Case 1.04-cv-00414-SLR Document 42 5 Fe|e»daQ5% 2i!20&5 @@
Petro 1 Face 2
[ 1] IN "TFIE uNI';‘ElJ la·1·A*.i·1ts mrsTHICT COURT [ 1.] I-N-D—E—M
TN AND Pol-t THE DIsT»tIC'1‘ OP u£LrAt·tARE
[ 2] [ 2] witneee =
JOSEPH GARRIGON
[ 3] WILLIE DAVIS, dit., ] [ 1] l·Ixnm1n.-:t¤i,on by Mr. Brower r......., . ...,.
NATJIANIEL DRIDDELL, [
[ 4] cannot: tv. rF:¤n:t—m~t_ ] [ tt] Brtlituite Marked
.10HEl-·ll linttltrtgon, ] Garrison Exhibit 1. .... ,........ . ........
, [ 5] P1nir·.tiF1‘5, ] [ 5] cert-leon Exhibit 2 ..A.........A,`...... ,
-vs- [ [7,1;, ng, 04-0414 Garrison Exhibit 3 ................. . ...A
[ G] g [ 6] Garrison Ebrltrbit. 4 .,................ .. . .
Moutttvtilttt FARMS, 1t¤r:,, [ . Garrison Exhibit 5 .......,..,....,....., ‘
[ 7] ttotmtmmtz FARMS or ] [ 7] Garrison Exhibit: B ................ .. .... Z
DELPLMWVA, INC'., and ] Cetrrlson Exhibit 7 ............ . .... -.. .. Z
[ H] MOUNTALHE FARMS OP 1 [ 8] Garrison Exhibit H ..................... .C
Defendants. J oerrteon Exhibit: 9 .,.................... I
[ 9] ~· ·—--— ·· [ 9] Garrison Exhibit 10 ....,................ 1
Garrison Exhibit 11 . ...... . ........ ..... I
[10] Deposition ol' JOSEPH GARRISQN, cniron before [10] Garrluon llxhibie 12 ..................._. 1
Garrison Exlrthit 13 ..................... 1
[11} Pontela C. Washington, Registered Professions; Reporter [.11] Garrison Exhibit 14 ...... , ........,..... T1
’ Garrison Exhibit: 15 ..At.....,......,.... ’1
[U`!] Gnd NOC-E\.fY Public, all the law offices of Young, [12] Garrison Exhi init; 16 . .,_,_______,___,___, 1
GtE1fx’,L:1¤nExhibil: 17 ............. ....... . 2
[13] Cnuewey, Stznrgctbh tz. Tayior, 11D We-et 141.nr: Street:. [13]
[14] GEDYIJECCIWH, Dclettmrnf on Jqnurtry 1,4, zone., baglnhitm [ld]
- [15] ul; .].0:00 uhm, [15]
CERTIFICATE OF COURT l
[17] At=l¤t;A»t,ctm355; [17] I
[181 On bnhnlf of the ¤1e.1.nt1l‘1‘a= [18]
` Merqolirt Eeteleeoin `
[19} HY: JEFFREY K, M1\l-t‘f‘IN, ESQ. [19]
and KERI L, WILLIAMS, ESO. .
[2U] 1509 Gilpin Avenue [20] , , _
Wilmington, Delaware 19£lClG
[21 1 [21]
on l>9l1é|].I` GF the Dttfrjndnnhst
[22] Shame Roe.enthe1 [E13]
LN: AR1‘1·lUH M. Bltuwnlt, E30.
[23] and LAUHA A, l-'IEHEON 5Cl·lEINi3l-ZIQG, ESO. [23]
2U .GULIlZh Chqrlun Straps; 11l:n PLQQJC
[zd] Finltzixnore, Maryhand 21201 [24]
[251 [25]
Page 3 Page 4
[1] WHFIREUPON: [1] A No, no, no.
[ 2] JOSEPH GARRISON, [ 2] G Hove you over done: this before?
[ 3] having First been duly sworn by the eourt reporter, [3] A No, no.
[ 4] thereupon testified upon his oath as follows: [ 4] O Ohtty, thunk you. You understand that
[ 5] MR. BREWER: You have noted the 5 ou are under oath todu , and that ou have an
Y Y
[ 6] appeurencer For the record, Madame Reporter? [ 0] obligation to tell the truth?
[ 7] THE C()Ul·lâ€1` REPORTER: Yee. - [ 7] A Yes.
