00:01 - >>GOOD MORNING AND WELCOME TO

00:01 - COMMONWEALTH COURT THE

00:03 - HONORABLE JUDGE IS OF THE

00:04 - COMMONWEALTH COURT OF

00:04 - PENNSYLVANIA. OH YEAH, OH YEAH,

00:07 - OH YEAH,

00:08 - ALL PERSONS HAVING BUSINESS

00:09 - BEFORE THE COUPLE PENNSYLVANIA

00:11 - SHALL DRAW NEAR AND GIVE THEIR

00:12 - ATTENTION FOR THE COURT IS NOW

00:13 - SITTING. GOD SAVE THE

00:15 - COMMONWEALTH IN THIS HONORABLE

00:16 - COURT. THE HONORABLE PRESTON

00:18 - JUDGE MARY HAD 11 PRESIDING.

00:23 - >>AND WELCOME TO THE

00:24 - COMMONWEALTH COURT.

00:26 - >>ON FASHION.

00:30 - >>SHAE IS A LOT OF 15 MINUTES

00:33 - FOR ARGUMENT. THE APPELLANT IS

00:36 - PERMITTED

00:38 - REPAIR SOME OF

00:39 - THAT 15 MINUTES FOR REBUTTAL

00:41 - THERE IS NO SUCH OPPORTUNITY

00:44 - GIVEN TO THE APPLE II.

00:48 - WE HAVE READ THE BREEZE WE'RE

00:49 - READY TO GO. WE'RE

00:52 - GOING TO.

00:53 - >>MAKES.

00:55 - >>IT'S A LITTLE BIT AWKWARD

00:56 - OPERATING

00:58 - AND VIRTUAL TIME AND BETTER

01:01 - REAL TIME.

01:04 - >>I ASK FOR YOUR PATIENCE AND

01:06 - IF YOU SEE

01:07 - A JUDGE PUT UP A FINGER THAT

01:09 - PROBABLY TAKE NOTE THAT THE

01:11 - JUDGE WOULD LIKE YOU THAT I

01:12 - LIKE TO ASK

01:13 - YOUR QUESTION. I WOULD THAT WE

01:16 - CALL NUMBER 58 WHICH IS CITY

01:18 - OF ERIE. FIRST IS THE GENERAL

01:21 - CHANGE OR LOCAL UNION NUMBER

01:23 - 3.97.

01:27 - >>MAY IT PLEASE

01:28 - THE COURT. MY NAME IS ERNEST

01:30 - MOORE SAID HE AND I REPRESENT

01:31 - REAL TEAMSTERS LOCAL 307.

01:34 - I WOULD LIKE TO RESERVE 3

01:37 - TELLING I FOR REBUTTAL.

01:43 - THE HOTEL.

01:49 - IT FEELS LIKE TO

01:50 - SAY THAT.

01:51 - >>SHE THIS CASE. IS THAT

01:54 - THE ARBITRATOR CAN FIND

01:56 - HIMSELF. REASONS FOR

02:00 - THAT CHARGE THE STATE IN THE

02:02 - DISCHARGE LETTER.

02:03 - >>IN FACT OWNED THAT.

02:06 - >>THERE WAS NO GRAINS. THE

02:08 - TRUCK.

02:13 - BASED ON THE REASONS SET FORTH

02:14 - IN THE DISTRICT FIRE.

02:18 - COMMON PLEAS COURT IN THE COLD

02:20 - QUICK PANEL

02:22 - UNFORTUNATELY DEVIATED FROM

02:25 - DISCHARGE LETTER HAS SHOWN

02:26 - OTHER REASONS TO FIRE LIST.

02:29 - MISTER PERCH. AND THAT'S

02:32 - I WAITED THE NARROW SCOPE TO

02:34 - SHOW YOU ENTER AT OCEAN IS TO

02:37 - PROCESS RIGHTS. HE RETAINED BY

02:39 - THE CITY 14TH AMENDMENTS

02:41 - BECAUSE ATTENTION. HE WAS NOT

02:43 - GIVEN AN OPPORTUNITY TO RESPOND

02:45 - TO THOSE REASONS THAT THE

02:46 - COURTS DECIDED WAS THE BASIS

02:48 - FOR HIS DISCHARGE.

02:50 - HE WAS INITIALLY TOLD WHY HE

02:52 - WAS THEIR MONEY. HE WAS GIVEN A

02:54 - REAL HEARING. ID CITY

02:57 - OF DERRY. THE I JUST SAID E

03:00 - THIS I.

03:02 - >>AND LOOKING AT

03:03 - THE ART. TRADERS DECISIONS

03:06 - UNDER THE SECTION TITLED

03:07 - DECISION AND FINDINGS.

03:09 - IT IS A LITTLE CONFUSING WHAT

03:11 - THE ARBITRATOR SAYING AND YOU

03:13 - KEEP.

03:15 - >>YOUR POSITION IS THAT IT'S

03:17 - CLEAR WHAT HE SAYS HE SAID, BUT

03:19 - IF YOU LOOK AT THE ISSUES

03:21 - DECISION. SHE SAYS THAT HE WAS

03:23 - OR MAY NOT BE GETTING TO WORK

03:25 - NUMBER ONE AND FOR NOT

03:27 - PERSONALLY CONTACTING THIS

03:29 - CITY.

03:31 - FOR WHICH IS REASON BEING

03:32 - INCARCERATED ISN'T AN ADEQUATE

03:35 - EXCUSE SO IT'S REALLY TWOFOLD

03:37 - OF BOOKS NEAR MAYBE 3 FALL.

03:40 - AND I UNDERSTAND YOUR ARGUMENT

03:42 - YOU WANT US TO NOT LOOK AT THE

03:45 - ARBITRATORS LANGUAGE. IN THESE

03:48 - HE KNEW ABOUT THAT.

03:50 - RATHER IT ALMOST LIKE MORE HIS

03:52 - WHOLE IT'S TOO EARLY SHUN

03:54 - ABOUT. WHAT IS SHOULD CALL HIM

03:56 - BACK

03:56 - TO WORK. AFTER YOU SIGN WITH

03:59 - THE REUSING THEM FOR NEXT

04:00 - TUESDAY GOES WRONG ON THIS

04:01 - WITCH HUNT.

04:03 - I'M SURE HE MAKES A CONCLUSION

04:05 - THERE.

04:06 - BUT ISSUE ONLY YOUR ARGUMENT IS

04:09 - THAT THERE IS ONLY ONE

04:11 - RECEIVING AT EVERY CHANGE OF

04:12 - SOUND. WHERE

04:14 - THE TERMINATE NATION CAN YOU

04:16 - STATE WHAT YOU THINK THAT ONE

04:18 - REASON WAS. SO YOU'RE UNDER.

04:24 - SO THE HR DIRECTOR, THE PERSON

04:25 - WHO SENT THAT LETTER.

04:27 - >>TO THE GRIEVING. ADMITTED

04:30 - QUESTIONS AND THE NATION

04:31 - THAT SHE DIDN'T KNOW WHETHER

04:33 - SHE WOULD HAVE ALLOWED HIM TO

04:34 - COME BACK TO WORK BECAUSE SHE

04:35 - DIDN'T THE THAT THE THE

04:38 - DECISION TO SEND THAT LETTER TO

04:40 - THEY AGREE THAT. CAME FROM THE

04:43 - LEGAL DEPARTMENT. THE

04:45 - ARBITRATOR RELY. AND EXPRESSED

04:48 - IN HIS DECISION THAT IT IS

04:51 - WELL.

04:54 - DISCHARGE WAS BOGUS THE REASON.

04:58 - THEY SENT THE LETTER IN THE

04:59 - FIRST PLACE WHILE THE MAIN

05:01 - STILL IN DISCHARGE STATUS THEY

05:03 - HAD REINSTATED FROM THE START.

05:06 - THERE'S JUST A I WAIT TO

05:08 - TERMINATE HIS EMPLOYMENT.

05:11 - IT HE CAN YOU TELL ME WHAT WAS

05:14 - STATED IN THERE.

05:16 - >>CAN YOU TELL ME WHAT WHAT IS

05:17 - THE REASON.

05:19 - WHAT IS YOUR DECISION AS TO THE

05:20 - REASON THE ARBITRATOR FOUND

05:23 - THAT THE EMPLOYEE WAS

05:24 - TERMINATED. ENTERTAINERS STATED

05:27 - THAT.

05:29 - >>THE STATED REASON FOR HIS

05:31 - DISCHARGE WHICH ISN'T JUST

05:33 - RIGHT LEG. HE DID NOT GIVE AN

05:35 - ADEQUATE. YOU ADEQUATELY

05:37 - RESPOND OR AND DURING THE

05:38 - GRIEVANCE PROCEDURE, THE

05:39 - TESTIMONY WAS IN THE HISTORY AT

05:42 - YOUR INTEREST IN HEARING WHICH

05:43 - YOU DON'T HAVE BECAUSE YOU WERE

05:45 - PRESIDENT WAS

05:47 - THAT SHE DIDN'T RESPOND

05:48 - PERSONALLY BUT RATHER RESPONDED

05:50 - THROUGH HE IS

05:52 - YES ACTUAL ADEQUATE RESPONSE TO

05:56 - THIS MATTERS FOR DISCHARGE.

05:58 - >>OKAY BUT HOW DO WE WIN

06:00 - INTERPRET THE ARBITRATORS

06:01 - LANGUAGE.

06:03 - >>THAT THE GRIEVING WAS

06:05 - TERMINATED FOR NOT REPORTING

06:07 - TO WORK AND FOR NOT PERSONALLY

06:10 - CONTACTING THE CITY.

06:13 - IS IS IS THE ARBITRATOR NOT

06:14 - GIVING 2 REASONS DO NOT HAVE TO

06:16 - LOOK AT THOSE

06:18 - OR HIS. I THINK YOU JUST LOOK

06:21 - AT THE ONE REASON THAT HE

06:22 - DIDN'T

06:22 - QUITE REPORTS. YOU HEARD YOU

06:25 - HEARD THE SUPREME COURT HAS

06:26 - MADE VERY CLEAR THIS IS NOT

06:28 - NECESSARILY

06:29 - GET INTO.

06:30 - >>DON'T LET DEEPLY INTO THE

06:32 - ARBITRATORS ANALYSIS. THE

06:34 - ARBITRATOR. THESE ARE ALL SO IT

06:36 - NEEDS TO EXPLAIN.

06:40 - HE'S HIS REASON WAS NO JUST

06:43 - CAUSE FOR DISCHARGE, HE LOOKED

06:44 - AT THAT HE INDICATED.

06:49 - BASED ON GOOD NEWS AND IT'S

06:50 - GIVEN.

06:52 - IN HIS FINDING

06:53 - THAT THERE WAS NO JUST CAUSE

06:54 - FOR DISTRESS IS SUFFICIENT FOR

06:56 - THE COURT TO CONCLUDE.

06:58 - >>THAT.

07:05 - >>THEY WERE ACTUALLY THE RIGHT

07:06 - TO COLLECTIVE BARGAINING

07:07 - AGREEMENT IS NOT NECESSARY TO

07:08 - ANALYZE EVERY DETAIL IN IN OF

07:12 - THE AND

07:13 - IT WAS.

07:17 - >>SONG TO WRITE.

07:19 - >>THE LAW.

07:20 - >>HE COULD BE IN THE WORLD,

07:21 - IT'S STILL

07:22 - IT'S STILL DRIVE HIS S IS FROM

07:24 - THE COLLECTIVE BARGAINING AND

07:25 - THERE WE'RE NOT WE'RE NOT THIS

07:26 - IS NOT

07:28 - >>WE'VE BEEN DECISION

07:29 - ANALYSIS, MR. THIS IS A MASSIVE

07:32 - TEST REVIEW AND WHAT THE

07:35 - ARBITRATOR SAID THE REASON THAT

07:37 - CHARGE WAS DOOR.

07:39 - YOU KNOW WHETHER YOU MISSTATED

07:40 - THE LAW OR DID ANYTHING LIKE

07:42 - THAT THAT MY BEFORE.

07:44 - >>THAT'S CORRECT YOUR

07:46 - THAT'S CORRECT.

07:47 - >>AND DIDN'T THE ARBITRATOR

07:48 - HERE SAY THAT YOU KNOW THE CITY

07:50 - PRESENTED

07:51 - NO EVIDENCE OR REASON AS TO WHY

07:54 - COULDN'T HOLD THE POSITION OPEN

07:56 - AND AND DO IT AND LOOK AT THAT

07:58 - STATEMENT IS PART OF THAT WHOLE

08:00 - ANNOUNCES UNDER MILL CREEK 2.

08:02 - THIS COURT IS NOT OBLIGATED TO

08:04 - FOLLOW WITH WHETHER WE AGREE OR

08:06 - DISAGREE THAT THE CITY SHOULD

08:08 - HAVE HAD THE BURDEN OF PROVING.

08:10 - I THINK THE WHOLE PUNCH YOU

08:12 - KNOW I RESPECT THE SMITH THAT

08:14 - WAS JUST DICK DEATH. HE WAS

08:16 - JUST DISMISSING THAT AS

08:18 - SOMETHING THAT WAS WE RAISED

08:21 - THE FIRST TIME THAT THE

08:21 - ARBITRATION HEARING. HE WAS

08:23 - DISMISSING THAT IT WAS A

08:25 - STATEMENT THAT WAS MADE FOR THE

08:26 - FIRST TIME THAT THE

08:27 - ARBITRATION HEARING. IT WAS

08:29 - STATED WITHOUT ANY EVIDENCE

08:31 - WITHOUT ANY FACTUAL SUPPORT.

08:33 - HE WAS DISMISSED. HE DID NOT

08:35 - WAR.

08:36 - HE WAS PLAYING OUT THIS WAS A

08:38 - STATEMENT MADE WITHOUT ANY

08:39 - EVIDENCE TO BACK IT UP.

08:41 - >>SO WHAT IS

08:41 - BEFORE US IS WHETHER IN

08:44 - APPLYING THIS ESSENCE TEST.

08:46 - THE

08:46 - ARBITRATOR EXCEEDED. THE SCHOOL

08:49 - WENT BEYOND THE SCOPE OF THE

08:50 - CBA WHETHER HE CAN RATIONALLY

08:52 - DRIVE HIS OPINION THEY'RE FROM.

08:56 - HE HAD A NEW TRADITION TO THE

08:58 - CBA BY SAYING THAT

09:01 - WHICH IS WHAT THE TRIAL COURT

09:02 - SAID THAT HE HAD A NEW

09:03 - PROVISION THAT GREAT CITY TO

09:05 - HOLD OPEN. UNION POSITIONS

09:07 - INDEFINITELY.

09:09 - >>AND AFTER THAT HE DIDN'T RUN

09:11 - HE DID NOT ADD A NEW PROVISION

09:13 - THAT WAS PURE DEBT. WHEN DID

09:16 - YOU START PRESSING ANY ISSUE

09:18 - THAT WAS RAISED IN THE DISTRICT

09:20 - LETTER.

09:21 - THE DISTRICT. HE SAYS A LOT OF

09:23 - THINGS IN THE ARBITRATION AWARD

09:25 - THAT DOESN'T MEAN ANYTHING TO

09:26 - ME. 3 TRAPPED. THE

09:29 - CURRENT TRACK PROVIDES FOR JUST

09:30 - CAUSE

09:31 - FOR DISTRICT. THE ARBITRATOR

09:32 - VERY CLEARLY SAID THAT THE CITY

09:34 - DID NOT PROVE THE JEWISH

09:36 - QUESTION IS CHARGE A

09:37 - CHILLY PERCH THAT'S THE ISSUES

09:39 - FOR THE COURT DOES

09:41 - THAT DECISION. THERE WAS NO

09:43 - JUST CAUSE THE DISCHARGES KELLY

09:45 - CRUCIAL DRAW ITS MESSAGE FROM

09:47 - THE COLLECTIVE BARGAINING IS

09:48 - NOT NECESSARY TO ANALYZE

09:50 - EVERY SENTENCE IN THE

09:52 - COLLECTIVE IN THE ARBITRATION

09:53 - AWARD FUTURE LISTEN. I

09:55 - UNDERSTAND WHAT YOU'RE SAYING.

09:57 - >>THE DICTA THAT YOU'RE

09:58 - REFERRING TO HAPPENS TO BE LIKE

10:00 - HALF OF HIS SECTION UNDER

10:02 - DECISIONS IN FIGHTING TO GO

10:05 - INTO TOO MUCH DEBT AND EVEN

10:07 - ENDING WITH IT, BUT EVIDENCE OF

10:08 - JUST THE CASE IS WHY THE CITY

10:10 - COULD NOT HOLD.

10:12 - >>THINK EVEN STREET.

10:13 - POSITION IMAGE OPERATIONS ALL

10:16 - OF THAT SO

10:17 - HE DID SPEND AN AWFUL LOT OF

10:19 - TIME ON THAT ISSUE AS MR.

10:23 - >>OUR HEIDI I'M GOING TO ASK

10:25 - YOU IF IT.

10:28 - >>TO ADDRESS JUST BECAUSE POINT

10:30 - IN YOUR REBUTTAL BECAUSE WE'RE

10:32 - RUNNING YOU ARE RIGHT OUT OF

10:34 - YOUR FIRST.

10:35 - ARGUMENT TIME AND WE'LL HEAR

10:37 - NOW FROM MISTER OIL. THANK YOU

10:40 - KIM.

10:42 - >>THANK FIRST OF ALL I WOULD

10:45 - JUST LIKE TO.

10:46 - TAKE A SECOND TO SAY HOW

10:48 - HONORED I AM TO BE HERE TODAY

10:50 - AND HOPEFULLY NEXT TIME IT'LL

10:52 - BE IN PERSON HERE SPURT.

10:55 - THIS CASE HAS BEEN REMANDED

10:57 - BY THE SUPREME COURT ON THE

10:58 - BASIS OF ITS RECENT DECISION

11:00 - HAS AND DISCUSSED OR MILK

11:02 - IT TOO. THIS CASE IS REMANDED

11:04 - WITHOUT TRIVIA FACTS OF THIS

11:06 - CASE. NO CREEK DOES NOT CHANGE

11:08 - THE OUTCOME OF THE CASE.

11:10 - THAT'S MCALLISTER PRIOR

11:11 - DECISION TO HIS AUNT.

11:13 - MILLCREEK INVOLVED CONTRACT

11:15 - NEGOTIATIONS AND WORKERS ASKED

11:17 - FOR PROPOSALS DURING THE

11:19 - NEGOTIATION PROCESS.

11:22 - BECAUSE THERE WAS AN KNOW SOCK

11:23 - CONTRACTING PROVISION IN THE

11:25 - EXISTING COLLECTIVE BARGAINING

11:26 - AGREEMENT.

11:28 - ARBITRATOR FOUND. WE ARE HE WAS

11:31 - PART OF THE PROCESS OF AND

11:32 - TAKING US ON A CONTRACT AND SO

11:35 - WITHIN NOT KNOW SUBCONTRACT

11:37 - VISION.

11:39 - AGREED WITH THE OPERA TRAITOR

11:41 - AND FOUND THAT THAT REQUEST FOR

11:43 - BID WAS PART OF THIS DEFINITION

11:46 - OF WHICH THE NEW THE

11:49 - CURRENT 10 AND CONTRACTING

11:51 - VISION EXISTED IN THE CBA.

11:55 - >>YEAH IT'S ALL IT'S ALL DUE

11:56 - RESPECT COUNCIL I DISAGREE WITH

11:58 - YOUR INTERPRETATION THERE THERE

12:00 - IS NO OR FEW REFERENCE IN

12:02 - THE CBA AND I THINK THAT THE

12:05 - SUPREME COURT MADE A LITTLE

12:06 - BIT BROADER AS TO THE

12:09 - ARBITRATOR HAVING THE ABILITY

12:10 - TO LOOK AT THE PARTY'S HISTORY

12:12 - AND TO BRING THAT HISTORY INTO

12:15 - HIS ATTORNEY NOW SAYS IN

12:17 - DETERMINING WHAT THE REMEDY

12:18 - SHOULD BE IN INTERPRETING THE

12:20 - CONTRACT IS NOT THE PLACE OF

12:22 - THE COURT TO DO THAT EVEN IF IT

12:23 - IS ABSENT IN THE CONTRACT.

12:26 - I THINK IT'S A VERY BROAD

12:28 - RULING IN MILLCREEK TOO.

12:29 - BUT OTHERWISE I AGREE WITH HOW

12:31 - YOU RECITED

12:32 - THE FACTS.

12:33 - >>I THINK YOU KNOW I MIGHT I

12:34 - MIGHT I MIGHT SAY THAT I THINK

12:36 - JUDGE IN KOBE IS OFFERING A

12:38 - NARROW INTERPRETATION OF THE

12:39 - BROAD INTERPRETATION OF THE

12:40 - SUPREME COURT TOOK AN OAK CREEK

12:42 - I THINK IT'S PRETTY IMPORTANT

12:43 - MIDDLE CREEK.

12:44 - >>BASICALLY SAID COMMONWEALTH

12:46 - COURT TO STOP.

12:48 - STOP ARBITRATORS ADDING

12:50 - ADDITIONAL LANGUAGE AND YOU

12:54 - NEED TO ALLOW THE ARBITRATOR

12:55 - FLEXIBILITY WITH

12:56 - THE PARTIES TO TO TAKE WHAT IS

12:59 - IN THE AGREEMENT AND GIVE IT

13:02 - DEPTH AND BREATH.

13:03 - AND THIS IS JUST THE JUST CAUSE

13:05 - TERMINATION THERE'S

13:06 - NO QUESTION THAT THE ARBITRATOR

13:08 - HAD JURISDICTION OVER THERE'S

13:10 - NO QUESTION THAT WHAT THE ISSUE

13:11 - OF WHETHER EMPLOYERS TERMINATED

13:13 - THE EMPLOYEE FOR JUST CAUSE IT

13:15 - ENCOMPASSED WITHIN THE

13:17 - AGREEMENT. WHY ISN'T

13:19 - IT OVER MILL CREEK IN THAT IT

13:21 - IS NOT THE WE SHOULDN'T BE

13:24 - PARSING EXAMINING EVERY

13:25 - LITTLETON THE ARBITRATOR HAD

13:28 - JURISDICTION. THE ISSUE OF JUST

13:30 - CAUSE TERMINATION WAS

13:31 - ENCOMPASSED IN THERE AND THE

13:33 - ARBITRATOR RULED HE DIDN'T HAVE

13:35 - JUST CAUSE GAME OVER.

13:39 - >>YOUR HONOR I WOULD

13:40 - POINT OUT THE SUPREME COURT

13:43 - KIND OF MILL CREEK. IT'S

13:45 - HOLDING SOME NOT CY IN

13:47 - A PLEA AGREEMENTS MATTERS.

13:50 - I QUOTE CLAY DISCIPLINE

13:52 - GRIEVANCES BEAR LITTLE

13:53 - SIMILARITY TO THE PRESENT

13:54 - MATTER. SO I THINK IN COURT

13:57 - WAYS. I'M KEEPING THIS.

13:59 - THIS IS DECISION

14:01 - WITH RESPECT TO THE NEGOTIATION

14:03 - THE CBA PROCESS, YOUR HONOR.

14:05 - >>WELL I WANT TO YOU KNOW THAT

14:07 - I I.

14:09 - >>LEVI WAS MISINTERPRETED I DO

14:10 - BELIEVE THE SUPREME COURT HAS

14:12 - BROADLY GIVEN THE ARBITRATORS

14:15 - AUTHORITY AND THAT HOLD THIS UP

14:17 - COMMONWEALTH COURT HAND SAW THE

14:20 - ARBITRATOR HAS A LOT MORE

14:21 - AUTHORITY THAN YOU

14:22 - GIVING IN AND THEY HAS A

14:23 - BROADER THEY HAVE THE RIGHT TO

14:25 - HAVE A BROAD INTERPRETATION.

14:27 - SO MY CONCERN HERE IS ALSO THAT

14:29 - THIS IS JUST A BLACK LETTER

14:31 - JUST CAUSE PROVISION BECAUSE

14:33 - IT'S JUST THE BLACK LETTER JUST

14:35 - CAUSE PROVISION WHICH IS

14:36 - EVEN SIMPLER THEN THE FACTS.

14:43 - NO

14:43 - CREE ONE. HOW DO WE GET CREEK

14:47 - 2.

14:51 - >>WELL YOUR HONOR I HOPE THAT'S

14:52 - FINE HOW CAN WE FIND IN YOUR

14:54 - FAVOR BASED ON THE MANDATES OF

14:57 - NO CREE TOO.

14:59 - AND I DON'T THINK IT'S A

15:00 - CLICKABLE JUST TOO CONTRACT

15:03 - NEGOTIATIONS. WELL AGAIN

15:06 - SUPREME COURT.

15:07 - >>HER SOLD OUT THAT IT SHOULD

15:08 - NOT HAVE PLANS TO EMPLOY

15:10 - DISCREET GRIEVANCES, YOUR

15:11 - HONOR, THIS THANK YOU NEED TO

15:13 - LOOK AT THE CASES OUT OF SO THE

15:17 - ROCK.

15:20 - AND I

15:21 - JUST MCCOLLOUGH AND ROSE SHE

15:23 - MEDIA SCHOOL DISTRICT. I THINK

15:25 - BY JUDGE DRAWS

15:26 - BRONSON AND YOU BELIEVE HOW

15:29 - THAT THE ARBITRATOR. HE ADDED

15:33 - ADDITIONAL DUE PROCESS TO THE

15:35 - DECISION. BE THE

15:38 - ARBITRATOR'S DECISION ADDED TO.

15:42 - NOT ONE BUT

15:42 - 2 TERMS TO SEE IT'S JUST NOT IN

15:46 - TURKEY, A TO US. HE ADDED

15:49 - 2 TERMS. WHY THE CITY HAD

15:51 - TO HOLD AN IMPORTANT POSITION

15:54 - FOR AN INDEFINITE LIKE

15:55 - THE TIME AND TO DO WELL

15:58 - TONIGHT, PETER.

15:59 - >>BECAUSE I'M BELIEVE ME WHEN I

16:00 - READ THIS I READ THAT DECISION

16:02 - THAT I WROTE PREVIOUSLY ON THE

16:04 - ADDING TERMS.

16:06 - MY POINT ABOUT MILLCREEK YOU IS

16:08 - I THINK THE SUPREME COURT HAS

16:09 - CLEARLY SESSION COMMONWEALTH

16:11 - COURT WHAT YOU HAVE BEEN

16:12 - INTERPRETING IT ADDING TERMS.

16:14 - WE DON'T LIKE IT.

16:16 - IF YOU LOOK AT IT IN TERMS

16:19 - IS THE ARBITRATOR GIVING NEED

16:21 - OR STOPPED IN TERMS THAT ARE.

16:24 - ARE BROADLY WRITTEN IN THE

16:25 - ARBITRATION AGREEMENT AND YOU

16:26 - NEED TO GIVE THE ARBITRATOR.

16:28 - >>BILITY TO DO THAT

16:31 - IN TERMS OF THE ONE THING WHICH

16:32 - I KNOW THERE'S A LOT OF FOCUS

16:33 - ON HIS LANGUAGE ABOUT KEEPING

16:35 - THE JOB

16:36 - OPEN INDEFINITELY. IN FACT JUST

16:38 - THE RESULT OF

16:39 - THE AWARD IT'S NOT REALLY IT

16:42 - WOULD BE YOU KNOW IN OTHER

16:43 - WORDS IF YOU PUT THIS PERSON

16:44 - BACK YOU'RE SORT OF SAYING THAT

16:46 - THEY HAVE TO KEEP A JOB

16:47 - OPEN INDEFINITELY. I GOT SORT

16:50 - OF A RAMIFICATION OF THE OF

16:51 - PUTTING THEM BACK BUT BE THE

16:53 - FOCUS OF WHAT THE ARBITRATOR

16:54 - HEAR DID WAS SAY YOU DIDN'T

16:57 - HAVE JUST CAUSE TO TERMINATE

16:59 - PERIOD AND SHOULD THAT REALLY

17:01 - BE WHERE WE'RE FOCUSED ON NOT

17:03 - THE RESULT OF THE DETERMINATION

17:06 - THAT OR SPECIALLY THERE FOR THE

17:08 - COUNTY WOULD PAY

17:09 - THE CONSEQUENCES THAT IF YOU DO

17:11 - SAY WE DIDN'T HAVE JUST BECAUSE

17:13 - YOU'RE SAYING WE HAD TO KEEP IT

17:15 - OPEN INDEFINITELY THAT'S AN

17:16 - EXTRAPOLATION WHAT IS THE WHAT

17:19 - THE ARBITRATOR CLEARLY THAT IS

17:20 - EVEN HAVE JUST CALLED THE

17:21 - TERMINATOR PERIOD.

17:27 - >>PURCHASES I MEAN HE WAS I

17:30 - CAN'T COME BACK TO WORK.

17:32 - HE IS INCARCERATED.

17:34 - IF YOU

17:36 - IF YOU LOOK AT SECTION 700 AND

17:38 - THE CTA THERE

17:40 - ARE SPECIFIC REASONS REALLY

17:43 - ABSENCE.

17:45 - NOT RAISE CAN BE INTERPRETED OR

17:46 - EXTRAPOLATE IT TO INCLUDE

17:48 - INCARCERATION.

17:50 - >>I ARBITRATOR THE ARBITRATOR

17:53 - DID IN THE ARBITRATOR MAY BE

17:55 - RAW AND THE SUPREME COURT I

17:56 - THINK IT FOR 5 OR.

17:57 - >>10 TIMES IN OAK CREEK IS THAT

17:59 - THE ARBITRATOR MAY BE WRONG.

18:02 - AND WE'RE NOT HERE TO CORRECT.

18:06 - AN INCORRECT INTERPRETATION OF

18:08 - THE CBA.

18:09 - >>THE DEAL OF A CONTRACT.

18:13 - >>AND DIRECTION WHICH IS

18:14 - SOMETHING THAT CROSS TRADING

18:16 - FOR APPELLATE JUDGES BECAUSE WE

18:18 - DO THAT ALL THE TIME WE REVIEW

18:19 - CONTRACT BASIS AND WE DETERMINE

18:22 - WHETHER OR NOT.

18:23 - >>THE ADMINISTRATIVE AGENCY ON

18:25 - ONE HAND

18:28 - A COURT OF COMMON PLEAS ON THE

18:30 - OTHER HAND.

18:32 - PROPERLY COME THROUGH

18:34 - THE CONTRACT THAT OUTSIDE

18:36 - AN ARBITRATION.

18:38 - >>THERE ARE ANY WAY YOU CAN

18:39 - CONNECT WHAT THE ARBITRATOR

18:41 - DEAD THROUGH THE LANGUAGE OF

18:42 - THE CVA WE'RE AROUND OR NOT.

18:47 - >>I THINK THAT YOUR PUT YOUR.

