Free Reply Brief - District Court of Delaware - Delaware

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Exhibit 1

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WILLIAMS,

STEPHEN
Page 1

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE

RONALD S. RILEY Plaintiff

C.A. No. 05-746 (MPT) C.A. No. 07-336 (MPT)

- vs THE DELAWARE RIVER AND BAY AUTHORITY, JAMES JOHNSON, Individually, JAMES WALLS, Individually, TRUDY SPENCEPARKER, Individually, and CONSUELLA PETTY-JUDKINS, Individually

Defendants

ORAL DEPOSITION OF STEPHEN WILLIAMS, taken before Nancy R. Toner, Registered Professional Reporter, Notary Public, at the offices of Young, Conaway, Stargatt and Taylor, 1000 West Street, Wilmington, Delaware on Wednesday, February 27, 2008, commencing at 11:55 a.m..

KARASCH & ASSOCIATES REGISTERED PROFESSIONAL REPORTERS PENNSYLVANIA AND DELAWARE 800-621-5689

Karasch & Associates 800-621-5689

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WILLIAMS,

STEPHEN
Page 40

1 2 3 4 5 6 7

Mr. Coles? A. Mr. Walls explained the nature of that

issue relative to promotional or reclassifications as they were alleged. And Mr. Walls explained somewhat in detail the methodology and the process by which two individuals in the DRBA were promoted, were given a pay increase, and then what happened thereafter.
Q. A. They were two union members? Yes.

8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q. increase?
A.

And they were promoted and given a pay

Yes.

Q.

And what was Mr. Walls' explanation, if

any, as to why two union members were promoted and given a pay increase, yet Mr. Riley was not given that opportunity based on the fact that he was a union member? A. The two individuals submitted their

qualifications to a job offer that had been publicly posted. And they were selected based on a process. I emphasize the word "promotion" based on a selection process is my understanding. I distinguish that between that and a reclassification or adjustment. It's my understanding how it's been
._...... ;a

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WILLIAMS, STEPHEN
Page 41

explained to me.
2 3 4 5 6 7

Q.

And this is a decision made by human

resources or Mr. Walls? It's above -- you didn't have any involvement in deciding whether to promote these two individuals or not, correct?

A.
Q.

Right, correct.
Did you have any information about the

8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

promotion of these two union individuals at all other than what was talked about at the meeting last week?
A. No.

Q.

Were the two individuals that received

promotions who were members of the union, were they white? A. Q. A. Q. I don't know the race of the individuals. Do you know the names of the individuals? I do not know. Mr. Coles recalled the first name of one

of the individuals was Barry and that that individual was white. Does that help refresh your

recollection as to the full name or whether the person was white or not?
A. No.

Q.

Did Mr. Walls or anyone else at the

meeting indicate that the union was threatening to

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WILLIAMS, STEPHEN
Page 47
1 2

Q.
A.

You don't know?
I don't believe they do. By saying no, I

don't mean I don't know.
4 5 6 7

Q. A. Q.

You don't believe they do? No. You think that Mr. Riley's job description

accurately portrays or depicts what he does on a day-to-day business as an operations clerk?
A. Yes.

s
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

Are you aware that Mr. Riley has testified

that there are issues that or job responsibilities he has that he does not believe are in his job responsibility description?
A. Yes.

Q. testimony?
A.

You saw that part of his deposition

I have not.

Q.

What information do you have about the job

responsibilities that Mr. Riley performs that exceed that of an operations clerk according to Mr. Riley? A. Okay. Not as a result of the deposition.

