Devore v. Rolls-Royce Energy Systems, Inc.

• Decision Date: 15 June 2005
• Docket Number: No. 2:03-CV-215.,2:03-CV-215.
• Citation: 373 F.Supp.2d 750
• Parties: Darrell DEVORE Plaintiff, v. ROLLS-ROYCE ENERGY SYSTEMS, INC. et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

373 F.Supp.2d 750

Darrell DEVORE Plaintiff, v. ROLLS-ROYCE ENERGY SYSTEMS, INC. et al., Defendants.

No. 2:03-CV-215.

United States District Court, S.D. Ohio, Eastern Division.

June 15, 2005.

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Howard V Mishler, The Atrium, Westlake, OH, for Darrell Devore, Plaintiffs.

Richard L Moore, Thomas Michael Tarpy, Stacia Marie Jones, Vorys Sater Seymour & Pease, Cincinnati, OH, Frederick Gerald Cloppert, Jr., Rory P. Callahan, Cloppert Latanick Sauter & Washburn LLP, Columbus, OH, for Rolls-Royce Energy Systems Inc., International Association of Machinist and Aerospace Workers AFL-CIO, International Association of Machinist District 28, Inc., International Association of Machinist and Aerospace Workers Lodge 90, Defendants.

OPINION AND ORDER

MARBLEY, District Judge.

I. INTRODUCTION

This matter came before the Court on two motions for summary judgment. First, Defendant Rolls-Royce Energy, Systems, Inc. ("Rolls-Royce" or the "Company") moves this Court for summary judgment in its favor on all claims that Plaintiff has asserted against the Company. Second, Defendants International Association of Machinists and Aerospace Workers, AFL-CIO ("IAM International"), Machinists District Lodge 28 ("DL 28"), and Machinists Local Lodge 90 ("LL 90" and collectively, together with IAM International and DL 28, the "Union Defendants" or the "Union") move this Court for summary judgment in their favor based on the fact that the Union Defendants' actions did not constitute breach of their duty to represent Plaintiff fairly. For the reasons set forth below, Defendant Rolls-Royce's Motion is GRANTED, and the Union Defendants' Motion is GRANTED.

II. BACKGROUND

A. Facts

1. The Undisputed Facts

Plaintiff Darrell Devore ("Devore") was hired by Defendant Rolls-Royce on October 4, 1999. Mr. Devore is a member of IAM International and LL 90. Rolls-Royce is a designer and manufacturer of power turbines and compressors for the oil and gas industry. IAM International is an international labor organization that represents employees in various industries, such as energy control systems, throughout the United States and Canada. IAM International charters local lodges ("Local Lodges") throughout North America. Individuals hold their membership in a Local Lodge, they elect their own Local Lodge officers, and they are governed by their own bylaws. LL 90 is a Local Lodge.

IAM International also charters intermediate bodies known as district lodges ("District Lodges"), which are comprised of various Local Lodges that band together for purposes of collective bargaining in their geographic vicinity or industry. DL 28 is a District Lodge. At all relevant times, LL 90 was affiliated with DL 28.

Rolls-Royce and LL 90 negotiated a collective bargaining agreement ("CBA") effective March 29, 1999 to April 7, 2002. As a member of LL 90, Plaintiff is subject to the CBA between Rolls-Royce and LL 90. The CBA governs the adjustment of grievances through a grievance/arbitration process. The grievance procedure generally involves four steps, culminating in final and binding arbitration before an impartial arbitrator.¹

2. Mr. Devore's Version of the Facts

Rolls-Royce employed Mr. Devore in one department for several years. In June 2001, Defendant Rolls-Royce transferred Plaintiff from Plant 2 to Plant 4. Rolls-Royce transferred Mr. Devore to the assembly floor, where he worked for approximately four months when a rumor began to circulate that someone was masturbating in Washroom No. 4.

Mr. Devore has a noticeable "tic" which causes him to display involuntary muscular movements which further cause his face to distort and his teeth to click repeatedly. Mr. Devore's "twitching" is due to a cervical spine pathology. He alleges that some Rolls-Royce employees have interpreted his "twitching" as evidence that he masturbates.

On November 14, 2001, Cheryl Schunke ("Schunke"), a Rolls-Royce employee who was assigned as a janitor to Plant 4 where her duties included cleaning the men's restroom, found a substance in the men's restroom that she believed to be human semen. She reported her findings to her LL 90 Union representative, Jeff Melton ("Melton"), who reported this information to Patrick McLarnan ("McLarnan"), Rolls-Royce's Director of Labor Relations. Mr. McLarnan authorized a sign to be placed in the men's restroom in response to complaints regarding alleged masturbation practices. Ms. Schunke also contacted Deana Latham ("Latham"), Rolls-Royce's Manager of Human Resources. Ms. Schunke, or another individual contacted Rolls-Royce's parent corporation through the Equity Hot Line regarding alleged masturbation practices in the men's restroom of Plant 4. Nick Brookes ("Brookes"), Rolls-Royce's President of Oil and Gas and Ethics Director received word of the ethics complaint. Mr. Brookes asked Ms. Latham to investigate the ethics complaint.

