OFFICIAL REPORT OF PROCEEDINGS BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 19. Respondent, Charging Party.

Transcription

1 OFFICIL REPORT OF PROCEEDINGS BEFORE THE NTIONL LBOR RELTIONS BORD REGION In the Matter of: IM erospace Sumner, Inc., Respondent, Case Nos. -C-0 -C-0 and International ssociation of Machinists, District, Charging Party. Place: Seattle, Washington Dates: February, 0 Pages: through Volume: OFFICIL REPORTERS escribers, LLC E-Reporting and E-Transcription North th Street, Suite 0 Phoenix, Z 00 (0) -0

2 UNITED STTES OF MERIC BEFORE THENTIONL LBOR RELTIONS BORD REGION In the Matter of: IM EROSPCE SUMNER, INC., Respondent, Case Nos. -C-0 -C-0 and INTERNTIONL SSOCITION OF MCHINISTS, DISTRICT, Charging Party. The above-entitled matter came on for hearing, pursuant to notice, before ELENOR LWS, dministrative Law Judge, at the National Labor Relations Board, Region, James C. Sand Hearing Room, Jackson Federal Building, Second venue, Seattle, Washington, on Wednesday, February, 0, :00 a.m.

3 0 PPERNCES On behalf of the General Counsel: RYN CONNOLLY, ES. NTIONL LBOR RELTIONS BORD - REGION Second venue Seattle, W Tel. (0)0- Fax. (0)0-0 On behalf of the Charging Party: SPENCER NTHN THL, ES. INTERNTIONL SSOCITION OF MCHINISTS, DISTRICT th Place South Seattle, W 0 Tel. (0)-0 Fax. (0)-00 On behalf of the Respondent: CHRLES P. ROBERTS, III, ES. CONSTNGY BROOKS, SMITH & PROPHETE LLP 00 N. Cherry Street, Suite 00 Winston-Salem, NC 0 Tel. ()-00 Fax. ()-00 W. MELVIN HS, III, ES. CONSTNGY BROOKS, SMITH & PROPHETE LLP P.O. Box Macon, G 0- Tel. ()- Fax. ()0-0

4 INDEX 0 WITNESS DIRECT CROSS REDIRECT RECROSS VOIR DIRE Rodney Christian 0 Craig Beder Darlene Goff 0 0 daire Noonan 0 Katy Pine 0 James Dildine / Rebecca Cole /0 Lori-nn Downs-Haynes /0 Kendrick James 0 0 0

5 EXHIBITS 0 EXHIBIT IDENTIFIED IN EVIDENCE General Counsel: GC- 00 GC-0 0 GC- 0 Respondent: R- R- 0 R- R- R- 0 Charging Party: CP- 0 0 CP- 0 0

6 0 0 PROCEEDINGS JUDGE LWS: ll right. Let's go back on the record. We are resuming for the second day of trial. Counsel for the Union has changed. So I'm going to ask that you enter your appearance. MR. THL: Yes, my name is Spencer Nathan Thal. I'm staff attorney for District of the Machinists Union. JUDGE LWS: Thank you. ll right. nd if there's nothing else anybody needs to discuss, we can continue with the next witness. MR. CONNOLLY: ll right. General Counsel calls Rodney Christian to the stand. JUDGE LWS: Okay. Come on up. Watch out for the cords. Please raise your right hand. Whereupon, RODNEY CHRISTIN having been duly sworn, was called as a witness herein and was examined and testified as follows: JUDGE LWS: Have a seat. Once you're settled, please state and spell your name for the record. THE WITNESS: Rodney Evan Christian. R-O-D-N-E-Y, E-V--N, C-H-R-I-S-T-I--N. JUDGE LWS: Thank you. couple of things before you're asked questions by the attorneys. The first one is, if you're asked a question and you don't know the answer, please just

7 0 0 say, I don't know. Only guess or speculate if one of the attorneys says give me your best guess. If you don't understand the question, just say I don't really understand what you're asking me, and it will be clarified for you. nd then finally, to your right, our court reporter is taking down every word we say. In normal conversation we tend to talk over each other. So try as best you can, not to do that because he can't take down the two voices at once. THE WITNESS: JUDGE LWS: Thank you. DIRECT EXMINTION BY MR. CONNOLLY: Good morning, Mr. Christian. re you familiar with IM erospace? 0 nd how is that? I'm a current employee. nd how long have you worked there? Will be five years as of October this year. nd what's your position with the Employer, currently? I'm an oven operator. nd have you been in that position the entire employment? nd what type of company is IM erospace? What do they produce? We product ducts and that type of equipment for

8 contractors such as Boeing. nd what does your job specifically entail? We cure the parts that are created to be passed on to the next stage of production. nd can you describe your immediate work area? My immediate work area is an oven -- two ovens separated by approximately 0 feet. nd a computer to run both ovens -- each oven. I'm going to show you a document that's been marked as 0 General Counsel's Exhibit. If you can just take a look at that. Is that an accurate representation of the floor plan of IM? ll right. nd looking at that, are you able to identify your work area? Okay. Could you just write on there the name that you use for that work area? 0 Back ovens. Okay, and then if you could hold it up and maybe just point so we could see generally. Thank you. You indicated that you operate the ovens where the heat treatment occurs? Correct. So how do the parts come to you? They come to me after layup area. Come to me bagged and

9 on carts ready to be placed in the oven. nd do you go get the parts, or are they brought to you? They're in the general area of two oven areas, and we proceed to get the parts from those two areas. Okay, and do you have any other tasks that you have to perform, other than getting the parts, putting them in the ovens, and then getting them ready to leave your area? We do. I also do paperwork. nd have paperwork signed by a supervisor of the lead, which is in another oven area. 0 Okay. So there's a second oven area? Okay, is there a different name for that oven area? We call them front ovens. Okay. Can you mark the front on them? Do you want me to mark front? Yeah. So you need to travel to the front ovens at times? Correct. ny other areas of the plant that you need to travel to, 0 to perform your work? If our supervisor and our lead are not there, we can also travel down to the autoclave area, which is at the opposite end of the building. Okay. For what purpose? To get signatures for paperwork.

