No. 09-291 ======In The Supreme Court of the United States ------♦ ------ERIC L. THOMPSON, Petitioner, v. NORTH AMERICAN STAINLESS, LP, Respondent. ------♦ ------On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit ------♦ ------JOINT APPENDIX ------♦ ------ERIC SCHNAPPER* LEIGH GROSS LATHEROW* School of Law GREGORY L. MONGE University of Washington WILLIAM H. JONES, JR. P.O. Box 353020 KERI E. LUCAS Seattle, WA 98195 VANANTWERP, MONGE, JONES, (206) 616-3167 EDWARDS & MCCANN, LLP [email protected] 1544 Winchester Avenue, Fifth Floor DAVID O’BRIEN SUETHOLZ P.O. Box 1111 3666 S. Property Rd. Ashland, KY 41105 Eminence, KY 40019 (606) 329-2929 (859) 466-4317 [email protected] LISA S. BLATT Of Counsel: ANTHONY FRANZE ARNOLD & PORTER LLP NATHANIEL K. ADAMS 555 Twelfth St., N.W. General Counsel Washington, D.C. 20004 NORTH AMERICAN STAINLESS (202) 942-5842 6870 Highway 42 East Ghent, KY 41045 Counsel for Petitioner Counsel for Respondent *Counsel of Record *Counsel of Record ======Petition For Certiorari Filed September 3, 2009 Certiorari Granted June 29, 2010 ======COCKLE LAW BRIEF PRINTING CO. (800) 225-6964 OR CALL COLLECT (402) 342-2831 i

TABLE OF CONTENTS Page Relevant Docket Entries from the United States District Court for the Eastern District of Kentucky, No. 3:05-cv-00002-KKC ...... 1 Relevant Docket Entries from the United States Court of Appeals for the Sixth Circuit, No. 07-5040 ...... 6 Complaint, Dist. Ct. Dkt. No. 1 (filed Jan. 27, 2005) ...... 10 Miriam Regalado EEOC Notice of Charge of Discrimination, Exhibit A to Motion for Summary Judgment by North American Stainless, Dist. Ct. Dkt. No. 12-5 (filed Apr. 3, 2006) ...... 16 Dismissal and Notice of Rights, Exhibit B to Motion for Summary Judgment by North American Stainless, Dist. Ct. Dkt. No. 12-9 (filed Apr. 3, 2006) ...... 19 Memorandum from Eric Thompson to Chris Fuentes, Exhibit C to Motion for Summary Judgment by North American Stainless, Dist. Ct. Dkt. No. 12-6 (filed Apr. 3, 2006) ...... 22

The following opinions and orders have been omitted in printing this Joint Appendix because they appear on the following pages in the appendix to the Petition for a Writ of Certiorari: Opinion and Order of the District Court for the Eastern District of Kentucky, June 20, 2006 ...... 95a ii

TABLE OF CONTENTS – Continued Page Opinion and Order of the District Court for the Eastern District of Kentucky, December 18, 2006 ...... 91a Opinion of the Court of Appeals for the Sixth Circuit, March 31, 2008 ...... 64a Opinion of the Court of Appeals for the Sixth Circuit, June 5, 2009 (en banc) ...... 1a 1

RELEVANT DOCKET ENTRIES FOR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY

Date Filed No. Docket Text 01/27/2005 1 COMPLAINT 1 summons issued with copy (Filing fee $150; receipt number 114506), filed by Eric L. Thompson. (Attachments: # 1 Civil Cover Sheet, Case Assignment, Receipt & Summons) (CBD) (Entered: 01/27/2005) * * * 02/15/2005 4 ANSWER to Complaint with JURY DEMAND by North American Stain- less, FLP. (CBD) (Entered: 02/15/2005) * * * 04/03/2006 12 MOTION for Summary Judgment by North American Stainless, FLP (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Exhibit Unpublished Opinion Bell v. Safety # 4 Exhibit A – M. Regalado EEOC Notice of Charge of Discrim- ination # 5 Exhibit C – Thompson Memorandum to Fuentes # 6 Ap- pendix IA – Regalado Deposition Transcript Excerpts # 7 Appendix IB – Thompson Deposition Transcript Excerpts # 8 Exhibit B – M. Rega- lado EEOC Notice of Dismissal and Rights) (Latherow, Leigh) Modified

