Enron Mail

From:michelle.cash@enron.com
To:cindy.olson@enron.com, j..kean@enron.com
Subject:FW: OFCCP
Cc:kriste.sullivan@enron.com, sharon.butcher@enron.com, james.derrick@enron.com
Bcc:kriste.sullivan@enron.com, sharon.butcher@enron.com, james.derrick@enron.com
Date:Thu, 30 Aug 2001 14:39:29 -0700 (PDT)


As I mentioned in my voice mail, Carl Jordan obtained some promising news a=
bout 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 meetin=
g on Wednesday.

Michelle

-----Original Message-----
From: =09"Jordan, Carl" <cjordan@velaw.com<@ENRON [mailto:IMCEANOTES-+22Jor=
dan+2C+20Carl+22+20+3Ccjordan+40velaw+2Ecom+3E+40ENRON@ENRON.com]=20
Sent:=09Thursday, August 30, 2001 2:20 PM
To:=09Cash, Michelle
Subject:=09OFCCP


ATTORNEY / CLIENT PRIVILEGED COMMUNICATION
=20
Michelle, this summarizes what I have learned thus far about possible circ=
umstances of the Busch letter.
=20
John Tysse at EEAC indicated that the new leadership at DOL and at OFCCP i=
s 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 cour=
se, 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., delibe=
rate) approach to changes so as not to unnecessarily provoke outbursts fro=
m 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 pol=
itically charged to drop altogether; perhaps it will be reworked to be mor=
e manageable.) While there has been no indication of a formal enforcement=
policy shift as to Dubray cases, Tysee said he is aware of another ongoin=
g case where the national office appeared to be pulling the strings, even =
though the region was still handling dialogue with the contractor.
=20
Len Bierman, the former career Deputy Director at OFCCP who is now a consu=
ltant, said about the same thing as Tysse as to the new DOL and OFCCP lead=
ership being sensitive to issues that concern business and the fact that t=
hey have not been in place long enough to effect changes yet. (There is n=
ot yet an Asst. SOL for Employment Standards.) He is not aware of any pus=
h to clear out Dubray cases pending in the national office. However, he k=
nows Busch well from their agency days and does not believe he is strongly=
committed to the Dubray methodology because he understands its deficienci=
es. His guess is that the letter may signal a desire by the national offi=
ce to find a way to get your case off their docket.
=20
I have sent an email (you are blind copied) to some folks at law firms aro=
und the country to see if they know of similar letters being sent. I will=
keep you advised. Best regards. =20
W. Carl Jordan
Vinson & Elkins L.L.P.
1001 Fannin
2300 First City Tower
Houston, Texas 77002
(713) 758-2258
(713) 615-5334-fax