Solis v. National Emergency Medical Services Association

Filing 79

STIPULATION AND ORDER, signed by Senior Judge Anthony W. Ishii on 11/9/12. (Case Management Deadline: 1/31/2013 and Filing Deadline: 2/28/2013.) (Martin-Gill, S)

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BENJAMIN B. WAGNER
United States Attorney
GLEN F. DORGAN
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] (telephone)
[phone] (facsimile)

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Attorneys for Plaintiff HILDA L. SOLIS, Secretary of Labor, U.S. Dept. of Labor

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HILDA L. SOLIS, Secretary of Labor, United
States Department of Labor,

STIPULATION; ORDER
Plaintiff,

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CASE NO. 1:11-cv-00529 AWI-GSA

v.

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NATIONAL EMERGENCY MEDICAL
SERVICES ASSOCIATION,

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Defendant.

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1.

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On July 11, 2012, Plaintiff Hilda L. Solis, Secretary of Labor, United States Department of

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Labor (“the Secretary”) and Defendant National Emergency Medical Services Association (“NEMSA”)

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filed a Stipulation of Settlement in the above matter (“NEMSA I”) and a related Stipulation of Settlement

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in Case No. 1:11-cv-01929 (“NEMSA II”).
2.

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The Stipulation for Settlement in this case, NEMSA I, called for Defendant to hold an

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election for the office of President in November 2012, supervised by Plaintiff. The Stipulation for

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Settlement in NEMSA II called for Defendant to contemporaneously hold an election for the office of

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Vice President, Treasurer, Valley Regional Director, Bay Area Regional Director 1, Bay Area Regional

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Director 2, Eastern States Regional Director, and Southern California Regional Director.

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Stipulation; Order

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3.

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By order dated August 1, 2012, entered in NEMSA I, the Court confirmed the settlement

and retained jurisdiction until the election is completed and judgment is entered.
4.

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While the parties have worked toward meeting their respective obligations and

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responsibilities under the terms of the settlement, intervening developments now require that the deadline

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for the election of officers be postponed from November 2012 to January 31, 2013. Those developments

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include the following:
4.A.

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The American Federation of State, County, and Municipal Employees

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(“AFSCME”) petitioned the National Labor Relations Board (NLRB) to hold elections to determine

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whether it or NEMSA would be the representative union for employees of American Medical Response,

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Inc. (AMR) in the Northeast (covering Maine, Massachusetts and New Hampshire) and in Northern

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California. In October 2012, following the representation elections, the NLRB certified AFSCME as the

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representative union for these bargaining units. As a result, the AMR employees in those regions are no

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longer eligible for membership in NEMSA.
4.B.

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The supervised election of officers to be conducted pursuant to the parties’

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settlements could not proceed until the representative elections were completed and certified. Moreover,

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as a result of the representative elections, certain members of NEMSA’s nominating and election

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committee, who were part of the AMR bargaining unit in Northern California now excluded from

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NEMSA representation, have necessarily vacated their positions.
4.C.

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As regional director positions on the NEMSA Board of Directors are based on the

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geographical regions and number of bargaining unit members represented therein, the loss of the AMR

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Northeast and Northern California bargaining units indicates that there will likely be fewer regional

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director positions than were originally scheduled for the November 2012 election. Therefore, there will

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be changes to the number and term of offices run in the supervised election.

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Stipulation; Order

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5.

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Based on the foregoing, the parties hereto, acting by and through their counsel of record,

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hereby stipulate to continue the deadline for completion of the election of officers through and including

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January 31, 2013.

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Respectfully submitted,

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BY:

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/s/ Glen F. Dorgan
GLEN F. DORGAN
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] (telephone)
[phone] (facsimile)
Counsel for the Secretary

BY:

/s/ Geoffrey O. Evers___________
GEOFFREY O. EVERS
Evers Law Group, P.C.
641 Fulton Ave., Suite 200
Sacramento, California 95825
[phone] (telephone)
[phone] (facsimile)
Counsel for NEMSA

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ORDER

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Based on the above stipulation of the parties,

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IT IS HEREBY ORDERED as follows:

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1.

The deadline for completing the supervised election for the office of President of the

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National Emergency Medical Services Association is continued from November 2012 to January 31,

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2013;

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2.

Plaintiff is directed to file a status report or a certification of the election and a proposed

judgment by February 28, 2013.

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3.

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entered

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The Court shall retain jurisdiction until the above process is completed and judgment is

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IT IS SO ORDERED.

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Dated: November 9, 2012

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UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

0m8i788

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Stipulation; Order

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