CURRICULUM VITAE
JEROME M. STALLER, Ph.D.

PAPERS AND PUBLICATIONS

“Debating Damages," Claims magazine, May 1995,

"Value of Life Estimates: Too Imprecise for Courtroom Use," with Brian P. Sullivan
and Edward A. Friedman, Journal of Forensic Economics Vol. VII, No. 2
(Spring/Summer 1994).

“How a Court Assessed Recovery for Reduced Life Expectancy," Medical
Malpractice Law and Strategy, April 1994.

"Current State of CPLR Articles 50-A, 50-B: Few Answers, New Questions,"
with Kenneth Mauro, Esq. and Brian P. Sullivan, Ph.D., New York Law Journal,
January 27, 1994.

“Hedonic Damages: Junk Science Goes to Court," Chronicle of the National
Association of Railroad Trial Counsel, September/October 1993,

“Court of Appeals Clarifies Right of Recovery," Maryland Trial Lawyers'
Association Trial Reporter, July 1993.

"Faulty Damages Calculations Can Ruin Case," with Bruce J. Klores, Esq.
Product Liability Law and Strategy, June 1993.

"Economists Can't Total Life's Value," with Edward A. Friedman, Ph.D.,
The National Law Journal, March 23, 1992.

"When ‘Astronomical’ Isn't Enough: Presenting Future Medical Damages,"
The Legal Intelligencer, February 11, 1992.

“What Price Life? Hedonic 'Experts' Claim to Know," with A. Michael Barker,
New Jersey Law Journal, February 3, 1992.

"Comment on the Accuracy and Usefulness of Hedonic Loss Estimates," with
Brian P. Sullivan, Ph.D., Journal of Forensic Economics, Vol. V, No. 2,
Winter 1991,

“Periodic Payment Laws May Not Meet Their Goals,” with Kenneth Mauro, Esq.,
Medical Malpractice Law and Strategy, December 1991.

“Annuitists' Testimony Can be Misleading," Medical Malpractice Law and
Strategy, November 1991.


CERTIFICATE OF SERVICE
| hereby certify that | served a copy of the foregoing on Donald P. Russo, 117
East Broad Street, P.O. Box 1890, Bethlehem, PA 18016-1890; Thomas P. Fischer,
Broscious & Fischer, 111 West Washington Avenue, P.O. Box 230, Washington, NJ
07882; and Jordan B. Yeager, 8 West Oakland, Doylestown, PA 18901 attorneys for
Plaintiffs, by regular U.S. mail, postage paid, this mc day of January, 2005.

——_——£,

108788


16. Do you know what feelings that caused?
17. | Why do you think that was?
18. | How do you think those feelings might affect your consideration of this case?

19. Have you or has any member of your family or any close friend ever retired from
a job for reasons that you believed at the time or that you believe now were unfair?

20. Do you know what feelings that caused?
21. | Why do you think that was?
22. How do you think those feelings might affect your consideration of this case?

23. Have you or any family member or close friend ever complained to any employer
about unfair treatment?

24, Have you or has any member of your family or any close friend ever filed a
charge against an employer with any agency of the state or federal government,
including the Equal Employment Opportunity Commission, the Pennsylvania Human
Rights Commission, or the National Labor Relations Board?

25. Are you or is any member of your family or any close friend currently unemployed
and looking for work?

26. Have you changed jobs in the last two years?
27. Have you had more than three job changes in the last ten years?

28. . Are you or is any member of your family or any close friend a member of a
union?

29. Have you or has any member of your family or any close friend ever been a
member of a union in the past?

30. Have you or has any member of your family or any close friend ever had any
involvement in negotiating a collective bargaining agreement between a union and an
employer?

31. Have you or has any member of your family or any close friend ever voted for or
against a strike?

32. Have you or has any member of your family or any close friend ever taken part in
a strike?


Date Location Description

2001/09/25 | DO00670 Letter modifying insurance proposal

2001/10/26 | D000672 Working document for implementation

2001/11/15 | D000710 Closure agreement

2001/01/25 | DO00711 Prenegotiation

2001/04/03 | D000712 IMMCO Proposal, economic and non-
economic

2001/04/25 | D000718 IMMCO proposal

2001/04/27 | D000721 IMMCO proposal

2001/05/15 | D000723 IMMCO proposal (2 documents)

2001/05/21 | D000725 IMMCO proposal

2001/06/21 | D000728 IMMCO proposal

2001/07/17 | D000730 IMMCO proposal (made orally)

2001/10 SCHELL00646 First IMMCO buyout proposal
NLRB

2001/07/13 | DOOO860 NLRB charge filed by IMMCO

2001/07/24 | D000867 NLRB charge filed by IMMCO

2001/09/26 | D000874 NLRB charge filed by IMMCO

2001/10/05 | SCHELL00323-325 IMMCO NLRB position statement

2001/10/26 | D000881-882 Letter from NLRB — refusal to issue
complaint

2001/11/07 | D000884 IMMCO's notice of appeal

2001/11/20 | D000891 IMMCO's withdrawal of appeal

EEOC Questionnaires

Schell's submission to the EEOC and letter



. CURRICULUM VITAE
: JEROME M. STALLER, Ph.D.

PERS AND P’ TION:

"Treatment of Escalators Under Wage and Price Controls," In Wage and Price
Controls: The U.S. Experiment. Blain Roberts and John Kraft, editors. Praeger
Publishers Inc., New York, with Loren Solnick,

"The Effect of Escalators on Wage Rates in Major Contracts Expiring in 1974,”
Monthly Labor Review, with Loren Solnick, July 1974.

"The Use of Escalators in the Public Sector,” Paper presented before the Public
Sector Labor Relations Conference Board, 1974.

"Project Independence: Labor Report," Government Printing Office,
Washington, D.C., 1973.

“The Impact of the Economic Stabilization Program on the Collective Bargaining
Process," Paper presented before the Washington Chapter of the industrial
Relations Research Association, 1973, with Ross Azevedo.

“Equity Considerations in the Economic Stabilization Program," Paper presented
before the first Conference of the Colloquium for Social Philosophy on Equality,
1973.

"Fringe Benefits in Unionized Community Colleges," 1972, with Robert Paterson.

"The Broad and Columbia Subway Study,” U.S. Department of Transportation,
1971, with colleagues.

“The State of the Market," Quarterly report to the Automotive Parts and Accessories
Trade Publication, with Ross Azevedo.

"Structuring Settlements in Personal Injury Cases: The Role of the Economist,”
ALI-ABA Seminar on Litigating Medical Malpractice Claims, 1981, Washington,
DC.

“Estimating the Value of a Lawyer," Air and Space Section of the American Bar
Association, 1983.

"Structured Settlements: An Attomey’s Guide,” Paper presented before the
Pennsylvania Bar Association seminar Structured Settlements 1983,
Pittsburgh and Philadelphia.


EXHIBIT 1

LIST OF EXHIBITS

Date Location Description

1997 CBA Bell & Howell and IMMCO

1976 Supplemental Pension Agreement.

2000/09/14 | SCHELL00403 IMMCO 9/14/00 posting

2000/09/14 | SCHELL00404 IMMCO 9/14/00 posting

2000/10/09 | SCHELL00001-7 Handwritten notes of IMMCO meeting on
10/9/00

2000/12/11 | SCHELL0019-24 Handwritten notes of IMMCO meeting on
12/11/00

2001/01/18 | D000001-28 PowerPoint presentation: Managers &
Supervisors Meeting

2001/01/09 | D000733 Purdy’s 1/9/01 letter.

