EFTA01077815.pdf

GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS • DEPARTMENT LABOR P. O. Box 302608 - Charlotte Amalie 4401 Sion Farm Si. Thomas, VI 00803-2608 C'sted, St. Croix, VI 00820.4245 (340) 776-3700 42009 (340) 773-1994 Fax (340) 774-5908 Fax (340) 773-0094 Anita L. Etienne-Administrative Officer I Email: aetienne(a)vidolgov MAY 29,2012 Manuel Gonzalez P. O. Box 8286 St. Thomas, VI 00801 Dear Mr. Gonzalez, The enclosed documents contain important material that you should read very carefully. It consists of a Notice regarding your upcoming hearing date, information about the procedures that will be followed, hearing instructions and the rules that this Unit will follow in the adjudication process of your case. In order to expedite the movement of your case, on the day of your hearing, two (2) brief procedures will take place: a Preliminary Hearing, where after an analysis of the facts and testimony taken under oath and on the record, an oral determination will be issued by the Hearing Examiner as to the agency's jurisdiction over the dispute. Immediately thereafter a Pre-hearing Conference will take place. At this informal stage, the purpose of the Pre-Hearing Conference is to streamline the issues, and grant stipulations, if any. Also at this procedure, the parties must identify the names of prospective witnesses who will testify at the next level and inform the Hearing Examiner what each parties' anticipated exhibits will be to prove your case. Finally, a timeline for the final hearing, to be scheduled in the order that it was filed, the Formal Hearing date, will be discussed. As a reminder, THE MEDIATION PROCESS is a fair and efficient avenue provided to both of the parties if each of you is interested in engaging in this step on an informal and confidential basis, and is available at any junction of the hearing process, before a Formal Hearing is held and a written opinion is issued. The goal of mediation is designed to resolve disputes and reach an amicable resolution. If you are interested in discussing this process, please contact us at the telephone number provided above. This dispute will not be resolved until both of the relevant parties agree to mediate this case, or a Final Order is prepared in this case after a full Formal Hearing is held. Enclosures: Notice Hearing & Instructions CC: LS] Employees, LLC EFTA01077815  GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES DEPARTMENT OF LABOR HEARINGS AND APPEALS UNIT P.O. Box 302608 ST. THOMAS, VI 00803 Tel. (340) 776-3700 Fax (340) 774-5908 NOTICE OF PRELIMINARY HEARING COMPLAINANT: MANUEL GONZALEZ P. O. BOX 8286 ST. THOMAS, VI 00801 EMPLOYER: LSJ EMPLOYEES, LLC 6100 RED HOOK QUARTERS, B-3 ST. THOMAS, VI 00802-1348 ATTN: HUMAN RESOURCES DATE OF MAILING: May 29, 2012 CASE NO. WD-061-2012-STT You are notified to appear for a Preliminary Hearing on the Complainant's allegation of Wrongful Discharge. DATE: Wednesday, June 27, 2012 TIME: 11:00 a.m. PLACE: Department of Labor Hearings & Appeals Unit 2353 Kronprindsens Gade St. Thomas, VI 00802-6221 Postponements will only be granted for emergency reasons. Please be prompt! If you are handicapped as defined in Section 504 of the Rehabilitation Act of 1973, please call the Department at the above telephone number. Please refer to INSTRUCTIONS TO THE COMPLAINANT AND EMPLOYER. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this cb,„rt 4% AIN-- day of CLA , 2012 I prepared a true and exact copy of the foregoing NOTICE OF PRELIMINARY HEARING to be mailed via U.S. certified mail, postage prepaid to the above captioned parties at the addresses first mentioned. Anita Etienne Administrative Officer I EFTA01077816  GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES DEPARTMENT OF LABOR HEARING AND APPEALS UNIT ) MANUEL GONZALEZ, ) ) Complainant, ) CASE NO. WD-061-12-STT ) v. ) ) LSJ EMPLOYEES, LLC, ) ) ) Respondent. ) ) ORDER A PRE-HEARING CONFERENCE is scheduled in this matter at 11:00 a.m. on Wednesday, June 27, 2012, at the Virgin Islands Department of Labor, 2353 Kronprindsens Cade, St. Thomas. The pre-hearing