1              IN THE UNITED STATES DISTRICT COURT
 2                NORTHERN DISTRICT OF CALIFORNIA
 3                           --- o0o ---
 4
 5    RANDOLPH A. OLSON,          )
                                  )
 6                   Plaintiff,   )
                                  )
 7         vs.                    )    No. C 99-0970 CW
                                  )
 8    TEAMSTERS LOCAL 70 and      )
      UNITED PARCEL SERVICE,      )
 9                                )
                     Defendants.  )
10                                )
11
12
13
14
15
16                   DEPOSITION OF MARQUEL PEA
17                          May 2, 2000
18
19
20
21
22
23
      Reported by:
24
      JOAN T. GRIER, CSR
25    Certificate No. 8958
0001
 1                           I N D E X
 2                                                   PAGE(S)
 3    WITNESS:  MARQUEL PEA
 4    EXAMINATION BY:
 5    Mr. Franklin . . . . . . . . . . . . . . . .      5
 6    Mr. Katzenbach. . . . . . . . . . . . . . .     102
 7    Ms. Sexton. . . . . . . . . . . . . . . ..      110
 8    FURTHER EXAMINATION BY:
 9    Mr. Franklin. . . . . . . . . . . . . . . .     109
10    Mr. Katzenbach. . . . . . . . . . . . . .       111
11    DEFENDANTS' EXHIBITS
12         197  Two-page document containing undated   12
13              letter to Daniel Clinton and Kurt A.
14              Franklin from Marquel Pea with
15              attached copy of envelope
16         198  One-page document entitled "Charge     19
17              of Discrimination"
18         199  One-page handwritten letter, dated     82
19              1/21/00, to Latecia Hernandez from
20              Marquel L. Pea
21         200  One-page undated letter to Kenny       83
22              Bolton from Marquel Pea
23         201  One-page document entitled "Read       85
24              A Message"
25    //
0002
 1    DEFENDANTS' EXHIBITS (Continued)
 2         202  One-page undated letter to Mike        89
 3              Kamienski from Marquel L. Pea
 4         203  Ten-page document headed               91
 5              "3. Identify the employment..."
 6    PLAINTIFF'S EXHIBITS
 7         204  One-page letter, dated October 1,     106
 8              1999, to Marquel Pea from Marty
 9              Frates"
10         205  One-page letter, dated October 19,    107
11              1999, to Marquel Pea from David
12              A. Rosenfeld
13                         --- oOo ---
14
15
16
17
18
19
20
21
22
23
24
25
0003
 1              BE IT REMEMBERED that, pursuant to Subpoena,
 2    and on Tuesday, the 2nd day of May, 2000, commencing
 3    at the hour of 2:40 o'clock p.m. thereof, in the
 4    offices of Hanson, Bridgett, Marcus, Vlahos & Rudy,
 5    333 Market Street, 23rd Floor, San Francisco,
 6    California, before me, JOAN T. GRIER, a Certified
 7    Shorthand Reporter, Certificate No. 8958, in and for
 8    the State of California, there personally appeared,
 9                        MARQUEL PEA,
10    called as a witness herein, who, being by me first
11    duly sworn to tell the truth, the whole truth and
12    nothing but the truth, was thereupon examined and
13    testified as is hereinafter set forth.
14                         --- o0o ---
15             KATZENBACH AND KHTIKIAN, 1714 Stockton
16    Street, Suite 300, San Francisco, California
17    94133-2930, represented by Christopher W. Katzenbach,
18    Esquire, appeared as counsel on behalf of the
19    Plaintiff.
20             HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY,
21    333 Market Street, 23rd Floor, San Francisco,
22    California 94105-2173 Kurt A. Franklin, Esquire,
23    appeared as counsel on behalf of the Defendant UPS;
24    and
25             BEESON, TAYER & BODINE, 235 Pine Street,
0004
 1    Suite 1200, San Francisco, California 94104-2733,
 2    represented by Sheila K. Sexton, Esquire, appeared as
 3    counsel on behalf of Union Local 70.
 4             ALSO PRESENT:  Randy Olson
 5                            Kim Muniz
 6                            Dorothy Liu, Esquire,
 7                             as indicated.
 8                         --- o0o ---
 9                 EXAMINATION BY MR. FRANKLIN:
10              MR. FRANKLIN:  Q.  Mr. Pea, can you state
11    your full name for the court reporter, please.
12         A.   Marquel Pea.
13         Q.   And you understand that you're not a party
14    to this litigation here today?
15         A.   Can you elaborate?  What do you mean by
16    that?
17         Q.   Do you have an attorney here today
18    representing you?
19         A.   No, not for this case.
20         Q.   Is there an attorney representing you in
21    another matter against UPS?
22         A.   Workers' comp.
23         Q.   Okay.  And that attorney is?
24         A.   Frank Russo's office.
25         Q.   Mr. Russo?
0005
 1         A.   Yes.
 2         Q.   Have you ever had your deposition taken
 3    before?
 4         A.   No.
 5         Q.   Because you've never had your deposition
 6    taken, I'm going to try to give you a few of the
 7    ground rules on a deposition.  If you have any
 8    questions as I go through it, go ahead and ask me.
 9              You've been placed under oath.  The oath is
10    just like the oath you would take before a judge and a
11    jury.  Do you understand that?
12         A.   Yes.
13         Q.   You're expected to tell the truth.
14         A.   Yes.
15         Q.   The court reporter is taking down everything
16    we say, so it's important for us not to speak at the
17    same time.  And if we're both speaking at the same
18    time, she's going to have difficulty typing both
19    things in.  So let me ask the question, you respond.
20    I'll try not to interrupt you.  That way we can get
21    everything down on the record.  Do you understand
22    that?
23         A.   Yes.
24         Q.   Another thing you should keep in mind, too,
25    is because this is all being transposed into written
0006
 1    form, you need to answer in an audible voice.  Try to
 2    keep your voice up.  Sometimes people, their voice
 3    will trail off.  Try to keep it up if you can.
 4              Also, if an answer requires a yes or a no,
 5    and I'll try to remind you to do this, but sometimes
 6    people shake their heads.  That's natural in
 7    conversation, but shaking your head yes or no doesn't
 8    come up on a transcript.  So try to remember yes or
 9    no.  Um-hmm will do the same thing.  If you can
10    remember to say "yes" or "no," it's natural when
11    people speak.  If you're not used to be deposed, that
12    will happen.
13              Throughout the deposition here today, you
14    may believe there are valid objections to some of my
15    questions.  If this is the case, please state your
16    objections so it can be taken down for the record.
17    But please be advised that your refusal to answer a
18    question must be based on two things:  Attorney-client
19    privilege or attorney work product.  In most certain
20    instances you'll be required to answer the question,
21    but you can put an objection down and you can go ahead
22    and answer it.  Do you understand that?
23         A.   Somewhat.
24         Q.   At the end of the deposition, the court
25    reporter is going to transcribe everything that's been
0007
 1    said here today and place the testimony in a booklet
 2    form.  And that's going to be made available to you.
 3    It usually takes a few weeks and then you're allowed
 4    to look at what's been transcribed in booklet form.
 5    And you have a chance to review it to make sure
 6    everything you said is accurate.
 7              If you choose to make any changes,
 8    modifications or additions to your deposition
 9    testimony, I must warn you that the attorneys at trial
10    are able to comment on those changes, modifications,
11    or additions to your testimony at the time of trial,
12    and if you are asked a similar question and you give a
13    different answer from what you've given here today, an
14    attorney will be able to comment on that.  Do you
15    understand that?
16         A.   Yes.
17         Q.   Last, at the end of your review of the
18    deposition transcript, you'll be asked to sign your
19    deposition transcript under penalty of perjury that
20    the testimony you've given here is true and correct.
21    Do you understand?
22         A.   Can you repeat that?
23         Q.   After you have the chance to look at the
24    deposition transcript, we're going to ask you to sign
25    under penalty of perjury that it's true and correct.
0008
 1    Do you understand that?  Just similar to the oath that
 2    you took here this morning.
 3         A.   Yeah, I understand that.
 4         Q.   If you fail to sign your deposition within
 5    30 days after the court reporter makes the transcript
 6    available to you, your deposition will be deemed to be
 7    final and you're not allowed to make any changes to
 8    your transcript.  What's going to happen is the court
 9    reporter is going to send you a letter with the
10    transcript and it will tell you what the procedure is
11    on that.
12              Is there anything related to your health
13    today that would interfere with your ability to
14    testify truthfully?
15         A.   No.
16         Q.   Have you taken any drugs or medications
17    today that would make it difficult for you to tell the
18    truth or remember?
19         A.   No.
20         Q.   Okay.  If at any time during the deposition
21    you feel that you need to take a break, please ask me
22    and we'll ask for a break on the record and we'll take
23    a break.  It's not a test of endurance.  If you are
24    light-headed or you need to take a drink of water, use
25    the restroom, let me know.
0009
 1              One thing I do ask, though, we're going to
 2    take breaks after you've answered a question.  We're
 3    not going to take breaks in the middle of a question
 4    pending.  So if there's a question, I'm going to ask
 5    that you answer the question.  And then if you need to
 6    take a break before I ask another question, we can go
 7    ahead and take a break.
 8              Did you review any documents in preparation
 9    for today's testimony?
10         A.   Not last night, no.  I didn't review
11    anything.
12         Q.   How about in the last couple of weeks?  Did
13    you read anything to prepare for today?
14         A.   No.
15         Q.   Did you discuss or communicate with anyone
16    in preparation for your testimony?  Did you talk to
17    Mr. Olson or Mr. Katzenbach?
18         A.   No.
19         Q.   Mr. Pea, what's your home address?
20         A.   1351 107th Avenue, Oakland, California
21    94603.
22         Q.   How long have you lived there?
23         A.   Altogether?
24         Q.   I guess.  There seems to have been some
25    confusion on your address, and I'm just trying to
0010
 1    clarify that.  Sounds like you may have lived there a
 2    couple of times.  I don't know.  The most recent
 3    period when did you live at this 107th Avenue?
 4         A.   January.
 5         Q.   January of this year, 2000?
 6         A.   Yes.
 7         Q.   Have you lived at any other address?  Where
 8    did you live prior to that?
 9         A.   39 Sunset Drive.
10         Q.   How long did you live at Sunset Drive?
11         A.   About two to three years, I think.
12         Q.   And what city is Sunset Drive?
13         A.   Antioch, California.
14         Q.   How about prior to the Sunset Drive?  Did
15    you live anywhere else?
16         A.   2921 Mary Ann Lane, Apartment 151.
17         Q.   Did you update your address with UPS at any
18    time?  Did you send in a form notifying them that you
19    changed your address?
20         A.   I can't recall.  Only thing I recall I wrote
21    letters with my address on there.
22         Q.   Sounds like maybe you've written letters
23    since then with your new address on the letterhead.
24    Is that accurate?
25         A.   You said new address?
0011
 1         Q.   With your then current address.  Is that
 2    what you're referring to?
 3         A.   Yes.
 4         Q.   Okay.  I'm going to hand you a document that
 5    we'll mark Exhibit 197.
 6                     (Whereupon, Defendants' Exhibit No.
 7                     197 was marked for identification.)
 8              MR. FRANKLIN:  Q.  Exhibit 197 is undated.
 9    It is addressed to Daniel Clinton and Kurt Franklin,
10    and it's signed by Marquel Pea with a copy to Chris
11    Katzenbach and Duane Beeson.
12              Is Exhibit 197 a document that you drafted?
13         A.   Yes.
14         Q.   In this document it looks like you talk
15    about the confusion of your address?
16         A.   It's not saying it's confusing.  It's
17    just...
18         Q.   If you look at the second sentence, it says,
19    "Some one at your law firm will have to answer to
20    this."
21              What did you mean by that?
22         A.   I just -- I just find it quite strange that
23    I get letters from 39 Sunset Drive, Apartment 151 to
24    Mary Ann.  They send all my letters all over the
25    place, and I can't figure out why.  So this appears to
0012
 1    me that Ron Dodge, he was part of human resources.  He
 2    knew where I lived at.  In fact, he called me.
 3         Q.   And you're saying Mr. Dodge knew that you
 4    had moved to 107th Avenue as of January of this year?
 5         A.   Yes.
 6         Q.   You believe that to be true.
 7              And the third sentence seems -- it says,
 8    "I'am going to forward this concern to the Bar
 9    Association and to the presiding Judge who is handling
10    Randy's Federal Court case."
11              What did you mean by that?  What was your
12    concern?
13         A.   My concern is why was this sent to this
14    address, and why can't I receive all of my mail at my
15    current address?  I just believe that was to me, for
16    my opinion, was done intentionally.
17         Q.   Was there any other concern that you had
18    about it?  When you say it's my concern, was there
19    anything else other than the address that you were
20    concerned about?
21         A.   I can't think of it right now.
22         Q.   And the second to last sentence says, "In my
23    opinion, this type of conduct is out of character with
24    the position you hold."  What was out of character?
25    Is that to Mr. Clinton or to me?
0013
 1         A.   Well, to --
 2         Q.   To UPS?  I don't know.  I'm trying to
 3    understand it.
 4         A.   My perception of attorney is that -- I mean,
 5    if people are really sincere about me coming here and
 6    testifying, they would at least try to research, or
 7    either ask human resource where my current address is
 8    at.  What if I didn't get the subpoena?  What would
 9    happen to me then?
10         Q.   And do you know who lives at the 2921 Mary
11    Ann Lane address now?
12         A.   No, I don't.
13         Q.   You vacated that.  Now you're at your new
14    address at 107th Avenue?
15         A.   That's correct.
16         Q.   And then the last sentence you reference
17    Randy Olson's legal fund.  Are you familiar with
18    Randy's legal fund?
19         A.   I'm not familiar with it, but I know this
20    type of stuff is very expensive, and for him to try to
21    finance this is -- he needs help.
22         Q.   Was it -- I don't always hear accurately.
23    You are familiar with it, or you're not familiar with
24    it.  I didn't hear.
25         A.   Well, familiar with it -- not really.
0014
 1         Q.   Do you know who runs Randy Olson's legal
 2    fund?
 3         A.   No.
 4         Q.   Have you ever made any contributions to
 5    Randy Olson's legal fund?
 6         A.   No, but I helped out some of the workers.
 7         Q.   With the legal funds?
 8         A.   No.
 9         Q.   Some other ways within the litigation?
10         A.   No.  This being moral support.  Just
11    concerning him, that everything will be okay.
12         Q.   Sounds like you're a friend of Randy's.  Is
13    that accurate?
14         A.   At this time, yes.
15         Q.   Mr. Pea, do you have any computer skills or
16    training?
