https://www.youtube.com/watch?v=Xrmqg3rWB1M&feature=youtu.be
https://www.facebook.com/rdannells/videos/10204739663113968/?pnref=story
Audio hearing September 23rd 2014 transcripts:
Judge: Good morning this is Judge David Turplstein. I'll be
conducting the hearing today. I have just turned on the digital
recorder. The digital recorder serves as the record of today’s hearing
in case there is an appeal. The hearing notice states the purpose of the
hearing is the issues to be considered the issues today are: whether
the claimant is available for work,
whether he was discharged for misconduct or not. We'll get started
shortly. We'll make an introductory statement, swear in the witnesses,
and go through the documents, then Mr. Dannells I’ll ask you some
questions about your work for Fred Meyer as well and the things you have
been doing to look for work since your job ended, then you'll be
subject to cross examination by the employer representative and then it
will be the employers’ opportunity to present its case as to why the job
ended. The employers witnesses will provide their testimony, then
they'll be subject to cross examination, once the employer has completed
its presentation, Mr. Dannells will be able to provide his testimony as
to why his job ended, he'll then be subject to cross examination once
all the testimony is completed. Both sides will be able to make a
closing argument and that will conclude our hearing today. Mr. Dannells
any procedural questions? before we begin?
Rue: Ah, no I’m
familiar with the procedure. Judge: Thank you. Miss Pascaletto, Any
procedural questions before we begin? Amy P: No thank you. Judge:
Thank you. The hearing is in Spokane Washington. Today’s date is
September 23rd 2014. The hearing is being conducted by judge David
Turplestein in the state of Washington, in the matter of Ruhullah
Dannells. The docket number is 09201400081. On the 30th of July2014,
the employment security dept sent a notice to both sides. The decision
ruled that Mr. Dannells was not discharged for misconduct and he was
permitted benefits. Mr. Dannells, I mean the employer filed a timely
appeal on august 29th 2014. Present at the hearing today is the
claimant Ruhullah Dannells as well as the former employer, Fred Meyer
represented by Amy Pascalletto with witnesses Daron Maygra, Ronnie Tate,
and Henry Rollins. At this time I would like the witnesses to raise
their right hands to be sworn in, so Mr. Dannells, Maygra, Mr. Tate, Mr.
Rollins, raise your right hands, do swear and affirm the testimony you
are about to provide will be the truth Mr. Dannells? Rue: I do.
Judge: Mr. Maygra? Daron: I do. Judge: Mr. Tate? Ronny: I do.
Judge: and Mr. Rollins? Henry: I do.
Judge: Mr. Dannells
if you could please state your name for the record. Rue: um, Ruhullah
Dannells. My address is 11319 Cooper ave sw Port Orchard, WA. 98367.
Judge: Thank you. Mr. Maygra could you please state your name,
business address, and position with the company please. Daron: Yes my
name is Daron Maygra. Our address here is 5500 Olympic ave nw Gig
harbor Washington 98335. I am the store director. Judge: Mr. Tate
can you do the same please. Ronnie: Yes, um, my name is Ronald Tate.
I am uh, currently employed at ah, Fred Meyer gig harbor Olympic drive
nw gig harbor WA. 98335. My position at Fred Meyer is a grocery clerk
with pic responsibilities. Judge: What is PIC responsibilities?
Ronnie: ah means that ah, I, um, part time and that I back up the PIC
and manager on duty when they are are out of the store. Judge: I see.
PIC means person in charge? Ronnie: Yes. Judge: Mr. Rollins if you
could please state your name and position. Henry interrupts: My name
is Henry Rollins. Judge: Go ahead. Henry: Our address is 5500 Olympic
drive nw Gig harbor 98335. I am the loss prevention manager. Judge:
I'm sorry what was that? Henry: I am the loss prevention manager.
Judge: All right thank you. (long pause) Judge: There were a number
of exhibits and actually a large number of exhibits submitted and they
are marked in the bottom right hand corner of each page. There was a
large number sent last week by Mr. Dannells and miss Pascalletto did you
receive those?
Amy P: Yes. Judge: alright. I will
identify the exhibits. Take any objections to them. The first set is
the set from the office of administrative hearings. The original hearing
packet exhibits 1-5 are the notice of determination. Pages 6 and 7 is
the notice of appeal. Page 8 is the appeal, followed by the employer.
Page 9 is a letter from Mr. Dannells. Page 13 is a faxed cover sheet.
Page 14 is the employer's response form. Page 16 is a letter from the
employer representative company. Page 17,18 are emails. Page 19 is a
faxed cover sheet. 20 is a like a statement from Mr. Rollins. Page 21
is a statement from... I don’t know I can’t read the signature. Page 22
is an email from Lenard Lundy. Page 23 is a temperature sheet for the
refrigerated cases. (Pages) 24, 25, 26, through 30 are all temperature,
are supposed to be temperature logs, some of them are like, I’m looking
at exhibits 28, 27, 29, 30 are almost completely illegible. I can’t
read them at all. They are terrible copies. Page 31 is an email from
Mr. Tate. Page 32 is a suspension notice. Page 33 is a like
instructions on how to take a picture with an iPod. Page 34 is the
same. As is page 35. But they are very poor copies, very difficult to
read what’s in here. There are instructions on how to take a picture
with an iPod and then in between that there are notes or ah statements
from Mr. Dannells. Same with page 36. Page 37 is more letters from Mr.
