On October 22, 2010 a
Motion-Secondary
was filed
involving a dispute between
Citysightseeing Corporation,
Daux, Benjamin,
Gina Schembari Individually , And On Behalf Of All,
Hayward, David,
Nails, Phillip Thomas,
Salvatore Mineo Individually, And On Behalf Of All,
and
Citysightseeing Corporation,
City Sightseeing Corporation, A Delaware,
City Sightseeing Ltd.,
City Sightseeing Worlwide,
Does 1 To 500, Inclusive,
for civil
in the District Court of San Francisco County.
Preview
MMA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jun-28-2012 4:00 pm
Case Number: CGC-10-504804
Filing Date: Jun-28-2012 3:59
Filed by: MICHAEL RAYRAY
Juke Box: 001 Image: 03670291
DECLARATION
SALVATORE MINEO INDIVIDUALLY, AND ON BEHALF OF ALL et al VS. CITY
SIGHTSEEING CORPORATION, A DELAWARE et al
001003670291
Instructions:
Please place this sheet on top of the document to be scanned.JONES BOTHWELL DION & THOMPSON LLP
ELIZABETH THOMPSON (SBN 112888)
PAUL J. DION (SBN 088231)
44 Montgomery Street, Suite 610
San Francisco, CA 94104-4608
Telephone: (415) 951-8900
Facsimile: (415) 951-8901
Attorneys for Defendant and Cross-Complainant
CitySightseeing Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
SALVATORE MINEO, GINA SCHEMBARI, No. CGC-10-504804
PHILLIP THOMAS NAILS, BENJAMIN
DUAX and DAVID HAYWARD, individually DECLARATION OF SPENCER
and on behalf of all others similarly situated, CARSON IN OPPOSITION
Plaintiff. TO MOTION FOR CLASS
° CERTIFICATION
vs.
Date: July 12, 2012
CITY SIGHTSEEING CORPORATION, a Time: 9:30 a.m.
Delaware corporation, CITY SIGHTSEEING Dept.: 302
WORLDWIDE and DOES 1 through 500,
Defendants. Complaint filed: | October 22, 2010
AND RELATED CROSS-COMPLAINT.
DECLARATION OF SPENCER IN 1 Case No. CGC-10-504804
OPPOSITION TO MOTION FOR CLASS CERTIFICATIONI, Spencer Carson, declare as follows:
1. Iam employed by CitySightseeing Corporation (“CitySightseeing” or “Company”)
as the Driver Supervisor. I have personal knowledge of the facts stated below.
2. began my employment with CitySightseeing in the Spring of 2010 as a driver
guide, but I have also driven double deck buses from time to time.
3. I was promoted to Driver Supervisor in March, 2012. I ride along on tours to
evaluate driver and guide skills and performance, and I am the person primarily in charge of
complaints or problems between these employees and upper management. I am also in
responsible for bus and tour safety. I fill in if a driver or guide calls in sick.
4. Driver guides (sometimes called school bus drivers) operate open-top single level
buses that have been converted from school buses by having half of the roof removed. These
tours do not have separate tour guides. The driver narrates the tour while driving and provides
customer service and sales when the bus is stationary. Driver guides operate three routes: (a)
the Downtown Loop, which is one hour and fifteen minutes long; (b) the Golden Gate Park
Loop, which takes one hour; and (3) the Golden Gate and Sausalito Loop, which currently takes
1% hours. These tours typically have a half hour break between all runs, except for the Golden
Gate and Sausalito Loop, which usually has a 30 minute gap between tours. This tour has also
been longer in past seasons, lasting as long one hour and forty-five minutes.
5. Double deck tours have a separate guide on the upper level of the bus for safety
purposes and to provide the tour narrative. Double deck drivers also operate three tours, all
within San Francisco: (a) the Downtown Loop; (b) the Golden Gate Park Loop, and (c) the
Night Tour. These tours and break times between tours vary in length depending on the loop.
They have also varied within a season and from year-to-year. The scheduled length for
different loops has at different times been one hour, one hour and fifteen minutes or 1% hours.
