UNITED STATES DISTRICT COURT

 

 

WESTERN DISTRICT OF WASHINGTON

 

AT SEATTLE

 

VAL ALBERT & GALEN COOK

 

Plaintiffs,

 

vs.                                 NO. C98-1180Z

 

LARRY JOHNSON, LOCAL 302 OF   

THE INTERNATIONAL UNION OF    

OPERATING ENGINEERS, CLYDE    

WILSON, JACK JAKUBIAK, AND    

BARRY RIEDESEL,

 

Defendants.

 

APPEARANCES:

 

FOR THE PLAINTIFFS:                 VAL ALBERT

Pro Se

 

GALEN COOK

Pro Se

 

ORIGINAL

 

 

 

June 30, 1999

Tacoma, Washington

 

Michelle Nesbitt, CCR#NESBIMM31182

 

Sandra Baker& Associates

Court Reporters and Legal Video Service

870 10th Lane,

Fox Island, Washington 98333

 

Tacoma 253.272.9288, Seattle 206.622.9919, Bremerton 360.373. 9032, Olympia 360.352.0099 Fax 253 549.2918    

 

 

 

ALLAN DARR BY MR. COOK

 

BE IT REMEMBERED, thAt the deposition of ALLAN BRUCE DARR wAs tAken on TuesdAy, July 20, 1999, At 818 South YAkimA, TAcomA, WAshington, before ELIZABETH T. McGEE, NotAry Public in And for the StAte of WAshington;

 

WHEREUPON, the following proceedings were hAd,

 

to wit:

 

ALLAN BRUCE DARR,    hAving been first duly sworn by the NotAry, testified As follows:

 

EXAMINATION

 

BY MR. COOK:

 

Q Good morning, Mr. Darr.

 

A Good morning.

 

Q For the record would you state your full name And spell

 

your last name to the court reporter.

 

A Allan B. Darr, D-A-r-r.

 

Q What's your full middle name, Mr. Darr?

 

A Bruce, B-r-u-c-e.

 

Q And, Mr. Darr, your date of birth?

 

A 4-20-45.

 

Q And, Mr. Darr, Are you currently employed?

 

A Yes.

 

Q And who's your employer?

 

A Washington State Building & Construction Trades Council

 

AFL-CIO.

 

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ALLAN DARR BY MR. COOK

 

Q And how long have you worked for this organization?

 

A A year in April.

 

Q Okay. So a little over a year then?

 

A Yes.

 

Q And are you currently on the payroll of Local 302?

 

A No.

 

Q And when was the last time you were on the payroll of Local 302?

 

A A year ago in April.

 

Q So the last paycheck you received from Local 302 would have been April of '98 then?

 

A I was employed a year ago in April for Local 302.

 

Q So the last paycheck you received was in – -

 

A I don't know about the last paycheck. I was employed for Local 302 a year ago in April. I don't know about last paychecks; I just know what I told you.

 

Q Well, did you receive a paycheck?

 

A I was employed for Local 302 a year ago in April.

 

Q Why are you raising your voice, Mr. Darr?

 

A I'm just telling you what I'm telling you.

 

Q Mr. Darr, when did you first become employed with Local

 

302?

 

A I think September of 1990.

 

Q So right after the special election, then, you were

 

hired; is that correct?

 

4

 

 

 

 

ALLAN DARR BY MR. COOK

 

A I'm not sure of any special election. I was employed with 302 as of '90 is what I recall.

 

Q Well, you were aware there was a special election in the fall of 1990; is that correct?

 

A There was an election.

 

Q But you're not aware it was a special election?

 

A I don't recall at this time. I -- I know -- I just know that I was employed as of 1990 with Local 302. If that's what you term a special election, I'm not sure.

 

Q And who hired you, Mr. Darr?

 

A Larry Johnson.

 

Q You've been friends with Larry Johnson for a long time?

 

A I was hired by Larry Johnson.

 

Q That wasn't the question I asked you.

