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Mr. D.A. Evangelista was the general counsel of IBM in March
1993. He was informed that his organization had to reduce the
number of employees (attorneys as well as administrative staff)
from 135 to 120. Of the "resource reduction target" of 15, it was
determined that 2 would come from Mr. L.D. Pearson's group, to
which petitioner was assigned.
Petitioner was "identified as surplus" based on an "appraisal
sequence banding" used to compare the performance of employees
during the period of February 16, 1990, to February 15, 1993. The
bandings were alphabetically designed: Band A, was composed of the
highest rated employees, through band G, which was composed of the
lowest rated employees. Of the three attorneys reporting to Mr.
Pearson, one was in band A, another in band C, and the third,
petitioner, was in band E.
For the period February 16, 1990, to February 15, 1993,
petitioner had only two performance evaluations, one conducted in
April 1990, and the other in June 1991. Both placed him in band E.
Petitioner objected to both of these evaluations.
In July 1989, petitioner filed an "open door" request
(internal grievance), questioning whether Mr. Pearson improperly
failed to promote him. In February 1990, petitioner filed another
"open door" request, claiming retribution due to his earlier "open
door" request. In May 1992, petitioner filed an unfair labor
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