Haley v. General Electric Co.

3 F. App'x 240
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 23, 2001
DocketNo. 99-6349
StatusPublished
Cited by6 cases

This text of 3 F. App'x 240 (Haley v. General Electric Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haley v. General Electric Co., 3 F. App'x 240 (6th Cir. 2001).

Opinions

OPINION

JAMES G. CARR, District Judge.

Plaintiff-appellant Shirley Haley (“Haley”) appeals the district court decision granting summary judgment to the defendants, General Electric Company (“GE”) and Local 703 of the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (“Local 703”), on Haley’s claims of sexual discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2000e-17, and the Tennessee Human Rights Act, Tenn.Code Ann. §§ 4-21-101 — 1004. For the following reasons, we AFFIRM the judgment of the district court.

I. Facts

Shirley Haley was a production worker at GE’s Murfreesboro, Tennessee plant [243]*243and had been employed there since 1971. (J.A. at 10). As a result of cutbacks at the plant, the great majority of employees have more than twenty years seniority. (Id. at 334).

Local 703 is the exclusive collective bargaining representative for GE’s maintenance and production workers. (Id. at 11). Local 703 and GE have a collective bargaining agreement governing the terms and conditions of employment of GE’s maintenance and production workers at the plant. (Id. at 334).

Haley was a member of Local 703, serving as a Union shop steward and vice-president for four years in the late 1980s and 1990s, but resigned from Local 703 prior to the lawsuit. Local 703 continued to represent Haley as it does all other hourly employees. (Id.).

Pursuant to the collective bargaining agreement, when a job becomes vacant at the plant, GE is required to post a notice of the vacancy. (Id. at 307). Any employee interested in the job must submit a job request, or bid, during the period, and current employees have priority for such positions. (Id. at 334). The collective bargaining agreement provides that GE must fill the position with: “the [employee] with the necessary qualifications and the most plant service in accordance with Article 28, Section I of the National Agreement.” (Id. at 54). Article 28 provides:

The Company will to the extent practical, give first consideration for job openings and upgrading to present employees, when employees with the necessary qualifications are available. In upgrading employees to higher rate jobs, the Company will take into consideration as an important factor, the relative length of seniority of the employees which it finds are qualified for such upgrading. (Id. at 52).

On July 25, 1997, GE posted a notice of a job opening for the WEB Production Support position (M31X), which involved a manufacturing process used to make a type of motor. (Id. at 249). The minimum qualifications for the job were:

1. Must have basic understanding of hydraulics, pneumatics, and AC/DC circuits;

2. Must be able to read and understand machine/equipment drawings;

3. Must be able to draw/sketch tools and fixtures for construction by others;

4. Must demonstrate experience in at least one of the following:

A. 6 months form W experience;

B. 6 months winding experience;

C. 6 maintenance or;

D. 6 months machine setup & operate. (Id.).

Before the announcement was posted, the qualifications for the position were discussed and agreed to by Rob Ladd, the plant’s Human Resources Manager, and Brian Christopher, Manager of Shop Operations. (Id. at 336). Brian Christopher had complete responsibility for judging the qualifications of the bidders and making the actual hiring decision. (Id. at 236).

Six employees submitted bids for the position: Audrey Curray, Shirley Haley, Melvin Roberts, Sonny Stitt, Edward Underwood, and Charles Vandiver. (Id. at 336). At each interview, Mary Stacey, Local 703’s Chief Steward, sat in with Christopher as a silent observer. (Id.).

Christopher developed a system awarding points for each skill a bidder possessed. (Id.). He awarded each bidder one to five points based on the extent to which the bidder, in Christopher’s estimation, met each of the minimum qualifications listed in the company guidelines. (Id.).

[244]*244Christopher also awarded each bidder one to five points for seven additional factors that he judged would be important for the position. (Id.). The seven additional factors included: 1) maintenance; 2) troubleshooting and process improvements; 3) interfacing with the tool room and maintenance; 4) assisting in setup and changeover; 5) cataloguing spare parts and updating manuals; 6) people and leadership skills and 7) performance during closing statement. (Id. at 255). Under the point system, a bidder could receive a maximum of fifty-five points. (Id. at 337). Haley argues that the same requirements were used by Christopher’s predecessor, Tony Arcienega, to evaluate bidders for posted employment opportunities. (Id. at 258).

During each of the six interviews, Christopher asked the bidder to explain his or her qualifications, to sketch a part of the WEB Production line, and to give a statement explaining why he or she should get the position. (Id. at 337).

Haley and Edward Underwood tied for the highest score with thirty-nine points each. (Id. at 195).

Although Christopher believed both Haley and Underwood were qualified for the position, Christopher judged Haley to have more leadership skills and seniority than Underwood. (Id.). Christopher awarded Haley the position and posted an announcement in the plant. (Id.).

Local 703’s president, James Jernigan, and its vice-president, J.O. Jones, approached Christopher and questioned awarding the job to Haley. (Id.). Jernigan stated that, although he did not recall his exact statement to Christopher, he was concerned because “the plant was in a complete uproar because they didn’t think [Haley] should have the job.” (Id. at 215). The three men went into Ladd’s office as Ladd joined the discussion. (Id. at 186).

According to Christopher, the Local 703 officers asked how the decision was made to award Haley the position. (Id. at 186). Ladd stated that the officials said that Underwood should have been awarded the job. (Id. at 202). Jernigan, however, claimed that he initially believed Audrey Curray should have been awarded the job, and that he never told Christopher that Underwood should have received the promotion. (Id. at 218). Jernigan stated that he was concerned the employment decision did not focus enough on the minimum qualifications under company guidelines. (Id.).

Both Ladd and Christoper testified that they believed the Local 703 officers were pressuring them to reverse the award of the position to Haley. (Id. at 338). According to Ladd and Christopher, Jernigan said he was willing to take this problem “to the street,” a reference to a union strike. (Id.). Jernigan, however, does not recall using the phrase. (Id.).

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