Alexander v. Gardner-Denver Company, 71-1548.
| Decision Date | 11 August 1972 |
| Docket Number | No. 71-1548.,71-1548. |
| Citation | 466 F.2d 1209 |
| Court | U.S. Court of Appeals — Tenth Circuit |
| Parties | Harrell ALEXANDER, Sr., Plaintiff-Appellant, v. GARDNER-DENVER COMPANY, a Delaware Corporation, Defendant-Appellee. |
Henry V. Ellwood, Denver, Colo., for plaintiff-appellant.
Robert G. Good, Denver, Colo., for defendant-appellee.
Before HILL and BARRETT, Circuit Judges, and LANGLEY, District Judge.
This appeal is from the granting of defendant-appellee's motion for summary judgment, by the United States District Court for the District of Colorado, in a civil action filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging racially motivated discriminatory employment practices by Gardner-Denver Company. Three grounds were advanced by Gardner-Denver in support of its motion. The first two bases challenged the timeliness of plaintiff's filing suit, and the trial court's jurisdiction following a finding of the Equal Employment Opportunity Commission (EEOC) of no reasonable cause to believe that Gardner-Denver had engaged in unlawful employment practices. These were decided adversely to Gardner-Denver. The third proposition asserted that submission of the employment grievance to an impartial arbitrator precluded Alexander from maintaining a Title VII civil action and that the decision of the arbitrator was binding. This was decided adversely to Alexander and forms the basis of his appeal.
Harrell Alexander, a Negro, was employed by Gardner-Denver for over three years. He had advanced to a trainee's position in the drill department. He had been awarded this position on June 11, 1968, after having been employed for over two years by appellee, and had held this same position until he was discharged on September 29, 1969. The reason assigned was Alexander's poor performance as a drill press trainee, as evidenced by his accumulations of excessive amounts of scrap.
The collective bargaining agreement provided that an employee who believed Gardner-Denver had disregarded the labor agreement could lodge a protest within five days of the asserted breach. Alexander filed his grievance, and it was denied by Gardner-Denver. Further pursuant to the Union Agreement provision for adjustment of grievances, the matter was submitted to arbitration. The arbitrator concluded the discharge was for just cause following a series of progressive industrial disciplinary practices. The issue of racially-motivated discriminatory...
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Alexander v. Company 8212 5847
...decision as evidence and accord it such weight as may be appropriate under the facts and circumstances of each case. Pp. 59—60. 10 Cir., 466 F.2d 1209, Paul J. Spiegelman, Washington, D.C., for petitioner. Robert G. Good, Denver, Colo., for respondent. Lawrence G. Wallace, Washington, D.C.,......
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Held v. Missouri Pacific Railroad Company, Civ. A. No. 73-H-1053.
...402 U.S. 689, 91 S.Ct. 2186, 29 L.Ed.2d 267 (1971); Alexander v. Gardner-Denver Co., 346 F.Supp. 1012 (D.Colo.1971), aff'd, 466 F.2d 1209 (10th Cir. 1972), cert. granted, 410 U.S. 925, 93 S.Ct. 1398, 35 L.Ed.2d 586 (1973). In the absence of such full consideration, the district court should......
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Macklin v. Spector Freight Systems, Inc.
...Spann v. Kaywood Division, Joanna Western Mills Co., 6 Cir., 446 F.2d 120 (1971). Our result is not precluded by Alexander v. Gardner-Denver Co., 10 Cir., 466 F.2d 1209 (1972), affirming per curiam D.Colo., 346 F.Supp. 1012 (1971), a discharge case which upheld dismissal of a Title VII acti......
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McMiller v. Bird & Son, Inc.
...1358, 1360, 4 L.Ed.2d 1424 (1960). Dewey v. Reynolds Metals Co., 429 F. 2d 324 (6th Cir., 1970), followed by Alexander v. Gardner-Denver Co., 466 F.2d 1209 (10th Cir., 1972), held that this arbitration policy requires dismissal of an employment discrimination action under Chapter VII of the......
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Thirty-five Years of Litigating Over Arbitration in Employment Cases
...LEXIS 5705 at *5 (D.Colo. 1974). 6. Id. 7. Id. 8. Alexander, supra note 4 at 1019. 9. Id. 10. Id. 11. Alexander v. Gardner-Denver Co., 466 F.2d 1209 (10th Cir. 1972). 12. Alexander, supra note 2. 13. Appointed by President Richard Nixon on January 31, 1974, Richard P. Matsch received his ju......