Hunter v. Wray

908 F. Supp. 485, 1995 U.S. Dist. LEXIS 20334, 1995 WL 758799
CourtDistrict Court, S.D. Ohio
DecidedSeptember 13, 1995
DocketNo. C2-93-938
StatusPublished
Cited by1 cases

This text of 908 F. Supp. 485 (Hunter v. Wray) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunter v. Wray, 908 F. Supp. 485, 1995 U.S. Dist. LEXIS 20334, 1995 WL 758799 (S.D. Ohio 1995).

Opinion

OPINION and ORDER

BECKWITH, District Judge.

Plaintiffs, three former Labor Relations Officers (“LROs”) for the Ohio Department of Transportation (“ODOT”), sue ODOT and its director, Jerry Wray. Plaintiffs allege that Defendants terminated their employment, on the basis of their political affiliation, in violation of the First Amendment to the United States Constitution. This matter is now before the Court on Defendants’ motion for summary judgment.

Background

Plaintiffs were hired or promoted to the LRO position during the administration of Richard Celeste. After the election of Governor George Voinovich, each of the Plaintiffs was dismissed from employment. Plaintiffs claim that they were dismissed because of their affiliation with, the Democratic Party and activities on behalf of Democrats who were seeking political office.

The LRO position is described as follows, or similarly, in the position description prepared by the Ohio Department of Administrative Services:

Advises & consults with management staff regarding policies & procedures as they apply to all labor relations activities within assigned geographical district. Makes recommendations as to particular action to take regarding application of current contracts & relevant labor relations standards. Actively seeks information regarding conditions of employment, programs, policies & procedures to gauge mood of current labor situation. Assesses knowledge gained & draws conclusions. Apprises Administration of disposition of grievances & other labor problems to aid in effective decision making.
Researches & identifies facts at issue, endeavors to obligate both management & labor to specific terms & conditions of agreement. Regularly plans & writes labor management agreements, prepares documents, drafts information for arbitration, writes reports, writes answers, to grievances, interprets contract, writes memos, communicates with union representatives.
Represents management position in adjustment of disputes between labor & management. Hears grievances, recommends solutions. Develops creditable & agreeable working relationships with all unions & organizations with whom agency deals. Oversees & regulates activities of unions & organizations regarding solicitation, distribution & contract enforcement activities. Monitors & regulates postings & use of bulletin board facilities. Plans labor function programs for district. Conducts training for supervisors regarding Collective Bargaining Agreement. Plans, on behalf of District Deputy Director, any joint labor/management safety meetings.

The LRO works at the supervision of a District Deputy Director, who is, in turn, supervised by Defendant Wray.

Defendants deny that Plaintiffs’ dismissals were related in any way to their ’political affiliation. Nevertheless, Defendants contend that they are entitled to summary judgment because the LRO position is one for which political affiliation is an acceptable criterion.

Summary Judgment Standard

Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The evidence presented on a motion for summary judgment is construed in the light most favorable to the non-moving party, who is given the benefit of all favorable inferences that can be drawn therefrom. United States v. Diebold, Inc., 369 U.S. 654, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962). “The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; [488]*488the requirement is that there be no genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986) (emphasis in original).

The Court will not grant summary judgment unless it is clear that a trial is unnecessary. The threshold inquiry to determine whether there is a need for trial is whether “there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.” Anderson, 477 U.S. at 250, 106 S.Ct. at 2511. There is no issue for trial unless there is sufficient evidence favoring the non-moving party for a jury to return a verdict for that party. Id.

The fact that the weight of the evidence favors the moving party does not authorize a court to grant summary judgment. Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 472, 82 S.Ct. 486, 490, 7 L.Ed.2d 458 (1962). “[T]he issue of material fact required by Rule 56(c) ... to entitle a party to proceed to trial is not required to be resolved conclusively in favor of the party asserting its existence; rather, all that is required is that sufficient evidence supporting the claimed factual dispute be shown to require a jury or a judge to resolve the parties’ differing versions of the truth at trial.” First National Bank v. Cities Service Co., 391 U.S. 253, 288-89, 88 S.Ct. 1575, 1592-93, 20 L.Ed.2d 569 (1968).

Moreover, although summary judgment must be used with extreme caution since it operates to deny a litigant his day in court, Smith v. Hudson, 600 F.2d 60, 63 (6th Cir.), cert. dismissed, 444 U.S. 986, 100 S.Ct. 495, 62 L.Ed.2d 415 (1979), the United States Supreme Court has stated that the “[s]um-mary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed to ‘secure the just, speedy and inexpensive determination of every action.’” Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986). According to the Supreme Court, the standard for granting summary judgment mirrors the standard for a directed verdict, and thus summary judgment is appropriate if the moving party establishes that there is insufficient evidence favoring the non-moving party for a jury to return a verdict for that party. Id. at 323, 106 S.Ct. at 2553; Anderson, 477 U.S. at 250, 106 S.Ct. at 2511.

Accordingly, summary judgment is clearly proper “against a party who fails to make a showing sufficient to establish the existence of an element essential to the party’s case and on which that party will bear the burden of proof at trial.” Celotex Corp., 477 U.S. at 322, 106 S.Ct. at 2552.

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908 F. Supp. 485, 1995 U.S. Dist. LEXIS 20334, 1995 WL 758799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-wray-ohsd-1995.