Aramburu v. Boeing Co.

• Decision Date: 21 December 1995
• Docket Number: No. 93-4064-SAC.,93-4064-SAC.
• Citation: 911 F. Supp. 1377
• Parties: Santiago ARAMBURU, Plaintiff, v. The BOEING COMPANY d/b/a Boeing Commercial Airplane Group, Wichita Division Boeing Corporation, and Larry Whitesell, Defendants.
• Court: U.S. District Court — District of Kansas

911 F. Supp. 1377

Santiago ARAMBURU, Plaintiff, v. The BOEING COMPANY d/b/a Boeing Commercial Airplane Group, Wichita Division Boeing Corporation, and Larry Whitesell, Defendants.

No. 93-4064-SAC.

United States District Court, D. Kansas.

December 21, 1995.

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Harold S. Youngentob, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Santiago Aramburu.

Gloria G. Flentje, J. Steven Massoni, Foulston & Siefkin, Wichita, KS, for Boeing Company, d/b/a Boeing Commercial Airplane Group, Wichita Division Boeing Corporation dba Boeing Commercial Airplane Group, Larry Whitesell.

MEMORANDUM AND ORDER

CROW, District Judge.

On March 22, 1993, the plaintiff, Santiago Aramburu, commenced this action against his former employer, The Boeing Company (Boeing), and his former supervisor, Larry Whitesell. Aramburu's amended complaint seeks to recover damages and secure equitable relief to redress the deprivation of rights secured by the Civil Rights Act of 1991, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, Title I of the American with Disabilities Act of 1990 (ADA), and the Kansas Act Against Discrimination (KAAD). The plaintiff claims that the defendants have discriminated against him on the basis of his Mexican American ancestry, as well as his work-related disability of carpal tunnel syndrome. Aramburu claims to have suffered discrimination at the hands of Larry Whitesell, his supervisor. The plaintiff's discrimination claims are based upon both disparate treatment and disparate impact theories. Aramburu also claims damages from a hostile work environment. Boeing denies the plaintiff's allegations, arguing that the plaintiff was terminated based upon his failure to maintain acceptable attendance.

On December 28, 1993, this court entered a memorandum and order dismissing the Plaintiff's ADA claim and his protected speech claims under the First and Fourteenth Amendments of the United States Constitution. See Aramburu v. The Boeing Co., No. 93-4064-SAC, 1993 WL 544567, 1993 U.S.Dist. LEXIS 18620 (D.Kan. Dec. 29, 1993).

On September 22, 1994, the magistrate judge entered two separate memorandum and orders. See (Dk. 87 and 88). Each order addressed certain issues presented by Aramburu's motion to compel discovery (Dk. 39). While certain portions of the plaintiff's requests for discovery were denied, in large part, those orders were generally favorable to the plaintiff.

On October 6, 1994, pursuant to Fed. R.Civ.P. 72(a) and D.Kan.Rule 604, Boeing filed objections to the September 22, 1994, memorandum and orders entered by the magistrate judge. On March 14, 1995, this court entered a memorandum and order sustaining in part and denying in part Boeing's objections to the memorandum and orders entered by the magistrate judge on September 22, 1994. See Aramburu v. Boeing, 885 F.Supp. 1434 (D.Kan.1995).

This case comes before the court upon the defendants' motion for summary judgment. The defendants seek summary judgment on all of Aramburu's claims. The defendants contend that Aramburu's claims are procedurally barred and/or fail on the merits. Aramburu responds, arguing that genuine issues of material fact preclude summary judgment.¹ The defendants filed a reply. The court, having considered the briefs of the parties and the applicable law, grants the defendants' motion for summary judgment.²

Summary Judgment Standards

A court grants a motion for summary judgment if a genuine issue of material fact does not exist and if the movant is entitled to judgment as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). The substantive law governing the suit dictates which facts are material or not. Id. at 248, 106 S.Ct. at 2510. "Only disputes over facts that might affect the outcome of the suit under the governing law will ... preclude summary judgment." Id. There are no genuine issues for trial if the record taken as a whole would not persuade a rational trier of fact to find for the nonmoving party. Matsushita Elec. Indust. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). "There are cases where the evidence is so weak that the case does not raise a genuine issue of fact." Burnette v. Dow Chemical Co., 849 F.2d 1269, 1273 (10th Cir.1988).

