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CITY OF CARMEL-BY-THE-SEACITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Tuesday, September 22, 2020
4:00 PM
Showing posts with label City Attorney. Show all posts
Showing posts with label City Attorney. Show all posts
Monday, September 21, 2020
CITY COUNCIL AGENDA SPECIAL MEETING, September 22, 2020
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Tuesday, September 22, 2020
4:00 PM
Thursday, August 27, 2020
CITY COUNCIL AGENDA SPECIAL MEETING, August 31, 2020
CITY OF
CARMEL-BY-THE-SEA
CITY COUNCIL
AGENDA
CITY COUNCIL
SPECIAL MEETING
Monday, August 31,
2020
4:30 PM
Thursday, May 28, 2020
CITY COUNCIL SPECIAL MEETING, May 29, 2020
CITY COUNCIL
SPECIAL MEETING
Friday, May 29,
2020
10:30 AM
Wednesday, April 01, 2020
CITY COUNCIL AGENDA SPECIAL MEETING, April 6, 2020
CITY OF
CARMEL-BY-THE-SEA
CITY COUNCIL
AGENDA
CITY COUNCIL
SPECIAL MEETING
Monday, April 6,
2020
Monday, March 30, 2020
CITY COUNCIL AGENDA SPECIAL MEETING, March 30, 2020
CITY OF
CARMEL-BY-THE-SEA
CITY COUNCIL
AGENDA
CITY COUNCIL
SPECIAL MEETING
Monday, March
30, 2020
CITY OF
CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
March 30, 2020
ORDERS
OF BUSINESS
Resolution
ratifying the Director of Emergency Services Order No. 20-1 staying evictions
in the City of Carmel-by-the-Sea
Monday, March 23, 2020
UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD REGION 32, SUNSET CULTURAL CENTER and ANDREW HURCHALLA, an Individual (CASE NO. 32-CA-242555): GENERAL COUNSEL’S BRIEF TO THE ADMINISTRATIVE LAW JUDGE & CLOSING BRIEF OF RESPONDENT SUNSET CULTURAL CENTER
ABSTRACT: RE: UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD REGION 32, SUNSET CULTURAL CENTER and ANDREW HURCHALLA, an Individual (CASE NO. 32-CA-242555), the NATIONAL LABOR RELATIONS BOARD SUNSET CULTURAL CENTER Case page is reproduced; the document copies of GENERAL COUNSEL’S BRIEF TO THE ADMINISTRATIVE LAW JUDGE by Lelia M. Gomez, Esq., Counsel for the General Counsel, National Labor Relations Board, Region 32, dated March 20, 2020 and the CLOSING BRIEF OF RESPONDENT SUNSET CULTURAL CENTER by Rona P. Layton, Layton Law Firm, submitted on March 19, 2020, are embedded. The CONCLUSION of the GENERAL COUNSEL’S BRIEF TO THE ADMINISTRATIVE LAW JUDGE states: Based on the forgoing, Counsel for the General Counsel respectfully requests that the Administrative Law Judge issue a recommended order requiring Respondent to fully remedy the above-described violation, rescind its permanent “do not dispatch” status against Hurchalla, cease and desist from further unlawful conduct, post the proposed Notice to Employees at Respondent’s facility, and order such other relief as may be necessary and appropriate to effectuate the policies and purpose of the Act. And the CONCLUSION of the CLOSING BRIEF OF RESPONDENT SUNSET CULTURAL CENTER states: For all of those reasons, Respondent Goodwill Central Coast requests that the complaint in this case be dismissed.
SUNSET CULTURAL CENTER
Docket Activity
The Docket Activity list does not reflect all actions in this case.
