Henderson v. United Parcel Service, Inc.

731 F. Supp. 1374, 1990 U.S. Dist. LEXIS 2457, 52 Fair Empl. Prac. Cas. (BNA) 1258, 1990 WL 20212
CourtDistrict Court, S.D. Indiana
DecidedFebruary 23, 1990
DocketNo. IP 88-197-C
StatusPublished

This text of 731 F. Supp. 1374 (Henderson v. United Parcel Service, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henderson v. United Parcel Service, Inc., 731 F. Supp. 1374, 1990 U.S. Dist. LEXIS 2457, 52 Fair Empl. Prac. Cas. (BNA) 1258, 1990 WL 20212 (S.D. Ind. 1990).

Opinion

ENTRY ON INVOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P. 41(b)

TINDER, District Judge.

Findings of Fact

1. The defendant, United Parcel Service, Inc., (U.P.S.) is engaged in the small package delivery business throughout the United States and in numerous countries overseas. U.P.S. promises timely delivery service to its customers and requires its employees to commit their personal efforts toward effectuating this policy.

2. Within the United States, U.P.S. is divided into twelve regions and geographically subdivided into districts. In turn, each district maintains several departments, each of which is responsible for a particular function of the business, including, but not limited to, labor, loss prevention, personnel, and automotive.

3. U.P.S. hired the plaintiff, Fred C. Henderson (the plaintiff or Henderson), on [1375]*1375November 12, 1984, as a journeyman mechanic, an hourly position. Henderson is a black, or African-American, male.

4. Henderson’s supervisor, Indiana District Automotive Department Manager, Calvin R. Fessel, promoted Henderson to the salaried position of automotive department supervisor on April 1, 1985. At that time, Henderson received a copy of the U.P.S. Policy Book.

5. The U.P.S. Policy Book provides, among other things:

One of our long-standing strengths is the willingness of our people to take on job assignments where needed. Such moves to strengthen our management organization may involve promotions, lateral assignments, transfers, or relocation. Each move should be considered in view of enhancing individual career opportunities.
In each case, we try to evaluate in advance the effect of the move on the individual as well as the company. We weigh the considerations carefully before any action is taken; no transfer should be undertaken lightly.

6. Supervisory employees of U.P.S. are transferred and retransferred throughout the world.

7. Henderson held the position of automotive department supervisor at U.P.S.’s 81st street facility in Indianapolis, Indiana from on or about April 1, 1985, until the termination of his employment on May 15, 1987, except for a brief period of time in late 1986 and early 1987 when he was on special assignment at U.P.S.’s Central Parts facility near Chicago, Illinois.

8. Based on Fessel’s recommendation, Henderson received both the “additional half month check” annual bonus and the “partnership management incentive” annual bonus in 1985 and 1986. Both bonuses were discretionary and would not have been awarded to Henderson but for Fes-sel’s recommendation.

9. On January 6, 1987, Henderson met with Fessel to discuss a proposed transfer of Henderson to the Regional Parts (also referred to as Central Parts or the Franklin Park Facility) near Chicago, Illinois. During that meeting, Henderson did not advise U.P.S. that he was not interested in a transfer to the Chicago area. Henderson had previously expressed a general willingness to accept transfers to various U.P.S. operations, (Defendant’s Exhibit 11) including the regional parts transfer.

10. U.P.S. selected Henderson for the proposed transfer to the Chicago area between January 6, 1987, and January 14, 1987.

11. On January 14, 1987, when he was told that he had been selected for the reassignment, Henderson advised Fessel for the first time that he was reluctant to accept the reassignment to the Chicago, Illinois area. On January 16, 1987, Henderson advised Fessel that he was unwilling to accept the transfer. Henderson told Fessel that Mrs. Henderson did not want to move, that the cost of housing in the Chicago area was too expensive and that he (Henderson) had changed his mind.

12. On January 26, 1987, Indiana District Personnel Manager, Garry L. Power, Fessel, and Henderson met concerning Henderson’s refusal to accept the transfer to the Chicago area. Henderson was not disciplined, but was advised that any future refusals to accept transfers would not be tolerated.

13. The U.P.S. Policy Book provides that each management employee is required to submit an itemized accounting of money spent on the company’s behalf, in order for the management employee to be reimbursed for such expenses by U.P.S. It further provides that U.P.S. expects honesty from its management employees in their handling of the substantial amounts of money, merchandise, and property with which they are entrusted. It also provides that U.P.S. insists on integrity in the preparation of all reports.

14. In February of 1987, Henderson prepared an expense report for his January 1987 reimbursable expenses. That report contained entries showing meal expenses of $25.00 for each day but three that he worked in Central Parts during the month of January, 1987. Henderson provided no [1376]*1376receipts in support of this report and his immediate supervisor advised him that daily meal expenses of $25.00 or more required documentation by receipts. Henderson discarded that expense report. (Plaintiffs Exhibit TT)

15. Henderson then prepared a modified expense sheet, to reflect a uniform claim of $24.50 for each of the days in January 1987 for which he had earlier claimed $25.00. (Plaintiffs Exhibit JJ).

16. Henderson was not disciplined for his January 1987 expense reporting, but the discarded report was retrieved and he was confronted with it. He was advised to review U.P.S.’s policy on integrity referenced in paragraph 13, supra.

17. A meeting of all automotive department supervisors was scheduled for 1:00 p.m. on May 8, 1987, to be held at the 81st street facility in Indianapolis, Indiana.

18. Several weeks prior to the meeting date, Henderson’s immediate supervisor, Thomas Zdoniak, instructed Henderson to prepare and deliver a presentation on engines and tires at the May 8, 1987, meeting referenced in paragraph 17, supra. Zdon-iak advised Henderson that he would be allowed to report to work several hours later than his usual 12:00 a.m. start time, so that he would be fresh for the 1:00 p.m. meeting on May 8, 1987. Henderson was also told that he would be permitted to leave the meeting early, after completion of the meeting.

19. Henderson’s supervisors did not excuse him from attending the May 8, 1987, meeting nor did he ever tell anyone that he would not attend the May 8, 1987, meeting.

20. Henderson was at work on May 8, 1987, and at no time did he advise anyone from U.P.S. that he did not intend to attend the scheduled meeting. Without notice to his superiors or his fellow supervisors, he left the 81st street facility before the meeting commenced. He never appeared at the meeting to make his presentation. He did not attempt to attend the meeting after completing the second “road call” he handled that day.

21. On May 11, 1987, Zdoniak met with Henderson to discuss his failure to attend the May 8, 1987, meeting. Henderson explained that rather than adjusting his work schedule, he had reported to work that day at his ordinary starting time, midnight. Henderson stated that he was too tired at the time of the meeting and had gone home instead of attending the meeting. During this discussion, Henderson provided no other reasons for his absence from the May 8, 1987, meeting.

22. On May 15, 1987, Fessel met with Henderson to discuss his failure to attend the May 8, 1987, meeting.

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731 F. Supp. 1374, 1990 U.S. Dist. LEXIS 2457, 52 Fair Empl. Prac. Cas. (BNA) 1258, 1990 WL 20212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-united-parcel-service-inc-insd-1990.