I have just -- I just have tangential information about how Mr. Riley believes his job description doesn't reflect what his daily tasks are. Q. Do you have any specifics in terms of what

Karasch & Associates 800-621-5689

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Exhibi t 2

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DRBA EXEC OFFICES

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i MARTINELLI YCST

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1@002

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

RONALD S. RILEY, Plaintiff,

} } )
C.A. No. 05-746 (MPT) (Consolidated)

} } V. } } THE DELAWARE RIVER. AND BAY ) AUTHORITY, JAMES JOHNSON, Individually, JAMES WALLS, Individually,) TRUDY SPENCE-PARKER, Individually, } ) and CONSUELLA PETTY-J[JDKINS, ) Individually, .Defendants. )

DECLARATION OF JAMES H, WALLS
I, James H. Walls, under penalty of perjury, do hereby declare as follows: 1. I am the Chief Operations Officer ("COO"} of. the Delaware River and

Bay Authority ("DRBA"), a position I have held since March 3, 2003. 2. Of the fourteen employees identified on pp. 16-17 of Riley's Answering

Brief, none is a member of a bargaining unit. 3. With the exception of Kristen Flocco, all identified employees hold the

title of Customer Service Representative ("CSR.") or Administrative Assistant ("AA"). 4. belongs. 5. Kristen Flocco, whom Riley identifies as an "Airport Clerk" has not been No CSRs or AAs are a member of Local 542, the union to which Riley

employed at the Authority since March 23, 2006. 6. the Local 542. Barry Arnold ("Arnold") and Michael Casey ("Casey") are members of

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1@003

7.

Openings were posted within the Authon.ty £or tbe, position of Electronic

Systems Technician M on May 6, 2006. See Exhibit A. 8. position. 9. Following an interview and review of their qualifications, they were Arnold and Casey were the only internal candidates to apply for the

selected for the position. 10. As a result of this selective process, they Arnold and Casey were

promoted to a new position which paid at a higher pay grade. 11. On at least one occasion in 2006, I met with Riley, Stephen Williams, and

a union representative. During that meeting, we carefully reviewed Riley's job responsibilities and confirmed that they matobed and did not exceed his job description. 12. Based upon my review of the relevant job descriptions and my knowledge

of the general responsibilities of these positions, it is my conclusion that 12iley's responsibilities are not substantially equal to that of a CSR or AA. 13. CSRs, as reflected in the job description contained in Riley's Appendix at

A-24 and attached hereto as Exhibit B, are responsible for "handl[ing] large sums of money" and "handling and resolving customer complaints/problems in a courteous, professional manner." Tbee Operations Clerk position does not have either of these responsibilities. 14. AAs, as reflected in the job description contained in Riley's Appendix at

A22-23 and attached hereto as Exhibit C', are responsible for preparing memos, letters, and

' Since 2004, when the AA job description (Police Department) supplied by Riley was posted, the AA job descriptions have been revised and standardized, so that there is only our, AA, job description used by all departments. A copy of that description is attached hereto as Exhibit D. That description inclades the substantially the same language described above in paragraph 14, and distinguishing that position from the Operations Clerk position.
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0 004

4 MARTINELLI YCST

general correspondence in support of assigned business unit activities. The AA position also requires dealing with "highly conf'identiar' matters and requires discretion in dealing with managers, supervisors, and employees. The Operations Clerk position does not require these responsibilities. I declare under penalty of perjury that the foregoing is true and correct.

Dated; June 265 2008 Wihnington, Delaware

11.,
. -Kr

7-r 1

NOTARY PUBLIC S-rATE OF DELAWARE My Commission Expires Sept . 11, 2009

CHRI8-nNF- a. jOHNSON

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Exhibit A

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** Position open only to current permanent full-time employees ELECTRONIC SYSTEMS TECM%CIAN III
Location: Lewes, DE Salary: $46,004 Opening Date: May S, 2006 POSITION StT1V MARY
This is the advanced classification of a skilled electronic systems technician at the Delaware River and Bay ,Authority. Employees in this classification primarily service and support the electronic systems and equipment located at the Lewes Ferry Facilities, the Delaware Air Park (DAP) and the Civil Air Terminal (CAT). The electronic systems and equipment serviced and supported by Ibis classification include: Fare Collection, Intercom, Life Safety, R Communications, Cabling, Telephone, Cellular Telephone, Pagers/.Paging and Others. Servicing and supporting the Authority's electronic systems and equipment will requize travel to other facilities as needed to support .A,athozity operations. TecbWolaus in this classification must be self-sufficient and work independently on structured and unstructured activities using existing and acquired technical skills and knowledge. An Electarouio Systems Technician M will lead problem-solving teams using the necessary technical, interpersonal, and facilitation skills to ensure successful activity completion. Employees in this classification are also required to document service activities and generate reports using a combination of verbal and written communication skills. This position is a batgaining unit position that is represented by International Union of Operating Engineers, Local 542. Electronic Systems Technician Ills provide leadership, guidance, instmotion, and assistance to other Electronic Systems Technicians. Additionally, employees in this classification assist the Department Supervisor/Manager plan, coordinate, and impleymcnt departmental activities and projects. Employees in this classification are considered essential, FLSA non-exempt

