ML20235A020
| ML20235A020 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/02/1987 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-3944 OL, NUDOCS 8707080285 | |
| Download: ML20235A020 (72) | |
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4.0t D' y v r ir - l v D a ted : July 2, 1 987 fly.f '
NUCLEAR PEGUI.ATORY COMMISSION
'87 J!L -5 P4 :15 before the ATOMIC SAFE'lY AND LICENSING ECAFD
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i Docket No. 50-472-CL In the Matter of )
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PUEL3C SEE9:CE CCMPANY OF ) Off-site Emergency 1 NEW EAFFEEIRE, et al ) Planning Issues I (Seabrook Station, Unit 1) )
SEACCAST ANTI-POLLUTION LEAGUE 'S RESPONSE TO APPLICANTS '
MOTION FOR
SUMMARY
DISPOSITION OF SAPL CONTENTION NO. 15 l Pursuant to 10 CFR S2.749, on the basis of f acts set forth in the Af fidavit of Ann Hutchinsen and the Af fidavit of Nancy E.
Hotchkiss, the Affidavit of Donald J. Zeigler, the Affid avit of Herbert Moyer and the Affidavit of Robert A. Backus filed ber etofor e ir this prcceeding 1/ and the Deposition of revid Loughtcp erclosed herewith 2/ and for the reasons stated below, SAPL hereby noves the Board to enter en order denying serrary l 1 dispcsitior of SAPL Redraf ted Contention No.15.
1 FFASONS F.0F PMCHLG__APPkICARTE' E03'I.0F SAFL Fedraf ted Contention No.15 reads:
The letters of agreement that have been submitted by the N.E. Civil Defense Agency in Volume 5 of the State Plan fail 1/ See " Seacoast Anti-Pollution League 's Response to Applicant 's Motion for Summary Disposition of SAPL Contention No. 15" dated l April 15,1987.
I 2/ The full deposition has been sent to the members of the Board and Doil.eting and Service and only the referenced pages to the rest of tne service list.
l e7070802e5 e70702 PDR ADOCK05000gg3 7
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.l to meet the requirements of 10 CFR S 50.47 (a) (1) , S 50.47(b) (1)
S 50. 47 (b) ( 3) , S 50. 47 (b) (12) , Append ix E.II .B. and NUREG-06 54 II . A .'2. , II .C . 4. , and II .P. 4. because they do not den onstrate that adequate arrangements for requesting and effectively using cssistance resources have been made, that the emergency-respcreibilities of the various supporting organizations have been trecifica31y established, that each principal response organization has staff to respond to or to augnent its
' initial response on a continuous basis, or that agreements-are being reviewed and certified to be current on an annual i basis as required. 4 NUREG-0654 sets forth that emergency response plans should l include written letters of agreement referring to the concept of operations between Federal, State and local agencies and other.
support organizations having an emergency response role..
Contrary to this guidance and contrary to. the federal requ3rener ts , no J etters of cgreement appear in the plans r efez r f ns tc the specific n6ture of services to be providec by the-Pease Air Tcree Base or the Portsmouth Maval Shipyard. Sir @ly because those facilities are Department of Defense establishments does not n.etn that the functions they are anticipated tc fc3 fi13 i need not be set out in the form of letters of agreenent. Letters i
of agreement serve to confirm that the anticipated providers of
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facilities and services fully comprehend in advance the requests and demands for assistance that may be forthcoming and will be prepared to meet them.
Reception centers are required to provide letters of
1 agreement under the requirements set forth in the Ccde cf Federal-Regulations. There is no reasonable assurance that these facilities will be made available during a radiological emergency absent 3etters of cgreenent. The e3dermen in the City of Manchester voted June 2,1987 on that the City of Manchester would I not serve as a host city for evacuees from a radiological i emergency at Seabrook Station. (See the true copy of the minutes of the vote, 3 pages in length, appended hereto.)
There is no assurance that the Red Cross has or will obtain l agreements with Mass Care Facilities. The Agreement at Volume 5 l
of the NHRERP states: l "In the case of peacetime radiological emergencies / nuclear-accidents, which have company or owner liability irplica- ;
tions, the American Eed Cross will conduct shelter Erd feedits operations 1n centers ord f aci3 5 tj e.s desier ete@_ jn edv erc e by tbg. Lem ilenspbJrg pignheL_E1ppvivg_DZ!Rg ,,,,"
(erphasis added)
The understanding set forth in this letter that it is the stcte that is to secure agreenents with Mass Care F6cilities for shelter ard feeding operations. The state has not shown that it has fulfulled this responsibility. The RAC found this item to be inadequate because no letters of agreement related to mass care are present in Volume 5 of the State Plan for certain specific l private organizations referenced in the host community plans as having such letters available. 3/
The state must obtain letters of agreement with all special fzcilities and their host f&cilities, not just those identified in SAPL Redraf ted Contention No.15. The Strome Affidavit attests 3/ See " Response of the Federal Emergency Management Agency to Massachusetts Attorney General Janes M. Shannon's Off-Site l Emergency Preparedness Interrogatories and Request for Production of Documents to FEMA (Set No. 2) , Appendix A at pp. 62-62.
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only to the f act that letters of agreement have been obtained from those facilities specifically named in the contention. Those j
'i named were intended ony to be examples, not a comprehensive )1 l
listing of all facilities lacking host facility agreements. As q further exa=ples, there are no letters of agreement with Riverside Rest Home in Dover and Rochester Manor Nursing Home, host ]
f acilities f or the Edgewood Center in Portsmouth. ;
There are no letters of agreement with school teachers, bus drivere, dry care center operators, health care professicnsals or otlier prisite c i ti v o s wl:0 ere called upon to assume respcosibilities cod evacuate persons under their charge pursuant to the prcvisions of the NHRERP. The petitions of FF7 teachers filed in this proceeding by the Town of Hampton on March 25, 1987, provide evicerce that teachers wi33 not carry out their NHRERP duties. The Affidavit of Ann Hutchinson establishes that bus drivers cannot be relied upon to drive buses in an evacuation.
The Affidavit of Nancy E. Hotchkiss provides evidence that day care, kindergarten and pre-school staff will not carry cut their j assigned NERERP duties. The Af fidavit of Donald J. Zeigler establishes that it cannot simply be assumed that private citizens will carry cut emergency response duties in a radiological emergency.
The Deposition of David Laughton demonstrates that the Teainsters Erion letter of agreement in Volume 5 of the Etate plan does not recuire the union nentbership to do anything (Tr. at 26),
that is not made explicit to the membership that the intent of the egreenent was to have union n.enbers drive vehicles intc the
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EPZ (Tr. Et 36) and that the Teamsters have not agreed to match drivers to the transportation providers (Tr. at 3 9) . The vote of the nenters relative to the letter of agreement was cnly to
" accept conrunications' in the part of their meeting dealing with communicaticos (Tr. at 17-18) . Furthermore, FEMA has concluded that there are not yet assurances that there are procedures in place for mcbilizing the Teamsters from their places of employment. 4/
The signatory of the Omne Partners II agreement cannot !
I properly speak to the availability of the Omne Mall as a 1
transportation staging area since the facility is in a bankruptcy i q
proceeding ard therefore the 3etter of agreereent je of rc current va2!dity te indicated by the Af fidavit of Fober t A. Et,c k u s .
1 4/ Id. at p. 64 I
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- 1. Letters of agreement with Pease Air Force Base and the Portsnouth r2 vel Ebipyard are required to meet plcnning standards for reascretle assurance that these anticipated providers of fecilities a rd services coraprehend the requests and derands for assistance that may be placed upon them.
- 2. Reception center letters of agreement are required to provide reasonable assurance that these f acilities will be made available during a radiological emergency.
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l 3. There is no showing that the Red Cross has obtained 1 3 etters of Egreement with Mass Care Facilities. The letter of ogreement with the Fed Cross in Volume 5 of the NERERP indicates that it it tre sitte that is responsib3e for designating Mass Care Ficj]ities.
1 e: . Tr e state r..ust cbtain letters of agreement with all specis3 ficGities End their host f0cilities, not just tiose specifico11; id en t ified in EAPL Redraf ted Contention 15.
, 5. Letters of agreenent with teacbers, dey care workers, bus drivers, bealth care prcvidere, and other private citizens expected tt carry out respcosibi31 ties under the p3dns are required. These people are providers rather than recipients of l
services. These is no reasonable assurance that they will carry j l
out their assigned duties absent letters of agreement.
- 6. The letter of agreement with the Teamsters Union in l l
Volume 5 of the NHRERP does not reasonably assure that Teamsters 1 Union members will drive buses into the Seabrook EPZ to assist relocation cf evacuees. Procedures to mobilize teamsters from j l
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their piscer of enployment are not in place.
7 ne Orne' Mall is in a bankruptcy proceeding End cannot be relied upon es a state. transportation staging area.
Respectfully submitted ,
l Seacoast Anti-Pollution League By its Attorney BACKUS, MLYER & SOLOMON
' Dated July 2,1987 . . . . _ _ _ . _ - .
FOBERT A. BACKUS 116 Lowell Street Manchester, NH 03105 603-668-7272 CFP'I'lF7ff_9H _OF. SEFyJCE I hereby certify that 'a copy the " Seacoast Anti-Pollution League's i Response to Applicants' Motion for Summary Disposition of SAPL Contention No.15" has been sent this date, first class mail, postage prepaid, to those listed on the attached service list and has been federal expressed to those indicated by an asterisk.
- M R'obert A. Backus~
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- Jug i 1 RECD complate resume to the Board of Mayor and Aldermen. Ald. O'Neil moved to IEDtion receive anu file the communication. The motion was duly seconded by Ald.
