOUSLY PROVIDED A

00:20:54.100 --> 00:20:56.100
STATEMENT HE LEFT EARLY DUE TO A

00:20:57.100 --> 00:21:00.100
ILLNESS AND NOTIFIED SOMEONE
BEFORE HE LEFT.

00:21:00.100 --> 00:21:02.100
HE DIDN'T MENTION THE REASON HE
WAS LET GO AT THE TIME, THE

00:21:04.100 --> 00:21:06.100
CLAIMS INVESTIGATOR LIMIT THE

00:21:07.100 --> 00:21:10.100
THE SCOPE OF THE QUESTIONS TO
WHAT THE EMPLOYER STATED IN
THEIR RESPONSE TO THE NOTICE OF

00:21:11.100 --> 00:21:14.100
INITIAL CLAIM.
RATHER THAN ALLOW THE CLAIMANT
TO GIVE HIS SIDE OF THE STORY.

00:21:16.100 --> 00:21:19.100
THE PRIOR STATEMENT FOR THE
CLAIM DOES NOT CONSTITUTE A IN

00:21:20.100 --> 00:21:23.100
CONSISTENT STATEMENT.
THE PREPONDERANCE OF THE

00:21:24.100 --> 00:21:26.100
EVIDENCE CLAIMS THE -- LET GO

00:21:28.100 --> 00:21:30.100
FOR ISSUES.

00:21:31.100 --> 00:21:34.100
REVERSE THE AT, NO MISCONDUCT
AVOID CHARGE BACK.

00:21:35.100 --> 00:21:38.100
>> THE AT DECISION SHOULD BE
AFFIRMED.

00:21:38.100 --> 00:21:41.100
I AGREE THE CHARGE BACK RULING
SHOULD BE VOIDED.

00:21:41.100 --> 00:21:44.100
THE JOB SEPARATION, AT FOUND THE
CLAIMANT LEFT WORK BECAUSE HE

00:21:45.100 --> 00:21:47.100
WAS ILL HE DIDN'T LET THE

00:21:48.100 --> 00:21:51.100
EMPLOYER KNOW OF HIS ABSENCE
PROPERLY.

00:21:51.100 --> 00:21:53.100
THE CLAIMANT PROVIDED TESTIMONY
THAT HIS SUPERVISOR TOLD HIM HE

00:21:55.100 --> 00:21:57.100
WAS BEING LAID OFF.
THE AT NOTED THE CLAIMANT DIDN'T

00:21:59.100 --> 00:22:01.100
MENTION THE CONVERSATION OF THE
INITIAL CLAIM.

00:22:02.100 --> 00:22:05.100
SINCE AT WAS IN THE BEST
POSITION TO GAUGE THE

00:22:05.100 --> 00:22:08.100
CREDIBILITY OF THE CLAIMANT THE
DECISION SHOULD NOT BE

00:22:09.100 --> 00:22:12.100
DISTURBED.
VOID CHARGE BACK RULING.

00:22:13.100 --> 00:22:15.100
>> MODIFY THE AT, NO MISCONDUCT,

00:22:19.100 --> 00:22:21.100
VOID CHARGE BACK.

00:22:24.100 --> 00:22:26.100
>> SHORT FORM.
>> YES, SIR, COMMISSIONER

00:22:27.100 --> 00:22:29.100
DEMERSON.
>> CASE NUMBER 283-9108.

00:22:32.100 --> 00:22:34.100
COMMISSIONER DEMERSON.
>> MODIFY THE APPEAL TRIBUNAL

00:22:37.100 --> 00:22:39.100
DECISION.
THE CLAIMANT WAS SENT HOME AFTER

00:22:40.100 --> 00:22:42.100
SHE WAS PART OF AN ADULT

00:22:43.100 --> 00:22:45.100
PROTECTIVE SERVICES ABUSE WHEN

00:22:47.100 --> 00:22:49.100
THESE ALLEGATIONS ARE MADE
AGAINST A STAFF MEMBER THE

00:22:50.100 --> 00:22:52.100
EMPLOYER CAN NOT ALLOW THE
EMPLOYEE TO WORK DURING THE

00:22:53.100 --> 00:22:56.100
INVESTIGATION.
DURING STATE LICENSING
REQUIREMENTS THE EMPLOYER HAS

00:22:57.100 --> 00:23:00.100
THE OBLIGATION TO MAINTAIN THE
SAFETY AND WELL BEING OF ALL

00:23:01.100 --> 00:23:04.100
RESIDENTS IN THEIR CARE.
THERE WAS LITTLE CHOICE BUT TO

00:23:06.100 --> 00:23:08.100
SUSPEND THE CLAIMANT.
IT WAS URGENT, COMPELLING,

00:23:10.100 --> 00:23:13.100
NECESSARY.
WE SHOULD MODIFY THE AT
DECISION, NO MISCONDUCT, NO

00:23:16.100 --> 00:23:19.100
CHARGE BACK.
SEPARATION WAS YOU ARE
DEPARTMENT AND COMPELLING.

