Norbuta v. Loctite Corp.

1 F. App'x 305
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 8, 2001
DocketNo. 98-4162
StatusPublished
Cited by33 cases

This text of 1 F. App'x 305 (Norbuta v. Loctite Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norbuta v. Loctite Corp., 1 F. App'x 305 (6th Cir. 2001).

Opinion

CLELAND, District Judge.

This employment discrimination case was brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(l) (“Title VII”); the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 623(a)(1) (“ADEA”); and the Ohio Rev.Code Ann. § 4112.02(A) (“the Ohio statute”). Plaintiff James Norbuta sued his former employer Loctite Corporation (“Loctite”), alleging discrimination on the basis of national origin in violation of Title VII and the Ohio statute, age discrimination in violation of the ADEA, and retaliation in violation of Title VII and the ADEA. The district court granted summary judgment as to all counts, finding that Norbuta had failed (1) to produce evidence sufficient to support a finding of national origin discrimination, (2) to offer any indication of age discrimination beyond his membership in the protected class, and (3) to make out a prima facie case of retaliation. Norbuta appeals the summary judgment holdings as to his national origin and age discrimination claims, arguing that he has produced evidence sufficient to survive summary judgment and reach a jury. We will affirm the judgment of the district court.

I.

The material facts are undisputed. James Norbuta, age 48, was born in the United States and resided in Cleveland, Ohio during the period at issue. Loctite, a specialty chemical company, hired him in 1981 as a regional sales manager, and he progressed through the ranks; by 1992, he held the position of Vice President for Food, Drug and Special Markets.

A 1992 reorganization, however, caused much change in the company. Loctite consolidated its automotive aftermarket, consumer, and industrial groups into its North American Group. Before the reorganization, Loctite employees in the United States, such as Norbuta, worked exclusively in the U.S., while employees in Canada worked exclusively in Canada. The reorganization disregarded the borders between the U.S., Canada and Mexico. In doing so, the reorganization changed the nature of the position of an individual named Gary Steele, who had been the general manager for Loctite Canada. Steele was born in Canada and resided there his entire life. After the reorganization, Steele became the general sales manager for the industrial business in Canada and five U.S. states. Notably, Steele had objected to the reorganization, believing that Loctite’s customers would be better served if he had responsibility over a Canadian sales group where salesmen could be responsible for calling on all three markets: the automotive aftermarket and consumer and industrial businesses.

This change in duties and relationships created the backdrop for Steele’s subsequent dissatisfaction with Norbuta. As a result of the reorganization, Norbuta became the general sales manager for the automotive aftermarket and consumer [308]*308businesses in Canada. The new position placed him at pay grade 20, the highest pay grade in the company. His office was in Warrensville Heights, Ohio. He was responsible for preparing sales presentations and performance reviews but spent the rest of his time with customers and sales persons and at trade shows. Although Norbuta lived in Ohio, over 50% of his working time was spent traveling in Canada at Loctite’s expense. His visits with customers and sales persons occurred exclusively in Canada. Of the time he spent in Canada, Norbuta estimated that 50% was spent in Toronto, 15% in western Canada, and the remainder in Montreal and Quebec City. During the year preceding his termination, Loctite spent over $15,000 for Norbuta’s flights to Toronto and Calgary, rental cars, and lodging expenses.

Dissatisfied with the structure of the company after the 1992 reorganization, Steele contemplated resigning, but Larry Gisondi, Executive Vice President for Loc-tite’s North American Group talked him out of it. At this point, Steele was not Norbuta’s supervisor, though Steele believed that Norbuta’s functions as a manager for Canadian sales should be under Steele’s control. Gisondi testified:

Q: Did [Steele] express any views as to whether he like (sic) Jim Norbuta working in Canada.

A. He didn’t.

Q: What did he say to you about that?

A: Well, he just said that he thought it would be better served if we integrated the sales group in Canada under his responsibility and had everyone call, one salesman on all three markets which, I explained to him, did not fit with what the corporate ... was trying to do which was really to segregate the Industrial Business, Automotive Business and the Consumer Business....

Q: During these discussions that you had with Gary Steele during that time frame, did he ever express any views as to whether he thought the Canadian operations should be run by Canadians? A: Every three months. This was a constant battle with him. He just didn’t like the setup.

Q: Every three months, you’re talking about during the period of time ’93 up to when you left?

A: Yes.

Steele explained that he interpreted the term “Canadian” to mean “[s]omebody from Canada or in Canada, the citizenship he holds is a Canadian citizenship.”

In early 1995, as part of Steele’s effort to remove Norbuta’s responsibilities in Canada, Steele submitted a proposed reorganization of the Canadian operations, which included the proposed names of persons in various positions but did not list Norbuta, Steele testified that he felt that customers would benefit from integrating the sales responsibilities over the industrial and automotive aftermarket and consumer sectors because customers could deal with one salesperson for all their needs, and salespeople would not compete against one another for sales on crossover products. In addition, Steele felt that the aftermarket and consumer salespersons should be trained in a program called the Encyclopedia of Selling, a multi-module program that Loctite had already implemented to train its industrial salespeople. Norbuta was not trained in this program.

In July 1995, the president of Loctite’s North American Group was replaced by Steve Merkel. Merkel decided to return the North American Group to the pre-1992 management model so that Loctite’s business in Canada, Mexico and the U.S. could be run locally. As part of the reorganization, Gary Steele was reappointed to the general sales manager position for [309]*309Loctite Canada that he had held until the 1992 reorganization. An announcement from Loctite’s Vice President of Industrial Sales in September 1995 stated:

In keeping with [North American Group’s] goals to be more responsive to customer/distributor needs, market opportunities/changes, and giving people the responsibility and the authority to solve problems quickly, the following changes will be effective immediately in the North American Industrial business: Gary Steele ... will become the General Manager for Loctite Canada. Gary will have responsibility for all functions and markets in the Canadian business (operations, finance, customer service, technical service, marketing, and sales, with the exception of Renato Foti who will continue to report to Chuck Evans). This once again unites the country allowing for a more responsive unit.

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Bluebook (online)
1 F. App'x 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norbuta-v-loctite-corp-ca6-2001.