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description of Exhibit B-M. Regalado EEOC Notice of Dismissal and Rights on 4/3/2006 (Ratliff, Kay). (Entered: 04/03/2006) * * * 04/25/2006 15 RESPONSE in Opposition re 12 MOTION for Summary Judgment by North American Stainless, FLP filed by Eric L. Thompson. (Attach- ments: # 1 Proposed Order) (Suetholz, David) Additional attachment: Cor- rected Memo added on 4/26/2006 (Dearborn, Christy). Additional attach- ments: Exhibits, Depos, & Proposed Order added on 4/27/2006 (Dear- born, Christy). (Entered: 04/25/2006) 04/26/2006 16 NOTICE OF FILING by Eric L. Thompson re 15 Response in Oppo- sition to Motion, Attachments (Attachments: # 1 Exhibit Exhibits # 2 Exhibit Deposition # 3 Exhibit Deposition # 4 Exhibit Deposition # 5 Exhibit Deposition # 6 Exhibit Deposition # 7 Exhibit Deposition # 8 Exhibit Deposition # 9 Exhibit Deposition # 10 Exhibit Deposition # 11 Exhibit Case Law # 12 Pro- posed Order Order) (Suetholz, David) (Entered: 04/26/2006) * * * 3

05/09/2006 20 REPLY to Response to Motion re 12 MOTION for Summary Judgment by North American Stainless, FLP filed by North American Stainless, FLP. (Attachments: # 1 Exhibit 1 – Regalado Dismissal and Notice of Rights # 2 Exhibit 2 – Regalado Charge of Discrimination # 3 Exhib- it 3 – Thompson Charge of Discrim- ination # 4 Exhibit 4 – Thompson depo. p.155) (CBD) (Entered: 05/18/2006) * * * 06/20/2006 27 OPINION AND ORDER: dft’s Mo- tion for Summary Judgment 12 is GRANTED and action is STRICK- EN . Signed by Judge Karen K. Caldwell. (CBD)cc: COR, Diary (Entered: 06/21/2006) 06/20/2006 28 JUDGMENT: 1) dft’s Motion for Summary Judgment 12 GRANTED 2) judgment is FINAL & APPEAL- ABLE 3) matter STRICKEN from active docket. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 06/21/2006) 4

06/30/2006 29 MOTION to Amend/Correct it’s Or- der 27 dated 6/21/2006 by Eric L. Thompson (Attachments: # 1 Pro- posed Order to Alter or Amend # 2 Memorandum in Support of Plain- tiff ’s Motion to Alter or Amend # 3 Case Law)(Suetholz, David) Modi- fied text by adding “it’s Order dated 6/21/2006” & link to Order 27 on 7/3/2006 (Dearborn, Christy). (En- tered: 06/30/2006) 07/10/2006 30 RESPONSE to 29 Plaintiff ’s Motion to Amend filed by North American Stainless, FLP. (Latherow, Leigh) (Entered: 07/10/2006) 12/18/2006 31 OPINION AND ORDER: Court ORDERS that plaintiff ’s Motion to Alter or Amend 29 is DENIED. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 12/18/2006) * * * 04/01/2008 35 INFORMATION COPY OF OPIN- ION & JUDGMENT of USCA as to 32 Notice of Appeal filed by Eric L. Thompson: judgment of district court is REVERSED (Attachments: # 1 Judgment) (CBD) (Entered: 04/01/2008) 5

06/05/2009 36 INFORMATION COPY OF OPIN- ION AND JUDGMENT of USCA as to 32 Notice of Appeal filed by Eric L. Thompson Appeal the judgment of the district court granting sum- mary judgment in favor of defend- ant North American Stainless, LP is AFFIRMED (Attachments: # 1 Judg- ment) (CBD) (Additional attachment(s) added on 6/10/2009: # 2 Corrected Page No. 1) (CBD). (Entered: 06/05/2009)

