Blesedell v. Chillicothe Telephone Co.

811 F.3d 211, 2016 FED App. 0016P, 2016 U.S. App. LEXIS 1102, 2016 WL 279433
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 22, 2016
DocketNo. 15-3542
StatusPublished
Cited by14 cases

This text of 811 F.3d 211 (Blesedell v. Chillicothe Telephone Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blesedell v. Chillicothe Telephone Co., 811 F.3d 211, 2016 FED App. 0016P, 2016 U.S. App. LEXIS 1102, 2016 WL 279433 (6th Cir. 2016).

Opinion

OPINION

ROGERS, Circuit Judge.

Jason Blesedell, who was formerly employed by Chillicothe Telephone Company, was terminated for falsifying a timecard and impersonating a customer in telephone calls to the company. Blesedell sued the company and his union, asserting a hybrid § 301/fair-representation claim. Blesedell also asserted a defamation claim against the company’s human resources manager, taking issue with the manager’s statements to union members and a police officer. Because the union did not breach its duty of fair representation during the grievance process, both the union and the company were properly granted summary judgment on the hybrid claim. Summary judgment was likewise proper on the defamation claim because the statements at issue were true or were protected by a qualified privilege.

Blesedell worked for Chillicothe Telephone Company (CTC) from 1996 until his termination on December 17, 2012, most recently as a plant facilities technician. At all relevant times, Blesedell was a member of the International Brotherhood of Electrical Workers, Local 578 (the Union). As a plant facilities technician, Blesedell performed repair and installation work on telephone cables and other equipment. Blesedell reported to a building every morning, “the Exchange,” to receive “trouble tickets,” which reflected the work that he was assigned to perform. Trouble tickets were created when a customer called the service center to report an outage or other problem. Each ticket had a corresponding ticket number. After completing the work reflected by the trouble ticket, Blesedell would call CTC’s service center to tell a dispatcher that the ticket had been cleared. CTC records many of the calls to the service center from technicians, customers, and other callers.

This case arose from events in December 2012 and January 2013. On Monday, December 3, Blesedell and his supervisor, Gerald Parker, were operating on different assumptions regarding whether Blesedell was scheduled to perform “fiber training” during that week. This confusion appeared to be resolved when Parker talked with Blesedell on the afternoon of December 3 or the morning of December 4, instructing Blesedell to continue working on trouble tickets. In the morning of December 4, Blesedell worked with technician [215]*215Mike Causey on aerial cable lines. The ticket was cleared by the dispatchers at 11:20 A.M. At 11:39 A.M., Blesedell called the service center and had the following conversation with dispatcher Linda Mitchell:

[Blesedell]: Did you have any locates or anything down here that you need me to check up on? I got ahold of Gerald [Parker]. He said he’s going to get with-I’m in fiber training this week. [Mitchell]: Yep.
[Mitchell]: I think they sent Greg Bow-dle down there to cover trouble. I don’t see any locates.
[Blesedell]: Okay, just wanted to check. Pm going to eat and Pm just kind of waiting on his call. I’ll just deal with it as we go. If you need anything though, call me. If I’m around here local, I’ll take care of it.

At some point in the early afternoon of December 4, dispatcher Kim Barnes called Parker to ask whether Blesedell was supposed to be in fiber training. After Parker responded that Blesedell was doing trouble tickets instead of training, Barnes said that she gave all of Blesedell’s tickets to another technician. From this conversation, Parker formed the impression that Blesedell was attempting to avoid tickets. In a telephone call with Parker at 3:27 P.M., Blesedell urged that he was not refusing tickets. Nothing in the record indicates that Parker asked Blesedell what work he had been doing.

The GPS units in CTC’s vehicles monitor the location of the vehicles. The GPS on Blesedell’s vehicle indicates that on the afternoon of December 4, Blesedell was parked at the Exchange between 1:38 and 3:22 P.M., left the Exchange at 3:22, returned at 3:37, and left again at 4:04 to return home. Blesedell’s timecard, which Blesedell completed at some point before leaving, indicated that he had done four hours of work in the afternoon on buried cable maintenance.

After Parker’s conversation with Barnes, Parker shared his concerns about Blesedell’s work with CTC’s Human Resources Manager Eric Stevens. Stevens listened to the recording of the conversation that morning between Blesedell and dispatcher Mitchell. Although Stevens did not believe that Blesedell was refusing to work on trouble tickets, Stevens questioned what work Blesedell had done on December 4. Stevens examined Blesedell’s timecard and did not find any tickets in CTC’s records corresponding to buried cable maintenance for the afternoon of December 4. Nor was there any buried cable work at the Exchange that an employee of Blesedell’s work classification would handle. According to Stevens, “the number that was put on the timecard, and the GPS records, [and] what Mr. Parker was telling us, didn’t coincide with each other.”

Concerned that Blesedell may have falsified a timecard, CTC decided to conduct a fact-finding meeting on December 14. Before that meeting, Parker, Stevens, CTC’s Talent Coordinator Debbie Coe, CTC’s General Manager of Operations Trevor Kendall, Union President David Morgan, and Union Vice President Matt Ervin met without Blesedell. CTC expressed to Morgan and Ervin its concern with Blese-dell’s work on December 4, and may have gone so far as to state that it wanted to terminate Blesedell. After that discussion and before the fact-finding meeting, Morgan and Ervin briefly talked with Blese-dell. Blesedell maintains that Morgan and Ervin told him nothing about the purpose of the meeting. CTC then conducted the fact-finding meeting with Blesedell, asking him about his whereabouts on the afternoon of December 4. Blesedell first stated that he was “possibly” doing work with [216]*216Mark Tanner, another technician. CTC then confirmed that Tanner was not with Blesedell on December 4. After a break in the meeting, Blesedell remembered that he had worked on a telephone pedestal that “had been hit several times” by cars. CTC concluded the meeting to investigate Blesedell’s claim concerning the pedestal.

Immediately after the meeting, Blese-dell called CTC’s service center. Blesedell told dispatcher Barnes: “[W]e had a maintenance ticket, there was a car accident on Massieville Road.... Anyway, we cleared it last week. Can you see if you can find [it?]” Blesedell said that the accident damaged one of CTC’s pedestals, which was located at walking distance from the Exchange on the property of Frank Robinson. Barnes located a trouble ticket for work on that pedestal. This ticket, however, was created on December 9 and was cleared by Blesedell on December 10. Blesedell advised Barnes that the work was in fact performed on December 4, and asked Barnes to write on the ticket that the pedestal had been damaged on December 4 and repaired that afternoon. Barnes complied. The modified ticket thus showed that it was created on December 9 and cleared on December 10, but a note added at the bottom of the ticket indicated that the pedestal was damaged and repaired on December 4.

Still in the afternoon of December 14, at some point after Blesedell’s conversation with dispatcher Barnes, Stevens investigated the pedestal work that Blesedell claimed to have done. Stevens found the modified ticket and noticed the discrepancy between the date of creation — December 9 — and the note at the bottom of the ticket. Stevens also reviewed the recordings of telephone calls related to that ticket.

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Cite This Page — Counsel Stack

Bluebook (online)
811 F.3d 211, 2016 FED App. 0016P, 2016 U.S. App. LEXIS 1102, 2016 WL 279433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blesedell-v-chillicothe-telephone-co-ca6-2016.