CHM, Part 3, Compliance, Detailed Table of Contents

Total Page:16

File Type:pdf, Size:1020Kb

CHM, Part 3, Compliance, Detailed Table of Contents REVISIONS TO COMPLIANCE MANUAL Date Section Update 10/7/2015 10632.6 List of documents to be submitted to CCSLB updated as per ICG 16-01 11/24/2015 10582.1, 10582.2 Procedures for Requesting Disbursement 11/24/2015 Added appendix 25 Finance Branch Disbursement Form 11/24/2015 Added appendix 26 OCFO Recipient Information Form 4/15/2016 10557, 10578.4 Reporting of Backpay Allocation to Social Security Administration 9/1/2016 10592.8 Reinstatement 4/17/17 10508.3 Resolving Remedial Issues in the Original ULP Proceedings 4/17/17 10566.2 Daily Compounded Interest will Accrue on all Backpay on a Pay Period Basis 6/21/17 10557 Reporting of Backpay Allocation to the Social Security Administration 6/21/17 10578.4 Allocation of Social Security Credit 7/22/2017 10562.1 Overview 7/22/2017 10562.2 Resources and Methods 7/22/2017 10582.3 Escrow for Missing or Unavailable Discrminatees 7/22/2017 Index Remove: • Advertising for Missing Discriminatees (under A) • Advertising for (under Discriminatees) • Searching for (under Missing) • Locating Missing Discriminatees (under L) • Searching for Missing Discriminatees (under S) • Letter Forwarding to Missing Discriminatee (under Social Security Security) 7/22/2017 10704.1 Division of Operations-Management - Submit DETAILED TABLE OF CONTENTS COMPLIANCE PROCEEDINGS INTRODUCTION Purpose of the Manual Detailed Table of Contents 10504 Precomplaint Compliance Procedures ............................................................................. 10504 10504.1 Overview ................................................................................................................ 10504.1 Information from Charging Parties/Potential Discriminatees ................................................. 10504.2 Identifying Unnamed Discriminatees ..................................................................................... 10504.3 Recording Social Security Numbers/Interim Employers ........................................................ 10504.4 Obtain Full and Correct Name of Charged Parties ................................................................. 10504.5 Labor Organization Respondents ........................................................................................... 10504.6 Identifying Recidivist Respondents ........................................................................................ 10504.7 Investigation of Alter Ego Operations, Disguised Continuances and Successors .................. 10504.8 Derivative Liability ................................................................................................................ 10504.9 Bankruptcy Coordinator ....................................................................................................... 10504.10 Compliance Assistance From the Compliance Unit and Contempt, Compliance and Special Litigation Branch ...................................................................... 10504.11 Initiation of Compliance Actions ................................................................................................. 10506 Overview ................................................................................................................................ 10506.1 Upon the Region’s Determination of a Violation or Issuance of a Complaint ....................... 10506.2 Maintaining Contact with Discriminatees and Identifying Unnamed Discriminatees ............ 10506.3 Monitoring Ability to Comply ................................................................................................ 10506.4 Following an Informal Settlement Agreement ....................................................................... 10506.5 Following a Formal Settlement Agreement ............................................................................ 10506.6 Following an Administrative Law Judge’s Decision .............................................................. 10506.7 Following a Board Order ........................................................................................................ 10506.8 Following Entry of a Court Judgment .................................................................................... 10506.9 Compliance Procedures While Appeals, Exceptions, and Motions for Reconsideration are Pending ........................................................................................... 10506.10 Following Dismissal of Unfair Labor Practice Proceedings ................................................. 10506.11 Procedures to Follow Upon Issuance of Complaint ................................................................... 10508 Upon the Region’s Determination of a Violation or Issuance of a Complaint ....................... 10508.1 Review of the Complaint for Compliance Issues ................................................................... 10508.2 Resolving Remedial Issues in the Original Unfair Labor Practice Proceedings ..................... 10508.3 Monitoring Respondent’s Ability to Comply ......................................................................... 10508.4 Investigative Methods ............................................................................................................ 10508.5 Investigative Resources .......................................................................................................... 10508.6 Investigative Subpoenas ......................................................................................................... 10508.7 Establish and Maintain Contact with Discriminatees ............................................................. 