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Protek11/7/2005
s.
{ } "Q: Sir, but in order to show lost profits you have to show lost business. This is just a purchase order. That shows existing business. I'm asking you for evidence that it is cancelled, and you are telling me you don't have any other than the hearsay that you referred to earlier; correct?
{ } "Mr. Rubin: Objection. His testimony is not hearsay.
{ } "Mr. Porter: No, but the conversation - -
{ } "The Court: Right, I understand the characterization which the Court will disregard the characterization. You may continue.
{ } " *
{ } "Q: So you are basing it, seems to me that this lost profits calculation is based in large part on purchase orders executed prior to the relationship with Lake Erie; isn't that right, sir?
{ } "A: Well, there is a lot of them in here that are after the quote. This was just to show a history of the volume and that they just didn't appear out of the blue sky, that this relationship was ongoing. You know, if you go to the first ones, they are at the time when we first started receiving bolts from Lake Erie. That's why I thought it was appropriate to show previous orders to show that this was a continuation of business between the two companies.
{ } "Q: None of which in any way show they were cancelled, right?
{ } "A: No, they don't.
{ } "Q: Labor costs, sir, you reference labor costs with regard to lost profits; right?
{ } "A: Yes.
{ } "Q: And you referenced people having to work here instead of there in order to come up with that number in lost parts?
{ } "A: If I said so.
{ } "Q: Instead of having people run the machine for RMO 130 for tank pad, that person wound up going somewhere else and doing something else; is that right, sir?
{ } "A: That's not, I don't know what you are referring to and what I said. I guess some of the costs that aren't in there is down time from pulling someone off the job , changing a tool and moving them to another job. It is not like the equipment is sitting there waiting for the other person. Also, we are waiting for bolts to come in and so we commit the equipment. Bolts don't come, and we have bodies standing.
{ } "Q: Couldn't they do something else?
{ } "A: Not if there is not a tool waiting for them and a press to run, no, there is not.
{ } "Q: Well, isn't it common in the manufacturing world that workers idled by work stoppage or say machine difficulty, machine problem, will clean floors, clean the place, check stock, check delivery, conduct training, things of that nature?
{ } "A: Quite frankly we make our money when presses go up and down. We don't make any money by pushing a broom. If there is eight guys standing, the place is kept in normal order so we don't have enough cleaning for bodies to do. No, that isn't the standard. That's running an inefficient plant as far as I am concerned.
{ } "Q: You pay these folks by the hour?
{ } "A: Yes we do.
{ } "Q: Can you give them half day off, four hours off?
{ } "A: I guess if I understand your question, I give people a day off anytime they want. I don't understand where you are coming from.
{ } "Q: Is there a contractual agreement between Protek and its employees that if they come to work and there is not work for them that particular day that they are paid four hours?
{ } "A: Yes, that's in there.
{ } "Q: Do you have any documents that show the work performed - - excuse me - - the money spent by Protek per hour per employee, sir?
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