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APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS

I. Niemi, Lynnette 03/09/05 testimony:
Niemi, Lynnette 30(b)(6) 03/09/05 - Page 16:11 - 17:1 11 Q How long have you been employed with the Puget Sound 12 Naval Shipyard? 13 A Since 1978. 14 Q And what departments are you currently working with? 15 A I work for the production resources department. 16 Q What's your title? 17 A Administrative officer. 18 Q And before that, what were you? What was your job? 19 A My job previous to that was human resources specialist 20 with Navy Region Northwest. 21 Q Okay. And how long have you been the production 22 resources department administrative officer? 23 A Since November of 2000. 24 Q All right. And how long were you a human resources 25 specialist with Navy Region Northwest? 00017 1 A For about three and a half years prior to that. Niemi, Lynnette 30(b)(6) 03/09/05 - Page 20:7-15 7 Q Who is responsible for entering the time charge records 8 for a given employee? 9 A The supervisor. 10 Q And that is the first line supervisor? 11 A Correct. 12 Q And when is the supervisor supposed to enter this 13 information? 14 A The same day is when they're supposed to do that, 15 sometime during the day. Niemi, Lynnette 30(b)(6) 03/09/05 - Page 21:10 - 22:6 10 Q You started going into this and I wanted to finish up or 11 clarify, what is the information that the supervisor 12 enters on a daily basis? 13 A The job order that depicts the work being done, the 14 numbers of hours because they may do more than one type 15 of job. If there's any additional pay, there's pay codes 16 for that. If the employee is on leave, there's leave 17 codes for that. If there's overtime, there's charging 18 for that. You know, it all goes onto this charge sheet. 19 Q So they'll enter the job number. You mentioned something 20 about they may do more than one type of job? 21 A Correct. 22 Q And I lost you on that. Do you mean working on more than 23 one job number? 24 A Yes. 25 Q In a given day? 00022 APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 1
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A Exactly. Q In which case they'll record time under each specific job number at the end of the day? A Exactly. Q So then they'll enter the base time and hours? A Yes.

Niemi, Lynnette 30(b)(6) 03/09/05 - Page 34:14-21 14 Q Does the shipyard currently keep any records of how much 15 time the shipwrights spend on the leading edge of staging 16 work? 17 A No. 18 Q Does the shipyard currently maintain any records of how 19 much a shipwright spends passing materials up and down 20 the staging while that shipwright is actually on it? 21 A No. Niemi, Lynnette 30(b)(6) 03/09/05 - Page 35:18-22 18 Q Okay. Let me ask you just one more specific one. Does 19 the shipyard currently keep any records of dates and 20 times and when shipwrights are doing staging work during 21 steady rain? 22 A No, not that I know of. Niemi, Lynnette 30(b)(6) 03/09/05 - Page 35:23 - 36:8 23 Q How would you go about determining for sure whether the 24 shipyard maintains those records? 25 A Ask the shipwrights. I mean, if they keep some records 00036 1 I'm unaware of, I don't know about. The records I'm 2 aware of, the official records, no, they do not address 3 that. 4 Q So apart from the possibility that an individual 5 shipwright might somehow report time he's spending on 6 staging in steady rain, there are no other records of 7 that activity that the shipyard keeps? 8 A That would be correct. Niemi, Lynnette 30(b)(6) 03/09/05 - Page 39:25 - 41:16 25 Q Let's start a different way. If the Court ultimately 00040 1 rules that the shipwrights are entitled to additional 2 high pay for work that is not being compensated under the 3 current system, what records will the shipyard have to 4 document the amount of work that has been performed? 5 MR. FATOUROS: Objection; calls for 6 speculation. 7 THE WITNESS: I really -- I don't know. I 8 don't think there is anything there that would tell when 9 they performed the high work. 10 Q Given that the shipwrights are claiming that they're 11 entitled to high pay -- let me start over. 12 Given that the shipwrights are claiming or certain 13 of the shipwrights are claiming that they perform high APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 2
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14 work that is not currently receiving environmental 15 differential, why isn't the shipyard trying to maintain 16 records of that activity the shipwrights claim is high 17 work? 18 A I don't know. And I don't know about the claim that 19 we're currently not paying high work that should be paid. 20 Q I understand. You don't have to agree with me that the 21 shipwrights perform high work that doesn't receive an 22 environmental differential. My question is simply: 23 Given that there is a claim that they are doing high work 24 and that they're not receiving high pay for, why isn't 25 the shipyard trying to document the amount of time that 00041 1 is being spent on this alleged additional high work? 2 MR. FATOUROS: Objection; calls for legal 3 conclusion. Are you asking her to interpret your 4 complaint to then understand why we're not documenting 5 what you've alleged in your complaint we should be paying 6 the people for? 7 MR. SCARAMASTRA: We have -- that's worthy of a 8 little discussion. Our complaint alleges that certain 9 activities of the shipwrights, basically any activity on 10 staging, is high work. And so my question is, given that 11 the shipyard is well aware of those allegations, why are 12 they making no efforts to record the amount of work 13 that's being spent on staging? That's the question. 14 MR. FATOUROS: Objection; calls for legal 15 conclusion. She can answer to the best of her ability. 16 THE WITNESS: I don't know.