Allegations
Participants
SUNSET CULTURAL CENTER
Case Number: 32-CA-242555
Location: Carmel, CA
Date Filed: 06/03/2019
Region Assigned: Region 32, Oakland, California
Status: Open
Docket Activity
Document
|
Issued/Filed
By
|
|
03/20/2020
|
Counsel
for GC / Region
|
|
03/19/2020
|
Employer
|
|
01/30/2020
|
NLRB - ALJ
|
|
12/23/2019
|
NLRB - ALJ
|
|
10/29/2019
|
RD Order
to Reschedule Hearing*
|
NLRB - GC
|
10/24/2019
|
RD Order
to Reschedule Hearing*
|
NLRB - GC
|
09/15/2019
|
Answer to
Complaint*
|
Charged
Party / Respondent
|
09/03/2019
|
Complaint
and Notice of Hearing*
|
NLRB - GC
|
09/03/2019
|
Notice of
Hearing in ULP Case*
|
NLRB - GC
|
06/03/2019
|
Initial
Letter to Charged Party*
|
NLRB - GC
|
06/03/2019
|
Initial
Letter to Charging Party*
|
NLRB - GC
|
The Docket Activity list does not reflect all actions in this case.
* This document may
require redactions before it can be viewed. To obtain a copy, please file a
request through our FOIA Branch.
Allegations
· 8(a)(3) Discharge (Including Layoff and Refusal to Hire (not
salting))
Participants
Participant
|
Address
|
Phone
|
Charged Party / Respondent
Legal Representative
RONA
LAYTON
LAYTON LAW FIRM
|
111 N
Market St Ste 300
San Jose,
CA
95113-1116
|
(408)892-9870
|
Charged Party / Respondent
Employer
SUNSET CULTURAL CENTER
|
P.O. Box
1950
Carmel By
The Sea, CA
93921
|
(831)620-2040
|
Charging Party
Individual
|
SOURCE: NATIONAL LABOR RELATIONS BOARD
REFERENCE:
Basic Guide to the National Labor Relations Act
General Principles of Law Under the Statute and Procedures of the
National Labor Relations Board
Unfair Labor Practices of Employers
Section
8(a)(3)—Discrimination Against Employees. Section
8(a)(3) makes it an unfair labor practice for an employer to discriminate
against employees “in regard to hire or tenure of employment or any term or
condition of employment” for the purpose of encouraging or discouraging
membership in a labor organization. In general, the Act makes it illegal for an
employer to discriminate in employment because of an employee’s union or other
group, activity within the protection of the Act. A banding together of
employees, even in the absence of a formal organization, may constitute a labor
organization for purposes of Section 8(a)(3). It also prohibits discrimination
because an employee has refrained from taking part in such union or group
activity except where a valid union-security agreement is in effect.
Discrimination within the meaning of the Act would include such action as
refusing to hire, discharging, demoting, assigning to a less desirable shift or
job, or withholding benefits.
The union security
exception to Section 8(a)(3). As previously noted, Section 8(a)(3) provides
that an employee may be discharged for failing to make certain lawfully
required payments to the exclusive bargaining representative under a lawful union-security
agreement. For a fuller discussion of this issue, see pages 2–3, above.
Even when there is a
valid union-security agreement in effect, an employer may not pay the union the
dues and fees owed by its employees. The employer may, however, deduct these
amounts from the wages of its employees and forward them to the union for each
employee who has voluntarily signed a dues “checkoff” authorization. Such
checkoff authorization may be made irrevocable for no more than a year. But
employees may revoke their checkoff authorizations after a Board-conducted
election in which the union’s authority to maintain a union-security agreement
has been withdrawn.
The Act does not limit
employer’s right to discharge for economic reasons. This section does not limit
an employer’s right to discharge, transfer, or layoff an employee for genuine
economic reasons or for such good cause as disobedience or bad work. This right
applies equally to employees who are active in support of a union and to those
who are not.
In situations in which
an employer disciplines an employee both because the employee has violated a
work rule and because the employee has engaged in protected union activity, the
discipline is unlawful unless the employer can show that the employee would have
received the same discipline even if he or she had not engaged in the protected
union activity.