2001/01/12 | SCHELLO0378-379 | IMMCO minutes of internal 1/12/01 meeting

2001/01/25 | D000430-465 Company’s 1/25/01 proposal with cover
letter.

2001/01/26 | D000738 IMMCO's notice of termination of CBA

2001/01/26 | D000737 1/26/01 memo to IMMCO members about
contract negotiations

2001/01/30 | SCHELLO0294 1/30/01 internal IMMCO memo from
committee to members

2001/02/12 | SCHELL00034-41 Handwritten notes of IMMCO meeting on
2/12/01

2001/02/19 | SCHELLO0291 Schell 2/19/01 cover memo to IMMCO
committee

2001/02/20 | SCHELLO0289 IMMCO’s 2/20/01 letter to Company

withdrawing IMMCO’s request for an
enhanced retirement proposal.



1969-1971 Reginald Heber Smith Community Lawyer Fellow
1968-1969 Associate, Baker & Hostetler (formerly Baker, Hostetler & Patterson),
Cleveland, Ohio
Professional Activities:
Industrial Relations Research Association, Chicago Chapter,
President (1997-1998); Vice-President-Programs (1996-1997);
Board Member (1994-1999)

Chair, Regional Directors' Committee, National Labor Relations Board (1997-1999);
Committee member various years

Member, American Bar Association, Labor and Employment Law Section
Member, State Bar of Michigan, Labor and Employment Law Section

Member, Association for Conflict Resolution, National and Chicago Chapter


CURRICULUM VITAE

— JEROME M. STALLER, Ph.D.

PAPERS AND PUBLICATIONS

“Future Care Costs Can be a Significant Part of Damages," Medical Malpractice
Law and Strategy, June 1991.

"Lost Earning Capacity: Not So Easy to Calculate," Product Liability Law and
Strategy, June 1991.

“The New Damages Landscape: Uncharted Territory," with Kenneth Mauro, Esq.
New York Negligence Reporter, March 1991.

“Building a Solid Damages Case in Malpractice Suits," Medical Malpractice
Law and Strategy, January 1991.

"Collateral Confusion: Coping with Jury Verdict Offsets," (with Kenneth Mauro)
New York Law Journal, December 31, 1990.

“Evaluating Evidence on Annuities," The National Law Journal, December 31,
1990.

"The Confusion Factor: Conflicts In Future Damages Formulas,” with Kenneth
Mauro, Esq., New York Law Journal, September 21, 1990.

“Testimony From Oz: ‘Hedonic’ Damages in Personal Injury,” For the Defense,
August 1990,

"Plaintiffs Get More Leverage in Race Discrimination Suits," with Brian P.
Sullivan, Ph.D., The Pennsylvania Law Journal-Reporter, April 16, 1990.

“Lost Income of Entrepreneurs: Determining Passive Income,"
The Pennsylvania Law Journal-Reporter, December 11, 1989.

“Placing a Value on the Enjoyment of Life,” For the Defense, June 1989

"What Are the Chances: Risks, Odds and Likelihood in Everyday Life," with
Bernard Siskin, Ph.D. Crown Publishing, 1989.

“Court Clarifies Role of Fixed Costs in Damages," The Legal Intelligencer,
April 26, 1989.

"Inside the Jury Room in the Jessica Savitch Case," The Legal Intelligencer,
January 23, 1989.

"Weigh Fixed Costs When Evaluating Sole Proprietors," The Legal Intelligencer,
December 12, 1988.


THE CENTER FOR FORENSIC

ECONOMIC STUDIES

RESEARCH WM CONSULTING @ LITIGATION SUPPORT

CurricuLum Vitag
BRIAN P. SULLIVAN, Ph.D.

Vice President
EDUCATION,

University of North Carolina - Chapel Hill. September 1970 - June 1974
Ph.D. in Economics.

Areas: Microeconomic Theory, Econometrics.

Dissertation: New Estimates of the Translog Production Function

in U.S, Manufacturing.

King's College - Wilkes-Barre, Pennsylvania
September 1966 - June 1970
B.A. in Economics.

AWARDS AND Honors
University of North Carolina Research Fellowship, 1970.

National Defense Education Act Fellowship, 1971.
University of North Carolina Teaching Fellowship, 1972-1973.
Ford Foundation grant for Economics Education, University of Indiana, 1973.

Omicron Delta Epsilon - Economics Honor Society, 1972.

CURRENT POSITION

Senior Economist, the Center for Forensic Economic Studies, May 1987 to present.
Responsibilities: Preparation of analyses and testimony on such matters as lost
earnings due to personal injury and death; employment discrimination (economic
damages and statistical assessment of liability); commercial litigation; health eco-
nomics; and public-utility rate-making.

Previous EXPERIENCE

Executive Economist, R.W. Beck and Associates, Aprill986 to May 1987.
Responsibilities: Direct and perform statistical and econometric analyses of
telecommunications demand, Evaluate new business opportunities in the
telecommunications industry. Prepare and present testimony on rates, costs and
engineering of telephone systems.

1608 Walnut Straat, Eighth Floor, Philadelphia, Pennsylvania 19103 (215) 546-5600
Penn Plaza Center, Suita 3600, 250 West Thity Fourth Steet, New York, NY 10119 (212) 873-5855,
2201 ‘I* Street, N.W,, Suite 300, Washington, OC 20005 (202) 530-8808
3102 Oak Lawn Avanue, Suite 700. Datlas, Texas 75219 (214) 210-2917
cles@cles.com ‘nttp:/Awerw.cfes.com


_ CurRRICULUM VITAE
JEROME M. STALLER, Ph.D.
PAPERS AND PUBLICATIONS
“Periodic Payment and Settlement Act of 1983,” The Practical Lawyer, June 1983;
The Legal Intelligencer, May 1983; The Washington Law Reporter, June 1983; The
Audio Lawyer, July 1983.

“Example of an Economic Assessment by an Economist," The Trial Lawyer's
Guide, Summer 1983.

"The Attorney's Dilemma: Obtaining a Proper Fee from a Structured Settlement,"
The Practical Lawyer, 1983.

"Valuation and Distribution of Marital Property," Matthew Bender, 1984.

“Alternative Dispute Resolution and Employment Rights Cases," Paper presented
to the Practising Law Institute, 1984.

"An Economist Looks at Kaczkowski v. Bolubasz," Paper presented to the
Pennsylvania Trial Lawyers Association, Civil Program Judges, Philadelphia, 1981.

“Economics for the Defense," Paper presented to the National Association of
Railroad Trial Counsel, Washington, 1981.

“The Economics of Compensation," Paper presented to the BNA Symposium on
Comparable Worth, New York, 1981.

"The Two Heads of OFCCP," with Bernard R. Siskin, proceedings of the 1980
Spring meetings of the Industrial Relations Research Association.

"Impact of the Davis-Bacon Act: A Comment," Policy Analysis, Summer 1979.

“Wage Indexation and Wage Differential," Industrial Relations Research
Association's Proceedings of the Thirtieth Annual Winter Meeting, 1977.