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RELEVANT DOCKET ENTRIES FOR THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Date Filed Docket Text 01/11/2007 Civil Case Docketed. Notice filed by Appellant Eric L. Thompson. Tran- script needed: (AC) * * * 03/07/2007 PROOF BRIEF filed by Joseph D. Wibbels and David O’Brien Suetholz for Appellant Eric L. Thompson. Certificate of service date 3/6/07 . [07-5040] (AC) * * * 04/10/2007 PROOF BRIEF filed by Gregory L. Monge and Leigh G. Latherow for Ap- pellee North Amer Stainless. Certificate of service date 4/9/07. [07-5040] (AC) * * * 05/07/2007 PROOF REPLY BRIEF filed by David O’Brien Suetholz and Joseph D. Wibbels for Appellant Eric L. Thomp- son. Certificate of service date 5/3/07. [07-5040] Final reply brief due 5/31/07 [07-5040] (LMN) * * * 05/11/2007 APPENDIX filed by David O’Brien Suetholz for parties. Copies: 5. Certifi- cate of service date 5/10/07 [07-5040] (RECEIVED 25 ADDITIONAL COPIES 7

ON 9/4/08) – [Edited 09/10/2008 by AC] (AC) * * * 05/25/2007 FINAL BRIEF filed by Joseph D. Wibbels and David O’Brien Suetholz for Appellant Eric L. Thompson. Copies: 7. Certificate of service date 5/24/07 Argu- ment Request: require. [07-5040] (RE- CEIVED ADD’L 25 COPIES ON 9/4/08) – [Edited 09/10/2008 by AC] (AC) 05/25/2007 FINAL REPLY BRIEF filed by Joseph D. Wibbels and David O’Brien Suetholz for Appellant Eric L. Thompson. Cop- ies: 7 Certificate of service date 5/24/07 . [07-5040] (RECEIVED ADDITIONAL 25 COPIES ON 10/16/08) – [Edited 10/16/2008 by AC] – [Edited 10/16/2008 by AC] (AC) 06/01/2007 FINAL BRIEF filed by Gregory L. Monge and Leigh G. Latherow for Appellee North Amer Stainless. Copies: 7. Certificate of service date 5/31/07. Argument Request: require. [07-5040] (RECEIVED 25 ADD’L COPIES ON 10/3/08) – [Edited 10/03/2008 by AC] (AC) * * * 03/31/2008 OPINION filed: REVERSED; decision for publication pursuant to local rule 206. Karen Nelson Moore and Richard Allen Griffin, (DISSENTING) Circuit

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Judges and Arthur J. Tarnow (AU- THORING), U.S. District Judge. (DA) * * * 07/28/2008 ORDER filed granting petition for en banc rehearing [3760020-2] filed by Ms. Leigh Gross Latherow for North American Stainless, FLP to reinstate case. The previous decision and judg- ment of this court is vacated, the mandate is stayed. Danny J. Boggs, Chief Circuit Judge; Boyce F. Martin, Jr., Alice M. Batchelder, Martha Craig Daughtrey, Karen Nelson Moore, R. Guy Cole, Jr., Eric L. Clay, Ronald Lee Gilman, Julia Smith Gibbons, John M. Rogers, Jeffrey S. Sutton, Deborah L. Cook, David W. McKeague, Richard Allen Griffin, Raymond M. Kethledge, Circuit Judges. (BLH) * * * 09/04/2008 SUPPLEMENTAL BRIEF filed by Attorney Mr. David O’Brien Suetholz for Appellant Eric L. Thompson. Cop- ies: 25. Certificate of Service: 09/03/2008. (AC) * * * 10/03/2008 SUPPLEMENTAL BRIEF filed by Attorney Ms. Leigh Gross Latherow for Appellee North American Stainless, FLP. Copies: 25. Certificate of Service: 10/02/2008. (AC) * * * 9

06/05/2009 OPINION filed: The judgment of the district court granting summary judg- ment in favor of defendant North American Stainless is AFFIRMED; decision for publication pursuant to local rule 206. Danny J. Boggs, Chief Judge; Boyce F. Martin, Jr., Alice M. Batchelder, Martha Craig Daughtrey, Karen Nelson Moore, R. Guy Cole, Jr., Eric L. Clay, Ronald Lee Gilman, Julia Smith Gibbons, John M. Rogers, Jef- frey S. Sutton, Deborah L. Cook, David W. McKeague, Richard Allen Griffin, Raymond M. Kethledge, and Helene N. White, Circuit Judges. Griffin, J., delivered the opinion of the court, in which Boggs, C. J., Batchelder, Gilman, Gibbons, Sutton, Cook, McKeague, and Kethledge, JJ., joined. Rogers, J. (pp. 18-20), delivered a separate opinion concurring in the result. Martin, J. (pp. 21-24), delivered a separate dissenting opinion, in which Daughtrey, Moore, Cole, Clay, and White, JJ., joined, with Moore, J. (pp. 25-33), joined by Martin, Daughtrey, Cole, Clay, and White, JJ., and White, J. (pp. 34-40), also deliver- ing separate dissenting opinions. (LKM) 06/05/2009 JUDGMENT: AFFIRMED. (LKM)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY FRANKFORT DIVISION [3: 05cv2JMH]