An employer who is
engaged in good-faith bargaining with a union may lock out the represented
employees, sometimes even before impasse is reached in the negotiations, if it
does so to further its position in bargaining. But a bargaining lockout may be
unlawful if the employer is at that time unlawfully refusing to bargain or is
bargaining in bad faith. It is also unlawful if the employer’s purpose in
locking out its employees is to discourage them in their union loyalties and
activities, that is, if the employer is motivated by hostility toward the
union. Thus, a lockout to defeat a union’s efforts to organize the employer’s
employees would violate the Act, as would the lockout of only those of its
employees who are members of the union. On the other hand, lockouts are lawful
that are intended to prevent any unusual losses or safety hazards that would be
caused by an anticipated “quickie” strike. And a whipsaw strike against one
employer engaged in multiemployer bargaining justifies a lockout by any of the
other employers who are party to the bargaining.
Examples of violations of Section 8(a)(3). Examples of
illegal discrimination under Section 8(a)(3) include:
•
Discharging employees because they urged other employees to join a union.
•
Refusing to reinstate employees when jobs they are qualified for are open
because they took part in a union’s lawful strike.
•
Granting of “superseniority” to those hired to replace employees engaged in a
lawful strike.
•
Demoting employees because they circulated a union petition among other
employees asking the employer for an increase in pay.
•
Discontinuing an operation at one plant and discharging the employees involved followed
by opening the same operation at another plant with new employees because the
employees at the first plant joined a union.
•
Refusing to hire qualified applicants for jobs because they belong to a union.
It would also be a violation if the qualified applicants were refused
employment because they did not belong to a union, or because they belonged to
one union rather than another.
GENERAL
COUNSEL’S BRIEF TO THE ADMINISTRATIVE LAW JUDGE
UNITED
STATES OF AMERICA
BEFORE
THE NATIONAL LABOR RELATIONS BOARD
REGION
32
SUNSET
CULTURAL CENTER and ANDREW HURCHALLA, an Individual
Case
32-CA-242555
Lelia
M. Gomez, Esq.
Counsel
for the General Counsel
National Labor Relations Board, Region 32
CLOSING BRIEF OF
RESPONDENT SUNSET CULTURAL CENTER
UNITED STATES OF
AMERICA
NATIONAL LABOR
RELATIONS BOARD
REGION 32
SUNSET CULTURAL
CENTER and ANDREW HURCHALLA, an Individual
CASE NO.
32-CA-242555
Rona P. Layton
Layton
Law Firm
United States
Government
NATIONAL
LABOR RELATIONS BOARD
Division of
Judges
901 Market
Street — Suite 485
San
Francisco, CA 94103-1779
Phone (415)
356-5255 Fax 415.356.5254
December 20, 2019
United States Government
NATIONAL
LABOR RELATIONS BOARD
Division of
Judges
901 Market
Street — Suite 485
San
Francisco, CA 94103-1779
Phone (415)
356-5255 Fax 415.356.5254
January 30, 2020
Wednesday, February 26, 2020
CITY COUNCIL AGENDA SPECIAL MEETING, March 2, 2020
CITY OF
CARMEL-BY-THE-SEA
CITY COUNCIL
AGENDA
CITY COUNCIL SPECIAL
MEETING
Monday, March 2,
2020
Thursday, January 02, 2020
CITY COUNCIL SPECIAL MEETING AGENDA, January 6, 2020
CITY OF
CARMEL-BY-THE-SEA
CITY COUNCIL
AGENDA
CITY COUNCIL
SPECIAL MEETING
Monday, January
6, 2020
4:30 PM
Wednesday, September 25, 2019
CITY COUNCIL AGENDA SPECIAL MEETING, September 26, 2019
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Thursday, September 26, 2019
11:00 AM
Thursday, September 05, 2019
CITY COUNCIL SPECIAL MEETING AGENDA, September 9, 2019
CITY OF
CARMEL-BY-THE-SEA
CITY COUNCIL
AGENDA
CITY COUNCIL
SPECIAL MEETING
Monday,
September 9, 2019
4:00 PM
Tour Time 4:00
PM
CLOSED SESSION
Thursday, August 01, 2019
CITY COUNCIL AGENDA SPECIAL MEETING, August 1, 2019
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Thursday, August 1, 2019
10:00 AM
CLOSED SESSION
CITY COUNCIL AGENDA SPECIAL MEETING, August 5, 2019
Monday, August 5, 2019
3:30 PM
TOUR
Tour Time 3:30 PM
26336 Scenic Road
CLOSED SESSION
CLOSED SESSION TIME 4:00 PM
Wednesday, July 10, 2019
PUBLIC RECORDS ACT (PRA) LOG MAY 2019: PRA 2019-094
REQUEST NUMBER 2019-094
REQUEST DATE 5/1/2019
5/11/2019 5/25/2019 Completed
14-DAY EXTENSION DATE 5/25/2019
STATUS Completed
COMPLETED DATE 5/23/2019
REQUESTOR Masson & Fatini, LLP
INFORMATION
REQUESTED 1.
