Brand v. Hancock Manf. Co.

184 F.R.D. 292, 160 L.R.R.M. (BNA) 2826, 1999 U.S. Dist. LEXIS 2167, 1999 WL 116004
CourtDistrict Court, S.D. Ohio
DecidedMarch 3, 1999
DocketNo. 97CV886
StatusPublished

This text of 184 F.R.D. 292 (Brand v. Hancock Manf. Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brand v. Hancock Manf. Co., 184 F.R.D. 292, 160 L.R.R.M. (BNA) 2826, 1999 U.S. Dist. LEXIS 2167, 1999 WL 116004 (S.D. Ohio 1999).

Opinion

ORDER AND OPINION

MARBLEY, District Judge.

This matter is before the Court on Defendants’ Motions for Summary Judgment. Plaintiff Alan J. Brand brings this action alleging breach of collective bargaining agreement by his employer, Defendant Hancock Manufacturing Co., Inc. (“Hancock”), and failure to represent by Defendant United Steelworkers of America (“Union”). For the following reasons Defendants’ Motions for Summary Judgment are hereby GRANTED.

[293]*293I.

Plaintiff was employed by Hancock and was a member of and represented by the Union. In 1995, Plaintiff accumulated an excess number of absences and was terminated. On September 1, 1995, however, Plaintiff and the Union negotiated and executed a “last chance agreement” with Hancock allowing Plaintiff to resume work on a probationary basis. One of the conditions of Plaintiffs probationary employment was that he could not miss the amount of days necessary to classify him as a chronic absentee as defined in the Hancock Absenteeism Policy (“Policy”). According to the Policy, an employee is considered a chronic absentee if he “incurs more than three absences within a rolling six calendar month period____” If during this probationary period Plaintiff were to be classified as a chronic absentee, his probationary employment would be terminated. This condition was to continue for a three year period — from April 2, 1996 through April 2,1999.

Between April 2, 1996 and April 2, 1999, within a rolling six month calendar period, Plaintiff accumulated four absences, classifying him as a chronic absentee. Plaintiffs absenteeism constituted a violation of his probationary employment as set forth in the last chance agreement. A hearing was held on or about January 30, 1997, giving Plaintiff an opportunity to explain his absences and to discuss the possibility of his discharge. Representatives from Hancock and the Union attended the hearing. The following day, Hancock orally informed Plaintiff of his termination. Hancock officially committed Plaintiffs termination to writing on February 3, 1997. As late as March 1, 1997, Plaintiff received notice from the Union that the period to file a grievance in regard to his termination expired on February 24, 1997.1 Subsequently, no grievance or any other action was taken by the Union on behalf of Plaintiff.

Plaintiff filed this Complaint in the Ohio Court of Common Pleas of Jefferson County on July 8, 1997, alleging that Hancock violated the last chance agreement when it terminated his employment. On August 5, 1997, Hancock removed the action to this Court pursuant to 28 U.S.C. §§ 1441 and 1446. On November 10, 1997, Plaintiff filed an Amended Complaint pursuant to Fed.R.Civ.P. 15(a). In the Amended Complaint, Plaintiff names Hancock and the Union as Defendants. Plaintiff maintains that Hancock breached the last chance agreement by terminating his employment and that the Union failed to represent his interests fairly during the hearing and subsequent termination. On, July 27, 1998 and July 31, 1998, respectively, Defendants filed Motions for Summary Judgment.

II.

Fed.R.Civ.P. 56(c) provides that summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The movant has the burden of establishing that there are no genuine issues of material fact, which may be accomplished by demonstrating that the nonmoving party lacks evidence to support an essential element of its case. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Barnhart v. Pickrel, Schaeffer & Ebeling Co., L.P.A., 12 F.3d 1382, 1388-89 (6th Cir.1993). The nonmoving party must then present “significant probative evidence” to show that “there is [more than] some metaphysical doubt as to the material facts.” Moore v. Philip Morris Cos., Inc., 8 F.3d 335, 339-40 (6th Cir.1993). “[S]ummary judgment will not lie if the dispute is about a material fact that is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the non-moving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (summary judgment appropriate when [294]*294the evidence could not lead a trier of fact to find for the non-moving party).

In evaluating such a motion, the evidence must be viewed in the light most favorable to the non-moving party. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The mere existence of a scintilla of evidence in support of the non-moving party’s position will be insufficient; there must be evidence on which the jury could reasonably find for the non-moving party. See Anderson, 477 U.S. at 251, 106 S.Ct. 2505; Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir.1995).

III.

Pursuant to the Labor Management Relations Act, this case is properly classified as a hybrid § 301 action. A hybrid § 301 action presents two constituent claims: (1) a claim of breach of collective bargaining agreement against an employer; and (2) a claim against a union for breach of its duty of fair representation. See DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 164, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983); White v. Anchor Motor Freight, Inc., 899 F.2d 555, 559 (6th Cir.1990). The claims in a hybrid § 301 action are interdependent. See Hines v. Anchor Motor Freight, 424 U.S. 554, 570-71, 96 S.Ct. 1048, 47 L.Ed.2d 231 (1976). Therefore, “to prevail against either the company or the union, [the employee] must not only show that their discharge was contrary to the [collective bargaining] contract but must also carry the burden of demonstrating breach of duty by the union.” Id.; Perry v. Million Air, 943 F.2d 616, 619 (6th Cir.1991). Unless a plaintiff demonstrates both violations, he cannot succeed against either party. See Bagsby v. Lewis Bros. Inc. of Tennessee,

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184 F.R.D. 292, 160 L.R.R.M. (BNA) 2826, 1999 U.S. Dist. LEXIS 2167, 1999 WL 116004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brand-v-hancock-manf-co-ohsd-1999.