“Relative Wages and Escalation," Paper presented before the Industrial Research
Association, New. York, 1977.

"The Impact of Illegal Aliens on the Labor Market," in the Domestic Task Force
Report on Illegal Immigration, 1976.

"The Conflict Between Equity and Stabilization," paper presented before the
Atlantic Economic Association, 1975.

"Bargaining: Its Impact on Faculty in Two-Year Public Colleges," National
Center for the Study of Collective Bargaining in Higher Education, 1975.


EXHIBIT 3

1. Do you know any parties or any members of their families, which include:

2. Do you know any of the attorneys or any members of their families? The names
of the attorneys are:

3. Do you know any of the partners or law associates of any of the attorneys?

4. Have you heard or read or know anything about the subject matter of this trial?
5. Have you or has any member of your household been a party, either plaintiff or
defendant, in a civil case that has been filed in the past ten years?

6. Have you ever been a witness in a case?

7. Has there been any experience in your personal life or the personal life of any

member of your family that you believe would influence your judgment as a fair and
impartial juror?

8. If your service on this case would require your presence here for two to three
weeks, do you have any plans that would be interfered with by service on this jury?

9. Have you or has any member of your family or any close friend ever done
business with Bell & Howell?

10. Are you related to or do you know any officer, director, or employee of Bell &
Howell?

11. Do you now or have you in the past, individually or as an employee of a
company, ever provided goods or services to Bell & Howell?

12. Have you or has any member of your family ever done business as a corporation
or company?

13. | Have you or has any member of your family or close friend had any special
training, knowledge, or experience in personnel matters, labor-management relations,
or negotiating collective bargaining agreements between employers and unions? _~

14. Have you or has any member of your family or any close friend ever been
discharged by an employer?

15. If your or a member of your family or a close friend was discharged by an
employer, did you believe at the time or do you believe now that the person discharged
was treated unfairly?


CURRICULUM VITAE
JEROME M. STALLER, Ph.D.

PAPERS AND PUBLICATIONS

“Using Regression Analysis,” Product Liability Law & Strategy, February 2004.

“The ‘Lost Chance’ Theory of Recovery,” Medical Malpractice Law & Strategy,
January 2004,

“Discovery on Economic Loss: Beware of Placing a Value on Careers,” Product
Liability Law & Strategy, October 2002.

“Mandatory Periodic Payments Not a Panacea for High Costs,” Medical Malpractice
Law & Strategy, April 2002.

“Attomey Fees and Other Mysteries of HB 1802,” The Pennsylvania Law Weekly,
April 15, 2002.

“Statistical Problem Areas in Economic Damages Evidence,” Medical Malpractice
Law & Strategy, September 2001.

“Judge Posner: ‘There’s a Role for Professional Associations to Play in Screening
Experts,"” BNA Inc. Expert Evidence Report, September 10, 2001.

“Effective Cross-Examination on Economic Damages in Products Liability Cases,”
Product Liability Law & Strategy, May 2001.

“The Application of Daubert and Kumho to Nonscientific Testimony,” Medical
Malpractice Law & Strategy, January 2001.

“A Basic Checklist for Economic Damages,” Product Liability Law & Strategy,
January 2001.

“Criticism Mounts of ‘New Worklife Tables’ As Estimate of Lost Time,” Medical
Malpractice Law & Strategy, June 2000.

“Some Vocational Testimony Exceeds Bounds,” Product Liability Law & Strategy,
June 2000.

“Delayed-Diagnosis Damages: A Gray Area in Need of Clarification,” Medical
Malpractice Law & Strategy, November 1999.

“Special Problems With Value-Of-Life Estimates Based on Wage-Risk Studies In
The Miller Survey: A Reply to Dr. Gilbert,” with Edward A. Friedman and Brian P.
Sullivan, Journal of Forensic Economics 12(1), Winter 1999.


Date Location Description

2001/08/28 | SCHELLO0255 8/28/01 memo from Schell to Buss re:
retirements and resignations

2001/08/29 | SCHELLO1031 Zagra’s 8/29/01 e-mail to Schell

2001/09/01 | SCHELLO1050 Schell 9/1/01 e-mail

2001/09/04 | DO00801-02 9/4/01 memo to salaried employees: strike
update

2001/09/09 | SCHELLO1066 Schell 9/9/01 e-mail

2001/09/10 | SCHELLO0081-87 Handwritten notes of IMMCO meeting on

9/10/01

2001/09/13 | D000807 9/13/01 letter to Buss from Schell asking
about wages and conditions of replacements
workers,

2001/09/15 | SCHELLO0725-728 | IMMCO strike list

2001/09/17

D000808-809

9/17/01 letter to Schell responding to his
information request

2001/09/25 | D000811-12 9/25/01 letter to DeLong about modification
of outstanding proposal
2001/09/27 | SCHELL00087-90 Handwritten notes of IMMCO meeting on

9/27/01

2001/10/8 | SCHELLO0090-94 Handwritten notes of IMMCO meeting on
10/8/01

2001/10/22 | SCHELLO1139-1140 | Purdy/Schell 10/22/01 e-mails

2001/10/22 | SCHELLO1144 John Zagra’s 10/22/01 e-mail to Schell about
pension.

2001/10/26 | D000816, DO00672- | Company's 10/26/01 implementation notice

709 and document
2001/10/26 | D000817 10/26/01 letter to Taglioli from Mills about

IMMCO buyout proposal



an Resume

Elizabeth Kinney
P.O, Box 1792 Telephone and fax:
Evanston, IL 60204-1792 847-866-9832

Academic Record
Law School - University of Michigan Law School 1966-68, J.D., May 1968
Staff Editor, University of Michigan Journal of Law Reform, 1967-1968
- George Washington University Law School 1965-66

College - Wellesley College 1961-1965, A.B. June 1965 in Political Science

Employment Experience:

September 2003 ~ present Mediator, Labor and Employment Disputes

September — December 2003 Adjunct Professor of Law, University of Michigan Law School

March 1989-September 2003 Regional Director, Region 13, National Labor Relations

Board, Chicago, [llinois

Head of the NLRB’s Chicago Regional Office. Responsible for the processing of unfair
labor practice and representation cases arising in Cook, DuPage, Kane, Lake and Will
Counties in Illinois and Lake County, Indiana. The Region averages approximately
1250 unfair labor practice cases and 310 representation cases per year. It has a staffof
approximately 60 employees. The Regional Director makes prosecutorial decisions on
unfair labor practice cases and written decisions in representation cases, which involve

issues under the NLRA.

Member of the Planning Committee and Instructor at the NLRB’s New Employee

Training Program, 2000, 2001 and 2002

October 1983-March 1989 Assistant General Counsel, Division of
Operations Management, National Labor Relations Board, Washington,
D.C.

As Assistant General Counsel, under the supervision of the Associate General Counsel
and the Deputy Associate General Counsel, served as the General Counsel's


CURRICULUM VITAE
BRIAN P. SULLIVAN, Ph.D.

PaPERS AND. Pt BLICATIONS

“New Benefit Plan Proposed as Solution to Nation's Needs," Business Review,
Federal Reserve Bank of Dallas, Texas, November 1975.

