Return to Home PageThe U.S. Equal Employment Opportunity Commission
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION, )
)
Plaintiff, )
) Case No. 96-1192
v. )
)
MITSUBISHI MOTOR MANUFACTURING ) Judge McDade
OF AMERICA, f/k/a/ )
"DIAMOND-STAR MOTORS CORPORATION," )
)
)
Defendant, )
)
and )
)
INTERNATIONAL UNION, UAW )
and its LOCAL UNION 2488, )
)
Rule 19 Parties. )
)
)
JOINT MOTION FOR ENTRY OF CONSENT DECREE
Plaintiff, the United States Equal Employment Opportunity
Commission ("EEOC") and Defendant, Mitsubishi Motor Manufacturing
of America, f/k/a Diamond-Star Motors Corporation ("MMMA"),
respectfully move the Court for approval and entry of the
attached Consent Decree. In support of their Joint Motion, EEOC
and MMMA state as follows:
1. EEOC and MMMA, with the assistance of Special Master
Abner J. Mikva, have negotiated the Consent Decree attached
hereto as resolution of the above captioned case.
2. The International Union, UAW and its Local Union 2488
have agreed to the terms of the proposed Consent Decree, and have
agreed that the Court may join them in this action as Rule 19
relief parties in order to assist in the implementation of the
terms of the Consent Decree.
3. EEOC and MMMA believe that the terms of this Decree are
adequate, fair, reasonable, equitable and just.
4. EEOC and MMMA believe that the Decree conforms with the
Federal Rules of Civil Procedure and is not in derogation of the
rights or privileges of any person. The entry of this Decree
will further the objectives of Title VII and will be in the best
interests of the parties, those for whom EEOC seeks relief and
the public.
For the foregoing reasons, EEOC and MMMA respectfully
request that the Court approve and enter the attached Consent
Decree.
Respectfully submitted,
John C. Hendrickson Walter B. Connolly, Jr.
U.S. Equal Employment Opportunity Miller, Canfield, Paddock
Commission & Stone, P.L.C.
500 West Madison Street 150 West Jefferson Avenue
Suite 2800 Suite 2500
Chicago, Illinois 60661 Detroit, Michigan 48226
--------------------------- begin next document ------------------------
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
U.S. EQUAL EMPLOYMENT )
OPPORTUNITY COMMISSION, )
)
Plaintiff, )
) Case No. 96-1192
v. )
) Judge McDade
MITSUBISHI MOTOR MANUFACTURING ) Magistrate Judge Kaufman
OF AMERICA, INC., f/k/a )
"DIAMOND-STAR MOTORS )
CORPORATION," )
)
Defendant, )
and )
)
INTERNATIONAL UNION, UAW, )
and its LOCAL UNION 2488, )
)
Rule 19 Parties. )
________________________________________)
CONSENT DECREE
1. This Consent Decree (the "Decree") is made and entered
into by and between Plaintiff United States Equal Employment
Opportunity Commission (hereinafter referred to as the
"Commission" or "EEOC") and Defendant Mitsubishi Motor
Manufacturing of America, Inc., formerly known as "Diamond Star
Motors," (hereinafter referred to as "MMMA") (EEOC and MMMA are
collectively referred to herein as "the Parties").
2. Simultaneous with the entry of this Decree, the Court
has joined the International Union, UAW, and its Local Union 2488
(hereinafter, the "Unions") in this action as Rule 19 Parties.
The Unions have voluntarily permitted themselves to be joined in
this action and to be signatories to this Decree in order to
assist in the implementation of the terms of this Decree. The
Unions covenant and represent that they will make best efforts to
effectuate and/or cooperate with all of the non-monetary relief
set forth in or contemplated by this Consent Decree.
3. On April 9, 1996, EEOC initiated this action by filing
its Complaint against MMMA. EEOC filed its First Amended
Complaint on August 14, 1997, to add certain jurisdictional
allegations. EEOC's Complaints alleged that MMMA violated Title
VII of the Civil Rights Act of 1964, as amended, including, but
not limited to, amendments authorized by the Civil Rights Act of
1991, 42 U.S.C. Sec. 2000e et seq. ("Title VII"), by engaging in a
pattern or practice of sexual harassment, sex-based harassment
and retaliation against a class of current and former female
employees since at least 1990. The Complaint and the First
Amended Complaint both further alleged that some of these women
were constructively discharged as a consequence of this pattern
or practice of discrimination.
4. On June 21, 1996, MMMA filed its Answer to EEOC's
Complaint, denying the allegations contained in the Complaint.
5. In the interest of resolving this matter and as a
result of having engaged in comprehensive settlement
negotiations, the Parties have agreed that this action should be
finally resolved by entry of this Decree. This Decree shall not
constitute an adjudication and/or finding on the merits of the
case, and shall not be used as evidence of liability, res
judicata, or collateral estoppel in any other legal proceeding
against MMMA or any of its vendors.
6. This Decree is final and binding upon the Parties,
their successors and assigns.
7. The Parties agree that this Decree resolves all claims
arising out of Commissioner's Charge No. 210 94 2132; the charges
of all individuals who received monetary relief in the lawsuits
Evans v. Mitsubishi Motor Manufacturing of America, Inc., Civil
Action No. 94-1545 (C.D. Ill.) and Aeschelman v. Mitsubishi Motor
Manufacturing of America, Inc., Civil Action No. 96-1212 (C.D.
Ill.); and the Complaints filed in this action, and constitutes a
complete resolution of all claims of sexual harassment, sex-based
harassment, retaliation and/or constructive discharge under Title
VII that were made or could have been made by the Commission in
this action. The Parties further agree that this Decree does not,
however, resolve any Charges that may be pending with EEOC other
than the Charges specifically referred to in this paragraph or
those that may be released by "Eligible Claimants" (as that term
is defined herein) pursuant to this Decree.
8. This Decree constitutes the complete agreement between
EEOC and MMMA with respect to the matters referred to herein. No
waiver, modification or amendment of any provision of this Decree
shall be effective unless made in writing, approved by all
parties to this Decree and approved by the Court or ordered by
the Court.
NOW, THEREFORE, the Court having carefully examined the
terms and provisions of this Consent Decree, and based on the
pleadings, record and stipulations of the Parties, it is ORDERED,
ADJUDGED AND DECREED THAT:
9. This Court has jurisdiction over the subject matter of
this action and over the parties for purposes of entering and
enforcing this Decree.