 

MR. REID: Well, why don't you ask him a question. You made a statement, Mr. Cook.

 

MR. COOK: I asked him a question. I said -

 

A You asked me -- you asked me, Mr. Cook, if -- who I was hired by. I responded I was hired by Larry Johnson. You indicated I was a friend of Larry Johnson. I indicated I was hired by Larry Johnson. That is the question that you answered -- asked me.

 

Q Were you a friend of Larry Johnson's before you got hired by him -

 

A No.

 

5

 

 

 

 

ALLAN DARR BY MR. COOK

 

Q -- in 1990?

 

A No. I don't know what "friend" means. Ask me -- ask me or define for me what your term of friend means.

 

Q Maybe you can answer me, what does friend mean to you?

 

A I don't know. You asked me.

 

Q Of course I'm asking you. This is your deposition.

 

A Okay. I don't -- I don't know. I was hired by Larry Johnson in 1990.

 

Q Are you under a lot of stress at this moment, Mr. Darr?

 

A Nope, just trying to answer your questions.

 

Q And what year did you join Local 302 as a member?

 

A September of 1971.

 

Q And what position did you enter in at that point?

 

A As an operating engineer.

 

Q Were you an operator of heavy equipment?

 

A I was an oiler.

 

Q Have you ever been an operating engineer of heavy equipment?

 

A I have operated equipment, yes. As an oiler you're called upon to do many things in the trade. You'll fill in.

 

Q Did you ever get dispatched out as a heavy equipment operator?

 

A Not that I'm aware of.

 

Q So I take it the whole time you were a member of Local

 

6

 

 

 

 

ALLAN DARR BY MR. COOK

 

302 on a dispatch you were always an oiler; is that correct?

 

A That's correct.

 

Q Now, do you currently hold a position of office with Local 302?

 

A Yes.

 

Q And what is that position?

 

A Trustee.

 

Q And how long have you held that position?

 

A I think -- I think this will be upcoming six years.

 

Q Now, were you elected to that position when you first -

 

A Yes, I was.

 

Q And do you remember which year that was that you were elected the first time?

 

A I'm thinking this will be the sixth year. I'm thinking that must have been '93, the election of '93.

 

Q Then -

 

A I'm thinking that's correct.

 

Q What does a trustee do at Local 302?

 

A Oversees the books and things of that nature of Local 302.

 

Q The records of memberships, -

 

A Yes.

 

Q -- that kind of thing?

 

A Yes.

 

7

 

 

ALLAN DARR BY MR. COOK

 

Q And did you ever hold any other position at Local 302 besides being a trustee?

 

A I served as a elected conductor for two terms that I recall.

 

Q Anything else that you recall?

 

A No.

 

Q Weren't you an editor of the union publication "Loadline"?

 

MR. REID: I think your question was what offices he held.

 

MR. COOK: That was my previous question, that's correct.

 

Q (By Mr. Cook) My next question is: Did you hold any other title or did you do anything else for Local 302?

 

A Oh, I did a lot of things for them. I served as a legislative representative for them under economic development, job creation, prevailing wage, worker's comp, unemployment comp, any -- any areas that furthered the good of the local.

 

Q When was the position of legislative representative created for Local 302?

 

A '90 -- maybe '93 or '94, I think. I don't recall specifically. I served as an agent in the field for, I think, three years.

 

Q Was this position created by Larry Johnson or yourself?

 

8

 

 

ALLAN DARR BY MR. COOK

 

 

A Was the legislative position created -

 

Q Yes, within the local.

 

A I think it was a discussion.

 

Q That's your answer?

 

A Yes.

 

Q Okay. Now, did you edit the union publication "Loadline"?

 

A Could you define "edit" for me.

 

Q Yes. Let me rephrase the question. Were you in fact the editor of the union publication "Loadline"?

 

A Larry Johnson was the editor.

 

Q So Allan Darr was not the editor?