6. Coach drivers operate enclosed motor coaches and do not have separate guides.
Coach tours offered at various times are the Taste Tour, Wine Country Tour and Yosemite
Tour. Not all of these tours have been offered every year. The Taste Tour lasts for four hours
and visits 4 to 6 restaurants in downtown San Francisco, Chinatown and Fisherman’s Wharf.
DECLARATION OF SPENCER IN 2 Case No. CGC-10-504804
OPPOSITION TO MOTION FOR CLASS CERTIFICATION27
28
The tour guide narrates the tour and sets the pace of the tour by choosing the locations to visit.
The Wine Country Tour visits 4 to 6 wineries in Sonoma County. It also makes stops within
San Francisco. It last for 8 to 9 hours. Knowledge of the wine country is required. Yosemite
tours leave San Francisco at approximately 7:00 a.m. and return around 8:00 p.m. Depending
on the length of a tour, a driver may be required by federal law to take a one hour paid break in
the afternoon.
7. The actual length of any tour can vary, depending on traffic and other factors,
including a driver may finishing early by not stopping at all stops.
8. Double deck drivers are currently scheduled for minimum 40 minutes lunch breaks
before their fifth hour of work. In previous years, lunch breaks were not specifically scheduled,
but drivers always had at least 30 minutes or more in the middle of the day in which to take a
lunch break, and they were instructed and expected to take their lunch breaks.
9. Driver guides and coach tour guides have always time for rest breaks within their
tour times. The precise time and length of the breaks differ depending on the tour and the
driver’s choices, but drivers were expected to take rest breaks every 3 to 3.5 hours. On coach
tours lasting more than four hours, drivers were and are expected to take a lunch break before
the 5th hour of work.
10. All CitySightseeing drivers are licensed as commercial drivers by the California
Department of Motor Vehicles and must comply with the state and federal Department of
Transportation commercial driving rules and regulations.
11. Ihave not had time deducted from my time sheets. I was paid with regular payroll
checks, and the pay stubs attached to my paychecks have been accurate.
12. Ihave had the experience a paycheck returned due to insufficient funds. When that
happened, CitySightseeing gave me a replacement check and reimbursed me for the bank
charges.
13. From time to time, drivers and guides have been given additional compensation to
cover an extra tour or to work on a day off. The amount would vary. There was no set
practice.
DECLARATION OF SPENCER IN 3 Case No. CGC-10-504804
OPPOSITION TO MOTION FOR CLASS CERTIFICATION14. I have been able to take rest and lunch breaks, and I have not been required to work
overtime. I do not know of any employees who have been prohibited from taking breaks.
Double deck drivers and guides usually receive more than the legal number of breaks because
there is often 1/2 hour gap between each run.
15. On or about April 12, 2011, I was given the opportunity to speak with an
investigator working on this lawsuit. She was at the CitySightseeing office taking statements
from employees about their experience at CitySightseeing and the lawsuit. I met with her
voluntarily and gave the statement attached to this declaration as Exhibit A.
16. I disagree with this lawsuit and do not want to be part of it.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated:
Spencer Carson
DECLARATION OF SPENCER IN 4 Case No. CGC-10-504804
OPPOSITION TO MOTION FOR CLASS CERTIFICATIONinvestigator working on this lawsuit. She was at the CitySightseeing office taking
statements from employees about their experience at CitySightseeing and the lawsuit.
I met with her voluntarily and gave the statement attached to this declaration as Exhibit
A.
© Idisagree with this lawsuit and do not want to be part of it.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
pad: 0.7% « \Z =, _t (\
f Spencer CarsonL Spenar Cane , declare:
1. Ihave been employed by CitySightseeing Corporation (the ““Company’”) as a
Hout guide t d civer since 9 '2010 . The following matters are
personally known to me.
2. [have been told about the lawsuit against the Company entitled Salvatore Mineo v.
CitySightseeing Corporation (No. CGC-10-504804) (the “Lawsuit”). The claims being made in
the Lawsuit have been explained to me, and I have had the opportunity to read the Complaint
filed in the Lawsuit. I understand that the Plaintiffs wish to have the case certified by the court
as a class action, and if that happens that I would be a member of the class.
