Robert Arthur Nicholas

RN68 Holdings, LLC

5100 N27th St

Ste A-2, #132

Lincoln, NE 68521

Mr. Keith J Baumann

Director, Regional Human Resources – US

EVONIK Corp

c/o CORPORATION SERVICE COMPANY

135 North Pennsylvania Street, Suite 1610, Indianapolis, IN 46204, USA

On or About 10/28/2023

RE: AMENDED NEB 2-22/23 10-53010-S

Nicholas vs. Evonik Corporation

Nebraska Fair Employment Practice Act

Shalum Mr. Baumann

On or about Thursday, March 16th, 2023, at approximately 10:00 am to approximately 11:00 am towards the conclusion of my Rebuttal Interview–via Phone Call with EOC Investigator II Nina Johnson of the Nebraska Equal Opportunity Commission (NEOC)–I was asked if I would consider Alternative Dispute Resolution (ADR) with the NEOC. After a brief, and off-the-record explanation, on Mediation and Pre-Determination Settlement (PDS), I quickly expressed an interest in learning more about Mediation via the NEOC.

After a more detailed explanation on Mediation, still off-the-record, Investigator Johnson asked me something to the effect of “What would it take for Evonik to resolve this Dispute, so it is favorable for you?”  And I responded something to the effect of “Back Pay (Investigator Johnson informed me, earlier in the meeting, I was Terminated on or about Tuesday, March 1st, 2022, while I was in Sarpy County Jail) from on or about Saturday, January 1st, 2022, thru whatever date whenever we come to an Agreement and Long Term Disability thru on or about Saturday, June 1st, 2024.  Which would give me 25 Years of Service and I would retire quietly at 56.” 

To my disappointment, I have not heard back from Investigator Johnson or Evonik about resolving our Workplace Dispute via Mediation with the NEOC. I hereby Revoke any Offers of Workplace Dispute via Mediation with the NEOC.

My Initial PDS Offer:

So to Recap, $545,000 USD, $50,000 USATD OR twenty-five ounces of .9999 Fine 24-Karat Gold and a Cryptic Employee Announcement Email. Evonik Corporation will not have to apologize, will not have acknowledge any wrong doing and will not have to take any other action and I will consider AMENDED NEB 2-22/23-10-53010-S settled favorable for both parties and the NEOC will dismiss the charge of Whistleblower Discrimination.

Most High Willing, I would like to resolve this matter within 30 Days of your receipt of this Letter. Please consider PDS. It is not my desire to involve attorneys which would increase stress, time, and costs for both parties. If you have any questions about the PDS with the NEOC, please contact Investigator Johnson at (402) 471-4067 or (800) 642-6112.

Please let me know if Evonik Corporation is interested in the PDS Option. If I do not get a Response within 3 Days of Evonik Corporation receiving this Letter, I will Seek Legal Counsel and Consider Requesting a Right to Sue Letter from the Federal Equal Opportunity Commission.

Respectfully submitted

Robert Nicholas

TIMELINE ACT I

Prologue:

To improve our Environment Safety and Health Culture I will:

EP 2.3 Report incidents, near-misses, unsafe conditions and sources of error promptly.

On or about August 21, 2019, an INCIDENT INVESTIGATION REPORT was filed.

Brief Description:  Employee Suffering from Breathing Loss in DSP Building.

Facts Gathered: Employee complained of a hard time breathing from working the new DSP Green Ocean Building.

Root Causes: No root cause identified. We have reviewed again the processes and chemicals for the DSP building to ensure employees are not being exposed. We will continue to monitor periodically.

Very interesting indeed!

On or about March 13, 2020, by Proclamation 9994, President Donald James Trump declared a National Emergency concerning the Coronavirus Disease 2019 (COVID-19) Pandemic.

On or about March 14, 2020, Your Servant Robert Arthur Nicholas of Sarpy County, sent the Immunity Building Email to his sister and three daughters.

On or about September 5, 2020, a Certain Tech and the Concerned Chemist, conducted the Rudimentary Air Quality Tests which, reportedly had extremely high levels of Hydrogen Sulfide (AKA H2S, Sewer Gas, Swamp Gas, Stink Damp, and Sour Damp).

On or about September 09, 2021, President Joseph Robinette Biden Jr, stated, “This is a pandemic of the unvaccinated. And it’s caused by the fact that despite America having an unprecedented and successful vaccination program, despite the fact that for almost five months free vaccines have been available in 80,000 different locations, we still have nearly 80 million Americans who have failed to get the shot.”

On or about December 06, 2021, Evonik AKA Degussa Head of ESHQ (Environment, Safety, Health and Quality) Shawn Marsh said in the COVID-19 OSHA ETS Compliance Update, “Evonik [also known as Degussa] strongly encourages employees to get vaccinated to protect themselves and their families, colleagues and communities.”

On or about December 16, 2021, my Fellow Servant Andrew James Wacker of Washington County, sent Your Servant via text stating in part: “…Talking to D crew right now saying we need to write a formal letter to whomever explaining that we refuse to follow these unconstitutional guidelines and will not be coerced into doing this.”  It has been Duly Noted the Certain Tech was part of the conversation. 

On or about December 17, 2021, Evonik AKA Degussa ESH (Environment, Safety and Health) Coordinator David McLean wrote in an email to Your Servant, “Please remember, Evonik [also known as Degussa] will comply with the law.  If the Emergency Temporary Standard (ETS) is upheld by the courts, then a COVID 19 policy that is compliant with the ETS will be issued.”

On or about December 18, 2021, my Fellow Servant Andrew James Wacker of Washington County–sent via Group Text Chat–to Fellow Servant William Brian Combs of Washington County and Your Servant a Rough Draft of the Special Petition.  I Strongly Recommended Format and Frequency Edits and Mr. Combs Gently Suggested Tactical Tidbits.

On or about December 19, 2021, my Fellow Servant Andrew James Wacker of Washington County asked his Fellow Servants on A Crew and later B Crew if they were interested in Reading, Reviewing and Responding to the Special Petition that was Specifically addressed to the Evonik [also known as Degussa] Blair COVID-19 Steering Committee.

On or about December 20, 2021, Your Servant, who was Covering on C Crew, Executed a Transfer of Custody, of the Special Petition from my Fellow Servant Andrew Wacker of Washington County.

It has been Duly Noted many Fellow Servants on A and B Crew signed the Special Petition.

Thereupon, Your Servant Executed a Transfer of Custody to Fellow Servants [Redacted] and [Redacted] on C Crew.  Due to Your Servant’s unclear guidelines, vague objectives and poor attention to detail, Transfer of Custody of the Special Petition was not Executed between C Crew and D Crew.

On or about December 21, 2021, Your Servant, who was Covering on C Crew, Secured the Unattended Special Petition and Safeguarded until Shift Exchange with D Crew.  After Shift Exchange, Your Servant Executed a Transfer of Custody, of the Special Petition with the Certain Tech.  It has been Duly Noted many Fellow Servants on C Crew signed the Special Petition.

On or about December 22, 2021, Your Servant during a Frantic Search of the Control Room [and after being tipped off by a vocal opponent of the Special Petition], discovered the Special Petition laying Unsecured in the Certain Text’s unlocked drawer in the Control Room.  It has been Duly Noted many Fellow Servants on D Crew signed the Special Petition. 

Thereupon, Your Servant Executed a Transfer of Custody to my Fellow Servant Andrew James Wacker of Washington County.

That concluded Your Fellow Servant’s direct involvement in the Special Petition.