Rivera v. Thurston Foods, Inc.

933 F. Supp. 2d 330, 2013 WL 1149940, 2013 U.S. Dist. LEXIS 37647
CourtDistrict Court, D. Connecticut
DecidedMarch 19, 2013
DocketCivil No. 3:11cv893 (JBA)
StatusPublished
Cited by9 cases

This text of 933 F. Supp. 2d 330 (Rivera v. Thurston Foods, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rivera v. Thurston Foods, Inc., 933 F. Supp. 2d 330, 2013 WL 1149940, 2013 U.S. Dist. LEXIS 37647 (D. Conn. 2013).

Opinion

RULING ON CROSS — MOTIONS FOR SUMMARY JUDGMENT

JANET BOND ARTERTON, District Judge.

Pending before the Court are the parties’ cross-motions [Doc. ## 64, 69] for summary judgment on Plaintiffs claims of race discrimination under 42 U.S.C. § 1981 (Count One), unlawful retaliation under § 1981 (Count Two), intentional infliction of emotional distress (Count [333]*333Three), race discrimination under Title VII, 42 U.S.C. § 2000e et seq. (Count Four), retaliation under the Connecticut Fair Employment Practices Act (“CFE-PA”), Conn. Gen.Stat. § 46a-60 et seq. (Count Five), retaliation under Title VII (Count Six), and race discrimination under the CFEPA (Count Seven). These claims arise from the circumstances of Plaintiffs employment as a commercial truck driver and his termination by Defendant.

For the reasons discussed below; because Defendant has demonstrated that there are no material facts in dispute from which a jury could find in Plaintiffs favor, Defendant’s motion [Doc. # 69] is granted and Plaintiffs motion [Doc. # 64] must be denied.

I. Factual Background

Plaintiff was hired to work at Thurston Foods as a truck driver in June 2007. Plaintiffs assertion that he was hired as a “Class A” driver because he had a Class A Commercial Driver’s License (see Pl.’s Dep., Ex. A to PL’s Loe. R. 56(a)l Stmt [Doc. #65]), is disputed by Defendant, who contends that notwithstanding his class A license, he was hired as a “Class B” driver.1 (See Ex. A to Affidavit of Patrick Thurston (“P. Thurston Aff.”), Ex. 2 to Def.’s Loe. R. 56(a)l Stmt [Doc. # 70].) The base rate of pay for Class B drivers is $140.00 per day, and $150.00 per day for Class A drivers. (See P. Thurston Aff., ¶ 9; see also Ex. B to P. Thurston Aff.) Employees who are Class A drivers are paid higher base rates because they drive trailer trucks — which are “more difficult to drive than a straight truck,” which are driven by Class B drivers. (See P. Thurston Aff. ¶ 8.) When Class B drivers drive Class A tractor trailers, they are paid at the higher Class A base rate. (See id. ¶ 9.)

Patrick Thurston, the Director of Human Resources at Thurston Foods attests that “[t]he opening for which Plaintiff applied was that of a Class ‘B’ Driver and, at the time of his hiring, Defendant did not have any need for a Class ‘A’ Tractor Trailer Driver.” (Id. ¶ 10.) Plaintiff offers his deposition testimony to dispute Defendant’s assertion that he was hired as a Class B driver, as reflected in Defendant’s business record from his personnel file that he was hired a Class B driver. Absent any showing that Plaintiff had contrary documentation, or was in a position to have contrary information as to which class driver he was actually hired as, his personal testimony is insufficient rebuttal.

A. Alleged Discrepancies in Pay Rate

On certain occasions when Plaintiff drove tractor trailer Class A trucks, and was to be compensated at the higher daily pay rate of $150.00, Plaintiff states that he was paid the lower rate and that he had to complain. (PL’s Dep. at 13.) Greg Kastukevich, Plaintiff’s direct supervisor starting sometime in 2010, states that

[t]here were times when the Plaintiff came to me and complained that, although he had driven a tractor trailer on a particular occasion, he had been paid the daily base rate of pay for driving a straight truck. On some occasions, we found that Plaintiff was right and these inadvertent errors in the Plaintiffs pay ... were corrected. More often than not, I would adjust for the discrepancy [334]*334in Ms pay by adding the $10.00 daily differential in pay to another day when he drove a straight truck and pay him at $150.00 instead of $140.00. I would give Payroll a copy of the Week End report ... and then Payroll would process this Report.2

(Affidavit of Greg Kastukevich (“Kastukevich Aff.”), Ex. 3 to Def.’s 56(a)l Stmt ¶ 8.) ■

Meg Jakiela, Director of Personnel for Defendant, worked on payroll, and confirms that there were occasional “errors” with respect to Plaintiffs pay rate, stating:

There were times when the Plaintiff came to me and complained that, although he had driven a tractor trailer on a particular occasion, he had been paid the daily base rate of pay for driving a straight truck. On some occasions we found that Plaintiff was right and this inadvertent error was corrected.... [I]t is my recollection that in many cases the correction was made with an upwards adjustment to the Plaintiffs incentive pay.... In other cases, the Plaintiffs supervisor would fix the discrepancy in the Plaintiffs pay on a day when the Plaintiff drove a tractor trailer .by adding this $10.00 daily differential in pay to another day when the Plaintiff drove a straight truck.

(Jakiela Aff. ¶ 10.)

On July 21, 2010, Plaintiff sent a letter to Thurston Foods’ CEO Peter Malone addressing his “base pay” issue. (See July 21, 2010 Letter to Peter Malone, Ex. E to Pl.’s 56(a) 1 Stmt.) In the letter, Plaintiff wrote:

I was hired in July 2007 as a Class “A” driver with a Class A License by Andy Kastonhuber when I first started working here.... Several times I’ve asked for different runs and to be placed permently [sic] in a tractor trailer, and have always been given the run around, being put back and forth told I have to wait until a run opens up. Then Andy left his position as driver supervisor and Greg K was hired. I brought this matter to Greg’s attention several times already, the Greg placed me in a tractor trailer almost every day now, but has not changed my base pay rate. I have requested my base pay rate be changed to that of a Class A driver with a Class A base rate pay, just like every other driver here at Thurston Foods who holds a Class A License as the rule book states.

(Id. (emphasis in original).)

After receipt of Plaintiffs letter, CEO Peter Malone and Patrick Thurston discussed Plaintiffs position. (See P. Thurston Aff. ¶ 14; see also Affidavit of Peter Malone (“Malone Aff.”), Ex. 6 to Def.’s 56(a)l Stmt ¶¶ 5-7.) Peter Malone states that

Greg explained that, contrary to the assertion in the Memorandum, the Plaintiff had been hired as a Class “B” Straight Truck Driver, not as a ’ Class “A” Tractor Trailer Driver and had been compensated at the correct and appropriate rate for this position.... During my conversation with Greg- regarding the Plaintiffs Memorandum, Greg also confirmed, however, that the Plaintiff, most recently, had been driving, a Class “A” Tractor Trailer with more frequency. I asked Greg if there was any reason, given the fact that the Plaintiff was now driving a Class “A” Tractor Trailer most of the time, why the Plaintiff should not be bumped up to the position [335]*335of a Class A Tractor Trailer Driver. Greg thought this could be done and told me he would make the necessary arrangements and notify the Plaintiff.

(Malone Aff.

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Cite This Page — Counsel Stack

Bluebook (online)
933 F. Supp. 2d 330, 2013 WL 1149940, 2013 U.S. Dist. LEXIS 37647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-thurston-foods-inc-ctd-2013.