Crabbs v. Copperweld Tubing Products Co.

• Decision Date: 19 May 1997
• Docket Number: AFL-CI,CL,Nos. 96-3332,D,96-3342,s. 96-3332
• Citation: 114 F.3d 85
• Parties: 155 L.R.R.M. (BNA) 2298, 70 Empl. Prac. Dec. P 44,750 James R. CRABBS, Plaintiff-Appellant/ Cross-Appellee, v. COPPERWELD TUBING PRODUCTS COMPANY; Ohio Steel Tube Company, Defendants-Appellees/ Cross-Appellants, United Steel Workers of America,efendant.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 85

114 F.3d 85

155 L.R.R.M. (BNA) 2298, 70 Empl. Prac. Dec. P 44,750

James R. CRABBS, Plaintiff-Appellant/ Cross-Appellee, v. COPPERWELD TUBING PRODUCTS COMPANY; Ohio Steel Tube Company, Defendants-Appellees/ Cross-Appellants United Steel Workers of America, AFL-CIO, CLC, Defendant.

Nos. 96-3332, 96-3342.

United States Court of Appeals Sixth Circuit.

Argued April 29, 1997.

Decided May 19, 1997.

Arnold E. Shaheen, Jr. (argued and briefed), Pataskala, OH, for Plaintiff-Appellant/Cross-Appellee.

Kurt A. Miller (argued and briefed), Thorp, Reed & Armstrong, Pittsburgh, PA Thomas F. Cooke, II, Baker & Hostetler, Cleveland, OH, for Defendants-Appellees/Cross-Appellants in No. 96-3332.

Kurt A. Miller (argued and briefed), Thorp, Reed & Armstrong, Pittsburgh, PA, for Defendants-Appellees/Cross-Appellants in No. 96-3342.

Rudolph L. Milasich, Daniel M. Kovalik, United Steelworkers of America, Pittsburgh, PA, for United Steelworkers of America, AFL-CIO, CLC in No. 96-3342.

Before: GUY, MOORE, and COLE, Circuit Judges.

OPINION

RALPH B. GUY, Jr., Circuit Judge.

Plaintiff, James R. Crabbs, appeals the district court's grant of summary judgment in favor of defendants on plaintiff's federal and state law age discrimination claims. See 29 U.S.C. § 621 et seq.; OHIO REV.CODE ANN. § 4112.01 et seq. (Anderson 1995). Defendants cross-appeal the court's dismissal of plaintiff's breach of employment contract claim without prejudice on the grounds that the claim is preempted under federal labor and employee benefit law. See 29 U.S.C. § 185; 29 U.S.C. § 1144(a). Having reviewed the record and the arguments presented on appeal, we conclude that the parties' challenges are without merit, and we affirm.

I.

Plaintiff began work with defendant, Copperweld Tubing Products Company, ¹ in 1961 at age 19. Copperweld manufactures mechanical steel tubing. Plaintiff was employed at the company's manufacturing facility in Shelby, Ohio.

Crabbs had a lengthy and successful career at Copperweld. From 1961 until 1970, Crabbs worked in various hourly positions. In 1970 he was promoted to his first management position. In the late 1970s Copperweld developed a second manufacturing plant (the original plant was known as Plant # 1 and the new plant was referred to as Plant # 2) and promoted Crabbs to general foreman of Plant # 2 to bring it into operation. In 1979 Crabbs was promoted to superintendent of straightening, cutting, inspection, shipping and testing in Plant # 1. In 1983, Crabbs was the only production line manager chosen by the company to participate in management's negotiation team during collective bargaining negotiations. The company was seeking concessions from the workforce including wage reductions, and Crabbs' rapport with the production line workers was viewed as advantageous to the negotiations, which were successful. In 1985 Crabbs received a plaque from his workers in recognition of his supervisory skills. Also in that year Crabbs received an award from the company for having the most efficient department in Plant # 1.

Around this same time, however, due to adverse economic conditions the company initiated a reduction-in-force. Crabbs was demoted from his superintendent position in Plant # 1 to the position of supervisor of the finishing and shipping department in Plant # 2. His salary was unchanged. Crabbs remained in that position until his termination on October 20, 1992.

Despite Crabbs' successes, his attitude was doggedly criticized by management both informally and in his performance appraisals. Managers invariably described him as moody, arrogant, sarcastic, prone to temper outbursts, uncooperative, uncommunicative, unwilling to accept responsibility for problems in his work area, and negative. His evaluations by four different supervisors over two decades contained such comments as

"temperamental," "difficult to understand," "does not deal tactfully, criticizes and causes hard feelings," "flies off handle without learning all the facts," "does not adapt to changes smoothly and does not modify behavior," tendency to influence others through "negative emotional reaction," "tendency to attack or provoke others unnecessarily," he has a tendency to "feign dire consequences ... often just for effect," he appears to "deliberately alienate others for reasons unapparent," and he must concentrate on improving interpersonal effectiveness.

