Valley Mould & Iron Co. v. Illinois Human Rights Commission

478 N.E.2d 449, 133 Ill. App. 3d 273, 88 Ill. Dec. 134, 1985 Ill. App. LEXIS 1950
CourtAppellate Court of Illinois
DecidedApril 19, 1985
Docket83-1536
StatusPublished
Cited by20 cases

This text of 478 N.E.2d 449 (Valley Mould & Iron Co. v. Illinois Human Rights Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valley Mould & Iron Co. v. Illinois Human Rights Commission, 478 N.E.2d 449, 133 Ill. App. 3d 273, 88 Ill. Dec. 134, 1985 Ill. App. LEXIS 1950 (Ill. Ct. App. 1985).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

This is an appeal from an order of the trial court affirming a decision of the Human Rights Commission (Commission) that plaintiff violated section 3(a) of the Fair Employment Practices Act (Ill. Rev. Stat. 1979, ch. 48, par. 853(a)) 1 in that it discriminated against defendant Columbus Pitts (Pitts) on the basis of his race (black), with respect to his discharge from plaintiff’s employment. On appeal, plaintiff contends (1) that the Commission erred in concluding as a matter of law that plaintiff did not articulate a legitimate reason for Pitts’ termination from employment; and (2) that plaintiff is entitled to judgment in its favor because it articulated a legitimate unrebutted reason for Pitts’ discharge.

On December 10, 1978, Pitts began his employment with plaintiff as a chipper in its stool department. Pursuant to a collective bargaining agreement, Pitts bid on the job of coremaker, and was awarded this position on December 21, 1978. As a coremaker, Pitts was responsible for the operation of a machine known a the no-bake blender (blender) for one eight-hour shift per day. This blender mixes sand with resin and acid to produce a substance which is discharged into coreboxes to form concrete-like sandcores. These cores are used to make indentations or lifting devices on the large cast-iron ingot moulds manufactured by plaintiff.

Pitts was terminated on January 16, 1979, for allegedly breaking the blender. At the time of his discharge, Pitts was a probationary employee. In his charge before the Illinois Fair Employment Practices Commission (FEPC), Pitts alleged that he was discharged because of his race and not because of his work performance. The FEPC issued a complaint against plaintiff, and at a hearing thereon before an administrative law judge (ALJ), the following testimony was heard.

Anthony Sanetta,. plaintiff’s plant superintendent, was called by Pitts as an adverse witness. He testified that plaintiff operates three eight-hour shifts daily. Every morning, Sanetta receives reports from all general foremen. During the period between December 10, 1978, and January 15, 1979, Sanetta spoke with Pitts regarding his alleged damaging of wooden coreboxes. Sanetta was told by Tim Storey, plaintiff’s equipment manager, that Pitts was damaging the coreboxes by using a sledgehammer to open them.

Edward Kutnick, plaintiff’s personnel manager, was also called as an adverse witness. On January 15, 1979, he received an order from Superintendent Sanetta to terminate Pitts for burning out the blender’s motor. This was the only reason given to him. At the administrative hearing, he produced the personnel records of four men — Gonzalez, Ratliff, Escobedo and Garcia. He testified that all four of these men worked on the blender during the period between its initial installation in 1977 and December 18, 1978. None of these men were ever fired for burning out the blender’s motor. He believed that others had been terminated for burning out the motor, but he could not recall any names. Kutnick stated that he assumed that any and all performance reprimands were given to Pitts in writing per union provisions. Kutnick admitted that plaintiff did no aptitude testing outside of its maintenance department, and that all other jobs are based upon bid agreements. The method used to replace a terminated employee is also based on these agreements. Those who work in the department where the job is open are given the first opportunity to bid on the job. If no one in that department bids on the job, then it opens for plant-wide bidding. Notice of the job opening is posted on a bulletin board. Following Pitts’ termination, only Mr. Rudin, a white, bid on the opening caused by Pitts’ discharge.

Nicholas Coppage testified as an adverse witness. He was hired as a foreman for plaintiff on December 10, 1978, at the age of 19, and received three weeks of on-the-job training. Coppage testified that the blender trough was frozen when he reported for the midnight shift on January 15, 1979. He stated that the blender “freezes” when the chemical reaction between the resin, acid and sand occurs too fast. If the blender’s trough is not evacuated in time, the materials remaining within the trough harden. Once this occurs, a coremaker must climb up to the trough and try to loosen the material. He further testified that the blender was frozen on a shift prior to his, and he did not know who caused this condition. He admitted that when Pitts began work with him on the midnight shift, the trough was already frozen; that Pitts spent his entire shift trying to unfreeze the trough; and that it was still frozen at the end of Pitts’ shift at 8 a.m. on January 15, 1979. He did not recall telling Pitts to start the blender, and he never saw Pitts try to activate the motor. Further, he never told anyone that Pitts burned out the motor; to his knowledge, no motor burned out on his shift.

Coppage identified several maintenance reports which indicated that the blender was inoperative on January 2, 1979, because of frozen lines; that the motor on the blender burned out on January 7 and 8, 1979; and that the fuse for the blender’s motor was removed on January 14, 1979, during the shift which preceded Pitts’ and Cop-page’s shift. There was no notation of the fuse’s replacement during the midnight shift. Coppage admitted that the blender could not operate without its fuses.

C. Timothy Storey, plaintiff’s equipment supervisor, testified as an adverse witness that he considers himself an expert on the blender’s operation. Although he admitted that there are no written instructions on the operation of the blender, he testified that each time a new operator begins the job, he receives training on the machine. Storey testified that when he arrived at work on January 15, 1979, at 8 a.m., Pitts came to his office to inform him that the blender was already frozen when he arrived for his shift, and that he had spent the entire shift trying to chip out the machine. Pitts also told him that he told his foreman about the condition of the machine. Storey testified that he conducted an investigation as to the blender’s breakdown on January 15, 1979; the investigation was precipitated by a total lack of production by the blender for two shifts on January 14. He inspected the blender on January 15 and found it inoperable; he noticed mechanics working on it, but did not know what condition the motor was in. He next spoke to Mr. Ratliff, the blender’s operator for the shift before Pitts’. He testified that Ratliff informed him that the blender froze during his shift, and that he had unsuccessfully attempted to unfreeze it. Storey also testified that he spoke to foreman Coppage within the next few days. After his conversation with Coppage, he recommended to Superintendent Sanetta that Pitts be terminated. The report of termination stated “First turn [shift] 1-15-79 drive motor burnup.” Storey admitted that he did not see Pitts operating the blender at any time on January 15, 1979, and that he did not see who operated the motor when it burned up. When questioned as to the basis for his statement on Pitts’ termination letter (“First turn [shift] 1-15-79 drive motor burnup”) which he signed, Storey denied that the statement was based on a conversation that he had with Coppage, and denied that it was based on any observation of Pitts that he himself made on either January 14 and 15.

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Bluebook (online)
478 N.E.2d 449, 133 Ill. App. 3d 273, 88 Ill. Dec. 134, 1985 Ill. App. LEXIS 1950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valley-mould-iron-co-v-illinois-human-rights-commission-illappct-1985.