"Methodology of the Texas Industrial Production Index," Technical Paper,
Federal Reserve Bank of Dallas, Texas, 1975.

"Methodology of the Texas Manufacturing Capacity Utilization Index," Technical
Paper, Federal Reserve Bank of Dallas Texas, 1975

“Crowding Out Estimated From Large Econometric Model," Business Review,
Federal Reserve Bank of Dallas, Texas, June 1976.

"New Louisiana Index Dominated by Mining,” Business Review, Federal Reserve
Bank of Dallas, Texas, July 1976.

"Estimates of a Capital Shortage?” The Seller/Servicer, Federal National Mortgage
Association, February 1977.

"Analysis of FEA's Middle Distillate Monitoring Index," Briefing Paper, American
Petroleum Institute (July 1977).

"The Joint Bidding Ban: Pro and Anti-Competitive Theories of Joint Bidding in
OSC Lease Sales," (1979), with Paul Kobrin, American Petroleum Institute,
Technical Paper #013; also in Journal of Economics and Business, Vol. 33 (1981).

“Tnterfuel Substitution - Upper Bound Estimates,” with Donna Siemon, The Energy
Journal, Vol. 2 (1981).

"Equal Access: Who Benefits - Who Pays?" Changing Patterns in Regulation,
Markets and Technology: The Effects on Public Utility Pricing, H. Trebing (ed.)
(1984).

"A Study of Bypass in Colorado: Policy Conclusions from Economic Theory and
Empirical Research," with Alan Baughcum and Nancy Hughes, presented at
Telecommunications Policy Research Conference, Airlie House, Virginia (1986).

"The Costs and Benefits of Divestiture - A Preliminary Assessment,” Brooklyn
College, Brooklyn, NY (May 1986).

"Expanding Service Markets," presénted at New Business Opportunities for LECs,
Telecommunications Conference Center, Arlington, VA (October 1986).

4


Date

Location

Description

2001/05/31

SCHELL00335-340

Schell’s notes about the employees who
attended meetings with Company on 5/31/01

2001/05/31

D000749, D000746

5/31/01 letter to IMMCO: confirming IMMCO
Tejected final offer; all but 4 provisions of the
contract remain in effect; enclosing notice of
contract expiration

2001/05/31 | SCHELLO0180 5/31/01 letter to IMMCO: notice of
termination of Supplemental Pension
agreement

2001/05/31 | D000636 5/31/01 Agreement to extend current CBA.

2001/06/01 | D000751 6/01/01 memo to IMMCO from Buss:
guarantee that eligible employees retiring
receive benefits

2001/06/01 | SCHELLO0754 Schell’s 6/1/01 e-mail

2001/06/01 | SCHELL00755 Schell’s 6/1/01 e-mail

SCHELL00473 IMMCO posting re: 6/3/01 meeting
SCHELL00519 IMMCO posting re: cancellation of 6/3/01
meeting

2001/06/04 | D000752 6/4/01 memo to POC from IMMCO.

2001/06/04 | SCHELL00182 Company's 6/4/01 letter to IMMCO.

2001/06/05 | SCHELLO0112 Schell’s 6/5/01 handwritten notes

2001/06/05 | SCHELL00129-131 State court injunction

2001/06/05 | SCHELLO0264 IMMCO 6/5/01 press release

2001/06/06 | D000754 6/6/01. press release

2001/06/06 | D000755 6/6/01 letter to Purdy about continuing
operations

2001/06/07 | D000756 Response from Schell to Company's 6/6/01

letter about continuing operations.



Date

Location

Description

2001/03/12

SCHELLO0042-50

Handwritten notes of IMMCO meeting on
3/12/01

2001/03/16 | SCHELL00287 IMMCO committee 3/16/01 memo to Foy

2001/03/28 | D000741 3/28/01 letter to IMMCO of Company's intent
to modify, amend or terminate labor
agreement and related hourly pension plan

2001/03/28 | D000742 Company's 3/28/01 Notice of its intent to
modify, amend or terminate Supplemental
Pension agreement.

2001/05/11 | SCHELL00279 Schell 5/11/01 memo to committee

2001/05/11 | SCHELL00280 IMMCO negotiating committee 5/11/01
memo

2001/05/14 | SCHELL00057-61 Handwritten notes of IMMCO meeting on
5/14/01

2001/05/17 | SCHELL00274-277 | Schell 5/17/01 memo to committee

2001/05/24 | D000744-45 Company's 5/24/01 notice to employees
about their rights during strike.

2001/05/24 | SCHELL00271-272 | Schell 5/24/01 notes

2001/05/30

SCHELLO0062-64

Handwritten notes of IMMCO meeting on
5/30/01

2001/05/30 | SCHELL00463 Typewritten notes of IMMCO meeting on
5/30/01

2001/05/30 | D000747 IMMCO’s 5/30/01 memo to Company
rejecting proposal.

2001/05/30 | SCHELL00474 IMMCO’s motion for meeting on 5/30/01

2001/05/30 | SCHELL00266 5/30/01 internal IMMCO memo

2001/05/31 | D000841 5/31/01 POC handwritten notes of retiree

meetings



~ . CurRRICULUM VITAE
. JEROME M. STALLER, Ph.D.

PAPERS AND PUBLICATIONS

“Do Claims Make Sense?” Medical Malpractice Law & Strategy, December 1998.

“Court Differentiates Between Title VII Damage Awards,” Lexis Xchange Labor &
Employment Law Web page, www.lexis.com, April, 1998.

“An HMO’s Responsibility to Disclose Economic Incentives,” Medical Malpractice
Law & Strategy, December 1997,

“Special Problems With Value-Of-Life Estimates Based on Wage-Risk Studies In
The Miller Survey: A Note,” with Brian P. Sullivan and Edward A. Friedman,
Journal of Forensic Economics 10(1), Winter 1997.

"Is the Hedonic Damages Party Almost Over?" with Scott F. Gibson, For the
Defense, August 1997,

“Beware of Vocational Experts Using Flawed Worklife Tables,” Product Liability
Law & Strategy, May 1997.

“Court Accepts Economic Testimony on Projected Age of Retirement,” The Legal
Intelligencer, December 5, 1996.

“Defending on Economic Damages Claims,” paper delivered to The Annual
Symposium on Head Injury Claims, November 21, 1996, Hilton Head Island, South
Carolina.

“Strategies to Scrutinize When Structuring Settlements," Product Liability Law and
Strategy, October 1996.

"HIV and the Americans With Disabilities Act: A Cautionary Tale," with Barbara
O'Connell and Brian P, Sullivan, Claims magazine, March 1996.

"Little-Known Study May Prove Fatal to ‘Hedonic’ Testimony," Medical Malpractice
Law & Strategy, January 1996.

“Misleading Analyses Fail to Prove Reduced IQ Linked to Income,” with Edward
Friedman, Product Liability Law & Strategy, November 1995.

"Economic Analysis in Forensic Rehabilitation," Chapter in The Handbook of
Forensic Rehabilitation, HDI Publishers, Houston 1995.

Expert reports for the National Institute for Trial Advocacy's mock-trial materials in
Polisi v. Clark and Parker v. Gold, 1995.