II. Niemi, Lynette 03/10/05 testimony:
Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 21:16-24 16 down right out of the git-go if you need to. I gather 17 that there have been two different policies, which I'm 18 going to call the old policy and the new policy, and that 19 the old policy was one that was in effect basically until 20 the grievance decision, and that there is now a different 21 policy, which I'll call the new policy, with respect to 22 how high pay is paid and high work is treated. Is that 23 assumption a fair one? 24 A Yes. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 26:4-6 4 Q Did anyone actually obtain any sort of legal advice as 5 part of the process of formulating the old policy? 6 A I don't know. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 31:5 - 32:8 5 Q All right. Exhibit 11 has a number of references. It 6 mentions the grievance meeting of May 20th. And I think 7 yesterday we reviewed some notes by Mary Walls of that 8 meeting, right? 9 A Correct. APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 3
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10 Q Then it mentions a discussion with management SME. I'm 11 sorry; what does SME stand for? 12 A Subject matter expert. 13 Q And that is Mr. Winkler? 14 A That's correct. 15 Q Was he your principle point of contact during the 16 resolution of the shipwright grievance? 17 A He was. 18 Q And then there's a tour of the staging that you mention. 19 Do you recall who attended that tour? 20 A Mr. Winkler; Mr. Aiken, the union representative; and, I 21 believe, Joe Hamel, the other union rep involved. 22 Q About how long did that tour take? 23 A Couple hours maybe or so. 24 Q I don't want to get into all of the details of it today, 25 but just generally did it consist of going out to the 00032 1 yard and observing the construction of or dismantling of 2 staging? 3 A Yes, in various location and with various types of 4 features. 5 Q And did you actually go up on any of this staging? 6 A Only the stuff that was fit for -- other than 7 shipwrights -- to be on. Only shipwrights can be on 8 incomplete staging. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 33:5-7 5 Q And since the planks are being moved, are they fastened 6 in any way prior to moving to the working level? 7 A No. They were just laid on the staging. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 36:1-13 1 Q Once you prepared Exhibit 11, did you have any follow-up 2 discussions with anyone in management or at the union 3 about the grievance and how it should be resolved? 4 A It's hard to remember the timing. I would have met and 5 spoke with Ms. Tallman and Mark Winkler either in 6 conjunction with it or shortly thereafter. 7 Q Okay. And the one thing, I guess I can infer is given 8 than you're referring to the tour of staging on November 9 10, 1999, and given that the grievance decision was 10 dated, I believe, January 18, 2000, is it fair to say 11 that you prepared Exhibit 11 sometime after November 10th 12 but before January 18th? 13 A Yes. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 37:2-9 2 Q Does reference H, in Exhibit 11, refer to what I've just 3 handed you that's been marked as Exhibits 13 and 14? 4 A It does. 5 Q Do you have any general familiarity with the OPM 6 Operating Manual as part of your role as an -- either 7 your previous job in human resources or your current job 8 in the production resources department? APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 4
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9 A Yes. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 41:20-25 20 Q No? Okay. With respect to the old policy, I had asked 21 you whether the shipyard had developed it with input from 22 legal counsel, and you didn't know. I have the same 23 question now with respect to the new policy. Was that 24 policy implemented with input from legal counsel? 25 A No. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 42:1-6 1 Q Was there a reason why nobody went to counsel for help in 2 understanding either the operating manual or the 3 regulations or the terms of the collective bargaining 4 agreement? 5 A I don't know there was a particular reason. We just 6 worked it out in the HR office. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 48:6-10 6 I gather under the old policy there might have been 7 some high pay for work in the rain, but you don't know 8 whether any such high pay was ever paid. Is that a fair 9 summary of the truth? 10 A I don't know for a fact what was paid for that rain. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 52:1-10 1 Q I recognize somebody else is going to talk to us about 2 fall protection, so I don't need you to go into all of 3 the details, but do you have an understanding of, 4 generally speaking, what are the circumstances when fall 5 protection devices are deemed to be capable of being 6 properly used? 7 A In a general way? I mean, primarily, the anchor point 8 has to be accessible and above you. And in the case of 9 the shipwrights that are erecting scaffolding, that's 10 rarely able to happen. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 52:11-14 11 Q Okay. All right. Even as of today's date, shipwrights, 12 as I understand it, are rarely able to hook into a proper 13 anchor point for fall protection? 14 A Correct, that's my understanding. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 54:10-17 10 Has the shipyard provided any guidelines or instruction 11 to management or to its employees regarding what 12 constitutes steady rain for purposes of receiving high 13 pay? 14 A Not that I know of. 15 Q How is the determination made that the rain is such that 16 high pay is called for? 17 A I don't know. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 56:7-25. APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 5
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7 Q If you turn to Exhibit 13 -- you can keep 14 in front of 8 you. I have 13 here. This is excerpts from the OPM 9 manual, right? 10 A It is. 11 Q And if you turn to page 2, and that's Section S8-7(c); 12 you with me so far? 13 A I am. 14 Q This part of Section S8-7 is one you are pretty familiar 15 with? 16 A It is. 17 Q If you look five lines down, there is a sentence and it 18 reads: "Exposure to a hazard, physical hardship, or 19 working condition of an unusually severe nature listed in 20 appendix J is not taken into consideration in the job21 grading process, and additional pay for exposure to these 22 conditions is provided only through the environmental 23 differentials authorized by this section." Did I read 24 that right? 25 A You did. 00057 Niemi, Lynnette 30(b)(6) v.2 03/10/05 ­ 57:18-59:19. 18 Q All right. And did you, in fact, read the provision I 19 just read from? 20 A Yes. 21 Q Exhibit 13? Okay. Did that play a role in the 22 recommendations that you made in Exhibit 11? 23 A It did. 24 Q Did you have any discussions with anybody else in 25 management about the provision in Exhibit 13 we just 00058 1 read? 2 A I talked about the case in general, and my conclusions 3 with my supervisor in the human resources office. 4 Q Who was that? 5 A Her name was Joene Lott. 6 Q How do you spell Ms. Lott's name? 7 A J-o-e-n-e, L-o-t-t. And then, also, with Ms. Tallman and 8 Mr. Winkler. 9 Q Okay. And can you describe what you recall of your 10 conversation with Ms. Lott about Exhibit 13's provisions 11 that we just quoted? 12 A With regard to that particular point? 13 Q Yes. 14 A That -- you know, that I hadn't found anything, and this 15 wasn't the only thing I looked at to support a conclusion 16 that we could blanketly say shipwrights aren't entitled 17 to high pay because they're shipwrights. 18 Q You mentioned not finding anything that supported that. 19 Did you find other sources of information that tended to 20 agree with what we just read in Exhibit 13? 21 A I did. 22 Q What else did you find? 23 A Well, I did some case law research, and, you know, some APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 6
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24 grievance decisions, arbitrations, FLRA and comp general, 25 just to get a feel for what was going on out there in 00059 1 this kind of a case. So I relied on that too. I 2 couldn't tell you what the cases were or anything. 3 Q I was going to ask you, did you document what you found 4 in the cases in any way? 5 A I may have at the time, but I don't -- those records were 6 left behind in HRO and have since, as far as I've been 7 told, been cleaned up. I don't know if they exist. 8 Q When you say "cleaned up," meaning? 9 A Periodically purge their files after two to three years. 10 Q Okay. Would it have been your practice to have printed 11 copies of the comptroller or arbitration or other 12 decisions, court decisions that you had found and thought 13 were relevant? 14 A Some of them. My practice would be to look at a lot, and 15 print one or two that were on the most point. 16 Q And how did you find those decisions? Did you use a 17 legal research computer database or something else. 18 A Yeah, I used a computer database cyberFEDS, I believe, 19 was what we had at the time. Niemi, Lynnette 30(b)(6) v.2 03/10/05 - Page 63:11-16 11 Q Can you think of circumstances where there aren't those 12 differences, where members of other shops receive high 13 pay for work on staging or incomplete staging where 14 shipwrights in Shop 64 do not? 15 A No. In fact, I believe other workers cannot be on 16 incomplete staging.

