Kouame v. DAL Global Servs., LLC

292 F. Supp. 3d 1154
CourtDistrict Court, W.D. Washington
DecidedFebruary 22, 2018
DocketCASE NO. C16–1857JLR
StatusPublished
Cited by1 cases

This text of 292 F. Supp. 3d 1154 (Kouame v. DAL Global Servs., LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kouame v. DAL Global Servs., LLC, 292 F. Supp. 3d 1154 (W.D. Wash. 2018).

Opinion

JAMES L. ROBART, United States District Judge *1156I. INTRODUCTION

Before the court is Defendant DAL Global Services, LLC's ("DGS") motion for summary judgment. (See MSJ (Dkt. # 26).) Plaintiff Koffi Kouame filed a response (see Resp. (Dkt. # 29) ), and DGS filed a reply (see Reply (Dkt. # 36) ). The court has considered the parties' submissions in support of and in opposition to the motion, the relevant portions of the record, and the applicable law. Being fully advised,1 the court GRANTS the motion and DISMISSES this case with prejudice for the reasons set forth below.

II. BACKGROUND

A. DGS's Retirement Benefit and Discipline Policy

Mr. Kouame brings an age discrimination case against his former employer, DGS. (See Compl. (Dkt. # 1-1) ¶¶ 3.1-3.2 (alleging a claim for age discrimination under RCW 49.60.180 ).) DGS, a subsidiary of Delta Air Lines, Inc. ("Delta"), provides various aviation services, including aircraft cabin cleaning, to numerous airlines at over 150 U.S. airports. (Moore Decl. (Dkt. # 28) ¶ 2.) DGS provides "travel privileges" as its sole retirement benefit to eligible employees. (Id. ¶ 7.) An employee is eligible for travel privileges if he has worked (a) at least ten years of consecutive service with the company and (b) is 52 years of age or older at the time he retires. (Id. ¶¶ 6-7.) The travel privileges benefit allows an eligible DGS retiree and his eligible family members (often referred to as "pass riders") to travel "standby" on Delta flights for free or at a reduced rate for the rest of the retiree's life. (Id. ¶ 6.) Flying standby "necessarily means that pass riders are boarded only if there are available seats after all revenue (or paying) passengers have been boarded. Consequently, Delta loses no revenue by boarding pass riders as the seats would otherwise be empty." (Id. ¶ 7.) The travel privileges are provided "at no cost to DGS "2 (Id. )

DGS's Employee Handbook lays out the company's disciplinary policy. (Id. ¶ 10, Ex. 1 ("Employee Handbook").) The Employee Handbook makes clear that "DGS does not have a progressive discipline process" and that disregarding job responsibilities "can result in disciplinary action up to and including termination." (Employee Handbook at 29-30.)3 Depending on the nature or severity of the offense, DGS may impose any of the following disciplinary actions: (1) verbal counseling; (2) written warning; (3) final written warning and/or *1157possible suspension; or (4) suspension pending a review for termination. (Id. at 30.) The Employee Handbook explains that "[s]ome actions are regarded as so serious by the Company that engaging in them may result in suspension pending disciplinary action or termination of employment." (Id. ) Three of those enumerated serious actions are "[r]efusing a work assignment," "[s]leeping on the job," and "[l]eaving a work assignment without expressed authorization." (Id. )

B. Mr. Kouame's Employment and Termination

DGS hired Mr. Kouame on July 17, 2006, as a Ramp Agent. (Compl. ¶ 2.1; Kouame Decl. (Dkt. # 30) ¶¶ 2-3.) Mr. Kouame was 51 years old at the time. (See Kouame Decl. ¶ 2.) On November 30, 2006, DGS issued Mr. Kouame a verbal counseling for not wearing steel-toed shoes in violation of DGS's uniform policy. (Lively Decl. (Dkt. # 27) ¶ 2, Ex. A ("Kouame Dep.") at 14:23-17:21; Lively Decl. ¶ 4, Ex. C (counseling form with Mr. Kouame's signature acknowledging incident).)

On February 3, 2015, DGS changed Mr. Kouame's job from Ramp Agent to Cabin Service Agent ("CSA"). (Id. ¶ 6.) CSAs work in teams of four or five to clean and service aircrafts between flights and aircrafts remaining overnight. (Moore Decl. ¶¶ 3-4.) The team's "Lead Agent" issues assignments to CSAs throughout their shifts. (Id. ¶ 4.) "CSAs are required to finish all of their assignments even when doing so causes them to work beyond their scheduled shift." (Id. ¶ 5.)

Shortly after Mr. Kouame began working as a CSA, on April 18, 2015, he was issued a final warning when the Station Manager, Florida Moore, observed him sleeping in the team van during a shift. (Id. ¶ 11; see also id. ¶ 13, Ex. 3 ("Final Warning Letter").) Mr. Kouame disputes that he was asleep during this incident (Resp. at 4-7) and that, regardless, he was entitled to be asleep at the time because he was on his lunch break (see id. ). Mr. Kouame does not dispute, however, that DGS cited him for this incident. (See id.; see also Final Warning Letter; Kouame Decl. ¶¶ 7-10.) DGS immediately suspended Mr. Kouame for this episode and provided him with a Final Warning Letter. (Kouame Decl. ¶ 8; Final Warning Letter.) The Final Warning Letter, dated May 1, 2015, advised Mr. Kouame:

Based on your poor job performance, you are being placed on Final Warning. It is imperative that you understand the seriousness of your situation and take immediate steps to improve your overall job performance. Any additional problems in this area, or any infraction of Company policy or failure to meet Company standards, will likely result in the termination of your employment.

(Final Warning Letter.) Mr. Kouame attests that he was not provided a copy of the Final Warning letter, nor was he advised that it was, in fact, a Final Warning Letter. (Kouame Decl. ¶ 10.) Mr. Kouame acknowledges, however, that he reviewed the letter (see id. ), and the letter expressly says that Mr. Kouame was "being placed on Final Warning" and was titled "SUBJECT: Final Warning Letter." (See Final Warning Letter (emphasis in original).) DGS allowed Mr. Kouame to return to work on May 13, 2015. (Kouame Decl. ¶ 10.) At this time, Mr. Kouame was about one year away from being eligible to retire with travel privileges. (See id. ¶ 3.) Upon returning to work, Mr. Kouame asked his managers about the possibility of early retirement, and they explained that early retirement was not allowed. (Id. ¶ 11.) Mr. Kouame then expressed his intent to retire as soon as he was eligible to several managers. (Id. )

*1158At 6:45 a.m. on August 29, 2015, when Mr. Kouame was nearing the end of his 10:30 p.m. to 7:00 a.m. shift, his team's Lead Agent, Clara Cabrera, instructed the entire team to service another aircraft. (Id. ¶ 12.) When the team arrived at the assigned gate, no plane was there. (Id. ) After the plane did not arrive for another ten minutes, the team told Ms. Cabrera to contact the dispatcher. (Id. ) The dispatcher-who gives the Lead Agent the team assignments (Moore Decl. ¶ 4)-told Ms. Cabrera to have her team assist another team (Kouame Decl. ¶ 12; Kouame Dep. 42:2-4). According to Mr. Kouame, Ms. Cabrera attempted to find out how far along the other team was on its assignment, but she was unsuccessful. (Kouame Decl. ¶ 12.) Mr. Kouame claims that Ms. Cabrera then instructed the team to "go to the break room and clean the van." (Id. ) It was "well after 7:00 a.m." when Mr.

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292 F. Supp. 3d 1154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kouame-v-dal-global-servs-llc-wawd-2018.