Cervals. Ald. Dykstra requested to 4 mend the motion to refer to Bills on Second Reading. Mayor Shaw advised the intent is to receive and file and the amendment cannot be completely different. On the motion it was so voted, Ald. Wihby, j Schneiderat and Dykstra opposed. ,R&F Communication was presented from Finance Director advising that the $100,000. I Cm.fr. Finance f
authortzution within the $3,000,000. Community Improvement Program School Bond Issue for the purpose. of replacing carveting at Parker-Varney, liighland Coffsfalls, and Webster Schools is not a bondable project and submitting an i I
amending Resolution to change the purpose of the $100,000. Lo library window, I
reconstruction and for this purpose a Resolution is submitted for your!
consideration
' Amending a Resolution " Authorizing Bonds in the Amount of $3,000,000.
for the 1987 Community Improvement Program Activities'"
Ald. Dykstra inquired if this amendment means the Library Trusteen have decided to use the money for windows rather than to make the elevator handicapped i
accessible. Mr. Hoben advised that this does not alter the decision of Landu l
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and Buildings in their discussion with the 1.ibrary Trustees; that the only thing l
s jL that is changing is we are altering the source of funding for library windows in the event they opt to move forward; that this amendment was precipitated by carpet replacement contemplated by the school which is not a bondable item; that we found we had appropriated cash for the window replacement at the Library, and f
we are taking that cash and using it for carpet replacements that if the windows l will be replaced, bonding will be used for that purposel that it is at the j l
l discretion of Lands and Dulldings as tu whether this would be used f or elevator or windows. On motion of Ald. Dykstra, duty seconded by Ald. Thibault, it was Motion voted to refer to Committee on Finance together with Resolution (Submitted by Ref.tofinance K.0'Shaughnessy to amend CIP Program to change $100,000, of the $126,000, appropriated for library window reconstruction to the replacement of car pe ting at Par ker-Varney , Highland Cof f sf alls, and Webster Schools ):
" Amending the 1987 Community improvement Program budget and authorizing Resolution q the transfer of funds from one project to another= Ref.toFinance ;
A Report of the Community I p ovement Program Committee was presented wherein Rep.Cm.CIP they respectfully recommend, after due and careful consideration, that the City of Manchester act as host community in the event of an accident at the Seabrook plant and further recommending that the offer of $146,500. made thro *agh the New fJ D
Hampshire Civil Defense Agency to be used for the purpose of radios and j preripheral equipment, be accepted and used for that purpose. Ald. Bourque !
motion to ,
moved to table the Report until the next Meeting to have Health, Police and table l Fire come in to explain what it means to be a host commun i ty . ** Ald . Gervals l
6dviced that when this was discussed at the lest Meeting, the Mayor said he f
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would get some information on what it means to be a host community and look at l l
- The motion to table was duly seconded by Ald. O'Neil, l l )
l A true copy, Attest. l (Deputy l@City Clerk {
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the evacuation plan, and he has not seen thief that he feels the Board should I realize the financla n commitment of being a host community before we make a commitment. Mayor Shaw inquired if we could br i r.g one copy of the plan and review lt page by page as it is a farge document. Ald. Gervals inquired if Special Energy should discuss this. Ald. Burkush advised that Fire, Police and Health were involved in this and there was $146,500, that the City of Manchester would get if we agreed to be a host community; that when firefighters are in some of the highrlees in Manchester, they cannot communicate with the apparatus outside the building; that whe ther 'we are host community or not, we won't turn our back on these people; that we have a chance to plck up $146,000, to update our communication sybtems in Fire and Polices that It went through Committee and now a member of that Committee has moved to table and he does not understand that. Ald. O'Neil advised that there must be a cost to the City in being hout.
Ald. Gervals advised if we have to upgrade some of our facilities to take some of these people, we should know that cost nous that we have the Red Cross that would work to help in a hurricane situation but giving nuclear showers at Memorial High School is a little different. Ald. Dykstra Inquired if we agr eed to be a host community a while ago, Mayor Shaw advising not to his knowledge.
Ald. Dykstra advised she spoke with Liz Murphy, New Hampshire Yankee, and asked if this amount of money would allow us to fulfill our responsibility; that the added amount asked for by Doug Aiken was to upgrade and get more equipment that he felt was necessary; that this la a good chance for us to get some money to - l l
get this started. Mayor Shaw advised we have been able to plan with Fire. 8 j
Health, Po!!ce coordinating for the betterment'of the City, catastrophes or any I type. Ald. Durkush moved to have Bob Pariseau address this lesue. Mayor Shaw accepted Ald. Burkush's request. Mr. Pariseau advised ' the Clty or Manchester has been involved in the host community process since as early as August 20, 1979 with Mayor Stanton; that he does not think there is a record of a formal vote taken by the Aldermen, but the planning process has gone on since that date; that as of January 1987 the N.H. Civil Defense Agency, the Utility and the City have been meeting and come up with a compromise of what. Fire and Police Departments felt they would need to implement the host plan; that $l46,500. will take care of 25 portable radios for the Police Department at 83,500. each. 25 portables for Flre Department and 25 chargers and two base units assigned to the Fire Department; that the City of Manchester has also been offered the amount of
$10,000. to renovate the Emergency Operation Center located in the basement of the Fire Station, and Civil Defense is awaiting Dick Houle's bid process; that the Utility and Civil Defense has already Installed two telephone lines and a new Civil Defense Radio system at the EOC, and there is more equipment that may be needed in the event that something should happen at Seabrook such as ,
telephone communication installations at Memorial, the designated reception facility, where the evacuees would be registered and assigned to a mass care l
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. r facility, if necessary, where people would be fed and housed; that this has peru an crigoing process with the Mayor's Of f i ce ,1 CIP n'.a f f , Fire, Police and Health, q
the Emergency Preparedness Office, Schooll ' f.ba t Jhr. considers it a gen tl emma ~l agreement between Mayor Stanten and representatives of Public Service Coenary and N.H. Civil Defense Agency: that the pl bping process began with inpM - f rem !
the City, and Costello, Lomasney and DeNapoli wre the f irst coneuitants to comer
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,a up with a version of the host plan and since , 109 the/ Love been finetuning ,4t. /, l Ald. Bourque advised that being a new Aldermah in the Board we don't know. whet ,
has been discussed and .Elmer lkurque "said the agreement has not been formalized and she would like Fire, Police and Health to go into what being host che m ity l l *1 s )
means. Ald. Provencher inquired if there was cny additional cost. "o'd hi ' t he .)
1 City be reimbursed, Mayor Shaw aivising that was corri'ct. Mr. ParisEao de.tsed the Mass Care Facility would be managed by the Department of Public Ilealth Services in conjunction with the local Red Cross and Salvation Army. Ald.
1 Dourque advised that Liz Murphy had no problem with the Doarel reve dlag men information. Ald. Cervals advised he would present a written list of queJtir na to be forwarded to the proper agencies for answers; that he would like to see
' 1 l the replies to some of these questions in writing. Ald. Dykstra W u; red if j i >
, s i there was any chance of losing the money if we don't act, tin yar S 'tav e.v:oing q g no. Ald. Burkush advised the question is not whether we will lose ' Eny' money ,
but if something ever happens to any firefighter and he cannot communicate, he is holding the Mayor and this Board responsible. Mayor Shaw advined be does 40 favor tabling this report. On a roll call vote e tt t 9 bl i n t! the Re; Ort, 41 1 . Roll Calf i e, Burkush, Provencher, Wlhby, Schneiderat and Dyketre: vtted nays Ald , dashi n ,
l Thibault, Bourque. O'Neil, Cervals, Dwyer and Crotty vcted yea. The , Clerk '
t a advised there were seven yeap, five nays and the motion.to table passes. Mclyor Voted to table Shaw vetoed the vnte. Ald. Bourque advised that she felt, this was being rite M Mayor vetos through in Committee, and she moved to override the Mayovps voto, The motion to Mothe to override veto override was duly seconded by Ald. O'Neil. Un a roal cM 1,unte, Ald . Bourque, Roll Call O'Neil, Gervais, Dwyer, Crotty, Cashin and Th i b a 41. L. voted yens Ald. Dykstra, Durkush, Provencher, Wihby and Schneiderat voted na/. The Clerk aavised there motion to were seven yeas, five nays, and the veto is not ovttriden. Mayor 21hw aa.ird .
override falls l
-l Ald. Burkush if it was possible to divide the questions into Pw1 parta,
- approving the concept of the radios and holding One question o{ the host l community. Ald. Purkush advised if we could get the money that wa s t' i n' , that l Aid. Bourque was in that Committee and she should h s'#e ude Aer u t.u t e w*n t at
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that time, not when it comes to the full Board. Ald . D/kstra moved that the Mut'ae to ,-s I accept report Report of the Committee be accepted and its recommendations adopteJ. The motion a was duly seconded by Ald. Burkush. Ald. Thibault moved that if the question can .
be split, that we do that. There was no second the h,t: motion. On a roll call y vote, Ald. Wihby, Schneiderat, Dykstra, Burkush and Proeencher voted yest 'll d . Roll Call i Bourque, O'Neil, Cervals, Dwyer, Crotty, Cashin and Thibault yoted n rs y . The Clerk advised there were seven nays, five yeas and the motion fa19a. Motion falls i
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CERTIFICATE OF SERVICE AND SERVICE LIST
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l Helen Hoyt. Chm.
- Thomas Dignan !
Jcseph Flynn Asst.Gn.Cnsl. Ropes '87 Gfly-d P 4 :Esq15 l Fed. Emerg. dgmt. Agcy. Admn. Judge 225 Franklin St. l Atomic Safety & Lic Brd.
500 C .St. So. West Boston,, MA 02110 Washington, LC 20472 USNRC l
Washington, DC 20555 h1 u.w.
- i Dr. Jerry Harbour
- Docketing & Serv. Sec.
Office of Selectmen Admin. Judge Office of the Secretar3 Town o' W.mpton Falls Hampton Falls, NH 03844 Atomic Safety & Lic Brd. USNRC l Washington, DC 30555 i; USNRC Washington, DC 20555 Sherwin E. Turk, Esq. W Jane Doughty Dr. Gustave A. Linenberger *
- Oifice of Exec. Legl. Dr. Admin Judge SAPL USNRC Atomic Safety & Lic. Brd. 5 Market Street l Portsmouth, NH 03801 I Washington, D.C. 20555 USNRC Washington, DC 20555 Paul McEachern, Esq. George Dana Bisbee, Esq.
Phillip Ahrens, Esq. Attorney General's OFF Asst. Atty. General Matthew Brock, Esq.
State House , Sta, mG 25 Maplewood Ave. StateofNewHampshirej Concord, NH 03301 Augusta, ME 04333 P.O. Box 360
( Por snouth, NH 03801 j-
)' Carol Sneider, Esq., Asst.AG Diane Curran, Esq. William S. Lord une Ashburton 'Ph ee , Harmon, Weiss Board of Selectmen 19th Floor 20001 S Street NW Suite 430 To'Au Hall-Friend St.
Boston., MA 02108 Washington, DC 20009 Acesbury, MA 01913 Richard A. Hampe. Isq. Maynard Young, Chairman Sandra Gavutis r
Board of Selectmen Town of Kensington New Hampshire Civil Dhense f 10 Central Road Box 1154 Agency East Kingston, N.H. 038, j Hampe & McNicholas Rye, NH 03870 !
