Jean Knafel Karen Wuchich v. Pepsi Cola Bottlers of Akron, Inc. Stanley Levin James Davis and General Cinema Corporation

850 F.2d 1155, 5 I.E.R. Cas. (BNA) 1322, 135 L.R.R.M. (BNA) 2513, 1988 U.S. App. LEXIS 9241, 47 Empl. Prac. Dec. (CCH) 38,124, 1988 WL 68769
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 7, 1988
Docket87-3654
StatusPublished
Cited by75 cases

This text of 850 F.2d 1155 (Jean Knafel Karen Wuchich v. Pepsi Cola Bottlers of Akron, Inc. Stanley Levin James Davis and General Cinema Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jean Knafel Karen Wuchich v. Pepsi Cola Bottlers of Akron, Inc. Stanley Levin James Davis and General Cinema Corporation, 850 F.2d 1155, 5 I.E.R. Cas. (BNA) 1322, 135 L.R.R.M. (BNA) 2513, 1988 U.S. App. LEXIS 9241, 47 Empl. Prac. Dec. (CCH) 38,124, 1988 WL 68769 (6th Cir. 1988).

Opinions

MILBURN, Circuit Judge.

Plaintiff-appellant Jean Knafel (“Knaf-el”) appeals the judgment of the district court granting defendants-appellees’ motion for summary judgment on Knafel’s claims of retaliatory discharge in violation of § 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; retaliatory discharge for filing a workers’ compensation claim in violation of Ohio Rev.Code § 4123.90; and intentional infliction of personal injury and emotional distress. Plaintiff-appellant Karen Wuc-hich (“Wuchich”) appeals the judgment of the district court granting defendants-ap-pellees’ motion for summary judgment on Wuchich’s claim that defendants intentionally caused her personal injury and emotional distress in retaliation for her participation in a prior civil rights action against defendants. Knafel’s and Wuchich’s actions were consolidated by the district court on June 9, 1987. For the reasons that follow, we dismiss plaintiff Knafel’s appeal for lack of jurisdiction since there is no final judgment in the district court, and the district court’s purported certification under Fed.R.Civ.P. 54(b) was improper. Further, we affirm the district court’s grant of summary judgment dismissing plaintiff Wuchich’s action, as her cause of action is preempted under § 301 of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 185(a).

I.

A. Knafel’s Action

On February 27, 1986, Knafel filed a complaint in district court against five defendants, Pepsi Cola Bottlers of Akron, Inc. (“Pepsi”); Stanley Levin (“Levin”), the Vice-President and General Manager of Pepsi; James Davis (“Davis”), the Production Manager at Pepsi; General Cinema Corporation (“GCC”), a corporation which, together with Pepsi, bottled soft drinks for the Ohio area; and the Truck Drivers Local Union No. 348 (“the Union”). The complaint was framed in four counts, and Count I alleged a cause of action only against defendants Pepsi, Levin, Davis, and GCC. Knafel charged in Count I that she had been discharged by her former employers as a result of her involvement in a prior civil rights action against these defendants. She claimed that this retaliatory discharge occurred in violation of § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). The prior action, Knafel, et al. v. Pepsi Cola Bottling of Akron, Inc., et al., is referred to by the parties as Case No. 83-3534A.1

Count II alleged a cause of action only against the Union (not a party to this appeal) and charged that the Union had breached its duty of fair representation, although the complaint made no reference to § 301 of the LMRA. Knafel also alleged in Count II that the Union had violated Title VII by discriminating against her [1157]*1157in retaliation for her participation in the earlier action; viz., C83-3534A.

Counts III and IV were both pendent state law claims. In Count III, Knafel alleged a cause of action under Ohio Rev. Code § 4123.90, charging that her employers had retaliated against her for filing a workers’ compensation claim.2 In Count IV, Knafel alleged that defendants had intentionally caused her both personal and emotional injury by insisting she perform work which subjected her to injuries that defendants “intended or knew were substantially certain to occur as a consequence of such intentional conduct.” J.A. at 16-17.

Knafel began working at Pepsi in 1978 and worked primarily on the bottling line at the company through her termination on September 18, 1985. Apparently, Knafel experienced back problems and, as a result, was absent from the company from time to time on medical leave. Knafel alleged the company intentionally assigned her to projects which were calculated to aggravate her back condition, allegedly in retaliation for her participation in the action charged in Case No. 83-3534A. Knafel claimed that through a combination of her work assignments and job conditions, culminating with her termination, the defendants continued to retaliate against her and discharged her in violation of Title VII. Defendants, however, countered that Knaf-el was terminated solely for gross and excessive absenteeism and that all work assignments given to her were proper.3

B. Wuchich’s Action

On September 24, 1986, Wuchich filed an action in the Summit County Court of Common Pleas, Summit County, Ohio, against these same defendants (except the Union), alleging that the defendants had intentionally caused her harm in retaliation for her participation with Knafel in Case No. 83-3534A. Defendants removed the action to the district court where Wuchich’s action was later consolidated with the Knafel proceeding.

Wuchich is still employed by Pepsi. She claims that the situation of her present employment, including job assignments and supervisor comments, is intended to intentionally inflict harm upon her. Defendant Pepsi claims that any changes in Wuchich’s work assignments have been strictly the result of business necessities and, further, that Wuchich has not lost time at work or suffered any other monetary injury as a result of defendants’ actions.

C. District Court’s Judgment as to Knafel’s Action

On August 11, 1986, defendants Pepsi, Levin, Davis, and GCC moved for summary judgment against plaintiff Knafel. The court, on April 27, 1987, entered judgment, concluding first that Count I of the complaint, alleging a violation of Title VII, must be dismissed for lack of jurisdiction as to defendants Levin, Davis, and GCC because Knafel failed to name these three defendants as respondents in a charge of discrimination filed with the EEOC on October 25, 1985. The court found that a failure to name a defendant as a respondent before the EEOC strips the court of Title VII jurisdiction. The court, however, [1158]*1158denied defendant Pepsi’s motion for summary judgment as to Count I, and this aspect of Knafel’s complaint remained pending before the district court át the time of her appeal.

As to Count II, the court dismissed Knaf-el’s claims against the Union under § 301 of the LMRA for lack of jurisdiction because Knafel had not alleged that she had attempted to exhaust internal union remedies. The court, however, ordered that Knafel’s Title VII claim against the Union should proceed to trial, noting that the Union had failed to file a dispositive motion with the court. Thus, the court retained jurisdiction of the Title VII claim against the Union.

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Bluebook (online)
850 F.2d 1155, 5 I.E.R. Cas. (BNA) 1322, 135 L.R.R.M. (BNA) 2513, 1988 U.S. App. LEXIS 9241, 47 Empl. Prac. Dec. (CCH) 38,124, 1988 WL 68769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jean-knafel-karen-wuchich-v-pepsi-cola-bottlers-of-akron-inc-stanley-ca6-1988.