Bratten v. SSI Services Inc.

• Decision Date: 27 April 1999
• Docket Number: PLAINTIFF-APPELLANT,No. 97-6159,DEFENDANTS-APPELLEES,97-6159
• Parties: (6th Cir. 1999) CHARLES A. BRATTEN,, v. SSI SERVICES, INC.; ACS, INC., Argued:
• Court: U.S. Court of Appeals — Sixth Circuit

Page 625

185 F.3d 625 (6th Cir. 1999)

CHARLES A. BRATTEN, PLAINTIFF-APPELLANT, v. SSI SERVICES, INC.; ACS, INC., DEFENDANTS-APPELLEES.

No. 97-6159

U.S. Court of Appeals, Sixth Circuit

Argued: April 27, 1999

Decided: July 23, 1999

Appeal from the United States District Court for the Eastern District of Tennessee at Winchester. No. 95-00009--James H. Jarvis, District Judge. [Copyrighted Material Omitted] D. Russell Thomas (briefed), Herbert M. Schaltegger (argued and briefed), Thomas, Henderson & Pate, Murfreesboro, TN, for Charles A. Bratten.

William C. Rieder (argued and briefed), Haynes, Hull, Rieder & Ewell, Tullahoma, TN, for SSI Services, Inc.

Matthew C. Lonergan (briefed), Patricia H. Moskal (argued and briefed), Boult, Cummings, Conners & Berry, Nashville, TN, for ACS, Inc.

Before: Jones, Nelson, and Norris, Circuit Judges.

Nathaniel R. Jones, Circuit Judge.

Plaintiff-Appellant Charles A. Bratten appeals the district court's grant of summary judgment to defendants-appellees SSI Services, Inc. and ACS, Inc. (collectively "defendants" unless otherwise indicated) in Bratten's employment discrimination lawsuit brought pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. Although we find some of Bratten's arguments to be meritorious, we nevertheless believe that based on the facts of this case, the district court was ultimately correct in granting judgment to the defendants. Accordingly, we affirm.

I. Background

The parties agreed to most of the relevant facts in this case. SSI Services formerly contracted with the United States Air Force to provide mission support services at an engineering facility in Tullahoma, Tennessee. For several years while SSI Services was the contractor at the facility, it employed Bratten as an automotive mechanic. During this time, SSI Services entered into a collective bargaining agreement ("CBA") with the Air Engineering Metal Trades Council and Affiliated Union, AFL/CIO (the "Union"). Bratten's job classification as an automotive mechanic was a bargaining unit position subject to all terms and conditions of the CBA between SSI Services and the Union. ACS took over as contractor of the facility on October 1, 1995, and, at that time, assumed SSI Services's obligations under the CBA. ACS and SSI Services are separate entities, and, in fact, are competitors.

The CBA contained several provisions pertinent to this case. One such provision was Article II, Section 5, which is one of the CBA's non-discrimination clauses. The section provided as follows:

The Company and the Union agree to provide equal employment opportunity and affirmative action. The Company and the Union will comply with Executive Order 11246 and Title VII of the Civil Rights Act and will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, age, veterans status, or presence of a disability or handicap in connection with employment, demotion, upgrading, promotion or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; selection for training including apprenticeship; and layoff or termination.

J.A. at 255 (emphasis added). The CBA further provided that any complaints under the agreement were to be resolved through a grievance and arbitration procedure set forth in the agreement. The decision of the arbitrator was to be final and binding upon the parties.

Additionally, the CBA contains guidelines with respect to the filling of new jobs and vacancies. Article XIII, Section 11 lists procedures for "Job Posting," which provides in part:

"In the event of a new job, or a vacancy to be filled, the Company shall post on the bulletin boards a description of the job or vacancy, its location and rate of pay, and shall provide job bid forms for employees to write thereon their name and badge number for submittal [sic] to the Company. Consideration will be given [sic] any permanent employee who bids on the new job or vacancy within a period of five (5) working days from the date of the initial posting.

Employees temporarily absent or in layoff status may arrange with their Chief Steward to file a job bid form in their behalf."

J.A. at 284. Finally, Article XIII, Section 12 sets forth the process for "Filling of Vacancies," which reads in pertinent part:

"Filling of vacancies and promotions within the Bargaining Unit shall be made on the basis of qualifications to perform the work and seniority. If qualifications to perform the work of the job classification are considered equal, the senior employee shall be given preference. Should the Union disagree with the Company's selection of the employee under this section of the Contract to the extent the matter is processed to arbitration, the burden of proof will rest with the Company."