10. The terms of this Decree are adequate, fair,
reasonable, equitable and just.
11. This Decree conforms with the Federal Rules of Civil
Procedure and is not in derogation of the rights or privileges of
any person. The entry of this Decree will further the objectives
of Title VII and will be in the best interests of the Parties,
those for whom EEOC seeks relief, and the public.
12. This Decree resolves all claims arising out of
Commissioner's Charge No. 210 94 2312; the charges of all
individuals who received monetary relief in the lawsuits Evans v.
Mitsubishi Motor Manufacturing of America, Inc., Civil Action No.
94-1545 (C.D. Ill.) and Aeschelman v. Mitsubishi Motor
Manufacturing of America, Inc., Civil Action No. 96-1212 (C.D.
Ill.); and the Complaints filed in this action, and constitutes a
complete resolution of all claims of sexual harassment, sex-based
harassment, retaliation and/or constructive discharge under Title
VII that were made or could have been made by the Commission in
this action. This Decree does not, however, resolve any Charges
that may be pending with EEOC other than the Charges specifically
referred to in this paragraph or those that may be released by
Eligible Claimants pursuant to this Decree.
13. This Decree comprises the full and exclusive agreement
of the parties with respect to the matters discussed herein. No
representations or inducements to compromise this action have
been made, other than those recited or referenced in this Decree
(including the Exhibits attached hereto).
Scope of Consent Decree
14. The duration of this Decree shall be three (3) years
from the date of entry of the Decree. During that time, this
Court shall retain jurisdiction over this matter and the Parties
for purposes of enforcing compliance with the Decree, including
issuing such orders as may be required to effectuate its
purposes. Accordingly, this Decree shall expire and shall be
without force and effect three (3) years from the date of entry
of this Decree.
General Injunctive Provisions
15. Sexual Harassment. MMMA and its officers, agents,
management (including supervisory employees), successors and
assigns, and all those in active concert or participation with
them, or any of them, are hereby enjoined from: (i)
discriminating against women on the basis of sex; (ii) engaging
in or being a party to any action, policy or practice that is
intended to or is known to them to have the effect of harassing
or intimidating any female employee on the basis of her gender;
and/or (iii) creating, facilitating or permitting the existence
of a work environment that is hostile to female employees.
16. Retaliation. MMMA and its officers, agents, management
(including supervisory employees), successors and assigns, and
all those in active concert or participation with them, or any of
them, are hereby enjoined from engaging in, implementing or
permitting any action, policy or practice with the purpose of
retaliating against any current or former employee of MMMA
because he or she opposed any practice of sex discrimination,
sexual harassment or sex-based harassment made unlawful under
Title VII; filed a Charge of Discrimination alleging any such
practice; testified or participated in any manner in any
investigation (including, without limitation, any internal
investigation undertaken by MMMA), proceeding, or hearing in
connection with this case and/or relating to any claim of sex
discrimination, sexual harassment or sex-based harassment; was
identified as a possible witness in this action; asserted any
rights under this Decree; or sought and/or received any monetary
and/or non-monetary relief in accordance with this Decree.
Monetary Relief
Establishment of Settlement Fund
17. MMMA shall pay the gross sum of THIRTY-FOUR MILLION
DOLLARS ($34,000,000.00) (hereinafter referred to as the
"Settlement Fund") to be distributed among all "Eligible
Claimants" (as that term is defined in paragraph 20 herein), all
in accordance with the provisions of this Decree. None of the
amounts paid to Eligible Claimants shall be for back pay.
18. Within thirty (30) days after entry of this Decree,
MMMA shall establish and maintain a segregated account on its
books, as a liability, for the Settlement Fund in accordance with
generally accepted accounting principles. The Settlement Fund
shall accrue interest, compounded daily, at a rate equal to the
thirty (30) day Treasury Bill Rate (or the closest comparable
rate thereto) as published in the Wall Street Journal on the date
of entry of this Decree. The Settlement Fund shall accrue
interest beginning thirty (30) days after entry of this Decree
and continuing until the date of transfer, as provided for by
paragraph 19 of this Decree, and the interest will be credited
to the account at least once per month.
19. MMMA shall appoint a Payment Agent for the
administration of payments from the Settlement Fund. No later
than seven (7) days before such payments are to be made to
Eligible Claimants, MMMA shall transfer to the Payment Agent for
deposit into an account at a commercial bank both the principal
of and the interest accrued to the Settlement Fund as of the date
of such transfer. Such account shall accrue interest at the
customary rate for such commercial bank beginning seven (7) days
after transfer and continuing until all moneys have been paid out
of that account. Only withdrawals authorized by this Decree may
be made from the account.
Claims Process and Distribution of Settlement Fund
20. Eligible Claimants. The Settlement Fund shall be used
solely to make payments to women who timely submit Claim Forms
(such persons are hereinafter referred to as "claimants") and
whom EEOC determines, subject to Court approval, to be eligible
to receive monetary relief in this lawsuit (such persons are
hereinafter referred to as "Eligible Claimants"). No persons
other than Eligible Claimants shall receive any payments from the
Settlement Fund.
21. Subject only to the approval of the Special Master
and/or the Court (as provided for by this Decree), EEOC shall be
the sole determiner of eligibility for relief under this Decree
and the amount of monetary relief to be received by any Eligible
Claimant under this Decree. MMMA will not participate in or
object to EEOC's determinations.
22. Eligible Claimants shall include only those claimants
who satisfy each and all of the following criteria:
(i) the claimant was either: (a) employed by MMMA at any
time between January 1, 1987 and the date of entry of
this Decree; or (b) worked at MMMA's Normal, Illinois
facility pursuant to a contract between MMMA and her
direct employer at any time during such time period and
has been identified by EEOC, prior to entry of this
Decree, as a potential victim.
(ii) EEOC timely received from such claimant, in accordance
with the procedures set forth in this Decree, a Claim
Form and a Release in the form of Exhibits B and D
attached to this Decree; and
(iii) EEOC received evidence credible to EEOC that the
individual was (a) subjected to sexual harassment
or sex-based harassment, or (b) retaliated against
because she opposed sexual harassment or
participated in any proceeding relating to a
complaint of sexual harassment, sex-based
harassment or retaliation.
23. Acting in its discretion and subject only to final
approval by the Court (or the Special Master as provided for in
paragraphs 34 and 35 this Decree), EEOC shall exclusively
determine the eligibility of claimants for relief under this
Decree. In making such determinations, EEOC may consider
whatever evidence EEOC deems appropriate, including, but not
limited to, evidence received by EEOC in its investigation of the
charge of discrimination underlying this action, in connection
with its litigation of this action, and in connection with the
claims process provided by this Decree.