ERIC L. THOMPSON, ) COMPLAINT FOR ) DAMAGES Plaintiff ) DEMAND FOR vs. ) JURY TRIAL NORTH AMERICAN ) (Filed Jan. 27, 2005) STAINLESS, FLP ) ) Defendant )

PRELIMINARY STATEMENT 1. This is a civil rights action alleging that the Plaintiff, ERIC L. THOMPSON, was unlawfully terminated by the Defendant because of his wife’s charge with the Equal Employment Opportunity Commission. Plaintiff seeks compensatory and puni- tive damages, costs and attorneys fees for the retalia- tion he has suffered.

JURISDICTION & VENUE 2. The Court has jurisdiction over this action pursuant to the provisions of Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 – specifically 42 U.S.C. 2000e-5(f)(3). 3. Venue is proper in the Eastern District of Kentucky under 42 U.S.C. § 2000e-5(f)(3) because the 11

Defendant’s unlawful practices were committed in this district. PARTIES 4. Plaintiff, ERIC L. THOMPSON, is a man residing in Jefferson County, Kentucky, and who at all times relevant herein was employed by Defendant in Carroll County, Kentucky. 5. Defendant NORTH AMERICAN STAIN- LESS, FLP is a foreign corporation with its principal place of business in Ghent, Kentucky. At all times relevant herein, the Defendant operates a factory in Carroll County, Kentucky, and was the Plaintiff ’s employer within the meaning of 42 U.S.C. § 2000e (a) and (b).

STATEMENT OF FACTS 6. Plaintiff was employed by the Defendant from February, 1997 until March, 2003. 7. From 1997 to 2003, Plaintiff worked as a Quality Control Engineer. During that time, Plaintiff received multiple salary increases based on job per- formance. 8. On or about September, 2002, Miriam Regaldo, Plaintiff ’s then fiancé, currently Plaintiff ’s wife, filed a charge with the Equal Employment Op- portunity Commission (hereinafter “EEOC”) alleging that the Defendant discriminated against her with respect to her terms and conditions of employment 12

based on her gender. The EEOC notified the Defen- dant of this charge in February, 2003. 9. When the Defendant received notice that Miriam Regaldo had filed an EEOC charge against it based on gender discrimination, the Defendant retal- iated against Plaintiff by terminating him under the pretext that his job performance was lacking. 10. Plaintiff filed a charge with the EEOC. The EEOC investigated the charge and determined that there was “reasonable cause to believe that [the Defendant] violated Title VII.” Title VII of the Civil Rights Act of 1964 is codified in 42 U.S.C. § 2003e- 3(a). After finding reasonable cause of a violation of Title VII, the EEOC began conciliation efforts. 11. The EEOC unsuccessfully attempted to conciliate the matter and eventually issued a right to sue letter on October 29, 2004. Plaintiff received the right to sue letter shortly thereafter.

CLAIM FOR RELIEF 12. Plaintiff realleges and incorporates herein by reference the allegations contained in paragraphs one (1) through eleven (11) above. 13. Defendant has intentionally retaliated against Plaintiff because his wife, Miriam Thompson, filed a charge with the Equal Employment Opportunity Commission based on gender discrimination prohibit- ed by 42 U.S.C. § 2000e-2(a). Plaintiff’s relationship 13