In November 1984, Crabbs' supervisor gave Crabbs his performance evaluation. The supervisor warned Crabbs that he "should think twice" before he had further problems at the company. Crabbs threatened to sue the company over the evaluation. Thereafter, Crabbs did not receive any further written evaluations.

In May 1985, Crabbs was counseled by his supervisor and by the director of human resources regarding Crabbs' disruptive behavior at a meeting conducted by the human resources department. He was informed that he would be terminated if he engaged in similar conduct in the future.

In March 1986, Crabbs openly criticized management at a gathering of supervisory and hourly employees. His supervisor again counseled Crabbs regarding his negative attitude.

From 1989 through 1991, Copperweld made available an industrial counselor to assist Crabbs with his problems. Despite several meetings, Crabbs' behavior persisted.

In March 1991, Crabbs was suspended for seven working days due to his attitude problems. The punishment arose out of an incident in which Crabbs stormed out of a meeting in his work area and, in the presence of union employees, slammed the door as he left. He was informed that further behavioral problems would lead to termination. Upon his return from suspension various management officials met with him to discuss areas of needed improvement.

For a short time, improvement was observed. Despite an April 1991 reduction-in-force, Crabbs was retained. In January 1992, Crabbs was given a merit raise and words of encouragement on his improvement. In May 1992 Crabbs was chosen as one of two supervisors to represent Copperweld at an annual labor/management seminar in Washington, D.C.

Negative feedback regarding Crabbs nevertheless began to filter back to management starting in November 1991. On October 13, 1992, Copperweld's vice president of operations, David Coppock, visited Plant # 2 to investigate reports of problems at Crabbs' work area. Coppock discovered equipment was scratching tubing and required maintenance. Crabbs indicated he would contact maintenance. He returned shortly after telephoning maintenance and smugly told Coppock that the problem was being addressed promptly. Coppock contacted Crabbs' supervisor regarding Crabbs' impertinence, and it was determined that Crabbs would be terminated. Crabbs was replaced in his position by Ken Conley, age 50.

At Crabbs' termination, Crabbs' immediate supervisor, John Helinski, informed plaintiff that he was being terminated for "poor performance." Crabbs was offered a severance package but was required to sign a waiver of rights, including the right to file suit for age discrimination, as a condition of acceptance. Crabbs considered the package but ultimately rejected it and filed suit instead.

Plaintiff raised numerous federal and state claims arising out of his termination. These included claims for (1) breach of the collective bargaining agreement between Copperweld and the United Steel Workers of America; (2) a request for arbitration; (3) promissory estoppel under federal common law; (4) breach of employment contract under Ohio law; (5) age discrimination under Ohio law; (6) tortious interference with employment contract under Ohio law against defendant Frank E. Burks, director of human resources; (7) violation of the Employees Retirement Income Security Act (ERISA); and (8) promissory estoppel under Ohio law.

Plaintiff amended his complaint to add a claim of age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. By stipulation, Burks was later dismissed as a defendant.

Defendant Copperweld moved for summary judgment, and plaintiff opposed the motion. The district court granted Copperweld's motion as to all claims except the breach of employment contract and state law promissory estoppel claims. The court declined to exercise supplemental jurisdiction over these claims, see 28 U.S.C. § 1367(c)(3), and dismissed them without prejudice.

On appeal, Crabbs challenges the court's grant of summary judgment in favor of Copperweld on his age discrimination claims. Copperweld cross-appeals the court's dismissal without prejudice of plaintiff's breach of employment contract claim.

II.

On appeal, Crabbs argues that summary judgment was improperly granted in favor of defendant on the age discrimination claims in that a genuine issue of material fact remains as to whether age was a determining factor in plaintiff's termination.

This court reviews a district court's grant of summary judgment de novo. Summary judgment is appropriate when "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 a judgment as a matter of law." FED.R.CIV.P. 56(c). There is no issue for trial "unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the evidence is merely colorable, or is not sufficiently probative, summary judgment may be granted." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986) (citations omitted). In evaluating the evidence we must draw all reasonable inferences in favor of the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 588, 106 S.Ct. 1348, 1356-57, 89 L.Ed.2d 538 (1986).

Plaintiff argues that direct and circumstantial evidence proves that age was a determining factor in his...