B. Leibensperger v. Carpenter Technologies, Inc. t/a Carpenter Technology Corp.

152 A.3d 1066, 2016 Pa. Commw. LEXIS 532
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 22, 2016
Docket87 C.D. 2015
StatusPublished
Cited by8 cases

This text of 152 A.3d 1066 (B. Leibensperger v. Carpenter Technologies, Inc. t/a Carpenter Technology Corp.) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
B. Leibensperger v. Carpenter Technologies, Inc. t/a Carpenter Technology Corp., 152 A.3d 1066, 2016 Pa. Commw. LEXIS 532 (Pa. Ct. App. 2016).

Opinions

OPINION BY

JUDGE McCULLOUGH

Bruce Leibensperger (Appellant) appeals from the December 23, 2014 order of the Court of Common Pleas of Berks County (trial court) granting summary judgment in favor of Carpenter Technologies, Inc. t/a Carpenter Technology Corp. (Employer).1

Facts and Procedural History

The following facts are not in dispute. Appellant was hired by Employer in 1972. Appellant worked for Employer in numerous supervisory positions from approximately 1973 until 1996 or 1997, when he voluntarily transferred to a nonsupervisory role to join a newly created inventory disposition department (department) as a [1069]*1069“disposition coordinator.” (Employment History, Supplemental Reproduced Record (S.R.R.) at 90b.) Jackie Berk joined the department in 2001 and conducted roughly the same job as Appellant. Ms. Berk was hired by Employer in 1979, but, unlike Appellant, never held a supervisory role.

Appellant asked Ms. Berk on May 15, 2008, if she knew of anyone who could refurbish an antique shotgun he found while cleaning his father-in-law’s barn. Ms. Berk said that she knew someone and agreed to transport the firearm to the refurbisher’s place of business. Appellant and Ms. Berk met in the parking lot owned by Employer the next morning at around 6:50 a.m. to transfer the shotgun to Ms. Berk’s control. Appellant took the shotgun out of his trunk and showed it to Ms. Berk. Ms. Berk inspected the shotgun, wrapped it in a towel, and placed it in the trunk of her personal vehicle. Two other employees observed the transfer of the shotgun between the vehicles and reported it to Employer.

Employer has a Workplace Violence Policy (Policy), which provides, in relevant part:

It is the policy of the Company to provide a safe and secure work environment which is free from threats, threatening behavior, acts of violence, or any other related activity which is disruptive to employees.... Bringing a firearm or other dangerous weapon onto [Employer] owned or leased property is considered an intolerable offense for which an employee will be immediately suspended with intent to discharge.

(Policy at 1, Reproduced Record (R.R.) at 101a (emphasis omitted).) Employer describes the Policy as a “zero tolerance” policy that was incorporated into training modules used in training managers. (Affidavit of Thomas Reed at 2, S.R.R. at 101b.) Appellant was trained on the Policy on September 18, 2000. (Trial court op. at 2.) Employer also posted its policy on its property and on its internal computer system. (Trial court op. at 2.)

Employer initiated an investigation into the matter. When confronted with the allegations, Appellant told Employer that he thought Ms. Berk should not be held responsible because she was not the person who brought the gun to work. (Appellant’s Dep. at 42, R.R. at 90a.) After the investigation concluded, Employer terminated Appellant effective May 19, 2003, for violating the Policy, though it allowed him to retire with full retirement benefits. (Appellant’s Letter to Employer, May 28, 2003, Employer’s Ex. 25, S.R.R. at 206b.) Appellant was fifty-three at the time of his discharge. Employer suspended Ms. Berk until May 22, 2003, and gave her a written warning. In a disciplinary letter to Ms. Berk, Employer notified Ms. Berk that her continued employment was made contingent upon her participation in a year-long Employee Assistance Program and that any deviation from the Policy in the future would result in immediate discharge. (Disciplinary Memo, May 22, 2003, S.R.R. at 204b.)

After his discharge, Appellant wrote a letter to Employer explaining his disagreement with his termination. The letter reads, in relevant part:

I was discharged for an incident which can only be described as an error in judgment and/or ignorance. I found an old shotgun while cleaning out my father-in-laws [sic] corn bin and brought it to work for a co-worker to have it possibly restored. The gun was rusty, had no shells, [sic] did not know the caliber and later found the firing pin was bent for the left chamber. By definition, this gun was ‘inoperative’ and should not be considered a ‘firearm.’ Knowing I could not bring it into the building I worked in [1070]*1070(Bldg 33) but not knowing the parking lot was deemed Carpenter property, I put the gun into my co-worker’s car— again for the sole purpose of having it restored—if possible. Not realizing I was doing anything wrong, I hid .nothing during the transfer from my truck to the co-worker’s car. Even when another employee pulled into the parking lot did I try to hide what I was doing? [sic] Why should I? I did not think I was doing anything wrong. Several hours later, I was confronted and asked what transpired and was told that I was being suspended with intent to discharge. I was dumbfounded, speechless, and deeply distraught. When asked what had happened, I willfully told the whole story; omitting nothing! The co-worker corroborated (my story). Ultimately, on 5/19/03,1 was discharged.

(Letter from Appellant to Employer, May 28, 2003, S.R.R. at 206b.) Employer did not reinstate Appellant.

Instead, Appellant initiated this action in July 2006 through a Praecipe for Writ of Summons and a subsequent Complaint filed with the Court of Common Pleas of Delaware County on October 23, 2006.2 In his Complaint, Appellant alleged that “[Employer] terminated [Appellant] from employment for [a] rule violation but was not as severe in punishing the younger female employee, who had an identical position to that of [Appellant] as part of the employment with [Employer].” (Compl. ¶ 5, S.R.R. at 210b.) Appellant also alleged that he did not violate the Policy or, in the alternative, was not told of the rule against firearms since a firearms sale took place at Employer’s premises in 1995.3 (Compl. ¶ 6, S.R.R. at 210b.) According to the allegations, “[Employer] violated the Pennsylvania Human Relations Act [ (PHRA)4] and the federal Age Discrimination in Employment Act [(ADEA)5 by] failing to act without discrimination in punishing and terminating [Appellant].” (Compl. ¶ 9, S.R.R. at 211b.) Appellant further alleged that Employer “committed acts of inten[1071]*1071tional illegal discrimination against [Appellant] by reason” of sex and age. (Compl. ¶10, S.R.R. at 211b.)

On November 10, 2006, Employer filed Preliminary Objections (POs) to Appellant’s Complaint alleging, inter alia, improper venue. The Court of Common Pleas of Delaware County granted the POs and transferred the case to the trial court. On November 17, 2008, Employer filed an Answer and New Matter to Appellant’s Complaint. The case stalled in discovery for four years. After the trial court issued a Notice of Proposed Termination on October 15, 2012, Appellant filed a Statement of Intention to Proceed on November 2, 2012. The case stalled once again until, on July 11, 2014, the trial court issued a Rule to Show Cause why the ease should not be dismissed for inactivity and held a hearing on September 17, 2014 about moving the case forward.

On October 30, 2014, Employer filed the instant Motion for Summary Judgment (Motion). In its Motion, Employer alleged summary judgment is appropriate because Appellant “cannot sustain his burden with respect to his claims of age discrimination and sex discrimination...” (Motion ¶28, R.R.

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B. Leibensperger v. Carpenter Technologies, Inc. t/a Carpenter Technology Corp.
152 A.3d 1066 (Commonwealth Court of Pennsylvania, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
152 A.3d 1066, 2016 Pa. Commw. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-leibensperger-v-carpenter-technologies-inc-ta-carpenter-technology-pacommwct-2016.