35 Pleasant St. 1 L Conecrd, NH 03301 Edward Thomas Mr. Robert Harrison Judith H. Mizner, Esq.
FDIA Pres. & Chief Exec. Office' Silverglate, Gertner, 443 J.W. McCormack (POCH) PSCO Baker, Fine, Good & Mizner P.O. Box 330 83 Broad Street Boston, MA 02109 l Manchester, NH 03105 j Boston, MA 02110 t
Roberta Pevear l State Rep.-Town of Ha.~pt Falls Drinkwater Road Hampton Falls, NH 03844 1
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& 8 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l * * * * * * ***********
IN THE MATTER OF
- PUBLIC SERVICE COMPANY OF
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(SEABROOK STATION UNITS 1& 2)
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DEPOSITION OF DAVID LAUGHTON l l
This deposition taken by notice and subpoena at the law offices of Backus, Meyer & Solomon, 116 Lowell Street, Manchester, New Hampshire, on Tuesday, June 16, 1987, commer.cing at 10:00 a.m.
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NOTAAY PUBLIC 472-$745 JIM CONNELLY COURT REPORTING SERVICES 32 GAULT ROAD BEDFORD, N. H. 03102
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i i PRESENT- i 2 For Public Service Co. of New Hampshire:
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l Ropes & Gray ,
3 By: Kathryn A. Selleck, Esquire i a For U.S. Nuclear Regulatory Commission: '
Office of General Counsel:
5 By: Elaine I. Chan, Esquire ;
6 For Commonwealth of Massachusetts:
Department of the Attorney General 7 By: Allan R. Fierce, Esquire 8
For State of New Hampshire:
Office of the Attorney General 9 By: Geoffrey M. Huntington, Esquire 10 For Seacoast Anti-Pollution League:
Backus, Meyer & Solomon jj By: Robert A. Backus, Esquire 12 For Witness, David Laughton:
Christy & Tessier jy By: Robert Christy, Esquire 14 Court Reporter:
James M. Connelly, R.P.R.
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5 6 STIPULATIONS ,
7 8 It is agreed that the deposition shall be taken in the 9 first instance in stenotype and when transcribed may be used 10 for all purposes for which depositions are competent under 11 New Hampshire practice.
l 12 Notice, filing, caption and all other formalities are i 13 waived. All objections except as to form are reserved and l
14 may be taken in court at time of trial.
15 It is further agreed that if the deposition is not 16 signed within thirty (30) days after submission to counsel, 17 the signature of the deponent is waived.
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3 WITNESS David Laughton ,
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5 EXAMINATION PAGE 6 By Mr. Backus 5 7 By Mr. Fierce 40 8 By Ms. Selleck 52 9 By Ms. Chan 56 1
10 11 3 12 MR. LAUGHTON DEPOSITION EXHIBITS FOR IDENTIFICATION:
13 Number Description Pace i
14 1 6/2/86 letter 7 <
15 2 R. F. Zapora letter of agreement 9 16 3 7/10/86 letter 10 17 4 Draft 55 18 1
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1 DAVID W. LAUGHTON 2 (Deponent duly sworn by Mr. Backus.)
i 3 INTERROGATORIES BY MR. BACKUS: ;
i 4 I, David W. Laughton, on oath, depose and say as follows: !
State your name, please.
5 Q ]
6 A David.W. Laughton. ,
7 0 Mr. Laughton, are you here pursuant to subpoena issued 8 by the NRC?
9 A That is correct.
10 0 Where do you reside, sir?
11 A Chester, New Hampshire.
I 12 O Is there a mailing address there?
13 A Yes, 165 Old Chester Turnpike, Chester, New Hampshire.
i 14 03036 15 0 And where are you presently employed?
16 A By the Teamsters Union, Local 633 here in New Hampshire. '
17 The office is located in Manchester on 265 Maple Street.
18 Q And what is your position with the Teamsters?
19 A I'm the secretary / treasurer of the local, which is the 20 principal officer.
21 O How long have you held that position?
22 A This is my fifth year as the principal officer. I have i
i 23 been full time with the Teamsters here locally for eleven l
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1 years.
2 0 Now, as I understand it, Teamsters Local #633, of which 3 y u are the secretary / treasurer, is the local that covers
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4 the state of New Hampshire.
5 A That is correct, the entire geographic state.
6 Q Does it include any territory beyond the borders of the i
7 state of New Hampshire?
t 8 A No, it does not.
9 O Now, Mr. Laughton, there is included in the New Hampshire 10 radiological emergency response plan for Seabrook station l 11 a letter of agreement dated June 2, 1986, which purports 12 to be signed by you as secretary / treasurer of Teamsters i 13 Local #633. Can you identify that letter?
14 A Yes, that is correct.
1 15 Q Is that your signature on that letter? l !
16 A Yes it is, i 17 Q And the other signatory is John H. Sununu, Gcvernor? [
18 A That is correct.
19 0 Did you actually execute this letter in the presence'of l
20 Mr. Sununu? i 21 A Yes, I believe I did.
22 O Was that up in his office? l l
23 A Just outside his office, where they swear in different j 4
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1 people and so forth. I don't know what the room is 2 referred to. It was done in Concord. !
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3 Q Was there any prior letter of agreement that was executed a between you and the state of New Hampshire pertaining to !
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5 emergency planning for Seabrook? l 6 A No. ,
i 7 Q Has there been any subsequent such agreement?
8 A No.
9 Q Is this letter of agreement, then, still in force so 10 far as Local 633 is concerned? !
11 A Yes.
I 12 MR. BACKUS: Mark the letter for j I
13 identification, please.
14 (The Court Reporter thereupon marked !
I 15 the letter dated June 2, 1986 as Mr. Laughton Deposition 16 Exhibit #1 for identification.) !
' j 17 Q Referring to what we have now marked as Exhibit #1, did I I
i 18 this letter go through any prior draft before it was ;
19 agreed upon?
20 A l'm not sure of that. I don't recall.
21 Q Do you, Mr. Laughton, have any file that pertains to this ,
l 22 issue of Teamster personnel assisting an emergency plan :
1 23 at Seabrook?
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1 A Not for Seabrook, per se. As the letter is written, it 1
2 isn't written specifically for Seabrook. !
3 O Do you have a file pertaining to this letter of agreement 4 or the subject of Teamsters assisting in civil' defense
]
5 response in the event of emergencies generally? l ]
6 A Yes I do.
7 Q Do you have that with you?
8 A Yes I do.
9 Q Can I just take a look at that?
i.
10 A Yes, sir. Some of it is from you. Do you still want ,
'l jj to see that? ,
i 12 MR. CHRISTY: I would like to point 13 out that the file he is producing was prepared at my la behest, or prepared upon my instructions to him, because 15 he did not maintain a file on this before. I-asked him 16 to put whatever documents he could find into a folder.
17 Q Okay. Now is that the document you have in front of you 18 as you are testifying, sir?
i 19 A Yes. I am not certain as to how I received this through
)
20 the mail. I think it is in error, because it really is -]
\
not signed by the union, nor does it have anything 21 l
L 22 directly to do with the union. But it is a letter of 23 agreement between one of the employers that we have under i I
i i.
9 1
contract, R. F. Zapora. I think that.was sent to me 2 in error. But, as it may' pertain to the issue that we 3 are discussing, I brought that along..
)
4 MR. BACKUS: Okay. Why don't we j 5 mark that as the next Exhibit. '
6 (The Court Reporter thereupon marked i
i 7 the letter of agreement with R. F. Zapora as Mr. Laughton l 8 Deposition Exhibit #2 for identification.)
9 0 If I could just take a quick look at what else you have 10 there --
11 A I also have a letter that was sent by one of the business i
l 12 agents who is employed by me to Nicholas Pishon, a field :
13 representative for the New Hampshire Civil Defense Agency
)
14 in Concord, New Hampshire, and what it is is -- it is a 15 list of employers that we have' signatory to contract l 16 with this local union here in New Hampshire. It gives !
! I 17 the name of the company, the address, the phone number, l t
i I
18 the person that we contact to do business with there ! ;
3 u 19 and the name of the shop steward for the purpose of 20 contacting them for whatever they need for emergencies l 21 or disasters here in New Hampshire.
22 MR. BACKU3: Let's mark that.
23 (The Court Reporter thereupon marked
i 10 1
1 1 the letter dated July 10, 1986 and signed by Richard I 2 vachon, business agent, as Mr. Laughton Deposition 3 Exhibit #3 for identification.)
4 0 Let's turn first to Exhibit #1, the letter of agreement - , 3 5 A Okay.
6 Q How was this initiated?
l 7 A A gentleman from the Civil Defense, Mr. Pishon, who is ]
)
8 referred to in the letter of July 10, approached me 9 asking if the local union would be willing to assist 10 in disasters in New Hampshire. I told him I may be at 11 liberty to answer that, but I didn't feel comfortable
'i 12 doing that until I spoke with our executive board and 13 the general membership.
14 Q Do you know when Mr. Pishon approached you?
15 A I don't remember the date, no I don't. It has been !
16 some time. I would think -- I would be guessing, I l )
17 don't know -- back in 1986, but I don't know exactly !
13 when. It was obviously prior to the execution of the ;
19 document that is referred to as Laughton's Exhibit #1. j l
20 MR. BACKUS: I would like to note i i
21 for the record that Mr. Huntington from the New Hampshire l 22 Attorney General's office has arrived.
23 MR. HUNTINGTON: Excuse the delay.
l'
1 l
11 l
i 1 O Now, I take it that prior to Mr. Pishon contacting you 2 to make this inquiry you have described, there had been 3 no contact between Teamsters Local 633 and New Hampshire i
- l 4 Civil Defense regarding participating in emergency l 5 response.
6 .A Not to me, there wasn't.
l 7 0 When Mr. Pishon came up'and made this inquiry of you, j.
8 did you understand from what he was saying that a part i 9 of what you were being asked to do would be to assist l i 10 in responding to a radiological emergency at Seabrook-I, l 11 station? I l
1 12 A In part, yes. i l
13 Q He made that clear?
14 A Yes. l
! i 15 Q And you say that you didn't. feel comfortable responding l j i
16 because you wanted to discuss that with your executive 17 committee? I' i
is A And the membership of the local. i 19 Q Was that done? f i
20 A Yes. l l
21 Q And was it done with both the executive committee and !
l I
22 the membership generally?
23 A Yes.
L______________.________.____.________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ . _ _ . . _ _ _ . _ _
l 12 i l
l l
I 1 Q And when was this discussed with the executive committee?