10508.8 Calculate Backpay With Information Collected From Discriminatees................................... 10508.9 DETAILED TABLE OF CONTENTS Determining Compliance Requirements .................................................................................... 10512 Overview ................................................................................................................................ 10512.1 Negative Provisions ...................................................................................................................... 10514 Affirmative Provisions ................................................................................................................. 10516 Notice Posting ............................................................................................................................... 10518 Wording Fixed ........................................................................................................................ 10518.1 Location and Number of Notices ............................................................................................ 10518.2 Preparation of Notices for Posting .......................................................................................... 10518.3 Respondent Effectuation of Posting ....................................................................................... 10518.4 Posting by a Union ................................................................................................................. 10518.5 Side Notices ............................................................................................................................ 10518.6 Routine Notice Checks ........................................................................................................... 10518.7 Possible Contempt for Refusal to Post Notices ...................................................................... 10518.8 Notice Mailing ............................................................................................................................... 10520 Determining Compliance with Enhanced Remedies Provisions ............................................... 10521 Electronic Posting/Distribution of Notices ............................................................................. 10521.1 Notice Reading ....................................................................................................................... 10521.2 Preserve and Make Available Records ....................................................................................... 10522 Report to the Regional Director on Compliance Steps Taken ................................................ 10522.1 Reimbursement for Dues Deducted ............................................................................................ 10524 Compliance With a 10(k) Determination of Dispute ................................................................. 10526 Bargaining ..................................................................................................................................... 10528 Overview ................................................................................................................................ 10528.1 Affirmative Requirements That Require Charging Party Request ......................................... 10528.2 Obligations to Recognize, Meet, and Bargain ........................................................................ 10528.3 Bargaining Obligations Monitored for a Reasonable Period of Time .................................... 10528.4 Make-Whole Benefit Funds .................................................................................................... 10528.5 Disestablishment..................................................................................................................... 10528.6 Transmarine Remedy .............................................................................................................
Recommended publications
  • Common Errors in Contractually Limiting Damages Theresa Y
    Legal Insight Attorneys at Law Damage Control: Common Errors in Contractually Limiting Damages Theresa Y. Kananen We’ve all heard the proverb, “Prepare for the worst, but hope for the best.” Nowhere is that advice more fitting than in drafting a contract. Of course, the main focus of any negotiation will be the terms of the deal itself – who is doing what, when should it be done, and how much it will cost. But it’s equally important to consider what will happen if the relationship goes south. How can you protect yourself and your organization from liability? Contractual provisions for liquidated damages, indemnification, or other limitations on liability are a few of the most commonly used “damage control” tools. In too many cases, however, drafting errors transform the very provisions intended to provide for clear-cut remedies, or clear-cut limitations on remedies, into sources of prolonged and expensive litigation. Here are three of the most common pitfalls you’ll want to avoid the next time you include one of these “damage control” provisions in your contract. Liquidated vs. Actual Damages Liquidated damages are a fixed amount of damages designated by the parties during the formation of the contract as the remedy for one or more breaches. Typically, liquidated damages are enforceable only when actual damages would be difficult to calculate with precision, and when the liquidated sum is a reasonable estimate of the actual damages flowing from a breach. In other words, because liquidated damages are a substitute for actual damages, you can’t have both. Otherwise, the liquidated damages become an unenforceable penalty.
