GC - bc.1385 Translated

ATTACHMENT TO STIPULATION REGARDING TEXT MESSAGES FOR YOKASTA
RODRIGUES
UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD
ADMINISTRATIVE LAW JUDGE LAUREN ESPOSITO
McDONALD'S USA, LLC, a Joint Employer, et al.
and Cases 02-CA-093893, et al.

04-CA-125567, et al.
FAST FOOD WORKERS COMMITTEE AND
SERVICE EMPLOYEES INTERNATIONAL
UNION, CTW, CLC, et al.
STIPULATION BETWEEN McDONALD'S USA, LLC AND GENERAL COUNSEL

OF THE NATIONAL LABOR RELATIONS BOARD AS TO THE AUTHENTICITY
OF TEXT MESSAGES INVOLVING YOKASTA RODRIGUES
Subject to the approval of the Administrative Law Judge, Respondent McDonald's
USA, LLC ("McDonald's") and the General Counsel of the National Labor Relations Board
("General Counsel"), by and through their respective counsel, hereby stipulate that each of
the text messages listed in the Attachment are contained within MCDNLRB304883 and may
be admissible in the form shown in the Attachment. Further, the text messages listed in the
Attachment may be offered into evidence without witness testimony and, if accepted by the
Administrative Law Judge, entered into the record. McDonald's stipulates that each item
identified in the Attachment is authentic. McDonald's reserves all other objections to the
admissibility of the text messages listed in the Attachment, including, but not limited to,
lack of relevance or sufficient probative value under Federal Rules of Evidence 401-403.
The General Counsel may question any witness as to the substance of any text message
listed in the Attachment. Once approved by the Administrative Law Judge, this stipulation
will be issued as an Order and the Attachment may be admitted into evidence. The
Administrative Law Judge will issue one or more oral rulings on the record as to the
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ATTACHMENT TO STIPULATION REGARDING TEXT MESSAGES FOR YOKASTA
RODRIGUES
admission of the text messages identified in the Attachment to this stipulation.
Counsel for General

t_ Counsel Counsel for McDonald's USA, LLC
40$°r
Alejandro Or z Doreen Davis
National Labor Relations Board Jones Day
26 Federal Plaza, Room 3614 250 Vesey Street
New York, NY 10278 New York, NY 10281
alejandro.ortiz@nlrb.gov ddavis @jonesday.com
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ATTACHMENT TO STIPULATION REGARDING TEXT MESSAGES FOR YOKASTA RODRIGUES

MCDNLRB304883
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2 +19177966509 +19733096431 2/15/2013 11:11 AM Hi David, I am at 117th &3rd everything is going well so
Yokasta David Garcia far. I have seen few suspicious people that come inside the
Rodrigues restaurant look around and leave but nothing else

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3 +19733096431 +19177966509 2/15/2013 11:52 AM Ok thank u keep me posted
David Garcia Yokasta Rodrigues

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4 +19177966509 +15169678325 2/8/2013 12:53 PM Hi Kenny, Good luck out there ... Do not engage in
Yokasta Rodrigues Kenny conversations with Bruce or his staff after the union
members get to the restaurant. It's better if they do not
know that you are part of the company. They all know
Bruce’s people . Call me if you need anything

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5 +15169678325 +19177966509 2/8/2013 1:02 PM Thanks Yokasta --- yes, I'm not with anyone now - just in
Kenny Yokasta Rodrigues case

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6 +19148829429 +19177966509 10/21/2012 9:26 PM Sorry to bother you so late but if you are awake may I call
Michael Ortiz Yokasta Rodrigues you to ask a question about the upcoming labor union
meeting?

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10 +19148829429 +19177966509 11/29/2012 12:40 PM They are at 181st. petitioning for signatures / 4 people
Michael Ortiz Yokasta Rodrigues
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12 +19148829429 +19177966509 12/1/2012 10:42 AM Joel Gonzalez / terminated on November 11th / he was on
Michael Ortiz Yokasta Rodrigues the list of marchers with signature / no documentation why
he was terminated
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13 +19177966509 +19148829429 12/1/2012 10:45 AM But do you know why he was terminated?
Yokasta Rodrigues Michael Ortiz
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14 +19177966509 +19148829429 12/6/2012 3:03 PM How is everything going ?
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ROW FROM TO TIMESTAMP $0/5&/50'5&95.&44"(&

