Conrad Johnson Deposition, (Part 1of 4) USPS

don't you know if you don't fully understand an answer please a question please say so do you understand that yes sir did you drive to work this morning yes sir did you drive from the plant to this office yes sir okay so when you medication you're on today doesn't affect your abilities to drive no it should did you do anything to prepare for today's deposition we mean to do anything is in this morning any preparation did you review any documents yes what did you review I reviewed my leave book for the last week for this deposition yeah any other documentary review not that not that I couldn't call it the stuff you talked to anybody about today's deposition I talked to my manager let him know I was leaving the building because I had a deposition and I have a young man that drove down Whitney who knew I was coming to a deposition did you talk to agency counsel about today's deposition agency counsel you mean tomorrow Dana yeah I talked to him about them to somebody did you talk to agency counsel about any questions that you may be asked at today's deposition just ammonia no any time did you talk to the agent accounts about any questions that you may be acts at today's deposition I'm sorry I don't fully understand your question did you discuss with mr. Morris the agency's counsel any questions that you may be asked at today's deposition you say that today's deposition I really understand your question no did you talk to mr. Marsh yesterday yes about today's deposition yes did he discuss with you any questions that you might be ex no he did not know what question if you want any possible answers no did you supply all the emails regarding the CEO to agency counsel that I'm aware of that I have yes what's your title manager of maintenance operations Tampa P & DC tour - who's your employer United States Postal Service when did you first start at the Postal Service in May of 2008 he may have 2000 what jaw position did you hold I was a maintenance mechanic when did you become a maintenance supervisor I'd think 2004 I would have checked my records I don't know up top of my head when you become a maintenance manager 2008 do you have any degrees from an accredited college or university no do you require your supervisor to submit employee schedules to you before being publicly posted I do it this time do you initial these schedules I do it this time do you make changes as your to schedules your supervisors present to you no have you ever made any changes to schedules as a manager prior to the schedules being posted no I submit anything that is out of the ordinary or that is wrong I have two supervisors review them I do not make changes I point out errors to them is it normal for a supervisor to bring employees in on their day off without getting your approval yes would you consider yourself a hands-on manager I would think so yes Kirk Kostich you're seeing your electronic technician I believe he is he's told me he is were you ever a supervisor was I have a curt supervisor were you ever missed a toss to just supervisor I don't know if I have any tees under me but he may have been well you're his manager between January 1st 2011 and October 14 2000 Levin I was the manager of the department he's in yes are you aware of any disciplinary problems for attendance during the 26 years mr. Tacitus work mr. Tacitus has worked for the Postal Service I am aware of attendance issues in the last year before then no so prior to that 26 years and not one documented case of discipline for attendance for mr. Tosca's it's not that I'm aware of okay mr. Johnson I'm going to read to you your affidavit Roi page 223 question 14 you can open the ROI right there which is in front of you page 223 are you there I believe so okay question number 14 this is from Linda Jones EEO investigated to you were you made aware that the complainants medical information was unsecured and in plain view on the desk of former employee supervisor John Steele if yes how did you become aware can you please read to me your answer in its entirety I miss this hostage came to see me and bought his medical documentation which he claimed was left on former supervisor John stills deaths mr. Costas was upset about it and at that time I asked him why mr. still had his medical documentation since mr. Steele was not his supervisor mr. Costas said he gave the documentation to supervisor still I went to mr. Stiles office and questioning him about the documentation supervisor still assured me that this documentation was something that mr. Costas placed on his desk supervisor still said he did not realize it was only his desk and it was under other papers and he removed the papers at that time mr. Steele admitted to me he made in paper I'm sorry he made an error and corrected the error the day I talked to him I gave him the lecture that medical documentation should be under lock and key or sent to the medical unit can you go to ROI page 47 please zero zero zero four seven okay please read the first four sentences of the second paragraph starting with on September 6 2011 on September 6 2011 Conrad Johnson manager of maintenance operation responded to console ease of allegations by stating constantly informed him that his medical documentation was left on the deaths by misters by supervisor John still mr. Johnson informed counsel Lee he would speak with the supervisor mr. Johnson stated that he was unable to speak to supervisor still because he abruptly retired mr. johnson stated constantly has been out of an extended period of time and second paragraph that's it so in November 30 2011 in your affidavit you remember all that detail I don't rule in stand you'll question they can refer back to page 223 of the ROI okay which is almost six months after the incident that that page is dated correct okay date on that page the date on this page is 11:30 2011 who signed that page I did okay what is it what is it visit your affidavit yes it is your September 6 2011 response to patty Middleton is different than you November 30th 2011 response is that correct yes it is it was your September 2nd 2011 statement regarding this incident false no my statement wasn't false maybe Patti wrote down something different from what I told that are you aware the May 17 2011 medical notes never made it up to the medical unit that were on John Steele's desk no I'm not aware that do you have any idea where they might be