Date

Location

Description

2001/07/13 | SCHELL00572-573 | IMMCO 7/13/01 newsletter

2001/07/13 | D002045 Company's letter to Crosson about being
permanently replaced

2001/07/17 | SCHELLOO596-597 | IMMCO 7/17/01 press release

2001/07/20 | SCHELLO0575-576 =| IMMCO 7/20/01 newsletter

2001/07/24 | SCHELL00587 Schell’s notes of special meeting on 7/24/01

2001/07/24 | D000787 7124104 fax from Schell to Buss about early
retirement and vacation pay

2001/07/25 | SCHELLO0196 Response to Schell's 07/24/01 fax about
early retirement and vacation pay.

2001/08/07 | SCHELL00614-615 | IMMCO 8/7/01 newsletter

2001/08/09 | D000789-791 Company’s 8/9/01 letter to IMMCO about

changes to its final proposal.

2001/08/10

SCHELLO0616

IMMCO 8/10/01 newsletter

2001/08/13

SCHELLO0074-80

Handwritten notes of IMMCO meeting on
8/13/01

2001/08/13 | D000793 8/13/01 letter from Schell to Foy.

2001/08/14 | SCHELLO0978-980 | Schell 8/14/01 e-mail

2001/08/14 | SCHELLO0984-985 | Schell 8/14/01 e-mail

2001/08/15 | D000794 8/15/01 letter to Schell from Foy responding
to Schell's letter.

2001/08/15 | D002199 Van Seter’s 8/15/01 letter to Rush saying he
had not decided to retire.

2001/08/18 | D000796 8/18/01 letter from Company to IMMCO

enclosing revised proposal and summary of
retiree benefit proposals.

2001/08/20

SCHELLO1001

Schell 8/20/01 e-mail



CURRICULUM VITAE
JEROME M. STALLER, Ph.D.

PR 101

Philadelphia Bar Association, Seminar on damages in medical malpractice actions.
April 24, 2002. Philadelphia.

U.S. Department of Justice. Lecture on economic damages in employment matters.
March 1, 2002. Newark, New Jersey.

American Bar Association 2001 Midwinter Meeting. Committee on Employee Rights
and Responsibilities. “Stock Option Claims in Litigation.” March 20, St. Petersburg,
Florida.

American Bar Association 1999 Midwinter Meeting, Committee on Employee Rights
and Responsibilities. March 25, Stuart, Florida. Faculty member.

Association of the Bar of the City of New York. “Proving Damages in Civil Lawsuits
Using Expert Testimony.” April 6, 1999, New York. Faculty member.

Maryland State Bar Association Annual Meeting, 1999, “Statistical and Economic
Analysis in Employment Matters.” June 11, Ocean City, Maryland. Panel member.

Or PR ie INT) S

Lecturer in Law, Temple University School of Law.

Fact finder for Pennsylvania and New Jersey under public employee
bargaining laws.

Editor, forthcoming text on damages issues litigation, to be published by the
American Bar Association’s Section of Labor and Employment Law.

Advisory Board Member, BNA Inc. Expert Evidence Report.

Consulting Editor, Law Journal Newsletters Product Liability Law and Strategy.

Consulting Editor, Law Journal Newsletters Medical Malpractice Law and Strategy.


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANTHONY J. ROMAGNOLI, et al. and : CIVIL ACTION
GEORGE BACSKAI. et al. : NOS. 03-CV-05931 and 03-CV-06869

Plaintiffs,
vs. : DEFENDANTS’ TRIAL MEMORANDUM
BELL & HOWELL COMPANY, et al. :

Defendants.

Pursuant to the Court’s February 13, 2004 jury trial attachment order, defendants
submit the following trial memorandum.
a) The list of all exhibits to be used at trial is attached as Exhibit 1.
b) The names, addresses and fields of expertise of the defendants’ expert
witnesses are:
Jerome Staller, Ph.D.
Brian Sullivan, Ph.D.
The Center for Forensic Economic Studies
1608 Walnut Street, 8" Floor
Philadelphia, PA 19103-5407
Expert on statistics and damages
Elizabeth Kinney
P.O. Box 1792
Evanston, IL 60204-1792
Expert on conduct during negotiation of collective bargaining agreement
Cc) The expert witnesses’ curriculum vitas are attached as Exhibit 2.
d) The names and addresses of the fact witnesses, along with a brief

statement of the nature of their expected testimony are:


Date Location Description
2001/04/17 | DO00090 Company minutes
D000106 Union minutes
2001/04/18 | D000113 Company minutes
Do00131 Union minutes
2001/04/25 | D000136 Company minutes
D000142 Union minutes
2001/04/26 | D000144 Company minutes
Do00169 Union minutes
2001/05/10 | D000171 Company minutes
Do00215 Union minutes
2001/05/11 | D000220 Company minutes
D000237 Union minutes
2001/05/15 | D000240 Company minutes
D000250 Union minutes
2001/05/21 | DO00256 Company minutes
Do00292 Union minutes
2001/05/24 | DO00300 Company minutes
D000323 Union minutes
2001/05/25 | D000329 Company minutes
D000339 Union minutes
2001/05/29 | D000343 Company minutes
D000380 Union minutes
2001/06/13 | D000388 Company minutes



Date Location Description

2001/10/29 | SCHELLO00687 10/29/01 memo to Buss from IMMCO
regarding final offer

2001/10/30 | D000821 10/30/01 memo to IMMCO from Foy
responding to 10/29/01 memo

2001/10/28 | SCHELLO1155-1159 | Schell’s 10/28/01 e-mail/letter to IMMCO
members.

2001/10/28 | SCHELL00255 Schell’s 10/28/01 letter to Company listing
retirements and resignations.

2001/11/02 | SCHELLO1173-1174 | Schell 11/2/01 e-mail

2001/11/02 | SCHELLO1175 Schell 11/2/01 e-mail

2001/11/05 | SCHELLO1177 11/5/01 e-mail to Schell

2001/11/08 | SCHELLO1181 Schell 11/8/01 e-mail

2001/11/20 | SCHELL00703 IMMCO 11/20/01 memo to Foy accepting
buyout

2001/11/21 | SCHELLO0225 11/21/01 memo from Buss to Schell

2001/12/13 | SCHELLO1265 Schell 12/13/01 e-mail

2002/04/08 | SCHELL01324 4/8/02 e-mail to Schell

2002/04/08 | SCHELL01325-1326 | Schell’s 4/8/02 e-mail

SCHELLO0730-731 | List of exhibits

Minutes of Negotiation Meetings

2001/01/25 | D000029 Union minutes

2001/04/03 | D000032 Company minutes

Do00050 Union minutes
2001/04/04 | DO00057 Company minutes

po00082

Union minutes



CURRICULUM VITAE
BRIAN P. SULLIVAN, Ph.D.

PAPERS AND PUBLICATIONS

"Limiting Damages in Employment Discrimination Claims,” with Jerome M. Staller, For
the Defense, Vol. 35, No. 12 (December 1993).

“Current State of CPLR Articles 50-A, 50-B: Few Answers, New Questions,” with Jerome
M. Staller and Kenneth Mauro), New York Law Joumal, January 27, 1994.

"Value of Life Estimates: Too Imprecise for Courtroom Use," with Jerome M. Staller and
Edward A. Friedman, Journal of Forensic Economics, Vol. VII, No. 2 (Spring/Summer
1994).