Dannells. Page 38 is another hand written note. The penmanship is
very poor. It is difficult to read. Page is 40 is another email from
Mr. Tate. Page 41, 42, 43, 44, temperature logs. (page) 45 temperature
log that is completely illegible. It's a picture of the temperature
log on a clipboard and it’s completely illegible. (Page) 46, 47, 48,
more temperature logs, as is page 49. Mr. Dannells any objections to
exhibits 1 through 49? Rue: Ah, just the pages that I can’t see. I've
got the same copies you can. And I can’t read what's on them.
Judge: Alright. Thank you Mr. Dannells. I'll ah, I agree that some
of them are illegible, but it’s in the interest of judicial economy I’m
not going to pick those out. They are just poor copies, whatever we can
make from them during the course of the hearing. Rue: Understood.
Judge: Miss Pascalletto any objections to exhibits 1-49? Amy P: No.
thank you. Judge: Thank you. I'll exhibit 1-49 to the record. Then we
move to the first subset of exhibits here. This is from Mr. Dannells,
and the first page is a cover sheet. I’m not going to include that as
an exhibit, it's really not helpful. Page there, which has been marked
as page 52 is a witness statement, which is already an exhibit, so I am
not going to include that. There is notes by Mr. Dannells at the
bottom, but he can testify as to what he wants to explain or cross
examine that note. Same with exhibits. The next 3 pages that are Mr.
Lundy’s statement and then more responses to that statement from Mr.
Dannells and that goes to page 55. I am not going to admit that. Mr.
Dannells can provide his testimony on those things. Page 56 is more
temperature logs, with Mr. Dannells, some of them have Mr. Dannells,
explanations or responses written on them. I don’t think that is
appropriate for an exhibit I am not going to admit any of those. Then
we get down to what is marked as page 63 which is more explanations or
notations from Mr. Dannells. I am not going to admit any of that. A
person cannot write on an exhibit their explanation of the exhibit. They
can testify as to what they want to about the exhibit but marking the
exhibit makes it not an exhibit, that’s useful for this proceeding. Ah
we get down to page 67 which is a performance evaluation and that goes
to page 70 any objections Mr. Dannells to exhibits 67 - 70?
Rue: I don't have any objections. Judge: Alright. And miss
pascalletto? Amy P: No. thank you. Judge: I will admit 67-70 into
the record for today's hearing and the next set here is marked page 73
and actually starts on page 72 and is another performance evaluation,
for um Mr. Dannells, um and that goes down to page 75 and then there is
an email titled "Thursdays Close" from Mr. Dannells to a number of
people at the store. Mr. Tate and Mr. Maygra and then another email
says Friday's close and those are pages 76-77. Any objections to
exhibits 72-77 Mr. Dannells? Rue: No. Judge: Thank you and ms
Pascalletto? Amy P: um No. Thank you. Judge: Thank you. I'll admit
exhibits 72-77 into the record for today’s hearing. The next set sent
in by Mr. Dannells, um is another series of emails regarding “Fridays
close” and goes all the way to “Saturdays close” and “Sundays close”,
“refrigeration alarm”, “Mondays close,” “Wednesdays close.” They are
all emails. Pages 7, another email regarding closing and that continues
on to page 8 and 9 and 10 are more emails in regards to closing the
store, and those go on to page 92, and they begin at page 79. Then we
have more temperature logs. These do not have notes on them from Mr.
Dannells. They go to pages 97. Any objections Mr. Dannells to exhibits
79-97? Rue: No. Judge: Thank you. And miss pascalletto? Amy P: I
don’t have those documents. I don’t have the emails or the temperature
logs with the notes on them. Judge: Did you send those Mr. Dannells?
Rue: Ah I do. and I do have the confirmation sheet to prove that I
did. Judge: What is the confirmation sheet. Rue: Ah the fax
notification that said that the fax was successful to the numbers that I
sent it too. judge: That doesn't mean it was received. When did you
send it? Rue: Um, on, I sent them at the work source office I sent
them to um all the numbers that were listed on the hearing page and I
actually had to get look up numbers, um, to get them to, ah, Fred
Meyers, but I sent them to a Cammie long, the unemployment consultant
for Fred Meyer and it says the status on them was ok, that they were
received. Judge: So miss Pascalletto, You didn't receive those
exhibits? Amy P: No I didn't. And I don’t know who Cammie long is.
Judge: I am not going to admit exhibits what was now 79-109. There is
no evidence here that the employer received them. They are temperature
logs. Almost all of them are temperature logs or emails. If during the
course of the hearing we need to discuss them in further detail Mr.