[ 8] MR. BRIEWER: We have the standard [ 11] Q All right. Thix ie obviously informal,
[ 9] stipulation with retipeet to ~- [ 9] but it has the EHH18. significunee und foree ua il' you
[IO] MR. MARTIN: In Dclnwnre, we don’t have [10] were with n judge in at courtroom, do you understand
[I1] any standard tttipulutione, but 1*11 hc glad to [ll] that, sir?
[I2] stipulate -- [I2] A Yes.
[13] MR. BREWER: An to the form ofthe i [1]] O Okay. 1'l1 be asking you :1 series ol`
[14] question. would be the objections. [I4] questions; the court reporter, as you can see, wil] be
[15] MR. MARTIN: Yet. [15] taking down your unatworst, At nin], it it comes to
I6] MR. HREXVER: Oka , thut`s fine. i6 irini. I Will have un op nrtunit to britt 10 Thc
. Y P Y E
[17] BY MR. BREWER: [17] attention of the judge or jury uny ehunge.-1 or
[1 st Q All right. Mr. Garrison, have you ever [IR] eonl1ietr in your testimony here today and uny future
[19] hccn deposed before? i [19] proeeedingtt, do you undcrstttnd that?
[EU] A Yes. [20] A Yet:.
[21] Q You have'? Curr you tell me when? [21] Q Okay. [would h:t5` · · -- · _ _-
[22] A N0. not proposed, no, 1 huV¤n`t, [22] and that is not to unewer uny q -
[23] not E [23] you do not understand. ll you _
[24] Q Deposed lilac having n deposition like [2é] question, please asl-: me to rep E > `
[25] WC`I'& doing today. E [25] it, okay?
V- _ - _ lll _ = .• II-. 4 - ‘••
Page S3 I Page 54
[ 1] believe, that was your responsibility to perform? [ 1] Q No, no, I'm not asking you that, but
[ 2] A Yes. [ 2] he’s part of the crew?
[ 3] Q And then you’re supposed to check with [3] A Yes, he is. Yes, he is.
[ 4] the driver to make sure his load is secure? [ 4] Q And the forklift driver gets to the
[ 5] A Yes. [ 5] farm by himself?
[ 6] Q Okay. The document goes on to talk [ 6] A Yes.
[ 7] about catching methods, talks about night catching, [ 7] Q So we have then seven catchers and a
[ 8] day catching —— [ 8] forklift operator is on a normal catching crew?
[ 9] A Yes. [ 9] A Yes.
[10] Q -— and so forth, tunnel ventilation and [10] Q Okay. How is it determined who is on
[11] all of those things -— [11] your crew?
[12] A Yes. [12] A I picks them up and T writes the names
[13] O —~ these are all responsibilities the [13] down on my time sheet. 2
[14] crew leader has -- [14] Q All right. So in other words, you know
[15] A Yes. [15] the people who are on your crew'?
[16] Q —- to make sure these things are done? [16] A Yes.
[17] A Yes. [17] Q Okay. Are employees ever assigned to
[18] Q Okay, all right. Now, let me ask you a [18] your crew that are not normally on your crew?
[19] couple of questions, Mr. Garrison. If l repeat I [19] A Repeat that question again.
[20] myself, please forgive me. You mentioned before I _ . [20] Q Sure. You have a regular crew
[21] think that you maintain a crew of seven catchers? I [21] generally?
[22] A Yes. [22] A Yes.
` [23] Q There‘s also a forklift driver [23] Q Does there edlme a time when somebody
[24] associated with the crew, isn’t there? [24] who's not on your crew gets assigned to your crew'?
[25] A I don‘t pick him up. [25] A What do you mean assigned? Just using
l Page 55 Page 56
[ 1] that person that day, is that what you mean? [ 1] A Yes.
[ 2] Q Someone who's not normally a member of i [ 2] Q Okay. You’re also responsible for
[ 3] your crew, have you ever worked with people who are [ 3] maintaining the full crew, aren’t you?
[ 4] not normally members of your crew? [ 4] A Yes, 1 am.
[ 5] A Yes. [ 5] Q You also have responsibility for
[ 6] Q And how does that happen? [ 6] maintaining a good relationship with the growers,
[ 7] A lf 1 need somebody, if 1'm [ 7] arcn’t you?
[ 8] short—handed, I can get up with the dispatcher and I I [ 8] A Yes.
[ 9] would let him know that 1 need a man. Or il' not, I [ 9] Q And you basically are telling the
[10] can get up with my supervisor and let him know that 1 [10] catchers, we went through this, how to go about
[11] need a man. And what they would do, they would send [11] setting up the house and catching them, and watching
[12] somebody out there with -~ for me and help me catch [12] for smothers and everything else, right'?
