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O. Okay. What other situations? A. Jim ~ras upset that he thought I was spending engineering dollars to do my union duties. Did he make a c~ent to you about that? I~o, he made a cogent to my supervisor. That you were expending engineering department f~r~s to advance the union activities or to perform union activities? A. To perform them, yes. Q. Okay. Did I see somewhere that he later sent ~ a l~tter or s~thing like that al~ologizing for that A. Yea]l, Jim got into some difficulties with his supervising. A~d this was after I was not und~. his supervision anymore. Part of his, what he was ~irected to do was go to supervisory training classes and ! believe he was directed to apologize to anytxxfy:'that he may have offended during that time period. Q. So if I recall, he had since learned after making the initial c~ent, that there ar~ fu~ds available within ~ineering to do L~ion activities? A. Correct. g. He said he ~ learned that ~ he apol(x~ized for the previous comment? A. Correct.
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Q. Any other situations thet you feel created a hostile work environment? MR. BLACk<: Can she refer to her discovery resFx~nses? MR. CAVA/~: Sure. MR. BLJ~GK: If t~t would help, Kim. THE WITNESS: Thank you. MR. BLAO<: Response to No. 4. Q. (By Mr. Cavan) And for the record, you're reviewing the dl~scovery responses that you provided last Friday, Plaintiff's Responses to Qefendant's First Znterrogatories and Requests for Production? A. I believe that's -- yeah~., Q. Did you prepare these ,particular responses? A. I ~ input on them. ¯ Q. Did you prepare the responses themselves? MR. BLACK: THE wITNESS: Just irgut. MR. BLACX: I did. She reviewed them. She verified them. The copy has the verification THE WITNESS: I also, in working with management and trying to resolve this issue, I had asked for like the ~orkload analysis. I asked to check other forests to see if the), re<]uired their inspectors to become ~OR certified, became at one point, Dick Judge
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had said beccming COR certified helped you in your inspector duties. So i wanted.-to k~ow if other forests also did that. I wanted to do a poll. IiZ'~as told that I couldn't do that;. When ~ asked for the workload analysis, I was told it w-asn~t germane to the case, and yet on the April meeting, I was told that there had to be workload analysis to decide if there was a need for a GS-9 COR. ! felt like I got a lot of dc~Jble-talk from the government. J.was tQl~, well, it's a budget issue, and yet, I kJ-(~w the forest turned back mont-/. And the forest wanted to advertise a civil engineering tech, stash -- yc~J could either be a tech or a degreed engideer. T1~e difference between ~/nat I would have been paid at the 7 level and at the 9 level was 2(]0] some dollars a year. The difference betwee~ a papered engineer, a degreed engineer would be anywhere from 3- to $5,000 a year. S~ the money talk didn't make any sense to me. l'ne workload talk didn't make any sense to me. Dick Judge ~ presented a flip chart at a meeting to discuss my grievance, talking ab~Jt all the work that was c~ing in, that he ~ould prc~ably have to bring CORs in. They even asked me if I want~:~ to detail as a COR at that point ~ahen the workload came up.
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Q. (By Mr. Cavan) Azld I guess ~, question -- I don't mean to interrupt )~u, but my question is more directed at the issue of the hostile work environment and any actions that were taken against you or any situati~s' that existed in the office that you think created a hostile work environment where you ~orked? MR. BLACk<: Well, for the record, 1~m going to instruct the witness, if she believes that thee elefaents she w-as explaining c~stitutes F~rt of the hostile work environment, she should continue-MR. CAVAN: That's fine. MR. BLAO(: --to testify on that. ~ I don't mean to interrupt the dialogue, but I think that enters into the picture. It's justification -- for the record, false justifications can constitute hostile work environment. I~R. CAVAN: Okay. IHE WITNESS: Arw~ When Janette Kaiser first came to the forest, she wanted the issue of the ~z~nsolidation to be resolved. There were still a lot o~ issues in that consolidation. So she came to the Butte District. And this was -- we called it her Meet ~ Greet meeting. She just came and introduced herself. During that meeting, she told us that she wouldn't put up with any
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85 issues of the consolidation and she asked if any of us had any pr~lem~ with that. ~ petiole would change the subject and she brought it back to that track I believe three times. A~d then she started pointing at petiole and saying, "Do you have a pr~l~lem? I~o you have a problem?" SO when she got to me, I told her I th~ght she ~ a big job ahead of her because there were a lot of issues still out there. ~ n~, intent was to let her kr~ h~ dam~ged I felt people had bee~. And she told us %hat if we didn't get over the consolidation issues, ~he ~a~Jld shc~t us. Ar(l ~ she raade that comment, I said well, s~e us felt like we've alreao~/ been shot. Ar(l she looked directly at me and said, "Not by my ha~xl, )~u haven't." I felt that was hostile. Q. (By Mr. Cavan) When was that? A. It Was at her Meet arw~ Greet meeting, which was ~ think February 2C130. Q. Okay. A. D.J. went on a detail and I was told -- this was durir~j 2CC0, which was a huge fire y~ar for this forest. And we were -- every person on Butte District was, I ~elieve, involved in st~oporting the fire suppression in some faanner. When D.J. left, I was told, "Okay, you'll 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 2(3 21 22 23 24 25 De taking over her duties." So when I ir~iuired about the temporary promotion, Ervin Brooks told me that he ~ouldn't sign off on the t~nporary promotion Decause was doing mostly fire duties. I felt that was hosti le b~use not only was I doing the fire duties but I was also doing an), ~KJineerirKj duties that were ~oir~g at that time. S~ of the contracts had been shut dc~wn becauso of the fire situation, but there were contracts that were still going. One of them was the one I spoke to where I had asked to get so~e expert guidance and I couldn't get it out of the Dillon Dis~:rict. Q. DO you feel that you were subjected to a hostile work environment based Ul~ your gender?, Was that the core of any of these situati~s that ,you feel created a hostile w~rk environment? A. I think it played into it. Both D.J. ~ c~Idn't Qet any c~ications out of Dick Ju~e. I don't know ~ Ran~'s interaction was with him at that point. I think it played into it. Q. Were you subject to any type of sexual harassment ~n any way?. A. Give me a description of-Q. ilarassment of a sexual nature, either verbally or by cc~duct?
