Spight v. Tidwell Industries, Inc.

551 F. Supp. 123, 30 Fair Empl. Prac. Cas. (BNA) 1423, 1982 U.S. Dist. LEXIS 15882
CourtDistrict Court, N.D. Mississippi
DecidedNovember 23, 1982
DocketNo. WC 81-74-WK-P
StatusPublished
Cited by2 cases

This text of 551 F. Supp. 123 (Spight v. Tidwell Industries, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spight v. Tidwell Industries, Inc., 551 F. Supp. 123, 30 Fair Empl. Prac. Cas. (BNA) 1423, 1982 U.S. Dist. LEXIS 15882 (N.D. Miss. 1982).

Opinion

MEMORANDUM OPINION

KEADY, District Judge.

In this Title VII class action, plaintiffs Henry Spight, Jeremiah Simmons and Ernest Rainer sue defendant Tidwell Industries, Inc., d/b/a LaSalle Homes (LaSalle), to redress alleged employment discrimination on the basis of race. LaSalle maintained a workforce of between 104 and 145 employees during 1975 through 1981 (the period relevant to this lawsuit) for the manufacture of mobile homes at its plant in Ripley, Mississippi. Plaintiffs filed charges of discrimination with EEOC during August and September of 1979 and upon receipt of their respective notices of right to sue, timely filed their complaint on June 2, 1981. That complaint contained both individual and class claims of employment discrimination by defendant.

Finding plaintiffs satisfied the requirements of Rule 23(a), F.R.Civ.P., we conditionally certified this cause as a class action and defined the class as all past, present and future black employees of the LaSalle Homes, Ripley, Mississippi facility working in production positions. Upon bifurcation of the cause as to issues of liability and relief, the court conducted a two-day evidentiary hearing. The court modified, at the outset of the hearing, the definition and scope of the claims subject to litigation in two respects. First, in view of General Telephone Company of Southwest v. Falcon, - U.S. -, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982), the court ruled plaintiffs improper class representatives of class discriminatees who may have been subjected to discriminatory discipline and termination. Second, the court chronologically limited membership in the class to those who may have been subject to discrimination by defendant on or after January 31, 1979. See Payne v. Travenol Laboratories, Inc., 673 F.2d 798 (5 Cir.1982) (class membership limited to those persons who could have timely filed charges of discrimination 180 days prior to initial charge filed by named plaintiff). Following the hearing, the court reviewed the parties’ memoranda and finds the case is ripe for decision. We now make specific findings of fact and conclusions of law as required by Rule 52(a).

I. BACKGROUND

Tidwell Industries is engaged in the manufacture for sale and distribution of mobile homes at its LaSalle plant in Ripley, Missis[126]*126sippi. Between five and seven homes are assembled each work day in a production line manner. The production area of the plant is divided into 15 departments which sequentially perform specialized functions in the manufacturing process, i.e., frames, plumbing, floors and carpets, sidewall build and set, partitions, electrical, saws, roof, metal, cabinet build, cabinet set, molding, inside paneling, final finish, front doors and yard, and quality control. The general manager is in charge of the entire manufacturing process, and has absolute authority to hire, fire and promote employees at his discretion. From January 6, 1976, to February 15, 1981, LaSalle employed D.L. “Bones” Creel as general manager. From February 15, 1981, to the date of trial, William Matthews filled the general manager’s position. The supervisory personnel has consisted of between 5 and 9 foremen over the various production departments who may, at any given time, be in charge of from one to six production departments. In addition, LaSalle employs a production manager in direct charge of the production process. These supervisory personnel also play a role in LaSalle’s promotional system. Although the general manager has ultimate control over promotions, he often supplements his personal observations with the opinions of the production manager and supervisors when considering an employee for a promotion. In making promotional decisions, the general manager takes into consideration the following criteria: work performance, acceptance of responsibilities, judgment, initiative, cooperation with fellow employees, job attitude, attendance, leadership and seniority. During the time relevant to this suit, all supervisory personnel at the LaSalle facility were white.

II. INDIVIDUAL CLAIMS

A. Findings of Fact.

Henry Lee Spight, a black, was hired in 1978 by LaSalle as a production employee in its partition set department. On his request, Spight was transferred after two months to the inside paneling department where he remained for six to eight months. Spight was then transferred, again at his request, to the cabinet set department where he remained until his discharge on June 16, 1980. Spight’s individual claims include two alleged instances of discrimination in promotions and an alleged retaliatory discharge.

In August 1979, Spight asked plant manager Creel about a sales position. Spight had no previous sales experience in the mobile home industry, nor had he ever been employed in any type of sales position. For that reason, Creel informed Spight he could not be considered for a sales job, and suggested he apply for the position of sales trainee. Creel told Spight that LaSalle had only one sales trainee at a time, and the position was currently held by Danny Shackleford. Creel advised Spight that upon the next opening he would be considered. In November 1979, the sales trainee position became vacant when Shackle-ford was promoted to salesperson. Neither Spight nor anyone else was placed in the trainee position, which remained vacant at the time of trial.

Prior to Spight’s application, the sales trainee position had been a source of sales personnel for LaSalle. Spight was the first black to seek a sales position and, following his application, the sales trainee position was not filled. Creel testified that employment as a production employee did not disqualify a person for a sales promotion. Although admitting that Spight was qualified for the sales trainee position, Creel explained his failure to fill the trainee post was “[bjecause we felt like that with the number of salespeople we had, that it was not proper at this time to have a sales trainee.” Subsequent to Spight’s application and prior to his discharge, however, LaSalle hired five white salespersons (including Shackleford). Since 1975, LaSalle has hired 25 salespersons, all of whom were white.

During Spight’s employment, an opening occurred in the foreman’s position over the paneling, saw and molding departments. As was then customary, the opening was not posted, and knowledge of the vacancy [127]*127was gained solely by word of mouth. In addition, no qualifications for the job had ever been posted or reduced to writing by LaSalle’s management. Spight neither formally applied for the foreman position, nor expressed interest in becoming a foreman.

The foreman’s job was filled by the promotion of Joe Cutberth, a white production employee, who told Creel he would like to be a foreman. According to Creel, Cut-berth’s work habits, attendance and work quality were good and he was a leader in his department. Creel believed that Cut-berth was more qualified than Spight for the position. Moreover, two white employees with qualifications similar to those possessed by Spight were also passed over for the promotion.

On August 1,1979, Spight filed his initial charge of discrimination with the Equal Employment Opportunity Commission. Almost one year later, in June 1980, Spight, upon leaving the plant, was discovered to have in his possession an unopened jar of putty.

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551 F. Supp. 123, 30 Fair Empl. Prac. Cas. (BNA) 1423, 1982 U.S. Dist. LEXIS 15882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spight-v-tidwell-industries-inc-msnd-1982.