24. Acting in its discretion and subject only to final
approval by the Court (or the Special Master), EEOC shall assign
each individual whose Claim Form is timely received by EEOC and
whom EEOC determines to be an Eligible Claimant to one of five
"claimant tiers," defined by EEOC to reflect approximately the
relative severity of the Eligible Claimants' claims. In
assigning Eligible Claimants among these five "claimant tiers,"
EEOC will consider the following factors: (i) severity of
harassment/retaliation, (ii) duration of harassment/retaliation,
(iii) extent of harm, (iv) whether the Eligible Claimant was
constructively discharged, and (v) whether and, if so, the extent
to which the Eligible Claimant complained to EEOC and cooperated
or participated in this litigation prior to May 15, 1998.
Individuals who received monetary relief in the lawsuit Evans v.
Motor Manufacturing of America, Inc., Civil Action No. 94-1545
(C.D. Ill.) or Aeschleman v. Mitsubishi Motor Manufacturing of
America, Inc., Civil Action No. 96-1212 (C.D. Ill.), or who,
prior to May 15, 1998, advised EEOC in writing that they did not
wish EEOC to seek relief for them in this litigation, shall not
be Eligible Claimants.
25. Acting in its discretion and subject only to final
approval by the Court, EEOC shall determine the portion of the
Settlement Fund that will be allocated to each of the five
"claimant tiers" provided for by the immediately preceding
paragraph. The amounts allocated to each of the "claimant tiers"
will vary both in gross amount and on a per capita basis. Within
each "claimant tier," the amount of monetary relief to be
received by each Eligible Claimant shall be equal and shall
reflect the factors enumerated in paragraph 24, above. This
Decree contemplates that there will be significant differences in
amounts individually received by Eligible Claimants assigned to
each tier as compared to those in other tiers. No Eligible
Claimant shall receive more than $300,000.00 in gross monetary
relief.
26. This Decree further contemplates that there will be a
substantially greater difference in the amounts individually
received by Eligible Claimants assigned to the lowest tier, with
Eligible Claimants in that lowest tier receiving much lower or
nominal amounts. In assigning Eligible Claimants to that lowest
tier, substantial weight shall be accorded to factor (v) in
paragraph 24, above.
Procedures To Determine Eligibility
27. Notification of Settlement/Claims Process. Within
fourteen (14) days after entry of this Consent Decree, EEOC
shall mail a Notice of Settlement (in the form of Exhibit A-1
attached to this Decree) to all women who were employed by MMMA
at any time between January 1, 1987 and the date of entry of this
Decree. MMMA shall cooperate in the notification process,
including, among other things, providing to EEOC last known
addresses and telephone numbers of current and former female
employees not previously provided to EEOC. All persons who wish
to participate in distribution of the Settlement Fund must
complete and return a Claim Form (in the form of Exhibit B
attached to this Decree) to EEOC so that it is actually received
by EEOC by the close of business forty-five (45) days after the
Notices of Settlement are mailed by EEOC.
28. Within fourteen (14) days after entry of this
Decree, EEOC shall also mail a Notice of Settlement (in the form
of Exhibit A-2 attached to this Decree) to women who worked at
MMMA's Normal, Illinois facility pursuant to a contract between
MMMA and their direct employer and who have been identified by
EEOC, prior to entry of this Decree, as potential victims. This
Decree shall not constitute an adjudication and/or finding on the
merits of the issue of joint employer liability, and shall not be
used as evidence of liability, res judicata, or collateral
estoppel as to that issue in any other legal proceeding against
MMMA.
29. As a further means of notifying potential Eligible
Claimants of the settlement of this lawsuit and of the claims
process described in this Decree, within ten (10) days after
entry of this Decree, there will be published one time in the
editorial (not classified) sections of the Peoria Journal-Star
and the Bloomington Pantagraph a Notice of Lawsuit Settlement in
the form of Exhibit C attached to this Decree. The advertisement
shall be no smaller than two (2) columns by ten (10) inches in
size.
30. ANY PERSON FROM WHOM EEOC HAS NOT ACTUALLY RECEIVED A
COMPLETED CLAIM FORM BY THE CLOSE OF BUSINESS FORTY-FIVE (45)
DAYS AFTER THE NOTICES OF SETTLEMENT ARE MAILED SHALL NOT BE
ENTITLED TO RECEIVE ANY MONETARY RELIEF UNDER THE CONSENT DECREE,
AND SHALL BE DEEMED, WITHOUT FURTHER ACT OR DEED BY ANY PERSON OR
THE COURT, TO BE INELIGIBLE FOR AND FOREVER BARRED FROM RECEIVING
ANY PAYMENTS UNDER THIS CONSENT DECREE.
31. EEOC Determination of Eligibility and Computation of
Claims. Within seventy-five (75) days after the deadline for
receipt by EEOC of returned Claim Forms, EEOC shall make its
determinations as to: (i) the eligibility of each claimant who
has timely submitted a Claim Form to EEOC, and (ii) the "claimant
tier" assignment of each Eligible Claimant. EEOC shall also make
at this time preliminary determinations as to the gross (pre-tax)
amount of monetary relief from the Settlement Fund that will be
awarded to Eligible Claimants in each tier. Such preliminary
determinations may be subject to change based on (i) whether and
the extent to which EEOC's determinations as to eligibility and
tier placement are modified pursuant to the objection process
provided for in this Decree, and/or (ii) the amount of additional
interest that has accrued to the Settlement Fund between the date
on which EEOC renders its determinations pursuant to this
paragraph and the date on which the Settlement Fund is actually
distributed to Eligible Claimants.
32. Notification of Eligibility and Tier Assignment.
Within seventy-five (75) days after the deadline for receipt by
EEOC of returned Claim Forms, EEOC shall mail to each person from
whom it has received a Claim Form a letter containing the
following information: (i) whether she has been designated an
Eligible Claimant; (ii) if so designated, the "claimant tier" to
which EEOC has assigned her and the preliminary determination as
to the gross (pre-tax) amount of monetary relief to which such
person will be entitled as a member of such tier; and (iii) her
opportunity to object to EEOC's determinations in accordance with
the provisions of this Decree. The letter will also inform each
Eligible Claimant that any monetary payments she may receive from
the Settlement Fund may be subject to mandatory federal, state
and local income tax withholding.
