Clarence D. Kightlinger - Page 10

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               Subsequently, a "motion for distribution of notice and                 
          release form" was filed by the Plaintiffs.  The motion outlined             
          the independent trustee's determination of the method for the               
          allocation of the funds among the individual class members.                 
          Pursuant to the guidelines in the joint stipulation of                      
          settlement, the independent trustee considered factors such as              
          age, years of seniority, and the amount of severance pay                    
          received.  Some of the independent trustee's findings, as                   
          pertaining to petitioner,4 are as follows:                                  
                    Since some terminated employees received up to two                
               weeks severance and others received less, the first priority           
               will be to distribute the settlement funds to bring each               
               qualified claimant up to two weeks of severance pay for each           
               full year of seniority.  Any remaining funds will be                   
               distributed mainly to terminated employees who did not                 
               transfer or receive ERIP [early retirement incentive                   
               program] on the basis of the following point system:                   
               [The point system allocated points based on:  (1) Age,                 
               increasing from age 25 to age 51 and decreasing from age 51            
               and up; and (2) years of service, increasing per year of               
                       *     *     *     *     *     *     *                          
                    The rationale for basing this point system on seniority           
               and age is that workers who were near retirement age when              
               they were terminated were not damaged as much as younger               
               workers, (50, say) who probably will have more years of                
               lower-paying work or unemployment than a 58-year-old worker            
               who was closer to retirement.  Similarly, young workers                

          4  Pursuant to the joint stipulation of settlement,                         
          claimants were divided into different priority groups.  The group           
          with the top priority included ex-employees who were terminated             
          without transfer of benefits under an early retirement incentive            
          program (ERIP).  Petitioner was a member of this group inasmuch             
          as ERIP was not available to any of the Union members.                      

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