18:51 - >>IF I COULD HEAR FROM MISS

18:52 - DOYLE CHEST.

18:54 - >>I'M SO NEAR YOU CUT OUT.

18:58 - I DIDN'T HEAR WHOLE QUESTION

18:59 - YOUR HONOR.

19:01 - >>ALL RIGHT

19:04 - I MEAN WHERE BROWN BY

19:08 - ARBITRATORS CONSTRUCTION OF THE

19:10 - BACK OF THE ACTS GIVE ME THE

19:13 - HELP I CAN ARE GETTING

19:14 - AGREEMENT AS LONG AS THERE ARE

19:15 - ANY LANGUAGE IN THE CBA THAT

19:18 - SUPPORTS THE AWARD AND THEY

19:20 - ROARED

19:20 - HERE WAS KOREAN DAY AN EMPLOYEE

19:23 - WHO WAS FOUND TO HAVE BEEN

19:25 - DEPTH CHART HER LAST JUST CAUSE

19:28 - AND JUST CAUSE AND IS IN THE

19:30 - CONTRACT IS IT NOT.

19:37 - >>I MEAN WE MAY BE VERY

19:38 - SYMPATHETIC WITH THE EMPLOYER

19:39 - DILEMMA HERE.

19:42 - >>THE ONLY ISSUE PRESENTED TO

19:44 - THE ARBITRATOR WAS.

19:49 - DISCHARGE FOR JUST CAUSE.

19:54 - >>IN THE

19:55 - JUST CAUSE THE HIS INABILITY TO

19:57 - RETURN TO WORK.

20:00 - THERE IS SPECIFIC.

20:02 - >>REASONS THAT HE CAN BE.

20:05 - WE CAN HOPE FOR A JOB OPEN.

20:07 - IT'S INCONCEIVABLE A COLLECTIVE

20:09 - BARGAINING AGREEMENT

20:10 - WOULD PROVIDE LEAVE HER VISION

20:11 - FOR INCARCERATION I DON'T THINK

20:13 - YOU CAN FIND ANY OF THAT

20:14 - LANGUAGE. IN THE CONTRACT.

20:17 - >>WHAT IF MISTER

20:18 - ARE SAUDIS POSITION IS IS

20:20 - ADOPTED OR CORRECT THAT THE

20:21 - ARBITRATOR ONLY MEANT TO SAY.

20:24 - >>THAT.

20:25 - >>HE WAS DISCHARGED BECAUSE OF

20:26 - HIS RESPONSE. HIS LACK

20:29 - OF RESPONSE. PERSONALLY.

20:31 - >>AND.

20:32 - >>THEY ARE SUCH A GOOD DEED

20:34 - LOOK AT THAT AND SAY

20:35 - THERE'S NOTHING IN THE

20:36 - CONTRACT. THAT SAYS THE UNION

20:38 - THERE'S NOTHING IN THE CBA FROM

20:39 - HITTING THE UNION FROM DOING

20:41 - IT. IT MISTER SAYS DECISION IS

20:44 - THAT THAT WAS REALLY THE ISSUE

20:46 - THAT WAS DONE REASON FOR

20:47 - TERMINATION.

20:49 - >>YOU YOU'RE GOING BEYOND IN

20:51 - SAYING IT WAS BECAUSE HE WAS

20:53 - INCARCERATED BUT I DON'T.

20:57 - A FINDING BY THE CHAIR THAT I'M

20:58 - NOT SURE I CAN.

21:03 - >>RESORT INTO THE FACTS ARE WE

21:05 - THEN BECOMING THE SUPER

21:06 - ARBITRATOR. RIDGE IS EXACTLY

21:08 - WHAT THE SUPREME COURT HAS

21:09 - MANDATED US NOT TO BE.

21:12 - AND I HEAR WHAT YOU'RE

21:13 - SAYING IF THE IF THE FACTS ARE

21:14 - CRITICAL AND I UNDERSTAND THE

21:16 - CITY'S POSITION. THE SUPREME

21:18 - COURT HAS MADE IT CLEAR THAT

21:19 - THEY DON'T WANT US TO GET INTO

21:20 - THE WEEDS.

21:23 - >>I DON'T THINK THESE

21:24 - PRIOR CASES ABOUT ADDING

21:26 - ADDITIONAL THE PROCESS OF BEING

21:27 - OVERRULED BY MILK CRATE.

21:32 - YOU'RE A LETTER INTO DRESSED

21:34 - COLLEGE. QUESTION. THE LETTER

21:37 - SAID THAT THE RESPONSE. HE WAS

21:40 - ABLE TO COME BACK TO WORK.

21:41 - IT WAS IN CONCOURSE A NATION

21:43 - WAS UNACCEPTABLE. SO THERE'S A

21:45 - COMBINATION OF REASONS THAT A

21:47 - LETTER I DON'T THINK HE CAN

21:48 - PARSE AND PARCEL OUT

21:50 - ONE REASON AND THEN SAY THERE'S

21:52 - NO JUST CAUSE BECAUSE HE DIDN'T

21:54 - PERSONALLY WILL WORK. YOU COULD

21:56 - COME BACK TO WORK.

21:57 - I'M

21:59 - DOWN.

22:00 - >>WE'RE GONNA CANNON HAD A

22:01 - QUESTION I KNOW SHE CAME HOME.

22:04 - >>YEAH, I WAS JUST A YEAH, THIS

22:07 - IS IT YOUR POSITION THAT

22:09 - EVEN THOUGH BILL

22:11 - CREATES INS TO YOU KNOW THIS IS

22:14 - IN THE ATHENS OF THE AND WE

22:17 - NEED TO.

22:18 - >>BYE BYE WITH THE ARBITRATOR'S

22:20 - DECISION WAS THAT THEY LEFT THE

22:21 - ROOM. THEY LEFT ROOM FOR I'M AN

22:24 - APPELLATE COURT OR TRY

22:26 - TO DETERMINE AND THE EVEN SO IT

22:29 - IS NOT A FEST

22:30 - THE REASONABLE AND EVEN SO IT

22:33 - IS A VIOLATION OF PUBLIC POLICY

22:35 - AT U.S..

22:40 - >>AND AGAIN I THINK MILLCREEK

22:42 - LEAVES OPEN A

22:44 - DIFFERENT ANALYSIS PLANE PLEA

22:47 - GREAT DISCIPLINE, GREAT

22:49 - MATTERS. I HONOR.

22:52 - I CAN ONLY I THINK IT IS

22:54 - FACTUALLY THE STATE.

22:57 - THIS CASE AND THE MILL CREEK

22:59 - CASE.

23:08 - TO FIND IN FAVOR REPELLENT

23:10 - WOULD CREATE STANDARD REQUIRING

23:13 - PUBLIC EMPLOYER

23:15 - ESTABLISHED THAT WOULD HURT SO

23:18 - ONLY EMPLOYEES DECISION THAT

23:20 - PLANE HAS BEEN INCARCERATED

23:22 - SINCE THEN HER CALL A STATE IN

23:24 - SLIPPERY ROCK OPINION. THIS

23:25 - IS GOING TO CREATE A SERIOUS

23:27 - LOOPHOLE AND WHAT BARTON GREEN

23:29 - MEN REALLY TIME PLAYERS HANDS

23:33 - NATION CASES. I DON'T THINK

23:35 - THIS THIS WHAT THE GOAL WAS IN

23:38 - MILL CREEK. I THINK IT'S

23:40 - ACTUALLY THE OIL AND THOUGHT I

23:42 - GOT ON THE ISSUE OF PRESS THAT

23:43 - WE SERVE ARE ALWAYS CONCERNED

23:45 - THAT OPINION THAT THE ISSUE AND

23:46 - HOW THEY'RE GOING TO FLOW, BUT

23:48 - IT SEEMS TO ME THAT.

23:50 - >>IT GETS EVEN

23:52 - MORE SO IN LIGHT OF MILL CREEK

23:54 - I THINK IT WAS A LOT OF A

23:55 - CERTAIN EXTENT BEFORE MILL

23:56 - CREEK BUT.

23:57 - IT'S BEEN A LEADER BUT RACIAL

23:59 - WORDS BECOMES TO A GENEROUS.

24:02 - EXACTLY UNDER THE FACTS

24:03 - OF THE CASE ANOTHER ARBITRATOR

24:06 - ON ANOTHER CONTRACT, SAME

24:07 - CONTRACT LANGUAGE COULD REACH

24:09 - COMPLETELY DIFFERENT RESULT AND

24:10 - WE WOULD HAVE FOR.

24:12 - >>WE

24:12 - WERE FROM I JUST MET OR

24:14 - DISMISSAL. WE WERE FROM

24:15 - REINSTATEMENT THAT KIND OF

24:17 - WHERE WE ARE SO IN TERMS OF

24:18 - CREATING PRECEDENT WHAT I'M NOT

24:21 - SURE WHAT KIND OF PROTESTS THAT

24:22 - WE'RE CREATING ANY MORE WITH

24:23 - REGARD TO ARBITRATION APPEALED

24:24 - IN LIGHT OF

24:25 - MILL CREEK. MAYBE YOU KNOW

24:27 - MAYBE THERE'S SOME ROOM FOR

24:28 - FLUSHING OUT THE PUBLIC POLICY

24:30 - EXCEPTION A LITTLE BIT THE

24:32 - COURT TRIED TO ADDRESS THAT IN

24:34 - MILLCREEK

24:36 - MEAN YOU DON'T HAVE A PUBLIC

24:38 - POLICY ARGUMENT ON APPEAL BY

24:41 - HER BUT I DON'T THINK I DON'T

24:43 - THINK

24:43 - ANY DECISIONS FIRMING

24:46 - ARBITRATION AWARD ANYMORE.

24:49 - HOW MUCH PRESIDENT ABOUT

24:51 - EVERYTHING THROUGH A GENEROUS.

24:57 - >>I ALSO HAVE A CONCERN WITH.

25:00 - >>HOW YOU PHRASE THE ISSUE IS

25:03 - DIFFERENT THEN. THE ISSUE FOR

25:05 - THE ARBITRATOR. AND I THINK

25:07 - BECAUSE IT IS A STANDARD JUST

25:09 - CAUSE ISSUE IT'S A LITTLE

25:12 - DIFFERENT

25:12 - THAN HOW YOU WOULD LIKE TO

25:14 - REPHRASE IT AND I UNDERSTAND

25:15 - THE BUSINESS ASPECT OF IT.

25:18 - BUT I THINK WE ARE REQUIRED TO

25:20 - GO BACK JUST SAYING IT'S A JUST

25:22 - CAUSE ISSUE. AND I THINK WE

25:25 - WOULD TAKE ACTION THEY DON'T

25:26 - THINK A PRIOR CASE LAW.

25:28 - IT'S GOING TO HELP US IN THIS

25:29 - PARTICULAR CASE BECAUSE EVERY

25:31 - CASES JUST BASED ON THE FACTS

25:33 - IN FRONT OF THE ARBITRATOR WAS

25:34 - REALLY HAVE HANDS OFTEN.

25:38 - >>I IF HE LOOK AT THE

25:40 - ARBITRATOR'S DECISION WHICH

25:43 - JUDGMENT CALLAWAY'S THE

25:45 - LANGUAGE WAS HOW I HOUSE,

25:48 - IT'S YOU. THE JUST CAUSE WAS.

25:51 - YOU COULDN'T COME BACK TO WORK.

25:54 - FOR AN INDEFINITE PERIOD TIME

25:55 - THAT'S WHAT WE ARE TRAITORS WAS

25:57 - I KNOW WE DON'T WANT TO GO INTO

25:58 - THE WEEDS.

26:01 - >>THAT WE'VE MISSED OR DIDN'T

26:02 - ARBITRATOR ALL SAY THE REASON

26:03 - WHY HE COULDN'T COME BACK TO

26:04 - WORK THE REASON WHY HE WAS

26:05 - INCARCERATED WAS BECAUSE HE GOT

26:07 - DRUG-ADDICTED BECAUSE YOU'RE

26:09 - QUIET FIRED AN IMPROPERLY THE

26:10 - LAST TIME.

26:12 - >>WELL THE ARBITRATOR WE'RE

26:14 - GOING TO GET INTO THE WE BOTH

26:15 - GET INTO THE WEEKEND.

26:17 - >>IRISH TRADERS SAID YOU

26:19 - MADE IT IN THE CLEAR THAT THE

26:20 - ONLY PERSON OR PERSONS

26:21 - RESPONSIBLE CREDENCE OR

26:23 - CHOICES, ILLEGAL BEHAVIOR AND

26:25 - CONDUCT WAS GRIEVING HIMSELF.

26:28 - SO HE DID NOT FAULT THE CITY.

26:31 - FOR HIM YOU KNOW SELLING

26:33 - AND MANUFACTURING.

26:37 - >>WELL I THINK THAT HE YOU KNOW

26:39 - JUDGE PROCESS PUERTO OF

26:42 - THE ARBITRATORS DISCUSSIONS AND

26:45 - FINDINGS HE DOES SAY BY NOT

26:46 - COMPLYING WITH THAT

26:47 - CREOLE AWARD RETURNING THE

26:49 - GRIEVING BACK TO WORK IN

26:50 - COMPLYING WITH THE BACK DOOR.

26:52 - SO DEARLY CONTRIBUTED TO SO.

26:55 - PROBLEMS I CANNOT SIT AROUND

26:59 - >>AT THE END OF YOUR ARGUMENT.

27:02 - WHEN YOU YOU'RE OUT OF TIME

27:04 - WOULD YOU LIKE TO MAKE HER

27:05 - CLOTHING FROM OUR EYE AND JUST

27:07 - TURN CLEAR YOU JUST AFTER THAT

27:11 - ON REMAND WE

27:13 - FROM HER WE REACHED THE

27:15 - SAME CONCLUSION.

27:17 - >>I GET IT, I'M OKAY AND IF YOU

27:19 - WOULD LIKE TO MAKE A CONCLUDING

27:21 - STATEMENT.

27:22 - >>THANK YOU

27:23 - YOUR HONOR. AGAIN I WOULD

27:26 - DISTINGUISH KNOW CREEK I THINK

27:27 - IT CERTAINLY DISTINGUISHABLE I

27:29 - THINK THAT THE COURT NEEDS TO

27:31 - LOOK AT AT

27:33 - CREATED.

27:35 - LANGUAGE THE ARBITRATORS

27:38 - REQUIRING THE CITY ESTABLISH A

27:40 - BURDEN OUR FRIENDSHIP.

27:42 - AND THIS IS CREATING ADDITIONAL

27:44 - DUE PROCESS AND

27:45 - THAT'S NOT CONTAINED IN THE

27:47 - LANGUAGE OF THE LEFT PARTY

27:48 - AGREEMENT THE EVEN LOOK AT THE

27:50 - LEAVES OF ABSENCES. I

27:52 - DON'T THINK.

27:53 - I GUESS WHAT I'M HOLDING THIS

27:54 - COURT WAY TO SUGGEST THAT WE'RE

27:56 - GOING TO HAVE TO PUT A LOT OF

27:58 - IT IS THE CLOCK WRITING DREAM

28:00 - AND PICK OKAY THIS IS NOT YOU

28:02 - KNOW WE'RE NOT GOING TO HOLD

28:03 - YOUR POSITION UP THERE ARE

28:05 - SAYING WE'RE NOT GOING TO GIVE

28:06 - US THAT AND THAT THAT'S NOT

28:08 - WHAT SCOTS CONTEMPLATED WITH IT

28:11 - WHEN THE PARTIES COME TO THE

28:11 - TABLE. I ASK THAT YOU ARE FROM

28:15 - THE DECISION HER HOME.

28:20 - >>IF YOU

28:20 - ARE TINY. YEAH I ASKED

28:24 - REFERRING THIS RADICAL.

28:27 - WHEN OVER HER WE'RE RUNNING OUT

28:29 - OF TIME AND SO I APOLOGIZE ALL

28:32 - RIGHT. I AM

28:33 - I JUST WANT TO PLAY THIS FOR

28:34 - THE APPLICABILITY OF THE

28:36 - SUPREME COURT DECISION IN OAK

28:37 - CREEK. I THINK THE

28:38 - SUPREME COURT WILL IT SOON

28:41 - AFTER THE BYE CREATING MY

28:44 - OFFICIAL TRAILER CLOUD BASED

28:46 - ON. NO BIG THEY REMAINED AT

28:49 - THE CASE BASED ON TOPICS I

28:51 - BELIEVE THAT THE COURT BELIEVES

28:52 - THAT THIS HAPPENED. AND MY

28:54 - SECOND POINT LET ME IS THAT.

29:02 - THIS PERSON IS CHARGED WITH US

29:03 - IS THE POINT OF COURSE THE

29:04 - NATION. I WASN'T BASED UPON.

29:11 - I'M NOT BEING ABLE TO HOLD THE

29:12 - JOB OPEN IF IT HAD BEEN MAYBE

29:15 - THERE WOULD HAVE BEEN A

29:15 - DIFFERENT RESULT. NORWICH AIR

29:17 - MAY REACH THE IT WAS ALL YES, A

29:20 - DIFFERENT REASON HAD BEEN GIVEN

29:22 - 4. HIS TERMINATION.

29:25 - BUT THE

29:26 - ARBITRATOR AS HE POINTS OUT IN

29:28 - HIS DECISION. HE'S THERE ARE

29:30 - REASONS WE'RE NOT GET HE POINTS

29:31 - OUT THAT IN THESE TYPES OF

29:33 - CASES OTHER PIPES. THESE OTHER

29:35 - REASONS. COURT.

29:38 - OFTEN GIVEN IN THESE TYPES

29:41 - OF SITUATIONS BUT WE'RE NOT IN

29:42 - THIS PARTICULAR CASE AND THAT'S

29:44 - WHERE. I THINK IT'S IMPORTANT

29:46 - THAT THE COURT. I

29:48 - DISTINGUISH BETWEEN THE ACTUAL

29:51 - DECISION THAT THE ARBITRATOR

29:52 - MADE THAT IS.

29:54 - THAT THERE WAS NO JUST CAUSE

29:55 - FOR DISCHARGE IN HIS DICK TO

29:58 - AND IT'S IMPORTANT THAT THE

29:58 - COURT. YOU KNOW NOT GETTING

30:00 - INTO THE EVES IN NOT EXAM SOME

30:03 - OF THE LANGUAGE USED THE THAT

30:05 - THE ARBITRATOR USED IN CARS.

30:07 - IT'S QUITE A BIT IT WAS A

30:08 - LENGTHY THIS AIMS SOMEWHAT LINK

30:10 - DECISION WHERE HE TALKS ABOUT

30:11 - OTHER THINGS BUT THE IMPORTANT

30:13 - POINT IS THAT THE 3 CONTESTS

30:15 - WAS MET. THIS IS THE BEST

30:18 - ISSUE ALSO WITHIN THE TERMS OF

30:20 - THE COLLECTIVE BARGAINING

30:21 - AGREEMENT THAT AS

30:23 - FAR AS SHE WAS ADDRESSED BY THE

30:25 - ARBITRATOR. IT WAS ADDRESSED.

30:28 - I THINK IT'S PROBABLY THE ONLY

30:30 - WAY IT COULD HAVE BEEN

30:30 - ADDRESSED.

30:33 - IT DOESN'T VIOLATE THE PUBLIC

30:34 - ALSO THREE-PRONGED TEST OR

30:36 - JUDICIAL DEFERENCE WAS MET.

30:39 - AND I RESPECTFULLY SUBMIT THAT

30:41 - CONSISTENT WITH.

30:45 - THE BILL COULD CUT THEM TO MILL

30:47 - CREEK TOWNSHIP CASE IN ALL

30:49 - SUPREME COURT.

30:56 - THEN THIS CASE AND MUST BE.

31:04 - ARBITRATION AWARD BE REINSTATED

31:05 - IN MR. HEARST THE UNITS JOB

31:07 - BACK.

31:10 - THANK YOU VERY MUCH. THEY

31:12 - INCLUDE STAR.

31:16 - >>58. THANK YOU BOTH VERY MUCH.

31:52 - WELCOME TO THE COMMONWEALTH

31:53 - COURT. THIS IS NUMBER

31:55 - 59. I WOULD JUST GOT AND

31:58 - THE PETITIONER IS THE

32:00 - EMPLOYMENT COMPENSATION BOARD

32:02 - OF REVIEW. THE TIDE HAS 15

32:05 - ARGUMENT OR 15 MINUTES

32:08 - OR B YOU.

32:13 - THE PETITIONER DESERVE AN MAIN

32:16 - RESERVE. SOME OF THE

32:18 - 15 MINUTES OR

32:19 - REBUTTAL AND WITH I WILL ASK

32:23 - MR.

32:27 - BUT HOW YOU

32:28 - SAY IT TO ARGUE ON BEHALF OF

32:31 - MR. UMMM THANK YOU.

32:34 - >>THANK YOU AND MAY IT PLEASE

32:35 - THE COURT ATTACHMENT AND LEGAL

32:37 - SERVICES REPRESENT A CLAIMANT

32:39 - AND THIS UNEMPLOYMENT

32:40 - COMPENSATION, YOU KNOW.

32:43 - THE REQUEST, THE BOARD DECISION

32:44 - BE REVERSED FOR 3 REASONS.

32:46 - FIRST AND THE TIME TO TIME IN

32:48 - ASIAN WOMEN HAVE ASKED ADEQUATE

32:51 - POINTS AND OR EMPLOYERS.

32:53 - ATTENTION SEE WHICH CALLED FOR

32:55 - 20 POINTS. IT WHO

32:57 - WORE A A TERMINATION.

33:02 - A FINAL WARNING THAT WAS ISSUED

33:04 - THEY'RE NOT I BELIEVE PLACE I'M

33:06 - IN ON NOTICE THAT HE COULD BE

33:07 - FIRED. OR A GOOD ONE.

33:11 - CURRENT UNDER THE ATTENDANCE

33:12 - POLICY

33:13 - AND 3RD AND ITS FINAL WANTING

33:16 - AND HE'S LIKE THIS OUGHT TO BE

33:17 - SUBJECT TO REVIEW.

33:22 - IT'S IMPORTANT TO NOTE THAT THE

33:23 - EMPLOYER'S POLICY THAT THE

33:25 - ATTENDANCE POLICY CALLED FOR A

33:27 - NATION AT 20 POINTS. AND IT'S

33:30 - HARD TO TERMINATION PAYMENT AT

33:32 - BEST AND 15 POINTS AND THAT'S

33:35 - AFTER THE THE FINAL INCIDENT.

33:37 - YOU'RE GOING TO GET TO

33:38 - THE POINTS AS IMPORTANT TO NOTE

33:40 - THAT THE EMPLOYER MAINTAINED 2

33:42 - DISTINCT AND SEPARATE

33:44 - AND HAPPY. ALL THE SEASON BUT

33:46 - DISCIPLINE. ONE WAS A

33:48 - PROGRESSIVE THIS MARY ALL A C.

33:50 - THE SECOND WAS IN ATTENDANCE

33:51 - POLICY AND THESE DOCUMENTS ARE

33:53 - ARE DISTINCT AND SEPARATE

33:55 - DOCUMENTS THEY NEED OUT.

33:57 - DISCIPLINE ON SEPARATE

33:59 - SCHEDULES. I DO NOT REFER TO

34:01 - EACH OTHER

34:02 - AT ALL IN THE DOCUMENTS PRETTY

34:04 - NO WAY FOR A METRO WORKER.

34:06 - WHEN FOR FROM THE DOCUMENTS

34:08 - THEMSELVES THAT THEY ARE TO BE

34:09 - READ TOGETHER AS

34:10 - THE BOARD RULED IN THIS

34:12 - DECISION.

34:14 - WITHOUT THE I THINK THE DEA

34:18 - POLICIES BEING READ TOGETHER.

34:19 - THE CLAIM IN THIS PIECE WILL

34:21 - NOT ENTER MONEY.

34:24 - WE WOULD LIKE TO SUGGEST THAT

34:26 - THE FINAL WARNING IN THIS CASE

34:30 - IS SUBJECT TO REVIEW.

34:32 - NOW THE ST. LOUIS FOR THE

34:33 - PROPOSITION THAT. PAST

34:37 - INCIDENTS.

34:38 - AN EMPLOYER CAN BE SOMETHING

34:40 - YOU'RE LOUIS WHAT HAPPENED WAS

34:42 - THE EMPLOYER TRY

34:43 - TO CHARACTERIZE. UPDATED JOB

34:46 - DESCRIPTION AS A

34:47 - WRITTEN WARNING. AND THE COURT

34:49 - REJECTED THAT NOTION AND WE

34:51 - THINK THAT'S APPROPRIATE HEARS

34:52 - WELL WERE WRITTEN WARNING IS

34:55 - IT'S HUGE. IT OUGHT TO BE

34:56 - SUBJECT TO REVIEW. DO NOT DO

34:59 - THAT IT

35:00 - IT THAT'S THE CLAIM FROM BEING

35:02 - A RAISE THEY COULD

35:03 - CAUSE ARGUMENT WHAT WOULD BE

35:05 - APPROPRIATE IN THE

35:06 - CIRCUMSTANCES.

35:09 - THERE'S ALSO A CATERPILLAR CASE

35:11 - WHICH

35:11 - THE COURT. I HELD THAT NOT ONLY

35:14 - THE RULES HAVE TO BE

35:15 - REASONABLE. SO TOO MUST THE

35:17 - EMPLOYERS. POLICIES ME

35:20 - IMPLEMENTED NOW APPLY. I'M IN A

35:23 - REASONABLE FASHION TO THE

35:26 - POINT THAT.

35:28 - >>WHEN THE UNION WAS TO WORK ON

35:30 - SEPTEMBER 7 THAT HE WAS

35:32 - ASSIGNED TO ANOTHER EMPLOYEES.

35:34 - >>ROUTE AND THAT THAT PREVIOUS

35:36 - EMPLOYER HAD IN HAVE ALL THE

35:38 - EQUIPMENT ON THE TRUCK

35:39 - AND THIS IS HIS SUPERVISOR IN

35:41 - THE CLAIMANT SUPERVISOR DIDN'T

35:43 - APPEAR TO BE BOTHERED.

35:45 - BUT THE WORK NOT BEING

35:45 - COMPLETED BY CLAIM THAT THE

35:47 - CLAIMANT WAS

35:48 - ULTIMATELY FOUND TO BE

35:49 - RESPONSIBLE AND FALL, BUT WHAT

35:51 - THE WORK THAT WAS NOT

35:52 - COMPLETED.

35:55 - >>YES, YOUR HONOR WHAT HAPPENED

35:56 - ON SEPTEMBER 7TH WAS THAT THE

35:59 - CLAIMANT

35:59 - HAD ALREADY WE'RE PARTY PERFORM

36:01 - HIS DUTIES AFTER FINISHED

36:02 - ANOTHER WORKERS. ROUTE THAT DAY

36:05 - AND SO HE JUMPED ANOTHER TRUCK,

36:06 - YOU KNOW WORKER'S TRUCK AND WE

36:08 - GOT TO WORK SENATE GETS THAT

36:09 - DON'T

36:09 - HAVE ADEQUATE. I MEAN I'M AND

36:12 - CLAIMED IT WAS NOT ABLE TO

36:14 - FINISH THE JOB. THIS REVISED

36:16 - PASSED AN S

36:17 - YOU COME IN THE NEXT DAY WHICH

36:19 - WAS GOING TO SATURDAY TO FINISH

36:20 - THE JOB. THEY CLAIM THAT

36:21 - RESPONDED THAT HE WAS

36:23 - UNAVAILABLE NEXT DAY. AND THE

36:26 - SUPERVISOR RESPONDED WE'LL TAKE

36:27 - CARE. THAT WAS THE END

36:30 - OF IT. THE

36:31 - PLANE WAS NOT SCHEDULED TO WORK

36:32 - THE NEXT DAY HE WAS NOT THE ON

36:34 - CALL DRIVE THE NEXT DAY.

36:36 - THEY CLAIM IT WAS AWARE THAT

36:37 - THERE'S ANOTHER DRIVER WAS ON

36:39 - CALL FOR THAT DAY. NEVERTHELESS

36:41 - AND WHEN IT SHOWED UP ALL I

36:42 - WORK DAY ON MAY HAVE BEEN FOR

36:44 - HIM. HE WAS SU AND EXTREME.

36:48 - VIOLATION AND A FINAL WARNING,

36:51 - EVEN THOUGH YOU'RE NOT

36:51 - SEEING THAT THAT NOT ON MERIT

36:54 - THAT LEVEL OF A REPRIMAND

36:56 - OTHERWISE. RATE THE

36:59 - EMPLOYER CHARACTERIZED.

37:01 - I THINK LEANS ACTIONS AS BEING

37:03 - A REFUSAL OF AN ASSIGNED JOB.

37:05 - AND WE WOULD SIGHT TO THE CASE

37:08 - IS THAT IT'S

37:08 - ABLE REFUSAL AND THE MAN HAVE

37:11 - TO BE ASSESSED FOR

37:12 - REASONABLENESS AND THE STATE WE

37:13 - WOULD

37:14 - SAY THAT IT WAS NEVER ACTUALLY

37:16 - AT THEM AND PLAN TO COME IN THE

37:17 - NEXT DAY BUT THAT IT WAS IF HE

37:19 - COULD COME IN THE NEXT DAY.

37:21 - AND IT CERTAINLY IN OTHER.

37:23 - >>ARE THERE ANY FINDINGS OF

37:24 - FACT.

37:26 - BASED ON THAT PARTICULAR

37:28 - INCIDENT THAT CONFIRMS WHAT

37:30 - YOU'RE SAYING ONE WAY OR THE

37:31 - OTHER.

37:32 - >>WELL THE RECORD IS PRETTY

37:34 - WELL DEVELOPED IN THAT AREA.

37:36 - BUT THE BOARD BEFORE YOU MAKE

37:38 - ANY FINDINGS OF FACT IN THAT

37:39 - AREA BECAUSE THEY HEY HOW ARE

37:41 - THEY RULED OUT.

37:43 - FINAL MORNING OF THE ACTIONS OF

37:45 - ONE OF THE REASON WHY IT WAS

37:46 - ISSUED. IT'S NOT SUBJECT TO

37:47 - REVIEW.

37:49 - >>BUT LET ME SHOW YOU HERE WE

37:51 - TAKE YOU REALLY

37:51 - IMPORTANT WHERE THERE'S A

37:54 - PROGRESSIVE DISCIPLINE POLICY.

37:57 - >>NOW ADD INFRACTIONS BUILD ON

38:00 - EACH OTHER SO THAT THE

38:05 - SUCH AS OCCURRED HERE WHICH WAS

38:06 - CHARACTERIZED AS A MINOR

38:08 - IN FASHION. THEN IF YOU DON'T

38:11 - LOOK BACK AND PROGRESSIVE

38:13 - DISCIPLINE WHEN ONE OF THE

38:14 - PROGRESSIVE DISCIPLINE POLICY

38:16 - IS AN ISSUE AND SICK YOU ARE

38:18 - CREDIT CAN AND THEN SLATE

38:20 - MAYBE THERE. THOSE CAN COUNT

38:22 - AGAINST SOMEONE AND SO YOU

38:25 - REALLY NEED TO CHECK TO SEE

38:26 - THOSE ISN'T THAT YOUR POSITION.