33. Claim Forms received by EEOC shall be treated as
confidential and not disclosed to MMMA or any other person or
entity, except that such Claim Forms may be submitted
confidentially to the Special Master or the Court in accordance
with the claims process set forth in this Decree.
34. Objection Procedure. Any claimant whose Claim
Form is timely received by EEOC and who desires to object to an
EEOC determination concerning eligibility or "claimant tier"
assignment may do so by submitting to EEOC, within thirty (30)
days after the date of mailing of EEOC's determination, a
written objection. Any such written objection must state the
basis for the objection, the tier into which the claimant
believes she should have been assigned, and the specific reasons
for such assignment. Within two (2) weeks after receipt of such
written objection, EEOC shall review its determination as to
eligibility and/or "claimant tier" assignment for the objecting
claimant and either modify its determination or deny the
objection and submit the objection to a Special Master, who shall
be nominated by EEOC, and, if acceptable to the Court, approved
by the Court.
35. The Special Master shall promptly consider each written
objection he or she receives. Within twenty-one (21) days after
receiving from EEOC any objections made by a claimant, or as soon
thereafter as is practicable, the Special Master shall render a
final determination as to whether the objecting claimant is an
Eligible Claimant and/or the appropriate "claimant tier" into
which such objecting claimant should be assigned. The Special
Master shall notify, in writing, both EEOC and such objecting
claimant of that final determination, which shall be binding upon
EEOC and the objecting claimant. The Special Master shall change
the "claimant tier" assignment for an objecting claimant only
upon finding that EEOC's initial tier assignment for such person
constituted a gross deviation from EEOC's application of the
provisions contained in paragraphs 22-26, above.
36. Notification of Final Distribution Amount and Release
of Claims. Within twenty-one (21) days after receiving
notification of the Special Master's final determinations for all
claimants who submitted objections, the EEOC shall mail to each
Eligible Claimant a letter notifying her of the gross (pre-tax)
amount of the payment to which such Eligible Claimant was finally
determined to be entitled (hereinafter, the "Final Gross
Settlement Amount"), and further notifying each Eligible Claimant
that in order to receive any monetary payments under this Decree,
she must execute and deliver to EEOC a Release (a copy of which
is attached hereto as Exhibit D). The letter will inform each
Eligible Claimant that such Release must be signed and returned
to EEOC so that it is actually received by EEOC no later than
thirty (30) days after the date on which EEOC mailed the Releases
to such individuals.
37. ANY ELIGIBLE CLAIMANT WHOSE EXECUTED RELEASE IS NOT
ACTUALLY RECEIVED BY EEOC WITHIN THIRTY (30) DAYS AFTER THE DATE
EEOC MAILED SUCH RELEASE TO SUCH ELIGIBLE CLAIMANT WILL BE
INELIGIBLE FOR AND FOREVER BARRED FROM RECEIVING ANY MONETARY
RELIEF UNDER THIS DECREE.
38. Court Approval of Final Distribution Amounts. Within
fourteen (14) days after the time provided for returning Releases
to EEOC has expired, EEOC shall file with the Court a motion for
the Court's approval of the allocation of the Settlement Fund
among Eligible Claimants as determined by EEOC (or, where
applicable, the Special Master). In connection with this motion,
EEOC shall file, under seal, a final settlement distribution list
which shall contain the name, address and Final Gross Settlement
Amount for each Eligible Claimant, as well as a copy of the
Release signed by each Eligible Claimant.
39. Calculation and Distribution of Final Settlement
Amounts. Within fourteen (14) days after the Court enters an
Order approving EEOC's proposed allocation of the Settlement
Fund, the Payment Agent shall notify EEOC of the net amount to be
paid to each Eligible Claimant and the amount of any mandatory
income tax withholding required by federal, state and local
taxing authorities, based on the Final Gross Settlement Amount
indicated by EEOC and approved by the Court in paragraph 38,
above.
40. EEOC shall file with the Court any objections to the
net amounts calculated by the Payment Agent in accordance with
paragraph 39, above, by no later than seven (7) days after
receiving the Payment Agent's proposed net amounts. Within
fourteen (14) days after the period within which EEOC may file
objections expires, or after the Court has issued an order
resolving any objections filed by EEOC to the Payment Agent's
proposed net amounts, whichever occurs last, (a) EEOC shall
provide the original signed releases to MMMA's counsel and (b)
the Payment Agent shall draw on the Settlement Fund checks in the
net amounts calculated by the Payment Agent (or the Court in the
event EEOC files an objection), and shall mail such checks to the
addresses provided by EEOC for the Eligible Claimants, along with
an itemization of any amounts that had been withheld from the
Final Gross Settlement Amount. Simultaneously, the Payment Agent
shall send to the EEOC a listing of each payee's name, the check
amount and an itemization of any amounts withheld. The Payment
Agent shall promptly notify EEOC in writing of any checks that
are returned or are not cashed after a period of thirty (30) days
has elapsed from the date on which the settlement checks were
mailed by the Payment Agent. EEOC may take, at EEOC's expense,
further steps to reach those Eligible Claimants who did not
receive and/or deposit their settlement checks. In the event
that any portion of the Settlement Fund, including accrued
interest, has not been distributed as required by this Decree
after a period of three hundred (300) days has elapsed from the
date on which the settlement checks were mailed by the Payment
Agent, then such remaining amounts from the Settlement Fund shall
be paid, subject to such further orders as the Court may deem
appropriate, to one or more public or not-for-profit
organizations one of whose primary purposes is to benefit women's
workplace interests in the Bloomington-Normal, Illinois area.
EEOC shall determine the organization(s) to receive such funds,
subject to Court approval, and shall so notify MMMA's counsel.
41. All costs associated with the distribution of the
Settlement Fund to Eligible Claimants shall be paid by MMMA,
including without limitation, all costs associated with the
creation of the Settlement Fund, all costs related to the
issuance and mailing of checks from the Settlement Fund, and all
costs relating to the Special Master; except, however, that in
the event that the total costs relating to the Special Master
exceed $25,000, such excess amount shall be paid out of the
interest from the Settlement Fund. If the total excess amount of
the Special Master's costs exceeds the total amount of interest
from the Settlement Fund, MMMA shall be responsible for any
remainder amount of costs owed to the Special Master. Under no
circumstances is MMMA to use the principal or interest from the
Settlement Fund to pay any costs associated with the distribution
of the Settlement Fund other than costs relating to the Special
Master as is specified in this paragraph.
