ML20113E389

Discusses Licensee Failure to Post Secretary of Labor Decision & Deception of DOL Re Successorship to Ebasco

ML20113E389
Person / Time
Site:	South Texas
Issue date:	05/11/1996
From:	Slavin E AFFILIATION NOT ASSIGNED
To:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
Shared Package
ML20113E382	List: ML20113E389
References
NUDOCS 9607050292
Download: ML20113E389 (21)

Text

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Liay 96 12:30P EDWARD A.

SLAVIN, JR.

954 725 0098 P.01 EDWARD A. SLAVIN, JR.

35 SE Sth Terrace Deerfield Beach, Florida 33441 (954) 725-0094 May 11, 1996 Hon. Shirley Jackson, Chairwoman, Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20852 Via Fax Res Tha=*a H.

Smith v. FRASCO Constructnri, DOL No. 93-ERA-16:

Deception of DOL Regarding Successorship to EsASCO and chilling Effects on Workers at South Texas Plant of Failure to Post Secretary of Labor Decision or Punish Those Found Guilty of Intimidation and Harassment of Mr. Smith Twenty pages follow 9607050292 960625 PDR ADOCK 05000498 H

PDR

i i

+1ay 96 12:31P EDWARD A.

SLAVIN, JR.

954 725 0098 P.01 j

l EDWARD A.

SLAVIN, JR.

35 SE 8th Terrace Deerfield Beach, Florida 33441 (954) 725-0094 May 11, 1996 1

l Hon. Shirley Jackson, Chairwoman, Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20852 Via Fax Re: Thn==s H.

Smith v.

En1Eco constructors, DOL No. 93-ERA-16:

Chilling Effects on Workers at South Texas Plant, Failure to Post Secretary of Labor Decision, and Deception of DOL Regarding Successorship to EsASCO

Dear Dr. Jackson:

I am the attorney for Mr. Thomas H.

Smith, who won a landmark Secretary of Labor decision in his favor on March 13, 1996.

Chilling effects continue at the South Texas Plant.

i Workers fear to raise nuclear safety concerns.

Nothing has changed.

What is NRC going to do about it?

i Meanwhile, it appears that EBASCO lawyers in Texas and New York deceived the Secretary of Labor in order to let Raytheon escape DOL whistleblower remedies, such as the Secretary's order to post copies of the Secretary of Labor decision at the South l

Texas Plant.

The decision is still not posted at the South Texas Plant, although EBASCO's work has been taken over by Raytheon.

l It appears that Raytheon constructed its acquisition to leave ESI with certain " assets" and " liabilities," including litigation Raytheon did not want.

This artifice r auld not be allowed to trump Mr. Smith's rights to have the Secretary of Labor decision posted at the South Texas Plant, as ordered by Secretary Reich.

Please order the NRC staff to investigate and j

let us know the results.

I Enclosed in supporr are a letter that I sent Raytheon i

i counsel today, requesting that Raytheon post the decision, and related DOL filings from tnIO past week.

Mr. Smith and I look forward to hearing from you.

With kindest regards, I am, i

er o rs J

cc: Mr. Thomas H. Smith

May-11-96 12:31P E C'.! ARD A.

SLAVINo JR.

954 725 0098 P.02 EDWARD A.

SLAVIN, JR.

35 SE 8th Terrace l

Deerfield Beach, Florida 33441 (954) 725-0094 May 11, 1996 Mr. Woods Abbott, Esquire Office of General Counsel Raytheon Corporation 141 Spring Street Lexington, Massachusetts 02173 Via Fax Re: Thn==s H.

Emith v. EBASCO Constructors, 93-ERA-16 :

Dear Mr. Abbott:

I' received your voice mail message from yesterday afternoon, disassociating Raytheon Corporation from Mr. Callan's conduct on May 8, 1996.

Thank you.

I look forward to talking with you further on Monday about this landmark nuclear whistleblowar case, on remand from the Secretary of Labor for a hearing on repedies.

Mr. Smith and I both understand and appreciate that Raytheon may not have purchased "all" of the EBASCO assets.

Yet Raytheon continues EBASCO's business, both at the South Texas Plant and in the rest of the world, and tells the world about it.

