Friday, January 31, 2014

Backpay


Hotel Management Advisors Troy, LLC d/b/a Metropolitan Hotel Detroit-Troy  (07-CA-098296; 360 NLRB No. 25)  Troy, MI, January 23, 2014.
The Board granted the General Counsel’s Motion for Default Judgment pursuant to the noncompliance provisions of a settlement agreement.  The Board found that the Respondent failed to comply with the terms of the settlement agreement by refusing to fully remit backpay owed to its unit employee.  The Board ordered the Respondent to reinstate the unit employee and to make the unit employee whole for any loss of earnings and other benefits suffered as a result of the Respondent’s unlawful conduct, and to expunge from its records the unlawful discharge and drug test of the unit employee.  In addition, the Board ordered the Respondent to reimburse the unit employee in an amount equal to the differences in taxes owed upon receipt of a lump-sum backpay payment and taxes that would have been owed had there been no discrimination against him, and to submit the appropriate documentation to the Social Security Administration so that when backpay is paid, it will be allocated to the appropriate periods.  Charge filed by Local 324, International Union of Operating Engineers (IUOE), AFL-CIO.  Chairman Pearce and Members Johnson and Schiffer participated.

Thursday, January 30, 2014

Contract Grievance



Step
Appeal 
within
Heard
by
Heard
within
Decision 
within
I
5 days
General
Superintendent
30
days
15
days
II
5 days
Labor 
Relations
25 
days
20
days

15 days

File demand
of impartial arbitrator opinion

Impartial
Arbitration
20 days
Impartial
Arbitrator
*As soon as
practical
days



  • *14 day notice

Step I - expedited (3 or more employees) - where 3 or more employees in one department have a similar grievance, the department head shall order an informal hearing and render his decision within 10 days.

Step II - if processed through expedited step I procedure, an appeal to step II shall be scheduled to be heard within 10 days and a written decision rendered within 10 days.

Wednesday, January 29, 2014

Medical appeal Grievance procedure



Step
Appeal
within
Heard
by
Heard
within
Decision
within
I
5 days
Labor Relations
30
days
*20
days
Impartial
Arbitration
**5 days
Impartial
Arbitrator
***
15
days


Employee placed on involuntary Leave Of Absence due to a medical condition
  • *Decision may be to return grievant to full work or to require grievant to undergo a medical examination by an impartial physician

          ** Within 5 days of decision of impartial physician

          *** Hearing scheduled when impartial physician’s report received by all parties

Tuesday, January 28, 2014

Disciplinary Grievance



Step
Appeal 
within
Heard
by
Heard
within
Decision 
within
I
5 days
General
Superintendent
15
days
10
days
II
5 days
Assistant
General
Manager
20 
days
10
days
III
5 days
Labor
Relations
30 
days
20
days
Impartial
Arbitration
5 days
Impartial
Arbitrator
*As soon as
practical
15 
days


  • *14 day notice

With disciplinary charges - employee paid 3 hours per hearing for each hearing beginning with step II, when charges are not sustained.

Monday, January 27, 2014

Disciplinary Grievance - where Pre - Disciplinary Suspension



Step
Appeal 
within
Heard
by
Heard
within
Decision 
within
I
5 days
General
Superintendent
24
hours
2
days
II
5 days
Assistant
General
Manager
days
2
days
III
5 days
Labor
Relations
days
2
days
Impartial
Arbitration
5 days
Impartial
Arbitrator
*As soon as
practical
days

Saturday, January 25, 2014

Apple Motor Inn



MTA supervisor making $113,000 a year spent work hours on shopping sprees, sources say

Exclusive: 'No-show' David Varlack made $25,000 in overtime in 2010, MTA records show

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UPDATED: MONDAY, MARCH 19, 2012, 5:00 AM
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 7 trains sit at train yard in Flushing, Queens as the Transit Workers Union continue their strike concerning unsettled contract with the MTA on Wed. 12-21-05.

ANTHONY DELMUNDO FOR THE NEW YORK DAILY NEWS

Sources say MTA subway supervisor David Varlack was supposed to be managing train crews that maintain train signals, but instead was going on shopping sprees and visiting no-tell motels. He's been the target of an investigation and could face charges.

A six-figure subway supervisor spent hours cruising the tri-state area in his BMW, going on shopping sprees and visiting a no-tell motel — all while on duty, sources said.
David Varlack’s job is to manage MTA transit crews that maintain train signals in a section of the north Bronx.
Instead, he spent “many hours traveling around” the last six months, one source said. “He was all over the place. He was really off the reservation.”
For several months, Varlack, 48, has been the target of an investigation by the MTA inspector general’s office and the Manhattan district attorney’s office, sources said. Criminal charges could be levied against him, sources said.
He didn’t loot the farebox but stole time by getting paid for hours he didn’t work, sources said. He even had the gumption to put in for significant amounts of overtime, sources said.
“It was pretty extensive,” one source said. “There were days when he was gone for hours and others when he was gone for just about the whole day.”
Varlack earned about $113,000 in 2010, including $25,205 in overtime, according to MTA records. His 2011 salary and overtime earnings weren’t available.
Supervision of the supervisor was anemic, according to sources. But a tipster dropped a dime on Varlack and told Inspector General Barry Kluger’s office that he regularly was missing in action, the sources said.
“Nobody was up there watching over him,” one source said. “He was pretty much a free agent.”
One of Varlack’s on-duty destinations was the Apple Motor Inn. It’s miles from the nearest subway station. It’s not even in the city but located in Ardsley, Westchester County.
The Apple has reasonable rates for that special, short-term getaway: $45 for three hours. There are certain rooms set aside for the day trippers. Each has a hot tub and a mirror above the bed.
An Apple Motor Inn employee declined to say whether a short-term guest seeking company can call room service.
“Guy, you are asking a lot of questions,” the employee said. “You know I'm not going to answer that.”
The allegedly wayward trackman also frequented Bloomingdales in White Plains, retail outlet Woodbury Commons in Central Valley, N.Y., and malls in New Jersey, according to sources.
The inspector general’s office refused to comment. Sources were unable to quantify the theft.
Varlack didn’t return messages seeking comment.
“He’s not available,” said a perturbed woman who answered the telephone at his suburban home. “He’s working.”
pdonohue@nydailynews.com