42. All amounts distributed from the Settlement Fund
constitute "compensatory damages," under the Civil Rights Act of
1991, 42 U.S.C. Sec. 1981a. No payment made pursuant to this Decree
shall constitute or be considered to be back-pay.
Non-Monetary Relief
43. MMMA affirms the following "Statement of Zero-Tolerance
Policy and Equality Objectives":
Mitsubishi Motor Manufacturing of America,
Inc. is firmly committed to developing and
maintaining a zero-tolerance policy
concerning sexual harassment, sex-based
harassment and retaliation against
individuals who report harassment in the
company's workplace; to swiftly and firmly
responding to any acts of sexual or sex-based
harassment or retaliation of which the
company becomes aware; to implementing a
disciplinary system that is designed to
strongly deter future acts of sexual or sex-
based harassment or retaliation; to
eradicating any vestiges of a work
environment that is hostile to women; and to
actively monitoring its workplace in order to
ensure tolerance, respect and dignity for all
people.
This paragraph does not create any contractual causes of action
or other rights that would not otherwise exist.
Specific Non-Monetary Relief
44. In order to effectuate the objectives embodied in
MMMA's Statement of Zero-Tolerance Policy and Equality Objectives
and this Decree, MMMA shall make whatever specific modifications
are necessary to its existing policies, procedures and practices
in order to ensure that the following policies, procedures and
practices are in effect:
(a) Sexual Harassment Policy. MMMA agrees that it
shall revise its sexual harassment policy, as
necessary, in order to: (i) provide examples to
supplement the definitions of sexual harassment
and sex-based harassment; (ii) include strong non-
retaliation language with examples to supplement
the definition of retaliation, and provide for
substantial and progressive discipline for
incidents of retaliation; (iii) eliminate the
"false accusation" provision contained in its
current sexual harassment policy; (iv) provide
that complaints of sexual harassment, sex-based
harassment and/or retaliation will be accepted by
MMMA in writing and orally; (v) provide a
timetable for reporting harassment, for commencing
an investigation after a complaint is made or
received and for remedial action to be taken upon
conclusion of an investigation; and (vi) indicate
that, promptly upon the conclusion of its
investigation of a complaint, MMMA will
communicate to the complaining party the results
of the investigation and the remedial actions
taken or proposed, if any.
(b) Complaint Procedures.
(i) MMMA agrees that it shall revise its
complaint procedure as necessary in order to
ensure that it is designed to encourage
employees to come forward with complaints
about violations of its sexual harassment
policy. As part of this policy, MMMA agrees
that it shall provide its employees with
convenient, confidential and reliable
mechanisms for reporting incidents of sexual
harassment, sex-based harassment and
retaliation. MMMA agrees that it shall
designate at least two employees from the
department charged with investigating such
issues as persons who may be contacted, and
their names, responsibilities, work locations
and telephone numbers shall be routinely and
continuously posted. Also as part of its
procedure, MMMA agrees that it shall keep its
24-hour Complaint hotline in place, and shall
take seriously anonymous complaints received
on the hotline. Additionally as part of its
complaint procedure, MMMA agrees that it
shall maintain in the plant the presence of
personnel charged with handling complaints of
sexual harassment, sex-based harassment and
retaliation.
(ii) MMMA agrees that it shall revise its policies
as necessary to enable complaining parties to
be interviewed by MMMA about their complaints
in such a manner that permits the complaining
party, at such party's election, to remain
inconspicuous to all of the employees in such
party's work area. MMMA agrees that its
complaint procedure shall not impose upon
individuals seeking to make a complaint
alleging sexual harassment, sex-based
harassment and/or retaliation any
requirements that are more burdensome than
are imposed upon individuals who make other
complaints of comparable gravity.
(iii) MMMA agrees that it shall revise its
complaint handling and disciplinary
procedures as necessary to ensure that all
complaints of sexual harassment, sex-based
harassment and/or retaliation are
investigated and addressed promptly.
Specifically, MMMA agrees that it shall make
best efforts to investigate all complaints of
sexual harassment, sex-based harassment
and/or retaliation promptly and to complete
investigations within three (3) weeks. MMMA
will further make best efforts to prepare its
written findings of the results of each
investigation and the remedial actions
proposed within seven (7) days after
completion of the investigation, and shall
thereupon promptly communicate to the
complaining party the results of the
investigation and the remedial actions taken
or proposed, if any.
(iv) MMMA agrees that it shall make best efforts
to ensure that appropriate remedial action is
taken to resolve complaints and to avoid the
occurrence of further incidents of sexual
harassment, sex-based harassment and/or
retaliation. MMMA specifically agrees that
its complaint procedure shall include the
power, in MMMA's sole discretion, to order,
during the pendency of the investigation, the
immediate transfer of persons accused of
having violated MMMA's sexual harassment
policy or of persons who claim to have been
victims of such violations, as well as the
power to order the permanent transfer of
employees found to have violated such policy,
and, upon the request of the complaining
party, the permanent transfer of any
complaining party who is found to have been
the victim of a violation of MMMA's sexual
harassment policy. Where possible, transfer
will be in line with seniority. MMMA further
agrees that it shall revise its progressive
discipline policy to provide for substantial
discipline short of termination -- including,
but not limited to, suspensions without pay
-- as a possible consequence for violations of
its sexual harassment policy.
(v) MMMA agrees that it shall, for the duration
of the Decree, permit individual complainants
to appeal MMMA's findings and remedial
actions proposed or taken to the "Complaint
Monitor" (as that term is defined herein), in
accordance with the procedures set forth in
paragraphs 58-67 herein.
(c) Policies Designed To Promote Supervisor
Accountability.
(i) MMMA agrees that it shall impose substantial
discipline -- up to and including
termination, suspension without pay or
demotion -- upon any supervisor or manager
who engages in sexual harassment or sex-based
harassment or permits any such conduct to
occur in his or her work area or among
employees under his or her supervision, or
who retaliates against any person who
complains or participates in any
investigation or proceeding concerning any
such conduct. MMMA shall communicate this
policy to all of its supervisors and
managers.
(ii) MMMA agrees that it shall continue to advise
all managers and supervisors of their duty to
actively monitor their work areas to ensure
employees' compliance with the company's
sexual harassment policy, and to report any
incidents and/or complaints of sexual
harassment, sex-based harassment and/or
retaliation of which they become aware to the
department charged with handling such
complaints.
