Hernandez v. Bridgestone Americas Tire Operations, LLC

97 F. Supp. 3d 1062, 2014 U.S. Dist. LEXIS 183519, 2014 WL 8514736
CourtDistrict Court, S.D. Iowa
DecidedDecember 12, 2014
DocketCivil No. 4-13-cv-00374
StatusPublished
Cited by1 cases

This text of 97 F. Supp. 3d 1062 (Hernandez v. Bridgestone Americas Tire Operations, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernandez v. Bridgestone Americas Tire Operations, LLC, 97 F. Supp. 3d 1062, 2014 U.S. Dist. LEXIS 183519, 2014 WL 8514736 (S.D. Iowa 2014).

Opinion

ORDER

RONALD E. LONGSTAFF, Senior District Judge.

The Court has before it cross motions for summary judgment, filed September 15, 2014. Both parties filed resistance materials on October 9, and replies on October 20, 2014. The motions are considered fully submitted.1

1. BACKGROUND2

A. Plaintiffs Initial Employment and Scheduling

Defendant Bridgestone Americas Tire Operations, LLC (“BATO”) is a Delaware-[1065]*1065based limited liability company that designs, manufactures and sells tires. Plaintiff Lucas Hernandez began working for BATO in early November 2003 as an hourly production worker in its Des Moines, Iowa production facility (“the plant”). In 2004, plaintiff transferred to a tire builder position at the plant, and remained in this position until his termination in August 2012.

All tire builders at the plant work 12-hour shifts, with shifts one and three working daytime hours, and shifts two and four working nights. Plaintiff worked shift two during late 2011 and 2012. Throughout his employment with BATO, plaintiff was a bargaining unit employee and a member of the United Steelworkers of America, AFL-CIO, CLC (the “Union”). The terms and conditions of plaintiffs employment therefore were governed by the collective bargaining agreement (“CBA”) between BATO and the Union.

BATO develops a schedule for all employees’ standard workweeks on an annual basis. Once this master schedule is released in October of each year, it does not change. The parties do not dispute that, under this master schedule, plaintiffs “usual or normal workweek” was 42 hours long.3

In addition to the standard workweek, employees are given the option to sign-up for overtime hours on their off-shifts by writing their names on a sign-up sheet. BATO posts the sheets in the plant’s tire room one week in advance, based on the plant’s scheduling and production needs. Pursuant to a process outlined in the CBA, BATO then selects individuals to work overtime based on the employee’s seniority and total overtime hours worked to-date. Once an individual is selected to work an overtime shift, BATO expects the employee to work the shift, unless he is allowed to leave early due to diminished production.

B. BATO’s Attendance and FMLA Leave Policy

BATO maintains an attendance program for its hourly production employees, which was negotiated with the Union and is incorporated into the CBA. Under this attendance program, an “incident of absence” is defined as “one scheduled shift of absence.” Defendant’s Statement of Undisputed Facts ¶ 9.

Under the plant’s attendance program, the Company imposes progressive discipline for accumulated incidents of absence: five incidents in a nine-month period result in counseling; an additional incident within nine months of the last incident after counseling results in a “step 2” written reprimand; an additional incident within nine months after the written reprimand results in a “step 3” final written warning; and an additional incident within nine months after the final written warning leads to “step 4” termination.

BATO’s computerized “TIPS” attendance system prompts supervisors to schedule meetings with employees who reach steps 1-3 under the attendance program. The plants’ human resources department administers any disciplinary action — including termination — from that point forward.

Certain absences are excused under the attendance program and do not result in an “incident,” such as those caused by an employee’s accident or sickness (“A & S”), and those that qualify for protection under the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq. (“FMLA”). The plant’s human resources department [1066]*1066decides whether to excuse an absence, and is in charge of monitoring employees’ FMLA usage. Under BATO’s A & S plan, which is contained within the negotiated Pension & Insurance (“P & I”) Agreement with the Union, FMLA leave runs concurrently with approved A & S leave.

C. Facts Leading to Plaintiffs Termination

Between October 31, 2011 and July 15, 2012, plaintiff was absent from his usual and normal work schedule 48 times, and absent from overtime shifts on six occasions.

Many of plaintiffs absences during this period were for FMLA-qualifying reasons. In late 2011 and 2012, plaintiffs son required frequent treatments for his asthma, which caused plaintiff to need additional time off from work to provide the necessary transportation and care. In late No-verpber 2011, plaintiff submitted an FMLA certification form requesting intermittent FMLA leave to care for his son. Based on his this certification, BATO approved plaintiff for 504 hours of FMLA leave beginning November 14, 2011 and ending November 14, 2012. BATO reached this figure by multiplying plaintiffs normal, 42-hour workweek by 12. Bato did not account for plaintiffs overtime shifts in this FMLA allotment.

Each time plaintiff missed work due to an accident or sickness, or for an FMLA-qualifying purpose, BATO deducted 12 hours from the 504-hour allotment, whether plaintiff missed one of his standard shifts, or an overtime shift for which he had been selected.

Meanwhile, throughout 2011 and 2012, plaintiff was disciplined for unexcused absences pursuant to the plant’s attendance program. These absences resulted in a counseling session, which occurred on February 1, 2012.

Plaintiff had received another unexcused absence on January 13, 2012, placing him on step 1 under the attendance program. BATO issued a written warning on February 1, 2012. It is undisputed that plaintiff would have been removed from BATO’s attendance program if he did not have any additional incidents of absence through October 13, 2012, however.

Plaintiff was absent from scheduled overtime shifts for FMLA-qualifying reasons on May 7, and 13, and June 4, and 8, 2012. BATO deducted 12 hours from plaintiffs annual leave allotment balance for each of these four shifts.

Plaintiff was absent again for an FMLA-qualifying reason between July 9-15, 2012. Plaintiff did not miss another scheduled shift between July 16, and August 6, 2012.

At some point during or prior to his July 9-15, 2012 absence, plaintiff called Samantha Peterson, BATO’s human resources coordinator, to alert her of the reason for his absence. Peterson then accessed his TIPS file and determined that, pursuant to BATO’s policy for deducting FMLA hours due to missed overtime shifts, plaintiff had 'exhausted his 504-hour leave entitlement on July 10, 2012.4 Peterson sent plaintiff a letter dated July 17, 2012, confirming that, under current BATO policy, plaintiffs FMLA leave was exhausted as of July 10, 2012.5

[1067]*1067Based on its policy for calculating and accounting for FMLA leave, BATO concluded that plaintiffs absences on July 11, and 12, 2012 caused him to advance to steps 2 and 3 under the attendance program. BATO issued plaintiff a written reprimand and a final written warning on July 24, and August 2, 2012, respectively.

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Cite This Page — Counsel Stack

Bluebook (online)
97 F. Supp. 3d 1062, 2014 U.S. Dist. LEXIS 183519, 2014 WL 8514736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-bridgestone-americas-tire-operations-llc-iasd-2014.