I’M ABOUT TO TELL YOU

A TRUE BLACK AMERICAN STORY

 

 

Date: 06-20-1998

Case Style: John Bumphus v. Timec Corporation

Case Number: 95-CV-3400

Judge: Susan Illston

Court: United States District Court for the Northern District of California

Plaintiff's Attorney: Pamela Y. Price of Price and Associates, Oakland, California.

Defendant's Attorney: Lindbergh Porter of Littler Mendelson, P.C., San Francisco, California.

Description: Civil rights - job discrimination - racial. Plaintiff, a pipe fitter mechanic who worked for defendant from 1989 to 1995, claimed that he was discriminated against in his efforts to become a supervisor and that, when he complained, his complaints about the discrimination were rejected. He also asserted and defendant admitted that the records relating to the complaints were shredded by the human resources director. After complaining, he was denied overtime work and was eventually fired.

Outcome: Verdict for Plaintiff for $298,000 in lost wages, $105,000 for emotional distress and $500,000 in punitive damages.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None

 

A DOCUMENTARY DETAILING MY PRO SE REPRESENTED EMPLOYMENT LABOR LAW BATTLES WITH THE TIMEC COMPANY, INC., OF VALLEJO, CALIFORNIA, IS OF VITAL IMPORTANCE TO TODAY'S PUBLIC SOCIETAL LEGAL ISSUES DISCOURSE..... THEREFORE, THE DEVELOPMENT AND PRODUCTION OF MY "NECESSARY CANDOR" SCRIPTMENT.....IS PROCEEDING TOWARDS COMPLETION.....

 

THANK YOU, ALL OF YOU,......FOR YOUR CONTINUING INTEREST, SUPPORT, INSIGHT, AND INSPIRATION.....I APPRECIATE YOUR EVERY GESTURE OF ACKNOWLEDGEMENT..... 

 

This book, story, or parts thereof may not be reproduced in any form, stored in a retrieval system, or transmitted in any form by any means–electronic, mechanical, photocopy, recording, or otherwise—without prior written permission of the publisher, except as provided by United States of America copyright law.

 

Copyright @ 2014,  by John D. Bumphus, Jr.

All rights reserved

           Twenty-one years ago, beginning in 1994, I found myself standing alone while fighting a pitched battle against oppressive White Supremacy. I had not any idea whatsoever as to how fully I was actually engaging my future prospects of health, economics, and sanity at that time. I was then and there, at that time, only concerned with not being openly treated as "less for being black" in the workplace. At first, I actually thought that my employers, the TIMEC Company, Inc., of Vallejo, California, were only "testing"me, to see if I would, and could, continue to resolve, under pressure, to hold firm to "believing in them" while existing and functioning within the written conflict resolution doctine of which I had been taught and instructed during the legal education discussions held at the 'Legal Issues for Supervisors' class which they themselves had orchestrated for myself, and others, on December 3, of 1993. However, I was sadly and unexpectedly on my way to tragically discovering that the TIMEC Company, Inc., White Supremacists were seriously committed, with their deep fiscal corporate pockets, to furthering and maintaining the positioning of their future fiscal plans upon their delusions of White Supremacist entitlement and egoistic self-importance.

          In the obscene and illegal furtherance of their racially repressive corporate policies, and without any regard whatsoever to the attendant legal risks and costs, Vallejo, California, White Supremacist TIMEC Company, Inc., General Legal Counsel Brent Babow artfully directed and instructed the administrative and general supervisory personnel under his supervision, to deliberately lie under oath, and under penalty of perjury, to the California EDD, the National Labor Relations Board, the Workers' Compensation Appeals Board, and the United States Equal Employment Opportunity Commission, while White Supremacist TIMEC Company, Inc., Corporate Human Resources Director Barry Raymos admitted under oath in federal court that he immediately and deliberately shredded my initial September, 1994 hand-written complaint of racial discrimination, instead of investigating my claim to resolution and, in an additional action of moral terpitude, White Supremacist TIMEC Company, Inc., Injured Worker Claims Risk Manager Sue Evans, in direct and obstinate violation of her Title 8 Clifornia Code of Regulations § 10109. 'Duty to Conduct Investigation; Duty of Good Faith' California State regulated duty as a "Permissibly Self-Insured" (PSI) Workers' Compensation Claims Administrator,  deliberately and painstakingly refused for over three years, to ever officially acknowledge, and provide medical treatment for, the work-related injury to my psyche which she had personally and initially received writen symptomatic evidence, by a TIMEC-Chevron Superintendent, of having occurred in January of 1995. 