    [Show full text]
  • Uncle Sam's Right to Damages for Delay in the Wonderland of Government Contracting James A
    Santa Clara Law Review Volume 10 | Number 1 Article 2 1-1-1969 Uncle Sam's Right to Damages for Delay in the Wonderland of Government Contracting James A. Lande Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation James A. Lande, Uncle Sam's Right to Damages for Delay in the Wonderland of Government Contracting, 10 Santa Clara Lawyer 2 (1969). Available at: http://digitalcommons.law.scu.edu/lawreview/vol10/iss1/2 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. UNCLE SAM'S RIGHT TO DAMAGES FOR DELAY IN THE WONDERLAND OF GOVERNMENT CONTRACTING James A. Lande* INTRODUCTION If Humpty Dumpty happened to wander into the wonderland of Government contracting, he might feel quite at home in the topsy- turvy terrain. In this strange land he would probably be told that the Government is like any ordinary individual when making a con- tract, yet he could readily observe a vast difference between Gov- ernment and commercial contracts.' Furthermore, contractors appear to recover much money in claims against the Government, but one hears of little activity by the Government to recover its claims against contractors. In the eyes of the law, under contract principles, both parties are equal. However, while contractors obtain substantial sums for delay caused by the Government, the Govern- ment does not seem to recoup its losses due to tardy performance by the contractor.
    [Show full text]
  • Proffer, Plea and Cooperation Agreements in the Second Circuit
    G THE B IN EN V C R H E S A N 8 D 8 B 8 A E 1 R SINC Web address: http://www.law.com/ny VOLUME 230—NO.27 THURSDAY, AUGUST 7, 2003 OUTSIDE COUNSEL BY ALAN VINEGRAD Proffer, Plea and Cooperation Agreements in the Second Circuit he Department of Justice over- Northern and Western districts provide sees 93 U.S. Attorney’s offices that proffer statements will not be used in throughout the country and any criminal proceeding, the Eastern and beyond. Thousands of criminal Southern agreements are narrower, T promising only that such statements will prosecutors in these offices are responsible for enforcing a uniform set of criminal not be introduced in the government’s statutes, sentencing guidelines and case-in-chief or at sentencing. Thus, Department of Justice internal policies. proffer statements in those districts may Among the basic documents that are be offered at detention hearings and criminal prosecutors’ tools of the trade are suppression hearings as well as grand proffer, plea and cooperation agreements. jury proceedings. These documents govern the relationship Death Penalty Proffer. The Eastern between law enforcement and many of the District’s proffer agreement has a provision subjects, targets and defendants whom defendant) to make statements to the that assures a witness or defendant that DOJ investigates and prosecutes. government without fear that those proffer statements will not be considered Any belief that these agreements are as statements will be used directly against the by the U.S. Attorney’s Office in deciding uniform as the laws and policies underly- witness in a later prosecution.
    [Show full text]
  • Emergency Operations Revision: 79 Effective Date: July 28, 2021
    PJM Manual 13: Emergency Operations Revision: 79 Effective Date: July 28, 2021 Prepared by System Operations Division PJM © 2021 PJM Manual 13: Emergency Operations Table of Contents Table of Contents Table of Exhibits......................................................................................... 6 Approval...................................................................................................... 7 Current Revision.........................................................................................8 Introduction.................................................................................................9 About PJM Manuals.............................................................................................................9 About This Manual...............................................................................................................9 Intended Audience.....................................................................................................9 References...............................................................................................................10 Using This Manual.............................................................................................................10 What You Will Find In This Manual.......................................................................... 10 Section 1: Overview..................................................................................11 1.1 Policy Statements.......................................................................................................
