Davis v. Teamsters Local Union No. 783

837 F. Supp. 2d 646, 2011 WL 3040912, 2011 U.S. Dist. LEXIS 80986
CourtDistrict Court, W.D. Kentucky
DecidedJuly 25, 2011
DocketCivil Action No. 3:10-CV-347-H
StatusPublished

This text of 837 F. Supp. 2d 646 (Davis v. Teamsters Local Union No. 783) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Teamsters Local Union No. 783, 837 F. Supp. 2d 646, 2011 WL 3040912, 2011 U.S. Dist. LEXIS 80986 (W.D. Ky. 2011).

Opinion

MEMORANDUM OPINION

JOHN G. HEYBURN, II, District Judge.

Plaintiffs1 bring employment discrimination claims and claims under the Labor [649]*649Management Relations Act against their current employer, Kellogg’s Snacks (“Kellogg’s”), and their union, Teamsters Local Union No. 783 (“the Union”). Defendants have both moved for summary judgment on all claims.

The primary difficulty with Plaintiffs’ claims is that the evidence entirely suggests that Kellogg’s sought to follow its collective bargaining agreement when eliminating two production lines and the commensurate number of employees. This establishes a legitimate business reason for its employment decisions as to these employees. Moreover, subsequent to the alleged discriminatory acts, Kellogg’s has recalled two of the Plaintiffs to employment and one Plaintiff has successfully bid back into employment under the terms of that same collective bargaining agreement. After thoroughly reviewing all submissions, the Court will sustain Defendants’ motions.

I.

Plaintiffs all work in Kellogg’s Louisville facility where the primary product manufactured is Girl Scout Cookies. Because of the seasonal nature of production, Kellogg’s lays off some employees from March to June or July each year. Employees may volunteer for these seasonal layoffs, and any additional layoffs required are determined by plant-wide seniority based on Article 12.4 of the Collective Bargaining Agreement (“CBA”). All Plaintiffs have been subject to seasonal layoffs during their employment with Kellogg’s, and none have ever challenged Kellogg’s application of Article 12.4 to selection of employees for seasonal layoff. Recall proceeds by seniority, regardless of whether an individual volunteered for the seasonal layoff.

In 2009, Kellogg’s determined that it must cut two of the production lines, thereby eliminating approximately 120 jobs. Article 12.5 of the CBA governs bumping and displacement of employees, but does not mention severance or termination of an employee upon displacement. Therefore, Kellogg’s turned to the extended layoff provision, Article 12.4 of the CBA. To apply these Articles to the job elimination process, Kellogg’s consulted with the Union before and during implementation of a two phase job elimination process.

Initially, Kellogg’s requested each employee complete an Employee Relations Memorandum listing qualifications of bid jobs actually held, with the corresponding years each position was held. Plaintiffs claim the purpose of these forms was never explained to them. Kellogg’s and Union stewards cross-referenced those forms with Kellogg’s records to confirm qualifications and determine an individual’s seniority in relation to other qualified employees. The Union discussed any discrepancies between records with the employee. The Union negotiated with Kellogg’s to allow laid off employees to bid on any job openings during layoff according to seniority; these employees would be trained for the jobs on which they successfully bid. Moreover, employees on extended layoff could be recalled for up to three years.

Each Plaintiff was placed on extended layoff in 2009. Shortly afterwards, the Union held a meeting which at least some Plaintiffs attended. Chuck Probus, the Union’s business agent spoke with the attendees and determined the underlying concerns were the same. The crux of the laid-off employees’ complaints against Kellogg’s is that other less senior employees were retained during the layoff, even though Plaintiffs were qualified for remaining positions. Therefore, Probus determined that Plaintiff Young should file her already prepared grievance, with others (including other Plaintiffs) as signatories to that grievance. The grievance [650]*650procedure was fully exhausted, Kellogg’s denied the grievance first. Then the Joint Area Committee did the same.

Plaintiffs contend that the Union failed to adequately represent them in part because their concerns were not individually grieved. In fact, they claim that they were told by Union business agent Chuck Probus that Kellogg’s would only accept one grievance. Plaintiffs also claim that they were discriminated against based on race, sex, and/or disability. Before the layoffs in 2009, Kellogg’s employees at the Louisville facility were 63% female and 37% male, and 55% identified as African American while 44% identified as Caucasian. After the 2009 layoffs, 64% of the remaining employees were female, 48% were African American and 51 % Caucasian. Kellogg’s reports that “[t]he majority of the most senior (earliest hired) employees are Caucasian.” Def. Kellogg’s Mot. Summ. J. 9. The Court will briefly address each Plaintiffs claims and circumstances.

II.

Only three Plaintiffs remain, Antoinette Young, LaMonique Hickman-Johnson, and Spencer Ralston. Young is an African American woman who began her work as a packer with Kellogg’s in 1998. She had filled in for other positions, such as CECO and wrapper jobs, and claims she should have been retained in one of these positions during the layoff. She had never bid on nor trained for any other position besides packer. Her grievance, joined by others, was filed and pursued through exhaustion of her remedies. Along with the Union’s Probus, she represented herself at a grievance meeting, at an Executive Board meeting, and before the Joint Area Committee. Young filed claims with the EEOC and the National Labor Relations Board (“NLRB”) claiming sex and age discrimination and breach of the duty of fair representation. She now claims she was the victim of racial and gender discrimination. Young did not bid on any jobs during the layoff. In June 2010, Kellogg’s recalled Young to employment pursuant to the seniority and qualification provisions of the CBA.

Hickman-Johnson is an African American woman who began work at Kellogg’s in 1997. In 2009, she was working as a packer. In 2003, she bid on a position as a wire cutter and worked as such for several weeks. However, she chose not to continue the training and trial period and returned to her position as packer, which she has held ever since. She did not list this position on her Employee Relations Memoranda. Hickman-Johnson has filled in for other positions, but has never bid on nor received the training on these other positions. She was a party to Young’s grievance, but feels she should have been allowed an independent grievance because of her experience as a wire cutter. At one point, Hickman-Johnson wrote her own grievance, but was told she was too late to file her own grievance. She did file an EEOC charge against Kellogg’s, but not against the Union, based on sex, not race. She now claims she was the victim of racial and gender discrimination by both the Union and Kellogg’s. Specifically, Hickman-Johnson feels she should have been retained as a wire cutter and those kept in that position were predominantly male. In June 2010, Kellogg’s recalled Hickman-Johnson to employment pursuant to the seniority and qualification provisions of the CBA.

Ralston is an African American male who began work at Kellogg’s in 1995. He worked as a forklift operator in the shipping department. He claims that he should have been retained to work in certain jobs in the Packing Utility Department. Ralston has temporarily filled or worked sev[651]*651eral positions since he was hired.2 Since he last worked in any of these positions, the job duties have changed and Kellogg’s has instituted required training.

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Bluebook (online)
837 F. Supp. 2d 646, 2011 WL 3040912, 2011 U.S. Dist. LEXIS 80986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-teamsters-local-union-no-783-kywd-2011.