Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:04-cv-00414-SLR Document 42-6 Filed 05/02/2005 Page 1 3 11 .. KQ?

Transcript ofthe Testimony of
Larry E. Gibbs
Date: January 20, 2005
Volume: 1 1
J Printed On: January 31, 2005 1
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Case 1:04-cv-00414-SLR Document 42-6 Filed 05/O2/2005 Page 2 of 3
`Deposition ofLa·1·ry E. Gibbs
Conducted o11 '.l`ht11‘sday, January 20, 2005
Page 42 Page 44
= 1 Q Yes. 1 operator'? .
2 A Yes. 2 A He was one of my catchers, and he —- and learned
3 Q Okay. Who was your forklift operator after 3 how to operate the forklift. He got an opportunity when
4 lvlr, Feddiman left the second time? 4 lvlr. Feddiman left.
5 A Antonio Waters. 5 Q And did you recommend him for that job?
8 Q Antonio, what, please? ‘ 8 A I can`t remember.
7 A Waters 7 Q You say he got some training on the forklift. Who
8 Q And after Mr. Waters? 8 provided the training?
9 A I1/lr. Feddiman came back. 9 A l guess Nlountaire did, or white we were working,
10 Q li/lr. Feddiman came back. And did he ieave a second 10 he would train.
11 time? 11 Q And who was responsible for watching all of hrs
12 A No. 12 training?
13 Q `So you started out with him as your forklift 13 A l was.
14 operator, then there came a time when he left and Nlr. Betey 14 Q Okay. So did you have any input into whether or _
15 came in? 15 not he should get the job as a forklift operator?
18 A Yes. 18 A No;
17 Q Then there came a time when lvlr. Betsy leh and I 17 Q You had none. If you thought he wasn‘t training
18 lvlr. Peddiman came back? = 18 properly, wouldrrt you say something to somebody?
19 A Yes, 19 A l’m sorry. When you said, did l have any input?
20 Q And then we have It/lr. Waters and Nlr. Feddrman, and 20 Q Yeah, into him becoming a forklift operator,
21 Mr. Feddiman is still your forklift operator today? 21 A I don’t understand.
i- Page 43 Page 45
I 1 A Yes, 1 Q All right. Did you have a say in it? Did you say `
2 Q When Mr. Betsy became a forklift operator, had he 2 to anybody in the company, Waters is doing a good job. This
3 been on your crew before? 3 guy ought to be a forklift operator?
4 A No. 4 A No Ididn't say that.
5 Q He hadn't been on your crew? 5 Q What did you say to anybody? l
8 A No. 8 A I was asked F-
7 Q Had he been a catcher before, ifyou know? 7 Q Okay.
8 A Not that I know, no. 8 A —— how was he doing.
9 Q Had he been employed with Mountaire, ifyou know? 9 Q By whom?
10 _ A Yes. 10 A l think Mr. Lynch asked me.
11 Q He had been employed with Niountaire, but you don't 11 Q And what did you say?
12 know in whatjob? 12 A I said, he was doing well.
13 A Forklift operator. 13 Q Okay. So you advised lvlr, Lynch based on the fact
14 Q l-le had been a forklift operator? 14 that you were observing lvlr. Waters that he was doing well?
15 A Yes 15 A Yes.
18 Q But for another crew? 18 Q Okay. And he subsequently became, then, a
17 A Yes. h 17 forklift operator?
18 Q How about Nlr. Walters, when he became a forklift 18 A Yes.
19 operator, had he been on your crew? 19 Q And a forklift operator is a step above a catcher,
20 A Yes. 20 isn't he?
21 Q Okay. And how dld he come to be a forklift 21 A His pay scale is, yes.
' 12 [Pages 42 to 45)
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Case 1:04-cv-00414-SLR Document 42-6 Filed 05/O2/2005 Page 3 of 3
Deposition of Larry Ii. Gibbs
Conducted on Thursday, ftaniiary 20, 2005
· Page TS Page SO
T 1 Q Directing -- okay. Alt right. From time to time, 1 A Nothing. `
2 new catchers have come on to your crew? 2 O You would leave Mr. Garrison without a catcher?
3 A Yes. 3 A That's alt I could do.
4 O Okay. Have you ever suggested to anybody at 4 Q Okay.
5 Mountaire that they hire a particular person as a catcher? 5 A I tell him to contact Mr. Lynch or someone.
8 A Yes. 8 Q I-Iave you ever asked any ofthe other crew leaders
7 Q Okay. Who, ifyou can remember? · 7 to supply you with a catcher?
8 A The last one was Arthur, Arthur Belfield. 8 A Yes.
8 O And was he hired? 9 O And have they done so?
10 A Yes. 10 A At times, yes.
11 Q Okay. And without-- and I don’t mean to stretch 11 O Do some catchers work a double shift from time to
12 your memory, but have there been others like Mr. Belféeld 12 time?
13 that you recommended the company hire? _ 13 A Yes.
14 A Thats it. lthink I said maybe two or three. 14 Q And how does that occur?
15 Ct Okay. Arid were they hired? 15 A Ltke if-- if one ofthe catchers are working on
18 A I think atl but one, lthink. 18 the first shift, and if l’m on, Iikerthe third or fourth
17 O Okay. ‘ 1`7 shift, he would work with the hrst shift and then come work
18 A I think two out ofthe three, yes, l think they ‘ 18 on my shift also.
18 were hired. 18 Q Okay. And, again, thats oniy if he wants to?
20 O Who was it-- do you remember the person who 20 A That's correct.
21 wasn't? _ 21 Q Let me ask you this question. Do you know Donna
_ Page 79 Page Sl
1 A No, I can’t remember him. 1 Mumford?
2 Q Okay. There are other crew teaders employed at 2 A Donald Mumford?
3 Mountaire, we know, right? 3 O Uh-huh. I-le works for Mountaire.
4 A Yes. 4 A You said Donald Mumford?
5 O Have other crew leaders asked you if you could 5 O Donna. I‘m sorry.
8 spare a member ofyour crew to come work on theircrew 8 A Donna. Yes. I have met her before, yes.
7 because they were short? 7 Cr_ Do you have occasion to talk to her at all?
8 A Yes. 8 A No, not anymore.
Q O Okay. And when they've asked that, what have you 9 O l'm sorry. Not anymore?
10 done? 10 A Not anymore, no
11 A lf I have a catcher available, I let him go catch 11 O So there was a time when you did?
12 with that crew leader. 12 A (Witness nods.)
13 Q So you would tell someone from your crew to go 13 O What would you talk to her about?
14 work for somebody's crew, for example, Mr. Garrison's crew, 14 A Like, if one of my catchers had a problem with
15 it he needed it? 15 the -— like say, a W-2 tax forms or something, then I would
18 A lt would be up to him. I wouldask him, would he 18 ask Donna to help them out-- to help themi
17 want to go work wlth Mr. Garrison or whoever. Then that 17 Ct All right. When you say WW2 form, you mean if the
18 would be up to him whether he would go catch with that crew 18 catcher dld not get a W-2 form, he would come to you and you
19 or not 18 would talk to Donna about that? ‘
20 O Okay. If you asked every one ofthe catchers and 20 A Yeah, something like that.
‘ 21 they all said, no, what would you do? 21 O Any other occasion?
2i (Pages 78 to Sl)
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Case 1:04-cv-00414-SLR

Document 42-6

Filed 05/02/2005

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