Tate v. Weyerhaeuser Co.

723 F.2d 598, 33 Fair Empl. Prac. Cas. (BNA) 666, 1983 U.S. App. LEXIS 14649, 33 Empl. Prac. Dec. (CCH) 33,956
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 9, 1983
DocketNo. 83-1277
StatusPublished
Cited by57 cases

This text of 723 F.2d 598 (Tate v. Weyerhaeuser Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tate v. Weyerhaeuser Co., 723 F.2d 598, 33 Fair Empl. Prac. Cas. (BNA) 666, 1983 U.S. App. LEXIS 14649, 33 Empl. Prac. Dec. (CCH) 33,956 (8th Cir. 1983).

Opinion

BOWMAN, Circuit Judge.

Plaintiff Larry Tate sued defendant Weyerhaeuser Company under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17, and under 42 U.S.C. § 1981.1 Plaintiff brought suit on his own behalf and on behalf of a class of all black employees, past, present and future, of Weyerhaeuser. He alleged that Weyerhaeuser maintains “racially discriminatory policies, practices, customs and usages in discharging, hiring, promotion and all terms and conditions of employment.” Pri- or to the class certification hearing, Samuel Walters and Edward Woodus intervened alleging violations of Title VII and § 1981; Annie Carter intervened alleging violations of § 1981.2 In addition, Walters and Carter alleged racial discrimination by United Paperworkers International Union, Local 619 in representing black employees. For convenience, all these individuals will be referred to as plaintiffs or appellants.

After a pretrial class hearing the district court refused to certify the class on the grounds that the Rule 23(a)(1) numerosity requirement and the 23(a)(3) typicality requirement had not been met. Because we believe that the district court did not abuse its discretion in refusing to certify the class, we affirm its decision on that question.

The case proceeded to trial on a disparate treatment theory. • The court held that plaintiffs had each established a prima facie case of race discrimination against Weyerhaeuser and that Weyerhaeuser had met its burden by proving by a preponderance of the evidence that Weyerhaeuser had legitimately and nondiscriminatorily applied its disciplinary policy in discharging each plaintiff. The court further held that plaintiffs had failed to prove by a preponderance of the evidence that the reasons offered by Weyerhaeuser were pretextual. It concluded that they failed to carry the ultimate burden of proving intentional discrimination. Similarly, the court found that Carter and Walters had failed to carry the burden of proving 'intentional discrimination by the union, which was not required to pursue grievances for members whose conduct was so extreme that there was no merit to their claims. Because we believe that the district court’s findings that plaintiffs failed to prove pretext and intentional discrimination are not clearly erroneous, we affirm.

I. Background

Plaintiffs are former black employees of Weyerhaeuser Company. All alleged that [601]*601they were discharged because of their race.3 Plaintiffs Walters and Carter asserted claims against the union alleging that the union refused to represent them because of their race.

Larry Tate

Tate began his employment with the. Weyerhaeuser Company Multiwall Bag Plant in Pine Bluff, Arkansas, on September 17, 1973. Until his suspension on May 17, 1979, he worked in various positions for the company. David Guffy, Tate’s supervisor, testified that on the Monday morning preceding the suspension he was reviewing time sheets to ensure that another employee’s time sheet reflected funeral leave. He noticed that Tate’s sheet showed twelve hours overtime for the week before. When Guffy had signed the time sheet on the previous Friday, it had not shown the overtime. Guffy took the time sheet to his supervisor, Charles Allred. Allred called Tate in along with his union steward to ask if he had actually worked the overtime. Tate stated that he had not worked the hours and he did not know who put the hours down. The hours on the time sheet were corrected.

Allred brought the discrepancy to the attention of Shirley Brown, the personnel manager, and Bill Southard, the plant manager. Brown examined Tate’s time sheets for the period from January to mid-May, 1979, discovering several questionable erasures and hours. She then contacted- Glenn Minton, the security manager for Weyerhaeuser. On May 17, 1979, Minton, Brown and Tate met and discussed these time sheets. After going through the sheets once, Tate said they were accurate. Minton asked Tate to review the sheets once more; Tate pulled out three time sheets and admitted that they reflected hours he had not worked. He admitted cashing the checks and spending the money.

Pending further investigation, Tate was suspended. Weyerhaeuser gave the information concerning the overpayments to the Jefferson County Prosecuting Attorney’s Office. Tate was tried and found guilty of “Theft of Property Delivered by Mistake.”4 He subsequently was fired on October 12, 1979, for violating Article 23, Group II, paragraph K of the collective bargaining agreement, theft of company property. Annie Carter

Annie Carter commenced her employment with Weyerhaeuser in January, 1972. Carter was fired for falsification of company records on July 17, 1978, the first day that she returned to work after she pled guilty to a charge of “Theft of Property by Deception.”5 Falsification of company records is a violation of Article 23, Group II, paragraph L of the collective bargaining agreement.

Carter had submitted to the State of Ar-' kansas Social Services Department five fraudulent letters purporting to be from Weyerhaeuser and setting forth false information concerning her wages. Although the signature on each letter purported to be that of Shirley Brown, the personnel manager, and four of the letters were on company letterhead, Brown testified that she did not write or sign the letters.

Ed Woodus

Ed Woodus was hired in August, 1978. The company fired him on October 14, 1980 for being the aggressor in a fight on company property while at work, a violation of [602]*602Article 23, Group II, paragraph D of the collective bargaining agreement. The altercation between Woodus and a white employee, Harold Hollis, occurred on October 7,1980 during the afternoon shift. Woodus testified that he told Hollis to speed up his work and that Hollis called him a “slow-ass nigger.” He pointed at Hollis, but did not touch him. Hollis testified, however, that when Woodus called him a “slow-assed white boy,” he returned the slur and Woodus hit him in the mouth.

On the day of the fight, Woodus and Hollis were taken by Guffy, their supervisor that day, to see Allred, the production superintendent. Johnny Frye, the international representative for Local 619, was also present at the meeting. Allred testified that Hollis had a red mark on his face and blood in the corner of his mouth. Guffy stated that Hollis appeared to have been hit. Both employees were suspended pending an investigation. Brown testified that an investigation revealed three employees who saw Woodus hit Hollis. One of those employees, a black woman, Dorothy Johnson, verified her story at trial. Woodus was terminated after the investigation revealed that he was the aggressor in the fight. Sam Walters

Weyerhaeuser Company hired Sam Walters on September 28, 1977. He was fired on January 4,1980, after accumulating four active violations of minor Group I offenses. Walters received his first reprimand on December 5, 1978 from his black supervisor, Leonard Higgins, for habitual tardiness/absenteeism (32 incidents). The second reprimand was given on February 20, 1979 by the same supervisor (three incidents).

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723 F.2d 598, 33 Fair Empl. Prac. Cas. (BNA) 666, 1983 U.S. App. LEXIS 14649, 33 Empl. Prac. Dec. (CCH) 33,956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tate-v-weyerhaeuser-co-ca8-1983.