Robinson v. Donahoe

957 F. Supp. 2d 1119, 2013 WL 3725163, 2013 U.S. Dist. LEXIS 97325
CourtDistrict Court, D. South Dakota
DecidedJuly 12, 2013
DocketNo. CIV. 10-4173-KES
StatusPublished
Cited by1 cases

This text of 957 F. Supp. 2d 1119 (Robinson v. Donahoe) is published on Counsel Stack Legal Research, covering District Court, D. South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Donahoe, 957 F. Supp. 2d 1119, 2013 WL 3725163, 2013 U.S. Dist. LEXIS 97325 (D.S.D. 2013).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

KAREN E. SCHREIER, District Judge.

Plaintiff, Carol L. Robinson, brought this action against defendant, Patrick R. Donahoe, in his capacity as Postmaster General, for claims of prior and ongoing employment discrimination and retaliation based on her gender, age, and past conduct of bringing employment-related claims against the United States Postal Service (USPS). Robinson claims that she lost seniority status, hours, wages, and other job benefits or privileges as a result [1123]*1123of the USPS’s conduct. Docket 1. The USPS moves to dismiss the complaint because it alleges that Robinson failed to exhaust her remedies and state a claim upon which relief could be granted or, in the alternative, for summary judgment and dismissal on the merits because there is no genuine dispute in material fact that remains for trial. Docket 14. Robinson resists these motions. Docket 22. For the following reasons, the court grants the motion to dismiss on certain claims and summary judgment on all remaining claims.

BACKGROUND

Viewed in the light most favorable to Robinson, the nonmoving party, the undisputed facts are as follows:

At the time that this motion was filed, Robinson was a 61-year-old female who lived in Sioux Falls, South Dakota, and who was a full-time regular (FTR) window clerk at the downtown Sioux Falls USPS station. Robinson has worked continuously for the USPS in different capacities since 1993.

In 1998, the USPS and the American Postal Workers Union entered into a labor agreement through which the parties removed language that required a clerk craft employee to begin a new seniority date1 when voluntarily changing from full-time to part-time regular (PTR) status. In July of 1998, Robinson voluntarily changed from FTR status to a PTR employee. PTR employees have a different category of seniority than FTR or part-time flex clerks. Seniority dates are the marker or order by which USPS employees are able to bid on other USPS positions, take annual leave, and receive other benefits of their jobs.

In May of 2005, the two Sioux Falls USPS employees who were responsible for seniority dates, Sonja Volk and David Jones, changed Robinson’s seniority date. Part of Volk’s job was to maintain the seniority lists for the clerks in Sioux Falls, South Dakota. Jones was the human resources manager at the time. Volk and Jones changed Robinson’s and another employee, Mary Waybright’s, seniority dates to what they believed was consistent with the 1998 change to the labor agreement. Accordingly, Robinson’s seniority date was changed from July 18, 1998, which was the date she switched from full-time to part-time, back to August 21, 1993, which was the date that Robinson began working for the USPS in Sioux Falls. Robinson claims the change was made on the eve of her earlier discrimination trial for the purpose of sabotaging her efforts in that case and reducing her damages.

The union filed a grievance in the late spring or early summer of 2005 related to Robinson’s and Waybright’s seniority dates. Robinson admits that she knew that the grievance was filed and that it related to her seniority date. The USPS and the union reached a grievance settlement on July 21, 2005. In the settlement, the parties agreed to return Robinson’s seniority date from August 21, 1993, to July 18, 1998. The grievance acknowledged that the seniority date never should have been changed because that was not in compliance with the 1998 labor agreement. Robinson’s seniority date officially reverted back on August 16, 2005. Both Robinson’s and Waybright’s seniority dates were corrected on the next quarterly clerk craft seniority list issued on September 28, 2005. The grievance settlement letter notes that both employees were copied on the union grievance settlement via inter office mail.

In the fall of 2006, the USPS determined that the PTR clerk positions in Sioux Falls [1124]*1124needed to be realigned. USPS reports had shown that it was using too many Function 4 clerk hours given the work load volume at each location. Sioux Falls USPS management then proposed a plan to realign the clerk’s hours, including Robinson’s and other PTR employees, and the Postmaster agreed and made the changes. USPS says the changes were based on workflow at each location and the current staffing needs.

Robinson was given notice that her position would be abolished on September 25, 2006. Seniority was not considered in abolishing positions, but it was considered when new PTR positions were posted and bids were awarded for those new positions. Robinson successfully bid on a new PTR position where she would work thirty-two hours per week, working weekday afternoons and Saturday mornings at the main post office. Robinson’s prior position was for thirty-three hours per week with shifts in the afternoon at the main post office. Five other clerks also were affected by the realignment.

Following the abolishment of her position in September of 2006, Robinson called her union representative to discuss the realignment. During that conversation, Robinson’s union representative told her that her seniority date had reverted back to July 18, 1998, following the grievance settlement. Robinson said this was the first time she knew that her seniority date changed. Soon after, Robinson contacted an Equal Employment Opportunity Commission (EEOC) counselor to discuss employment issues against the USPS.

On December 28, 2006, Robinson filed a complaint with the EEOC against the USPS for discrimination on the basis of age, gender, and retaliation for filing prior complaints with the EEOC.2 Robinson attempted to amend her complaint twice. The first time was on July 12, 2007, when Robinson proposed to amend her complaint to include additional occurrences of ongoing retaliation as well as alleged discrimination against Robinson by the USPS for failing to hire her husband, Eugene Robinson. Robinson moved to amend her complaint a second time on August 21, 2007. In that motion, Robinson alleged that the USPS changed her personal identification number (PIN), which was required for job bidding and to make changes to benefits, and improperly designated job postings, which caused Robinson to be ineligible for these open positions.

The parties then began discovery in the EEO process. They also exchanged discovery as to the issues raised in Robinson’s proposed amendments to her complaint. Robinson eventually filed a motion to compel discovery in December of 2007. The USPS responded in a letter to the administrative law judge (ALJ). The USPS also moved for summary judgment shortly thereafter.

The ALJ issued his decision on the USPS’s motion for summary judgment on September 30, 2008, and found in its favor. The decision did not address Robinson’s proposed amendments to the complaint. The ALJ’s determination was upheld by the EEOC Office of Federal Operations, including the ALJ’s decision to decide the [1125]*1125case without a hearing and to not consider the merits raised in the proposed amendments. Robinson’s request for reconsideration of this decision was denied on September 17, 2010.

Eventually, the EEOC issued Robinson a right to sue letter on September 17, 2010. Robinson filed this action on December 21, 2010. Docket 1. The USPS now moves to dismiss or, alternatively, for summary judgment. Docket 14.

DISCUSSION

I.

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Bluebook (online)
957 F. Supp. 2d 1119, 2013 WL 3725163, 2013 U.S. Dist. LEXIS 97325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-donahoe-sdd-2013.