Dannells you can renew your motion to admit these and I'll consider it
again at that time, but for the purposes of beginning this hearing I’m
not going to admit them and if we need to leave the record open to
submit documents if the court feels it's necessary, so for the record
exhibits 1-49, 67-70 72-77 have been admitted for today’s hearing. With
that Mr. Dannells when did you start working for Fred Meyer?
Rue: I, uh, started working at Fred Meyer uh in April 19th 1996.
Judge: When did your job end? Rue: It ended July 15th, 2014. judge:
What was your job? Rue: Um for the last 12 years I have been the
closing food PIC 40 hours a week. judge: How much were you paid? Rue:
Um journeyman wages. $19.45 an hour plus PIC pay which is an extra
.50 cents. Judge: So $19.95 an hour? Rue: Correct. Judge: And you
said journeyman wages. Are you in a union? Rue: I am. Judge: What
union are you in? Rue: Ah the local 367 food union. Judge: So what
is the union? Is it the united food and commercial workers union? Rue:
Correct. Judge: And you said what local? Rue: Local 367. Judge:
And where was the store located that you worked at? Just the city and
state. Rue: Ah, Gig Harbor, Washington. Judge: Since your job ended
Mr. Dannells have you been looking for other work? Rue: I have.
Judge: What types of jobs have you been looking for? Rue: I applied
at all the grocery stores. Um, I applied at the ship yard. Um and I
applied through work source and government jobs. Judge: How many
employers each week do you contact? Rue: Ah at least 3, sometimes up
to 5-6. Judge: Do you keep a record of the employers that you contact?
Rue: Oh yes. Judge: Have you had any obligations or responsibilities
that would prevent you from accepting full time work if it was offered
to you? Rue: I have not. Judge: Have there been any days or weeks
where you have been unable or unwilling to work? Rue: No. Judge: Do
you have transportation to jobs or job interviews? Rue: I do. Judge:
Have you attended school at all during the time you applied for
unemployment benefits? Rue: No. Ah, just work source classes. Judge:
Thank you Mr. Dannells. miss Pascalletto, Any questions for Mr.
Dannells? Amy P: No thank you. Judge: Thank you very much. And miss
Pascalletto, this is your opportunity to present the employers case as
to why the job ended. Amy P: Ok, Mr. Maygra are you there? Daron:
Yeah, I am here. Amy P: ok. Can you tell us, what is your position?
Daron: I am the store director. Amy P: Alright and how long have you
held that position? Daron: Since May of 2013. Amy P: Alright, and did
Mr. Dannells work for you? Daron: Yes, he did. Amy P: Ok, can you
tell us what was his hire date? Daron: His hire date was April 19th,
1996. Judge: And miss Pascalletto and Mr. Maygra if it's different
then what Mr. Dannells testified to please correct it, if not, please
don’t go through it. Amy P: Ok. Judge: Thank you. Amy P: Mr. Maygra
is it different than what Mr. Dannells stated? Judge: Miss
Pascalletto, if you know it to be different then please correct the
record, but otherwise the testi.. it's asked and answered. We don’t need
to repeat the same line of testimony. Amy P: Alright. Thank you. Mr.
Maygra can tell me was the claimant discharged? Daron: Yes, he was.
Amy P: Ok and did you do the discharge? Daron: I did. Amy P:
Alright, and can you tell us the reason for the discharge? Daron: It
fell under the falsification of company records. Amy P: Ok and was
there a final incident that lead to discharge? Daron: Um
(unintelligible, mumbling) ... required of the temp checks being
falsified and when we did the investigation that's what he was
ultimately termed for was falsification.
Amy P: Ok and tell
us when did this occur? Daron: Ah days in question are originally on
the 30th from the date of 29th and then ah... Judge interrupts: Mr.
Maygra the 29th and 30th of when? Daron: I’m sorry, sorry, June. I
apologize. Judge: 2014th? Daron: Yes. Judge: Thank you. Amy P:
Ok. What happened? Daron: (unintelligible. time stamp: 18:33) ... then
I um got with my LP. My LP did a COUPLE (Henry, only did ONE as stated
by Henry’s testimony and he only shadowed for 3 ½ hours) of over night
shifts or worked, the you know, same shifts as Rue did, to determine
whether this was a fact or not, and um when we got the video footage on
camera that showed that the temps were not being completed (see foot
note), then we made contact with the main office where we told all the
information we have found, and at that point, they told me that we are
to terminate Mr. Dannells. Amy P: Ok can you tell us, what did you
actually um witness? Daron: Ah, um, Rue was, you know, every
(unintelligible. time stamp: 19:16) ...you know of his shifts, and so
(unintelligible:) that fact that Rue was not walking the departments and
doing the temp checks which you have to manually do, even if you are
going into the service departments at the times, which are supposed to
be done, which are 4:00, 8:00, and midnight. Ah we had a visual on the
clipboard, which held the temp checks, along with the temp gun, at the
temps, ah that stayed on the wall, for the duration of the evening,
until um later in the evening, around 11 o clock, when Rue would take
the temp check inside an office where there are no camera's, be in there
for a period of time, come back out and then that's when the temp
checks were completed that time. Amy P: And when should the temp logs
be completed? Daron: We do them every 4 hours for the refrigerated
cases, which start in the night at 4:00 am, 8:00 am, noon, 4:00 pm, 8
pm, and then again at midnight. He, ah the frozen cases are done at 8:00
in the morning and evening.