2 A In May.
3 0 Okay.
4 A May of 1986. )
5 0 Was there minutes of that meeting kept?
6 A Yes.
7 O And would those minutes reflect discussions of whether 1
8 or not Local 633 should enter into an agreement with !
l 9 the state?
10 A I am not sure that they would reflect that, because we 11 don't normally keep minutes.in that manner. It may 12 have reflected the communication or the document, 13 because perhaps I had the document at the time, which 14 brought cause to discuss the issue.
15 0 And by the document, Mr. Laughton, would you be referring 16 to the letter of agreement?
l 17 A Yes.
1 So after Mr. Pishon spoke with you -- or was it at the 18 O 19 time, he had a draft of this letter that he wanted 20 executed?
21 A No. He spoke to me and came back with it at another 22 time. The first time he spoke to me, he didn't have 23 anything. The second time, he read something to me
13 1 that was a general draft, and he said that he would 2 address something that would be specific for our local.
3 That is what that is.
4 Q And what action was taken by the executive committee?
5 A They moved to go forward and execute.the agreement.
6 Q Was there any discussion of that action before the I 7 action was taken? ,
l 8 A I'm sure there was. I don't remember exactly what the j 9 discussion was, but I'm sure we had discussion. ,
10 Q Was there any representative of the state there at 11 the time this vote was taken? >
l 12 A No.
13 Q Did the executive committee act in response to a t i
la recommendation from you?
15 A No.
16 Q Was it discussed at more than one meeting?
17 A I don't believe so. Let me correct something -- when j i
18 I say, not more than one meeting, I don't think'it was 19 discussed at more than one meeting of the executive 20 board.
21 Q When would this meeting of the executive board have 22 occurred?
23 A May 2. Let me also state, when I say it wasn't discussed I.
'l j
14 i
I at the executive board, I'm. talking until, obviously, 2 just recently, because of the subpoena and so forth.
3 Q All right. I understand that.
4 A Okay.
5 O Do you have the minutes of that executive board meeting 6 with you, Mr. Laughton?
7 A No I don't.
8 Q But they would be available, I take it --
9 MR. CHRISTY: To a limited extent.
10 MR. BACKUS: To the extent that 11 they discussed this matter?
12 MR. CHRISTY: Pertaining to the 13 subject you are inquiring about. Most of it will not )
l I 14 be produced voluntarily -- 1 l
15 MR. BACKUS: Nor will it be 16 requested.
l 17 MR. CHRISTY: Okay. l 18 O Now, Mr. Laughton, you say this was also discussed with 19 the membership at some membership meeting, is that 20 correct?
21 A That is correct.
22 Q When was that membership meeting?
23 A May 4.
15 1 1 Q By the way, do these meetings occur in your union offices 2 there on Maple Street?
1 3 A Yes they.do.
4 Q For the membership meeting, is there notice before the 5 meeting of what the subjects to be dealt with at that 6 meeting are?
7 A No.
8 Q So would it be correct that the subject of entering 9 into an agreement with the state for an emergency 10 response vote came up and was discussed and acted upon 11 all on May 4 with the membership?
12 A That is correct.
J 13 Q When you say, membership meeting, does that mean any- {
14 body who is a member of Teamster Local #633 is invited 15 to attend these meetings?
16 A Yes, as long as they are a member in good standing --
17 not only invited, but encouraged to attend.
18 Q And how many members typically do attend these meetings, 19 or say this meeting, if you know?
20 A It would vary. I wouldn't dare say. I would guess 21 somewhere in the vicinity of maybe two hundred.
22 O Is there a quorum requirement for action by the member-23 ship meeting?
16 I
1 A Yes.
L 2 O What is the' quorum?
3 A Twenty-five. )
I
'4 Q And how many members are there on the executive board?
5 A Seven.
6 Q Do you know how many of those attended the meeting, the 7 May 2 meeting?
8 A Seven, I believe. I'm almost certain. They don't miss 9 meetings.
10 Q And is this a typical way for the union to adopt a 11 policy, that it is first approved by the executive 1
12 board and then presented to the membership?
13 A Depending on what the policy is. There are certain la policies that don't need approval of both of them, but 15 I make a practice of letting them know everything that 16 is going on, so I try to, I certainly take it forward 17 even though I may not be obligated to by the by-laws 18 -- it is just a policy that I established and that I 19 follow, because I want everybody to be aware of every-20 thing that is going on.
i 21 Q Speaking of your by-laws, pursuant to the by-laws of 22 the union, is this sort of thing, executing a document 23 such as this letter of agreement, something that would l
l
?.
I-17 1 be required to be acted upon by the membership? l 2 A No.
0 In any event, as I understand it, before the May 4 ~! l 3
I 4 meeting there would have been no notice to the general '
i 5 membership that this was to be acted upon on May 4th.
6 A That particular issue, no. ,
y Q And, would there be minutes of the membership meeting l 1 8 of May 4th? 1 l i
~
\
9 A Yes.
10 Q Would they reflect a vote on the issue of executing I
11 this document, Laughton Deposition Exhibit #1 for I 12 identification?
13 A Not directly. .
l la 0 would there have been a vote taken pertaining to this?
15 A Yes.
16 Q There would?
17 A Yes. j 18 Q Do you know what that vote was? -
19 A Yes. ,
20 0 What was it?
21 A Unanimous to accept.
i ,
22 Q And how was the vote worded, if you know? i l >
23 A It is off the floor -- a motion was made and seconded l I
l
18 l l
1 to accept the communications, of which this was one.-
2 If there was an issue or somebody wanted to take issue, 3 we would bring it under another order of business and a debate it and discuss it.
5 Q Did the vote include authorization for you to sign this I 6 on behalf of the local?
l 7 A I am not certain of that. I am not certain that the l l
1 8 execution of the agreement was an issue. The fact that l we were going to go forward with it was the issue.
9 10 Q And, with it, we would be referring to the letter of 11 agreement, is that right? :
1 I
12 A Exhibit #1.
13 Q Exhibit #1?
14 A That is correct.
15 Q Would this letter of agreement, in this form, but I 16 Presume without the signed signatures, have been avail-l 17 able to the membership at the time they voted? l l
Ig A Certainly, if they wanted it. l l
t 19 Q And would they have actually distributed it -- was it 20 distributed to the members in attendance?
l 21 A I don't distribute the communications. If somebody 22 wants a copy, or wants to look at it, we will make it !
23 available to them. I have no problem with that -- not l
19 j that I am obligated to, but I would do that.
2 Q Was there any discussion prior to the vote as to whether i
3 or not this should go forward? i 4 A I expl.ained the document. There was no discussion off the floor, or debate, I should say, off the floor. It ;
5 i
6 was unanimous adoption.
7 Q Did you make a recommendation that the vote be made?
A No.
8 l
9 Q Do you have any idea how many items would have been f 1
10 voted on at that meeting of May 4th?
11 A No I don't.
12 Q I take it the minutes would show all votes taken at that 13 meeting.
la A I would certainly hope so. I am not the recording 15 secretary, but I would certainly hope so. ,
16 Q Do you know if, prior to the vote, this letter, the i
17 text of this letter was read to the membership, or did i
18 you just describe it generally?
19 A I don't recall as to whether I read it or not. I'm not i 20 certain of that.
21 Q And you say it was a motion frora the floor to go ahead 22 with this? f i
i 23 A Yes.
l a
I o .,
20 1 Q Does your recording secretary, if he or she is doing 2 the job as is intended, take down exactly the words l 1
of the moving person? l 3 I i
, \
4 A Probably not. The recording secretary is a part-time l t
5 person who is a truck driver and who does the best that ;
l 6 he can do. 5 l i I (
7 O So there is no verbatim record of the meetings? :' j i
i I
8 A No.
9 Q In any event, at the time you had these two meetings, 10 the May 2nd meeting with the executive board and the 11 May 4 membership meeting, you believe you had this 12 letter of agreement ready for signature, is that right?
, 13 A I believe so, yes.
l 14 Q And at no time do you recall any discussion between you -;
l l 15 and anybody representing the state of New Hampshire l r :
16 about the particular terms or phraseology used in this ;
I 17 letter of agreement, is that right?
i 18 A I don't remember modifying anything, not that I recall. !
19 But at the time it wasn't really all that significant 20 to me, the document, itself, I went through the proper 21 procedures, explained it to everybody and everyone was 22 in agreement as to what we were doing.
23 Q Mr. Laughton, looking at this letter of agreement that
a .
21'
- J I
1 we have marked as Exhibit #1 here -- l i
2 A Yes.
3 0 It says in the first paragraph that the parties here 3 have agreed that Teamsters Local #633, in the time of-5 natural or technological emergencies such as a fire, 6 flooding, chemical spill and industrial accidents at ,
7 the Vermont Yankee or Seabrook Nuclear Stations, or 8 other emergencies, will provide emergency workers and l
l 9 drivers as. detailed under the terms of this agreement, 10 etc., etc. When you presented this to the membership, li did you refer to radiological emergencies as being 12 included within the term industrial accidents at vermont 13 Yankee or Seabrook Nuclear Power Stations?
1a A I'm not sure if I said radiological emergencies or not, ; i 15 but I said Seabrook.
16 Q Okay.
17 A Obviously, the membership is attuned to what Seabrook 18 is, a nuclear power plant.
19 Q So you think the fact that the reference was to Seabrook 20 would have alerted the membership to the fact they would 21 be asked to respond in a situation involving a possible I
22 release of radiation?
i 23 A Part of the thinking and the feeling, obviously, of the l
l i
i
1 22 l I
__ _._. j i
1 membership is they live in that area and certainly like I
2 to partake in evacuating if there was an emergency of f 3 that nature. i I
a O When you say, the membership lives in that' area -- ,
1 5 A Part of the membership. {
\
6 Q Part of it?
7 A Yes.
8 Q okay.
9 A And some of the membership work at the station, so they 10 certainly would be willing to drive most anything to I 11 get out of there. j 1
12 Q Did the membership understand that the terms of this ;
l 13 agreement might require the members to drive not out of la there, but into there?
15 A Well, I'm not sure that I agree with tne term, require, i 1
16 because I don't think it requires the membership to do i
17 anything that they don't choose to do. It is a voluntary ;
18 type thing, so they are not required by this document i
19 to do anything. j l
20 Q Well, the agreement does say, Mr. Laughton, that the 21 Local #633 will provide emergency workers and drivers 22 as detailed under the terms of this agreement. My 23 understanding is that you are saying that individuals l
m
______m._._________:___. _
23 1 who are members of the Teamsters Local are not, thereby, 2 required to respond if in their own judgment they should l t
not do so, is that right?
