Rabé v. United Air Lines, Inc.

971 F. Supp. 2d 807, 2013 WL 5433251
CourtDistrict Court, N.D. Illinois
DecidedSeptember 30, 2013
DocketNo. 08 C 6012
StatusPublished
Cited by15 cases

This text of 971 F. Supp. 2d 807 (Rabé v. United Air Lines, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rabé v. United Air Lines, Inc., 971 F. Supp. 2d 807, 2013 WL 5433251 (N.D. Ill. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, United States District Judge

Plaintiff Laurence H. Rabé worked as a flight attendant for Defendant United Airlines, Inc. (“United”) from 1993 until 2008, when she was terminated after an investigation revealed she had violated United’s rules governing the use of employee travel tickets. Plaintiff claims that United terminated her employment based on her age, national origin, sexual orientation, and in retaliation for complaints about employee discrimination. Rabé seeks to recover under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq. (“Title VII”); the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”); and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. (“IHRA”). United moved for summary judgment on all counts. For the reasons explained below, Defendants’ motion for summary judgment [110] is granted.

[812]*812 BACKGROUND

Plaintiff, born on April 5, 1967, is a French citizen and a lesbian. (PL’s Rule 56.1(B)(3) Resp. to Statement of Undisputed Facts [146], hereinafter “PL’s 56.1,” ¶ 2.) United initially hired Plaintiff in November 1993 to work as an international flight attendant based at the Charles De Gaulle Airport in Paris. (Id. ¶ 4.) In 1997, she voluntarily transferred to work as an international flight attendant from United’s Hong Kong base. (Id.) Plaintiff took a voluntary furlough from her employment with United in May 2002, and remained on furlough until she was recalled by United in early August 2005. (Id. ¶ 6.) After her return to United in August 2005, Plaintiffs supervisors in Hong Kong were Josephine Lau and Alwin Fernandes; the Hong Kong base managers were Lisa de la Fleur and Jennifer Wissig. Though she had returned from furlough, Plaintiff worked only three round-trip flights, all based from the Hong Kong base, from August 2005 to September 2007, when Fernandes prohibited Plaintiff from working pending an investigation of her travel (discussed below). (Id. ¶ 7.) Plaintiff worked only three trips during that two-year period, because, as permitted by the terms of the collective bargaining agreement (“CBA”) between United and the Association of Flight Attendants (“AFA”), she allowed others to fly her assigned flights. (Id. ¶¶ 5, 7.)

I. United’s BP-3 Travel Policies

United routinely provides its flight attendants with “non-revenue positive space business passes,” or tickets, for specific purposes. (Id. ¶ 8.) One such type of ticket, a BP-3 pass, guarantees an attendant a free seat that is removed from inventory, that cannot be bumped due to customer demands or flight attendant seniority, and for which the service fee and/or taxes are paid by United. (Id. ¶ 9.)1 Pursuant to Section 22.L.1 of the CBA, BP-3 passes are issued for specific, limited purposes, including (1) “Purser BP-3” tickets to enable pursers2 to attend mandatory training meetings and (2) “Annual BP-3” passes to facilitate employees’ return to their former domicile or place of residence annually to conduct personal business. (Id. ¶¶ 8, 16.) United requires BP-3 travel to be approved by a supervisor or coordinator, and forbids “deviation without authorization” from approved BP-3 ticketed trips. (Id. ¶¶ 12-13.) The authorized routing for a BP-3 ticket is generally the most direct routing to and from a destination. (Id. ¶ 12.) Defendant asserts that Plaintiff violated company policies by improperly using Purser BP-3 passes and Annual BP-3 passes that the company issued to her. (Def.’s Rule 56.1(B)(3) Statement of Undisputed Facts [112], hereinafter “Def.’s 56.1,” ¶¶ 37-42.) Specifically, Defendant contends that flight attendants may not “drop legs” of a BP-3 authorized trip (that is, fail to board a flight for which a BP-3 ticket has been issued), but Plaintiff insists that there was no such policy and that “United has failed to discipline scores of employees who have failed to board all portions of BP-3 authorized travel.” (Id. ¶ 13.) It is undisputed that Plaintiff was the first Hong Kong flight attendant disciplined for allegedly misusing BP-3 passes. (PL’s Opposition to Mot. for Summ. J. [145], hereinafter “PL’s Opp.,” at 5.) Plaintiff asserts that United [813]*813was aware of BP-3 abuse prior to Plaintiffs termination based on two pieces of evidence: (1) a 2005 e-mail from de la Fleur to other managers in which de la Fleur suggested that employees may have been inappropriately saving BP-3 passes for the December holiday season (id at 3); and (2) a 2007 e-mail correspondence between individuals investigating Plaintiffs alleged misuse of BP-3 passes (discussed below), in which one investigator suggests Rabé should be held accountable “if she can not substantiate her actions even though we haven’t done that consistently in the past.” (Id. at 6.)

A round-trip Annual BP-3 pass is granted to each flight attendant who voluntarily transfers to an international domicile, as Plaintiff did, to enable the attendant to conduct personal business at the location of his or her former residence once a year. (Id. ¶ 17.) Defendant asserts that a flight attendant’s former place of residence is determined by her place of residence at the time she transferred. (Def.’s 56.1 ¶ 17.) A letter written by Frank Colosi, Director of Labor Relations, to United’s “Managers Onboard Service”3 in April 1999 specified that: (1) Annual BP-3 passes must be issued for travel between the same two locations; (2) such passes may only be issued for travel between a flight attendant’s new domicile or place of residence and the old domicile or place of former residence as recorded in the United company records; (3) the location of a former residence is determined by the primary permanent address of record at the time of transfer or the prior domicile location, if different; (4) passes should be written using the most direct route; (5) once a destination is identified, all subsequent passes must be to that same location for the entire duration of the transfer; (6) passes may not be altered; (7) passes may not be “split” (i.e., the employee may not use one segment for one trip and the other at a later time); and (8) alteration and/or abuse of the Annual BP-3 passes will result in disciplinary action, up to and including discharge. (Pl.’s 56.1 ¶ 18.) Lau, one of Plaintiff’s supervisors in Hong Kong, testified that she had received the letter in 1999, but did not disseminate it to the flight attendants she supervised.4 (Lau Dep., Ex. B to Def.’s App. of Evidentiary Materials in Supp. of its Mot. for Summ. J. [114], hereinafter “Defi’s App.,” at 108:20-109:9.) Plaintiff claims never to have seen the letter herself. (Pl.’s 56.1 ¶ 18.)

United provides all flight attendants with a Flight Attendant Operations Manual (“FAOM”) containing rules, policies, and procedures. (Id. ¶ 19.) The FAOM specifies that, absent mitigating factors, a flight attendant will be terminated for abuse or misuse of travel benefits. (Id. ¶ 20.) Plaintiff admits that it was her responsibility to seek clarification regarding United’s travel policies if she did not understand them or needed clarification.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
971 F. Supp. 2d 807, 2013 WL 5433251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabe-v-united-air-lines-inc-ilnd-2013.