III. Winkler, Mark 03/10/05 testimony:
Winkler, Mark 30(b)(6) 03/10/05 - Page 12:5 - 13:9 5 What is your current job position? 6 A I'm a superintendent overseeing the blasters and painters 7 in Shop 71 in Puget Sound Naval Shipyard. 8 Q How long have you been doing that? 9 A About a year and a month in that capacity. 10 Q What were you doing before that? 11 A Numerous positions. If you want to go through the 12 history, I started in the shipyard in 1980, came in as a 13 work study. Went in the shipwright apprenticeship, 14 started in 1981. 1985, I made shipwright mechanic. From 15 1985 to 1990, I think I was the shipwright foreman on the 16 waterfront. I was a foreman till, I think it was 1996, 17 when I became shipwright general foreman overseeing all 18 shipwrights for Shop 64. 1999, I think I became senior 19 process manager over Shops 57, 64 and 71. It was 20 numerous trades. I don't know if you want to hear all 21 the various trades. And subsequently, after that, I 22 became painter superintendent in Shop 71 a year ago. 23 Q Is the move to this current position a promotion? 24 A Yes. APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 7
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25 Q So I don't want to go through all of those positions. I 00013 1 want to just capture the ones really from right before 2 the grievance was filed during the period for which we're 3 seeking high pay, forward. So it sounds like your job 4 changed in 1996 from a foreman-5 A I think -6 Q --to the general foreman? 7 A Yes. 8 Q Supervising the other foremen? 9 A Absolutely. Winkler, Mark 30(b)(6) 03/10/05 - Page 13:10 ­ 14-6 10 Q Can you tell me what that general foreman position 11 entailed? And then we'll work forward to the present. 12 A I was responsible for all processes, all costs and 13 schedules, all hiring, firing, removing. I basically was 14 the person directly in charge of roughly a hundred plus 15 people, i.e., the people that, one, held the shipwright 16 trade designator or were loaned in to help or assist the 17 shipwrights during that time period. 18 Q So did you oversee all of the first level foreman and 19 supervisors in Shop 64? 20 A Just shipwrights. 21 Q Just the shipwright foreman? 22 A Yes. 23 Q Okay. Gotcha. And then that changes? 24 A About 1999, I think, is when I oversaw all general 25 foremen and all foremen throughout all three of the 00014 1 shops. 2 Q Okay. That was 71, 64 and-3 A And 57. 4 Q --57. All right. And you were in that position until 5 about a year and a half ago? 6 A Yes. Winkler, Mark 30(b)(6) 03/10/05 - Page 14:16-15:5 16 Q Who do you currently report to? 17 A Captain Mazzone. 18 Q Okay. And in your prior position before that, who did 19 you report to? 20 A Mary Jane Tallman. 21 Q So that's from '99 till about a year and a half ago? 22 A Yes. 23 Q Okay. And from '96 to '99, who did you report to? 24 A Mary Jane Tallman. 25 Q Okay. Did they add a level? 00015 1 A Yes. 2 Q A layer in '99? 3 A Yes. 4 Q I see. And promoted you into that? 5 A Yes. APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 8
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Winkler, Mark 30(b)(6) 03/10/05 - Page 27:2 - 31:2 2 Q Let's walk through Exhibit 17, then we'll come back to 3 the process a little more. 4 A Okay. 5 Q I asked Ms. Niemi about paragraph 2, which indicates 6 that, "shop 64 pays shipwrights environmental high pay 7 for operating or working from the basket of a JLG or 8 manlift." Do you see that? 9 A Yes. 10 Q I understand that that is the result of an arbitration 11 decision; is that correct? 12 A I don't know. 13 Q You don't know? Okay. It indicates that it's been in 14 effect since 1985. What happened in 1985 to bring this 15 into effect? 16 A I remember that, I don't know why, but roughly around 17 that particular time, some employees -- one received some 18 back pay for operation of JLGs and then, at that 19 particular stage of the junction, anybody that was, one, 20 operating or, one, in the basket got high pay anytime 21 they were working out of the JLGs. 22 Q Let's go to paragraph 4. It says, "When erecting staging 23 inside a slope tank for the first ring of the staging or 24 until level footing is established." Do you see that? 25 A Mm-hm (answers affirmatively). 00028 1 Q It says that's been in effect for about two years. Do 2 you see that? 3 A Yes. 4 Q What brought about that change? 5 A I'm sure it had to do with a lot of work at that 6 particular stage of the junction and clarification of the 7 union agreement. As we went through processes in here, 8 we continually were asked by the employees on the 9 definitions of what was in the union contract. And this 10 went on for years on trying to get some clarifications on 11 what the intent of those particular paragraphs in the 12 union contract were. So I would imagine that came out of 13 the agreement; that we felt that that was another 14 justification for the unsure footing situation that it 15 talks about in the union contract. Speculation, but 16 that's what I would say. 17 Q Okay. Paragraph 5 says that Shop 64 pays shipwrights 18 environmental high pay when working on staging in extreme 19 weather conditions at the supervisor's discretion. Did I 20 read that correctly? 21 A Yes, sir. 22 Q Is that statement true? 23 A Yes, sir. 24 Q And what's meant by, "extreme weather conditions"? 25 A That was, like it says before, the supervisor's 00029 1 discretion on what we felt primarily that had to do with APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 9
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2 wind, rain -- excessive rain and wind. Of course, in 3 this area, sometimes you get rain all the time, so more 4 had to do with the combination of rain and wind. And 5 then possibly, if there was any snow on those particular 6 situations. So those were kind of some examples that we 7 went through at that particular stage. 8 Q Who went through at that particular stage? 9 A Like I stated before, the clarification of which was 10 actually identified in the union contract. When I took 11 over as shipwright general foreman, there was questions 12 about the intent of or some of examples of when high pay 13 would have been paid. 14 Q That's back in 1996? 15 A I think that's when I made general foreman. 16 Q Did you make or anyone else under your command or that 17 you were reporting to document these decisions that were 18 being made about where high pay should be paid and where 19 not? 20 A Not that I'm aware of. This appears to be an example of 21 trying to put some of that stuff together so that we 22 could get some additional clarification for the 23 supervisors out there on the waterfront. 