Fletcher v. St. Paul Pioneer Press

589 N.W.2d 96, 1999 Minn. LEXIS 101, 1999 WL 93077
CourtSupreme Court of Minnesota
DecidedFebruary 25, 1999
DocketC3-97-1765
StatusPublished
Cited by134 cases

This text of 589 N.W.2d 96 (Fletcher v. St. Paul Pioneer Press) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fletcher v. St. Paul Pioneer Press, 589 N.W.2d 96, 1999 Minn. LEXIS 101, 1999 WL 93077 (Mich. 1999).

Opinions

OPINION

GILBERT, J.

This case arises out of an employment discrimination claim under the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363.03, subd. 7 (1998). Following a bench trial, the trial court entered judgment in favor of the appellant, St. Paul Pioneer Press (Pioneer Press), finding that the Pioneer Press had not intentionally discriminated against the respondent, Rundell Fletcher. Fletcher appealed to the court of appeals, which disagreed with the trial court’s findings and conclusions, and reversed. We conclude that the trial court’s findings were not clearly erroneous and support the trial court’s conclusions, and therefore reverse and remand for reinstatement of the trial court’s judgment.

The facts giving rise to this lawsuit are largely undisputed. The Pioneer Press hired Fletcher as a journeyman pressman in January of 1988. During the hiring process, Fletcher falsified his application and submitted a false resume. Fletcher, in fact, was not qualified to work as a journeyman pressman, a union position. Upon learning that Fletcher was not a qualified journeyman pressman, the Pioneer Press demoted Fletcher to the position of apprentice, yet continued to compensate Fletcher at the full rate of a journeyman.

In-1990, Fletcher, still an apprentice, was laid off pursuant to the Pioneer Press’ collective bargaining agreement. During this layoff, Fletcher became eligible for employment as a journeyman pressman. The Pioneer Press rehired Fletcher as a journeyman in January of 1991, at which time he began accruing seniority. In March of 1991, Fletcher was again laid off in accordance with the Pioneer Press’ collective bargaining agreement. One year later, in March of 1992, Fletcher’s right to be rehired into a journeyman position by the Pioneer Press pursuant to the collective bargaining agreement expired.

The collective bargaining agreement under which the journeymen were employed required the Pioneer Press to employ a minimum of 38 journeymen. In June of 1992, the Pioneer Press employed 38 journeymen and had no openings for additional journeymen. However, in June of 1992, the Pioneer Press created a press wiper position in the press-room. This position paid approximately $8 per hour, in comparison with the $22 per hour earned by journeymen. In hopes that he might be considered for the next journeyman position, Fletcher, still unemployed following his lay-off from the Pioneer Press in March of 1991, applied for and accepted the position of press wiper. He was never promised the next journeyman position, but it was widely known that he anticipated being promoted into a journeyman position the next time an opening occurred. The Pioneer Press was under no obligation to either create a position for Fletcher or to hire him for any newly created or newly opened positions.

During Fletcher’s employment as a press wiper, Art Miller was the assistant manager of the Pioneer Press’ pressroom, and as such was responsible for supervising all pressroom employees, including the press wiper. Miller was a 25-year employee of the Pioneer Press who had been an assistant manager for approximately 10 years.

On the morning of August 20,1992, Fletcher was working as a press wiper and was under Miller’s supervision. During the shift, Fletcher was talking with two machinists regarding a problem with one of the presses. During this discussion, Miller approached the group and told Fletcher to get back to work. Miller then asked Fletcher whether Fletcher [99]*99would be at work the following day. Although Fletcher testified at trial that he calmly told Miller that he was not sure and proceeded to walk away, other witnesses testified that Fletcher responded with anger, swearing at Miller and refusing to answer Miller’s question. Fletcher himself had earlier told Pioneer Press’ Employee Relations personnel that he and Miller had been in ⅜ “heated” argument and were “in each other’s faces.” In any event, following the verbal exchange Fletcher began to walk away. Miller then said something to the effect that Fletcher had better come to work the following day or he would be fired. In a lower voice, Miller then referred to Fletcher, an African-American, as a “dumb f* * *ing n* * * *r.” At trial, it was undisputed that Miller had no authority to fire Fletcher.

The two machinists with whom Fletcher had been speaking were standing approximately 2 to 4 feet from Miller and both heard Miller make the comment. Fletcher was 10 to 30 feet from Miller when the comment was made and was not sure of what he heard Miller say until a few minutes after the incident, when the machinists confirmed Fletcher’s suspicions that Miller had used a racial epithet in reference to him.

Following his shift, Fletcher went to the Pioneer Press’ Employee Relations office to file a complaint against Miller. Fletcher spoke to a manager and related .the above events to her. Employee Relations personnel immediately began investigating Fletcher’s complaint. Both machinists gave statements regarding their perceptions of the incident between Miller and Fletcher, and both confirmed that Miller had used the racial epithet in reference to Fletcher. That evening, the Vice-President of Operations, Larry Barr, telephoned Miller at home regarding the allegations. Miller denied using the racial epithet. After the conversation with Barr, Miller telephoned one of the machinists, who confirmed that Miller had indeed used the offensive term. Miller, believing that the machinist was honest and had no reason to lie, then telephoned Barr and told Barr that he must have used the term in question. Barr immediately suspended Miller and instructed him not to contact Fletcher.

Miller testified at trial that Barr’s instruction was the sole reason he did not immediately apologize to Fletcher. Miller further testified that his intention in telephoning the machinist was not to see whether the machinist would lie for him, but only to discover whether he had in fact called Fletcher the offensive name. At trial, Miller did not deny making the statement, but testified that he did not intend anyone to hear him.

The Pioneer Press’ investigation included a personnel background check of Miller. Miller’s personnel file and interviews conducted with his supervisors indicated that the incident with Fletcher was the sole incident or complaint of racial discrimination or racially motivated conduct on his part. The background check revealed that Miller had other interpersonal problems, such as being abrasive, but there was no indication that these problems stemmed from race. Instead, it was undisputed that Miller was harsh with all employees, regardless of race.

As a result of the incident with Fletcher, Miller was suspended for three weeks, two of which were without pay. The Pioneer Press considered placing Miller into a position unrelated to journeyman pressman duties, but decided that requiring Miller to learn an entirely new trade was not an appropriate resolution. The Pioneer Press instead demoted Miller from his supervisory position, which he had held for approximately 10 years, into a newly created 39th journeyman position. Because the 39th journeyman position was in excess of the number of positions required by the collective bargaining agreement, Miller was subject to layoffs. Further consequences of this demotion included a decrease in pay of approximately $10,000 per year, loss of 401(k) company match and withdrawal benefits, reduced pension, and loss of all seniority.

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Cite This Page — Counsel Stack

Bluebook (online)
589 N.W.2d 96, 1999 Minn. LEXIS 101, 1999 WL 93077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-st-paul-pioneer-press-minn-1999.