Monday, November 16, 2009

UC - referee performance - backlog

Horwitz v. Dept. of Labor and Industry - Cmwlth. Court - November 16, 2009 - unreported memorandum decision

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/221CD09_11-16-09.pdf

UC referee's challenge to his employee performance report (EPR) rejected, holding that there was no discrimination against him based on non-merit factors.

The EPR essentially reflects the Department’s conclusion that Horwitz had an unacceptable backlog of decisions. Two standards pertinent to the present case provide as follows:

Disposal of Cases - Each referee is to schedule and dispose of an average of 30-35 appeals per week. 30-35 meets standard, more than 35 exceeds standard.
Issuance of Decisions - Federal mandates will remain the same until new mandates are promulgated in the near future. 60% of all hearings decided within 30 days, 80% of all hearings decided within 45 days are satisfactory.

In addition to the federal standards, DOLI requires that all Referees issue decisions as quickly as possible after hearings.

The opinion indicates that there were "nine complaints during the fall of 2007 from parties who had waited two to four months for decisions from Horwitz."

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