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87 A. I don't believe so. Q. I would Like to talk to you a little bit about ),our claim for reprisal in this case..A~nd this may have been straightened out to so~e d~ree in your responses to interrogatories. In the Cc~1=taint~i~I believe i.t says that there was reprisal taken against you based upon y~ur protected EEO activity. In the response to interrogatories, it apl~rs to clarify that you feel that there was reprisal taken against you not based Ul~ your EEO activities but based upon your b~ion activity. Is that accurate? MR. BLA~K: Well, I want to say for the.record that was my mistake when the Co~plaint was prepared. MR. CAV/bN: ' Sure. I just wanted to make sure that I~R. BLAC/<: Just so you understarwJ. MR. CAVAN: Sure. Q. (By l~r. Cavan) Is that an accurate statement? MR. BLACK: Don't put in the record that lawyers make mistakes, Chris. THE WITNESS: Can you tell me which interrogatory we're talking about? MR. CAV/I!~: Sure, I think it's No. 5. Interrogatory No. 5. MR. BLAC/(: Just take a look at that. I 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 THE WITNESS: Yes, I w~uld say that"s correct. Q. (By Mr. Cavan) So )~:~' re .not claiming that th~ tmok -- that there was reprisal ~inst ycwj based y~r EEO activity'/.. A. I-woul.dn~t justify that a h~ndred percent. think any time you do an EEO activity, at least in the cases that I'm familiar with, that person is pretty much ostracized after the fact. Q. Let me ask you it this Way, was there any action taken against you based upon your EEO activity, any e~p[oyment action of any kind? A. I d~'t believe so, if I'm correct ly. Q. Okay. But do you feel that there was any type of emplo)n~ent action taken acjainst you based upon your participation in union activities? A. Yeah. Q. Okay. ~ ~inat action is tl~at? A. When we combined the forests, the south end didn" have a union, and there was a ruling that the unicn woold represent both sides once we were ccf~bined. {I. And this 'again is like in 19957 A. Yeah, It was ear[y, yeah. At that time, Cathy Frey was the president and I was the vice president we are the two pec~ole that initiated getting the union
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started. Management was -- they did not like the fact that the union came to be. ~ on the south er(~ they ~eren't used to workirxj in that facet and there were remarks-- The south end v~uld enccwnpass what? Q. A. The Beaverhead side of the forest. At one meetiqg that Cathy Frey was at -- it was a Leadership Team tteeting, vhich is ~r~nage~=nt. The rangers, the staff officers all get together a~d have me,tings. Rex Blackwell at the time said that he wouldn't -- he didn't have to do anything that a 55-7 u~ion rep brought up, and Cathy was in his presence Vnen he sa~d that. Q. And again, my question is directed at e~ployment action that was taken against you b~sed upon your union '" activities? MR. BLAQ<: I'm going to direct the witness to keep explaining because i think this is all c~. textual material. Q. (By Mr. CavBn) Maybe I interrupted you. I didn' quite know where we were goir~j there. But that's ~), question. MR. BLACK: Keep explaining the background, Kim. THE WITNESS: I think we were ostracized or
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thought of differently because we were r~resenting the group. And the union w~s not a Fx~pular idea with management. Q. (By Mr. Cavan) Okay. Are you done with your answer? A. I believe if I'm understanding what )~u're asking. Q. Well, I Want to know -- I understand that )n~J feel that you were ostracized but I want to kno~/ what specific ~olo~ment action was taken against you based upon that, your union activity or based upon the fact that you were being ostracized? A. I think the decisions that came out of this grievance were in part related to my bnion duties. Q. Was that ever cocmunicated to you in any fashion or is that just a suspicion t~hat y~u have? A. It's an assumption I l~ave, b~sed on the way management interacted. Q. So y~ feel that,the action taken a~ainst you in not prc~ting you and in taking a~ray your COR dutie-~ was based upon your participation in union activity?. A. Not solely, but I think that played a factor. Q. Okay. And you base that assumption on the fact that the background that you just ~}ave us and that you feel, as a union representative, you were ostracized by management? '
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A. Correct. Q. ~ything else to support that assumption? A. No, I would have to converse with Cathy Frey prc~ably, so ~uch stuff happ'~ed during the course. Q. You also allege in th.i.~ case, of course, that -and in y~r EEO complaints that the decision that was made with respect to yo~Jr core duties, COR duties and not prc~ting you was based upon your gender? A. Correct. Q. ~hy do y~J fe~t that this decision was made on account of your gender? A. Because management in this same time period, as I explained before, h~d an outreach that said, once you attain your COR certification, you're at the GS-9 level. Randy Scott applied for that job, got it. And once he became certifi~-l, even though he ~asn't doing COR duties, he was paid at the 9 level. Q. Okay. So when did Randy Scott do this? When did he become COR certified? A. I believe it was in 20Q]. Q. So y6u described this earlier in ycxJr deposition, you talked ab~Jt that there was a new GS-9 level ~osition, is that -- that had bee~ advertised? A. Correct. Q. At~d so prior to the time that they issued it to
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93 Q. So he had to becc~e COR certified before he attained that level? A. He applied for the jc~b, got it, and then became COR certified. So he went into the job at the 7 level. And according to the outreach, once you got your COR certification, you would get the 9 level and that's how it worked. Q. Okay. Now, could you have competed for that job as wel l? 9 I0 A. Yes, I could have. 11 Q. So you were -- you were at a 7 ~ you could have 12 applied for that, and based upon your COR certifi~tion ~ould have been in~ediately placed at a GS-9? 14 A. I believe so. 15 Q. Did you c~mpete for that? ~,: 16 A. NO, I didn't. How com~? 17 Q. A. I just lost my mather-in-l~w, and I was so : 19' ingraired in what was going, on with this case, that I 20 was sonsidering giving up ~rking for the Forest Service. Emotionally, I couldn't handle it at that 21 point. 23 Q. ~ any other factors l~ you to believe that this 24 decision was m~tivated by gender? A. We did have accretion of duties and I was involved I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2_2 23 24 25 in the Partnership Council meeting where that took place. Cliff McCluskie, who works for one of the districts on the south end, was given an accretion due to his contracting duties in the timber sales arena. And-° Q. Whe~ was that? A. It's written down sonewhere. I ~ould have to look. MR. BLACK: Tim, you guys prepared a chart of all the non-cc~petitive pr~tions. It's in there. But that wa~ produced in D.J's case. MS. KITTSON: That's in D.J.'s case, yeah. MR. BLACK: Carol, you may have done it. MR. CAVAN: Okay. Cliff .M¢Cluskie was non-competitively prcw~ted. All ~ight. MR. BLACK: live got it~here, too. Q. (By Mr. Cavan) There's also, in your ~wer to interrogatories, a Don Rice? A~ Yes, Don Rice -- ~athy Speich, after our meeting ~here we were told there wasn't any place on the org chart to move us, she decided to apply for a position. It's still under the Engineering/Lands/Minerals Group b~t it's in the contracting, purchasing arena. And it was an upgrade to an 8 level. So she applied and got that. Don Rice then applied for Cathy's vacated
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95 position ~hich was a 5/7. Q. And-A. ~y L~derstanding was the ? !.~vel was dependent on becoming inspector certified. And most of those jobs say if you can attain that withi~."a year, year's time. Don tcx~k the roads test three or four times. Q. To be an inspector? A. Yeah, before he could get a passing grade on it. So they -- Don received his 7 before he was ever certified as an inspector. And my understanding was that that was ~nen he got the 5, that was the point that was made, was tha~ he had to get inspector certified to get to the 7 level. Q. Now, when you originally became a civil engineering technician in 15~;1, you were a GS-7 at that time; is that right? A. Yes. Q. And were you inspector certified Bt that time? A. NO. Rich Hollam~n had g~e to Personnel ~nd had a discussion with them but I wasn't privy to the discussion. And ~Tnen they were done, they said it was a 7 level. Q. Okay. So you were a 7 without being inspector certified for two or thr~e or four years? A. Possibly, yeah. The d~tes I'm not sure of. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 Q. Just as Don Rice was? A. Correct. My understanding with Don was he was told but that was just -- I mea~, I never was in on the discussion. Q. Sure. But you were pointing out that he was at a GS-? though he had not become inspector certified? A. Correct. Q. NOw, ere you aware of other females that were non-competitively prom~ted in the Forest Service during the same time period? A~ The whole Forest Service? O. You know, I don't know. Let's just talk ai~t this forest, ! guess. A. I wasn't aware of any t~til I saw that list that was produced and I believe H. Hinkle (~ there is a fe~le. Q. And y~uhave reviewed -- and I'll just show it to y~J for the record. There's a handwritten summary of the non-competitive personnel actions between 1998 and August of 2003. And y~'ve reviewed that particular A. I believe I have, yes. Q. There's mare than one female on there, isn~ there?