Amy P: Alright and what was the
claimant doing that he was not supposed too? Daron: What was he not
doing? Amy P: Yes. Daron: He wasn't visually inspecting the cases
with our thermometer gun and ensuring that we were within temp. Ah he
was completing other tasks throughout the evening. Amy P: Ok and how
did you know this? Daron: Ah again my Loss prevention manager was
working side by side with him, not knowing that, but he was watching him
on camera and being in the store during his shift and ah ensured that
the cameras that we have on the departments, whether he was going in or
not, to, to, actually manually take the temps, and when Rue was not seen
going into those departments and the clipboard was not being taken from
the wall, which you need to take the temp gun, chart and remove it from
the wall for the evening, it’s not possible to take the temp check.
Amy P: Alright. And did you talk to the claimant about this? Daron:
Yes I did. Amy P: when did you talk to him? Daron: Ah, um, I believe
our first meeting on it was the 12th, sorry July 12th, 2014. Amy P:
Ok and what happened at that meeting? Daron: Um, it was brought to
the attention, to my attention that the temp checks were not being
completed in the evening. And, ah, I asked Rue if that was the case or
not and rue said that he HAD been taking the temps. (I said, I was
ensuring the temps got completed, implying that it wasn’t always done by
me, but other associates as well.) And, ah, um, and we went through
that conversation and ultimately with the testimony from one of our
associates that he wasn't doing the temps in the evening. And with my
loss prevention's camera we determined that that was correct. Amy P:
Ok. And did the claimant ever give you a reason why these temperatures
weren't being taken, like they were supposed to?
Daron: Um
he said that he had done them and he was being framed. (I didn’t say I
was being framed. I said I didn’t understand the phone photo with the
time stamp. I said it didn’t make sense and Daron suggested I had been
framed to which I answered I don’t know) Amy P: Ok. And why is it so
important that these temperature logs be taken? Daron: Um, for the
business, so we can ensure that are cold stuff, stays cold and we don’t
break that cold chain management. Um we have been fortunate as a
company at our location, we've never had incidents um, where people get
sick. It happens where sometimes people die because stuff is not
properly maintained, temperature-wise so to ensure that doesn't happen,
we need to put such employees ensure that we're keeping that
refrigeration throughout, you know, when the product comes in, to the
time it goes home with the customer, um, that's why it is so important
we do these every four hours. Amy P: And does the claimant know that
this is what had to be done. Daron: Yes, he did know that. He stated
in his document that I have here, that it is the easiest way to get
fired and he understands that temps need to get done. And um, you know,
falsifying is an easy way to get fired. Amy P: Alright and did you
ever have a conversation with the claimant about the temp logs? Daron:
Ah we spoke about it um, I don’t know the exact date, but it was
probably six months prior to this. I had noticed that the temp logs
were not being completed at all in the evenings, (Daron Doesn’t’ work
evenings) so we had conversation with the PIC's, the people in charge in
the night time, (I was not privy to this conversation. It was held in
the morning when I wasn’t there. Len told me about this conversation
some), hey this is important and we need to ensure that these things are
being completed every four hours. And every 8 hours depending on
whether it is refrigeration or frozen. Um, from that point going
forward, I would audit them and we'd completed them successful and I
wasn't concerned until this information was brought to me. (The logs
were NOT being audited. The copies I have and faxed over proved that
temps weren’t being done correctly were still an issue).
Judge: From who? Daron: Oh, from oh, Mr. Tate. Judge: What did he
say in the email? Daron: Um, he said, that he had ah, um, noticed that
the temp checks throughout the evening, he would walk by, he wasn't the
person in charge at night and he noticed that often the temp logs that
they weren't being completed and he had seen Mr. Dannells pick up the
clipboard and go into the price changing room in the 11 'o clock hour
and would be in there awhile and when he'd come back out they were all
filled out. Judge: All right. Any other.. Next question Miss
Pascalletto? Amy P: Yes, you stated the reason for discharge was for
falsification. What is your policy for falsification? Daron: It's an
automatic termination. Amy P: Thank you. I don't have any other
questions. Judge: Thank you Miss Pascalletto. Mr. Dannells any
questions for Mr. Maygra? Rue: I do. When did um, Ronnie Tate send
that email to Daron that there was a problem with the temp logs? Daron:
June 30th, 2014. Rue: It's not included in here. Judge: Is that a
question or a statement Mr. Dannells? Rue: It's a question because
it's not included in this packet of information. I do have a note from
Ron Tate on ah, looks like page 40, but it's dated the 12th of (July)
which was during my suspension, that there was a problem with the temp
logs, not PRIOR to my suspension. Judge: So the question is Mr. Maygra
is the email from June 30th included here in the (unintelligible, time
stamp 26:43) discovery? Daron: I, I, don't see it in here either.
