Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:05-cv-00877-JJF Document 79-5 Filed 12/07/2007 Paget of 4 i
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE Q
ROLAND C. ANDERSON, ) Civil Action No. 06-669 JJF U
Plaintiff ; p
I .
V. ) —
GENERAL MOTORS CORPORATION, i I
Defendant. {
AFFIDAVIT g
Diane Graham, being first duly sworn and of lawtiil age, hereby states as follows:
1. My name is Diane Graham. I am of lawfhl age and I am competent to
testify to the matters set forth in this Afhdavit.
2. I have served as the People Systems Manager for General Motors
Corporation’s ("GM") Wilmington Assembly Plant since 2004. I have personal
knowledge of the facts stated herein and if called to testify as a witness in this action, I
would testify truthfully and competently to each of the following facts set forth in this
Affidavit.
I 3. GM has a written policy against discrimination. This written policy is
communicated to employees through postings and letters, and is part of the collective
bargaining agreement with the UAW.
4. GM and UAW are parties to a national collective bargaining agreement
and the local UAW chapter and GM are also parties to a local collective bargaining
agreement. Both collective bargaining agreements govern the hours, wages, working
conditions and other terms and conditions of employment of bargaining unit employees S
employed at GM’s plant. A
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Case 1:05-cv-00877-JJF Document 79-5 Filed 12/07/2007 Page 2 of 4
5. As the People Systems Manager, I supervise the employees in the human l
resources department. These employees are trained to be professional and courteous to 0
anyone that contacts GM. These employees are also trained regarding GM’s policies
against discrimination. ‘
6. I have personally contacted each human resources employee and no
employee recalls speaking with plaintiff in March or April 2005. Additionally, no human
resources employee has told any caller or applicant he or she is "all washed up."
7. GM’s Wilmington facility was not hiring, advertising for or accepting .
applications for new hourly production employees at any time from 2000 to present. A
Further, GM hired no new hourly production employees in 2004 or 2005. All employees
with seniority dates of 2000 or 2001 were transferred hom other GM facilities to
Wilmington.
8. GM’s Wilmington facility did not hire, advertise for, or accept
applications for new production employees in 2006 or 2007. However, in 2006, GM
transferred seven production employees from GM facilities that it was divesting itself of
to Wilmington.
9. GM’s Wilmington facility has recalled no employee from layoff status
from 2005 through 2007.
10. Attached to this affidavit are copies of the seniority list for November 6,
1999 through November 5, 2007. i
11. Further Afliaut saycth not- ,

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Case 1 :05-cv-00877-JJF Document 79-5 Filed 12/07/2007 Page 3 of 4 l
STATE or DELAWARE )
) ss.
COUNTY or ) A
. t 7/7 .
On this 6: day of December, 2007, before me appeared Diane Graham, to me
personally known, who being by me duly sworn, did state that the statements made in this
Affidavit are true to the best of her knowledge end belief
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
oflieial seal in the County and State aforesaid, the day and year last above wri n.
Notary P lic `
My Commission Expires: _
JAMES B. GARLEY
NOTARY PUBLIC
STATE OF DELAWARE
Mymmmlsslon expires Nu 7. 2011 // 7
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Case 1 :05-cv-00877-JJ F Document 79-5 Filed 12/07/2007 Page 4 of 4
Sheet1
Name Local Seniority Date Corporate Seniority Date Occupation Code Status
Wylie,Penny A 11/06/1999 . 11/06/1999 TM A 1
Maher,Terrence E 11/06/1999 11/08/1999 TM A J
Benningfield,EarI F 1 1/08/1999 11/08/1999 TM A L
Brown,Bonni G 11/08/1999 11/08/1999 TM A
MarshaII,Kiesha Nicole 11/08/1999 11/08/1999 TM A
Robinson,Wayne E 11/08/1999 11/08/1999 TM A
Seward,Adrienne L 1 1/08/1999 11/08/1999 TM A
Davis,Robert J 11/20/1999 11/20/1999 TC A T
Anderson,Nancy Marie 11/21/1999 11/21/1999 TM A F
Bachman,Kenneth Scott 11/21/1999 11/21/1999 TM A
Spence,Helen Jacklyn 11/21/1999 11/21/1999 TM A
Gregg,Pau| 1 1/24/1999 11/24/1999 90 A
Kelly,Carlton D 01/18/2000 01/18/2000 TM A
Vilichka,Maria A 01/18/2000 01/18/2000 TM A 1
Kmieciak,John T 01/31/2000 01/31/2000 TM A
Amato,Michael Paul 02/07/2000 02/07/2000 TM A
Plesek Jr,Thomas 02/07/2000 02/07/2000 TM A
Munoz,David 02/09/2000 02/09/2000 TM A
Rawls,Nick D A 02/14/2000 02/14/2000 TM A
Dorsey,Ibrahim A 03/27/2000 03/27/2000 TM A
Clifton,Shanta 06/12/2000 06/12/2000 TM A
Ramalho Jr.,Manuel Z 10/02/2000 10/02/2000 TM A
AlImond,Al-nisa C 10/09/2000 10/09/2000 TM L
Carter,Sabrina J 12/19/2000 12/19/2000 TM L
EIliott,Ryan Ray 12/19/2000 12/19/2000 TC A
Stefanowicz,John Walter 12/19/2000 12/19/2000 TC A
Shortridge,Joann Lillian 01/15/2001 01/15/2001 TM A
Sinkler,George J 01/15/2001 01/15/2001 TM L
Brown,Aaron B 03/07/2001 03/07/2001 TM L
Fryer,Gai| Y 08/21/2006 08/21/2006 TM A
Fryer,Vincent B 08/21/2006 08/21 /2006 TM A
Smith,Frank 08/21/2006 08/21/2006 TM A
WeIls,Chauncey 08/21 /2006 08/21/2006 TM L
Williams,Kenneth 08/21/2006 08/21/2006 TM A
Wright,Tara Y 08/21/2006 08/21/2006 TM A
Lavvson,Fredrick 09/1 1/2006 09/1 1 /2006 TM L
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