Bishop v. Nu-Way Service Stations, Inc., No. 4:02CV1814 JCH.

• Decision Date: 16 March 2004
• Docket Number: No. 4:02CV1814 JCH.
• Citation: 313 F.Supp.2d 1026
• Parties: Craig BISHOP, Plaintiff, v. NU-WAY SERVICE STATIONS, INC., d/b/a Nu-Way Service, Inc., Defendant.
• Court: U.S. District Court — Eastern District of Missouri

313 F.Supp.2d 1026

Craig BISHOP, Plaintiff, v. NU-WAY SERVICE STATIONS, INC., d/b/a Nu-Way Service, Inc., Defendant.

No. 4:02CV1814 JCH.

United States District Court, E.D. Missouri, Eastern Division.

March 16, 2004.

Kathryn E. Denner, John D. Lynn, Denner and Lynn, St. Louis, MO, for Plaintiff.

Corey L. Franklin, James N. Foster, Jr., McMahon and Berger, St. Louis, MO, for Defendant.

MEMORANDUM AND ORDER

HAMILTON, District Judge.

This matter is before the Court on Defendant's Motion for Summary Judgment, filed November 10, 2003, and Plaintiff's Cross-Motion for Partial Summary Judgment, filed December 1, 2003. (Doc. Nos. 25, 28). Both motions are fully briefed and ready for disposition.

BACKGROUND

Plaintiff began working for Defendant as a mechanic in September, 1998. (First Amended Compl., ¶ 5). Plaintiff worked on the night shift. (Id.). As a condition of Plaintiff's employment with Defendant, Plaintiff became a member of Teamsters Local 618. (Defendant's Statement of Uncontroverted Material Facts ("Defendant's Facts"), ¶ 2, citing Plaintiff's Dep., P. 19). Pursuant to its collective bargaining agreement ("CBA"), Teamsters Local 618 acted as the sole bargaining agent for employees under its jurisdiction. (Defendant's Facts, ¶ 3, citing Defendant's Exh. A, Collective Bargaining Agreement). Article V of the CBA stated in relevant part as follows:

For purposes of this Agreement, a grievance is defined as any dispute, claim or complaint involving the interpretation or application of the provisions of this Agreement, not settled through the procedure set out in Section 1 and taken up in the grievance procedure outlined below. Said grievance also includes any claim under state substantive law or federal law, including but not limited to claims of unlawful discharge, claims of unlawful treatment based upon any one or combination of the factors prohibited by applicable state or federal law, including but not limited to claims of discrimination on the basis that the employees have availed themselves to workers' compensation rights, service letter claims, claims made pursuant to the Employee Retirement Income Security Act and its amendments, and/or any and all other claims under federal, state or local law, or by way of arbitration. All such grievances or claims shall be settled and determined exclusively by the grievance procedure.

(Defendant's Exh. A, P. 17).

In August, 2000, Plaintiff was diagnosed with multiple sclerosis. (Defendant's Facts, ¶ 14, citing Plaintiff's Dep., PP. 52-53). As a result, Plaintiff was placed on disability leave from August, 2000 through October 19, 2000. (Id., ¶ 15).

On October 17, 2000, Defendant sent a letter to Plaintiff, requesting that he provide paperwork setting forth his ability to perform the work required for his position. (Defendant's Facts, ¶ 19, citing Defendant's Exh. C). The letter further indicated that if Defendant failed to receive paperwork regarding Plaintiff's condition within five working days, Defendant would assume Plaintiff had resigned his position with Defendant. (Id., ¶ 20, citing Defendant's Exh. C). On October 19, 2000, Plaintiff's neurologist, Dr. Ahmed H. Jafri, issued a release for Plaintiff's return to work with restrictions. (Id., ¶ 16, citing Defendant's Exh. B). Specifically, Plaintiff's release required that Plaintiff be permitted to work during daylight hours, i.e., the morning shift, and that Plaintiff be restricted from performing strenuous work. (Id., ¶ 17, citing Defendant's Exh. B).

On October 23, 2000, Defendant sent Plaintiff a letter indicating it had neither day nor night openings that could accommodate the restrictions placed by Dr. Jafri. (Defendant's Facts, ¶ 21, citing Defendant's Exh. D).¹ The letter directed Plaintiff to return to his normal shift without restriction, or to resign his position. (Id., ¶ 22, citing Defendant's Exh. D).

On or about October 31, 2000, Plaintiff met with company representative Mariano Costello ("Costello") and Union Shop Steward Greg Maschmeyer ("Maschmeyer"), to discuss his ability to return to work. (Defendant's Facts, ¶ 23, citing Plaintiff's Dep., PP. 67-68). On November 2, 2000, Defendant sent Plaintiff another letter, again stating there were neither day nor night openings for work requiring little or no heavy lifting. (Id., ¶ 24, citing Defendant's Exh. E). In the letter, Defendant asked that Plaintiff resign his position as a mechanic. (Id., ¶ 25, citing Defendant's Exh. E).