to Miriam Thompson was the sole motivating factor in his termination. 14. The Defendant’s retaliation against Plaintiff has been committed with malice or with reckless indifference to his statutorily protected rights. 15. Plaintiff has been damaged by virtue of Defendant’s conduct. As a result of the deprivations described above, Plaintiff has been terminated; has suffered humiliation and embarrassment; and has suffered lost wages, fringe benefits and other com- pensatory and punitive damages. 16. Plaintiff is entitled to affirmative action and other equitable relief, including compensation for lost wages and benefits and reasonable attorney’s fees, as this Court deems appropriate under 42 U.S.C. § 2000e-5(g). WHEREFORE, Plaintiff respectfully requests that the Court: a. Award compensatory and general damages to Plaintiff, including but not limited to lost wages, in an amount to be determined at trial; b. Award punitive damages to Plaintiff in an amount to be determined at trial, c. Award Plaintiff prejudgment interest to the maximum extent permitted by law; d. Award Plaintiff his costs, expenses and rea- sonable attorneys’ fees pursuant to 42 U.S.C. § 1988; and 14

e. Grant Plaintiff such other relief as the Court may deem appropriate and proper.

DEMAND FOR JURY TRIAL Pursuant to Rule 38(b), Federal Rules of Civil Procedure, Plaintiff demands trial by jury for all of the issues pled herein so triable.

VERIFICATION Pursuant to 28 U.S.C. § 1746, Plaintiff Eric L. Thompson, declares under penalty of perjury under the laws of the United States of America that he has read the foregoing Complaint and the factual allega- tions contained therein are true and correct to the best of his knowledge and belief. 1/26/2005 /s/ Eric L. Thompson DATE ERIC L. THOMPSON, PLAINTIFF

STATE OF KENTUCKY ) ) COUNTY OF JEFFERSON ) The foregoing Notary Public, states that Eric L. Thompson appeared before me today and signed this Verified Complaint. My Commission Expires: May 20, 2008 /s/ David O’Brien Suetholz NOTARY PUBLIC STATE AT LARGE 15

Respectfully submitted, SEGAL STEWART CUTLER LINDSAY JANES & BERRY PLLC /s/ Herbert L. Segal HERBERT L. SEGAL 1400 Waterfront Plaza 323 West Main Street Louisville, KY 40202-4251 Tel 502/568-5600 Fax 502/581-1437 COUNSEL FOR PLAINTIFF

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United States District Court for the Eastern District of Kentucky Exhibit A to Motion for Summary Judgment by North American Stainless EQUAL EMPLOYMENT PERSON FILING CHARGE OPPORTUNITY Regalado, Miriam COMMISSION Ms. Susie Poling THIS PERSON (check one) Director of Human 7 CLAIMS TO BE Resources AGGRIEVED North American Stainless IS FILING ON BEHALF 6870 U S 42 E OF ANOTHER Carrollton, KY 41045 DATE OF ALLEGED VIOLATION Earliest Most Recent 08/14/2002 08/28/2002 PLACE OF ALLEGED VIOLATION Carrollton, KY CHARGE NUMBER 241A300346 NOTICE OF CHARGE OF DISCRIMINATION (See EEOC “Rules and Regulations” before completing this Form) You are hereby notified that a charge of employment discrimination has been filed against your organiza- tion under: 7 TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 17

THE AGE DISCRIMINATION IN EMPLOY- MENT ACT OF 1967 THE AMERICANS WITH DISABILITIES ACT 7 THE EQUAL PAY ACT (29 U.S.C., SECT. 206(d)) investigation will be conducted concur- rently with our investigation of this charge. The boxes checked below apply to your organization: 1. No action is required on your part at this time. 2. Please submit by ______a statement of your position with respect to the allegation(s) contained in this charge, with copies of any supporting documentation. This material will be made a part of the file and will be consid- ered at the time that we investigate this charge. Your prompt response to this request will make it easier to conduct and conclude our investigation of this charge. 3. 7 Please respond fully by 03/07/03 to the at- tached request for information which pertains to the allegations contained in this charge. Such information will be made a part of the file and will be considered by the Commission dur- ing the course of its investigation of the charge. For further inquiry on this matter, please use the charge number shown above. Your position state- ment, your response to our request for information, or any inquiry you may have should be directed to: Louisville Area Office Kenneth Jackey 600 Dr. Martin L. King Jr., (Commission Representative) Place Suite 268 (502) 582-5746 Louisville, Kentucky (Telephone Number) 40202-2285 18