 

A Not that I recall. You have the publications. What does it say there?

 

Q Well, you don't remember what -

 

A No, I don't.

 

Q -- your position was?

 

A No. It wasn't a position.

 

Q It wasn't a position?

 

A Not that I recall. Define "position" for me.

 

Q A title, some sort of responsibility with the union.

 

A It was a responsibility. It was neither a title nor whatever else you called it. What does it say there?

 

Q Well, I'm going to let you take a look at it in a minute. I'm going to let you take a look at all of them

 

9

 

 

ALLAN DARR BY MR. COOK

 

in fact.

 

A I don't need to look at them. What I need to know is what it says there.

 

Q Well, we'll -

 

A What does -- does it say that Larry Johnson is the editor? Could you clarify that for me. What does it say in that publication? Does it say Larry Johnson is an editor?

 

I just don't want you defining the position that -that I didn't have or a -- I had responsibility. Could you define that for me. What's it say on the publication?

 

Q Well, let me ask you a question.

 

A No. Could you answer my question.

 

Q Well, I'm not here to answer any of your questions, Mr. Darr. Do you need to consult with your attorney over anything?

 

A No. You just defined me as editor. I wanted to make a clarification that Larry Johnson was probably the editor, and so -

 

MR. REID: Well, I think the document will stand for itself once it's introduced as an exhibit as to what it says.

 

MR. COOK: Well, I'm not sure I'm going to introduce it as an exhibit, Mr. Reid.

 

10

 

 

ALLAN DARR BY MR. COOK

 

MR. REID: You just said that he would have a chance to look at it, -

 

MR. COOK: I –

 

MR. REID: -- so the assumption was that it would be an exhibit.

 

MR. COOK: Well, he will have a chance to look at it, but I'm not sure it's going to be introduced yet.

 

Q (By Mr. Cook) So then you can't recall if Larry Johnson was the editor or Allan Darr was the editor; is that correct?

 

A As -- as I recall, the tradition in most labor unions are that the business managers are the editors of the publications.

 

Q Then what would your title or position or role have been with the Loadline?

 

A My role with that was to gather information for the publication, deal with the business representative that provided information, put in timely articles in terms of information that served the membership.

 

Q Does that include penning in information for officers in the union? Did you have a hand in writing some of their bylines?

 

A Very rarely.

 

Q So then they wrote their own bylines?

 

A Absolutely.

 

11

 

 

 

ALLAN DARR BY MR. COOK

 

Q Did you write your own byline?

 

A Yes.

 

MR. REID: By byline you mean articles that -

 

MR. COOK: Yes. Let me clarify that for the record.

 

Q (By Mr. Cook) It's an article that's attached to a picture of an officer or a field representative or someone who works at the local who has their own column in the paper.

 

A They were the author of those.

 

Q Okay. Well, I'm going to hand across to the attorney -I'm not going to introduce this into the record. I want this just for memory refreshment. This is in March-April 1993 edition of the "Loadline." And I'm going to give this to Mr. Reid.

 

MR. COOK: And if he could turn to Page 2 on the bottom left, if you could take a look there Mr. Reid and show it to your client.

 

MR. REID: Second page?

 

MR. COOK: Yes, second page, bottom column on the far left.

 

MR. REID: Okay.

 

MR. COOK: And it says -- in the little red box there it says "Local 302 Loadline," and it's a informational square. It tells a little bit about who

 

12

 

 

 

ALLAN DARR BY MR. COOK

 

prints this publication and who's in charge of it.

 

Q (By Mr. Cook) Does it not say, "Larry B. Johnson, Executive Editor, Allan B. Darr, Editor"?

 

A Yes, that's correct.

 

Q Okay. So Allan B. Darr was the editor of the "Loadline"; is that right?

 

A Reporting to Larry Johnson as the executive editor, yes.

 

Q Well, traditionally, then, what is the executive editor's role in relationship to the editor?

 

A Everything that is printed in the paper is presented to the executive editor for his information.