17         A.   Computer skills.  I can type.
18         Q.   Do you own a computer?
19         A.   Yeah.
20         Q.   Was this done on your computer?  I'm
21    referring to Exhibit 197.  Or did Mr. Engel help you
22    craft that?
23         A.   That was done on my computer.
24         Q.   Did Mr. Engel help you write this?
25         A.   No.
0015
 1         Q.   And you're currently employed by UPS.  Is
 2    that accurate?
 3         A.   What's that?
 4         Q.   You're currently employed at UPS?
 5         A.   Currently employed.  I'm on injury.
 6         Q.   So you're on a leave right now?
 7         A.   If that's what you call it.  I guess.
 8         Q.   I'm not trying to trick you.  It sounds like
 9    you're on workers' compensation leave.  Were you
10    injured at work?
11         A.   Yes.
12         Q.   And you're on a leave related to that
13    injury?
14         A.   I wouldn't call it a leave.
15         Q.   You're not showing up to work every day?
16         A.   No.  Due to my injury.
17         Q.   And what do you do for UPS?
18         A.   I'm a package car driver.
19         Q.   And how long have you been a package car
20    driver?
21         A.   Roughly, I think, about three years, three
22    to four years.
23         Q.   Around 1997?
24         A.   Yes.
25         Q.   And prior to being a package car driver, you
0016
 1    were a sorter.  Is that accurate?  I may not get the
 2    terminology exactly right.
 3         A.   Yes, I was a sorter.  First I was a loader.
 4    Then I became a box line sorter.
 5         Q.   And you started with UPS in '89?
 6         A.   You did your research, didn't you?
 7         Q.   Is that accurate?
 8         A.   Yeah, that's when I started.
 9         Q.   Other than those two positions you
10    mentioned -- I guess it might have been three:
11    Sorter, a box --
12         A.   Box line sorter.
13         Q.   Box line sorter.  That's one position?
14         A.   Yes.
15         Q.   And then you had your driver position?
16         A.   Yes.
17         Q.   Other than those, have you held any other
18    job with UPS?
19         A.   I was a loader before.
20         Q.   Three.  Loader, box line loader and --
21         A.   Box line sorter.
22         Q.   Thank you for the correction.  And then a
23    package driver?
24         A.   Correct.
25         Q.   Since you because a driver in '97, what's
0017
 1    your driving record been like on the job?  Have you
 2    had any accidents?
 3         A.   Injuries?
 4         Q.   No, no.  I'm referring to vehicular
 5    accidents.  That was a good correction.  Has a truck
 6    that you've driven collided with any other vehicle or
 7    objects?
 8         A.   I can't remember.
 9         Q.   You don't remember that ever happening?
10         A.   Can't at this time, no.
11         Q.   Other than the workers' compensation claim
12    that you referenced earlier, have you filed any other
13    lawsuits or had filed on your behalf against your
14    employer, UPS?
15         A.   I won't call it a lawsuit.  A charge.
16         Q.   And I think there was a charge, DFEH or EEOC
17    charge.  Is that the charge you're referring to?
18         A.   That's correct.
19         Q.   How about a charge with the NLRB?  Any other
20    charges?
21         A.   No.
22         Q.   So it sounds like we have this DFEH or EEOC
23    charge and then a workers' compensation claim?
24         A.   That's correct.
25         Q.   I'm going to mark a document 198 which
0018
 1    states "Charge of Discrimination" at the top, and it
 2    has a received stamp, March 1st, 2000, EEOC-OLO, and
 3    it has a signature at the bottom, Marquel Pea.
 4                     (Whereupon, Defendants' Exhibit No.
 5                     198 was marked for identification.)
 6              MR. FRANKLIN:  Q.  Exhibit 198, is that a
 7    document with your signature at the bottom?
 8         A.   Yes.
 9         Q.   Is that this EEOC charge that you filed that
10    we talked about?
11         A.   Yes.
12         Q.   Who has been your main supervisor since
13    you've been a package driver?
14         A.   Since I became a package driver.  You have
15    to be specific.
16         Q.   Do you remember any of the supervisors?
17         A.   We had a supervisor, senior managers,
18    on-road sups.
19         Q.   I guess your immediate supervisor.  Is there
20    one person who you consider your immediate
21    supervisor?  Obviously, there's a chain of command
22    that bumps up, but who is right above you in
23    management?
24         A.   I had so many of them, it's hard to
25    pinpoint.  I have -- I didn't have one supervisor.
0019
 1    It's been, like, rotated.
 2         Q.   Do you remember any of their names?
 3         A.   Yeah.  I can name quite a few.  We had
 4    Darrel West -- immediate supervisor?
 5         Q.   Yeah.  Let's talk about immediate
 6    supervisor.
 7         A.   Darrel West.  You have Kevin Ontai; you have
 8    Kurt Lawrence; you have Johnny Miller.
 9         Q.   Miller with an M?
10         A.   Yes.  I can't think of all of them.
11         Q.   As of right now, anyway, it sounds like you
12    recall Darrel West, Kevin Ontai, Kurt Lawrence, and
13    Johnny Miller.  Other than those, do you recall any
14    others?
15         A.   I had a lot of supervisors.  What I'm saying
16    is it's hard for me to just think of the names out of
17    the blue.
18         Q.   Does anybody stick out for disciplining you,
19    any of those four people or anybody else?
20         A.   Does anyone stick out in terms of
21    disciplining me?
22         Q.   Ever run into any of those folks as --
23         A.   How do you determine what is discipline?
24         Q.   Have you ever been formally disciplined
25    while working at UPS?  Have you had a letter of
0020
 1    reprimand?  There are multiple types of discipline.
 2    Have you been taken out of work without pay, that type
 3    of thing?
 4         A.   I was issued a discharge letter for gross
 5    insubordination.  Gross negligence, sorry.  Excuse
 6    me.  And I was recommended to take a two-day
 7    suspension for that.
 8         Q.   And other than the discharge for gross
 9    insubordination, is there any other discipline that
10    you recall?
11         A.   You talking about throughout the duration
12    of --
13         Q.   Let's go since you've been a package driver,
14    '97 forward.
15         A.   I was issued a discharge for job
16    abandonment.
17              MS. SEXTON:  I'm sorry, you said a discharge
18    for job abandonment?
19              THE WITNESS:  Yes, or something like that.
20              MR. FRANKLIN:  Q.  And?
21         A.   And failure to follow instructions.
22         Q.   Was the failure to follow instructions, was
23    that a discharge, or was that another type of
24    discipline?
25         A.   That was discharge.
0021
 1         Q.   Three discharges.  One for gross
 2    insubordination?
 3         A.   That's correct.
 4         Q.   One for job abandonment and one for failure
 5    to follow instructions.  Is that accurate?
 6         A.   Yes.
 7         Q.   Those are all discharges do you think?
 8         A.   Yeah, at this time.
 9         Q.   Are those three discharges, can you remember
10    about when those took place?  Years?  You don't have
11    to give me months.  Do you know if it happened in
12    2000?  '99?
13         A.   I can't remember the exact dates.
14         Q.   Do you remember the year?
15         A.   2000, I believe.  In '99 I think and '97.
16    I'm not sure.
17         Q.   Can you place them within those years?
18         A.   I'm just not sure.  I mean, like I said,
19    it's hard for me to give you an exact, accurate.
20         Q.   I think there was a discipline-related
21    incident at one of your customers, Traders?
22         A.   Um-hmm.
23         Q.   Do you recall there being discipline related
24    to Traders?
25         A.   Yes.  Yes, I recall that.
0022
 1         Q.   What type of establishment is Traders?
 2         A.   It's a gun place.
 3         Q.   So they sell guns?
 4         A.   They sell weapons.
 5         Q.   Do they sell anything else?
 6         A.   They sell ammo with the weapons.
 7         Q.   And was the discipline or discharge related
 8    to that because you didn't pick up, make a pickup
 9    there?
10         A.   No.  I wouldn't say I didn't pick up.  I
11    would say that I -- I'll say that I missed a pickup.
12         Q.   Do you remember today why you missed that
13    pickup at Traders?
14         A.   Well, because I felt it was unsafe to pick
15    up weapons at night.
16         Q.   What time of day are we talking about?
17         A.   It was right after daylight savings, I
18    believe, and it was dark.
19         Q.   And did you communicate your concerns to
20    anyone at UPS?
21         A.   Yeah.  Kurt Lawrence and Kim.  Kim Muniz.
22         Q.   Did Mr. Olson have anything to do with that
23    incident at Traders?
24         A.   No.
25         Q.   Did you know that UPS had rules relating to
0023
 1    pickups when you missed that pickup at Traders?
 2         A.   Did who?
 3         Q.   I'll go back.  Does UPS have rules that
 4    you're aware of related to missed pickups?
 5         A.   Well, it all depends on the condition, I
 6    guess.  I mean, rules change all the time.  I can't
 7    keep track.
 8         Q.   Did you have a discussion with Ms. Muniz
 9    about that pickup or missed pickup at Traders?
10         A.   Yeah, we had a discussion.
11         Q.   Do you remember the substance of that
12    discussion?
13         A.   Yes, I do.
14         Q.   What do you recall?
15         A.   She said she was going to terminate me for
16    gross insubordination, whatever it was, gross
17    negligence.
18         Q.   This is that one charge we talked about,
19    gross insubordination.  That is the Traders incident?
20         A.   Industrial sabotage or some term.  And I
21    explained to her what I thought, that if you felt it
22    was unsafe to pick up something, you had the right to
23    leave the area and call the center team.  And I did
24    that.
25         Q.   Do you remember anything else about the
0024
 1    conversation?
 2         A.   Only thing I remember is that she was
 3    yelling, and I asked her a question.  That was it.
 4         Q.   What question did you ask her?
 5         A.   I asked her was she -- was she a racist.
 6         Q.   What caused you to ask that question?
 7         A.   What prompted me to ask that question?
 8         Q.   Yeah.  What facts supported you to inquire
 9    about that?
10         A.   Well, speaking from an African American
11    point of view, if someone yells at you, you're
12    thinking in your mind what you did was correct by the
13    rules of explaining.  Then they start yelling and you
14    don't understand why.  You don't understand why she
15    was doing all this yelling and screaming.  Then you
16    going to start to have to think certain things.  So it
17    would be best to ask the question before to accuse
18    someone of being a racist.
19         Q.   So you didn't necessarily believe she was a
20    racist at that point?
21         A.   Well, I asked a question.  So I can't say I
22    believed it.  If I believed it, I wouldn't ask the
23    question.
24         Q.   So you didn't believe it at that point?
25         A.   Not at that point.
0025
 1         Q.   Do you believe she's a racist today?
 2         A.   I believe that we're raised a certain way.
 3    We're taught to think certain things.
 4         Q.   Other than Ms. Muniz raising her voice, are
 5    there any other facts that would cause you to believe
 6    she's racist that you're aware of?
 7         A.   Well, the idea if I thought I was doing
 8    something good for the corporation.  The result of
 9    that, this incident that took place with the weapons.
10    And I thought it was unsafe.  I'm talking about my
11    safety.  And that same day, after we had this hour and
12    a half conversation, I do the route again.  And I have
13    to do the route.  There's still no accommodations made
14    or nothing been discussed with the safety issues about
15    picking up Traders.  So it seems like I was being
16    undermined as an employee by my safety.
17         Q.   You were concerned about your safety.  That
18    was the primary issue?
19         A.   Yes.
20         Q.   Now, sticking to this Traders incidence, did
21    you call the police and ask for an escort when that
22    happened?
23         A.   Yes.
24         Q.   Did you ever hear of that happening at UPS,
25    people asking for a police escorts?
0026
 1         A.   I talked to Kurt Lawrence.  He said he would
 2    have somebody trained, like a police officer to escort
 3    me.  So at that time I thought I was able to do that
 4    from the discussion I had with Kurt Lawrence.
 5         Q.   Are you aware if this is Oakland PD or
 6    San Leandro?
 7         A.   No.  Traders is in San Leandro.
 8         Q.   San Leandro PD.  Are you aware of
 9    San Leandro PD offering UPS escorts to Traders?
10         A.   Am I aware of?
11         Q.   Yes.
12         A.   Well, they have security for the ramp
13    bargain center.
14         Q.   I'm sorry?
15         A.   The ramp bargain center.  Deliveries and
16    pickups there.
17         Q.   What's the center?
18         A.   It's a shopping mall.
19         Q.   And UPS provides security?
20         A.   Yes.
21         Q.   On pickups there?
22         A.   Deliveries and pickups.
23         Q.   What's the reason for that that you
24    understand?
25         A.   Because the area, I guess.
0027
 1         Q.   Is there cash or valuable items that you're
 2    carrying?
 3         A.   Cash.
 4         Q.   Did you park at a grocery store or some
 5    parking lot and wait for the police to come before you
 6    went to Traders?
 7         A.   No.  I parked at a phone booth.  Not a
 8    grocery store.
 9         Q.   And you waited for a police officer escort?
10         A.   Yes.
11         Q.   Did the police ever show up?
12         A.   No.
13         Q.   Did you call and tell the people back at the
14    center what you were doing when you were waiting for
15    the police escort?
16         A.   I believe so.  I believe I sent some
17    messages through the DIAD board, as I recall.
18         Q.   Were you aware that Traders has to close at
19    a certain time?  Were you familiar with that?
20         A.   Yes.  That's how come I was calling at the
21    time.
22         Q.   Do you understand why they have to close at
23    a certain time?
24         A.   No.
25         Q.   Are you aware of any UPS policy related to
0028
 1    pickup of guns?
 2         A.   The only thing I recall is when you pick up
 3    weapons, you go straight to the building.  That's it.
 4    I don't know if that's a UPS policy or something that
 5    they conjured up or whatever, if it was an agreement
 6    made between the union and the company.  I have no
 7    idea.  That was the only thing I was made aware of.
 8         Q.   It's your understanding that once you pick
 9    up weapons, you go back to the center immediately.
10    You don't keep the weapons in your truck?
11         A.   What do you mean by that?
12         Q.   You go from the weapons pickup back to the
13    center.  You don't make any other stops?
14         A.   Yeah.
15         Q.   Other than the DFEH charge and the workers'
16    compensation claim, are there any other complaints or
17    grievances that you have pending right now?
18         A.   I guess letter of protest.  Is that
19    considered as a grievance?
20         Q.   I don't know.  What's the letter of protest?
21         A.   Protesting discharges.
22         Q.   That may be.  I don't know.
23         A.   I have no idea either.
24         Q.   We're on equal ground.  There was a letter
25    of protest that you lodged or filed?
0029
 1         A.   I guess Marty issued a letter of protest.
 2         Q.   So after these discharges, you communicated
 3    with Mr. Frates?
 4         A.   Yeah.  I guess.
 5         Q.   Did Mr. Frates take any action on your
 6    behalf that you're aware of?
