January 16, 2013 - Texas Workforce Commission

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28 1 Mr. Temple has hired Mr. Luis Macias to serve as 2 Mr. Temple's Chief of Staff. 3 CHAIRMAN ANDERSON: Okay. 4 COMMISSIONER DIGGS: One quick question. 5 When we start tracking days, aged days of cases, when 6 do we start tracking that, and how will this affect 7 that aging process of our cases? 8 MR. BABIAK: Well, let me answer the -- 9 the second question first. The -- the hope is that 10 the -- the cycle time is reduced and that the case 11 aging is also reduced. I believe that we track both 12 from the agency date and then a -- tracking from the 13 date that the case is assigned to staff on the chance 14 that it's not assigned on the same day that we receive 15 it. <strong>16</strong> COMMISSIONER DIGGS: Okay. 17 MR. BABIAK: Any other questions? 18 CHAIRMAN ANDERSON: We're still on 19 your -- the activities report. Right? 20 MR. BABIAK: Yes, sir. 21 CHAIRMAN ANDERSON: Okay. 22 MR. BABIAK: I've been working with the 23 Employment Manager to create new processes for the 24 complaints we receive under HB 1178, the amendments to 25 Government Code Chapter 431. We have struggled with
29 1 the concepts. We have had to learn military 2 terminology. We've had to gain an understanding of 3 how state military operations interact with the United 4 States Armed Forces. 5 Also, as a reminder, HB 1178 was the 6 amendment to Government Code Chapter 431 to add an 7 administrative complaint process for unlawful 8 employment practices against members of state military 9 forces. Before the amendment, a member of the state 10 military forces who suffered discrimination because of 11 being called to training or duty had a cause of action 12 and could take that cause of action directly to court. 13 There was no administrative complaint process for that 14 cause of action. The amendment created an 15 administrative complaint process similar to the <strong>16</strong> administrative complaint process under Chapter 21, and 17 we have received a small number of complaints, I 18 think, perhaps five or six. 19 One aspect of the cases that we've 20 seen -- in fact, one complaint that we have right now 21 involves an individual who was called to duty under 22 state law, otherwise referred to as state active duty. 23 While on state active duty, that individual was called 24 up under federal active duty. And upon returning from 25 federal active duty, returned to work and was not
Page 1 and 2: 1 1 TRANSCRIPT OF PROCEEDINGS BEFOR
Page 3 and 4: 3 1 P R O C E E D I N G S 2 WEDNESD
Page 5 and 6: 5 1 record in district court of unl
Page 7 and 8: 7 1 who wish to speak. 2 And Mr. Jo
Page 9 and 10: 9 1 he's not injured if the local c
Page 11 and 12: 11 1 to have to be filing complaint
Page 13 and 14: 13 1 We are doing two things at one
Page 15 and 16: 15 1 for the 7th Circuit, United St
Page 17 and 18: 17 1 probably discuss it in Executi
Page 19 and 20: 19 1 just reviewed investigative ac
Page 21 and 22: 21 1 printer?" If the customer has
Page 23: 23 1 From my work in the Unemployme
Page 26 and 27: 26 1 MR. BABIAK: I think we have ma
Page 30 and 31: 30 1 allowed to return to the job.
Page 32 and 33: 32 1 with the executive director at
Page 34 and 35: 34 1 Report to the three-member Com
Page 36 and 37: 36 1 employee of a school district,
Page 38 and 39: 38 1 does our tracking? And do we -
Page 40 and 41: 40 1 may, I expressed a desire to t
Page 42 and 43: 42 1 September, October, November o
Page 44 and 45: 44 1 that particular position is fu
Page 46 and 47: 46 1 Let's first look at just the m
Page 48 and 49: 48 1 approximately March of last ye
Page 50 and 51: 50 1 COMMISSIONER DIGGS: As you and
Page 52 and 53: 52 1 is generating sufficient reven
Page 54 and 55: 54 1 referring to the specific acti
Page 56 and 57: 56 1 our month closed out and repor
Page 58 and 59: 58 1 no further questions, we'll go
Page 60 and 61: 60 1 CHAIRMAN ANDERSON: Seeing none
Page 62 and 63: 62 1 sufficient inventory, and righ
Page 64 and 65: 64 1 MS. COVINGTON: As you can see,
Page 66 and 67: 66 1 per month in each individual i
Page 68 and 69: 68 1 who have completed the prescri
Page 70 and 71: 70 1 that out, this report includes
Page 72 and 73: 72 1 still waiting on the data. 2 C
Page 74 and 75: 74 1 COMMISSIONER STIDVENT: Aye. 2
Page 76 and 77: 76 1 suggestion that we move the me
Page 78 and 79:
78 1 Diggs has -- has a recommendat
Page 80 and 81:
80 1 AGENDA ITEM NO. 10 2 CHAIRMAN
Page 82 and 83:
82 1 be appealed to the commission
Page 84 and 85:
84 1 and I wanted to find -- give m
Page 86 and 87:
86 1 prima facie case that Title VI
Page 88 and 89:
88 1 have a choice, while men didn'
Page 90 and 91:
90 1 COMMISSIONER STIDVENT: Okay. 2
Page 92 and 93:
92 1 of these cases, and the lawyer
Page 94 and 95:
94 1 were to call -- call and say,
Page 96 and 97:
96 1 Okay? We would ask questions t
Page 98 and 99:
98 1 MR. BABIAK: I've inquired of s
Page 100 and 101:
100 1 agency, and the definition of
Page 102 and 103:
102 1 session -- open session at 12
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January 16, 2013 - Texas Workforce Commission

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