Benavidez v. Sandia Nat'l Labs., CIV 15-0922 JB/LF

• Court: United States District Courts. 10th Circuit. District of New Mexico
• Citation: 212 F.Supp.3d 1039
• Docket Number: No. CIV 15-0922 JB/LF,CIV 15-0922 JB/LF
• Parties: Linda BENAVIDEZ, Plaintiff, v. SANDIA NATIONAL LABORATORIES, Varick Tucker, Personally, and Timothy Gardner, Personally, Defendants.
• Decision Date: 27 June 2016

212 F.Supp.3d 1039

Linda BENAVIDEZ, Plaintiff,
v.
SANDIA NATIONAL LABORATORIES, Varick Tucker, Personally, and Timothy Gardner, Personally, Defendants.

No. CIV 15-0922 JB/LF

United States District Court, D. New Mexico.

Signed June 27, 2016

212 F.Supp.3d 1043

Katherine A. Wray, Jane Katherine Girard, Wray & Girard P.C., Albuquerque, New Mexico, Rachel Berenson, Berenson & Associates, P.C., Albuquerque, New Mexico, Rachel E. Higgins, Rachel E. Higgins, Attorney at Law, Albuquerque, New Mexico, Attorneys for the Plaintiff

Aaron C. Viets, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico, Justin E. Poore, Sandia Corporation, Albuquerque, New Mexico, Attorneys for the Defendants

AMENDED MEMORANDUM OPINION AND ORDER¹

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on: (i) the Defendants' Motion to Dismiss,

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filed October 21, 2015 (Doc. 7)(the "Motion"); and (ii) the Plaintiff's Response to Defendants' Motion to Dismiss (Doc. 7), Request for Remand, and Memorandum in Support, filed November 20, 2015 (Doc. 16) ("Response"). The Court held a hearing on January 20, 2016. The primary issues are: (i) whether § 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a) ("LMRA"), preempts Plaintiff Linda Benavidez' claims for gender and age discrimination under the New Mexico Human Rights Act, N.M. Stat. Ann. §§ 28–1–1 to –14 ("NMHRA"), and for intentional infliction of emotional distress; (ii) if federal law does not preempt Benavidez' gender and age discrimination claims under the NMHRA, whether the Court should nonetheless dismiss her claims for failure to state a claim; (iii) whether Benavidez failed to exhaust her administrative remedies with respect to her claims against Defendants Timothy Gardner and Varick Tucker, and with respect to some of the conduct alleged in support of her discrimination claims that occurred after she filed her charge of discrimination; (iv) whether Benavidez' intentional-infliction-of-emotional-distress claim fails as a matter of law; and (v) whether the Court should remand the case to state court because it lacks subject-matter jurisdiction. The Court will grant the Motion and deny the request in the Response that the Court remand this action to state court. First, the Court concludes that the LMRA's § 301 does not preempt Benavidez' age and sex discrimination claims brought pursuant to the NMHRA. Second, the Court concludes that the LMRA's § 301 partially preempts Benavidez' intentional-infliction-of-emotional-distress claim. The Court concludes that, to the extent that Benavidez bases her intentional infliction of emotional distress claim on Gardener's "belittl[ing] and berat[ing]" her "for not being able to complete the course work she took in preparation for attempting to obtain a Trades Degree," § 301 does not foreclose Benavidez from asserting an intentional infliction of emotional distress claim. The Court concludes, however, that § 301 preempts Benavidez' intentional-infliction-of-emotional-distress claim to the extent that it is based on: (i) the Defendants' downgrading of Benavidez and putting her in a position for which she was not qualified, either by experience or physical abilities, rather than allowing her to move into another Grade 8 position; and (ii) the Defendants doing nothing to help her find another, more appropriate position after she complained to management multiple times and asked for help in her new position, and their ultimate termination of Benavidez for being unable to perform the new position. The Court nonetheless dismisses the portion of Benavidez' intentional-infliction-of-emotional-distress claim that § 301 preempts, because Benavidez has not demonstrated that she exhausted her remedies under the CBA. See Allis – Chalmers Corp. v. Lueck , 471 U.S. 202, 220–21, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985) (concluding that complaint should have been dismissed for failure to make use of the grievance procedure established in a collective-bargaining agreement or dismissed as preempted by § 301). Third, the Court concludes that Benavidez states a claim for

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sex and age discrimination under the NMHRA. Fourth, the Court will dismiss the claims against the individual defendants—Gardner and Tucker—because Benavidez has not exhausted her administrative remedies against them. The Court concludes, however, that Benavidez has exhausted her administrative remedies for the conduct alleged in support of her NMHRA discrimination claims that took place after she filed her Charge of Discrimination on September 9, 2014. Fifth, with respect to the portion of Benavidez' intentional-infliction-of-emotional-distress claim that § 301 does not preempt, the Court concludes that Benavidez does not state a claim upon which relief can be granted. In sum, the Court is left with two state-law discrimination claims brought under the NMHRA. While the Court concludes that it retains federal enclave jurisdiction over this action, and therefore denies Benavides' request in the Response that the Court remand this action to state court, it must dismiss Benavidez' three claims—including those brought under the NMHRA—pursuant to the federal enclave doctrine.