 7         A.   You have to be specific.
 8         Q.   Do you know if there was a grievance filed?
 9    Was there a grievance filed on your behalf related to
10    these?
11         A.   What is the difference between the letter of
12    protest and a grievance?  Are they the same or
13    different?
14         Q.   You understand there was a letter of protest
15    issue related to your grievance.  Is that accurate?
16         A.   No.
17         Q.   Excuse me, related to your discharge?
18         A.   Right.
19         Q.   And did you write that letter of protest, or
20    did Mr. Frates write that letter of protest?
21         A.   I don't believe I'm authorized to write that
22    letter of protest.
23         Q.   So you didn't write it.  You understand the
24    union to have written that?
25         A.   Yes.
0030
 1         Q.   When was the last time you actually did your
 2    job as a package driver?
 3         A.   January, I believe.  I can't give you an
 4    exact date.
 5         Q.   And this most recent workers' compensation
 6    claim has not been resolved yet?
 7         A.   No, that hasn't been resolved.
 8         Q.   Have you been out of work at any other time
 9    that you recall since '97?
10         A.   Since '97?
11         Q.   Yes.
12         A.   What do you mean, before or after?
13         Q.   Since '97.  From '97 forward to 2000.
14         A.   I'd rather not say that one, because I have
15    an attorney, so I shouldn't be answering any questions
16    pertaining to workman's comp.
17         Q.   I'm asking if you've been out on leave.  I'm
18    not asking about the details of your workers' comp
19    claim.  I'm asking if you recall being on leave.  And
20    I have some dates that I could try to refresh your
21    recollection.
22              Do you recall being out on leave in April
23    of '97?
24         A.   April '97?  No, I don't recall.
25         Q.   You don't recall that.
0031
 1              How about December of '97?  Do you recall
 2    any leave in December of '97?
 3         A.   No, I don't recall.
 4         Q.   You don't recall that either.
 5              How about November '98?  Do you recall any
 6    leave in November '98?
 7         A.   No.  If you have it there, I guess, but I
 8    don't recall.
 9         Q.   But you don't recall any specifics?
10         A.   No.
11         Q.   Do you recall any leave in January of '98?
12         A.   Like I said, I can't recall the dates.  I
13    can't say yes or no, yeah or nay.
14         Q.   Do you recall why you were on any of those
15    leaves?
16         A.   Probably due to injury.
17         Q.   All related to some type of industrial
18    injury?
19         A.   Whatever.  They use the term "leave" so
20    vague, and so it's a big term contractually.  They can
21    say you're out on leave and you can be out for a
22    different reason.
23         Q.   It wasn't vacation, though?
24         A.   You never know.
25         Q.   You don't have any recollection?
0032
 1         A.   Terms can be twisted any time.
 2         Q.   Have you ever been treated by a chiropractor
 3    named Steven Stone?
 4         A.   Yes.  He's my treating physician.
 5         Q.   How did you happen to go to Dr. Stone?  Was
 6    he recommended to you by Mr. Olson?
 7         A.   No.
 8         Q.   Mr. Gonsalves?
 9         A.   I think -- I can't recall, actually.
10         Q.   Do you recall how you ended up going to
11    Dr. Stone at all?
12         A.   I have to refer to my attorney about that
13    question.
14         Q.   So you don't recall, I guess?  You either
15    don't recall, or is that an objection and you don't
16    want to answer that?
17         A.   Well, my workers' comp attorney isn't here.
18    It would be very impolite for me to answer a question
19    without his presence.
20         Q.   And I'm just asking if you recall who
21    introduced you to Dr. Stone.
22         A.   I said I believe it was Craig.  I'm not
23    sure.
24         Q.   Do you know if Chuck Engel sees Dr. Stone?
25         A.   Chuck Engel sees Dr. Stone?
0033
 1         Q.   That's a question.
 2         A.   I don't know.
 3         Q.   Do you know of any other UPS employees who
 4    see Dr. Stone besides Mr. Gonsalves and Mr. Olson?
 5         A.   I don't know.  He could be seeing a whole
 6    lot of -- Dr. Stone doesn't say much.
 7         Q.   I'm just asking of your personal knowledge.
 8    If you don't know, you don't know.
 9         A.   No.
10         Q.   How do you Mr. Olson?
11         A.   How do I know Mr. Olson?
12         Q.   How were you first introduced to him?
13         A.   Well, introduced.  You mean formally or
14    informally?
15         Q.   I suppose I'm just trying to establish when
16    you first met him.  I can make a guess that you met
17    him at work sometime.  I'm trying to determine that.
18    Do you recall when you first met Mr. Olson?
19         A.   I mean, I met him, like, in front of gates
20    when he was passing out stuff, and he talked a little
21    and I talked.  I met him like that in front of the
22    gate.  Because he was always passing out stuff, and he
23    was always doing something.  He was really active.
24    He's more active in trying to inform people of their
25    rights and stuff.  So I met him like that.
0034
 1         Q.   Did you meet him through Mr. Gonsalves?  Did
 2    he introduce you to him?
 3         A.   Formally or informally?
 4         Q.   Well --
 5         A.   It's, like, if I see you on the street and
 6    say, hi, how are you doing, you don't know the
 7    person's name and you just talk every now and then or
 8    whatever.
 9         Q.   When was the first time it registered this
10    is Randy Olson; I know him now; I've been formally
11    introduced to him?  Do you recall when that happened?
12         A.   I believe in -- I can give you year.
13         Q.   That's fine.
14         A.   Formally?
15         Q.   Yeah, formally.  Ballpark year where you
16    finally were able to put Mr. Olson's face with the
17    name Randy Olson.
18         A.   I will say that was '96.
19         Q.   '96.  And do you remember --
20              MS. SEXTON:  I'm sorry, what year was that?
21              THE WITNESS:  I believe it was in '96.
22              MR. FRANKLIN:  Q.  And was that at the
23    gates?  Was that one of those incidences, or do you
24    recall it being something else?
25         A.   Yeah.
0035
 1         Q.   You think it was?
 2         A.   Yeah, I think it was at the gates.
 3         Q.   And what was Mr. Olson handing out that
 4    caught your attention, do you remember?
 5         A.   Let's see.  I think he was passing out
 6    flyers to the hearing.
 7         Q.   Is that the Eastmont Mall?
 8         A.   Yes.
 9         Q.   And it's a rally, or I think it's been
10    characterized several different ways.
11         A.   Yes.
12         Q.   Is Randy a friend of yours now?  Would you
13    call him a friend?
14         A.   Yes.  He's a friend of mine.
15         Q.   When did he move from acquaintance to
16    friend?
17         A.   When I found out he was fired and I talked
18    to him, I looked -- he just needed -- I felt he needed
19    somebody to moral support him because he was
20    wrongfully terminated.  And he was there at the
21    hearing, so I'm going to be here for him.
22         Q.   What hearing was that?  Is that the Eastmont
23    Mall you were talking about?
24         A.   Yes.
25              MS. SEXTON:  Could you speak up a little
0036
 1    bit?
 2              MR. FRANKLIN:  Q.  That goes back to what I
 3    was telling you.  You're trailing off a little bit.
 4              Did Randy tell you he was fired, or how did
 5    you learn about that?
 6         A.   He told me he was fired.
 7         Q.   When did you learn he was fired, do you
 8    remember?
 9         A.   No, I don't.  I don't recall.  I just
10    remember he told me he was fired.
11         Q.   Do you remember, did he approach you?  Did
12    he say, "I've been fired.  I want your help, Mr. Pea"?
13         A.   No, he didn't ask for my help.  He just told
14    me he was fired.
15         Q.   How -- I think you made a reference to you
16    offered support to him.  Did that happen right away,
17    or was that later?
18         A.   I guess you can say just as a gradual thing,
19    you know.  I don't just jump in and say you were
20    wrongfully fired and jump in.  It was a gradual
21    thing.  Gradual thing.
22         Q.   Has Randy ever asked you for help related to
23    this litigation?
24         A.   Related to this litigation itself?  No, no.
25         Q.   Has he ever asked you for help unrelated to
0037
 1    this litigation?
 2         A.   Unrelated?  What do you mean by that?
 3         Q.   I guess I'm going back to we were talking
 4    about moral support and offering Mr. Olson moral
 5    support.  Is that just something you initiated?
 6         A.   Well, yeah, I mean -- I mean, I felt bad.  I
 7    mean, when someone gets fired like that, you know,
 8    dealing with my experiences with United Parcel
 9    Service, I mean, it would be wrong for me not to
10    assist someone in that retrospect.  It would be
11    morally -- in that way, in that regard, this is not an
12    easy thing for anyone.  So I assumed it's not an easy
13    thing for anyone.
14         Q.   Did you have much contact with Mr. Olson
15    between August 31st, '95 and August 7th, '98 that you
16    recall?  And as a reference, I'll throw this out.
17    August 31st, '95 I believe is about the time Mr. Olson
18    had his nonwork injury.  He was in an auto accident
19    and there was a leave after that.  And then August 7th
20    '98, I believe, is the date UPS issued a separation
21    letter or termination letter.
22              During that period of August '95 to August
23    '98, did you have much contact with Mr. Olson?
24         A.   August '95 to August '98?
25         Q.   Yes.
0038
 1         A.   You mean -- can you elaborate?  To me that
 2    doesn't -- sounds like it pretty much misleading to
 3    me.
 4         Q.   Was there a -- did you see him once a year
 5    during that period?  Twice a year?
 6         A.   I mean, I didn't pick up a book and say I
 7    saw Randy on this day or that day.
 8         Q.   Was he one of your friends or where you
 9    could say, oh, yeah, I guarantee I saw him a lot
10    during that period.  Or was he more on the peripheral
11    of your friendships at that point?
12         A.   Between August '95 to August '98 just to go
13    see him and how you doing and things like that?
14         Q.   Yes.
15         A.   Not like a scheduled thing, no.  I just see
16    him, hi, how you doing, what's going on, and things
17    like that.
18         Q.   You guys weren't playing golf or anything
19    together like that?
20         A.   No.
21         Q.   I'm just using that as a friendship-type
22    thing as a hypothetical.
23         A.   In other words, you want to know when did
24    our relationship start to grow?
25         Q.   Yeah.  That would be helpful.
0039
 1         A.   It started to grow when he was terminated.
 2    He was wrongfully terminated.  And from the experience
 3    I had with UPS, you know, I can understand it's not an
 4    easy thing.
 5         Q.   Did you ever do any construction work with
 6    Mr. Olson?
 7         A.   No.  To be honest with you, I really can't
 8    build anything.  I'm just being honest.
 9         Q.   Do you know of Mr. Olson being involved in
10    any construction work?
11         A.   No.  I don't really talk about what he does,
12    so whatever.
13         Q.   Are your conversations with Mr. Olson for
14    the most part limited to his termination?
15         A.   Termination, just see how he's doing.  Just
16    talk.  I mean, it wasn't like a, well, Marquel, I'm
17    starting up this, I'm doing this, I'm doing that.  It
18    wasn't like that.  It's, like, if I known you for four
19    years or five years and I say -- you ask me, somebody
20    ask me a question about you, I say, I know him, but
21    the only thing we did was just talk, was not about...
22         Q.   Have you owned any property with Mr. Olson?
23         A.   No.
24         Q.   There have been several depositions in the
25    litigation.  Have you attended any of the
0040
 1    depositions?  Not physically in the depositions, but
 2    have you gone and sat either in Mr. Katzenbach's
 3    office outside or anywhere else?
 4         A.   Have I been going to -- yeah.  I've been
 5    to -- what do you mean?
 6         Q.   I guess there was a deposition of Mr. Naddy,
 7    Ms. Muniz, Mr. Frates?
 8         A.   I believe I was there when they deposed
 9    Ms. Muniz.  And I believe I was there when there was
10    one time -- I guess -- I don't know what you call
11    these things.  I'm not a legal expert.  Mediation or
12    arbitration, whatever the thing is.  I don't know.
13         Q.   Was that related to this lawsuit or
14    something else?
15         A.   That was related to someone.
16         Q.   Okay.
17         A.   How many lawsuits are you talking about?
18         Q.   I think you were talking about a case
19    management conference.  You were talking about the
20    early neutral evaluation, I believe.  Was it at
21    another law office?
22         A.   Yes.  That's what you call it?
23         Q.   Yeah.  That's close enough for me.
24              Other than Ms. Muniz's deposition and that
25    early neutral evaluation, do you recall attending
0041
 1    anything else?
 2         A.   Honestly, I can't remember.  Only thing I
 3    remember is Kim and the time I went to their, I guess,
 4    mediation or neutral whatever.
 5         Q.   When you attended Ms. Muniz's depositions,
 6    did you talk to Mr. Katzenbach?
 7         A.   No, no.  I really don't interfere with
 8    Katzenbach, nothing like that.
 9         Q.   Did you talk to Randy that day?
10         A.   Yeah, I talked to him.
11         Q.   Do you recall anything that you talked about
12    that day?
13         A.   No.  I mean, just small talk.  Do you want
14    to go out for lunch or something like that, dinner, or
15    whatever.
16         Q.   What compelled you to go to those two
17    events?
18         A.   Like I said, it's not an easy thing for a
19    person to go through a lawsuit by themselves.  They
20    need some type of moral support, you know.  I mean, if
21    you were in that position, I'd probably do that for
22    you, too.
23         Q.   How about Mr. Engel?  Do you know him
24    personally?
25         A.   Yeah, I know him.
0042
 1         Q.   Have you ever talked to Mr. Engel about
 2    Mr. Olson's lawsuit?
 3         A.   Yeah, we talked about the lawsuit.  But it's
 4    not like we sit there and talk talk.
 5         Q.   What do you talk about when you talk about
 6    the lawsuit?
 7         A.   My honest opinion?
 8         Q.   Yeah.  I always want your honest opinion.
 9         A.   It seems like the facts are there.  I mean,
10    all these things, I guess, that was overlooked in the
11    grievance and stuff like that, that's just, you
12    know -- it just totally amazes me that we as employees
13    are not allowed to make mistakes.  But when we see
14    something that the company makes, it's, like, it's
15    okay in regards to disciplining and in regards to
16    communication, in regards to handling the grievance
17    procedures, things like that.  And in Randy's case,
18    it's just all these things wrong.  I mean, it just
19    looks so -- it looks wrong with me.
20         Q.   You said the facts are there.  What facts
21    are you talking about?
22         A.   Facts.  Facts that he wants to go back to
23    work and he gets fired for it.
24         Q.   Other than that, any other facts that you're
25    referring to when you said the facts?
0043
 1         A.   That's factual enough for me.
 2         Q.   Is there anything else that you recall when
 3    you say facts?