“HIV and the Americans With Disabilities Act: A Cautionary Tale," with Barbara O'Connell
and Jerome M. Staller, Claims Magazine, March 1996,

“Special Problems With Value-Of-Life Estimates Based on Wage-Risk Studies In The Miller
Survey: A Note,” with Jerome M. Staller and Edward A. Friedman, Journal of Forensic
Economics 10(1), Winter 1997.

“The Duty to Mitigate: Sources of Evidence,” BNA’s Employment Discrimination Report,
July 22, 1998,

“A Checklist of Sources for Calculating Back Pay,” BNA’s Employment Discrimination
Report, October 21, 1998.

“Special Problems With Value-Of-Life Estimates Based on Wage-Risk Studies In The Miller
Survey: A Reply to Dr. Gilbert,” with Jerome M. Staller and Edward A. Friedman, Journal
of Forensic Economics 12(1), Winter 1999.


_ CURRICULUM VITAE
BRIAN P. SULLIVAN, Ph.D.

PAPERS AND PUBLICATIONS

“Deregulation of Local Exchange and Its Interaction With Access Charges,”
The Institute for Public Utilities, Michigan State University (July 1987).

“The Telco and the Large User: Are They Adversaries?” A panel discussion at The
Eastern Telecommunications Showcase, United States Telephone Association,
Indianapolis (February 1987). Also presented at the Western Telecommunications
Showcase, Las Vegas, Nevada (April 1987).

“Fatherhood by the Numbers,” with Samuel Kursh, The Legal Intelligencer
(February 1988).

"Reducing Your Exposure: Defense of Toxic Tort Damages,” with Jerome Staller, in
Practical Approaches to Reduce Environmental Cleanup Costs, Practising Law
Institute No. 317, (1988) .

“Direct Calculation More Accurate for Wrongful Death Damages,” New York Law
Journal, (February 9, 1988).

“Expediting Waste Site Cleanup Through Citizen Settlements," with Michael
[taliano and Jerome Staller. Bureau of National Affairs Toxic Law Reporter (March
1989).

"Prejudgment Interest: A Logical Solution," New York Law Journal (August 30,
1989),

“Plaintiffs Get More Leverage in Race Discrimination Suits,” with Jerome M.
Staller, Pennsylvania Law Journal-Reporter, (April 16, 1990).

“The Use of Expert Witnesses in New York Personal Injury Actions,” with Bruce
Lederman, New York Negligence Practice Guide, Matthew Bender and Co. (August

1990).

"Just the Facts: Developing Information Sources for Economic Damages,"
New York Negligence Reporter, Vol. 2 (October 1991).

“The Periodic Payment Statutes: Suggestions on ‘Corrective! Testimony," New
York Negligence Reporter, Vol. 2, No. 11 (November 1991).

“Comment on the Accuracy and Usefulness of Hedonic Loss Estimates,” Journal of
Forensic Economics, Vol. V, No. 1 (Winter 1992).


Date Location Description

2001/06/08 | D000757 Company's 6/8/01 letter to striking
employees urging them to return to work.

2001/06/11 | SCHELLO0065-70 Handwritten notes of IMMCO meeting on

6/11/01

2001/06/14

SCHELLO0768

Schell 6/14/01 e-mail

2001/06/15

SCHELL00554-555

Schell 6/15/01 memo to committee

2001/06/16

SCHELL00779-80

Schell’s 6/16/01 e-mail (‘had our usual mass
picketing...”).

2001/06/21 | SCHELL00535-536 | IMMCO 6/21/01 newsletter

2001/06/22 | SCHELLO0124-128 | IMMCO unemployment questionnaire

2001/06/22 | SCHELL00229 6/22/01 letter to Schell saying he’d been
permanently replaced.

2001/06/26 | D000772 6/26/01 memo to IMMCO from Foy about

/ status of negotiations

2001/06/27 | D000773 IMMCO response to Foy's 6/26/01 memo.

2001/06/27 | D000774 Transcript of Schell voice mail to Buss

2001/06/29 | D000776 6/29/01 letter to Schell: Company willing to
meet.

2001/06/29 | D000777 6/29/01 letter to Schell responding to recent
voicemails.

2001/07/03 | D000782 7/3/01 letter to Schell about Supplemental
Pension agreement.

2001/07/03 | D000779-80 Company’s 7/3/01 notice to employees
about current developments enclosing a
letter to Schell about permanent
replacements and openings.

2001/07/04 | SCHELL00813-814 | 7/4/01 e-mail to Schell

2001/07/07

SCHELL00832-833

Schell 7/7/01 e-mail



CurRICULUM VITAE
JEROME M. STALLER, Ph.D.

Papers AND PUBLICAT [ONS

“CAT Needs to be Fixed," with Samuel J. Kursh, Ph.D., Pennsylvania Law
Journal-Reporter, November 24, 1986.

"Taking a Hard Look at Soft Fringe Benefits," with Samuel J. Kursh, Ph.D., For the
Defense, November 1986.

“Pain and Suffering," New Jersey Law Journal, October 30, 1986.

"Maryland Reform Measure Ignores Litigation Realities," Pennsylvania Law
Journal-Reporter, September 22, 1986.

“Fringe Benefit Claims," Pennsylvania Law Journal- Reporter, March 3, 1986.

“Assessing Fringe Benefits in Personal Injury and Wrongful Death Actions,"
Personal Injury Deskbook Annotated, 1986.

“The Advantages of Alternative Dispute Resolution in Tort Cases,"
The Practical Lawyer, March 1, 1985.

“Hedonic Damages: How to Assess ‘Life's Pleasures’,” Pennsylvania Law
Journal-Reporter, January 7, 1985.

“Offset Method Falls Short in Fixed-Rate Evaluations," Pennsylvania Law
Journal-Reporter, July 18, 1984.

"Backlog Costly for Both Sides," Pennsylvania Law Journal-Reporter,
May 14, 1984,

"The Basics of Structured Settlements," The Practical Lawyer, January 15, 1984.

"Structured Settlements," Settlement of Tort Actions, edited by Henry Miller.
Matthew Bender and Company, 1983.

“Assessing the Value of a Defined Benefit Pension in Litigation," Pennsylvania
Law Joumal-Reporter, July 25, 1984

"Calculations of Damages: Supreme Court's Decision in Jones & Laughlin Steel
Corp. v. Pfeifer.” The Legal Intelligencer, July 1983; The Audio Lawyer,
January 1984.

"Losing Money Litigating: The Cost of Backlog," Pennsylvania Law Journal-
Reporter, May 1984.


EXHIBIT 4

VERDICT FORM

1. Did Plaintiffs prove, by a preponderance of the evidence, that Defendants

did not want to reach agreement on a new union contract?

OO Yes OO No

If your answer to interrogatory number 1 is "yes," answer interrogatory number 2. If

your answer is "no," you are finished and should go to the end and sign.

2. Was the Company's offer of work after June 5 which plaintiffs’ refused
(same terms as under the old contract except no required dues, no arbitration, no
restriction on strikes or lockouts) so unpleasant or difficult that a reasonable person

would have felt forced to refuse to work?

OO Yes OO No

If your answer to interrogatory number 2 is “yes,” answer interrogatory number 3. If

your answer is “no,” you are finished and should go to the end and sign.