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PO. We perform those duties. Q. Okay. A. Same as a 7. They cone Out with kind of a canned position. Q. Who were the BS-9 males iron A. ~W~, let's see. Well, Randy ettained his 9 in 2C(]0 I believe it was. Q. And that's throt~jh the process we just discussed previous A. Right. I believe Jim Mickelson was an 11. So in 2000, off the top of ~f/ head, I canrt think of a male in engineering that was a GS-9. Q. Okay. I would like to talk to you a little bit a~out yc~Jr dama(jes in this caFe and first ab~t your ec~omic damages. It appears iron your Answers to Interr~atories that you~e seeking the difference in pay between a GS-7 arw~-a GS-9 iron the time that you began performing CaR duties t~til your proration to La~ds. Would that be accurate? A. N~t quite. Since Randy was paid at the 9 level before he perfor~ the duties, I ~uld like to be paid at the 9 level since the dote ~ was certified, w~hicJ~ I believe was in '97. Q. Okay. Through 200~, to the time you were pro~oted to "- in Lands?
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A. Yes. Q. N~w, you had the opportunity to go to GS-9 in through the position that...Randy MR. BLACK: O~je~ti~n, misstates. Q. --is that accurate? MR. BLACK: O~jection, misstates the question. She wasn't offered the position. Qo (By Mr. Cavort) You had the opportunity ~o seek the pos i tier'? A. I could have appli~ for the position. Q. W~re there time periods within there that you were I~n~x)rarily pronoted to a GS-9? A. There w-as. Whe~ O.J. t~ok a detail elst-~here off the forest, I was promoted. Q. A~d that ~vas in that 2C00 time frame? A. Yes. Q. How long was that? And the records would verify it. I just ~ered if you k,~ off the tc~ of your head? A. A couple pay periods, three pay periods. Q. O~her economic losses o~her than A. I v~oul~ like the Thrift Savir~js Plan to be brou~t ~ to ~hat the govern~nt would have been p~tting in at that F~y level. I think we talked aI~t it in this document.
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Q. So in any event, the same benefits that a BS-9 would have gotten, '~ou're seeking? A. Eorrect. Q. What about emotional distress damages, you talked' about that a little bit in your A~swers to Interrogatories. Old you suffer from emotional distress because of this situation? A. Yes. Q. When did that begin to manifest itself? A. The latter ~rt of Q. So it didn't occur while y~u were performing y~ur {OR duties, it occurred in late 2(~C0 as a response to this reclassification process?. A. Correct. Q. And ~hat t~pes of pro~IB~s did you experience? I couldn't control my e~r~tions st ~rk, ~hich A. ~mbarrass ing. Q. In wh~t way could you not control your emotions? A. I w~wJld cry so I avoided work. ;~d then I sought counseling. Q. Okay. Was that through like a work type program? A. Yeah. Q. You had a counselor avBilable to contact? A. Correct. Q. How m~ny times did you see her? i think it's
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101 listed here in the interrc~jatory, but approximately? A. I would say six to eight. Q. #J~d you feel that those problems were attributed to r~'~ge~ent's decision not to promote you?. A. {orrec t. Q. Oid they affect you, these emotional probl~n.s, outside of the workplace? I understand that you became ur~tionaL at work and you cried. Did they affect you outside the workplace as well? A. Yeah. I was Losing sleep, beca~ withdrawn, just the classic symptoms of d~1~ressicn. Q. Flow long did the situation Last? A. Well, it c~/ne to a head in the Latter part of the year '. Q. The Latter part of A. Of 2(1)0, I went to a.physician then and got some antidepressants. ~ it took ak~Jt, I wo, lld say, f!.ve web'Ks for those to kick in. Okay. Did )K)u feel better after that? Yes. Are you still taking medications? Yes. And have yOU had any prc~btems with depression since being on medicati~? A. I believe I can handle the situation with the I medication. 2 Q. So when the problems were a~st severe was at the 3 ~ of 20CE) ~ the beginning of 2Q]1, would that be 4 accurate? A. ! believe so, yes. 5 6 Q. Are you still seeing a counselor of any kirw:l or a ? physician? 8 A. I still see the physician, not the c~e{or. 9 Q. ~d I imagine the physician is identified in the 10 interrogatories. Is that-11 A. Or. Lisa Sessions. 12 Q. Here in Butte?. A. 13 Yes. 14 Q. Is she + mental health profes~,iof~al? 15 A. A~ M.D. 16 Q. An ~.O. 17 (Whereuf~, a brief discussion was held off the 18 record.) 19 Q. (By Mr. Cavan) Maybe you can describe this for me 20 a Little bit. I can understand where you felt at the time that you had been performing some Iwork and had not 21 22 bee~ ccwI¥:~nsated fQr that and that you were r~ forger 2_3 to be able to perform that work in the future, the 24 COR duties. Why do you think that that -- why do you 25 attribute that factor to these emotional 9r~ble~ that
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A. No, ] think that covers it'. 2 Q. You also made a claim here that -- of Loss of 3 annual Leave ~ sick Leave? 4 A, Correct. 5 Q. ExpLain ~hat to me. I found mysell just wanting to get out o~ the 6 A. 7 office. YcxJ ~Kr~w, so if you Look at ~/ leBve slips, you' II find a lot of ~s ~here I ~ould take ~n hour B 9 a half, two hours at th~ end of the day, and D.J. was 10 very go(x~ in allowing me to do that. 11 Q. This is annual leave that you were taking? 12 A. ~nuaL ~ sick. {Vhen I went to the co~selor, 13 took ~iok Leave. There were so~e days, ~ ~ust couldn't 14 cc~ne I~ (Vnereul~, there was a brief interruption.) THE WITNESS: I dreaded working at that time. 16 17 Q. (By Mr. Cavan) Do you know 1-~ much annual Leave or sick leave that you tc~k that you attribute to this 18 19 situation? 20 A. I ~K~Jtd have to go through the pay time sheets arw~ add it up. 21 22 (Whereupon, a brief discussicw1 was held off the 23 record. ) 24 THE WITNESS: Dr. Sessions did prescribe me 25 some time off while the medication kicked in. And like
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ycu had? A. I didn't feel [ was being treated fairly. And c~ce those duties were removed, I.'~ouLd Lose my certification. In the handl~k,,.it says if y~ dof~'I perform those duties within a ¢e~'ta]n time frame, you Lose them, I was ~ot Looking forward to the fact that may have to take that testing over again. It's difficult testing. Q. Did you Lose it? A. Right r~)w, I ~el~eye i'm Still Listed as a COR. They're going through anew system of -- it'~ going to be different ~rom how you got it ~efore. And the r~trBcting o.fficer h~ approa~ed me and asked me to work on service contracts. I wou[d ~ve to {let so~e ~re training at this point to be able to do that. Q. Oo you need your COR certification for yoUr work in Lands? A. No. I didn't mean to interrupt you. You were Q. e~laining to me why you felt this contributed to your e~t icna L distress. A. I couldn't make sense ~ of the decision, was my b~ggest factor and the fact that ~ was being treated differently than other CORs. Q. Okay. Anything else?
