Occhione v. PSA Airlines, Inc.

886 F. Supp. 2d 736, 2012 U.S. Dist. LEXIS 48825, 2012 WL 1158633
CourtDistrict Court, S.D. Ohio
DecidedApril 6, 2012
DocketCase No. 3:11-cv-05
StatusPublished
Cited by3 cases

This text of 886 F. Supp. 2d 736 (Occhione v. PSA Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Occhione v. PSA Airlines, Inc., 886 F. Supp. 2d 736, 2012 U.S. Dist. LEXIS 48825, 2012 WL 1158633 (S.D. Ohio 2012).

Opinion

ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 50)

THOMAS M. ROSE, District Judge.

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (doc. 50), to whom this case was referred pursuant to 28 U.S.C. § 636(b), filed on March 2, 2012. Pursuant to Fed.R.Civ.P. 72(b) and 6(d), Plaintiffs objections were originally due on March 19, 2012. Upon Plaintiffs motion for an extension of time (doc. 51), the Court granted Plaintiff an additional fourteen days to file his objections, thereby setting a new deadline of April 2, 2012. To date, though several days have passed since the April 2, 2012 deadline, no objections have been filed. Therefore, given Plaintiffs failure to timely object to the Report and Recommendation under Fed. R.Civ.P. 72(b), the Court hereby ADOPTS said Report and Recommendation (doc. 50).

Accordingly, it is hereby ORDERED that Defendant’s motion for summary judgment (doc. 38) is GRANTED and judgment is entered IN FAVOR OF DEFENDANT.

This case is now CLOSED.

REPORT & RECOMMENDATION1 THAT: (1) DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DOC. 38) BE GRANTED; AND (2) THIS CASE BE CLOSED

MICHAEL J. NEWMAN, United States Magistrate Judge.

This case concerns a pilot in a First Officer position who, on two occasions, voluntarily applied to be promoted to Captain, but failed to pass the required basic flight skills test four times. Under the governing collective bargaining agreement, the airline had discretion to terminate his employment. The airline did so for safety reasons, as it had done for every other [739]*739pilot who had likewise failed the basic flight skills test multiple times.

Plaintiff — who is Caucasian and an Italian-born United States citizen — asserts that, under Title VII of the Civil Rights Act of 1964 and the Ohio Civil Rights Act, Defendant PSA Airlines, Inc. (Defendant or “PSA”) discriminated and retaliated against him based on his race, citizenship and national origin by failing to promote him and terminating him.2 Plaintiff also claims that he was subjected to a hostile work environment based on his national origin.

This matter is before the Court on Defendant’s motion for summary judgment (doc. 38), Plaintiffs memorandum in opposition (doc. 42), and Defendant’s reply (doc. 46). Having carefully reviewed the parties’ memoranda and supporting evidence, the Court finds that no genuine issue of material fact exists, and Defendant’s termination decision was neither discriminatory or retaliatory. Nor was Plaintiff subjected to a hostile work environment.

I. FACTUAL BACKGROUND3

A. The Parties

PSA, a regional airline and wholly owned subsidiary of U.S. Airways, operates 50-seat and 70-seat commercial jets, and is subject to Federal Aviation Administration (“FAA”) regulations. Fusi Deck ¶ 3, Doc. 38-3. Pursuant to FAA regulations, every commercial flight must have both a Captain and First Officer. Id. A Captain is first in command of the aircraft, crew and passengers, and is responsible for ensuring safe operation of the aircraft, as well as complying with PSA and FAA rules and procedures. Id. ¶ 5 & ex. 2. A First Officer is second in command and aids the Captain in performing his or her duties. See id. & ex. 1. A First Officer operates the aircraft only under the Captain’s supervision. Id.

A collective bargaining agreement (“CBA”) between PSA and PSA pilots’ union, the Air Line Pilots Association International (“ALPA”), provides the procedure for upgrading from First Officer to Captain. Id. ¶¶ 6, 10 & ex. 3. The First Officer undergoes classroom training and must pass an oral examination. Id. ¶ 8; Occhione Dep. 107-08, Doc. 38-2. Then, the pilot is trained in a simulator, and must successfully complete an evaluation in the simulator, referred to as a check ride. Fusi Deck ¶¶ 8-9; Occhione Dep. 98-100 & ex. 6-A. On each attempt to upgrade, the pilot has two opportunities to pass the check ride. Occhione Dep. 98-99 & ex. 6-A. Further, after each check ride, the pilot has an opportunity to be debriefed and review the procedures. Id. at 127.

[740]*740Under the CBA, if a pilot fails in his first attempt to upgrade, he or she will return to his former First Officer position if it is available, and must wait six months before bidding for an open Captain position. Fusi Decl. ¶¶ 10-11; Occhione Dep. 99. If a pilot fails in his or her second attempt to upgrade, it is in PSA’s discretion how to deal with the pilot.4 Id. ¶ 11 & ex. 3; Occhione Dep. 100-01. According to PSA, any such pilot is terminated or asked to resign. Fusi Decl. ¶ 13; Glenn Decl. ex. 6, Doc. 38-4.

Plaintiff was born in Italy, but attended aviation school in the United States. Occhione Dep. 23-24. He obtained a “Green Card” in approximately 2003 or 2004, and became a United States citizen in February 2009. Id. at 24-25.

B. Plaintiffs Early Employment at PSA

Plaintiffs employment with PSA began in July 2004. Id. at 58. Upon his hiring, PSA provided him with a copy of its NonDiscrimination and Non-Harassment Policy. See id. at 81-83; Glenn Decl. ¶ 3 & ex. 2.5 The Policy provides that employees should report any discrimination or harassment to the Employee Relations Specialist, Director of Human Resources, or PSA’s Company President. Glenn Decl. ex. 1.

Plaintiff underwent three months of training to become a First Officer. Occhione Dep. 62. During that training, Plaintiff testified that his instructor made facial expressions, indicating that he did not understand Plaintiffs questions, in front of the class. Id. at 94-95. Plaintiff also claims that Captain Gilliam, who administered Plaintiffs First Officer simulator training, raised his voice when Plaintiff did not understand him, and was harder on him than on others in his class. Id. at 115-16, 118. At that time, he did not believe these incidents were related to his national origin, however. Id. at 118.

In 2005, while Plaintiff was acting as the First Officer on a flight, the Captain drove the airplane off the runway into the grass with passengers on board. Id. at 64-66. The Captain and Plaintiff were both placed on paid administrative suspension. Id. at 68-69. Plaintiff felt that, during the investigation of the accident, he was treated as an inferior pilot due to his accent. Id. at 90-91. Specifically, he testified that the PSA officials: made “a slang joke about something with a gate”; stared and acted like they did not understand him when he attempted to explain what happened; and made some comments about Italy that he could not recall. Id. at 92-93.

In addition, Plaintiff testified that, some time between 2004 and 2007, Captain Gilliam asked him if he was getting experience at PSA in order to find employment overseas. Id. at 120-21.

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Cite This Page — Counsel Stack

Bluebook (online)
886 F. Supp. 2d 736, 2012 U.S. Dist. LEXIS 48825, 2012 WL 1158633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/occhione-v-psa-airlines-inc-ohsd-2012.