(iii) MMMA agrees that it will complete its current
revision of the supervisor appraisal process
to include performance evaluations for the
handling of equal employment opportunity
("EEO") issues as an element in supervisor
appraisals, and to link such evaluations
directly to supervisor salary/bonus
structure.
(iv) MMMA agrees that it shall include "commitment
to equal employment opportunity" as a
criterion for qualification for supervisory
positions.
(d) Sexual Harassment Training.
(i) MMMA agrees that it shall continue to provide
mandatory annual sexual harassment training
to all supervisors; to provide mandatory
sexual harassment training to all new
employees during employee orientation; to
provide mandatory sexual harassment training
to all senior management officials; to
provide mandatory sexual harassment training
for all employees of Mitsubishi Motors
Corporation who are assigned to work at
MMMA's facility in Normal, Illinois, prior to
their commencing employment at MMMA's
facility in Normal, Illinois; and to provide
training to all persons charged with the
handling of complaints of sexual harassment,
sex-based harassment and/or retaliation
related thereto conducted by experienced
sexual harassment educators and/or
investigators to educate them about the
problems of sexual harassment in the
workplace and the techniques for
investigating and stopping it.
(ii) MMMA agrees that it shall require a senior
management official to introduce all sexual
harassment training to communicate MMMA's
commitment to its Statement of Zero-Tolerance
Policy and Equality Objectives.
(e) Policies Reflecting Sensitivity to Women's Needs.
MMMA agrees that it shall create a nursing room
where nursing mothers can express milk in private,
and shall make certain that its practices with
respect to personal and hygienic needs of its
female employees are realistic, appropriate and
fairly administered in accordance with the April
6, 1998 OSHA interpretation of 29 C.F.R.
1910.141(c)(1)(i).
(f) Consent Decree Monitors. In accordance with
paragraphs 45-57 of this Decree, MMMA and EEOC
shall appoint Consent Decree Monitors who will
have broad powers to effectuate the purposes of
this Decree.
(g) Complaint Monitor. In accordance with paragraphs
58-67 of this Decree, MMMA shall modify its
complaint procedures to provide for the
appointment of a Complaint Monitor who will, for
the duration of this Decree, monitor MMMA's
investigation and resolution of complaints
alleging violations of MMMA's sexual harassment
policy.
Creation and Function of Consent Decree Monitors
45. Immediately upon entry of this Decree, MMMA and EEOC
will establish a panel of independent Consent Decree Monitors
(the "Decree Monitors") to oversee the implementation by MMMA of
the terms of this Decree.
46. The Decree Monitors will have authority, for the entire
term of the Decree, under Court supervision, to determine the
policies, procedures and practices that should be developed,
modified or implemented to meet the non-monetary relief
objectives of this Decree.
47. The panel of Decree Monitors will consist of three
persons: one MMMA appointee, one EEOC appointee, and one
appointee agreed to by the Parties who will serve as Chairperson.
MMMA's appointee shall be Joyce E. Tucker. EEOC's appointee
shall be Nancy B. Kreiter. The Chairperson shall be George F.
Galland, Jr. In the event a Decree Monitor is unable or
unwilling to continue to serve as a member of the panel of Decree
Monitors, the party who selected such Decree Monitor shall have
the authority to replace that member, subject to Court approval.
If the Chairperson is unwilling or unable to continue to serve as
Chairperson, the parties shall jointly select a new Chairperson,
subject to Court approval.
48. The panel of Decree Monitors will operate as a team and
will work together in their oversight of the implementation of
this Decree. The Decree Monitors will attempt to reach consensus
on all recommendations; provided, however, that if they are
unable to reach unanimity as to a specific recommendation, a
majority shall prevail.
49. Within two (2) months after their appointment, the
Decree Monitors will: (i) evaluate all existing employment
policies, procedures and practices that are related to the
objectives contained in the Statement of Zero-Tolerance Policy
and Equality Objectives and this Decree; and (ii) after
consultation with EEOC and MMMA, make recommendations for any
changes to such existing policies, procedures and practices that
the Decree Monitors believe are necessary or appropriate for
achieving MMMA's Statement of Zero-Tolerance Policy and Equality
Objectives. The Decree Monitors shall report their findings and
recommendations to EEOC and MMMA.
50. MMMA shall implement each recommendation of the Decree
Monitors unless, within twenty-one (21) business days after
receiving a recommendation, MMMA files an objection with EEOC
that the Decree Monitors' recommendation, in whole or in part,
involves the application of unsound business judgment or is
technically not feasible. The parties will then have thirty (30)
business days within which to try to resolve the objection. If
they are unable to do so, MMMA shall then have seven (7) business
days within which to file an objection with the Court.
51. In the event that MMMA files with the Court an
objection to any of the Decree Monitors' recommendations, EEOC
will participate in the proceedings with the Court.
52. Within one (1) year after their appointment, the Decree
Monitors shall complete their own review and evaluation of all
current employment policies and practices that are related to the
Statement of Zero-Tolerance Policy and Workplace Objectives, and
shall submit a written report to EEOC, MMMA and the Court setting
forth the following information:
(i) an assessment of whether MMMA has successfully
implemented each specific change to its policies
and practices Ordered in paragraph 44 above;
(ii) for each specific change that has not been
successfully implemented, a statement discussing
the reason for MMMA's failure to implement such
change;
(iii) an evaluation of the impact of the specific
changes made pursuant to this Decree;
(iv) an assessment of the effectiveness of MMMA's
policies and practices for achievement of MMMA's
Statement of Zero-Tolerance Policy and Equality
Objectives;
(v) recommendations for any changes to existing
practices, policies or programs or any additional
policies, practices or programs that the Decree
Monitors deem necessary or appropriate for
achieving MMMA's Statement of Zero-Tolerance
Policy and Equality Objectives and the terms of
this Decree; and
(vi) timetables for implementation and completion of
compliance with any of their recommendations,
subject to the terms of this Decree.
53. Thereafter, for the duration of the Decree, the Decree
Monitors will be responsible for continuing the review and
evaluation of all ongoing employment policies and practices of
the Company relating to MMMA's Statement of Zero-Tolerance Policy
and Equality Objectives and the terms of this Decree, as well as
monitoring the impact and effectiveness of their recommendations.
The Decree Monitors will continue during this time to recommend
revisions or modifications to ongoing employment policies and
practices in order to achieve the Statement of Zero-Tolerance
Policy and Equality Objectives and the terms of this Decree. At
the end of each successive year, the Decree Monitors shall submit
an annual report to EEOC, MMMA and the Court setting forth the
information described in paragraph 52 herein.
