International Union of Electrical, Radio & MacHine Workers v. Robbins & Myers, Inc.

429 U.S. 229, 97 S. Ct. 441, 50 L. Ed. 2d 427, 1976 U.S. LEXIS 184, 12 Empl. Prac. Dec. (CCH) 11,256, 13 Fair Empl. Prac. Cas. (BNA) 1813
Supreme Court of the United States·Decided December 20, 1976·No. 75-1264·Published·Cited by 413 cases

Opinion

Me. Justice Rehnquist

delivered the opinion of the Court.

Petitioners seek review of a decision of the Court of Appeals for the Sixth Circuit holding that a claim brought by petitioner Dortha Guy under Title VII of the Civil Rights Act of 1964 was barred by her failure to file a charge with the Equal Employment Opportunity Commission (EEOC) within the statutory limitations period. They present three contentions: The existence and utilization of grievance procedures postpone the date on which an allegedly discriminatory firing took place; the existence and utilization of grievance procedures toll the running of the limitations period which would otherwise begin on the date of the firing; and the 1972 amendments to Title VII, Equal Employment Opportunity Act of 1972, 86 Stat. 103 (Mar. 24, 1972), extending the limitations period from 90 to 180 days, apply to the charge in this case.

I

Respondent Robbins & Myers, Inc. (hereinafter respondent), terminated the employment of petitioner Guy on October 25, 1971, and assigned as its reason for doing so her failure to comply with procedures contained in the collective-bargaining agreement pertaining to leaves of absence. Two days later petitioner caused a grievance alleging an “unfair action” of the company in firing her to be filed on her *232 behalf in accordance with the provisions of the collective-bargaining agreement then in force between petitioner Local 790 of the International Union of Electrical, Radio and Machine Workers (Local 790) and respondent. That agreement’s dispute-resolution procedure, which is to be commenced within “five (5) working days of the commission of the act originating the grievance,” consists of three grievance steps followed by one arbitration step. Guy’s grievance was processed through the third step of the grievance procedure where it was denied on November 18, 1971, with the finding that her termination had been in accordance with the provisions of the collective-bargaining agreement.

On February 10, 1972, a date 84 days after the denial of her grievance at the third stage, but 108 days after the date of her discharge, Guy, who is black, filed a charge of racial discrimination with the EEOC directed against both respondent and Local 790. The EEOC in November 1973 issued its determination and “right to sue” letter, finding that there was “no reason to believe that race was a factor in the decision to discharge” Guy. Her suit in the United States District Court for the Western District of Tennessee under 42 U. S. C. § 2000e-5, was met by a motion to dismiss on the ground, inter alia, that it was barred because of her failure to file a charge with the EEOC within 90 days of her discharge, § 706 (d), 42 U. S. C. § 2000e-5 (d). 1 The District Court dismissed her action, 2 and the *233 Court of Appeals affirmed that judgment by a divided vote, 525 F. 2d 124 (1975). That court felt that it would be “utterly inconsistent” with our opinions in Johnson v. Railway Express Agency, 421 U. S. 454 (1975) and in Alexander v. Gardner-Denver Co., 415 U. S. 36 (1974), to hold that the pursuit of a contractual grievance procedure operates to toll a Title VII remedy “which the employee has a right to resort to concurrently.” 525 F. 2d, at 126. Then, noting the question of the applicability of the 1972 amendments to Title VII raised by the EEOC as amicus curiae (also noting without more that “[s]ince this issue was not raised in the District Court by any party to the case, we are not required to consider it”), the Court of Appeals stated:

“Plaintiff Guy’s claim was barred on January 24, 1972. She did not file her charge with EEOC until February 10, 1972. The amendments to Title VII, increasing the time within which to file her charge to 180 days, did not become effective until March 24, 1972. 42 U. S. C. § 2000e-5 (e) [1970 ed., Supp. V], The subsequent increase of time to file the charge enacted by Congress could not revive plaintiff’s claim which had been previously barred and extinguished.” 525 F. 2d, at 128.

The dissenting judge disagreed on this point, believing that the case should be remanded for consideration of the effect of the 1972 amendments.

We granted certiorari, 425 U. S. 950, to resolve an apparent Circuit conflict on two of these issues: tolling during the pendency of a collective-bargaining-contract’s grievance mechanism, 3 and the applicability of the 1972 amendments *234 to charges filed more than 90 days from the date of the alleged discriminatory act but less than 180 days before the time the amendments became effective.

II

Before reaching either of those questions, however, petitioners Guy and Local 790 assert that the complaint with the EEOC was timely filed, not because of any tolling concept, but simply because the date “the alleged unlawful employment practice occurred” is the date of the conclusion of the collective-bargaining agreement’s grievance-arbitration procedures. Until that time, we are told, the October 25 discharge of Guy (although itself an “occurrence” allowing immediate resort to the EEOC) was “tentative” and “non-final,” and remained so until she terminated the grievance and arbitration process, at which time the “final” occurrence transpired. 4 As a consequence, according to petitioners, the unfavorable termination of the grievance procedures, making the discharge “final,” constituted an “occurrence” enabling Guy to start the 90-day period running from that date.

While the parties could conceivably have agreed to a contract under which management’s ultimate adoption of a supervisor’s recommendation would be deemed the relevant statutory “occurrence,” this was not such a contract. For all that appears Guy was fired as of October 25, 1971, and all parties so understood. She stopped work and ceased receiving pay and benefits as of that date. Unless the griev *235 anee procedures resulted in her reinstatement, she would not be entitled to be paid for the period during which the grievance procedures were being implemented. 5 The grievance lodged on October 27, 1971, protests the “unfair action of Co. for discharge” (emphasis added), while the complaint filed in the District Court alleges Guy’s disagreement, after learning of her discharge, “with the Company’s determination that she had Voluntarily quit,”’ (emphasis added).

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International Union of Electrical, Radio & MacHine Workers v. Robbins & Myers, Inc., 429 U.S. 229, 97 S. Ct. 441, 50 L. Ed. 2d 427, 1976 U.S. LEXIS 184, 12 Empl. Prac. Dec. (CCH) 11,256, 13 Fair Empl. Prac. Cas. (BNA) 1813 (1976).

429 U.S. 229 (International Union of Electrical, Radio & MacHine Workers v. Robbins & Myers, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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