EXHIBIT B
CLASS MEMBER RELEASE

In consideration of my receipt of a court-approved monetary distribution from the Pitt Ohio Driver/Dockworker Sex Discrimination Claim Fund ("Claim Fund") in Equal Employment Opportunity Commission v. Pitt Ohio Express, Inc., Case No. 1:06-cv-0747, pending in the U.S. District Court for the Northern District of Ohio, Eastern Division ("Litigation") and potentially being eligible to be placed on a job offer list in connection with settlement of the Litigation, I agree to be bound by the terms of this Release Agreement ("Agreement"), as follows:

LIMITED RELEASE OF CLAIMS AGAINST PITT OHIO EXPRESS, LLC

I hereby waive, release and discharge ("Release of Claims") Pitt Ohio Express, LLC ("Pitt Ohio"), including its officers, directors, subsidiaries, affiliates, predecessors, successors, fiduciaries, insurers, employees, agents and attorneys ("Released Parties") from any and all claims, known and unknown, for sex discrimination in failure to hire or employ me as a driver or dockworker under Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), arising on or before 19 October, 2008.  I understand that my release includes all claims for monetary damages, injunctive, declaratory or equitable relief, costs and attorneys' fees, arising under Title VII.

I understand that my release does not include other claims of discrimination such as for race, age or national origin discrimination, or claims arising under the Fair Labor Standards Act or the Employee Retirement Income Security Act.

TAX RESPONSIBILITY

I understand that I am fully and ultimately responsible for payment of all of my federal, state or local taxes, resulting from or attributable to the distribution I receive from the Claim Fund in the Litigation.  Accordingly, I agree to pay all of my federal, state or local taxes, resulting from or attributable to the distribution I receive from the Claim Fund in the Litigation. 

OTHER AGREEMENTS AND REPRESENTATIONS

Ownership of Claims. I represent and warrant that I have not assigned or transferred any claim I am purporting to release, nor have I attempted to do so.

Entire Agreement.  This Agreement may not be modified, except by a writing signed by both me and an authorized Pitt Ohio attorney.  I acknowledge that Pitt Ohio has made no representations or promises to me, other than those in this Agreement and in or referenced in the Consent Decree in the Litigation.

Successors and Assigns.  This Agreement binds my heirs, administrators, representatives, executors, successors, and assigns.

Interpretation.  This Agreement shall be construed as a whole according to its fair meaning and shall be governed by federal law.

Knowing and Voluntary Waiver and Release of Claims.  I understand and agree that:

• I am entering into this Agreement knowingly and voluntarily;
• I understand the terms of this Agreement;
• I have been and am being advised to consult with an attorney prior to signing this Agreement; and
• I have had a sufficient amount of time to consider this Agreement before signing it.

 

AGREED:

                                                                       

[SIGNATURE]

 

                                                                       

[PRINT NAME]

 

 

                                                                       

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