The URL can be used to link to this page

Home My WebLink AboutResolutions - 1983.03.16 - 11603Date: February 2h, 1983 Miscellaneous Resolution No. 83039 BY : PUBLIC SERVICES COMMITTEE - James E. Lanni, Chairperson IN RE: SETTLEMENT OF CETA GRIEVANCE CASE 81-CETA-200 (JUDY ALLEN, ET AL., VS. WATERFORD SCHOOL DISTRICT) 5/27/77 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Vd. or ,- the Oakland County Board of Commissioners by Miscellaneous Resolutions No. 6546 and No. 8883 applied for and was granted the designation as Prime Sponsor by the U. S. Department of Labor to administer the provisions of the Comprehensive EMployment and Training Act of 1973 and the Comprehensive EMployment and Training Act Amendments of 1978; and WHEREAS CETA Regulations request, in part, for the Prime Sponsor to establish and administer a grievance procedure to receive, investigate and resolve grievances and adjudicate disputes under the Act; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 6959 adopted grievance procedures consistent with CETA Regulations; and WHEREAS in Grievance Case No. 81-CETA-200 entitled "Judy Allen, et al., vs. Waterford School District" a ruling has been received dated January 7, 1983 from Administrative Law Judge Melvin Warshaw to award the three complainants in question the sum of $6,118.33 each, back pay for a ten (10) day period of unemployment with interest payment, effective May 27, 1977, and that CETA funds cannot be used to satisfy foregoing payments; and WHEREAS said costs for said payments have been computed to total $34,667.64 which includes interest through the date of the ruling; and CR ,AS it has been projected that to appeal the ALJ's decision to the U. S. 6th District Court would incur additional costs of approximately $20,000 for legal services, and possible extended interest payment on the back pay award for a total cost in excess of $60,000; and WHEREAS a cash settlement can be negotiated with the plaintiff for the withdrawal of the case in the amount of, no more or no less, than $28,000; and WHEREAS legal services from Corporation Counsel will be made available to the CETA staff to represent the interest and any liability to the County in these legal matters; and WHEREAS the Oakland County Office of Corporation Counsel has recommended the approval for a negotiated settlement in the amount of $28,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the recommendation of the Public Services Committee to negotiate a settlement of CETA Grievance Case No. 81-CETA-200 in an amount not to exceed $28,000. Mr. Chairperson on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: MISCELLANEOUS RESOLUTION #83039 - SETTLEMENT OF CETA GRIEVANCE CASE 81-CETA-200 (JUDY ALLEN, ET AL, Vs WATERFORD SCHOOL DISTRICT) 5/27/77 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has re- viewed Miscellaneous Resolution #83039 and finds $28,000 necessary for settlement of said case; said funds available in the 1983 Contingency Account. Further, the Board of Commissioners apprpriates $28,000 from the 1983 Contingency Account and transfers said funds to the 1983 Non-Departmental- CETA Liability Cost Account as follows: 990-02-00-9990 - Contingency $(28,000) 927-02-00-3528 - CETA Liab, Cost 28,000 -0- FINANCE COMMITTEE 230 South Deaf1ioin St.rcTilt Chicago, Hiinois 60604 Floply to tho Atfonfirm of: 5 TOCA-2 January 20, 1983 Mr. Harold R. McKay, Division Manager Oakland County Employment and Training Administration 377 South Telegraph Road Pontiac, Michigan 48053 Subject: Judy Allen, at al., Complainants vs. Waterford School District and County of Oakland, C.E.T.A., Respondents Case No. 81-CETA-200 Dear Mr. McKay: In a decision signed January 7, 1983, judge Melvin Warshaw, Administrative Law Judge ordered the following with regards to the above referenced. case; ORDER 1. The County of Oakland is directed to pay each of the Complainants, Judy Allen, Marylyn Allen and Debbie Dengate, the sum of $6,118.33 *.- in addition to an amount equal to the wages they would earned (sic) ' as teacher aids between the period May 27, 1977 and June 7, 1977. Said payments may not be reduced by reason of any wages or unemploy- ment insurance received by them between June 27, 1977 and July 18, 1980. 2. Interest, at the rate established by the Secretary of the Treasury in computing interest on government contracts, shall be added to the payments hereinabove provided. 3. All ,records concerning the adverse action taken against the • Complainants on May 27, 1977 shall be expunged and their employment by the Waterford School District sikall be deemed to have terminated • because of the discontinuance of the project on which they were employed. 4. The Prime Sponsor shall consider Complainants for any and all CETA employment for which they may be eligible and shall provide Com- plainants all CETA services as may be appropriate. 5. CETA funds may not be expended by the County of Oakland to satisfy the foregoing payments in that it is expressly prohibited by federal law (41 C. F. R ill-15). * In accordance with second errata aheet received februarr 10, 1983 by Oakland County Employment and Training Division, JAN 2 4 1".a -2- In consideration of the above, please provide this office with written detail of the manner the County of Oakland intends to execute the order. A response to this letter is required on or before February 18, 1983. Sincerely, 7 DANIEL P. HARLEY Grant Officer #83039 March 17, 1983 17th day of March 1983 Moved by Lanni supported by Jackson that resolution #83039 be adopted. AYES: Hobart, Jackson, R. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Page, Pernick, Price, Rewold, Wilcox, Aaron, Calandra, Doyon, Foley, Fortino, Gosling. (22) NAYS: None. (0) A sufficient majority having voted therefor, resolution #8303 was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a sea do hereby certify that I have compared the annexed copy of Miscellaneous Resolution # 83039 adopted by the Oakland County Board of Commissioners at their meeting held on March 17, 1983 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this LYNN/D. ALLEN, County Clerk/Register of D ,;