15 +19148829429 +19177966509 12/6/2012 3:07 PM "UUIFNPNFOUFWFSZUIJOHJTHPJOHXFMM"UTPNFTUPSFT
Michael Ortiz Yokasta Rodrigues UIFZIBWFUSJFEUPEJTUSJCVUFGMZFSTUPUIFFNQMPZFFT#VUUIF
NBOBHFSTEJEOPUQFSNJUTP
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16 +19177966509 +19148829429 12/6/2012 3:09 PM Very well, we already have demonstrations in other stores
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17 +19148829429 +19177966509 12/6/2012 3:14 PM Ok. will ee yo dated on any sit ation that
Michael Ortiz Yokasta Rodrigues ha ens at the stores
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18 +19148829429 +19177966509 12/6/2012 3:23 PM an terminate the shameless em loyee that was tryin to
Michael Ortiz Yokasta Rodrigues a ire si nat res o the em lyees d rin the early
mornin shi t?
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19 +19177966509 +19148829429 12/6/2012 3:27 PM No … e a se yo didn t terminate the one that was
Yokasta Rodrigues Michael Ortiz sellin V and avon Yo an do ment that and ey
him now that it is a ainst om any oli y lso let them
now that he an not do it a ain it an res lt in
termination and or s s ension.
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20 +19148829429 +19177966509 12/6/2012 3:30 PM Ok, it s ine, t want to e told when an start
Michael Ortiz Yokasta Rodrigues terminatin a ew o them
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21 +19177966509 +19148829429 12/6/2012 3:33 PM You have to document them 1st
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22 +19148829429 +19178829429 12/6/2012 3:33 PM Ok, will do it li e that
Michael Ortiz Yokasta Rodrigues
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26 +19177966509 +12017392549 11/29/2012 10:30 AM Restaurants with protests today Colley Eastchester
Yokasta Rodrigues Cheryll Forsatz Kingsbridge 82 nd. And Broadway 125 and Lenox 117th
and 3rd 34th and 5th 14th and 1st 125 and Lexington
Diekmann 1188 Broadway Paulino 47th and 5th
Dunham 51st Broadway Lewis 3rd and saint Marks
Union Square Cisneros 40th and Madison
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27 +12017392549 +19177966509 11/29/2012 10:32 AM Did crew leave work or just protestors showing up?
Cheryll Forsatz Yokasta Rodrigues
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28 11/29/2012 10:36 AM I know about one crew that did not show up to work and
+19177966509 +12017392549 went to the rally at 51st and Broadway. One asked for the
Yokasta Cheryll Forsatz day off at 1188 and others protesting work at different time
Rodrigues
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31 +15169846847 +19177966509 2/7/2013 7:02 PM Possible union problem @ Colleys 117&3rd restaurant. 99
Lynn Rudy Yokasta Rodrigues picket lines has called for an occupation of the store for
tomorrow. I have talked with Bruce I have not
+15169678325 communicated to operators yet as I am waiting direction.
Kenny Please keep confidential.
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46 +19177966509 +15169846847 11/29/2012 11:58 AM No , the protesters I found them on my way to 42nd street
Yokasta Rodrigues Lynn Rudy
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47 +15169846847 +19177966509 11/29/2012 12:20 PM Protesters on way to 42?
Lynn Rudy Yokasta Rodrigues
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48 +19177966509 +15169846847 11/29/2012 12:21 PM Yes I am here with Lewis and the lawyer
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49 +15169846847 +19177966509 11/29/2012 12:22 PM His many protesters?
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50 +15169846847 +19177966509 11/29/2012 12:22 PM How many?
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51 +19177966509 +15169846847 11/29/2012 12:24 PM Not 42nd towards time square
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52 +19177966509 +15169846847 11/29/2012 2:58 PM They have a permit from 4:00-5:30 to rally in front of 42nd
Yokasta Rodrigues Lynn Rudy street with a podium generators and speakers
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53 +19177966509 +15169846847 11/29/2012 4:09 PM Close to 200 people outside the store
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105 +19177966509 +19733036447 11/29/2012 4:31 AM Good Morning we are at the restaurant with NWW,
Yokasta Rodrigues Maggie Calabrese Cisneros and Brody . We already see people from the rally
standing in front of the restaurant
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106 +19733036447 +19177966509 11/29/2012 4:34 AM Any of our crew
Maggie Calabrese Yokasta Rodrigues
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107 +19177966509 +19733036447 11/29/2012 4:34 AM One manager from Cisneros
Yokasta Rodrigues Maggie Calabrese
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108 +19733036447 +19177966509 11/29/2012 4:37 AM Can u get his name
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109 +19177966509 +19733036447 11/29/2012 4:43 AM Ramon
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110 +19177966509 +19733036447 11/29/2012 5:53 AM One more restaurant
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111 +19177966509 +19733036447 11/29/2012 7:11 AM No problem ... The cops are outside 1188 and two of their
Yokasta Rodrigues Maggie Calabrese employees are outside the restaurant
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113 +19177966509 +19733036447 11/29/2012 9:39 AM 117th and 3rd. Telemundo is there
