Gibson v. Mohawk Rubber Co.

521 F. Supp. 1285, 26 Fair Empl. Prac. Cas. (BNA) 1263, 1981 U.S. Dist. LEXIS 14526, 28 Empl. Prac. Dec. (CCH) 32,651
CourtDistrict Court, E.D. Arkansas
DecidedSeptember 2, 1981
DocketNo. H-C-78-28
StatusPublished
Cited by2 cases

This text of 521 F. Supp. 1285 (Gibson v. Mohawk Rubber Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibson v. Mohawk Rubber Co., 521 F. Supp. 1285, 26 Fair Empl. Prac. Cas. (BNA) 1263, 1981 U.S. Dist. LEXIS 14526, 28 Empl. Prac. Dec. (CCH) 32,651 (E.D. Ark. 1981).

Opinion

MEMORANDUM OPINION

OREN HARRIS, Senior District Judge.

This cause was tried before a jury in Helena, Arkansas, June 8 through 12, 1981. After instructions by the Court, the jury answered special interrogatories, as follows:

1. We the jury find from a preponderance of the evidence that the age of Plaintiff was a determining factor in his discharge.
2. We the jury find from a preponderance of the evidence that Plaintiff sustained damages in the amount of $97,-188.37 as a result of his unlawful discharge.
3. We the jury find from a preponderance of the evidence that Defendant was guilty of a willful violation of the Age Discrimination in Employment Act.

The Court had previously instructed the jury that its consideration was limited to certain legal remedies, whereas the Court would retain jurisdiction to resolve certain equitable issues.1 Cleverly v. Western Electric, 594 F.2d 638, 18 FEP Cases 1335 (8th Cir., 1979).

On July 7, 1981 a precedent for jury verdict was entered providing for a judgment for Plaintiff in the amount of $97,-188.37, as well as a judgment for an equal amount of liquidated damages.

At the conclusion of the proceedings on June 12, 1981, the Court directed counsel for the Plaintiff and the Defendant to be prepared to proceed before the Court in Little Rock, Arkansas on August 10, 1981 with respect to the equitable issues and attorneys’ fee question. Subsequent correspondence between the Court and counsel confirmed said date and the issues to be proceeded upon were defined.

At the August 10,1981 hearing the Court specified that the issues to be heard would be whether or not Plaintiff was eligible for reinstatement; what, if any, additional pension compensation plaintiff should receive; whether any other equitable relief was available to Plaintiff; and, what attorneys’ fees, if any, counsel for the Plaintiff should be awarded.

The Plaintiff chose to put on no testimony with respect to the question of reinstatement; whereas the Defendant recalled James M. Kitchin, Corporate Director of Personnel and Industrial Relations. With respect to the question of pension availability, Plaintiff called Peter Hanson, an actuary, and Defendant rebutted Mr. Hanson’s testimony with testimony from Richard Barney, an actuary. During the course of the proceedings, counsel for Plaintiff and counsel for Defendant met and resolved the appropriate attorneys’ fees and costs to be awarded to counsel for the prevailing Plaintiff.

At the conclusion of the equitable relief portion of these proceedings, counsel for the Plaintiff requested a determination by the Court with respect to the propriety of prejudgment interest for Plaintiff. The Court [1287]*1287requested, and the parties have submitted, Memoranda of Law in support of their conflicting opinions on the propriety of such relief.

Based on the proceedings, the Court herein enters its Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

Plaintiff, Richard L. Gibson, who was born February 9, 1924, was employed by Defendant, Mohawk Rubber Company on several different occasions. Most recently, he was continuously employed by the Company from July 15, 1963 until his termination on March 23, 1978. At the time of his termination, Gibson was the General Manager of Mohawk’s West Helena, Arkansas tire-producing facility. At the time of Gibson’s termination, Mohawk also operated tire-producing facilities in Akron, Ohio and Salem, Virginia, as well as non-tire-producing facility in several other locations in the United States.

The jury found that Mr. Gibson’s age was a determining factor in the Company’s 1978 termination of Gibson. Upon termination, the Company paid Gibson his full salary and benefits, including contributions to the salaried pension plan, through August, 1978. Furthermore, the Company carried Gibson on its payroll on a leave of absence until February, 1979 when Gibson reached age fifty-five. In July, 1978, while still on the Company payroll, Gibson reached fifteen years continuous service with the Company. Under the provisions of the Company’s salaried pension plan, Gibson became 100 percent vested. Also, upon obtaining age 55, Gibson was eligible, if he so chose, to opt for a reduced early retirement pension or, alternatively, to defer receipt of such pension until a later date.

In November, 1978, Mohawk closed its oldest tire-producing facility in Akron, Ohio. This closure had a direct impact upon the salaried workforce, both at that plant and in the corporate staff. Mr. Kitchin testified that corporate-wide salaried employment dropped from 318 in November, 1978 to 225 in January, 1979 as a result of the Akron plant closure. Amongst the employment casualties resulting from the Akron closure was Jake Stafford, General Manager. Although Mr. Stafford had worked various jobs throughout the tire plant and had significant Company service (1945 hire date), he was not given an opportunity to either “bump” a less senior General Manager in the other two tire plants or a manager outside the tire division or to transfer to a lesser position.

Substantial testimony was presented during the trial of the instant action regarding the reasons why Mohawk subsequently closed the Helena facility. Company officials indicated the plant could not be operated profitably under the restrictive work practices existing in the labor agreement with the union. Nevertheless, on May 22, 1979 the Company announced its decision to permanently close the Helena facility on June 9, 1979. Subsequent to said closure, Mr. Theodore Ferrell, Gibson’s replacement as General Manager, was terminated July 31, 1979 when the General Manager’s position at Helena was eliminated due to the plant closure. Ferrell was not provided with any opportunity to transfer elsewhere within the Mohawk Rubber Company. From November, 1978 when three tire plants were operating until August, 1979 when two of those plants had been permanently closed, the salaried work force (including office clericals, sales, research and development, etc.) had declined from 318 to 181.

Finally, by June 12,1981, the date of this trial’s completion, the salaried work force at Mohawk had dropped to 173 — a 54% reduction from the pre-Akron closure staffing of 318.

CONCLUSIONS OF LAW

Plaintiff’s expert testimony with respect to Plaintiff’s present value lump sum pension entitlement sought to establish a present value dollar figure it would take to make up the difference between Plaintiff’s pension entitlement as of February, 1979 versus what that entitlement would have been had he remained continuously employed at the same base salary until age 65. [1288]*1288This amount was derived by taking the difference between Plaintiff’s monthly entitlement at age 55 and his monthly entitlement at age 65.

The Court finds that the approach used by Plaintiff to establish alleged pension entitlement is simply too speculative. There can be no assurance that Plaintiff will survive to age 65. There can be no assurance that his job and/or salary would have so survived. As a matter of fact, the irrefutable evidence shows that even if Plaintiff had not been terminated in March, 1978, his job would have been eliminated subsequent to the plant closure in July, 1979.

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521 F. Supp. 1285, 26 Fair Empl. Prac. Cas. (BNA) 1263, 1981 U.S. Dist. LEXIS 14526, 28 Empl. Prac. Dec. (CCH) 32,651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-mohawk-rubber-co-ared-1981.