Free Witness List - District Court of Federal Claims - federal

Case 1:04-cv-00856-GWM

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Filed 08/21/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WALTER JAYNES, et al., Plaintiffs, v. THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) )

No. 04-856C (Judge George W. Miller)

DEFENDANT'S WITNESS LIST Pursuant to the Rules of the United States Court of Federal Claims, Appendix A, ¶ 15, the United States submits the following list of witnesses for the accord and satisfaction trial. At trial on accord and satisfaction, the Government anticipates calling the following witnesses, to testify as follows: (1) Lynnette Niemi, Administrative Officer, Production Department Puget Sound Naval Shipyard 1400 Farragut Avenue Bremerton, WA 98314-5001 (360) 476-6597 Lynnette Niemi has been the Administrative Officer for the Production Department at Puget Sound Naval Shipyard, Bremerton, Washington ("PSNS") since November 2000. Prior to this position, she was a Personnel Management Specialist assigned to PSNS. It was in this job that she processed grievances and worked on the management team that investigated the high pay grievance. Ms. Niemi would be able to testify regarding policies and procedures regarding the payment of environmental

Case 1:04-cv-00856-GWM

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differential pay for high work, the human resource activities on PSNS, the grievance process and the actions taken to resolve the subject high pay grievance. The Government estimates that Ms. Niemi's direct testimony will take between two to three hours.

(2)

Mary Jane Tallman Superintendent, Shops 64 and 57 Puget Sound Naval Shipyard 1400 Farragut Avenue Bremerton, WA 98314-5001 (360) 476-6597 Mary Jane Tallman has worked at PSNS for more than 26 years. She currently is

the Supervisor of several trade Shops, including Shop 64. She was Superintendent of Shop 64 when 99 employees filed the subject high work grievance. Ms. Tallman was the management official responsible for signing the settlement agreement. Ms. Tallman would be able to testify regarding Shipwright duties, the role of management in the grievance process, and the specifics of the agreement which resolved the subject high pay grievance. The Government estimates that Ms. Tallman's direct testimony will take between two to three hours.

(3)

Mark Winkler Superintendent Shop 71 Puget Sound Naval Shipyard 1400 Farragut Avenue Bremerton, WA 98314-5001 (360) 476-6597 Mark Winkler is currently the Superintendent of painters in Shop 71 of PSNS.

Prior to assuming his current position he held several other jobs, including Senior Process Manager for Shop 64. Winkler was the General Foreman in Shop 64 in charge of the -2-

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Shipwrights during the time of the Shipwright grievance that sparked in this litigation. Mr. Winkler has over 20 years of experience in the Shipwright trade. Mr. Winkler would be able to testify regarding Shipwright duties and procedures, the high pay grievance, the agreement that resolved it. The Government estimates that Mr. Winkler's direct testimony will take between two to three hours.

(4)

Rodney J. Witcher Shipwright Process Manager for Shop 64 Puget Sound Naval Shipyard 1400 Farragut Avenue Bremerton, WA 98314-5001 (360) 476-6597 Rodney Whitcher is Shipwright Process Manager for Shop 64 at PSNS. His

current duties include the management of all Shipwrights and other employees doing Shipwright work in Shop 64. Before assuming his current position in October 2000, Mr. Whitcher was a Shipwright Supervisor and a Journeyman Shipwright. Mr. Whitcher would be able to testify regarding the current and past practices of Shop 64, Shipwright duties and procedures, and the settlement of the grievance. The Government estimates that Mr. Witcher's direct testimony will take approximately one to two hours.

(5)

Barry Joe Aiken 9645 Brownsville Highway Northeast Bremerton, Washington Home phone: (360) 692-2996 Work phone: (360) 476-8028. Mr. Aiken has been an employee of PSNS for approximately 29 years. He served

as the Union Steward of Record for the United Brotherhood of Carpenters and Joiners, -3-

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Local 2317, part of the Bremerton Metal Trades Council, was one of the two union officials designated to represent the grievants in connection with the high pay grievance, and acted as the lead representative for the high pay grievance. Mr. Aiken would be able to testify regarding the grievance process and the actions taken to settle the high pay grievance. The Government estimates that Mr. Aiken's direct testimony will take between two to three hours.

(6)

Joseph L. Hamel 9321 72nd Avenue East Puyallup, Washington (253) 445-6511. Mr. Hamel has served as chief steward of the Bremerton Metal Trades Council,

and was one of the two union officials designated to represent the grievants in connection with the high pay grievance. Mr. Hamel would be able to testify regarding the grievance process and the actions taken to settle the high pay grievance. The Government estimates that Mr. Hamel's direct testimony will take between two to three hours.

(7)

A. Rodger Brown Puget Sound Naval Shipyard Supervisory Management Analyst 1400 Farragut Avenue Bremerton., WA 98314-5001 (360) 476-4434 Mr. Brown is a Deputy Production Resource Manager at PSNS. He would be able

to testify regarding the settlement of the Mascioli grievance, and the grievance process in general. The Government estimates that Mr. Ray's direct testimony will take approximately one hour. -4-

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Mark A. Melnick MARK A. MELNICK Assistant Director OF COUNSEL: JOHN D. NOEL Senior Trial Attorney Department of the Navy 720 Kennon Street, S.E., Room 233 Washington, D.C. 20374-5013 STEVEN L. SEATON Puget Sound Naval Shipyard 1400 Farragut Avenue Bremerton, Washington 98314-5001 /s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tele: (202) 616-2377 [email protected] Attorneys for Defendant

August 21, 2006

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CERTIFICATE OF FILING I hereby certify that on this 21st day of August, 2006, a copy of the foregoing "Witness List" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/ Steven M. Mager Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice