Discussed this briefly with Ben this morning as part of the discussion I had
with him reviewing the Alexander matter. Suggest to move this matter along,
I'll a have Connie set up a conference call first part of next week.

Connie pls try and arrange for on either Monday afternoon or on Tuesday.
Thanks.

-----Original Message-----
From: Herman, Ben [mailto:Ben.Herman@ENRON.com]
Sent: Friday, November 16, 2001 6:40 AM
To: Cash, Michelle; Lund, David; Indivero, Michael
Cc: Seleznov, Ryan; Palmer, Lizzette
Subject: RE: Sharon Davis EEOC Charge -- Jenks, Oklahoma


Michelle,

I do not think reinstatement is a settlement option we want to pursue.
We should, perhaps discuss other options, though.

bh

>  -----Original Message-----
> From: 	Cash, Michelle
> Sent:	Friday, November 16, 2001 2:24 AM
> To:	Lund, David; Indivero, Michael
> Cc:	Herman, Ben; Seleznov, Ryan; Palmer, Lizzette
> Subject:	Sharon Davis EEOC Charge -- Jenks, Oklahoma
>
> The EEOC investigator on the Sharon Davis charge called me earlier
> this week to make a settlement proposal.  Ms. Davis would like to be
> reinstated to work at another NEPCO job site at the rate of pay at
> which she was employed while working at Jenks.  She would not,
> however, like to go to El Dorado, as she believes the people who
> mistreated her now are working there.
>
> I told the investigator that I wasn't sure whether reinstatement was
> an option at all, given the reasons for her discharge.  I asked her
> what the alternative would be.  While she is obtaining that
> information, I told her that I would raise the reinstatement route
> with you.
>
> Although Ms. Davis was terminated for undermining the brass-in,
> brass-out rule by leaving her station, the investigation revealed
> several mitigating circumstances for her actions.  One, the power was
> out completely.  She previously had indicated a fear of working on the
> site at night, but she had no flashlight or any way to reach anybody
> from the site.  Second, there is the contention that the security
> guard came by and told her to leave.  Third, this offense is not a
> terminable one under the NEPCO progressive discipline policy (although
> of course that policy provides for flexibility based on the
> circumstances).  Ben's investigation revealed some other reasons why
> he was concerned about how Ms. Davis had been treated; he can provide
> detail, if we want.
>
> The bottom line is that I do not see this as a slam dunk situation,
> and I believe that some sort of resolution would be fruitful.  What
> that may look like remains an open question.
>
> Let me know your thoughts.
>
> Michelle


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