    [Show full text]
  • Traveling Salesman Problem
    TRAVELING SALESMAN PROBLEM, THEORY AND APPLICATIONS Edited by Donald Davendra Traveling Salesman Problem, Theory and Applications Edited by Donald Davendra Published by InTech Janeza Trdine 9, 51000 Rijeka, Croatia Copyright © 2010 InTech All chapters are Open Access articles distributed under the Creative Commons Non Commercial Share Alike Attribution 3.0 license, which permits to copy, distribute, transmit, and adapt the work in any medium, so long as the original work is properly cited. After this work has been published by InTech, authors have the right to republish it, in whole or part, in any publication of which they are the author, and to make other personal use of the work. Any republication, referencing or personal use of the work must explicitly identify the original source. Statements and opinions expressed in the chapters are these of the individual contributors and not necessarily those of the editors or publisher. No responsibility is accepted for the accuracy of information contained in the published articles. The publisher assumes no responsibility for any damage or injury to persons or property arising out of the use of any materials, instructions, methods or ideas contained in the book. Publishing Process Manager Ana Nikolic Technical Editor Teodora Smiljanic Cover Designer Martina Sirotic Image Copyright Alex Staroseltsev, 2010. Used under license from Shutterstock.com First published December, 2010 Printed in India A free online edition of this book is available at www.intechopen.com Additional hard copies can be obtained
    [Show full text]
  • Proffer Agreements
    BAR OURNAL J FEATURE States Attorney’s office for the Eastern District of New York provides: [T]he Office may use any statements made by Proffer Agreements Client: (A) to obtain leads to other evidence, which evidence may be used by the Office in any stage of a criminal prosecution (including What Is Your Client Waiving but not limited to detention hearing, trial or sentencing), civil or administrative proceeding, (B) as substantive evidence to and Is It Worth the Risk? cross-examine Client, should Client testify, and (C) as substantive evidence to rebut, directly or indirectly, any evidence offered or elicited, BY JOHN MCCAFFREY & JON OEBKER or factual assertions made, by or on behalf of Client at any stage of a criminal prosecution (including but not limited to detention hearing, our client is the target of a federal a plea of guilty later withdrawn” is inadmissible trial or sentencing).(Emphasis added.) investigation. He is offered the against the defendant. It is well-settled that the In practice, the particular language of these opportunity to speak with prosecutors protections afforded under these rules can be agreements determines what triggering events Yand investigators so that they have “his side” waived in proffer agreements, thus opening the open the door to the admission of a client’s of the story before determining whether door for a client’s statements to be used against proffer statements at trial. For example, in charges will be pursued. You may ask yourself, him at trial. United States v. Mezzanatto, 513 United States v. Gonzalez, 309 F.3d 882 (5th “What do I have to lose?” Well, the answer is U.S.
    [Show full text]
  • An Uncertain Penalty: a Look at the International Community's Inability to Harmonize the Law of Liquidated Damages and Penalty Clauses
    Law and Business Review of the Americas Volume 15 Number 4 Article 4 2009 An Uncertain Penalty: A Look at the International Community's Inability to Harmonize the Law of Liquidated Damages and Penalty Clauses Jonathan S. Solorzano Follow this and additional works at: https://scholar.smu.edu/lbra Recommended Citation Jonathan S. Solorzano, An Uncertain Penalty: A Look at the International Community's Inability to Harmonize the Law of Liquidated Damages and Penalty Clauses, 15 LAW & BUS. REV. AM. 779 (2009) https://scholar.smu.edu/lbra/vol15/iss4/4 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Law and Business Review of the Americas by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. AN UNCERTAIN PENALTY: A LOOK AT THE INTERNATIONAL COMMUNITY'S INABILITY TO HARMONIZE THE LAW OF LIQUIDATED DAMAGE AND PENALTY CLAUSES Jonathan S. Sol6rzano I. INTRODUCTION S the global economy rapidly expands and cross-border commer- cial contracts proliferate, the need to establish harmony between legal systems has never been a more pressing issue. It is trouble- some when legal systems are so philosophically divided as to actually im- pede the free flow of goods and services between countries. When nations lack ideological uniformity, the economic actors working within their legal frameworks face uncertainty. This leads to a reduction in their willingness to enter contracts if their potential liabilities are vague or the transaction costs of dealing with these ambiguities are raised.