10 Okay. Can you add the autoclave area to the map? utoclave is down at this end of the building. Thank you. nd I'm sorry, once the parts are done in your area, where do they typically go? They go to the breakout area, which is next to the back ovens. Okay, and same process? They go on a car and are transported? They just -- they're pulled out on the cart. They're 0 already in the cart in the oven. Okay. nd they're just moved over to the D Bay breakout area. ll right. Thank you. Now what shift do you work? I work third shift, graveyard. nd what is the start and stop time for that shift? My start time is 0:0 at night, p.m. and ending at :00 a.m. Do you have any overlap with employees on first and second shift? 0 Okay. What is the overlap? Between two to four hours on second shift and two to two-and-a-half hours on first shift. So in other words, second shift ends after you start, and first shift begins before you start?

11 Correct. Depending on overtime is how long they stay. Now on graveyard shift, and -- is it accurate that there's fewer employees working on that shift, than day shift or second shift? 0 Okay. pproximately eight. pproximately eight employees. In the entire facility? Correct. On graveyard. nd anyone else working in your immediate vicinity on graveyard shift? Only during overlap. I'm the only person at that end. Now are you familiar with International ssociation of Machinists, District Lodge? nd how is that? They are currently our union representatives. They were 0 pre -- they were our union representatives. Okay, and does the Employer recognize the Union currently? No. nd how did you find out that the Employer was no longer recognizing the Union? We got called into a meeting with Mr. Pratt and his HR

12 representative, telling us that they were no longer going to use the Union. 0 nd where did that meeting take place? Up in the upstairs break room by Pratt's office. Okay, and is that the larger lunchroom? No, break room. Break room. I mean, not break room, meeting room. Okay. Meeting room, not break room. Is the meeting room separate from the lunch room? Or -- it is, okay. It's upstairs from the lunchroom. So I'm sorry, what did Mr. Pratt say at the meeting? Basically that lawyers are dealing with the subject, and that we were no longer recognizing the Union. Did they say why? They didn't go into -- they just talked about a petition, 0 but it was very brief. nd now prior to that meeting, were you aware that a petition existed? Yes, nd how was that? One of the employees approached me during my work shift.

13 Okay. Who's that? Lori-nn. nd Lori-nn Downs-Haynes? Right. I just know her by her first name. MR. THL: We can't -- sometimes I can't hear you when 0 your voice drops. THE WITNESS: Okay. JUDGE LWS: Speak up a little bit. The microphone in front of you doesn't amplify your voice. It just goes to the court reporter. THE WITNESS: Okay. BY MR. CONNOLLY: So you know her as Lori-nn. Just know her as Lori-nn. Okay, and where were you when she approached you? I was walking between what I call the front ovens and my back ovens. Passing the break room. ll right. nd what, if anything, did she say? She just asked me what my thoughts were about the Union. 0 nd then she commented her thoughts about her -- how much she paid each year, how much we paid each year for union benefits -- or union dues. nd she felt she wasn't being represented by the Union, and she was unhappy with the Union. Do you recall when during the day this happened? This was approximately :0 in the morning. So towards the end of your shift?

14 Towards the end of my shift. nd do you recall the date, like the time of year, or the month? It was close to July. I don't know exact date. Can you estimate how long it was between that conversation and the meeting where the Employer announced that it would no longer be recognizing the Union? t approximately a month. Okay. Now you indicated you were traveling between the 0 ovens when she approached you. Were you on the clock at the time? Did she ever speak to you again regarding the petition? I spoke to her when I saw here in the larger break room one day in July. Can you describe that conversation? I was taking my break, my morning break. nd she 0 approached James and Darlene and was talking about the Union stuff. I overheard her, got up and said something, myself, about the Union. Do you recall what you said? I told her I was more forward saying the Union was there more for harassment issues, than for actually money. We got the first contracts and always the best start, but further on contracts will be better.

15 Did she say anything in response, that you recall? She was kind of annoyed, but she was talking to James at the time. nd I just walked away. Do employees at the facility ever engage in small talk? Talk about non-work subjects? Has anyone -- manager or supervisor, told you to stop or get back to work? I've been told once in the past, when I was 0 talking -- when I was at the front ovens, about five or ten feet away from my oven, I was talking to one of the employees. She had just come back an injury. Her knee. nd we were chit-chatting about personal stuff. nd who said anything? The manager -- or the director at the time came in, in the morning, and told me to go back to my work area. Do you recall approximately how long ago this was? This was probably about a year ago. ny other -- 0 It was -- actually I'd say it was probably six months before the Lori-nn incident. Okay. ny other examples you can think of? One of our employees, my department employees named John J., he gets told to go back to -- MR. ROBERTS: Objection, foundation for this.

16 JUDGE LWS: You got to get a time frame. MR. CONNOLLY: Yep. THE WITNESS: He's been told many a time -- MR. ROBERTS: Objection. MR. CONNOLLY: Hold on. JUDGE LWS: Hold on until -- and you're going to be asked a different question. THE WITNESS: Okay. BY MR. CONNOLLY: So when, if ever, have you heard other 0 employees questioned or told to stop -- Several times. Many times. Okay. Let's take those one at a time. What's the first example of that happening, that you recall? The largest example, or the most frequent example is John J. Well, let's just get -- you're saying that you recall this occurring regularly, or that you recall it happening once? 0 Probably once, every couple of weeks. Okay. So you're describing a nonspecific incident, but something that you've heard would happen before. Correct. Okay. Can you describe that? Just one, John speaking to other people about non-work stuff, and being asked to go back to work.

