In the Matter of Mars, Inc. and VCA Inc., File No. 171-0057
In the Matter of Mars,Incorporated and VCA Inc., File No.171--0057 Under V. Consent Agreement it states: First, the Consent Agreement prevents Mars for a period of one year from contracting with any specialty or emergency veterinarian affiliated with a divested clinic. There are veterinarians that at the time of sale were on-call employees at the divested clinics, therefore affiliated with them. These veterinarians work relief shifts at veterinary hospitals all over the area and should be exempt from this portion of the agreement as it greatly hampers their ability to earn an income if they cannot continue to work relief shifts at both the divested hospitals as well as those owned by Mars. This is in reference to those who are not full-time employees of the divested clinics and have long standing working relationships with the Mars owned and divested clinics. It also states: As part of these divestitures, Mars and VCA are required to provide reasonable financial incentives to certain employees to continue in their positions. Such incentives may include, but are not limited to, guaranteeing a retention bonus for the specialty veterinarians at the divestiture clinics to assure their continued employment at such clinic, a continuation of all employee benefits, including the funding of regularly scheduled raises and bonuses, and the vesting of pension benefits (as permitted by law and for those Relevant Employees covered by a pension plan), offered by the parties. It appears there is an inequity in the agreement regarding these emergency/on-call professionals who provide an invaluable service, but because of the nature of type of service/work arrangement were clearly unintentionally overlooked. This should be corrected by allowing an exemption for these professionals allowing them to be contracted or employed by Mars owned facilities.