54. MMMA shall implement each recommendation of the Decree
Monitors except as in accordance with the provisions for making
objections set forth in paragraphs 50-51 of this Decree.
55. MMMA shall cooperate with the Decree Monitors in
connection with their efforts to oversee and monitor the
implementation of the non-monetary relief objectives of the
Decree, including providing reasonable access to all relevant
documents and other sources of information, in whatever form they
are maintained in the ordinary course of business, necessary or
appropriate to the exercise of their authority. The Decree
Monitors shall make best efforts to minimize the disruption to
the workplace during the course of their oversight. Nothing in
this Decree shall confer on the Decree Monitors the power to
require the disbandment or reorganization of any Department at
MMMA; provided, however, that the Decree Monitors shall have the
power to make specific recommendations for changes to the
operations of any Department necessary or appropriate to achieve
the objectives of the Statement of Zero-Tolerance Policy and
Equality Objectives and of this Decree. Given the need of each
Decree Monitor to review confidential business information of
MMMA, each Decree Monitor will sign a confidentiality agreement.
56. MMMA shall be responsible for the implementation of all
non-monetary relief under the terms of this Decree, except as
otherwise provided herein. MMMA shall not be precluded from
developing and implementing its own programs as it may find
appropriate. In formulating their determinations and
recommendations, the Decree Monitors will take such programs into
account.
57. MMMA shall compensate all Decree Monitors, at their
customary rates or upon other terms acceptable to MMMA, the
Decree Monitors and EEOC. MMMA shall pay any and all reasonable
costs necessary to fulfill the work of the Decree Monitors.
Monitoring of Complaints
58. In addition to the functions and purposes described
above, the Decree Monitors shall also have the responsibility for
overseeing the investigation of all sexual and sex-based
harassment and related retaliation complaints reported to MMMA.
The Chairperson shall be initially designated as the person who
will be responsible for monitoring such complaints (such
designated person is hereinafter referred to as the "Complaint
Monitor").
59. MMMA shall transmit to the Complaint Monitor a copy of
each such written complaint reported to MMMA as soon as
practicable and, in any event, no later than the close of the
next business day after MMMA receives any such complaint.
60. The Complaint Monitor will oversee the investigation
and, where appropriate, may make recommendations to MMMA
concerning the conduct of the investigation of each such
complaint. MMMA shall make a good faith best effort to follow
any recommendations made by the Complaint Monitor concerning the
conduct of the investigation. The Complaint Monitor may also
interview the complaining party, if the Complaint Monitor deems
it appropriate.
61. Upon completion of the investigation, MMMA shall
promptly prepare and provide the Complaint Monitor with a copy of
a written report summarizing the investigation undertaken and any
remedial actions taken or proposed by MMMA, and shall also
promptly communicate to the complaining party the results of the
investigation and the remedial actions taken or proposed, if any,
and shall further inform the complaining party of her right to
appeal MMMA's finding to the Complaint Monitor.
62. If, upon receiving and reviewing an appeal from an
individual complainant or upon its own initiative, the Complaint
Monitor believes that the remedial action proposed by MMMA is
inconsistent with MMMA's Statement of Zero-Tolerance Policy and
Equality Objectives or with the terms of this Decree, the
Complaint Monitor shall first attempt to resolve the disagreement
with MMMA. If MMMA and the Complaint Monitor are unable to reach
a resolution of their disagreement to the satisfaction of the
Complaint Monitor, the Complaint Monitor shall report to EEOC any
such inconsistency.
63. Nothing in this Decree vitiates the right of employees
or their Unions to file grievances under the collective
bargaining agreement, including but not limited to matters
related to alleged sexual harassment or alleged improper
disciplinary actions. In the event any disciplinary action taken
by MMMA is overturned by an arbitrator as the result of a union
grievance, the decision of the arbitrator shall, to the extent
required by law, be final and binding. The parties to this
Decree recognize that the Unions and MMMA have certain
obligations under the National Labor Relations Act; this Decree
will be administered consistent with federal labor and employment
discrimination laws.
64. Except for communicating as may be necessary with MMMA
and EEOC, the Complaint Monitor shall retain all information
supplied by MMMA relating to each complaint in strict confidence.
65. MMMA shall inform all employees of the appointment and
function of the Complaint Monitor, and each individual who files
a written complaint to MMMA shall receive, upon the filing of
such complaint, a written notice informing him/her of the
existence and function of the Complaint Monitor. Such notice
shall provide the name, telephone number and address at which the
Complaint Monitor may be reached, and shall inform the
complainant of his/her right to contact the Complaint Monitor and
to appeal MMMA's findings and proposed remedial actions to the
Complaint Monitor.
66. MMMA shall compensate the Complaint Monitor at his/her
customary rates or upon other terms acceptable to MMMA, the
Complaint Monitor and EEOC. MMMA shall also pay any and all
reasonable costs necessary to fulfill the work of the Complaint
Monitor.
67. The work of the Complaint Monitor shall continue for
the full term of this Decree, three (3) years. In the event that
the Complaint Monitor is unable or unwilling to continue to serve
as Complaint Monitor for the full term of the Decree, then the
Decree Monitors shall unanimously designate a new Complaint
Monitor to be selected from one of them, subject to the approval
of EEOC and MMMA. Such approval may not be unreasonably
withheld. In the event that none of the Decree Monitors is able
to serve as the Complaint Monitor, then the Decree Monitors shall
unanimously designate an outside person to serve as Complaint
Monitor, subject to the approval of EEOC and MMMA.
Posting of Notice
68. Within two (2) weeks after entry of this Decree,
MMMA shall post a notice in the form of Exhibit E attached to
this Decree in prominent and conspicuous locations throughout its
facilities in Normal, Illinois. The notice shall remain posted
for the duration of this Decree. In the event that the persons
and/or departments to whom individuals should make complaints
alleging sex-harassment, sex-based harassment and/or retaliation
change during the term of the Decree such that the information
contained on the Notice is no longer accurate, MMMA shall
immediately notify EEOC, who shall then prepare and deliver to
MMMA a new notice that contains the correct information. MMMA
shall thereupon promptly replace the old notices with the revised
notices.
69. MMMA shall provide a copy of the Decree to any employee
who requests one.
