Adams v. CSX Transp., Inc.
| Decision Date | 18 March 2020 |
| Docket Number | Case No.: 2:18-CV-00319-RDP |
| Parties | HOWARD ADAMS, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant. |
| Court | U.S. District Court — Northern District of Alabama |
This case is before the court on Defendant CSX Transportation Inc.'s Motion for Summary Judgment. (Doc. # 36). The Motion is fully briefed (Docs. # 36, 38, 43, 44, 45, 50) and ripe for review. After careful consideration, and for the reasons discussed below, Defendant's Motion (Doc. # 36) is due to be granted.
This case stems from Defendant CSX Transportation Inc.'s ("CSX" or "Defendant") suspension of Plaintiff Howard Adams ("Plaintiff" or "Adams") due to its finding that he dishonestly used FMLA leave on December 25, 2017. CSX is a freight railroad that maintains an operations hub in Birmingham, Alabama (Doc. # 38-1 at ¶ 2). Adams was hired by CSX in 2006 as a locomotive conductor in the CSX's Southwest region (, the Birmingham terminal). (Id.; Doc. # 1 at ¶¶ 5-6). Locomotive conductors operate trains. (Doc. # 38-1 at ¶ 2). Most locomotive conductors are part of the Defendant's "Train and Engine Workforce" ("T&E"). (Id.).Throughout 2016-2017, Adams was a T&E employee responsible for operating trains between Birmingham and Nashville. (Doc. # 38-3 at 13-14).
To meet customer demands, CSX runs trains twenty-four hours a day, seven days a week, 365 days a year. (Doc. # 38-2 at ¶ 4). Generally, T&E employees do not work a set schedule. (Id.). Rather, T&E employees are assigned to a pool and placed on a rotating list. (Id.). Employees are then called into work on an as needed basis, meaning that they can be called in at any time.2 (Id.). T&E employees indicate that they are available to work by "marking up" for it. (Id.). Similarly, T&E Employees indicate they are unavailable to work by "marking off" for an approved reason. (Id.). If an employee is marked off, he cannot be called into work. (Id.).
T&E Employees are subject to the "CSX Transportation Attendance Point System" ("CAPS"). (Doc. # 30-10 at 1). Generally, that policy assesses points to employees for certain absences, and employees are progressively disciplined each time they reach a 20-point threshold.3 (Id. at 1, 4-6). Employees are not assigned points for taking FMLA leave. (Id.). CAPS also provides a Good Attendance Credit:
Three points will be deducted from an employee's accumulated point total for every calendar month in which the employee has no attendance incidents covered under the [a]ttendance [p]oint [s]chedule [] and has not otherwise been absent during the calendar month for any reason, with the exception of approved vacation, demand day off (DDO), personal leave, jury duty, work-related illness or injury with valid doctor's note and bereavement leave days.
(Id. at 5). So, while T&E employees are not assessed points for their FMLA absences, they are not eligible for the good attendance credit when they take FMLA leave. (Id. at 7).
Adams suffers from "lumbar radiculopathy and cervical radiculopathy," which causes him to experience reoccurring symptoms of severe back pain, back spasms, and sharp radiating pain in his right leg. (Doc. # 38-3 at 58-65; Doc. # 1 at ¶ 59). Due to these conditions, Adams applied for intermittent Family and Medical Leave Act ("FMLA") leave in June 2015. (Doc. # 38-3 at 49). Adams's initial request for FMLA leave was approved by CSX, and so were his subsequent applications in 2015 and 2016. (Id.). Adams's most recent approval occurred on June 7, 2017. (Doc. # 1 at ¶ 14). CSX approved Adams for FMLA leave for the certified leave period of June 6, 2017 through December 30, 2017. (Id.). Adams was approved for FMLA leave based on an estimated frequency of two episodes per month at three days per episode, and two office visits per month. Adams began using his FMLA leave in 2015, and continued to use it through December 2017. (Doc. # 38-3 at 58-65).
Prior to the events that gave rise to his claims in this case, CSX warned Adams twice for misusing his FMLA benefits. (Doc. # 38-2 at 2, 4, 17, 20). First, in August 2016, Adams received a warning letter from CSX after he used his FMLA benefits on fourteen weekends in a twenty-eight-week span. (Id.). Second, in May 2017, CSX sent Adams a final warning letter after he used his FMLA benefits on four weekends in a seven-week span. (Id.).
CSX prohibits employee dishonesty and classifies it as a fireable offense. (Doc. # 38-1 at 19-20). The company maintains a disciplinary process. (Id. at 2, 7-14). Employees who are believed to have engaged in misconduct are charged with an offense, and then are required toattend a disciplinary hearing on the charges.4 (Id.). Hearings are conducted by a CSX manager. (Id. at 2, 10). At the hearing the CSX manager testifies about the basis for the charges, questions witnesses, and rules on evidentiary objections. (Id.). In most cases, the CSX manager who testifies as the charging officer is the same manager who decided to bring the charges. (Id.).