38:29 - >>IT IS YOUR WE SUBMIT THAT AND

38:31 - THE

38:31 - ABSENCE, OKAY. I KNOW AREN'T

38:34 - BEING 73 DEAL THAT COULD LEAD

38:35 - TO ABSURD RESULTS WERE VOTERS.

38:38 - ARBITRARILY METE OUT DISCIPLINE

38:40 - OR TOTALLY UNWARRANTED REASONS

38:42 - AND THE FOR

38:42 - THIS MOVIE. SO LONG AS A

38:44 - WARNING WAS ISSUED THAT'S ALL

38:46 - THEY WORRY ABOUT JUST THE ISSUE

38:47 - IS A WARNING REGARDLESS OF

38:48 - WHETHER WAS BASELESS OR NOT AND

38:50 - WE THINK THAT IS AT LEE

38:52 - AND STARE EVEN DATE IN A TERM

38:54 - LIMIT COMPENSATION ISN'T IT.

38:56 - THE PURPOSE OF THE ACTING

38:57 - REMEDIAL THERE'S NOTHING IN

38:59 - THE ACT OR IN THE AREA CODE

39:01 - WHICH SAYS THAT A FINAL WARNING

39:03 - CAN'T BE REVIEW.

39:04 - >>HOW FAR

39:05 - BACK WITH.

39:06 - >>ONE MIGHT NEED TO GO IN ORDER

39:08 - TO DO THIS PARTICULARLY HERE

39:10 - YOU HAVE A PROGRESSIVE

39:11 - DISCIPLINE POLICY WHERE PEOPLE

39:13 - IN CRUDE POINTS

39:14 - OVER YEARS. AND CLEAN INTO

39:18 - WAS TERMINATED WHO WANTS TO

39:21 - CHALLENGE ANY OF THOSE PREVIOUS

39:24 - WARNINGS OR ISSUANCE AND

39:27 - POINTS. THEY THINK OR

39:28 - UNWARRANTED. HOW FAR DO YOU GO.

39:33 - >>I DON'T FEEL IN THIS CASE.

39:35 - THE FINAL WARNING WAS THE

39:36 - PENULTIMATE. ISSUE WHICH WILL

39:39 - LEAD ULTIMATELY CONCLUDED

39:41 - UNAIDED WITH OUT WITHOUT THAT

39:43 - FINAL WARNING BEING ISSUED

39:44 - WE WOULD NOT BE HERE TODAY AND

39:46 - SO WE THINK ARE THE FACTS OF

39:47 - THIS CASE. FINAL MORNING IS

39:49 - CERTAINLY SUBJECT TO REVIEW.

39:52 - I KNOW THE COURT IS NOT IN

39:53 - OTHER CASES THAT GOING ALL

39:55 - THE WAY FOR EVERY INSTANCE MAY

39:57 - NOT BE.

39:59 - AND I UNDERSTAND THAT, BUT I

40:01 - THINK IT'S NOT UNREASONABLE

40:02 - REQUEST THAT AS WE GO BACK JUST

40:04 - ONE STEP.

40:06 - IF THAT BUT WITHOUT THAT ONE

40:07 - STEP WE WON'T BE HERE TODAY.

40:11 - WE TAKE A LONGER WIDE

40:12 - ANGLE LENS OF ROADS TO ANY

40:14 - INSTANCES ON AND ON ON THE

40:15 - CASES. I KNOW AND TRANSPORT

40:18 - OTTO RESIDENTS ARE REMINDED OUR

40:21 - CORE RATE. IT'S AN IMPORTANT

40:23 - DATA IN A ARENAS IS AT

40:25 - AN ACE. THIS THING WAS A BIT

40:27 - YOU'LL TARDINESS FROM

40:29 - OCCASIONAL PARTY.

40:32 - AND GILLESPIE THE UCB ARE THE

40:34 - COURT REMANDED BECAUSE

40:36 - THE E EMPLOYER MERELY US LINE

40:39 - POINTS TO IT AND EARNS OF

40:41 - TARDINESS ROUTE AND ISN'T

40:43 - THAT OUT AND IT'S HITTING WHAT

40:44 - KIND OF PERSON MISSED WORK AND

40:46 - OR BELIEF THAT WAS IMPORTANT

40:47 - UNDERSTAND

40:48 - WHY YES, WE'RE CAN OR WILL MISS

40:51 - A GREAT MAN WAS ASSOCIATED WITH

40:52 - THEM. SO WE THINK THE SAME KIND

40:54 - OF LOGIC THAT A QUITE A

40:55 - SITUATION LIKE THIS YOUR HONOR.

40:58 - >>SO YOU'RE NOT ASKING US TO

40:59 - ESTABLISH ANY HARD AND FAST

41:01 - BRIGHT-LINE RULE ON THE BACKS

41:04 - TO MAKE BUT IN THIS BUT BASED

41:06 - ON THE FACTS OF THIS CASE

41:08 - BECAUSE IT WAS A BUCK FOR

41:09 - SITUATION BUT FOR THAT.

41:12 - INCIDENT IN SEPTEMBER HE WOULD

41:14 - NOT HAVE BEEN TERMINATED.

41:16 - AND THERE HE DISPUTED IT.

41:18 - AT THE TIME THAT

41:19 - AND THERE WERE NO FINDINGS MADE

41:21 - BY THE COURT THAT ALL THAT

41:22 - TAKEN TOGETHER THE RECENT TO

41:24 - HAVE.

41:25 - SEND IT BACK TO THE BOARD NOW

41:27 - IS THAT WHAT YOU'RE ASKING TO

41:27 - HAVE TO MAKE A FINDING. WELL WE

41:30 - HOPE

41:31 - TO DO. WE I'M SORRY WE THINK

41:34 - THAT THE RECORD IS ABOUT ENOUGH

41:36 - AREA THAT THE COURT COULD MAKE

41:37 - A DECISION.

41:39 - >>THERE'S NO FINDINGS BY THE

41:40 - COURT AT THIS POINT. HOWEVER.

41:44 - THAT QUESTION I GUESS IS THAT

41:46 - THIS CASE

41:46 - IS THAT WITHOUT THERE BEING A

41:49 - FINAL WARNING WE WOULDN'T BE

41:50 - HERE TODAY SO WE WOULD SUGGEST

41:52 - THAT WILLING BE THAT. WHERE

41:55 - WHERE THE I WILL MISCONDUCT

41:57 - WITH A Q AND A ON A FINAL

41:59 - WARNING BEING ISSUED. AT I

42:02 - DON'T MORNING. MAYBE REVIEW ALL

42:04 - UNDER THE RIGHT CIRCUMSTANCE.

42:07 - >>SO HOW ARE

42:07 - YOU ARTICULATE THE PRINCIPLE OF

42:10 - LAW THAT IS LIKE THE COURT TO

42:11 - ESTABLISH WITH RESPECT TO THE

42:13 - FINAL WARNING CASES.

42:17 - >>THAT WEAR DOWN THE FINAL

42:18 - WARNING IS THE CENTRAL TO FIND

42:21 - IT WILL MISCONDUCT. IT OUGHT TO

42:23 - BE REPEALED.

42:27 - >>COUNCIL

42:29 - LOCAL COP MISCONDUCT HORIZON

42:31 - CIRCUS. THEY COULD BE TOTALLY

42:33 - INDEPENDENT OF THE POT

42:35 - O C. IF PROGRESS OF POLICY AND

42:37 - ALSO THE ATTENDANCE POLICY IN

42:39 - OTHER WORDS. OK MISS

42:41 - POTTER BY DEFINITION WOULD BE A

42:44 - VIOLATION OF ALL SEA, BUT IT

42:45 - COULD

42:45 - ALSO BE ACTION THAT'S TAKEN

42:47 - AGAINST YOU YOU CLEARER

42:49 - VIOLATION OF ANOTHER RULE

42:51 - AND IF IT IS A VIOLATION OF

42:53 - ANOTHER RULE WOULDN'T THAT

42:54 - WARNING THAT HAPPY BEING THE 2

42:56 - SHOULD HAVE BEEN IN AND A NEW

42:58 - RULE.

42:59 - >>UNDER THOSE CIRCUMSTANCES,

43:00 - YES, YOUR HONOR, BUT HE REALLY

43:01 - HAVE IS DETERMINING A FAN

43:04 - WAS HER ERNST

43:06 - WAS IT THE CLAIM THAT MISSED A

43:07 - MEETING OF REWORK MEETING.

43:09 - WHICH IS NEARLY WE THANK ALL

43:11 - THE ATTENDANT POLICY IN THE

43:12 - EMPLOYER HERE. IT MAINTAINED

43:14 - ITS AND ITS POLICY AND UNDER

43:16 - THAT KIND OF POLICY 24 POINTS

43:19 - REQUIRED TO JUSTIFY OR WARRANT.

43:21 - A NATION. ALSO THE PLAYER HERE

43:24 - ACTUALLY HAD

43:25 - POLICY WHAT THE REST THE

43:26 - SEPARATING OF THAT IT ELECTED

43:28 - NOT TO USE THAT POLICY AND IT

43:31 - SHOWS INSTEAD TO

43:33 - CLASSIFIED MISSING AND

43:35 - REWORK MEETING, LET'S SEE WHAT

43:37 - PAY FOR WOMEN AND FOR ANY

43:38 - ATTENDANCE, THOSE REALLY WORK

43:39 - RELATED.

43:41 - IT SHOWS SELECT DO NOT ALL THAT

43:44 - KIND OF POLICY THE SIGN

43:45 - AND UNDER A PROGRESSIVE THIS

43:47 - MAN POLICY WASN'T WHOLLY

43:48 - SEPARATE DOCUMENT. I DON'T

43:51 - THINK THAT'S WHAT WE HAVE HERE

43:51 - TODAY AND I AGREE WITH YOU ITS

43:53 - 3RD PLACE ON THE JURY FOR

43:54 - INSTANCE WHICH IS THE CASE THAT

43:56 - REPORT CITES 2. IN WHICH IT

43:59 - SENT NONBINDING INDIAN IN THAT

44:02 - CASE,

44:02 - THE CLAIMANT. A SERIES OF

44:05 - REALLY REGIS INCIDENTS

44:06 - INVOLVING THERE ARE NOW 700

44:09 - PRACTITIONER, NOT A FINALIST

44:11 - AND WAS WHERE CLAIMANT.

44:15 - YOUNG WITH A HEART AND MANAGE.

44:17 - HAITIAN AND OR SULLY TRY TO

44:19 - ADMINISTER MEDICATION AND THE

44:21 - BRUISING THE NATION AND I THINK

44:23 - WE WOULD ALL AGREE THAT THAT

44:24 - EVENT IN AND OF ITSELF WILL BE

44:25 - WHAT

44:26 - MISCONDUCT BEST. NOW WE HAVE AN

44:28 - AUTHENTIC TASTE OF THIS THINGS

44:29 - SIMPLE AROUND THE CASE AND ARE

44:31 - ON.

44:32 - >>YOU'RE SAYING AS LONG

44:33 - AS THE WEEK HAS RELATIVE TO ITS

44:35 - SUBJECT MATTER THAT WAS COVERED

44:36 - BY THE POLICY WE HAVE TO

44:38 - CONSIDER THE POLICY AND WE CAN

44:40 - CONSIDER THAT AS WELL.

44:44 - >>I UNDERSTAND A LOT OF

44:45 - QUESTION CORRECTLY

44:46 - HER HONOR. THE COURT IS ALWAYS

44:48 - FREE THERE WAS AN INCIDENT LIKE

44:49 - AND SHARE IT WHICH WAS CLEARLY

44:51 - A COURAGEOUS AND AND AGAINST

44:53 - THE INTERESTS OF EMPLOYER

44:55 - AT UNITY, EVEN IF THE POLICY

44:57 - CAN DIRECTLY ADDRESS IT.

44:58 - AT THIS COURSE RATE REVIEW THAT

45:00 - AS WELL SO IN THE END OF THE

45:02 - POLICY BUT THAT'S NOT ALL WE

45:03 - HAVE HERE WE HAVE A A

45:04 - SITUATION WHERE THE POLICY DID

45:07 - ADDRESS THIS

45:07 - SPECIFIC INSTANCE, AND THE

45:09 - EMPLOYER IN THE PORT ELECTED

45:11 - NOT TO LIKE THAT ALL THE SEA

45:13 - AND IT ALL.

45:15 - >>YOUR POINT KHALAF I THINK IS

45:16 - WE HAVE TO LOOK AT THE REASON

45:17 - FOR THE TERMINATION AND THE

45:19 - BOARD FOUND IS FACT THAT THEY

45:20 - WERE TERMINATED FOR VIOLATING

45:21 - THE PROGRESSIVE DISCIPLINE

45:22 - POLICY. SO WE DON'T LOOK AT

45:24 - ANYTHING OTHER THAN THE REASON

45:26 - FOR THE TERMINATION.

45:31 - >>I UNDERSTAND A QUESTION

45:32 - CORRECTLY THAT THE COURT DID

45:34 - FIND A VIOLATION OF THAT.

45:35 - THIS IS THE RIGHT POLICY WAS IT

45:37 - PLAY HERE. WE WOULD ASK THE

45:39 - COURT TO ACTUALLY LOOK AT THE

45:41 - EMPLOYER'S POLICY INSTITUTE AND

45:42 - A SEPARATE POLICY THAT AND GET

45:44 - REST THIS

45:45 - SEPARATING INCIDENT. AND OR

45:48 - ELECTED NOT TO USE IT UNDER THE

45:49 - GUISE THAT.

45:53 - GOING

45:53 - REVIEWING A. I DON'T WARNING IS

45:57 - A BRIDGE TOO FAR AND WOULD

45:58 - SUGGEST S.

46:01 - IT SHOULD BE UNDER IT ON IN A

46:03 - CIRCUMSTANCE LIKE THAT ARE WE.

46:08 - >>INNOCENCE SAYING THAT THE

46:10 - COURT SHOULD ORDER THE HIM.

46:12 - >>IN.

46:12 - >>CLAIMANTS SHOULD HAVE THE

46:13 - ABILITY TO TEST THE REASON THAT

46:16 - THE EMPLOYER PROVIDED.

46:22 - >>WELL IN THIS IN THIS

46:23 - INSTANCE. CLAIMANT

46:26 - WAS YES AND A FINAL WARNING

46:28 - THE ONLY THE ONLY WAY FOR HIM

46:30 - TO CHALLENGE THAT FINAL WORD

46:31 - TIME. IT'S A LITTLE LEE SCRATCH

46:33 - OFF THE WORD AGREE. I WASN'T

46:35 - AND WE TELL US AT

46:37 - THE TIME AND OR IT WAS A

46:39 - MEANINGLESS ACT AS WELL AND WE

46:41 - THINK IT OUGHT TO BE MEANINGFUL

46:42 - AND THEN A LAWYER DOES ISSUE OF

46:44 - A BASELESS. THAT'S OUR OPINION.

46:47 - IT IS A FINAL WARNING AND THAT

46:50 - THE PENALTY, THE ULTIMATE AND

46:51 - THEN THAT LED TO DETERMINATION

46:54 - THAT OUGHT TO BE SUBJECT TO

46:55 - REVIEW.

46:56 - >>THANKS JOE WHAT WAS THE

46:57 - STATED REASON FOR.

47:00 - >>BUT HARTMAN

47:00 - JUST CHARRED BROWN GOING TO THE

47:03 - MEETING OR WHETHER AND BY THE

47:05 - WAY YOU'RE UNDER A FINAL

47:07 - WARNING WITH THAT PART OF THE

47:08 - NOTICE.

47:10 - >>THAT THE TERMINATION NOTICE

47:11 - LISTED THE MISSING THE MEETING

47:13 - HAS BEEN AND THE SEPARATING

47:15 - INCIDENT.

47:20 - >>BUT WHAT THEY PUT THAT OUT

47:21 - WHY THAT WAS A SEPARATE

47:23 - INCIDENT, BUT SHE WOULD BOTH

47:24 - THE QUEEN WAS FIRED FOR

47:25 - VIOLATING THE PROGRESSIVE

47:26 - DISCIPLINE POLICY.

47:31 - >>YES, THAT'S HOW THE EMPLOYER

47:32 - AND THE BOARD RIGHT. INVENT

47:35 - YES.

47:37 - >>SO THE QUESTION IS IN YOUR

47:38 - POINT.

47:40 - WHETHER SHE WAS LATE FOR THE

47:41 - MEETING OR NOT

47:43 - THE TERMINATION WAS DUE

47:44 - THE PROGRESSIVE DISCIPLINE

47:45 - POLICY AND YOU YOUR CLIENT

47:48 - SHOULD BE ABLE TO EXAMINE AT

47:50 - LEAST ONE INCIDENT BACK TO BE

47:53 - WHETHER THAT WAS WILLFUL

47:54 - MISCONDUCT.

48:03 - >>AFTER THAT

48:05 - >>YOU DID NOT RESERVE ANY TIME

48:06 - FOR REBUTTAL.

48:08 - >>DO YOU WISH FOR A BOTTLE.

48:12 - AT 13 MINUTES.

48:18 - >>ALL RIGHT,

48:19 - I'M SORRY.

48:20 - I'M SORRY I'M A REQUEST ONE

48:22 - MINUTE REBUTTAL AND YOU.

48:23 - >>ALL RIGHT. AND WE WELL.

48:27 - >>GO MISS WOOD.

48:31 - >>MAY IT PLEASE

48:31 - THE COURT CAN DENISE WOULD

48:33 - REPRESENT THE UNEMPLOYMENT

48:34 - COMPENSATION BOARD REVIEWING

48:36 - THIS MATTER AND THIS MATTER THE

48:38 - PLAN IT WAS DISCHARGED FOR

48:39 - WILLFUL MISCONDUCT.

48:41 - IF YOU'RE GOING TO CLAIM THAT

48:43 - BECAUSE HE FINALLY AGGRESSIVE

48:44 - THIS POLICY COULD POINTS LEADER

48:47 - ITS ATTENDANCE POLICY. IT WOULD

48:48 - BE TO START FOR

48:49 - ANOTHER STUDENT. DESPITE THE

48:51 - NOTICES, INCLUDING LESS IN

48:53 - JEOPARDY PLANTS I

48:56 - JUST REACTED TOOK THE MAN INTO

48:57 - THE MEETING CLAIMANTS LIVER

48:59 - FAILURE TO ATTEND THAT MADE IT

49:01 - 20 LOCAL MISCONDUCT. CLAIMING

49:04 - TO BE TRUE THAT YOU GET THAT

49:05 - CALLS FOR A STATE WITH 10

49:06 - MINUTES REMAINING IN FACT HE

49:08 - DOESN'T SEEM TO

49:08 - TRY TO HE TOLD HIS SUPERVISORS

49:11 - FORGOT ABOUT IT

49:11 - HE OVERSLEPT SO PAGE 10 OF THEM

49:14 - THAT TREND MEETING WAS NOT IN

49:16 - ORANGE IS DIRECTED TO ATTEND

49:17 - IT NOT. ALSO GIVES HE WOULD LET

49:21 - LET'S PLAY WHAT IF YOU DO IT

49:22 - THEY WE AGREE WITH YOU, LET'S

49:24 - SAY.

49:25 - >>THAT EVENT GOING TO HIT THE

49:28 - MEETING WAS WILLFUL MISCONDUCT.

49:30 - BUT IN THE FIRE. THE CLAIMANT

49:32 - FOR THAT EVENT HE FIRED THE

49:33 - CLAIMANT FOR

49:34 - AND VIOLATING THE PROGRESSIVE

49:38 - DISCIPLINE POLICY DIRECTOR.

49:42 - >>YEAH SO SO THEN THE

49:44 - QUESTION BECOMES IF YOUR FIRE

49:46 - FOR THE PROGRESSIVE DISCIPLINE

49:47 - POLICY SHOULDN'T BE EMPLOYEE

49:49 - HAVE THE ABILITY.

49:51 - >>TO CHALLENGE. THE WHAT YOU

49:54 - WOULD HAVE TO PROVE

49:55 - WHICH IS I GET THAT QUESTION

49:58 - WHO HAS THE BURDEN OF PROOF DO

49:59 - YOU HAVE THE BURDEN OF PROVING

50:01 - EVERY INCIDENT THAT

50:03 - LED UP TO THE ACCUMULATION

50:06 - OF POINTS OR DO YOU SIMPLY HAVE

50:08 - TO PROVE THE LAST INCIDENT.

50:12 - >>IF I MAY THIS

50:13 - WAS AN ACCUMULATION OF POINTS

50:15 - THIS WAS A VIOLATION REST OF

50:17 - DISTANT POLICY

50:17 - IN FACT, IT CLEARS THE SHORT

50:19 - SIDE DOESN'T EVEN MENTION IT AS

50:21 - I SEE ONLY THE FACT THAT HE

50:22 - DIDN'T I THINK DIRECTIVE.

50:24 - AND NO I DON'T WANT TO WHAT

50:26 - DIRECTION. TO ATTEND A

50:28 - MANDATORY MEETING.

50:31 - >>I THOUGHT THAT I THOUGHT THE

50:32 - FIRING HERE WAS BECAUSE THE

50:34 - WILLFUL MISCONDUCT WITH A

50:35 - VIOLATION OF

50:35 - PROGRESSIVE POLITICS.

50:37 - >>WHICH WAS PAID TO ATTEND THE

50:39 - MEDITERRANEAN, IT'S A MINOR

50:40 - OFFENSE AND PROGRESSIVE POLICY

50:42 - TO DO THAT

50:43 - AND ALSO THE HR SE THAT

50:45 - PRESENTING TO TESTIFY THE

50:47 - ATTENDANCE POLICY AND AND GUYS

50:49 - IT'S LIKE EACH OTHER, BUT.

50:51 - TRIMMING THE VET WITH THE

50:53 - COUNTY TO ATTEND

50:53 - THAT MEETING.

50:54 - >>IT'S NOT JUST WHAT I

50:55 - UNDERSTAND AND I'M ASKING YOU

50:57 - TO SORT OF A DIFFERENT

50:57 - QUESTION.

51:00 - SO IF THERE IS A FIRING BECAUSE

51:02 - THE PROGRESSIVE DISCIPLINE AND

51:03 - POLICY AND IT ALL THERE'S A

51:05 - LAUGH INCIDENT TO GET YOU TO

51:06 - THE POINT THAT YOU HAVE.

51:08 - >>YOU REALLY HAVE ABSOLUTELY NO

51:09 - TO TRANSPORT. YEAH I WAS LATE.

51:12 - I'M HOME AND THAT GIVES ME THAT

51:15 - ACCORDING TO THE EMPLOYERS GIVE

51:16 - ME 20 POINT TO MANY PEOPLE ARE

51:17 - CAN FIRE ME

51:19 - OTHERWISE IT'S A MINOR OFFENSE

51:20 - THAT MIGHT GET A PENSION.

51:22 - DOES THE EMPLOYER IF THE REASON

51:24 - FOR TERMINATING A PROGRESSIVE

51:25 - DISCIPLINE POLICY HAVE HEARD OF

51:27 - SHOWING THAT EVERY INCIDENT

51:29 - THAT CAUSED THE ACCUMULATION OF

51:31 - THE POINT WAS WELCOME TO

51:33 - CONTACT THEM OR MAYBE EVEN NOT

51:36 - THAT JUST OCCURRED.

51:38 - >>NO YOUR HONOR THAT WOULD BE

51:39 - UNWORKABLE FOR THE FRIENDLY

51:41 - COMPETITION SYSTEM IN ALSO.

51:44 - THE BOARD THE CAN YOU JUST

51:47 - ADDRESS AND HOW IS THAT GOING

51:48 - TO BE UNWORKABLE I MEAN THE.

51:50 - >>NOT ONLY DOES THE EMPLOYER TO

51:52 - AN EMPLOYMENT

51:52 - AGENCY EMPLOYEE. AND IT COMES

51:55 - OUT OF THIS PICNIC SO WHY

51:56 - WOULDN'T.

51:58 - I WAS GOING TO BE ON WORK OF

51:59 - WHAT IT'S LIKE TO BE AT

52:00 - YOUR BEST.

52:02 - >>CONSIDER YOUR HONOR, THE FACT

52:03 - THAT WE HAVE NOT GOING TO OFFER

52:04 - THESE MEETINGS THERE'S

52:05 - NO DISCOVERY. THEY'RE VERY

52:08 - QUICKLY WANT TO BE ABLE TO PAY

52:09 - PEOPLE THERE ARE BENEFITS OR

52:11 - TELL YOU WHAT THEY'RE NOT

52:12 - LIABLE TO

52:15 - >>HERE WE SAW ONE MINUTE, I

52:16 - MEAN THE PURPOSE OF

52:19 - THE STATUTE. WE DIDN'T MANAGE

52:21 - AREA PURPOSE AS OPPOSED TO

52:23 - WE'VE ONLY A LOT OF IT. WELL

52:26 - MINUTES WE'RE HEARING.

52:28 - >>NO YOUR HONOR BUT THE FACT

52:30 - THAT YOU'RE ADDING THAT MUCH

52:31 - MORE OF A BIRD TO THE EMPLOYER

52:32 - THAT MUCH MORE EVIDENCE THAT

52:34 - MANY MORE WITNESSES THAT MUCH

52:35 - MORE TIME TO DEAL WITH IT.

52:37 - >>WELL MY LAWYER HAS TREATED

52:38 - ITS STORY INCORRECTLY SHOULDN'T

52:40 - WE TAKE THE TIME TO YOU THAT.

52:45 - THE FACT THAT HE WAS MORE

52:46 - PROGRESSIVE JUST IN TIME SO

52:47 - I SPENT.

52:48 - >>AND RICHARD AND OTHER CASE ON

52:51 - ISSUE A WARNING IGNORED THE

52:53 - WARNING

52:53 - AND THEN IN CRIME AND STUDENT

52:56 - THE FACT THAT HE WAS BORN

52:57 - EXPRESS RELEVANT

52:58 - HERE NOT WHAT PROMPTED THE

53:03 - QUESTION.

53:04 - >>THE EMPLOYER DOES THE FACTS

53:06 - ARE ACCURATE AND THAT HE WAS

53:08 - NOT THE CORRECT AMOUNT OF

53:10 - POINTS BECAUSE HE WAS TREATED

53:11 - UNFAIRLY CAN RELATE. HE WANTS

53:14 - A DRESS. HE ADMITS TO SLEEPING

53:17 - THROUGH THAT'S A NON-ISSUE.

53:20 - BUT HOW WE GOT TO THE

53:21 - PROGRESSIVE DISCIPLINE.

53:23 - ALLEGEDLY MEETING THE CORRECT

53:24 - NUMBER OF POINTS. WHAT IS IN

53:26 - DISPUTE. AND I DON'T UNDERSTAND

53:28 - IS THE CASE. WE'RE ONLY

53:30 - DECIDING

53:31 - THIS CASE. WHY CAN'T BE RIGHT

53:34 - BECOMES A NIGHTMARE FOR THE

53:35 - BOARD OR

53:36 - THE EMPLOYER.

53:37 - >>HE'S SITTING ON THE SONY GOES

53:39 - BACK TO SEPTEMBER THAT'S WHEN

53:40 - DEFYING WARNINGS GIVEN AND THEN

53:42 - NOVEMBER IS WHEN HE

53:43 - WAS FIRED. BUT IT ISN'T BACK

53:44 - HERE TO THAT SPECULATIVE.

53:46 - BUT THAT'S CERTAINLY NOT IT'S

53:48 - WITHIN THE REALM OF POSSIBILITY

53:49 - AND ALSO THE FACT THAT THIS

53:51 - EMPLOYEE WAS OR IS

53:52 - THAT ISSUE. HE SAID GIVE ME

53:56 - WHAT WAS HE WARNED. WHAT DOES

53:58 - THE

53:58 - WARNING TRACK.

54:00 - >>IT IS THAT IF YOU'RE LATE FOR

54:01 - WORK IF IF YOUR YOUR APARTMENT

54:04 - TIME.

54:05 - >>CRASH. YOU'RE AT YOUR DESK IS

54:07 - FIRED ON THE WAR.

54:10 - FINALLY AND THIS IS TREY IT IN

54:12 - THE RECORD.

54:13 - >>YES, IT'S IN THE RECORD SAID

54:14 - THAT ANOTHER STUDENT WOULD LEAD

54:15 - TO HIS TERMINATION AND IN FACT

54:17 - THE WE CAN IN THAT WHAT IS AND

54:20 - WHAT IF YOU KNOW, SO YOU DON'T

54:22 - GROW TO THE OFFICE PARTIES AND

54:24 - THAT AN INCIDENT.

54:26 - I THINK YOU DON'T LOOK AT THE

54:27 - SEPARATELY IF YOU DO YOU GET

54:29 - DISCHARGE FOR EACH ONE.

54:31 - >>IT'S A

54:31 - CUMULATIVE WELL.

54:32 - >>MY PROBLEM IS THAT YOU'RE

54:34 - PAYING A WARNING EVERY EMPLOYER

54:38 - WANT TO AVOID.

54:39 - >>AND ON EMPLOYMENT CLAIM FOR

54:42 - COMPENSATION.

54:43 - >>ISSUES A WARNING.

54:45 - >>WHETHER IT IS OUR HOT.

54:48 - >>THAT THAT WERE FIRST TO A

54:50 - QUOTE ANOTHER INCIDENT AND THEN

54:53 - AND.

54:54 - >>WHAT THE EMPLOYER 100 TO THE

54:56 - OTHER BOARDS IN

54:58 - THE NECK, BECOME THE BASIS FOR

55:00 - GETTING US

55:00 - SOCCER UNEMPLOYMENT AND

55:02 - REMEMBER EMPLOYERS CAN FIRE FOR

55:04 - ANY REASON OR NO REASON TO LIKE

55:06 - ARE BOUND BY A UNION CONTRACT.

55:09 - WELL OUR QUESTION IS

55:10 - WHETHER THIS.

55:14 - EMPLOYEE WHOSE DISCHARGES

55:16 - IS ELIGIBLE FOR COMPENSATION

55:19 - BENEFITS.

55:21 - TOTALLY 2 INQUIRIES.

55:25 - BUT DO I

55:26 - UNDERSTAND YOUR POSITION THAT A

55:27 - FINAL WARNING FOR AN END TO

55:29 - THAT IS.

55:31 - IT HER BEST DISPOSITIVE.

55:35 - >>I THINK IT IS HERE BECAUSE HE

55:36 - IGNORED IT.