7 3. Did Plaintiffs prove, by a preponderance of the evidence, that Defendants
acted as set forth in interrogatory numbers 1 and 2 above with the intention of

discriminating against Plaintiffs because of Plaintiffs’ age?

OO Yes O no


If your answer to interrogatory number 3 is “yes,” answer interrogatory number 4. If

your answer is “no,” you are finished and should go to the end and sign.

4. If Plaintiffs proved age discrimination, what, if any, compensatory
damages were caused by the discrimination?

$

Foreperson


a CURRICULUM VITAE
oo . BRIAN P. SULLIVAN, Ph.D.

VU XPERIENC.

Director - Account Management and Advertising, Southern New England
Telephone, November 1983 to March 1986. Responsibilities: Develop and imple-
ment marketing communications directed toward customers of the cellular mobile,
Yellow Pages, telephone network, and premises equipment lines of business.

Staff Manager - Business Development, Southern New England Telephone, April
1983 to November 1983. Responsibilities: Analyze and assess business

plans of start-up long distance companies regarding potential investment. Develop
and present market analyses of new lines of business.

Division Manager - Business Research, Southern New England Telephone, August
1979 to April 1983, Responsibilities: Develop and present testimony

before public utility commissions on the demand for and cost of telephone service
and on telephone company productivity issues. Supervise and direct market research
studies, attitude studies, sampling and separations studies and public communica-
tion studies.

Senior Economist and Manager - Industry Impact Studies, American Petroleum
Institute, February 1977 to August 1979. Responsibilities: Analyze government
regulations concerning bidding practices for offshore leases, and regulations defin-
ing maximum lawful prices for crude oil and refined petroleum products.

Economist, Federal National Mortgage Association, July 1976 to February 1977.
Responsibilities: Applying statistical, mathematical and quantitative techniques to
assess mortgage and housing markets.

Economist, Federal Reserve Bank of Dallas, June 1974 to June 1976.
Responsibilities: Develop, maintain and update forecasts of private fixed business
investment, investment in residential structures and inventory investment.
Develop and maintain models to compute various regional indexes of industrial
production and capacity utilization.

NSULTIN:

Econometric Modeling (Self-Employed) 1979. Responsibilities: Develop a model
to be used to predict the unit cost of sonobuoys by major functional type.
Client: U.S. Navy, Naval Air Command,


Denlinger, Rosenthal & Greenberg Co., L.P.A.

425 Walnut Street, Ste. 2310

Cincinnati, OH 45202

513.621.3440
i) Proposed voir dire questions are attached as Exhibit 3.
j Proposed verdict slip is attached as Exhibit 4.

k) Defendants have filed three motions in limine.

OF COUNSEL Respectfully submitted,

Daniel G. Rosenthal

James A. Mills

Denlinger, Rosenthal & Greenberg Co., Mypblog —
LPA i Hee th Malloy

425 Walnut Street, Suite 2310 Klett, Rooney, Lieber & Schorling
Cincinnati, OH 45202 Two Logan Square, 12"" Floor
(513) 621-3440/FAX: (513) 621-4449 Philadelphia, PA 19103

(215) 567-7614/FAX (215) 567-2737
Attorney for Defendants


Date

Location

Description

D001074-1084

Bacskai EEOC questionnaires (3: charge
info, forced retirement, witness).

D001117-1128

Craigle EEOC questionnaires (3: charge
info, forced retirement, witness).

D001167-1178

Crosson EEOC questionnaires (3: charge
info, forced retirement, witness).

D001217-1228

DeLong EEOC questionnaires (3: charge
info, forced retirement, witness).

D001271-1282

Glanz EEOC questionnaires (3: charge info,
forced retirement, witness).

D001321-1332

Gonzalez EEOC questionnaires (3: charge
info, forced retirement, witness).

D001422-1433

LaBar EEOC questionnaires (3: charge info,
forced retirement, witness).

D001523-1534

Puccio EEOC questionnaires (3: charge info,
forced retirement, witness).

D001573-1584

Romagnoli EEOC questionnaires (3: charge
info, forced retirement, witness).

D001623-1634

Sagazio EEOC questionnaires (3: charge
info, forced retirement, witness).

D001675-1686

Stefano EEOC questionnaires (3: charge
info, forced retirement, witness)

D001725-1736

Storm EEOC questionnaires (3: charge info,
forced retirement, witness).

D001775-1786

Van Seters EEOC questionnaires (3: charge
info, forced retirement, witness).

D001826-1837

Weaver EEOC questionnaires (3: charge
info, forced retirement, witness).

D001875-1886

Youpa EEOC questionnaires (3: charge info,
forced retirement, witness).



EXHIBIT 2

CURRICULUM VITAE

. JEROME M. STALLER, Ph.D.
President, The Center for Forensic Economic Studies

Temple University, Ph.D. in Economics, 1975.
Areas: Economic Theory, Labor-Manpower, Urban-Regional, Statistics.
Dissertation: “The Impact of Bargaining on Faculty in Two-Year Public Colleges.”
Temple University, B.A. in Economics, 1967
AWARDS AND HONORS:
Temple University Fellowship for study in Economics, 1968-1970.
United States Department of Labor Research Fellowship, 1967-1968.
Omicron Delta Epsilon - Economics Honor Society, 1969.

OVERNMENT EXPERIEN

Senior Staff Economist, U.S. Department of Labor, Office of the
Assistant Secretary for Policy, Evaluation and Research, November, 1973 -1980.

Chief of Wage Analysis, Cost of Living Council, Washington, D.C.,
January 1973 - November 1973.

Labor Economist, Pay Board, Washington, D.C., August 1972 - January 1973.

ACADEME

Adjunct Lecturer in Law, Temple University School of Law. Damages and Statistics
in Litigation.

Guest Lecturer, Villanova University School of Law. Forensic Economics.

Associate Professor, University of Maryland University College, 1975-1980.
Courses taught; Labor Economics, Labor Relations.

Instructor, Pennsylvania State University, Media, Pennsylvania, 1968-1974.
Courses taught: Micro and Macro Economics, Statistics.

Lecturer, St. Joseph’s University, Philadelphia, PA, January 1972 - September, 1972.

Coordinator, Phi Delta Kappa - Temple University. Research Symposium on
Employment Relations in Higher Education, November 1968.

4603 Walnut Streat, Eighth Floor, Philadelphia, Pennsylvania 19103 (215) $46-S600
Penn Plaza Center, Suite 3600, 250 West Thirty Fourth Street, New York, NY 10119 (212) 873-5855
2201 “I Streel, N.W,, Suite 300, Washington, DC 20005 (202) $30-8808
3102 Oak Lawn Avenue, Suite 700, Oallas, Texas 75219 (214) 210-2917
cles@cfes.com nitp:tiwww.cles.com



Richard Schilling Strike
1925 E. Jonathan Street
Allentown, PA 18109-1712

Penny Wanitzky Negotiations and related
340 Village Walk Drive documents
Macungie, PA 18062

Defendants reserve the right to call plaintiffs.

e)

f)

Defendants are not seeking damages.

Because of the unity of their positions, plaintiffs should be limited to one

lawyer giving opening and closing statements, questioning witnesses, and conducting

voir dire.