 

Q So the final word of anything that goes into this newspaper is Larry Johnson's word; is that what you're saying?

 

A That's correct.

 

Q It's not Allan Darr's word?

 

A No.

 

MR. REID: You want this back, Mr. Cook?

 

MR. COOK: Okay. Thank you, Mr. Reid. I'd like to introduce Exhibit No. 1.

 

(Deposition Exhibit No. 1 marked for identification.)

 

Q (By Mr. Cook) Mr. Darr, do you need a minute or two to examine this document?

 

A Not necessarily, no.

 

13

 

 

 

ALLAN DARR BY MR. COOK

 

Q Okay.

 

A It depends on the questions you're going to ask.

 

Q Notice this is a incomplete reproduction of a copy of the fourth Quarter 1996 of the "Loadline"; is that correct? It's just two pages, the first and the second page. Does that look right to you?

 

A Yes.

 

Q Okay. Nothing has been altered; it's a true and correct partial copy? I have the full copy here, if you'd like to examine it to see if there's been any -

 

A Please.

 

Q We're only concerned about Page 1 and Page 2.

 

MR. REID: For the record, the underlined words on the second page I assume have been added either by you or Mr. Albert.

 

MR. COOK: That is correct.

 

MR. REID: They were not on the original.

 

MR. COOK: That is correct. That's why I let him look at the original.

 

MR. REID: Well, no, I mean they're on the original -- there are marks on the original as well. But I'm saying that they were not part of the original at the time Mr. Albert received it.

 

MR. COOK: It's my underlining, that's correct.

 

14

 

 

 

ALLAN DARR BY MR. COOK

 

Q (By Mr. Cook) Mr. Darr, on Page 2, far left column -excuse me, far right column on the bottom does it say "Larry B. Johnson, Executive Editor, Allan B. Darr, Editor"?

 

A Yes.

 

Q Okay. And were you in fact the editor of this particular issue of the '96 "Loadline"?

 

A I -- I suspect I was.

 

Q And typically when an officer or a union official writes a byline, -- and for clarification I mean an article or a column for this "Loadline" -- do you edit the column or the byline?

 

A I would check probably for misspellings, things of that nature. I would not edit content.

 

Q On the second page, far left column, do you see the words "will not be tolerated” underlined?

 

A Yes.

 

Q It's underlined -

 

A Yes.

 

Q -- both in the original and the copy?

 

A Yes.

 

Q Just take a minute and read the sentence which contains that underlined semiphrase.

 

MR. REID: Do you want him to read it aloud -

 

MR. COOK: No.

 

15

 

 

ALLAN DARR BY MR. COOK

 

MR. REID: -- or do you want him to read it to himself?

 

MR. COOK: I want him to read it to himself, yes, starting with -

 

Q (By Mr. Cook) You can start where it says, "We are part of an era . . ." Go ahead and read that.

 

A (Complying)

 

MR. REID: Through the entire paragraph?

 

MR. COOK: I'm sorry, just to the bottom -- to the end of where it says "will not be tolerated" where it's underlined. You can stop right there.

 

A Okay.

 

Q (By Mr. Cook) Okay. Do you have any idea what Mr. Johnson meant when he said "will not be tolerated"?

 

A No idea.

 

Q No clue at all?

 

A None whatsoever.

 

Q Could it have related in any way to any of the actions that occurred after the union election in '96 in which Val Albert was expelled and Galen Cook lost his honorary withdrawal?

 

A I would have no idea about that.

 

Q Mr. Darr, Mr. Albert -

 

MR. REID: I'm sorry. Mr. Jakubiec needs to take a break.

 

 

16

 

 

ALLAN DARR BY MR. COOK

 

MR. COOK: Oh, okay.

 

MR. REID: I'm sorry.

 

MR. COOK: Off record, please.

 

(Brief recess taken)

 

MR. COOK: Back on the record, please. Exhibit No. 2.