 4         A.   Let me see.  It's like, I guess, I can see
 5    that if he didn't want to work or it was the instant
 6    that -- it just seems he did everything he's supposed
 7    to do in terms of going back to work.  He made phone
 8    calls, he talked with his center managers, things like
 9    that.  I mean, what more does an employee has to do to
10    want to work?  It seems like does he have to scream
11    and yell or things like that?
12              I mean, to me if I was an employer, if
13    somebody was ready to come back to work, I'd be more
14    than happy to take them back.
15         Q.   So it sounds like the fact you're talking
16    about is you believe Mr. Olson wanted to go back to
17    work.  Is that the facts you're talking about when you
18    say the facts are there?
19         A.   Yes.
20         Q.   Anything else besides him wanting to go back
21    to work?
22         A.   Well, he did -- first thing he did he kept
23    communications with his managers.  And despite doing
24    that, talking to them, right there, that's factual
25    itself.
0044
 1         Q.   Did Mr. Engel help you prepare for today?
 2         A.   Mr. Engel?  No.
 3         Q.   Did you review any documents with Mr. Engel?
 4         A.   What's that?
 5         Q.   Did you review any documents with Mr. Engel?
 6         A.   That question is kind of, like, too general.
 7         Q.   Related to this litigation in preparation?
 8         A.   Does he have documents related to the
 9    situation?
10         Q.   You asked a question.  So is the answer no,
11    I did not review any documents?
12         A.   I mean, it's like -- I didn't look at any of
13    his documentation today.  I mean, to me, it's, like,
14    if I look at his documentation, how can I represent
15    his documentation with Randy's documentation?  The
16    question that you asked was just too general to give
17    you a precise answer.  To me it was.  And I can say,
18    yeah, I looked at all those documentation, but what
19    does that have to do -- well, I mean...
20         Q.   I don't mean to be disrespectful, but part
21    of the rules of a deposition are I get to ask the
22    questions, unfortunately.
23         A.   I don't understand.
24         Q.   And that's perfectly legitimate.  If you
25    don't understand that question, let me rephrase it.
0045
 1              I asked you if you had discussed today's
 2    deposition, your preparation today with Mr. Engel.
 3    And I think the answer was no.  And you smiled a
 4    little bit.  Is that no, you have never discussed this
 5    with Mr. Engel?
 6         A.   See, that I just -- I don't -- you're saying
 7    one thing but...
 8         Q.   Let me limit it in time.  Since you received
 9    a subpoena for this deposition, have you had any
10    conversations with Mr. Engel?
11         A.   Not about this, no.
12         Q.   Okay.  Since receiving this subpoena for
13    this deposition, did you look at any documents that
14    Mr. Engel provided you?
15         A.   No.
16         Q.   I think we're clear on that.
17              Have you ever talked to Mr. Katzenbach about
18    this case, Randy's case, or anyone from
19    Mr. Katzenbach's office that you recall?
20         A.   Not really.  I mean, just, like, we talk and
21    we just talk about Randy and things like that.  Not to
22    whereas you talk about in terms of the law or in terms
23    of just the case.
24         Q.   No, just the facts underlying the case.  And
25    I don't care if you talk to Mr. Katzenbach about
0046
 1    scheduling a deposition or that type of thing.  The
 2    facts underlying Mr. Olson's case.  Did anybody from
 3    Mr. Katzenbach's office or Mr. Katzenbach take any
 4    declaration or written testimony from you?
 5         A.   No.
 6         Q.   Do you recall how many times you've met with
 7    Mr. Katzenbach and Randy?
 8         A.   No.  I can't recall.
 9         Q.   Have you met with them together ever?
10         A.   I met with them, but they talked for a
11    minute, and, like, he's an attorney.  He takes his
12    client to the room.
13         Q.   Sure.  Did you ever talk to Mr. Katzenbach
14    about Randy's involvement in the Eastmont Mall rally?
15         A.   Have I talked about Randy's involvement in
16    the Eastmont Mall rally?
17         Q.   That you recall.
18         A.   Not that I recall.  I just -- no.
19         Q.   Did you ever talk to Mr. Katzenbach or
20    anyone from his office about Mr. Olson renting chairs
21    at the Eastmont Mall rally?
22         A.   Chairs?  No, I don't recall.
23         Q.   You don't know anything about that?
24         A.   I just can't remember every little thing.
25         Q.   Did you go to the Eastmont Mall rally?  That
0047
 1    may be why you don't recall anything.
 2         A.   No, I didn't go.
 3         Q.   You didn't attend that.  Was that because
 4    you were a sorter at the time, or maybe you had
 5    something else going on.  I don't know.
 6         A.   I had something else going on at the time.
 7    I've been having car problems off and on in that time,
 8    too.
 9         Q.   Have you ever heard secondhand who attended
10    the political rally or the Eastmont Mall rally?
11         A.   You're talking about in terms of the --
12         Q.   Anybody from UPS, I suppose, who you heard
13    was there.
14         A.   I heard a lot of people from UPS was there.
15         Q.   Do you remember any names today?
16         A.   No.  Not just popping out of my head, no.
17         Q.   Did you ever talk to Randy about his
18    involvement in the Eastmont Mall rally?  Do you recall
19    anything?
20         A.   I mean, he was passing out flyers, so that
21    was -- we didn't need to talk about he passed out
22    flyers.  He was doing that all the time.  Passing out
23    flyers, passing out things all the time.  It was,
24    like, did we sit here and talk about his involvement?
25    He was involved.
0048
 1         Q.   Did you ever talk to him about it, say Randy
 2    said -- did Randy ever tell you, "Mr. Pea, this is
 3    what I've done in the Eastmont Mall rally"?
 4         A.   No.  If you ask anybody, oh, yeah, Randy was
 5    there, it's like we expect Randy to do it because
 6    that's Randy.
 7         Q.   When you say we expect, who are you
 8    referring to, "we"?
 9         A.   You can ask any employee at United Parcel
10    Service.  And I say, do you know Randy?  Oh, yeah,
11    Randy is the guy that did this and do that.  He didn't
12    have to sit there and explain what he did.  He was
13    just involved in almost everything for the rights of
14    the workers.
15         Q.   But the only thing you recall personally
16    about Mr. Olson's involvement was in passing out
17    flyers at the Pardee center.  Is that accurate?
18         A.   Yes.
19         Q.   In terms of the Eastmont Mall?
20         A.   Yeah.
21         Q.   Now, I think there was -- it came up
22    somewhere today in the other deposition.  There was a
23    NAACP meeting after the Eastmont Mall rally.  Do you
24    know anything about that?
25         A.   Meeting?
0049
 1         Q.   I guess there was a meeting within a month
 2    or two after the Eastmont Mall rally.  Do you know
 3    anything about that?
 4         A.   No, I don't recall.
 5         Q.   Do you know anything about Randy's
 6    involvement in the class action litigation, the Carter
 7    case?
 8         A.   Carter case?
 9         Q.   Do you know anything about that?
10         A.   To me the Carter case, that's, like, who is
11    Carter?
12         Q.   Do you know who Mr. Carter is?
13         A.   Not really.
14         Q.   Do you know who Tim Mapfumo is?
15         A.   Yes.
16         Q.   Did you ever talk to Randy about Randy
17    helping Tim Mapfumo?
18         A.   Did I talk to Randy about helping Tim
19    Mapfumo?
20         Q.   Yes.
21         A.   Did I talk to Randy to help Tim?
22         Q.   I guess let me ask this question:  Do you
23    know anything about Randy helping Tim Mapfumo?
24         A.   Yes.
25         Q.   What do you know about that?
0050
 1         A.   He was helping trying to obtain the position
 2    for a truck route in the hills or something.
 3         Q.   How do you know that?
 4         A.   How do I know that?
 5         Q.   Yes.
 6         A.   I can't determine specifically.  I can't say
 7    this is what I heard, whatever.  Just said, you know,
 8    people talk at the job.
 9         Q.   Other than this route up in the hills that
10    you referred to, do you know anything else about Randy
11    helping Mapfumo?
12         A.   He was a shop steward.  I guess -- no, not
13    at that point.
14         Q.   Just doing the job of a shop steward.  Is
15    that fair?
16         A.   Yeah.
17         Q.   Do you know who Maran Wilson is?
18         A.   Yes.
19         Q.   Do you know of any facts where Mr. Olson
20    helped Mr. Wilson related to any claims of retaliation
21    or termination?
22         A.   Going out in public?
23         Q.   Whether you heard this secondhand or
24    firsthand.
25         A.   I heard he helped out, but I don't know the
0051
 1    specifics of anything.
 2         Q.   How did you hear that he helped out?  Was
 3    that in his role as a shop steward again?
 4         A.   He helped out.  He was just Randy.  He don't
 5    even have to be a shop steward to help.
 6         Q.   When you asked Ms. Muniz if she was a
 7    racist, did you talk to Randy about this?
 8         A.   No.
 9         Q.   Are you aware of Randy helping anyone
10    besides Tim Mapfumo and Maran Wilson related to claims
11    of discrimination?
12         A.   By helping pass out flyers, he helped out a
13    lot of people.  Just by doing that he did more than
14    anybody.  He gave his time, and a lot of people don't
15    do that.
16         Q.   How about other than the flyers, though?  I
17    guess I'm looking for a specific incidence with
18    particular individuals.  Do you recall anything that
19    you know of?  And you either know or you don't.
20         A.   It's, like, when you talk about Randy, it's,
21    like, he does -- he covers everything.  He's, like --
22    he'll help anybody out who felt that they'd been
23    wronged.  And for me to pick out specifics, it's just,
24    like, that's the one of the hardest things to do.
25    Because he's always there.  He's always looking out
0052
 1    for the members.
 2         Q.   I guess my question is, do you recall
 3    anything today, specifics?  Sounds like it's a
 4    difficult question, but do you recall anything?
 5         A.   No.  No specifics.
 6         Q.   Are there any notes or anything that would
 7    help you recall the specifics?  Do you have any notes
 8    that would help you recall the specifics?
 9         A.   I guess I -- I don't know.
10         Q.   Not that you're aware of.
11              Do you want to take a break now?
12         A.   Yes.
13              (Recess taken from 3:51 to 4:00 p.m.)
14              MR. FRANKLIN:  Q.  If I could have you look
15    back at Exhibit 198, that's the EEOC charge.  Did
16    Mr. Engel help you prepare that?
17         A.   No.
18         Q.   And you smile when you say that.  Is there a
19    reason you smile when you say that?
20         A.   I'm not supposed to ask questions, right?
21         Q.   You may not get an answer, but you can ask a
22    question.
23         A.   Okay.  See, that's what I've been trying to
24    point out for a long time is that when you say that to
25    me, it appears that I'm not -- you're giving me I'm
0053
 1    not articulate enough or not precise enough to raise
 2    some concerns.
 3              MS. SEXTON:  He's been asking everyone.  He
 4    has.
 5              THE WITNESS:  I get that a lot.  And that's
 6    why I laugh because I just feel that it's, like -- are
 7    you saying I'm not adequate enough to do this?
 8              MR. FRANKLIN:  Q.  And I can assure you I
 9    would ask that question of anybody.  It's nothing
10    personal.  It's me being an attorney.
11              And I'd like to know if anybody advised you
12    in crafting that?
13         A.   No.  I mean, no.
14         Q.   Okay.  And does that document,
15    Exhibit 198 -- there are allegations of
16    discrimination, and that's discrimination based on
17    race.  Is that accurate?
18         A.   Yes.
19         Q.   And that's not discrimination based on
20    retaliation?
21         A.   That's not discrimination based on
22    retaliation?  This charge is based on race.
23         Q.   Okay.
24         A.   This charge here.
25         Q.   Is there a charge based on retaliation?
0054
 1         A.   Well, not at this time, no.
 2         Q.   Are you aware of any facts that would
 3    suggest that you've been retaliated against?
 4         A.   Well, facts.  Are you referring to the
 5    charge here?
 6         Q.   When you said this time it's not based on
 7    retaliation; this time it's based on race -- that's
 8    what you said.  And I want to know, are there any
 9    facts where you believe that UPS has retaliated
10    against you, Mr. Pea?
11         A.   Well, I mean, we don't have enough time if I
12    explain that.
13         Q.   No.  I have a lot of time.
14         A.   You have a lot of time?
15         Q.   If you can think of any facts where you've
16    been retaliated against personally, I'd like to know
17    them.
18         A.   I believe that I was retaliated against
19    because, I mean, don't you just find it quite
20    strange?  One day I'm in front of the gate passing out
21    flyers for Randy.  Then the client says you're the
22    enemy.  I'm management.  And I go back to work.  I'm
23    standing out there 12 hours.  And when I was out there
24    12 hours, he personally got in the car with me.  This
25    is the day that I was released from work.  And he
0055
 1    referred me to -- he told me I was a shitty driver and
 2    they would love to get rid of certain drivers, things
 3    in that regards.  And he also said we just have to
 4    figure out a way how to do it.  And at that time I
 5    felt real uncomfortable with Dan.
 6         Q.   When did this happen?
 7         A.   I believe that happened on July 14th, 1999.
 8    I get mixed up with dates.
 9         Q.   You were handing out flyers for Randy.  Is
10    that what you said?
11         A.   Yes.
12         Q.   What fliers you were handing out?
13         A.   Shaman's Rattle.
14         Q.   This is something that Mr. Engel puts out?
15         A.   I don't know who puts it out.  I'm just
16    saying Charlie does that, Randy does that.  I just
17    thought that maybe, I guess, he puts it out.
18         Q.   Does Randy put out Shaman's Rattle?
19         A.   I can't answer that question because I don't
20    know who is there doing the actual drafting.
21         Q.   Do you understand Mr. Olson to be involved
22    in The Shaman's Rattle?
23         A.   What do you mean?  That's right.  I can't
24    ask a question.  The case was written on Shaman's
25    Rattle.
0056
 1         Q.   So on July 14th, 1999, you were -- it's
 2    Bastille Day.  You were handing out Shaman's Rattle
 3    flyers?
 4         A.   Yes.  You're talking about dates and times.
 5    It's very difficult.
 6         Q.   Were you handing out anything else other
 7    than The Shaman's Rattle that day?
 8         A.   The Convoy.
 9         Q.   The Convoy.  That's a TDU --
10         A.   Yes.
11         Q.   -- newsletter?
12         A.   Yes.
13         Q.   Do you know who produces the Shaman's
14    Rattle?
15              MR. KATZENBACH:  Asked and answered, I
16    think.
17              THE WITNESS:  I'll be honest with you.  I
18    really don't know.  I don't know.  I can assume, yes,
19    such and such puts it out, but I don't know.
20              MR. FRANKLIN:  Q.  Who do you assume puts it
21    out?