00:23:19.100 --> 00:23:21.100
>> I WOULD AGREE WITH
COMMISSIONER DEMERSON.

00:23:23.100 --> 00:23:25.100
>> AGREED.

00:23:32.100 --> 00:23:35.100
>> UNANIMOUS DECISION.
LAST CASE.

00:23:36.100 --> 00:23:38.100
YOU SHOULD OF RECEIVED THE UI

00:23:39.100 --> 00:23:42.100
SHORT FORM DID I SENT LIFT FOR
DOCKET 29.

00:23:43.100 --> 00:23:45.100
>> I MOVE WE ACCEPT.
>> I SECOND THE MOTION BUT THOSE

00:23:46.100 --> 00:23:49.100
CASES I'M DISSENTING AS
REFLECTED.

00:23:49.100 --> 00:23:51.100
>> I CONCUR WITH THE CHAIRMAN'S

00:23:52.100 --> 00:23:55.100
MOTION EXCEPT THE CASES I'M
DISSENTING IN THE SHORT FORM

00:23:56.100 --> 00:23:58.100
LIST.
>> MOTION PASSES WITH THE

00:23:59.100 --> 00:24:02.100
EXCEPTION OF THOSE NOTED.
>> THANK YOU.
>> THANK YOU.

00:24:02.100 --> 00:24:04.100
TAKE ABOUT A THREE MINUTE BREAK
HERE TO RESET UP FOR THE REST OF

00:24:06.100 --> 00:24:08.100
THE MEETING.

00:26:44.100 --> 00:26:47.100
>> LET'S RECONVENE.
>> MR. CHAIRMAN, I WANTED TO GO

00:26:48.100 --> 00:26:50.100
BACK TO THE LAST ITEM.
IN APPROVING THE SHORT FORM, THE

00:26:53.100 --> 00:26:55.100
LIST UI SHORT FORM DISSENT LIST.

00:26:57.100 --> 00:26:59.100
I WANT TO ACCEPT UNDER UI.

00:27:01.100 --> 00:27:04.100
I WANT TO CONCUR WITH THE
CHAIRMAN'S MOTION EXCEPT THE

00:27:05.100 --> 00:27:07.100
CASES I'M DISSENTING IN THE UI

00:27:10.100 --> 00:27:13.100
SHORT FORM.
>> ALRIGHT.

00:27:13.100 --> 00:27:16.100
THANK YOU.
>> THANK YOU.
>> MOVE TO AGENDA ITEM 8.

00:27:17.100 --> 00:27:19.100
>> JET BOARD RECOMMENDATIONS.

00:27:25.100 --> 00:27:27.100
>> GOOD MORNING, CHAIR MEN.

00:27:29.100 --> 00:27:32.100
COMMISSIONER ALVAREZ,
COMMISSIONER DEMERSON,

00:27:32.100 --> 00:27:35.100
COMMISSIONER.
TO I'M HERE TO PRESENT THE FY21

00:27:38.100 --> 00:27:41.100
JET ADVISORY BOARD
RECOMMENDATION FOR ACTION.

00:27:41.100 --> 00:27:43.100
THE FY JOB AND EDUCATION FOR

00:27:47.100 --> 00:27:49.100
TEXANS PROTECTION WAS ISSUED,

00:27:50.100 --> 00:27:53.100
THE JET FUNDING FOR THIS WAS
SURPRISED OF $8 MILLION IN

00:27:54.100 --> 00:27:57.100
GENERAL REVENUE FUNDS.
$2 MILLION IN PERK IN FUNDS,

00:27:59.100 --> 00:28:01.100
$900,000 IN ITF FUNDS DESIGNATED

00:28:03.100 --> 00:28:05.100
FOR CONSUMABLES TOTALING

00:28:06.100 --> 00:28:09.100
$10.9 MILLION.
56 APPLICATIONS WERE RECEIVED.

00:28:10.100 --> 00:28:13.100
23 FROM INSTITUTIONS OF HIGHER
EDUCATION.

00:28:14.100 --> 00:28:17.100
33 APPLICATIONS FROM INDEPENDENT
SCHOOL DISTRICTS.

00:28:17.100 --> 00:28:19.100
HOUSE BILL 3062 FROM THE 84th

00:28:21.100 --> 00:28:23.100
LEGISLATIVE SESSION STATES THE

00:28:24.100 --> 00:28:26.100
ADVISORY BOARD SHOULD MEET AT
LEAST ONCE EACH QUARTER OR AS

00:28:28.100 --> 00:28:31.100
NEEDED TO REVIEW AND RECEIVE
APPLICATIONS AND AWARDING GRANTS

00:28:33.100 --> 00:28:35.100
UNDER THIS CHAPTER.
JULY 8th, 20219 JET ADVISORY

00:28:38.100 --> 00:28:41.100
BOARD MET TO REVIEW JET
APPLICATIONS.

