Warren v. Halstead Industries, Inc.

802 F.2d 746, 41 Fair Empl. Prac. Cas. (BNA) 1665, 1986 U.S. App. LEXIS 31552, 41 Empl. Prac. Dec. (CCH) 36,491
CourtCourt of Appeals for the Fourth Circuit
DecidedOctober 2, 1986
DocketNo. 85-1575
StatusPublished
Cited by10 cases

This text of 802 F.2d 746 (Warren v. Halstead Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Warren v. Halstead Industries, Inc., 802 F.2d 746, 41 Fair Empl. Prac. Cas. (BNA) 1665, 1986 U.S. App. LEXIS 31552, 41 Empl. Prac. Dec. (CCH) 36,491 (4th Cir. 1986).

Opinion

SWYGERT, Senior Circuit Judge.

This case concerns an action charging employment discrimination based on race in violation of Title VII and section 1981. Plaintiffs allege that their discharge from employment was in retaliation for filing administrative charges of discrimination with the Equal Employment Opportunity Commission or for complaining to management of Halstead Industries, Inc., their employer, about racial discrimination in promotions. Upon our review of the record, we affirm in part and reverse in part and remand the case to the district court for further proceedings consistent with this opinion.

I

The facts in this case are heavily contested. The serious allegations made by the plaintiffs are generally denied by the defendants; the district court based much of its decision on credibility and discounted key testimony of both plaintiffs. Our first task, therefore, is to review the voluminous record and to glean the facts from the conflicting versions.

There is no dispute that on June 12,1978 the plaintiff-brothers, Alfred and Alvin Warren, were hired by Halstead Industries, Inc. (“Halstead”) located in Pine Hall, North Carolina. The two black men sought employment following several years of college study. Both plaintiffs and their family members were active in Stokes County, North Carolina politics.

The Halstead factory manufactured copper tubing; it was a new plant, having been constructed in December 1977. During the first years of operation, the number of black employees was low (fourteen black employees out of 95 in 1977; seventeen blacks out of 190 in 1978; 56 blacks out of 372 in 1979). The original supervisors were white employees who moved to Pine [749]*749Hall from two other Halstead plants. It is contested whether any black foremen or supervisors were employed in the plant as a whole or in Halstead’s production department (“the B-Bay”) from 1977 to 1979.1

As an additional factor, Halstead’s Pine Hall plant was in flux because a union membership drive for the International Brotherhood of Teamsters (“the Union”) was being promoted throughout the time span with which this case is concerned, and there was a possibility of a strike. In June 1978 handbilling began; in September the Warrens joined the Union and participated in efforts to organize the Union at the Stokes County Plant (e.g., wearing Union T-shirts and hats to work, passing out cards, and handbilling). An election was held in December 1978, and the Union was elected to represent the employees. After the plaintiffs were terminated from employment, August 1979 to April 1980, Hal-stead went through a protracted strike.

New other facts are undisputed. Rather, the balance of the allegations are found in the two parties’ conflicting statements. The plaintiffs allege a pattern of company actions constituting discrimination in promotion and racial harassment. The Warrens claim that ultimately they were discharged from employment when they, along with other employees, sought to meet with management and later filed charges with the Equal Employment Opportunity Commission (“the EEOC”).

The Warrens claim that their probationary work records were good.2 Both brothers were hired as utility laborers. Alfred was assigned to a bench helper’s position during his probationary period; at the end of the time, he was designated a bench operator. At the time Alvin was hired he worked as an operator for about three weeks; he was removed from that job while still on probation. Jimmy Gann, a white employee, was then assigned to Alvin’s position. It is undisputed that the brothers did not receive write-ups and faced no major personnel problems until the fall of 1978 when they allegedly were passed over in promotion in favor of two white employees with less seniority.

Plaintiffs assert that in September 1978 a vacancy occurred for the position of lead-man in their production department. Although Halstead’s policy had been to grant a promotion based on departmental seniority, the Warrens contend that on September 11, 1978 white employee Greg Smothers was promoted to leadman with less seniority than plaintiffs. Further, they assert that on October 11 Gann was also so promoted. (Later, on December 18 Stephen Boles was also allegedly promoted to lead-man out of seniority sequence.) The company insists that these promotions were in accordance with seniority.

Seeking to raise a grievance following these first two promotion decisions, plaintiffs and other black employees sought a meeting with Personnel Manager Allen on October 12. Allen allegedly said to them: “Get the hell back to work or punch the damn clock.” Allen denies talking with the plaintiffs about problems regarding discrimination against blacks being promoted on this or any other date up to January 17, 1979. (Vol. VI, p. 133.) Following that attempted meeting, plaintiffs assert, a pattern of daily retaliation was put into effect by immediate foreman Larry Sands, the recently promoted Gann, and Smothers.

[750]*750Specifically, these complained-of retaliatory acts consisted of “getting in the way of plaintiffs being able to get out production.” The acts reportedly included “hollering from twelve inches away” in the plaintiffs’ faces and rubbing plaintiffs’ buttocks with hands or sexual organs. The white supervisors allegedly stood between the plaintiffs’ machines and control panels to hinder their work production. Both plaintiffs testified that they felt humiliated, like a “piece of meat.” At the same time that these retaliatory acts were reportedly being committed, the white supervisors were admonishing the plaintiffs to “cooperate.” The Warrens contend that Sands and Smothers did not engage in this type of behavior toward white employees.

Plaintiffs also claim that numerous racial comments were made to black employees. Alfred alleges, for instance, that at the time he received a three-day suspension, Personnel Manager Allen told him that “this country should be like it is in South Africa, that the white man should be ruler, that the black man didn’t have enough intelligence to have a leadership position.” Similarly, Alvin Warren contends that Allen told him that the “white man was always going to be superior to the black because of money.” Allen acknowledges talking to Alvin about South Africa, but denies that it was in a discriminatory manner.

To counteract the harassment, plaintiffs allege, they sought, along with other black employees, to meet with Plant Manager Terlinden on December 19 and 20, 1978. Both groups working on two different shifts were allegedly made to wait for thirty minutes and then told to return to work without having made any arrangements to talk to Terlinden. It is undisputed that Alvin received a “first warning” because of “lack of cooperation” on December 20, 1978, and Alfred received a “first warning” on December 19, 1978 citing “walked off job without permission.” (Vol. II, pp. 45, 53.)

Following the attempted meeting with Terlinden, plaintiffs testified the write-ups and disciplinary measures escalated; Alvin claims he no longer took breaks and recruited a fellow employee to bring lunch to his machine.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
802 F.2d 746, 41 Fair Empl. Prac. Cas. (BNA) 1665, 1986 U.S. App. LEXIS 31552, 41 Empl. Prac. Dec. (CCH) 36,491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-halstead-industries-inc-ca4-1986.