(Grade IQ Closing Date: May 19, 2006

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employees and are subject to call twenty-four (24) hours a day, as may be required to maintain continuous operation ofthe electronic systems/equipment at the Delaware River and Bay Authority'. This positioa reports to the Lewes Perry Terminal for work, unless otherwise directed, and receives supervision from the Director of Technical Operations.
The work assigned may be performed internal or external to any Authority building or structure and at great heights. These tasks maybe performed over roadways, over waterways, on towers and on, in orunder bridges. Personnel assigned to the classification shall maintain a detailed knowledge of appropriate and/or established safety requirements, procedures and precautions for all assigned duties . Additionally, technicians sha,11 maintain, exercise, and monitor safety requirements , procedures and precautions to prevent/reduce personal injuries and loss/damage of Authority property.

REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES · Detailed knowledge of analog and digital electronics and fault isolation techniques · Detailed knowledge of proper test equipment operating procedures a Detailed knowledge of electronic /electrical safety and soldering techniques · Detailed knowledge of body mechanics and ergonomics · Detailed Imowledge of and the ability to use office application software and office equipment · Ability to read, comprehend, and use sobernatics during fault identification/isolation · Ability to make independent decisions · Ability to climb stairs, consisting of at least ten (10) steps, more than twenty-(20) time per scheduled work day · Ability to reach or place items at ankle level, waist level, or above the head without assistance
· Ability to work from heights exceeding sixty (60) feet above the ground Ability to lift thirty-five (35) pound loads without assistance

· ·

Ability to work within limited, restricted, and/or confined areas Ability to climb vertical ladders exceeding fifty (50) feet in height

MINIMUM[ QUALIMCATIONS · · Valid driver' s license Associate Degree in Electronics, Computer Science/Infonnation, Engineering, or other related field from an accredited college or a minimum of six years technical service experience in one or more of the following areas : general electronics, telephone KST.T/PBX systems, life safety systems, or radio communications.

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e

A valid FCC General Radiotelephone Operator's License or approved equivalent is preferred. A candidate may be selected for this classification without a valid FCC Q=ral Radiotelephone Operator's Unease or approved equivalent. However, the candidate shall obtain the required license within 120 days worked in this position.

Interested applicants may apply on-line atM=Arba.net or submit an application or resume to: Delaware River and Day Authority Human Resources Department P,O, Box 71.
New Castle, DE 19720 FAX (302) 571-6420

'Frady Spence-Parker Chief Human Resources Officer

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Exhibit B

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DELAWARE RIVER AND BAY AUTHORITY . Department: Position Title: Status: Grade: Reports To: Toll Operations/Ferry Operations Customer Service Representative Non Exempt N Supervisor

I.

POSITION SUMMARY This is an essential customer service position for the Authority. Provides courteous, professional service to customers, accommodates customer requests regarding DRBA crossings, and resolves customer inquiries in a timely manner. Responsible for accurate money handling, includin ca , check and credit card transactions as required, may rkaintain required bank, may make daily deLosit of funds and coetes reauir_ed reports. This employee may, at times, assist the supervisory staff with training and mentoring new employees, handling commercial accounts and group sales, updating customer service and group sales databases, distributing promotional materials, conducting data entry for customer surveys, and performing other administrative support duties as needed. This employee is responsible for following established safety procedures to protect self, coworkers and public from harm. Employees within this classification may be required to work rotating shifts that involve evenings, weekends and holidays.

H.

