Free Response in Opposition to Motion - District Court of Arizona - Arizona

EXHIBIT C Corrective Action Notices Given To Kelley Miles 1. On or about May 2, 2003, Jeff Luidhardt, Kelley Miles' direct supervisor, gave Ms. Miles a corrective action notice for not wearing safety glasses while using a pneumatic rivet gun (PSOF ¶ 256). 2. When Mr. Luidhardt gave Ms. Miles the corrective action notice, he called her into his office and proceeded to holler and scream and was rude and disrespectful while talking to her about safety glasses (PSOF ¶ 257). 3. Ms. Miles was afraid because of the way Mr. Luidhardt was acting (PSOF ¶ 258). 4. Ms. Miles does not recall ever seeing the Shea Standard 500 prior to May 2, 2003, but may have (PSOF ¶ 261). 5. The HP3-0 is Helicopter Process paperwork, which is available to Ms. Miles on the computer (PSOF ¶ 262). 6. The Shea Standard 500 did not require technicians to wear eye protection while operating pneumatic rivet guns and drills; the HP mentions rivet guns (PSOF ¶ 263). 7. Ms. Miles believes it was within the company's policies or procedures that she could operate a pneumatic rivet gun without eye protection as of May of 2003 (PSOF ¶ 264). 8. When Ms. Miles alleged that males were not required to wear safety glasses and were not given disciplinary action, she was referring to pretty much everyone, especially Greg McDonald, Dihn Luu, Todd Blough, all of whom she observed operating pneumatic rivet guns and drills while not wearing eye protection (PSOF ¶ 265). 9. When Jeff Luidhardt gave Ms. Miles her corrective action notice for not wearing safety glasses, she asked him why Vic Bonomo didn't have his on, and Mr. Luidhardt responded, "Do you see him doing sheet metal?" (PSOF ¶ 266). 10. In response to Jeff Luidhardt's statement, Miles said, "You said all pneumatic tools." (PSOF ¶ 267). 11. The corrective action notice from Luidhardt in May, 2003 was the first one Miles had ever received Document 149-5 ¶ 270). Case 2:03-cv-01210-PGR from Boeing (PSOFFiled 01/06/2006 Page 1 of 4

12. Two or three weeks after the first corrective action notice, Jeff Luidhardt wrote Ms. Miles up a reminder about not wearing safety glasses while she was riveting (PSOF ¶ 271). 13. On or about June 16, 2003, Jeff Luidhardt walked up to Kelley Miles while she was working on an aircraft and told her she was once again not wearing safety glasses (PSOF ¶ 272). 14. On June 18, 2003, Ms. Miles met with Jeff Luidhardt and Jodi Tommasone and received another memorandum about Ms. Miles not wearing safety glasses on June 16, 2003 (PSOF ¶ 273). 15. The corrective action notice for not wearing safety glasses was given only to Kelley Miles although others were also not wearing them (PSOF ¶ 310). 16. Dihn Luu did not always wear protective eyeglasses but was never written up for failing to wear them. (PSOF ¶ 383). 17. Mary Trussler believes the safety glass policy since May of 2003 was that glasses needed to be worn when using an air gun, air ratchet or air drill (PSOF ¶ 413). 18. Mary Trussler is the safety rep and has told people to wear safety glasses (PSOF ¶ 414). 19. Jeff Luidhardt also threw the corrective action notice at Miles while she was doing her job. (PSOF ¶ 451). 20. Jeff Luidhardt did not throw "write-ups" in the face of anyone else in front of other workers, other than Kelley Miles (PSOF ¶ 452). 21. When Jeff Luidhardt wrote up Miles for failing to wear safety glasses, she was pulling rivets with a pneumatic rivet puller, not shooting rivets. (PSOF ¶ 453). 22. At the time Jeff Luidhardt wrote up Kelley Miles, Greg McDonald was not wearing his safety glasses; rather, the glasses were resting on top of his head even though he was shooting rivets, an activity that required safety glasses. Jeff Luidhardt saw him and spoke to him, but said nothing to him about failing to wear safety glasses. (PSOF ¶ 454). 23. When Jeff Luidhardt wrote up Kelley Miles, Jeff Luidhardt saw that Greg McDonald was not wearing his safety glasses when he should have been, yet wrote up Kelley Miles for not wearing safety glasses when the policy did not mandate she wear them (PSOF ¶ 149-5 Case 2:03-cv-01210-PGR Document 455). Filed 01/06/2006 Page 2 of 4
