Wilson v. Brennan

213 F. Supp. 3d 934, 2016 WL 5468334, 2016 U.S. Dist. LEXIS 134628
CourtDistrict Court, S.D. Ohio
DecidedSeptember 29, 2016
DocketCase No.: 2:14-CV-428
StatusPublished
Cited by2 cases

This text of 213 F. Supp. 3d 934 (Wilson v. Brennan) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Brennan, 213 F. Supp. 3d 934, 2016 WL 5468334, 2016 U.S. Dist. LEXIS 134628 (S.D. Ohio 2016).

Opinion

OPINION AND ORDER

GEORGE C. SMITH, JUDGE, UNITED STATES DISTRICT COURT

This-matter is before the Court upon the Motion for Summary Judgment of Defendant Megan Brennan, United States Postmaster General (Doc. 45). Plaintiff Larry Wilson filed a Response in Opposition (Doc. 48) to which Defendant replied (Doc. 52). The issues before the Court are fully briefed and ripe for review. For the reasons that follow, Defendant’s motion is GRANTED in part and DENIED in part.

[939]*939I. BACKGROUND

This lawsuit arises out of the former employment relationship between Plaintiff Larry Wilson (“Plaintiff’ or “Wilson”) and the United States Postal Service, led by . then Postmaster General Patrick Donahue and now led by Megan Brennan (collectively, “USPS”). Plaintiff is a sixty-nine-year-old, African-American male who worked for the USPS from November 1969 until his retirement in 2014. (See Doc. 13, Am. Compl. at ¶ 8). Wilson worked at the City-Gate Postal Facility (“CityGate”) in Columbus, Ohio during all relevant times in this lawsuit. (Id.). This action also involves several key USPS employees. Chris Smith was the Plant Manager at CityGate and Plaintiffs direct supervisor from 2009 to 2014. Valerie Roush was the Manager of In-Plant Support and made two hiring decisions challenged by Wilson. Finally, Tina Craft is a USPS employee who was also involved in two hiring decisions challenged by Wilson.

The CityGate facility has three shifts each day: Tour 1 acts as the night shift; Tour 2 is the day shift; and Tour 3 is the evening shift. (Doc. 13, Am. Compl. at ¶ 7). For the majority of the years at issue in this lawsuit, Wilson was stationed in Tour 3 as a Manager of Distribution Operations (“MDO”). (Id. at ¶8). Aside from a brief interruption—the existence of which is a point of contention in this lawsuit—Tour 3 was staffed by one Lead MDO and fifteen regular MDOs from 1995 to 2014. (Id. at ¶ 10). In 2007, before the facts giving rise to this case began, Plaintiff filed a separate lawsuit against USPS. That lawsuit alleged race, gender, and retaliatory discrimination in connection with Plaintiffs attempt to be promoted to Tour 2 Lead MDO with a salary at Executive and Administrative Schedule (“EAS”) level 24.1 Wilson v. Potter, No. 2:07-CV-1118, 2009 WL 1457178 (S.D. Ohio 2007) (Holschuh, J.). Wilson dismissed the case after the Court granted in part USPS’s Motion for Summary Judgment. Id. at Doc. No. 31, Doc. 35.

The, facts pertinent to the present lawsuit began in February 2009 while Plain-, tiffs first lawsuit against USPS was still pending and Plaintiff served as a Tour 3 MDO. (Doc. 13, Am. Compl. at ¶ 15). In February 2009, Smith was detailed to City-Gate to act as the Plant Manager. (Id. at ¶ 16; Doc. 49-1, Smith Detail Assignment).2 Upon Smith’s arrival at CityGate, Wilson informed Smith of the pending lawsuit and testified that Smith had a role in the federal lawsuit. (Doc. 49-30, Wilson Dep. at 45).