Enclosure: Copy of Charge BASIS FOR DISCRIMINATION RACE COLOR 7 SEX RELIGION NAT. ORIGIN AGE DISABILITY RETALIATION 7 OTHER CIRCUMSTANCES OF ALLEGED VIOLATION Charging Party alleges that around August 14, 2002, I was demoted to Meltshop Lab Coordinator and on August 28, 2002, she was again demoted from Meltshop Lab Coordinator to Quality Control Engineer. She stated that as a Meltshop Lab Coor- dinator she was paid less than Tom Haney. DATE TYPE NAME/TITLE SIGNATURE OF AUTHORIZED EEOC OFFICIAL

Marcia Hall-Craig Marcia Hall-Craig 02/13/2003 Director

RESPONDENT

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY Exhibit B to Motion for Summary Judgment by North American Stainless Equal Employment Opportunity Commission ------

DISMISSAL AND NOTICE OF RIGHTS To: Miriam Regalado From: Equal Employment Opportunity Commission (EEOC) Louisville Area Office 600 Dr. Martin Luther King Jr. Place, Suite 268 Louisville, Kentucky 40202 [X] On behalf of a person aggrieved whose identity is CONFIDENTIAL (29 CFR § 1601.7(a))

EEOC Charge No. Representative Telephone No. 241-2003-00346 Kenneth Jackey, 502-582-5746 Investigator

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THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON: [X] The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC. [X] Your allegations did not involve a disability that is covered by the Americans with Disabilities Act. [X] The Respondent employs less than the required number of employees or is not otherwise covered by the statutes. [X] We cannot investigate your charge because it was not filed within the time limit required by law. [X] Having been given 30 days in which to respond, you failed to provide information, failed to appear or be available for interviews/conferences, or oth- erwise failed to cooperate to the extent that it was not possible to resolve your charge. [X] While reasonable efforts were made to locate you, we were not able to do so. [X] You had 30 days to accept a reasonable settle- ment offer that affords full relief for the harm you alleged. [X] The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conclude that the information obtained estab- lishes violations of the statutes. This does not certify that the respondent is in compliance with the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge. 21

[X] The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge. [X] Other (briefly state)

– NOTICE OF SUIT RIGHTS – Title VII, the Americans with Disabilities Act and/or the Age Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you. You may file a lawsuit against the respondent(s) under federal law based on this charge in federal or state court. Your lawsuit must be filed WITHIN 90 DAYS of your receipt of this Notice; otherwise, your right to sue based on this charge will be lost. (The time limit for filing suit based on a state claim may be different.) Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years) before you file suit may not be collectible. If you file suit based on this charge, please send a copy of your court complaint to this office. On behalf of the Commission /s/ Marcia Hall-Craig September 8, 2003 Marcia Hall-Craig, Director (Date)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY Exhibit C to Motion for Summary Judgment by North American Stainless TO: Chris Fuentes FROM: Eric Thompson THANKFULL: I want to work and continue to work for NAS which has shown sound business strategies to ensure its future in a world market. I am grateful for the opportunity given 6 years ago as an inexperi- enced graduate. COMMITTED: I have worked hard for NAS to ensure its success and have provided without ques- tion, all asked of me in a timely fashion. I have never missed a day of work in 6 years (1 day 1st week flooded home town). I am now currently training other engineers without fear of becoming obsolete. COMPENSATION: I am disappointed in compensa- tion this year. When change to salary concerns were voiced several years ago, trust in the company and an implied make-up difference response was given. Now while hourly wages have increased due to incentives and across the board raises given, my salary as an engineering graduate (Which has been financed for another 10 years) has not increased to keep pace with hourly personnel or previous engineers with the same employment time. FUTURE: As a company looking for a successful candidate would ask: “Where do you see yourself in 23

5 years.” I ask this question of NAS. Where is NAS going to be in 5 years? Where is Eric Thompson going to be in 5 years? MANAGEMENT: I encourage you to ask some questions, when you look around at your top manag- ers today. Who possesses the leadership, communica- tion skills, motivational skills, who are the strong problem solvers, and who provides independent contributions to lead NAS for the next 5 years? Who would be the next general V.P. today? If your manag- ers would not make a good V.P. Why not? Is today’s management cut out for tomorrow? ENGINEER COMITMENT: I am surprised to see engineers being replaced by less qualified personnel. You can’t legally call yourself a doctor or lawyer in this country unless you are, but everyone seems to be an engineer. I also would like to see a licensed profes- sional engineer in our department, which is a re- quirement to work under, before also becoming licensed.