[13] the chickens. . [13] A Yes.
[I4] Q Okay. But sometimes you catch them [14] Q Okay, that’s fine. All right, now, who
[15] short? [T 5] hires the catchers?
[16] A Sometime [ do. [16] A Doug Lynch.
[17] Q Okay. Now, let me ask you this: You [17] Q Doug Lynch? Okay. Have you ever
[18] are responsible, we have Exhibit 2 there that you're [18] recommended to Mr. Lynch that a catcher be hired?
[19] looking at, you’re responsible for ensuring that the [19] A Yes.
[20] catchers, drivers, and the forklift operators follow ‘ [20] Q And has the catcher been hired?
[21] the procedures that are outlined there? [2l] A Sometime. Sometime he not.
[22] A Yes. [22] Q Can you give me the name of catchers
[23] Q Okay. And I think you have already [23] that you have recommended to Mr. Lynch who have not
[24] talked about how you interact with the growers if the [24] been hired?
[25] feeders aren’t up, and so you’re responsible for that? [25] A Yes.
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[ 1] Q Okay [ I] Q How many people have you recommended to
[ 2] A I'm trying to think. I mean it`s not [ 2] Mr. Lynch be hired and he has hired them?
[ 3] that many I know of right off. I know the only thing [ 3] A Rough guess, maybe three.
[ 4] I know maybe one of them, one of them like Woodell [ 4] Q Three? Okay. Three or four, something
[ 5] Foreman, I recommend him one time, but it's —- he's [ 5] like that?
[ 6] just been there before and he just ditln't hire him [ 6] A Yes.
[ 7] back, that's all. [ 7] MR. MARTIN: For the record, he said
[ 8] Q Let me sort of zero in on this now a [ 8] three.
[ 9] little. The time that I'm referring to about [9] MR. BREWER: He said three, all right.
[10] referring somebody, that’s only since you have been a [10] HY MR. BREWER:
[11] crew leader, I'm not interested in when you were a [II] Q Is it three, or could it be more?
[I2] catcher, okay? So since you have been a crew leader, [12] A No, definitely couldn`t be more.
[13] you recommended Mr. Foreman'? [13] Q How did you go about making that
[14] A At one-time I have, yes. [14] recommendation to Mr, Lynch?
[15] Q And he had worked at the company [15] A I just asked him that I probably needed
[16] previously? [16] another man, and 1 like you look to hire this guy.
[17] A Before, yes. [17] Q Okay.
[18] Q And how did he come not to be employed [18] A And he asked me just bring him in, get
[19] by the company, if you know? [19] him signed up.
[20] A Repeat that. . - [20] Q That’s what he told you?
[21] Q Was he fired? [21] A Yeah.
[22] A I don't know. [22] Q So in the three cases that we have
[23] Q But he worked before and Mr. Lynch said [23] talked about,\you have needed a man, gone to Mr. Lynch
[24] no? [24] and said, "I need a man, and I have this t'el1ow," and
[25] A Right, yes. [25] you have given him a name, and he has said, "Okay,
‘ Page 59 Page 60
[ 1] bring him in, sign him up"? [ I] Q All right.
[ 2] A Uh—hnh. Yes. [ 2] A You know, sometime I be able to use
[3] Q We tried to get some information on [ 3] one, sometimes I can’t.
[ 4] this before, but let me try this a little bit [4] Q Okay. And does it ever happen that a
[5] differently, Mr. Garrison. If somebody in your crew [ 5] crew leader, another crew leader comes to you and
[ 6] needs to have a day off, okay? [ 6] says, "I need somebody; can you assign somebody to my
[ 7] A Yes. [ 7] crew for Monday?â€
[ 8] Q They need to have tomorrow or let's say [ A Yes.
[ 9] next Monday oft"? [ 9] Q All right. And you will make the
[1 O] A Yes. [10] decision as to whether you can or can’t?
[ll] Q And that would make you short a [11] A Yes.
[12] catcher? _ [12] Q Do you decide which person you’re going
[I3] A Yes. [13] to assign to the other fellah's crew?
[14] Q How do you go about getting that man's [14] A Yes.
[15] position filled for the Monday, just for the one day? [15] Q Okay. Do catchers sometimes work
[16] A I would probably try get somebody off ` [I6] double shitits?
[17] another crew. [17] A Yes. ‘
[28] Q Okay. Describe what you would do to I [18] Q 'l`ell me how that happens.
