EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION                         Plaintiff,              and                         v. PITT OHIO EXPRESS, LLC.                         Defendant.

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Civil Action No.:   1:2006 cv 00747 JUDGE LESLEY  WELLS                    Notice Of Proposed Consent Decree And Fairness Hearing

TO:     All women, who applied for employment at any of Pitt Ohio’s terminals in Ohio (Cleveland, Columbus, Cincinnati and Toledo) as a Truck Driver and/or Dockworker at any time between September 1, 1997, and  19 October, 2008 and who were not offered a position.

PLEASE READ THIS ENTIRE NOTICE CAREFULLY
YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LAWSUIT.

EEOC and Pitt-Ohio have agreed to resolve this case with a Consent Decree on behalf the group of women that includes you (the "Claimants" identified above).  The proposed Consent Decree will not become final unless the Court approves it as fair, reasonable and in the public interest. This Notice explains the terms of the Consent Decree and how it may affect you.  This Notice tells you how and when the Court will decide whether to approve the Consent Decree, and how to "object to" (legally challenge) the Consent Decree.   It also tells you how to get more information and how to file your claim for a monetary payment of at least $1,000.

What EEOC’s Lawsuit Is About

This lawsuit was filed by the Equal Employment Opportunity Commission (“EEOC”). Following investigation of a charge and an unsuccessful settlement effort, EEOC filed suit and alleged that Pitt Ohio did not hire the Charging Party or offer her a Truck Driver or Dockworker position and did not hire or offer positions to other female applicants.  The EEOC claims that Pitt Ohio engaged in a pattern or practice of failing and refusing to hire qualified female applicants as Truck Drivers or Dockworkers because of their gender at its terminals in Ohio.  Pitt Ohio denies these allegations, and further denies any liability or wrongdoing.  It has given up none of its defenses.

EEOC conducted a detailed investigation of the facts.  EEOC extensively reviewed the available documentation, including applications, and other Pitt Ohio documents, and has analyzed the hiring data.

The EEOC and Pitt Ohio have agreed on the proposed Consent Decree described in this Notice, and submitted it to the Court for approval.  EEOC believes that this Consent Decree is advantageous to the parties, to the women above (the “Claimants”) and in the public interest, more so than continuing to litigate this case through trial, which would be expensive and would likely take several more years with no guarantee of success.  The Consent Decree provides substantial benefits to the Claimants relatively quickly, and EEOC recommends its approval.

Although Pitt Ohio has denied and denies any wrongdoing or liability in this case, and has given up none of its defenses, it has agreed to settle this case on the terms explained in this Notice in order to avoid the burden of an expensive and time-consuming lawsuit with an uncertain outcome.  The Court has not decided whether EEOC would win this case or whether Pitt Ohio has a valid defense to the claims made in this case.  This Notice does not mean that the Court has decided that Pitt Ohio has violated any federal or state law.  This Notice is not an opinion one way or the other about your chances of recovering anything in this lawsuit if the lawsuit is not settled.

Summary of Consent Decree Terms

(This is only a summary. The complete terms of the proposed Consent Decree are in the Consent Decree itself.  A copy of the Consent Decree has been filed with the Court and also is available at http://www.eeoc.gov/consent/pitt-ohio/)

EEOC and Pitt Ohio have agreed upon a proposed Consent Decree to resolve this case without a trial. The proposed Consent Decree is subject to Court’s review, including preliminary and final approval.

The Consent Decree provides substantial benefits, which are described on the next two pages, to every Claimant who presents a valid claim.  As explained below, the Consent Decree provides for a payment to each Claimant presenting a valid claim based upon an application for employment with Pitt Ohio as a Truck Driver or Dockworker in a specified time period, and additional payments to Claimants evaluated by EEOC to be “Offer Eligible”  after completion of the claims process.

If you wish to be considered for relief as a Claimant or as an Offer Eligible Claimant, you must complete and return the claim and release forms included with this Notice and have your qualifications reviewed by EEOC in accordance with the claims process described in this Notice.  Whether or not a Claimant is evaluated to be Offer Eligible will not affect their right to receive monetary relief as a Claimant, described in this Notice.

Consent Decree Benefits For All Claimants

• The Consent Decree enjoins Pitt Ohio from discriminating against female applicants based on their gender in its hiring of drivers and/or dockworkers at any of its facilities in Ohio.  In addition, the Consent Decree provides relief to female applicants for Truck Driver and/or Dockworker positions in Pitt Ohio’s Ohio facilities, who were not hired by Pitt Ohio from September 1, 1997, through 19 October, 2008.
• For each of the next five years following final approval of the Consent Decree, Pitt Ohio will maintain data, provide reports directly to the EEOC and be subject to court oversight. Certain disputes will be subject to referral to an ombudsperson.  Other disputes on compliance with the Consent Decree will be subject to mediation and court proceedings if necessary.
• As a part of Consent Decree, Pitt Ohio agrees not to reta1iate against any Claimant based upon her involvement in the Consent Decree process.
• Pitt Ohio agrees to offer at least 40 positions at its Ohio facilities, and hire no less than 30 Offer Eligible Claimants, designated by the EEOC following the claims process.  The positions will be split 1/3 Dockworker and 2/3 Truck Driver in filling positions, and will include rightful place seniority.  The Offer Eligible Claimants will be designated as promptly as possible following the final date for filing claims under the Consent Decree.
• The Pitt Ohio Claim Fund will pay each Claimant who submits a valid claim to EEOC not less than $1,000, and each Offer Eligible Claimant not less than $20,000.  The exact amount of each payment to each Claimant will depend on the number of valid claims filed and the number of persons interested in and evaluated as meeting all hiring criteria for Offer Eligible Claimants.
• In the event some payments can’t be delivered or are not cashed, the EEOC, in its discretion, will re-allocate those payments amongst the Claimants consistent with paragraph 18 of the Consent Decree.  Claimants who filed timely claims will be eligible to receive additional money in this re-allocation process.

