Bradshaw v. Goodyear Tire and Rubber Co.

• Decision Date: 10 May 2007
• Docket Number: No. 3:06 CV 2402.,3:06 CV 2402.
• Citation: 485 F.Supp.2d 821
• Parties: Troy BRADSHAW, Plaintiff, v. GOODYEAR TIRE AND RUBBER COMPANY, et al., Defendant.
• Court: U.S. District Court — Northern District of Ohio

485 F.Supp.2d 821

Troy BRADSHAW, Plaintiff, v. GOODYEAR TIRE AND RUBBER COMPANY, et al., Defendant.

No. 3:06 CV 2402.

United States District Court, N.D. Ohio, Western Division.

May 10, 2007.

COPYRIGHT MATERIAL OMITTED

Troy Bradshaw, Lima, OH, Pro se.

Linda H. Harrold, Duvin, Cahn & Hutton, Cleveland, OH, for Defendant.

MEMORANDUM OPINION

KATZ, District Judge.

This matter is before the Court on Defendant Goodyear's motion to dismiss (Doc. 8) and Defendant Union's motion to dismiss (Doc. 13). This Court has jurisdiction pursuant to 28 U.S.C. § 1331. For the reasons discussed herein, Defendants' motions are hereby granted in part and denied in part.

I. Background

Plaintiff Troy Bradshaw worked at Defendant Goodyear Tire and Rubber Company's ("Goodyear") plant in Auglaize County, Ohio from May of 1998 until his discharge in August of 2005. He was a member of Defendant United Steelworkers Local 200L ("Union"), a labor organization and exclusive bargaining agent for the unit in which Plaintiff was employed.

Goodyear received a report from a female employee that Plaintiff "had made a big scene about her being with [a male] coworker, ... called [him] names, and threatened to kill him. She further asserted that he kicked a piece of rubber at her as she was leaving." Arbitrator's Decision, Pl.Ex. Doc. 1-2 (pp. 7-19) at 3. Plaintiff "had been by her build machine several times and had sat where he could watch her work." Id. at 4. Further, Plaintiff allegedly said that if the male employee "said anything to him [Plaintiff] would kick his ass in the parking lot," indicated that he had driven by the male employee's house, and threatened to "come in here with a gun." Id. Plaintiff alleges that supervisors, co-workers, and union officials and members called him derogatory names in reference to his mental condition, vandalized his locker, and painted his name in graffiti on the walls.

Goodyear discharged Plaintiff on the basis of its finding that he violated a zero tolerance policy that prohibits violence, threats of violence, sexual harassment, unwelcome sexual advances, and other similar conduct. Plaintiff filed and the Union processed a discharge grievance and requested an arbitration hearing, which was held before an arbitrator and included the presentation of witnesses and evidence by the Union on behalf of Plaintiff and by Goodyear. Goodyear did not produce "most of the [at least five] eyewitnesses whose statements were taken during the [c]ompany's investigation." Id. at 8. The Union objected to the statements as hearsay and as denying the opportunity to cross-examine witnesses. The Union's case included Plaintiffs testimony, but he did not deny the alleged actions or threats. He testified that "[t]here are some times you can't take someone who keeps harping at you, you get PO'd." Id. at 7. Plaintiff also stated that "he had been the target of harassment by way of graffiti and vandalism in his locker. He also asserted he is on medication." Id. He denied being a threat to anyone. The arbitrator found that Bradshaw was "preoccupied with [the female employee] and hostile about her relationship with" the male employee. Id. at 10.

The Union also called Union Division Chair Patrick Jackson, who testified that "he spoke with a number of people who worked in the area and no one had trouble with [Plaintiff]. He solicited and received seven statements from employees to this effect." Id. at 7. In an April 5, 2006 arbitration award in favor of Goodyear, the arbitrator found the following:

[Plaintiff's] credibility must be evaluated. He has previously been suspended for an instance of physical violence. However, neither during his testimony nor his interview was there any admission whatsoever of wrongdoing. There was no acknowledgment that other employees were concerned and there was no expression of any intent to change or to address co-workers' concerns about intimidation. There was no indication that [Plaintiff] had learned from his past mistakes. Rather, [his] testimony and interview demonstrated evasion of responsibility, unconcern about the perceptions of others and anger.