Any and all Request(s) for Qualifications sent by the City of
Carmel-by-the-Sea, to Glen R. Mozingo, Esq (believed to be circulated from on
or about February 22, 2017 through March 10, 2017) 2. Any and all
Correspondence and/or Response(s) by Glen R. Mozingo, Esq., to said Request(s)
for Qualifications 3. Copies of Glen R. Mozingo's Resume and/or
Curriculum Vitae sent to City of Carmel-by-the-Sea whether in connection with
said Request(s) for Qualifications, or not 4. Copies of the City of
CarmeL-by-the-Sea's legal services agreement(s) with Glen R. Mozingo, and/or
his law firm of G.R. Mozingo, Esq, APC (there are at least two, August 2018,
and July 2017) 5. Any and all City of Carmel-by-the-Sea City Council
Staff Reports, regarding any legal services agreements with Glen R. Mozingo
and/or his law firm of G.R. Mozingo, Esq. APC (including July 11, 2017, SR
2017-108; however there is likely a second in connection with the legal
services agreement in August 2018) 6.
Any and all Resolutions by City of Carmel-by-the-Sea City Council regarding
Glen R. Mozingo, Esq., including but not limited to any "Authorizing the
Mayor to Execute an Agreement with G.R. Mozingo, Esq. APC to Provide City
Attorney Services" or to provide Associate City Attorney Services 7.
Copies of any payments made to Glen R. Mozingo, Esq and/or G.R. Mozingo, Esq.
APC, in connection with his appointment as City Attorney, or his earlier
services as Associate City Attorney 8. Glen R. Mozingo's resignation
letter dated on or about January 1, 2019
PRA 2019-094 PRA Request & City Response
1. Any and all
Request(s) for Qualifications sent by the City of Carmel-by-the-Sea, to Glen R.
Mozingo, Esq (believed to be circulated from on or about February 22, 2017
through March 10, 2017)
2. Any and all
Correspondence and/or Response(s) by Glen R. Mozingo, Esq., to said Request(s)
for Qualifications
3. Copies of Glen
R. Mozingo's Resume and/or Curriculum Vitae sent to City of Carmel-by-the-Sea
whether in connection with said Request(s) for Qualifications, or not
4. Copies of the
City of CarmeL-by-the-Sea's legal services agreement(s) with Glen R. Mozingo,
and/or his law firm of G.R. Mozingo, Esq, APC (there are at least two, August
2018, and July 2017)
5. Any and all
City of Carmel-by-the-Sea City Council Staff Reports, regarding any legal
services agreements with Glen R. Mozingo and/or his law firm of G.R. Mozingo,
Esq. APC (including July 11, 2017, SR 2017-108; however there is likely a
second in connection with the legal services agreement in August 2018)