00:28:41.100 --> 00:28:44.100
THE ADVISORY BOARD MADE THE
FOLLOWING RECOMMENDATION TO THE

00:28:44.100 --> 00:28:47.100
COMMISSION.
TO RECOMMEND THE COMMISSION TO
DIRECT STAFF TO MOVE FORWARD

00:28:48.100 --> 00:28:51.100
WITH AWARDING GRANTS BASED ON
THE FINALLY VALUATION SCORE WITH

00:28:52.100 --> 00:28:54.100
ABILITY TO MOVE DOWN THE LIST 50

00:28:55.100 --> 00:28:57.100
POINTS AND ABOVE AS RECAPTURED

00:28:58.100 --> 00:29:00.100
FUNDS ARE AVAILABLE DURING THE
CONTRACTING PHASE AND UTILIZE

00:29:01.100 --> 00:29:03.100
REMAINING I SD FUNDS TO FUND

00:29:05.100 --> 00:29:08.100
ADDITIONAL IHE GRANTS.
STAFF SEEKS DIRECTION ON

00:29:09.100 --> 00:29:12.100
COMMISSION APPROVAL OF THE
RECOMMENDATION AS OUTLINED ABOVE

00:29:14.100 --> 00:29:16.100
REGARDING AWARDING JET RFA

00:29:18.100 --> 00:29:20.100
APPLICATIONS.
>> COMMENTS OR QUESTIONS.

00:29:21.100 --> 00:29:24.100
>> NONE HERE, CHAIRMAN.
>> NONE.
>> DO WE HAVE A MOTION.

00:29:24.100 --> 00:29:27.100
>> CHAIRMAN I MOVE WE DIRECT
STAFF TO MOVE FORWARD WITH

00:29:28.100 --> 00:29:31.100
AWARDING GRANTS BASED ON THE
FINALLY VALUATION SCORE WITH

00:29:32.100 --> 00:29:35.100
ABILITY TO MOVE DOWN THE LIST 50
POINTS AND ABOVE AS RECAPTURE

00:29:36.100 --> 00:29:39.100
FUNDS ARE AVAILABLE DURING THE
CONTRACTING PHASE AND UTILIZE

00:29:39.100 --> 00:29:41.100
REMAINING ISD FUNDS TO FUND

00:29:42.100 --> 00:29:44.100
ADDITIONAL IHE GRANTS.

00:29:45.100 --> 00:29:48.100
>> SECOND.
>> MOVED AND SECOND.
WE'RE UNANIMOUS.

00:29:48.100 --> 00:29:50.100
THANK YOU.
>> THANK YOU.

00:29:51.100 --> 00:29:54.100
>> NOTHING ITEM NINE.
TEN?

00:29:54.100 --> 00:29:56.100
NO.
BOARD NOMINATIONS ITEM 11.

00:30:00.100 --> 00:30:03.100
>> GOOD MORNING, CHAIRMAN,
COMMISSIONERS AND MR.

00:30:04.100 --> 00:30:06.100
FOR THE RECORD SHUNTA WILLIAMS.

00:30:08.100 --> 00:30:10.100
BEFORE YOU FOR CONSIDERATION
TODAY ARE WORK FORCE BOARD

00:30:11.100 --> 00:30:13.100
NOMINATIONS FOR WORK FORCE
SOLUTIONS -- VALLEY, CAPITOL

00:30:16.100 --> 00:30:18.100
AREA, SOUTH TEXAS, GULF COAST

00:30:19.100 --> 00:30:22.100
AND SOUTHEAST TEXAS.
STAFF ARE BEING MENDS

00:30:22.100 --> 00:30:25.100
NOMINATIONS TO BE APPROVED.
I'M HERE FOR QUESTIONS YOU HAVE.

00:30:26.100 --> 00:30:29.100
>> COMMENTS OR QUESTION.
>> NONE HERE.
>> A MOTION.

00:30:29.100 --> 00:30:32.100
>> CHAIRMAN I MOVE TO APPROVE
THE BOARD NOMINEES.

00:30:36.100 --> 00:30:39.100
>> MOVED AND SECOND WE'RE
UNANIMOUS.
>> THANK YOU.

00:30:39.100 --> 00:30:41.100
>> THANK YOU.
NOTHING UNDER ITEM 12.

00:30:42.100 --> 00:30:45.100
I THINK WE HAVE A LEGISLATIVE
REPORT TODAY.