ESSENTIAL DUTIES AND RESPONSIBILITIES · · · · Interacts with the public, customers, and businesses in a professional manner, providing accurate information regarding DRBA crossings Answers phone calls, performs telephone sales and business transactions, handles business related out-calls Provides excellent customer service, including handling and resolving customer complaints/problems in a courteous, professional manner Processes customer information and transactions using a personal computer using a variety of computer applications including Microsoft Windows applications, toll software, and/or other applications Provides accurate information, researches customer issues, and resolves disputes in a timely manner Handles large sums of money as required and follows policies regazdinchan e funds thanks) and detpostts 7d Accepts and accurately processes financial transactions including cash, checks, credit cards, and bank debit cards required for various customer transactions Completes require re or s maps, brochures and information about local lFrovides

· · · · ·

A-24

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·

attractions to customers Follows established safety practices

M.

REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES · · · · Excellent telephone and interpersonal customer service skills Working knowledge of call center sales and customer service Decision making and conflict resolution skills Ability to operate a variety of office equipment including a personal computer with word processing applications, spreadsheet applications, toll collectionlreservation applications, and/or other applications Detailed knowledge of toll rates, fare rates and discount plans preferred Familiarity with the New Jersey/Delaware area, knowledge of available forms of transportation Ability to process and update credit card and bank debit card transactions Ability to handle, count and secure cash and check transactions

· · · ·

IV.

MINIMUM QUALIFICATIONS · · · High School Diploma or equivalent Ability to operate personal computer Three years experience in call center and/or customer service preferred

V.

SPECIAL REQUIREMENTS · · May be required to work rotating shifts, evenings, weekends and holidays All potential employees will be subject to a background investigation

Revised: June 6, 2007

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Exhibit C

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Administrative Assistant
Location: New Castle, DE (Police Department) Salary: $31,546 (Grade N)
Opening Date: June 1, 2004 NATURE OF WORK.:
An Administrative Assistant performs full clerical, administrative and general office duties involving transcription, typing, record and file maintenance, and mail distribution and telephone reception. Business contacts may include persons at all levels within the Authority, related organizations and community. The nature of this work is highly confidential and requires discretion in dealing with managers, supervisors, and employees. Essential Unties and Responsibilities · Assist in the administrative requirements of assigned business unit and performs related duties as required.

Closing Date: June 15, 2004

·
· · · · · · ·

Prepares memos, letters and general correspondence in support ofassigned business unit activities.
Coordinates departmental communications and processes. Supervises the completion of front line surveys. Provides routine information to applicants and employees. Routes incoming mail to appropriate personnel. Manages appropriate record keeping and databases for assigned department, Receives phone calls and visitors, makes appointments and keeps schedules as directed. or other police, maritime authority regarding Facilitates the process accreditation/certifications (i.e., tracking, and follow-up within timeframes, up-to-date files).

+

May prepare and submit payroll.

if.
·

REQUIRED KNOWLEDGE:
Must be willing and capable of leaming technical requirements related to the assigned area of work.

11.

MINIMUM QUALIFICATIONS:
· Associate's degree or appropriate equivalent experience.

A-22

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Preferred Education and Experience

Bachelor's degree

Present employees who are interested must contact the Human Resources office NO LATER than 4:00 p.m. Tuesday, June 15, 2004.

Trudy Spence-Parker
Chief Human Resources Officer

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Exhibit D

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DELAWARE RIVER. AND 13AY AUTHORITY Department: Class Title: Status: Reports To: (Generic) Administrative ,Assistant Non-Exempt

Grade:
1.

N
POSITION SUMMARY An Administrative Assistant performs full clerical, administrative, and general office duties involving transcription, typing, record and file maintenance, mail distribution and telephone reception. Business contacts may include persons at all levels within the Authority, related organizations, and community. The nature of this work is highly confidential and requires discretion in dealing with managers, supervisors, and employees.

II.