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one time, there was an ELMO -- every year we do a December Luncheon type thing, and I got up that morning and couldn't go ~o I took time. 1 my older sister had told me that Prozac helped people 2 lose weight. So I asked him if I could take Prozac for that reason. And so I tried it for a while. 3 How long were you on Prozac? 4 Q. 5 A. At that point? Urn-hum. 6 Q. A. I probably did it for a half a year maybe. 7 When was t~at7 8 Q. 9 A. I ~ou[d say that was in the '8(]s, early '80s 10 ~/be. 11 Q. Between the early 'BOs ~d 2000, did you ever seek any professional help for depression? 12 13 A. No. 14 Q. Did you ever experience any symptoms of depression, ! mean, other than~vhat we all experience? 15 16 Did yc~ ever experience any. type of clinical depression? 17 A. No. 18 (~Vher~gon, a brief'recess was taken.) 19 Qo (By Mr. f~van) Just a couple of follow-up 20 questions. 21 Have you. ever m~de any other EEO complaints-22 A. ~o. 23 Q. --prior to this one? 24 Have you ever fi led any union grievances on your own 25 behalf prior to the one that was filed here?
Q. (By Mr. ~avan) And your counsel has indicated that you'll Im~ke s<~e effort to put together those days that you feel that you missed because of that. A. Okay. MR. BLACK: We will. TIIE WITNESS: Correct. 9 (By Mr. Cave}n) When did your mother-in-law pass I{)
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away? A. In March of 2000. Q. Did that "- ~as that an emotional distressful
situation for you also? Q. And did you miss some work on that account also? A. Let's see. I believe I d~d, yes. Q. Any other events going on in your tile du~ing this time period at the end of 2000, I:~,girming of 2ZD1, that emotionally stressful for you? I don't b~lieve so, no. A. Q. Had y~ ever experienced any depression prior to this time? A. I had experienced depression early on several years ago. lherewras a Dr. McI~ree that I went to, a~
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I08 I 2 3 4 5 6 B 9 I0 11 12 13 14 15 16 17 18 19 21 Q. Was his ~ork or job a~ all tenuous during this time period, 2000, 2C017 ~Jere there ~cerns t~t, t~? A. ~t that were ever -- ~ ~, ~er~y that ~k~ for ~ta~ P~er ~ ~ ~r~si~, ~t he n~er told t~ his j~ ~ being l~ at or an~hi~ like t~t. Q. ~ ~thi~ else duri~ this ti~ peri~ that y~ ~n id~i/y as a stressor, ~R. ~E ~R. (Wher~, at 11:58 CAVe: ~t's all I ~ve. WITNESS: ~nk y~. ~V~: ~nk y~ very the for~ing d~siti~
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g. O.
No. During the Same time period -- I know that there's
been a lot of economic change~
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REs ID~G AT
111 COURT REPORTER' S CERTIFICATE STATE OF MC~TANA) COUNTY OF SILVER Z~ CHRISTINE LIVELY, Fr~-~e Court R~rter ~ a ~tary Public for the State of ~t~, CERTI~: ~at the witness in the (or~i~ TERESA KIN ~E, ~s duly s~rn by ~ ~ t~ify the t~th, t~h and ~thing ~t the,~ruth in the for~i~ ~use; t~t the d~sit~ was Ih~ tak~ before ~ at the t~ ~ place herein ~m~; I~t t~ d~sit~ was r~rt~ by ~ ~n ~chine shortha~ a~ later tr~scr~ into t~riti~ ~er ~ the for~i~ -I~- ~es contain a t~ record of the testi~y of the wit~ss. IN gI~ESS ~EREOF, I h~e here~to set ~y of ~ ~ affix~ ~ ~taria[ s~t this
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Lord Ghorm|ey 06/06/.00,08:50 Ai~.
Toi Debbie Gibson/R1/USDAFS@ FSNOTES Subject:
Let me knowif y~u don'~ get the encl~d Nt. This gbes w~h the reply thin I ~'d to you. Lord Ghormley .. Beaverhead-Deerlodge/Gallatin/Custer NF's Personnel Officer .: (406.) 587-6784 ~ ~ Forwarded by Loni (~hormley/R1AJSDAFS on 06/06100 08:48 AM ErvinJ Brooks .~
.06/05/00 05:26 PM To:. Lord C~wdey/R.~VUSDAFS@FSNOTES, Guy H : Adams/R1AJSDAFS@FSNOTES, DJ Johnston/R 1/USDAFS @ FSNOTES, :..Lange/R 1/USDAFS @ FSNOTES Subject:
,
Lord, attached (hopefully) is a revised PD.for Kim Lange. This incorporates both the work we a~'e asking her tO perform in engineering and added duties.in the lands program section. ' please add this.to your list .ofthings to do for me and complete the classification proces.s on this PD when you can get it scheduled¯ in. Any questions .about the PD please" give me, Guy,.or Kim a call.
Ervin J. Brooks , B-D ELMO Staff Officer 406-683-3979
Forwarded by Ervin J Brooks!RIAJSDAFS on 0610512000 05:22 PM --¯ ¯ Guy H Adams ¯ 0BK~'2000 "]2:02 PM
To: Ervin J Brooks/R1/USDAFS@FSNOTES, DJ JohnstordRIAJSDAFS @ FSNOTES, Kim Lange/R1AJSDAFS@ FSNOTES Sub|ec~.:
attached is a slightly revised position description for kim. changes are primarily ~o r~ajor duties, knowledge, and complexity with regard to the lands portion. "~h!nk this is ready ¯ questions .... e-mail [email protected] pd-09.doc
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.
introduction This position is located in~,a Forest Semrice unit to provide teclmical engineering work on complet~ c0nventional projects of .limited scope, '.or a portion .of a larger and more diverse project, and als~. serves as a Realty Speciaiist?trainee~- support of the Forest Lands Program with responsibilities in. a varietyof lands activities, including land..statusl title Convey.ance, titielai~, rights-of-waY acquisition, withdrawals, land adjustments, grants, and appraisals,The incumbent.works.50% in Engineerin~.,and 50% as ~.Realty-..Spec~alist Trainee.
