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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withdrawn.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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