24 Q You sort of gave me a description of what you thought 25 extreme weather conditions would mean. 00030 1 A Mm-hm (answers affirmatively). 2 Q I gather that by the end it was possibly a combination of 3 wind and rain? 4 A Mm-hm (answers affirmatively). 5 Q Right? 6 A Yes. 7 Q Rain alone without more would not qualify as an extreme 8 weather condition? 9 A Depend on how much rain. 10 Q And that's what I was getting at. So just the fact that 11 it's raining isn't enough to warrant high pay under this 12 policy, right? 13 A No. 14 Q It had to be some amount of rain. Did you come up with 15 some objective measurement of how much rain would qualify 16 as an extreme weather condition? 17 A No. 18 Q How did you expect supervisors to know how much was 19 enough? 20 A Get with the employee, come to a mutual agreement on what 21 they felt was excessive. I didn't appear to get to 22 the -- if it's raining three inches an hour is a time 23 period where we felt we wanted to go. I didn't want to 24 get to that level of detail. It was more of a, Hey, 25 let's sit down. If we need some additional 00031 1 clarification, then you get myself involved to come out 2 and take a look at the situation. APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 10
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Winkler, Mark 30(b)(6) 03/10/05 - Page 33:15 - 34:3 15 Q How would you go about determining if the wind was severe 16 enough that you had to go shut down? 17 A Just by going out and looking at the specific job and 18 where they were working. 19 Q What were you looking for? 20 A Looking to see the effect on the wind, as far as, was it 21 pushing me around; kind of where it was coming from; how 22 high the people were off the ground. A lot of different 23 factors that I would take a look at; visibility. That 24 was probably a lot of the issues that I dealt with is 25 because when the wind and rain combined, it really 00034 1 affected the visibility of the employees as far as -- of 2 course, hand-eye coordination is crucial to that 3 particular thing. Winkler, Mark 30(b)(6) 03/10/05 - Page 37:22 - 38:16 22 Q Is it true that each level of staging is planked and that 23 the planks are fastened to the frame with wire before 24 proceeding to the next level? 25 A Not a hundred percent. 00038 1 Q Okay. About what percentage of the time do shipwrights 2 actually create a stable floor by wiring planks to a 3 level of incomplete staging before going to the next 4 level? 5 A Depending on the staging, if you're looking for an 6 overall average, it would be small. Most of the time 7 they move the planks as they go up. But if the staging 8 to be built requires a planking and lifeline of that 9 particular level as they go up, they might lifeline wire 10 that level as they go up. It really depends on the 11 staging and the use of that particular staging. 12 So I would say if you're asking a percentage of how 13 many times that's happens, it's probably less than ten 14 percent on a high staging. But there is multiple 15 different types of staging that are built throughout the 16 ship. Winkler, Mark 30(b)(6) 03/10/05 - Page 40:20 - 42:5 20 Q For the planks that are being used by the shipwrights for 21 temporary platforms, what's the width of the planks that 22 are typically used for that purpose? 23 A One foot wide. 24 Q And how many are typically used side-by-side to establish 25 a temporary work surface? 00041 1 A Two. 2 Q So you've got a 24-foot wide surface? 3 A Yes. 4 Q Are those two planks fastened together in any way, as a 5 general rule? 6 A Required, yes. Are they, no. APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 11
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7 Q Does the shipyard take any action to discipline employees 8 who don't fasten them together? 9 A Not that I'm aware of. 10 Q And then my understanding is that when a level is 11 complete, those planks are moved up to the next level to 12 continue construction more often than not. Is my 13 understanding correct? 14 A I'd say half and half. Sometimes additional planks are 15 brought up from below or those are moved up because 16 people subsequently either stand on those particular 17 areas to pass material up. Or if you're in this 18 particular situation as you've identified here that the 19 JLGs use, then those planks would be moved up because the 20 means of getting the material up is mechanical. 21 Q These planks, are they metal planks or wooden or some 22 other substance? 23 A Could be wood, could be metal -- steel or aluminum. 24 Q And what are the lengths that are typically used? We 25 talked width. What's the length? 00042 1 A In our aluminum plankings, we've got anywhere up, I think 2 to 16 feet is kind of the general, usually 8s, 12s, 16s. 3 In our -- we've got eight-footers primarily with our 4 system staging, and wood planking could be at any level, 5 or, excuse me, any length. Winkler, Mark 30(b)(6) 03/10/05 - Page 53:3-20 3 general understanding of this. Okay? But at the time 4 you were involved in the grievance, were the shipwrights 5 typically tied into the structure of the staging? 6 A No. 7 Q Is that something that's the case now? 8 A No. 9 Q Typically, shipwrights still don't tie into the framing 10 of the staging? 11 A No. 12 Q How about other anchorage points? 13 A Yes. 14 Q And were they tying into anchorage points, typically, 15 back then, aside from the staging itself? 16 A We had started experimenting with it. It was a process 17 that we were trying to evaluate when I first took over. 18 And we were trying to see in how many areas we could. 19 We're making an asserted effort to try to reduce the 20 hazard to employees. Winkler, Mark 30(b)(6) 03/10/05 - Page 59:1-5 1 Q Okay. Did you play any role in the actual investigation 2 of the grievance? You've talked about negotiations, but 3 did you play any role in investigating the facts of the 4 grievance? 5 A No, I don't think so. Winkler, Mark 30(b)(6) 03/10/05 - Page 60:11-13 APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 12