55:39 - IT

55:39 - ONLY BEEN THEM AN ETERNITY YOU

55:41 - HAVE BEEN DISCHARGED I AGREE

55:42 - WITH THAT IN FACT THAT'S THE

55:43 - COURT SAID THAT MORE OR LESS

55:45 - BUT THE THAT'S A DISTANT POLICY

55:47 - THE WHOLE POINT THAT IT BUILDS

55:49 - ON ITSELF THAT SEAT, THE PLAY

55:51 - IS WHAT DID EACH STEP IF HE

55:54 - DOES BUT AGAIN IT WILL BE

55:56 - CONSEQUENCES.

55:59 - WHAT DOES THIS

55:59 - THEM SAWYER BUT I WOULD THINK

56:01 - THE SPARTANS FIRST TIME WHY

56:03 - THIS WOULD BE BOY WE DON'T HAVE

56:06 - THE RIGHT TO DO THAT IF THE

56:07 - EMPLOYER WANTS TO AVOID.

56:09 - >>HAVING AN EMPLOYEE A RAISE.

56:12 - THEN IT'S ON THE EMPLOYERS TO

56:13 - MAKE SURE ITS POLICIES ARE

56:15 - CLEAR AND RAISE EVERYTHING OUT

56:17 - OF ME CLAIMING THERE'S NO LE TO

56:20 - DO THAT

56:21 - AND HERE THE CLAIMING ALREADY

56:22 - AND RAISE THE DECK TO

56:24 - OBJECTIONS TO THE PROGRESSIVE

56:25 - DISCIPLINE YOU WANT

56:27 - AND THEN THERE WAS A CLARITY AS

56:29 - YOU THOUGHT IT WAS GOING TO

56:30 - TAKE FOR HIM TO GET FIRED.

56:34 - WITH RESPECT YOUR HONOR I

56:35 - THINK CLOSE OUT THE WEEK BEFORE

56:37 - THE MENTORING HE WAS TOLD HE

56:39 - WASN'T ON TIME FOR MEETINGS IN

56:40 - THE FUTURE THAT HE IS.

56:41 - >>AND WHEN THAT WOULD BE

56:42 - IN JEOPARDY. HE DIDN'T GO

56:44 - OVERSLEPT AND HE FORGOT.

56:47 - I MEAN POISON HERE AT THIS

56:51 - POINT SIMPLY

56:51 - DIDN'T OTHER.

56:52 - >>WELL I THINK IT'S THE ISSUE

56:54 - OF SCHOOL THIS IS LIKE YOU CAN

56:57 - TERMINATE EMPLOYEES OR YOU KNOW

56:59 - FLYING WITH.

57:02 - POLICIES

57:03 - OR DICTATES BUT IN THIS SO

57:06 - THESE FACTS. BEING GIVEN

57:08 - THE AIR TO WHICH INJECT INTO

57:11 - WHICH

57:11 - HE DOES FROST OUT THAT I BE

57:14 - LIKE YOU KNOW WE REALLY COMES

57:15 - IN

57:15 - AND SAYS I AGREE I UNDERSTAND

57:18 - HE CROSSED, YEAH THERE'S

57:19 - NOTHING ELSE HE COULD DO.

57:21 - AT THAT POINT AND

57:23 - THAT VERY INCIDENT BECAME THE

57:26 - BASIS FOR HIM

57:28 - TO BE CHAIRMAN FOR WHAT IS A

57:29 - MINOR OFFENSE. WHICH IF YOU

57:32 - WILL AND IT ENDED POLICIES WILL

57:34 - HAVE

57:34 - THE POINTS. IT IS A MINOR

57:36 - OFFENSE AND IT SUGGESTED

57:38 - PROGRESSIVE DISCIPLINE IN ME

57:40 - BECAUSE IT.

57:41 - THOSE HELP US SORT OF ABILITY

57:44 - SITTING BOY TOO.

57:49 - PLANE THAT MADE

57:50 - AGAINST THEM.

57:51 - SO IT DID NOT HAVE IT HERE AND

57:53 - SO THE IDEA IS WHITE LET'S SEND

57:55 - IT BACK TO THE OR YOU CAN FIND.

57:58 - AND THAT IF SHE IF THAT'S OR

58:00 - WHICH I'M SURE.

58:02 - >>BECAUSE IT CREATES A BURDEN

58:04 - YOUR HONOR

58:04 - ON BOTH THE LORD FOR ANY

58:07 - EMPLOYEE IF YOU GO BACK.

58:10 - IT SHOULD BE WILLING TO SAYS

58:11 - THAT EACH FIRE INCIDENTS OF

58:13 - MISCONDUCT

58:17 - ON SKIS

58:18 - ME JUST WE CAN'T MAKE A RULE

58:20 - THAT YOU HAVE TO GO BACK

58:21 - X NUMBER IN EVERY INSTANCE WITH

58:24 - PEOPLE IN THIS CASE ON THAT.

58:26 - SO SO FAST IN THIS CASE YOU

58:28 - HAVE TO GO BACK AND

58:30 - INTRODUCE EVIDENCE WE HAVE TO

58:32 - CREATE WITNESSES FOR THIS

58:33 - PURPOSE, I

58:34 - WITNESS IT. IT'S A LOT OF

58:36 - COVERED FOR BETTY WE'RE IN WE

58:38 - HAVE TO GO BACK IT'S ALWAYS THE

58:40 - FOCUS IS ON I DON'T USE IT.

58:43 - TRIGGERED DISCHARGE AND DOCTORS

58:45 - I THINK WE SHOULD STAND WITH

58:46 - THAT.

58:48 - >>WHEN I I I APPRECIATE THAT

58:50 - I THINK I THINK YOU'RE MAKING A

58:52 - VERY A GOOD.

58:55 - A POLICY ARGUMENT.

58:58 - I THINK WHAT I'M CONCERNED

59:00 - ABOUT AND I THINK SOME OF THE

59:01 - OTHERS ARE CONCERNED

59:02 - ABOUT SAYS. THE ONLY GROUP TO

59:05 - LET SOME PLOY OR.

59:07 - WHO WANT TO

59:09 - GET RID NOT ONLY GET RID

59:12 - EMPLOYEE BUT ALSO WANT TO AVOID

59:14 - UNEMPLOYMENT COP

59:16 - AND MAKE HER CASE.

59:19 - A VIOLATION. PRESIDENT A LETTER

59:22 - AND DATE YOU

59:23 - DID ACT. NEXT NEXT ONE THE NEXT

59:26 - 3 TO 4 NEXT ONE YOU YOU'RE

59:28 - GOING TO GET FIRED NO MATTER

59:29 - HOW MINOR IT IS.

59:31 - EMPLOYEE GOES WHAT THE HACK.

59:34 - AND THEY SAY WELL YOU CAN AGREE

59:36 - OR NOT AGREE WITH THAT CRIME

59:37 - BUT WE'RE GIVING YOU NOTICE OF

59:39 - IT AND THEN THE NEXT LO AND

59:41 - BEHOLD WE HAVE A BAD DAY AND

59:43 - THEY MISS A MEETING AND

59:44 - THEY'RE FIRED.

59:45 - >>YOUR RULE WOULD

59:48 - BASICALLY SAY.

59:49 - >>BAD AS THAT OF COURSE IS

59:51 - GREAT DEAL OF COMBAT CAN NEVER

59:53 - BE CHECKED.

59:55 - >>YOUR SPACE X ON ITEMS.

59:57 - BUT EVEN IF IT WAS HERE.

59:59 - 860 WHAT ABOUT THE UNSCRUPULOUS

01:00 - 03.180 EMPLOYEE. HE HAD BEEN WARNED

01:00 - 05.610 REPEATEDLY THAT HE WAS ON A LOT

01:00 - 07.060 OF HEAT. WELL

01:00 - 09.490 TO ME NOR DID DIRECTED US TO

01:00 - 11.430 A LAWYER. WHY SHOULD HE BE

01:00 - 12.780 REWARDED FOR HAVING DONE THAT.

01:00 - 16.880 >>COURT IS SAYING IS JETS.

01:00 - 18.760 THERE'S ANOTHER PERSPECTIVE

01:00 - 21.540 THAT HAS NOT BEEN REVIEWED.

01:00 - 24.770 ANALYZED. OKAY WE'RE HERE HAS

01:00 - 26.630 BECOME THE JUDGE THE JURY AND

01:00 - 29.070 THE PROSECUTOR AND THE HIM OR

01:00 - 31.470 HE IS BACK WITH NO RECOURSE.

01:00 - 34.860 WE SPENT ALL OR YOU PAY

01:00 - 36.890 THE EMPLOYEE ALSO PAID INTO THE

01:00 - 38.670 BENEFIT ON JUST LIKE

01:00 - 41.070 THE CORNER. THERE SHOULD BE AN

01:00 - 42.950 OPPORTUNITY TO REVIEW THE

01:00 - 45.250 CIRCUMSTANCES IN ORDER TO

01:00 - 48.070 RECEIVE HUMANITARIAN BENEFITS.

01:00 - 50.530 >>I THINK THAT WAS DONE HERE

01:00 - 51.860 YOUR HONOR WITH I WENT.

01:00 - 54.330 WELL I DON'T THINK THAT SHE

01:00 - 55.280 WAS BORN.

01:00 - 58.670 >>AND EVEN IT CONCEDING NOT

01:00 - 59.660 REALLY CONCEDING BUT

01:01 - 03.290 IT REALLY WASN'T A PROPER

01:01 - 05.550 WARNING. GET THE FINAL WORD.

01:01 - 08.320 I IT'S UP TO THE EMPLOYEE THAT

01:01 - 09.680 HE WAS WANTED AND HE JUST KEPT

01:01 - 11.040 UP TO SPEED HERE. THAT'S

01:01 - 14.120 WHAT MISCONDUCT. YOU KNOW, I'M.

01:01 - 16.450 >>AND SO YOUR POSITION AS EVEN

01:01 - 18.350 AN HONEST FOUNDER FINAL

01:01 - 19.150 WARNING.

01:01 - 22.960 AND BEYOND REVIEW

01:01 - 24.790 BECAUSE THE

01:01 - 28.390 EMPLOYEE THERE RESPONSIBILITY

01:01 - 28.890 FOR

01:01 - 31.650 DOING SOMETHING AND VIOLATIONS

01:01 - 31.980 FINAL

01:01 - 35.320 >>WHERE THE VIOLENT INCIDENT

01:01 - 37.110 AND THE BURDEN ON THE SYSTEM

01:01 - 39.630 HAD TO GO BACK AND IT ISN'T SO

01:01 - 40.340 I MISSED.

01:01 - 41.700 >>THE FORCE THAT CAN SEE THE

01:01 - 45.070 >>THE LAW PROVIDES TO PROCESS

01:01 - 47.170 MY 12 AND A HALF MEN ARE

01:01 - 47.840 DUE PROCESS.

01:01 - 50.220 >>BUT JUST NOT YOU CAN SAY

01:01 - 51.750 BECAUSE THE BURDEN OF SOME THEY

01:01 - 53.470 DON'T GET THAT U.S. BACKED OUT

01:01 - 54.220 ON A REAL

01:01 - 56.710 LOSS THAT IS FOUNDER THEM OUR

01:01 - 58.980 CONSTITUTION, EITHER ONE THING

01:01 - 00.180 OR UNITED STATES.

01:02 - 02.820 >>RESPECT YOUR HONOR. I

01:02 - 04.840 HATE THAT IN CLARE AND IN CLEAR

01:02 - 06.650 GIVEN ADEQUATE TIME TO GET WITH

01:02 - 09.520 ON A STUDENT AND IN THAT IT'S I

01:02 - 10.880 THINK HEAT ITS

01:02 - 12.990 JOB BACK WITH THE U.S. IF IT

01:02 - 13.650 WAS DEFINITELY A

01:02 - 14.550 AND

01:02 - 19.120 THE EMPLOYEE PUT ON THE

01:02 - 21.240 EVIDENCE IT JUST THE BOARD AND

01:02 - 23.500 THE REFEREE THE 10 TIMES IN THE

01:02 - 23.880 BACK.

01:02 - 25.970 >>BASED ON THAT BECAUSE THAT

01:02 - 27.480 WASN'T WHAT HE WAS DISCHARGED

01:02 - 29.780 LIST OF CHARTS RIGHT HERE.

01:02 - 32.510 YOU ARE DOING THAT WE ATE

01:02 - 34.690 IT THE SCOPE AT THE VERY NARROW

01:02 - 35.460 BECAUSE YOU DON'T HAVE

01:02 - 38.030 MUCH TIME. BUT THEN YOU'RE ALSO

01:02 - 39.800 IN THIS CASE THE TIME WE'RE

01:02 - 41.240 TALKING ABOUT IS

01:02 - 43.980 REFEREE AND THE BOARD BECAUSE

01:02 - 44.820 OF THE RECORD

01:02 - 45.480 WAS MADE.

01:02 - 48.450 >>ACCORDING TO THE LAW MISTER

01:02 - 49.810 ME TO DEATH. ALL RIGHT.

01:02 - 53.780 >>YOUR HONOR TO GO BACK WITH

01:02 - 55.640 THE WORK AND AND I DON'T THINK

01:02 - 58.030 IT'S FAIR. I THINK HE WAS

01:02 - 00.040 GIVEN'S MORNING SHOULD I DID HE

01:03 - 01.030 GET AND THAT'S WHAT IT WAS.

01:03 - 02.980 HE SHOWED A DISREGARD FOR THIS

01:03 - 03.840 EMPLOYERS MUST.

01:03 - 07.760 >>BUT THAT'S NOT WHY YOU FIRED.

01:03 - 10.100 YOU DIDN'T FIRE HIM FOR YOU TO

01:03 - 11.810 FIRE HIM FOR SHOWING A

01:03 - 13.120 DISREGARD THE EMPLOYER'S

01:03 - 14.850 INTEREST THE TERMINATION WAS

01:03 - 16.140 FROM VIOLATING THE PROGRESSIVE

01:03 - 17.940 DISCIPLINE POLICY BASTAD

01:03 - 18.360 DIFFERENT.

01:03 - 20.300 >>WELL WE'RE NOT GOING TO THE

01:03 - 21.480 MANDATORY MEETING YOU DON'T

01:03 - 22.350 THINK THAT SHOWS IN

01:03 - 24.110 SUBORDINATION TO SPEAK, BUT I'M

01:03 - 25.360 NOT REPRESENTING THE EMPLOYER

01:03 - 26.160 HAS BEEN FIRED FOR

01:03 - 27.910 INSUBORDINATION IN THIS REGARD.

01:03 - 30.260 HE WAS FIRED FOR VIOLATING THE

01:03 - 31.830 DEATH OF DISCIPLINE POLICY.

01:03 - 34.010 CERTAINLY BUT THAT WAS BECAUSE

01:03 - 34.840 HE DIDN'T COMPLY WITH THE

01:03 - 35.440 DIRECTIVE.

01:03 - 41.500 >>THERE YOU

01:03 - 45.860 IF YOU'D LIKE TO CONCLUDE THAT

01:03 - 46.210 POINT.

01:03 - 50.020 >>WHAT I SAID BEFORE THIS

01:03 - 52.530 IMPORT WE WAS ENGAGED IN

01:03 - 54.900 WILLFUL MISCONDUCT. HE SAID NO

01:03 - 55.190 AND IF

01:03 - 57.030 IT PASSED WHERE TO ON THE

01:03 - 58.550 COURT'S DECISION AND I THINK

01:03 - 59.120 YOUR HANDS.

01:04 - 03.860 >>MCDERMOTT CASH.

01:04 - 07.910 >>THANK I THINK THAT THIS COURT

01:04 - 09.570 HAS HELD MANY TIMES THAT OR AN

01:04 - 11.510 EMPLOYER HAS A POLICY OR SET OF

01:04 - 13.680 POLICIES AND THEY ESTABLISHED

01:04 - 15.240 WHAT THE EMPLOYER IS WILLING TO

01:04 - 17.140 TOLERATE AS FAR AS AND

01:04 - 19.280 IN TOURISM IN THIS CASE, THE

01:04 - 21.940 LETTER AND AND AND HIS POLICY

01:04 - 23.690 ESTABLISHED THOSE GUIDELINES.

01:04 - 26.510 THE CLAIMANT YOU'RE NOT SHE CAN

01:04 - 28.990 NECESSARY POINTS JUST A FIRE

01:04 - 31.520 WARRANT IN IN A MINUTE AND FOR

01:04 - 33.030 THOSE REASONS WE WOULD ASK THAT

01:04 - 34.580 ITS COURSE REVERSE.

01:04 - 37.210 OR IN THE ALTERNATIVE RE MAN OR

01:04 - 37.530 EVERY

01:04 - 38.200 YOU LOVE.

01:04 - 40.540 >>EVENTS THAT LED UP TO THE

01:04 - 43.140 CLAIMANT THE STARS OR MISSING

01:04 - 44.230 A MEETING. IT'S

01:04 - 45.820 ULTIMATELY AN ACCIDENT AND

01:04 - 46.840 INCISIONS THAT HAVE BEEN

01:04 - 48.200 REVIEWED AND REVIEWED AND ALL

01:04 - 49.200 THE SEA LITERALLY.

01:04 - 52.940 >>IF WE RE MAN FOR HER.

01:04 - 55.390 >>HEARING. I WELL LET ME ASK

01:04 - 56.620 YOU ABOUT THE RE MAN IS THE

01:04 - 58.200 RECORD COMPLETE AND YOUR.

01:05 - 03.110 >>YEAH I THINK THAT

01:05 - 04.430 THERE'S A I DO BELIEVE THERE'S

01:05 - 06.220 ENOUGH EVIDENCE AND TESTIMONY

01:05 - 09.320 ON THE NUMBER 7. I MEANT

01:05 - 12.670 OR 8 GREAT UNITY CONDUCTED THIS

01:05 - 14.110 IS AS THE MONEY ON THAT ISSUE.

01:05 - 15.150 EMPLOYERS

01:05 - 16.690 WHO REPORTED SURVIVOR OF THAT

01:05 - 17.860 PLANE. IT WAS PRESENTLY HERE

01:05 - 19.280 AND TESTIFY AS TO WHAT HAPPENED

01:05 - 20.670 ON THAT DAY AND THE CLAIMED

01:05 - 22.190 HIMSELF TESTED ON WHAT HAPPENED

01:05 - 22.380 NEXT.

01:05 - 24.980 AND THEN AND THERE'S DOCUMENTS

01:05 - 26.570 WHICH SUPPORT THE INCIDENT AS

01:05 - 27.080 WELL.

01:05 - 31.390 THANK YOU VERY MUCH.

01:05 - 35.200 >>THAT CONCLUDES OUR ARGUMENT

01:05 - 36.420 ON NUMBER 9.

01:06 - 10.850 >>AND THIS

01:06 - 14.360 3RD AROUND BY SESSION NUMBER

01:06 - 17.360 60. THAT IS NOW AND HER

01:06 - 19.130 PALS SCHOOL, A

01:06 - 21.720 CHARTER SCHOOL VERSUS THE

01:06 - 23.930 WELCOMED BIRD SCHOOL DISTRICT.

01:06 - 27.220 WE HAVE THE APPEAL OF MISS

01:06 - 30.700 BELL. FROM ME. ALL DISTRICT

01:06 - 32.040 DECISION NOT TO

01:06 - 35.000 PROVIDE FREE TRANSPORTATION

01:06 - 38.360 PRIVATE BUSES. TO

01:06 - 40.240 DO THAT. OUR SCHOOL.

01:06 - 44.020 MISTER DRAFT PER YEAR.

01:06 - 47.460 REPRESENTING THE MISS BELL AND

01:06 - 48.590 THE SCHOOL.

01:06 - 49.530 >>YES, YOUR HONOR.

01:06 - 52.430 >>EACH SIDE WILL

01:06 - 53.930 BE HERE IN 15 MINUTES FOR

01:06 - 56.260 ARGUMENT MISTER GRAFF OR YOU

01:06 - 58.520 CAN READ YOUR SOME OF YOUR TIME

01:06 - 01.660 FOR REBUTTAL. WOULD YOU LIKE TO

01:07 - 02.220 DO THAT.

01:07 - 03.710 >>THANK YOU YOUR HONOR I'D LIKE

01:07 - 04.910 TO RESERVE 2 MINUTES FOR

01:07 - 05.480 REBUTTAL.

01:07 - 11.080 >>AND YOU MAY BE HIM MISTER

01:07 - 11.920 STRASSBURGER.

01:07 - 15.400 >>AND MAY IT PLEASE THE COURT.

01:07 - 19.770 REPRESENT OUR SCHOOLS.

01:07 - 22.450 SAFETY FIRST.

01:07 - 24.420 THAT'S WHAT YOU TELL

01:07 - 26.450 LABOR'S BEFORE THEY START WORK

01:07 - 28.650 ON A CONSTRUCTION SITE. THAT'S

01:07 - 28.840 WHAT

01:07 - 31.080 YOU TELL HEALTH CARE WORKERS

01:07 - 32.260 WHEN TRAINING THEM TO PROVIDE

01:07 - 34.520 SERVICES AND I'M SURE THAT'S

01:07 - 36.280 WHAT THE COURAGEOUS BETTY BELLE

01:07 - 38.670 BELCHER GRANDCHILDREN EVERY

01:07 - 41.330 SINGLE DAY. THEY'VE THE FIRST.

01:07 - 44.150 ARE THE WATCHWORDS RESPONSIBLE

01:07 - 46.500 GOVERNMENTS. AND RESPONSIBLE

01:07 - 49.320 LIVER. UNLESS THAT IS

01:07 - 51.350 YOU ARE 5 YEARS OLD.

01:07 - 54.590 THE CHARTER SCHOOL OUTSIDE YOUR

01:07 - 55.180 OWN DISTRICT.

01:07 - 57.690 GRADE SCHOOL AGE CHARTER

01:07 - 00.670 STUDENTS NOW. WE'RE TOLD THE

01:08 - 02.960 WORDS SAFETY FIRST DON'T APPLY

01:08 - 03.430 TO THEM.

01:08 - 05.890 THE SCHOOL DISTRICT PROVIDES

01:08 - 08.410 BUS TRANSPORTATION. THE KIDS

01:08 - 10.890 WHO ATTEND PUBLIC SCHOOL YEAR.

01:08 - 14.430 SAFETY FIRST APPLIES TO THEM.

01:08 - 15.690 >>IN

01:08 - 17.940 QUESTION DIDN'T THE STATUTE

01:08 - 19.330 CHANGE IN ISN'T THIS AN

01:08 - 21.330 ARGUMENT OF PUBLIC POLICY

01:08 - 22.320 THAT'S BETTER MADE TO THE

01:08 - 23.700 GENERAL ASSEMBLY THEN TO THIS

01:08 - 24.120 COURT.

01:08 - 26.650 >>YOU'RE UNDER THE STATUTE DID

01:08 - 29.190 CHANGE BUT I BELIEVE THAT THE

01:08 - 31.500 STATUE. THE WORK WHICH

01:08 - 33.570 THAT WAS IN THE STATUTE IN

01:08 - 36.460 1997. IN RE INSERTED IN

01:08 - 40.370 2006. REFLECTS A CONSISTENT

01:08 - 43.440 STATUTORY EQUALIZATION.

01:08 - 45.940 TRANSPORTATION

01:08 - 48.560 AND TITLE TO CHARTER STUDENTS

01:08 - 50.580 AND PUBLIC STUDENTS. THE

01:08 - 51.990 LANGUAGE OF THE STATUTE THAT

01:08 - 54.020 I'M REFERRING TO IS THE SAME

01:08 - 56.120 CONDITIONS LIKE IT WAS A

01:08 - 59.250 STATUTE IN 1997 AND REMAINS IN

01:08 - 01.020 THE STATUTE. TODAY.

01:09 - 05.020 SECTION 1726 A

01:09 - 08.160 STATES THAT THE TRANSPORTATION

01:09 - 09.120 RATES OF.

01:09 - 12.070 CHARTER STUDENTS AT PUBLIC

01:09 - 13.990 SCHOOL STUDENTS. WE TEND TO

01:09 - 15.090 DISTRICT SCHOOL.

01:09 - 19.840 MUST BE EVALUATED. THE SAME

01:09 - 20.750 CONDITIONS.

01:09 - 24.900 THE CHARTER SCHOOL EXCUSE ME IF

01:09 - 26.140 THE PUBLIC SCHOOL STUDENTS

01:09 - 29.280 PROVIDE FOR PROVIDED A BOSS.

01:09 - 32.170 IF THEY'RE LIVING WITHIN ONE

01:09 - 33.340 0.5. I WAS.

01:09 - 37.610 THE EVIDENCE IN THIS CASE

01:09 - 39.860 IS UNDISPUTED WILKINSBURG

01:09 - 41.870 SCHOOL DISTRICT PROVIDES

01:09 - 45.180 AUSTIN TO ITS OWN

01:09 - 47.660 DISTRICT STUDENTS. BUT DID NOT

01:09 - 49.960 PROVIDE PRIVATE AH SING TOO

01:09 - 52.120 WHICH ARE STEWS INSTEAD WHAT

01:09 - 53.590 THEY DID WAS. IT

01:09 - 55.930 PROVIDED THEM PORT AUTHORITY OF

01:09 - 57.900 ALLEGHENY COUNTY CONNECT CARDS

01:09 - 59.280 WHICH WE'VE BEEN REFERRING TO

01:09 - 01.830 YOU AS A BUS PASS. IN THIS

01:10 - 03.310 COUPLE HAS BEEN AND WHERE WE

01:10 - 03.550 ARE.

01:10 - 04.820 >>I THINK WE'RE FAMILIAR WITH

01:10 - 06.900 THE FACTUAL SCENARIO THERE AND

01:10 - 07.300 WHY

01:10 - 09.480 WE'RE HERE I'M JUST WORKING

01:10 - 10.700 FROM A COUPLE

01:10 - 15.890 FROM YOU. ONE IS A B BUT PASS

01:10 - 20.140 IS OFFERED TO ALL STUDENTS IN

01:10 - 23.560 THE DISTRICT. WHO ARE ATTENDING

01:10 - 26.480 CHARTER SCHOOLS OR. PAROCHIAL

01:10 - 27.670 SCHOOLS IS THAT CORRECT.

01:10 - 29.020 >>YES, YOUR HEART.

01:10 - 31.220 >>OKAY SO THE ONLY ONES THAT

01:10 - 33.010 ARE WRITING BY TRANSPORTATION

01:10 - 34.990 TO OUR STUDENTS THAT ARE SCHOOL

01:10 - 36.460 BUS TRANSPORTATION OUR STUDENTS

01:10 - 37.440 BETTER IN THE DISTRICT

01:10 - 39.280 ATTENDING DISTRICT DISTRICT.

01:10 - 41.290 THE TRADITIONAL SCHOOLS.

01:10 - 46.050 OK NOW THE OTHER THING I WOULD

01:10 - 49.030 LIKE YOU TO CONFIRM FOR ME IS

01:10 - 52.350 UNDER SECTION 1362 OF THE

01:10 - 53.320 SCHOOL CODE.

01:10 - 55.800 BAD THE SCHOOL DISTRICT DOES

01:10 - 57.360 NOT NEED TO HAVE SCHOOL BUSES

01:10 - 58.880 THAT THE SCHOOL DISTRICT CAN

01:10 - 00.120 MEET ITS TRANSPORTATION

01:11 - 01.950 OBLIGATIONS PURELY BY USING

01:11 - 03.420 YOUR ELECTRIC RAIL IS RATHER

01:11 - 04.440 COMMON CARRIERS.

01:11 - 08.190 >>UNDER

01:11 - 11.180 >>IF THERE

01:11 - 13.270 IS A A REQUIREMENT OF FREE

01:11 - 15.780 TRANSPORTATION, THOSE ARE SOME

01:11 - 17.750 OF THE ENUMERATED WAYS THAT

01:11 - 20.910 OBLIGATION IN THE DISCHARGE.

01:11 - 24.770 >>SO SO IF A SCHOOL DISTRICT

01:11 - 27.880 DECIDED TO ELIMINATE. SCHOOL

01:11 - 30.310 BUSES ALTOGETHER IN GO POORLY

01:11 - 31.770 COMMON CARRIER WHICH PROBABLY

01:11 - 34.330 CAN ONLY HAPPEN IN MORE URBAN

01:11 - 34.860 SETTINGS.

01:11 - 37.530 IS IT YOUR POSITION THEY ARE

01:11 - 39.410 SACRIFICING COMPROMISING THE

01:11 - 41.660 SAFETY OF THEIR STUDENTS ON

01:11 - 42.200 LAWFULLY.

01:11 - 46.410 >>I WOULD SAY YES.

01:11 - 49.100 >>4 GRADE SCHOOL STUDENTS.

01:11 - 52.790 ONE OF THE WAYS THAT SOME

01:11 - 54.890 SCHOOL DISTRICTS LIKE STEEL

01:11 - 57.070 VALLEY AND THE HOFFA CASE NOW

01:11 - 58.660 11 IT ALSO DOES THIS THEY'RE

01:11 - 00.850 WALKING DISTANCE. IF YOU WANT

01:12 - 03.400 TO CREATE. EQUALITY.

01:12 - 07.050 AVOID

01:12 - 09.890 THIS PROBLEM OF PREFERENTIAL

01:12 - 11.750 TREATMENT FOR DISTRICT STUDENTS

01:12 - 13.250 IS THAT YOU DON'T PROVIDE

01:12 - 14.850 TRANSPORTATION HOLE.

01:12 - 20.350 5 YEAR-OLD 6 YEAR-OLD

01:12 - 23.270 SEVEN-YEAR OLDS TAKE PUBLIC

01:12 - 25.230 TRANSPORTATION OR THEMSELVES.

01:12 - 28.080 IN A SITUATION WHERE THEY MIGHT

01:12 - 30.280 HAVE TO TRANSFER ONCE OR

01:12 - 32.890 EVEN TWICE AND RIDE PUBLIC

01:12 - 33.920 TRANSPORTATION.

01:12 - 37.610 FOR OVER AN HOUR TO GET TO AND

01:12 - 39.940 FROM SCHOOL EACH DAY. OUR

01:12 - 41.860 POSITION IS THAT WE NEED TO BE

01:12 - 43.160 BLESSED BY THE DEPARTMENT OF

01:12 - 44.790 EDUCATION, ACCORDING TO THE

01:12 - 46.330 PENNSYLVANIA CODE SECTIONS THAT

01:12 - 48.070 WE CITED PARTICULARLY

01:12 - 51.310 23.2 23.4.

01:12 - 53.660 HAPPENED IN THIS CASE.

01:12 - 55.880 >>YOU'RE AFRAID YOU WOULD YOU

01:12 - 57.400 AGREE WITH MY PRINCIPLE THOUGH

01:12 - 59.740 THAT A SCHOOL DISTRICT COULD.