The movant's burden under Rule 56 of the Federal Rules of Civil Procedure is to lay out the basis of its motion and to "point to those portions of the record that demonstrate an absence of a genuine issue of material fact given the relevant substantive law." Thomas v. Wichita Coca-Cola Bottling Co., 968 F.2d 1022, 1024 (10th Cir.), cert. denied, 506 U.S. 1013, 113 S.Ct. 635, 121 L.Ed.2d 566 (1992). "A movant is not required to provide evidence negating an opponent's claim." Committee for First Amendment v. Campbell, 962 F.2d 1517, 1521 (10th Cir.1992) (citation omitted).

If the moving party meets its burden, then it becomes the nonmoving party's burden to show the existence of a genuine issue of material fact. Bacchus Industries, Inc. v. Arvin Industries, Inc., 939 F.2d 887, 891 (10th Cir.1991); see Martin v. Nannie and the Newborns, Inc., 3 F.3d 1410, 1414 (10th Cir.1993) ("If the moving party meets this burden, the non-moving party then has the burden to come forward with specific facts showing that there is a genuine issue for trial as to elements essential to the nonmoving party's case."). When the nonmoving party will have the burden of proof at trial, "`Rule 56(e)' ... then requires the nonmoving party to go beyond the pleadings and by her own affidavits or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Mares v. ConAgra Poultry Co., Inc., 971 F.2d 492, 494 (10th Cir.1992) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986)). "Unsubstantiated allegations carry no probative weight in summary judgment proceedings." Phillips v. Calhoun, 956 F.2d 949, 951 (10th Cir.1992) (citations omitted); see Martin, 3 F.3d at 1414 (non-moving party cannot rest on the mere allegations in the pleadings). "Speculation does not create a genuine issue of fact; instead, it creates a false issue, the demolition of which is a primary goal of summary judgment." Hedberg v. Indiana Bell Telephone Co., Inc., 47 F.3d 928, 929 (7th Cir.1995); see Vega v. Kodak Caribbean, Ltd., 3 F.3d 476, 479 (1st Cir.1993) ("Optimistic conjecture, unbridled speculation, or hopeful surmise will not suffice."). The court views the evidence of record and draws inferences from it in the light most favorable to the nonmoving party. Burnette v. Dow Chemical Co., 849 F.2d at 1273.

More than a "disfavored procedural shortcut," summary judgment is an important procedure "designed `to secure the just, speedy and inexpensive determination of every action.' Fed.R.Civ.P. 1." Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986). At the same time, a summary judgment motion is not the chance for a court to act as the jury and determine witness credibility, weigh the evidence, or decide upon competing inferences. Windon Third Oil and Gas v. Federal Deposit Ins., 805 F.2d 342, 346 (10th Cir. 1986), cert. denied, 480 U.S. 947, 107 S.Ct. 1605, 94 L.Ed.2d 791 (1987).

Uncontroverted Facts

The court has synthesized the uncontroverted facts to only those relevant to its decision. Although Aramburu contests several of the defendants' statements of uncontroverted facts, many of those objections are not supported by materials which the court may consider or are otherwise inappropriate. The court will make no attempt to specifically explain its resolution of the parties' numerous disputes regarding the uncontroverted facts, but instead has simply set forth the facts necessary for its decision. In rendering this decision, the court has only considered the materials submitted prior to September 29, 1995.

Santiago Aramburu is a male of Hispanic-American descent. The Boeing Company is a Delaware corporation conducting business in the State of Kansas. Larry Whitesell is a white male currently employed by Boeing. At all times material to this case, Whitesell served as a manager in the major assembly area of Boeing's Wichita plant.

Aramburu was originally hired by Boeing on June 8, 1978, as a grade four sheet metal assembler. Aramburu held the same position when he was terminated on January 29, 1992. At all relevant times, Aramburu was a member of a bargaining unit covered by the Collective Bargaining Agreement between Boeing and the International Association of Machinists and Aerospace Workers (IAM) dated November 22, 1989. Aramburu's employment was governed by the Collective Bargaining Agreement and Boeing policies and procedures developed in accordance with that agreement.

The Collective Bargaining Agreement provides that an employee accumulates sick leave and vacation time in relation to the number of hours worked. The ratio varies according to the employee's seniority date. The first forty hours of credit earned each year are allocated sick leave, and all remaining credits are allocated to vacation. The Collective Bargaining Agreement states that employees are to be paid for absences charged to their accumulated sick leave, and are not to be penalized for such absences as long as they are reported to Boeing. If an employee has exhausted his sick leave, he may use vacation time to cover absences due to illness. The Collective Bargaining Agreement provides that an employee must seek advance approval for the use of vacation time. Management may deny requests for vacation dates if it believes that permitting vacation time as requested would interfere seriously with production requirements.

Although not specifically provided for in the collective bargaining agreement,...