,
Performs road reconnaiss,ance 'surveys through areas presenting engineering . probl .ems, ordinarily involving, high cost of construction. Based on tentative. desirable maximum-minimum standards, determines possible route or routes, designates key icont'rol D6ints, compiles or makes cost estimate wi.th supporting.,. data. and statistics, and submits t~ supervisor for con. sideration in selecting the most~ feasible .route. ¯-As requited, directs.i'low&r-grade ted~nicians in inspections.and reporting of route Ibcation on low standard roads, reviews reports and makes .. recommendations for submitting to higher authbrity. ~kes and~or recommends revised or alternate designs to eliminate or reduce~ugineeringproblem areas without undue sacrifice of standards, economy., or ¯ esthetics. .... Serves as CORiInspector f~r a~n~str~o~-:-~'const~z~c~on and maintenance contacts."::!. o insure compliance with.the terms and.conditions of thecontract. P~oj~cts are,of ~derate "complexity and. can..usually~e.Completed in a year or less. Issues start. and stop,work~orders to the contractor..Assures compliance by the contractor with the provisions,.plans,, and specification~ ~f the.contrac.t,-accepting or rejecting. quality and acceptability of equipment ~sed,"manhef of performanceand rate. ofw0rk" progress,, interpretation of plans a~d specifica~ions~ and acceptable~ful.~.illment' of the technical ph@ses, of:the coh6ract. Refers points of disagre.ement t~.the Contracting Officef'.:[~Makes changes req~..iring contract amendments and modificat~onsiDvolving adjustments 'in .the contract price or time, and. recommends final acceptance of the completedproject. Instructs the contractor to contact the Contra9ting Officerwh~ne~r subsurface, latent, or~unknown . " ". ~hysical conditions are encountered, Personally notifies.th~ Contracting. of'ricer of these conditions along w~th recommendations. Rejects.defective ma~eria~s..furnished by-the contractor and suspends work not properly ~erformed subject to the.final decision by the Contracting Officer° Maintains. the official~ diary-on the entire project operation. Serves.as the ER/Ynspec~br of timber purchaser built roads of.unusual, difficulty and complexity°. ,This includes the interpretation of plans and specifications, and inspection of construction, reconstruction, and imp. rovement of roads, bridges~ ' cattle guards~ fences, drainage structures, et~. Inspects purchaser construction activities f6r Contract conformance that includes safety~ u~i!iz~tnl, ef materials, esthetics~ and .recommends actionto be taken. ~eeps a record of progress payments. Maintains a file of al! documents and records i~c~d~-t-~-the-adminishration.ef the .contract. Prepares al! required orders and correspondence affecting contract administration. Interprets plans ~-_nd specifications, and provides technica! assistance to force account crews Lnvoived in transportation system and/or building and utility construction m~in~enance. Insures that materials and methods meet required standards. If ~i~ns andio~ specifications ~Dpear to be below standard or in error, makes %ecess~y changes and submits ~o the responsible official for review.
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contract plans, estimates, and specificat$ons for construction of oads, bridges,-buildin~ and utility systems, etc. ~,'s~ familiar with the technical aspects of assembling the contract documents ; As .part of assigned cases in land active'ties, researches appropriate feder~,state and county records to extract and prepare federal land status reports and real estate ownership data. : ..... Reviews, evaluates~, processes, prepares .and recommends various 'conveyance ¯ -instruments r~lated to transfer qf interest in land,, in conformance with ac~e~ed Forest.Service, ¯~Off~ce of General Counsel, and Department of Justice policies and standards. ¯Such documents iiiclhde, ~u~ are no~ limite~:to, warranty deeds, d~nat.ion. dermis,, quitclaim deeds, and various forms of rights-of-way easements and permits.' ;¯ For simpler cases, may assume a leading role .for case co~letion When. under .the. direction of a journeyman level lands~ or.real~y specialist. This role inclu~.es ¯ meetingw~th landowners, other specialists, and other internal and externa! publics ~o gather information to complete cases with responsibility for negotiations~~ .¯arranging ..meetings, and resolving technical problems. ¯ ¯ -ReSponsible. for requesting title insurance commitments and policies from various title i.nsurance companies as required. Schedules and performs follow-up actions ¯ needed~ R~views .title evidence, identifies title defects and¯ initiates appropriate ~.. Curative action. ¯ A~sembles titl~ doc~et~ for preliminary and final title opinions ~ for review .and acceptance¯by the Regional Title Program Manager an~ the Office of~General Counse!~. Coordinates with RO Land Title Specialists to resolve problems on non-r0utine° cases~ Assures that -Plats, ~ibits and o~her supporting documents are Complete, accurate, ~nd. in~. con~.l~i.ance With accepted standards. Pamticipates and assists higher-grade specialists in contacts with land. owners ...iassembles.routinereal estate'transactions-for review, and~complete~such ". transactionsin accordance with clear-cut guidelines andprocedures,..as~direchedbyl ~journeymenlevel lands or real~y specialist. ¯ Accompanies an~assists higher-grade realty specialists and appraisers gathering. data .for land appraisals: Inspects the ¯property involved, assembles comparable ...-.sales ~nformation and other real estate market dat~,.and verifies theterms of proposed real estate transactions~
Eactor 1~ KnQ~lgdqe Required. by the Position
Thorough knowledge of engineering practices, procedures,.~nd techniques~ Knowledge of principles of transportation system planning and analysis to ~accomplish. reconnaissance, design~ and c~ordination.. ~nowledge of road and minor structure design, and construction procedures to accomplish d~sign-: --Oral.and written communication skills in order to prepare and present reports on work projects and to effectively con~m~nicate requirements of land transactions to inte~.al specialists, landowners and others.
.~now!edge of land forms, soil ~ ~ ~=~ ~ ~narac .... s=_c=~ !oggin~ syste_ms~ photo and mad
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-" uterPretation, and/construction procedures to locate routes. ~-=--~-~ ~owledge o~ contract format and applicable specifications t~ develop new cost est.imates a~d costs fo~, design changes and modi, ficatiohs. Knowledge of policies and specifications pertaining to preconstructi~n .and contract administration arenas leading to .certification in all areas. .Knowledge.of standard structures such as retaining wal-ls, ~imber bridges, and major culvert installations to properly administer timber sale and public w.ork. ¯ contracts. . '.. . . . I .¯. ". .
Knowled~e,.of.~routine realty ins£ruments, use of subporting., title .documents, .. terminology inherent in real estate t~.ansaction~; ~d.,a. ~rking familiarity with'.Ji.: .~.i:.:~ .. ¯ realty procedures to. carry out routine realty assi ,gnments, Working. knowledge of. ...... ,[.:;i. i ' . lands..acti~i-~ies..including.r~ght_srof-way agquis~tio,ns, land adjus~mant.s,' title " ¯ .[ "'".. .~ " ", .... ¯ claims, grants and land ,status . ¯ Maintains a working knowledge 6f standard legal processes, documentation, ~nd ' " ' ".~ ' pertinent Forest S~rvice'directives relating to lands activities. . ~ Familiarity with related fields such as minerals, water, soils, timber, andwildlife~ ¯ sufficient to use .teChniques and knowledge from these disciplines in the development . ~f land adjustment Right of Way acq~sitions~ title claims and grants cases./ '. " ~' ".
The supervisor, outlines requirements, provides information on any related works ~bjectives, time limitations, and priorities, ." ..
¯ ghe incumbent indep~nd~ntlypl.ans~and schedules- own. work, The supervisor is " ' '~vailable for consultation and advice on significant, deviations from standard .. .engineering/lands practices, and provides more. detailedinstructions when new . ~ cri.teria or techniq~/es are involved. Work is observed for progress and coordinationwith Others, and for adherence to completion and costschedules. Standard methods.. ¯Used are seldom re@iewed, but review is made for adequacy and conformancewith established policies precedents¯, and engineering concepts and land management ¯"
.The..incumbent carries out assignments in accordance with established methods .and ..... ' '" procedures and clear.iy defined precedents.. Fa~or 30 Guidelines Guides include Agency manuals and handbooks,, engineering charts, plans, specifications,.~and precedents, and other written guides such as Federal ~nd Sta~e laws and regulations, and fieldguides covering both engineering and land acquisition.