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114 +19177966509 +19733036447 11/29/2012 9:46 AM Employees outside 51st and Broadway Altriet, Betzaida ,
Yokasta Rodrigues Maggie Calabrese Jenny Lynn, jasmine R, Angela morales, Isaac Luis,
Brian morales
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115 +19177966509 +19733036447 11/29/2012 10:37 AM Colley Eastchester Kingsbridge 82 nd. And Broadway 125
Yokasta Rodrigues Maggie Calabrese and Lenox 117th and 3rd 34th and 5th 14th and 1st
125 and Lexington Madison street Diekmann 1188
Broadway Paulino 47th and 5th Dunham 51st Broadway
Lewis 3rd and saint Marks Union Square Cisneros 40th
and Madison
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116 +19733036447 +19177966509 11/29/2012 10:39 AM In colley stores was it a rally or petition
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117 +19177966509 +19733036447 11/29/2012 10:49 AM The following stores had petitions Madison street 82nd
Yokasta Rodrigues Maggie Calabrese street Empire Kingsbridge 125 and Lexington
Eastchester
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118 +19177966509 +19733036447 11/29/2012 11:03 AM Bruce Colley sent me this information Checked w
Yokasta Rodrigues Maggie Calabrese MidTown North Precinct Community Affairs Officer ‐ No
one has a permit to Rally or demonstrate in the Times
Square area today. People always have the right to
demonstrate but need permits for: blockades, loudspeakers,
bull horns or amplified music. They can not block
entrance to any business, block or restrict traffic on
sidewalk, or vehicle traffic.
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119 +19177966509 +19733036447 11/29/2012 3:35 PM Over 100 people outside 42nd st. Other union workers are
Yokasta Rodrigues Maggie Calabrese helping fast food employees to get unionized
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120 +19177966509 +19733036447 11/29/2012 4:12 PM Close to 200 people outside 42 nd street
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172 +15169846847 +19177966509 11/29/2012 6:31 AM About 30 people picketing outside 1188 right now
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173 +19177966509 +15169846847 11/29/2012 6:34 AM I am going there Leaving from 51 and Broadway
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54 +15169846847 +19177966509 11/30/2012 6:16 AM Why is he suspended?
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55 +19177966509 +15169846847 11/30/2012 6:16 AM Hi, I just sent you a link ... I think Jose Cerillo is from
Yokasta Rodrigues Lynn Rudy 1188 and he is suspended
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56 +19177966509 +15169846847 11/30/2012 6:22 AM Pushed another employee
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57 +19177966509 +15169846847 11/30/2012 6:24 AM But he was very upset when they didn't allow him to
Yokasta Rodrigues Lynn Rudy recruit employee. I believe that it was during one of those
incidents, he demanded the no soliciting sing in Spanish
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58 +15169846847 +19177966509 11/30/2012 6:26 AM Interesting g I never heard from Elaine that they had
Lynn Rudy Yokasta Rodrigues issues.
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59 +19177966509 +15169846847 11/30/2012 8:03 AM They are posting pictures of employees going back to work
Yokasta Rodrigues Lynn Rudy with the union organizersv
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60 +19177966509 +15169846847 11/30/2012 4:49 PM Bruce needs to understand that he can not interrogate the
Yokasta Rodrigues Lynn Rudy employees after participating in the rally
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61 +19177966509 +15169846847 11/30/2012 4:50 PM He wanted to interrogate everyone today
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62 +19177966509 +15169846847 11/30/2012 4:53 PM I am concern bc he understood that can go and ask all type
Yokasta Rodrigues Lynn Rudy of questions
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121 +19177966509 +19733036447 11/30/2012 11:37 AM They were outside Bruce Colley 117th and 3rd avenue
Yokasta Rodrigues Maggie Calabrese collecting signatures today
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122 +19733036447 +19177966509 11/30/2012 12:09 PM Did they sign?
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123 +19177966509 +19733036447 11/30/2012 12:11 PM The employees didn't sign Bruce and mike were there . But
Yokasta Rodrigues Maggie Calabrese they also asked customers for signatures
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124 +19733036447 +19177966509 11/30/2012 12:12 PM Did they get a copy of what to sign?
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219 +19178462830 +19177966509 11/30/2012 6:22 PM Hi Yokasta‐‐sorry I waited til so late, but wanted to thank
Elaine Diekmann Yokasta Rodrigues you VERY much for being at 1188 yesterday morning
to help guide us and support us !! We very
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220 +19178462830 +19177966509 11/30/2012 6:22 PM Much appreciate your guidance..thanks again!
Elaine Diekmann Yokasta Rodrigues
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64 +19177966509 +15169846847 12/5/2012 5:44 PM How is 1188 ?
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65 +15169846847 +19177966509 12/5/2012 5:52 PM Ok
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66 +19177966509 +15169846847 12/5/2012 5:53 PM Do they really have people outside ?