    [Show full text]
  • Jenner && Block Construction News
    Construction Law Practice Construction News FALL 2004 Congratulations to the Chair of Jenner & You Can’t Have Your Cake Block's Construction Law Practice, And Eat It Too: “Optional” Joseph G. Bisceglia, who was recently elected Third Vice- Liquidated Damages Clauses President of the Illinois State Bar Association (ISBA) and will automatically assume the posi- Are Unenforceable tion of President in 2007. Mr. Bisceglia has a long history of involvement in the ISBA during his 30 years of practice in Construction contracts often Resource’s repeated delays, the commercial and construction litigation at include “liquidated damages” parties amended their contract to Jenner & Block. Mr. Bisceglia is the clauses. A proper liquidated add a liquidated damages clause. third Jenner & Block lawyer to be elected damages clause is meant to Id. at *1. The liquidated damages President of the ISBA. The first was memorialize the parties’ clause stated: Judge Floyd Thompson. The second was name Partner Albert E. Jenner, Jr. agreement in advance as to the amount of damages that will arise Liquidated Damages Payment. from a breach of contract. If Contractor fails to commence However, those in the commercial operation of the Table of Contents construction industry need to be Gas-to-Electric Plant on or mindful that an improperly worded before the date specified in You Can’t Have Your Cake Paragraph 7(b)(15) . Seller And Eat It Too 1 clause may not be effective. In a recent case, the United States may assess and collect from U.S. Supreme Court to Consider Contractor, at Seller’s Major Issue for CERCLA Cost District Court for the Northern Recovery Scheme 3 District of Illinois affirmed a option, liquidated damages in bankruptcy court’s ruling that an an amount equal to Two Contractor Defamed During Thousand Five Hundred and Unionization Campaign May Be “optional” liquidated damages Entitled To Punitive Damages 4 clause was unenforceable under No/100 Dollars ($2,500.00) Illinois law.
    [Show full text]
  • Initiation Combined with the Auxiliary and the Son’S
    7145 EAST SECOND STREET American Legion Post 44 SCOTTSDALE, AZ 85251-5575 LOUNGE (480) 941-9053 American Legion Talks OFFICE (480) 941-0130 January 2014 www.post44.org - [email protected] VOLUME 2014 PUBLISHED MONTHLY FOR MEMBERS ISSUE 1 Post Commander, John Hyde Well here it is January the start of another great year for Post 44. I hope all will have a great New Year. We have a lot going on this month and I hope all the visitors will enjoy the newly decorated club. The trustees worked very hard on this. I along with two master painters was a big help. The Master painters were Bob Horkey and Keith Thomas. I thank them and also Mike Scholz who coordinated this with the help of a decorator. The new fixtures were installed by Ron Ishen. Steve added a timer to the heater on the patio. This will save us some money. The Trustees have done a great job for our Post. When you see Mike Scholz, Steve Tivnan and Ron Ishen tell them thanks. The month of January will have the New member Initiation combined with the Auxiliary and the Son’s. This will be the second year that we have done this and I believe that it adds to the legion family to see just what a great family we have. This will include a buffet; so mark this date 14 January 6:00PM. I encourage all members to come and visit our new members. This is what makes our Post grow. We must also congratulate our Boy Scout Troop 440, Scout Master Bill Norling and his crew have done a fantastic job with our Scouts.