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11 Q Did you and Ms. Niemi meet together with Mr. Aiken at any 12 point during the course of the grievance? 13 A I don't remember meeting with the two of them. Winkler, Mark 30(b)(6) 03/10/05 - Page 76:4-23 4 reached in just a minute. But first, how did you come up 5 with these numerical ratings or assessments initially? 6 A Took the cover page of the grievance. I think I sat down 7 with the union, went through everybody on that list, 8 started putting a numerical assessment based on who we 9 felt were the people that were doing the leading edge 10 work -- that we felt were doing the leading edge work 11 more than the other ones. So if -12 Q Okay. Before we go further, why don't I show you what 13 we'll have marked as the next exhibit. 14 (Exhibit Number 22 marked for identification.) 15 Q This will be Exhibit 22. Is Exhibit 22 what you were 16 referring to just a minute ago? The pages you pulled 17 from the grievance? 18 A Yes. 19 Q Are these then the numbers or initial numerical 20 assessments that appear there next to the names? 21 A Yes. 22 Q Okay. 23 A That was the first crack. Winkler, Mark 30(b)(6) 03/10/05 - Page 76:24 - 77:16 24 Q First crack at it? You can tell from this? Okay. Now, 25 before we go too far, let's take the first name up here, 00077 1 David J. Hurn. 2 A Yes. 3 Q There are actually three different numbers. There's a 4 "1" in a circle, then there is a "2" in a circle, and 5 then there's a "4" without a circle. Can you tell me 6 what each of those figures represent? 7 A Okay. The first one was two different opinions on 8 Mr. Hurn and what we felt his rating as far as being in a 9 high pay situation. 10 Q So one person opined that he should get a one and another 11 person opined he should get a two? 12 A Yes. 13 Q Who were the people who provided these opinions regarding 14 the various shipwrights? 15 A I'm thinking this was between Mr. Aiken and myself. It 16 was the first initial crack. Winkler, Mark 30(b)(6) 03/10/05 - Page 78:7 - 81:1 7 Q Okay. Which of these two figures represents your number? 8 The one or the two? 9 A I don't -- I don't know. 10 Q And whose handwriting appears here? Whose handwriting is 11 the one with the circle around it next to Mr. Hurn's 12 name? APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 13
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13 A I think it's mine. 14 Q Okay. And same with the two with the circle around it? 15 A Yes. 16 Q How about the four that's not circled? 17 A I think that's mine, also. 18 Q Did you make all of these three numbers at about the same 19 time? 20 A No. 21 Q Tell me when you made the first two sets of numbers. I 22 assume those two were made about the same time? 23 A Yes. 24 Q The one and the two? 25 A Yes. 00079 1 Q About when did you make those? 2 A It would be one of the very first get-togethers we had 3 once we came to the idea of the concept of the formula. 4 As far as the actual date, I couldn't provide that. 5 Q Okay. And then how much later in time did you write down 6 the four that appears next to Mr. Hurn's name? 7 A I think that was significantly later, because the first 8 initial thing didn't quite work the way we were 9 anticipating, so we regrouped. 10 Q Tell me what the four represents. 11 A The four represents, in an eight-hour period, how many 12 hours that we felt that Mr. Hurn would have been in a 13 high pay situation. 14 Q And so do the one and two also represent estimates of the 15 number of hours in an eight hour day that were spent in 16 high work? 17 A No. Our first initial thing was we were trying to rate 18 them. One being a person that's spent a lot of time -19 we kind of went in reverse. We were trying to say, okay, 20 a number one is a person that probably does a lot of high 21 work. A two is almost a lot, three... 22 So we tried that first. Figured that wasn't going to 23 be the way we needed to do this. We needed to regroup. 24 So that's when we regrouped and came up with this other 25 one. 00080 1 Q I see. 2 A You understand? 3 Q So a one would have been the highest level of high work 4 under this initial system? 5 A Yes. 6 Q What was the lowest rate? 7 A Zero, I think -- or five. Excuse me. 8 Q One to five? 9 A Yeah. 10 Q Would five basically represent little to no high work? 11 A Yes. 12 Q Under the new ranking system, what did the rankings run 13 from? I assume from zero, for zero hours per day, 14 theoretically? APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 14
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15 A 16 Q 17 A 18 Q 19 20 21 A 22 Q 23 24 A 25 Q 00081 1 A

Yes. Did you actually rate anyone at zero? Yes. What was the highest ranking you gave anyone. I'll tell you the highest I've seen is a five. Does that correspond to your recollection? Yes, it corresponds to my recollection. So the most hours that you credited a shipwright with doing was five hours of high pay per day? In a-Per eight-hour day? In a high pay situation, yes.

Winkler, Mark 30(b)(6) 03/10/05 - Page 81:2 - 82:11 2 Q When you came up with this initial assessment, how did 3 you go about doing that? 4 A Like I said, we met with the union first, then we meant 5 with every one of the supervisors that worked for me at 6 that particular time to go over name-by-name, to -- I 7 guess what I consider, help validate the information that 8 would -- we had had. 9 Q When you went into that initial meeting, though, had you 10 received any input from your foreman as to what each 11 individual's ratings ought to be? 12 A I don't think so. 13 Q Okay. How did you come up with the numbers to give? And 14 there were quite a number of people, right? 15 A Yes. 16 Q I think there were. I think, 99 signatories that you 17 concluded, right? 18 A Yes. 19 Q And then you went through and found everyone else in Shop 20 64 as well, correct? 21 A And other shops. 22 Q Okay. So well over a hundred people? 23 A Mm-hm (answers affirmatively). 24 Q How is it that you, on your own, came up with ratings for 25 each one of these over 100 people? 00082 1 A I didn't. Myself and Mr. Aiken did. 2 Q And presumably you went into that meeting with Mr. Aiken 3 with some notion of where people ought to fall in the-4 A Oh, yeah. 5 Q --one to five on either way? 6 A Absolutely. 7 Q Okay. What inputs of data did you have to come up with 8 those initial ratings that you had in mind? 9 A Personal observation. 10 Q Just personal observation? Okay. 11 A Yes. Winkler, Mark 30(b)(6) 03/10/05 - Page 86:20-24 20 Q After you met with Mr. Aiken and came up with Exhibit 22, APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 15
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21 22 23 24 A

did you present this to anyone in shipyard management before going further down the road towards coming up with a high pay calculation? Probably not this exhibit, no.

