Britt v. Block, Civ. A. No. 82-279.

• Decision Date: 04 April 1986
• Docket Number: Civ. A. No. 82-279.
• Citation: 636 F. Supp. 596
• Parties: Carl T. BRITT v. John R. BLOCK, Secretary, U.S. Dept. of Agriculture; Bruce Watson, U.S. Dept. of Agriculture, S.C.S.; Robert Shaw, U.S. Dept. of Agriculture, S.C.S.; Richard Babcock, U.S. Dept. of Agriculture, S.C.S.
• Court: U.S. District Court — District of Vermont

636 F. Supp. 596

Carl T. BRITT v. John R. BLOCK, Secretary, U.S. Dept. of Agriculture; Bruce Watson, U.S. Dept. of Agriculture, S.C.S.; Robert Shaw, U.S. Dept. of Agriculture, S.C.S.; Richard Babcock, U.S. Dept. of Agriculture, S.C.S.

Civ. A. No. 82-279.

United States District Court, D. Vermont.

April 4, 1986.

Norman R. Blais, Blais Cain & Keller, Burlington, Vt., Walter G. Bilowz, Boston, Mass., for plaintiff.

George W.F. Cook, U.S. Atty., Donald J. Rendall, Asst. U.S. Atty., Rutland, Vt., for defendant John R. Block.

FINDINGS OF FACT AND CONCLUSIONS

HOLDEN, Senior District Judge.

The plaintiff Carl T. Britt of Hinsdale, New Hampshire, commenced this action in his own behalf in the United States District Court for the District of Columbia to obtain equitable and monetary relief to redress his complaint of racial discrimination in his employment by the Soil Conservation Service of the United States Department of Agriculture. Federal jurisdiction has been invoked pursuant to Section 717 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16. The cause was later transferred to the District of Vermont.

An amended complaint was substituted in this court by plaintiff's present counsel of record. The plaintiff voluntarily dismissed the claims which he had earlier advanced against the defendants Watson, Shaw and Babcock. It appears that all of the conditions imposed by force of 42 U.S.C. §§ 2000e-16 and 2000e-5(f) have been met. The case proceeded to trial by the court sitting without a jury. Upon consideration of the evidence presented, the court states its findings of fact and the conclusions of law which follow.

The Facts

Carl Britt is a black citizen of the United States who received a formal education in soil science at the North Carolina Agricultural and Technical College. He was graduated with a bachelor of science degree in soil science in 1971. On August 27, following graduation, he was appointed by the Department of Agriculture and assigned by that agency to the Soil Conservation Service (SCS) for initial employment in St. Albans, Vermont, at the grade level of GS-5, Soil Scientist. His first year's work was essentially performed in a training position which involved acreage counting and mapping the soil ingredients of the areas under the investigation according to a grid system. In addition to soil mapping, he received training in soil evaluation, field survey, descriptive and manuscript writing and the conduct of field surveys.

The plaintiff's early years of service in the SCS were rewarding. In September of 1972 he was advanced to soil scientist in a higher grade. His supervisor, Robert Joslin, entrusted him with more responsibility, including work on manuscripts. As his training program continued he required less supervision.

Early in 1974 the plaintiff was designated for special assignment in Kentucky for the months of January through May. After eighteen months combined service in Kentucky and Vermont, Mr. Britt was advanced to GS-9 and assigned to serve in the supervisory capacity of soil survey party leader in Morrisville, Vermont under Bruce B. Watson, the State Soil Scientist. Before undertaking his new responsibilities, the plaintiff met with his supervisor, Watson to develop a training program and discuss his leadership requirements for the ensuing year. At this time there were five other soil party leaders in Vermont; all served in the GS-11 grade. Watson pointed out to the plaintiff that his recent assignment afforded an opportunity for experience and possible promotion. It was welcomed by Britt and had been recommended by his former supervisor Joslin; Mr. Watson concurred. At this meeting Watson indicated to Britt that he would have the same opportunities as others in the Service, but he would receive no special consideration because of his race. Britt agreed this was correct.

On February 10, 1975, a performance evaluation and within-grade increase rating was done.¹ The summary included the following narrative:

Employee is making good progress in his first year as a soil survey leader. He carried out an effective initial soil survey review and put in considerable extra time preparing for it. Employee has taken two night courses during the past year at his own expense and time. Employee works well with co-workers and others and is well accepted. Employee is sincere and reliable. He is aware of his training needs and is striving to improve on his weaknesses.