17 0 Can you think of who has said it, as a supervisor, speaking to him? Donna from the layup. Leads from layup. Okay. So other than John J., have you ever personally heard a manager or supervisor tell any other employee to get back to work, or to stop talking? Second shift, a lady named Candy. She works close to the front doors, where we walk into the building. 0 Okay. nd she's constantly talking to people up there and being asked to stop the talking. Okay. Can you think of that -- a specific example where that happened? Or again, is this in reference to a -- She'll be working on a part for the door and -- I'm just asking about a specific -- do you recall a specific day when this occurred, and you heard it, or are you referring to something you heard happened before, but you can't place specifically? 0 It's very often random, but I've seen her talk to people. Okay. When I walk in at 0:0, you know. But have you overheard a manager or supervisor tell her to stop talking? Okay, and do you recall when that happened?

18 Not the exact date. Okay. Do you recall it happening at least once? Within the last year? Last six months. Okay, and what do you recall being said? The manager just asking her to go back to her work station. 0 0 nd who was the manager? Dave Blanton (phonetic). Okay. MR. ROBERTS: Dave, you said Dave? THE WITNESS: Dave Blanton, who's the manager. MR. CONNOLLY: Blanton? THE WITNESS: Blanton. BY MR. CONNOLLY: ny other examples? Okay, and who was the employee involved? Brad. Okay. H. nd does Brad work in your area, or how do you know that? He works in the area where I work, close to my area. What shift does he work? He works first shift.

19 Okay. So is this over -- in the overlap period? ll right. nd what, if anything, have you heard a manager or supervisor say to him? He comes -- he came to my oven area, number six, which is this oven the farthest one over. I'm sorry, what's the mark you're pointing to there? I can't read it. 0 Back ovens. Okay. Back oven number six. Uh-huh. nd he works in the general area. nd he would come over and talk to me about, right at the time was about Trump. Uh-huh. nd Donna in layup came out of layup room and asked him to go back to work. 0 nd Donna is a supervisor? Supervisor of layup. Of the layup room? Correct. nd do you recall when that occurred? This was over a year ago. Okay. ny other examples? No.

20 Okay. No further questions, Your Honor. JUDGE LWS: ny other statements? MR. ROBERTS: I didn't know if the Charging Party was going to have any questions. So, okay, any statements? MR. CONNOLLY: JUDGE LWS: Okay. Let's go off the record and we can see how much time we need. (Off the record at : a.m.) CROSS-EXMINTION 0 BY MR. ROBERTS: Good morning, Mr. Christian. Hello. You said your start time is from 0:0 to :00 in the morning. nd I know there's an overlap. Correct. But it is true, right, that not everyone starts like -- not everyone on the first shift starts at the same time, do they? No, it's -- There's some who start as early perhaps as :0 in the 0 morning. nd some who -- : may start at :00, okay. nd some who may start at :00 or :0?

21 Correct. nd some -- do the majority, however, start around :0? :0, correct. So :0 to :00 -- I mean to :00 would be the normal shift, correct? I believe so. I've never worked that shift. Okay. ll right. But and with regard to your shift, does -- there's only eight employees, do all of them work 0:0 to :00? Or -- 0 They do? Okay. pproximately :00. ll right. nd with regard -- you said there was some overlap between you and the second shift. Correct. nd so how late does the -- like what are the typical ending times for second shift? Midnight and :00. :00 is the latest for second shift. ll right. Now on this occasion you testified about, 0 where Lori-nn stopped you. s I understood it, you were walking from one oven area to another oven area. Is that right? It's from front oven -- MR. ROBERTS: nd may I approach, Your Honor, just so I can see?

22 JUDGE LWS: THE WITNESS: So I got my signatures here. BY MR. ROBERTS: So you're pointing to the front oven. Front oven. Where you have marked an F. nd then I'll walk down the hall here to there. nd your -- both of those are your work areas? This is my travel area. But this is my work area, this is my work area. nd we also work down here. 0 nd when Lori-nn encountered -- can you point to where you were at? I was walking from this oven past the break room. She caught me approximately at the stairs. Okay. nd then we talked there. nd then she continued to follow me towards my oven. Okay. Now, you said this was about -- so it was -- you had just gotten past the break room when you encountered Lori-nn? 0 Okay. She was coming towards me. ll right. nd you said this was around :0 in the morning. pproximately :0 to :00.

23 Okay, and do you -- you don't know whether Lori-nn, whether her shift had started at that time or not, do you? No, but people who are in there earlier are most time on overtime. ll right. But is it -- are you aware that a number of employees come in as much as an hour or so before their work shift starts to -- Yes, half hour, hour sometimes. Okay, and so it's not unusual for employees to be in 0 before their shift actually start, correct? Very few. Okay. ll right. So you encountered Ms. Lori-nn at that point, and you said she followed you. How long did this kind of interaction last? It took approximately ten minutes. Ten minutes? Five to ten minutes. Or she stopped me for like five minutes, and then she continued to follow me. 0 Okay. nd I tried to -- because well, I'm on a ten minute schedule for my ovens. What -- explain that to me, when you say a ten minute schedule. Okay, we are supposed to document and record everything that is happening with the oven every ten minutes on a form.

