Free Motion to Certify Class - District Court of Arizona - Arizona

Case 2:03-cv—O2262—ROS Document 158-21 Filed 10/O7/2005 Page 1 013

1 Lydia A. Jones —017l7S
ROGERS 5.: THEOHALD LLP
2 The Camelback Esplanade, Suite S50
2425 East Camelback Road
3 Phoenix, Arlxona 35016
Telephone: (602) 352-5582
4 [email protected]
5 Attorneys for Plaintiffs
6 UNITED STATES DISTRICT COURT
7 ARIZONA DISTRICT
S KAYE I·ll,lTTON, as an individual and No. CV2OU3—2262-PHX—ROS
representative of a class consisting of others
9 similarly situated,
DECLARATION OF
10 Plaintift Kava nnrroiv
11 vs-
12 BANK OF AMERICA, N-A.,
13 Defendant.
l. I, Kaye Hutton, am over the age of lS and I make this declaration based upon my
M personal lcnowledge, unless otherwise stated.
15 2. I am familiar with tl1e job description of Client Managers and based upon my experience
, 6 in viewing available Client Manager positions in the United States posted by the Bank,
the Client Manager positions that I held in Washington and in Arizona were the same
1., positions held by the Client Managers throughout the United States.
18 3. In fact, as demonstrated in the attached Bank Client Manager job postings attached, the
Client Manager job descriptions throughout the United States were essentially the same.
19 ifi EX, ll. ·A.
20 4. The Client Manager positions throughout the United States were the same — each was
designed to sell Bm products to Bank identiiied individuals and as demonstrated in the
21 attached ranking documents, each were ranked by level of perforrnance. Sul; Ex. 1-B.
gg 5. I ain also familiar with the sales training, performance evaluations, incentive pay, and
annual handbooks provided to the Client Managers i11 the United States,
23
6. Client Managers throughout the United States were given the same sales training at the
24 Eanl<;’s Client Manager University.
25 . . . . . . . . l .
7. In addition to receiving the satne training, Client Managers throughout the United States
26 were given the same perhirinance reviews through the P·ank”s standard form of
evaluation and appraisal document.
ase 2:O3—cv—O2262—ROS Document 158-21 Filed 10/O7/2005 Page 2 of 3

1 S. 1n additien to receiving the same training and being evaluated by the same
appraisal forms, tl1e Client Managers throughcut tl1e United. States were
2 provided with and paid under the Ba;olc’s national annual incentive plan.
3 By way of example, see the attached Incennve Plans attached as Ex. l-
(Q‘_` 1 .
4 . . . . . . . .
9. ln addltlon to receiving the same training, being evaluated in the same way,
5 and being paid under the sarne incentive plan, Client Managers 1
- throughout the United States were given the same Associate Handbook,
6 which governed their job in all respects. Eg Associate Hand.beolts for
7 the 2000, 2002, and 2005 attached as Ex. 1-D, Ex 1—E, and 1-F.
8 10. Finally, I ani infonned and believe that Client Managers tln-oughcnl the
United States were required to execute substantially the same type of
9 employment and confidentiality agreements.
10 I dcclam undw PHHRY U’fP€ElUJT_Y thai tilt? Hb0'V€= Statements are true.
ll October 5, 2005.
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