Message-ID: <25162738.1075853129053.JavaMail.evans@thyme> Date: Fri, 24 Aug 2001 15:51:54 -0700 (PDT) From: michelle.cash@enron.com To: david.lund@enron.com Subject: FW: OSHA JENKS - Discrimination Case #6-3550-01-011 Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Cash, Michelle X-To: Lund, David X-cc: X-bcc: X-Folder: \MCASH (Non-Privileged)\Cash, Michelle\Sent Items X-Origin: Cash-M X-FileName: MCASH (Non-Privileged).pst FYI. I've left him a message that it is "no problem" in this instance. But, I know that you were interested in having it reviewed before it went out, so I wanted to let you know what was happening. MHC -----Original Message----- From: Frank.Garrard@nepco.com@ENRON [mailto:IMCEANOTES-Frank+2EGarrard+40nepco+2Ecom+40ENRON@ENRON.com] Sent: Friday, August 24, 2001 3:44 PM To: Cash, Michelle Subject: RE: OSHA JENKS - Discrimination Case #6-3550-01-011 No problem with the review process however it is worth noting that attempts were made to contact you however you were out of the office for a few days. Taking the next step, I tried to contact Dave Lund and or Dave Hattery and they too were out. In needing to get the response out I did not have the luxury of waiting for everybody to return. Thus, I went a head and sent it out as we have historically. Thank you for your time, assistance and input on this case. Frank Garrard -----Original Message----- From: Michelle.Cash@enron.com [mailto:Michelle.Cash@enron.com] Sent: Friday, August 24, 2001 1:00 PM To: IMCEANOTES-Frank+2EGarrard+40nepco+2Ecom+40ENRON@ENRON.com Subject: RE: OSHA JENKS - Discrimination Case #6-3550-01-011 Thanks, Frank, for the update. It sounds like this one will go away. If you don't mind, in the future, I would appreciate the opportunity to review the response before it goes to OSHA. Thanks a lot. Have a good weekend. Michelle -----Original Message----- From: Frank.Garrard@nepco.com@ENRON [mailto:IMCEANOTES-Frank+2EGarrard+40nepco+2Ecom+40ENRON@ENRON.com] Sent: Friday, August 24, 2001 11:20 AM To: Cash, Michelle Cc: Lund, David Subject: OSHA JENKS - Discrimination Case #6-3550-01-011 Michelle, This is to advise of the action taken by NEPCO and the current status of the claim mentioned in the subject line of this e-mail. In maintaining contact with the OSHA Investigator on this case, I've had several amiable conversations regarding She's status and stance in the matter. As you know, by virtue of my initial call to the Investigator (Randall L. Ounce) NEPCO satisfied the first requirement of the 15 day response window. I advised him during that call that NEPCO was in the discovery phase whereby documentation was being collected to support NEPCO's position. He admitted to not yet having dialogue with the claimant and therefore took no exception to our needing more time. He in fact added one additional week to the two weeks I had requested. He felt it may take this long for him to review the allegations and contact the claimant. In a subsequent conversation a week later, I advised him of the fact that information was still coming in about the case. Again, he stated he was unable to contact the claimant despite numerous calls to the claimants home. On August 15, 2001 I completed NEPCO's formal response to Mr. Koonce's which was mailed the same day certified-return receipt. I called Mr. Ounce to advise him that our response had been mailed. Once more he said that he had been unable to contact the claimant. She's plan is to send written notification to the claimant with a set number of days in which the claimant must respond. In the event claimant doesn't, OSHA will close the case. At this time, Mr. Ounce does not have a strong feeling the claimant will respond. Additionally, after discussion of the supporting documents, timelines and the lack of response by the claimant, Mr. Ounce admitted to believing this to be a classic case of employee disgruntlement. My feeling is that the case will be closed by OSHA with no further action. So that you may enter it into your file, I will mail you a hard copy of NEPCO's formalized response. Regards, Frank Garrard Manager, EH&S NEPCO (425) 415-3033 (Direct) (425) 415-3000 (Main) ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. (or any of its affiliates) and the intended recipient or any other party, and may not be relied on by anyone as the basis of a contract by estoppel or otherwise. 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