Brandon v. Cook Paint & Varnish Co.

562 F. Supp. 1244, 31 Fair Empl. Prac. Cas. (BNA) 1598, 1983 U.S. Dist. LEXIS 17378
CourtDistrict Court, W.D. Missouri
DecidedApril 27, 1983
DocketNo. 82-0591-CV-W-1
StatusPublished
Cited by1 cases

This text of 562 F. Supp. 1244 (Brandon v. Cook Paint & Varnish Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brandon v. Cook Paint & Varnish Co., 562 F. Supp. 1244, 31 Fair Empl. Prac. Cas. (BNA) 1598, 1983 U.S. Dist. LEXIS 17378 (W.D. Mo. 1983).

Opinion

MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW

JOHN W. OLIVER, Senior District Judge.

I.

This Title VII case was tried April 4 and 5, 1983. On April 1, 1983, in accordance with the usual pretrial orders of this Court, each of the parties filed their respective proposed findings of fact and proposed conclusions of law. Counsel were afforded an opportunity to file amended proposed findings and proposed conclusions after trial. On April 6, 1983, plaintiff filed her amended proposed findings of fact. On the same day, defendant submitted a copy of its April 1, 1983 proposed findings of fact, appropriately marked in a manner which reflected the fact that defendant wished to withdraw a substantial number of the findings which defendant originally proposed in its April 1, 1983 filing.

Counsels’ exemplary compliance with other pretrial directions made in regard to the execution of a stipulation of facts and those made in connection with findings of fact proposed by opposing counsel substantially increased the area of the undisputed factual circumstances of this case. In accordance with the Court’s direction, counsel for plaintiff marked a copy of the findings proposed by defendant in a manner which clearly indicated which paragraphs of defendant’s proposed findings were admitted, in whole or in part. Counsel for defendant, in a similar manner, marked a copy of the amended findings proposed by plaintiff.

The Court is thus able to state in the next part of this memorandum opinion a substantial number of undisputed findings of fact which the parties either stipulated to be true or which the parties have expressly admitted to be true under the procedure above outlined.

II.

A.

The parties stipulated that the following facts were admitted and required no proof in the stipulation filed April 1, 1983:

1. Plaintiff is a female, adult citizen of the United States and was a resident of the State of Missouri at the time of the alleged discriminatory acts and at the time her complaint was filed.

2. The. Company is a corporation doing business within the Western District of Missouri at 919 East 14th Avenue, North Kansas City, Missouri 64116, and is an employer within the meaning of 42 U.S.C. § 2000e, et seq.

3. Plaintiff was employed by Federal Mogul Corporation from September 22, 1966 to January 31, 1974.

4. Plaintiff was a Secretary and General Clerk I while employed at Federal Mogul Corporation.

5. During her employment with Federal Mogul Corporation, plaintiff performed various duties, including the maintenance of personnel and benefit records, payroll preparation and other general office procedures.

6. Charles Saunders-White, a Lawrence Leiter consultant, was first hired by the Company in 1974 to establish a policy and procedural manual for position evaluation, salary administration and performance appraisal.

7. Plaintiff was employed by the Company from June 28, 1976 to May 5, 1980.

8. From June 26, 1976 to December 11, 1977, plaintiff was a Specialist Clerk in the Insurance Department.

9. In 1976, Mr. Saunders-White studied the Company’s entire organization and developed an organization plan, which was accepted by the Company in January, 1977.

10. Mr. Saunders-White also reviewed the Personnel and Industrial Relations Division from March to May, 1978.

[1246]*124611. Mr. Saunders-White’s review resulted in a written audit report dated May, 1978.

12. Mr. Saunders-White developed a priority listing for his recommendations submitted in the audit report.

13. Mr. Saunders-White worked for the Company on numerous other occasions during the period of plaintiff’s employment with the Company.

14. John Gotham was hired by the Company as Industrial Relations Manager on February 5, 1979.

15. Mr. Gotham authored a report entitled “Proposal and Recommendations for the Personnel and Industrial Relations Division” dated June, 1979.

16. Plaintiff made various requests for salary increases from December 12, 1977 to May 5, 1980.

17. Plaintiff received increases in salary which are as follows:

December 12,1977 $ 775 per month
January 16,1978 $ 876 per month
July 3,1978 $ 946 per month
July 3,1979 $1,000 per month

18. The employment of Mr. Joseph Simunac, Division Director of the Personnel and Industrial Relations Division, was terminated on July 6, 1979.

19. On July 9, 1979, John Gotham became Division Director of the Personnel and Industrial Relations Division and also became plaintiff’s immediate supervisor, in which capacity he remained until January 2, 1980.

20. Plaintiff received a written evaluation from Mr. Gotham dated October 23, 1979.

21. The Company advertised for a Human Resources professional in the Kansas City Star on Saturday, November 11, 1979.

22. Mr. Gotham selected Mr. Rodney Newberry, a male, to become Manager— Compensation and Benefits.

23. Rodney Newberry was employed by the Company effective January 1, 1980.

24. On Wednesday, January 2,1980, Mr. Newberry became plaintiff’s immediate supervisor.

25. Mr. Newberry’s salary was higher than the salary paid plaintiff.

26. The Company paid PMA membership dues for Debra Purviance and Rodney Newberry for 1980.

27. The Company did not pay plaintiff’s PMA membership dues for the year 1980.

28. On Thursday, January 10, 1980, plaintiff began a medical leave of absence, which continued until May 5, 1980.

29. John Gotham made telephone calls to plaintiff while she was on medical leave from January 10, 1980 to May 5, 1980.

30. On April 30,1980, plaintiff informed Mr. Newberry that she would be returning to work on May 5, 1980.

31. Plaintiff no longer worked for the Company after May 5, 1980.

32. Plaintiff filed a charge of employment discrimination with the Equal Employment Opportunity Commission on July 23, 1980.

33. Plaintiff filed her Complaint against the Company on July 22, 1982.

B.

Both parties proposed a substantial number of findings which were based on particular paragraphs of the stipulated facts set forth above. Those proposed findings were, of course, admitted by opposing counsel. In addition, both parties proposed additional findings which were not based on the stipulation but which opposing counsel marked as “admitted” in accordance with the procedures described above.

Defendant’s admissions of 39 findings proposed by plaintiff in plaintiff’s April 1, 1983 filing as amended by plaintiff’s April 6, 1983 filing, were, however, for the most part confined to plaintiff’s proposed findings that were based on a particular paragraph of the stipulation. Defendant proposed 260 findings of fact in its April 1, 1983 filing. Defendant, proceeding in accordance with post-trial directions, with[1247]*1247drew well over 100 of its proposed findings.

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Related

Poindexter v. Kansas City
573 F. Supp. 647 (W.D. Missouri, 1983)

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Bluebook (online)
562 F. Supp. 1244, 31 Fair Empl. Prac. Cas. (BNA) 1598, 1983 U.S. Dist. LEXIS 17378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brandon-v-cook-paint-varnish-co-mowd-1983.