[19] make that happen. [19] A It would have to be on the right shift
[20] A I would get up with the crew leader. [20] for to be able to do it. What I'm saying is, okay ——
[21] Q The other crew leader? l [21] Q Take your time.
[22] A Yes. And 1 would ask him could I use [22] A If a catcher on night shift, he would
[23] somebody on his crew, if they were available. And he i [23] be able to work with somebody on the 1:00 o‘clock
[24] would get back up with me and let me know whether they l [24] shift the next day he be off, that's the only way you
[25] are or not. ~ [25] can do it.
_ _ _ , nr - - • · _· - : I • I ent 42-5 Filed 05/O2/2005 Page 4 of 4
Page 105 Page 106
[ 1] expect to be paid, I don't show up and you don't [ 1] Q Pm sorry, which men do you send?
[ 2] approve it, does anything happen to ine? [ 2] A It one of the catcher hurt theirself --
[ 3] A Repeat one more time. [ 3] Q Yes.
[4] Q Sure. III ask you for Monday off, [4] A —- his hand, something like that, we
[ 5] today being Friday, and I tell you, "Mr. Garrison," [ 5] would send them to the nurse. _
[ 6] I‘m a member of your crew, "I would like to be off on [ 6] Q Who will send him to the nurse?
[ 7] Monday? [ 7] A I would.
[ 8] A Yes. [ 8] Q How do you do that?
[ 9] Cl "I don't expect to be paid, I don’t [ 9] A I let him go in with the truck driver.
[10] want to be paid, but I just need the day off." [10] Q Okay.
[11] A Right. - [11] A Most of the times.
[12] Q And you tell me no, okay? You tell me [12] Q Go back to the plant?
[13] no, I can’t do that-- Q [13] A Yes.
[14] A Right. [14] Q Suppose it’s a serious injury?
[15] Q —— okay? And I don’t show up to work [15] A Well, if it real serious, either [
[16] on Monday, does anything happen to me? l [16] would have to take him or call the ambulance.
[17] A Yeah, he’s supposed to be written up. [17] Q Call 911?
[18] Q Okay, who writes them up? [ [IS] _ A Yes.
[19] A I do. [19] Q Somebody, God forbid, had a heart
[20] Q Tell me what happens, to the best of - - [20] attack?
[21] your knowledge, based on your experience, what happens [21] A Yes.
[22] if a catcher is injured while working on a farm [22] Q You wouldn’t just wait for a truck, '
[23] catching chickens, hurts himself? [23] you’d take care of it yourself'?
[24] A Well, we sends him in with a truck [24] A Yes.
[25] immediately. [25] Q Okay. That's your decisions to make?
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[ 1] A Yes. [ 1] A Yes.
[ 2] Q I think we have covered this, but if [ 2] Q Okay. And if you could spare a man
[ 3] there is damage to the farm caused by your crew -— [ 3] from your crew, you would?
[ 4] A Yes. ` [ 4] A Yes.
[ 5] Q ~— that is information that you fill [ 5] Q And you would tell the man, whoever it
[6] out on the farm report —— [ 6] is, "Don't come to work for me tomorrow, go to work
[ 7] A Yes. _ [ 7] for this other crew leader"?
[8] Q —— which is Exhibit I to your [ 8] A Yes.
[ 9] deposition? [9] Q All right. And the same would happen
[10] A Yes. [10] with the other crew leaders: If you were short, you
[11] Q 'I`hat‘s where you make that notation? . [11] could go to them and ask them if they had an extra
[12] A Yes. [12] catcher?
[13] Q And it is your responsibility to lill ‘ [13] A Yes.
[14] that out? [14] Q And if they did, they would assign that
[15] A Yes. [15] catcher to your crew?
[16] Q Now, we covered this a little bit [I6] A Yes.
[17] before but I just want to make sure I completely [17] Q Okay. Let me ask you this, sir: Have
[18] understand it. I think I had asked you if a crew [18] you ever recommended to anybody at the company that
[19] leader, another crew leader such as yourself, were [19] one of the people who’s a catcher for you be given a
[20] short a man —— ` [20] forklift job'?
[21] A Yes. [21] A No.
[22] Q -- and he needed an extra man —- [22] Q You have never done that?
[23] A Yes. ‘ [23] A No.
[24] Q ·— he could come to you and ask you [24] Q So the forklift people that you have
[25] couid you spare a man from your crew? · [25] worked with since you were a crew chief since 1999, I
Case 1:04-cv-00414-SLR
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