Additional Benefit for the Offer Eligible Claimants

Claimants determined to be Offer Eligible will receive their job offers from Pitt Ohio based on vacancies occurring in Truck Driver or Dockworker positions in Pitt Ohio’s Ohio facilities.  Upon hire, the Offer Eligible Claimant will receive a hire date and, for certain purposes seniority consistent with the date of the next vacancy filled following her date of original application to Pitt Ohio.  Any payment allocated to an Offer Eligible Claimant will be made consistent with the determinations of EEOC.

Releases

If the Court approves the Consent Decree, all Claimants will be required to sign a written release in order to receive their payment.  Claimants who sign their releases, give up any right to sue Pitt Ohio under Title VII of the Civil Rights Act of 1964 for gender discrimination at any time in the past, up to 19 October, 2008 related to hiring. This includes rights to sue Pitt Ohio for all relief for gender discrimination in hiring under Title VII, including back pay, front pay, further compensatory damages and punitive damages.

Under the Consent Decree, Settlement Class members do not release any legal claim that is not related to Pitt Ohio’s gender discrimination under Title VII in hiring practices and policies that were challenged in the law suit.

If the Court grants final approval to Consent Decree, it will enter an order of final approval in this case.  This will include equitable and other injunctive relief and include all Claimants, and the monetary relief described in this notice to those Claimants who file a valid claim and sign their release.

What Happens Next

To approve the Consent Decree, the Court must decide that the terms of the Consent Decree are fair, reasonable and in the public interest.  If it is approved by the Court, the Consent Decree will be binding on EEOC and Pitt Ohio and you do not have to do anything in order to receive the benefits you are entitled to under the Consent Decree, other than file your claim and Questionnaire with EEOC and execute a release.  However, if the Court does not approve the Consent Decree, it will not go into effect and the lawsuit will continue.

Schedule and Location of Fairness Hearing

The Fairness Hearing will be held before Judge Lesley Brooks Wells at 10:00 a.m. on 22 January, 2008 in Courtroom 328 of the United States Courthouse, 201 Superior Ave. N.E., Cleveland, Ohio. You may attend the fairness hearing if you wish, but you do not have to attend. You also have the right to hire your own lawyer and enter an appearance in this case. However, if you wish to speak at the Fairness Hearing, you must give notice to EEOC at the following address no later than 18 December, 2008:

EEOC Cleveland Field Office
AJC Building, Room 3001
1240 East Ninth Street
Cleveland, Ohio 4419
Attn: Pitt Ohio Fairness Hearing

Objections

i. who may object

Any Claimant may "object to" (legally challenge) any aspect of the Consent Decree.  The Court will consider your objections when it decides whether or not to approve the Consent Decree. Unless the parties agree, the Court cannot modify the Consent Decree, but can only approve or disapprove it in its entirety.  The mere filing of an objection by a Claimant will not affect the right to receive compensation under this Consent Decree unless the Court determines not to approve this Consent Decree.  EEOC and Pitt Ohio may make some agreed appropriate modifications of the Consent Decree based upon objections.

ii. Process for objecting

To object to the Consent Decree, you must send your written objections to EEOC at the address below. Your objection must be received no later than 18 December, 2008.

EEOC Cleveland Field Office
AJC Building, Room 3001
1240 East Ninth Street
Cleveland, Ohio 4419
Attn: Pitt Ohio Objections

EEOC will electronically file with the court any objections received within 5 business days of receipt.  Objections to the Consent Decree may also be filed with the Office of the Clerk, United States District Court for the Northern District of Ohio, Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland, Ohio 44113-1830 by 22 December, 2008. Any Claimant who does not follow these procedures will not be allowed to be heard as to the fairness or reasonableness of the proposed Consent Decree at the Fairness Hearing.

Issuing Payments:

Claimants

If the Court grants final approval of the Consent Decree, and if no objector obtains a stay and appeals the Court's decision, payments will be processed promptly after the Court's ruling becomes final and binding. If you are entitled to receive money as a Claimant or as an Offer Eligible Claimant, you must provide the EEOC with an executed release.  To receive a check for your share of the settlement funds, you must sign and return the release form consistent with the Consent Decree.

The Claim Fund will mail you a check for your payment after it receives your signed release from EEOC following the final approval.  Your payment is for compensatory damages, including emotional distress and mental anguish, and not wages, since you have never had an employment relationship with Pitt Ohio.  Your gross amount is subject to income tax on any payment received, but no taxes will be withheld. The Claim Fund will send you a form 1099-MISC reporting the amounts actually paid.  You should consider whether you need to make estimated tax payments as a result of receiving the payments.

You will have sixty (60) days from the date you receive the release form, or 90 days from the date the release form was initially mailed to you (whichever is earlier), to sign the release form and return it to the EEOC or you will give up your right to payment.

HOW TO GET MORE INFORMATION

The complete Consent Decree, this Notice, the Court-approved Release form and the current hiring criteria for Driver and Dock Worker jobs at Defendant’s Ohio terminals are accessible for review at the website, below.  All documents filed in this case, including the proposed Consent Decree, can be reviewed at the Office of the Clerk, United States District Court for the Northern District of Ohio, Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland, Ohio 44113-1830, during regular business hours, or through the Court's website http://www.ohnd.uscourts.gov/Electronic_Filing/electronic_filing.html. Please direct letters, phone calls, e-mail or other specific inquiries about the Consent Decree to EEOC, not to the Clerk's Office or the Court.

Please Do Not Contact the Judge or the Clerk of the Court
About the Consent Decree of this Case