Egg Raytheon's Home Page and other postings on the World Wide Web:

1 During 1993, Raytheon Engineers and Constructors acquired j

the infrastructure, power and construction opsrations of Ebacco Services, Inc.

San Raytheon Engineers and Constructors' current World Wide Web Home Page (Exhibit 1, enclosed)(Emphasis added).

.taytheon continues EBASCO's " power and construction operations" at the South Texas Plant (STP).

This entitles Mr. Smith to posting of the Sec-9tary's decision by Raytheon there at STP.

ENSERCH's Ms.

Ginsbur,. (at best) seriously misrepresented the facts to Secretary Reich in a December 2, 1994 letter to Mr. Gresham Smith, then Acting Director of DOL OAA, stating that:

EBASCO Services Incorporated sold substantially all of its assets on\\ December 22, 1993 and ceased to be engaged in the engineering and construction business.

l Nothing was ever mentioned by Mc. Ginsburgh about Ray ' eon. Why?

)

Nor was Raytheon mentioned by Ms. Ginsburgh's predeces.or in this l

case, Ms. Karen Geraghty in her letter.

Why?

Did material misrepresentation euchre Secretary Reich into substituting i

something called "ESICORP" for EBASCO as the lead Respondent, because of Ms. Ginsburgh's nat. identifying Raytheon? The ESICORP letters are a possible badge of fraud, which could have deprived i

Mr. Smith of DOL remedies: posting Secretary Heich's decision at l

l

May-11-96 12:31P EDWARD A.

SLAVINo JR.

954 725 0098 P.03 STP.

Mr. Smith asks Raytheon to kindly post a copy of Labor Secretary Reich's decision of March 13, 1996 at STP promptly.

Raytheon has not yet posted the decision at STP.

Why not?

Was Raytheon ever informed by ESICORP/ENSERCH/ Lone Star Gas of the decision, discussing misconduct by persons who are now Raytheon managers and supervisors?

If not, why not?

i Posting the decision at STP will help remove the chilling effects of EBASCO's cruel mistreatnent of Mr. Smith, which Secretary of Labor Robert Reich has condemned in clear and unmistakably blunt terms. Egg Smith v.

ESICORP_. Inc.

f/k/a EBASCO Services. Inc., 93-ERA-16 (March 13, 1996), slip op. 8-11, 23-29, regarding the elements of a hostile working environment in a nuclear powerplant.

"Any reasonable employee concerned in the least with nuclear safety woald have found" EBASCO's intimida*. ion and harassment of Mr. Smith to be "of fensive."

Id, Sec'y slip op, at 26.

Mr. Suith's concerns focused on dangerous scaffolding that could kill and maim workers and cause damage to the nuclear 1

powerplant.

EBASCO's intimidation had serious effects on safety:

The destructive impact on such harassment, created and/or condoned by management, on the workplace environment is apparent.

It is tantamount to intimidation, having a i

i chilling effect on open communication between ERASCO employees and the NRC, and counteracts the purpose of the ERA.... Any reasonable employee would have... perceiv[ed]

additional retaliation.

Id. 26-27. (Emphasis added).

Harassment by EBASCO at STP was "suf ficiently severe or pervasive as to alter the conditions of his employment and create a hostile work environment."

Id. at 26-27.

It matters not that EBASCO managers thought the intimidation was humorous.

EBASCO management, "had nchico and did not attempt to remedy the abuse. Instead, they laughed about it." Id. (Emphasis added).

Current Raytheon personnel still working at STP were involved in posting the large color cartoons mocking Mr. Smith's reports to the NRC, posting them upon a management drawing board for all to see.

Will those personnel receive coaching, counseling, sensitivity training and/or disciplinary actions?

In short, may Mr. Smith " expect great things" from Raytheon?

Egg Raytheon Home Page on World Wide Web (Exhibit 2).

Mr. Smith requests prompt posting of the March 13, 1996 decision by Raytheon at the South Texas Plant.

Otherwise, Mr.

Smith requests that Raytheon promptly:

(A) answer the discovery requests served May 8, 1996; and (B) answer the motions, e.g. to add Raytheon as a party and to shorten time for responding to discovery.

2

Nay-11-96.12:32P EDWARD A.

SLAVIN, JR.