01:13 - 01.420 UNDER THE

01:13 - 03.990 SCHOOL CODE. REQUIRE THOSE

01:13 - 05.050 STUDENTS THAT YOU'RE CONCERNED

01:13 - 05.570 ABOUT AND

01:13 - 09.050 ALL STUDENTS USE PUBLIC

01:13 - 10.370 TRANSPORTATION ALTHOUGH THE

01:13 - 11.290 SCHOOL DISTRICT WOULD HAVE TO

01:13 - 12.970 PAY FOR SCHOOL CODE ALLOWS THAT

01:13 - 13.320 CORRECT.

01:13 - 16.380 >>1362 ALLOWS FOR COMMON

01:13 - 18.170 CARRIER. IF THEY WERE ALL

01:13 - 20.170 TREATED THE SAME WAY THAT WOULD

01:13 - 23.120 BE PERMISSIBLE SUBJECT TO THE

01:13 - 24.620 ADMINISTRATIVE OVERSIGHT.

01:13 - 26.100 THE DEPARTMENT OF EDUCATION.

01:13 - 29.680 >>MISTER STRASSBURGER I HAVE A

01:13 - 30.810 COUPLE QUESTIONS.

01:13 - 36.980 >>THE SCHOOL DISTRICT I ARE

01:13 - 39.320 THAT HER SCHOOL HERE WITH THEM.

01:13 - 41.570 >>1.5 MILE

01:13 - 43.350 OF ANY OF THE STUDENTS IN THE

01:13 - 45.350 WILKINSBURG OLDER SISTER.

01:13 - 47.970 >>OR THEY'RE ALL WITHIN 10

01:13 - 49.890 MILES OF THE BOUNDARY OF THIS.

01:13 - 53.300 >>OKAY OR OUTSIDE

01:13 - 54.950 10 MILES THE SCHOOL DISTRICT

01:13 - 56.660 WOULD NOT HAVE TO PROVIDE ANY

01:13 - 57.660 TRANSPORTATION.

01:13 - 59.110 >>THAT'S CORRECT YOUR HONOR.

01:14 - 01.740 >>WHAT DOES THE

01:14 - 05.590 SECTION 26 A IF AT THAT.

01:14 - 06.820 THEY'RE IN.

01:14 - 10.600 >>WHO ATTEND A CHARTER SCHOOL.

01:14 - 14.050 LOCATED OUTSIDE THAT THEY'RE

01:14 - 16.490 NOT EXCEEDING 10 MILE NOW

01:14 - 18.350 BE PROVIDED. FREE

01:14 - 19.470 TRANSPORTATION.

01:14 - 22.760 >>I'M SURE THAT'S PRETTY THAT'S

01:14 - 23.800 PRETTY CLEAR

01:14 - 25.880 WHAT I DON'T UNDERSTAND IS THAT

01:14 - 27.240 TRANSPORTATION AS WELL.

01:14 - 28.910 >>WIRED OR

01:14 - 30.780 IT WOULDN'T. WE'RE DIVING

01:14 - 32.970 WITHIN ONE AND A HALF MILE OUR

01:14 - 34.630 SECONDARY STUDENTS WITHIN 2

01:14 - 35.040 MILES.

01:14 - 39.050 >>RIGHT SO HE STARTS THE THE

01:14 - 40.070 LANGUAGE OF SECTION

01:14 - 42.970 1726 A WE'RE TALKING ABOUT THE

01:14 - 44.940 SECOND SENTENCE NOW IS RATHER

01:14 - 45.670 SERPENTINE.

01:14 - 49.180 AND IT STARTS WITH THE PREMISE

01:14 - 49.570 THAT.

01:14 - 51.790 DON'T NEED TO PROVIDE

01:14 - 54.820 TRANSPORTATION IF. STUDENTS

01:14 - 56.750 LIVE WITHIN A CLOSE DISTANCE TO

01:14 - 57.550 THE SCHOOL.

01:15 - 03.600 WALKING CONDITIONS.

01:15 - 06.680 THE NEGATIVE IMPLICATION OF

01:15 - 08.900 THAT IS IF THERE ARE HAZARDOUS

01:15 - 10.080 WORKING CONDITIONS

01:15 - 12.020 DOESN'T MATTER HOW 40 LIVE AWAY

01:15 - 13.690 YOU HAVE TO PUT HIS AGE.

01:15 - 15.540 THEN YOU GET TO THE SECOND

01:15 - 17.740 SENTENCE. WE SAY THIS. BUT IF

01:15 - 20.220 YOU'RE PROVIDING TRANSPORTATION

01:15 - 22.540 TO PEOPLE WHO LIVE CLOSE TO THE

01:15 - 25.700 THEN YOU HAVE TO PROVIDE THE

01:15 - 28.710 SAME TRANSPORTATION TO THE

01:15 - 29.810 CHARTER STEWS

01:15 - 30.740 AND.

01:15 - 33.210 >>SO WHEN YOU REVIEW YOU GET

01:15 - 34.720 YOU GET IN THAT THAT THE

01:15 - 36.400 OPERATIVE LANGUAGE SO WITH THE

01:15 - 37.850 WAY THE TRIAL COURT INTERPRET

01:15 - 40.300 IT WAS. IT SAID LOOK.

01:15 - 42.790 YOU DO NOT HAPPY YOU HAVE TO

01:15 - 44.430 PROVIDE THE 10 MILE RADIUS YOU

01:15 - 45.890 DO NOT HAVE TO PROVIDE WITHIN A

01:15 - 47.670 MILE AND A HALF OR 2 MILES IF

01:15 - 48.720 THEY'RE WITHIN A MILE OR 2

01:15 - 50.530 MILES AND THEIR SCHOOL IN NON

01:15 - 51.770 HAZARDOUS CONDITION OF THAT

01:15 - 52.550 HAZARD THAT YOU

01:15 - 53.900 PROVIDE TRANSPORTATION.

01:15 - 55.330 >>THE SENTENCE YOU'RE TALKING

01:15 - 56.340 ABOUT THE COMMON PLEAS

01:15 - 59.420 COURT SAID. BUT IF THE SCHOOL

01:15 - 01.280 DISTRICT DOES PROVIDE.

01:16 - 03.970 TRANSPORTATION. WITHIN

01:16 - 05.590 1.5 OR 2 MY

01:16 - 08.220 2.5 MILES OF THE SCHOOL WHEN

01:16 - 09.760 THERE IS NO HAZARD MEANING

01:16 - 10.550 THEY'RE JUST PROVIDING

01:16 - 11.900 EVERYBODY WITHIN THAT SHORT

01:16 - 13.920 DISTANCE. TRANSPORTATION,

01:16 - 16.570 THEY HAVE TO PROVIDE THE SAY

01:16 - 18.240 THEY'RE PROVIDED TRANSPORTATION

01:16 - 21.360 TO THE OTHER STUDENTS UNDER THE

01:16 - 23.850 SAME CONDITIONS MEANING

01:16 - 25.150 NON HAZARDOUS

01:16 - 27.090 CONDITIONS AND NOW WHAT WHAT

01:16 - 28.360 THAT IS THAT'S WHAT THE COMMON

01:16 - 29.780 PLEAS COURT THAT KIND OF COMMON

01:16 - 31.410 PLEAS COURT INTERPRETED THAT

01:16 - 33.730 DAME CONDITIONS MEANING NON

01:16 - 35.770 HAZARDOUS CONDITIONS AND WHY

01:16 - 36.710 WAS THAT AN INCORRECT

01:16 - 37.840 INTERPRETATION OF THAT.

01:16 - 42.350 >>FIRST IS THE SAME CONDITIONS

01:16 - 44.100 LANGUAGE HISTORICALLY WAS IN

01:16 - 47.340 THE STATUTE. SINCE 1997.

01:16 - 52.810 IS LANGUAGE OF COMPARES.

01:16 - 56.390 IT'S COMPARING THE ENTITLEMENT

01:16 - 56.590 OF.

01:16 - 57.420 >>THE.

01:16 - 00.710 >>CHARTER STUDENTS TO THE HOME,

01:17 - 02.280 THE DISTRICT'S STUDENTS.

01:17 - 04.130 I DON'T THINK IT'S I THINK IT

01:17 - 06.840 MARGINALIZES THE WORDS, SAME

01:17 - 09.560 CONDITIONS ONLY REFER TO

01:17 - 12.870 WALKING CONDITIONS. THE SECOND

01:17 - 14.600 REASON YOU'RE ON OR IS ITS

01:17 - 16.430 IT'S I THINK THE COURT

01:17 - 18.860 IS AWARE THE CHARTER SCHOOLS

01:17 - 21.570 FOR THE MOST PART. I'M LIKELY

01:17 - 23.230 TO BE WITHIN.

01:17 - 30.760 THE 10 MILE COACH IS SO

01:17 - 32.490 IMPORTANT HERE THAT

01:17 - 35.020 WE'RE TALKING ABOUT TREATING

01:17 - 38.500 PEOPLE. THE SAME AND IN ORDER

01:17 - 40.420 TO CREATE EQUIVALENTS. WE HAVE

01:17 - 40.810 TO

01:17 - 43.850 RECOGNIZES THE CHARTER SCHOOL

01:17 - 45.860 WAS DESIGNED TO PROMOTE SCHOOL

01:17 - 48.490 CHOICE AND BY PROMOTING SCHOOL

01:17 - 51.720 CHOICE. WE ARE EXPANDING THE

01:17 - 54.410 DISTRICT'S BOUNDARIES. OH WOW.

01:17 - 57.340 CHARTER STUDENTS TO GO OUTSIDE

01:17 - 59.110 THE SCHOOL DISTRICT. AND BE

01:17 - 01.050 TREATED THE SAME WAY. THE

01:18 - 02.930 STUDENTS WE'RE INSIDE THE

01:18 - 03.460 SCHOOL DOES.

01:18 - 07.280 >>BUT I'D LIKE TO GET I

01:18 - 08.730 UNDERSTAND YOUR POINT BUT I'D

01:18 - 09.860 LIKE TO GET BACK TO THE

01:18 - 11.260 LANGUAGE AFFECT THINK TWICE

01:18 - 14.580 ACTION HAVING PAIN 26 SHAME

01:18 - 16.250 BECAUSE THE LANGUAGE ABOUT

01:18 - 17.820 UNDER THE SAME CONDITION.

01:18 - 21.100 WE REFER TO THEM OFFERING TO

01:18 - 21.510 NONE.

01:18 - 24.590 WE'LL PUT OTHERWISE WALK TO

01:18 - 26.430 SCHOOL TRANSPORTATION HOW DO

01:18 - 28.310 YOU GET THAT UNDER SAME

01:18 - 30.520 CONDITION AND WHAT THEY SHOULD

01:18 - 32.730 WE AGREE WITH YOUR CONTRACTION

01:18 - 34.710 THAT MEANS THE SAME TERMS AND

01:18 - 36.200 CONDITIONS WHICH WAS THE OLD

01:18 - 38.400 LANGUAGE. HOW DO YOU GET FROM

01:18 - 40.040 THAT TO THE 10 MILE

01:18 - 41.830 TRANSPORTATION THAT MUST BE

01:18 - 44.110 PROVIDED TO CHARTER SCHOOL

01:18 - 44.410 MOVEMENT.

01:18 - 46.850 >>SO THE.

01:18 - 49.640 IF WE LOOK AT THE MOSAIC A CAN

01:18 - 51.830 OF THE DECISION WHICH AT THE

01:18 - 52.240 TIME.

01:18 - 54.830 THE LANGUAGE OF THE STATUTE

01:18 - 56.660 CONCEDED LEE WAS DIFFERENT AND

01:18 - 59.190 THERE WAS INCORPORATION OF

01:18 - 02.740 SECTION, 1361, WHICH SAID YOU.

01:19 - 03.800 TRY

01:19 - 06.320 TO GIVE IDENTICAL PROVISION

01:19 - 09.150 TOO. CHARTER STUDENTS AS HER

01:19 - 11.600 PRIVATE ROAD KILL STUDENTS AS

01:19 - 13.450 PUBLIC STUDENTS. THE SUPREME

01:19 - 15.680 COURT SAID THAT IS A BIG YOU

01:19 - 18.540 WAS IT MUST BE. WE WANT TO

01:19 - 20.650 TREAT CHARTER STUDENTS. THE

01:19 - 23.720 SAME AS PUBLIC STUDENTS AND THE

01:19 - 25.250 SAME AS PRIVATE STUDENTS TO

01:19 - 27.970 SAVE HIS WROTE US. AND IT'S

01:19 - 29.570 VERY HARD TO

01:19 - 33.200 MOVE FROM. WAS IT GOOD CADDIE

01:19 - 35.820 AND THE TENOR OF THAT DECISION.

01:19 - 36.830 I SAYING.

01:19 - 40.090 THEY GET THE SAME THINGS SAME

01:19 - 41.600 TERMS AND CONDITIONS

01:19 - 44.940 AS WAS IN 1997 STEP IN

01:19 - 47.940 JUST SAY IN THE 2006 AMENDMENT.

01:19 - 51.390 CONDITIONS ONLY MEANS WALKING

01:19 - 52.110 CONCUSSIONS.

01:19 - 55.570 IN MY BRIEF MY REPLY, BRIEF

01:19 - 57.540 SAID THE GENERAL ASSEMBLY AS

01:19 - 00.050 I ELEPHANTS AND COUNCILS.

01:20 - 01.630 I MEAN THEY DON'T BURY THE

01:20 - 04.790 LEAD. THEY DON'T. OBSCURE THEIR

01:20 - 05.600 PURPOSE.

01:20 - 08.050 IF WHAT THE GENERAL ASSEMBLY

01:20 - 09.530 WAS TRYING TO DO HERE

01:20 - 12.760 WAS SAY CHARTER STUDENTS

01:20 - 15.820 DON'T HAVE JUST TRANSPORTATION

01:20 - 17.390 RIGHTS AS.

01:20 - 18.820 STUDIES.

01:20 - 21.550 >>COULD THIS VERY EASILY AND

01:20 - 23.390 THAT'S NOT WHAT THEY SAID USE

01:20 - 24.860 THE SAME LANGUAGE THAT WAS IN

01:20 - 26.410 THE STATUTE. THE VERY

01:20 - 28.530 BEGINNING. TALK ABOUT SAME

01:20 - 30.030 CONDITIONS AND I'D APPRECIATE

01:20 - 31.740 IT. YOUR HONOR WHEN YOU SAY

01:20 - 34.100 SAME TERMS AND CONDITIONS, I'M

01:20 - 36.570 NOT OVERLOOKING THE FACT THAT

01:20 - 38.850 SAME TERMS AND CONDITIONS WHEN

01:20 - 40.260 POTENTIALLY MEAN SOMETHING

01:20 - 42.430 DIFFERENT IN SAME CONDITIONS.

01:20 - 44.050 BUT I THINK WHEN YOU LOOK AT

01:20 - 44.780 THE PURPOSE OF

01:20 - 46.530 THE STATUTE. IF WE'RE

01:20 - 47.820 CONSIDERING THE STATUE TO BE

01:20 - 50.640 AMBIGUOUS UNDER 1921 SEE THE

01:20 - 52.190 STATUTORY CONSTRUCTION, THERE.

01:20 - 54.710 WE LOOK AT THE OBJECT OF THE OF

01:20 - 55.960 THE OF THE LAW

01:20 - 57.990 AND THE THE GOALS AND THE

01:20 - 59.960 REMEDIES OF COOL. WE HAVE TO

01:20 - 01.620 LOOK TO THE FACT THAT SAFETY IS

01:21 - 04.660 PARAMOUNT OR I'M SUPPORTING

01:21 - 05.680 YOUNG CHILDREN

01:21 - 07.930 TO SCHOOL. THAT'S WHY

01:21 - 10.100 OUR SECOND OR GREATER THAN FACT

01:21 - 13.490 1726 A REALLY OTHER I WELL I

01:21 - 14.800 MEAN IT'S AS YOU CAN.

01:21 - 17.380 >>IT YOU DON'T WANT TO ADMIT

01:21 - 20.040 WALKING ALONG HAZARDOUS ROADS,

01:21 - 21.600 EVEN IF IT'S LESS THAN A MILE

01:21 - 22.270 AND A HALF.

01:21 - 25.840 BUT I THINK WE UNDERSTAND

01:21 - 26.870 YOU'RE AT THE.

01:21 - 29.590 >>AND THE CURE. 30 MINUTES.

01:21 - 32.830 WE WILL HEAR FROM YOU AGAIN

01:21 - 34.820 AFTER WE HEAR FROM BUT YOUR

01:21 - 35.330 PENSION.

01:21 - 37.160 >>THANK YOUR ARE.

01:21 - 37.740 >>IS THERE.

01:21 - 44.950 ALL RIGHT. I'M A

01:21 - 49.180 BOLT I APOLOGIZE YOU'RE HERE

01:21 - 50.380 FOR WELCOME.

01:21 - 51.050 >>YES,

01:21 - 52.620 YOUR HONOR MAY IT PLEASE THE

01:21 - 54.050 COURT CHRISTOPHER BOLTS ON

01:21 - 55.860 BEHALF OF THE TELLY LOCAL

01:21 - 58.160 SCHOOL DISTRICT. THE DISTRICT'S

01:21 - 58.710 POSITION

01:21 - 00.380 IN THIS CASES FAIRLY

01:22 - 01.880 STRAIGHTFORWARD. IT SAID THE

01:22 - 03.320 U.S. YOUR IT'S A BUS PASSES

01:22 - 04.640 THAT CHARTER SCHOOL STUDENTS

01:22 - 06.480 IMPLIES THAT THE PLAIN LANGUAGE

01:22 - 06.860 OF ALL THE

01:22 - 08.890 APPLICABLE STATUTE HELEN'S

01:22 - 10.520 ARGUMENTS ON THE OTHER HAND ARE

01:22 - 11.860 BASED ON WHAT THEY WISH THE

01:22 - 13.940 STATUTE SAID WHENEVER THESE

01:22 - 15.310 WISHES ARE BASED ON LANGUAGE

01:22 - 16.600 THAT EITHER DOESN'T EXIST IN

01:22 - 18.270 THE RELEVANT STATUTE OR IF IT

01:22 - 20.070 EVER DID WAS DELETED BY THE

01:22 - 20.740 LEGISLATURE.

01:22 - 23.660 AS THIS COURT KNOWS THE PRIMARY

01:22 - 25.080 INDICATION OF THE LEGISLATIVE

01:22 - 27.020 INTENT IS THE PLAIN LANGUAGE OF

01:22 - 29.980 THE STATUTE SECTION 1726 AND

01:22 - 31.420 THE CHARTER SCHOOL LAW PROVIDES

01:22 - 32.390 THAT CERTAIN STUDENTS WHO

01:22 - 34.250 ATTEND CHARTER SCHOOLS SHELL BE

01:22 - 36.140 PROVIDED FREE TRANSPORTATION.

01:22 - 37.490 THE CHARTER SCHOOL BY THE

01:22 - 38.760 SCHOOL DISTRICT RESIDENTS.

01:22 - 41.420 THIS COURT IN HOCHMAN VERSUS

01:22 - 42.790 STEEL VALLEY SCHOOL DISTRICT

01:22 - 44.470 CASE WITH VERY SIMILAR ACTS.

01:22 - 47.110 WELL THAT SECTION 1362 THE

01:22 - 48.460 SCHOOL CODE SHOULD BE USED WHEN

01:22 - 49.440 INTERPRETING THE FREE

01:22 - 50.860 TRANSPORTATION PROVISION

01:22 - 54.700 SECTION 1726 DAY. SECTION

01:22 - 55.820 36 TOO

01:22 - 58.970 3313 62 IN TURN IN NEW RATES

01:22 - 00.290 EXCEPT WELL WORTH OF FREE

01:23 - 02.900 TRANSPORTATION. AND AUTHORIZES

01:23 - 04.620 TRANSPORTATION BE A COMMON

01:23 - 06.840 CARRIER IF THE DISTANCE HEART

01:23 - 07.460 DOES NOT EXCEED

01:23 - 09.780 1.5 MILES. THERE ARE SHELTERS

01:23 - 11.590 WHERE NECESSARY AND PENNDOT HAS

01:23 - 12.920 NOT CERTIFIED THE WALKING

01:23 - 13.790 ROUTES THAT HE HAD.

01:23 - 16.770 AT TRIAL. PELOSI

01:23 - 19.280 NOT ESTABLISH ANY VIOLATIONS OF

01:23 - 20.130 THE STATUTES.

01:23 - 21.940 INSTEAD THEY ATTEMPTED THAT

01:23 - 23.630 ADDITIONAL REQUIREMENTS EITHER

01:23 - 25.120 DO NOT APPEAR IN THE RELEVANT

01:23 - 27.640 STATUTORY PROVISIONS OR IF THEY

01:23 - 30.090 DID OR DELETED. THIS ATTEMPT

01:23 - 31.310 WAS REJECTED BY THE TRIAL

01:23 - 33.230 COURT. AND WE REQUEST THAT THIS

01:23 - 34.500 COURT DO AS WELL.

01:23 - 37.650 THOSE FIRST ARGUMENT FOCUSES ON

01:23 - 40.270 SECTION 1746 TODAY AND THE

01:23 - 42.350 SEARCH THAT THEY HAVE IDENTICAL

01:23 - 44.020 TRANSPORTATION. LET'S BE

01:23 - 45.140 PROVIDED TO CHARTER SCHOOLS.

01:23 - 48.070 THIS IS INCONSISTENT WITH THE

01:23 - 50.600 PLAIN LANGUAGE OF SECTION 1726

01:23 - 50.920 A.

01:23 - 53.550 LEHMANN ANGUISH SIMPLY STATUS

01:23 - 54.480 IS THAT SCHOOL DISTRICTS

01:23 - 54.850 PROVIDE

01:23 - 56.500 FREE TRANSPORTATION STUDENTS

01:23 - 57.500 ATTENDING A CHARTER SCHOOL

01:23 - 59.040 LOCATED WITHIN 10 MILES OF

01:23 - 59.950 MISTER ARBERY.

01:24 - 02.030 THERE'S NO REQUIREMENT IN THE

01:24 - 03.860 FOREGOING TAXES LOW TO FREE

01:24 - 05.500 TRANSPORTATION BE I'VE DONE.

01:24 - 08.330 AND RESPECTFULLY AS THIS COURT

01:24 - 10.060 HAS HELD IT IS NOT REPORTS THAT

01:24 - 12.050 BY INTERPRETATION OF A STATUTE.

01:24 - 13.450 A REQUIREMENT WHICH THE

01:24 - 15.570 LEGISLATURE DID NOT SEE FIT TO

01:24 - 16.600 HIT THE BALL.

01:24 - 19.170 >>IF IT

01:24 - 22.750 DURING THE Q A SHOULD THE IRI

01:24 - 24.540 PUBLIC SCHOOL CODE OR THANK YOU

01:24 - 26.850 FOR YOUR TIME. IF THE SCHOOL

01:24 - 29.420 DISTRICT PROVIDE. FREE

01:24 - 32.110 TRANSPORTATION TO REZA

01:24 - 34.070 YOU FALL UP TO A

01:24 - 36.430 TOWN HALL. IT MUST PROVIDE

01:24 - 38.160 IDENTICAL PROVISION FOR FREE

01:24 - 40.590 TRANSPORTATION OF PEOPLE WITH

01:24 - 42.880 HIM NONPUBLIC SCHOOL, NOT

01:24 - 45.640 OPERATED FOR PROFIT. ANOTHER

01:24 - 47.150 PRIVATE SCHOOL.

01:24 - 50.880 REGIME. TRANSPORTATION OF

01:24 - 54.270 WILKINSBURG DO. BUT. CHARTER

01:24 - 56.460 STUDENTS DO NOT END THERE,

01:24 - 57.860 PUBLIC. WELL IT.

01:24 - 01.330 >>THAT IS CORRECT IF BE

01:25 - 05.480 1361 REQUIRES THE DISTRICT

01:25 - 06.650 PROVIDE IDENTICAL KNOW THE

01:25 - 09.510 TRANSPORTATION. THAT PROVIDES

01:25 - 11.260 ITS OWN STUDENTS. SO YES.

01:25 - 12.850 >>WILKINSBURG IS REQUIRED TO

01:25 - 13.370 PROVIDE.

01:25 - 16.500 WHY WOULD THEY IF THERE IS AN

01:25 - 17.900 AMBIGUITY HERE WHY WOULD THE

01:25 - 18.830 LEGISLATURE MAKE

01:25 - 21.180 THAT DISTINCTION AND SAY YOU

01:25 - 22.590 CAN TREAT PRIVATE SCHOOL

01:25 - 24.750 STUDENT. NO DIFFERENTLY THAN

01:25 - 26.220 YOU TREAT YOUR OWN GOOD, BUT

01:25 - 27.650 YOU CAN DO IT YOU WANT WITH.

01:25 - 31.470 HER TO AS LONG AS THAT FREE.

01:25 - 34.450 >>I DO NOT

01:25 - 35.370 NECESSARILY KNOW THE

01:25 - 38.420 LEGISLATURE'S INTENT. I DO

01:25 - 40.010 KNOW THAT YOU KNOW

01:25 - 41.120 THE DISTRICTS ARE REQUIRED TO

01:25 - 42.750 PROVIDE FREE TRANSPORTATION TO

01:25 - 44.150 EVERYBODY IN THE LEGISLATURE

01:25 - 45.680 GIVES HIM SOME LEEWAY IN DOING

01:25 - 46.000 RIGHT.

01:25 - 48.070 >>I DO

01:25 - 48.960 KNOW THAT.

01:25 - 52.560 >>THE 1316 1361 REQUIREMENT

01:25 - 52.900 USED TO

01:25 - 54.640 BE INCORPORATED INTO THE

01:25 - 55.950 CHARTER SCHOOL LAW THAT THE

01:25 - 57.220 LEGISLATURE INTENTIONALLY

01:25 - 58.680 REMOVED IT AND REPLACE IT WITH

01:25 - 00.040 A FREE TRANSPORTATION.

01:26 - 05.610 I DON'T NECESSARILY KNOW, BUT I

01:26 - 07.140 DO KNOW THAT THE LEGISLATURE

01:26 - 08.320 INTENTIONALLY REMOVED.

01:26 - 08.930 >>THAT

01:26 - 10.980 REQUIREMENT AMASSING HUGE A

01:26 - 13.210 HEAD EXPLAIN THEIR REASONS, I'M

01:26 - 15.080 JUST THINKING ABOUT IT IF WE'RE

01:26 - 17.860 PAYING MORE THAN AMBIGUITY AND

01:26 - 20.890 A LOT OF TIME. HURRICANE HERE.

01:26 - 24.870 SHOULD WE ALSO CONSIDER THE

01:26 - 28.370 FACT THAT BUT THE SAME LAW THE

01:26 - 30.350 PUBLIC SCHOOL CODE. RICE

01:26 - 32.170 SAID THE WELL THAT MIGHT

01:26 - 33.450 PROVIDE IDENTICAL

01:26 - 35.670 TRANSPORTATION TO PRIVATE AND

01:26 - 36.800 PUBLIC GOOD.

01:26 - 39.140 EXCEPT FOR ONE CATEGORY OF

01:26 - 40.140 PUBLIC TUNES

01:26 - 45.720 ANYTHING GOES AND ONE OF THE

01:26 - 46.090 FREE.

01:26 - 48.480 >>NO I BELIEVE THAT.

01:26 - 52.910 >>SECTION 1361, SO YES, SECTION

01:26 - 55.750 1361. I THINK REVERSED AND WHAT

01:26 - 57.310 IT PROVIDES ITS OWN RESIDENT

01:26 - 58.770 STUDENTS IN THAT MUST BE

01:26 - 00.710 IDENTICAL TO WHAT PROVIDES TO

01:27 - 02.460 THE PRIVATE SCHOOL STUDENTS.

01:27 - 05.280 CHARTER SCHOOL IT'S THEIR

01:27 - 06.720 PUBLIC SCHOOLS THAT THEY ARE SO

01:27 - 07.480 THEY ARE DIFFERENT.

01:27 - 10.360 AND I THINK YOU KNOW 1726 IS

01:27 - 12.450 WHAT ADDRESSES THEM DIRECTLY

01:27 - 12.840 AND ON.

01:27 - 16.110 >>MISTER WELCOME YOU TO THE

01:27 - 17.250 MEDIA I WOULD MAKE SURE I

01:27 - 18.680 UNDERSTAND THE FACTOR THOUGH

01:27 - 22.280 YOU YOUR SCHOOL DISTRICT IS NOT

01:27 - 25.110 PROVIDING IDENTICAL SERVICE TO

01:27 - 26.770 CERTAIN STUDENTS ATTENDING

01:27 - 28.160 NONPUBLIC SCHOOLS ISN'T THAT

01:27 - 28.630 CORRECT.

01:27 - 31.320 >>I BELIEVE

01:27 - 33.420 THE TRIAL COURT FOUND THAT AND

01:27 - 35.820 I BELIEVE THAT OUR WITNESS AND

01:27 - 38.660 TESTIFY THAT PROCURES HOLES

01:27 - 40.540 WE'RE RECEIVING BUS PASSES.

01:27 - 41.950 BUT I DON'T THINK THAT IS

01:27 - 44.030 FACTUALLY ACCURATE. I KNOW THAT

01:27 - 46.350 RECENTLY THEY HAVE PROVIDED

01:27 - 47.370 IDENTICAL TRANCE THEY

01:27 - 49.170 HAVE PROVIDED PRIVATE BUS

01:27 - 50.490 TRANSPORTATION TO CERTAIN

01:27 - 54.070 PAROCHIAL SCHOOL THE TRIAL

01:27 - 54.580 COURT FOUND.

01:27 - 57.210 >>YEAH THAT'S WHAT I WAS THAT I

01:27 - 59.100 WAS ACCEPTING THAT BY BEING IN

01:27 - 00.850 YOU ABOUT MY QUESTION IN LIGHT

01:28 - 02.270 OF YOUR ANSWER BUT I

01:28 - 04.030 GET I GET YOUR POSITION THAT IS

01:28 - 05.180 BECAUSE THE LEGISLATURE

01:28 - 06.710 SPECIFICALLY REMOVE THE CROSS

01:28 - 07.120 REVEREND

01:28 - 11.300 1361. AND THERE ARE 61 IS WHERE

01:28 - 12.550 THE WORD IDENTICAL EXIST.

01:28 - 14.790 AND THE GENERAL ASSEMBLY

01:28 - 16.150 PROVIDED ALTERNATIVE LANGUAGE

01:28 - 17.140 OF THE CHARTER SCHOOL A LOT

01:28 - 18.930 WITH REGARD TO TRANSPORTATION.

01:28 - 20.850 YOU'RE SAYING THAT THERE'S A

01:28 - 21.270 CHANGE

01:28 - 24.350 AND INTEND AND THAT CHANGE AND

01:28 - 24.920 HAVE HAVE

01:28 - 27.500 TO THEREFORE LEAD TO A CHANGE

01:28 - 29.000 IN THE RESULT IS REGARD WITH

01:28 - 30.820 REGARD TO LAST KOHR ROYER.