Plaintiff's Exhibit 20, Defendants' Exhibit L (Form 434).

In keeping with the internal procedures of the Department and SCS, the evaluation was reviewed by Craig M. Ligett, a second supervising officer in the SCS. It was certified by the plaintiff as an accurate statement of his duties and responsibilities. This assessment of the plaintiff's performance in line of his assignment marks the high point of the several evaluations received in evidence during the trial. During this period of time when the plaintiff served as a soil survey party leader, he supervised another federal employee, two state soil scientists and others assigned to work under his direction in the CETA program.

Early in August a field review was conducted by a team headed by David L. Yost, the Assistant State Soil Scientist under Watson. Yost reported to State Conservationist Craig M. Right on the work done by the soil survey party under Britt's leadership. The report explains—"Since the party leader has been in Lamoille County a relatively short time the descriptive legend is not complete, but adequate time and data should be available for completion during F.Y. 1976." It is further indicated that "the soil survey party is doing a commendable job." Yost's report, however, was critical of certain aspects of the plaintiff's performance.

Field notes were reviewed during the progress field review for classification and correlation purposes. Most field notes were incomplete and were not useable. Field notes must contain the necessary data pertinent to each series to aid in classification and correlation. Field notes for many mapping units were too few in number.

(Progress Field Review, Lamoille County, Vt., August 11-14, 1975. Def.Ex.II.) The soil survey report included other deficiencies which Britt, as party leader, had the responsibility for, and agreed to correct by certain specified deadlines.

In January 1976 the position of soil survey party leader for Lamoille County was elevated from GS-9 to GS-11 level. The number of members composing the survey team was increased. The plaintiff promptly applied for the reclassified position.

A performance evaluation, on Form 434, was completed by the plaintiff's supervisor, Bruce Watson, on March 1, 1976.² It was also reviewed by Craig Ligett. The plaintiff certified on March 9 that his supervisor had discussed the appraisal and rating with him; the position description and employee's responsibilities were accurately stated.

This evaluation was followed by an appraisal summary, prepared on Form 505 dated March 4, 1976. Of the sixteen evaluation factors Britt was rated average or above on all rating points. One of his evaluators scored him below average in communication in writing. His potential at that time was marked at GS-11 by one of his supervisors, with the capability of party leader within two years. His potential at that time was marked by the other appraisers at GS-9 with GS-11 capability in two years.³

The plaintiff did not object to the rating. However, he complained to Watson that he felt the narrative summary shown in the margin was unfair and the appraisal was untimely since it was prior to the anniversary date of his last promotion.

At the time the soil survey party leadership for Lamoille County was advanced to Grade 11, the SCS solicited candidates from within and outside Vermont. Richard Babcock, an employee with SCS who was serving as soil survey party leader at GS-11 grade in Maine, was selected and transferred to fill the position in Lamoille County in April or early in May 1976.

Shortly thereafter John Pratt, who was employed with SCS in Franklin County as a Soil Scientist, GS-7, was assigned to Babcock's team along with the plaintiff and Dennis Flynn, at GS-7. This assignment was in keeping with the policy of SCS which required the team leader Babcock to be at a higher grade than the members serving under him.

The plaintiff did not challenge Babcock's selection. However, Britt regarded the fact that he was not appointed to the upgraded position as a demotion since his performance as party leader was satisfactory and the selection of Babcock was not the result of any fault or shortage on the plaintiff's part. The court finds that the selection of Babcock over the plaintiff did not constitute a demotion for Britt within the sense of administrative procedures of the Department of Agriculture applicable at that time to the Soil Conservation Service.⁴

The plaintiff's immediate supervisor did not regard the personnel change nor Britt's transfer from Morrisville to Hyde Park in Lamoille to be a reduction in rank. Watson regarded Britt's assignment at Grade 9 to be a real opportunity for him to obtain different supervision under an experienced leader which would aid in the correction of deficiencies that developed during the time of his service as a party leader.

The party leader had the responsibility for work assignments to the members of his survey team. In this function Babcock considered all work assignments to be comparable in terms of difficulty of performance. The plaintiff was provided a written statement of his principal duties and the quality performance requirement relative to the duties listed. These submissions were signed by the plaintiff and Babcock on November 1, 1976, May 6, 1977 and January 31, 1978.

Babcock testified that every member of his survey team participated in all functions. The plaintiff, however, developed a sensitivity about Babcock's work...