24 nd so you were -- you had been over in the other oven area for how long before you left that area? Less than a minute to get a signature. Okay, but you had -- you had traveled there from the other set of ovens. 0 Correct. So you went from the front ovens to the back ovens. To the back. Back ovens to the front ovens. nd how long did it take you to travel there? Less than a minute. Okay, and then what did you do there? While I was at the front oven? I had got a signature on paperwork to take back to my -- From whom? It was either my supervisor or my lead. Okay, and so how long did that take? minute? Less than a minute. Okay. ll right. nd then you started traveling back. 0 nd you said she encountered you at about a little more than halfway? Correct. Okay, and you said you stopped for about five minutes. Correct. nd is it fair to say the two of you kind of -- I won't

25 say argued, but debated back and forth? I didn't really debate. She just told me what was going on with her view of how much she paid the Union. 0 Okay. nd what she read. Okay. nd I just kind of took it at point value. Okay. There was no supervisor in the area at that time? No. Okay, and then you finally told her you had to get back. Yeah. I was the -- nd you said she followed you a little ways. Yeah. nd for how long did she follow you? Probably two minute -- no, however long it took me to get around the corner. I ignored her because I didn't have -- 0 she? She did not continue all the way to the front ovens, did No. Back ovens. nd then you did not see her after that? On that particular morning? No. Now you said that employees do engage in small talk? Correct. nd there's not a -- there's not a rule that says no

26 talking, is there? No. nd -- Excessive -- But there is an expectation that you will not waste time and you're going to continue to work? Yeah, excessive time talking. nd you described a number of some employees, or you mentioned John J. and Brad H. and -- 0 Candy. I don't recall the other -- Candy. Candy. Is it fair to say that some employees are more -- more frequent abusers of that? That they -- that they go out of their area when they probably shouldn't? Okay, and what you seen -- I'm going to kind of get a 0 composite. So correct me if this is incorrect. But it seems that what you're saying is, when somebody is spending excessive amount of time out of their area, and a supervisor observes them, they simply come and break it up. Is that -- Correct. nd ask them to go back to work. Okay. But as far as you know, there's no formal discipline or anything for that situation? There's just a reminder get back to work?

27 0 No, not that I know of. You mentioned a year ago, or maybe I think you just maybe changed that to six months before Lori-nn's petition, you yourself were told to get back to work by you said the director. Was that Jeff Moore? Yes, Jeff Moore. Or a year ago. nd Jeff Moore was -- before this petition got going around that Lori-nn had, he had been terminated, correct? Or was no longer employed there? 0 Yes, correct. nd was Jeff -- were you at the facility when the Union came in? When it was first elected? nd is it fair to say that Jeff Moore was not liked at all by employees? I can't speculate on that. On these occasions, just going back to the John J. I'm 0 going to talk about them as a group. John J., Brad H. and Candy. When they were -- you heard a supervisor telling them to go back to work, did it appear to you that they had been -- they -- on all of those occasions, they were out of their work area; is that correct? Everyone except John, actually. Okay, and John was -- where was he in relation to his work station?

28 His work station is the same as mine. Therefore, he has more travel throughout the building, as I do. Okay. But these occasions where you saw a supervisor tell him to get back to work, was where he was spending excessive time talking about, and not really working? 0 Correct. MR. ROBERTS: I don't have any further questions. JUDGE LWS: ny redirect? MR. CONNOLLY: No, Your Honor. JUDGE LWS: Okay. I want to thank you for providing your 0 testimony. Please don't discuss what you talked about here today with any other witnesses, or any potential witnesses. THE WITNESS: Correct. JUDGE LWS: Thank you. THE WITNESS: ll right. JUDGE LWS: Off the record. (Off the record at : a.m.) JUDGE LWS: Okay, let's go back on the record. The General Counsel's next witness is ready. MR. CONNOLLY: General Counsel calls Craig Beder. JUDGE LWS: Okay. Come on up. Watch your step around the cords. Whereupon, CRIG BEDER having been duly sworn, was called as a witness herein and was

29 0 0 examined and testified as follows: JUDGE LWS: Please have a seat. nd if you could please state and spell your name for the record? THE WITNESS: My name is Craig Beder, spelled C-R--I-G, last name is spelled B-E-D-E-R. JUDGE LWS: Thank you, Mr. Beder. couple of simple instructions before the attorneys start asking you questions. The first is if you don't know the answer to something that's asked, please just say I don't know. Only guess or speculate if one of the attorneys asks you to take a guess. THE WITNESS: Okay. JUDGE LWS: If you don't understand a question, just say I don't understand the question, and it will be clarified. nd then finally, sitting to your right is our court reporter. He has to take down every word that's said in this room while the -- while we're on the record. So to the extent you can, try your best not to jump in with your answer until the question's completely finished being asked because he can't take down two voices at once. THE WITNESS: Okay. JUDGE LWS: Thanks. MR. CONNOLLY: Thank you, Your Honor. DIRECT EXMINTION BY MR. CONNOLLY: Mr. Beder, do you work for IM erospace?

30 Yes, I do. Okay. nd what's your position? Maintenance/janitor. Okay. nd you work there currently? Yes, sir. nd when did you start? June th, 0. nd performing your job, are you in one area or do you travel around the facility? 0 The whole building. re you the only maintenance/janitor employee? Yes, sir. Okay. nd which shift do you work? Shift two. Okay. nd so what time do you start? :00. nd what time are you done? :0. 0 Okay. Now are you familiar with Machinists Union? Yes, sir. nd they represented employees at IM for a period of time while you were employed there? Yes, sir. Okay. nd does the Employer currently recognize the Union?

31 No. Okay. nd do you recall a meeting where the Employer announced it would no longer represent the Union or recognize the Union? Okay. nd do you recall what, if any, reason they provided? 0 I think she was trying to get the Union out. Okay. Now when you say "she" who are you referring to? I believe her name was Luann (sic). Okay. Could it be Lori-nn? Lori-nn, yes. When, if ever, had you been approached about the petition? It was about two or three years ago in the cafeteria. Okay. nd that was Lori-nn approached you? Yes, she did. Okay. nd what, if anything, did she say? That she was filing a petition to have the Union taken out of the facility. 0 Okay. Now do you ever engage in small talk on the shop floor? Non-work subjects? Okay. With your co-workers?