954 725 0098 P.04 i

l l

Please let me know Raytheon's intentions as soon as possible on Monday morning so that Mr. Smith and I can decide whether to call l

for a conference call and ask for subpoenas for ranagement personnel to testify at trial regarding the-RaytLaon takeover of EBASCO.

With kindest regards, I am, I

in r

)

i a

J x scnoial;le Jrnes W. 4. err, Jr, Administrative La A.cge

\\4r. ~nomas H. Sr.m t,rcracle Dr. Shirey.:acsson, Ct aewoman, NRC

% 'homas M. Calla, Esquire Vs A,ce R... Girturgn. Escuire j

-onorabie R. tert Ree, Esamre. Secretary of Labor

-onoratie L) avid A. C' Boon, Esqu.re

-onoratJe.loyce Claro. Esqu.re i

i CERTiflCATE OF SERVICL

. cdwsd A $lavin, Jt co hereby certify 19at the toregoing document was faxed and mailed as fo :ovo dis 11th d4y of May 1996, a'ong l

l c :cpy of 19e 'ax :cwr sheet to DOL t!eadvarter I

l

%. Wacds Aboett, Escuire Cf'ite of Gereta Counsel

4ytean Cor;vatm

~41 Sor.ng Stree:

, cisn;ran. Masuchinetts 02773 (617) 860 269'i or (61/) 860-2172 (fax). (617) 6604435 tvoicei W, f no ias M. Caf.ar, Esquire Ms Ake R L. Cinsturg1 Lsqu re 3JJ Sou'n St. PaJl te 450 E0 Calm. Texas 752W s214) 670/1919 it:x)

-ar..'ames W te, J.-

A$"itinstadve Law sucge L.S. Department of Labos

• 1: Ve'.erans Me n. Bivd, Sate 530

' Arnie..ouisisia 70C05 (504: $e'3-6768 car) l I!c';. Ddvid 03riert, iscus c j

Vs.lofta C aro. Esauire

+;roraole A; tert Reich Secetary of Labor Mr*i1151 OVf keview deard Deca 1mert of L abor j

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toay 96 12:32P EDWARD A.

SLAVIN, JR.

954 725 0098 P.05 Pace i R:nthcon Engmeers & Constructors Overview RayHeeen Engineers &

Constructors Engineering and Construction Rat 1heon Engineers & Constructors is one of the largest engineenng. construction and operations and nunatenance ore.mi/aisons m the world, with more than 15.000 employees It offers a full range of program management capabthties.

mJudmg project planning, finaILn3p22 LGvpmwi, engincenng design. construction start-up, operations. and m:iintenay senices.

Rathcon Engmeets t C'.structors' diverse markets includelnssil and nucleargwer; pctroleum and gas, poly mers and chemicals pharmaceuticals and biotechnology; metals, muung, and hgilt mdustc). food and consumer products; environmental senices mcludmg chemical munitmns destruction. infrastnicture and transpor1anm test rangc. base. and facihues managemeat and m:untenance..md att traffic control support se "

I Ray theon Engineers & Constructors was formed it 1991 tt ough the consohdation of Raytheon's United Engmeers &

l Constructors and The Badger Compimy subsidiaries. a ong wnh Raytheon Seruce Company and Cedatapids. Inc Dunng 1993 d

i f Ebasco Semccs, I_nc., as t

,Rjcon Engineers & Constructors acquired the mfrastructure power. an construction operat ons o wcil as assets of Gibbs & Hui aftTIIar5iit tonsuuvuva unnriny m aulyTr%;-RE&epcTcthd mc assi;Ts M HoustEn-based I

Lunta Engineers & Constructors, adding to the company's refining. petrochemical. polymer. Specialty chemical and cm ironmental capabihtics L-R.ioneon Engineers & Constructors is also one of the nation's Icadmg screcrnment icchnical contractors It p and mamtenance services for many entical U.S defense systems. mcludmg SSPARS and BMEWS carly warnmg sadars. the U < Air Forec's Eastern Test Range; and the Army's Kwajalcin Missile Range in the Pacific Ray 1heon also provides technical suppon senices to the Federal Aviation Adnunistration The comp;my o!Ters rock crushing. asphalt nuxing. and asphalt-pavmg equipment under the Ccdarapids name to customers m the US and mternauonally. It also markets on-site remediation systems that nd soil of gasohne and diesel fuel contanunants.

