McClain v. Mack Trucks, Inc.

85 F.R.D. 53, 25 Fair Empl. Prac. Cas. (BNA) 1040, 29 Fed. R. Serv. 2d 154, 1979 U.S. Dist. LEXIS 8040
District Court, E.D. Pennsylvania·Decided December 12, 1979·No. Civ. A. No. 78-382·Published·Cited by 43 cases

Opinion

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

A manufacturer and distributor of heavy duty trucks, defendant Mack Trucks, Inc. (Mack) conducts business throughout the United States and in over seventy-five countries around the world. Mack maintains four American manufacturing and assembly plants, located in Hayward, California, Hagerstown, Maryland, Macungie and Allentown, Pennsylvania, where plaintiff obtained employment June 2, 1972. During the following seven months plaintiff was absent from work 37 days. During the 1973 calendar year plaintiff was absent from work 83 days. Mack notified him that such frequent absences would be unsatisfactory and that in the future medical excuses documenting his sickness would be required. Mack also requested plaintiff to provide personal medical records, but plaintiff refused to authorize release. When plaintiff’s absenteeism record failed to improve, Mack gave him a series of verbal reprimands; on February 1, 1974, for absence the prior day and failure to provide a satisfactory excuse, on March 12, 1974, for failing to report properly a series of absences from February 25 to March 8, and on April 2, 1974, for absence the prior day and failure to provide a satisfactory excuse therefor. By April 18, 1974, plaintiff had already been absent 41 work days in that calendar year, including ten days within the prior two-week period for illness, personal business and unexplained reasons. Accordingly, on April 18, 1974, Mack imposed a three-day disciplinary suspension. Plaintiff’s absences continued and on May 3, 1974, Mack imposed a two-week disciplinary suspension. Nonetheless, plaintiff’s absences continued and during 1974 he was absent a total of 173 work days. During the first three and one-half months of 1975 plaintiff was absent 54 work days. On April 16, 1975, Mack imposed a six-week disciplinary suspension for excessive absenteeism and warned plaintiff that if he failed to improve his attendance record he would be discharged. Irrespective of absences due to suspension, plaintiff missed 62 work days during the 1975 calendar year.

On December 22, 1975, Mack transferred plaintiff to its Macungie manufacturing and assembly facility. After a holiday shut-down, plaintiff was laid off on January 7, 1976, and recalled April 23, 1976. Of his first eight workdays plaintiff appeared only four times. Thereafter Mack imposed a 44-day disciplinary suspension for excessive absenteeism and failure to report absences. Once again Mack warned plaintiff that if his attendance record did not improve he would be terminated. Following this fourth suspension plaintiff returned to work at the Allentown facility. Although officials from the defendant union and Mack spoke to plaintiff concerning his excessive absenteeism following his return to Allentown, plaintiff’s poor record continued. During the final six months of 1976 plaintiff was absent, tardy or left work early a total of 37 times. During the first six weeks of 1977 plaintiff was absent, tardy or left work early seventeen times. Consequently, Mack terminated plaintiff’s employment February 21, 1977, for poor attendance. The union took plaintiff’s discharge to arbitration, but the award, dated [56]*56May 5, 1978, concluded that discharge had been for just cause.1

To vindicate his rights under the First, Thirteenth and Fourteenth Amendments and the Civil Rights Act of 1866, 42 U.S.C. § 1981, the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., plaintiff instituted this action in February 1978 against Mack and the United Auto Workers and Local 677 thereof. Plaintiff alleged that Mack retaliated against him for civil rights charges and actions which he filed against Mack and for his part in assisting other Mack employees in filing charges with the Pennsylvania Human Relations Commission. By discriminatory enforcement of company rules regarding medical excuses for absences and release of medical information to the company physician, disciplinary suspensions and involuntary termination of his employment Mack allegedly discriminated against plaintiff on account of his race. Plaintiff also accused Mack of discriminating against “members of the employee class on the basis of race” with respect to recruitment, hiring, seniority, discipline, discharge, employment opportunities and use of “unvalidated” educational and testing requirements. Against the unions plaintiff alleged that they failed to represent him adequately or fairly and that they engaged in conduct and practices discriminating against blacks because of their race in violation of the Labor Management Relations Act of 1947, 29 U.S.C. § 185. Plaintiff sought compensatory and punitive damages, declaratory and injunction relief, reinstatement and attorney’s fees.

Mack filed a motion to dismiss, which the Court granted as to Count One and all claims under 42 U.S.C. § 1983 2. The Court

also denied plaintiff’s motion for class action certification3. McClain v. Mack Trucks Inc., 81 F.R.D. 730 (E.D.Pa.1979). See also Peterson v. Lehigh Valley District Council, United Brotherhood of Carpenters and Joiners, 83 F.R.D. 474 (E.D.Pa.1979), Martinez v. Bethlehem Steel Corp., 78 F.R.D. 125 (E.D.Pa.1978), Hauck v. Xerox Corp., 78 F.R.D. 375 (E.D.Pa.1978) and Martin v. Easton Publishing Co., 73 F.R.D. 678 (E.D.Pa.1977). Shortly thereafter plaintiff filed requests for production of documents and interrogatories to Mack, which made timely objection to these discovery requests. Plaintiff then moved to compel answers and responses thereto. By order dated August 29, 1979, the magistrate directed counsel to confer and resolve their differences. By agreeing to limit the scope of discovery to the period from 1974 to 1977, the Allentown facility, its bargaining unit shop employees and to discharges and disciplinary actions for excessive absenteeism, the parties worked out most of the dispute. However, disagreement over one request for production of documents and ten interrogatories continued. By order dated October 4, 1979, the magistrate required Mack to provide in full all information and documents which plaintiff requested. Mack now appeals and seeks a more carefully tailored discovery order. Generally, Mack argues that the magistrate’s order is unreasonably broad with respect to time, geography, job classifications and employment practices. The requested discovery, urges Mack, seeks irrelevant information and documents not reasonably calculated to lead to discovery of admissible evidence and requires production of opinions and conclusions. Plaintiff contends that he drew each request and interrogatory carefully to obtain information es[57]*57tablishing Mack’s discriminatory attitudes toward Mm and other minorities.

Defining the scope of discovery, Fed.R.Civ.P. 26(b)(1) provides, in pertinent part, that

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McClain v. Mack Trucks, Inc., 85 F.R.D. 53, 25 Fair Empl. Prac. Cas. (BNA) 1040, 29 Fed. R. Serv. 2d 154, 1979 U.S. Dist. LEXIS 8040 (E.D. Pa. 1979).

85 F.R.D. 53 (McClain v. Mack Trucks, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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