Dispute Resolution
70. In the event that either party to this Decree believes
that the other party has failed to comply with any provision(s)
of the Decree, the complaining party shall notify the alleged
non-complying party in writing of such non-compliance and afford
the alleged non-complying party ten (10) business days to remedy
the non-compliance or satisfy the complaining party that the
alleged non-complying party has complied. If the alleged non-
complying party has not remedied the alleged non-compliance or
satisfied the complaining party that it has complied within ten
(10) business days, the complaining party may apply to the Court
for appropriate relief. In the event that, upon the expiration
date of this Decree, a dispute is pending pursuant to this
paragraph, then the term of this Decree shall be extended, with
respect to the issue in dispute only, until such time as such
dispute is resolved by the Parties or the Court.
Enforcement of Decree
71. EEOC, MMMA and the Unions will make best efforts to
effectuate the terms of this Decree.
72. EEOC and the Decree Monitors shall each have
independent authority to seek the judicial enforcement of any
aspect, term or provision of this Decree and may take appropriate
measures to effectuate enforcement of this Settlement Agreement
and any of its terms or provisions.
73. Eligible Claimants shall have no independent right
to enforce any of the terms of this Decree.
74. The Unions shall have no independent right to enforce
any of the terms of this Decree; provided, however, that the
Unions may continue to enforce other contractual or statutory
rights not created by this Decree.
75. The Court will take whatever measures it deems
appropriate to effectuate the enforcement of the terms of this
Decree.
76. Nothing in this Decree is intended to confer upon any
person other than EEOC, MMMA and the Decree Monitors the right to
seek enforcement of this Consent Decree or of any of the terms
contained herein.
Confidentiality
77. The Parties shall keep confidential the names of all
Eligible Claimants and the Distribution Amounts that each
received.
78. The Pre-Trial Protective Order entered by the Court on
February 12, 1997 shall continue to remain in full force and
effect and govern all confidentiality issues for the duration of
the Decree. The Decree Monitors and Complaint Monitor shall, as
a precondition to their appointment, agree in writing to abide by
the terms of the Pre-Trial Protective Order; except, however,
that none of the various reports and submissions prepared by the
Decree Monitors in accordance with the terms of this Decree shall
be treated as confidential or subject to the Pre-Trial Protective
Order.
Costs
79. MMMA agrees to pay all costs associated with the
administration of this Decree, except as is specifically provided
otherwise in this Decree.
80. Each Party shall bear its own costs and attorneys' fees
associated with this litigation, and neither Party shall seek
reimbursement for any outstanding litigation costs.
Other General Provisions
81. Computation of Time Periods. In computing any period
of time prescribed or allowed by this Decree, unless otherwise
stated, such computation shall be made consistent with the
Federal Rules of Civil Procedure.
82. Counterparts. This Decree may be executed in one or
more counterparts, and each executed copy shall be deemed an
original which shall be binding upon all parties hereto.
83. Persons Bound By Decree. The terms of this Consent
Decree are and shall be binding upon the Parties, and upon all of
their present and future representatives, agents, directors,
officers, assigns and successors of MMMA.
84. MMMA Not Required to Violate Existing Law. MMMA is not
required by this Consent Decree to violate any applicable law,
order, ordinance, or regulation as interpreted by controlling
judicial authority. This paragraph applies to final decisions of
all Federal and State courts and agencies with jurisdiction over
MMMA and to all court orders naming MMMA. In the event of any
conflict between federal law and state law, federal law shall
govern.
85. Notices. Except as is otherwise provided for in
this Decree, all notifications, reports and communications to the
Parties required under this Decree shall be made in writing and
shall be sufficient as hand-delivered or sent by first class mail
to the following persons:
For EEOC: For MMMA:
John C. Hendrickson, Esq. Gary L. Shultz, Esq.
Regional Attorney Vice President and General Counsel
EEOC MMMA
500 W. Madison St. 100 North Mitsubishi Motorway
Suite 2800 Normal, Illinois 61761
Chicago, Illinois 60661
Any party may change such addresses by written notice to the
other parties, setting forth a new address for this purpose.
Notwithstanding the provisions for notification contained in this
paragraph, the Parties may send each other such notifications,
reports and communications by facsimile transmission.
86. Construction. The terms of this Decree are the
product of joint negotiations and shall not be construed as
having been authored by one party rather than another.
87. Integration. This Decree constitutes the entire
agreement between MMMA and EEOC hereto with respect to the
matters herein and it supersedes all negotiations,
representations, comments, contracts, and writings prior to the
date of this Consent Decree.
SO ORDERED, ADJUDGED AND DECREED this ______ day of ______,
1998.
__________________________________
United States District Court Judge
Agreed to in form and content:
FOR THE PLAINTIFF,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:
C. Gregory Stewart
General Counsel
Gwendolyn Young Reams
Associate General Counsel
Equal Employment Opportunity Commission
1801 "L" Street
Washington, D.C. 20507
______________________________ ______________________________
John C. Hendrickson Pamela Moore Gibbs
Regional Attorney Trial Attorney
______________________________ ______________________________
Jean P. Kamp Michelle A. Caiola
Supervisory Trial Attorney Trial Attorney
______________________________ ______________________________
Steven J. Levine Noelle Brennan
Trial Attorney Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
500 West Madison Street
Suite 2800
Chicago, Illinois 60661
(312) 353-8551
Dated: _________________
Agreed to in form and content:
FOR THE DEFENDANT,
MITSUBISHI MOTOR MANUFACTURING OF AMERICA, INC.:
______________________________ Dated:______________
Walter B. Connolly, Jr.
MILLER, CANFIELD, PADDOCK
& STONE, P.L.C.
150 West Jefferson Avenue
Suite 2500
Detroit, Michigan 48226
(313) 963-6420
______________________________ Dated:______________
Alison B. Marshall
MILLER, CANFIELD, PADDOCK
& STONE, P.L.C.
1900 K Street, NW
Suite 1150
Washington, D.C. 20006
(202) 429-5575.Agreed to in form and content:
FOR RULE 19 PARTY UAW INTERNATIONAL:
______________________________ Dated:______________
Paul C. Korman
Director, UAW Region 4
Paul C. Korman
Director, UAW Region 4
2700 South River Road, 2d Floor
Des Plaines, IL 60018
.Agreed to in form and content:
FOR RULE 19 PARTY UAW LOCAL UNION 2488:
______________________________ Dated:______________
Charles Kearney
President, UAW Local 2488
UAW Local 2488
Charles Kearney -- President
RR 3, Box 560
Bloomington, IL 61704