32 to? Have you ever had a manager or supervisor tell you not In certain circumstance, yes. Okay. Can you recall any circumstance specifically? Well, about two or three years ago I got wrote up for talking in the facility. Okay. nd who were you talking to at that time, if you recall? 0 One of my fellow employees and that was on the night shift. Okay. nd you said a supervisor wrote you up? Yes, sir. Okay. Do you recall who the supervisor was? I believe it was Wally Wright. Okay. nd how did you find out that you were being written up? Because I had to sign a form saying that I was talking at the time. 0 Okay. nd who provided you the form? I believe it was Cindy, Cindy who was my supervisor at that time. Okay. nd did she -- was there a conversation with her at the time or did she give you -- There was her, me, and there was a general manager, too,

33 at that time. Okay. nd was there a conversation or were you just given the form? There was conversation on why I was written up. Do you recall? t that time. Do you recall what they said? No, I cannot recall. But your recollection is that it was for talking to a 0 co-worker? Yes, sir. MR. CONNOLLY: No further questions, Your Honor. MR. ROBERTS: ny statements? JUDGE LWS: Let's go off the record. (Off the record at : a.m.) CROSS-EXMINTION BY MR. ROBERTS: Good morning, Mr. Beder. Is it Beder or is it Beder (pronouncing)? 0 I pronounce it Beder. Beder, okay, thank you. I'm going to show you a document that I've marked for identification as Respondent's Exhibit. JUDGE LWS: Thank you. BY MR. ROBERTS: nd just take a minute, if you would, to review that? nd have you had a chance to review it, Mr. Beder?

34 Yes, sir. nd is that the warning that you were talking about just a few minutes ago? Yes, sir. Okay. nd it appears to have been issued by Cindy Keller-Kuzmer. Is that your supervisor? Yes, sir. nd that's -- 0 Current, I mean, she doesn't work there anymore. But at the time she was a supervisor? Do you remember what area she was a supervisor in? She had a foundation of -- I think it had to with a lot of electrical things and everything. She had her own little office upstairs along with a cubicle of two or three other people. ll right. nd then is that your signature at the bottom, Craig N. Beder? Yes, sir. nd then there's some remarks in there that say, "I am 0 guilty of some of the situations that are mentioned, but some relate to the job." Is that your handwriting? Okay. Now let's go through, I mean, the document speaks for itself, but I want to ask you some questions about whether these things are true or not, but the first paragraph says that

35 on December th, 0 your manager talked to you about assigned duties and the need to complete your assigned duties. nd they -- it says that they gave you a list of responsibilities, and that you were not to socialize during working time, but you were talked to about keeping on task and not to socialize during working time. Is that accurate that you had a manager talk to you about that? 0 Yes, sir. Okay. nd at on December th, 0 when your manager spoke to you about that, he didn't actually give you any kind of discipline or anything at that time, did he? She didn't give me, no. She didn't, okay, excuse me. nd then it says next that on January th of 0 you were talked to about Bill Keilman regarding the use of a checklist to document completed tasks, and walking back and forth without any cleaning supplies or apparent reason for the walking. Did Mr. Keilman speak to you about that? 0 He did, but the situation revolved, and some of the situation that you do walk around there without anything in your hand resolves about getting garbage bag, empty garbage bags, go getting supplies and bringing them back to where you need it with your cart. Okay. ll right, then the third paragraph says that on

36 January th of 0 that Rob nderson observed you several times. Did Mr. nderson speak to you about that? I don't recall that. Okay. Was that the situation for which you were written up, that last situation about that you were observed on multiple occasions talking to employees about non-work-related matters? 0 Under Mr. nderson? Okay. ll right, and this is the warning that you received, correct? Written -- Written warning you received? Written warning. MR. ROBERTS: ll right, I offer Respondent's Exhibit. MR. CONNOLLY: No objection. JUDGE LWS: Respondent's Exhibit is admitted. (Respondent Exhibit Number Received into Evidence) 0 BY MR. ROBERTS: Okay, after you received this warning, you've received no further warnings for similar type conduct? Yes, sir. You have received further warnings? No, I haven't received any warnings or anything. Okay. Okay.

37 00 No. MR. ROBERTS: I don't have any other questions. JUDGE LWS: Okay, any redirect? MR. CONNOLLY: No redirect, Your Honor. JUDGE LWS: ll right. I want to thank you very much for 0 0 providing your testimony. Please don't discuss what you talked about in here today with any other witnesses that you know about or any potential witnesses. THE WITNESS: Okay. JUDGE LWS: Thank you. Off the record. (Off the record at : a.m.) JUDGE LWS: Okay, let's go back on the record. MR. CONNOLLY: nd before I call my next witness, I don't believe I moved General Counsel's Exhibit. So if I could do that now? MR. ROBERTS: No objection. JUDGE LWS: General Counsel is admitted. (General Counsel Exhibit Number Received into Evidence) MR. CONNOLLY: Thank you. General Counsel calls Darlene Goff. JUDGE LWS: Ms. Goff, just watch out for the cords on the floor. Just come around and I will swear you in. Whereupon, DRLENE GOFF having been duly sworn, was called as a witness herein and was

38 0 0 0 examined and testified as follows: JUDGE LWS: If you could please have a seat, and state and spell your name for the court reporter? THE WITNESS: It's Darlene Goff, D--R-L-E-N-E, Goff, G-O-F-F. JUDGE LWS: Thank you, Ms. Goff. Before the attorneys ask you questions, I just want to give you a couple simple instructions. First is if you don't know the answer to a question that's asked of you, that's fine. Just say I don't know. Only guess or speculate if you're asked to take a guess. THE WITNESS: Okay. JUDGE LWS: If you don't understand a question, just say I don't understand what you're asking me and it'll be clarified for you. nd then finally, Bruce, to your right, is our court reporter. He takes down everything we say while we're on the record. So as best you can, try to make sure the question you're being asked is completely done before you start answering. THE WITNESS: Okay. JUDGE LWS: Thanks. DIRECT EXMINTION BY MR. CONNOLLY: Good morning, Ms. Goff. Good morning. re you familiar with IM erospace?