On November 30, 2000, Plaintiff filed a written grievance regarding Defendant's refusal to assign him a mechanic's position on the day shift. (Defendant's Facts, ¶ 26, citing Defendant's Exh. F). Shop Steward Maschmeyer signed the written grievance, and submitted it to Teamsters Local 618's President, Robert Miller ("Miller"), for processing. (Id., ¶ 27, citing Defendant's Exh. F).

On December 18, 2000, a meeting was held in an effort to resolve Plaintiff's grievance regarding his desire to return to work as a mechanic. (Defendant's Facts, ¶ 28, citing Defendant's Exh. F; Plaintiff's Dep., PP. 75-77). The meeting was attended by Teamsters Local 618 President Miller, Shop Steward Maschmeyer, company representative Costello, and Plaintiff. (Id., ¶ 29, citing Defendant's Exh. I; Plaintiff's Dep., PP. 82-83). Eventually, Costello and Miller asked Maschmeyer and Plaintiff to leave the meeting, while they contacted Defendant's owner, Don Costello, Sr., in an effort to facilitate a settlement of the grievance. (Id., ¶ 30, citing Plaintiff's Dep., PP. 91-93).

Following the closed meeting, Plaintiff drafted an Agreement dated December 18, 2000, which stated in its entirety as follows:

I Craig T. Bishop agree to resign my position as a mechanic at Nu-Way Services with the provision that Nu-Way pay my health & welfare benefits through July 2001. In addition Nu-Way will pay me the sum of $5,000.00 before Jan. 7, 2001² as severance pay. I further agree that after all monies & benefits are paid I agree that I will not hold Nu-Way Services liable for any further financial obligations.

(Defendant's Exh. G). The settlement agreement was signed by Plaintiff and company representative Costello, and witnessed by Union President Miller and Union Shop Steward Maschmeyer. (Id.).

Plaintiff initially did not receive health and welfare benefits for January, 2001, but eventually the benefits were retroactively reinstated. (Defendant's Facts, ¶ 44, citing Defendant's Exhs. I-N; Plaintiff's Dep., PP. 144-45, 151-52). Plaintiff did not, however, receive his severance benefits in January, 2001. (First Amended Compl., ¶ 32). Instead, Plaintiff's $5,000.00 severance check was sent via certified mail in March, 2001. (Defendant's Facts, ¶¶ 45, 47, citing Plaintiff's Dep., P. 150).³ Upon receiving the severance pay, Plaintiff turned the check over to his retained attorney, who made a copy and returned the original to Defendant. (Id., ¶ 48, citing Plaintiff's Dep., PP. 147-50; First Amended Compl., ¶ 34). Plaintiff continued to accept the payment of health and welfare benefits on his behalf through July, 2001. (Id., ¶ 49, citing Plaintiff's Dep., PP. 144-45, 151-52; Defendant's Exhs. I-N).

Plaintiff filed his First Amended Complaint in this matter on October 22, 2003. (Doc. No. 24). In his First Amended Complaint, Plaintiff levels charges of failure to make reasonable accommodations, in violation of both the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12112 et seq., and the Missouri Human Rights Act ("MHRA"), Mo.Rev.Stat. § 213.010 et seq. (Counts I and II); wrongful termination, in violation of both the ADA and the MHRA (Counts III and IV); and equitable rescission (Count V). (Id.). As stated above, Defendant filed the instant Motion for Summary Judgment on November 10, 2003, asserting that Plaintiff's claims are barred by the doctrines of settlement, release, accord and satisfaction. (Doc. No. 25). Plaintiff filed his Cross-Motion for Partial Summary Judgment on December 1, 2003. (Doc. No. 28).

SUMMARY JUDGMENT STANDARD

The Court may grant a motion for summary judgment 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 judgment as a matter of law." Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The substantive law determines which facts are critical and which are irrelevant. Only disputes over facts that might affect the outcome will properly preclude summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment is not proper if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Id.

A moving party always bears the burden of informing the Court of the basis of its motion. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. Once the moving party discharges this burden, the nonmoving party must set forth specific facts demonstrating that there is a dispute as to a genuine issue of material fact, not the "mere existence of some alleged factual dispute." Fed.R.Civ.P. 56(e); Anderson, 477 U.S. at 247, 106 S.Ct. 2505. The nonmoving party may not rest upon mere allegations or denials of his pleading. Anderson, 477 U.S. at 256, 106 S.Ct. 2505.

In passing on a motion for summary judgment, the Court must view the facts in the light most favorable to the nonmoving party, and all justifiable inferences are to be drawn in his favor. Id. at 255, 106 S.Ct. 2505. The Court's function is not to weigh the evidence but to determine whether there is a genuine issue for trial. Id. at 249, 106 S.Ct. 2505.

DISCUSSION

I. Did Plaintiff Waive His Right To Assert Statutory Claims Against Defendant In Federal Court, When He Entered Into The December 18, 2000 Grievance Settlement?

In its Motion for Summary Judgment, Defendant first...