01:28 - 34.940 >>I BELIEVE SO FIRST WE THINK

01:28 - 36.450 THE LANGUAGE HAS WRITTEN THIS

01:28 - 37.820 CLEAR AND UNAMBIGUOUS BUT IF

01:28 - 39.120 YOU DO LOOK TO LEGISLATIVE

01:28 - 40.460 INTENT AND TRY TO INTERPRET THE

01:28 - 42.830 STATUTE. I THINK THE AMENDMENTS

01:28 - 44.530 AND FROM THIS BY THE ROOM,

01:28 - 46.040 NOT ONLY OF THE REFERENCE TO

01:28 - 49.170 SECTION 1361. BUT WITH RESPECT

01:28 - 50.960 TO HER SCHOOL

01:28 - 53.470 STUDENTS ATTENDING ARE SCHOOLS

01:28 - 54.750 IN THE DISTRICT BOUNDARIES,

01:28 - 56.290 REMOVING THE SAME TERMS AND

01:28 - 57.640 CONDITIONS LANGUAGE AS WELL

01:28 - 58.730 REPLACING WITH FREE

01:28 - 00.100 TRANSPORTATION FOR ALL.

01:29 - 02.340 >>I HAVE TO SAY I HAVE TO I

01:29 - 03.960 HAVE TO JUST COMPANY BRIEFLY

01:29 - 04.510 BECAUSE

01:29 - 09.040 I'M TAKEN BY THE STATE THE

01:29 - 10.640 ARGUMENT, I'M NOT SURE.

01:29 - 14.840 WELL PERSONALLY I WOULDN'T WANT

01:29 - 16.420 TO PUT MY KIDS OUT OF PUBLIC

01:29 - 19.300 SCHOOL BUS TO BE YOU KNOW

01:29 - 19.600 SCHOOL

01:29 - 22.010 DRIVERS HAVE PUBLIC SCHOOL

01:29 - 23.250 DRIVERS HAVE ALL THE CLEARANCES

01:29 - 23.410 THAT

01:29 - 25.920 ARE REQUIRED. YOU'RE THERE WITH

01:29 - 27.230 THE STUDENT POPULATION THERE,

01:29 - 29.150 CERTAIN REGULATIONS THAT APPLY

01:29 - 29.290 TO

01:29 - 32.410 SCHOOL BUSES. I DON'T KNOW I

01:29 - 33.450 DON'T KNOW ASSUMING YOUR

01:29 - 34.760 BREAKFAST AND THAT RECORD IS

01:29 - 35.360 CORRECT.

01:29 - 38.080 THAT IT'S COOL THAT YOU CAN

01:29 - 40.110 JUST SAY HEY HOP ON YOUR NEAR

01:29 - 42.950 THE BUS. STARTING TO SET THE

01:29 - 44.000 PHILADELPHIA'S COMPLETELY

01:29 - 47.610 DIFFERENT. NEAR YOUR PORT

01:29 - 50.250 AUTHORITY BUS OR A CAT

01:29 - 51.140 IN HARRISBURG WOULD

01:29 - 55.580 AND GET TO SCHOOL IF GOD FORBID

01:29 - 58.990 SOMETHING WOULD AND I WONDER

01:29 - 01.180 WHAT THE EXPOSURE WOULD BE TO

01:30 - 02.090 THE SCHOOL DISTRICT.

01:30 - 05.090 THE SHOOTING, REPUBLICAN VANS

01:30 - 06.710 VERSUS THE SAFETY OF THE SCHOOL

01:30 - 07.100 BUS.

01:30 - 13.880 >>OUR POSITION, YOUR HONOR IS

01:30 - 16.390 THAT BE LEGISLATURE.

01:30 - 19.280 SO FOR THE SAFETY FACTORS

01:30 - 20.910 TO BE CONSIDERED IN SECTION

01:30 - 22.850 1362 OF THE SCHOOL CODE.

01:30 - 25.320 >>THEY POINT MISTER BOLTON.

01:30 - 26.940 BUT TO THAT POINT SOMETHING HE

01:30 - 27.690 SAID EARLY IN

01:30 - 29.830 THE ARGUMENT THAT YOU BELIEVE

01:30 - 31.150 IT WAS THE BURDEN OF THE

01:30 - 33.240 CHARTER SCHOOL WAS ESTABLISHED

01:30 - 35.820 HAZARDOUS CONDITIONS. AND

01:30 - 37.820 WELCOME TO BURDEN DID NOT OWN

01:30 - 39.390 THAT BURDEN OF YOU WILL.

01:30 - 41.010 YEAH BUT SEE YOU'RE

01:30 - 43.370 NOT SAFETY. WHAT CAN WHAT

01:30 - 45.400 CONCERNS ME IS SOMEWHERE POINT

01:30 - 47.210 TO JUDGE DROPS IN WHICH HE IS.

01:30 - 50.440 THERE SEEMS TO BE A REAL LACK

01:30 - 51.630 OF EVIDENCE ON THE

01:30 - 54.740 DETERMINATION OF WHETHER OR NOT

01:30 - 56.170 EVEN IF YOU HAVE A NARROW

01:30 - 56.740 READING OF

01:30 - 58.530 WHAT THE CONDITIONS SAME

01:30 - 00.720 CONDITIONS MEAN THEY'RE STILL

01:31 - 02.500 EXPENSIVE LANGUAGE THAT

01:31 - 06.080 GOES TO. ENSURING THAT THOSE

01:31 - 07.050 STUDENTS CLOSE TO

01:31 - 10.150 THE SCHOOL HAVE A DETERMINATION

01:31 - 13.400 ABOUT SEE BE MADE. THAT NOT THE

01:31 - 14.730 BURDEN OF WILKINSBURG.

01:31 - 20.060 >>THIS SCORE AND ABRAHAMS

01:31 - 23.310 VERSUS WALL IMPACT. HELD

01:31 - 25.260 THAT BE HAZARD CLAUSE OF

01:31 - 28.540 SECTION 1362 DOES NOT IS NOT

01:31 - 30.550 A RISE UNLESS THE 3RD IS

01:31 - 32.170 CERTIFIED BY PENNDOT AND

01:31 - 33.430 BELIEVE WE DECIDED THAT ARE

01:31 - 36.030 VERY SO AND I MUST MAKE

01:31 - 37.610 THIS DETERMINATION.

01:31 - 39.620 >>BUT NOBODY APPLE AND GOT TO

01:31 - 40.050 MAKE THAT

01:31 - 42.130 DETERMINATION RIGHT. YOU'RE

01:31 - 43.850 WELCOME TO BURDEN EVER AT THE

01:31 - 46.970 DEPARTMENT OF EDUCATION OR TO

01:31 - 48.860 MAKE A DETERMINATION ON SAFETY.

01:31 - 51.530 >>THE TRIAL COURT

01:31 - 53.180 ADOPTED OUR FINDING OF FACT

01:31 - 55.930 NUMBER 29 WHICH WE SAY THAT THE

01:31 - 57.810 DISTRICT DID INVESTIGATE AND

01:31 - 59.930 CAN EARN. PENN DOT HAS NOT

01:31 - 01.360 DECLARED ANY SUCH WALKING

01:32 - 03.060 ROUTES HAZARDOUS. AND THE

01:32 - 04.930 REASON THE DISTRICT. IT LOOK

01:32 - 06.970 INTO THIS BECAUSE IF THE

01:32 - 08.700 WALKING ROUTE IS HAZARDOUS,

01:32 - 10.210 YOU'RE REIMBURSEMENT RATE.

01:32 - 11.540 THOSE UP SO

01:32 - 13.020 THE DISTRICT HAS TO PROVIDE

01:32 - 14.250 TRANSPORTATION BECAUSE THE

01:32 - 15.230 ROUTE IS HAZARDOUS.

01:32 - 17.970 >>THE REIMBURSEMENT FROM STATE

01:32 - 19.070 INCREASES SO

01:32 - 20.360 I BELIEVE THE TRIAL COURT

01:32 - 21.820 CORRECTLY FOUND THAT THE

01:32 - 23.360 DISTRICT DID INVESTIGATE THIS.

01:32 - 25.760 AND THAT THERE WERE NO.

01:32 - 28.320 CERTIFIED HAZARDOUS ROUTES.

01:32 - 30.010 >>BUT THAT'S ALL I WANT AND ONE

01:32 - 31.680 OF THEM IS SITUATION THOSE THE

01:32 - 32.960 SCHOOL DISTRICT HAVE ANY

01:32 - 36.150 OBLIGATION TO ENSURE THE SAFETY

01:32 - 37.600 OF ITS STUDENTS GETTING TO

01:32 - 38.890 SCHOOL WHETHER IT BE.

01:32 - 42.350 >>DISTRICT SCHOOL OR A CHARTER

01:32 - 42.760 SCHOOL.

01:32 - 45.800 >>AND I BELIEVE THAT

01:32 - 47.280 THE LEGISLATURE HAS MADE THIS

01:32 - 48.530 ANALYSIS AND I BELIEVE THAT THE

01:32 - 49.840 SCHOOL DISTRICT DID LOOK INTO

01:32 - 50.040 IT IN

01:32 - 50.670 THIS CASE.

01:32 - 53.730 >>HOW A 5 YEAR-OLD IS GOING TO

01:32 - 56.430 GET ON A PUBLIC BUS AND GET HIM

01:32 - 57.700 OR HERSELF TO SCHOOL.

01:32 - 59.790 WHETHER IT REQUIRES ONE

01:32 - 01.470 TRANSFERRED TO TRANSFERS.

01:33 - 06.320 YOU THAT THE SCHOOL DISTRICT

01:33 - 08.010 SCENARIOS.

01:33 - 11.050 I'M SORRY I'M A MISUNDERSTOOD

01:33 - 11.860 THE QUESTION

01:33 - 12.240 ALL DAY.

01:33 - 14.390 >>AS THE SCHOOL DISTRICT LOOKED

01:33 - 16.520 INTO HOW EVERY CHARTER

01:33 - 18.730 SCHOOL STUDENT. IT'S GETTING TO

01:33 - 20.250 SCHOOL NEAR PUBLIC

01:33 - 22.080 TRANSPORTATION AND THE SAFETY

01:33 - 22.630 OF THEIR OWN.

01:33 - 26.160 >>THE DISTRICT AT TRIAL

01:33 - 28.220 SUBMITTED EVIDENCE SHOWING THAT

01:33 - 30.010 EACH STUDENT ATTENDING

01:33 - 32.600 PROPEL SCHOOLS. WOULD MEET THE

01:33 - 34.200 SAFETY REQUIREMENTS SET FORTH

01:33 - 36.090 IN SECTION 13 6 THE SCHOOL

01:33 - 38.180 SAID. NO HAZARDOUS ROUTES ALL

01:33 - 39.880 WALKING DISTANCE I'LL HAVE.

01:33 - 41.150 >>AND.

01:33 - 43.320 >>THERE'S NO EVIDENCE PUT ON

01:33 - 44.770 THIS AS WITH RESPECT TO

01:33 - 47.310 SHELTERS BECAUSE I JUST DID NOT

01:33 - 48.370 RAISE IT. THE CASE.

01:33 - 50.590 THE TRIAL COURT FOUND THAT

01:33 - 51.570 THERE'S NO SHOWING THAT THEIR

01:33 - 53.160 WORK. THERE ARE SHELTERS

01:33 - 53.870 WERE NECESSARY.

01:33 - 55.820 >>BUT FOR THE COUNCIL SAID THAT

01:33 - 57.200 SOME OF THESE STUDENTS HAVE TO

01:33 - 58.100 MAKE ONE OR 2.

01:33 - 59.330 TRANSFERS.

01:33 - 00.890 >>THAT IS SURE TO GET THE

01:34 - 02.050 CERTAIN SCHOOL DISTRICTS THERE

01:34 - 03.100 NEEDS TO BE AT LEAST ONE

01:34 - 04.980 TRANSFER IN THE VAST MAJORITY

01:34 - 05.940 OF CASES, ONE.

01:34 - 10.920 AN ALLEGHENY COUNTY SINCE AT

01:34 - 13.070 LEAST 19 7 2.

01:34 - 16.210 >>TRANSFERS THE A COMMON

01:34 - 17.770 CARRIER HAVE BEEN ACCEPTED

01:34 - 18.600 THERE'S A CASE.

01:34 - 21.380 >>AND B.

01:34 - 24.110 >>VERSUS STILL VALLEY THAT CASE

01:34 - 25.990 INVOLVED TRANSFERS AND THE

01:34 - 28.050 TRIAL COURT IN THIS COURT DID

01:34 - 28.990 NOT RAISE ANY

01:34 - 31.200 >>BUT WITH ALL DUE RESPECT

01:34 - 32.710 COUNCIL, THE WORLD IS A LOT

01:34 - 34.130 DIFFERENT TODAY THAN IT WAS IN

01:34 - 35.580 1972.

01:34 - 38.160 SO I GO BACK TO MY ORIGINAL

01:34 - 39.820 QUESTION HAS THE SCHOOL

01:34 - 42.230 DISTRICT LOOK AND HOW EVERY

01:34 - 43.390 CHILD WHO NEEDS TO BE

01:34 - 45.180 TRANSFERRED BY COMMON CARRIER

01:34 - 47.420 TO ENSURE THE SAFETY OF THAT

01:34 - 47.920 CHILD.

01:34 - 52.690 >>THE DISTRICT HAS NOT TAKEN AN

01:34 - 54.550 INVESTIGATION INTO EVERY TRIAL

01:34 - 56.340 EVERY CHILD HOWEVER, IT

01:34 - 57.760 IS AWARE WHERE THE TRANSFERS

01:34 - 00.050 CAN BE. AND IT HAS THAT IT

01:35 - 01.260 SUBMITTED EVIDENCE SHOWING

01:35 - 03.430 WHERE THESE TRANSFERS ARE FOR

01:35 - 04.050 EACH CASE.

01:35 - 07.610 >>MISTER BOTH OF MORE

01:35 - 09.800 I SPENT ON THAT JUST BROKEN SO

01:35 - 11.200 IF YOUR CHILD IS INJURED.

01:35 - 12.490 >>OR.

01:35 - 13.700 >>IN SOME WAY.

01:35 - 19.010 A DRIVER OR PASSENGER IN A

01:35 - 19.350 PUBLIC

01:35 - 21.010 SCHOOL BUS. WELL THE SCHOOL

01:35 - 22.900 DISTRICT HAVE LIABILITY IN

01:35 - 24.020 KNOWING THAT ALL THESE

01:35 - 25.850 CIRCUMSTANCES OR FORESEEABLE.

01:35 - 31.740 >>I MEAN I THINK THE DISTRICT'S

01:35 - 33.380 LIABILITY WOULD BE THE SAME AS

01:35 - 34.150 TO WHETHER A

01:35 - 35.720 CHILD DIED, YOU KNOW LEFT ON A

01:35 - 37.460 SCHOOL BUS BY A BUS DRIVER

01:35 - 38.300 SOMETHING THAT HAPPENED IN

01:35 - 40.400 THOSE SITUATIONS. THE SCHOOL

01:35 - 41.700 DISTRICT IS AWARE OF WHAT IT'S

01:35 - 43.380 DOING IN THE SCHOOL DISTRICT.

01:35 - 46.870 IS PREPARED TO

01:35 - 48.780 ADDRESS ANY FUTURE CLAIMS BUT

01:35 - 49.940 THE SCHOOL DISTRICT BELIEVES IT

01:35 - 50.270 IS.

01:35 - 52.650 FOLLOWING THE SPIRIT AND THE

01:35 - 54.060 LETTER OF THE LAW CREATED BY

01:35 - 55.530 THE LEGISLATURE WOULD RESPECT

01:35 - 57.290 FOR WRITING IN TRANSPORTATION.

01:36 - 06.810 >>I'M NOT I'M I'M NOT SURE

01:36 - 08.240 THEY CAN THAT I WAS GOING TO

01:36 - 10.080 ASK YOU A QUESTION ABOUT AGAIN

01:36 - 11.190 TRYING TO FIGURE OUT.

01:36 - 13.790 THAT HOPEFULLY THIS WASN'T JUST

01:36 - 14.790 A MONEY DECISION.

01:36 - 17.660 THAT THAT PERHAPS THE SCHOOL

01:36 - 18.880 DISTRICT HAS SOME SORT OF AN

01:36 - 21.590 AGREEMENT. WE'RE ARRANGEMENT

01:36 - 25.080 WHERE THE PORT AUTHORITY WITH

01:36 - 26.200 REGARD TO THEIR

01:36 - 28.320 HANDLING OF THESE 2 TONS

01:36 - 29.950 OF THE STUDENTS SAFETY THAT

01:36 - 32.000 IT'S NOT JUST A MATTER OF THE

01:36 - 33.700 YEAR BY A BUNCH ABOUT HALF OF

01:36 - 34.930 THEM HAD ABOUT THAT THERE'S

01:36 - 35.810 SOMETHING THAT THE SCHOOL

01:36 - 38.810 DISTRICT HAS DIED. SIDE

01:36 - 40.270 AGREEMENT SOMETHING LIKE THAT

01:36 - 41.710 YOU HAVE ANYTHING LIKE THAT MR.

01:36 - 42.090 BOWLES.

01:36 - 44.940 >>NO THERE'S NO SIGNED

01:36 - 45.770 AGREEMENT WITH THE PORT

01:36 - 46.130 AUTHORITY.

01:36 - 49.050 >>AND MY ONLY OTHER

01:36 - 51.080 QUESTION WAS DID VERIFY IN

01:36 - 52.360 TERMS OF THE ONE AND A HALF AND

01:36 - 55.120 2 AND A HALF MILES WITHIN

01:36 - 57.110 THE SCHOOL. ITS GOAL IS TO

01:36 - 59.110 PROVIDE TRANSPORTATION TO ALL

01:36 - 00.070 STUDENTS IN THE DISTRICT

01:37 - 01.110 REGARDLESS OF WHETHER THERE'S

01:37 - 02.170 HAZARDOUS CONDITIONS.

01:37 - 07.070 >>I'M TRYING TO.

01:37 - 10.630 >>PROVIDING TRANSPORTATION TO

01:37 - 12.420 DO THAN TO HAVE LESS THAN ONE

01:37 - 14.420 AND A HALF MILE FROM THEIR

01:37 - 15.300 SCHOOL.

01:37 - 18.800 WE'RE GONNA BE A BIG PART OF

01:37 - 20.140 THE WALK THERE SAFELY

01:37 - 21.280 REGARDLESS OF HAUSER'S

01:37 - 21.990 CONDITION RIGHT.

01:37 - 24.340 >>I BELIEVE THAT THE SCHOOL

01:37 - 25.660 DISTRICT IS PROVIDING

01:37 - 27.840 TRANSPORTATION REGARDLESS OF.

01:37 - 31.670 >>IT WAS AN ATTACK IT'S SO SO

01:37 - 33.890 THAT'S REALLY NOT AN ISSUE ANY

01:37 - 35.240 HAZARDOUS MISTER THINGS LIKE

01:37 - 36.490 THAT THE BOTTOM LINE IS YOU'RE

01:37 - 38.100 PROVIDING TRANSPORTATION TO

01:37 - 39.460 EVERY STUDENT IN THE SCHOOL

01:37 - 41.130 DISTRICT REGARD TO HOW CLOSE OR

01:37 - 42.450 HOW FAR THEY ARE IT WOULD BE

01:37 - 43.810 SECTION OF THE 10 MILE

01:37 - 46.700 RADIUS. THE REAL QUESTION IS

01:37 - 47.960 QUOTE WHETHER THEY HAVE YET TO

01:37 - 48.410 PROVIDE

01:37 - 50.980 THE SAME. TRANSPORTATION AND

01:37 - 51.140 YOUR

01:37 - 54.450 POSITION IS YOU KNOW A 36 TO

01:37 - 56.230 ONE DOESN'T APPLY IN THE SCHOOL

01:37 - 57.550 BOARD ALLOWED US TO ESSENTIALLY

01:37 - 58.760 CHOOSE BETWEEN.

01:38 - 00.870 PUBLIC SAID THE

01:38 - 03.400 SCHOOL BUS. I'M A PRIVATE

01:38 - 05.140 CONVEYANCE REPUBLICAN BACKS AND

01:38 - 07.110 THEN WE CHOSE IN PUBLIC AND AN

01:38 - 08.350 ART ART SCHOOL STUDENTS.

01:38 - 13.350 >>SO HOW IS IT THAT THE SCHOOL

01:38 - 15.280 DISTRICT IS LIVING THE SPIRIT

01:38 - 17.470 OF THE LAW BY PROVIDING A

01:38 - 19.510 BETTER TREATMENT. THOSE

01:38 - 21.310 STUDENTS ARE ONLY BEEN TITLED

01:38 - 23.870 TO BUSTER AND YOU KNOW PRIVATE

01:38 - 25.600 HARRY TRANSPORTATION.

01:38 - 28.110 IT ALMOST SEEMS LIKE THE

01:38 - 28.820 DISTRICT IS IT.

01:38 - 30.090 YOU KNOW INTENTIONALLY DID

01:38 - 32.140 MAKING A CONSCIOUS DECISION TO

01:38 - 33.740 DISCRIMINATE AGAINST A CHARTER

01:38 - 34.620 SCHOOL STUDENTS.

01:38 - 37.520 >>I DO NOT BELIEVE THAT THE

01:38 - 38.950 DISTRICT IS MAKING A CONSCIOUS

01:38 - 40.270 DECISION TO DISCRIMINATE

01:38 - 42.490 AGAINST CHARTER SCHOOL THE

01:38 - 45.100 DISTRICT. HOW HIRED

01:38 - 46.800 A CONSULTANT TO REVIEW ITS

01:38 - 48.370 TRANSPORTATION POLICY THE

01:38 - 50.100 CONSULTANT DEMONSTRATED TO

01:38 - 50.550 THEM.

01:38 - 52.300 >>THAT I.

01:38 - 54.610 >>PROVIDING BUS PASSES TO

01:38 - 55.780 CHARTER SCHOOL STUDENTS WOULD

01:38 - 57.010 NOT ONLY REDUCE

01:38 - 59.250 ITS COST. BUT IT WOULD ALSO

01:38 - 01.490 INCREASE IN SO A SUBSIDY FROM

01:39 - 03.520 STATE. SO IT WAS

01:39 - 05.780 A RECOMMENDATION. THEY BUY IN

01:39 - 08.290 PSALM. ANIMOSITY TOWARDS

01:39 - 09.600 CHARTER SCHOOLS WAS LOT

01:39 - 10.380 CONSIDERED.

01:39 - 12.600 IT WAS IN MANY RESPECTS A

01:39 - 14.580 FINANCIAL CONSIDERATION.

01:39 - 16.580 IN ADDITION, MANY BUSES GOING

01:39 - 18.040 TO THE CHARTER SCHOOLS OR HOW

01:39 - 19.220 OR AND

01:39 - 21.490 IT WAS NOT AN EFFICIENT USE OF

01:39 - 22.320 THE DISTRICT'S LIMITED

01:39 - 22.910 RESOURCES.

01:39 - 25.210 >>IS THERE A COST OF

01:39 - 27.420 TRANSPORTING STUDENTS THAT ARE

01:39 - 29.300 THAT LIVE WITHIN A MILE AND A

01:39 - 30.220 HALF OF THE SCHOOL.

01:39 - 34.770 >>AND THAT IS PARTIALLY

01:39 - 35.290 REIMBURSED.

01:39 - 37.560 >>WHAT ABOUT THE COST OF

01:39 - 38.770 TRANSPORTING STUDENTS WHO LIVE

01:39 - 40.580 IN THE DISTRICT BUT ATTENDED A

01:39 - 42.700 SCHOOL IN ANOTHER DISTRICT.

01:39 - 47.590 >>ANOTHER PRIVATE SCHOOL.

01:39 - 50.300 A PAROCHIAL SCHOOL.

01:39 - 52.550 WELL TO BE REQUIRED TO PROVIDE

01:39 - 53.610 TRANSPORTATION FOR THEM

01:39 - 55.530 AS WELL, CORRECT THAT IT WAS

01:39 - 56.800 THERE AN EXAMINATION OF THE

01:39 - 58.290 COST ASSOCIATED WITH THAT.

01:40 - 03.050 >>THERE WAS AN OVERVIEW OF THE

01:40 - 04.180 DISTRICT'S ENTIRE

01:40 - 05.480 TRANSPORTATION, CLEAR THEY

01:40 - 06.860 BELIEVE IT WAS SUBMITTED INTO

01:40 - 07.460 EVIDENCE.

01:40 - 09.540 >>BUT WELL I THINK LOOK

01:40 - 10.150 AT EVERYTHING.

01:40 - 11.730 >>AND ONE OF THE

01:40 - 13.140 RECOMMENDATIONS FROM THE

01:40 - 14.640 CONSULTANT WAS THE ISSUANCE OF

01:40 - 15.770 BUS PASSES WHERE.

01:40 - 23.430 >>ALL RIGHT MISTER STRASSBURGER

01:40 - 24.560 YOU HAVE 2 MINUTES.

01:40 - 28.170 >>WITH RESPECT

01:40 - 30.090 TO THEIR NOT BEING IN AGREEMENT

01:40 - 31.250 WITH THE PORT AUTHORITY OF

01:40 - 33.050 ALLEGHENY COUNTY THAT IS

01:40 - 34.590 SOMETHING THAT IS SPECIFICALLY

01:40 - 36.030 REQUIRED UNDER

01:40 - 38.320 BOARD OF EDUCATION REGULATIONS,

01:40 - 39.760 23.2

01:40 - 42.450 PARAGRAPH 7. WHERE IT SAYS THE

01:40 - 43.900 DISTRICT IS RESPONSIBLE FOR

01:40 - 45.640 NEGOTIATION AND EXECUTION OF

01:40 - 48.210 AGREEMENTS WITH COMMON CARRIERS

01:40 - 49.680 AND MUST SMITH PERTINENT

01:40 - 51.270 DOCUMENTS TO THE DEPARTMENT FOR

01:40 - 53.410 PROOF THAT WASN'T DONE IN THIS

01:40 - 53.890 CASE.

01:40 - 55.410 >>I'M NOT SURE THIS IS THE

01:40 - 56.730 PLACE THAT I'M NOT SURE THIS IS

01:40 - 58.010 THE PLACE TO VINDICATE THAT

01:40 - 58.810 WE'RE GOING TO FEEL FROM THE

01:40 - 00.580 COURT OF COMMON PLEAS NOT YOU

01:41 - 01.660 DID YOU TAKE THAT TO THE

01:41 - 02.630 DEPARTMENT OF EDUCATION.

01:41 - 05.820 >>APPRECIATE

01:41 - 09.220 THAT IRAN, I'M ONLY SUGGESTING

01:41 - 11.370 THAT THE WE RAISE THAT ISSUE

01:41 - 12.510 BELOW HAD

01:41 - 14.950 THE ANSWER WE GOT WAS WHEN WE

01:41 - 16.870 SUBMIT YOUR INVOICE THAT'S

01:41 - 18.370 APPROVAL BY THE DEPARTMENT OF

01:41 - 20.360 EDUCATION WHEN THEY CAME.

01:41 - 21.840 WE DISAGREE WITH.

01:41 - 24.910 FURTHER MISTER LIBURD OTHER

01:41 - 27.240 BUSINESS MANAGER IN TESTIFIED

01:41 - 28.970 THAT COST WAS THE ONLY FACTOR.

01:41 - 30.840 THERE WASN'T ANY SAFETY

01:41 - 31.790 CONSIDER EACH.

01:41 - 34.690 I DON'T

01:41 - 36.760 KNOW WHAT THIS IS CERTAINLY TO

01:41 - 39.210 MAKE OF MY MY COLLEAGUES

01:41 - 42.200 COMMENT THAT THE. THIS WITNESS

01:41 - 43.360 TESTIFIED THAT.

01:41 - 46.120 ROADKILL AND PRIVATE SCHOOLS

01:41 - 48.110 GET BUS PASSES HAS IT.

01:41 - 50.000 STUDENTS GET BUS PASSES.

01:41 - 51.220 ENDED.

01:41 - 54.110 COURTNEY THAT FINDING BUT IT

01:41 - 56.180 WAS WRONG BECAUSE WE REALLY

01:41 - 58.000 IF THE PRIVATE SCHOOL BUSING.

01:41 - 00.870 IT SOUNDS TO ME LIKE A.

01:42 - 06.890 CHARTER SCHOOL STUDENTS THAT

01:42 - 08.470 THEY ARE FOR DISCRIMINATING

01:42 - 10.840 AGAINST CHARTER SCHOOLS WITHOUT

01:42 - 12.040 REGARD TO ANY SAFETY

01:42 - 14.430 CONSIDERATIONS. FINALLY I WOULD

01:42 - 16.370 JUST ADD THAT IF THE COURT

01:42 - 17.860 WANTS TO SEE WHAT WE'RE TALKING

01:42 - 19.970 ABOUT NOW PRICES. THIS

01:42 - 22.930 TRANSPORTATION PROGRAM IS IN

01:42 - 25.160 THE REPRODUCE RECORD WE'RE 50

01:42 - 28.770 TO 4.62. AS WELL AS 13 '05

01:42 - 30.580 AND FOLLOWING. YOU'LL SEE THE

01:42 - 32.140 BUS ROUTES AND THE.

01:42 - 34.640 IMPOSED UPON

01:42 - 37.430 E FOR STUDENTS WHO HAVE TO TAKE

01:42 - 39.910 ONE MAYBE 2 TRANSFERS GET TO

01:42 - 40.680 SCHOOL EACH DAY.

01:42 - 43.630 >>THE FACT WHAT PAGES.

01:42 - 46.780 >>IT WAS EXHIBIT

01:42 - 49.210 TO REPRODUCE RECORD FOR 50 TO

01:42 - 52.320 4.62. THAT WAS OUR NOTES

01:42 - 55.410 AND THEN 13 TO THE END

01:42 - 57.900 WAS THE DISTRICT'S EVIDENCE.

01:42 - 00.500 WE ASK FOR THE JUDGMENT TO BE

01:43 - 02.480 REVERSED. YEAH WITH

01:43 - 03.770 INSTRUCTIONS FOR A PERMANENT

01:43 - 05.100 INJUNCTION EVEREST.

01:43 - 12.830 >>THAT CONCLUDES THE ARGUMENT

01:43 - 16.720 ON NUMBER 16. THANK YOU JOHN.

01:43 - 52.100 >>THAT

01:43 - 55.560 NUMBER 16 WANT TO.

01:43 - 58.890 EDWARD O'DONNELL BERTHA THE

01:43 - 02.130 ALLEGHENY COUNTY. NORTHAM.

01:44 - 05.090 >>AN ELECTION COMMITTEE MEMBER

01:44 - 07.930 OR A FOX. APPLE. WE'RE HERE

01:44 - 10.690 INDIVIDUAL INCOME TAX.