ESSENTIAL DUTIES AND RESPONSIBILITIES · a · +
· +

Assists in the administrative requirements of assigned business unit and performs related duties as required Prepares memos, letters, and general correspondence in support of assigned business unit activities Coordinates departmental communications and processes Supervises the oompletion of front-line surveys
Provides routine information to applicants and employees Routes incoming mail to appropriate personnel

· · ·

Manages appropriate record keeping and databases for assigned department Receives phone calls and visitors, makes appointments and keeps schedules as directed Facilitates the process regarding police, maritime or other authority accreditation/certifications (i.e., tracking, follow-up within timeframes, up-to-date files)
May prepare and submit payroll

·

III.

REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES
· + + Must be willing and capable of learning technical requirements related to the assigned area of work Exercise judgment within generally defined guidelines and instructions Effective oral and written communication skills.

+
·

Excellent typing and computer shills
Ability to operate standard office equipment Proficiency in organizing and maintaining files

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·
IV.

Ability to prioritize assignments Must be able to handle confidential information with a high level of discretion

REQUIRED EDUCATION AND EXPERWN CE o Associate's degree or appropriate equivalent experience

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Exhibit 3

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1ZI005

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
RONALD S. RILEY, Plaintiff, V. ) ) C.A. No. 05-746 (MPT) (Consolidated)

} } BAY ) THE DELAWARE RIVER AND ) AUTHORITY, JAMES JOHNSON, Individually, JAMES WALLS, Individually,) TRUDY SPENCE-PARKER, Individually, ) and CONSUELLA. PETTY-JUDKINS, ) ) Individually, Defendants. }

DECLARATION OF STEPHEN D. WH LIAMS
I, Stephen Williams, under penalty of perjury, do hereby declare as follows: 1. Since January of 2005, I have been the Director of Airports at the

Delaware River and Bay Authority, 2. In my position, I directly supervise the Senior Airport Manager, who, in

turn, supervises Ronald S. Riley ("Riley). 3. Through my supervisory role with regard to Riley, I am familiar with his

daily duties and level of responsibility as an Operations Clerk. 4. Riley's responsibilities of an Operations Clerk are not substantially equal

to either an Administrative Assistant ("AA") or a Customer Service Representative ("CSR,"), as described in the job descriptions for those positions. 5. CSRs, as reflected in the job description contained in Riley's Appendix at

A-24 and attached hereto as Exhibit A, are responsible for "handl[ing] large sums of money" and "handling anal resolving customer complaints/problems in a courteous, professional manner." The Operations Clerk position does not have either of these responsibilities.
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Q006

6.

AAs, as reflected in the job description contained in Riley's Appendix at

A22-23 and attached hereto as Exhibit B, are responsible for preparing memos, letters, and general correspondence in support of assigned business unit activities. The AA position also requires dealing with "highly confidential" matters and requires discretion in dealing with managers, supervisors, and employees. The Operations Clark position does not require these responsibilities. 7. On at least one occasion in 2006, I met with Riley, James Walls, and a

union representative. During that meeting, we carefully reviewed %ley's job responsibilities and con;l?xmed that they matched and did not exceed his job description. I declare under penalty of perjury that the fore Yo. . true and correct.

STEPBEEN D. WILLIAMS

Dated: June 26, 2008 Wilmington, Delaware

QAu^^

T-WIrm (40,U ' ,-0016

CHRISTINE D. JOHNSON NOTARY PUBLIC STAN OF DELAWARE My Commission Expires Sept f7, 2009

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Exhibit A

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DELAWARE RIVER AND BAY AUTHORITY .
Department: Position Title: Status: Grade: Reports To: Toll Operations/Ferry Operations Customer Service Representative Non Exempt N Supervisor

1.

POSITION SUMMARY
This is an essential customer service position for the Authority. Provides courteous, professional service to customers, accommodates customer requests regarding DRBA crossings, and resolves customer inquiries in a timely manner. Responsible for accurate money handling, including ca , check and credit card transactions as required, may ·r a it LOWmaintain required bank, may make daily deposit of funds and ca , This employee may, at times, assist the supervisory staff with training and mentoring new employees, handling commercial accounts and group sales, updating customer service and group sales databases, distributing promotional materials, conducting data entry for customer surveys, and performing other administrative support duties as needed. This employee is responsible for following established safety procedures to protect self, coworkers and public from harm. Employees within this classification may be required to work rotating shifts that involve evenings, weekends and holidays.