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67 +19177966509 +15169846847 12/6/2012 2:33 PM U left 1188 ?
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69 +15169846847 +19177966509 12/6/2012 2:34 PM How is it?
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70 +19177966509 +15169846847 12/6/2012 2:34 PM They are getting together in front if the store
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71 +19177966509 +15169846847 12/6/2012 2:46 PM Hi the lawyer wants the store to have the barricades up
Yokasta Rodrigues Lynn Rudy before the protesters get there if its possible so they don’t
stand too close to the store
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72 +19177966509 +15169846847 12/6/2012 8:27 AM The Barricades just arrived to 1188
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73 +19177966509 +15169846847 12/6/2012 10:34 AM Anything new?
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74 +19177966509 +15169846847 12/6/2012 2:10 PM They are here in orange this time
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76 +19177966509 +15169846847 12/6/2012 4:54 PM 2 reporters came to 1188 trying to talk to the crew
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77 +15169846847 +19177966509 12/6/2012 4:55 PM What happened?
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78 +19177966509 +15169846847 12/6/2012 4:56 PM I heard them and broke up the conversation placing an
Yokasta Rodrigues Lynn Rudy order and told Bill to go and ask them for their contact
information
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79 +15169846847 +19177966509 12/6/2012 4:57 PM They left ?
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80 +19177966509 +15169846847 12/6/2012 4:57 PM Yes.
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81 +19177966509 +15169846847 12/6/2012 5:44 PM I have a group of people in front of 1188
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82 +15169846847 +19177966509 12/6/2012 5:45 PM Doing what
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83 +19177966509 +15169846847 12/6/2012 5:46 PM Talking Making plans
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84 +19177966509 +15169846847 12/6/2012 5:46 PM With one of the flags … I am outside trying to hear
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85 +19177966509 +15169846847 12/7/2012 8:06 AM i visited the following stores I spoke with the managers
Yokasta Rodrigues Lynn Rudy letting them know what they should expect today and
over the weekend (people dropping off literature about
what happened yesterday, if the had anyone
participating in the rally the organizers might bring them
back) Restaurants Penn and spoke with Jon 51 st and
Broadway with Edward 47th and 6th with Elaine and
Daysi 47th and 5 with Christopher 42nd and 5th with
Lourdes Empire with Shaquana and Jeffry 36th and 6th
spoke with Milagros
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86 +15169846847 +19177966509 1/30/2013 5:17 PM Sent this to all OO Activity again tonite @ 1188.
Lynn Rudy Yokasta Rodrigues Approximately 5 organizers in store. Tried to sit without
purchase. Asked to leave made purchase and sat. Seemed
to be interviewing potential recruits possibly from
other restaurants. We enforced loitering policy and they
left. Please be diligent in enforcing policies consistently
and travel paths. Was in 5 stores today and this was an
opportunity.
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87 +19177966509 +15169846847 2/8/2013 1:59 PM They entered this information. 40 minutes ago :
Yokasta Rodrigues Lynn Rudy @99pickets: In 30 minutes ‐‐ workers & activists are
occupying
a @McDonalds store at 117th St. & 3rd Ave. in East
Harlem. #fastfoodfwd
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102 +19177966509 To: +19143840030 2/8/2013 2:12 PM Hi it's everything going ok at 117 and 3rd?
Yokasta Rodrigues Dan Dragani
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103 +19143840030 +19177966509 2/8/2013 2:15 PM So far no body showed
Dan Dragani Yokasta Rodrigues
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104 +19177966509 To: +19143840030 2/8/2013 2:16 PM They posted this information 40 minutes ago In 30 minutes
Yokasta Rodrigues Dan Dragani ‐‐ workers & activists are occupying a
@McDonalds store at 117th St. & 3rd Ave. in East
Harlem.
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88 +15169846847 +19177966509 3/14/2013 8:03 AM Store assignments: 36th& 6th‐ Yokasta 40th &7th‐ Soraya
Lynn Rudy Yokasta Rodrigues 42nd‐ Ken 1188‐ Kenny 51st&broadway‐ Stephen
117&3rd‐ Ingrid Time Square‐ Lynn
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CERTIFICATION
GC.BC.1385 Attachment to Stipulation Regarding Text Messages
I hereby certify that I am fluent in English and Spanish and that the attached
translation is an accurate translation of the Spanish text messages.
uis Angel Carrero

Board Interpreter

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GC - bc.1385 Translated

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ATTACHMENT TO STIPULATION REGARDING TEXT MESSAGES FOR YOKASTA

UNITED STATES OF AMERICA

McDONALD'S USA, LLC, a Joint Employer, et al.

and Cases 02-CA-093893, et al.

STIPULATION BETWEEN McDONALD'S USA, LLC AND GENERAL COUNSEL

Subject to the approval of the Administrative Law Judge, Respondent McDonald's

admission of the text messages identified in the Attachment to this stipulation.

Counsel for General

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