9)

The name and address of the defendants, which have not changed since

this lawsuit was filed, are:

h)

counsel are:

Bowe Bell & Howell

(formerly known as Bell & Howell Mail and Messaging Technologies
Company)

795 Roble Road

Allentown PA 18109-9111

Bell & Howell Company
760 South Wolf Road
Wheeling, IL 60090

The names, address, and telephone numbers of the defendants’ trial

Elizabeth A. Malloy

Klett Rooney Lieber & Schorling
12th Floor

Two Logan Square
Philadelphia, PA 19103-2756
215.567.7614

Daniel G. Rosenthal
James A. Mills


33. Have you or has any member of your family or any close friend ever been
permanently replaced by an employer following a strike?

34, Have you or has any member of your family or any close friend ever been locked
out by any employer?

35. Would the fact this case involves individuals against a company sway or
influence your judgment to one side or another, or predispose you in favor of the
individuals or the corporation?

36. If, after considering all the evidence in this case and the Court’s instructions, you
find that the plaintiffs have failed to prove their claims against the defendants, do you
know of any reason why you could not join in a verdict for the defendants?

37. Do you know of any reason why you cannot be a fair and impartial juror in this
case?

38. Is there any reason that you would feel more comfortable serving in another
case?


RRIC Vit,
JEROME M. STALLER, Ph.D.

PR SIONA, ANIZATIONS

Panel member of the American Arbitration Association.
Panel member of the Nationa! Center for Dispute Settlement.
American Economic Association

Omicron Delta Epsilon - Economics honor society
Industrial Relations Research Association

American Law and Economics Association


David A. Schell
665 North Irving Street
Allentown, PA 18109

Patrick O'Callaghan
2785 Holstead Lane
York, PA 17404

Edmund R. Sovia, Jr.
3126 Shetfield Drive
Emmaus, PA 18049

William L. Buss
1530 Stones Crossing
Easton, PA 18045

Stephen E. Foy
2220 Black Walnut Court
Raleigh, NC 27606

Barbara Reed
2480 Black Forest Drive
Coplay, PA 18037

Peter Connolly

171 West Wing Street
Suite 208

Arlington Heights, 1L 60004

Jerry Purdy

690 Island Way

#506

Clearwater, FL 33767

Negotiations, strike,
circumstances of any
retirement and strike
settlement.

Negotiations, strike, Company
response to strike,
circumstances of any
retirements and strike
settlement.

Negotiations, strike, Company
response to strike,
circumstances of any
retirements and strike
settlement.

Negotiations, strike, Company
response to strike,
circumstances of any
retirements and strike
settlement.

Negotiations, strike, Company
response to strike,
circumstances of any
retirements and strike
settlement, current status of
Allentown operations.

Negotiations, strike, Company
response to strike,
circumstances of any
retirements and strike
settlement.

Negotiations, strike, Company
response to strike and
circumstances of any
retirement.

Negotiations, strike, Company
response to strike,
circumstances of any
retirements and strike
settlement.


representative as to the management of, and liaison with, seven regional offices
(Denver, New Orleans, Seattle, Houston, Fort Worth, Kansas City and Minneapolis)

October 1979-September 1983 Deputy Assistant General Counsel, Division of Operations
Management, National Labor Relations Board, Washington, D.C.

As Deputy Assistant General Counsel, worked closely with, and occasionally substituted
for, an Assistant General Counsel who had basic responsibility for the management of,
and liaison with, the five regional offices of the Board located generally on the West
Coast.

February 1979-October 1979 Supervisory Attorney, Division of Advice, National Labor
Relations Board, Washington, D.C.

Supervised attorneys researching and drafting opinions on complex issues under the
National Labor Relations Act.

September 1978-January 1979 Attorney, Division of Advice, National Labor Relations
Board, Washington, D.C.

Researched and drafted opinions on complex issues under the National Labor Relations
Act.

January 1997-May 1997 Adjunct Professor of Law, Northwestern University School of
Law

Taught basic labor law course (three hours)

August 1973 - August 1978 Attorney, National Labor Relations Board, Region 29
Brooklya, New York

‘

Investigated and tried unfair labor practice cases under the NLRA, processed and
conducted representation cases.

May 1972-August 1972 Acting Deputy Director, National Senior Citizens
Law Center, Los Angeles, California

September 1971-April 1972 Staff Attorney (part-time), Housing and
Elderly Project, Western Center on Law and Poverty, Santa

Monica California


Curricutum Vita
BRIAN P. SULLIVAN, Ph.D.

Boaro MEMBERSHIP

Advisory Council, William G McGowan School of Business at King's College,
Wilkes-Barre, PA, 1993.

ACADEME

Lecturer in Law, Temple University School of Law (1989). Taught classes
in economic damages in litigation.

Guest Lecturer, Temple University School of Law program in Advanced Trial
Advocacy, 1992 - present.

Adjunct Professor - Northern Virginia Community College, 1978-1979. Taught
business statistics,

Adjunct Professor - Virginia Polytechnic Institute, 1979. Taught graduate level
econometrics course.

Instructor - North Carolina State University, 1973-1974. Taught principles of eco-
nomics.

Teaching Assistaat - University of North Carolina, 1972-1973. Taught business
and economic statistics.

PAPERS AND PUBLICATIONS

"New Estimates of the Translog Production Function in U.S. Manufacturing,” unpub-
lished Ph.D. dissertation, University of North Carolina, Chapel Hill, 1974.

"Uitemployment Rate Gives Only Part of the Picture," Business Review, Federal
Reserve Bank of Dallas, Texas, January 1975.

"Changes to Texas Index Present Different Picture," Business Review, Federal
Reserve Bank of Dallas, Texas, September 1975.

"New Texas Index Assess Utilization," Business Review, Federal Reserve Bank of
Dallas, Texas, September 1975.


Date Location Description

D000388 Union minutes
2001/07/11 | D000391 Company minutes

D000404 Union minutes
2001/08/06 | D000410 Company minutes

D000415 Union minutes
2001/09/24 | D000418 Company minutes

D000426 Union minutes
2001/10/05 | D000428 Company minutes

Proposals

2001/01/25 | D000430 Company proposal with cover letter
2001/04/04 | D000467 Pre-negotiation agreement
2001/04/16 | D000468 Revised Company proposal
2001/04/24 | D000492 Revised Company proposal
2001/05/09 | DO00539 Revised Company proposal
2001/05/10 | D000570 Contract 6/1/01 to 5/31/05, Holidays
2001/05/21 | D000572 Final
2001/05/24 | DOOO0605 Errata sheet
2001/05/24 | D000321 Summary of retiree benefits proposal
2001/05/29 | D000350-379 Company's final offer and cover letter
2001/05/31 | DO00636 Extension of contract
2001/06/21 | D000637 Response to union proposal
2001/06/22 | D000638 Change to final offer (union security)
2001/08/18 | D000641 Changes to final offer



Date

Location

Description

D001927-1938

Zagra EEOC questionnaires (3: charge info,
forced retirement, witness).

Experts

Expert report from Jerome M. Staller and
Brian P. Sullivan.

Jerome M. Staller’s biographical history and
curriculum vitae.

Brian P. Sullivan’s biographical history and
curriculum vitae.

Expert report from Elizabeth Kinney.

Elizabeth Kinney’s résumé.