j elmnnanng the need for transportation to remote cican-up locations LOCATIONS Em:incering and Constructinn 03thcon Engineers & Constnictors.Lexington Mass (headquaners)

Ornecs in Santa Ana. Cahf. Demer. Colo.; Tampa. Fla ; A'!anta. Ga ; Cambridge. Mass.. New York Cuy. Philadelphia. Pcnn,

lionston. Teus. Bellevue Wash ; London. England, and The Hague. The Netherlands Harbert Yeargin,Inc.. Greenville. S.C.

Ra3theon Constructors,Inc.. Lsndhurst. N J

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redarapids. Inc.. Cedar Rapids. Iowa Ra3 theon Ser ice Company. Burhngton. Mass.

0 E) HDSONl C.hck here to return to the home page I.ast updated. February 1996 Copy nyht r 1996 Rapheon Company All rights resersed

foay-11-96 12:32P EDWARD A.

SLAVIN, JR.

954 725 0098 P.06 PaceI Raaheon Home Page EXPE T GREATTHINGS

~

m,4I h-z Welcome to Raytheon Company's Home Page r ca R.iythcon Company, headquartered in Lexington, Mass. is a $ 12 bilhon international. high technology company whi;h operaics m lour bosmesses commercial and defense clectroiucs. engineering and constructmn, aviation. and major appliances R.nihcon is plc.ised to report that zis home page has becii rated among the top fhe percent of all sites on the Internet by Pomt Sun e)

Neus 1 lash A Stalcincnt of intent for the Medium Extended Air Defense System was signed b Germany, Italy and the Umted 3

Siaes Wii onr SIVAM Home Page Ra3 theon - Os en iew Ray theon - International Oscrsiew Ra3theon - Key Business Areas Ra3 theon - Sharcholder Information Ra3theon - Press Reicaws Ray theon - Scw s Flash R.iy thcon - Historical Perspectis c Raytheon - Locatiom Ra3theon - Employment Opportunities Ncus media that would hke more informaaon can contact Corporate Commumcations b r pubhc mqmrtes please ull Soh-440-21(Mt or send em.nl to webmaster a raytheon com Lt.st updated May 10.1996 Cep3richt r 1996 Raytheon Company. All rights resencd EXHIBIT I

Z L

May-11-96 12:32P EDWARD A.

SLAVINo JR.

954 725 0098 P.07 l

\\

l l

EDWARD A.

SLAVIN, JR.

l 35 SE Sth Terrace l

Deerfield Beach, Florida 33441 (954) 725-0094 FAX COVER SHEET May 11, 1996 Hon. David O'Brien, Esquire l

Ms. Joyce Claro, Esquire Honorable Robert Reich, Secretary of Labor 202-219-9315 Re: Zhemas H.

Amfth v. ERASCO Constructors, 93-ERA-16 URGENT FYI: it now appears that you were intentionally deceived f

about the current ownership of EBASCO, whose successor is in fact Raytheon, the Nation's 107th largest corporation, with $12 l

billion in annual sales.

Mr. Smith has taken the matter up in front of the ALJ by motion, RDO to seeking to add Raytheon as a party in the ALJ's next assure that the Secretary's decision is posted at the plant as ordered and intended by the Secretary, in Mr. Todd Smyth, Esquire, DOL OALJ cc:

5 pages follow I

B

~

1 i

May-11-96 12:33P EDWARD A.

SLAVINo JR.

954 725 0098 P.08 l

EDWARD A.

SLAVIN, JR.

35 SE 8th Terrace Deerfield Beach, Florida 33441 (954) 725-0094 May 8, 1996 Hon. James W.

Kerr, Jr.

Administrative Law Judge U.S. Department of Labor 111 Veterans Mem. Blvd, Suite 530 Metairie, Louisiana 70005 Via Tax Re: Tha-=a M.

$=ith v.

reacco constructors, 93-ERA-16 Motion to Amend Caption Motion to Shorten Time For Short Interrogatories j

j

Dear Judge Kerr:

j Enclosed is Mr. Smith's Motion to Amend Caption and Motion to Shorten Time for Short Interrogatories.