3 l 4 A Individually? l 5 0 Yes. I 6 A That is correct. l 7 Q So the next paragraph, Local 633 will provide approxi-8 mately 1,500 personnel with at least a Light Commercial 9 License to drive major transportation vehicles as 10 needed during major emergencies -- can you explain to 11 me exactly what you believe the membership, in having 12 this go forward, was planning to do in the event of 13 a radiological emergency at Seabrook.
14 A I can explain it to you in this way -- that when we 15 are approached to assist in a disaster within the 16 state, be it a flood, a forest fire or any disaster 17 that would affect the people of the state of New Ig Hampshire, that we were willing to assist in any way 19 that we could assist in that disaster. While I under-20 stand and appreciate, as you address the issue of 21 Seabrook -- we, as a body of people, almost all resi-22 dents of New Hampshire are certainly concerned for- ,
23 New Hampshire, and we are certainly concerned to the
.l
l i
1 24 1
1
- .4 1 extent that we do numerous civic things for the state 2 and the people in the state up to and including, and 3 certainly not limited to direct monetary contributions a to the tune last year of in excess of $20,000 to the !
5 Santa Fund alone here in Manchester, to.the fact that I I
l 6 this past weekend we gave a trailer-truck to the Boy l.l 1
7 Scouts, we are going to move it every weekend with ,
8 camping gear, to the extent we do three outings a year ,
, a 9 for the handicapped and retarded kids at Camp Allen, 10 to the extent that we have a wheelchair basketball game 11 every year and raised $2,000 for the Independent Living 12 Foundation, we give to any charitable organization here !
13 in the state, just about, that asks for a donation up ,
\
14 to and including donating our hall -- that is donated 15 weekends for Little League because they have no place '
16 to meet. We just go on and on with different contribu-l 17 tions that we make. At the New Hampshire State Park, ja for example, and Hampton, through the Army Corps of 19 Engineers, we got permission to build ourselves free a 20 concrete ramp for handicapped people in wheelchairs to 21 have access to the ocean for probably in some cases the l 1
22 first time in their life, we take them there-and take !
23 the park for a day, have a band, do a cookout all on
_ __ ..p .__4 I
25
._ t_._
1 our own time. I have been doing that personally,.myself, ;
I 2 l for nineteen years, and all of the other membership -- f l
3 we donate our time and efforts whenever and wherever i t
i 4 we can. In this document, and in this instance our 5 concern was with the people of the state of New Hampshire, I
! 6 in any way that we could help or assist'in a disaster.
7 When the number of 1,500 comes up, as you.can see 8 clearly, it says approximately, because I cannot guarantee; I
9 how many people would be available at any given time'in 10 any particular part of the state. For example, if it ,
11 were Berlin, New Hampshire, it would be a little different, 12 than if it were Manchester, because of the concentration 12 of our membership, but I know that we have, for example, ;
i la also hauled hay down south last year to help out the i 15 farmers in their drought, and the International Union i 16 is always quick to react and assist in a disaster. I 17 didn't incorporate them into this or the joint council l 18 into this, which covers New England, I stuck with the 19 people here in New Hampshire, and the number of 1,500 20 represents less than half of our membership here in 21 the state, and it is an approximate number. I would j 22 think that it would vary from time to time, depending 23 on the area and depending upon the disaster that is l
V~'
l l
26 1 being dealt with. I don't U-1;.4k that the document I
- l 2 guarantees that we are going to provide and require ;
3 1,500 people to go to evacuate Seabrook. I don't. read ;
4 4 it that way and.did not intend it that way. ]
1 5 Q You have just told us at some length about the charitable )
6 activities that the union has done for many years in 7 many areas to the general betterment of th'e community 8 and the state, and I guess I'm asking you, in your 9 opinion, then, this commitment made in this letter of
)
10 agreement is just in peace with those other activities, 11 is that right --
12 A This agreement is designed to help and assist in any 4
13 disaster in this state that we can partake in in any la way we can do it. Obviously, as I said before, it j 15 would vary on where it was. I mean, if the Merrimack 16 River was flooding in Nashua, and they needed help, 17 we would be there. If they wanted us to put sand bags, 13 we would do it, or drive dump trucks, or bulldozers, 19 or whatever else, or buses, or haul food in -- we would 20 do whatever we could do within rearsi, and we would be 1
gj quick to react, and that is the feeling of our member- )
22 ship -- we want to help in time of need. That is what 23 we are, a non-profit organization designed to help out i
,, V, j :
{
" 1 s 7('
' 1t 3' I
'lj' 27
~
- 1 1- -
g
, , q
-4 ry -g i' a 1 the working people throughout the state. That is what s s1 i y i
2 we were looking to do, help..out in any kind of.dishster, j I 'l 3 not limited to Seabrook or Vermont Yankee. ,
l j i i a O So understanding that, Mr. Laughton, woul'ditbecc)rrect, 1 '
5 then,.that in the membership' voting as it did, to gog i
- j ,
6 forward with this agreement, it was not a particu.'Lar s
I 7 emphasis on driving vehicles into the Seabrook .a2.en in _,
i-8 the event of a radiological emergency -- i 9 A Was there an emphasis placed on.that?
l l 10 Q Yes. ,,i )
I 11 A I would have to say probably not'. Was it mentichsd?
12 Yes. Was the emphasis put there? I would probably ;
13 say no. But, keep in mind, I think it's important, la also, that some of the people attending the meeting l i
15 are probably employed at Seabrook, at the. power plant, 4
16 and certainly, as I said before, they would be looking l 17 to evacuate out of there without a problem, they would l 6
1 18 be the first. i 19 O The last sentence of the agreement says, theNewHampshirel 20 Civil Defense Agency will provide training to the Local.
21 633 membership regarding potential emergencies in New 22 Hampshire. Has such training been provided? l 23 A Yes.
. - - ~
x\ " !
a l
28 .
i i
_A 1 0 What was that training? i 1
l 2 A I honestly can only tell you my knowledge -- because I )
3 haven't dealt with that. aspect of it. As you will see I ;
l 4 in Laughton Exhibit #3, it was turned over to Richard .)
5 vachon to make sure Mr. Pishon had what he had to contact l
6 the employers and do, first of all, get the employer, ;
7 to, in fact, agree to allow his employees to participate 8 and, secondly, to train them in whatever training that )
9 was required. I don't know the extent of that training.
10 My understanding is that it has been, maybe, an hour !
11 or two of training, and I don't know what that consists 12 of, whether it is a video, or hands-on thing with a 13 vehicle, or checking out their credentials -- I don't 14 know what that is. I told them that I don't have time !
15 to do that. My time is better spent doing other things 1
16 than that. We will help out, if you want to. train, you j 17 go and train, or get the employers to agree to partici- l 1g pate, and we will provide the list and do it. I under-4 19 stand there are some employers that are signatory, as ]
1 1
20 Laughton Exhibit #2 is one with R. F. Zapora. I received ;
i l
21 that in error. I have not received the other employers ;
22 that are signatory, but I do have knowledge there are !
)
23 others. How many -- I don't know how many, and to what 1
I 1 :
4
29 1 l
j l
1 extent the training has been done, I can't answer that, 2 nor could Mr. Vachon, as far as that goes, because I ; 1 I i J l
3 told him I don't want him participating in the training, 4 either, or soliciting agreepents. Mr. Pishon represents ]
i 5 the Civil Defense. He can go tell the employer the }
1 I
6 story, the same as he told me the story,.and ask for l 7 help, and I would assume in many instances he would j i
8 receive it and in some he may not,.and I expressed that j
9 to him in the beginning, that there may be some employers p that are going to give him the same thing they gave me 11 the first time I went there, probably the door closed 12 in his face. ,
la O You have mentioned, Mr. Laughton, this Exhibit #2 for i
la identification, which I think you said may have come i 15 to you just as a result of an error, since it is an i
16 agreement between Zapora and New Hampshire Civil Defense, I 17 is that right?
18 A I was unaware of that document until, by advice of 19 counsel, I tried to put together a folder and find out 20 what I have regarding that, and that is where I dis-21 covered that. I don't know how that came to me. I am 22 not even sure it came to me. It might have come to 23 Mr. Vachon. So I cannot address how or why I . have it, l
- 4_ _
30
_J 1- but I had it, and you wanted all-the documents,'so I 2 brought it with me.
3 0 Thank you. Mr. Vachon is Richard Vachon, a business.
4 agent who works for you, is that right? l 5 A That is correct.
i 6 0 I just noticed on this Exhibit #2, I noticed typed in, j i
)
7 we are committed to Defense Fuel Supply Center in a j
8 national emergency. DFSP Newington, New Hampshire, i 9 Would you have any idea what that means?
{
10 A Maybe I can help you. I'm not sure exactly what that t 11 means, but they are in the business of hauling. fuel 12 and oil on that type of thang, they are a tanker type l 3 13 company, they haul strictly volumes of gasoline'and i !
14 that type of thing, and he may be committed to assist i i I
15 -- I don't know if Pease Air Force Base or the Portsmouth
]
I 16 Navy Yard or somebody needed fuel, that he is committed l l 17 to haul fuel in a state of emergency. I'm not certain 18 that is the answer, but that would be my guess.
19 Q From what you have said, I take it you say you believe 1 '
20 there are some agreements with employers of trucking 21 companies and Civil Defense, but you are not aware of l' i 22 the number of agreements or terms of them.
23 A That is correct. All I have is Laughton Exhibit #2.
I
30 1 but I had it, and you wanted all the documents, so I I
2 brought it with me. t 3 Q Thank you. Mr. Vachon is Richard vachon, a business l
1 4
agent who works for you, is that right?
5 A That is correct.
6 Q I just noticed on this Exhibit #2, I noticed typed in, 7 we are committed to Defense Fuel Supply Center in a- ,
8 national emergency. DFSP Newington, New Hampshire.
9 Would you have any idea what'that means?
10 A Maybe I can help you. I'm not sure exactly what that I
11 means, but they are in the business of hauling fuel 12 and oil on that type of thing, they are a tanker type l 13 company, they haul strictly volumes of gasoline and i
la that type of thing, and he may be committed to assist l 15 -- I don't know if Pease Air Force Base or the Portsmouth !
16 Navy Yard or somebody needed fuel, that he is committed i I 17 to haul fuel in a state of emergency. I'm not certain ,
18 that is the answer, but that would be my guess.
