Wilson v. Stroh Companies, Inc.

952 F.2d 942, 1992 U.S. App. LEXIS 52, 57 Empl. Prac. Dec. (CCH) 41,190, 57 Fair Empl. Prac. Cas. (BNA) 1155, 1992 WL 599
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 6, 1992
DocketNo. 91-1430
StatusPublished
Cited by23 cases

This text of 952 F.2d 942 (Wilson v. Stroh Companies, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Stroh Companies, Inc., 952 F.2d 942, 1992 U.S. App. LEXIS 52, 57 Empl. Prac. Dec. (CCH) 41,190, 57 Fair Empl. Prac. Cas. (BNA) 1155, 1992 WL 599 (6th Cir. 1992).

Opinion

BAILEY BROWN, Senior Circuit Judge.

Plaintiff, Gary Wilson, appeals the district court’s grant of summary judgment in favor of Defendants, Stroh Companies, Inc. and Stroh’s Ice Cream Company (collectively “Stroh’s”), in this Title VII employment discrimination case. For the following reasons, we affirm the district court’s grant of summary judgment in favor of Stroh’s.

I

Stroh’s employed Wilson, who is black, from January of 1978 until October 9,1987. During September of 1987, Stroh’s established new, staggered work schedules for employees, including Wilson, at its Detroit ice cream plant. It changed Wilson’s former 6:00 A.M. to 2:00 P.M. shift to 11:00 A.M. to 7:00 P.M. The union complained that the later starting time interfered with union steward Wilson’s ability to interact with union members. Wilson complied with the new schedule on September 29 and 30, 1987. Members of the union met with management on September 30, 1987, to discuss Wilson’s request for an earlier starting time. Phillip Roselli, general manager of Stroh’s ice cream division, Ronald Holloway, corporate industrial relations manager, and Dennis DeJaeghere, plant manager, represented management at the meeting. Wilson, Ray Richardson, and Ed Smith represented the union. The meeting ended without resolution of Wilson’s request.

After the meeting, Wilson, Richardson, and Smith of the union, and Holloway of management continued the discussion. Wilson claims that Richardson told him to report for work at 6:00 A.M. on the following day, not as scheduled at 11:00 A.M. Wilson claims that he advised DeJaeghere of this arrangement. Later that evening, Wilson called James Rauen, a co-employee, [944]*944to inform him that they would exchange work starting times for the next day.

DeJaeghere, the plant manager, made several attempts to contact Wilson by phone that evening, but Wilson refused to accept his calls.1 Acting on instructions from industrial relations manager Holloway, DeJaeghere then attempted to send a Western Union telegram to Wilson, informing him that he should comply with the 11:00 A.M. starting time. Wilson refused to accept the telegram. Both Wilson and Rauen showed up for work at 6:00 A.M. the next day.

The events of September 30, 1987, became the subject of an October 7, 1987, meeting of management and the union. Wilson admitted that he called Rauen at home but denied that he attempted to reschedule Rauen. Wilson claimed that he merely advised Rauen’s wife that he should expect a call from DeJaeghere, the plant manager, who would reschedule him. Ro-selli, the general manager, told Wilson that he should not attempt to reschedule employees. Holloway, the industrial relations manager, then conducted an independent investigation of the events on behalf of Stroh’s. Holloway interviewed Rauen, who stated that he had listened, on another extension, to Wilson’s phone conversation with Rauen’s wife.2 Rauen disputed Wilson’s version of the call, asserting that Wilson instructed him to report at 11:00 A.M. on the following morning. Holloway concluded that Wilson had lied. On October 8,1987, Stroh’s suspended Wilson pending a final determination of discipline.

On the following day, Holloway learned that Wilson told fellow employees George Beecher and James Carter that, because they began their shifts early at DeJae-ghere’s request, they were entitled to work until the end of their normal shift, thereby picking up overtime. Wilson claims he wag merely doing his job as union steward. Holloway, the industrial relations manager, decided that Wilson was again attempting to reschedule employees in a manner contrary to the policies and directives of Stroh’s. He recommended Wilson’s immediate termination. Concurring in Holloway’s recommendation, Roselli, the general manager, discharged Wilson that day.

Wilson then filed a grievance protesting his discharge. At the conclusion of protracted proceedings, the arbitrator concluded that Wilson engaged in eight acts of insubordination, which justified his dismissal. The issue of alleged racial discrimination in Wilson’s discharge was not, as such, before the arbitrator.

Wilson then filed this suit. He claims that his termination was the product of racial animus, in violation of section 703 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(l), and Michigan’s Elliot — Larsen Civil Rights Act, M.C.L. §§ 37.-2101 et seq. Specifically, Wilson claims that his direct supervisor, DeJaeghere, displayed animosity toward him because he is black. He claims that DeJaeghere was out to get him and that this prejudice should be imputed to Holloway and Roselli. Wilson did not claim that either Holloway or Rosel-li was directly racially motivated.

The district court refused to impute De-Jaeghere’s prejudice3 to Holloway, who is black, and Roselli. It concluded that, because DeJaeghere’s prejudice could not be attributed to Holloway and Roselli, Wilson had failed to submit evidence to support a prima facie case of discrimination. Additionally, the district court concluded that, even if Wilson were able to establish a prima facie case, the arbitrator’s decision in this matter established Stroh’s legitimate, non-discriminatory motive for terminating Wilson. Finally, it concluded that Wilson had failed to show that this non-discriminatory motive was a pretext.

[945]*945II

We review a grant of summary judgment de novo. The evidence and all inferences to be drawn therefrom must be construed in a light most favorable to the nonmoving party. Summary judgment is appropriate only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Kraus v. Sobel Corrugated Containers, 915 F.2d 227, 229 (6th Cir.1990).

In a Title VII employment discrimination case, the plaintiff bears the initial burden of submitting evidence to support a prima facie case of discrimination. Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093-94, 67 L.Ed.2d 207 (1981). The plaintiff must produce “evidence sufficiently strong to raise an inference that [the employer’s conduct was] racially motivated.” McKenzie v. Sawyer, 684 F.2d 62, 71 (D.C.Cir.1982); see also Hatton v. Ford Motor Co., 508 F.Supp. 620, 623 (E.D.Mich.1981). “Proof of discriminatory motive is critical” when disparate treatment is claimed. International Bhd. of Teamsters v. United States, 431 U.S. 324, 335, 97 S.Ct. 1843, 1854, 52 L.Ed.2d 396 (1977).

Once the plaintiff establishes a prima facie case, the defendant must articulate a legitimate, non-discriminatory reason for his action. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973).

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952 F.2d 942, 1992 U.S. App. LEXIS 52, 57 Empl. Prac. Dec. (CCH) 41,190, 57 Fair Empl. Prac. Cas. (BNA) 1155, 1992 WL 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-stroh-companies-inc-ca6-1992.