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NIEMI - CROSS i 2 3 4 5 6 7 8 9 i0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Yes. Okay. Let's turn to Plaintiffs' Exhibit 2
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now. And let's just confirm, you recognize that this is Appendix J to the Operating Manual, the OPM Operating Manual? A Q Yes. Okay. And if you turn to page 2 it has a
definition of high work, doesn't it? A Q It does. Okay. And section 2(b) discusses working at
height lower than I00 feet; right? A Q Yes. All right. And the first category of work
below i00 feet that constitutes high work is, and I quote, "if the footing is unsure or the structure is unstable." You see that? A Q Yes. You would agree with me that there is no
provision in that description for the practical alleviation of the hazard; right? A Q Right. It's just that condition. Did you read it that way at the time you
were investigating the grievance? A Q Yes. So you understood that once you had worked Heritage Reporting Corporation (202) 628-4888
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NIEMI - CROSS 1 2 3 4 on an unsure footing the shipyard had to pay High Pay for that work regardless of whether it thought that the hazard could be alleviated through measures such as fall protection? A 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q No. Okay. You would agree me though again as
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you sit here today that Appendix J does not provide for the alleviation of work on unsure footing or unstable structures simply because fall protection is available, wouldn't you? A Q A Q I don't know. You don't know? I don't know. Okay. Can you point me to any language in
section 2(b) (I) that makes you uncertain of the answer to my previous question? A I don't know that fall protection wouldn't
make the footing to be not unsure. Q Okay. Let's turn back to Plaintiffs'
Exhibit i then. And if you would just turn to subsection 8-7f(I) . A Q Okay. All right. It reads, "An agency shall pay
the environmental differential in Appendix J to a wage employee paid under the Federal Wage System wage Heritage Reporting Corporation (202) 628-4888
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NIEMI - REDIRECT schedule when the employee is performing assigned duties which expose him or her to an unusually severe hazard, physical hardship o~ working condition listed in Appendix J on or after the effective date specified." See that? A Q Yes. And you were aware of that language at the
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time you -A Q Yes. -- investigated the grievance? Okay. Just one last question for you, Ms. Niemi. At any point before January 18, 2000 did Mark Winkler ever tell you that he had worked up a formula for how to calculate individual High Pay payments to shipwrights? A Q you? A I don't remember. MR. SCARAMASTRA: you, Ms. Niemi. THE COURT: Mr. Mager. REDIRECT EXAMINATION BY MR. MAGER: Nothing further. Thank I don't know. You don't remember any such conversation, do
Q
Ms. Niemi, how many tours of incomplete Heritage Reporting Corporation (202) 628-4888
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NIEMI - REDIRECT
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i 2 3 4
staging did you make in resolving this grievance? A tour. How many tours did I make? There was one
Q
A
Just one? Right. And when, if ever, have you worked as a
6 7 8 9 I0
Q
shipwr i ght ? A Q Never. And how often have you done work on
incomplete staging? A Never. You stated that there was a dispute about
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Q
height on the management team. Did those disputes mean that other members of the team felt that an unusually severe condition existed at another height? A Well, it meant that people didn't feel that
5 feet would necessarily lead to an unusually severe level, that something higher would be more likely. Q A Q Were any other heights suggested? Somewhere in the 20 range was discussed. You said that fall protection gave a
possible height. Could you have recommended a different height? A Q Personally, no. Why? Heritage Reporting Corporation (202) 628-4888
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NIEMI - REDIRECT 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 A I just didn't feel I had the expertise. Why are shipwrights the only employees that are allowed to work on inco~plete staging? A Because that's their specialty.
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That's what
they do and what they're trained to do. Q Okay. And what do the OSHA regulations say
about work being of an unusually severe nature? A Q I don't ]
some OSHA standards to you a little bit earlier with some regulations regarding, some rules regarding OSHA standards and EDP, and you said that's the new standard. Would you know when that was adopted? A I don't know exactly but I believe it was
within the last two or two or three years. Somewhere in there. Q And would you know why you were able to
18
19 2O 21 22 23 24 25
identify that as the new standard? A Well, because the asbestos language in it is
familiar to me. That's what rang a bell as being new. Q So the information that Plaintiff quoted to
you was that applicable to asbestos primarily? A Q I think so but I'm not sure. I'm going to show you a letter that we've
referenced obliquely in your cross-examination, a Heritage Reporting Corporation (202) 628-4888
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