.~p!oyee must be able to locate ~nd apply reference material to various aspects of. ass~gnmenb~o
~!c~.ks..inde~ende~.t!yo. in..r~so!ving routine prmblems but obtains approval from supervisor when deviations from estab!i'sh~d"gnide!ines-~are-necessaryo
Factor 4, Comm!exitv
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~k ~ons~sts of a wide Variety ofmoderately complex duties ~relating to ¯ i'i~.gfneering. Assignments involve study, analysis, and consideration of several ~ossible courses of action, techniques and designs, a~d selection of .the most ¯ appropriate. Changes o~deviations often must be.made during progress of an assignment'to incorporateadditional factors requested after start of the project, or to adjust for conditions whi~h could not be predicted accura~eiy in the Original plans~ ~Incum~ent reviews legal instruments andsupporting,documents, obtains additional " ..$nforma~ion as needed, reconciles discrepancies,, add determine~ whether or. not the ~documents conform to applicablelaws, regulations," policies and proce~ures~ ' "Legal ins~r%hment~,an~.s~ing~ek~uments, although somewhat standardized, often ..?:.vary;.significantly regarding format, organization, content and function~.Incumben~ .... ¯ d@Cides onappropriate disposition, monitoring and follow-up, with.assistance from "' Journeyman level realty specialis~sand/or the Regional Title program. Manager~ '.~ compl~ex ~or unusual cases. ~ " ~ ¯ Und~r the ~uidance of higher-grade-realty spedialists, completes allphasesof :~routinere~ity cases, including ~he collection of comparable market data, the research and verification of legal records, and the contacting of land owners to ....-negotiate.~erms of minor realty transactions.with littlecontroversy. ¯Factgr-5, Scobe andEffect The.work invol~es Planning and conducting, engineering work whichrequires "¯..determining, analyzing,, andresol~ing a variety of conditions. ~he Work p~oduc~~' af£ec~s~.~he efficiency, with which engineerin~ projects which ~upport resource activities are-carried On.o... The purpose ofthe work fs to ensure the efficient acquisition, .disposal~ or exchange of lands to provide for.the fullest public ~se of National-Forest SYstem lands consistent with Overall land management objectives. The Work facilitates the successful achievement of the Forest's land adjustment¯, ..rightsTof,way ~acquisition, title claims and grants programs. ~Factor. 6: persona!.C,ont~cta ': con£acts are with coworkers and other ~it personne!, pri~e and subcontractors .and theirrepresentatives, employees in .other gove_~n.~m~nt agencies~ and . manufacturers involved in providing materials for construction projects, specialists in related ~ields, appraisers, resource managers, attorneys, title companies~ private land owners, and the general public.
Factor 7~ Purpose of Contacts
~C0ntac~s in engineering related, work are to plan, direct,' coordinate, and/or perform ~ varietyof assignments, requiring the incumbent to resolve operating problems and conditions, it invoives dealing with cooperative and uncooperative indiv±duals0 requiring substantial tact and skill in influencing or motivating individuals to ~accc~p_.lish,.thedesire~ result° ContaCts in lands related work are for the purpose of disseminating and exchanging information, explain agency polices ~nd objectives° negotiate agreement in-!~nds activities, and obtaining advice ~nd guidelines°
Factor ~, Phvsica! D~mands
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¯¯
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If "YES', please state .~ ~efa~ on e separate ehee~ and al~a~
Prlva~'9 Act Statemeqt
You .are requested to furnish e spedfic mason far your resignalian or :issue regulaeans with regard to en~ploymem of ir~n~uals ~n the Fede~ retireme~ and a foneardino address. Y~r reason may be considered in any sen~ce and, their records, while se~ion 8506 requires agendes to furnish the l~me deddon rega~ng your re-emp!oyment in the Federal service and,may spedfic reas0n far terminalJon of Federal service to the Secretan/~ .L.abor or.:~ ~ Your forwarding address will be used pdn'~ly, to marl you copies, of compensal~qn programs. ' .: -.: ~documents y,~ should have ar ,any pay or compens~on to which you are', " . ~, . ~ .: ., , may result in your not receiving: (l ) your copies, of ,tt~sedocumek'~you This ~ is requestedunder autO,_ dry of, seclions 301, 3301, and 8506 should have; (2) pay or other compensation due you~. ~. and (:3) any ~ 5, U,S, Code. ~ 301 and 3301 .autl~dze OPM and a0endes to unemployment com .pensat~on benefits to which you may be entitled. Reasons for Resignation/Retirement (NOTE: Your reasons are.used in determining possible unemployment benefits. Please be specific and avoid generaJtzaliorm. Your resignation/retirement is effective at the end Of the day, midnioM - unless y~u spedfy otherwise.}-
~
.
A07 Total employment under this appointment must not exceed ( ) bourn
A~ F_n~.ymentunderthisa,apoimment~ustnotexceed(. )woddngdaysay.ear.
A15 Total compensat~n dudng service year may' ,'tot ~ 40% of ~ for
~m~ ~"~nent a~dav~ ~ecuted (
Veterans PreL Code (dd 2~ 4. ff needed) W-.4'$- Federal__ State__ Leave, T ~'mfer. SF-78 fviedical/177 Statement: o~ Physica~ SF-~8"~ Race & NatJ Origin SF-256 Handicap .Selective Service Registration Leave AuO~t ~ FR~CK Separation For~
227 Subject to satisfa~oqf mec~:~d .. S~s/actery me(f~d en file EF~ible to earn annual leave since ~0pointment now exceeds 80 caienda~ Crea"~t for annual leave is retroactive to date of inflial ~07 ]nefigible to earn annual leave because .appointment ~s for ke~ b'~an 90 calendar days, 6~ Temporary appointment, limited to ( ); ineF~ble for heallh ar~ ~e insuranc~ benefits or dvil service retirement. 208 Change o~.appointing oi~ce. Former employing orT~e was ~
LI !
"-
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Lord Ghormle~
To: Dick Judge/R1/USDAFS@FSNOTES, Kim. Lange/R1/USDAFS @ FSNOTES cc: Cathy Fr~y/R1/USD~ AFS@FSNOTES, Lord Ghormley/R1/USDAFS @ FSNOTES Subject: Cl~ssification
Review is now complete. ~ Please see attached.
Lord Ghormley ~,~'~verhead~dodg.eiG~~atlnlCuster NF's Personnel Officer (406) 587-6784
Case 1:06-cv-00306-MCW
United States ,Department of AgrieuRure E~e Code: Route To:.
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BeaverheadS~erlodg~ " Share~ Personnel Office ', Gallatin/Custer P.O. Box 130 National Forests ! Bozemau, MT S977i-0130
-6150 Classification
Da~ei October 3, 20fl0 (__....--/
Subject: Results ofpositio~ review To'~ Acting Forest Engineer On June 15, 2000 the Human Resource OffiCe received .an a~provecJ, SF-52 requesting classification of a position description submitted~ by Kim Lange, Engineering Technician, GS802-07. On September 15~ 2000 the Zone Personnel O~c~ received an extensionoftime to September 29, 2000 to finish the classification review. As of the date of this memo the position ha~ been:reviewed find the'following is the result ofthht review. "" ' The position description clearly describes work of a Gs-9 Engineering Technici~an.. Many of the d~ty statements w~thi~ the'description c ~a~-ne from other classifi~xi GS~9 engineering tecl~ci ~a~ position descriptions or lands standard position des .cripfions at the GS-7 and GS-9 level. Engineering Technician duties: Are Contracting Officer Representative (COR) duties a requir .ement.ofth~ position? If so, then this position is clearly a GS-9.. Ms. Lange has identified in the submiRed description mostshe is bxpected change. The~ GS-7 position that Ms. function.in.this.capacity= which is the that signific,a~..t" to become certified as a COR and to Lange is currently assigned'to describes inspector d~ties. K~owledge and complexity of ~pector.duties is at a lower level than.COR duties.
Lands duties: These duties are clearly Within the legal instruments examining series, GS-963, and based on the duties expected, this work is clearly,at the GS-7 level. The. grade-controlling duties of the position description submitted are within the engineering t~chnician series and wil!, occupy 25% or more of the positions' time, therefore the final classification ~s Engineering Technician, GS-802-9. " If Management determines that these duties are what is needed and expected then managemen~ has ~e following options: !.) Managgment may rexiistn'bute the grade-controlling duties to another GS-9 or;,
,. 2), Proceed to non-competitively promote the employee.
~
occupyLug a temporm-y promotion and has a,not to exce~ date of
"~"-4-z-ec~id that Managemenf makga dec~si .~.on;th~;or~n.fl~ey intend to choose and communicate this to Ms. Lange before the temporary promotion ceases.
/~ Loft1 Ghormley LOP, R[ GHORMLEY Fersonnd Offic, cr
Carh~g for ~he La~d and Serving People ii .'2
Case 1:06-cv-00306-MCW Document 21-3 Filed 03/15/2007 Page 19 of 25 Shared Personne~ Orate ,United States Forest Gallati~dCuster ~ P. Oo Box 130 Dep~rtment of Service Nation~! Fo, rests Agriculture
Code: ~loute To:
6150 Clas~fication
Date:
O~ober 3, 2000
Subject: Results of position review
To: Acting Forest Eng~her On June 15, 2000 the Human Resource Office received-an approved SF-52 requesting clasgfication of a posifion.des~i-~-~i .~,d by.Kim Large, En~'.',neering'T~chnician, GS802-07. On Septeraber.15, 2000 the Zone Personnel Officer receiged an extension of time to S~ptember 29; 2000-t~ fi~h ~he.~lassi.ficat~on.revie.w.. As.af~he dale of this memo the ~osition has been reviewed and the folio.wing is the result of that review. The position description clearly de~ib~ work of a OS-9 Engineering T~chnician..Many Of the duty stat~-ments within the description came from other classifid GS-9 engineering t~Imician ' ' position descriptions, or ,lan~ standard position descriptions at the GS-7 and GS-9 level. Ensineering Technician duties: Are Contr'~cting Officer Representative (COR) requirement of this position? If so, then this position [s clearly a GS-9: Ms. Lange has identified in the submitted description that she isexpected to become certifi~l ~ a COR and.to function in this. capacity, whichis the most sisaificmt change. The GS,7 position that Ms. Lange is currently assigned to descn'bes inspector duties. KnowI~Ige and complexity of inspector duties is ata Ibwer I~v~l'tha~'O~duties:. ¯ .. Land~ duties: Th~ daties a~e cleazly.~thin.the Icg_al ins .tmmehts examining serif, GS-963, and based on the duties expected, this work is clearly.af the OS-7 level. The grade-controlling duties of the position description submitted are within the engine..er.ing techr~cian series and, will occupy classification is.Engin~ripg ~f Manage~nent detem'dn~s that these duties are what ~s needed and expected then management has the follow~g option: .. 1). Management may redistribute the grade-conuoiling duties ~o mother GS.-9 2) Proceed to non-competitively promote the employee. IVL~. Lange is curr~tly occupying a temporary promotion and ~ a not to exceed date of November 4, 2000. ~ recommend that Management make a decision on the option they intend ~o choose and communicate t.~S ~o ~. Lan~ b~ror~ h~wm~.C~.pmma~o~:c~.~ s.
id Lon4 Ghormley L 0 P,Y,~ GHORMLEY ?ersonael Officer
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0
|c
8
8
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Q (eque~ted By (Typed Name, T~e, ,~ignature, and RequeSt. Date),
6. Action Authorized By (Typed Name, 7Rte, Signature, and Concurrence Date)
q -Z2 -oo
init|als/Si~nature
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~ ~
If "YES', please state these facts on a separate sheet and attach to SF 52.)
Privacy Act Stateme~
;.
.
:..
You ar~ requested to furnish a specific 't'~ for your resignation or ~ issu~ regulations with regard, t0 emp!oyment of lndivlduals.~. :~. e F~,` ral. reltrement and a fmwmding e~Jr~ms. Your reason may be cons,ldered in any service and their records, while section 8506 requires agenctes 1o fdmish the~. future decision regard'rag your re-employ(pant in the Federal service and may specific reason for termination of Federat sewice to the ~lary of Labor or a"' aisq be used to determine your eligibility for unemployme.nt compe .nsation Slate agency in conn, ect~n With a~fmln.islralion of.tmemptoy~.,.ent: ¯ ~ Your.forwardJng address will be used .B~madly to mai.,ly.ou .coplesof any documents you should have or any pay or compensation to which you are The furnishing of this information is voluntary; however, failure to provide it .may result-in your not receiving: (1) your copies of thbse documentsyou This informst~on is req ,uested under authority of sections 301; 3301, and 8506 should have; (2) pay or other compansedJondue you;, and (3) any of ~ 5~ U.S. Code. Seclk)ns 301 and 3301 authorize OPM ,and b.qenctes to unemployment compensation benefits to which you may be entJffed. 1. Reasons for Resignation/Retirement (NOTE: Your reasons are used in dete~nining possible unemployment benefits. PI .e~e. be. spedflc and avoid generalizations. Your resigt~on/rettrement is effective at the end of the day - midnight - unless you specify otherwise.)
¯
A07 " TOtal employment Under this appointment must not:exceed ( ) hours "
Earning Statement
Veterans P~f; C~}de (dd 214 if needed) W-4's ;- FederaJ ~ State ~ L~ave Transfer SF-61 Appointment Affidavit SF-78 Medical/iT7 Statement of Physical Ability SF-~81 Race &_.Nat~ Odgin SF-256 Handicap. ~-9 Employment Eligibility Selective Service Registration Leave Audi~ Establish MR ~ ~sa~--'~,~ ...........