The Smiths and I look forward to the hearing on May 28, 1996.

With kindest regards, I am, 3

Sin y.

s, S1 n'

Jr.L l

i i

cc: Mr. Thomas H. Smith Mr. Thomas M.

Callan Esquire Ms. Alice R.L. Ginsburgh, Esquire Enclosures

l Nay-11-96 12:33P EDWARD A.

SLAVIN, JR.

954 725 0098 P.09 BEFOAE THE UNITED STATES DEPARTMENT OF LABOR OFFICE OF ADMINISTRATIVE LAW JUDOES THOMAS H.

SMITH

)

Complainant,

)

)

)

v.

)

EBASCO CONSTRUCTORS, INC.

) No. 93-ERA-16 Respondent.

) Hon. James Kerr CCMPLAINANT'S MOTION TO AMEND CAPTION l

Complainant moves to amend the caption in this action to substitute Raytheon Corporation for ESICORP as the lead respondent in this action.

Despite the Secretary's order in this landmark hostile working environment case, the Secretary's Decision and Order of Remand has not yet been posted at the South Texas Plant.

ESICORP is a hollow corporate shell, a shallow pocket assigned some of the liabilities of EBASCO as part of the acquisition of EBASCO by Raytheon.

The caption should be amendsd to name Raythaon to assura that posting requirements (and other remedies) are carried out, to help end chilling effects on workers at the plant created by Respondents' hostile working environment directed at Mr. Smith.

Testimony at the hearing will show that Raytheon is the company conducting the day-to-day business at the South Texas Plant forperly conducted by EBASCO.

Under the Secretary of Labor's decision in Rowland v.

Easy Rest

Beddina, inc., 93-STA-19 (Sec'y Nov. 21, 1904), the Secretary

'(

announced nine factors relevant to determining successorship and successorship liability in labor-related cases, to wit:

May-11-96 12:33P EDWARD A.

SLAVIN, JR.

954 725 0098 P.10 whether the successor company had notice of the 1,

charge; 2.

the ability of the predecessor to provide relief; 1

l 3.

whether there has been substantial continuity of business operations; whether the new employer uses the same plant; 4.

whether the new employer uses the same or substantially the S.

same work force; whether the new employer uses the same or substantially the 6.

i same supervisory personnel; 7.

whether the same jobs exist under substantially the same

)

working conditions; Whether the new employer uses the same machinery, equipment 8.

and methods of production, and whether the new employer produces the same products.

9.

SER A122 Secretarv of Labor on hahalf af Keene v.

Mullins, 888 F.2d 1448, 1453-54 (D.C. Cir. 1989); EEOC v.

MacMillan Bloedel containers. inc., 503 F.2d 1086, 1094 (6th Cir. 1974).

Therefore, Mr. Smith respectfully requests that Raytheon be named as the lead Respondent in the ALJ's Recommended Order upon Romand and that Raytheon be required to comply with the posting requirements set forth in the Secretary of Labor decision dated l

March 13, 1996 and the Secretary's Final Order, as well as assuming financial responsibility for any judgment beyond the 5

resources of ESICORP.

2

l May-11-96 12:33P EDWARD A.

SLAVIN, JR.

954 725 0098 p,11 I*

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JR.

35 SE 8th Terr eFlorida 33441 Deerfield Bea (954) 725-0094 COUNSEL FOR COMPLAINANT THOMAS H. SMITH l

MAY 8, 1996 CERTIFICATE OF SERVICE I,

Edward A. Slavin, Jr. do hereby certify that the foregoing document was faxed and mailed as follows this 8th day of May 1996:

i l

Mr. Thomas M.

Callan, Esquire l

Ms. Alice R. L. Ginsburgh, Esquire l

300 South St. Paul Suite 450 EC Dallas, Texas 75201 (214) 670-2919 (fax)

Hon. James W.

Kerr, Jr.

Administrative Law Judge U

.f ep tment of Labor l'1 et s

e Blvd uite 530 et r'

L u sian.

5 (504) 589-6268 (fax)

A G, JrJg.

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4

fiay-11-96 12:33P EDWARD A.

SLAVINo JR.

