Richard and Margaret Sherman - Page 5




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          personnel officer, requesting that his surplus designation be               
          withdrawn.  In a footnote to this memorandum, petitioner referred           
          to a dispute between IBM and Mr. Murray, an attorney in IBM's legal         
          department who had been fired.  The footnote stated:                        
                    IBM Legal management chose not to negotiate with Mr.              
               Murray, and instead fired him.  IBM is now in extensive                
               litigation with Mr. Murray.  By current estimate, IBM has              
               already spent more than $800,000 (internal and external                
               costs) on litigation involving Mr. Murray.                             
          On March 24, 1993, petitioner wrote a second memorandum to the same         
          four IBM management executives, requesting an "open door" with              
          regard to his surplus employee designation.  In this request,               
          petitioner stated:                                                          
               There is one aspect of the Open Door procedure which is                
               troublesome and which I ask you to address.  Legal                     
               management has the right to review Open Door                           
               investigation reports and conclusions prior to their                   
               submission to the chairman's office for decision.  I                   
               understand that Legal management has used that power in                
               the past to modify some reports and conclusions.  In the               
               case of this Open Door, that would create a conflict of                
               interest.  Therefore, I ask that the Legal Department not              
               be permitted to review the investigator's findings prior               
               to submission to executive and oversight management.                   
               Sometime in the latter part of March 1993, petitioner                  
          collapsed while at work, losing consciousness for a brief period of         
          time.  Petitioner's collapse resulted in injuries (including hand           
          tremors, weight loss, and severe headaches).  All medical expenses          
          incurred by petitioner as a result of his injuries were submitted           
          to IBM and paid under IBM's medical plan.                                   







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