19 O From what you have said, I take it you say you believe 1
20 there are some agreements with employers of trucking ,
21 companies and Civil Defense, but you are not aware of l l
t 22 the number of agreements or terms of them.
l 23 A That is correct. All I have is Laughton Exhibit #2.
I I'
i
'I
31 1 Other than that, I don't have anything, nor have I been 2 involved in it, or the local union.
l 3 Q You have mentioned, Mr. Laughton, going back'to Exhibit 4 #1, the reference to 1,500 personnel is about half the 5 membership in the state of New Hampshire --
l 6 A Less than half.
7 Q Less than half?
8 A Yes. !
9 0 It is described as 1,500 personnel with at least a ;
10 Light Commercial License, is that correct?
11 A Yes.
l 12 Q Would the other 1,500 also have at least a' Light Com- )
13 mercial License to be Teamsters members? f i
14 A Not all of them. Well, I don't know exactly how many i 15 do have Commercial Licenses. But, for example, we are 16 very diversified, as you know, and I don't think the 17 high school principals that we have have a commercial i
18 License. But all of the employees who are driving for 19 UPS or the employees that we have that we refer to as 20 under the freight agreement, the trucking companies !-
21 like Holmes, St. Johnsbury, Roadway, Gallo, and on and ;
22 on it goes, the general freight companies, all of them l
23 have tractor-trailer licenses. In terms of numbers, l
l
32 l 1 probably over 600 people with-freight and 500 people l
2 at UPS, and then you get all kinds of others. The -
3 construction industry, we get'into the warehousing .,
l 4 like, for example, Cotter & Company, who distribute ;
5 all the True Value hardware, we have drivers there, ;
I 6 they all have tractor-trailer licenses, or Silver Bros.,
i 7 the beer distributor, they have Light commercial, all !
8 the drivers have at least a Light Commercial, most of 9 them Heavy, a lot of tractor-trailer. It will. fluctuate.
i ,
10 Globe Distributors, also. So, that is not anything.
I 11 that we track locally, as to who has a license or what 12 type of license, until they come in seeking employment, i
13 and then we document it. But we don't, for purposes i
I 14 of our records, I couldn't key our computer and find 15 that information out. .
16 0 Du you happen to know what sort of license you need ,
17 to drive a school bus in this state?
18 A You have to have a license for a bus, I believe. We t
19 don't have any bus companies under contract. But I 20 believe -- as a matter of fact, the reason I say that i
21 is, I just read a document that takes effect July 1, i
22 and one of the exceptions was in New Hampshire, I !
23 think you need a bus license, but I'm not certain of that.
33 1 0 The 1,500 mentioned, is that your approximation of 2 the approximate number of your members in New Hampshire 3 who have a Light Commercial or a higher category, Heavy 1
a Equipment License?
5 A No, no. I would think the number would be significantly i 6 higher.
7 0 Where did you come up with the 1,500?
8 A Well, I fi9 ured that is less than half of our members.
9 Q Just intended to be a very conservative number?
10 A That is right. Well, I don't know if it's conservative 11 or not. It was a number I seemed to think was com-12 fortable -- less than half -- I would like to think, 13 .if we had a disaster, if we *ould mobilize the people, 14 that we could get at least half of our membership to 15 participate.
16 0 I see. So it is sort of just an off the cuff guess 17 as to the number of people with licenses of this type 18 that you thought might participate? ,
19 A I don't know. I would not say off the cuff guess. I 20 would say that it is a judgment type of thing, and I -
21 evaluated what I thought to be, you know, how many 22 people have Commercial licenses, how many members we 23 have, and I felt comfortable that at least half would 1
1 I
u-_- _-- __--_ --- .2
l 34 I participate.
2 0 Did the number come from you?
3 A Yes. !
l l 4 Q Is it correct, Mr. Laughton, in order for your members j.
l 5 to operate buses, or vans, or trucks, or vehicles other j i
i 6 than from their own employers, that they would need l 7 permission from the owners?
8 A I'm not sure I understand what you are trying to say.
9 Q Well, assume that there was a request to act on this 10 letter of agreement, and you were asked to supply some number of drivers to drive vehicles into the Seabrook l 11 l
12 zone, to bring out people who were pedestrians or had 13 some inability to travel out by their own vehicles -- l 7 I
< r la would your members need to have permission from the l i
15 owners of whatever buses they were going to drive in? !
i 16 A If they were licensed, that is all they would need to j 17 drive the bus. I'm not sure that I understand what 18 you are getting at. If you are asking me about the l 19 particular bus, does this grant them the right to drive 20 any bus -- certainly not. I mean, somebody has got to ,
21 provide equipment. I don't know if they are looking i
22 to get equipment as well as people when they are ,
i 23 approaching the employer. You would have to take that
_ . _4. a
35 I up with Mr. Pishon. I did not get involved in that 2 aspect of it.
3 0 Mr. Laughton, since this letter of agreement was executed, a has there been any other discussion of the issue of I
5 driving vehicles in civil emergencies in New Hampshire 6 with the membership?
7 A very little, except since my. contact from you, t
8 Q Has there ever been any kind of a survey of the member- l 9 ship as to how many of the members would actually ,
i 10 respond, of the numbers you suggested would be avail-11 able?
12 A No. ,
la Q You have mentioned a couple of times, Mr. Laughton, i 14 some of your members, indeed, are employed at the 15 Seabrook plant, and you believe that in the event of :
1 16 an emergency, a radiological emergency, that.they would l rf want to be available to evacuate -- l jg A That is correct. l 19 Q Did you understand, or do you think the membership {
i understood, that heard about this agreement, that the 20 l i
l 21 intent of the New Hampshire Civil Defense plan is to j
^
1 22 have them drive vehicles into'the emergency zone in 23 the event of a radiation emergency?
I i l l r J 36 l
1 A Would you repeat that, please. I want to make sure 2 that I understand you.
3 MR. BACKUS: I will rephrase it.
4 WITNESS: Okay.
5 Q Do you think that the membership that was present and 6 knew about this agreement that was presented on May 4 ; j I l 7 understood that one part of the intent here was to B
have members of the union drive vehicles into the 9 Seabrook emergency zone in the event of a radiation l
\
I 10 emergency? ,
l 11 A I'm not sure that I could answer that, except to say ,
12 that Seabrook was mentioned as one of the potential l i
13 disasters. I can't say that, you know, what if we {
i' 10 have a meltdown out there, are you prepared to drive i I
15 in there -- I didn't say that. !
16 Q Okay. One other question about your 1,500 personnel, '
i 1
17 Mr. Laughton -- l l
ig A Yes.
1; O In making that, did you, in your mind, make that figure 20 lower than the actual numbers of members with licenses 21 because of a desire to only include people within a i
22 certain geographical radius of Seabrook or Vermont l 1
23 Yankee?
E____________________.___
37 l 1 A No. When I came up with the number, I didn't do it 2 based on any particular disaster, nor would I. I l 3 don't want to adress, although I am.obviously forced to here, I don't want to address a particular issue.
a [
5 I'm looking at the overall well-being of the people in l 6 the state of New' Hampshire, and that is where I came l l
7 up with it.
8 Q Thank you. ,
9 A Not for a particular incident.
i 10 0 Let me just turn to Exhibit #3 for just a second, Mr. l 11 Laughton, the letter from Mr. Vachon to Mr. Pishon.
12 A Yes. i 13 Q It says,
Dear Mr. Pishon:
As per our agreement, please t
14 find enclosed our listing of people to' contact in a 15 state of emergency and disaster. Then the next thing
- 16 is several pages of company names, telephone numbers 1
17 and the person to contact --
1g A That is correct.
19 Q Just take the first one, Blais Distributors, Berlin, 20 New Hampshire and a reference to Mr. Blais. Who is 21 he?
i 22 A The owner., I believe. It is a family affair. I don't 1
23 know that he is the sole owner, but he is one of the i i
j
. ._ _ l i
1
38 1 family of the people who owns it. I'm not sure which l
2 one.
3 Q And in the other cases here, are these all representa- !
a tives representing the owner of these companies? ]
5 A If you go column by column, the first one is the company 6 and the address, and then the next one is the telephone 7 number for the company and the third column, when it 8 says, person to contact, that would be the person that l 9 ve do business with as labor representatives, not 10 necessarily the owner of the company, because, as you I
11 see, some are large corporations and they're certainly 12 not the owner, it's just the person to contact at the 13 company, and we included the stewards and their names 14 where available.
1 l
15 Q But the person to contact, I guess you're making it clear, 1 l
16 is a representative of the companies identified.
17 A That is correct.
18 O And to what extent these persons have been contacted ,
19 and asked to agree that their equipment would be j 1
e 20 available to Teamsters who are not employees, you don't 21 know?
f I
22 A That is right, and I'm not sure that they are being 23 approached about the equipment. Mr. Pishon may have
l 39 1 to_ answer that. I don't know the answer to that.
2 Q Lastly, I show you a document' entitled, Draft, Radio-l 3 logical. Emergency Response Procedures, Business Agent, l l
4 Manchester, New Hampshire Teamsters Local 633. It
! i 5 consists of several pages. I would ask you if you have j 6 ever seen that. ,
i 7 A No, I don't believe so.
8 0 It says here on the cover, the scope of the Teamsters' l 1
I 9 responsibilities includes but is not limited to con-10 tacting and matching Teamster drivers to the various 11 transportation providers identified in this document.
12 Do you understand that to be part of your responsibility 13 pursuant to the letter of agreement?
14 A I would have to take a look at this. No, I don't. If l 15 I am interpreting that properly, no. I have not agreed 16 to do that. ;
17 Q Thank you. Back to Exhibit #1 now, the third paragraph, 18 Local 633 will provide general personnel support from ;
i 19 its membership to assist State and local emergency i
20 response efforts. What does that mean, in your under-l 21 standing? j l 22 A For example, like I said, if there were a flood, and 1
23 . they needed us to stack sand bags, or if there were a l
l
40 1
need to haul food, off-load food, warehouse it, 2
distribute it through your own car or whatever --
3 that type of thing. I don't know all that that would 4 entail. All I am saying is they might need us to do' ;
i 5 anything. Some of.our guys run bulldozers, and they I l
6 might need that in the case of a forest fire. We have 7 people who are pilots, and they might want something 8 in that area. We have members who own helicopter's, 9 and they might need something there. I'm-not sure.