Winkler, Mark 30(b)(6) 03/10/05 - Page 89:20 - 90:7 20 I had a little surprise. At some point I gather somebody 21 did a calculation to figure out the number of workdays 22 for which each shipwright was going to receive high pay. 23 A Yes. 24 Q Wasn't the starting point of that to come up with the 25 total number of working days in the claim period itself? 00090 1 A Yes. Whenever we -- I would imagine, we would have had 2 to know when the signing was going to be and how far we 3 were going to go back on it. 4 Q Right. Did you, at some point, calculate the number of 5 workdays between the date 15 days prior to the grievance 6 and the January 18, 2000, grievance decision? 7 A Yes. Winkler, Mark 30(b)(6) 03/10/05 - Page 94:12 - 96:17 12 Q Okay. Now you can put Mr. Whitcher's declaration aside. 13 And I want to go back to yours. In fact, I'll take it. 14 Let's go to paragraph 8. I think that's where we were. 15 The last sentence begins, on page number 62, goes to 16 next page, says: "After the union and I completed this," 17 this referring to initial numerical assessment, "I met 18 with my foremen and went over the list, name by name, to 19 verify our numerical assessment." Do you see that? 20 A Mm-hm (answers affirmatively). 21 Q That's a yes? 22 A Yes, sorry. 23 Q And I'll try to keep those questions to a minimum. 24 At this initial meeting to go over the list and 25 verify the numerical assessment, did you or the other 00095 1 foremen rely on any documents? 2 A No. 3 Q Did you meet with the foremen as a whole in one big group 4 session, or did you have individual meetings with various 5 foremen, or did you do it some other way? 6 A It was a group of the foremen. All of them pretty much 7 together except for I had to meet independently with the 8 back shift guy because he wasn't in on that particular 9 time. But it was day shift supervisors that I was 10 responsible for. 11 Q Was there a single meeting to do this or several 12 meetings? 13 A I only remember one long meeting. 14 Q Okay. The record won't reflect this, but you stretched 15 out the word long quite a bit. How long was this 16 meeting? And I don't need it down to the minute. 17 A It took, I'd say, in excess of two hours to go through APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 16
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18 name-by-name, and there was quite a dialogue between the 19 supervisors. 20 Q Would you describe there as being a fair amount of 21 disagreement over the proper assessments for individuals? 22 A Some individuals. I mean, it wasn't a huge disparity. 23 It was, no, he's a three. No, he's a four. No, she's 24 two. No, she's a three. Conversations like that based 25 on the supervisors' observations. 00096 1 Q About when did this meeting take place? 2 A I would say later in '99, I would imagine. 3 Q Do you remember about when, or where this meeting took 4 place? 5 A In the Ocun Loft. That's where most of -- I know that. 6 Q Where all the work gets done? 7 A It was a place to go where you wouldn't be distracted. 8 Q Okay. Were there any union personnel or representatives 9 at that meeting? 10 A I don't honestly remember if Joe was there or not. 11 Q Was Lynnette Niemi at this meeting? 12 A No. 13 Q Was Ms. Tallman at the meeting? 14 A No. 15 Q Aside from the foremen and you, were there any other 16 management representatives at the meeting? 17 A No. Winkler, Mark 30(b)(6) 03/10/05 - Page 97:4-7 4 Q The final set of uncircled numbers that appear on Exhibit 5 22, did you write those numbers down before or after this 6 meeting with your foremen? 7 A It looks like after. Winkler, Mark 30(b)(6) 03/10/05 - Page 97:8-13 8 Q When you went into the meeting with the foremen, were you 9 still going with the initial system of rating, one being 10 the highest-11 A No. 12 Q --amount of high work? 13 A No. Winkler, Mark 30(b)(6) 03/10/05 - Page 100:10-23 10 Q We've handed you Exhibits 27 and 28. 11 A Okay. 12 Q Can you tell me what these two exhibits contain? 13 A Looked like they've got a numerical assessment and I 14 would imagine the number of days in that particular 15 period. I should say for 27 and 28 they look pretty 16 close to the same to me, but I'd have to go validate 17 that. But they're just in different forms based on, it 18 looks like 28 is based upon badge number, so we sorted it 19 by badge number. 27 -- I don't know why it's sorted that 20 particular way, but -21 Q That was going to be my next question. So 27 is sorted APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 17
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22 by badge number? 23 A Yes. Winkler, Mark 30(b)(6) 03/10/05 - Page 101:7-19 7 Q Now we have Exhibit 29 in front of you. That appears to 8 be yet another compilation of the data concerning hours 9 of high work, right? 10 A Yes. 11 Q Now, a question was asked off the record and might as 12 well get it on the record. 13 The last question I asked you about the preparation 14 was who prepared or who input them. Now let me ask you, 15 these are records that were manually input by someone, 16 correct? 17 A Yes. 18 Q And into a computer? 19 A Yes. Winkler, Mark 30(b)(6) 03/10/05 - Page 102:1-10 1 Q I gather the document created first was Exhibit 22? 2 A Yep. 3 Q Okay. What was the next document to be created? 4 A I would venture to say 23. 5 Q And then what was the next document that was created? 6 A Either one of these two. 7 Q 27 or 28? 8 A Yeah. 9 Q And then what came after 27, slash, 28? 10 A Looks like 24. And then 29, I would venture to say. Winkler, Mark 30(b)(6) 03/10/05 - Page 106:6 - 107:13 6 Let's take Walt Jaynes. He's in each of these. 7 A Okay. Walt Jaynes, Walk Jaynes -8 MR. FATOUROS: Walt Jaynes? 9 MR. SCARAMASTRA: Yes. 10 THE WITNESS: Can you find him? 11 Q On Exhibit 23? 12 A 22. 13 Q I'm sorry, yes, I can find him. He's on page 2 about six 14 names down. And he's a four, right? 15 A Yep. 16 Q So now we're going to Exhibit 23. And I will tell you 17 there that Mr. Jaynes is on page J2512, almost halfway 18 down. 19 A Four. 20 Q He's four, again. Want to take a look at 24? 21 A Four. 22 Q Four, again. Exhibit 27. 23 A I don't have it. 24 Q Oh, excuse me, sorry. He should be on -25 MR. HOLCOMB: Page 1, he's about ten down. 00107 1 MR. SCARAMASTRA: Yep. 2 THE WITNESS: Four. APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 18