    [Show full text]
  • 1. Rules of Evidence: Hearsay: Appeal and Error. an Appellate Court
    Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 09/29/2021 09:46 AM CDT - 515 - NEBRASKA COURT OF APPEALS ADVAncE SHEETS 25 NEBRASKA APPELLATE REPORTS STATE V. LINDBERG Cite as 25 Neb. App. 515 STATE OF NEBRASKA, APPELLEE, V. JUSTIN LINDBERG, APPELLANT. ___ N.W.2d ___ Filed February 6, 2018. No. A-17-154. 1. Rules of Evidence: Hearsay: Appeal and Error. An appellate court reviews for clear error the trial court’s factual findings underpinning the excited utterance hearsay exception, resolving evidentiary conflicts in favor of the successful party, who is entitled to every reasonable infer- ence deducible from the evidence. 2. ____: ____: ____. An appellate court reviews de novo the trial court’s ultimate determination to admit evidence over a hearsay objection or exclude evidence on hearsay grounds. 3. Constitutional Law: Witnesses: Appeal and Error. An appellate court reviews de novo a trial court’s determination of the protections afforded by the Confrontation Clause of the Sixth Amendment to the U.S. Constitution and article I, § 11, of the Nebraska Constitution and reviews the underlying factual determinations for clear error. 4. Trial: Testimony: Appeal and Error. When an objection has been made once to the admission of testimony and overruled by the court, it shall be unnecessary to repeat the same objection to further testimony of the same nature by the same witness in order to save the error, if any, in the ruling of the court whereby such testimony was received. 5. Rules of Evidence: Hearsay: Words and Phrases. Hearsay is a state- ment, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
    [Show full text]
  • The Child Witness in Tort Cases: the Trials and Tribulations of R
    William Mitchell Law Review Volume 24 | Issue 1 Article 2 1998 The hiC ld Witness in Tort Cases: The rT ials and Tribulations of Representing Children Chris A. Messerly Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Messerly, Chris A. (1998) "The hiC ld Witness in Tort Cases: The rT ials and Tribulations of Representing Children," William Mitchell Law Review: Vol. 24: Iss. 1, Article 2. Available at: http://open.mitchellhamline.edu/wmlr/vol24/iss1/2 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Messerly: The Child Witness in Tort Cases: The Trials and Tribulations of R THE CHILD WITNESS IN TORT CASES: THE TRIALS AND TRIBULATIONS OF REPRESENTING CHILDREN Chris A. Messerlyt Trib-u-la-tion; n: distress or suffering resulting from op- pression, persecution or affliction also: a trying experi- ence.* I. INTRODUCTION ......................................................................169 II. To TESTIFY OR NOT TO TESTIFY, THAT IS THE QUESTION ....170 A . Obeying the Child ..............................................................171 III. IS THE CHILD COMPETENT TO TESTIFY? ................................178 IV. PREPARING THE CHILD TO MEET DARTH VADER ...................180 V. PRESENTING THE CHILD'S "TESTIMONY" WITHOUT CALLING THE CHILD TO TESTIFY ...........................................184 VI. CONCLUSION ..........................................................................188 I. INTRODUCTION A child's testimony may provide some therapeutic value for the child,1 but, at the same time it is unquestionably traumatic for a child.
    [Show full text]
  • Short Testimony of Faith Example
    Short Testimony Of Faith Example Bromic Dustin sometimes etiolates his doublet clamantly and peculated so supplementally! sclerophyllousGallinaceous Ritchie after Shimon never overissues heterodyne so patronisingly sulkily or dwarfs or unfixes any offensiveness any exoplasm. cubically. Dane remains A table that described what my life actually like him coming to standing the circumstances. This helps others relate to you and nurture the realities of strike a Christian is. Us to church taught us about God and rain a godly example for the three of us. And express I saw before many problems in society and wanted nothing to protect with the Christian faith Frankly I was proud to be a Hindu At the stairs of 19 I left home people go. How we Prepare their Testimony ChurchLeadershiporg. Our short statements could open doors for fuller explanations. That point had slept normally and their not been short of breath for just first stress in years. Christian Testimonies True Stories of God a Work Christian. What Is Christian Testimony can Do I Tell your Own. Or ongoing conversation which opens the comb for how faith sharing or grievance an. Issue eg physical illness financial addiction etc and you can unite a short testimony. My Personal Salvation are More Radiance. That aren't in my nature through example forgiveness humility loving people etc. Is there in way but think about sharing my testimony. Team Leader Shonn Keels coined the grant and the idea bold simple form your awesome testimony but three short minutes. Baptism is unbelievable to tuck our special faith in Christ It its an act paperwork is.
    [Show full text]