Judge: Alright. Next question Mr. Dannells. Daron Interrupts: We
have documentation when we did the over nights with him (The
“over-night” was 3 ½ hours from 3:00 – 6:00 pm), that is dated before
the 12th, but I don't see the one from Ronnie on the 30th (of June).
Judge: Next question Mr. Dannells.
Rue: Ah that's it. I'd like
to get that email if that is possible. Judge: No, I don't see how that
is possible now to get it ah. Rue interrupts: ok. Judge: I think the
testimony is complete about what was sent and when and that is
sufficient for this hearing. Anything else Mr. Dannells, any other
questions for Mr. Maygra? Rue: Ah no sir. Judge: Thank you very
much. Miss Pascalletto your next witness. Amy P: Alright. I'd like to
call Mr. Tate. Mr. Tate are you there? Ronnie: Yes sir, er, Yes,
maam. Sorry. Terribly sorry. Amy P: Alright. Ok. Mr. Tate, did you
sometime notify Mr. Maygra regarding the claimant and the temp logs?
Ronnie: Yes I did. Amy P: When did that occur? Ronnie: Ah, it was
at right at ah, the end of June 2014. Ah, It was either the 29th or the
30th. Amy P: Ok. And why did you ah contact Mr. Maygra? Ronnie: I
was concerned um, just as he basically stated, I mean to ah, take the
issue, it's a health concern. I um, had noticed that ah, um, that the
the night in question, it was the 29th of June 2014, I noticed that at
9:00 or 9:15 that the 4:00 pm and 8:00 pm temps had not been completed.
And then I came back by at about probably 10:45 - 11:15 and noticed
that um those had been completed, so I uh was concerned. That was a
concern because you can only do them at the time, there'd be no reason
why they'd be filled out after the fact because you have to have the
temp gun and you have to use the clip board. It didn't make a lot of
sense. Amy P: Ok and was there a reason why you were looking up those
temp logs at that time?
Ronnie: (unintelligible. time stamp
29:13)... It hangs on the back wall on the stock room. Um, right where
we plug in the forklift and you go in an out that back door all the
time, so when I am walking by that wall, I was just kind of one of those
things, where you look at the paperwork that is hanging, what we have,
the reports, the other reports around there, that need to be done and
completed in a timely manner, so I just happened to see that um, around
9:00 that those two hadn't been done and then when I came back by. It
was just odd that they were filled back out. It was just happenstance
that I noticed it, honestly. Amy P: Alright and so on that day you
contacted Mr. Maygra. Is that correct? Ronnie: The next day I did,
yes. Amy P: Ok and um, was there anything else that you had noticed at
that time? Ronnie: There was uh, around that same time uh, I had
noticed him uh, I don't know the exact date, I apologize, but it was
towards the end of June, I had noticed at the end of the night he had
taken the temp clipboard off the wall. I didn't know why and then he
was in the side office with it, and then when he brought it back out, he
hung it up and it was filled out. Uh, It was another disconcerting
because there is no reason to take that clipboard into the side office
and he wouldn't be doing anything with it, there aren't any notes to put
on it,(There were: My handwritten notes for the day) it’s just you
fill the temps out, then you go to the department. Amy P: Alright.
Thank you very much. I don't have any other questions. Judge: Thank
you Miss Pascalletto. Mr. Dannells any questions for Mr. Tate? Rue: I
don't have any questions for Mr. Tate. Judge: Thank you Mr. Dannells.
Miss Pascalletto your next witness. Amy P: Yes. I'd like to call
Mr. Rollins. Judge: OK. Amy P: Hi Mr. Rollins can you please tell me
um, did Mr. Maygra contact you around June 30th, 2014. Henry: Yes, he
did. Amy P: What did he contact you about?
Henry: He
actually contacted me, asking me if ah, I could watch Rue for falsifying
the temp checks. Amy P: Ok and can you tell me what you did in that
investigation? Henry: Yes, I ah worked ONE shift, along with him, in
my CAMERA ROOM. Um, about 4:00 pm when he was supposed to be doing the
4:00 pm temp checks, he was actually on top of the, the, what'd ya call
it? Someone interrupts: Top bar. Henry Continues: The top bar
cutting the lids off of boxes, absolutely not doing temp checks at all.
When I came in the next day, I taped on where I had put the camera
right on where the clip board is and right where the temp gun is, and
not once being moved until later on that night. Since the clipboard was
moved. It was moved into the office. He came back out, put it back on
and it was filled out. Amy P: So what day was this? Henry: I don't
remember what day it was right now. (Very Long Pause) Amy P: Ok and
did you witness... Judge interrupts: The question wasn't answered.
You asked what date it was Mr. Rollins, what date was that, that you had
the camera there that observed the clipboard and the gun not being
moved? Henry: I believe it was the 3rd. Um, I don't remember now off
the top of my head right now. Judge: So on the July 3rd, the camera
showed the temperature gun and the clipboard not being moved at all?
