Tagged: United States of America

Save Mart Enters Mediation With UFCW

Save Mart and UFCW Enter Mediation Author: Stephen Alexander -The United Food and Commercial Workers (UFCW) and Save Mart are entering mediation in order to resolve differences before a deadline next Tuesday.

The president of UFCW’s Local 8 in Roseville, Jacques Loveall, posted a message on the union’s website stating that a mediator was agreed to with Save Mart. Moreover, the message said that a deadline of July 10th would attempt to reconcile an audit of Save Mart’s need for financial relief, the structure of labor costs based on the audit, and authorization of union-management bargaining committees to establish agreements to allow the union to “design an overall health and welfare plan.”

Save Mart said that a “strike is not beneficial for our company or our associates, and an agreement must be reached quickly,” according to a statement made on Tuesday. Save Mart hopes that an agreement will be made that provides job security for their workers and more hours and allows Save Mart to “stay competitive in the retail food marketplace.”

Save Mart is owned by Save Mart Supermarkets, which own and operates more than 240 stores under the names of Save Mart, S-Mart Foods, Lucky,and FoodMaxx in Northern California and Southern Nevada.

Recently, workers at Save Mart have been discussing a strike. Workers at UFCW Local 5 in San Jose took a vote to authorize a strike with an approval of 94% of its members. That vote means that union leaders have the power to call a work stoppage.

UFCW is currently engaged with negotiations with Raley’s and Safeway.

Ohio AG Adds Public Records Mediation

Ohio Public Records Law Author: Stephen Alexander – The Ohio Attorney General established a new mediation policy to reduce lawsuits filed to get public records and make it easier for government officials to handle open record requests.

Mike DeWine, the Attorney General, said in a press release that the “Public Records Mediation Program will protect the rights and interests of both Ohioans and their local officials by helping resolve disputes before parties turn to time consuming and costly litigation.”

The offer of free mediation services through the attorney general’s office provides an alternative resolution to litigation when a public records request is denied by a government agency. The dispute must be with a city, county, township or other state entity and both parties in the dispute must agree to participate in mediation to be eligible for the program.

Mediation requests can be made by filling out a form on the attorney general’s website: www.ohioattorneygeneral.gov.

Alabama County Small Claims Mediation

Alabama Flag with Conflict Erased by Pencil Author: Stephen Alexander – In Alabama’s Marshall County a Small Claims Court mediation is operational. The mediators are seven volunteers from the Marshall County Retired and Senior Volunteer Program.

Their training consists of twenty (20) hours of mediator training. The funding was derived from the State of Alabama Community Service Grants program.

In Alabama, the mediators in Small Claims Court works towards settlement of cases up to $3,000 before the cases proceed to a judge. With a mediator, both parties can resolve their dispute without taking it to court.

The mediation service is open to all parties whether or not they have a lawyer. The process is voluntary and can end before settlement is reached. If a settlement is not reached, then both parties go before a judge.

The mediation service will also help the court system as docket backlogs are reduced and more cases are resolved through mediation.

Chicago Threatened With Mediation

Chicago Parking Meter outside Wrigley Field Author: Stephen Alexander – Chicago Parking Meters LLC (CPM) has threatened the city of Chicago with mediation over the city’s unwillingness to pay its bills. The bill from the company that runs the city’s parking meters is for $14.2 million.

The city claims it needs to conduct its own analysis before paying the bill for parking spaces  that were removed from service because of street closings and construction. CPM has ended negotiations with the city and is reportedly threatening the city with mediation.

The Mayor of Chicago and former White House Chief of Staff to President Obama, Rahm Emanuel, has spoke against CPM’s policy of billing the city for unused parking meters due to street closures. Reportedly, the mayor told the Chicago Tribune that the city needs to examine the bill before making payment.

Previously, CPM has issued a bill to the city of Chicago for $22 million for lost revenue due to disabled drivers using legitimate placards and disability plates that allowed them free parking. According to the Chicago Tribune, the city owes CPM about $50 million.

National Mediation Board – New Chairman

National Mediation Board Names New Chairman, Harry Hoglander Author: Stephen Alexander – The National Mediation Board (NMB) announced a new Chairman, Harry Hoglander, who serves until June 30, 2013. Linda Puchala, who was the previous chairperson, still serves as a Member of the Board.

Mr Hoglander, has been a Member of the Board since 2002, and previously served as Chairman in 2004-2005, 2007-2008, and 2010-2011. He was first confirmed by the United States Senate in 2002.

As an independent federal agency, the NMB governs labor-management relations within the two key transportation sectors of the United States – the railroads and the airlines.

Philly Musicians Request Mediation

Peter Nero from the Philly Pops Author: Stephen Alexander – The local American Federation of Musicians has requested federal mediation in the contract dispute between music director, Peter Nero, and Encore Series Inc.

Peter Nero is the 78-year-old heart of the Philly Pops. According to lawyer Michael N. Katz, who represents the union, the end of the Philly Pops and Encore Series Inc and the collective bargaining agreement is imminent “in the absence of Mr. Nero and a carefully planned and mapped-out transition to a successor music director upon his retirement.”

Currently, Encore Series Inc. is under bankruptcy protection. In bankruptcy court, the company filed a motion to revoke Nero’s contract and end his participation. The company wanted to cut Nero’s contract by 40% and that offer was rejected.

The Federal Mediation and Conciliation Service was contacted by the union. Mediation is expected to start Monday between Encore Series Inc and Nero.

According to Nero’s attorney, Paul R. Rosen, the dispute is not about Nero’s salary but about the charity board’s new payroll that removes tens of thousands of dollars per year in salary benefits.

Texas Mediation on Groundwater Use

Map of Texas Aquifers highlighting Kendall County Author: Stephen Alexander – Litigation involving the Cow Creek Groundwater Conservation District in Texas and a property owner is headed to mediation.

The 216th District Court Judge Keith Williams ordered the parties in Cow Creek v Donop into mediation. The lawsuit concerns the district’s vote to cut a landowner’s annual pumping limit to 97.5 acre-feet. Previously, the permit issued in 2001 was for 308 acre-feet. An acre-foot is 325,851 gallons.

The landowner wants the water to irrigate oats and coast Bermuda grown on his property. According to the February Texas Supreme Court decision in Edwards Aquifer Authority v Day, a landowner has a vested interest in the water under the land. However, the use of historical pumping as a standard for issuing permits violates the Texas Water Code.

The landowner in this case faces the prospect of paying for the water districts attorney’s fees and costs if he loses the case, according to the Texas and Southwest Cattle Raisers Association. In such circumstances. mediation ordered by the Judge is a cost effective means of resolving this dispute.