3. I disagree with this case proceeding as a class action, and J do not want to be a part
of this case. I feel this way because howe ab Solute, Gee iw
freded, pening le tHe compe ng
tle phim tiffs shld be
chiens bgt at, aff
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated: Y 11Zlese
Exhibit A Case No. CGC-10-504804
Preview
MMA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jun-28-2012 4:00 pm Case Number: CGC-10-504804 Filing Date: Jun-28-2012 3:59 Filed by: MICHAEL RAYRAY Juke Box: 001 Image: 03670291 DECLARATION SALVATORE MINEO INDIVIDUALLY, AND ON BEHALF OF ALL et al VS. CITY SIGHTSEEING CORPORATION, A DELAWARE et al 001003670291 Instructions: Please place this sheet on top of the document to be scanned.JONES BOTHWELL DION & THOMPSON LLP ELIZABETH THOMPSON (SBN 112888) PAUL J. DION (SBN 088231) 44 Montgomery Street, Suite 610 San Francisco, CA 94104-4608 Telephone: (415) 951-8900 Facsimile: (415) 951-8901 Attorneys for Defendant and Cross-Complainant CitySightseeing Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION SALVATORE MINEO, GINA SCHEMBARI, No. CGC-10-504804 PHILLIP THOMAS NAILS, BENJAMIN DUAX and DAVID HAYWARD, individually DECLARATION OF SPENCER and on behalf of all others similarly situated, CARSON IN OPPOSITION Plaintiff. TO MOTION FOR CLASS ° CERTIFICATION vs. Date: July 12, 2012 CITY SIGHTSEEING CORPORATION, a Time: 9:30 a.m. Delaware corporation, CITY SIGHTSEEING Dept.: 302 WORLDWIDE and DOES 1 through 500, Defendants. Complaint filed: | October 22, 2010 AND RELATED CROSS-COMPLAINT. DECLARATION OF SPENCER IN 1 Case No. CGC-10-504804 OPPOSITION TO MOTION FOR CLASS CERTIFICATIONI, Spencer Carson, declare as follows: 1. Iam employed by CitySightseeing Corporation (“CitySightseeing” or “Company”) as the Driver Supervisor. I have personal knowledge of the facts stated below. 2. began my employment with CitySightseeing in the Spring of 2010 as a driver guide, but I have also driven double deck buses from time to time. 3. I was promoted to Driver Supervisor in March, 2012. I ride along on tours to evaluate driver and guide skills and performance, and I am the person primarily in charge of complaints or problems between these employees and upper management. I am also in responsible for bus and tour safety. I fill in if a driver or guide calls in sick. 4. Driver guides (sometimes called school bus drivers) operate open-top single level buses that have been converted from school buses by having half of the roof removed. These tours do not have separate tour guides. The driver narrates the tour while driving and provides customer service and sales when the bus is stationary. Driver guides operate three routes: (a) the Downtown Loop, which is one hour and fifteen minutes long; (b) the Golden Gate Park Loop, which takes one hour; and (3) the Golden Gate and Sausalito Loop, which currently takes 1% hours. These tours typically have a half hour break between all runs, except for the Golden Gate and Sausalito Loop, which usually has a 30 minute gap between tours. This tour has also been longer in past seasons, lasting as long one hour and forty-five minutes. 5. Double deck tours have a separate guide on the upper level of the bus for safety purposes and to provide the tour narrative. Double deck drivers also operate three tours, all within San Francisco: (a) the Downtown Loop; (b) the Golden Gate Park Loop, and (c) the Night Tour. These tours and break times between tours vary in length depending on the loop. They have also varied within a season and from year-to-year. The scheduled length for different loops has at different times been one hour, one hour and fifteen minutes or 1% hours. 6. Coach drivers operate enclosed motor coaches and do not have separate guides. Coach tours offered at various times are the Taste Tour, Wine Country Tour and Yosemite Tour. Not all of these tours have been offered every year. The Taste Tour lasts for four hours and visits 4 to 6 restaurants in downtown San Francisco, Chinatown and Fisherman’s Wharf. DECLARATION OF SPENCER IN 2 Case No. CGC-10-504804 OPPOSITION TO MOTION FOR CLASS CERTIFICATION27 28 The tour guide narrates the tour and sets the pace of the tour by choosing the locations to visit. The Wine Country Tour visits 4 to 6 wineries in Sonoma County. It also makes stops within San Francisco. It last for 8 to 9 hours. Knowledge of the wine country is required. Yosemite tours leave San Francisco at approximately 7:00 a.m. and return around 8:00 p.m. Depending on the length of a tour, a driver may be required by federal law to take a one hour paid break in the afternoon. 