H.

ESSENTIAL DUTIES AND RESPONSIBILITIES · · · · Interacts with the public, customers, and businesses in a professional manner; providing accurate information regarding DRBA crossings Answers phone calls, performs telephone sales and business transactions , handles business related out-calls Provides excellent customer service, including handling and resolving customer complaints/problems in a courteous, professional manner Processes customer information and transactions using a personal computer using a variety of computer applications including Microsoft Windows applications, tall software, and/or other applications Provides accurate information , researches customer issues, and resolves disputes in a timely manner dandles lar ge sums of money as re wired and follows policies regardz`a change funds banksj,and ^ deuoszts Accepts and accurately processes financial transactions includincash, ,checks, credit cards , and bank debit cards required for various customer transactions Comp letes re uire re or s^ Provi es traveling c .irections , maps, brochures and information about local

· · · · ·

A-24

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·

attractions to customers Follows established safety practices

III.

REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES · · · · Excellent telephone and interpersonal customer service skills Working knowledge of call center sales and customer service Decision making and conflict resolution skills Ability to operate a variety of office equipment including a personal computer with word processing applications, spreadsheet applications, toll collection/reservation applications, and/or other applications Detailed knowledge of toll rates, fare rates and discount plans preferred Familiarity with the New Jersey/Delaware area, knowledge of available forms of transportation Ability to process and update credit card and bank debit card transactions Ability to handle, count and secure cash and check transactions

· · · ·

IV.

MINIMUM QUALIFICATIONS · · · High School Diploma or equivalent Ability to operate personal computer Three years experience in call center and/or customer service preferred

V.

SPECIAL REQUIREMENTS May be required to work rotating shifts, evenings, weekends and holidays All potential employees will be subject to a background investigation

·

Revised: June 6, 2007

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Exhibit B

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Administrative Assistant
Location: New Castle, DE (Police Department) Salary: $31,546 (Grade N)
Opening Date: June 1, 2004 I. NATURE OF WORK:
An Administrative Assistant performs full clerical, administrative and general office duties involving transcription, typing, record and file maintenance, and mail distribution and telephone reception. Business contacts may include persons at all levels within the Authority, related organizations and community. The nature of this work is highly Wnfidential and requires discretion in dealing with managers, supervisors, and employees. Essential Duties and Responsibilities · · · · · · · · · Assist in the administrative requirements of assigned business unit and performs related duties as required. Prepares memos, letters and general correspondence in support of assigned business unit activities. Coordinates departmental communications and processes. Supervises the completion of front-line surveys. Provides routine information to applicants and employees. Routes incoming mail to appropriate personnel. Manages appropriate record keeping and databases for assigned department. Receives phone calls and visitors, makes appointments and keeps schedules as directed. police, maritime or other authority process regarding Facilitates the accreditation/certifications (i.e., tracking, and follow-up within timeframes, up-to-date files). May prepare and submit payroll.

Closing Date : June 15, 2004

+

H.

REQUIRED KNOWLEDGEMust be willing and capable of learning technical requirements related to the assigned area of work.

H.

MINIMUM QUALIFICATIONS:
· Associate's degree or appropriate equivalent experience.

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Preferred Education and Experience Bachelor' s degree

Present employees who are interested must contact the Human Resources office NO LATER than 4 :00 p.m. Tuesday, June 15, 2004.

Trudy Spence-Parker Chief Human Resources Officer

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Exhibit 4

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COLES, ALEX E.
Page 1
IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE I

RONALD S. RILEY Plaintiff

C.A. No. 05-746 (MPT) C.A. No. 07-336 (MPT)

- vs THE DELAWARE RIVER AND BAY AUTHORITY, JAMES JOHNSON, Individually, JAMES WALLS, Individually, TRUDY SPENCEPARKER, Individually, and CONSUELLA PETTY-JUDKINS, Individually

Defendants

ORAL DEPOSITION OF ALEX E. COLES, taken before Nancy R. Toner, Registered Professional Reporter, Notary Public, at the offices of Young, Conaway, Stargatt and Taylor, 1000 West Street, Wilmington, Delaware on Wednesday, February 27, 2008, commencing at 9:30 a.m.