conference will convene, if necessary, at the conclusion of the Preliminary Hearing, and will address: I. Identification of documentary or other physical evidence, disposing of questions of authenticity; 2. Stipulations to the admission of evidentiary documents to avoid unnecessary proof; 3. Stipulations to facts that are not contested by the parties; 4. Identification of witnesses and reduction of number, if warranted; 5. Simplification and reduction of issues, if relevant; 6. Consideration of any other matters that will aid in the expeditious conduct of the hearing. Accordingly, it is hereby ORDERED, that each party shall: EFTA01077817 Manuel Gonzalez v. L.S1Employees, LLC Casc No. WD-061-12-STT Order Page 2 of 3 (2) copies of each 1. Bring to the pm-hearing conference the original and two g; documentary exhibit intended to be offered at the hearin discuss stipulations 2. Be prepared to address any pending motions, and to and admissions where appropriate. SO ORDERED, • cQq//2./ r1.1-ta, er DATED: James W. Kitson, J.D. Administrative Law Judge EFTA01077818 Manuel Gonzalez v. 13..1Employees. LLC Case No. WD-061-12-STT Order Page 3 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 0 (fit- I prepared a true and exact copy of day of ----V /LI the foregoing NOTICE OF P ICEARI certified mail, postage prep aid to the , 2012 NG abo ve CONFERENCE to be mailed via U.S ed. captioned parties at the addresses first mention 9+ nitat- fi iervie-, Ani Etienne Administrative Officer I DISTRIBUTION LIST MANUEL GONZALEZ P. O. BOX 8286 ST. THOMAS, VI 00801 LSJ EMPLOYEES, LLC 6100 RED HOOK QUARTERS, B-3 ST. THOMAS, VI 00802-1348 ATTN: HUMAN RESOURCES EFTA01077819  GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES • DEPARTMENT OF LABOR 4401 Sion Farm P. O. Box 302608 - Charlotte Amalie St. Croix. VI 00820 St. Thomas. VI 00803.2608 Telephone: (340773-1994 Telephone: (340)776.3700 Fax. (M0)773-1858 Fax: (340) 774.59011 Labor Relations Division Wrongful Discharge AND-406( - 5rr DATE FILED: Ala4 zor Applicant Information Full Name: .91 z Atte Iti I act First Ml. Address: Physical Address ‘..nyt OILIMIZJA1 Phone: Rate of Pay: Indicate Job Classification Part time or Full Time: Peel/ T/44 e. Employer Information Employer : Address: Phone: Period Employed : Fax: Special Needs Required: Facts on which the Complaint is based. (Be specific as to facts, names, dates, etc.) 1. "The reliefbeing sought is reinstatement with bock pay pursuant to Title 24 f 77(0" II. I believe I was wrongfully discharged or resigned for the following reasons: (explain in your own words) 7 dart - T-ipl? A fl 7 4(4 r Was c ad , 1 i.44,3 a/f tu„pep a StPoci gine/ay, The Rules and Regulations under Title 24 V.I.C. Section 76 et. Seq. mandates in part that the Complainant must communicate promptly to the Division of Hearings and Appeals any change in their name, mailing address, or daytime telephone number. A party who fails to furnish such information shall be deemed to have waived the right to notice and service under the rules V.I.R. & Regs. Title 24 § 77-21 (1991) I swear or affirm that I received a copy of the Wrongful Discharge Att. I have read the above complaint and it is true to the best of my knowledge, information and belief. SUBSCRIBED AND SWORN TO BEFORE ME nth day of 41441 1 fr —b275,2j. St. 1131111V •Ii ( Employer has (5) five or more employees I No Union orContract 71 Complainant worked more than (6) six months I Complainant was not a Supervisor EFTA01077820  V.I. DEPARTMENT OF LABOR THE WRONGFUL DISCHARGE ACT ACT 5227 TITLE 24 VIRGIN ISLANDS CODE §76 §76. GROUNDS FOR DISCHARGE (a) Unless modified by union contract, an employer may dismiss any employee: (1) who engages in a business which conflicts with his duties to his employer or render him a rival of his employer; (2) whose insolent or offensive conduct toward a customer of the employer injures the employer's business; (3) whose use of intoxicants or controlled substances interferes with the proper discharge of his duties; (4) who willfully and intentionally disobeys reasonable and lawful rules, orders and instructions of the