William F. BELL, Appellant, v. William F. BOLGER, Postmaster General, United States Postal Service, Appellee

708 F.2d 1312, 1983 U.S. App. LEXIS 27092, 32 Fair Empl. Prac. Cas. (BNA) 32, 32 Empl. Prac. Dec. (CCH) 33,636
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 3, 1983
Docket82-1417
StatusPublished
Cited by55 cases

This text of 708 F.2d 1312 (William F. BELL, Appellant, v. William F. BOLGER, Postmaster General, United States Postal Service, Appellee) 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
William F. BELL, Appellant, v. William F. BOLGER, Postmaster General, United States Postal Service, Appellee, 708 F.2d 1312, 1983 U.S. App. LEXIS 27092, 32 Fair Empl. Prac. Cas. (BNA) 32, 32 Empl. Prac. Dec. (CCH) 33,636 (8th Cir. 1983).

Opinion

HEANEY, Circuit Judge.

William F. Bell, a security police officer for the Postal Inspection Service, commenced this action in the United States District Court for the Eastern District of Missouri, alleging that he had been denied a promotion by the United States Postal Service because of his race and his age. Bell is a black male. He was forty-three years old when he applied for the position of Labor Relations Assistant, along with forty other applicants. Bell was one of the seven applicants interviewed for the job by a review committee, but he was not among the three persons recommended by the committee after the interview process was completed. Charles Stevens, a young white male, was ultimately selected for the Labor Relations Assistant position.

Bell relied upon a disparate treatment theory in presenting his case to the district court. 1 The court held that Bell had established a prima facie case of age and race discrimination, but determined that the defendant had articulated a legitimate nondiscriminatory reason for Bell’s nonselection. The court further held that Bell had failed to show that the reasons offered by the defendant were not the true reasons for the committee’s decision not to recommend Bell and thus concluded that Bell did not carry his ultimate burden of proving that the review committee intentionally discriminated against him.

In this appeal, Bell argues that he has established that the reasons offered by the defendant for his nonselection were pretex-tual and he asks this Court to reverse and remand to the district court with directions to enter a judgment in his favor. Alternatively, he requests that the case be remanded to the court for more specific findings and a proper application of the law. The Postal Service asserts that the district court’s findings are not clearly erroneous and that the court’s judgment against Bell should be affirmed on the ground that Bell did not establish a prima facie case of discrimination. Because we find that the district court properly held that Bell failed to prove that the reasons offered for the review committee’s actions were a mere pretext for race or age discrimination, we affirm.

I.

BACKGROUND

Bell began his employment with the United States Postal Service in 1956. He became a security police officer for the Postal Inspection Service in 1972. From 1973 through 1978, he held various offices with the union that represented the police officers, including that of local president of the Federation of Security Police from 1976 to 1978. In these positions Bell participated in the drafting, filing and processing of grievances; he communicated with officials of the national union regarding the contents of the collective bargaining agreement and supervised the local ratification of that agreement; and he dealt with the Postal Service management regarding various labor problems.

On May 11, 1978, the St. Louis Post Office posted a notice of vacancy for the position of Labor Relations Assistant in the Employee and Labor Relations Department. *1315 The posted notice indicated that the qualifications for the position included a college-level understanding of business and personnel administration; moderate experience in labor relations, collective bargaining, and training activities; and well-developed human relations and communications skills.

This vacancy was to be filled in accordance with the procedures outlined in Special Postal Bulletin 21140, “Filling Non-Bargaining Unit Positions,” dated March 16, 1978. According to the bulletin, an employee of the Postal Service is nominated for a vacancy by filing an application, Form 991, “Personal History Summary,” and a rating by the employee’s supervisors, Form 2577, “Estimate of Potential.” A five-member promotion review committee is then established to make recommendations concerning the best qualified nominees. 2 The committee is to consider the Forms 991 and 2577 of each candidate, and may interview some or all of the nominees who are qualified for the position. Finally, the committee recommends at least three, but no more than five, candidates to the selecting official, who is expected to choose the best qualified of the recommended candidates.

On May 31,1978, the review committee designated for the Labor Relations Assistant position 3 conducted interviews of the seven best qualified applicants, including Bell. The seven interviewees were notified of their interview appointments approximately one week in advance, but because of an error by Bell’s mail carrier Bell apparently did not receive notice of the interview until the day it took place. 4

Before the interviews began Victor Roberts, the committee chairperson, supplied the committee members with each applicant’s personnel folder, a list of potential questions for the interviews, and Postal Form 442, a rating form which was to be used as a guide in evaluating each applicant’s performance during the interview. Each interview lasted approximately ten to fifteen minutes. Committee members asked each applicant a set of specific questions: committee member James Moody asked six questions concerning the 1975-1978 National Agreement, the collective bargaining agreement which the Labor Relations Assistant would be called upon to apply and administer. Moody asked Bell only two of these questions, however, because Bell stated that he did not have specific knowledge of the National Agreement. 5

At the end of the interview committee members individually scored each applicant from one to nine. These scores were then added together to arrive at a total score, and the committee recommended those who received the top three scores: Charles Stevens, whose score was forty-one; Harry Casey, whose score was thirty-seven; and Grace Corbin, whose score was thirty-two. 6 *1316 Bell received a score of twenty-eight, the fifth highest. The selecting official, Edward M. Hubert, Director of Employee and Labor Relations, ultimately selected Charles Stevens, a thirty-four-year-old white male, to fill the Labor Relations Assistant position.

After Stevens’ selection, Bell filed a complaint with the Equal Employment Opportunity Commission (EEOC), alleging that he had not been selected by the review committee because of his race and his age. On February 5,1980, EEOC Complaints Examiner Sue Phillips conducted a hearing at which seven witnesses testified. On April 18, 1980, Phillips recommended that the Postal Service issue a decision finding discrimination by reason of race and/or age and that the Post Office retroactively promote Bell, with back pay, to the position of Labor Relations Assistant or to a similar position. The Postal Service rejected these recommendations, and Bell commenced this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., and under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§

Related

PW Enterprises, Inc. v. Kaler
D. North Dakota, 2020
Helfrich v. Blue Cross & Blue Shield Assoc
804 F.3d 1090 (Tenth Circuit, 2015)
Medina v. District of Columbia
718 F. Supp. 2d 34 (District of Columbia, 2010)
Medina v. Dc Government
District of Columbia, 2010
Carraher v. Target Corp.
503 F.3d 714 (Eighth Circuit, 2007)
St. Croix v. University of Colorado Health Sciences Center
166 P.3d 230 (Colorado Court of Appeals, 2007)
Casey v. Town of Portsmouth
861 A.2d 1032 (Supreme Court of Rhode Island, 2004)
Ronald Brooks v. AmerenUE
Eighth Circuit, 2003
Ronald Brooks v. Ameren Ue
345 F.3d 986 (Eighth Circuit, 2003)
Mustafa v. Nebraska Department of Correctional Services
196 F. Supp. 2d 945 (D. Nebraska, 2002)
Robinson v. Sears, Roebuck and Co.
111 F. Supp. 2d 1101 (E.D. Arkansas, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
708 F.2d 1312, 1983 U.S. App. LEXIS 27092, 32 Fair Empl. Prac. Cas. (BNA) 32, 32 Empl. Prac. Dec. (CCH) 33,636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-f-bell-appellant-v-william-f-bolger-postmaster-general-ca8-1983.