22         A.   I guess Charlie puts out Shaman's Rattle.
23         Q.   You don't think Randy is involved in that?
24         A.   His case was written on it.
25         Q.   Other than you handing out the Shaman's
0057
 1    Rattle on July 14th, 1999 and Mr. Kline making some
 2    comments to you after that, are there any other facts
 3    that you're aware of where you've been retaliated
 4    against?
 5         A.   One of my -- I can't remember when my back
 6    began to really hurt a lot.  I've been having these
 7    constant lower back spasms.  And I had people just
 8    saying, like Rebecca Cooper, why don't you just quit?
 9    Why don't you just do this and that.  Real nasty
10    attitude and things like that.  I mean, ever since I
11    went to work, they just been riding on me.  My name
12    even was mentioned in the Internet.  And calling I'm a
13    negative person and just negative.  And I don't
14    understand why somebody would put that out there on
15    the Internet.  I don't even have the Internet.  This
16    thing is so crazy that somebody would do that, just
17    put your name out there.
18         Q.   She saw your name on the Internet?
19         A.   I'm just saying in terms of retaliation that
20    my name was mentioned on the Internet, and I don't
21    recall putting things out on the Internet.
22         Q.   What did it say about you on the Internet?
23         A.   One even told me I was considered a lost
24    soul, and the other one said I was a negative person.
25         Q.   Do you know who -- go ahead.
0058
 1         A.   This is all political.  I'm not trying to
 2    run for office or anything, and I don't see myself as
 3    being negative.
 4         Q.   Do you have any idea who did that, who would
 5    have drafted that?
 6         A.   I don't know.  I don't like to point
 7    fingers.  I have to review my notes.
 8         Q.   I know you may not have a personal
 9    preference to point fingers, but I think I have a
10    legitimate question.  You either do or you don't.  I'm
11    not asking you to point fingers.
12         A.   I think I have an idea.
13         Q.   Who do you think?
14         A.   You want to know my honest opinion?
15         Q.   Yes.  If you had to speculate.  I'm asking
16    you to speculate on this.  Who do you think wrote
17    that?
18         A.   I believe it was Marty.
19         Q.   You believe Marty Frates wrote something on
20    the Internet referencing your name?
21         A.   Yes.  Marty and Robert Alameda.
22         Q.   What causes you to believe that either Marty
23    Frates or Robert Alameda would have written that?
24         A.   One of the letters.  One of the letters that
25    he sent me.
0059
 1              MS. SEXTON:  Speak up a little bit.
 2              MR. FRANKLIN:  You're trailing off again.
 3              THE WITNESS:  One of the letters he sent me
 4    he had put, "This is nothing but political rhetoric."
 5    And on the Internet it states similar the same way.
 6    Similar the same way that it was stated in the letter
 7    that he wrote me.
 8              MR. FRANKLIN:  Q.  So it's almost a
 9    linguistics analysis by you.  You looked at a letter,
10    something else crafted by Mr. Frates, and you looked
11    at the Internet and you say, gee, those are similar?
12         A.   They're similar.  You have to keep in mind
13    that the majority of my letters that I wrote, it was
14    to Marty Frates and to some other agencies, but for
15    someone just to pop up on the Internet and say Marquel
16    is negative and it's nothing but political rhetoric,
17    it's hard for me to believe that all of a sudden that
18    everyone knows Marquel.  I'm just a new driver trying
19    to find what are the policies and procedures and
20    things like that.
21         Q.   If I could ask you this:  Do you think
22    anybody from UPS management wrote that?
23         A.   Political rhetoric?
24         Q.   This reference to you on the Internet.  Do
25    you think UPS management is writing things?
0060
 1         A.   Not that part.
 2         Q.   Is there some other part that you think
 3    they're writing about you on the Internet?
 4         A.   Well, it's not what they write.  It's how
 5    they delegate business now.
 6         Q.   Okay.
 7         A.   In terms of things like that.
 8         Q.   Other than these three incidences where you
 9    believe you were retaliated against or facts that
10    would cause one to believe that there was retaliation,
11    this is Dan Kline's comment to you after you passed
12    out flyers for Randy, something related to your work
13    load after you injured your back.  Is that accurate?
14         A.   Like I said, it goes down -- okay.
15         Q.   I'm just trying -- I've been able to figure
16    out three things:  Something related to your back
17    injury, something related to the Internet comment, and
18    something related to a comment, another comment that
19    Dan Kline made to you related to you passing out
20    notes, you believe.  Is there anything else?
21         A.   Yes.  When I went to go see the company
22    doctor, and this time I brought my mother with me, and
23    Rebecca Cooper was there.  And at that time, you know,
24    she was there.  And that's why I had my mother with me
25    so she can witness how I'm being held on a higher
0061
 1    level than anyone else.  And I'm pretty sure she
 2    doesn't go to everyone's doctor's appointment on that
 3    part.
 4              And when, again, they delay my benefits in
 5    terms of my injury.  I've been, like, as far as my
 6    child support, I have to write letters to the County
 7    to have them -- have them, which is Liberty Mutual,
 8    make Liberty Mutual take the child support out of my
 9    check.  And I haven't received my W-2s for the last
10    three years.  I have to write to the IRS through the
11    Attorney General of the IRS to another division in
12    Washington D.C. to retrieve my W-2 forms.
13              I just find it very strange that all these
14    things are happening to me.  I just find it very
15    strange.  And it's been very hard for me to get my
16    W-2s.  I just recently received them, and I wrote an
17    appreciation to the Civil Rights Commission.  I
18    believe I met with Miss Ruby and a letter of
19    appreciation to the IRS in terms of helping me out
20    getting that.
21              And the list goes on.  And I told them I
22    couldn't do the job.  They sent me a letter saying
23    they don't know where I'm at yet.  Ron Dodge called my
24    house, Rebecca Cooper called my house.
25         Q.   You say UPS sent a letter?
0062
 1         A.   Yes.  And they knew I was hurting real bad.
 2         Q.   The list goes on.  What's next?
 3         A.   I mean, the list, it just doesn't end.  I'm
 4    praying that it just stops.  It's crazy.
 5         Q.   Is there anything else that you recall
 6    today?
 7         A.   Recall today?
 8         Q.   Um-hmm.
 9         A.   In terms of retaliation?
10         Q.   Yeah.  Facts that would cause you to believe
11    that you've been retaliated against?
12         A.   Well, every time I have a concern about the
13    job, an issue about the job, I say, like, doing air
14    deliveries at a certain time because you got to get
15    them done at a certain time, they really don't take
16    into consideration.  I'm, like, hey, this is almost
17    impossible for me to do opposed to other drivers.
18              And also, like, they had me stand out there
19    exceeding over long hours, over 12 hours, things like
20    that.  It's, like, every time I try to find, you know,
21    where do this end in terms of a job, there's really no
22    clear answer, and there's no clarity there, and it's
23    very difficult for me to abide by some rules that
24    either change, or they don't even try to apply until
25    someone falls between the cracks.
0063
 1         Q.   why do you think UPS is retaliating against
 2    you, because you took a leave of absence, or what do
 3    you think this stems from?
 4         A.   Well, why I believe that?  I had to utilize
 5    all my efforts to my knowledge to address concerns
 6    that I have with the job.  And they been just
 7    virtually just swept under the rug like it doesn't
 8    exist.  That's why I write letters to this day because
 9    I don't want to get caught sliding between the cracks
10    of a policy I'm not sure about.
11              I'm trying to get clarity from my employer
12    what is entitled to me and what is not entitled to
13    me.  If I can get that clarity from my employer, then
14    we probably won't have any problems in things like
15    that.  But as long as there's no clarity or no true
16    understanding in terms of what are the rules and what
17    are the policies, then we're going to always have
18    confusion on the job.  There's going to always be
19    problems.
20         Q.   I guess my question is, why is UPS
21    retaliating against you?  Is it because you took a
22    workers' compensation leave?
23         A.   No.  I believe they retaliating against me
24    because -- I guess you could say because I speak my
25    mind and I write letters and I help --
0064
 1         Q.   When you say you speak your mind, what do
 2    you speak your mind about?  What in particular are you
 3    thinking about?
 4         A.   When I say I speak my mind, just being --
 5    trying to -- just trying to be honest, you know,
 6    honest with the job.  And what I mean by speaking my
 7    mind, why don't you just tell them, Marquel.  Maybe
 8    they'll take this and strive and either try to work
 9    with.  Or, Marquel, we really can't do that, but,
10    however, you can do that.  Things like that.  But it
11    seems like when I speak my mind in regards to the job,
12    in regards to behavior at the job, these type of
13    incidents occur at the job site.
14         Q.   What did you speak your mind about?
15         A.   Well, no disrespect to Ms. Kim Muniz, but
16    when she yelled at me in that way and I was trying to
17    figure out why this is going on, and when I asked her
18    that question, you know, a lot of people, a lot of
19    African Americans won't say that because they're
20    afraid that they may get a negative response.
21              But I figure if I ask a question and she
22    thinks about what I'm asking her, then maybe perhaps
23    she will probably say, well, maybe I approached it the
24    wrong way.  Or, Marquel, I'm sorry, but this is what I
25    believe what happened, or something like that.  And as
0065
 1    far as that.  Because if you -- if she was on the
 2    street and she yelled at somebody that really doesn't
 3    have the, you know -- they could have did something to
 4    her, things like that.
 5              That's why certain things that you don't do
 6    in certain cultures pertaining to that because they
 7    may take it the wrong way, or they may take it in a
 8    way that can be viewed as being discriminatory.
 9         Q.   Is there any other thing that you spoke your
10    mind about other than asking Ms. Muniz if she was
11    racist?
12         A.   Like I said, my concern is, you know, that's
13    the main issue there.  It's just the professionalism
14    at the job.  It's, like, I always believe that as
15    human beings that we can be able to sit down and talk
16    and discuss.
17         Q.   I guess is there anything else that you've
18    spoken your mind about related to UPS other than
19    asking Ms. Muniz if she was racist?
20         A.   The human --
21         Q.   UPS.
22         A.   UPS, okay.  For instance, like, certain
23    trucks be overdispatched.  And I told them I can't do
24    it.  Things like that.
25         Q.   Okay.  So there's one incident of --
0066
 1         A.   I wouldn't say it's one.  You're asking me.
 2         Q.   I'm trying to run them down.  So far you've
 3    raised one incident related to Ms. Muniz where you
 4    suggested that she was racist, you asked that
 5    question.  You weren't sure, but you asked that
 6    question.  And then you said there's an issue related
 7    to dispatching trucks.  Is there anything elsewhere
 8    you've spoken your mind about?
 9         A.   Yeah.  Like, you know, things like, for
10    instance, you know, I was interested in becoming a
11    driver for years and I was never put on the utility
12    driver list.  I asked them -- you know, I did
13    everything I was supposed to do in terms of letter of
14    intent.  I'm, like, why, you know, why I was bypassed
15    as a utility driver and other people with less
16    seniority than me was either given an opportunity to
17    drive utility driver.
18         Q.   Is that something you raised with UPS or
19    something you raised with the unions.
20         A.   I raised with UPS.
21         Q.   Who did you raise that with?
22         A.   I raised that issue with Chris Slaats and
23    Marty.  And Chris Slaats after we discussed it, he
24    reduced my salary.
25              MS. SEXTON:  I'm sorry.  I didn't hear the
0067
 1    answer.
 2              THE WITNESS:  Chris Slaats and Marty Frates.
 3              MS. SEXTON:  But Fred offered you similar --
 4              THE WITNESS:  He reduced my salary.
 5              MR. FRANKLIN:  Q.  Other than these three
 6    things, you wanting to be driver, trucks being
 7    overdispatched, and the conversation we've talked
 8    about regarding Ms. Muniz, is there anything else
 9    where you've spoken your mind, you think, and UPS has
10    retaliated against you because of that?
11         A.   Keep me out there for longer than 12 hours
12    counseling.
13         Q.   You raised the issue of being out longer.
14    Is that what you're saying?
15         A.   Yes.
16         Q.   Anything else?
17         A.   Contractual language, TAW.
18         Q.   So you raised an issue with UPS about
19    contractual language and TAW?
20         A.   Yes.
21         Q.   Anything else?  Who did you raise that with
22    about contractual language?  Who did you talk to about
23    that?
24         A.   I talked with Marty about it, and I talked
25    with Joe Otten about it.
0068
 1         Q.   Joe Otten?
 2         A.   Yes.  He was the center manager at the time.
 3         Q.   How about the 12 hours issue?  Who did you
 4    talk to that about?
 5         A.   I wrote a letter to Kenny Bolton concerning
 6    that.
 7         Q.   Anything else?
 8         A.   Knowing my rights.
 9         Q.   What do you mean knowing your rights?  What
10    is that?
11         A.   Well, you know, what is it that I'm entitled
12    to and what is it I'm not entitled to.  In terms of if
13    I'm entitled to TAW, do I have the right to have TAW.
14         Q.   Sounds like the same.  We talked about TAW.
15         A.   I'm just giving you an example right now.
16    But do I have the right to -- if I exceed over a
17    certain period of hours, do I have the right to bring
18    stuff back or don't I have the right?  I hear so many
19    change of policies there.
20         Q.   Aren't these issues normally raised through
21    the union?
22         A.   I wouldn't -- aren't these issues raised
23    normally with the union in terms of what?
24         Q.   Local 70 is designated to bargain on behalf
25    of the employees there?
0069
 1         A.   You know, like I said, the thing changes all
 2    the time, and I just can't keep up.
 3         Q.   Is there anything else about you speaking
 4    up?
 5         A.   Well --
 6         Q.   That you recall today.  If you don't recall
 7    anything else...
 8         A.   Just basically writing letters and just
 9    really trying to figure out what I'm entitled to and
10    things like that.  That can really start a fight
11    sometimes if you take it the wrong way.
12         Q.   One of the things that you said that you
13    thought was a fact that suggested you were retaliated
14    against was your back hurts, you injured your back?
15         A.   Yeah.  I injured my back -- I don't know,
16    just seems weird.  So I really can't discuss that part
17    because I have an attorney.
18         Q.   Are you refusing to discuss that part?
19              MR. KATZENBACH:  I think that if you wanted
20    to ask him about it, I think he has a right to have
21    his attorney present.
22              MR. FRANKLIN:  Okay.
23              THE WITNESS:  I don't have my attorney here.
24              MR. FRANKLIN:  Q.  I'm going to ask the
25    question, and you can say "I don't want to answer
0070
 1    because," but I'm going to ask the question.
 2              You injured your back.  Is that accurate?
 3         A.   Yes.
 4         Q.   And you injured your back on the job?
 5         A.   Correct.
 6         Q.   And it was lifting items at UPS?
 7         A.   I can't answer that question.
 8         Q.   Okay.
 9              MR. KATZENBACH:  I just think if you want to
10    go into this area, you have an opportunity to contact
11    his attorney.