The CSX managers who serve as hearing officers are neither lawyers nor labor relations specialists. (Doc. # 38-1 at 2-3). To aid the charging officer, CSX's labor relations department or other company officials will sometimes prepare a script or a list of questions to be asked. (Id.). According to CSX, this practice is designed to provide continuity in disciplinary proceedings. (Id.). Additionally, the "script" ensures that that the facts relevant to the charges become part of the disciplinary record. (Id.).
The charged employee is represented by a union official and may present evidence in his own defense. (Doc. # 38-1 at 2, 7-14). The union official who represents the employee is also allowed to prepare questions for witnesses prior to the hearing. (Id. at 2-3). Discipline is not decided upon or assessed at the hearing. (Doc. # 38-1 at 2, 7-14). However, after the hearing concludes, the hearing officer may issue recommendations or findings. (Id. at 19-20). Disciplinary decisions are made by the General Superintendent for the Region (or his designee) after receiving a recommendation from the Labor Relations Department. Generally, discipline must be assessed within 30 days of the hearing. (Id. at 8). An employee who is disciplined can "grieve" it and have his claim heard by a neutral arbitrator. (Id. at 12-13).
Over Christmas 2017, over 750 CSX employees used their FMLA benefits and marked off from work. (Doc. # 38-2 at 2). Based on the unusual number of employees who marked off fromwork over the Christmas 2017 holiday, CSX believed that some employees had used their leave dishonestly and began investigating the mark-offs. (Id. at 2-3). To determine whether T&E employees with FMLA benefits had a pattern of marking off over other holidays or special events, CSX reviewed the attendance records of those employees who used FMLA benefits over the Christmas 2017 holiday. (Id.). Generally, if an employee had marked off at least four out of the past ten holidays, he was charged with dishonesty. (Id.). The employee was subsequently removed from service pending a disciplinary hearing.5 (Id.).
On December 25, 2017, Adams worked as a conductor on a train from Nashville to Birmingham. (Doc. # 38-3 at 74). Adams testified that a "rough riding locomotive" made for a "bumpy, bumpy ride." (Id. at 75, 77, 79). Adams testified that the jarring of the ride irritated his back and triggered an episode. (Id.). According to Adams, the pain increased throughout the trip, and by the time he reached home, due to the severe pain, he marked off using his FMLA leave.6 (Id. at 82-83). After returning home, Adams testified that he managed a few hours of sleep, and, consistent with his chiropractor's instructions for managing the pain, spent the majority of Christmas day laying down. (Id. at 84-85).
Previously in 2017, Adams also marked off for Father's Day, the fourth of July,7 and the day after Thanksgiving (Black Friday) until the following Monday. (Doc. # 38-2 at 5; Doc. # 38-3 at 88; Doc. # 38-4 at 105-06). According to CSX, this pattern combined with the timing of the December 25, 2017, mark-off suggested that Adams may have been using his FMLA benefits improperly (i.e., in a dishonest way). (Doc. # 38-2 at 5). CSX charged Adams with misusing his FMLA leave and suspended him from service, pending a disciplinary hearing. (Doc. # 38-3 at 90-91).
Adams was not the only CSX employee removed from service. (Doc. # 38-2 at 3). CSX also charged 123 other employees with dishonesty. (Id.). Similar to Adams, these employees used FMLA benefits over the Christmas 2017 holiday, and also marked off on at least 3 previous holidays or special events.8 (Id.).
At Adams's hearing, the manager who testified as the hearing officer was not the manager who had brought the charges. (Doc. # 38-1 at 2). CSX manager Jolanda investigated Adams's suspected FMLA misuse in December 2017. (Doc. # 38-5 at 107). But, because 123 employees were charged, Johnson could not testify at all of the hearings. (Doc. # 38-2 at 3-4). As a result, other managers assisted Johnson and filled in for her at various hearings. (Id.). The managers were given "talking points" to use when answering questions at the hearing. (Id.; Doc. # 38-5 at 76-80). According to CSX, the "talking points" included answers to questions commonly asked at hearings. (Id.). CSX contends that the purpose of the "talking points" was so that the managers could adequately explain the basis for the charges. (Id.).
At Adams's hearing, Anita Tingley, the CSX Manager of Field Administration, testified in place of Johnson. (Doc. # 38-2 at 5). Tingley stated that it was possible that Adams's back condition prevented him from working over the Christmas 2017 h...
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