      During the March 27, 2015, National Bar Association’s ‘Writer’s Guild Round Table Discussion’,…..which was moderated by the Bar Association’s President Pamela J. Means, who is also a Partner at the prestigious St. Louis law firm of Thompson Coburn LLP, I had the privilege of being directly asked by Mrs. Means, while being an invited member of the audience, what actually inspired me to write my 2014 book “Necessary Candor”. My reply to the black lawyers in attendance was that Deadly Workplace Violence, Due To Racial Discrimination is a REAL concept......a VERY REAL concept, Indeed......It Was FATALLY REAL For Christopher Dorner, at the Los Angeles Police Department, in February of 2013....It was also FATALLY REAL for Aaron Alexis, at the Washington Naval Shipyard later in September of that same year......It COULD HAVE BEEN FATALLY REAL for Jonathan Martin of the Miami Dolphins, only one month after the outburst of Aaron Alexis.......and it also COULD HAVE BEEN FATALLY REAL for me, John Dan Bumphus, Jr., in September of 1994, while I was working for the racially oppressive TIMEC Company, Inc., of Vallejo, California.....however, and in MY instance, I was blessed to have subjectively understood that I needed help, and immediate answers, to the violent thoughts which were occupying my mind…..I was also Blessed to find a psychologist, Dr. Ira Polonsky, who had the direct answers to the rage which was about to consume me……Dr. Polonsky helped me to sublimate my rage, and thereby turn my mental-health WORKPLACE INJURY, which could have resulted in a tragic consequence of Workplace Violence,….. into a MEDICAL-LEGAL ISSUE, which was ultimately resolved before the California Workers' compensation Appeals Board, before also being presented to an empaneled federal jury, in a federal Title VII civil rights racial discrimination-in-employment litigation…… and that therefore, as I had written in my first book's Epilogue.......I'd personally decided, for myself, that I no longer had the luxury of wasting my time “sitting and silently sulking” alone and to myself, with my sad story about the brutal and racist viciousness of the TIMEC Corporation..... I believed then, and I still do currently feel, that this pertinent dialogue about the outrageous and dangerous foolishness of systematic racist oppression in the workplace must officially begin,….out in the open and for everyone to examine,..... so that in the future,...... perhaps a few very important lives of other people who are also truly loved and genuinely cared about,......as I was,..... might actually be saved......

 


 

 

The Story

          This is the opening chapter in revelation of the true story, of how John Dan Bumphus, Jr.,of Vallejo, CA, from 1993 to 1998, as a Black Man in America, managed to successfully sue his California employer for the Title VII Civil Rights violations of Establishing a Hostile Work Environment, Racial Discrimination, Retaliation and Wrongful Termination in federal court, while at the same time endeavoring to win, as a pro se litigant, a Notice of False Statement finding against his employer, the TIMEC Company, Inc.,  by a State of California Employment Development Department (EDD), Administrative Law Judge, a finding of improper labor union activity against my employer by the Oakland, CA, office of the National Labor Relations Board (NLRB), and his own Workers’ Compensation Appeals Board case, as a pro se litigant, for a California Labor Code § 3208.3 Psychological Stress injury caused by his employer’s overt racial discrimination.

          The primary theme of the documentary project, similar to the theme in the tale of “The Eloquent Peasant”, an ancient Egyptian story about a peasant, Khun-Anup, is that the TIMEC Company, Inc., in February of 1995, chose to, with deliberate lies generated by their own corporate General Counsel, Brent Babow, attempt to "legally" punish John Bumphus, with an ongoing onslaught campaign of surprise, repressive, and illegal litigation tactics,......while also maliciously and simultaneously trying to emotionally push him towards a psychological-break outburst of workplace violence,....all for his insolence, in merely standing up, and complaining directly to them,..... in writing, about the oppressive White Supremacist culture of racial discrimination within the TIMEC workplace...... But rather than being successfully punished by TIMEC for his perceived insolence, John Bumphus was ultimately given, after four years of painful and unnecessary litigation.....an actual semblance of a modicum of justice.

           The documentary shall also cover how that deliverance, and that eventual partial justice was actually only made possible, due to oil refinery maintenance mechanic John Bumphus, miraculously, and in a timely manner, being blessed with the foresight..... to seek, and to actually find, counseling help and deliverance from his mounting and pressing inclinations of rage,.....deliverance found in the person of psychologist Ira Polonsky, Ph.D, of Vallejo, CA, who helped him to more clearly, and certainly more deeply......understand the true nature of the issues involved in this conflict with his racially abusive and repressive employer, the TIMEC Company, Inc., also of Vallejo, CA. 

                     On the evening of December 3, 1993....John Bumphus attended a training class entitled "Legal Issues for Supervisors" held at the TIMEC Company, Inc., corporate warehouse.....instructing on the topic, on behalf of the company's interests were TIMEC President, Gary French....TIMEC Corporate General Counsel, Brent Babow,....and TIMEC Risk-Management Administrator Sue Evans.....

 





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