I have no clue are you aware that you're still under oath yes I am are you aware that mr. hostage had medical restrictors on 5 for 11 you can close that ROI right now I'll repeat the question are you aware that mr. Costas had medical restrictions on 5 for 11 540 Levin that would have been me loved him correct I could not recall that are you aware that mr. Costas was sent home on five ten eleven one day after your supervisor mr. Owens be fine mr. Tosh adjust CA to workmen's comp claim again based on the data I cannot recall that based on the date are you aware that mr. Tophet filed an EEO in June of 2011 I am awareness to tossed it foul Denis oh I do not know what date he found Anil are you aware that mr. Tosh was charged AWOL in October of 2011 I'm aware he was a charged an AWOL that do not would know what date he was charged an AWOL are you aware that mr. Tacitus medical documentation was left out in the open on supervisor Steele's desk in June of 2011 I was told by must Espace digit was left out and I approached mr. still about it so I am aware but the date I am not aware after he retired mr. Steele no less but still was still a at the time do you personally have knowledge of mr. taslitz filing a grievance in the first 26 years of service but not that I'm aware okay I'm gonna give you copies of the ROI instead of you ruffling through it I'm gonna give you copies contained in the ROI of those pages okay I'm gonna give you a copy of ROI page zero zero two nine five do you remember signing a litigation hold notice for Linda Jones the EEO investigator yes I do okay please read out loud the highlighted areas on page two 9000 to 95 of document in front of you I have searched and identified all sources of information potentially potentially related to this dispute and then the next thing that's highlighted says save excuse me I have saved all material that are potentially relevant to the to this complaint including my personal notes and emails where I have found a hard copy or electronic copy of the same documents I have preserved both versions either by myself or with assistance of information technologies staff I have saved emails and any other electronic storage information and have taken steps to ensure that the files I have identified are preserved against automatic deletion have you abide by the signed document to the best of my knowledge have you segregated all the emails and documents regarding this EEO complaint and segregated them most of them that I'm aware of yes most of them that are didn't you all the ones I am aware of yes where are they down on a hard drive in my office okay did you provide copies to agency counsel I provide copies of the stuff the eggs for not sure which ones you're talking about anything contained on that hard drive that pertains to the CEO that you've saved my deposition and stuff was only yes I provided that your deposition was on there my statement my aura whatever you come email I saved it yeah emails did you provide copies to the agencies counsel the agency's counsel you're talking about the postal council mr. Harris did you provide any copies to mr. Morris agencies counsel yes okay you did emails you will you provided copies of your emails to Matt I hand that you had okay when when Jessica xform if I had them I gave them to her if I didn't give it it's because I don't have any have you saved all the emails regarding this complaint do come put this EEO complaint the ones that I have and you did supply them to the agency counsel the ones that I have did you contact someone in IT to retrieve pertinent information no why not cuz I need no I had to you signed this litigation notice dated went 11:30 2011 did you contact IT then no why not because everything I had I thought was all I needed do you remember an email that you sent to mr. Casas on June 3rd 2011 do I remember it no I was told there was one I searched for I didn't know did you get with IT to maybe retrieve that email no I did not why not didn't like the bar you signed this letter the litigation hold note stated at 11:30 2011 stating you would okay why didn't you because I didn't I didn't did any representative the agency inform you that you are no longer required to save these documents no okay who you will buy by the litigation hold notice if you suspect the emails are missing yes sir what will you get with the local IT department to retrieve these documents I don't know I have to you so will you do that today if that's what I'm being instructed to do yes we formally request the local IT to help you ascertain if the June 3rd 2011 specific email from you to miss the tastic as stipulated in the litigation hold notes can be retrieved yes are you aware of the agency's response to complaints admission of fact number 26 it states mr. Johnson does not have a copy of the email he does not recall this specific email no don't is it possible he wrote an email of mr. Tasha June 3rd 2011 I do not know so you will formally request a look like tea to help you retrieve all the emails pertaining to Z he'll let me finish the question before your answer she cannot take two people talking at once so you will formally request local IT to help you retrieve all the emails pertaining to the CEO case is stipulated in the litigation hold notice yes this was supposed to be done November 30th 2011 do you understand that I understand that so you will copy Mr Morrison all correspondence with your local IT who's miss Mars mr. Stancil yes will you copy me at my USPS gov email also I would prefer you get it from him did the agency representative request any segregated documents from you segregated documents on that show Jackson what did you save any documents the only thing I saved was the deposition statements and the items that I was told anything that had to do with mr. Kostich to put in a separate file included including emails correct include any mouse okay when did you supply them to the agency's council I don't know the exact date I don't know dates I represent to you that everything that he had that was responsive to your discovery request was provided to me during the period in which we were responding to your requests your response no emails were received in your answers to the production of documents that's correct but you do have emails segregated correct you say emails I don't I don't know if I have emails if there were emails they're separated and it's segregated under courtesy okay what's