39 0 0 nd how is that? I'm employed there. Okay. nd are you employed there now? Yes, I am. nd what's your current position? Paint prep. nd how long have you worked for the Employer? lmost a year. Okay. nd can you describe your immediate work area to me in paint prep? We have approximately six long tables, and we do various parts. We do duct work, picture frames, other parts that need to be sanded before they're sent off to paint, and sometimes we get them back. If they have, like, scratches we redo them and send them back. nd who is your immediate supervisor? Jim Donnell (phonetic). Now are you familiar with International ssociation 0 Machinists District Lodge? little bit. Okay. nd did they represent employees at IM for a period of time while you worked there? Now does the Employer currently recognize the Union?

40 0 No. Okay. Now how did you find out about that change? We found out about just after the th of July that they were no longer recognizing the Union. nd how were you notified? They had an all-hands meeting. It only lasted maybe about 0 five, ten minutes, and that there was going to be no questions asked. nd the GE came out and said that they notified the Union that they were no longer going to recognize the Union, that there was a petition that had gone around. Okay. nd had you heard of the petition before? Yeah, about a month before. Okay, how did you hear about it? There was a -- I was sitting in the cafeteria playing a 0 game on my phone, and a gal named Lori-nn came up to me, and we started talking. nd she asked me if I heard about the Union, and I told her -- I go, yeah, I go, I belong to the Union. nd we just got talking. She goes, well, does your husband belong to a union? I go yes. nd she said something about a petition and then that was it. There was no longer any discussion about that. You didn't say anything in response? No. nd did she ask you to sign the petition? No, there was -- she didn't ask me to sign or anything.

41 0 nd what else, if anything, did she say regarding the reasons for the petition? That there was -- I think there was something about pay raises that were supposed to be happening and that was about it. Now do you ever engage in small talk with your co-workers on the work floor? 0 Yeah. Talk about non-work subjects? Oh, yeah. You ever been told to stop or to get back to work by a manager or supervisor? There was one occasion, but we also had a lot of parts that was coming through that needed to be worked on, and he goes, I don't mind you guys chitchatting, but he goes, let's get, you know, some of the work done first. 0 nd who was that? Jim Minnow (phonetic). Okay. MR. CONNOLLY: No further questions, Your Honor. MR. ROBERTS: ny statements? Is it the same one you had before? MR. CONNOLLY: Yeah, I think -- MR. ROBERTS: Then I don't need to see it then. JUDGE LWS: Okay.

42 0 0 MR. CONNOLLY: I think there's one additional. MR. ROBERTS: Oh, well -- JUDGE LWS: ll right. MR. ROBERTS: -- if that's the case -- JUDGE LWS: Take a look. MR. ROBERTS: -- sorry. MR. CONNOLLY: No problem. JUDGE LWS: We can go off the record. (Off the record at : a.m.) CROSS-EXMINTION BY MR. ROBERTS: Ms. Goff, just one or two questions. Uh-huh. The conversation with Ms. Lori-nn in the cafeteria, what time of day was that? That was early in the morning. Okay. nd you were on break at the time? No. I had just arrived for work. It was probably about a quarter to and I don't start working till :0. Is that typical that you arrive maybe minutes or so 0 before your shift starts? Yeah. Uh-huh. nd what do you do during that minutes? I just sit there. I'll go have -- maybe like, get a mocha or sit there and play games until my shift starts. Okay. nd the supervisor you mentioned, is his last name

43 0 Dildine like D-I-L -- I think it's Donnell or something like that I -- But he's the supervisor over pain prep? Paint prep and assembly and part of the ovens. Okay. Is he a large, I mean, a big man? Yes, he is. Okay. MR. ROBERTS: ll right, I don't have any further 0 0 questions. JUDGE LWS: Okay. ny redirect? MR. CONNOLLY: No. JUDGE LWS: Okay, thanks. Thank you for your testimony. Please don't discuss it with any other witnesses or any potential witnesses. THE WITNESS: Okay. JUDGE LWS: Okay, thanks. Off the record. (Off the record at : a.m.) JUDGE LWS: ll right, let's go back on the record. nd do we have the next witness ready? MR. CONNOLLY: Sure. General Counsel calls daire Noonan. JUDGE LWS: Okay. Come on up. nd walk right around there. Whereupon, DIRE NOONN having been duly sworn, was called as a witness herein and was

44 0 0 examined and testified as follows: JUDGE LWS: You can have a seat. nd state and spell your name for the record? THE WITNESS: My name is daire Noonan, -D--I-R-E, N-O-O-N--N. JUDGE LWS: Thanks, Ms. Noonan. Before I turn things over to the attorneys for questions just a couple of quick things. First is if you don't know the answer to a question, that's fine. Just say I don't know. Only guess if you're asked to take a guess. If you don't understand a question, just say you don't understand the question, and it will be cleared up for you. nd then finally, to your right is our court reporter. He has to take down everything we say while we're on the record. So try, as best as you can, to remember not to start talking while somebody else is talking. THE WITNESS: Okay. JUDGE LWS: Okay? Thanks. DIRECT EXMINTION 0 BY MR. CONNOLLY: Good morning, Ms. Noonan. re you familiar with IM erospace? nd how is that? I'm a laminator. MR. ROBERTS: Can you speak up, please?

