Free Statement - District Court of Arizona - Arizona

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Exhibit 25
1 AFFIDAVIT OF MARK B. REALE
i STATE OF MASSACHUSETTS gss
4 COUNTY OF NORFOLK )
5 I, Mark B. Reels, firs: being duky swam, upon my oath, depcse and say:
6 I. Ihave personal knowledge of me facts stated herein and am competent to
7 testify LO these facts.
8 2. I was the Parsonnei Executive for the Bank of America F‘1‘cmier Banking
9 division from August, 2003 te December, 2001 and have been in the Bank‘s Persozmel
10 Management at all Limes relevant to this affidavit.
11 3. The Bank is a national banking association organized and existing under
12 the Eaws of the United Statcsq During the reievzamt period, the Bank was organized inte
13 banking groups, one of which was the Consumer and Cormuercial Banking Gmupn
34 4. About August 1, 2001, the Bank was realigned from a geographic basis to
35 a business unit basis. In the personnel function, Jchn Harris remained responsible for
16 the Consumer and Commercial Banking Group. Suzanne Watson took the Consumer
17 Bank nationally; Liz Ferrer mak the Small Business Bank nationally, and I mak the
18 Premier Bank nationally We all reported to Mr. Hamish 1\/[12 Harris :"cp0mi·.d to Steele
19 Alphin, the B&nk’S Personnel Director. With tezxlignmcut, the Six Sigma concept
20 became prevalent, including aha: concept that variabiiizy is your enemy.
21 5. Ms. Ferrer and I decided to convert Small Business amd Premier Client
22 Managers to overtime eligible in the Fall of 2003, about September as I recail. At the
23 Personnel Executive Ieveli implementation ef the decisions started in the sense that
24 issues were identified. Consideration was give tc how the conversion would impact
25 Client Manager mum} since Client Managefs considered themselves pmfessionzais.
26 Also, budget issues needed to be addressed.
27 6. In December, 2001, yet anetiaer reorganization occurred. Msn Ferrer
28 became Personnel Executive for Premier Banking and I moved tc another job. MS.
Skiéiiia
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I Watson, who intended to retire about at this time, was placed in charge of
2 implementation. A working team was convened in or before December, 2001. The
3 working team prepared am implementation schedule.
4 7. In July 2005, the Premier Client Managers were reclassified back to
5 exempt.
6 8. Smell Business Client Managers were re—e1assi*i’ied beck to exempt in
7 April 2005.
8 Further affiant sayeth naught.
9 ... ...,....
10 Mer B. Reale
Subscribed and swom to before me this of;-{ENE , 2006.
13 }’l___~f».,<“'“`.2._, Je./. Ga gg
14 Notary Public Lg-.;
15 My commission expires: O€»"l"c:‘¤t‘E.z·l”.~?·lQ- ‘~, Sow NK
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Case 2:03-cv—02262-ROS Document 283-36 Filed 06/26/2006 Page 2 of 2

Case 2:03-cv-02262-ROS

Document 283-36

Filed 06/26/2006

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Case 2:03-cv-02262-ROS

Document 283-36

Filed 06/26/2006

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