secretive on earth the great majority of them are paid a different amount paid every two weeks at any given time we have at least a thousand of those teachers w pay problems why because they don't wonder really understand why they're very different amounts how much they're paid and they can't determining whether something is wrong appointed them and i was asking you to refrain from doing that the may twentieth level letter there was an attachment and the attachment seemed to say on the part of this it defies there are certain issues that there are certain problems with the pay stubs that you've identified that will not be fixable and that was as early as twenty eleven and the question is given that you were on notice as of twenty eleven that they were problems that weren't going to be fixed didn't the unfair labor practice charge knew the facts was fully on board to volunteer to help with what very could do and this is a very important concept if you look at the information paper there are certain things that the president cannot do because they don't have  in there was an e mail that then minutes that were introduced into evidence were basically there was a request me to make modifications or to seek modifications that request was proved i think  my time period of october twenty two would those requests if they had all been approved and implemented fully complied with arbitrary or breache me so there really even accepting that the letter might have put you on notice that the parts than the fast could deal with might not be dealt with by d fast there were other aspects that could have been dealt with by de fast that that letter did not speak to this correct and or if difference can't do it it still r acted on this application or what you know do a lot of information because of no need to do that of explaining that i have a lot more to say that i don't think is necessary the most controversial part is what are we going to do about it now normal in normal times it would be there for a good it would be here the worst media possibly happen because we've got your p d in our favor but we cannot force compliance only they have already can do it and they don't have to do it that's why i over time not a single decision maker the rule for the agency was overturned this bias is on the public record don't take my word for it is there party's actions have been followed that's what you're referring to yes you're the first express rejection that you pointed us to maybe the only one is the may third twenty ten letter yes ok so that letter i happen to be looking at beat has most of the structure and functions you require it's fact the blue highlighted items have most of the functions you require the information paper is in the get stock and i device most of your for changes depressing what it can or can't do and nowhere does the party then take that and say hey if they can't do it we can't do it actually the implication is we're still bound we'll work with you maybe there's some alternative on this one itself what work was your second baby what was my second baby if you were to look at contains the  of the current time and that would depend on third parties acting well you have the age that removed the district or they arbitrator didn't say you have to do something even if there is no money on earth that can pay for it i mean  award as requiring that there has to be funding it says until funding is obtained doesn't say we're not going to seek funding doesn't say we're never going to get funding but compliance in this case then is placed on third parties who aren't party to the arbitration and have no incentive to assist the agency attempting to comply the truth of the matter is that the agency didn't have the ability to change its own payroll system till funding is down but even be until kind in years in tain but there's that you need a third your honor in this case yes the agency was being held responsible in hell and being asked to continue to attempt to comply with something that he could not find at your honor if i was what was the purpose of the language  flying but but the but the agency here identified this in the also brought to the arbitrator's attention that there were changes that were being requested by this third party i mean what's what's the relevance of bringing that to why bring that to the arbitrator's attention if the third party basically is irrelevant because they are they are a party  what the third party may seek those changes and i'm certainly the agency can have asked a third party to make those changes but the truth of the matter is that big agency has no control over that very hard and the continuation of this proceeding over the course of five years was basically waiting to see if the agency could convince third parties to make changes that that needed to be made so wonderful so it is also hard to see that as a rejection by the agency i mean internal e mails the record suggests that if the deal was still trying to comply with the award long after this may twenty ten letter in august twenty ten meeting in a video was acting as  compliance was still a possibility how are we supposed to affirm an order that assumes that the employees are not well your honor i think first of all the agency  this problem one is was there an expressed an aisle and two i think drudge work was getting at the question one to be what did the union reasonably understand that's a separate question from whether there was an expressed and i o so this meeting went with this implementation hearing occur in august of twenty two so then at that time notwithstanding what you told us about the mail letter of the mail letter the agency was still saying that they and volunteered to help us right requirements document to send forward to the change control well the problem with that is that the cost involved could be significant and if you get the approval would come from third parties who are not subject to the arbitration did anyone tell from the agency say to the either of the arbitrator or the union we are never going to get funding for this they did say that they were never going to have funding for it but certainly the union and the arbitrator knew that the agency was attempting to get another third party who was not subject to the arbitration to prove something we had no incentive to do that  the third paragraph the agency is requesting that you can sue the totality of the respective agencies efforts and that you were accept the upgrades as meeting the spirit and intent of we cannot comply with the other portions it doesn't have to be an either or and that's what the agency had been saying with them so what you're saying is they're meeting the intent of the order so if the intent of the order is only substantial compliance decision was supported by substantial evidence with respect to the express rejection then there is substantial evidence in the record and it is articulated in the decision that the facts and circumstances of this case sh review be denied on that ground time there is no basis in law for retention of jurisdiction in these cases in quite frankly the allegations fact the union has made with respect to the members of the authority are frivolous there is nothing in basis they'll get a fair shake when they go back and if they disagree if if the already doesn't press their claim for example what recourse any way that the system is supposed to work so i think that opposing counsel is speculating that send it back there's an unfair labor practice but the authority doesn't want to press it to this court if that decision the decision will go back to the authority and the authority has a responsibility to to act on it and there is nothing to indicate that the authority would not fill its obligations under the statute and presumably if it doesn't act they can appeal right and if the failure to act is arbitrary and capricious and we could have worse action and if it is supported by substantial evidence and we don't that's correct your honor ok warrant to do whatever he thought us can do and then they're going to provide the funding for do gear to do the rest everything they can do and i like this just fine i say the stronger your order the more