Richard and Margaret Sherman - Page 4




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          practice charge against IBM with the National Labor Relations Board         
          (NLRB).  The charge states:                                                 
                    Since on or about May 4, 1992, the above-named                    
               employer [IBM], by its officers, agents and                            
               representatives, informed Richard Sherman that he was                  
               evaluated and ranked in the 10% lowest ranking category,               
               thereby making him susceptible to a potential future                   
               layoff, because he engaged in concerted activities with                
               other employees of said employer for the purpose of                    
               collective bargaining and other mutual aid and protection              
               and in order to discourage employees from engaging in                  
               such activities.                                                       
                    On or about May 4, 1992, the above-named employer                 
               [IBM], by its officers, agents and representatives,                    
               retaliated against Richard Sherman by ranking him in the               
               10% lowest category making him susceptible to a potential              
               future layoff, because said employee gave testimony under              
               the Act.                                                               
               An NLRB representative informed petitioner that the NLRB was           
          not going to file a charge against IBM.  The NLRB representative            
          also told petitioner that IBM's outside counsel, Covington &                
          Burling, stated that petitioner was a "valued employee and that             
          [petitioner's] continued employment is not threatened."  By letter          
          dated August 27, 1992, petitioner withdrew his charges against IBM.         
               On March 16, 1993, petitioner was notified that he had been            
          designated as a "surplus employee", and as a result, his employment         
          with IBM would likely terminate on May 28, 1993.  On March 17,              
          1993, petitioner wrote a memorandum to Mr. Evangelista requesting           
          that his surplus designation be withdrawn.  On March 22, 1993,              
          petitioner wrote a memorandum to four of IBM's management                   
          executives, including IBM's chief executive officer and chief               





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