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COLES, ALEX E.
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do about it. I can't change the job description. I can't, you know, rewrite it and put stuff in it or take stuff out of it.

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Q.

All right. So in meeting with Ron, you

told him that you agree that his pay scale is not according to his job responsibilities but there's nothing you can do about it personally? A. I don't believe no one in my department's

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pay scale is what they are responsible for, but there's nothing I can do about it. Q. A. everyone. Q. A. Q. A. Who is present at the operations meeting? All my operations. And you've told that to Ron personally? Yes. I even had because after that, And Ron is included in that? Yes. This has been in ops meeting with

because they were talking to me. I had discussions with Steven Walls. And Walls came to our meeting

and I had him explain to them the process as far as the job descriptions are concerned because it's nothing I can do.

Q.

And your advice to Ron and any other

person in your department that felt that they were not being compensated appropriately was to make the
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COLES, ALEX
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A.
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You have to ask Mr. Williams. I will do that. It's not the first time. It's not the

Q. A.

first time that he's called me. Other people have called me about the operations staff. To me, it's

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not out of ordinary. To you, it may seem that. I receive phone calls all the time about staff. We run a 24-hour business so I receive phone

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calls 8:00 in the morning and 2:00 in the morning. I do the same thing. I will call the individual themselves, ask them to tell me what's going on. If they give me a viable explanation, the

conversation is over.

Q.

What did Ron tell you during the

conversation that you had with him?
A. somebody. I believe he said he was talking to I don't know. Whatever he said to me

must have made sense because that was the end of the conversation as far as I was concerned.
Q. Ron? A. That's it. Y u didn't take any further action against

Q.

Did Ron say I was in the cafeteria for as

long as Mr. Williams told you? A. Yeah, probably.
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COLES, ALEX E.
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Q.
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Senior airport customer service

representative.
A. Q. I don't know what they do. Do you believe that he functions at a

higher level than an operations clerk? A. I believe -- we went over that. I believe

the whole department functions at a higher level than the levels they were put in. Not just Ron.
Q. A. Do you know what a Notam, N-O-T-A-M, is? Notice to airman.

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Q. A. Q.

Does Ron issue Notams? Yes, he does. Is that something outside his job

responsibilities as an operations clerk?
A. No, it's not.

Q.

You believe that falls within his job

responsibilities? A.
Q.

It's in his job, example of his work.
Does Ron manage access to the West T air

gate?
A. Q. correct? A. Yes. Yes. And that's done by key card access,

Q.

And Ron manages the ID badging system at

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COLES, ALEX E.
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American? A. No.

Q.

Do you believe that the Authority has

retaliated against Ron because he'filed a grievance complaint against the Authority in a lawsuit?
A. No.

Q.

You don't believe that the Authority has

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either discriminated upon him or retaliated upon him, but you do believe that he should receive a pay increase for his responsibilities, correct?

A.

I believe my whole department should

receive a pay increase.
Q. I understand that. But we're in a

situation where the rest of your department is not subject to a lawsuit and Ron is. A. Q. I understand. And we are only talking about Ron today.

With respect to Ron and his claim or lawsuit, you believe that Ron should receive a pay increase from his current pay of Pay Grade P as operations clerk, correct? A. Q. Yes. And you've expressed that to Mr. Williams

and Mr. Walls, correct?
A. Yes.

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COLES, ALEX E.
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treatment of minorities, the adequate pay they
receive, and the consideration for promotions, that you see discrimination or unfair treatment as to minorities including African Americans at the Authority, correct? A. Yeah. I worked in the maintenance

department.

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Let me break it down. I worked in maintenance and then came to airports. I didn't start dealing with, as we say, the upper echelon until I came to airports and was bumped to my position. A lot of my experiences when I was coming through the Authority I dealt with and when they thought I was just a Maintenance 1 Tech to now -and that's probably why, like, now I don't see as much probably because of where I am, to be honest with you, in my opinion. Q.
A.

