Subject: FW: OFCCP
From: [email-masked]
To: [email-masked], [email-masked]
Cc: [email-masked], [email-masked], [email-masked]
Date: Thu, 30 Aug 2001 14:39:29 -0700 (PDT)

As I mentioned in my voice mail, Carl Jordan obtained some promising news about the Busch letter from OFCCP.  Below is a more detailed summary of the information I highlighted in the voice mail.

Let me know if you have any questions.  I am working on scheduling a meeting on Wednesday.

Michelle

 -----Original Message-----
From: 	"Jordan, Carl" <[email-masked]>@ENRON [mailto:IMCEANO[email-masked]] 
Sent:	Thursday, August 30, 2001 2:20 PM
To:	Cash, Michelle
Subject:	OFCCP

ATTORNEY /  CLIENT PRIVILEGED COMMUNICATION
 
Michelle, this  summarizes what I have learned thus far about possible circumstances of the  Busch letter.
 
John Tysse at EEAC  indicated that the new leadership at DOL and at OFCCP is very business  oriented.  The new OFCCP director is Charles James; he was the EEO manager  at Bell Atlantic.  However, he is new in the job, of course, and has not  had any opportunity to review enforcement policy issues.  Thus, Tysse is  not aware of any policy shifts to date, nor is he aware of any volume mailing of  the kind of letter Enron received.  Tysse is hearing that DOL and OFCCP  leadership will probably take a cautious (i.e., deliberate) approach to changes  so as not to unnecessarily provoke outbursts from Congress or advocacy  groups.  But the word is that policy reevaluations will occur.  (This  includes the EEO survey, which Felicia asked about this morning, although  Tysse speculated that the survey issue might be too politically  charged to drop altogether; perhaps it will be reworked to be more  manageable.)  While there has been no indication of a formal enforcement  policy shift as to Dubray cases, Tysee said he is aware of another ongoing case  where the national office appeared to be pulling the strings, even though the  region was still handling dialogue with the contractor.
 
Len Bierman, the  former career Deputy Director at OFCCP who is now a consultant, said about the  same thing as Tysse as to the new DOL and OFCCP leadership being sensitive to  issues that concern business and the fact that they have not been in place long  enough to effect changes yet.  (There is not yet an Asst. SOL for  Employment Standards.)  He is not aware of any push to clear out Dubray  cases pending in the national office.  However, he knows Busch well from  their agency days and does not believe he is strongly committed to the Dubray  methodology because he understands its deficiencies.  His guess is that the  letter may signal a desire by the national office to find a way to get your case  off their docket.
 
I have sent an email  (you are blind copied) to some folks at law firms around the country to see  if they know of similar letters being sent.  I will keep you advised.   Best regards.  
W. Carl Jordan
Vinson & Elkins L.L.P.
1001 Fannin
2300 First City Tower
Houston, Texas 77002
(713) 758-2258
(713) 615-5334-fax