Henry: Yeah, until later on that night. Judge: Well when? Henry: It
was the 5th of 2014. Judge: And when were the gun, temperature gun and
clipboard moved?
Henry: It would have been moved each time
at 4:00 o' clock, 8:00 o' clock that night, um but it didn't. The
clipboard didn't move at all until it was probably 10:30 that night, and
the temp gun didn’t move at all during the day. Judge: So only the
clipboard was moved at 10:30? Henry: Yes. It was brought into a side
office. Judge: The gun was not moved at all, all day? Henry: No. Not
all day, during his shift. Judge: Alright. Thank you. Next question
Miss Pascalletto. Amy P: I don't have any questions. Judge: Alright.
Thank you very much, and so on the day Mr. Rollins that you watched
him on the camera how long did you watch him? Henry: I watched him all
the way until 6:00 o' clock. Judge: and when did you start? Henry
interrupts: And then when I came in the next morning I reviewed the
video. Judge: So when did you start watching him? Henry: I started
watching him at the beginning of his shift at 3:00 o' clock. Judge:
And, what day was that? Henry: That was the 5th. Judge: Ok. so then
at 4:00 o' clock you didn't see him doing the temperature scans. Henry:
No. I waited around until 6:00 o' clock because he hadn't, you could
do it, at a half hour before or a half hour after, but it was never
done. Period. Judge: Ok. Alright. Thank you very much Mr. Rollins.
Mr. Dannells any questions for Mr. Rollins? Rue: I don't have any
questions. Judge: Ok. Thank you very much. Miss Pascalletto anything
else you want floored? Amy P: No. Judge: Thank you. Mr. Dannells it
is your opportunity to present your evidence. Please go ahead.
Rue: Ok. Concerning the temp charts, I am not the only one who takes
temperature readings. Ah, even if it’s my own shift. Ah, James Wofford
takes temps, Ron Tate would take temps. Len Lundy would take temps.
There might be 3, 4, 5 (different) signatures for that entire day. Just
because a temperature was missing at 4:00 o' clock from me, it doesn't
mean that I didn't do it. It depends on who had been delegated to do
temps that day or who saw that the temps should have been done. Judge:
If the gun wasn't being moved, Mr. Dannells how is the temperature
being taken? Rue: There is also a secondary temperature gun, upstairs
in the manager's office in the top drawer. It's yellow, er it's red.
The red one is on the wall and the yellow one is upstairs. Judge: ok.
Alright. Please continue. Rue: I'm sorry, I didn't hear the last
comment. Judge: Please continue. Rue: Ok. I um had a review in
April with Andy Morehouse. Um, where he had told me during my review
that I had been in the position for too long, and that I needed to move
up or move on, or my position would be taken from me. I brought this
information up to Daron during my suspension and Daron said he would not
speculate on those circumstances. Judge: Alright. Rue: I've got
some more information; I am just getting to it. Judge: ok. Rue: The
two notes of supposedly supporting documentation that Len Lundy and Ron
Tate um, both wrote to Daron were not given to him PRIOR to the alleged
falsification, they were both written DURING my suspension. Possibly as
supporting documentation that Daron requested, um, but I don't have
anything prior to this that says, hey there is was an issue (with the
temp logs).
1. The location for the temp chart clip
board is on the communications board of the hallway near the price
changing room, and that hallway gets a lot of traffic. It services the
produce department and the access to the main freezer, and U-boats.
Frozen and freight pallet deliveries use that hallway often. Oftentimes
during the deliveries pallets moved down this hallway would brush up
next to the communications board knocking over the clipboards and the
stores printed off documents off from this (communication) board. The
fallen documents did not always make it back to the clipboard or to the
wall.
2. Um, We received either a frozen or produce load
almost every day between the hours of 12:00 am – and 4:00 am, after I
had placed the temp chart clipboard back on the wall for the evening.
This would account for some of the missing logs if they had been knocked
off the board.
3. Prior to Kathy Mostrom’s direction to
Denise that Denise be in charge of putting the previous days temp charts
in the binder, temp charts were left on the temp chart board. I do not
know who put them in the binder before that, but assume it was one of
the morning mangers.
4. As Len’s email said Len was the ONLY
person putting his temp logs into the temp log binder HIMSELF most of
the time, ensuring that his logs were there, so that is why most of
Len’s logs were in the temp log binder, but some of mine might have been
missing. I didn’t put my logs into the binder each night because I had
never been given the direction to do so, so I left them on the
clipboard each night.
5. The current temp chart binder is very
unorganized and it had problems. It was only organized and checked for
compliance when we had knowledge that the temp logs binders were going
to be audited soon for compliance by the health dept. Jim Jackson the
zone 5 food regional would send an email to stores as a reminder when
health department visits were expected, stating in his email – “Ensure
your temp logs are 100%.” So this implies that it was common knowledge
among many stores that temp chart binders had problems.
6.
When checking the book for compliance, oftentimes there would be time
slots missing, initials not given, dates missing, or the temp logs not
dated at all. If in the date sequences: July 4,5,6,7 and 6 was missing
and two undated temps charts were found elsewhere in the binder, these
temp charts would be dated with the missing date, regardless of whether
or not it was the correct chart for that day.