954 725 0098 P.12 BEFORE THE UNITED STATES DEPARTMENT OF LABOR OFFICE OF ADMINISTRATIVE LAW JUDGES

)

THOMAS H.

SMITH

)

Complainant,

)

)

v.

i

)

EBASCO CONSTRUCTORS, INC.

) No. 93-ERA-16

/

) Hon. James Rerr Respondent.

COMPLAINANT'S MOTION TO SHORTEN TIME FOR SHORT REQUESTS FOR ADMISSIONS, INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS '

i Complainant moves to shorten time for answers to the following short interrogatories, such that answers are faxed or Smith's counsel in a manner that sent by Federal Express to Mr.

will assure receipt before May 25, 1996.

REQUESTS FOR ADMISSIONS Raytheon had notice of the complaint in this case.

1.

EBASCO no longer exists as a going concern and has no funds 2.

to pay judgments.

There has been substantial continuity of business operations 3.

between EBASCO and Raytheon at the South Texas Plant.

Raytheon still conducts business at the South Texas Plant 4.

that was formerly conducted by EBASCO.

Raytheon uses the same or.substantially the same work force 5.

that EBASCO used at the South Texas Plant.

J Raytheon uses the same or substantially the same supervisory 6.

personnel that EBASCO used at the South Texas Plant.

Raytheon at,the South Texas Plant has many of the same jobs 7.

t

May-11-96 12:34P-EDWARD.A. SLAVIN.

JR.

954 725 0098 P.13 exist under substantially the same working conditions that.

EBASCO had at the South Texas Plant.

Raytheon uses substantially the same machinery, equipment 8.

that and methods of " production" (e.g., Performing work) l EBASCO used at the South Texas Plant.

l l

Raytheon produces the same " products" (e.g., engineering, 9.

construction and maintenance work.for an operating nuclear l'

that EBASCO formerly produced at the South l

l-powerplant),

Texas Plant.

o

-10.

There is no phone listing for ESICORP., Inc. or its legal f

office in Dallas, Texas.

11.

There are several ESI listings in Dallas, including (214) 855-5063: according to the voice mail, this ESI sells

" blinds, shades and shutters to the interior design trade" the same as the Respondent in this action.

and is not 12.

The telephone number for Ms. Alice'R.L. Ginsburgh, Esq. set l

forth in the December 2, 1994 letter to Mr. Gresham Smith of l

DOL OAA, (214)670-2536, is identified as a voice mail number for Ms. Ginsburgh in the Legal Department of Lone Star Gas in Dallas, Texas.

13.

The telephone number for Mr. Thomas Callan, Esquire provided f.

by Respondents to the chambers of the Honorable James W.

Kerr, Jr., (214) 670-2535 was identified earlier this afternoon as being located in the Legal Department of i

ENSERCH, which has "some connection" to Raytheon.

j 14.

ESICORP has only a few million dollars in assets.

j 2

g

l May-11-96 12:34P EDWARD A.

SLAVIN, JR.

954 725 0098 p.14 ESICORP was set up as part of the acquisition of EBASCO by 15.

Raytheon.

Only certain select assets and claims of EBASCO were 16.

assigned to ESICORP as part of the Raytheon-EBASCO merger / acquisition.

ESICORP is not a going concern with customers, business or 17.

revenues of a normal corporation.

FRICORP was established to spare Raytheon the embarrassment, 18.

publicity and exposure of judgments against EBASCO.

is improper as a matter of law for the caption in this 19.

It case to name ESICORP but agt Raytheon Corporation.

1996 No copies of the Secretary of-Labor's March 13, 20.

Decision and Order of Remand have been posted at the South i

Texas Plant.

be able to avoid Raytheon management hopes it might 21.

Secretary of Labor Robert Reich's mandatory bulletin board in this action by posting order at the South Texas Plant virtue of its creation of ESICORP.

1996 Failure to post copies of the Secretary's March 13, 22.

Order would increase chilling effects upon South Texas Plant employees of the intimidation and harassment of Mr. Smith.

INTERROGATORIES For any of the preceding requests for admissions that you do 1.

not admit, please describe all facts and identify all documents and witnesses that support or contradict your position, including job descriptions, copies of merger and f

3

,May-11-96 12:34P EDWARD A.

SLAVINo JR.