00:30:51.100 --> 00:30:54.100
>> GOOD MORNING MR. CHAIRMAN,
COMMISSIONER DEMERSON,

00:30:54.100 --> 00:30:56.100
COMMISSIONER ALVAREZ.

00:30:57.100 --> 00:30:59.100
LAST WEEK WE SENT TO YOUR
OFFICES THE ACTIONS FROM THE

00:31:00.100 --> 00:31:03.100
HOUSE APPROPRIATIONS COMMITTEE
AS IT RELATES TO FISCAL YEAR

00:31:04.100 --> 00:31:06.100
2022 TITLE.

00:31:07.100 --> 00:31:09.100
WE DO EXPECT THAT ACTION WILL BE

00:31:10.100 --> 00:31:12.100
COMBINED INTO A MINI BUS

00:31:13.100 --> 00:31:15.100
APPROPRIATIONS BILL SOON.
WHEN WE GET THE LEGISLATIVE TEXT

00:31:16.100 --> 00:31:18.100
FOR THE BILL NUMBER WE WILL
UPDATE YOUR OFFICES WITH THE

00:31:19.100 --> 00:31:22.100
INFORMATION.
ALSO THERE IS FOUR HEARINGS
MONITORING AT THE CONGRESSIONAL

00:31:24.100 --> 00:31:26.100
LEVEL.
TODAY AT 10:15 THE U.S. HOUSE

00:31:28.100 --> 00:31:30.100
LABOR SUBCOMMITTEE ON HIGHER

00:31:31.100 --> 00:31:34.100
EDUCATION WORK FORCE INVESTMENT
WILL HOLD A HEARING IN INVESTING

00:31:35.100 --> 00:31:38.100
IN THE DIRECT CARE WORKFORCE.
WEDNESDAY 10:15 THE U.S.

00:31:39.100 --> 00:31:41.100
HOUSE -- HEALTH EMPLOYMENT LABOR

00:31:42.100 --> 00:31:45.100
ADD PENSIONS WILL HOLD A HEARING
TITLE PHASING OUT SUB MINIMUM

00:31:47.100 --> 00:31:49.100
WAGING.
WEDNESDAY 10:00 A.M. THERE WILL

00:31:51.100 --> 00:31:53.100
BE A HEARING ON HR1936 THE CHILD

00:31:55.100 --> 00:31:57.100
CARE CHOICES ACT OF 2021.

00:31:58.100 --> 00:32:01.100
THEN THURSDAY AT 10:00 A.M. THE
U.S. SENATE HEALTH -- THE RIGHT

00:32:03.100 --> 00:32:06.100
TO ORGANIZE EMPOWERING AMERICAN
WORKERS IN A 21st CENTURY

00:32:08.100 --> 00:32:11.100
ECONOMY.
PROVIDE SUMMARIES TO THE OFFICES
FOR THE COMMITTEE.

00:32:13.100 --> 00:32:16.100
FOR THE COMMITTEE ACTIONS THAT.
CONCLUDES MY REMARKS.

00:32:16.100 --> 00:32:19.100
I'M HAPPY TO ANSWER ANY
QUESTIONS YOU MAY HAVE.

00:32:19.100 --> 00:32:22.100
>> COMMENTS OR QUESTIONS.
>> NONE HERE, CHAIRMAN.
>> NONE.

00:32:22.100 --> 00:32:25.100
>> THANK YOU.
AN EXECUTIVE DIRECTOR REPORT

00:32:26.100 --> 00:32:29.100
TODAY.
>> MR. CHAIRMAN I WOULD LIKE TO
REQUEST WE BE ALLOWED TO MOVE

00:32:31.100 --> 00:32:34.100
THE IT UPDATE WHILE WE'RE
PREPARED TO DO THAT I THINK IT

00:32:35.100 --> 00:32:38.100
WOULD BE BETTER IF COMMISSIONER
ALVAREZ WOULD BE ABLE TO ATTEND

00:32:40.100 --> 00:32:43.100
IN PERSON.
WE WILL DO THAT NEXT AVAILABLE
MEETING.

00:32:43.100 --> 00:32:46.100
>> ABSOLUTELY.
THANK YOU.
>> I HAVE NOTHING ELSE TO

00:32:46.100 --> 00:32:49.100
REPORT.
>> ALRIGHT.
ANYTHING ELSE TO COME BEFORE THE

00:32:49.100 --> 00:32:52.100
COMMISSION.
>> NONE HERE, CHAIRMAN.
>> A MOTION TO ADJOURN?

00:32:53.100 --> 00:32:56.100
>> CHAIRMAN I MOVE WE ADJOURN.
>> SECOND.

00:32:56.100 --> 00:32:58.100
>> MOVE AND SECONDED TO ADJOURN.