on the power I do not know because I did not review the file today who saved the files I have moved them to that location okay you got again you just you're going to request look like to help to retrieve any missing files okay for the record Drac D RAC is an acronym for district reasonable accommodation committee a wall a wol is an acronym for absent without leave a letter of warning low:11 him for a letter of warning did you personally contact the Drac of mr toss news behalf on the following dates mr. Johnson yes or no to the following I'm gonna actually eight dates on five for 11 when he brought in a doctor's note regarding his hearing loss did you personally contact the Drac I'm mr. Tommy had on five ten eleven when he was sent home for a week because of medical restrictions handed in a 5 for 11 did you personally contact the traq on mr. Tasha his behalf no I did not on 5:17 11 when he returned to work with new medical restrictions did you contact the Drac on mr. Tosh news behalf not that I'm aware of on 527 11 when he wrote an email to your supervisor Steve Owens be regarded concerned about his medical restrictions did you contact the Drac of mr. Tosca's behalf not that I'm aware of on six 311 when he wrote an email to you about his medical restrictions did you contact the traq of mr. sausages behalf not that I'm aware of on six three eleven when you responded in an email to miss the tossed it's concerning his medical restrictions did you contact the Drac of mr. Tosca jizz behalf not that I'm aware of on six ten eleven when you got back from the noise level test you got back the noise level test results from the safety specialist did you contact the Drakon mister tasha jizz behalf not that i'm aware on six thirteen eleven when mister tossed is presented to management with updated medical restrictions their pages did you contact the Drakon mr. Tosca's behalf not that mr. Johnson I'm gonna give you pages 246 and 2:47 of the ROI so you don't have to ship ruffle through it looking at page 247 tell me the date supervisor owns be signed missed attached to his workman's comp claim for his hearing loss his loss of hearing I have 911 okay the day after supervisor Owens beside mr. Tosca's workman's comp claim see a 2 in front of you he was sent home correct on 5 10 2011 not I'm not aware I'm I don't remember dates 39 71 I'd like to enter him into exhibits exhibit number one it's a 39 71 signed by mr. tossed äj-- mr. Johnson what is the postal form 39 71 and to leave flow inform request for notification of absence mr. Johnson what type of absence is indicated on this leave form sick leave what is listed what is listed next to other sent home it's your best estimate how long was Owens to be a supervisor in May 2011 how long had mr. Owens be been a supervisor in May of 2011 again I don't know that they did much going to be started a supervision at this time were you personally instructed mr. Owens being the proper procedure to send him home let me rephrase at this time will you personally instructed mr. Owens be to send mr. Tosh dudes home on 5 10 2011 I don't know if I instructed gave mr. Ormsby guidance or not if he asks me about how something works I may have but I didn't personally instruct him go send curtilage home well that's what you say were you aware of medical documentation restrict containing restrictions for mr. Klosters at that time I was aware of mr. Costas bringing in some medical documentation that put him on a restriction yes did you instruct mr. Owens be your supervisor to do anything with mr. taslitz concerning his medical professions what did I instructed mr. Owens be to talk to mr. Costas let him know what his medical restrictions say it and ax him to either a half his not the validate what he's saying there or be get it released from there saying he could do his job because the restriction said something Oren's be said he said he couldn't do his job but there were limitations signed by a diver the doctor was so there was a doctor I haven't seen people truck so you wanted mr. Tosha take this back to his doctor and release it from the restrictions that he had know in order for mr. toss bitch to be able to work mr. toss bitch told mr. Oren's be the only thing my document is for it's for my hearing mr. Ormsby explained to mr. tastic you can't give me a form and only expect me to look at one area the bottom area says that you have these limitations do you or do you not have these limitations and whatever the limitations workers I don't know where they are war on the top of my head okay whatever those limitations were he questioned whether or not he could do his job with those type of limitations and told him that if he could then his doctor needed to say that so at this time you did know he had hearing restrictions here in restrictions yes that's 5 11 5 10 2011 correct okay okay at this point in time knowing that he had hearing restrictions on 510 2011 did you contact the traq on mr. Tosh in his behalf no why would I can't take the drink on 5 10 2011 you were aware he had restrictions correct I was aware that he was following fouling for any restriction through injury comp from that was filed on 5 and 9 signed by mr. Owens B 2011 correct in May of 2011 an estimate as to how long mr. Owens be was a supervisor under you period of time in months can you answer that I think maybe five months or six months let me give you a page two zero zero two two five over the ROI please read your response to question number 21 in your affidavit yes he gave me miss he gave it to mr. Ormsby who was a new supervisor and unsure of what to do what a CA to I advised supervisor orange B to forward it to injury compensation supervisor orange we was concerned about the physical limitations listed on the plan attached CA to I advised him to discuss with mr. toss bitch the physical restrictions that were on the doctor's note attached to the CA to supervisor Hornsby said that mr. toss ditch told him he was not falling for those restrictions I told supervisor Hornsby to tell mr. tastic that he needed his data to give him a clearance to work so there was a question that mr. Tosh's might have wished

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Keywords: conrad johnson, usps, us postal service, oral deposition, reasonable accommodation, handbook, eeo, eeoc, handbook-307, publication 317, dummies

Id: v6EtGLBIzmE

Length: 26min 41sec (1601 seconds)

Published: Tue May 08 2012