6. Any and all
Resolutions by City of Carmel-by-the-Sea City Council regarding Glen R. Mozingo,
Esq., including but not limited to any "Authorizing the Mayor to Execute
an Agreement with G.R. Mozingo, Esq. APC to Provide City Attorney
Services" or to provide Associate City Attorney Services
7. Copies of any
payments made to Glen R. Mozingo, Esq and/or G.R. Mozingo, Esq. APC, in
connection with his appointment as City Attorney, or his earlier services as
Associate City Attorney
8. Glen R.
Mozingo's resignation letter dated on or about January 1, 2019
PRA 2019-094 City Response
Sunday, June 23, 2019
CITY COUNCIL AGENDA SPECIAL MEETING - CLOSED SESSION, June 20, 2019
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION
Thursday, June 20, 2019
OPEN SESSION 8:30 AM
Friday, June 14, 2019
CITY COUNCIL AGENDA SPECIAL MEETING, June 18, 2019
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Tuesday, June 18, 2019
4:00 PM
Thursday, May 30, 2019
CITY COUNCIL AGENDA SPECIAL MEETING, June 3, 2019
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Monday, June 3, 2019 4:30 PM
Friday, May 03, 2019
CITY OF CARMEL-BY-THE-SEA REQUEST FOR QUALIFICATIONS (RFQ) For: RFQ 18-19-005 LEGAL SERVICES
Proposal Release Date:
Friday, March 29, 2019
Proposal Submittal Due Date and Time:
Friday, May 3, 2019 at 4:00 PM
Wednesday, March 27, 2019
CITY COUNCIL AGENDA SPECIAL MEETING, April 1, 2019
CITY OF
CARMEL-BY-THE-SEA
CITY COUNCIL
AGENDA
CITY COUNCIL
SPECIAL MEETING
Monday, April 1,
2019 3:00 PM
CLOSED SESSION
Wednesday, March 20, 2019
STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants: JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT (January 29, 2019), JOINT STATEMENT RE: SCHEDULING OF DEFENDANT RONALD PFLEGER’S DEPOSITION ( January 31, 2019) & ORDER REGARDING THE PARTIES’ FEBRUARY 1, 2019 JJOINT DISCOVERY LETTER (February 1, 2019)
ABSTRACT: RE: STACY LININGER, Plaintiff, vs. RONALD PFLEGER,
CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California,
and DOES 1-50, Defendants, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA SAN JOSE DIVISION,
Case No. 17-cv-003385-SVK: JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT (January
29, 2019), JOINT STATEMENT RE: SCHEDULING OF DEFENDANT RONALD PFLEGER’S
DEPOSITION ( January 31, 2019) & ORDER REGARDING THE PARTIES’ FEBRUARY 1,
2019 JJOINT DISCOVERY LETTER (February 1, 2019) document copies are
embedded. Significantly, For the reasons
stated at the hearing, the Court ORDERS as follows:
Although Plaintiff seeks to depose Defendant Pfleger after the close of fact discovery, Plaintiff contacted Defendants to schedule the deposition on January 16, 2019, prior to the close of fact discovery. Here, the interest in the discovery of potentially relevant evidence outweighs the prejudice to Defendants. Accordingly, Defendants shall produce Defendant Ronald Pfleger for a deposition on a date of his choosing to take place no later than February 28, 2019.
SUSAN VAN KEULEN
United States Magistrate Judge
REFERENCE:
History
Although Plaintiff seeks to depose Defendant Pfleger after the close of fact discovery, Plaintiff contacted Defendants to schedule the deposition on January 16, 2019, prior to the close of fact discovery. Here, the interest in the discovery of potentially relevant evidence outweighs the prejudice to Defendants. Accordingly, Defendants shall produce Defendant Ronald Pfleger for a deposition on a date of his choosing to take place no later than February 28, 2019.
SO ORDERED.
