Bonkowski v. Oberg Industries, Inc.

992 F. Supp. 2d 501, 2014 WL 199790, 2014 U.S. Dist. LEXIS 6028
CourtDistrict Court, W.D. Pennsylvania
DecidedJanuary 17, 2014
DocketCivil Action No. 12-00812
StatusPublished
Cited by4 cases

This text of 992 F. Supp. 2d 501 (Bonkowski v. Oberg Industries, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bonkowski v. Oberg Industries, Inc., 992 F. Supp. 2d 501, 2014 WL 199790, 2014 U.S. Dist. LEXIS 6028 (W.D. Pa. 2014).

Opinion

MEMORANDUM OPINION

CONTI, Chief Judge.

I. Introduction

Pending before the court is a motion for summary judgment (ECF No. 18) filed by defendant Oberg Industries, Inc. (“Oberg” or “Defendant”). Plaintiff Jeffrey Bonkowski (“Bonkowski” or “Plaintiff’) initiated this action on June 14, 2012, by filing a two-count complaint against Oberg alleging: (1) Oberg retaliated against him for exercising his rights, in violation of the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2615(a), (count one); and (2) Oberg interfered with his rights, in violation of the FMLA, 29 U.S.C. § 2615(a), (count two). On August 27, 2012, Oberg filed an answer to the complaint. (ECF No. 7.)

On May 20, 2013, after completing discovery, Oberg filed a motion for summary judgment and a brief in support of that motion. (ECF Nos. 18, 19.) That same day, Oberg filed a concise statement of material facts and an appendix thereto. (ECF Nos. 22, 23.) On June 20, 2013, Plaintiff filed a response and brief in opposition to defendant’s motion for summary judgment and a response to defendant’s concise statements of material facts, (ECF Nos. 24, 25, 26.) On July 8, 2013, Oberg filed a reply brief in support of its motion for summary judgment, a response to Plaintiffs concise statement of material facts, and a supplemental appendix in support of its motion for summary judgment. (ECF Nos. 28, 29, 30.) On July 18, 2013, the parties filed their combined statement of material facts. (C.S.F. (ECF No. 31).)

II. Factual Background

The factual background is derived from the undisputed evidence of record and the disputed evidence of record viewed in the light most favorable to the nonmovant, i.e., Plaintiff. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor.”).

A. History of Employment Relationship

Defendant is a manufacturer of precision components and tooling for a variety of industries including the medical, metal packaging, aerospace defense, automotive, consumer products and oil and gas industries. (C.S.F. ¶1 (ECF No. 31 at 1).) Defendant actively recruited Plaintiff and eventually hired him as a wire EDM operator on August 18, 2008. (C.S.F. ¶ 2 (ECF No. 31 at 2).) Plaintiff worked for Defendant as an “at will” employee during the [503]*503“second shift” of its operations.1 (C.S.F. ¶ 4 (ECF No. 31 at 2).) Plaintiff also regularly worked overtime on the weekends. (Jeffrey Bonkowski’s Deposition (“Bonkowski Dep”) at 65 (ECF No. 21-2 at 65).)

Defendant regularly conducts performance appraisals of its employees and throughout the course of Plaintiffs employment, he received ratings as having achieved or exceeded expectations. (C.S.F. ¶ 3 (ECF No. 31 at 15).) Prior to the events which led to the current litigation, Plaintiff had never been disciplined under Defendant’s disciplinary policy. (C.S.F. ¶ 4 (ECF No. 31 at 15).)

1. Disclosure of Plaintiffs Health Conditions to Oberg

Plaintiff has a number of health conditions including a heart condition known as aortic bicuspid, which means that he has two heart valves as opposed to three. (C.S.F. ¶ 5 (ECF No. 31 at 15); Bonkowski Dep. at 89 (ECF 23-1 at 7).) He has also been diagnosed with diabetes and has had his colon removed. (Bonkowski Dep. at 89 (ECF No. 23-1 at 7).) In addition to these conditions, Bonkowski was diagnosed with a possible aortic aneurysm after fainting in the woods in May 2010. (C.S.F. ¶ 5 (ECF No. 31 at 15); Bonkowski Dep. at 89 (ECF No. 23-1 at 7).) Following this incident, Bonkowski informed his immediate supervisor, Jeffrey Ambrose (“Ambrose”), about his heart condition (aortic bicuspid) and the incident in the woods.2 (C.S.F. ¶ 6 (ECF No. 31 at 16); Bonkowski Dep. at 89 (ECF No. 23-1 at 7).) The incident in the woods did not result in Plaintiff requesting leave under the FMLA, or require him to miss any work. (Bonkowski Dep. at 89-90 (ECF No. 23-1 at 7-8).)