01:44 - 13.530 IF YOU RELATING

01:44 - 15.660 THERE TOO. MET

01:44 - 19.120 UP FROM YOU MR. GRANT A NEW AGE

01:44 - 20.980 OF 50 MASK OR YOUR ARGUMENT.

01:44 - 23.010 THE PETITIONER.

01:44 - 25.650 MAY RETURN SOME OF THAT 15

01:44 - 27.030 MINUTES FOR REBUTTAL WOULD YOU

01:44 - 27.970 LIKE TO DO THAT.

01:44 - 32.880 >>RIGHT YEAH. AND YES, YOUR

01:44 - 33.830 HONOR I WOULD I WOULD LIKE TO

01:44 - 35.210 RESERVE 4 MINUTES IS.

01:44 - 39.770 FOR MANY THINGS. YOU GOT IT.

01:44 - 44.770 GOOD MORNING MAY IT PLEASE THE

01:44 - 46.300 COURT MY NAME IS CHARLOTTE

01:44 - 48.790 HOME, I'M HERE REPRESENTING THE

01:44 - 50.300 PETITIONER APPELLANT IN THIS

01:44 - 51.960 CASE AND WE'RE NOT ALL.

01:44 - 54.820 >>THIS IS A TAX

01:44 - 57.640 EVERYBODY'S FAVORITE KIND OF

01:44 - 58.980 ISSUE, BUT IT IS A

01:44 - 01.140 TAX CASE. IT WHERE THERE'S

01:45 - 03.880 REALLY 2 ONE REGARDING

01:45 - 07.420 NBA. TIMELINESS. THE DECISION

01:45 - 09.290 BY THE OUT ANY MORE TAX

01:45 - 11.390 COLLECTION COMMITTEE. AND THE

01:45 - 13.170 OTHER ONE REGARDING THE ACTUAL

01:45 - 16.060 TAX ABILITY OF THE N B A NO

01:45 - 19.500 PAYMENT I ISSUE HERE. VERY

01:45 - 20.450 QUICKLY.

01:45 - 24.560 AS FAR AS THE FACTS MISTER

01:45 - 26.860 O'DONNELL FILED AN ACTION.

01:45 - 29.890 IN FEDERAL COURT. UNDER THE

01:45 - 31.670 FEDERAL FALSE CLAIMS ACT IN

01:45 - 32.970 JUNE OF 2014.

01:45 - 35.860 THAT ACTION WAS SETTLED

01:45 - 38.100 IN AUGUST OF 2014 AND HE

01:45 - 43.780 A SETTLEMENT. PAYMENT PURSUANT

01:45 - 47.150 TO. THE SO TO BE IN THE LAWSUIT

01:45 - 47.440 THAT

01:45 - 50.230 HE FILED. I STOPPED RIGHT THERE

01:45 - 51.770 AND WE DON'T AND A LOT OF THOSE

01:45 - 53.410 CASES THAT COME BEFORE THE

01:45 - 54.800 FEDERAL CLAIMS THAT WHAT

01:45 - 56.060 EXACTLY WERE HIS

01:45 - 57.510 RESPONSIBILITIES ARE HIS

01:45 - 58.410 POSITION.

01:45 - 59.730 >>YOU KNOW DID HE PROVIDE

01:45 - 02.840 SERVICES WAS C THE PLAINTIVE

01:46 - 04.310 THAT HE'D I HAD HIS OWN

01:46 - 05.990 DEFENSE COUNCIL WORK HE DOES GO

01:46 - 07.450 A LITTLE BIT AND GET THE FACTS

01:46 - 09.130 ON THAT POINT CERTAINLY.

01:46 - 12.080 TO YOUR MAIN QUESTION WHICH IS

01:46 - 13.380 DID HE PROVIDE SERVICES THE

01:46 - 16.310 ANSWER'S NO HE DID NOT FALSE

01:46 - 19.080 CLAIMS ACT HE FILED THE ACTION

01:46 - 19.920 IN HIS NAME.

01:46 - 22.220 >>AND HE IS REQUIRED TO ALSO

01:46 - 23.380 INCLUDE THE

01:46 - 25.700 FEDERAL GOVERNMENT AND IN THE

01:46 - 26.840 IN THE NAME OF THE PLAINTIFFS

01:46 - 28.120 ON THE ACTION AT THE FEDERAL

01:46 - 29.780 GOVERNMENT IS NOT A PARTY UNTIL

01:46 - 31.080 THEY CHOOSE TO BE CAUGHT.

01:46 - 33.170 THEY HAVE TO ACTUALLY

01:46 - 35.470 AFFIRMATIVELY I INVESTIGATE THE

01:46 - 36.460 MATTER AND SHOES

01:46 - 39.000 TO ENERGY. SO HE FILED THE

01:46 - 40.900 ACTION AND HE WAS A COACH HE

01:46 - 42.360 WAS IN THE PLAY TEST AND WHEN

01:46 - 43.680 THE GOVERNMENT DECIDED TO

01:46 - 45.350 INTERVENE HE BECAME THE COCAINE

01:46 - 47.220 TEST. HE HAD HIS OWN ATTORNEY

01:46 - 48.580 ERNIE. HE PAID HIS OWN

01:46 - 50.040 ATTORNEYS, A SIGNIFICANT AMOUNT

01:46 - 51.870 OF MONEY TO REPRESENT AND AND

01:46 - 55.430 THE ACTION. SO HIS HIS PART IN

01:46 - 56.720 THE ACTION WAS TO FILE THE

01:46 - 58.640 ACTION. AFTER THAT

01:46 - 59.860 THE GOVERNMENT IN AN

01:46 - 01.310 INVESTIGATION WHICH IS TO

01:47 - 02.700 INTERVENE AND IT TOOK OVER THE

01:47 - 04.610 ACTION AND THAT IS WHAT THIS

01:47 - 06.780 THE FALSE CLAIMS ACT REQUIRES

01:47 - 08.390 THEY CONTROL THE ACTION FROM

01:47 - 08.650 THAT

01:47 - 11.060 POINT ON. I'M THEY CAN SETTLE

01:47 - 12.840 IT THEY CAN LITIGATE IT AND HE

01:47 - 14.310 HAD REALLY HAS NO SAY IN IT.

01:47 - 15.990 >>THE REGION HAVE ANY SAY IN

01:47 - 17.130 THE SETTLEMENT OF THE ACTION

01:47 - 19.020 EITHER. NOW HE DID NOT.

01:47 - 22.370 >>YES, NO CLAIMS ACT IS VERY

01:47 - 23.920 CLEAR THAT SHOULD THE

01:47 - 25.570 GOVERNMENT CHOOSE TO INTERVENE

01:47 - 26.280 IT IS THEY'RE AT

01:47 - 28.930 ACTION AND MISTER O'DONNELL

01:47 - 30.110 EVEN THOUGH HE WAS IN COCAINE

01:47 - 30.960 TO THE PARTY.

01:47 - 33.320 I COULD NOT CONTROL THE ACTION

01:47 - 34.800 COULD NOT SETTLE IN COULD NOT

01:47 - 36.640 DISMISS IT. NOTHING.

01:47 - 38.290 >>I DO YOU KNOW IF YOU DID YOU

01:47 - 39.420 HAVE TO PERFORM ANY.

01:47 - 42.780 LACK OF A BETTER WORD SERVICES

01:47 - 44.850 OR YOU KNOW HE WAS HE REQUIRED

01:47 - 46.310 TO FOLLOW THE INSTRUCTIONS OF

01:47 - 46.400 THE

01:47 - 48.110 FEDERAL GOVERNMENT. YOU'RE

01:47 - 49.920 REQUIRED ANTONY'S INTER ARBITER

01:47 - 51.620 YOU'RE REQUIRED TO TESTIFY.

01:47 - 53.270 YOU KNOW WITHOUT A SUBPOENA

01:47 - 54.530 REQUIRES THE PARTIES ARE YOU

01:47 - 55.090 ASKED HIM, BUT

01:47 - 56.740 YOU KNOW THAT YOU HAVE TO

01:47 - 58.120 FOLLOW THE INSTRUCTIONS OF THE

01:47 - 59.380 FEDERAL GOVERNMENT AND HOW THE

01:47 - 00.750 CASE IS GOING TO BE HANDLED IN

01:48 - 02.420 HIS HEART WHICH SHE NEEDED

01:48 - 02.800 TO DO.

01:48 - 06.020 >>HE AND NATALEE MEAN HE HAD

01:48 - 07.600 ONLY INSTRUCTIONS OF THE COURT

01:48 - 08.990 SO IF THE COURT TOLD YOU KNOW

01:48 - 09.470 TOLD HIM TO

01:48 - 12.050 DO SOMETHING I DON'T EVEN HAVE

01:48 - 14.430 TO DO IT AND HE YOU KNOW HE HE

01:48 - 15.590 BUT THE PARTY

01:48 - 19.960 AND HE HAD THE RIGHT NEW

01:48 - 22.280 PROSECUTE. THE CASE. AS HE SAW

01:48 - 25.120 FIT NOT THE COURT. I'M IF THEY

01:48 - 26.880 KNOW THAT HE WAS.

01:48 - 29.320 IT'S SOMETHING TO HARASS THE

01:48 - 31.050 OTHER SIDE HERE SOMETHING THAT

01:48 - 32.140 RAIN IMPEDE

01:48 - 33.880 THEIR PROSECUTION. THEY

01:48 - 35.130 COULDN'T TELL IF THEY COULD GET

01:48 - 36.300 INTO THE COURT AND ASKED THE

01:48 - 39.620 COURT KEEP HIM FROM DOING

01:48 - 41.330 CERTAIN THINGS BUT I CAN TELL

01:48 - 51.390 SO GETTING BACK

01:48 - 55.140 TO TEXAS AND AND HE HE FILED

01:48 - 56.740 FILED UNDER THE FALSE CLAIMS

01:48 - 58.320 ACT THE ACT AND THAT THE

01:48 - 00.350 LAWSUIT WAS EVENTUALLY SETTLED.

01:49 - 03.250 IT THE BANK HERE PETE OUT A

01:49 - 04.540 SUBSTANTIAL SETTLEMENT.

01:49 - 07.430 MISTER O'DONNELL RECEIVED PART

01:49 - 09.510 OF THAT SETTLEMENT THE AT A

01:49 - 11.860 PARTY TO TO A LAWSUIT.

01:49 - 15.460 HIS ACCOUNTANT REALLY SLATE

01:49 - 17.680 REPORTED THAT PAYMENTS AS

01:49 - 18.810 COMPENSATION ON HIS

01:49 - 19.940 PENNSYLVANIA PERSONAL INCOME

01:49 - 21.170 TAX RETURN, WHICH IS HOW WE

01:49 - 24.190 GOT HERE. TAXING JURISDICTION

01:49 - 25.060 DID A MATCHING.

01:49 - 25.980 SO THE INCOME

01:49 - 27.750 REPORTED FOR PENNSYLVANIA AND

01:49 - 29.890 ISSUED AN ASSESSMENT SEEKING TO

01:49 - 31.430 IMPOSE LITTLE EARNED INCOME TAX

01:49 - 31.570 ON

01:49 - 34.360 THAT PAYMENT. THE RECORDING OF

01:49 - 36.270 THE PAYMENT AS COMPENSATION WAS

01:49 - 36.770 IN HER

01:49 - 38.000 ON THE PENNSYLVANIA PERSONAL

01:49 - 39.840 INCOME TAX RETURN AND REFUND

01:49 - 42.150 WAS FILED AND THE BOARD OF

01:49 - 44.590 FINANCE AND REVENUE UNANIMOUSLY

01:49 - 46.350 OUR OLD THAT IT WAS NOT

01:49 - 48.350 COMPENSATION IN FACT THEY FOUND

01:49 - 49.680 UNANIMOUSLY THAT IT

01:49 - 52.110 WAS NOT ANY CLASS OF INCOME

01:49 - 53.090 THAT IS TAXABLE FOR

01:49 - 54.330 PENNSYLVANIA PERSONAL INCOME

01:49 - 57.660 TAX. IT IS. MILLION DOLLAR

01:49 - 00.220 REFUND OF THE TAX THAT WAS PAID

01:50 - 01.180 ON E.

01:50 - 03.100 SETTLEMENT PAYMENT.

01:50 - 06.770 >>THAT IS SORT OF HOW WE GOT

01:50 - 09.500 HERE TODAY. BEFORE I GET INTO

01:50 - 11.050 THE AIR AND SOME OF THE

01:50 - 12.700 QUESTION THAT ACCESSIBILITY I

01:50 - 13.600 WOULD LIKE TO ADDRESS THE

01:50 - 15.880 COURT. I'M THE FIRST THING THAT

01:50 - 17.580 IS AN ISSUE I THINK IS IS

01:50 - 20.560 IF THE COURT FINDS THAT

01:50 - 22.180 PLAINTIFFS HERE IS INSANE AND

01:50 - 24.950 SIMPLER. WAY TO ADDRESS THE

01:50 - 26.030 ISSUE WHICH IS THAT

01:50 - 27.810 THERE IS AN ISSUE OF TIMELINESS

01:50 - 29.620 AND REGARD TO THE DECISION BY

01:50 - 32.490 THE AND NORTH TAX

01:50 - 34.870 COLLECTION COMMITTEE APPEALS

01:50 - 36.950 HER LITTLE TAX PURPOSES ARE

01:50 - 38.640 CONTROLLED BY LOCAL TAXPAYER

01:50 - 38.790 BILL

01:50 - 40.390 OF RIGHTS AND THE LITTLE

01:50 - 42.140 TAXPAYER BILL OF RIGHTS SECTION

01:50 - 44.990 8433 IS VERY CLEAR THAT ONCE

01:50 - 46.640 AND SUSSMAN APPEAL WAS FILED A

01:50 - 49.280 DECISION MUST BE RENDERED

01:50 - 50.400 WITHIN 60 DAYS.

01:50 - 53.090 IT'S CLEAR. THERE'S NO IFS ANDS

01:50 - 56.260 OR BUTS WELL WAYS IT'S NOT IT'S

01:50 - 57.720 NOT THAT I THOUGHT AS CLEAR AS

01:50 - 58.510 YOU WOULD SAY.

01:50 - 00.800 >>LET ME ASK YOU TO RESPECT YOU

01:51 - 02.050 AS A LITTLE BIT MORE THAN ONE

01:51 - 03.390 STUDENTS PILED IT HAS TO BE

01:51 - 03.940 DECIDED

01:51 - 04.770 60 DAY.

01:51 - 06.970 >>IT DOESN'T STICK TO THE DAY

01:51 - 08.630 60 DAYS OF THE DATE OF A

01:51 - 10.790 COMPLETE AND ACCURATE PETITION

01:51 - 11.780 HAS RECEIVED.

01:51 - 14.330 >>YEAH THE BACKSTORY LANGUAGE

01:51 - 16.110 SO WHEN IT SAYS THAT THE

01:51 - 17.630 DISPUTE HERE IS.

01:51 - 20.700 >>WHEN DID YOUR CLIENT SUMMIT.

01:51 - 23.450 THEY DON'T WE AND ACCURATE.

01:51 - 24.930 PETITION

01:51 - 26.060 CURRENT.

01:51 - 27.690 >>THE OR YOU'RE CORRECT JUDGE

01:51 - 28.890 DROPS AND IT DOES SAY THAT HAS

01:51 - 30.110 TO BE A COMPLETE AND ACCURATE

01:51 - 32.110 PETITION AND WE DIDN'T SUBMIT A

01:51 - 33.830 COMPLETE AND ACCURATE PETITION

01:51 - 34.550 ON AUGUST

01:51 - 38.720 21ST 2017. WHICH POSSIBLE

01:51 - 40.060 KEYSTONE HAD NOT YET BEEN

01:51 - 41.670 FINALIZED HIS DECISION.

01:51 - 44.560 >>AND THEN CLAIM IT PALIN

01:51 - 45.720 ACTUALLY SUBMITTED A

01:51 - 48.360 SUPPLEMENTAL PETITION THAT

01:51 - 48.790 INCLUDED

01:51 - 49.700 THAT INFORMATION.

01:51 - 51.810 >>WHEN YOU'RE ON THE DAY THEY

01:51 - 53.900 COME THEY DID WHAT THEY

01:51 - 55.410 ISSUED ON MAY 24TH WASN'T

01:51 - 57.220 NOTICED IT WAS A FORMAL NOTICE.

01:51 - 00.160 IT SHOOT THE AMOUNT OF TAX TO

01:52 - 03.020 THE AMOUNT OF THE PENALTY

01:52 - 05.610 STUDENT ACOSTA IT STAYED RIGHT

01:52 - 08.060 ON THERE THAT IT WAS AN ATTEMPT

01:52 - 10.250 TO COLLECT A DEBT. IT STAYED ON

01:52 - 12.310 THE AIR. YOU CAN CONTACT YOUR

01:52 - 14.160 RIGHTS IN REGARDS TO APPEAL.

01:52 - 14.800 IT WAS

01:52 - 17.640 THE ONLY FORMAL OFFICIAL

01:52 - 19.570 DOCUMENT ISSUED BY THE

01:52 - 22.440 TAXING JURISDICTION, SEEKING TO

01:52 - 23.810 TAX AND THE INTEREST AND A

01:52 - 25.630 PENALTY FROM THE TAXPAYER.

01:52 - 26.880 >>BUT DIDN'T YOUR OWN CLIENT

01:52 - 27.550 EVEN ASKED FOR

01:52 - 29.930 A CONTINUANCE WE DID NOT WE DID

01:52 - 31.580 NOT ASK FOR A CONTINUANCE WHAT

01:52 - 31.760 WE

01:52 - 33.900 ASKED FOR WAS NOT THE

01:52 - 36.150 COLLECTION A COLLECTION THAT IS

01:52 - 37.580 A COLLECTION OF MONEY ON THE

01:52 - 38.310 ACCOUNTING PUT

01:52 - 40.860 IN SUSPECT. WELL THEY MAY BE

01:52 - 43.390 OTHER SIDE ASK FOR A COPY OF

01:52 - 45.590 THE SETTLEMENT AGREE WHICH WE.

01:52 - 47.820 AND SAID THAT WE WOULD PROVIDE

01:52 - 49.020 TO THEM ONCE WE WERE IN

01:52 - 50.920 SURE THAT WE CAN PROVIDE TO YOU

01:52 - 52.290 BECAUSE IT WAS FILED.

01:52 - 53.950 BUT CHAPTER MEMBERS CASE WAS

01:52 - 55.530 FILED UNDER SEAL THE FEDERAL

01:52 - 57.560 CASE. SO WE NEEDED TO CONFIRM

01:52 - 58.550 THAT WE COULD SHARE THE

01:52 - 59.690 SETTLEMENT AGREEMENT WITHOUT

01:52 - 01.230 VIOLATING ANY FEDERAL

01:53 - 04.950 ISSUES THERE I THINK PROVIDING

01:53 - 06.540 THE 70 DEGREE MEANT THEY HAD

01:53 - 07.610 ALREADY DETERMINED THAT THERE

01:53 - 08.720 IS A TAX CUT. IT

01:53 - 09.900 WAS A FORMAL NOTICE AND HE SAID

01:53 - 10.890 SURE WE'LL SEND YOU THE

01:53 - 12.410 SETTLEMENT AGREEMENT. WE HAVE

01:53 - 14.070 TALKED TO THEM ABOUT MAYBE IN

01:53 - 15.300 THE END THEY WOULD DECIDE TO

01:53 - 17.110 REVERSE THE ASSESSMENT BASED ON

01:53 - 18.410 ON THE INFORMATION PROVIDED

01:53 - 20.140 THAT DOESN'T HOLD A STATUE FOR

01:53 - 21.440 US TO FILE

01:53 - 23.450 AN APPEAL. IF WE HADN'T FILED

01:53 - 24.610 THAT APPEAL WITHIN 90 DAYS.

01:53 - 25.780 I'M PRETTY SURE WE'D BE SITTING

01:53 - 27.250 HERE HAVING A VERY DIFFERENT

01:53 - 28.590 QUESTION ABOUT THE FACT THAT WE

01:53 - 29.620 HAD DONE SOMETHING.

01:53 - 35.000 THIS UP AND I'M THE SAME TRACK

01:53 - 35.480 WHERE BILLS

01:53 - 36.140 OF RIGHTS.

01:53 - 38.590 >>EURO BY RELYING ON REQUIRE

01:53 - 39.940 LOCAL TAXING AUTHORITIES TO

01:53 - 41.790 ESTABLISH PROCESSES AND

01:53 - 44.140 PROCEDURES. THE HANDLING OF

01:53 - 45.080 THESE CLAIMS.

01:53 - 48.950 PARTICULARLY SPECIFYING FORM

01:53 - 51.300 AND CONTACTS. WE KNOW WHAT IS

01:53 - 53.590 IN THAT FOR 31 BE.

01:53 - 57.270 HERE SHORTLY AFTER I THINK

01:53 - 59.040 WAS DAYS. AFTER YOU

01:53 - 01.250 INITIALLY SAID THAT YOU'RE YOU

01:54 - 02.770 ARE WHAT YOU CALL YOUR PETITION

01:54 - 03.210 YOU RECEIVE

01:54 - 05.750 AN EMAIL FROM THE TAXING

01:54 - 07.320 AUTHORITY THAT THAT HERE'S OUR

01:54 - 09.380 RULES AND GUIDELINES AND HEARS

01:54 - 11.700 BEFORE THAT YOU NEED TO USE.

01:54 - 14.570 HER FOR REASONS THAT SEEM TO BE

01:54 - 16.160 INEXPLICABLE IN THE RECORD.

01:54 - 18.720 YOUR ARE. YOUR CLIENT THEN

01:54 - 21.780 WAITED UNTIL SEPTEMBER 18 TO

01:54 - 23.270 ACTUALLY SUBMITTED THE

01:54 - 25.760 REQUIRED FORM. UNDER THE

01:54 - 27.060 BOARD'S PROCEDURES.

01:54 - 31.820 WHY DOESN'T THIS IS WHY DOING

01:54 - 34.810 IS IN 9 1827 IN THE EARLY

01:54 - 36.810 AS TODAY THAT YOU FILED A

01:54 - 39.080 COMPLETE AND ACCURATE PETITION

01:54 - 42.870 PURSUANT TO THE ACTED AS WELL

01:54 - 44.800 AS THE BILL OF RIGHTS PROVISION

01:54 - 46.410 LAW AS WELL AS THE RULES

01:54 - 47.520 ESTABLISHED BY THAT ACCIDENT

01:54 - 47.830 COURT.

01:54 - 50.500 >>I WAS JUST PROPS AND

01:54 - 53.590 WE ASKED ONCE WE GOT THE NOTICE

01:54 - 55.500 THE ASSESSMENT NOTICE WE ASKED

01:54 - 56.710 TIME AND TIME AGAIN

01:54 - 58.440 AND WE HAVE COPIES OF YOUR

01:54 - 00.240 PROCEDURES AND WE HAVE A COPY

01:55 - 01.220 OF THE WORDS THAT

01:55 - 03.330 YOU HAVE AND WE WERE TOLD WE

01:55 - 04.990 DON'T HAVE PROCEDURES WE

01:55 - 08.350 DON'T HAVE A HOW DO YOU EXPLAIN

01:55 - 09.770 THE AUGUST 2030 NOW.

01:55 - 12.670 >>THE AUGUST 23RD EMAIL.

01:55 - 14.110 >>FROM.

01:55 - 16.010 >>THERE

01:55 - 17.170 ARE 7.

01:55 - 19.340 >>ISN'T THAT THE WORD IN THAT I

01:55 - 20.860 MADE I HAVE HAD A ROCKY BOTTOM

01:55 - 22.200 20 WRITTEN DOWN WHERE YOU'VE

01:55 - 24.200 GOT AN E-MAIL FROM OUT OF THE

01:55 - 24.900 SOLICITOR,

01:55 - 28.070 4 THE BORDER, WHAT FOR THAT TAX

01:55 - 29.270 REFORM AND THE RULE.

01:55 - 31.170 >>AND THAT THAT WAS BECAUSE WE

01:55 - 33.170 FIND HE HAD ASKED FOR THE FORMS

01:55 - 34.080 THEY WERE TOLD THERE'S AN

01:55 - 35.220 E-MAIL WHERE IT SAYS WE

01:55 - 36.200 UNDERSTAND THAT YOU DON'T HAVE

01:55 - 38.030 ANY PROCEDURES AND FORMS FILING

01:55 - 38.820 OUR PETITION

01:55 - 40.560 AND THEN 2 DAYS AFTER HE FILED

01:55 - 42.060 A PETITION WE'VE GOT AN E-MAIL

01:55 - 43.130 FROM THE OPPOSING COUNSEL

01:55 - 45.270 SAYING OH SORRY BASICALLY SORRY

01:55 - 46.680 ABOUT THE CONFUSION BE TO

01:55 - 48.210 ACTUALLY HAVE A FORUM HERE

01:55 - 51.200 IN IT. PROVIDED NOTHING ELSE

01:55 - 53.030 OTHER THAN WHAT WAS BEFORE

01:55 - 53.970 THERE'S NOTHING ELSE.

01:55 - 55.900 IT INCLUDES ANYTHING THAT WE

01:55 - 57.300 HAD ALREADY PROVIDE IT.

01:55 - 59.910 WE WE ASKED FOR IT AND WE'RE

01:55 - 01.370 TOLD THAT IT DOESN'T EXIST AND

01:56 - 02.980 ARE GIVEN IT TO WHATEVER IT WAS

01:56 - 04.330 ONLY A COUPLE DAYS LATER YOU

01:56 - 06.370 WAITED UNTIL SEPTEMBER 18 TO

01:56 - 06.940 TIBET.

01:56 - 09.180 >>IF YOU WOULD IT MEAN IF YOU

01:56 - 10.020 WOULD HAVE TURNED THAT FORM

01:56 - 11.800 AROUND IT WAS THE VIEW THAT IT

01:56 - 13.100 WAS JUST RESTATING EVERYTHING

01:56 - 14.380 YOU DID WHY DIDN'T FORM GOING

01:56 - 15.190 ON 24.

01:56 - 18.630 >>AND THEY DIDN'T GO ON AND ON

01:56 - 19.570 24 MINUTES

01:56 - 22.240 IN WE KNEW WE WEREN'T WE FELT

01:56 - 22.710 THAT WE ARE

01:56 - 24.190 YOU KNOW, EVEN THOUGH

01:56 - 25.760 EVERYTHING IS JUST A MATTER OF

01:56 - 27.470 YOU KNOW YES GOING OUT THE FORM

01:56 - 30.050 THEY HAVE AND I TO TO

01:56 - 32.300 TO SUBJECT OF A TAXPAYER TO NOT

01:56 - 34.230 SO WARM THAT WAY WE WERE GIVEN

01:56 - 37.200 UNTIL AFTER. AFTER THE DEADLINE

01:56 - 38.930 AND AFTER YOU FILE AN APPEAL.

01:56 - 41.750 THIS CAN BE WOULD NOT BE

01:56 - 43.330 APPROPRIATE UNDER THE STATUTE.

01:56 - 45.830 WE DID GET GET IT DID NOT

01:56 - 47.350 CONTAIN ANYTHING ANY

01:56 - 48.450 INFORMATION THAT THEY DIDN'T

01:56 - 49.190 ALREADY HAVE.

01:56 - 50.530 WE'RE

01:56 - 54.330 WHY THEN DID YOU FINALLY SEND

01:56 - 56.010 THEM ON SEPTEMBER 18.

01:56 - 00.140 >>BEEN SAID

01:57 - 01.610 YOU KNOW HAD A CHANCE FOR IT AT

01:57 - 03.560 THAT POINT IN TIME THEY GAINED

01:57 - 03.730 ON

01:57 - 06.080 SEPTEMBER 7. YOU DON'T MAIL

01:57 - 07.870 SAYING WELL, YOU KNOW WE'VE

01:57 - 09.350 MADE OUR FINAL DETERMINATION.

01:57 - 13.000 WITH ALL DUE RESPECT THERE'S AN

01:57 - 13.410 EMAIL

01:57 - 14.140 THAT SAYS.

01:57 - 17.750 >>EVERY YEAR MY THE APPEAL.

01:57 - 19.200 I'M CERTAIN.

01:57 - 22.350 PEOPLE ARE TALKING AT THE SAME

01:57 - 23.870 TIME I DIDN'T I DIDN'T HEAR YOU

01:57 - 24.740 I APOLOGIZE.

01:57 - 27.190 >>I JUST WANT TO

01:57 - 30.390 CLARIFY THE SEPTEMBER 7 EMAIL

01:57 - 31.890 SAYING THAT DETERMINATION

01:57 - 34.260 WAS MADE. BUT THE DETERMINATION

01:57 - 36.770 ON APPEAL YOU EARLIER FALL

01:57 - 37.860 FILED.

01:57 - 41.120 >>MISTER MISTER AGAINST IT.

01:57 - 43.080 MISTER VINCENT C BILL.

01:57 - 44.170 >>THANK GOD.

01:57 - 46.420 RIGHT BUT AT

01:57 - 49.650 BUT AGAIN THAT'S AN E-MAIL THAT

01:57 - 51.280 SAID THAT YOU KNOW THEY THEY

01:57 - 53.290 DETERMINED THAT AND HE KNOWS

01:57 - 55.410 THAT AND THEY DETERMINED THAT

01:57 - 56.560 THE ASSESSMENT WAS

01:57 - 59.960 CORRECT. BUT THE AMOUNT THAT

01:57 - 00.670 HAD BEEN LISTED ON THE

01:58 - 02.550 ASSESSMENT REMAIN DIDN'T WORK

01:58 - 04.440 YOU KNOW WITH ALL DUE RESPECT

01:58 - 06.200 AND EMAIL COULD NOT BE AN

01:58 - 07.650 ASSESSMENT, I MEAN IT IS

01:58 - 11.080 WE'RE GOING TO AN EMAIL CAN BE

01:58 - 12.040 AN ASSESSMENT.

01:58 - 14.080 AND THAT YOU DON'T NEED A

01:58 - 16.610 FORMAL ACTUAL KNOW WHY THAT

01:58 - 18.290 HAPPENED HERE I DON'T KNOW HOW

01:58 - 19.800 TAXPAYERS EVER GOING TO KNOW

01:58 - 21.610 WHEN YOUR TIME FOR FILING AN

01:58 - 22.640 APPEAL START.

01:58 - 25.120 >>OKAY WITH ALL DUE RESPECT

01:58 - 26.880 MISTER CHERNEY CARELESS FROM

01:58 - 27.220 YOUR

01:58 - 29.800 LAW FIRM SENATE EMAIL SO WE

01:58 - 31.270 WILL WAIT FOR KEYSTONE'S

01:58 - 33.730 FINAL DETERMINATION BEFORE

01:58 - 35.560 SUPPLEMENTING THE PETITION WITH

01:58 - 37.900 THE COVER FORM YOU PROVIDED

01:58 - 39.350 UNIQUE MISTER VINCENT

01:58 - 42.740 PROVIDED ON AUGUST 2320 17 IN

01:58 - 44.040 ORDER TO SCHEDULE A HEARING.

