Zbiciak v. Herald Co.

49 F. App'x 501
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 11, 2002
DocketNo. 01-1655
StatusPublished

This text of 49 F. App'x 501 (Zbiciak v. Herald Co.) 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
Zbiciak v. Herald Co., 49 F. App'x 501 (6th Cir. 2002).

Opinion

OPINION

MOORE, Circuit Judge.

In this appeal, Plaintiff-Appellant Nicholas Zbiciak (“Zbiciak”) challenges the district court’s grant of summary judgment in favor of his former long-term employer, Defendant-Appellee The Herald Company, d/b/a The Flint Journal (the “Journal”). The Journal removed Zbiciak from its payroll when his medical leave of absence expired and he failed to apply for a general leave of absence. Zbiciak filed suit against the Journal in a Michigan state court alleging breach of his employment contract. He contends that he was terminated in violation of the Journal’s job security pledge. The Journal removed the case to federal district court and moved for summary judgment. Concluding that Zbiciak failed to produce evidence of breach of contract, the district court granted the Journal’s motion. Zbiciak appeals from the district court’s decision. For the reasons discussed below, we AFFIRM the district court’s summary judgment for the Journal.

I.

Zbiciak, most recently employed in the Marketing Department, worked at the Journal in various capacities for more than twenty-five years. During this employment period, the Journal proudly extended to its employees a “unique” job security pledge guaranteeing permanent employment to full-time, salaried employees who are not covered by a collective bargaining agreement unless the employee performs unsatisfactorily, engages in misconduct, or the newspaper ceases to publish. The job security pledge states in its entirety:

We provide job security to all full-time, salaried employees who are not covered by a collective bargaining agreement. This means that no full-time, salaried employee will lose his or her job because of new equipment, technological advances or lack of work. Once you have satisfactorily completed a probationary period, you will become a permanent employee. Then, this unique job security pledge applies to you as long as you continue to perform your assigned tasks satisfactorily, do not engage in misconduct and this newspaper continues to publish.

Joint Appendix (“J.A.”) at 9. As recently as December 31, 1998, this job security pledge was reiterated to Zbiciak in a letter from the Journal’s publisher, Roger Samuel, informing Zbiciak of his most recent salary increase.

[503]*503Alongside the promise of job security, the Journal has a comprehensive sick leave policy which enables ill or disabled employees to receive full or partial pay according to a predetermined schedule. This schedule uses an employee’s years of service to calculate both the period when the employee is entitled to full salary benefits and the point at which the employee receives only a reduced salary. The sick leave policy also contains a potential safeguard for employees unable to work at the expiration of their paid sick leave which states that such an employee “may apply for an unpaid, general leave of absence in order to maintain [his or her] chance for eventual reemployment.” J.A. at 9.

On May 5, 1999, Zbiciak took a paid medical leave of absence from employment at the Journal. The Journal distributed to Zbiciak the medical-leave pay that his tenure entitled him to receive. On the last day that Zbiciak was eligible to receive these benefits, March 27, 2000, the Journal sent him notification of his removal from the payroll. Zbiciak received the Journal’s letter after he had already been removed from the payroll. Zbiciak neglected to request an extended general leave of absence at the expiration of his paid leave, even though he was unable to return to work. To this day, he neither has applied for an unpaid general leave of absence nor has he returned to work.

Zbiciak filed a complaint alleging breach of contract on May 24, 2000 in the Circuit Court for Genesee County, Michigan. The Journal removed the case to the Eastern District of Michigan based on diversity of citizenship and 28 U.S.C. § 1441. Near the close of discovery, the Journal moved for summary judgment. The district judge granted the Journal’s motion, finding that Zbiciak failed to produce any evidence that the Journal breached the contract. Zbiciak filed a timely notice of appeal.

II.

We review de novo a district court’s order granting summary judgment. Rannals v. Diamond Jo Casino, 265 F.8d 442, 447 (6th Cir.2001), cert. denied, 534 U.S. 1132, 122 S.Ct. 1074, 151 L.Ed.2d 976 (2002). In accordance with Federal Rule of Civil Procedure 56(c), a grant of summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c). The moving party has the initial burden of proving that no genuine issue as to any material fact exists such that it is entitled to a judgment as a matter of law. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1477 (6th Cir.1989). To meet this burden, the moving party may rely on any of the evidentiary sources listed in Rule 56(c). Id. at 1478. Alternatively, the moving party may assert that the nonmoving party will be unable to produce sufficient evidence to avoid summary judgment, and, if after a reasonable opportunity for discovery the nonmoving party fails to produce any evidence which would create a genuine dispute for the jury, then summary judgment is proper. Id. A dispute over a material fact cannot be “genuine” unless a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In reviewing the district court’s decision to grant summary judgment, we view all evidence in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

[504]*504According to Michigan contract law, a contract provision that is clear and unambiguous must be “ ‘taken and understood in [its] plain, ordinary, and popular sense.’ ” Equitable Life Assurance Soc’y v. Poe, 143 F.3d 1013, 1016 (6th Cir.1998) (quoting Michigan Mut. Ins. Co. v. Dowell, 204 Mich.App. 81, 514 N.W.2d 185, 188 (1994)). Such unambiguous provisions are not subject to interpretation and must be enforced as written. See id. Alternatively, contract provisions are considered ambiguous when the “terms are reasonably and fairly susceptible to multiple understandings and meanings.” Id. A contract will not be considered ambiguous solely because the parties disagree as to the contract’s meaning. See id.

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

Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Stoken v. JET Electronics and Technology, Inc.
436 N.W.2d 389 (Michigan Court of Appeals, 1988)
D’avanzo v. Wise & Marsac, Pc
565 N.W.2d 915 (Michigan Court of Appeals, 1997)
Michigan Mutual Insurance v. Dowell
514 N.W.2d 185 (Michigan Court of Appeals, 1994)
Cady v. Taggart
193 N.W. 848 (Michigan Supreme Court, 1923)

Cite This Page — Counsel Stack

Bluebook (online)
49 F. App'x 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zbiciak-v-herald-co-ca6-2002.