Brooks v. Bellsouth Telecommunications, Inc.

164 F.R.D. 561, 1995 U.S. Dist. LEXIS 16181, 1995 WL 728121
CourtDistrict Court, N.D. Alabama
DecidedSeptember 29, 1995
DocketNo. CV 94-B-1008-S
StatusPublished
Cited by50 cases

This text of 164 F.R.D. 561 (Brooks v. Bellsouth Telecommunications, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. Bellsouth Telecommunications, Inc., 164 F.R.D. 561, 1995 U.S. Dist. LEXIS 16181, 1995 WL 728121 (N.D. Ala. 1995).

Opinion

MEMORANDUM OPINION

BLACKBURN, District Judge.

Currently before the court is the motion of the plaintiff, Lennard A. Brooks, for conditional class certification, for an order directing court authorized notice of this action be sent to prospective members of the forming class, and for an order directing defendant to provide the names and addresses of prospective class members. Upon consideration of the record, the submissions of the parties, the relevant law, and the argument of counsel, it is the court’s opinion that the motion is due to be denied.

Plaintiffs Allegations

This lawsuit arises out of plaintiffs termination from his employment with defendant, BellSouth Telecommunications, Inc., (“BST”), on July 23, 1993. As a result of his termination, plaintiff timely filed a charge of discrimination under the Age Discrimination in Employment Act of 1967, (“ADEA”), with the Equal Employment Opportunity Commission, (“EEOC”), on January 10, 1994. (Pl.Ex. A). Defendant filed a response with the EEOC on approximately March 8, 1994. (Pl.Ex. B at 3). In its response, defendant stated that plaintiff was terminated for failure to follow established procurement procedures and for gross mismanagement of company funds. Id. at 3. The EEOC issued a Notice of Right to Sue letter to plaintiff on April 7,1994. (Pl.Ex. C at 1).

On June 24,1994, plaintiff filed the instant complaint. In his complaint plaintiff alleges discrimination on the basis of age with regard to his own termination1 and seeks to bring an action on behalf of other similarly situated plaintiffs. On August 31, 1994, the court entered an order directing that all discovery with regard to the class action allegations should be completed by November 30, 1994.

Plaintiff filed his motion for conditional class certification on January 19, 1995. He [564]*564moves the court to enter an order provisionally certifying a class consisting of:

All former management employees of any unit, division or subsidiary of BellSouth Telecommunication, Inc. or BellSouth Corporation who have been terminated or required to retire from employment in the period July 14, 1993 through September 1, 1994, who were forty (40) years of age or older at the time of their termination or retirement, and who contend that such termination or retirement was caused by age discrimination policies or practices of Bell-South Telecommunication, Inc. or Bell-South Corporation.

Plaintiff claims that documentary and statistical evidence indicates an “overarching” policy by BST of eliminating older employees. Plaintiff contends that defendant formulated and implemented a five-year operations plan which contained a policy of intentionally offering illegal early retirement incentives. (Complaint, ¶ 144 at 30-33). Plaintiff asserts: “In furtherance of their pattern and practice of intentional age discrimination, defendants encouraged early retirement through the use of IMAP,2 VSIPP,3 VEER4 and CTAP5 designed to reduce the number of BSC employees within the aging management force____ The various early retirement plans which were offered by [d]efendant[ ] to [its] employees combined with a pattern and practice of subtle and explicit threats which, among other things, consisted of announcements that: (I) Jobs were being eliminated; (ii) Pay-grades were being eliminated; (iii) Departments and/or divisions were being eliminated; (iv) Jobs were being relocated to other, less desirable locales; and (v) Certain employees were designated as — ‘Surplus’ or ‘Available for Reassignment----’” (Complaint, ¶ 144(f)-(g) at 32-33). Plaintiff did not accept either of the retirement plans offered to him, the V.E.E.R. ’91 and the CTAP. He contends that as a result of rejecting defendant’s early retirement offers, he was otherwise terminated as were other employees of defendant.

Plaintiff contends that three documents, when considered together, indicate an overall policy and pattern of age discrimination. The first document is an outline of discussion topics for a meeting attended by representatives of the defendant in July of 1984. (PI. Ex. J). Plaintiff highlights the following six topics contained in the document: (1) WORK FORCE — Mature—Move Out, (Pl.Ex. J at 6); (2) REWARD SYSTEMS — Makeup of Force is Different Now (Mature, ...), (PL Ex. J at 8); (3) TECHNOLOGY “Outdated” Employees (Pl.Ex. J at 9); (4) WEAKNESSES — Aging Work Force (Pl.Ex. J at 15); (5) ENVIRONMENTAL IMPACTS — Work Force age (Pl.Ex. J at 3); (6) TARGETS, BENCHMARKS, CORNERSTONE STATEMENTS — Organizational Management that Motivates its Employees — Hire, Train, Management ... to Produce Cost Effective Network, (Pl.Ex. J at 11).

The second document is a 1991 article in The Bama News which plaintiff alleges is one of defendant’s employee newspapers, and in which the following statements were made:

However, an older work force may be less willing to adapt to changes or take the kinds of risks necessary for rapid financial growth. In addition, many baby boom-aged workers will find themselves “stuck” at the middle-manager level, competing with other members of their generation for scarce promotions.

(Pl.Ex. E at 2).

The third document is a report plaintiff asserts was prepared by Hewlett Packard for defendants in August of 1994. The report was apparently prepared to identify problems within BellSouth and offer solutions. One problem was identified as “Old mind set/unknown future; Theme: Culture Adverse to Risk Taking.” One “solution” proposed by Hewlett Packard was “shoot everyone over 45.” (Pl.Ex. F).

[565]*565Plaintiff also submitted the affidavit of Furman Wallace, a former employee of defendant.6 (Pl.Ex. I at 1). Mr. Wallace states in his affidavit that beginning in the mid-' 1980’s, South Central Bell, BellSouth Telecommunications’ predecessor, began strategic planning for. the future. Mr. Wallace states that in 1984 South Central Bell held a meeting in Birmingham at which time the “ ‘aging work force’ ” was discussed and constantly referred to as a weakness. Mr. Wallace stated that he was a member of a committee organized to prepare minutes of the Birmingham meeting for distribution to all attendees of the meeting and managers at the pay grade six level and above in the five- • state South Central Bell area. Further, Mr. Wallace states that

[bjeginning with the meeting held in Birmingham in 1984 and continuing through [his] retirement in 1990, defendants have engaged in a pattern and practice of wilful [sic] and intentional age discrimination through the use of a “carrot and stick” artifice, designed to reduce the number of employees within the perceived aging management force. The “carrots” were the early retirement programs; the “sticks” were the announced reductions in force and the implicit threats of involuntary termination.

(Exhibit I, ¶ 8 at 3).

Plaintiff also asserts that statistical evidence supports his theory of “overarching” discrimination. Plaintiff references Pl.Ex. G which is a summary of all employees who either elected early retirement under one of two plans, CTAP-V and CTAP-I, or who were terminated during a one hundred eighty day period preceding January 11, 1994.

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Bluebook (online)
164 F.R.D. 561, 1995 U.S. Dist. LEXIS 16181, 1995 WL 728121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-bellsouth-telecommunications-inc-alnd-1995.