10 Whatever we could do .ad get somebody to volunteer to 11 do, we would do that.
12 MR. BACKUS: That is all I have.
13 Thank you very much. Let's go off the record.
14 (Of f the record discussion. )
15 INTERROGATORIES BY MR. FIERCE:
l 16 Q Back at the membership meeting where this was explained, l
17 I just want to clarify it, it was not clear to me. At 18 what point in the meeting did this come up? As I have ,
19 been to various meetings of various bodies over the 20 years, there is a standard format that many meetings 21 follow with respect to the order of events', and they i
22 often start by reading the minutes of the last meeting, l 23 and one of the things that happens early on is often a i_ _.
41 1 discussion of any correspondence that has been received 2 or sent, and then you go on to the regular order of 3
events in the meeting. I'm curious at what stage this a particular item was discussed.
5 A Under communications. It came up under that, and if 6 there is any member that takes issue with any of the l
7 communications, it is pulled out and put into the form 8 of new business, and then brought up and discussed and 9 acted upon under new business. With this particular 10 issue, it was brought up under communications and i
l 11 generally spelled out by myself what it was. Nobody 1 12 Look issue with it. It was accepted as a communication, 13 and that is the way the minutes would read, that the la communications were accepted by the membership.
15 Q This was a communication that was being sent by you, 16 isn't that correct?
17 A It was received by me. It was not signed at that time.
18 Q I see. Was it signed by Governor Sununu at that time?
19 A No, it was an unsigned document at that time.
l 20 Q The membership meeting was on May 4?
21 A That is correct.
22 Q The executive board meeting was on May 2?
23 A That is right. Normally we have the executive board
42 l
1 meeting on a Friday night and our membership meeting 2 on Sundays, because, generally speaking, Sunday is 3
the day that most of the members are available and a not working. Seeing we cover the entire state, we 5 like to have it on Sunday, and pay our stewards to 1
6 come from all over the state so that they can be abreast j 7 of what is going on. It is a state-wide meeting, and 8
that is why it is on Sunday.
9 Q So at that evening meeting, as a reault of the action I
l 10 of the membership, you concluded that you were then l l
11 authorized to go ahead and sign this document, is that j r
i 12 correct? .)
i 13 A I think you have it backwards here.
14 Q Explain it. i i
t 15 A On the 2nd, which is a Friday night, the executive ;
16 board meeting, the document first came up at that i 17 meeting -- j l 2 18 Q All right.
19 A That was unanimously accepted. On the 4th, which is ,
20 the Sunday, it is read off as a communication to the i
21 membership, and I explained what the communication was, j 22 and all communications were accepted as read. It was. l 23 not brought up under new business. If there were some-y__
L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ . _ _ . _ _ _ _ . _ _ _ . _ . _
43 1 body who felt opposed or wanted to discuss it in any 2 further length, they would say, would you bring that 3
communication up under new business, Dave, and I would a set it aside, and it would then be new business, 5 discussed in length and voted on as a particular piece 6 of business.
l l 7 Q But no member objected? i l
8 A That is correct.
9 Q And at that point, was the document signed? ,
10 A No.
11 Q When was it signed, then? i 12 A I believe it was signed on the 2nd, when we went to i 1
13 Concord. I'm not 100% certain of that, but I think !
k la that is where we signed it on the 2nd. I'm not certain j 15 of that, though. l 16 Q The membership meeting was on the 4th --
17 A Of May.
18 MR. CHRISTY: The 2nd of what month?
19 WITNESS: Of June. l 20 Q So it would have been June 2 that it was signed?
21 A I believe so. l l
22 O Okay.
23 A I'm not certain, though, where it was signed. I think 1
1 1
44 !
t
-- - - - + d 1 it was signed June 2nd, If I remember correctly, I As a matter of fact, I I 2 think we signed it up there.
i 3 remember I got to keep the pen. He gave us a pen, and l
4 1.got to keep it, with the Governor's name. l t i 5 0 As best you can recollect, can you tell me what you l
6 said to the membership.that evening on May 4th as this 7 came up under the correspondence section of that meeting.
8 A I would be hard pressed to tell you what I said exactly. I l
I .
9 That is many meetings ago,-and over a year ago, and I'm l l
10 not certain as to what I said. I know what my~under-1 11 standing of it was, but I'm not certain. !
l 1
i 12 Q Was this one of many other pieces of correspondence j i
13 that had been received or was it the only one? l 14 A Well, I'm sure there were other correspondence. .As to 15 how many, I honestly wouldn't dare answer. I couldn't l 16 guess. Some months there is a lot and some months not i 17 so many. But we always have correspondence. j 18 Q So it would have been referred to as, we have received 19 from the Stara of New Hampshire a letter --
i 20 A I'm not sure how the minutes read --
21 Q Or agreement, or how would you describe it? l 22 A The recording secretary would have read the communications) 23 Now, how he put this down as a communication, I am not
- - - _ _ - _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ - _ _ b
45 1 certain. I really am not certain. I would have to 2 look at the minutes. I would not dare answer that. ;
3 But, I addressed the issue.
4 MR. CHRISTY: Off the record.
5 (Off the record discussion.)
6 O Now, can you explain to us what your role was and who. j 7 was running this meeting? l 8 A Okay. Our meeting is run by the President. He has the 9 gavel, he runs the meeting. To his left is the recording 10 secretary, who reads in all of the minutes, and commu-11 nications would have been read by the recording secretary,I r
12 and the President then looks to me and asks if there l 1
13 is anything I want to say, and if I think there is an l l
important document or something I want to expound upon, j 14 I
i 15 that isn't covered in the heading of the communication, ;
l 16 then I will expound -- and I expounded upon this. j 17 O When you say, the r.ecording secretary would read the l I
18 correspondence, you don't mean that they would sit l l
t 19 there and read each letter word-for-word?
20 A No.
21 Q They would describe it in more general terms, isn't ,
22 that correct?
23 A Well, for example, as I said, I'm not about to say that T i
-_- - - - _ _ - - - - - - - - - _ - -_________a
46 1 this is how it was recorded, but, keep in mind, as I 2
testified earlier, that the recording secretary is a ! .)
3 truck driver and a part-time recording secretary, and a
he does the best that he can do, and in some instances i 1 what I will do for him is, I will highlight the document i j 5
6 as it addresses to a particular issue, so that he_gets I I
7 that into the record. Now, on this, he might have said I 8 that there was a letter of agreement between the state 9 of New Hampshire and myself regarding a disaster, he 10 might have. But I don ' t know what he put down.
11 Q What is the recording secretary's name?
l 12 A Tom Thibault, i l
i l
)
13 Q Is it possible that any reference to this letter of 1
14 agreement may have appeared in some publication,. news- ; I 15 letter or informational bulletin that the union sent 16 out?
17 A It might have been. I would have to check. There may 18 have been -- it might have gone out in the newsletter, -
l 19 because there was a picture taken when we signed the 20 document in Concord. I would have to check the news-21 letters. I can't answer one way or the other.
l '
22 O You think it might be possible?
23 A It is possible, it is possible. I hadn't even thought l
l
47 1 about that in reviewing the file.
2 O Would it be possible for you, if there_is such a document, 3 to provide it --
4 A Certainly, if it's in a newsletter.
i 5 MR. CHRISTY: If we can.
6 (Off the record discussion.)
7 Q I just have a couple of other things. You mentioned at !
8 some point, I think, a reference to high school princi-9 pals. Are there high school principals.in New Hampshire I 10 who are members of your union?
11 A The principals and the assistant principals in Manchester.
12 Q Do you have any rough idea of what percentage of your l 13 membership is not truck drivers? I i
la A No I don't. I would not dare say. I was not thinking 1
15 in terms of the ones who are not. I was thinking more f
'l 16 in terms of the ones who would be.
17 0 Well, I'm wondering if there are others besides the i
high school principals who are not truck drivers. Can ;
18 19 you think of any other categories?
20 A There are some, yes. Principals.are only 31 members, 21 and they are not incorporated in the number I gave here I
because we just organized them. We do have Anheuser-22
]
23 Busch Brewery, and that is probably the largest single
l 48 1 group of people that may not be drivers. But quite a 2 few of the people in there are,'because, obviously, it 3 is such a lovely job, we have placed a-lot of our people a there -- quite a few of which decided working there is 1
1 5
much better than driving a truck.
6 Q How many of the members do you have at that company? l i
7 A This month we have 461, I think.
8 Q Are there any other' categories of working that are-not i
9 truck drivers? ;
I 10 A There are some. We have warehouse people in certain !
l i
11 areas that aren't driving trucks, but, there.again, j 12 they may have licenses, because often times.a guy's 13 back gives out and the forklift looks better than la working the truck, especially the grocery business,.
15 and they will go from driving into the warehouse --
l 16 so it is hard to give an honest answer as to how many 17 are drivers and how many are not. I can't answer that.
18 We just don't have that information available to us.
19 Q Has there been any discussion at all inside Local 633 f i
20 about this letter of agreement or the commitment that-21 was made to the Governor of the State of New Hampshire 22 since this letter was signed?
23 A Just recently because, obviously, I have been subpoenaed
j 49- j l
)
I to come here and so forth. -It hasn't been an issue l l
2 of controversy.
3 Q All right. The arrangement, as you understand it, then, 1
a would be that you would not be contacted directly in 5 the event of such an emergency, but that the various
'6 company employers, themselves, would be contacted, is 7 that correct?
8 A That is correct.
9 Q Do you know of any arrangement that would occur that i j i )
10 would be different than that in the evening or on the 1 11 weekends? I I
l i
12 A Let me correct that for one point. I may also be i
13 contacted, but they would have to contact the employer, 14 because on any given day we do have people around the 15 hall looking to go to work, so I'm sure I would be 16 contacted, but not for the purpose of knowing everyone, i
17 But I'm certain I would be contacted, or I would assume I la I would be contacted. What would happen on the weekend, 19 is that what you asked me?
20 Q Evenings and the weekend. li 21 A I don ' t know. Most of our operations, or a lot of 22 Operations go around the clock. So the' evenings don't 23 play much of a bearing for us. I mean, the trucking i
{ _ _ _ _ _ _ _ _ _ _ _
50 1 industry goes seven days a week, twenty-four hours a 2 day. The Brewery goes seven days a-week, twenty-four.
3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> a day -- not as many people on the weekends as a
during the week, but they are still operational I l i
I 5
have no idea. .
l So in' terms of contacting the person to contacr. ~ hat is 6 O l i
l 7 on the list provided by Mr. Vachon, the only phone ;
8 number listed here is the business phone for the company, 9 isn't that correct?