2. Past FMLA Leave

On November 30, 2010, Plaintiff requested and received leave under the FMLA from Defendant. (C.S.F. ¶27 (ECF No. 31 at 12); Bonkowski Dep. at 48-50 (ECF No. 21-2 at 7).) Plaintiff requested leave in order to have a scheduled surgical procedure performed on his hand due to carpal tunnel syndrome. (Id.) Plaintiff made this request to Ambrose. (C.S.F. ¶28 (ECF No. 31 at 12); Bonkowski Dep. at 50 (ECF No. 21-2 at 8).) Plaintiffs leave began on December 1, 2010, and ended on January 17, 2011. (Bonkowski Dep. at 50-54 (ECF No. 21 at 8).) During this time, Plaintiff was granted all the leave that he requested. (C.S.F. ¶30 (ECF No. 31 at 12).)3

B. November 6, 2011: Plaintiffs Alleged Misbehavior

On Sunday, November 6, 2011, Plaintiff clocked in at 7:26 a.m. to begin his shift at Oberg. (Bonkowski Dep. at 67 (ECF No. 23-1 at 5).) According to Plaintiffs coworker Jim Berger, Plaintiff went on his lunch break at approximately 11:30 a.m. (Jim Berger’s Deposition (“Berger Dep.”) at 20 (ECF No. 23-22 at 3).) Plaintiff took his lunch break in his truck so that he could call his son. (C.S.F. ¶ 9 (ECF No. 31 at [504]*50417).) Plaintiff moved his truck away from the building and toward the end of the parking lot in order to obtain better reception on his mobile telephone. (Dep. Bonkowski at 69 (ECF 23-1 at 5).) Plaintiff called his son who was stationed in Kuwait as part of his military deployment. (C.S.F. ¶ 9 (ECF No. 31 at 17); Bonkowski Dep. at 92 (ECF No. 23-1 at 8).) The telephone call lasted approximately one minute because Plaintiffs son did not answer the call. (Bonkowski Dep. at 69, 73 (ECF No. 23-1 at 5-6).) Plaintiff remained in his truck for the duration of his twenty-minute lunch break listening to the radio and awaiting a response from his son. (Bonkowski Dep. at 69 (ECF No 23-1 at 5).) At the expiration of his lunch break, Plaintiff returned to work and finished his shift at 3:32 p.m.4 (Bonkowski Dep. at 67 (ECF No. 23-1 at 5).)

During Plaintiffs lunch break, Sheldon Hankey (“Hankey”), lead man of the EDM department at Oberg, noticed that Plaintiff had moved his car from the parking space closest to the door to a space near the end of the lot. (Sheldon Hankey’s Deposition (“Hankey Dep.”) at 14 (ECF No. 23-10 at 5).) Hankey observed Plaintiff through a small window on the back door of Oberg’s facility from a distance of approximately ninety to one hundred feet. (C.S.F. ¶ 11 (ECF No. 31 at 17); Hankey Dep. at 14-15 (ECF No. 23-10 at 5).) Hankey formed the belief that Plaintiff was sleeping after observing him sitting motionless in his truck for a period of three to four minutes. (Dep. Hankey at 16 (ECF No. 23-10 at 5).) Hankey took two photographs within fifteen minutes of what he believed to be Bonkowski sleeping in his car. (Dep. Han-key at 15 (ECF No. 23-10 at 5).) Hankey forwarded these photographs to Oberg’s Director of Manufacturing Operations, Nick Dilick (“Dilick”). (Hankey Dep. at 25 (ECF No. 23-10 at 6).)

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Bluebook (online)
992 F. Supp. 2d 501, 2014 WL 199790, 2014 U.S. Dist. LEXIS 6028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonkowski-v-oberg-industries-inc-pawd-2014.