 

(Deposition Exhibit No. 2 marked for identification.)

 

Q (By Mr. Cook) I'll give you a minute to read this, Mr. Darr.

 

A (Complying)

 

Q You can signal me when you're completed with the reading.

 

MR. REID: Did you miss a copy? I think you gave me three copies.

 

MR. COOK: Oh, okay. Thank you.

 

A Okay.

 

Q (By Mr. Cook) Okay. On the night of June 7, 1996, did in fact you meet Galen Cook?

 

A I -- I met a fella that introduced himself as Galen Cook, yes.

 

Q Is myself and he the same person; can you tell?

 

A Well, I was just making mention to Russ that I wouldn't know Galen Cook if I saw him in a crowd. I mean, if you say you're Galen Cook, you must be. I would never

 

17

 

 

ALLAN DARR BY MR. COOK

 

recognize you.

 

I -- I've never been around you. I don't -- I

don't know if you're the same person that introduced

himself to me that night as Galen Cook. I don't -- I've

never seen him before.

 

Q So it's name recognition only, but not recognition by

physical identification?

 

A That's correct.

 

Q Did you ever work with Galen Cook in the past?

 

A This -- this statement indicates that -- I think you

indicated that. Galen Cook indicated that. I -- I

don't know that. It's been a long time ago.

 

Q Did you work at Franklin Bluff as a service oiler --

 

A Yes.

 

Q -- in the winter of 1975?

 

A Yes.

 

Q Did you work for an oiler foreman named Harold Gyer --

 

A Yes.

 

Q -- in 1975 --

 

A Yes.

 

Q -- at Franklin Bluff? Did you ever work alongside Galen

Cook in an oil truck or a lube truck they call it in the

trades?

 

MR. REID: I think he's testified that he has no recollection of having met you prior to June 7 of

 

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ALLAN DARR BY MR. COOK

 

1996.

 

Q (By Mr. Cook) You don't remember meeting Galen Cook at Franklin Bluffs in 1975?

 

A Not at all.

 

Q Now, in the middle of this -- by the way, did you in fact -- is this your statement that's on this document?

 

A Yes.

 

Q Okay. In the middle of this paragraph it says, "He then said" -- meaning Galen Cook, I presume -- "I will be" -in quotes, I will be running Val Albert's campaign, closed quotes. Do you remember Galen Cook saying that to you?

 

A Yes.

 

Q And it further states, "I replied," meaning Allan Darr, quotes, I worked for the membership and the campaign was not something I look forward to. I said we work hard for the membership and we will do that irrespective of a campaign.

 

And there's no closed quotes in there, but I take it that's where they should be; is that correct?

 

A Yes. -

 

Q And is that your statement at the time?

 

A I believe it is.

 

Q And did you say that to Galen Cook on June 7th, 1996?

 

A I said it to the person that identified themselves as

 

 

19

 

 

ALLAN DARR BY MR. COOK

 

Galen Cook, yes.

 

Q Did you actively campaign for yourself or for anyone else in 1996?

 

MR. REID: I'm going to object, Mr. Cook. You've been on the edge, but I haven't objected earlier, but that question cannot possibly go to your withdrawal card. It's part of the claim, if there is one, by Mr. Albert. And those questions must be asked by Mr. Albert, not by you acting on his behalf.

 

MR. COOK: Well, I'm not acting on his behalf. Actually, Mr. Reid, since I was the campaign manager and there's no secret about that, and since I was -- my honorary withdrawal was cancelled the day after Mr. Albert was expelled from the union, I think it's a very valid question to ask.

 

MR. REID: You're asking what his role was in an election campaign.

 

MR. COOK: I didn't ask that. I asked him if he was involved in any campaigning activities in 1996.

 

MR. REID: Well, I think that's the same question, but go ahead.

 

MR. COOK: Do you object to the question?

 

MR. REID: I do object to the question.

 

MR. COOK: Can I ask the question of the witness?

