Goodsite v. Norfolk Southern Railway Co.

957 F. Supp. 2d 888, 2013 WL 3943505, 2013 U.S. Dist. LEXIS 107334
CourtDistrict Court, N.D. Ohio
DecidedJuly 31, 2013
DocketCase No. 3:11 CV 1166
StatusPublished

This text of 957 F. Supp. 2d 888 (Goodsite v. Norfolk Southern Railway Co.) 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
Goodsite v. Norfolk Southern Railway Co., 957 F. Supp. 2d 888, 2013 WL 3943505, 2013 U.S. Dist. LEXIS 107334 (N.D. Ohio 2013).

Opinion

MEMORANDUM OPINION AND ORDER

JACK ZOUHARY, District Judge.

Introduction

Plaintiff Geralyn Goodsite brings claims of retaliatory discharge against Defendants Norfolk Southern Railway Company (“Norfolk Southern”) and James Roskovics (“Roskovics”) (collectively, “Defendants”) under Title VTI of the Civil Rights Act of 1964 and Ohio Revised Code § 4112 (Docs. 1 & 15). Retaliation claims brought under Ohio law are generally subject to the same analysis as Title VII claims. Little Forest Med. Ctr. of Akron v. Ohio Civil Rights Comm’n, 61 Ohio St.3d 607, 609-10, 575 N.E.2d 1164 (1991); see also Hollins v. Atl. Co., 188 F.3d 652, 658 (6th Cir.1999) (discrimination claims); Majewski v. Automatic Data Processing, Inc., 274 F.3d 1106, 1117 (6th Cir.2001) (retaliation claims). Pending before this Court is briefing on Defendants’ Motion for Summary Judgment (Docs. 67, 72-73), which was followed by oral argument (Docs. 79-80). For the reasons that follow, the Motion is granted.

Background

Plaintiffs Work as a Carman for the Railroad

Plaintiff began working for Norfolk Southern in its Bellevue, Ohio facility in October 2002 as a general laborer. In October 2004, Plaintiff began a three-year training program for a carman position in the Mechanical Department, which she successfully completed. She then joined the Brotherhood Railway Carmen Union (“BRC”) in February 2008. As á member of the BRC, Plaintiff was bound by a collective bargaining agreement (“CBA”) (Doc. 38-2 at 23 & 163).

In general, the job of a carman is to fix railroad cars, working inside a repair shop or outside in the yard. To obtain a position in either the shop or the yard, an individual must “bid” on an open position. Carmen are assigned to yard work in six-person teams, with each member of the team working one of three possible positions: (1) the “A yard” position, responsible for examining trains upon their arrival to the yard; (2) the “single” position, primarily responsible for inspecting the air pressure in the train’s brake system; and (3) the “tie-in” position, responsible for connecting the train’s air hoses in preparation for departure. Four carmen are assigned to work the “tie-in” position, working in two two-person teams (Doc. 38-2 at 41^2).

[892]*892During her training, and for several months thereafter, Plaintiff worked inside the shop; she then successfully bid for a second-shift position in the yard in March 2009 (id at 45).

Events of June 10 When Plaintiff Walked Off the Job

On June 10, 2010, Plaintiff reported for work at 3:00 pm, as scheduled. The day prior, the murdered body of a woman had been discovered in a pond some distance north of the Bellevue yard (Doc. 38-1 at 32). The newspaper ran an article on June 10 about the body (id at 87).

The shift started with a regular safety meeting led by shift supervisor Chris Davis. Employees, including Plaintiff, received their job assignments for the day at the conclusion of this meeting. Job assignments in the yard were determined according to seniority (Doc. 38-3 at 23-24). Each employee was allowed to choose his or her preferred position, with the most senior employee choosing first and the remaining employees choosing thereafter in order of seniority. When an employee chose the tie-in position, he or she was also allowed to choose a partner. The partner could be any remaining member of the yard crew, regardless of seniority (Doc. 38-6 at 3).

On this date, Robby Heath, Jr. (“Heath”) was the most senior employee on the yard crew. He chose to work the A-yard position. Russ James (“James”) was next and chose to work the tie-in position with Nathaniel Holcomb (“Holcomb”). Anthony Renner chose next, also opting for the tie-in position and chose Jim Davis as his partner. This left Plaintiff to work the single position (Doc. 38-1 at 41).

Plaintiff disagreed with the job assignments, claiming that both Holcomb and Jim Davis were junior to her own status and, as such, should have to work the single position (id. at 47). According to shift supervisor Chris Davis, Plaintiff openly declared her refusal to work the single position but never mentioned safety concerns as the reason for her refusal:

I informed Ms. Goodsite that, that she would be running, running single, instructed her to be running single that night, and, and her answer to me was no, I’m not. I’m going to be tying hoses. I’m older than another employee, Jim Davis, is what I was told. At that point in time, I ... told Ms. Goodsite, you know, we were doing it by seniority, and she had told me that, that we weren’t doing it the correct way by seniority, and I said well, this is the way that we’re going to do it, and again I instructed her to p — -that she’d be running single and with the same response no, I’ll be tying hoses (Doc. 38-1 at 34-35).

Plaintiff then reported to Roskovics’ office, both for a previously scheduled conference call with Norfolk Southern’s equal employment opportunity (“EEO”) officer Susan Decker (“Decker”) and to discuss her job assignment for the day (Doc. 38-4 at 8). Roskovics was the senior general foreman of Bellevue’s Mechanical Department (Doc. 38-4 at 3). During the conference call, the three discussed Plaintiffs previous complaints of graffiti in the restroom, the possibility of security cameras, and general scheduling concerns. According to Decker, Plaintiff did not mention any concerns with working the single position that day while the three were on the conference call (Doc. 45 at 8-11).

Following the conference call, Plaintiff and Roskovics continued to discuss Plaintiffs work assignment for the day (Doc. 38-3 at 24). Plaintiff alleges she told Roskovics she felt unsafe and requiring her to work the single position was discriminatory (id. at 35). Roskovics attempted to assuage Plaintiffs concerns (Doc. 38-5 at 3). At this point, their stories diverge.

[893]*893According to Plaintiff, this exchange followed: Plaintiff asked if she “should wait to see if anything was going to change meaning [her] job assignment.” Roskovics replied the job assignment was not going to change. Plaintiff then asked if she could be excused, to which Roskovics responded “yes.” Plaintiff says she understood this affirmative answer to mean she was excused from work for the night. Plaintiff did not tell Roskovics or any other supervisor that she intended to leave work; she left the yard and headed home (Doc. 38-3 at 26-27)

According to Roskovics, Plaintiff proclaimed she felt unsafe and did not want to work the single position, but he advised her there was nothing unsafe about the assignment and he expected her to “go out and do her job.” Again, Plaintiff never mentioned the murdered woman as the basis for her safety concerns. Plaintiff then walked out of his office, never asked to be excused and said nothing as she left. Roskovics specifically denies Plaintiff ever asked to be excused. It was his belief and expectation Plaintiff left his office to begin working the single position as assigned (Doc. 38-5 at 3, 6 & 55).

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Cite This Page — Counsel Stack

Bluebook (online)
957 F. Supp. 2d 888, 2013 WL 3943505, 2013 U.S. Dist. LEXIS 107334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodsite-v-norfolk-southern-railway-co-ohnd-2013.