TO: AC Transit Board of Directors
FROM: Jill A. Sprague, General Counsel/Chief Legal Officer
SUBJECT: Alternative Dispute Resolution Program and Leave Management Committee
BRIEFING ITEM
AGENDA PLANNING REQUEST: ?
RECOMMENDED ACTION(S):
Title
Consider receiving an update on the District's Alternative Dispute Resolution (ADR) Program and Leave Management Committee [Requested by Director Walsh - 10/26/22].
Staff Contact:
Jill A. Sprague, General Counsel/Chief Legal Officer
Body
STRATEGIC IMPORTANCE:
Goal - High-Performing Workforce
Initiative - Service Quality
Operator availability is a key concern with respect to providing reliable service and to restoring service. The ADR program and Leave Management Committee were created to address lengthy operator absences and to reduce Workers' Compensation litigation costs.
BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact related to this report.
BACKGROUND/RATIONALE:
The Alternative Dispute Resolution Program (ADR) was implemented with Amalgamated Transit Union (ATU) on July 2, 2021, in an effort to informally resolve disputes regarding workers' compensation claims and treatment to avoid litigation and return ATU members to work more quickly.
Staff has 18 months of data for this program and preliminary results are positive. Specifically, the percentage of claims closed increased from 59.6% to 64.7% when comparing the 18 months prior to implementation of the ADR program to the 18 months following its implementation. This increase is even more significant in light of the fact that fewer claims were reported in the period before ADR (611) than the period after ADR (688). The District's percentage of litigated claims has also decreased from 18% to 12.6% following the implementation of ADR.
A review of the first year of the ADR program further demonstrates a decrease in average number of lost days for claims filed the year after ADR implementation compared to the year prior. Specifica...
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