J.A. at 285.

The parties agree that the position of automotive mechanic requires the constant use of hand tools and power tools, and involves hand-intensive work on a repetitive basis. Many tasks performed by an automotive mechanic call for the use of hands and arms above the shoulder level, extension of the arms, and pushing, pulling, and manipulating heavy objects. J.A. at 305-06.

Sometime in 1992, Bratten sustained an injury in the course of his employment with SSI Services. Bratten eventually had to have surgery as a result of this injury, which left him with permanent limited use of his back, arms, and shoulders. Bratten subsequently filed a worker's compensation claim in state court. Although SSI Services initially contested the claim, the parties were able to reach a settlement. After an extended period of convalescence, Bratten returned to work at SSI Services in early 1993.

Upon his return to work, Bratten experienced difficulty performing portions of his job. He often requested assistance in completing the tasks he was assigned, particularly those requiring lifting or reaching overhead. Some examples of tasks that Bratten could not do without assistance included draining oil from a vehicle, replacing a starter, replacing a strut bushing, operating a wrecker, installing tires, removing a spark plug, installing a radiator, replacing a hydraulic hose, and washing a vehicle. Again, there is no dispute that these tasks are considered routine for an automotive mechanic.

Bratten admitted that he could not perform up to 20% of the duties of an automotive mechanic because his disability restricted him from doing overhead work. Apparently, while the parties still believed Bratten's disability to be temporary (roughly a six-month period), Bratten would request a co-worker to come over to Bratten's work station and perform overhead work for him on an ad hoc basis. Bratten reports that he often reciprocated the "favors" when his co-workers needed assistance at their own work stations.

On August 25, 1993, Bratten advised his supervisor at SSI Services, Harry Limbaugh, that he could not perform certain duties assigned to him. At that point in time, Bratten gave Limbaugh a letter from his physician, Dr. Richard Fishbein, which placed restrictions on his physical activities. The restrictions included:

(a) avoiding any hand-intensive work, especially on a repetitive basis;

(b)avoiding pushing, pulling or manipulating heavy objects; (c) performing light to sedentary types of work only; (d) lifting amounts limited to no greater than five pounds occasionally and ten pounds maximally. J.A. at 238-39. On August 31, 1993, SSI Services sent Bratten home, pending clarification of Bratten's medical restrictions from Dr. Fishbein. The next day, Dr. Fishbein wrote a terse letter stating only that the restrictions "refer[red] to overhead lifting." J.A. at 240.

After SSI Services received Dr. Fishbein's second letter, it placed Bratten on medical leave. An independent doctor provided by SSI Services conducted another medical examination of Bratten, and concurred with the restrictions set forth in Dr. Fishbein's August 25th letter. In November 1993, when it became clear that Bratten's physical condition would not improve, the SSI Services Human Resources Department posted an opening for an automotive mechanic to replace Bratten. That position was filled by promoting another employee into it in January 1994.

Seeking to keep his job, Bratten processed a complaint through the grievance procedures of the CBA. However, the Union decided not to pursue the claim, apparently because the Union representative believed that ADA disputes were better resolved in federal courts than through the arbitration process. J.A. at 182-83, 395. Bratten did not take his grievance to an arbitrator, even though he had the right to do so under the CBA. Instead, on January 26, 1995, Bratten filed a complaint against SSI Services in the district court alleging employment discrimination under the ADA. After ACS took over SSI Services' position at the Tullahoma facility, Bratten amended his complaint to add ACS as a defendant. On August 6, 1997, the district court granted the defendants' motions for summary judgment, thereby terminating the case.

All briefs in this case were originally filed by January 28, 1998. On August 14, 1998, this court granted Bratten's motion to hold this appeal in abeyance pending the Supreme Court's Disposition of Wright v. Maritime Serv. Corp., 119 S.Ct. 391 (1998). After Wright was decided, this appeal was rescheduled.

II. Summary Judgment Standard

We review a district court's grant of summary judgment de novo. See Terry Barr Sales Agency, Inc. v. All-Lock Co. Inc., 96 F.3d 174, 178 (6th Cir. 1996). Summary judgment is appropriate "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 that the moving party is entitled to a judgment as a matter of law." Fed R. Civ. P. 56(c); accord Terry Barr, 96 F.3d at 178. We view the facts...