 

20

 

 

ALLAN DARR BY MR. COOK/MR. ALBERT

 

MR. REID: Yes.

 

Q (By Mr. Cook) Mr. Darr, answer the question, please.

 

MR. REID: You might want to repeat it for him -

 

MR. COOK: Sure.

 

MR. REID: -- since there's been a little colloquy here.

 

MR. COOK: Absolutely. Yes.

 

Q (By Mr. Cook) During the campaign period, June 7th, 1996, through August 23rd, 1996, the campaign period in which you were running for an office, Mr. Darr, did you campaign for yourself or others during that campaign period?

 

A No.

 

MR. COOK: I have no further questions.

 

 

 

EXAMINATION

 

BY MR.ALBERT:

 

Q Mr. Darr, do you know who I am?

 

A Yes.

 

Q What is my name?

 

A It's Val Albert, as I recall.

 

Q Did you write or help write any of Larry Johnson's campaign literature in any year?

 

A Could you repeat the question.

 

Q Did you write or help write any of Larry Johnson's

 

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ALLAN DARR BY MR. ALBERT

 

campaign literature in any year?

 

MR. REID: You mean in any campaign?

 

Q (By Mr. Albert) In any year for Larry Johnson.

 

A And so there's two questions there; is that correct?

 

Did I write –

 

Q Right. Did you write –

 

A So ask me -

 

Q -- Larry Johnson's campaign literature?

 

A Okay. Wait a minute now. Start over and ask me the question that you –

 

Q Did you write or help write any of Larry Johnson's campaign literature?

 

A Larry wrote the bulk of his campaign literature.

 

Q Did you edit any of his campaign literature?

 

A No.

 

MR. ALBERT: I'm going to pass out an exhibit.

 

This is Exhibit 3.

 

(Deposition Exhibit No. 3 marked for identification.)

 

Q (By Mr. Albert) Mr. Darr, -

 

MR. REID: If I can interject, does this purport to be the entire -- unlike the earlier exhibit, the -

 

MR. ALBERT: Yes. This is -

 

MR. REID: -- entire "Loadline"?

 

22

 

 

 

ALLAN DARR BY MR. ALBERT

 

MR. ALBERT: This is the entire "Loadline."

 

A Do you have a copy of the original?

 

Q (By Mr. Albert) I do.

 

A Thank you.

 

Q Mr. Darr, you have a reproduction of a copy of the "Loadline" in front of you. Would you please take a minute to examine it.

 

A (Complying) Okay.

 

Q All right. Mr. Darr, did you edit this third quarter 1996 edition of the "Loadline"?

 

A Could you define "edit."

 

Q Were you the editor of the 1996 edition of the "Loadline"?

 

A My position as editor for the "Loadline" is to gather information pertinent to the needs of the membership, provide them with the information they need, provide information on the activities that they're involved in.

 

Q So you did work on this third quarter '96 edition?

 

A I stand by my statement.

 

Q Mr. Darr, why did you allow Larry Johnson's picture to be placed seven times in this issue? And if you want to take a minute and -

 

A I don't allow or didn't allow, as you phrase it, anything. What I do -- what I did at that time with creating the "Loadline" is provide information, pictures

 

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ALLAN DARR BY MR. ALBERT

 

that are pertinent to the membership, activities that the memberships are engaged in. That's what I did as editor of the "Loadline."

 

Q Would you care to count Mr. Larry Johnson's picture to see how many times it's been placed in the "Loadline"?

 

MR. REID: Mr. Albert, the document will stand for itself.

 

Q (By Mr. Albert) Mr. Darr, why did you allow the major candidates on Larry Johnson's slate to have their pictures placed on this edition of the "Loadline"?

 

MR. REID: I'm going object to the question. Mr. Albert, you haven't laid any foundation for your use of the word "allow." This witness has testified clearly that he had no control over the content of the "Loadline."

 

MR. ALBERT: All right. Your objection is noted, Mr. Reid.

