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

Case 1:04-cv-00414-SLR Document 42-4 Filed 05/O2/2005 Page 1 of 2
DAVIS V- MOUNTAIRE iMulti-Page NATHANIEL BRIDDELL, 1/27/Of
1
·';__ _ _ IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
WILLIE DAVIS, JR., )CA No 04—0414—KAJ
NATHANIEL BRIDDELL, )
GEORGE W. FEDDIMAN, )
JOSEPH GARRISON, )
LARRY E. GIBBS, )
ROY H. WALTERS, ) . f
)
ALL SIMILARLY—SITUATED CURRENT AND )
FORMER EMMPOYEES OF MOUNTAIRE )
FARMS, INC., MOUNTAIRE FARMS OF )
DELMARVA, INC., and MOUNTAIRE FARMS )
OF DELAWARE, INC., )
)
Plaintiffs, _ )
)
V- , . }
)
MOUNTAIRE FARMS, INCQ, )
MOUNTAIRE FARMS OF DELMARVA, INC., )
and MOUNTAIRE FARMS OF )
DELAWARE, INC., all Delaware )
corporations, )
Ji ) ’
F; . Defendants. )
Deposition of NATHANIEL BRIDDELL, taken
pursuant to notice, on Thursday, January 27, 2005 at
10 O0 a.m. at Young, Conaway, Stargatt & Taylor,
‘ Georgetown, Delaware, reported by Lorena J. Hartnett,
a Registered Professional Reporter and Notary Public.
g J Ex:-usrr
· iS w _
2% C;
LORENA J. HARTNETT, R-P.R., (302) 426-1007

. · - -0 - LR Doc mt. 42- Filed 05/O2/2005 Pa e 2 0f 2
NATHANIElE;?3i$Ill)`8%lEli., lililol? i€lllfn—1·ag€l“ mtvrsgv. MOUNTAIKE
Page 104 Page 1.07
1 doing that? 1 transport themselves to the farms?
2 A. Yes. 2 A. Yes.
3 Q. Okay, and the same thing if somebody _ 3 Q. Okay, so how many people did you have
4 wanted to have a smoke, same thing? ’ 4 to pick up?
5 A. Yes. 5 A. Six, probably six every day. ·
6 Q. All right. The catchers receive a one 6 Q. Okay.
7 half hour lunch break; correct? , , 7 A. There was times when I picked up the
s A. No. s whole, down through the years.
9 Q. No? 9 Q. Okay, but mostly it was five or six?
10 A. No. 10 A. Or seven.
11 Q. They are supposed to, aren‘t they? ll Q. Five, six or seven?
12 A. 1 don't know. 12 A. Yeah.
ra Q. You don't know? 13 Q. But seven was your ent.ire crew?
14 A. No. 14 A. Chicken catchers.
15 Q. Well, from the time that you were 15 Q. Right. Okay, let's talk about when
16 catching in '89 until '03, did your people ever 16 you picked up the five -- After you got the five,
17 take a lunch break? 17 six or seven that you picked up and you are
18 A. Yes. 18 traveling on the way to the farm, was it normal
19 Q. When did they take their lunch break? l19 to stop someplace to get a cup of coffee ——
20 A. `Whenever -- Say if I was catching 20 A. Yes.
21 chickens in Crisfield ·~ 21 Q. —- get cigarettes, get a sandwich -—
22 Q. Ulr—huh. 22 A. Yes.
23 A. -- and my manager sent me three 23 Q. -- do this, do that? And how long did
24 trucks, it would take 45 minutes to load a truck:. 24 those stops take, approximately?
Page 105 Page 108
1. That first truck cannot travel from Crisficld to '1 A. Terr to 15 minutes.
2 Sclbyville and back to Crisficld before they 2 Q. That‘s all? Did people ever eat there
3 catch the other two. That's when they would take 3 at that point?
4 their lunch break or some lunch of sort. 4 A. No. -
5 Q. And who would tell them when to take . 5 Q. No? Okay. Then you would go to the
6 that break? 6 farm?
7 A. You took it on your own because they 7 A. Yes. ·
s didn't have nothing to work with. They didn‘t s Q. And when you would go irom one farm to
9 have a truck there. 9 another, did you ever -— It‘s normal to stop
10 Q. Okay, I see, so there was nothing that 10 again, isn’t it, -—
ll they could do? ll A. Yes.
12 A. There was nothing they could do. 1 12 Q. —- if a place is around? And how long
13 Q. Normally the trucks are backed up, rs did those stops last generally? Q
14 aren’t they, one waiting for another? 14 A. Ten, 15 minutes.
15 A. Starting off, yes, depending on how 15 Q. Ten, 15 minutes?
16 far you are from the processing plant. 16 MR. BREVVER: This would be a good time
17 Q. Uh-huh. 17 for a break. It's three minutes of noon.
18 A. And the working conditions. is Your lawyer will tell you that during the
19 Q. Okay. So, as long as there was a 19 lunch break, obviously, you can chat about,
20 truck there, they kept working? 20 even she can chat about anything at all you
21 A. Kept working. 21 like except the deposition. Okay, so we
22 Q. And when there wasn't a truck there 22 will take a break and sec you back —— We
23 and they couldn‘t work, you are saying that`s 23 will take about an hour lunch break.
24 when you told them to take lunch? 24 (A lunch recess was taken.)
Page 106 Page 109
1 A. The majority ot the time. 1 sy Mn. unaware
2 Q. Okay. And is that how it worked from 2 Q. Okay, let's go. l\/lr. Briddcll., let me
3 all the time that you were a crew leader? a ask you this question, ifl may: Could you
4 A. Basically, yes. 4 recommend the promotion of one of the catchers to
5 Q. Okay. Just to make sure that I 5 be a forklift operator?
6 understand your testimony here, that i.s the only 6 A. No.
7 half an hour -— Well, that*s the only lunch break 7 Q. You couldn't do that?
s your crew took? S A. Could l? Oh, let me rephrasc it. You
9 A. Sometimes it could happen two or three 9 said could I recommend?
. 10 times a day, waiting on trucks, and that:'s when 10 Q. Yes.
11 they would eat. ll A. Yes, I could ask Doug about it, yes.
12 Q. Okay. 12 Q. We had talked earlier about. your
13 A. Travel time, that's when they would 13 giving some oral reprimands to people for various
14 eat. Most of the time they would bring their 14 reasons. Did you ever give anybody anything more
15 lunch. A lot of times they would bring their 15 than an oral rcprinrand?
16 lunch. 16 A. Yes.
17 Q. Uh—huh. Well, when you began, when 17 Q. Okay, do you remember who, by any
rs you picked up your crew, you had an order that 18 chance?
19 you picked your people up in, didn`t you? 19 A. Charles Hitchens. i
20 A. Yes. 20 Q. Okay. Do you remember when that was?
21 Q. And after you got pretty much all. of 21. A. No.
22 the crew together, let me ask you ~· Let me 22 Q. Okay. Anybody else you can think of?
23 retract that statement and ask you this: Did any 23 And I understand -- Again, I understand I am
24 members of your crew get themselves to the farms, *24 asking you to go back in time. There may have
Page 104 - Page 109 LORENA .1. HARTNETT, R-P.R., {302) 426—]0(}7

Case 1:04-cv-00414-SLR

Document 42-4

Filed 05/02/2005

Page 1 of 2

Case 1:04-cv-00414-SLR

Document 42-4

Filed 05/02/2005

Page 2 of 2