FACTUAL BACKGROUND

The Court takes its facts from the First Amended Complaint for Damages for Violation of the New Mexico Human Rights Act, and for Intentional Infliction of Emotional Distress, filed October 15, 2015 (Doc. 1-2) ("Complaint"),² as it must at the motion-to-dismiss stage, see Smith v. United States , 561 F.3d 1090, 1098 (10th Cir.2009) ("[F]or purposes of resolving a Rule 12(b)(6) motion, we accept as true all well-pled factual allegations in a complaint and view these allegations in the light most favorable to the plaintiff." (citing Moore v. Guthrie , 438 F.3d 1036, 1039 (10th Cir.2006) ).

1. The Parties .

Benavidez is a United States citizen and a resident of Albuquerque, New Mexico. See Complaint ¶ 8, at 6. At all times relevant to the Complaint, Defendant Sandia National Laboratories employed Benavidez. See Complaint ¶ 8, at 6. Sandia Labs is a New Mexico corporation that at all times relevant to the Complaint employed more than fifteen employees. See Complaint ¶¶ 9-10, at 6. Tucker was Benavidez' Human Resource manager and Gardener was Benavidez' manager. See Complaint ¶¶ 11-12, at 6.

2. The Events Giving Rise to the Litigation .

Sandia Labs hired Benavidez as a Neutron Generator Production Specialist on June 1, 2001, and assigned her to work at Sandia Labs in Albuquerque. See Complaint ¶ 14, at 7. At all relevant times relevant to the Complaint, Benavidez was a woman and over the age of forty. See Complaint ¶ 40, at 10-11; id. ¶ 51, at 12. While working as a Neutron Generator Production Specialist, Benavidez was trained and successfully learned all of her job functions, and she was cross-trained on many other jobs within her department. See Complaint ¶ 15, at 7. While working at Sandia Labs, Benavidez "developed some serious medical conditions which resulted in Plaintiff's life activities being affected." Complaint ¶ 16, at 7. At some time in 2011, the requirements of Benavidez' position changed to include the need for a Trades Degree, although the essential functions of her position never changed. See Complaint ¶ 17, at 7; id. ¶ 52, at 12.

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"Defendant Timothy Gardener implemented the requirement for a Trades Degree in attempt to get rid of all Grade 8's in the Neutron Generator location." Complaint ¶ 18, at 7. To obtain a Trades Degree, Benavidez would have had to return to school for college-level courses such as physics, trigonometry, and chemistry, which would have required her to take years of preparatory classes in order to even qualify to take the required classes. See Complaint ¶ 19, at 7; id. ¶ 42, at § 11; id. ¶ 53, at 12. "Plaintiff had not attended school since graduating from high school in the 1970s." Complaint ¶ 19, at 7. These classes had no bearing on the work that the Neutron Generator Productions Specialist position required. See Complaint ¶ 20, at 7. Benavidez attempted to take a class, but could not keep up with the course work. See Complaint ¶ 20, at 7. Benavidez "was offered tutoring for her class work but that never occurred." Complaint ¶ 20, at 7. Gardener "belittled and berated Plaintiff for not being able to complete the course work she took in preparation for attempting to obtain a Trades Degree." Complaint ¶ 64, at 13. Throughout her employment at Sandia Labs, Benavidez consistently received positive ratings on her performance reviews. See Complaint ¶ 21, at 7-8; id. ¶ 41, at 11; id. ¶ 52, at 12. She also received comprehensive training for her position's functions until Sandia Labs required her to obtain a Trades Degree. See Complaint ¶ 21, at 8; id. ¶ 41, at 11; id. ¶ 52, at 12.

Benavidez was told that, if she was unable to obtain the Trades Degree, she would be "bumped" into another similar position at Sandia Labs with the same grade level and pay. Complaint ¶ 22, at 8. See id. ¶ 42, at 11; id. ¶ 53, at 12. On June 23, 2014, Gardner informed her "that she would no longer be working as a...