Because you are management now?
Right. When I say you have racists, you
1,

do but it's probably both sides. I wouldn't say whites is racist, blacks as well within the Authority. You have issues. That's what I say in

the experiences that I talk about. As far as the pay and all that, could it
a

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Exhibit 5

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Page 1

IN THE U.S. DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE

RONALD S. RILEY, Plaintiff, Vs. THE DELAWARE RIVER & BAY AUTHORITY, JAMES JOHNSON, Individually, JAMES WALLS, Individually, TRUDY SPENCE-PARKER, Individually and Consuella Petty-Judkins, individually,: : No. 05-746

Defendants.

WEDNESDAY, APRIL 2, 2008

;j oral deposition of CONSUELLA PETTY-JUDKINS, taken pursuant to Notice, before Shari Bowen, Certified Shorthand Reporter and Notary Public, at Young, Conaway, Stargatt & Taylor, LLP, 1000 West Street, 17th Floor, Wilmington, Delaware, commencing at 4:45 p.m.

KARASCH & ASSOCIATES REGISTERED PROFESSIONAL REPORTERS PENNSYLVANIA and DELAWARE A P P E A R A N C E S:

1

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turned over to Trudy and they go to HAY. Now, I don't even know if Jim Walls even sits present when those job descriptions are reviewed. As far as I knew that was

only something that was done between HAY and Trudy.

Q.

Are you aware either from Trudy, or any

conversations you've had with The Authority, that Jim Johnson made a statement concerning Mr. Riley that he would not be reclassified and his pay would not be adjusted because he had filed the grievances, the EEOC complaints and the lawsuits?
A. Q. No. Do you have any other information regarding

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Mr. Riley's complaints of racial discrimination or retaliation other than what you've told me today? A. No, those are the only ones I have so far. MR. HALL: I think I'm done. Let's just take a two-minute break.

(Whereupon, a break was taken.)
BY MR. HALL:

Q.

Ms. Petty-Judkins, I just have a few

questions for you and I think we can wrap things up. A. Q. Okay. Do you believe that Mr. Riley has been

subject to racial discrimination in his employment at The Authority?

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A.

No.

Q.

You hold that opinion despite the fact that

Mr. Coles believes that he should be compensated at a higher level than he is, but either Mr. Walls or Mr. Johnson refused to do so? A. I don't know that Mr. Walls or Mr. Johnson

had anything with refusing to do so. Again, that was something that went back to HAY or was supposed to go

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back to HAY .

That was something that would have been

reviewed with Trudy and HAY. I agree that his job probably should be reclassified to a higher pay status. I had even mentioned that to Walls, just reclassify him to a higher pay status, but I had also mentioned that about the airport safety people because we had to continuously re-post it and nobody wanted it due to the salary. Q. So, yeah, I think it should be. Okay. And you reported this to Mr. Walls

that Mr. Riley ' s job should be reclassified because his performance is higher than that of an operations clerk; is that correct? A. I felt that some of the things that he was

doing probably were -- that were mentioned probably should be reclassified clerical-wise, especially since he was over at the airport and seemed to be little bit more functions than the rest of the organization.

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A.

No.

I've never had any conversation with Jim

about anybody's pay status.

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Q.

Are you aware of any retaliation or different

treatment that Mr. Riley's received from other
employees because he's filed a lawsuit? A. No.

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Q.

Has Mr. Riley ever spoken to you about the

fact that he believes he's treated differently than other employees because he's filed a lawsuit? A. No. The only, outside of his harassment

complaints, I've never had anything come to mind about retaliation.

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Q.

Do you know if Mr. Coles believes, and if you

don't you can tell me, but through any conversations of Mr. Coles, do you know whether Mr. Coles believes that the reason Ron hasn ' t received a pay increase or reclassification is because he's filed these lawsuits? A. know.
Q. A. Has he ever told you anything of that nature? No. MR. HALL: I think that's it. That's all.

I don't know. I would assume not but I don't

(Whereupon, the deposition concluded at
5:35 p.m.)

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