Dated: February 5, 2019 SUSAN VAN KEULEN
United States Magistrate Judge
ORDER REGARDING THE PARTIES’ FEBRUARY 1, 2019 JOINT DISCOVERY LETTER (February 1,
2019)
5:17-cv-03385-SVK Lininger v. Pfleger et al
Susan van Keulen, presiding
Date filed: 06/12/2017
Date of last filing: 02/05/2019
Susan van Keulen, presiding
Date filed: 06/12/2017
Date of last filing: 02/05/2019
History
Doc.
No. |
Dates
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Description
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Complaint
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|||||
2
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Case
Assigned by Intake
|
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Initial
Case Management Scheduling Order with ADR Deadlines
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Summons
Issued
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|||||
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Clerk's
Notice re: Consent or Declination
|
|||||
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Consent/Declination
to Proceed Before a US Magistrate Judge
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ADR
Certification (ADR L.R. 3-5 b)of discussion of ADR options
|
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Consent/Declination
to Proceed Before a US Magistrate Judge
|
|||||
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Answer
to Complaint
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|||||
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Clerk's
Notice re: Consent or Declination
|
|||||
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Motion
to Dismiss
|
|||||
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Clerk's
Notice re: Consent or Declination
|
|||||
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Consent/Declination
to Proceed Before a US Magistrate Judge
|
|||||
14
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Clerk's
Notice
|
||||
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Stipulation
|
|||||
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Order on
Stipulation
|
|||||
17
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Clerk's
Notice
|
||||
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ADR
Certification (ADR L.R. 3-5 b)of discussion of ADR options
|
|||||
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ADR
Certification (ADR L.R. 3-5 b)of discussion of ADR options
|
|||||
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Stipulation
and Proposed Order selecting Early Neutral Evaluation
|
|||||
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Order
Referring Case to Early Neutral Evaluation
|
|||||
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Opposition/Response
to Motion
|
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Opposition/Response
to Motion
|
|||||
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Stipulation
|
|||||
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Order on
Stipulation
|
|||||
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Stipulation
|
|||||
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ADR
Clerk's Notice Appointing ENE Evaluator
|
|||||
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Reply to
Opposition/Response
|
|||||
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Order on
Stipulation
|
|||||
30
|
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Motion
Hearing
|
||||
31
|
|
Clerk's
Notice
|
||||
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Order on
Motion to Dismiss
|
|||||
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Motion
for Reconsideration
|
|||||
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Motion
for Reconsideration
|
|||||
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Set/Reset
Hearings
|
|||||
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Order
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|||||
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Opposition/Response
to Motion
|
|||||
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Reply to
Opposition/Response
|
|||||
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Order on
Motion for Reconsideration
|
|||||
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Amended
Complaint
|
|||||
40
|
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Certification
of ADR Session
|
||||
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Answer
to Amended Complaint
|
|||||
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Motion
to Dismiss
|
|||||
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Opposition/Response
to Motion
|
|||||
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Reply to
Opposition/Response
|
|||||
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Certificate
of Service
|
|||||
46
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Motion
Hearing
|
||||
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Order on
Motion to Dismiss
|
|||||
48
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Clerk's
Notice
|
||||
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Motion
for Reconsideration
|
|||||
50
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Clerk's
Notice
|
||||
|
Order on
Motion for Reconsideration
|
|||||
|
Joint
Case Management Statement
|
|||||
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Notice
of Appeal
|
|||||
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USCA
Case Number
|
|||||
55
|
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Case
Management Conference - Initial
|
||||
|
Digital
Audio File Uploaded
|
|||||
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Notice
of Change of Address
|
|||||
|
Case
Management Statement
|
|||||
|
Discovery
Letter Brief
|
|||||
60
|
|
Clerk's
Notice
|
||||
61
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Clerk's
Notice
|
||||
|
Digital
Audio File Uploaded
|
|||||
63
|
|
Case
Management Conference - Further
|
||||
|
Order on
Discovery Letter Brief
|
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