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24. Greg McDonald told the EEO from Boeing that Kelley Miles was treated differently regarding the safety glasses (PSOF ¶ 457). 25. Greg McDonald told the EEO that he was not written up for safety glasses when he should have been and that Kelley Miles was written up when that was not the requirement for what she was doing (PSOF ¶ 458). 26. Greg McDonald told the EEO that Jeff Luidhardt threw the corrective action notice in Kelley Miles face in front of him (PSOF ¶ 459). 27. Olinda Willis drafted a corrective action on February 9, 2000, with the finding that Manny Cervantes made inappropriate sexual comments (PSOF ¶ 528). 28. Olinda Willis did not address Manny Cervantes inappropriate racial comments in the corrective action dated February 9, 2000(PSOF ¶ 529). 29. Olinda Willis did not prepare any other document than the corrective action (PSOF ¶ 530). 30. Olinda Willis made the decision as the EEO of Boeing to only write a corrective action on Manny Cervantes in February of 2000 as opposed to firing him (PSOF ¶ 534). 31. A written corrective action notice is the second step in Boeing's progressive discipline policy. (Ex. 10, Willis Dep. at 66:5-9). The first step in Boeing's progressive discipline policy is a verbal warning and the third step is suspension or final written warning. (PSOF ¶ 544). 32. On April 8, 2004, Jeff Luidhardt gave Ms. Miles a corrective action notice for not wearing eye protection and a copy of the SHEA 5050 Standard regarding Personal Protective Equipment. (PSOF ¶ 547). 33. Ms. Miles believed Jeff was retaliating against her because she had frequently seen other people in the same or similar working circumstances without their safety glasses on who, to her knowledge, were not reprimanded or not to the extent applied to Ms. Miles. (PSOF ¶ 549). 34. Ms. Miles told Gonzalez that the day Mr. Luidhardt gave her the corrective action notice, he told Joe Morales to put his safety glasses on, but did not write him up and that Tino Bernal never wears his safety glasses and Mr. Luidhardt has not written him up. (PSOF ¶ 551).
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35. Ms. Miles also reminded Gonzalez of her previous May 12, 2003 complaint regarding Mr. Luidhardt's May 2, 2003 corrective action notice for not wearing eye protection, which was investigated by Channing Campbell. Ms. Miles told Mr. Gonzalez that she had never been told the results of that investigation. (PSOF ¶ 552). Mr. Gonzalez gave Ms. Miles a new EEO Complaint Form to complete and return to him. (Id.) 36. One of the allegations Kelley Miles leveled against Jeff Luidhardt was that he yelled at her on the floor and was saying "fuck that, bullshit, bullshit" which would be inappropriate language at Boeing (PSOF ¶ 628). 37. On June 26, 2003, Martin Harry reported to Channing Campbell that Jeff Luidhardt made inappropriate statements during a meeting (PSOF ¶ 635). 38. On June 26, 2003, Martin Harry reported to Channing Campbell that Jeff Luidhardt singled Kelley Miles out and inappropriately wrote her up for failing to wear safety glasses (PSOF ¶ 636). 39. On June 26, 2003, Martin Harry reported to Channing Campbell that there was no policy for wearing safety glasses and Jeff Luidhardt changed the policy so he could write up Kelley Miles (PSOF ¶ 637). 40. On June 25, 2003, Greg McDonald confirmed that Jeff Luidhardt singled Kelley Miles out for failing to wear safety glasses when he [Greg McDonald] was also not wearing safety glasses but was not written up (PSOF ¶ 656). 41. On June 25, 2003, Ed Dinero confirmed that Luidhardt singled out Miles for failing to wear safety glasses before it was mandated to wear the safety glasses (PSOF ¶ 657). 42. On June 26, 2003, Dale Allen reported to Channing Campbell that safety glasses were not required but Kelley Miles was written up for failing to wear them (PSOF ¶ 665). 43. On June 24, 2003, Mitch Garland confirmed that Jeff Luidhardt singled out Kelley Miles regarding failing to wear safety glasses (PSOF ¶ 668). 44. Channing Campbell does not remember his findings but would find based upon what was reported to him in June of 2003 that: 1) Jeff Luidhardt was inappropriate to Kelley Miles during the meeting; 2) Jeff Luidhardt singled out Kelley Miles for failing to wear safety glasses; and 3) Jeff Luidhardt reprimanded Kelley Miles for a policy which was not mandatory (PSOF ¶ 670).
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