Free Response in Opposition to Motion - District Court of Arizona - Arizona

Case 2:03-cv-01408-DGC Document 87-2 Filed 08/31/2005 Page10f4 .

CONDENSED TRANSCRIPT OF JOHN MCKEE MCCALL - 9/1/2004 *
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rn rea uwrrso srnrss DISTRICT cousr 1 rue DEPOSITION or Joni: mores uocnm., III E
EUR THE DISTRICT OF ARIZONA 2 was taken on September 1, 2004, commencing at
3 11:19 a.m., at the Law Offices of MONTOYA JIMENEZ,
Beth D'Aguanno and Frankie Tyree, 1 4 P.A., The Great American Tower, 3200 North Central
1 uacvosieospuxoso _ _ _
Plaintiffs, I 5 Avenue, Suite 2550, Phoenix, Arizona, before Donna
vs. i 6 DeLaVina, a Certified Court Reporter in the State of
1
American Builders s Contractors 1 I Arizona.
Supply Co., Inc., doing business )
as ABC Supply Company, Inc., ) 8 * * * * * *
1
Defendant. 1 9
1
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The Great American Tower
Phoenix, Arigggi 14 g20€ Ngggg Central Avenue
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Ep I1:g0 a.m. 15 Pgoegix, Arizona 85012
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One Columbus Plaza -
20 3636 NOICI'1 Central Avenue
Suite 1200 _
21 Phoenix, Arizona 85012
[corr; 22 sr; Jason M. vsworrrr _
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350 East Virginia
Suite iso 24 Arso pnrsswr; ;
_» ‘ Prepared by: Phoenix, Arizona 85004 5
"""" Donna DeLaVina, RPR, CCR 50468 (602) 230-5454 25 Frankie Tyree }
1 I N D E X 1 Phoenix, Rrizona
2 WRNSSS. are Seeeereber li 2004
3 SIS MSKSS MSSAS., 0 040 ee-
4 Examination by Mr. Montoya 4 3 I g
5 Examination by Mr. Venditti 64 4 _ JOHN MCKEE MCCALQI II ' _ i
_ _ 5 called as a witness herein, having been first duly 2
6 Further Examination by Mr. Montoya B3 , , _ ;
_ _ _ _ 6 sworn by the Certified Court Reporter, was examined
7 Further Examination by Mr. Venditti 95 . . g
1 and testified as follows: y
2 e
9 EXRMINRTION
10 10 BY MR. RONTOYR:
ll 11 Q. Good morning, sir.
12 E X H I B I T S 12 R. Good morning.
is sxsrsrr ossosrsrron PAGE 13 Q_ Thanks for mmj_ng_ i
1** (NO SXRMRS WMS ‘“"‘°°°‘·’ 14 Would you please state your full name `
15 15 for the record. A
16 16 R. John McKee McCall the Third. .
I
10 11 Q. Sir, how old are you'?
19 18 R. How old do 1 look?
is 19 Q. Late 30s? _
zo 20 R. God bless you. 45. ·
zi 21 We were just talking about that. ?
zz 22 . What is our rofessioual address?
P .
23 23 R. 101 South Beverly, Mesa, Rrizona. E
2., 24 Q. Where do you work? 2
25 2.5 R. 101 South Beverly, RBC Supply. ‘
DONNA DELAVINA REPORTING — 602 . 230 . 5454 .
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CONDENSED TRANSCRIPT OF JOHN MCKEE MCCALL — 9/ 1/2004
45 47 -
1 Q. She pronounces it Indgjer as in injury? 1 A. A lot, 20, 30 times maybe. T
2 A. lndgjer. 2 Q. And you've only worked for ABC two
3 Q. Yes, I‘ve met her. 3 years?
4 A. And she said that my employees would be 4 A. Summer of 2002.
5 participating in a lawsuit, they would be deposed, 5 Q. So almost two years?
6 they would have to be available and that 1 needed to 6 A. Yeah.
