Haynes v. Shodair Children's Hospital

2006 MT 128, 137 P.3d 518, 332 Mont. 286, 2006 Mont. LEXIS 218
CourtMontana Supreme Court
DecidedJune 7, 2006
Docket05-065
StatusPublished
Cited by6 cases

This text of 2006 MT 128 (Haynes v. Shodair Children's Hospital) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haynes v. Shodair Children's Hospital, 2006 MT 128, 137 P.3d 518, 332 Mont. 286, 2006 Mont. LEXIS 218 (Mo. 2006).

Opinions

JUSTICE COTTER

delivered the Opinion of the Court.

¶1 Steven Haynes (Haynes) worked for Shodair Children’s Hospital (Shodair) for approximately twelve years. In 2004, Haynes left Shodair under circumstances he characterized as constructive discharge. Shortly after his resignation, he filed a grievance with Shodair. Shodair notified him that his grievance filing was late and did not comply with the hospital’s internal grievance policy. Haynes in turn sued Shodair in District Court for wrongful discharge.

¶2 Shodair moved for summary judgment on the ground that Haynes failed to submit his grievance within the deadline set by Shodair’s internal grievance policy. Haynes responded with a motion for partial summary judgment asking for a ruling that Shodair’s grievance policy did not apply to his case, or, in the alternative, that he had initiated and exhausted the grievance process. The District Court dismissed Haynes’ complaint without prejudice pending completion of the internal grievance process. Shodair appeals. We reverse and instruct the District Court to dismiss Haynes’ complaint with prejudice on the merits.

ISSUE

¶3 The issue on appeal is whether the District Court erred when it failed to dismiss Haynes’ wrongful discharge action with prejudice after finding that Haynes failed to submit his grievance within the deadline established by Shodair’s internal grievance policy.

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Steven Haynes worked for Shodair Children’s Hospital from July 1992 until April 2004. During that time he was promoted from Programmer/Analyst to Director of Information Systems (IS). As IS Director, Haynes supervised one full-time employee. Beginning in 1999, shortly after this employee was hired, and continuing until Haynes resigned, Haynes frequently complained to the hospital’s management that the employee had recurrent absences and that these absences were adversely impacting the ability of the IS department to meet deadlines and provide necessary services. In 2002, Haynes’ immediate superior notified Haynes that he had failed to perform a task within the hospital’s expectations. Haynes objected to this [288]*288admonishment and filed a grievance. Shodair responded that its criticism of Haynes’ performance was not a grievable incident as it did not constitute a disciplinary action.

¶5 Haynes continued working at Shodair and complaining about his subordinate’s absences until April 14, 2004, at which time Haynes resigned claiming that he had been constructively discharged. The day after he resigned, Haynes received a copy of Shodair’s grievance policy. The grievance policy indicated that a grievance had to be filed within five business days; it had to be filed on the required “Grievance Resolution Form;” it had to be directed to the grieving employee’s immediate supervisor; and it had to be signed by the grieving employee. On April 20, in response to a telephone message from Haynes’ attorney asking whether the grievance policy applied to Haynes’ discharge situation, Shodair’s attorney notified Haynes and his attorney that the policy did in fact apply to Haynes’ discharge.

¶6 Although the grievance policy allowed for a mutually-agreed upon extension of time within which to file a grievance, Haynes’ attorney did not request an extension of time in which to file Haynes’ grievance. On April 26, eight business days after Haynes’ resignation, Haynes’ counsel submitted a grievance letter to Shodair’s counsel. The letter was not signed by Haynes nor was it on the prescribed form. Shodair responded in a letter, asserting that Haynes’ filing was both late and not in compliance with the procedures set forth in the grievance policy.

¶7 Haynes sued Shodair in District Court for wrongful discharge. Shodair moved for summary judgment on the ground that Haynes failed to submit his grievance within the deadline set by Shodair’s internal grievance policy. Haynes responded with a motion for partial summary judgment requesting that the District Court rule that Shodair’s grievance policy did not apply to his case or that a grievance proceeding had been initiated and Haynes had exhausted the grievance procedure. The District Court dismissed Haynes’ complaint without prejudice pending completion of the internal grievance process. Shodair appeals.

STANDARD OF REVIEW

¶8 We review a district court’s grant of summary judgment de novo, using the standard established by Rule 56, M.R.Civ.P. The moving party must establish the absence of a genuine issue of material fact and entitlement to judgment as a matter of law. Baltrusch v. Baltrusch, 2006 MT 51, ¶ 11, 331 Mont. 281, ¶ 11, 130 P.3d 1267, ¶ 11 (citations omitted). Once the moving party has met its burden, the [289]*289opposing party must, in order to raise a genuine issue of material fact, present substantial evidence essential to one or more elements of its case rather than mere conclusory or speculative statements. We review a district court’s conclusions of law to determine whether they are correct. Kullick v. Skyline Homeowners Ass'n, Inc., 2003 MT 137, ¶ 13, 316 Mont. 146, ¶ 13, 69 P.3d 225, ¶ 13 (citation omitted).

DISCUSSION

¶9 In its Order dismissing Haynes’ wrongful discharge action without prejudice, the District Court noted that “Certainly, Haynes did not comply strictly with the time line set by the grievance procedure.” The court concluded, however, that Shodair’s grievance policy was “somewhat confusing,” and that Haynes “was receiving mixed messages from Shodair.” The District Comb also stated that Haynes’ failure to comply with the “formalities” of the procedure, i.e., using and signing a specific form and submitting it to his supervisor rather than hospital counsel, “cannot reasonably be deemed fatal to Haynes’ complaint.”

¶10 While Haynes presented an extensive factual background chronicling the last four years of his employment at Shodair, much of which was addressed by the District Court in its Order, the dispositive issue is Haynes’ failure to meet the five-day deadline required by Shodair’s internal grievance policy.

¶11 Shodair’s grievance policy defined a “grievance” as:

[A] complaint initiated by an employee regarding disciplinary action or the application or interpretation of laws, rules, policies or procedures which adversely affect the employee. However, the term “grievance” does not apply to complaints regarding informal disciplinary measures such as corrective counseling and verbal/oral warnings.

There is no question that, by virtue of his complaint that he was constructively discharged due to an intolerable working environment, Haynes’ complaint stemmed from the application of policies at Shodair which “adversely affect[ed] the employee.” Thus, the grievance procedure applied to him.

¶12 Sections 39-2-901 - 915, MCA, comprise the Wrongful Discharge from Employment Act (WDEA). Section 39-2-902, MCA, clearly states that the WDEA sets forth certain rights and remedies with respect to wrongful discharge. Section 39-2-902, MCA, also provides that with the exception of the circumstances listed in § 39-2-912, MCA, which are inapplicable here, the WDEA is the exclusive remedy for a wrongful [290]*290discharge from employment.

¶13 The section of the WDEA that is relevant to the case at bar is § 39-2-911(2), MCA, which provides, in relevant part:

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Bluebook (online)
2006 MT 128, 137 P.3d 518, 332 Mont. 286, 2006 Mont. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haynes-v-shodair-childrens-hospital-mont-2006.