Solis v. National Emergency Medical Services Association
Filing
46
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)
1
5
BENJAMIN B. WAGNER
United States Attorney
GLEN F. DORGAN
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
(559) 497-4080 (telephone)
(559) 497-4099 (facsimile)
6
Attorneys for Plaintiff HILDA L. SOLIS, Secretary of Labor, U.S. Dept. of Labor
2
3
4
7
8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
HILDA L. SOLIS, Secretary of Labor, United
States Department of Labor,
STIPULATION; ORDER
Plaintiff,
13
14
CASE NO. 1:11-cv-01929 AWI-GSA
v.
15
NATIONAL EMERGENCY MEDICAL
SERVICES ASSOCIATION,
16
Defendant.
17
18
1.
19
On July 11, 2012, Plaintiff Hilda L. Solis, Secretary of Labor, United States Department of
20
Labor (“the Secretary”) and Defendant National Emergency Medical Services Association (“NEMSA”)
21
filed a Stipulation of Settlement in the above matter (“NEMSA II”) and a related Stipulation of Settlement
22
in Case No. 1:11-cv-00529 (“NEMSA I”).
2.
23
The Stipulation for Settlement in this case, NEMSA II, called for Defendant to hold an
24
election, supervised by Plaintiff, for the offices of Vice President, Treasurer, Valley Regional Director,
25
Bay Area Regional Director 1, Bay Area Regional Director 2, Eastern States Regional Director, and
26
Southern California Regional Director. The Stipulation for Settlement in NEMSA I called for Defendant
27
to contemporaneously hold an election for the office of President.
28
///
29
Stipulation; Order
30
1
3.
1
2
By minute order dated July 24, 2012, entered in NEMSA II, the Court confirmed the
settlement and retained jurisdiction until the election is completed and judgment is entered.
4.
3
While the parties have worked toward meeting their respective obligations and
4
responsibilities under the terms of the settlement, intervening developments now require that the deadline
5
for the election of officers be postponed from November 2012 to January 31, 2013. Those developments
6
include the following:
4.A.
7
The American Federation of State, County, and Municipal Employees
8
(“AFSCME”) petitioned the National Labor Relations Board (NLRB) to hold elections to determine
9
whether it or NEMSA would be the representative union for employees of American Medical Response,
10
Inc. (AMR) in the Northeast (covering Maine, Massachusetts and New Hampshire) and in Northern
11
California. In October 2012, following the representation elections, the NLRB certified AFSCME as the
12
representative union for these bargaining units. As a result, the AMR employees in those regions are no
13
longer eligible for membership in NEMSA.
4.B.
14
The supervised election of officers to be conducted pursuant to the parties’
15
settlements could not proceed until the representative elections were completed and certified. Moreover,
16
as a result of the representative elections, certain members of NEMSA’s nominating and election
17
committee, who were part of the AMR bargaining unit in Northern California now excluded from
18
NEMSA representation, have necessarily vacated their positions.
4.C.
19
As regional director positions on the NEMSA Board of Directors are based on the
20
geographical regions and number of bargaining unit members represented therein, the loss of the AMR
21
Northeast and Northern California bargaining units indicates that there will likely be fewer regional
22
director positions than were originally scheduled for the November 2012 election. Therefore, there will
23
be changes to the number and term of offices run in the supervised election.
24
///
25
///
26
///
27
///
28
///
29
Stipulation; Order
30
2
5.
1
Based on the foregoing, the parties hereto, acting by and through their counsel of record,
2
hereby stipulate to continue the deadline for completion of the election of officers through and including
3
January 31, 2013.
4
Respectfully submitted,
5
BY:
6
7
8
9
/s/ Glen F. Dorgan_________
GLEN F. DORGAN
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
(559) 497-4080 (telephone)
(559) 497-4099 (facsimile)
Counsel for the Secretary
10
BY:
/s/ Geoffrey O. Evers_____
GEOFFREY O. EVERS
Evers Law Group, P.C.
641 Fulton Ave., Suite 200
Sacramento, California 95825
(916) 974-3000 (telephone)
(916) 720-0332 (facsimile)
Counsel for NEMSA
ORDER
11
Based on the above stipulation of the parties,
12
IT IS HEREBY ORDERED as follows:
13
1.
The deadline for completing the supervised election for the offices of Vice President,
14
Treasurer, Valley Regional Director, Bay Area Regional Director 1, Bay Area Regional Director 2,
15
Eastern States Regional Director, and Southern California Regional Director is continued from November
16
2012 to January 31, 2013;
17
18
2.
judgment by February 28, 2013.
19
20
Plaintiff is directed to file a status report or a certification of the election and a proposed
3.
The Court shall retain jurisdiction until the above process is completed and judgment is
entered.
21
22
23
IT IS SO ORDERED.
Dated: November 9, 2012
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
24
25
0m8i788
26
27
28
29
Stipulation; Order
30
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?