A15 M01 .226 227 228 10~
' Employment under this appoi.n...tment must not exceed ( ) woddng days a yesr Total c~npensatJon during service year may not exceed 40% of salary for GS~3/1 Appointment affidavit executed ( ) Subject to satisfactory record check and inquiry under EO 10450 Su~j~-~t to satL~ctory med'~.~1
~ligible to earn annuai leav~ sin~e appointment now exceeds gO caisndar days.', Credit f~r annual leave is retmac~e to date of initial appointmenL 107 ~neilgible to earn annual leave because appointment is for less than gO calendar days. ... ~2:3 - Temporary appointmentlimited t~ ( ); ineligible for .he~.lth and life insurance ~nefits or civil service retirement. 208 Change of appointing office. Former employing offic~ was ( ,, Ager~y/SON 55~} Reflects tour change from full-time 552 Reflects tour change from part-lime 553 Reflects tour change ~mm intermitten~ K12 Selected from ( ) dated ( Merit Promot~n Cert# AP~ema~g toun FT ( } p~y perim~, PT ( ) p~y periods, INT ~, ) pay periods SF-8 furnished Lump sum payment to be made for any unused annuaJ leave Reason f~ termination: Lack ~ v~rk / Lack of funds /. Adverse wea~er Student reoJming to schoei
398 N27 $48 474
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,~_ ~,__ ~m Lange , ~~ ...............
To: Dick J~Idge/R1/U~DAFS@FSNOTE~ ~: ~ Gho~iey~I~SDAFS@FSNOTES, Ca~y
~ ~/~/~
Di~ I ~ to ~11 you ~i~ t~y to give you ~u~e~ n~fi~tion times, but did leave messages asking you to call me back. I don't see any mason this matter can't be -wod~ed out but feel I~have to take this action to get the ball rolling. You will receive a signed hard copy in ' the mail. ~w ~c,~oft wor~ DocumenLdoc Kim Lange . Engineering/Lands , Beaverhead-Deedodge N.F, ButteMT
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Filed 03/15/2007
Page 24 of 25
In ,reference to Position Classification Review Master.Agreement Ar~i.'cle !4, paragrap~ 3 states~ Findings will be reported in writing or by DG to the employee no later that 90 ~ys from the employee's request. ¯ My r~uest was received by management (Per~o~el) on Ju~e. '1 reported m me, by Debbie Gibs~m Cathy Frey, Ixmai 70i President, w~ cont~ted by I~rri Ghormley on $~t. 15~ ~nd ask~ if~ exte~oa ~Nd be gr .~nted. cathy said thought-! would agr~..to a two-week extension. Todaybeing.$ept~ ~.an.d as'of 1630 having not received a response in writing, this is formal notification of my filing a gd"evance~ Nature of the grievance: Master Agreement w~s violated as outlined'above; time frame having been breached. I also .feel thai my role in the Union has brought negative repercussion myway. , Summary of the issues: [ have been lead to believe this forest doem~t.want or.intend for me to achieve ahigher graded position. I havecome to this conclusion based on information shared with me byco-workers and personal experience. ~ar at an ELMO meeting the Engineering faction met as had art issu~.to.hringforwar& I told him not at-this time, as I needed further time..to do some research. This issue dealt with the.f~t tlmt-Rmady~.Soot~, cathy Speich and myself were all either qualified or in a short time could become qualified bythe Engineering Certification Program as COR/ERs. Randy and Cathy only needed to pass the oral exams, scheduled in a few months. This was,the research I wanted to. wait on before, bringing up this issue. [ had passed the previous year. Cathy, Randy and [ had talked about the fact that in the stkudard position descriptions a GS 802-07 has inspector duties, while the GS 802-09 includes COR/ER duties...We ~all wondered if we would be expected to perform-the duties era 9 but remain classified and paid as.sevens. ~tm askedme two more times ifI Wanted to.discus~ an issue. He sa~d something to the effect that if I had an issue we might as well talk about ff now. I then told the group I was putting on my Union hat and stated once again that I felt this d~scussion was a bff early. I asked both Jim and Dick Judge what they planned to do once all three of us were qualified as COR/ERs. Dick said that the organizational chart didn~ have slots for upgrades. ~im said that we would not be upgraded, I told the grou_~ ~km..this was managements right, but we needed to be worked w~thin our job descriptions. ~ also stated that I feIt we tiadbee~lead~dow~,~.fak~,l~mfl, We were not asked what t~cting,..w..e Would like to take for the Engineering Certification P~ogram - we were told what test we were to take. TtiiS'°wasmislg-adi~g.~...~o. chad, ira..eta_ eted this action asbeing ~'what the f~rest would be needing and using us for~u the future. Jim made the stamnent that he also thought we would be made CORfEKs. Both Jim and Dick said we should ~ook at tlds trafffi_ug as matting us more mobile, to Which, I made the statement that as ~ ~ked around the table the only person ~ saw Wn~ might be mobile was Jim. By th~s
Case 1:06-cv-00306-MCW
Document 21-3
Filed 03/15/2007
Page 25 of 25
time Jim was so mad his chin was quiy.ering: I tried to tel! both Jim and Dick that, this
type of action was no~ happ.~ing just on our forest,.ttmt it is ~ widespread issue and that
I just wknted to-let them know that fo~s w, outd resort.to.asking for desk audits if we were worked outside our job desoriptions. , """
I thought we lef[ the meeting with the understanding that w~, would not be promo .ted and Work Would be redirected if it were outside the job description. I was disappointed that we would not be upgr~ted; butkn0wthis was.a right of, management. A few weeks later, Ervin Brooks-asked us-alLto.upgrad¢ our position descriptions to reflect what our duties
wor~.
Sometime after the meeting Jim went., to Cathy Speich.. She: said he was reallymad at She tried to tell him that I was speaking for her and Randy also, as a representative of the group. She said it was like he wou!dn~ acknowledge that I was speaking on behalf of the others beside myself. Cathydidn~ tell me-what Jim's comments were, only that he was really mad at me. °. " ~ -
Kathy Smith told me that Jim had also gone to her.and made.the comment: "tdon.'tcare if that Kim Lange stays in Butte asa 7 forever". DJ Johnston related.to me that Ytm had said tO her that I was costing .engineering money whenffdid:'my unio~dutie~ .He.asked her how much time I WaS spending on union business,. I told DJ. that the union has a managc~nent codethatis funded offthe-top and that is whatt ohargedmymn.ion_time_to. .... ', : A member'of management came. to me and toldme that the former Forest.Supervlsor had asked this person why I was being so negative. This person told the former Forest- ¯ Supervisor that I was blinging forward the feelings of the bargaining unit members, not my own feelings. Some members of management on this forest have a very negative attitude toward the union, and~those of us who havea role as union representatives are therefore looked at with a negative slant. I understand that som~ management people don~t, nor v~ they ~ver, t~ethe ~h~zfion". This is a personal issue, but iftheyare ¯ representing the FOrest they need to play the role they are getting paid ..to do.. As I contemplate a stagnant career, the fact that I have not received a position classification review in a timely manner and the fact that my un~on duties arc~ooked. upon in a negative light, I ask the following as a resolution: A position classification be completed by Oct. 5, 2000. A meeting take p~ace wi~ Persom~l.~ C.my Adams, Dick Judge, Cathy Frey and mysdf as to the strengths and weaknesses .of,~e job classification in relation to a GS 9 ...... A meeting take place with Guy Adams, Dick .Iudge, the ELMO Staff Officer, Gary Howard, Cathy Frey, D3 3ohnstoa and myself discusstug what they see as possible advancement oFporturfities, if any, for me,
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