employer; provided, however, the employer shall not bar an employee from patronizing the employer's business after the employee's working hours are completed; (5) who performs his work assignments in a negligent manner; (6) whose continuous absences from his place of employment affect the interest of his employer; (7) who is incompetent or inefficient, thereby impairing his usefulness to his employer; (8) who is dishonest; or (9) whose conduct is such that it leads to the refusal, reluctance or inability of other employees to work with him. (b)The Commissioner may by rule or regulation adopt additional grounds for discharge of an employee not inconsistent with the provisions enumerated in subsection (a) of this section. (c)Any employee discharged for reasons other than those in subsection (a) of this section shall be considered to have been wrongfully discharged; however, nothing in this section shall be construed as prohibiting an employer from terminating an employee as a result of the cessation of business operations or as a result of a general cutback in the workforce due to economic hardship, or as a result of the employee's participation in concerted activity that is not protected by this title. - Added Dec. 29, 1986, No. 5227, §2, Sess. L. 1986 EFTA01077821  MEDIATION THE. MEDIATION PROCESS takes place on an informal and confidential basis. It is a fair and efficient process between parties designed to resolve disputes and reach an amicable resolution. The Mediator shall have full authority to propose alternative settlement options including, but not limited to, reinstatement of the Complainant with panial or no back pay or back pay without reinstatement. If a settlement is reached between the panics, the Complaint will be withdrawn and the case will be dismissed. If the matter cannot be resolved at this level. instructions will be given as to the nert step. PRELIMINARY HEARING INSTRUCTIONS TO TILE COMPLAINANT REASONS FOR TUE HEARING: The hearing is being held to determine the agency's jurisdiction over the matter, whether a meritorious case exists, and if so, if the possibility of settlement can be discussed through mediation. SUBJECT OF THE HEARING: The hearing will cover all issues relating to your alleged Wrongful Termination. APPEARANCE: Attendance at the preliminary hearing is mandatory for both panics named in the Complaint. At the hearing you will be sworn and questions will be asked of you about your Complaint. If you do not appear at the hearing, your case mar be dismissed, 24 V.I.R.R § 77-25. POSTPONEMENT: The hearing will be postponed only for good cause. Postponements must be requested in writing. A copy of the request must also be provided to the Respondent. If an emergency arises directly prior to the scheduled time, and you cannot come to the hearing, notify the place of hearing. (Telephone numbers arc indicated on the Notice of Preliminary/Mediation Hearing). No person who is a party to, or agent of a party to, or who intercedes on-the-record proceeding shall make an unauthorized ex pane communication to the Hearing Officer/Examiner/AU . .. nor shall the Hearing Officer/Examiner/AU make any such ex pane communication to any of the parties, 24 V.I.R.R § 77-52. WITNESSES: If you have witnesses whom you wish to have testify on your behalf, such testimony may be presented at the Formal Hearing, should the matter proceed to that level. REPRESENTATIVE; My complainant in any proceeding before a hearing examiner may be represented by counsel or other duly authorized agent. IF YOU WISH TO WITHDRAW YOUR COMPLAINT: Send a written request to: VI Dept. of Labor, 3012 VITRACO Mall, Hearings & Appeals Unit, Christiansted, St. Croix, VI 00820. WHAT TO BRING WITH YOU TO THE HEARING: This notice, all statements, decisions, forms and letters that are connected with your claim and all papers and books that are connected with this case. In cases involving health, a doctor's certificate may be important. INSTRUCTIONS TO EMPLOYER REASON FOR THE HEARING: The hearing is being held to determine jurisdiction over the matter, whether a meritorious