Golembiewski v. Logie

852 F. Supp. 2d 908, 2012 WL 425063, 2012 U.S. Dist. LEXIS 16463
CourtDistrict Court, N.D. Ohio
DecidedFebruary 9, 2012
DocketCase No. 3:11 CV 57
StatusPublished
Cited by1 cases

This text of 852 F. Supp. 2d 908 (Golembiewski v. Logie) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Golembiewski v. Logie, 852 F. Supp. 2d 908, 2012 WL 425063, 2012 U.S. Dist. LEXIS 16463 (N.D. Ohio 2012).

Opinion

MEMORANDUM OPINION AND ORDER

JACK ZOUHARY, District Judge.

Introduction

This case arises from the termination of Plaintiff Joann Golembiewski’s employment with the University of Toledo (“University”). Plaintiff brings this action pursuant to 42 U.S.C. § 1983, alleging violations of her First, Fifth and Fourteenth Amendment rights. Defendants, who were University management personnel at the time of Plaintiffs employment and termination, move this Court for summary judgment (Doc. No. 28). Defendants argue Plaintiff cannot demonstrate a constitutional deprivation and, even if she could, they are entitled to qualified immunity as a matter of law. Plaintiff opposed Defendants’ Motion (Doc. No. 32), and Defendants replied (Doc. No. 30). For the reasons set forth below, Defendant’s Motion is granted.

Background

Plaintiff was a civil service employee at the University of Toledo, and a member of Local 4319 of the Communication Workers of America (“Union”) which had a collective bargaining agreement with the University effective through December 2011 (Doc. No. 1 at 5). At the time of Plaintiffs employment and termination, Defendants were employed by the University: William Logie was Vice President for Human Resources and Campus Safety; Joseph Klep was Manager of Labor and Employee Relations; and Connie Rubin was Senior Director of Employee and Labor Relations (Doc. No. 1 at 4-5). Each Defendant is [914]*914sued in his or her individual capacity only — the University has not been named as a defendant.

From 2005 until the time of her discharge, Plaintiff worked in several secretarial positions with the University (Doc. No. 27-1 at 21). In 2007, Plaintiff became a member of the bargaining committee for employees represented by the Union (Doc. No. 27-1 at 38-39). Although she never participated in the actual bargaining process, Plaintiff assisted the Union negotiation team by recommending improvements on the current collective bargaining agreement (Doc. No. 27-1 at 239^10).

One of the issues discussed at Union negotiations, relevant to this case, involved the implementation of a new attendance policy (Doc. No. 27-1 at .97). The new policy was the subject of a July 2008 agreement between the Union and the University (Doc. No. 27-1 at 288) to work together to develop a policy aimed at curbing sick-leave abuse (Doc. No. 27-2 at 19-20). In November 2008, the University President approved the new attendance policy, effective January 2009, which applied to Union members and certain nonunion staff (Doc. No. 27-1 at 289-93).

In early December 2008, Plaintiff was nominated to run for unit director of the Union (Doc. No. 27-1 at 82). Around the same time, University administrators scheduled a series of meetings to explain its new attendance policy and discuss its implementation (Doc. No. 27-1 at 97). Plaintiff opposed the new policy because it only applied to Union employees and nonunion classified employees-not to University employees covered by other unions. Essentially, Plaintiff believed the policy was “discriminatory” (Doc. No. 27-1 at 97-98). Plaintiff was also upset with her Union leadership for not vigorously opposing the new policy (Doc. No. 27-1 at 130-32). For these reasons, Plaintiff attended various University-scheduled meetings regarding the policy, and began soliciting signatures of fellow Union members hoping to rescind the policy (Doc. No. 27-1 at 108).

The first meeting Plaintiff attended was on December 5, 2008, the day after she accepted the nomination to run for Union unit director (Doc. No. 27-1 at 103). All employees in attendance, including Plaintiff, were paid by the University to attend (Doc. No. 27-1 at 104). During the question-and-answer part of the meeting, Plaintiff stood up and asked “why are we doing this?” causing others in attendance to respond with applause and yelling (Doc. No. 27-1 at 105). Defendant Klep, Manager of Labor and Employee Relations, asked Union President Bob Hall whether Plaintiff was “always like this?” Klep believed Plaintiffs conduct at the meeting was “disruptive and belligerent” (Doc. No. 27-2 at 7-8). Regardless, Plaintiff was not disciplined for her statement.

Plaintiff attended another policy meeting five days later, this time utilizing her “flex hours,” which is accrued paid time off (Doc. No. 27-1 at 107 & 111). Plaintiff attended this meeting, as well as others, to learn more about the new attendance policy and to solicit signatures for her petition to rescind the new policy (Doc. No. 27-1 at 107-08). According to Plaintiff, there were some “rancorous and disgruntled” employees at this meeting (Doc. Nos. 32 at 7; 27-1 at 109). As attendees stood to leave the meeting, Plaintiff, who was at the back of the room, announced she had a petition to sign (Doc. No. 27-1 at 110). Klep approached Plaintiff and told her to put the petition away, explaining to Plaintiff the employees were on the University’s time (Doc. No. 27-1 at 112). Plaintiff responded by telling Klep to go back to the front of the room to talk to employees who were lining up to speak with him, and said “I’m up here with a petition,” “I’m not interrupting,” “I’m not doing anything [915]*915■wrong,” “the meeting is done” (Doc. No. 27-1 at 112). Plaintiff continued to circulate her petition (Doc. No. 27-1 at 113), causing Klep to warn Plaintiff that ignoring his directive was insubordination. Klep also told Plaintiff he would have a discussion with her the following day (Doc. No. 27-2 at 7).

After his brief confrontation with Plaintiff, Klep approached Hall and said “[y]ou had better get control of [Plaintiff] ... she’s being grossly insubordinate and ... discipline [is] forthcoming” (Doc. No. 27-2 at 7). Klep also relayed the incident to Defendant Rubin, Senior Director of Employee and Labor Relations (Doc. No. 27-2 at 32 & 35). Plaintiff was not disciplined for this incident, though Rubin later called Plaintiff’s conduct at the meeting part of a “pattern of a failure of good behavior” (Doc. No. 27-4 at 16).

A couple weeks later, on December 22, 2008, Plaintiff used a vacation day to campaign at the University for the unit director position and to circulate her petition against the new attendance policy (Doc. No. 27-1 at 118). Plaintiff approached coworkers at their work stations to campaign and to ask them to sign the petition (Doc. No. 27-1 at 119). According to Plaintiff, she was asked by co-worker Georgina Molina to come to her station so she could sign the petition. Plaintiff approached Molina at her station, handed her a campaign flyer, and after a brief discussion, obtained Molina’s signature on the petition (Doc. No. 27-1 at 121). Moments after her discussion with Plaintiff, Molina had a change of heart and decided she did not want her name on the petition. Molina looked for Plaintiff at an informational meeting being held that afternoon so she could remove her name from the petition (Doc. No. 27-1 at 343). Although Plaintiff argues she permitted Molina to remove her name from the petition without any difficulty, Klep and Rubin later received complaints from Molina and other coworkers about Plaintiffs “intimidating” behavior that day (Doc. Nos. 27-2 at 118; 27-4 at 15).

On January 5, 2009, Plaintiff sent an email from home to selected Union co-workers encouraging them to come to her workstation to sign the petition between 8:30 a.m. and 5:00 p.m.

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Bluebook (online)
852 F. Supp. 2d 908, 2012 WL 425063, 2012 U.S. Dist. LEXIS 16463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golembiewski-v-logie-ohnd-2012.