45 0 THE WITNESS: I'm a laminator. BY MR. CONNOLLY: nd you're employed there now currently? nd as a laminator what do you do? I hand-make parts with Kevlar and graphite. Can you describe that process a little bit? I take big pieces of material or small amounts, and I 0 kind of put it onto the parts themselves, and we call those manholes. nd we create parts kind of like arts and crafts. ll right. nd is that -- are the parts brought to you? Do they come on an assembly line? How do they move through your area? They're put onto a table, and are pulled onto a moving track which is what we use for moving lines. Okay. nd so the parts are brought to your work area, but then when you're done with your job, they go onto a moving line? 0 They're put onto the moving line for us to work on. Oh, okay. nd they get transferred over to another person next to us when we reach our stopping point. Thank you. nd so is there -- can you describe your immediate surroundings then? Do you have co-workers? I have a co-worker on each side of me.

46 0 Okay. nd what are their positions? Depends on where you're standing. They would be either station one, two, or three, and I would stand wherever station I have been positioned. Okay. nd are there three stations, then, in your work area? Okay. nd is there a name for the room or the area you're 0 assigned to? I work in Duct. (General Counsel Exhibit Number 0 Marked for Identification) BY MR. CONNOLLY: Okay. So I'm going to hand you a document that's been marked as General Counsel's Exhibit 0. nd take a look at it. nd is that an accurate representation of IM Sumner? Okay. nd are you able to -- I'm sorry, what was the room called that you work in? 0 Duct one. re you able to identify where Duct is on there? Can you write Duct on the exhibit? Now you testified that -- JUDGE LWS: Can you show us where you wrote? MR. CONNOLLY: Oh, sorry.

47 0 THE WITNESS: Right there. MR. CONNOLLY: Thank you. BY MR. CONNOLLY: You testified that you're working in immediate proximity to two other co-workers. But approximately how many people are working in Duct total? Fifteen. Okay. Now in your job as a laminator, do you frequently, or do you ever, need to travel to other parts of the facility? 0 No. Okay. You go to the break room on breaks? Lunchroom on lunch breaks? nd what shift do you work? First shift. nd so what is your start time and end time approximately? :0 to. nd your immediate supervisor? Donna Shaw. 0 nd is she the supervisor for all of Duct? Now, are you familiar with the International ssociation of Machinists, District Lodge? nd how is that?

48 They were the Union that was stationed at IM. Okay. So they represented employees in IM for a period of time while you were working there? 0 Okay. Does the Employer currently recognize the Union? No. How did you find out about the change that took place? There was a petition going around. Okay. nd how was that change announced to you? During a meeting. Okay. nd do you recall when that meeting took place? Back in July of last year. nd do you recall where the meeting took place? In the lunch room. Okay. nd who, if anyone, spoke for the Employer at that meeting? 0 Mike Pratt. nd what, if anything, did Mike Pratt say? He read off the that was sent to them by the Union. Okay. So what was the substance of what he said? It talked about the petition and acknowledging the petition at the time and how the employees had wanted to decertify or to -- I want to say decertify, but I don't know if that's the right word. The -- Well, just what you recall him saying.

49 I can't remember. Okay. Now, prior to that announcement, were you aware of a petition to get rid of the Union? Now, how did you first hear about it? There was talk of it in the layup room. nd do you recall who brought it to your attention? Caravetta Branch (phonetic). Okay. nd what, if anything, did she say about a 0 petition? She had heard about it from someone else. Okay. nd were you ever approached about the petition or asked about your support for the Union? Okay. nd when did that take place? On my lunch. Okay. Do you recall approximately when on the calendar, the month, day? 0 No. Okay. Do you recall about how long it was either before or after the announcement of the -- that the Employer would no longer recognize the Union? bout two weeks before. bout two weeks before. Okay. So who approached you? Lori-nn.

50 Okay; is that Lori-nn Downs-Haynes? Okay. nd what, if anything, did she say to you? She asked if I am for or against the Union. Okay. nd what, if anything, did you say in response? Yes, I'm for it. Okay. She say anything further? No. Now, did you ever hear Lori -- no, where did Lori-nn 0 work? Line in Duct. 0 Okay. So she worked in the same area as you? Okay. nd what was her position if you know? She worked on the end of Line as a laminator. Same position you were in? nd when approximately did she start in the room? bout two months before the decertification. Okay. nd during that time period -- well, she started about two months before. How long did she stay in Duct? Two months. So she then left? Soon after, yes. Okay. So during that period, the two months that she was

51 working in the same room that you were working in, did you see her approach other employees and talk about the petition? No. Okay. Did you hear her -- MR. CONNOLLY: Strike that. BY MR. CONNOLLY: Now, how far away from you was her work area in Duct? 0 Three lines over. Okay. Can you approximate how many feet that would be? feet. ll right. nd were you able to observe her work area as you moved throughout your work during the day? No. Okay. nd why is that? Because there is about two rows of tables between us -- 0 Okay. -- and her back was to me. So you could see her, but her back was to you? ll right. How frequently as a laminator are you absent from Duct? Twice. Okay. Is that -- I'm sorry, is that including breaks or not including your break time? Not including breaks.

52 Okay. JUDGE LWS: Twice per day? THE WITNESS: Yeah. BY MR. CONNOLLY: Now, from your observation during those two months, was Lori-nn absent more frequently than twice? Okay. Can you estimate how frequently you'd say she was absent? 0 Four to five times. nd can you estimate the length of those absences? Between five to ten minutes. nd to your knowledge, were you aware of any work-related reason why a laminator would be gone for those periods of time? Talking to a supervisor. You observed her talking to a supervisor? Okay. When was that? During work time she'd be pulled off the line to talk outside the doors of the layup room. 0 To whom? Donna Shaw or one of the other supervisors from the other duct on the other side of the plant. nd do you know that supervisor's name? Brenda? Okay. nd so this happened more than once?