At that time, the Lead MDO for Tour 3 received an EAS 24 salary and the position was held by Charles Brown, an African American male over the age of 40. (Doc. 13, Am. Compl. at ¶ 16). On March 1, 2009, Brown retired from USPS and Plaintiff allegedly had interest in assuming Brown’s former role, which would include a pay raise and more responsibility.3 (Id.). Smith noted that CityGate was doing “poorly on service performance” and decided to detail Jeffery Dawson, a Cincinnati USPS office employee into Brown’s vacated EAS 24 [940]*940spot. (Doc. 49-31, Smith Dep. at 64). Dawson, an EAS 23 at the time, had no experience with the Columbus office and allegedly had the majority of his experience in maintenance. (Doc. 49-30, Wilson Dep. at 27-28). It is not clear on what date Smith chose to detail Dawson into the EAS 24 position but he testified that at the time he arrived at CityGate, “there was still a[n EAS] 24 of record,” but that a reorganization occurred a few months later which eliminated the EAS 24. (Doc. 49-31, Smith Dep. at 44). Ultimately Dawson was given an EAS 24 salary and worked in the position until July 2009. (See Doc. 49-8, Dawson Clock Rings at PAGEID #1320).

USPS alleges that Brown’s permanent position was eliminated in March 2009 as part of the aforementioned national structural reorganization. In an “Impact Employee Briefing” on March 24, 2009, the “Impacted Summary” for MDOs shows that while there were two MDO EAS 24s at the time of Brown’s retirement, the new allocation was for one MDO EAS 24 and two MDO EAS 22s. (Doc. 49-9, Impacted Employee Briefing at PAGEID# 1329). Plaintiff alleges that the elimination of an MDO, EAS 24 was made at the district level by Smith and approved at the national level based on Section 354.221 of the Employee Relation Manual. (Doc. 49-30, Wilson Dep. at 36-38). Smith testified that “there was a reorganization] structurally that I had no control over.” (Doc. 49-31, Smith Dep. at 44). This reorganization resulted in the removal of an EAS 24 and the elevation of two EAS 20s to EAS 22s. (Id.). Regardless of who eliminated the EAS 24 position desired by Plaintiff, consistent with the restructuring, USPS then posted a job opening for the MDO EAS 22 position. (Doc. 49-30, Wilson Dep. at 40). Plaintiff applied for the open MDO EAS 22 position and was competitively selected over three other candidates, including both Caucasian and African American candidates. (Doc. 49-30, Wilson Dep. at 41-43). On December 17, 2009, Plaintiff filed an EEO discrimination charge regarding the Smith’s detailing of Dawson to the Tour 3 Lead MDO EAS 24 position, the elimination of that same position, and regarding his work as a Lead MDO while being paid EAS 22 salary. (Doc. 13-1, First Charge).

In September 2009, Smith sent out a memorandum regarding how the MDOs at CityGate would report to their superiors. (Doe. 49-17, Smith Sept. 18, 2009 E-mail to Staff). Smith assigned Angie Strathie to the Senior Manager position for CityGate and designated Wilson as the Tour 3 Lead MDO but without raising his pay to the EAS-24 level. (Id.). Apparently, this increase in responsibility meant that Wilson was in a detailed position rather than a permanent MDO position. Over a year later, Smith sent Wilson an email telling him that he was not on a detail and that Wilson could move back to be “the 22 MDO,” which would have constituted a demotion in duties but not pay. (Doc. 49-22, Smith Nov. 3, 2010 E-mail to Wilson).

The employment relationship was comparatively uneventful until July 2012 when Smith required Wilson to make a change in his shift. On July 25, 2012, Smith emailed Wilson and stated, “[w]ith the retirement of Jocelyn and Sandy I want you to start coming in at 10am to run the floor and end tour at 630pm. If this doesn’t work, then Ray [Roush] will be going to that schedule and you will report to Angie [Strathie] on [Tour 1] and replace Ray. I wanted to give you the options first. Let me know which schedule works for you.” (Doc. 49-27, Smith and Wilson July 2012 emails). Wilson responded:

I’ve been on Tour 1 before and left because of Medical reasons relating to my inability to work the night shift which caused me to be hospitalized for 2 [941]*941weeks. The record I have reflects 7 years of being denied employment on Tour 2 which is well documented from previous EEO’s and depositions and letters to you, which will also be brought forth to support why I now have no desire to work Tour 2 at this late date of my career.

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213 F. Supp. 3d 934, 2016 WL 5468334, 2016 U.S. Dist. LEXIS 134628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-brennan-ohsd-2016.