case exists, and if so. if the possibility of settlement can be discussed through mediation. SUBJECT OF THE HEARING: The hearing will cover all issues relating to the alleged Wrongful Termination. APPEARANCE: Attendance at the preliminary hearing is mandatory for both panics named in the Complaint. If you do not appear at the hearing a judgment mar be entered against you. Al the hearing you will be sworn. Beginning with the Respondent, the panics shall thereafter state their full positions on the legality of the discharge under the Act. THE RESPONDENT OR THE RESPONDENT'S DESIGNEE SHALL HAVE FULL SETTLEMENT AUTHORITY, 24 V.I.R.R § 77-25. POSTPONEMENT: This hearing will be postponed only for good cause. Postponement must be requested in writing. A copy of the request must also be provided to the Complainant. If an emergency arises directly prior to the scheduled time, and you cannot come to the hearing, notify the place of hearing. (Telephone Number indicated on the Notice of Preliminary/Mediation Hearing). No person who is a party to, or agent of a party to, or who intercedes in an on-the-record proceeding shall make an unauthorized ex parte communication to the Hearing Offices/Examiner/ALI . . . nor shall the Hearing Officer/Examiner/ALI make any such ex pane communication to any of the parties, 24 V.I.R.R § 77-52. WITNESSES: If you have witnesses whom you wish to have testify on your behalf, such testimony may be presented at the Formal Hearing, should the matter proceed to that level. REPRESENTATIVES: You may appear at the hearing without representation. However, if you wish, counsel may represent you, or other duly authorized agent may appear with you. WHAT TO BRING WITH YOU TO THE HEARING: This notice, all statements, decisions, forms and letters that are connected with this matter and all papers and books that are connected with this case. EFTA01077822  Government of the United States Virgin Islands Department of Labor Bearings and Appeals Unit $t. Thomas rsjkc 2353 Kronprindsdens Gade ;3012 Vuraco Mall P.O. Box 302608 Estate Golden Rock Charlotte Amalie, VI 00803-2608 Christiansted, V I 00820-4379 Phone: (340) 776.3700 Phone: (340) 692.9686 Fax: (340) 774.5908 Fax: (340)713-8367 INSTRUCTIONS TO THE COMPLAINANT REASON FOR PRE-HEARING CONFERENCE: The pre hearing conference is being held to ascertain the parties' readiness to move forward to a formal hearing, and to clarify issues, if necessary. POSTPONEMENT: This pre hearing conference will be postponed only for good cause. Postponement must be requested in writing. If an emergency arises directly prior to the scheduled time, notify the place of hearing. (Telephone Number shown above). SUBJECT OF THE PRE-HEARING CONFERENCE: The pre-hearing conference will cover all issues relating to your alleged Wrongful Termination. REPRESENTATION: Any complainant in any proceeding before a hearing examiner may be represented by counsel or other duly authorized agent. IF YOU WISH TO WITHDRAW YOUR COMPLAINT: Send a written request to: V.I. Dept. of Labor, 2353 ICronprindsens Cade. St. Thomas, V.I. 00802. BRING WITH YOU TO THE PRE-HEARING CONFERENCE: This notice, list of witnesses you intend to call, any questions or concerns you would like to raise with respect to the adjudication of your complaint. INSTRUCTIONS TO EMPLOYER REASON FOR THE PRE HEARING CONFERENCE: The pre-hearing conference is being held to ascertain the parties' readiness to move forward to a formal heanng, and to clanfy issues, if necessary. POSTPONEMENT: This pre-hearing conference will be postponed only for good cause. Postponement must be requested in writing. If an emergency arises directly prior to the scheduled time, notify the place of hearing. (Telephone Number shown above). REPRESENTATIVES: You may appear at the pre-hearing conference without representation. However, if you wish, you may be represented by an attorney or anyone else you select. BRING WITH YOU THE PRE-HEARING CONFERENCE: This notice, list of witnesses you intend to call, and any questions or concerns you may have regarding the adjudication of this matter. EFTA01077823