1 be aware of that. T Q. Sc almost 20 times.
8 Q. Did you ask any questions? 8 Did you have to do that a lot at
9 A. 1 think at the time my concern was how 9 Cameron Ashley?
10 many, who’s got to go, how much time. l was mostly 10 A. No, not as much, not as much.
11 concerned about how it was going to impact the 11 Occasionally you have to go out and say something. .
l2 management of the branch. 12 Q. But not as much? I
13 Q. Did you know that you were going to be 13 A. Not as much. it depended on the ;
14 identified as a witness in this lawsuit? 14 individual. ·
15 A. At the time, no. 15 Q. You know somebody testified, I believe
16 Q. When did you learn you were going to he 16 in one of these depositions, that you really cleaned
11 identified as witness in this lawsuit? 17 up enployee behavior at ABC Supply and that you have P
18 A. You know, l don‘t know. 1t's just been 18 very high standards of employee conduct. ‘
19 recently, a couple of weeks ago. 19 Do you believe that's true? _
20 Q. What have you done, sir, at your ASC 20 MA. VWWDITTI: Object to the form. ;
21 branch to prevent sexual harassment? 21 THE WITNESS: Well, l don’t know. We try to
22 A. Well, that's a constant challenge. l 22 run a clean shop where everybody can feel comfortable.
23 would tell you that the branch manager sets the tone 23 There doesn't need to be a lot of vulgarity. There E
24 for that. ln some cases the issues come up and 24 doesn't need to be a lot of dirty jokes for everybody
25 they're generated by customers. Somebody comes in, 25 to have a good day.
is is
1 one of our better customers comes in and wants to tell 1 Q. BY MR. MONTOYA: Well, let's talk about
2 a joke that he feels is really funny and it's 2 that. When you were the manage: at Cameron Ashley,
3 inappropriate for the workplace and have you to go out 3 Mr. Mccall?
4 and have an arm-around—man conversation with that 4 A. Yeah.
5 individual and say, "We don't do that here. You 5 Q. Did you tolerate your employees using
6 cannot come in here and tell those kind of jokes.“ 6 profanity at work?
1 Q. Have you had to do that at ABC Supply? T A. No. Wo. lt's the same challenge in
8 A. l have. 8 any branch where you're servicing roofing contractors.
9 Q. You said an "arm-around-man" so this 9 The roofing contractors are a fairly rough group of
18 like basically a male —- 10 people. And it can be a challenge to deal with them
11 A. Well, it's generally that -— 11 and it can be a challenge to deal with the employees
12 Q. Tell ne what you nean by that. I don't 12 who deal with them. l've had to have the same
13 want to put words in your mouth. 13 conversation with employees where l say, "Hey, that's
14 A. Well, you don't want to be intimidating 14 not appropriate. You can‘t do that here." You may A
15 with the customer and drive them away, but at the same 15 have thought it was funny but, you know, somebody else T
16 time, they have to understand that behavior is 16 overhears it or it makes them uncomfortable, it wasn‘t
11 unacceptable in the workplace. l want you to keep ll funny. .
18 coming here. l want you to keep buying from me, but 18 Q. When you became the manager of ABC
19 you can‘t talk that way when you come in here. That 19 Supply, did you try to impose your opinions regarding g
20 may be a very funny joke to you, but you may be making 20 professionalism in the workplace at ABC Supply?
21 other people uncomfortable. 21 A. Yes. i
22 Q. How many times have you had to do that 22 Q. What did you do to do that, sir? i
23 at ABC supply? 23 A. Well, it's the same thing. You know,
24 A. 1 would have to -— l have no idea. 24 when we brought those two groups of people together,
25 Q. A lot? 25 it was interesting, first off, to note that the ABC
DONNA DELAVINA REPORTING - 602 . 230 . 5454 Z
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CONDENSED TRANSCRIPT OF JOHN MCKEE MCCALL — 9/ I/2004
49 5I =
I employees were far more comfortable with being vulgar I that here." "
2 and being rough, saying things that I thought were 2 Q. And what did they say?