53 I only saw it once. Okay. But your testimony was that she was absent -- MR. ROBERTS: Objection, leading. MR. CONNOLLY: I'll withdraw it. JUDGE LWS: Okay. BY MR. CONNOLLY: So I'm sorry. You said who was she speaking to in the hallway? 0 0 Donna Shaw. Okay. nd that was one occasion? nd who was the other supervisor you mentioned? Brenda. Okay. nd Brenda's the supervisor of? The duct on the other side of the plant. Okay. nd did you observe Lori-nn speaking to her? Where? By Donna Shaw's desk or outside the door. Okay. nd how many times did you observe that? Twice. MR. CONNOLLY: No further questions, Your Honor. JUDGE LWS: ll right. Let's go off the record. (Off the record at 0:0 a.m.) /// JUDGE LWS: ll right. Let's go back on the record.

54 CROSS-EXMINTION BY MR. ROBERTS: Good morning, Ms. Noonan. I just have 0 a few questions for you. The -- when Lori-nn, you said Lori-nn, when she came to duct lay-out or Duct, that was two months before, and I wasn't quite sure, before what? Two months before the petition started going around or two months before the Employer announced that it was no longer recognizing the Union? Two months before recognizing that -- or the Union -- The Employer announcing -- nd it was -- when she began, there was a period of time when she first started, there was some period of time before the petition started going around, correct? Now, you said that when there's no reason you leave Duct except, as I understand it, you leave -- you have a break, right? 0 nd that's at, what, :0 in the morning, the first one? So you have -- you're able to go to the break room. Which break room do you use? The one closest to Duct. re you permitted to use the one down at the other end?

55 Okay. Did some employees use the one at the other end? Not that I know of. Okay. nd then you have a lunch period at :0 in the morning, correct? 0 nd that's 0 minutes? nd you're able to use either lunch room, correct? You can also go outside the building, right? nd employees, some employees who smoke, there's a smoking area in the back, correct? nd then you have an afternoon break that comes at what time? :0. 0 :0. Okay. nd it's minutes also. You said that -- you said that -- are you also permitted to leave if you need to go to the bathroom? Okay. nd there are occasions where employees leave to go to the bathroom because they can't wait until break time,

56 correct? Okay. You said you leave twice per day in a -- am I correct twice per day in addition to break and lunch times? nd what reasons do you do that? Bathroom. Okay. ll right. nd the -- you said Lori, you 0 described her being gone for five to ten minutes, and you've seen her talk to either Donna Shaw or Brenda, correct? But you said four to five times per day. You're not saying she left four to five times every day, are you? No. So on these couple of -- well, how many occasions -- you described one occasion, I think, with Donna Shaw, correct? nd was -- how many occasions with Brenda, the supervisor Brenda? 0 t least once a week. nd were you aware that when Ms. -- when Lori-nn was working in Duct that she was still on Brenda's payroll? Okay. nd Brenda is the supervisor over in autoclave?

57 0 Do you talk to your supervisor from time to time? nd on what occasions do you talk to your supervisor? In the mornings. Okay. nd during the course of the day, do you have occasions sometimes to talk to your supervisor? 0 nd what occasions are those? I'm working on my line, she'll come by and say hello. Okay. nd does she sometimes have -- come up with work-related issues or things that she needs to talk about? She comes up to my work station. nd have you ever had occasion to ask for a meeting with human resources or to set up a meeting like that? Okay. nd how did you go about doing that? Right before break I would notify her that I would be 0 heading down to HR or that I would need to meet up with someone in HR and she would get back to me. MR. ROBERTS: I don't have anything further. JUDGE LWS: Okay. ny redirect? MR. CONNOLLY: No, Your Honor. JUDGE LWS: Thank you for providing your testimony. Please don't discuss what you talked about today with any other witnesses or any potential witnesses. Thank you.

58 0 0 Let's go off record. (Off the record at 0: a.m.) JUDGE LWS: Let's go back on the record. re we ready with the next witness? MR. CONNOLLY: Yes, Your Honor. General Counsel calls Katy Pine. JUDGE LWS: Okay. Come on up. I'm going to swear you in. Can you raise your right hand? Whereupon, KTY PINE having been duly sworn, was called as a witness herein and was examined and testified as follows: THE WITNESS: JUDGE LWS: Please have a seat. nd when you're ready, state and spell your name for the record. THE WITNESS: Katy Pine, K--T-Y, P-I-N-E. JUDGE LWS: Thank you, Ms. Pine. couple of quick instructions. The first is that if you don't know the answer to a question that's being asked of you, please just say, "I don't know." Only guess if you're asked to take a guess. If you don't understand a question, just say you don't understand and it will be clarified for you. nd then finally, our court reporter needs to take down every word we say while we're on the record. So as best you can, try not to start talking until the person who's asking you

59 the question is finished because he can't take down two voices at once. THE WITNESS: Okay. JUDGE LWS: Thanks. MR. CONNOLLY: Thank you, Your Honor. DIRECT EXMINTION 0 BY MR. CONNOLLY: Do you work for IM erospace? Yes, I do. nd you're currently employed there? Yes, sir. I'd ask you to keep your voice up a little bit so we can all hear you with the fan in the background. There's some background noise. When did you start working for the Employer? Sometime back in June I believe. Of '. -- ', okay. nd what's your current position with the Employer? 0 I'm a tool print water strider. Okay. nd how long have you been in that position? bout six months. Okay. nd what position were you in before that? I was a laminator. Okay. So if my math is correct, you became -- you