7. If a temp
window time was missed by me because of me being pulled away by another
responsibility: (customer service, cashiering, or whatever, etc.) I
either did the temp as normal and recorded the actual time I did the
temp or wrote the actual time down, or I would get another employee to
do the temps for me. Ah, If to much time had elapsed I would leave the
temping window empty. I wasn't worried about getting in trouble for
that because we would get busy, stuff would happen. I didn’t fill in
the temps if missed and I have a temp chart from May 31st, which is my
watch, page 65 where the 4:00 pm window was left blank as proof of this.
Rue: I need just a second. Judge: Go ahead. Rue: Um, If
Ronnie saw me in the price changing room with the clipboard writing I
would have either been writing notes on the temp chart clipboard,
crossing off tasks completed or reading my notes. If it was during the
10:00 pm hour I could have also been writing the email draft for my
close note, which I included in the fax packet, that I sent for the
morning mangers. I go into the price changing room because it is quiet.
Um, that is pretty much everything I have.
Judge: Ok.
Thank you very much Mr. Dannells. Miss Pascalletto, any questions for
uh Mr. Dannells? Amy P: Yes, I have a couple questions. Judge: Ok,
go ahead. Amy P: Ok. Mr. Dannells um, during your shift are you to
check the temp logs to make sure they are completed at each hour
specified? Rue: Ah, I don't think so. I've never been said to me, to
make sure that the temp charts are done each hour, they are done every
four hours, and they would usually be done, like at the 4:00 o' clock
one, we would usually get done about 4:45 somewhere in there depending
on how things go, because that is our prime time hour when we are up
front cashiering or in position A. If I had an associate working that
day who had been trained in taking the temperatures, like James Wofford,
I would call him from the check stand and say James, hey get the temps
for me I'm busy right now and he would, and I have temp charts to
support that. Amy P: Alright and if they are not completed are you
supposed to complete them?
Rue: Um, If it hadn't been
completed and too much time had elapsed, then I would leave that temp
window empty. You can't go in and fill in the temps after the fact.
Um, you can write on the top, You know If it is 4:45, or 4:30, or you'd
write that down, but you want to try and get to the temping window as
(close as) possible. Uh, an example being that I ah leave at midnight,
but there is a Midnight temp, so I do that temp at 11:30, because it
takes about 10-15 minutes till I get done at 11:45 I look at my draft
close note, look it over and then send it to the morning manager and
then leave on time at midnight.
Amy P: Ok and ultimately is it
your responsibility to make sure that the temp logs are filled out?
Rue: ah, I would say yes, ultimately it is my responsibility though no
one has ever come up to me and said there is a problem with the logs or
anything like that until this. Amy P: Ok, and are you ever allowed to
complete all the temperature logs at the end of your shift? Rue: Um,
no I am not. You have to do it as close to the temping window as
possible. Amy P: Ok. Thank you. I don't have any other questions.
Judge: Ok. Thank you very much. Mr. Dannells, anything else? Rue:
Um, No I don't think so. Judge: Alright, Thank you very much. Miss
Pascalletto any closing arguments for the employer? Amy P: Um, I just
have a couple of redirect questions. Judge: Ok, for who? Amy P: For
Mr. Maygra. Judge: Alright, Go ahead. Amy P: Ok, Mr. Maygra, Are you
there? Daron: Yes. Amy P: Alright, um you heard the claimant's
testimony, he said that there could be up to 4 or 5 people that could be
taking temps on his shift. Is that correct? Daron: Ah Not exactly, I
mean usually it went like this, he would have maybe 2 sometimes, 3
associates working with him, and up to 2 or 3 if they were all trained
to do temp checks. Um, can I elaborate on this? Amy P: Yes. Daron:
Um, awhile ago Mr. Dannells said was that um, you had talking about the
missing temps and this isn't really about the missing temps, it's about
the temps that were falsified, um the ones in question all have Mr.
Dannells's signature on there or his initials, it doesn't have Mr. James
Wofford's, which he would do earlier or another person that may have
possibly assigned the task. Amy P: Alright, and he also stated that
there was a temperature gun, that was located in the office upstairs.
Do you know anything about this? Daron: Ah at times we do have spare
guns. We do not have one as of right now. I can't say for sure if there
was one at that time, but as Mr. Rollins testified to you earlier,
during that window, that we we have a half hour on each side of the
window, so it a temp is do at 4:00 o' clock, um any time between 3:30
and 4:30 is acceptable to negotiate that because of the needs of the
business, um, but during that 3:30 - 4:30 Rue was witnessed on the top
bar and in the store doing other tasks, not ever going into the office
to get a temp gun or going to the back to get one off of the wall. And I
don't know that there was one in the office, ah like I said they kind
of come and go, sometimes they are misplaced, broken, um and we are
speaking 3 months back, so I'm not sure whether that one was there or
not.
