Opsatnik v. Norfolk Southern Corp.

335 F. App'x 220
CourtCourt of Appeals for the Third Circuit
DecidedJuly 7, 2009
DocketNo. 08-2177
StatusPublished
Cited by15 cases

This text of 335 F. App'x 220 (Opsatnik v. Norfolk Southern Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Opsatnik v. Norfolk Southern Corp., 335 F. App'x 220 (3d Cir. 2009).

Opinion

OPINION OF THE COURT

FUENTES, Circuit Judge:

Appellant Jeffrey Opsatnik (“Opsatnik”) appeals an order of the United States Dis[221]*221trict Court for the Western District of Pennsylvania granting summary judgment in favor of Norfolk Southern Corp. (“Norfolk Southern” or “NSR”) on his claim of unlawful discrimination based on his race, gender, or age. For the reasons set forth below, we will affirm the judgment of the District Court.

I.

Because we write exclusively for the parties, we only discuss the facts to the extent necessary for resolution of the case. Opsatnik is a Caucasian male over the age of forty. He worked as a locomotive engineer for Norfolk Southern or its predecessor for ten years.1 On September 8, 2004, he was the engineer on an NSR “key train” — a train containing cars carrying hazardous materials — operating between Toledo, Ohio and Conway, Pennsylvania, near Pittsburgh. En route, Opsatnik was instructed by a dispatcher to reduce the speed of the train to a maximum of forty mph in observance of weather-related speed restrictions.

Although Opsatnik did not follow the dispatcher’s instructions, the NSR train reached its destination without incident. Neither Opsatnik nor his conductor, however, properly secured the train upon returning to the yard. As a result, Norfolk Southern officials reviewed the on-board event recorder, which revealed that during the return trip, the train exceeded the forty mph speed limit eight times. Further, on two additional instances the train exceeded the normal authorized track speed of fifty mph.

Prior to this incident, Opsatnik had been disciplined by Norfolk Southern at least four other times. On April 24, 2001, Op-satnik received a ten-day deferred suspension for failure to take calls and for attempting to persuade another employee to falsify records. Then, on October 15, 2001, NSR cautioned Opsatnik for making a “shove move” without permission. On December 13, 2002, Norfolk Southern imposed a thirty-day deferred suspension on Opsatnik for a speed violation in the yard. Finally, on December 23, 2002, Opsatnik received a thirty-day deferred suspension for failing to report an injury.2

In connection with the September 8, 2004 incident, Opsatnik was charged with failure to properly secure a locomotive, improper train handling, and excessive speeding. Two weeks later, he was terminated by Norfolk Southern following a formal hearing before the terminal superintendent. Subsequent appeals by Opsat-nik’s labor union to the divisional superintendent and to the Special Board of Adjustment were unsuccessful.

Opsatnik does not deny that he disregarded the dispatcher’s instructions or that he operated the train at speeds in excess of the weather-related speed restriction. He argues, however, that his punishment was improper because it was motivated by his race, gender, or age.3 [222]*222He contends that Norfolk Southern disciplined him more severely than similarly situated African American, female, and younger employees who committed similar infractions. The District Court granted NSR’s motion for summary judgment, and this appeal followed.

II.

We exercise plenary review over the District Court’s grant of summary judgment. Albright v. Virtue, 273 F.3d 564, 570 (3d Cir.2001).4 In determining whether the grant of summary judgment was appropriate, we must review the burden-shifting analysis adopted by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Cases alleging unlawful discrimination are to proceed in three steps: the plaintiff must first establish a prima facie case that the act was discriminatory. Id. at 802, 93 S.Ct. 1817. The burden of production then shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the adverse employment action. Id. To prevail, the plaintiff must then prove by a preponderance of the evidence that the articulated reason was a pretext for discrimination. Id. at 804.

It is unnecessary to discuss prongs one and two of the burden shifting analysis. Assuming that Opsatnik could establish a prima facie case that the adverse employment action was discriminatory, we find that Opsatnik’s admitted and uncontested speed violation suffices to discharge Norfolk Southern’s subsequent burden to articulate a legitimate, nondiscriminatory reason for its action. Therefore, we will only consider whether the District Court erred as to Opsatnik’s burden of proving pretext. We have held that in order to survive summary judgment, a plaintiff must submit evidence “from which a fact-finder could reasonably either (1) disbelieve the employer’s articulated legitimate reasons; or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer’s action.” Fuentes v. Per-skie, 32 F.3d 759, 764 (3d Cir.1994).

III.

Opsatnik relies on the career service records of twenty-four current and former NSR and Conrail employees to prove that Norfolk Southern’s stated reason for terminating him was a pretext for discrimination. Opsatnik claims that these employees had disciplinary records similar to or worse than his but were not discharged by NSR. He argues that the District Court erred in holding that he could not compare himself to employees from other divisions or employees who had committed non-operational violations. Opsatnik claims that NSR’s company-wide disciplinary program allows for such comparisons to be made, and that the District Court was wrong to apply such a strict definition of “similarly situated.”

The District Court concluded that the twenty-four purported comparators could not be used for the purpose of demonstrating pretext because those employees were not similarly situated to Opsatnik. While “similarly situated” does not mean identically situated, the plaintiff must neverthe[223]*223less be similar in “all relevant respects.” Holifield v. Reno, 115 F.3d 1555, 1562 (11th Cir.1997). Which factors are relevant is determined by the context of each case, but often includes a “showing that the two employees dealt with the same supervisor, were subject to the same standards, and had engaged in similar conduct without such differentiating or mitigating circumstances as would distinguish then-conduct or the employer’s treatment of them.” Radue v. Kimberly-Clark Corp., 219 F.3d 612, 617-18 (7th Cir.2000) (citing Mitchell v. Toledo Hosp., 964 F.2d 577, 583 (6th Cir.1992); see also Johnson v. Kroger Co., 319 F.3d 858

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Bluebook (online)
335 F. App'x 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opsatnik-v-norfolk-southern-corp-ca3-2009.