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3 Q He's a four, again. And so let's take 28 and 29, if you 4 would. On 28 Mr. Jaynes is on page 3, 2516, three down 5 from the top. 6 A Four. 7 Q Okay. And go ahead and take 29, if you would. 8 A Four. 9 Q Four, again. Okay. I'm going to stop this exercise. So 10 far each of these three individuals, their ratings have 11 held constant through the process. Would you agree with 12 me? 13 A Mm-hm (answers affirmatively). Winkler, Mark 30(b)(6) 03/10/05 - Page 113:19 - 115:4 19 If you concluded that someone had spent two hours, 20 out of an eight-hour day, on average, doing high work, 21 you'd rank them a two? 22 A Yes. 23 Q Okay. Now, you're going to multiply that two by 24 something else to come up with hours of high pay? 25 A Yes. 00114 1 Q I want to talk about that something else. And that's 2 your next sentence. You add up his hours based on 3 workdays-4 A Yes. 5 Q --subtract days of leave, and added his overtime. 6 A Yes. 7 Q Is that what you say in paragraph 9? 8 A Yes. 9 Q Okay. How did you come up with the hours based on 10 workdays? 11 A I would imagine we went from the agreed upon date of 14 12 or 15 days prior to the grievance and to the date it was 13 signed. 14 Q And this is where we started -- we left off before. You 15 then calculated that -- somewhere, someone must have done 16 a calculation of the number of workdays in the claim 17 period, right? 18 A Yes. 19 Q Okay. And then you're going to subtract leave days from 20 that number? 21 A Yes. 22 Q Right. And then add overtime hours back in; is that 23 right? 24 A Yes. 25 Q Okay. But first, you could convert overtime hours to 00115 1 days; is that right? 2 A Yes. 3 Q And did you convert hours to days by dividing by eight? 4 A Yes. Winkler, Mark 30(b)(6) 03/10/05 - Page 115:16 - 116:3 16 Q Looks like Exhibit 31 is another one of the charts that APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 19
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17 18 19 20 21 Q 22 A 23 Q 24 25 00116 1 A 2 Q 3 A

you prepared? MR. HOLCOMB: Is this 31, now? MR. SCARAMASTRA: Yes. THE WITNESS: Yes. That's a yes? Yes. Do you want to do the same exercise with these and sort of put them in what you think is roughly chronological order? Way out here. Okay. So you've got 31 is the last one. Mm-hm (answers affirmatively).

Winkler, Mark 30(b)(6) 03/10/05 - Page 116:25 - 117:2 25 Q So you have them in order. It's 27, 28, 24, 29, 30, and 00117 1 31; is that right? 2 A Yep. Winkler, Mark 30(b)(6) 03/10/05 - Page 126:16 - 127:12 16 Q That's the claim period. And Exhibit 40 is collecting 17 the amount of overtime hours and leave hours for a series 18 of employees, right? 19 A Yes, that appears so. 20 Q Okay. For Jay Neitzel, it's got 12.7 overtime hours and 21 222 leave hours. Do you see that? 22 A Yes. 23 Q And then there is handwritten, next to it, minus 26. Do 24 you know what that represents? 25 MR. SCARAMASTRA: You're not writing on it, are 00127 1 you? 2 THE WITNESS: Yes. 3 MR. SCARAMASTRA: Oh, boy. Go ahead and write 4 on it. We'll make another one. You're using a blue pen? 5 THE WITNESS: Yeah. 6 MR. SCARAMASTRA: Go ahead and mark in blue. 7 THE WITNESS: Sorry. 8 MR. SCARAMASTRA: No, it's okay. We'll know we 9 need a clean exhibit later. 10 Q Is it a conversion from hours to days, as best as you can 11 tell? 12 A Yes. Winkler, Mark 30(b)(6) 03/10/05 - Page 127:13 - 128:15 13 Q Okay. Let's turn to Exhibit 38. Whose handwriting is 14 this? 15 A Speculation? 16 Q Go ahead? 17 A Jim Jazuk. 18 Q And that's the name that appears in the upper right-hand 19 corner? 20 A I don't know that for sure. APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 20
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21 Q Is he one of your foremen? 22 A Could have been at this time. 23 Q All right. Now, let's take an example here, Greg Corey, 24 two down. 25 A Okay. 00128 1 Q Someone has written 245 combined hours of leave and 2 written next to it 30.6 days. Do you see that? 3 A Yep. 4 Q And then it's put 383 hours of overtime and has written 5 47.8 days. 6 A Okay. 7 Q Then appears to have taken 47.8 and subtracted 30.6 to 8 get 17, which is circled and put next to Mr. Corey's 9 name. 10 A Okay. 11 Q Would you agree with me that that's what happened? 12 A Yes. 13 Q Is this the system that was being used to adjust the work 14 hours for each shipwright? 15 A Yes. Winkler, Mark 30(b)(6) 03/10/05 - Page 129:8 - 132:5 8 handle on it. I'm going to show you what I'll have 9 marked as Exhibits 41 and 42. 10 (Exhibit Numbers 41 and 42 marked for 11 identification.) 12 Q Okay. You have those two exhibits in front of you? 13 A Yes. 14 Q Can you tell me what Exhibit 41 is? 15 A It appears to be a report that was taken out of a program 16 to look at how much leave Mr. Scott used from -- let's 17 say, 2/1/99 to 1/7/2000. 18 Q Now, looks like someone crossed out the entries for 19 February 1999 down there, right? 20 A Yeah. 21 Q Okay. And then there is a number of eights that follow, 22 and one three. And then next to it in handwriting it 23 says "163 leave." Is that the sum total of the number of 24 hours of leave that appears on Exhibit 41? 25 A Can I take your word for it? 00130 1 Q I've done the math. I think it is. Would that be 2 consistent with the process you were using? 3 A Okay. Yes. 4 Q If you look at Exhibit 42, what does that show you? Let 5 me rephrase it. What does the printed portion of this 6 show? 7 A Are you talking about this portion? 8 Q Correct. The left few columns, as opposed to the 9 handwriting. 10 A It appears to be a job order that the individual was 11 working on specific days. 12 Q And I'll note that the dates all appear to take place in APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 21