10 A Let me take a look at it.
l 11 O Except in some case where you have the steward's phone i
12 number listed. Presumably Seabrook, if there were an l 1
emergency at Seabrook or Vermont Yankee, this letter 13 l
la suggests contacting the person in the column that is' 15 labeled, person to contact -- isn't that correct?
l l
16 A ves.
17 O And the only phone number listed is the telephone number jg for the company?
19 A The business number, that is correct. .
20 0 The business number?
21 A Yes, j 1
i 22 Q Is this list a complete list?
23 A I don't know.
l
51 l
4 1 Q At least current at the time that the letter was written 2 of all the employers who have members in Teamsters Local 3 633 --
t 4 A I would assume so. But I have not reviewed it to that 5 extent. I didn't send the document. But I would pre-
! )
6 sume, if there isn't anybody on there, it's secretarial , !
! ]
l 7 error. 1 l
l 8 Q I don't see the Manchester high school principals on 9 this list.
10 A They were not there.
11 O They were not added to this list?
i 12 A They were not Teamsters when this was sent out.
13 Q I see.
i I
1 14 A This is July 10, 1986, and at that time they were not 15 Teamsters. But if there is not a company on there, 16 it is, I would say, a secretarial omission, that is all.
17 I would think that is a complete list, but I have not !,
la reviewed it personally and verified that.
19 Q Let me just ask you, Mr. Laughton -- have you volunteered 20 to participate in the training that has been offered?
21 A Individually? ,
22 O Yes.
23 A I have not even been approached.
J I
52 1 Q Have others in your office?
I 2 A To my knowledge, no one has been approached in the 3 office.
4 MR. FIERCE: That is all I have.
5 WITNESS: That~is why I couldn't 6 tell you what the training is.
7 MR. FIERCE: Thank you.
8 MS. SELLECK: I just have a couple ,
9 of questions, Mr. Laughton. My name is Kate Selleck, 10 from Ropes & Gray, and I'm here representing the 11 applicant, the owners of Seabrook. l 12 INTERROGATORIES BY MS. SELLECK:
13 0 One thing you said earlier, you mentioned the number 14 200 people at a membership meeting. I didn't-understand I
15 if that was a typical Sunday meeting or the number you 16 estimate might have been at the meeting when the Seabrook 17 letter of agreement came up.
18 A It will vary. The membership meetings, depending, if l
(
19 there is an issue, for example, if you were having a 20 nominations meeting, or if there were a settlement with 21 a large contract like UPS, or we are in negotiations 22 with Anheuser-Busch -- personnel might come to inquire 23 about that. The May meeting sometimes is larger than
4 4 53 1 the others because we suspend the monthly meetings in 2 the months-of June, July and August. But typically I 3 would think the meetings'on. average'run between a'150 and 200 people. I don't recall how many were at that l a 5 ,
meeting, but I would think it was in that area.
6 0 You don't remember whether it was more or less?
7 A No. I have it recorded, but I would have to go back 8 and check, because everybody is expected to sign in J 9 and verify the fact that they are a member in good 10 standing, so I could find out the particular number 11 at the meeting.
12 O You said that at this May 4 meeting no one objected to-13 the Seabrook letter of agreement --
la A No one objected to the letter of agreement for the 15 Civil Defense between myself, or signed by myself and 16 the Governor -- not the Seabrook letter.
17 0 I used that as shorthand.
ig A I know. That keeps happening here, and I want to make 19 sure we keep that clear -- it isn't just a Seabrook 20 letter.
21 Q Do you know of anyone objecting since that meeting to 22 the idea of helping out at any kind of emergency at 23 Seabrook?
54 k
1 A I have not been contacted with any objections.
2 O You said'a report of a letter of agreement might have 3 been sent out in a newsletter --
1 4 A No. I said that I may;have-put a photograph of the. !
l 5 signing and something recording it into the newsletter.
6 The letter'of agreement, itself, would.not have been l
7 contained in the newsletter. .
8 0 would the gist of it be contained in the newsletter?
9 A I couldn't honestly say. I would rather wait until. ;
I 10 I take a look at the newsletter. This hasn't been 11 first and foremost in my mind, and I haven't looked 3 12 at the newsletter. I can't comment on what I don't l 13 know. I would have to look at it. I am not 100%-
14 certain that it has gone in the newsletter. I have 15 to go back through that. I will be more than happy. l 16 to make it available to you people if, in fact, there l, 17 is anything pertaining to that in the newsletter.
I i
18 Q You will be forwarding that to Mr. Backus, and I pre- i i
19 sume, Bob, you will be forwarding that -- l i
MR. BACKUS: I will be happy to.
20 21 A I will do whatever I can to cooperate. 1;just don't ,
i 22 know where it goes.
23 MR. CHRISTY: Uncle Bob will tell
i i
l \
l ^ I l
55 1 you, David. ,
2 WITNESS: That is what I figured.
3 Q Assume for the moment that the gist of the letter of 4 agreement is in the newsletter. Can you tell me how 5 many people would get a copy of that newsletter 7 I
6 A The entire membership, as long as they haven't moved J 4
7 recently.
8 MS. SELLECK: Lastly, I think we !
9 should mark as an Exhibit the draf t that you used I 10 earlier, Mr. Backus. j i i i 11 MR. BACKUS: If you would like to, f l I
12 you certainly may. .
13 MS. SELLECK: Let's mark it as an 14 Exhibit.
15 (The Court Reporter thereupon marked 16 the draft as Mr. Laughton Deposition Exhibit #4 for 17 identification.) .
i 18 O Am I right, Mr. Laughton, that you testified that you 19 haven't seen this draft document before? {
t 20 A I don't recall having seen it. I'm not saying that I, j 21 maybe, didn't, but it certainly does not look familiar 22 to me.
23 MS. SELLECK: I have no further
4, 56 1 questions. Thank you.
2 MR. HUNTINGTON: The State of New 3 Hampshire has no questions.
4 MS. CHAN: I'have a few questions.
5 INTERROGATORIES BY MS. CHAN:
6 0 Mr. Laughton, to your knowledge, have any more employers 7 on this list, Exhibit #3, executed letters of agreement 8 similar to Exhibit #2, signed by the representatives .
9 of tapora. Motor Transport?
10 A I have knowledge of some of them having signed only 11 because I checked with the business agents to see if 12 they had heard anything. But I don't know that they 12 have signed a similar document. I have no knowledge 14 of what the document that they have signed is -- only 15 that they have been approached, and they have done some 1
l 16 training of some drivers. That is all I know. I don' t know 17 to what extent, in terms of numbers of people or what 18 the document is that they signed. But I know that 1 19 some trucking companies have signed it.
20 '
Q And where would these letters of agreement be kept?
21 A I guess with Mr. Pishon and the employer. It has no 22 direct bearing on us. It is nothing that I wanted.
23 As I told you, the one from Zapora, I received that
57 l
1 somehow by accident.
2 Q Do you think Mr. Pishon would be the person who would 3
know if letters of agreement have been executed with a people?
5 A He would not know, either. There isn't anyone in my j l
i 6 office that would know of the agreement and what it Mr. Vachon, much the same as anyone of the '
7 contained. )
l 8 other agents, may know that some, that they have.some {
9 kind of an agreement, some people have been trained t
10 at a particular employer, but that is all they would 11 know, if they know that. f I
12 O By the people in your office, do you mean the people l t
13 listed as business agents on Exhibit #3? !
i 14 A That is correct. Well, on Exhibit #3 -- you would l t
15 have to make a change there -- Mr. Arthur Blanchette I
16 is no longer employed with us and hasn't been since 17 the end of Jull of 1986. He certainly would have no 18 knowledge at all. But the other-four business agents 19 are still there. Those are the people that I'm referring 20 to when I say, the people in the office.
21 Q Do you happen to know if Mr. Pishon would have letters 22 of agreement?
23 A I wouldn't know that. It would just be an assumption i
58 -l 1J 1 on my part.
i 2 0 Would a letter of agreement be necessary to confirm 3 the commitment of an employer on your list, Exhibit i a #3, to the commitment made by the union to provide ,
5 personnel in case of a disaster?
6 A What I have told Mr. Pishon in the initial, or one 7 of the discussions that we had, was that I don't 8 control the employees. The employer controls.the !
9 employees, and I used the example of UPS, because they ?
10 are a large employer, six different locations in the 11 state, most all the employees are drivers, and they !
i 12 are a very efficiently run company, very demanding of l
13 their employees, and I certainly couldn't commit what ja they were going to do with their employees, but that j 15 that was an employer's decision, and he would have to '
16 take that up with the employer, not with me.
17 0 Are other commitments between the union and the employers ,
18 generally in writing, in the form of a letter of agree-
! 1 1
19 ment or some other written form, other than contracts? j i
20 A I'm not sure I understand the question. I i
21 Q Are there any other commitments that the union makes, i 22 that the employers have to also commit to?
23 A Are obligated to? l
]
59 1 Q. Yes.
2 A All of thsir obligations are incorporated in the contract 3 that they sign with us.
4 Q I see.
l 5 A I could not obligate an employer or say that the employer 6 would be'in agreement to any letter of agreement that 7 I signed with the Civil Defense -- it'would not be 8 cinding on them, nor was it suggested that it was, 9 0 This list of employers in Exhibit #3, do you know whether 10 this list represents some kind of oral agreement with 11 each of the employers on the list?
12 A It represents no agreement.
13 Q This is just a list of employers?
14 A That is correct. .
Is that correct? I 15 Q 16 A That is correct.
17 MS. CHAN: I have no further I
i la questions for the deponent. Thank you very much. ]
1 19 WITNESS: You are welcome. I 20 MR. BACKUS: No further questions.
21 I guess we are all set. Thank you very much. j 22 Deponent 23 1
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1 THE STATE OF j I
2 COUNTY OF , SS. l 4 Subscribed and sworn to before me this' 5 day of , 19 .
6 7
Justice of the Peace / Notary Public '
8 My Commission Expires:
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4 5 CERTI FI CATE l- 6 7 I, James M. Connelly, a Certified Shorthand Reporter and 8 Notary Public of the State of New Hampshire, do hereby certify 9 that the foregoing is a true and accurate transcript of my 10 stenographic notes of the deposition of David Laughton, who 11 was first duly sworn, taken at the place and on the date i
12 hereinbefore set forth.
13 I further certify that I am neither attorney or counsel J l
14 for, nor related to or employed by any of the parties to the 15 action in which this deposition was taken, and further that I 16 am not a relative or employee of any attorney or counsel l 17 employed in this case, nor am I financially interested in I 18 this action.
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20 YJ.m% > > As M2 Y i dames M. 'Connelfy , R. P. R. h 2i V 22 23 l
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