Conti v. Universal Enterprises, Inc.

50 F. App'x 690
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 20, 2002
DocketNo. 00-4538
StatusPublished
Cited by32 cases

This text of 50 F. App'x 690 (Conti v. Universal Enterprises, Inc.) 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
Conti v. Universal Enterprises, Inc., 50 F. App'x 690 (6th Cir. 2002).

Opinion

OPINION

PER CURIAM.

Plaintiff-Appellant Leslie Conti appeals the district court’s grant of summary judgment to Defendants-Appellees Universal Enterprises, Inc. (“Enterprises”) and its purported successor-in-interest, Universal Tubular Systems, Inc. (“Tubular”). Conti brought claims of gender-based wage discrimination against Enterprises and Tubular under the Equal Pay Act, 29 U.S.C. § 206(d), and under Title VII, 42 U.S.C. § 2000e-2(a). Conti also claimed that she [693]*693was discharged in retaliation for filing a complaint with the Equal Employment Opportunity Commission (EEOC) in violation of public policy. Conti proceeded against Tubular under a theory of successor liability pursuant to Ohio Revised Code § 1701.82.

The district court concluded that: „(1) plaintiff had failed to establish a prima facie case under both the Equal Pay Act and Title VII; (2) even if plaintiff had established a prima facie case, the undisputed evidence supported the conclusion that any differentials in the salaries paid to Conti and to male employees holding comparable positions were based on factors other than sex; (3) there was no evidence in the record to support Conti’s claim of retaliation against either Enterprises or Tubular; (4) neither Ohio law nor the facts supported Conti’s claim of successor liability against Tubular, and even if Tubular were a successor-in-interest, Conti had no claim against Tubular in light of the grant of summary judgment in Enterprises’ favor on Conti’s substantive claims; and (5) Enterprises’ motion to strike attachments filed with Conti’s objections to the magistrate judge’s Report and Recommendation was well-taken.

I. FACTS AND PROCEDURE

At all relevant times, Enterprises was a closed, family-owned company of approximately 500 employees. The company manufactured computer, heating, ventilating and air conditioning equipment. Enterprises did not have a formal system for determining employee wages. Rather, according to Enterprises founder and president Ralph Ridenour, the company paid Conti and other employees “a fair and just salary” based upon their contribution to the company, the amount the company could afford to pay, and how much individuals in similar positions at other companies of a comparable size were earning. Conti began her employment with Enterprises in 1984. From the date of her hire until the summer of 1995, Conti held the position of benefits administrator. Conti described her chief job responsibilities as administering the medical, dental, vision, short-term disability, 401(k), and other benefit plans for Enterprises’ employees. Conti averred that she also developed software programs for the administration of benefits, wrote and implemented policies related to those benefits, negotiated proposals and signed contracts relating to benefits offered by defendant, and authorized the payment of claims. Conti had no supervisory responsibilities over other employees.

While employed as benefits administrator, Conti received sporadic pay increases. In February of 1995, she requested a substantial increase in her annual salary of less than $25,000 to $40,000. Conti told her supervisor and company vice-president, Linda Ritchie, that she wanted a fair and competitive salary for her work. Con-ti informed Ritchie that her research showed that persons in her position earned over $40,000 in 1992. Ritchie responded that she could not make a decision on Conti’s request for a raise on her own and she would need to discuss it with Ridenour. According to plaintiff, Ridenour contacted Conti and told her that he needed to think about her request and that he would either meet her salary demand or ask for her resignation. A few days later, Ridenour told Conti that he could not afford to pay the salary she had requested for her position and that he would accept her resignation, although Conti denies that she had offered her resignation. Conti avers that she informed Ridenour that she would not submit her resignation until she had another suitable position. The two eventually agreed that Conti would stay on as benefits administrator until she had trained a replacement.

[694]*694Conti’s replacement was Angela Felter, a twenty-one year old woman with two years of college education. At the time she was selected for the benefits administrator position, Ms. Felter had been working on a line in the plant and earning $6.75 an hour. Upon her transfer to the benefits administrator position, Ms. Felter continued at that rate of pay but was converted from an hourly to a salaried employee. Ms. Felter testified at her deposition that as benefits administrator, she performed the same claims processing duties as plaintiff had performed.

Conti trained Ms. Felter for a period of three months. At the end of the training period, Enterprises offered Conti the position of tool room coordinator, a new position which Ridenour had created for Conti based on her data entry skills and which paid the same salary as benefits administrator. Ridenour viewed Conti’s position as temporary and believed Conti would leave after she had found another job elsewhere. In fact, Conti held the position of tool room coordinator for two years. During that period, she received a pay raise of $1.00 per hour.

The company’s written description of the tool room coordinator position identifies the coordinator’s primary responsibility as “maintaining accurate inventories of parts, materials, tooling, etc.” in a variety of manufacturing areas. According to the job description, a “major thrust” of the job would be in the area of “project management”. The tool room coordinator would be responsible for “scheduling, tracking, and costing projects within the Tool Room and other areas as assigned.” The coordinator, working in conjunction with the tool room supervisor and the vice-president of manufacturing, would also determine priorities and see that projects were assigned to tool room personnel. Other responsibilities listed included charting and progress reporting for individual projects and department-wide project scheduling. Conti testified that she also collected data and set up the software programs to administer the job.

On April 4, 1997, Enterprises sold its manufacturing division to Tubular, a newly-formed subsidiary of Burner Systems International, Inc. Tubular retained all but a handful of the approximately 800 Enterprises employees in that division. Plaintiff was one of the five employees who was not retained. Two days before the sale, Ridenour informed Conti that she was being terminated because the new company did not intend to maintain the tool room coordinator position.

In July of 1996, prior to her discharge, Conti had filed a complaint with the Ohio Civil Rights Commission and the EEOC, alleging that Enterprises discriminated against her in terms of her compensation based on her sex. Following her dismissal, Conti filed this suit against Enterprises and Tubular in the United States District Court for the Northern District of Ohio.

Magistrate Judge David S. Perelman issued a Report and Recommendation on motions for summary judgment filed by both defendants. The magistrate judge found that although the parties disputed whether the positions held by plaintiff were properly considered clerical or managerial, that issue was not controlling.

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50 F. App'x 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conti-v-universal-enterprises-inc-ca6-2002.