Ma v. American Electric Power, Inc.

123 F. Supp. 3d 955, 2015 U.S. Dist. LEXIS 108537, 2015 WL 4922358
CourtDistrict Court, W.D. Michigan
DecidedAugust 18, 2015
DocketCase No. 1:13-cv-0089
StatusPublished
Cited by1 cases

This text of 123 F. Supp. 3d 955 (Ma v. American Electric Power, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ma v. American Electric Power, Inc., 123 F. Supp. 3d 955, 2015 U.S. Dist. LEXIS 108537, 2015 WL 4922358 (W.D. Mich. 2015).

Opinion

OPINION

ROBERT J. JONKER, Chief Judge.

This is a dispute between Plaintiff Mary Ma and Defendant American Electric Power (“AEP”) concerning Ma’s terminated employment from AEP. Ma asserts that AEP terminated her employment as retaliation for her safety reports and or other protected activity under the Energy Reorganization Act. Defendant AEP says the termination had -nothing to do with protected activity, but rather with Ma’s inability to work constructively with a team of engineers to implement management’s chosen solution to a disputed technical issue. The parties presented evidence and argued the merits of their positions at a bench trial beginning on November 4, 2014, and ending on November 14, 2014. At the close of the bench trial, the Court took the matter under advisement. The opinion constitutes the Court’s findings of facts and conclusions of law under Federal Rule of Civil Procedure 52.

I. BACKGROUND

Ma worked as an engineer, and later as a supervisor, for AEP from 2000 until her discharge on June 11, 2011. AEP is an entity licensed by the Nuclear Regulatory Commission that operates the Cook Power Plant in Bridgman, Michigan, where Ma worked. The Nuclear Regulatory Commission is the federal entity which [957]*957oversees licensees such as AEP. AEP is required by federal law to comply with various Nuclear Regulatory Commission Policy Statements concerning workplace safety and protocol at the Cook Power Plant.

Maintaining a safe workplace environment at AEP is not only a requirement of regulations, but also a standard of practice and basic common sense. Accordingly, AEP offers various internal mechanisms designed to enforce compliance. AEP has personnel that focus on human performance and industrial safety who hold daily meetings that involve discussion of safety at the plant. (R. 211, Tr. Vol. V at 900, PagelD # 4902.) An employee who is concerned about safety can raise a concern with her immediate supervisor, as well as any other supervisor or manager on the site. An employed also can raise a safety concern anonymously through AEP’s internal Employee Concerns Program. Moreover, AEP has a Corrective Action Program, which relies on a Condition Report process in which employees can anonymously file safety reports, identifying what they see as human errors and where the errors occur. AEP’s Condition Process is intended to and does promote reports — indeed, some 9,000 Condition Reports are submitted annually so that AEP can document potentially adverse conditions. In addition, any employee can address a safety concern through external channels, by filing a report with the Nuclear Regulatory Commission. In fact, the NRC has two full-time resident inspectors with offices physically present at the plant site.

AEP’s senior management were unanimous in their praise of AEP’s safety culture. Engineering Director Randy Ebright described the safety culture of AEP as a “self-improving culture and learning organization” where the engineers are “constantly striving to learn, to improve, and to get better.” Director Ebright testified that “pointing out or identifying gaps in either knowledge or performance are things that we [engineers] can take action on to strengthen the organization.” (R. 211, Tr. Vol. V at 856, PagelD #4858.) Director Ebright further testified that it was “absolutely” okay when co-workers pointed out other employee’s mistakes in condition reports. (R. 211, Tr. Vol. V at 856, PagelD #4858.) Vice President Mike Carlson testified that “there’s a recognition that we’re all human, mistakes get made, we’ve got processes in place to correct them.” (R. 211, Tr. Vol. V at 901, PagelD # 4903.)

That said, some AEP employees depicted the safety culture at AEP differently. Ma, for her part, believed that AEP was a place that was hostile to employees such as herself who raised safety issues, Engineer Bill Mammoser, Ma’s husband, for a time worked at AEP, and he agreed with his wife Ma’s view of AEP’s safety culture. Some of Ma’s direct reports, such as Engineer Andy Hawk, also tended to view things in a manner similar to Ma. In particular, Engineer Mammoser testified that he had refused to work on projects that in his view would have been used to advance what he saw as a solution that violated the Nuclear Regulatory Commission’s regulations.1 Notably, despite Engineer Mam-moser’s occasional refusal to participate in solutions on safety grounds, witnesses from AEP’s human resources department indicated that no one at AEP reported that Engineer Mammoser was insubordinate. Ñor did AEP take any adverse employment action against him. Similarly, there [958]*958were no reports that Engineer Hawk was insubordinate for refusing to participate in a solution. (R. 210, Tr. Vol. IV at 624, PagelD # 4607.) Ultimately, • the Court is satisfied that while personal feathers could and did get ruffled due to engineers disagreeing on the best approach to a problem, AEP’s culture, policies, and practices all point to the open and orderly processing of safety reports.

During Ma’s time as an employee at AEP, her performance was mixed. On the one hand, Ma was a talented engineer who received positive performance reviews. For example, in 2008 and 2009, AEP positively recognized Ma’s contributions to the company. In 2009, Ma received a highly-selective Key Contributor Award. In January 2011, Ma’s Manager, Yu Shen, submitted a positive review of Ma’s performance. And generally speaking, the AEP employees who worked under Ma testified that their experiences working with her were good ones. For instance, one of Ma’s direct reports, Engineer Hawk, praised Ma’s acumen and spoke highly of her. And Engineer James Hawley, who for a time worked in a particular engineering group with Ma, described her as a “hard worker” who was very “engaged in collegial discussions.” (R. 209, Tr. Vol. Ill at 409, PagelD # 4337.)

On the other hand, Ma also had a series of interpersonal conflicts with other employees at AEP, particularly those who worked in groups other than her own. These interpersonal conflicts went beyond just an uncomfortable relationship between colleagues, and seriously compromised the ability of some individuals to work together. For instance, Ma and Supervisor Keith Steinmetz had interpersonal conflicts during Ma’s time at AEP. Ma expressed dissatisfaction with , Supervisor Steinmetz’s work product, stating that his “fundamentals” were too “deficient” to warrant his continued participation in the resolution of an issue where he and Ma disagreed. Ma also did not get along with Engineer Greg Hill; their relationship was marked by several altercations indicating that the two had no personal affection for each other. Again, this animosity seriously undermined the ability of these individuals to work together, as Ma stated that Engineer Hill should “not be in the loop for current licensing basis matters,” which, broadly speaking, relate to the overall design of the Cook Power Plant.

This created untenable circumstances that adversely affected the groups’ ability to collaborate on error resolution, and in turn, the promise of safe working conditions at AEP, The interpersonal conflicts served to cultivate the impression among many of Ma’s colleagues that she was not a team player. For instance, Chief Nuclear Counsel and Regulatory Affairs Manager Jim Petro testified that when it came to Ma, “everything in her view was an us and a them.” (R. 210, Tr. Vol.

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123 F. Supp. 3d 955, 2015 U.S. Dist. LEXIS 108537, 2015 WL 4922358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ma-v-american-electric-power-inc-miwd-2015.