12              MR. FRANKLIN:  He had an opportunity to
13    contact his attorney as well.  There was notice well
14    in advance.  We can go forward and I can ask the
15    question and he can refuse to answer.
16              MR. KATZENBACH:  In terms of his refusal to
17    answer, you're going into subject matters and he has
18    got the subpoena right here, and it doesn't say what
19    areas he's going to be asked about.
20              MR. FRANKLIN:  And I can ask the question.
21    I think we've made it clear Mr. Katzenbach is not your
22    attorney on this.  He's raised the issue.  I'm going
23    to ask the question and you can say "I don't want to
24    answer it."  I'm okay with that.  And we can go from
25    there.  We don't need to beat the issue up.
0071
 1              THE WITNESS:  I just won't answer any
 2    questions that's pertaining to my back at this time.
 3              MR. FRANKLIN:  Q.  So you're refusing to
 4    answer any questions relating to your back at this
 5    time?
 6         A.   Yes.
 7         Q.   Has your memory been jogged at all -- I
 8    asked you earlier whether you knew of anyone else
 9    being retaliated against by UPS.  And I don't think
10    you knew of anybody else.  Is there anybody else
11    you're aware of?
12         A.   I believe Randy was retaliated against.
13         Q.   How about other than Randy?  You're only one
14    person.  If you know it, you know it.  If you don't,
15    you don't.
16         A.   I believe Craig was.
17         Q.   Craig Gonsalves?  Is that who you're
18    referring to?
19         A.   Yeah.
20         Q.   Other than those two people, anybody else?
21         A.   I can't think of anyone else.
22         Q.   So today all you can think of who has been
23    retaliated against is Craig Gonsalves, Randy Olson,
24    and Marquel Pea.  That's all you remember today?
25         A.   Yes.  Because no one else really talks about
0072
 1    what's going on, I guess.
 2         Q.   And I think earlier you weren't aware of any
 3    facts or -- I'll just ask the question again.
 4              Now that you said you think Randy has been
 5    retaliated against, are you aware of any facts that
 6    suggest Randy has been retaliated against?
 7              MR. KATZENBACH:  Asked and answered.
 8              MR. FRANKLIN:  I think the answer was he
 9    didn't recall.
10              MR. KATZENBACH:  I think he said yes.
11              THE WITNESS:  Again, if someone is willing
12    to come back to work, you know, you fire him?
13              MR. FRANKLIN:  Q.  Him willing to come back
14    to work, that was the answer before.  Anything else?
15              MR. KATZENBACH:  I think it's asked and
16    answered.
17              THE WITNESS:  Well, you know he ran for
18    office, you know.
19              MR. FRANKLIN:  Q.  Okay.
20         A.   It can be a lot of things.
21         Q.   Sounds like I've exhausted your memory on
22    that.
23              How about Mr. Gonsalves?  Are you aware of
24    him, any facts to suggest that he's been retaliated
25    against?
0073
 1         A.   As I recall that he had -- he was going to
 2    see his doctor, and it was hard for him to get off on
 3    trying to go see his doctor.
 4         Q.   Is this Dr. Stone or somebody else, do you
 5    know?
 6         A.   I believe it was Dr. Stone.  He's having a
 7    difficult time.  And he was reduced as a shop
 8    steward.  I mean, he was reduced -- he was -- he
 9    wasn't reduced for shop steward.  His shop steward's
10    rights were taken away.  To me that would be reviewed
11    as retaliatory.
12         Q.   UPS can't take a stop steward's rights away,
13    can they?
14              MR. KATZENBACH:  I think you asked about
15    retaliation.  Maybe you weren't specific what you mean
16    by UPS.
17              MR. FRANKLIN:  That's fair enough.  Let's
18    talk about UPS.
19              THE WITNESS:  Okay.  Let's talk about UPS.
20    They picked on his hair.
21              MR. FRANKLIN:  Q.  Do you know when this
22    happened, UPS picking on Mr. Gonsalves' hair?
23         A.   It was in '95.
24         Q.   Anything else?
25         A.   That's all I can remember.
0074
 1         Q.   Okay.  Why do you believe that UPS did these
 2    things?
 3         A.   Well, I mean, you can go around the building
 4    today.  You can see people's hair out of compliance,
 5    and they're not being reprimanded or up for discharge.
 6         Q.   I guess this is my question:  What did Craig
 7    Gonsalves do that you think made UPS angry that
 8    they're retaliating against him?  What did Craig
 9    Gonsalves do that you think they didn't like?
10         A.   My opinion?
11         Q.   Yes.
12         A.   He ran for office, and him and Randy are
13    friends and, you know, they stick together like.  They
14    been friends for years.
15         Q.   When you say run for office, he ran for
16    office as a TDU member?
17         A.   As a TDU member?  I know he ran for office.
18    I don't understand the political stuff.  Really.
19         Q.   Neither do I.  So you just know he ran for
20    office and he was a friend of Mr. Olson's?
21         A.   Yes.
22         Q.   How did you know about Greg Gonsalves' hair
23    issue?  Because you weren't a driver at the time, were
24    you?
25         A.   Later on it was brought up, and I talked to
0075
 1    him.
 2         Q.   Is that a discussion with just Mr. Gonsalves
 3    or Mr. Gonsalves and Mr. Olson?
 4         A.   Just with Mr. Gonsalves at the time.
 5         Q.   When did you have that discussion, do you
 6    remember?
 7         A.   I can't remember.  It wasn't at the time
 8    that it happened.  I don't keep up, and I thought
 9    about it, and I said, wow, that's kind of strange for
10    someone to get reprimanded for their hair.  And I see
11    all these other guys, and they're out of compliance,
12    too.
13         Q.   Did you learn about it after Mr. Olson's
14    separation from UPS?
15         A.   No.
16         Q.   Before then you think?
17         A.   Yes, a little before that.
18         Q.   How long before, do you know?
19         A.   Not that I can recall.
20         Q.   Have you ever run for union office?
21              MS. SEXTON:  What was the question?
22              MR. FRANKLIN:  Q.  Have you ever run for
23    union office?
24         A.   No.
25         Q.   Have you ever helped anybody campaign for a
0076
 1    union office?
 2         A.   No.  Let me take that out.  I was out there
 3    one time when Tom Leedham was running for Teamsters
 4    office.
 5         Q.   So you handed out flyers?
 6         A.   Yes.
 7         Q.   For Mr. Leedham?
 8         A.   Yes.
 9         Q.   And you said you don't know much about union
10    politics.  Are you a member of the Teamsters
11    Democratic Union?
12         A.   No.
13         Q.   Do you know anything about TDU?
14         A.   Do I know anything about TDU?
15         Q.   Yes.
16         A.   Not really.
17         Q.   Overall, does UPS treat you fairly?
18         A.   Oh, no.  Oh, no.
19              MR. KATZENBACH:  Do we really want to go
20    there at 4:40?
21              MR. FRANKLIN:  Sure.
22         Q.   Are you familiar with an Internet or Web
23    group called Friends of Randy Olson?
24         A.   Yes, I'm familiar with it.
25         Q.   What do you know about Friends of Randy
0077
 1    Olson?
 2         A.   Well, I'm a friend and they're on the
 3    Internet, so that's really -- only thing I really know
 4    is that because I don't have access to an Internet,
 5    it's like...
 6         Q.   Do you have any idea who composes the group
 7    Friends of Randy Olson as represented on the Internet?
 8         A.   Not really, no.  I can this and that, but I
 9    don't know.
10         Q.   Not really.  You qualified that.
11         A.   No, I can't.  I can't really -- I don't
12    know.  I don't know.
13         Q.   You have no idea?
14         A.   Because I'll be honest with you.  I'm
15    Internet illiterate.
16         Q.   Okay.  So you don't know who belongs to that
17    group?
18         A.   No, I don't know who compose the Internet.
19    That was the question you asked me, right?
20         Q.   Yeah.  There's an Internet group called
21    Friends of Randy Olson.  Do you know who that is?
22         A.   It could be a lot of people.
23         Q.   Could be a lot of people, but you don't know
24    who it is?
25         A.   I don't know.
0078
 1         Q.   Have you ever heard of a group called --
 2    it's been called a number of things, but I think the
 3    most recent is Up Sucks.  Have you ever heard of that
 4    group?
 5         A.   No, I don't.
 6         Q.   You don't know anything about Up Sucks?
 7         A.   No.
 8         Q.   Have you ever heard of that before today?
 9    And it's u-p, and the S is a dollar sign, and it's
10    u-c-k-s.  Before that, have you ever heard of that?
11         A.   I've heard of it, but I don't read about it
12    or anything.  I don't even know what it's about.
13         Q.   What did you hear about it?
14         A.   I've heard the term "up sucks."  I don't
15    know if it's a paper or what.
16         Q.   It's a publication.  It's looks like it's a
17    news publication.
18         A.   I just heard the term "up sucks," I guess.
19         Q.   Did you ever talk to Kim Marchant about
20    Up$ucks?
21         A.   I just thought it was an expression, not
22    really a newspaper or anything.
23         Q.   You never talked to Chuck Engel about
24    Up$ucks?
25         A.   No.
0079
 1         Q.   Greg Gonsalves?
 2         A.   No.
 3         Q.   Randy Olson, did you ever talk to him about
 4    Up$ucks?
 5         A.   No.
 6         Q.   Okay.  Do you know anything about
 7    The Steward Web site?
 8         A.   Yes, I know about The Steward Web site.
 9         Q.   What do you know about The Steward Web site?
10         A.   Like I said, it's something dealing with the
11    rights, the rights of a worker or something like
12    that.  That's the only thing I really know about it.
13    If I could get on line, I could do my research.  But I
14    don't know too much about the Internet.
15         Q.   When you access -- and it sounds like you
16    did know that your name was referenced on the
17    Internet.
18         A.   Yes.
19         Q.   How did you know that?
20         A.   A driver told me, actually.  I was walking
21    in the building one day, and someone said, Marquel,
22    your name is on the Internet.  What are you talking
23    about.
24         Q.   You're not involved in The Steward Web site
25    at all?
0080
 1         A.   What do you mean by involved?  I don't know
 2    anything about the Internet.  I'm telling you on the
 3    Internet I'm illiterate.
 4         Q.   Do you understand Chuck Engel is involved
 5    with The Steward Web site?  Do you know anything about
 6    his involvement with that?
 7         A.   Yes.
 8         Q.   Did you ever talk to Mr. Engel about
 9    The Steward Web site?
10         A.   No, not really.
11         Q.   Did you ever talk to Mr. Engel about what
12    type of content should be put on that Web site?
13         A.   No.
14         Q.   Now, you handed out -- I think this is --
15    did you ever talk to Mr. Engel about the Shaman's
16    Rattle?  I think that's another newsletter.
17         A.   It's, like, I don't sit there and talk about
18    who does this, who does that, who write this, what's
19    the purpose.  The only thing I know about the Shaman's
20    Rattle is when Randy's -- it was a general outline of
21    Randy's case on the Shaman's Rattle, and that's really
22    the only thing I know about it.
23         Q.   Did you look at it on the Internet, or how
24    do you know it was on there?
25         A.   What?
0081
 1         Q.   How did you know there was an outline of
 2    Randy case?
 3         A.   Because that was the flyer we passed out.
 4         Q.   You never accessed a computer and pulled up
 5    this stuff?
 6         A.   The more you talk about it, the more I want
 7    to just try to get on line.
 8         Q.   Fair enough.  We'll keep you busy
 9    afterwards.
10         A.   It's, like, wow, I didn't know it was so
11    popular.  Not like that.
12         Q.   Sounds like it may be a small circle.
13              I'm going to give you an exhibit that we'll
14    mark 199.
15                     (Whereupon, Defendants' Exhibit No.
16                     199 was marked for identification.)
17              MR. FRANKLIN:  Q.  Exhibit 199 says "Liberty
18    Mutual" addressed on the top, and it's to a
19    Ms. Latecia Hernandez regarding changing to Dr. Stone,
20    signed Marquel Pea.
21         A.   Okay.
22         Q.   Have you looked at the one we marked?  Is
23    Exhibit 199 something you drafted?
24         A.   Yes.
25         Q.   There's no date on that -- I guess there
0082
 1    is.  January of this year.  Is that accurate?
 2         A.   Yes.
 3              MR. FRANKLIN:  I'm going to hand you a
 4    document we're going to mark Exhibit 200 which is a
 5    letter to Kenny Bolton from Marquel Pea.
 6                     (Whereupon, Defendants' Exhibit No.
 7                     200 was marked for identification.)
 8              MR. FRANKLIN:  Q.  Is Exhibit 200 something
 9    that you wrote?
10         A.   Yes.
11         Q.   I don't notice a date on it.  Do you recall
12    when that was written?
13         A.   If you want to be more accurate, I can get
14    the register thing for it.
15         Q.   Do you have it here today?
16         A.   No, I don't.
17         Q.   It's close enough to ballpark it for me.
18         A.   So it's, like, yeah, I wrote this.
19         Q.   Did you write it shortly after July 14th,
20    1999?  Did you write it this year?  Looks like you
21    were at the Sunset Drive address, so you might be able
22    to date it by that.
23         A.   I wrote so many letters, it's hard for me to
24    say I wrote this on this day or that day.
25         Q.   But you moved to your new address at
0083
 1    107th Street January of this year, so it was sometime
 2    before January of this year because you would have put
 3    your most recent address on it?
 4         A.   Right.
 5         Q.   Did Mr. Engel help you write this letter?
 6         A.   No.  I even have a word misspelled in
 7    there.  It was thoroughly, and I spelled it
 8    "therally."
 9         Q.   Did anybody help you write that letter?  Did
10    you meet with anybody?
11         A.   No.
12         Q.   Now, that letter talks about harassment.
13    What are the specifics of what you are talking about
14    there?
15         A.   That's the part you asked me if I was being
16    retaliated against.  This is what I was referring to.
17         Q.   This is the Dan Kline incident?
18         A.   Yes.  Isn't that word misspelled,
19    thoroughly?
20         Q.   We all misspell things.
21              I'm going to mark another document
22    Exhibit 201, and I'm not sure where this comes from,
23    so I'm going to ask you if you know where it comes
24    from.  It says to Center from M. Pea, 10/30/97, at
25    8:23 and 27 seconds.
0084
 1                     (Whereupon, Defendants' Exhibit No.
 2                     201 was marked for identification.)
 3              MR. FRANKLIN:  Q.  Did you have a chance to
 4    look at Exhibit 201?
 5         A.   Yes.
 6         Q.   Do you know what that is?
 7         A.   I can't recall, but I remember partially of
 8    it.