 

Q (By Mr. Albert) Answer the question, Mr. Darr.

 

A As editor of the "Loadline," I put together the activities of the members in their daily jobs. They send information that they would like put in the "Loadline." I put together the "Loadline" in terms of that information. That's what I did as editor of the "Loadline."

 

Q You assimilate that information and then you place it in

 

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ALLAN DARR BY MR. ALBERT

 

the "Loadline"?

 

A It's placed in there by way of computer.

 

Q And who runs that computer?

 

A The secretary.

 

Q Isn't the third quarter of this issue that was released just prior to the election of 1996 -- is this the issue, the third quarter issue, that was released just prior to the 1996 election?

 

A Third quarter would be July, August, and September. The "Loadline" at that time was printed on a quarterly basis. Irrespective of elections, the "Loadline" is put out. It was put out four times a year. That was the schedule and the historical schedule of the "Loadline."

 

Q Okay. If that's correct, then is this the third Quarter?

 

A This is -

 

MR. REID: The document, again, will stand for itself. It says third quarter.

 

Q (By Mr. Albert) Mr. Darr, were you trying to promote yourself as candidates in the 1996 election?

 

A I don't understand the context of the question.

 

Q Well, it was an election year. Were you trying to promote yourself as candidates?

 

MR. REID: In what manner?

 

Q (By Mr. Albert) Were you running for office in 1996?

 

25

 

 

ALLAN DARR BY MR. ALBERT

 

A I -- I think I was.

 

Q All right. My question is: Were you trying to promote yourselves as candidates in the 1996 election?

 

A As -

 

MR. REID: In what manner, Mr. Albert? You can't -

 

MR. ALBERT: As a candidate. Do you want that clarified?

 

MR. REID: Yes, I do want that clarified, because anybody who runs for -

 

MR. ALBERT: Okay.

 

MR. REID: -- office is trying to promote themselves.

 

Q (By Mr. Albert) And what did you run as, Mr. Darr?

 

A I was nominated as trustee.

 

Q And did you promote yourself as trustee in the "Loadline"?

 

A No.

 

Q Who pays to have the "Loadline" produced and published, Mr. Darr?

 

A The local has a series of ways, if you will, of informing the membership of the activities that the administration is involved in that the membership -that the membership is involved in.

 

The "Loadline" is an informational piece for the

 

 

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ALLAN DARR BY MR. ALBERT

 

members. It falls within the purview of the local just as any other expense would be incurred.

 

Q Is that expense taken from the general treasury?

 

A I'm not sure of the financing.

 

Q Mr. Darr, do you believe in fair and honest union elections at Local 302?

 

A I believe in fair and honest elections in any labor unlon.

 

Q Mr. Darr, do you believe that the officers of Local 302 provided adequate safeguards to ensure a fair election in 1996?

 

MR. REID: You're going to have to lay a foundation, Mr. Albert, as to this witness's knowledge of the conduct of the election of 1996. You haven't done that.

 

Q (By Mr. Albert) Would you answer the question, Mr. Darr.

 

A Could you ask it again.

 

Q Do you believe that the officers of Local 302 provided adequate safeguards to ensure a fair election in 1996?

 

A I believe the -- they followed the federal guidelines for elections set forth by the department of labor.

 

Q Mr. Darr, do you see any pictures of Val Albert or any of his slate of candidates in the third quarter edition of the Local 302 "Loadline"?

 

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ALLAN DARR BY MR. ALBERT

 

And I'll give you a minute to look and see, Mr. Darr.

 

MR. REID: Once again, the document will stand for itself, Mr. Albert, as to whether your picture is in that paper.

 

MR. ALBERT: Would you let the witness answer the question.

 

A Could you ask that question again.

 

Q (By Mr. Albert) Do you see any pictures of Val Albert or any of his slate of candidates in the third quarter edition of the "Loadline"?

 

A The "Loadline" serves as an informational piece put forward by the local to highlight their activities and their endeavors.