954 725 0098 P.15

~

l l

l l

l acquisition agreements, government approvals and conditions to mergers and acquisitions, canceled checks, corporate charters, corporate bylaws, corporate minutes, budgets, contracts, contract modifications, etc.

2.

If you can rewrite any of the preceding requests for admissions into a stipulation that you believe more accurately reflects the facts -- saving the Court and the parties' time -- kindly set forth each such stipulation and discuss it with counsel for Mr. Smith.

If you are unable to propose such stipulations, please say why, setting forth all facts that support your inability to stipulate to well-known facts.

3.

Please explain how the decision was made to place this case under the auspices of ESICORP rather than daytheon, identifying all documents discussing and implementing this decision.

REQUESTS FOR PRODUCTION OF DOCUMENTS 1.

Please produce for inspection and copying in Houston, Texas or at the South Texas Plant in Bay City, Texas any documents identified in response to Interrogatories 1,2 & 3.

CONCLUSION Mr. Smith respectfully requests that Raytheon, ESICORP and EBASCO counsel call upon the undersigned with any questions about the forgoing requests for admissions, interrogatories and requests for production of documents, i

i

,i 4

i

May-11-96 12:34P EDWARD A.

SLAVIN, JR.

954 725.0098 P.16 Res t d,

/

D A.

JR.

35 SE 8th Ter ce Deerfield Beach, Florida 33441

.(954) 725-0094 COUNSEL FOR COMPLAINANT THOMAS H. SMITH MAY 8, 1996 CERTIFICATE OF SERVICE I, Edward A. Slavin, Jr. do hereby certify that the foregoing document was faxed and mailed as follows this 8th day of May 1996:

Mr. Thomas M.

Callan, Esquire Ms. Alice R.

L. Ginsburgh, Esquire 300 South St. Paul Suite 450 EC Dallas, Texas 75201 (214) 670-2919 (fax)

Hon. James W. Kerr, Jr.

Administrative Law Judge U.S. Department of Labor Vete s

em.

vd, Suite 530 ir' L

i-a 70005 (504) 589-6268 (fax)

/

J' i

l 101

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/

l l

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5 i

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May-11-96 12:34P EDWARD A.

SLAVIN, JR.

954 725 0098 P.17 EDWARD A.

SLAVIN, JR.

35 SE 8th Terrace Deerfield Beach, Florida 33441 (954) 725-0094 May 8, 1996 Hon. James W. Kerr, Jr.

Administrative Law Judge U.S. Department of Labor 111 Veterans Mem. Blvd, Suite 530 Metairie, Louisiana 70005 Via Fax Re: Thp=an H. Smith v.

EmaCCO Constructors, 93-ERA-16:

Legal Ethics; Motion to Shorten Time for Answer to Motion to Shorten Time for Short Interrogatories

Dear Judge Kerr:

Enclosed is Mr. Smith's Motion to Shorten Time for Answer to Motion to Shorten Time for Short Interrogatories.

Mr. Callan, has gnt Ihe putative new counsel for Respondent, Should he do so, the Court entered an appearance in this matter.

should consider whether he should be excluded or cautioned about his demeanor, which appears most unprofessional.

Mr. Thomas M.

This afternoon, counsel for Respondents, called me and amid voice-raising and shrieking, proceeded to interrogate me as to the " source" of the information appearing

Callan, in the Motions filed earlier today. I informed him that Mr. Smith but that the basic had at least one confidential source, information about the acquisition of EBASCO by Raytheon was in Journal and other publications. Upon attempting the Wall Street to answer his question after returning his second unfriendly berate and insult

' Mr. Callan proceeded to interrupt, Mr. Callan said I

message, saying " consider yourself insulted."

I informed him me, should have called him before filing the motions.

have any duty to ask corporate America neither my clients nor I I

for permission before filing motions or discovery requests.

further advised him it was unbecoming for EBASCO -- in light of the Secretary of Labor's landmark ruling in this case -- to action threaten monetary sanctions in this case as its first 1996 Decision and Order of Remand.

I told after the March 13, Callan I thought he would be calling to discuss settlement in Mr.

light of the Secretary's ruling,

r. 7 t to make wrongful threats to seek monetary sanctions, where such sanctions do not lie. Egg Rex

v. FRASCO, 87-ERA-6,40 (Sec'y, March 4, 1994).