[Plaintiff's] statements evidence an unapologetic perception that be has a right to threaten others. He simplistically wrote off his talk of "kicking, ass" as shop talk. He asserted he had been the target of harassment himself. [Goodyear] did not deny that [Plaintiff] had been the subject of bathroom graffiti and locker vandalism. These incidents were serious and would be upsetting to anyone. However, [Plaintiff's] reaction was openly hostile and retaliatory; he plainly stated there are times you "can't take" the harping, you get "pissed off' and "take stuff in a different direction." These statements accept retaliation and anger as appropriate and affirm a "right" to deal with others in anger when "pissed off." Taking "stuff in a different direction" implies a change of victim rather than a peaceful resolution.

There is no concept here of an employee working with [Goodyear] to address problems. Rather, the approach is one of alienated self-help. His rote denial of any capacity to be a threat to others or to aggress against anyone is belied by his prior discipline for doing just that. [Plaintiff] admitted he was "pissed off" by things that [the female employee] had said and indicated intolerance for accusations: "I'm not eating shit twice." He in no way denied kicking a piece of rubber towards [her], and did not take this allegation seriously at all. The evidence in this case must be viewed as a whole. At least seven employees gave statements that they had eye witnessed [Plaintiff] engaging in hostile or intimidating conduct. These statements are cumulative and substantiate each other. The reliability of such written statements is significantly enhanced by having multiple witnesses confirm the stated facts. The statements by those who witnessed no such conduct merely indicate they were not present during the events of concern.

The Union correctly asserts that much of [Goodyear's] evidence is flawed. However, [Goodyear] produced eyewitness testimony that [Plaintiff] was hostile and threatening, and that he stared at [the female employee] in a hostile and intimidating way. Further, [Plaintiff] himself exhibited undenied hostility during his interview. Most importantly, does not deny drop kicking a piece of rubber towards [her], choosing instead to quibble over its color. Indeed, his response ("all we run is black rubber tracks") sidesteps the allegation so as to effectively constitute an admission. The conduct placed [the female employee] in imminent physical danger and was both hostile and intimating. Indeed, it constituted assault. This act is sufficient, standing alone, to warrant serious discipline action, even in the absence of prior progressive discipline.

Upon receiving multiple, redundant and substantiating reports of intimidation, [Goodyear] was duty-bound to take action to address employee concerns. Its investigation was thorough, and demonstrated that [Plaintiff] had created a pervasively hostile and intimidating work environment. It has presented solid evidence that [he] intimidated and threatened co-workers. [He] had previously been suspended for violating the same policy. Under the circumstances, [Goodyear] accumulated enough evidence to warrant a finding of just cause.

Id. at 10-12.

Plaintiff filed a charge of disability discrimination with the Ohio Civil Rights Commission on October 18, 2005. The OCRC found no probable cause that the Union had discriminated against Plaintiff. Plaintiff filed the suit before this Court on October 4, 2006. Defendant Union filed a motion to dismiss the following claims of Plaintiffs complaint: Claim 1 — disability discrimination in violation of the Americans with Disabilities Act; Claim 3 — disability discrimination in violation of Ohio law; Claim 4 — state law public policy tort; Claim 7 — breach of duty of fair representation ("DFR"); Claim 8 — intentional infliction of emotional distress. Union Br. (Doc. 8) at 2. Defendant Goodyear filed a motion dismiss the following claims of Plaintiffs complaint: Claim 4; Claim 6 — breach of the collective bargaining agreement ("CBA"); Claim 8; and Claim 9 — state law negligent hiring and retention tort. Goodyear Br. (Doc. 13).

II. Standard of Review

No complaint shall be dismissed "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. 99, 2 L.Ed.2d 80, (1957); see also Pfennig v. Household Credit Servs., 295 F.3d 522, 525-26 (6th Cir.2002) (citing Bibbo v. Dean Witter Reynolds, Inc., 151 F.3d 559, 561 (6th Cir.1998)). When deciding a motion brought pursuant to Fed.R.Civ.P. 12(b)(6), the inquiry is essentially limited to the content of the complaint, although matters of public record, orders, items appearing in the record, and attached exhibits also may be taken into account. Yanacos v. Lake County, 953 F.Supp. 187, 191 (N.D.Ohio 1996). The Court's task is to determine not whether the complaining party will prevail on its claims, but whether it is entitled to offer evidence in support of those claims. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). The Court must accept all the allegations stated in the complaint as true, Hishon v. King & Spalding, 467 U.S. 69, 73, 81, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984), while viewing the complaint in the light most favorable to the plaintiff. Scheuer, 416 U.S. at 236, 94 S.Ct. 1683. A court, however, is "not bound to accept as true a legal conclusion couched as a factual allegation." Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986).

III. Discussion

A. Claims 1 and 3: Disability Discrimination

The federal Americans With Disabilities Act ("ADA") prohibits a covered employer from "discriminat[ing] against a qualified individual with a...