01:58 - 47.030 IT SEEM LIKE. MISTER O'DONNELL

01:58 - 49.390 WAS HIMSELF WAS WAITING WITH A

01:58 - 50.690 FINAL DETERMINATION FROM

01:58 - 53.560 KEYSTONE BEFORE COMPLETING

01:58 - 55.780 THE FORUM. HE APPEARED TO BE

01:58 - 57.740 AWARE THAT HE HAD A COMPLETE IN

01:58 - 59.130 ORDER TO GET THE HEARING GOING.

01:59 - 02.800 >>AND I'M I'M I BELIEVE THAT

01:59 - 03.470 AND

01:59 - 05.740 I I I RESPECTFULLY DISAGREE

01:59 - 07.440 THAT WHAT WE WERE WAITING FOR

01:59 - 09.650 WAS WE HAD A SUSPECT WE FILED

01:59 - 10.250 AN APPEAL.

01:59 - 12.380 >>THESE DON'T DISCUSSIONS WITH

01:59 - 14.300 THE TAXING AUTHORITY YOURSELF

01:59 - 15.290 DISCUSSION THAT THEY MIGHT

01:59 - 16.520 STRENGTH THE ASSESSMENT IF THEY

01:59 - 17.510 COULD IN THE SUMMIT.

01:59 - 20.910 WE IT THAT THERE IS

01:59 - 22.970 DOCUMENTATION THAT IT APPEAR

01:59 - 23.370 THAT THERE

01:59 - 25.700 >>WAITING OF COMPLETING THE

01:59 - 27.990 FORM UNTIL A KEY STATE AND THIS

01:59 - 29.840 IS THE E MAIL BOMB.

01:59 - 33.400 LAW FIRM. THEN WHY THEY'RE

01:59 - 35.020 WAITING TO SUBMIT THE PETITION

01:59 - 35.390 UNTIL A

01:59 - 36.100 LATER DATE.

01:59 - 38.770 >>AND REDMOND AND WE AGAIN WE

01:59 - 40.500 WHAT WE WERE WAITING FOR WAS TO

01:59 - 42.330 BE REWORKED WAITING TO FILE THE

01:59 - 43.590 APPEAL WE ALREADY FILED

01:59 - 46.350 THE APPEAL. AND IF YOU DO

01:59 - 48.560 NOT ONLY APPRECIATE THE E-MAIL

01:59 - 49.730 BUT THERE WAS ALSO A LETTER

01:59 - 50.930 WRITTEN CLEARLY STATED THAT

01:59 - 52.130 WHILE WE WERE WELL WE'RE

01:59 - 52.460 WILLING

01:59 - 53.890 TO WAIT THE STATE THEY WERE

01:59 - 55.490 REALLY TO STRIKE THE ASSESSMENT

01:59 - 56.430 BASED ON THE SETTLEMENT.

01:59 - 58.170 THERE IS ALSO CLEAR LANGUAGE IN

01:59 - 58.720 OUR LETTER

01:59 - 00.870 THAT'S YOU ARE NOT LEAVING, I

02:00 - 02.270 MEAN IF YOU IF THERE WAS A

02:00 - 04.340 LETTER THAT CLEARLY STATED THAT

02:00 - 06.570 WHILE WE SAID WE WOULD WAIT THE

02:00 - 08.160 SETTLEMENT AGREEMENT CHANGE THE

02:00 - 09.900 ASSESSMENT. THE FOREGOING

02:00 - 11.530 SHOULD NOT BE CONSTRUED AS A

02:00 - 13.580 WAIVER BY MY CLIENT OF ANY

02:00 - 15.140 APPLICABLE TIME PERIOD AND TO

02:00 - 16.560 THE LOCAL TAXPAYER BILL OF

02:00 - 18.110 RIGHTS IN REGARD TO HIS

02:00 - 20.210 PETITION FILED ON AUGUST 21ST.

02:00 - 22.750 >>BUT THEN THEY GO

02:00 - 24.790 BACK TO THE READING OF A

02:00 - 25.380 COMPLETE

02:00 - 26.980 AND ACCURATE.

02:00 - 29.490 >>YEAH AND I AND OUR POSITION

02:00 - 31.280 IS THAT ARE ON THIS 21ST

02:00 - 32.650 PETITION WAS COMPLETE AN

02:00 - 33.930 ACCURATE THERE WAS NOT

02:00 - 36.500 ANYTHING THAT WAS INCLUDED AND

02:00 - 38.110 WHAT WE CALL OUR SUPPLEMENT

02:00 - 39.370 THAT WAS NOT INCLUDED IN THE

02:00 - 40.680 AUGUST 20.

02:00 - 42.650 >>OTHER THAN YOUR WELL OVER

02:00 - 44.140 YOUR TIME I DO HAVE ONE QUICK

02:00 - 46.250 QUESTION AND THAT IS IF THE

02:00 - 46.950 HOME AND WHAT

02:00 - 49.170 YOU CALL KOPPELMAN TO PETITION

02:00 - 51.630 FOR APPEAL FILED AUGUST 24 PER

02:00 - 53.540 THAT FORM THAT WAS PROVIDED TO

02:00 - 53.990 YOU

02:00 - 57.780 >>YOU AFTER AUGUST

02:00 - 59.590 21ST EVEN THOUGH WE HAVE TO ASK

02:00 - 00.660 WHERE WE WERE TOLD THAT IT

02:01 - 01.810 DIDN'T EXIST AND THEN IT WAS

02:01 - 03.190 E-MAILED TO US AFTER WE HAVE

02:01 - 04.130 FILED A PETITION.

02:01 - 05.990 >>I THINK THE MEDIA'S QUESTION

02:01 - 07.410 WAS DIFFERENT FOR YOU WHERE YOU

02:01 - 09.280 LATER FILED THE SUPPLEMENT TO

02:01 - 11.220 THE AUGUST 21ST THAT WAS ON THE

02:01 - 11.810 BORDER.

02:01 - 15.600 >>THAT REZONE OR IT WHEN WE GO

02:01 - 16.600 OUT INTO THE UNIT.

02:01 - 19.070 >>I UNDERSTAND THAT YOU NEED TO

02:01 - 20.990 ADD THAT CAPTION AT THE TOP.

02:01 - 23.570 SUPPLEMENT TO PETITION FOR

02:01 - 25.460 APPEAL AND COATED WITH THAT

02:01 - 27.560 BEING ONE OF THE FORMS YOU

02:01 - 29.590 COULD GET FROM THE.

02:01 - 33.380 ELECTION COMMITTEE. YOU KNOW WE

02:01 - 34.730 HAVE OUR APPEAL FORM AND THEN

02:01 - 36.410 WE HAVE OUR HOME AND FORM THAT

02:01 - 37.790 WE WE ADD TO THAT.

02:01 - 39.480 >>BECAUSE IN OUR MIND IT WAS A

02:01 - 40.030 SUPPLEMENT.

02:01 - 44.020 >>YOU'RE YOU'RE YOU'RE

02:01 - 44.840 YOU YOU.

02:01 - 46.620 >>BRING YOUR WELL OVER YOUR

02:01 - 48.770 TIME 4 MINUTES SO I THINK AT

02:01 - 50.720 THIS POINT WE'LL HEAR FROM MR.

02:01 - 53.390 INTENT WILL COME BACK TO YOU.

02:01 - 54.570 >>AND YOU KNOW.

02:01 - 59.400 YES YOU ARE HEARING.

02:02 - 02.060 I MAY PLEASE THE COURT

02:02 - 03.390 CHRISTOPHER VINCENT ON BEHALF

02:02 - 03.470 OF

02:02 - 05.700 THE EMPLOYEES. AS MISS UP TO

02:02 - 07.520 THIS POINT THERE ARE 2 ISSUES

02:02 - 09.780 HERE ONE IS A TIMING ISSUE THAT

02:02 - 10.480 YOU'RE OWNERS HAVE

02:02 - 12.160 BEEN INVESTIGATING AND

02:02 - 13.710 DISCUSSING A AND THE SECOND

02:02 - 14.040 ISSUE

02:02 - 17.050 WHETHER OR NOT THE PAYMENT THAT

02:02 - 18.790 WAS RECEIVED BY THE TAXPAYER IS

02:02 - 22.390 COMPENSATION OR EARNED AND A

02:02 - 23.130 TAXABLE AT THE

02:02 - 26.040 LOCAL LEVEL. I'D LIKE TO TO

02:02 - 27.300 FIRST ADDRESS TO ONE OF THE

02:02 - 28.380 ISSUES THAT DON'T MISS A THING

02:02 - 28.790 HAS

02:02 - 31.130 HAS RAISED AND SHE ALLEGES

02:02 - 35.960 THROUGHOUT DIALOGUE BETWEEN

02:02 - 38.180 HER OFFICE ATTACKS OFFICER THAT

02:02 - 39.140 THEY REQUESTED.

02:02 - 41.970 THIS APPEALS FORM I WOULD POINT

02:02 - 42.970 OUT THAT THE RECORD DOES NOT

02:02 - 45.090 SUPPORT THAT AT ALL. IN FACT IT

02:02 - 47.610 TAX OFFICER WHO VOLUNTARILY

02:02 - 51.040 PROVIDED THE APPEALS FOR TO A

02:02 - 53.710 CLOSING COUNCIL. A SECOND I

02:02 - 54.060 WOULD LIKE

02:02 - 57.390 I EXPLAIN A BROADER OVERVIEW OF

02:02 - 59.390 THE TIMING HERE BECAUSE I THINK

02:02 - 01.120 THAT'S IMPORTANT UNDER THE

02:03 - 02.550 LOCAL TAXPAYER BILL OF RIGHTS

02:03 - 04.080 HAS BEEN SOME POINTED OUT.

02:03 - 06.920 THERE IS A PROCESS FOR APPEALS

02:03 - 08.520 AND THAT PROCESS STARTS OUT

02:03 - 10.500 DETERMINATION IS MADE BY THE

02:03 - 12.140 TAX OFFICER, THE ATTACKS DO

02:03 - 15.250 YOU. WHEN HE NOTICED THAT

02:03 - 16.210 WAS ISSUED.

02:03 - 18.810 THE NATURE OF THE EARNINGS IN

02:03 - 20.390 THAT NOTICE WE ARE NOT KNOWN TO

02:03 - 20.480 THE

02:03 - 23.740 TAX OFFICER I KNOW NO LOWER

02:03 - 24.730 INCOME TAX RETURN OF BEEN

02:03 - 26.230 PROVIDED TO THE TAX OFFICER.

02:03 - 28.100 THERE IS NO SUBSTANTIATED

02:03 - 29.310 DOCUMENTATION WITH.

02:03 - 31.870 IN THE

02:03 - 33.910 TAX OFFICE HERE LET ME KNOW

02:03 - 35.730 YOUR YOUR ARGUMENT IS THAT

02:03 - 38.320 YOU'RE NO TO A MAY 24.

02:03 - 41.040 >>2017 WAS. JUST A REQUEST

02:03 - 42.050 FOR INFORMATION.

02:03 - 43.620 >>THAT'S CORRECT YOUR HONOR THE

02:03 - 44.730 LANGUAGE IN THAT NOTE IS

02:03 - 46.100 CLEARLY INDICATES THAT IT WAS A

02:03 - 47.600 PRELIMINARY ANALYSIS.

02:03 - 50.270 WHEREBY THE TAX OFFICER

02:03 - 51.910 EXAMINES WHAT WAS REPORTED TO

02:03 - 53.380 THE DEPARTMENT OF REVENUE AND

02:03 - 54.610 WHAT WAS REPORTED TO THE LOCAL

02:03 - 57.020 MUNICIPALITIES IF THERE'S A

02:03 - 58.240 MAJOR WITH A I THINK IT WAS

02:03 - 59.280 THAT I THINK IT WAS A LITTLE

02:03 - 00.940 BIT MORE MORE THAN THAT HAPPY

02:04 - 02.430 SAY PRELIMINARY ANALYSIS I

02:04 - 03.300 THINK IT WAS THE POINT MARY

02:04 - 04.400 TERMINATION THE QUESTION IS

02:04 - 05.280 WHETHER ME.

02:04 - 06.890 >>THE DEFINITION OF A SECOND.

02:04 - 10.110 IN THE ACTION. IT DOESN'T LOOK

02:04 - 11.790 LIKE AN ASSESSMENT. NOW

02:04 - 14.030 I HAVE TO TELL YOU THAT FOR

02:04 - 15.610 WHAT THE HECK OF A WAR MORE LOT

02:04 - 16.860 MORE LIKE AN ASSESSMENT BEEN

02:04 - 18.380 LETTER YOU LATER SACKED,

02:04 - 19.900 SAYING WE'VE

02:04 - 24.420 INVESTIGATED AND THE SO SO TELL

02:04 - 26.610 ME HOW YOUR LETTER. IS MORE

02:04 - 26.850 LIKE

02:04 - 29.250 AN ASSESSMENT. THAT AND THE

02:04 - 31.780 COMPUTER GENERATED NOTICE THAT

02:04 - 33.480 YOU SAID EARLIER FOR PURPOSES

02:04 - 34.730 OF THE DEFINITION OF A SPECIMEN

02:04 - 35.210 IN THE CODE.

02:04 - 37.800 >>SURE ARE. THE EMAIL THAT WAS

02:04 - 40.550 SENT TO OPPOSING WAS

02:04 - 43.320 SEN. AFTER

02:04 - 44.740 THEY SUPPLIED THE DOCUMENTATION

02:04 - 46.420 NECESSARY TO DETERMINE THE

02:04 - 48.430 EARNINGS THAT WE'RE IN THE ERA

02:04 - 49.550 THAT WERE IDENTIFIED IN THE

02:04 - 52.270 ORIGINAL NOTICE THAT WAS UP TO

02:04 - 52.930 THAT POINT.

02:04 - 55.070 THERE HAVE BEEN NO

02:04 - 57.440 DOCUMENTATION SAYING WELL THOSE

02:04 - 59.190 EARNINGS COM FOR ARE COMPRISED

02:04 - 01.390 OF THIS TYPE OF.

02:05 - 02.610 >>OF

02:05 - 05.570 >>FOR ALL WE KNOW THERE ARE AS

02:05 - 06.840 WE POINT OUT THEIR BRIEFS OR A

02:05 - 08.300 CLASS STUDY OF INCOME IN

02:05 - 10.320 PENNSYLVANIA CAPITOL I KNOW I

02:05 - 11.520 KNOW YOU'RE SAYING I KNOW I

02:05 - 13.050 KNOW WHY YOU SENT THE LETTER.

02:05 - 14.110 >>AND THAT'S NOT WHAT I'M

02:05 - 15.800 TALKING ABOUT I KNOW WHY YOU

02:05 - 16.680 SENATE BUT YOU COULD HAVE

02:05 - 18.050 OFFERED JUST REALLY GOING TO BE

02:05 - 20.190 MALE LIKE YOU DID LATER OR

02:05 - 21.300 A LETTER AND

02:05 - 23.020 SAID HEY WE SAW THE PLANE COME

02:05 - 24.420 CAN YOU EXPLAIN AND WHAT IS

02:05 - 26.410 THAT THAT KIND OF THING THEY

02:05 - 26.980 HAD A

02:05 - 29.940 FORMAL C THAT THAT HE RECEIVE

02:05 - 31.850 THAT IT HAD TO HAVE THE YOU

02:05 - 33.150 KNOW THE GOVERNMENT ON IT AND

02:05 - 34.560 HAD IT THIS IS ACTION TO

02:05 - 36.040 COLLECT THE DEBT IT HAD THE

02:05 - 38.090 EXACT NATURE, I MEAN I'M AT AS

02:05 - 39.470 I LOOK AT THE CODE DEFINITION

02:05 - 41.420 THIS AFTERNOON. IT PRETTY MUCH

02:05 - 42.610 MONEY THE DEFINITION OF AN

02:05 - 43.690 ASSESSMENT, A HECK OF A LOT

02:05 - 44.610 MORE THAN YOUR E-MAIL

02:05 - 46.940 LATER DEAD. I KNOW YOU'RE

02:05 - 48.330 SAYING IT WAS JUST TO GET

02:05 - 50.540 INFORMATION. BUT SURELY YOU

02:05 - 51.530 COULD HAVE DONE THAT THE HECK

02:05 - 52.910 OF A LOT LESS FORMAL WAY.

02:05 - 55.260 >>WE ARE I THINK IF YOU LOOK AT

02:05 - 58.020 THE SCOPE OF A TAX COLLECTION

02:05 - 59.700 ON THIS HOLE.

02:06 - 02.020 IN THE LETTERS THE NOTICES THAT

02:06 - 03.650 WERE SENT OUR SON OUR SON OUT

02:06 - 05.540 TO YOU TOO. THOUSANDS OF

02:06 - 08.530 TAXPAYERS THE TAX OFFICER HAS

02:06 - 10.390 IDENTIFIED A DISCREPANCY IT

02:06 - 12.130 REALLY IS A FORM LETTER AND AS

02:06 - 12.520 THE TRIAL

02:06 - 16.480 YOU KNOW HELD AT THE NOTICE AND

02:06 - 18.770 THE CONDUCT OF OPPOSING COUNCIL

02:06 - 20.530 INDICATED THAT IT WAS NOT.

02:06 - 22.600 ASSESSMENT AND AS I STATED WE

02:06 - 23.700 SAY THEY'RE BRIEFING COULDN'T

02:06 - 25.300 HAVE BEEN AN ASSESSMENT BECAUSE

02:06 - 26.630 AN ASSESSMENT AS DEFINED BY THE

02:06 - 27.920 LOCAL TAXPAYER BILL OF RIGHTS

02:06 - 29.500 IS DETERMINATION THAT THE TAXES

02:06 - 31.280 DUE AND HOW ARE YOU SUPPOSED TO

02:06 - 33.430 KNOW THAT ATTACK TO DO IF YOU

02:06 - 34.400 DON'T KNOW THE NATURE OF THE

02:06 - 36.950 TAX. THE INFORMATION PROVIDED

02:06 - 37.140 IN THE

02:06 - 39.100 NOTICE IS WELL YOU'RE RIGHT

02:06 - 41.040 DIRECTION, DO YOU SAID YOU THAT

02:06 - 43.050 IF YOU DON'T YOU NEED TO DO

02:06 - 43.840 SOMETHING.

02:06 - 46.520 >>0.30 DAYS OR YOU HAVE TO PAY

02:06 - 47.240 THE TAX.

02:06 - 48.200 >>IT WILL

02:06 - 50.050 DETERMINE NATION. THE LINE OR

02:06 - 51.740 YOU OR LEAVE THAT I'M LESS

02:06 - 52.690 YOU'RE SAYING YOU'RE SENDING

02:06 - 53.740 THESE NOTICES.

02:06 - 56.010 >>OUR WITHOUT KNOWING WHETHER A

02:06 - 56.420 TAX

02:06 - 59.450 IS DUE AND EVERY THAT THAT'S

02:07 - 02.760 INTERESTING

02:07 - 04.880 WAY TO WAY TO GET INFORMATION

02:07 - 05.790 TO THE TREATMENT OF MARRIAGE

02:07 - 06.810 ACT DO HERE WE THINK

02:07 - 08.490 IT IS WE'VE BEEN Q A WITH A

02:07 - 09.880 MILLION DOLLARS IN TAXES

02:07 - 11.260 APPROVAL PROVE US WRONG OR GIVE

02:07 - 12.500 US INFORMATION IF YOU DON'T DO

02:07 - 13.660 IT IN 30 DAYS, THE TAX

02:07 - 14.170 MAN COMETH.

02:07 - 15.790 >>WELL YOUR HONOR I THINK IT'S

02:07 - 17.420 IMPORTANT TO FIRST RECOGNIZE

02:07 - 19.270 THAT IS NOT THE GAY SHUN ON

02:07 - 21.070 INDIVIDUALS TO FILE AN

02:07 - 22.670 AFFIRMATIVE OBLIGATION TO FILE

02:07 - 23.580 THEIR TAX RETURN AND ALL

02:07 - 25.900 SUPPORTING GOT. IS THAT THE

02:07 - 29.000 NOTICE CLEARLY THAT THE FIGURES

02:07 - 30.270 GENERATED IN THERE ONE OUR

02:07 - 33.550 CULINARY ANALYSIS INTO A BIG

02:07 - 36.470 FOUND A BALANCE.

02:07 - 38.460 >>DO AS OF THE DATE OF

02:07 - 42.950 THE NOTICE. $437,000 WHERE DOES

02:07 - 43.870 IT SAY THIS TOO.

02:07 - 46.710 >>RIGHT BEFORE

02:07 - 48.310 THE FIGURES AND SAY IS THIS

02:07 - 50.320 PRELIMINARY ANALYSIS INDICATES

02:07 - 51.090 A DEFICIENCY

02:07 - 55.200 AND PRIOR TO EXPLAINS HOW THE

02:07 - 56.400 PRELIMINARY ANALYSIS

02:07 - 58.640 IS CONDUCTED AND AS I SAID THEY

02:07 - 00.420 EXAMINE EARNINGS REPORT TO THE

02:08 - 00.830 DEPARTMENT

02:08 - 02.470 OF REVENUE COMPARE THAT WITH

02:08 - 03.650 WHAT WAS WHAT IS FILED WITH

02:08 - 05.410 LOCAL GOVERNMENTS.

02:08 - 09.330 IT PROVIDES. AND WHAT'S MY

02:08 - 11.440 NATION AS TO WHY THOSE FIGURES

02:08 - 12.400 COULD BE WRONG.

02:08 - 15.510 IN THIS CASE AS I SAID DID THE

02:08 - 16.900 NATURE OF THE EARNINGS WERE

02:08 - 18.480 KNOWN TO THE TAX OFFICER AT

02:08 - 20.070 THERE'S NO RETURNS FIRE.

02:08 - 22.400 SO IT

02:08 - 25.000 REALLY IS AS THE NOTICE

02:08 - 25.910 EXPLAINS THE PRINT IT

02:08 - 27.840 PRELIMINARY ANALYSIS WHERE THE

02:08 - 29.970 TAX OFFICER DOES NOT

02:08 - 32.200 KNOW IF IF THE AMOUNT LISTED

02:08 - 34.370 THERE IS ACTUALLY DO IT'S A

02:08 - 34.680 IT'S

02:08 - 37.310 ESSENTIALLY EVEN AN EDUCATED

02:08 - 39.570 GUESS BASED ON WHAT IS FILED

02:08 - 41.030 WITH THE DEPARTMENT OF REVENUE

02:08 - 43.160 AS AS I STATED THERE ARE

02:08 - 45.210 SITUATIONS WHERE EVEN IF THE

02:08 - 47.730 TAX WAS FULLY WITHHELD IT COULD

02:08 - 48.710 HAVE BEEN SUBMITTED TO A

02:08 - 50.130 DIFFERENT TAX COLLECTOR

02:08 - 51.530 AND ANY SUPPORTING

02:08 - 53.440 DOCUMENTATION COULD INDICATE

02:08 - 55.200 USED BY THE TAX OFFICE OR

02:08 - 56.600 SUBMIT A CLAIM TO THE ATTACK

02:08 - 57.970 THAT OTHER TAX OFFICER TO GET

02:08 - 00.590 THOSE TAX FUNDS BACK IS

02:09 - 02.260 REALLY EASY. THE ESTABLISHMENT

02:09 - 04.110 OF A DIALOGUE. AND THAT'S

02:09 - 05.980 PRECISELY WHAT HAPPENED HERE AS

02:09 - 08.640 SOON AS QUESTION AND SO.

02:09 - 10.770 >>WHO WOULD YOU HAVE A FORMAL

02:09 - 12.180 ASSESSMENT FORM.

02:09 - 13.660 >>THIS WAS DONE BY

02:09 - 14.760 EMAIL APPARENTLY.

02:09 - 17.100 >>I WAS SOMEBODY YOU KNOW I

02:09 - 19.210 THINK HE'S NOT ACTUALLY FOR SO

02:09 - 20.280 THERE'S NOTHING FORMAL THAT

02:09 - 20.720 YOU HAVE.

02:09 - 22.290 >>KNOWING THE LAW DOESN'T

02:09 - 23.620 REQUIRE IT THERE IS NO STATUTE

02:09 - 24.220 THAT SAYS

02:09 - 26.370 THERE HAS TO BE A FORM THAT IS

02:09 - 27.390 SENT OUT SAYING THIS IS A

02:09 - 28.960 DETERMINATION ALL IT SAYS IS.

02:09 - 31.880 >>A FINAL DETERMINATION HAS TO

02:09 - 32.570 BE SENT OUT

02:09 - 35.900 REASONING. EXPLANATION IS TO

02:09 - 37.900 PROVIDE TO THE THE ATTACKS.

02:09 - 38.640 THAT'S THAT'S WHAT

02:09 - 40.990 OCCURRED HERE. IT WAS THE TURN

02:09 - 42.800 IT WAS COMPENSATION AGAIN AFTER

02:09 - 44.330 THE DOCUMENTATION WAS SUPPLIED

02:09 - 46.090 AFTER REPEATED REQUESTS.

02:09 - 48.950 >>2 OPPOSING COUNCIL.

02:09 - 51.710 I YOU GET THAT THOSE DOCUMENTS

02:09 - 52.590 INTO THAT WE COULD ACTUALLY

02:09 - 53.550 DETERMINE THE NATURE OF THE

02:09 - 54.440 EARNINGS AND MAKE A

02:09 - 55.740 DETERMINATION AS TO WHETHER OR

02:09 - 56.750 NOT WE'RE TAXABLE

02:09 - 59.920 IT WAS YOUR MISSION AS

02:09 - 01.080 CAMBER 7.

02:10 - 02.900 >>WELL THE DAY YOU MADE THAT

02:10 - 03.790 DETERMINATION.

02:10 - 06.030 >>IT'S THE ONLY DAY THAT THAT

02:10 - 07.380 IT COULD BE YOUR OWN OR BECAUSE

02:10 - 11.500 WE WANT TO OF THE APPEAL IS THE

02:10 - 13.980 >>NUMBER 28. I

02:10 - 17.310 WE'RE WITH I BELIEVE IT OR NOT

02:10 - 18.460 YOU'RE RUNNING OUT OF TIME ON

02:10 - 18.650 YOUR

02:10 - 22.230 >>I WOULD LIKE YOU TO ADDRESS

02:10 - 23.830 AND WHY THIS IS HAPPENING

02:10 - 25.680 STATION FOR SERVICES RENDERED.

02:10 - 27.000 >>THANK YOU YOUR HONOR THE

02:10 - 27.580 TRIAL COURT

02:10 - 31.060 FOUND THAT THE THAT

02:10 - 32.520 THE WHISTLEBLOWER AND THE

02:10 - 34.430 GOVERNMENT WERE IN A PRINCIPAL

02:10 - 36.180 AGENCY RELATIONSHIP AND THE

02:10 - 37.490 DEFINITION OF COMPENSATION

02:10 - 39.150 REQUIRES THERE TO BE THIS

02:10 - 41.100 RELATIONSHIP TEXAS AND IT

02:10 - 42.550 PROVIDES A SPECTRUM OF

02:10 - 43.530 RELATIONSHIPS HERE.

02:10 - 45.970 >>CLASSIC RELATIONSHIP IS THE

02:10 - 47.530 EMPLOYER EMPLOYEE RELATIONSHIP.

02:10 - 49.560 WHERE YOU YOU KNOW A

02:10 - 52.700 9 TO 5 JOB. THIS IN AGENCY

02:10 - 53.920 PRINCIPAL RELATIONSHIP AND THEY

02:10 - 55.350 HAVE PROVIDED CASUAL EMPLOYER

02:10 - 57.060 COUNCIL EVEN RELATIONSHIP

02:10 - 59.930 I THINK THE FORMAL CLEAR AND

02:10 - 01.060 CHILLY RELATIONSHIP AND THE

02:11 - 03.380 CASUAL EMPLOYEE HAVE ONE PLAYER

02:11 - 05.040 RELATIONSHIP CREATE A NICE

02:11 - 06.370 BOOKEND TO THE SPECTRUM BECAUSE

02:11 - 06.630 IF YOU

02:11 - 08.330 LOOK AT PENNSYLVANIA, THE

02:11 - 09.290 CONDITION OR THAT THE

02:11 - 10.990 DEFINITION OF CAREFUL EMPLOYER.

02:11 - 13.350 WORMSLEY HE AND THE PA CODE,

02:11 - 15.240 IT'S VERY VERY BROAD.

02:11 - 17.740 ESSENTIALLY

02:11 - 20.520 IS INDIVIDUAL

02:11 - 23.360 WHO PERFORMS. MIKE FREEMAN

02:11 - 25.080 REFRAINS FROM PERFORMING ANY

02:11 - 27.360 SERVICE OF WHAT EVER NATURE.

02:11 - 29.450 IT IS NOT AN EMPLOYEE. IT'S

02:11 - 33.360 INCREDIBLY BROAD CLASS OF OF

02:11 - 37.480 RELATIONSHIPS, THERE AND THIS

02:11 - 38.310 WAS MORE THAN THAT

02:11 - 39.660 THIS WAS A MAJOR ASIAN

02:11 - 42.150 PRINCIPAL WHEN YOU EXAMINE.

02:11 - 44.080 A PENNSYLVANIA CASE LAW.

02:11 - 46.400 AND AS WE IDENTIFY HER

02:11 - 49.030 THERE ARE THESE 3 PRINCIPLES

02:11 - 51.130 THAT ARE REQUIRED FOR HER

02:11 - 53.780 THREE-PART TEST. THAT REQUIRE

02:11 - 55.750 TO SATISFY NEEDS TO PRINCIPAL

02:11 - 57.590 RELATIONSHIP AND A TRUCKER FROM

02:11 - 58.540 ONE EXISTS HERE.

02:12 - 05.080 EUROPE DO I HAVE A WE TALK

02:12 - 05.550 ABOUT ANY

02:12 - 06.990 EMPLOYMENT RELATIONSHIP.

02:12 - 09.270 >>THE IN IT COMES DOWN TO THE

02:12 - 11.040 ULTIMATELY THE EMPLOYER HAVING

02:12 - 12.100 THE RIGHT TO CONTROL.

02:12 - 15.160 HOW DO YOU MIND THAT UP WITH

02:12 - 17.800 THE FACTS HERE WHERE YOU KNOW

02:12 - 19.060 ULTIMATELY THE GOVERNMENT

02:12 - 20.410 DIDN'T HAVE THE RIGHT TO

02:12 - 21.850 CONTROL AS OPPOSING COUNSEL

02:12 - 23.910 POINTED OUT THAT IF MR.