Morgan v. United Parcel Service of America, Inc.

169 F.R.D. 349, 1996 U.S. Dist. LEXIS 20514, 77 Fair Empl. Prac. Cas. (BNA) 165, 1996 WL 651226
CourtDistrict Court, E.D. Missouri
DecidedOctober 30, 1996
DocketNo. 4:94-CV-1184 (CEJ)
StatusPublished
Cited by39 cases

This text of 169 F.R.D. 349 (Morgan v. United Parcel Service of America, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morgan v. United Parcel Service of America, Inc., 169 F.R.D. 349, 1996 U.S. Dist. LEXIS 20514, 77 Fair Empl. Prac. Cas. (BNA) 165, 1996 WL 651226 (E.D. Mo. 1996).

Opinion

MEMORANDUM

JACKSON, District Judge.

This matter is before the Court on the renewed motion of the plaintiffs for class certification. See Fed.R.Civ.P. 23. Aso before the Court is the motion of the plaintiffs to bifurcate the trial. Ater careful review of the evidence presented by the parties during a nine-day hearing, the Court concludes that the plaintiffs have satisfied the Rule 23 prerequisites only in regard to center manager level employees and, accordingly, the Court will conditionally certify the proposed classes only as to these employees.

Plaintiffs bring this action pursuant to the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”), and 42 U.S.C. § 1981 alleging individual and class claims of employment discrimination.1

I. BACKGROUND

In Count I, plaintiffs Leslie Morgan and Kenneth Stacker claim that the defendants2 [353]*353have violated Title VII by discriminating against black salaried employees nationwide in the implementation of pay and promotion policies. Specifically, the plaintiffs allege that the defendants systematically promote black salaried employees more slowly and in smaller numbers than white salaried employees. The plaintiffs allege that through subjective selection procedures the defendants retard and limit the advancement of black salaried employees. As a result, the plaintiffs allege that black salaried employees “peak” at the position of center manager or below. The plaintiffs further allege that black center managers are paid less than similarly-situated white center managers. The plaintiffs allege that these practices are the result of a nationwide policy of discrimination.

With respect to the Title VII claims, the plaintiffs seek to certify two classes. First, in regard to the claim of denial of overall upward mobility, the plaintiffs seek certification of the following class:

All black salaried employees of UPS nationwide employed at any time between December 20, 1991 and the date of judgment in a full-time salaried position at the level of supervisor or higher and who had at least five years’ tenure at UPS as of the date of judgment, and who worked during their tenure at UPS in a position in Operations (Package, Hub, Feeder, Air) or Human Resources.

Second, in regard to the claims of unequal working conditions and unequal pay the plaintiffs seek certification of a class comprised of:

All black salaried employees of UPS nationwide employed at any time between December 20, 1991 and the date of judgment in a full-time salaried position, who worked at any time during their tenure at UPS in a position in Operations (Package, Hub, Feeder, Air) or Human Resources.

In Count III, plaintiffs Morgan, Stacker and Theodore Boldin allege that they, and the classes they seek to represent, have been denied overall upward mobility and have been subjected to unequal pay and discriminatory working conditions in violation of 42 U.S.C. § 1981. Specifically, the plaintiffs allege that the defendants have refused to contract with black salaried employees for positions above the center manager level. The plaintiffs claim that this refusal has denied them the opportunity to participate in stock option purchase programs and in decisionmaking regarding the promotion of salaried employees.

With respect to the § 1981 claims, the plaintiffs seek to certify two classes. First, in regard to the claim of denial of overall upward mobility the plaintiffs seek certification of the following class:

All black full-time salaried employees of UPS nationwide who worked on or after June 17,1989, who held a position in Operations (Package, Hub, Feeder, Air) or Human Resources at some time during their tenure at UPS and who worked for UPS for eight years without or before becoming a division manager level employee.

Second, with respect to the claims of unequal pay and discriminatory working conditions the plaintiffs seek certification of a class comprised of:

All black salaried employees nationwide employed at any time on or after November 21,1991 and the date of judgment in a full-time salaried position and who worked at any time during their tenure at UPS in a position in Operations (Package, Hub, Feeder, Air) or Human Resources.

Because the plaintiffs seek to certify nationwide classes, a brief description of the organizational structure of defendant United Parcel Service, Inc. (“UPS”) is instructive. UPS has eleven geographical regions in the United States. A region manager presides over each of the eleven regions. Each region has approximately six districts. For example, the UPS West Region includes the Missouri, Iowa, Northern Plains, Kansas, Minnesota and Rocky Mountain districts. A district manager presides over each district. Each district is subdivided into divisions which are responsible for different aspects of the defendants’ business operations. Each division has a division manager who reports to the district manager. The divisions that are responsible for the pickup, sorting and delivery of packages are called package oper[354]*354ations divisions. Each district has several package operations divisions. For example, in the Missouri District there are seven package operations divisions each of which is responsible for a designated geographic area within the district. Within each package operations division are six to eight package operations centers each supervised by a center manager. The entry-level management position at UPS is supervisor. Supervisors report to center managers.

The named plaintiffs are or were center managers for UPS in the Missouri District who claim they were not promoted as quickly as similarly-situated white employees. They further allege that they were denied promotions beyond the center manager level because they are black.

UPS vests authority in district managers to promote employees to managerial positions at the level of division manager and below. In making these decisions, each district manager utilizes a procedure known as “People’s Meetings.” During these meetings, held twice a year in each district, information is presented on each supervisor and center manager in the district. While the individual’s performance and readiness for promotion is discussed, a color photograph of the person is displayed. As a result of the meeting, a list is compiled of the employees deemed most ready for promotion. When a promotional opportunity arises, the district manager consults the list and determines who will receive the promotion. The decision to promote a division-level manager to a higher position is made outside of the district.

UPS evaluates its employees using the Career Development Management Appraisal (“CDMA”) which is copyrighted by UPS and is used nationwide. Each managerial employee uses the CDMA to evaluate the employees he or she supervises.

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169 F.R.D. 349, 1996 U.S. Dist. LEXIS 20514, 77 Fair Empl. Prac. Cas. (BNA) 165, 1996 WL 651226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-united-parcel-service-of-america-inc-moed-1996.