Plumley v. Southern Container, Inc.

303 F.3d 364, 8 Wage & Hour Cas.2d (BNA) 65, 170 L.R.R.M. (BNA) 3049, 2002 U.S. App. LEXIS 18779, 83 Empl. Prac. Dec. (CCH) 41,188, 2002 WL 31016495
CourtCourt of Appeals for the First Circuit
DecidedSeptember 13, 2002
Docket01-2747
StatusPublished
Cited by101 cases

This text of 303 F.3d 364 (Plumley v. Southern Container, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Plumley v. Southern Container, Inc., 303 F.3d 364, 8 Wage & Hour Cas.2d (BNA) 65, 170 L.R.R.M. (BNA) 3049, 2002 U.S. App. LEXIS 18779, 83 Empl. Prac. Dec. (CCH) 41,188, 2002 WL 31016495 (1st Cir. 2002).

Opinion

SELYA, Circuit Judge.

This case poses a question of first impression: should compensation awarded for work-hours lost during an employee’s successful pursuit of a grievance count as “hours of service” within the meaning of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654 (1994)? The district court answered this question in the negative and, accordingly, entered judgment in favor of the employer. 1 We affirm.

*367 I. BACKGROUND

We present the facts in the light most favorable to the party opposing summary judgment (here, the plaintiff), consistent with record support. See McIntosh v. Antonino, 71 F.3d 29, 32 (1st Cir.1995).

In February of 1996, defendant-appellee Southern Container, Inc. (SCI) hired plaintiff-appellant John Plumley to work at its plant in Westbrook, Maine. Throughout his tenure, Plumley was part of a bargaining unit represented by Local 669 of the United Paperworkers International Union (the Union). At all times relevant hereto, SCI and the Union were parties to a collective bargaining agreement (the CBA) that included a standard grievance procedure. Under it, an employee who believed that he had been treated unfairly by SCI could file a grievance and expect a grievance committee elected by the Union to represent his interests. Any settlement between SCI and the grievance committee would bind the complaining employee. If SCI and the grievance committee could not resolve the dispute amicably, either side could take the matter to arbitration. The CBA stipulated that the parties (and the complaining employee) would be bound by the arbitrator’s decision.

Plumley invoked the grievance procedure no fewer than seven times during his tour of duty with SCI. One such occasion followed his discharge on March 21, 1998. The ensuing dispute reached the arbitration stage. Finding that the sanction imposed was overly harsh, the arbitrator vacated the dismissal in favor of a two-week suspension without pay. Ancillary to this determination, the arbitrator ordered SCI to compensate Plumley in full for the wages and benefits that he had lost during the period when his grievance was being processed (adjusted for the two-week suspension). Plumley received these emoluments — wages and benefits for a span of approximately six months — despite the fact that he had not worked for SCI during that interval.

The plant manager, Leo Parenteau, learned of the arbitral award on October 5, 1998. The next day, he sent Plumley a registered letter directing him to return to work on October 12. Plumley received the letter on October 7, but found the timing inconvenient. 2 He requested a brief delay, but Parenteau remained resolute.

On October 12, Plumley reported to work at SCI, but departed before completing his shift. The next day, he left a message stating that he would be either late or absent because he needed to see his ill father. Plumley did not report to work at all, but, rather, visited his father at a hospital in Boston. When Plumley arrived at the plant on October 14, Parenteau cashiered him for abandoning his duties. Plumley attempted to grieve the firing but the Union elected not to submit his grievance to arbitration.

So goes a rote story in modern labor-management relations — facts as routine as they are simple. The atypicality of this case is not apparent until certain elements are viewed through the prism of the FMLA, a federal statute that “entitle[s eligible] employees to take reasonable leave for medical reasons ... [including] the care of a child, spouse, or parent who *368 has a serious health condition.... ” 29 U.S.C. § 2601(b)(2). The statute allows such employees to take up to twelve weeks of unpaid leave for specified reasons during any twelve-month period without jeopardizing their employment security. Id. § 2612. It defines an eligible employee as one “who has been employed (i) for at least 12 months by the employer with respect to whom leave is requested ...; and (ii) for at least 1,250 hours of service with such employer during the previous 12-month period.” Id. § 2611(2)(A).

Seizing upon this language, Plumley filed suit against SCI in Maine’s federal district court, alleging that SCI violated the FMLA and the Labor Management Relations Act (LMRA), 29 U.S.C. §§ 141-197 (1994), when it terminated his employment on October 14, 1998. 3 SCI denied the material allegations of the complaint. In due season, Plumley moved for summary judgment.

In his motion, Plumley contended that he met the requirements for FMLA eligibility because he had worked full-time for SCI for more than one year and had provided more than 1,250 hours of service during the twelve months preceding the leave request. He arrived at the total number of hours by aggregating 851.25 hours actually worked up to March 21 (the date when he had been improvidently discharged) and the hours for which he was compensated under the arbitral award. In Plumley’s estimation, those hours — which corresponded generally to the work weeks from March 22 to October 11, 1998, minus the two-week suspension approved by the arbitrator — were, as a matter of law, hours of service within the compass of the FMLA (and, thus, brought his aggregate hours of service well over 1,250 for the relevant twelve-month period). Building on this foundation, he asseverated that SCI had violated the FMLA by firing him for taking leave to care for his ailing father. In the alternative, he theorized that SCI should be estopped from disputing his eligibility for coverage under the FMLA. Finally, he maintained that he had a right under the LMRA to recover from SCI since the Union had breached its duty of fair representation (DFR) by not submitting his grievance to arbitration.

SCI opposed this motion and simultaneously cross-moved for summary judgment, emphasizing that Plumley actually had worked fewer than 1,250 hours in the previous twelve months and thus did not meet the criteria for FMLA eligibility. In SCI’s view, this fact scuttled both the FMLA and DFR claims. The district court entered summary judgment in favor of SCI. This appeal followed.

II. ANALYSIS

The role of summary judgment is to look behind the facade of the pleadings and assay the parties’ proof in order to determine whether a trial is required. McIntosh, 71 F.3d at 33. In conventional summary judgment practice, the moving party has the initial responsibility of suggesting the absence of a genuine issue of material fact. Quintero de Quintero v. Aponte-Roque, 974 F.2d 226, 227-28 (1st Cir.1992). That entails supporting the motion, by affidavits, admissions, or other materials of evidentiary quality, as to issues on which the movant bears the burden of proof.

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Bluebook (online)
303 F.3d 364, 8 Wage & Hour Cas.2d (BNA) 65, 170 L.R.R.M. (BNA) 3049, 2002 U.S. App. LEXIS 18779, 83 Empl. Prac. Dec. (CCH) 41,188, 2002 WL 31016495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plumley-v-southern-container-inc-ca1-2002.