Amy P: Alright. Thank you. I don't have any other
questions. Judge: Thank you miss Pascalletto. Mr. Dannells any
questions for Mr. Maygra on his redirect? Rue: um, just a little bit,
with concerning the temps, the freight crew PIC does the 4:00 am, Denise
would usually do the 8:00 or the 12:00 and then in the evening ah,
there could be um myself might do one, or James, or Len or Ronnie,
depending on who is the mid-shift's are so um there, there is more than
just 3 people that are able to do those temps. Judge: Do you have a
question Mr. Dannells for Mr. Maygra? Rue: I don't. Judge: Alright.
Thank you very much. Miss Pascalletto any closing argument? Amy P:
Yes, your honor. Judge: Go ahead. Amy P: um just this, that we'd like
you to take this into consideration: It is the employer's position
that the claimant was discharged for falsification of the temp logs, as
the employer stated this is an important duty, um for the employer
because they check these temp logs and they have to make sure that these
temperatures of meats and frozen food are at the right temperatures so
it doesn't affect the safety of the public. Um, we ask that you take
that into consideration and also in this case here um, the claimant is
stating that you know that there could be possibilities that other
people could be taking temps and stuff, but were not actually talking
about missing temps or that other people are taking these temperatures.
What the employer is stating is that the claimant had written off these
temperatures at all at closing time at 11:00 pm, with his signature as
the employer stated we have two witnesses that both state, one stated
that he saw missing temperatures and then he saw that they appeared at
the end of the shift and then we had another employer witness that is
stating that he watched the claimant and he saw that the claimant was
doing other duties, when he was supposed to be taking these temperatures
logs and that he had stated that he had taken, so we ask that you take
that into consideration when you are making your decision. Judge:
Thank you Miss Pascalletto. Mr. Dannells any closing argument?
Rue: um I do. if you'll look at the logs that were sent over by the
unemployment office that Fred Meyer sent and I don't know if they have
been admitted, some of the ones that I sent um you can see that there
are inconsistencies through out all the logs, where you're either
missing signatures or you’re um, missing the actual whole temping time.
There are some charts where the 4:00 and noon temps are missing
completely, um management knew that there were issues with the temp
charts, um, but they have chosen to um, discipline me for it, when I was
not the one responsible for making sure they made it into the binder.
That was Denise I believe. Um, there is a lot of evidence here um, that
shows there were problems with the temp charts throughout and that is
what I would like you to take into consideration. Judge: Thank you
very much Mr. Dannells and Miss Pascalletto as well for your
presentations here, and the testimony of Mr. Maygra and Mr. Tate and Mr.
Rollins. I will close the record and end the hearing. A written
decision will be issued in approximately 5 business days if you agree
with the decision there is no need to appeal, if you don't agree with
the decision then you may appeal. And the appeal timeline requirements
will be found in the written decision you receive, so please read
through it carefully. Any other questions? Mr. Dannells or Miss
Pascalletto before we end the hearing?
Amy P: No. Thank you.
Judge: Thank you. Rue: May I make a closing statement? Judge: Who
is that? Rue: Ah, Rue Dannells. Judge: Ah, you already did Mr.
Dannells. Rue: Ah, I thought I was adding more information. Judge: I
thought you were making a closing argument. I asked you for a closing
argument and that is what you gave Mr. Dannells. Rue: May I add
another one? Judge: No, the record is closed Mr. Dannells. You've made
your Arguments and the court feels the record is complete on all levels
here. The additional information here is not necessary, um the court
has sufficient information to make a accurate and a correct decision in
this case, and so I would like to close the record and that concludes
the hearing today. Any questions about the procedure or anything else
Mr. Dannells or Miss Pascalletto? Amy P: No thank you. Rue: No thank
you. Judge: Thank you all again very much and everyone have a nice day.
Amy P: Thank you.
My Hearing Notes 09-23-2014:
•
Daron said he received an email from Ron Tate on or about June 30th
explaining that there may be an issue with the temp charts and I was
involved, but Daron did not include this email in packet of exhibits
that was mailed for the hearing. I asked about this supposed email.
Daron didn’t know where It was now.
• The extra temp charts that I
submitted and faxed over for the unemployment hearing, that Fred Meyer
said they did not receive (though I had a successful send fax report)
were important because: They proved that there were issues with the
entire temp chart taking process and recording of those temps, from many
other associates, not just me. Here are some examples:
There are
temp charts missing entire temp taking time slots, like all the 4:00 pm
temps not taken. See pages 114, 118, 119, 120, 121, 122, 124, 125
missing 2, 126 and 127.
There are temp charts missing the initials of who took the temps. See pages: 116, 117, 118, 121, 125, and 128.
Some of the temp logs are not even dated. How do you know what log is for what day? See pages 128 and 129.
There are temps logs for days that I worked, but someone either did
SOME of the temp checks or ALL of the temp checks for the day. See
pages: 119, 122 entire day, 123 entire day, 126 entire day, 128 entire
day, 129 entire day.
There was no need to falsify temps. We didn’t get in trouble for not doing them.
No comments:
Post a Comment