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13 that claim period, beginning 15 days before the grievance 14 to the date of the grievance decision. Does that appear 15 to be the case? Actually, with the exception of sometime 16 towards the end? 17 A Okay. Yes. 18 Q Now, somebody, looks like, tallied in handwriting his 19 overtime hours, Mr. Scott's overtime hours, and came up 20 with 577.9. Is that what happened? 21 A Appears that. 22 Q Then it says, handwriting below, "232 prior OT." What 23 does that refer to? 24 A I don't know. 25 Q Somebody subtracted that from 577.9 and got 345. Does 00131 1 that appear to be what happened? 2 A Yes. 3 Q Then there is 163 with the word, "leave" written next to 4 it? 5 A Mm-hm (answers affirmatively). 6 Q Do you see that? Is that a yes? 7 A Yes. 8 Q And does that come from Exhibit 41? 9 A Speculation. But yeah, I would imagine. 10 Q The same figure -11 A It's the same number. 12 Q Okay. And then it looks like somebody subtracted 163 13 from 345 and got 183. Do you see that? 14 A Yes. 15 Q And then somebody divided 183 by eight and got 23 days. 16 Is that right? 17 A Appears to be -- it's not quite there, but... 18 Q Just about. 19 A Okay. 20 Q Now, back in the series of documents we were looking at 21 before, I'm going to show you Exhibit 33. Would you look 22 at Mr. Scott's name. Can you find it on there? 23 A Yes, I do. 24 Q There is a handwritten number next to his name? 25 A Yes. 00132 1 Q What is it? 2 A Plus 23. 3 Q Plus 23. That's the same number that is calculated on 4 Exhibit 42, correct? 5 A Okay. Yes, sorry. Winkler, Mark 30(b)(6) 03/10/05 - Page 137:2-14 2 Q How did you convert overtime hours into days? 3 A Divided by eight, I would imagine. 4 Q Divide by eight, right? 5 A Yes. 6 Q In fact, that's exactly what you did or someone did in 7 Exhibit 42, right? They came up with a net hours of 183 8 for Mr. Scott? APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 22
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9 A 10 Q 11 A 12 Q 13 14 A

Which number? Exhibit 42? Okay. They divided by eight hours per day and came up with a 23-day adjustment, right? Yes.

Winkler, Mark 30(b)(6) 03/10/05 - Page 140:12-15 12 Q Okay. So you are not saying that the employment 13 grievance decision that's Exhibit 18 was negotiated with 14 the union? 15 A I wasn't -- I didn't negotiate it. Winkler, Mark 30(b)(6) 03/10/05 - Page 141:17-19 17 Q You didn't participate in the drafting of Exhibit 18, did 18 you? 19 A I didn't draft it, no. Winkler, Mark 30(b)(6) 03/10/05 - Page 143:15 - 144:13 15 Q Okay. Let me show you what I'll have marked as 43. 16 (Exhibit Number 43 marked for identification.) 17 Q Have you seen Exhibit 43 before? 18 A No, but it's what I think it was when I stated earlier, a 19 decision that was agreed upon by -- things for high pay. 20 Q This is the settlement agreement, is it not? 21 A That's what it says at the top. 22 Q And it's signed by a member of the union, correct? 23 A Yep. 24 Q And by an A. Burton, for the employees. Do you see that? 25 A Yep. 00144 1 Q And it refers to employees who are assigned to work 2 inside main ballast tanks. This is a settlement 3 agreement associated with a 1998 grievance by insulators 4 in Shop 64, right? 5 A I don't know. 6 Q Obviously the shipyard knows how to prepare a settlement 7 agreement when it wants because this is one, correct? 8 A That's what it says at the top. 9 Q Why didn't the shipyard draft a settlement agreement like 10 Exhibit 43 to resolve the high pay grievance? 11 A I wasn't the deciding official on this one. 12 Q You don't know why? 13 A No. Winkler, Mark 30(b)(6) 03/10/05 - Page 145:20-25 20 Q First of all, did you or anyone you know actually consult 21 with legal counsel to find out if high work was required 22 by law or regulation? 23 A I didn't. 24 Q Did anybody else alert you that they had done that? 25 A No. Winkler, Mark 30(b)(6) 03/10/05 - Page 146:3-12 APPENDIX A TO MOTION TO FILE 30(b)(6) DEPOSITION TESTIMONY: PLAINTIFFS' 30(b)(6) TRIAL DESIGNATIONS ­ 23
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3 Q Given that there was, as you described it, uncertainty on 4 your part and on the management's part as to whether law 5 or regulation required the payment of high pay, is there 6 a reason why nobody went to legal counsel to find an 7 answer? 8 A We don't usually go to law and counsel when answering -9 or settling grievances. 10 Q Even when there is uncertainty as to what the law 11 requires? 12 A It wasn't mine to go do. I had my own portion. Winkler, Mark 30(b)(6) 03/10/05 - Page 146:18 - 147:1 18 Q Does the fact that an employee or union representative 19 signs the resolution of a grievance always indicate to 20 you satisfaction with management's actions? 21 A No, but he said personally. 22 Q What's that? 23 A No. But Mr. Aiken said it personally that he thought it 24 was a good thing for the employees, and subsequently he 25 told me that his union officials, i.e., the president, 00147 1 thought it was a good decision on the employees' behalf. Winkler, Mark 30(b)(6) 03/10/05 - Page 152:4-7 4 Q Did you condition the settlement high pay award on the 5 union giving up any rights on behalf of its members to 6 further high pay? 7 A I wouldn't know that. Winkler, Mark 30(b)(6) 03/10/05 - Page 152:20 - 153:3 20 Q But, in other words, leaving aside the legal stuff-21 A Okay. 22 Q --or how it might have put in legalese, did Ms. Tallman 23 or you or anyone else in your presence tell anybody from 24 the union that a condition of the high pay award was that 25 the union and the Shop 64 employees not pursue additional 00153 1 high pay? 2 A No. We were just trying to resolve the issue with what 3 we considered a fair settlement.

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