Binion v. Metropolitan Pier & Exposition Authority

163 F.R.D. 517, 1995 U.S. Dist. LEXIS 13630, 1995 WL 557491
CourtDistrict Court, N.D. Illinois
DecidedSeptember 12, 1995
DocketNo. 94 C 3814
StatusPublished
Cited by13 cases

This text of 163 F.R.D. 517 (Binion v. Metropolitan Pier & Exposition Authority) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Binion v. Metropolitan Pier & Exposition Authority, 163 F.R.D. 517, 1995 U.S. Dist. LEXIS 13630, 1995 WL 557491 (N.D. Ill. 1995).

Opinion

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

This employment discrimination case is before the Court on the Plaintiffs’ motion to certify the class. At issue is whether the Plaintiffs have shown commonality and typicality under Rule 23(a)(2-3) of the Federal Rules of Civil Procedure. Also at issue is whether an earlier Equal Employment Opportunity Commission charge not filed by one of the named Plaintiffs opens the class membership period. For the reasons stated below, we grant the Plaintiffs’ motion. We hold that the Plaintiffs have shown commonality and typicality, and that the earlier filed charge opens the class membership period.

I.

A

When a claim for relief involves issues of law or fact common to a class of persons, and when the issues center on questions of law applicable in like manner to each member of the class, class relief is “peculiarly appropriate.” See General Telephone Company of the Southwest v. Falcon, 457 U.S. 147, 155, 102 S.Ct. 2364, 2369, 72 L.Ed.2d 740 (1982); 7A Charles A. Wright, Arthur R. Miller & Mary Kay Kane, §§ 1751-1764. Rule 23 of the Federal Rules of Civil Procedure governs the standards for certifying a class. It is well settled that the party requesting class certification has the burden of showing the four requirements for certification within Rule 23(a) of numerosity, commonality, typicality, and adequate representation. See General Telephone Co., 457 U.S. at 157-58, 102 S.Ct. at 2371. In looking to the movant’s proofs, we do not have “ ‘any authority to conduct a preliminary inquiry into the merits of a suit in order to determine whether it may be maintained as a class action.’ ” Meiresonne v. Marriott Corp., 124 F.R.D. 619, 622 (N.D.Ill.1989) (Shadur, J.) (quoting Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177, 94 S.Ct. 2140, 2152, 40 L.Ed.2d 732 (1974)). Accordingly, “[s]ometimes the issues are plain enough from the pleadings to determine whether the interests of the absent parties are fairly encompassed within the named plaintiffs claim, and sometimes it may be necessary for the court to probe behind the pleadings before coming to rest on the certification issue.” General Telephone Co., 457 U.S. at 160, 102 S.Ct. at 2372. The standard of proof required, then, in support of certification is rather liberal and subject to our discretion. See Patterson v. General Motors Corp., 631 F.2d 476, 480 (7th Cir.1980), cert. denied, 451 U.S. 914, 101 S.Ct. 1988, 68 L.Ed.2d 304 (1981). In counterpoint to the liberal certification standard, as developments in the class litigation occur, a court remains free to modify or vacate a certification order if it should prove necessary. General Telephone Co., 457 U.S. at 160, 102 S.Ct. at 2372.

B.

The Metropolitan Pier and Exposition Authority (“Metro Pier”) is a municipal corporation that manages convention and exposition activities at Chicago’s Navy Pier and McCormick Place. Their Housekeeping Department contains about three hundred employees, most of whom hold the unofficial job title of “janitor.” About half of the janitors are African American, about a third are hispanic, and the rest belong to other ethnic groups. The Housekeeping Department has three classifications of positions. Positions are classified either full time, part time, or temporary. Full time employees receive full benefits and typically work forty or more hours per week. Part time employees do not usually receive benefits. They work up to thirty-two hours per week. Temporary employees do not receive benefits. They work only up to sixteen hours per week.

Seniority, the amount of time spent with the company, is the exclusive guidepost for determining who is promoted from temporary to part time, or from part time to full time status. Seniority within a classification also determines who receives assignments when there are more employees willing to work than there are positions. Thus the full time Housekeeping staff consists of those [521]*521employees who have worked with Metro Pier the longest without quitting, dying, or being fired. Likewise, the part-time Housekeeping staff consists of the next senior rung of employees who have stayed on. Temporary Housekeeping staff are those with the lowest seniority. All employees begin as temporary staff.

Supervisory staff members enforce the disciplinary rules. The supervisory hierarchy in the Housekeeping Department contains a handful of managerial staff, including assistant foremen, foremen, assistant head foremen, head foremen, an assistant superintendent, and a superintendent. The superintendent is the only manager in the Department authorized to make final disciplinary and discharge decisions. Unless a disciplinary matter is “unusual,” he does not need to consult with his direct supervisor, the Operations Manager, on these decisions.

Since 1986, Metro Pier’s Housekeeping Department has enforced a written, progressive disciplinary policy which divides infractions into two categories: major and minor. One committing a major infraction is subject to immediate suspension or discharge without advanced notice or warning. Such infractions include theft, endangering people’s safety, arriving at work under the influence of alcohol or narcotics, and so on. One committing a minor infraction is entitled to progressive discipline. On the first offense, a supervisor will give an oral warning; on the second offense, a written warning; on the third, suspension number one; on the fourth, suspension number two; and on the fifth offense, the employee will be discharged. Minor infractions include offenses such as tardiness, insubordination, improper dress, unexcused absence without calling in, and so on.

We are not the first court, or even the second, to have before it the allegations presented by the Plaintiffs. Therefore, a short procedural history is in order. On July 22, 1991, a black employee in the Housekeeping Department at Metro Pier, Jetun Jefferson (“Jefferson”), filed a pro se claim with the Equal Employment Opportunity Commission (“the EEOC”), alleging that he was subject to discrimination at work on the basis of his race and sex. In his race discrimination claim, he alleged unequal employment opportunities in transfers, in hours, and in assignments as an unscheduled walk-in. He also alleged being subject to racial slurs. In his sex discrimination claim, he alleged that women with lower seniority were being promoted while he was not. His charge stated in paragraph four, “I believe that Blacks are discriminated against as a class____” (PL’s Ex. 20).

The July 22 filing was apparently the first of three complaints that Jefferson filed with the EEOC on similar, but not identical, sets of allegations. On July 29, 1991, Jefferson filed a second, more detailed complaint listing in several particulars the verbal abuse, racial harassment, denial of terms of employment, and unequal disciplinary treatment he and other blacks allegedly endured at Metro Pier.

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Bluebook (online)
163 F.R.D. 517, 1995 U.S. Dist. LEXIS 13630, 1995 WL 557491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/binion-v-metropolitan-pier-exposition-authority-ilnd-1995.