 9         Q.   It looks like it's computer generated.  Is
10    that something you would have sent via computer?
11         A.   Yes.
12         Q.   Is that something you sent on the UPS
13    computer at UPS, or is it something you sent off site?
14         A.   I sent it to the DIAD board.
15         Q.   Who was the intended recipient of
16    Exhibit 201?
17         A.   Exhibit 201?
18              MR. KATZENBACH:  This Exhibit.
19              MR. FRANKLIN:  Q.  Exhibit 201.
20         A.   Well, that would be hard for me to elaborate
21    on this message here, because there has to be numerous
22    of messages before I made this comment here.  So
23    that's, like, more of a picking the needle out of the
24    haystack.  You've got to have the full content of it.
25         Q.   That's all I have here today, so my question
0085
 1    is going to be limited to the one.
 2              It says, "Why are you harassing me.  Is it
 3    because I'm black."
 4              Do you know what that is referring to?  It's
 5    10/30/97, so you had been a driver for a short
 6    period.
 7         A.   I believe this was at the time -- if I look
 8    at the date, I believe this was at the time the
 9    alleged -- when I was around the Traders incident.
10         Q.   Okay.  So you think this was related to the
11    Traders incident?
12         A.   Around that time, time frame.
13         Q.   You think this was a follow-up to the
14    discussion you had with Ms. Muniz or about the same
15    time?
16         A.   Well, I believe we had a meeting on that
17    morning.  And I think that same day -- see right
18    here?  If you look at the time, 8:23, is this
19    8:23 a.m. or p.m.?
20         Q.   I don't know.  It seems to be unclear.
21         A.   Because, see, the reason why it's important
22    is because, if I recall, 10/30/97 I believe we had a
23    discussion about an hour and a half, and this couldn't
24    be in the morning.
25         Q.   So you think this was in the evening?
0086
 1         A.   This was probably in the evening time.
 2         Q.   So if you had to speculate, you think that
 3    might have been something following up when you came
 4    back from Traders?
 5         A.   Yes, because remember I was saying it's
 6    unsafe to pick up weapons and I gave my correspondence
 7    and my reasons?  If this is 8:23:27, then that's --
 8    then how can you -- after I explained myself about
 9    working late, picking up weapons at night, and all of
10    a sudden I'm back out there again at night.
11         Q.   Are you?  I don't know.  Is that what that
12    means?
13         A.   That's what I believe this message comes
14    from.  Like I said, it's impossible for me to give you
15    a thorough thing why I said this, because this can be
16    a numerous of things.
17         Q.   Is this something that was sent from your
18    truck?
19         A.   Yes.  It's sent from my truck.  So it must
20    have been a buildup of a situation during the duration
21    of that time for me to ask that question.  So it's
22    impossible for me to give you an accurate answer when
23    I just have one page.
24         Q.   But as far as -- this sounds like you think
25    it relates to the Traders incident, and you think you
0087
 1    would have sent it from the truck?
 2         A.   Yes.
 3         Q.   You think you authored this?
 4         A.   Yes.  I think.
 5         Q.   Do you know, does UPS use military time?  Do
 6    they use military time, do you know?  Would 8:23 be in
 7    the morning?
 8         A.   Yes.  But I believe they use military time
 9    with the date.  But the thing is, is that I have time
10    cards at home where the start time has been moved, has
11    been transferred.  And you cannot -- a driver cannot
12    put in his own start time.  If you punch in, it shows
13    up.  If I show you the time cards, you'll notice on
14    the time cards that, like, for instance, they said I
15    punched in at 12:03.  Then on the leave building time,
16    I'm leaving the building at 9:14.  How can I punch in
17    at 12:00 and leaving the building at 9:14?
18         Q.   I don't know.
19         A.   So from that statement I believe that the
20    time was manipulated.
21         Q.   I'm going to mark another document
22    Exhibit 202 which is another letter to Mr. Mike
23    Kamienski.  This one is not dated.  And it's from
24    Marquel Pea.  At this time you lived at the Mary Ann
25    Lane apartment in Baypoint.
0088
 1              MS. SEXTON:  When we get to a position for a
 2    break, can we take a break?
 3              MR. FRANKLIN:  Yes.  Let's mark this and
 4    take a break.
 5                     (Whereupon, Defendants' Exhibit No.
 6                     202 was marked for identification.)
 7              (Recess taken from 4:56 to 5:05 p.m.)
 8              (Ms. Liu does not return after recess.)
 9              MR. FRANKLIN:  Q.  We just marked a document
10    Exhibit 202.  Exhibit 202 is a letter to Mike
11    Kamienski from Marquel Pea.  Is that a document that
12    you drafted?
13         A.   Yes.
14         Q.   Do you know when you drafted that document?
15         A.   Actually, no, I don't.
16         Q.   When you draft a document, do you -- I think
17    you said you didn't have a computer.  Where do you
18    usually do this?
19         A.   What's that?
20         Q.   I think earlier you said you did not have a
21    computer?
22         A.   I never said that.  I have a computer, but I
23    don't have on-line services.  For some reason I'm just
24    computer illiterate.
25         Q.   You have a PC.  You do own your own personal
0089
 1    computer.  You just don't have Internet access?
 2         A.   Right.
 3              MS. SEXTON:  Kurt, do you mind if I ask one
 4    question?  Who is Mr. Kamienski?
 5              MR. FRANKLIN:  Q.  Mr. Pea, who is
 6    Mr. Kamienski?
 7         A.   He's the manager.
 8         Q.   Center manager?
 9              MS. MUNIZ:  District manager.
10              MS. SEXTON:  Thanks.
11              MR. FRANKLIN:  Q.  I'm going to hand you a
12    document we're going to mark 203 -- strike that.
13              I'm going to hand you a document and ask you
14    to refer to a document previously marked Exhibit 182.
15    I'm going to ask the court reporter to hand the
16    witness Exhibit 182 previously marked.
17              If you could take just a minute and look at
18    it.
19         A.   Okay.
20         Q.   You don't have Internet access.  Have you
21    ever seen this document before, Exhibit 182?
22         A.   Let me read it.
23         Q.   Sure.
24         A.   Okay.  No, I haven't seen this.
25         Q.   And you wouldn't know who authored either of
0090
 1    those.  Is that safe to say?
 2         A.   No, I don't know.
 3         Q.   And there's one last document I would like
 4    to mark.
 5                     (Whereupon, Defendants' Exhibit No.
 6                     203 was marked for identification.)
 7              MR. FRANKLIN:  Q.  Exhibit 203 starts with a
 8    No. 3, "Identify the employment events that caused you
 9    to contact the EEOC."  I count it as being ten pages
10    long ending with a receipt for certified mail.
11         A.   Okay.
12         Q.   Do you know what Exhibit 203 is?  Is that
13    something you authored?
14         A.   What's that?
15         Q.   Is Exhibit 203 something you authored?
16         A.   Yes.
17         Q.   I'm going to guess.  Is this something that
18    was attached to the charge of discrimination with the
19    EEOC?
20         A.   Yes, it was.
21         Q.   I don't have any other questions on
22    Exhibit 203.
23              Have you ever talked to Mr. Olson about his
24    back injury?
25         A.   In terms of specifics and all that, no, not
0091
 1    really.  Just that he had a back injury.
 2         Q.   Do you know anything about his injury, his
 3    back injury?
 4         A.   No.
 5         Q.   Nothing.
 6         A.   I know he was injured.
 7         Q.   Do you know if Randy's injury limits what he
 8    can do physically in any way?
 9         A.   No.  No.  I'm not qualified to even answer
10    that question.
11         Q.   You don't know?
12         A.   I don't know.
13         Q.   In your friendship with Randy, has he ever
14    said to you, gee, my back hurts, something like that?
15         A.   I can't recall.  We all used to -- I mean,
16    we're all used to saying that.  Bad backs.
17         Q.   Pretty common?
18         A.   It's pretty common.  So if he said it, I
19    probably didn't pay attention to it.
20         Q.   Is it common among drivers?
21         A.   I can't answer that question unless you give
22    me information and I can say yes, it's common.
23         Q.   I guess the question is, you said we all say
24    that.  Who are your referring to as we all?  Is that
25    drivers, or what are you referring to?
0092
 1         A.   We all as people.  I remember my mother
 2    says it.  My son says it sometimes and things likes
 3    that.
 4         Q.   Did you ever talk to anybody in UPS
 5    management about Randy's back injury?
 6         A.   No.  Not to my knowledge, no.
 7         Q.   If I could have you look back at
 8    Exhibit 203, the first page, the third paragraph
 9    down.
10              It says, "On January 21st, 1998, I had
11         injured my back from picking up an irregular
12         package.  In result of my back injury I
13         could not complete the rest of my deliveries
14         (see binder under stewards route address to
15         Brotherhood of Teamster)."
16              What is the reference to binder?
17         A.   See binder?
18         Q.   Yes.  What does that mean?
19         A.   It's a binder that I mailed to the EEOC with
20    this questionnaire.
21         Q.   What was in the binder?
22         A.   Letters that I wrote.
23         Q.   Documentation?
24         A.   Yes.  And Stuart's route was the route that
25    I was driving at the time.  Now it's Lee Washken's
0093
 1    route.  I must have misspoke.
 2         Q.   There's an individual steward?  Does that
 3    mean individual steward?
 4         A.   Like Stuart's route.  I just didn't put the
 5    little thing.
 6         Q.   Apostrophe?
 7         A.   Stuart's route meaning that's his route.
 8         Q.   Is it Stuart as a person?
 9         A.   Stuart as a person.
10         Q.   Have you ever made a comment that UPS is an
11    example of corporate greed?
12         A.   Corporate greed.  I can't recollect making a
13    comment like that.
14         Q.   Do you recall ever writing or saying that
15    UPS commits crimes against humanity?
16         A.   Yes.
17         Q.   What did you mean when you said that?
18         A.   Well, it calls back of in terms of how
19    you deal with -- how management deals with
20    employees.  Even though we have a job to do, we are
21    still human beings.  It's ridiculous for me to sit up
22    here today or Randy to sit up here today and have a
23    suit against a corporation or charge against a
24    corporation, because why isn't that we cannot be able
25    to just go to our employer and express certain
0094
 1    concerns we have without going through the legality of
 2    it?  Why everything has to be ended in paper?
 3              What I mean by committed a crime against
 4    humanity, if I'm taking a step in terms of addressing
 5    concerns I have, I'm not going to say they're going to
 6    fix every little thing, but at least try to meet me
 7    halfway in that regards.
 8              And to me, when you do certain acts, the
 9    way I see it is that if this happened to you, I mean,
10    you wouldn't feel like -- you wouldn't be feeling
11    like a UPS employee or even -- you wouldn't even feel
12    human in that regard.  That's my meaning of a crime
13    against humanity.  So how can I come to work feeling
14    good about myself and feeling good about the job when
15    these things are taking place.
16         Q.   You think UPS has treated you less than
17    human?
18         A.   Yes.
19         Q.   You don't feel good about going to
20    work?
21         A.   I feel good about bringing a smile to
22    a customer's face given the opportunity to do
23    that.
24         Q.   But there are things that you believe the
25    company has done to make you feel bad about your
0095
 1    job?
 2         A.   Yes, because I'm not asking for a lot.  I'm
 3    just asking just to be treated like a human being.
 4         Q.   Have you ever talked to Randy about
 5    something called the air shuttle position?
 6         A.   You know, honestly, when you use those terms
 7    like this, it seems like I'm pretty stupid.  But I
 8    really don't know what that means.  That goes back
 9    into the language, and I don't understand all that.  I
10    don't.  I don't.  When you say air shuttle, I'm
11    thinking I don't understand a lot of -- they can say
12    that's not what it means, and the other person say
13    that's what this means, or whatever the case might
14    be.  So talking about it is like talking French to me,
15    I guess.  I don't know.
16         Q.   Do you know who Cliff Sherman is?
17         A.   Cliff Sherman?  He's someone that
18    retired.
19         Q.   Other than him being someone that retired,
20    do you know anything about Cliff Sherman?
21         A.   No, not really.
22         Q.   Do you know -- did you ever talk to Randy
23    about Cliff Sherman?
24         A.   He mentioned the name one time, one or two
25    times, but it's like...
0096
 1         Q.   Do you recall any specifics about that
 2    conversation where Randy --
 3         A.   Randy knows a lot of people.
 4         Q.   I'm just asking about one of them right now,
 5    Cliff Sherman.
 6         A.   What I'm saying is he knows a lot of
 7    people.  It's hard for me to say, oh, yeah, Randy
 8    mentioned that person's name.
 9         Q.   I'm just asking if you remember any
10    specifics about Cliff Sherman, and it sounds like you
11    remember one specific that he's a person that
12    retired.  Do you know anything else?  Do you remember
13    anything else about Cliff Sherman?
14         A.   No.
15         Q.   Do you know what job he had before he
16    left?
17         A.   No, not really.  I guess he was a driver.
18         Q.   Other than being a driver, do you know
19    anything about that position?
20         A.   I can probably think he -- I really don't
21    know.  I mean, just...
22         Q.   Do you have any idea who took Cliff
23    Sherman's position when he left, who filled that
24    spot?  Was there somebody?  You don't know?
25         A.   No.
0097
 1         Q.   Have you ever heard of a person named Jimmy
 2    Springs?
 3         A.   Jimmy Springs?
 4         Q.   Um-hmm.  Does that ring a bell?
 5         A.   No.
 6         Q.   Did you ever talk to Randy about something
 7    called an air shuttle grievance?  Granted you had some
 8    problems with the term "air shuttle," but do you know
 9    anything about a grievance Randy filed related to an
10    air shuttle?  Could be you didn't talk about it.
11         A.   You'll have to give me some time with that
12    one.  At this time I can't even recollect.  Like I
13    said, you're covering a big...
14         Q.   Do you keep diaries or binders or that type
15    of thing with regards to -- sounds like you do a lot
16    of documentation about events, and it looks like you
17    brought a personal diary here today or at least a
18    calendar.
19         A.   This is a personal diary.
20         Q.   Do you regularly keep personal diaries?
21         A.   Not anymore.
22         Q.   Not anymore, but you brought one today.  I'm
23    confused.
24         A.   The reason I brought one today is because a
25    situation occurred that I just found it quite strange,
0098
 1    if you want to hear about it.
 2         Q.   What situation?  Why did you bring one
 3    today, I guess?