7. The actual length of any tour can vary, depending on traffic and other factors, including a driver may finishing early by not stopping at all stops. 8. Double deck drivers are currently scheduled for minimum 40 minutes lunch breaks before their fifth hour of work. In previous years, lunch breaks were not specifically scheduled, but drivers always had at least 30 minutes or more in the middle of the day in which to take a lunch break, and they were instructed and expected to take their lunch breaks. 9. Driver guides and coach tour guides have always time for rest breaks within their tour times. The precise time and length of the breaks differ depending on the tour and the driver’s choices, but drivers were expected to take rest breaks every 3 to 3.5 hours. On coach tours lasting more than four hours, drivers were and are expected to take a lunch break before the 5th hour of work. 10. All CitySightseeing drivers are licensed as commercial drivers by the California Department of Motor Vehicles and must comply with the state and federal Department of Transportation commercial driving rules and regulations. 11. Ihave not had time deducted from my time sheets. I was paid with regular payroll checks, and the pay stubs attached to my paychecks have been accurate. 12. Ihave had the experience a paycheck returned due to insufficient funds. When that happened, CitySightseeing gave me a replacement check and reimbursed me for the bank charges. 13. From time to time, drivers and guides have been given additional compensation to cover an extra tour or to work on a day off. The amount would vary. There was no set practice. DECLARATION OF SPENCER IN 3 Case No. CGC-10-504804 OPPOSITION TO MOTION FOR CLASS CERTIFICATION14. I have been able to take rest and lunch breaks, and I have not been required to work overtime. I do not know of any employees who have been prohibited from taking breaks. Double deck drivers and guides usually receive more than the legal number of breaks because there is often 1/2 hour gap between each run. 15. On or about April 12, 2011, I was given the opportunity to speak with an investigator working on this lawsuit. She was at the CitySightseeing office taking statements from employees about their experience at CitySightseeing and the lawsuit. I met with her voluntarily and gave the statement attached to this declaration as Exhibit A. 16. I disagree with this lawsuit and do not want to be part of it. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: Spencer Carson DECLARATION OF SPENCER IN 4 Case No. CGC-10-504804 OPPOSITION TO MOTION FOR CLASS CERTIFICATIONinvestigator working on this lawsuit. She was at the CitySightseeing office taking statements from employees about their experience at CitySightseeing and the lawsuit. I met with her voluntarily and gave the statement attached to this declaration as Exhibit A. © Idisagree with this lawsuit and do not want to be part of it. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. pad: 0.7% « \Z =, _t (\ f Spencer CarsonL Spenar Cane , declare: 1. Ihave been employed by CitySightseeing Corporation (the ““Company’”) as a Hout guide t d civer since 9 '2010 . The following matters are personally known to me. 2. [have been told about the lawsuit against the Company entitled Salvatore Mineo v. CitySightseeing Corporation (No. CGC-10-504804) (the “Lawsuit”). The claims being made in the Lawsuit have been explained to me, and I have had the opportunity to read the Complaint filed in the Lawsuit. I understand that the Plaintiffs wish to have the case certified by the court as a class action, and if that happens that I would be a member of the class. 3. I disagree with this case proceeding as a class action, and J do not want to be a part of this case. I feel this way because howe ab Solute, Gee iw freded, pening le tHe compe ng tle phim tiffs shld be chiens bgt at, aff I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: Y 11Zlese Exhibit A Case No. CGC-10-504804