Napier v. Weyerhauser, Inc.

766 F. Supp. 1574, 1991 U.S. Dist. LEXIS 17500, 55 Fair Empl. Prac. Cas. (BNA) 1458, 1991 WL 126160
CourtDistrict Court, M.D. Georgia
DecidedMay 2, 1991
DocketCiv. A. No. 89-215-2-MAC (WDO)
StatusPublished
Cited by1 cases

This text of 766 F. Supp. 1574 (Napier v. Weyerhauser, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Napier v. Weyerhauser, Inc., 766 F. Supp. 1574, 1991 U.S. Dist. LEXIS 17500, 55 Fair Empl. Prac. Cas. (BNA) 1458, 1991 WL 126160 (M.D. Ga. 1991).

Opinion

ORDER

OWENS, Chief Judge.

Mr. Albert Napier (“plaintiff”) filed the present action on June 28, 1989, against his employer, Weyerhauser, Inc. (“Weyerhauser”), under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”). A non-jury trial was held in this court on January 28-29, 1991. The court, having considered the arguments of counsel and the record as a whole, hereby makes the following findings of fact and conclusions of law.

FACTS

Weyerhauser opened a plant in Macon, Georgia (“the plant”) in 1979. The plant produces several types of disposable baby diapers and has in the past produced similar products such as adult incontinent products and sanitary napkins. The process of production essentially involves the utilization of a wood pulp product which is incorporated into sealed products and packaged for shipment.

Mr. Tom Scott (“Scott”) is the plant manager. During a tour of the facility and at trial he explained that the lines workers are principally responsible for overseeing the operation of the machines and/or placing the finished diaper products into packages for shipment. The actual production of the diapers from raw material to finished, folded product is fully mechanized. In addition to employees who work directly on the production line — line workers, operators, and assistant operators — the plant also employs utility workers, reclamation [1576]*1576workers, and supervisory staff. The positions of operator and assistant operator as operating line level positions are among the higher, more lucrative, and more demanding positions on the production floor.1

Each operator is responsible during his/her eight-hour shift for keeping the production of his/her line at a level commensurate with standards set by Weyerhauser’s national office in Seattle, Washington (“the corporate office”). These standards are accounting standards dictated to the plant from the corporate office (“production standards”). The corporate office changes the production standards from time to time based upon evaluation of the complexity of the product and the length of the production line required to produce a finished product and the production levels required to maintain profit margins suitable to the corporate office. Weyerhauser’s production supervisor at the plant, Mr. Barry Justice (“Justice”), testified that these standards are not subject to variation by management at the plant based on technological changes and problems or day-to-day production system variations at the plant; the standards are periodically changed only by directive from the corporate office based upon its profit margin analysis.

The three production standards to determine performance on a particular product are “Production, Downtime, and Waste.” An employee’s performance as it compares to the production standards is calculated over the employee’s eight-hour shift; supervisors are periodically given printouts of each employee’s production performance figures — weekly, monthly, quarterly, etc. Each type of product has separate production standards, i.e., sanitary napkins were subject to different standards from those set for disposable diapers. If a machine begins running a different product, the production standard changes as well.

The standards are developed and evaluated as follows:

1. Production is determined by taking the number of diapers actually produced during an employees eight-hour shift and dividing that number by the number of diapers in a “standard case” or 180 diapers.2 The quotient reflects the number of standard cases produced per hour.
2. Downtime takes the number of minutes during which a particular machine is actually operating and producing the product and divides that number by the 480 minutes of available time in an eight-hour shift. The quotient reflects the percentage of time when a machine was not operating — Downtime.3
3. Waste is calculated by subtracting the number of marketable diapers actually produced from the number of diapers which the corporate office determined should be produced during an eight-hour shift. The difference is Waste.4

Line operators are informed periodically with regard to their performance as it compares to the production standards set for their line. While ability to meet production standards is an important factor in evaluat[1577]*1577ing employees, Justice testified that there is no set formula directing a supervisor’s decisions with regard to whether an employee is performing adequately. This determination is subject to a number of other subjective factors as well. He testified:

Production standards are just one of the variables that’s (sic) used in determining where to — how to handle a crew leader [operator]____ Generally speaking, a crew leader [operator] is never written up just for these figures____ There’s other factors that come in factor (sic) with it. You don’t just write ’em up based on these figures; this is not the whole thing. There’s just too many variables just to take [production standards] and write some one up with [them].

Non-Jury Trial, January 28-29, 1991.

Justice explained that while the corporate production standards were reevaluated and changed only approximately once a year, the standards did not allow for the constant changes in technology and consumer demand. These other factors, as well as mechanical problems, an operator’s ability to identify the source of the problems quickly, and problems with personnel were not used in developing the production standards. A supervisor, in order to be fair, had to take such additional factors into consideration when evaluating an employee. Justice continued:

If it was a constant, never-changing operation, then you could say “okay, if you don’t make your Downtime 80% of the time, and your Waste 80%, and your cases 80% of the time, then we’re gonna write you up.” But because we’re changing so much, there is a lot of subjectivity in being a supervisor as to what’s reasonable.

Id.

Justice testified that the only really structured system guiding the criteria used in imposing disciplinary action were the progressive levels of the types of disciplinary action to be implemented. He stated:

The general rule is the employee [is given] an oral warning, then a written warning, then a suspension, then termination. However, for certain types of violations you may very well skip. In fact, for certain violations you would terminate the employee on first offense.

Id. Justice admitted that a supervisor’s evaluation of a particular employee’s work was an essentially subjective process based upon several varying factors.

Plaintiff was one of Weyerhauser’s first employees; he was hired as an assistant operator in March of 1979. Justice testified that plaintiff was a loyal and responsible employee. Plaintiff became an operator in 1980; in this capacity he rotated between lines 1 and 2. Despite plaintiff’s efforts, plant supervisors were not pleased with plaintiff’s inadequate performance on these lines. On November 10,1980, Justice held a meeting with plaintiff during which Justice pointed out

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766 F. Supp. 1574, 1991 U.S. Dist. LEXIS 17500, 55 Fair Empl. Prac. Cas. (BNA) 1458, 1991 WL 126160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/napier-v-weyerhauser-inc-gamd-1991.