3 inappropriate. So the first step was to get the 3 A. Well, at first I think they thought I -
4 employees to stop behaving that way. 4 was just joking. I think they thought it was just a
5 Q. What were they saying that you thought 5 game, but I told them it wasn't a game. That's going
6 was inappropriate? 6 to be how we're going to run the branch.
I A. Well, the constant use of the "F" word, I Q. Did you punish anybody or was a warning _
8 the constant, you know, talked back and forth in ways 8 enough?
9 that I thought weren‘t appropriate. 9 A. I never had to do anything other than
IU Q. Were they talking about women —- I0 give verbal warnings. Just saying to people, "That‘s
II A. About women, about sex, about anything II not how we're going to behave." Z
I2 and, hey, hey, that's just not going to happen here. I2 Q. Bow many people did you have to warn, g
I3 And part of the problem was the customers were almost I3 to the best of your recollection? I
I4 worse than the employees and getting them -- I4 A. Well, you know, I really don't remember
I5 influencing them is harder than influencing the I5 how many. _
I6 employees. I6 Q- WHS it 6 ht'? p
II Q. Because the customer is always right? II A. It was a fair portion of the folks.
I0 A. Sure. You know, what are you going to IB Q. And was it the ABC group or the Cameron l
I9 say? Well, eventually you have to say, you've got to I9 Ashley group?
20 stop doing that or you've got to find some place else 20 A. Wo, it was the ABC group. The Cameron _
2I to buy your stuff. It's not a conversation you want 2I folks had pretty much become accustomed to that with
22 to have. But it was unique. I thought that the 22 me. I
23 employees had —- that came to us were more vulgar and 23 Q. Because you had been already been their ,
24 felt more comfortable with that kind of stuff that I 24 supervisor?
25 certainly didn’t think anybody else would. 25 A. I had been there for three years before
° ‘-.. . 50 52
I Q. Do you know a lady named Nora Bernal? I we merged.
2 A. Yes, I do. 2 Q. Did the ABC group learn eventually?
3 Q. She's one of your employees, right? 3 A. Yes, yes. But, again, It's something
4 A. Yes. 4 that you*re challenged with every day.
5 Q. Would it surprise you to learn that she 5 Q. Because of the nature of the
6 said that when you cane on board you cleaned up 6 environment?
I everybody*s act? I A. The nature of the environment, nature
8 A. I guess it wouIdn‘t surprise ne, no. 8 of human beings.
9 Q. Would it surprise you to learn that she 9 Q. Have you ever had to discipline an ABC
I0 said that you raised professional standards and would I0 enployee since your arrival as manager there for
II not tolerate the unprofessionalism that was rampant in II talking inappropriately about sex at work?
I2 the workplace before your arrival? I2 A. No. Wo.
I3 A. That wouldn't surprise me. I3 Q. Have you conducted any workshops on it
I4 Q. You*re a pretty fastidious type of man, I4 or has it all been informal?
I5 aren*t you? I5 A. No, I have not.
I6 A. I don't know how you define that. I6 Q. A lot of this is conmon sense, right? _
II Q. You seem like you*re a pretty II A. Catch it when it happens, say something .
IB disciplined guy? I8 about it.
I9 A. I attempt to be. I9 Q. And I think it’s kind of what you meant
20 Q. When you heard employees at ABC Supply 20 when you said "Management 101,** it*s a conmon sense
2I talking about sex or talking about women or using 2`I type of thing that you can deal with this informally
22 profanity, what did you do to make them stop? 22 as long as you*re direct and persistent, right?
. 23 A. Well, I would go to the situation 23 A. Yes. If it had become something that _
24 immediately and whoever was involved in it, I would 24 could not be effected that way, I wonldn't have T
25 say "We‘re not going to talk that way. We can't have 25 hesitated to write somebody up.
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