 4         A.   Well, you know, I went to use the restroom
 5    on the 23rd floor.  And so when I used the restroom, I
 6    came back out.  And the receptionist said Susan is
 7    looking for you downstairs in the lobby.  And I said
 8    okay.  Well, I said, what is she wearing?  She's
 9    wearing, like, a lime green dress.  I said, okay.  So
10    when I was in the elevator, I started thinking to
11    myself, now, why would the receptionist send me down
12    to a lobby and she's the one that let me in the
13    bathroom.  How come she didn't tell Susan I was in the
14    bathroom and just wait for me right there.  That was
15    kind of like being disrespectful sort of having me go
16    downstairs in the lobby.
17         Q.   Did you buy that today?
18         A.   Yes.
19         Q.   While we were on break, you bought it and
20    made some notes in it.  And that's what you wrote in
21    there today related to that?
22         A.   Yes.
23         Q.   You thought it was strange?
24         A.   The receptionist could have told her that I
25    was in the bathroom.
0099
 1         Q.   Other than today, when did you stop making
 2    notes in diaries?
 3         A.   When did I stop?  Well, I can't pinpoint
 4    that date, but what occurred to me is that I cannot
 5    stop what's taken place.  I can take all the notes in
 6    the world.  I can address all the issues and
 7    legitimately and discuss.  If you're in the realm of
 8    someone going to eliminate you or just fire you,
 9    there's nothing basically that I can do.  So I just
10    basically put -- I just put it in the hands of God.
11    That's the only thing I have.
12         Q.   Do you still have any binders or diaries?
13    You said you sent a lot of communication related to
14    your concerns about UPS.  Do you still have that
15    communication?
16         A.   My hard drive went out so I lost a lot of
17    documentation.  And I have some documentation, some
18    documentation for it.
19         Q.   You keep that together someplace?
20         A.   Yes.
21         Q.   How about calendars?  Do you keep that type
22    of thing?
23         A.   Well --
24         Q.   If you had an appointment, would you mark
25    that on the calendar?
0100
 1         A.   I don't keep calendars.  Like I said, I have
 2    to trust God.  There's nothing I can say.  There's
 3    nothing I can do.  I did all I can do as a human being
 4    to express my concerns.
 5         Q.   How do you know -- how did you know when to
 6    show up today?  Do you have a calendar at home, or how
 7    does that work?
 8         A.   Well, I read my subpoena.
 9         Q.   Okay.
10         A.   To be honest with you.
11         Q.   So you don't keep a calendar?
12         A.   No.
13         Q.   Okay.  I guess the last -- very close to one
14    of my last questions.  If you could look back at
15    Exhibit 203, was that something you wrote all by
16    yourself on your own hard drive, or did somebody help
17    you put that together?
18         A.   The last what?
19         Q.   Exhibit 203, just the whole document.
20         A.   The whole document?
21         Q.   The whole document.
22         A.   Yes, I did have help.
23         Q.   Did Mr. Engel help you?
24         A.   No, God helped me.
25         Q.   Other than God or a higher source, did
0101
 1    anybody else help you write that document?
 2         A.   That's it.
 3         Q.   Just God?
 4         A.   Just God.
 5         Q.   So is it safe to say that Greg Gonsalves and
 6    Mr. Katzenbach and Mr. Olson are not God, that I'm
 7    aware of, so they didn't help you?
 8              MR. KATZENBACH:  Speak for yourself.
 9              THE WITNESS:  It's just -- no, I just wrote
10    this.
11              MR. FRANKLIN:  Okay.  I don't have any other
12    questions subject to anything raised by the other
13    attorneys.  I would ask that you maintain your
14    documents in case we decide to subpoena them for
15    trial, the documents that you referenced.  I ask that
16    you do maintain them related to this case and your
17    concerns.  So I'm just asking you to hold onto those.
18              MS. SEXTON:  Do you want to go next, Chris?
19              MR. KATZENBACH:  Sure.
20                EXAMINATION BY MR. KATZENBACH:
21              MR. KATZENBACH:  Q.  I'd like you to just
22    take a look at Exhibit 203.  That's the last one you
23    were looking at.  And look at the second page and last
24    paragraph on that page.  I think the first part of
25    that refers to the exhibit where Mr. Kline made a
0102
 1    comment.  You see that?
 2         A.   Yes.
 3         Q.   All right.  Mr. Olson, just a couple of
 4    things I don't think we covered in some of the
 5    questioning.  First of all, let me read that into the
 6    record.
 7              MS. SEXTON:  Objection.  The document is in
 8    the record.
 9              MR. KATZENBACH:  I'm still reading into the
10    record, and you can object if you want to.
11              MS. SEXTON:  At 5:30 we're going to read the
12    document into the record?
13              MR. KATZENBACH:  Yes.
14              It says, "On July 13, 1999 Tuesday
15         morning I was helping out a friend by
16         passing out flyers about his case.  (Website
17         HTTP//WWW DOT EBBIR Net Olson/Friends HTML)
18         Dan Klein my former supervisor past by me
19         and Randy.  Randy asked Dan did you want a
20         copy of the flyer.  Dan looked at us both
21         and abruptly, 'I'm management and your the
22         enemy.'"
23         Q.   Now, just a couple of items on that.  What
24    was Mr. Kline's -- you indicated he was a former
25    supervisor.  Do you know the position he had at the
0103
 1    time he made that comment?
 2         A.   He was a supervisor.
 3         Q.   Do you remember if he was with management at
 4    UPS?
 5         A.   Yes.
 6         Q.   Would you describe his attitude when he made
 7    that comment?
 8         A.   It was very -- I was shocked.  I couldn't
 9    believe he would just blatantly just say it.  He
10    looked very angry.
11         Q.   Did it appear to you he was making a joke or
12    anything like that?
13         A.   No.
14         Q.   Now, have you ever heard Mr. Marty Frates
15    from Teamsters Local 70 make any comments about Randy?
16         A.   Yes, I did.  This one comment he referred --
17    Mr. Frates referred to Randy as a fat, sloppy pig.
18         Q.   And do you recall when that was?
19         A.   No, but I remember him saying that.
20         Q.   Do you recall -- do you recall how long ago
21    it was?  A year?  Two years?  Three years?  Four
22    years?
23         A.   Roughly speaking, about three years.
24         Q.   Three years ago?
25         A.   Yes.
0104
 1         Q.   And do you know why --
 2              MS. SEXTON:  Objection.
 3              MR. KATZENBACH:  Q.  Do you know what was
 4    happening at the time Mr. Frates made that comment?
 5         A.   Randy's name was mentioned by another
 6    driver, and he said something.  And that's the only
 7    terms that I heard, and I was, like, wow.
 8         Q.   Do you know what the other driver said about
 9    Randy or was saying about Randy?
10         A.   No.
11              MS. SEXTON:  Could I have the answer read
12    back?
13              (Record read.)
14              MR. KATZENBACH:  Q.  So you heard Mr. Frates
15    make this response, his comments in response to
16    another driver's statement concerning Mr. Olson?
17         A.   Yes.
18         Q.   Do you know who was that other driver?
19         A.   I believe it was Jacques.
20         Q.   Do you know his last name?
21         A.   All I know is Jacques.
22         Q.   Do you know what Jacques said about Randy?
23    Do you recall that?
24         A.   No, because at the time I was just doing
25    paperwork, and, you know, they were talking, like,
0105
 1    more in a conversational thing.  And that's when I
 2    heard Randy's name.  And, like, all of a sudden that
 3    term came out, and that's the only thing I can gather
 4    from that conversation.
 5         Q.   We may need to make some additional copies
 6    of these, but we will have these marked as Exhibit 204
 7    and 205.  This one will be marked 204.  Maybe we can
 8    make some additional copies.
 9                     (Whereupon, Plaintiff's Exhibit No.
10                     204 was marked for identification.)
11              MR. KATZENBACH:  I'm showing the document to
12    him that's been marked Exhibit 204.
13         Q.   And do you recognize that document?
14         A.   Yes.
15         Q.   And did you receive that letter?
16         A.   Yes.
17         Q.   And is that a letter you received?  Is that
18    Mr. Frates's signature, as far as you're aware?
19         A.   Yes.
20         Q.   And is that on the letterhead of Teamsters
21    Local 70?
22         A.   Yes.
23         Q.   In that document Mr. Frates states, second
24    paragraph, "You have called yourself a sheep.  I
25    suggest you find another flock to follow."
0106
 1              Do you know what Mr. Frates was referring
 2    to?
 3         A.   He could be referring to me as to go follow
 4    the Randy Olson crew or something.  Or he could
 5    refer --
 6              MS. SEXTON:  Objection.  Maybe you could
 7    rephrase the question.
 8              MR. KATZENBACH:  Sure.
 9         Q.   That letter is dated October 21, 1999.  At
10    that time, were you associated with Randy Olson, Greg
11    Gonsalves, and others?
12         A.   Yes.
13         Q.   And were you active in supporting Mr. Olson
14    at that time?
15         A.   Yes.
16              MR. KATZENBACH:  That's all I have on that
17    one.  If you could show him the next one.
18                     (Whereupon, Plaintiff's Exhibit No.
19                     205 was marked for identification.)
20              MR. KATZENBACH:  Q.  I'm showing you what's
21    been marked as Exhibit 205.  Did you receive a copy of
22    that document?
23         A.   Yes.
24         Q.   For the record, I'll identify this on the
25    letterhead of Van Bourg, Weinberg, Roger & Rosenfeld
0107
 1    addressed to Marquel Pea and signed, apparently, by
 2    David A. Rosenfeld.
 3              Did you receive that document?
 4         A.   Yes, I did.
 5         Q.   In that document there's a reference to
 6    taking legal action against you?
 7         A.   Yes.
 8         Q.   Did Local 70 or Mr. Frates ever file any
 9    legal action against you?
10         A.   No.
11         Q.   When you received Exhibit 205, how did that
12    make you feel?
13         A.   It made me feel like I can't speak my mind.
14    And if I speak my mind, this is what was going to
15    happen.  I'm going to go to court.
16         Q.   Did you feel intimidated by that?
17         A.   Yes, I did.
18         Q.   At any time did Mr. Frates or Mr. Rosenfeld
19    ever tell you they would retract the statements made
20    in Exhibit 205?
21         A.   This is the only thing I received, and they
22    never took action, never retracted the letter or
23    anything.
24              MR. KATZENBACH:  I think that's everything I
25    have.
0108
 1              MS. SEXTON:  Can we confer for a minute?
 2              MR. FRANKLIN:  Yes.
 3              MS. SEXTON:  One-minute break.
 4              (Recess taken from 5:45 to 5:53 p.m.)
 5              MR. KATZENBACH:  Q.  Mr. Pea, were you a
 6    member of the NAACP lawsuit?
 7         A.   Yes, I was.
 8              MR. KATZENBACH:  Thank you.  That's all.
 9              MR. FRANKLIN:  Actually, I just have a
10    follow-up with that.
11             FURTHER EXAMINATION BY MR. FRANKLIN:
12              MR. FRANKLIN:  Q.  Did you opt out of the
13    class, or were you a member of the class, or do you
14    know?
15         A.   I'm a member of the class.
16         Q.   But you weren't a driver at the time, were
17    you?
18         A.   Was I a driver at the time?
19         Q.   Yeah.  Do you remember if you were a driver
20    at the time?
21              MR. KATZENBACH:  What time?
22              MR. FRANKLIN:  Q.  At the time the NAACP
23    lawsuit was filed.
24         A.   No disrespect, but correct me if I'm wrong.
25    The suit itself was just towards part-timers who are
0109
 1    violated in retrospect to the settlement.  I was a
 2    driver, but I guess they found some findings in
 3    there.  I became a member of the class.
 4         Q.   Other than being a member of the class, did
 5    you attend any meetings related to that?  You didn't
 6    attend any meetings related to that?
 7         A.   No.  I didn't attend.  Attended one and that
 8    was it.
 9         Q.   What meeting did you attend?
10         A.   I can't recall the exact date, but it was
11    when the things was getting -- it was to the point
12    that the settlement was getting ready to settle, and I
13    guess the lead attorneys representing us was
14    explaining to us why they thought this was whatever.
15         Q.   So there was one meeting you attended?
16         A.   Yeah.
17              MR. FRANKLIN:  I don't have any other
18    questions.
19              MR. KATZENBACH:  Does the union have any
20    questions?
21              MS. SEXTON:  Maybe just one.
22                  EXAMINATION BY MS. SEXTON:
23              MS. SEXTON:  Q.  Mr. Pea, you had stated
24    that you're currently not working, and I believe it's
25    correct that you're not working due to an injury,
0110
 1    correct?
 2         A.   Yes.
 3         Q.   And it's not related to any of the discharge
 4    or discipline that's been issued to you?
 5         A.   No.
 6         Q.   Okay.  Thank you.
 7            FURTHER EXAMINATION BY MR. KATZENBACH:
 8              MR. KATZENBACH:  Q.  I'm just trying to
 9    figure out how to phrase it.  You talked -- just to
10    follow up on it, you talked about a number of
11    discharge letters you got?
12         A.   Yes.
13         Q.   In any of those discharge letters, did they
14    actually take you off the job?
15         A.   When they concluded about the safety issue,
16    they concluded take a two-day suspension.
17         Q.   But prior to that two-day suspension, had
18    you actually been taken off work?
19         A.   Because of my initial discharge.
20         Q.   When they gave you an initial letter of
21    discharge, did they take you off the job?
22         A.   No.
23         Q.   Is it standard practice at UPS that you get
24    a discharge letter, but you still keep on working
25    until that letter is resolved?
0111
 1         A.   Correct.
 2              MR. KATZENBACH:  That's all I have.
 3              MR. FRANKLIN:  I don't have any other
 4    questions.
 5              MR. KATZENBACH:  All right.  Are we done?
 6              MR. FRANKLIN:  We're concluded.
 7              (Whereupon, the deposition was
 8              concluded at 5:50 p.m.)
 9                                --- o0o ---
10
11
12
13
14
15                           MARQUEL PEA
16
17
18
19
20
21
22
23
24
25
0112
 1         I, JOAN T. GRIER, a Certified Shorthand Reporter
 2    duly licensed by the State of California, do hereby
 3    certify:
 4         That MARQUEL PEA, the witness in the foregoing
 5    deposition, was by me duly sworn to testify the truth,
 6    the whole truth and nothing but the truth in the
 7    within-entitled cause;
 8         That said deposition was reported at the time and
 9    place therein stated by me and thereafter transcribed
10    under my direction; that when so transcribed, the
11    witness was given a reasonable opportunity to read,
12    correct and sign the deposition.
13         I further certify that I am not interested in the
14    outcome of said action, nor connected with, nor
15    related to any of the parties in said action or to
16    their respective counsel.
17         IN WITNESS WHEREOF, I have hereunto set
18         my hand this 11th day of May, 2000.
19
20
21
22
23
                  CERTIFIED SHORTHAND REPORTER
24                    Certificate No. 8958
                       State of California
25
0113