By copy of this Mr. Callan had earlier left an unfriendly voice mail message after I returned his first call, stating, "if all I am going to get is your machine, Slavin, then forget it."

The message has been preserved.

May-11-96 12:35P EDWARD A.

SLAVIN, JR.

954 725 0098 P.18 letter, I am faxing the Motions served earlier today and the attached Motion to Raytheon.

In the case at bar, EBASCO corporate lawyers showed an unwillingness to follow legal ethics and common decency before Such rude, crude corporate your honor in the trial of this case.

lawyers do a disservice to both their clients and our system of justice. Egg g g, Sol M. Linowitz, The Betraved Profession (regarding corporate lawyers' current unwillingness to follow Elihu Root's advice and tell clients when they are " damned fools" and should 'stop" their illegal or immoral activities).

House counsel shows even less independence than counsel from corporate law firms.

Referring to defense contractor corporate lawyers in a whistleblower case (who caterwauled for dozens of pages about an amicus brief filed by the Solicitor in support of the whistleblower), the Secretary of Labor held:

the adversary process does not require attorneys to be clothed in a suit of armor and fight to the bitter end.

The parties, the profession and the public all lose when the attorneys fail to (act) with common courtesy.

Dr. William K.

Reid.

M.D.

v. Methodist Medical Center of Oak Ridge. Martin Marietta Energy Systems. et.

al.,

93-CAA-4 (Sept. 27, 1993 Order at 14-15), quoting Miller v.

Bittner, 985 F.2d 935, 941 (8th Cir. 1993).

With ki est regards, I am, Ibsd Si l

y'

/

, 'T.

cc: Mr. Thomas H. Smith General Counsel, Raytheon Corporation Mr. Thomas M.

Callan Esquire Ms. Alice R.L. Ginsburgh, Esqujre Enclosure L

May-11-96 12: 35P EDWARD A.

GLAVINo JR.

954 725 009s p,19 BEFORE THE UNITED STATES DEPARTMENT OP LABOR OFFICE OF ADMINISTRATIVE LAW JUDOES THOMAS H.

SMITH

)

Complainant,

)

)

)

v.

)

EBASCO CONSTRUCTORS, INC.

) No. 93-ERA-16 Respondent.

) Hon. James Kerr COMPLAINANT'S MOTION TO SHORTEN TIME TO RESPOND TO MOTION TO SHORTEN TIME Pursuant to 29 C.F.R. 5 18.6, your Complainant moves to shorten the time for response to the Motion to Shorten Time filed 1996 to earlier today to require a response by Monday, May 13, the motion requiring response to short discovery requests before the day of trial, which is set for May 28, 1996.

CONCLUSION Mr. Smith respectfully requests that Raytheon, ESICORP and EBASCO counsel call upon the undersigned with any questions about Mr. Smith's requests for admissions, interrogatories and requests for production of documents.

Resp 1

mit

/

i SL JR.

3 SE 8th Terr Deerfield Beac, Florida 33441 (954) 725-009 COUNSEL FOR COMPLAINANT THOMAS H.

SMITH MAY 8, 1996

T 4dd_Y - l l - 96 12:35P EDWARD A.

SLAVIN, JR.

954 725'O098 P,20 i

CORRECTED CERTIFICATE OF SERVICE I, Edward A. Slavin, Jr. do hereby certify that the foregoing document was faxed and mailed as follows this 8th day of May 1996:

Mr. Thomas M. Callan, Esquire Ms. Alice R. L. Ginsburgh, Esquire 300 South St. Paul Suite 450 EC Dallas, Texas 75201 (214) 670-2919 (fax)

Hon. James W.

Kerr,'Jr.

Administrative Law Judge U.S. Department of Labor 111 Veterans Mem. Blvd, Suite 530 Metairie, Louisiana 70005 (504) 589-6268 (fax)

General Counsel

• Raytheon Corporation Spr 16 Street Le

.n.

L, ss etts 02173 (617) 860-2172 (fax)

\\

It i

3' l '

• For Raytheon Corporation, this fax and mailing includes copies of the motions served by fax on EBASCO and the Court earlier today.

2 i