 

Q Is this endeavor also to be used to let other candidates have exposure in the "Loadline"?

 

A Could you ask that again.

 

Q Is this third quarter issue of 1996, does it represent other candidates' viewpoints in the election?

 

MR. REID: Other candidates than whom?

 

Q (By Mr. Albert) That are employed by Local 302 that are running for office.

 

A The question you're -- the question that you're ask -asking would be answered during the campaign. The "Loadline" is an informational piece put forth by the

 

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ALLAN DARR BY MR. ALBERT

 

local to highlight the endeavors of the workers, to a

degree information from the staff. That's the purpose

o£ the "Loadline."

 

Q Mr. Darr, do you see the name Val Albert or any of Val

Albert's candidates, their names ever mentioned in print

just one time in the 1996 third Quarter edition of the

"Loadline"?

 

MR. REID: Mr. Albert, I'm going to object to that question. Once again, the document stands for itself. Now, if you expect this witness to sit here and read this entire newspaper, then he can do it, but I don't think that's the proper way to approach.

 

MR. ALBERT: Well, your objection is noted.

 

MR. REID: Well, then give him the chance to read it. He'll sit here and read it, Mr. Albert, if that's the question you're going to sit here and insist upon asking.

 

MR. ALBERT: All right.

 

Q (By Mr. Albert) Take your time, Mr. Darr.

 

A (Complying) Okay.

 

Q You want me to repeat the question?

 

A Please.

 

Q Do you see the name Val Albert or any of Val Albert's candidates ever mentioned in print just one time in the

 

 

29

 

 

ALLAN DARR BY MR. ALBERT

 

1996 third quarter edition of the "Loadline"?

 

A The "Loadline," as I read it here, spoke about worker safety issues, about social security, about all of the kinds of information that is informative to the membership. And it's my understanding that's what the purpose of the "Loadline" is.

 

Q Is there anything else in there about the election?

 

A No.

 

MR. ALBERT: Thank you, Mr. Darr. I don't have any more questions, but I do for your lawyer. Mr. Reid, have you ever had any form of communication with the judge or magistrate judge during this lawsuit?

 

MR. REID: Mr. Albert, I'm not here as a witness. Your counsel, Mr. Cook, asked that question the last time. We have no ex parte contacts with the court, period. Don't insult me.

 

MR. ALBERT: Mr. Reid, do you personally know the judge or the magistrate judge hearing this case?

 

MR. REID: Mr. Albert, that's it. I am not a witness. I'm not answering your ridiculous questions.

 

MR. ALBERT: This ends the deposition.

 

 

(Concluded at 10:55 a.m.) (Signature reserved)

 

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Sandra Baker & Associates (253)272-9288

 

 

C E R T I F I C A T E

 

 

I, ELIZABETH T. McGEE, a duly authorized Notary Public in and for the State of Washington, residing at Olympia, do hereby certify:

 

That the foregoing deposition of ALLAN BRUCE DARR was taken before me and completed on the 20th day of July, 1999, and thereafter transcribed by me by means of computer-aided transcription; that the deposition is a full, true and complete transcript of the testimony of said witness;

 

That the witness, before examination was by me duly sworn to testify the truth, the whole truth and nothing but the truth, and that the witness reserved signature;

 

That I am not a relative, employee, attorney or counsel of any party to this action or relative or employee of any such attorney or counsel, and I am not financially interested in said action or the outcome thereof;

 

That I am herewith securely sealing the deposition of ALLAN BRUCE DARR and promptly mailing the same to MR. GALEN COOK.

 

IN WITNESS HEREOF, I have hereunto set my hand and affixed my official seal this 26th day of July, 1999.

 

 

S/Elizabeth T. McGee

Elizabeth T. McGee

CSR#MC-GE-EE-T338KD

Notary Public in and for

the State of Washington,

residing at Olympia.

 

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Sandra Baker & Assoclates (253)272-9288

 

 

 


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