On November 24, 2001, Ms. Latham attended a meeting with Paul Hays ("Hays"), the LL 90 Chief Steward, Jim Drake ("Drake"), the LL 90 President, and Mr. McLarnan. Mr. Devore was not present at this meeting. During the meeting, Mr. McLarnan asked the Union to approach Mr. Devore to inform him that he had been implicated in the alleged masturbation activities in the men's restroom. The Union declined to speak with Mr. Devore concerning the masturbation allegations.

On November 29, 2001, Mr. Hays and Mr. Drake accompanied Mr. Devore to Ms. Latham's office, where Mr. Devore learned for the first time that he was being investigated in connection with the alleged masturbation activities in the men's restroom. Neither Mr. Hays nor Mr. Drake had informed Mr. Devore that he was specifically designated as the perpetrator in the alleged masturbation activities. At this meeting, Mr. Devore was not charged with any inappropriate sexual behavior. Instead, the meeting attendees discussed the issue of masturbation in general terms. Subsequently, on December 4, 2001, Mr. Hays and Mr. Drake accompanied Mr. Devore to Ms. Latham's office where Mr. Devore was formally charged with engaging in masturbation in the Plant 4 men's restroom and he received a three and one-half day suspension from work. Mr. Devore also contends that because of Rolls-Royce employee accusations of sexual impropriety, he has been labeled as a "sexual deviant," which may negatively impact his career at the Company. Mr. Devore specifically identified John Knipp ("Knipp"), a Rolls-Royce employee, as someone who claimed to have heard him masturbating in the men's restroom.

Finally, Mr. Devore claims that he had requested that his attorney, Howard Mishler ("Mishler"), be allowed to attend the arbitration only to observe the proceeding, not to represent him. According to Mr. Devore, the Union denied his request. James C. Duff ("Arbitrator Duff") rendered a decision adverse to Mr. Devore. Mr. Devore asked DL 28 to appeal the arbitrator's decision, but Benjamin M. Rayburn, Directing Business Representative for DL 28 ("DBR Rayburn"), refused to appeal the arbitrator's decision.

3. IAM International, LL 90, and DL 28's Version of the Facts

In late November 2001, Mr. Devore, Mr. Hays, and Mr. Drake attended a meeting with Ms. Latham and Mr. McLarnan. Ms. Latham notified those present at the meeting that she was conducting an investigation in light of an ethics hot-line complaint regarding inappropriate behavior in the men's restroom of Plant 4. Some fellow coworkers had accused Mr. Devore of masturbating in the men's restroom, which he denied. On December 4, 2001, Mr. Devore attended another meeting along with Mr. Hays, Mr. Drake, Ms. Latham, and Mr. McLarnan. At this meeting, Rolls-Royce representatives informed Mr. Devore that their investigation identified him as the individual involved in the reported restroom misconduct and that he would be disciplined for engaging in inappropriate behavior (masturbation) in the men's restroom. Mr. Hays and Mr. Drake dissented on behalf of Mr. Devore. Specifically, Mr. Drake queried how the employees who reported misconduct knew that the behavior was in fact masturbation. Mr. Hays asked the Company who identified the alleged semen and whether management had retained the evidence. Nevertheless, Rolls-Royce suspended Mr. Devore for three days.

The Union immediately filed a grievance under the terms of the CBA on Mr. Devore's behalf. A second step meeting was held on January 7, 2002. At this meeting, the Union representatives again challenged the Company's evidence, particularly the lack of proof concerning the substance that Ms. Schunke allegedly found in the men's restroom. The Union representatives also pointed out that the Company had failed to connect the alleged substance to Mr. Devore. Rolls-Royce persisted in its position. On that same day, Rolls-Royce answered the second step, denying the grievance. The Union sought a third step meeting.

Between December 4, 2001, and March 1, 2002, Mr. Hays spoke with Mr. Devore numerous times regarding his case. Mr. Hays advised Mr. Devore that the grievance could be settled on the basis of three days of back pay and that his record could be cleared several months in the future. Mr. Devore, however, was dissatisfied with Mr. Hays' proposal.

Prior to the third step meeting, Mr. Hays turned over his materials to DBR Rayburn.² DBR Rayburn spoke directly with Mr. Devore many times about his case. At the third step meeting, DBR Rayburn maintained Plaintiff's innocence, and while he offered to work out a settlement, DBR Rayburn also indicated that the Union was prepared to proceed to arbitration. Later in March 2002, Defendant Rolls-Royce denied the grievance and the Local Lodge Grievance Committee voted unanimously to arbitrate Plaintiff's case.

DBR Rayburn and Defendant Rolls-Royce chose Arbitrator Duff to serve as arbitrator over Plaintiff's grievance. DBR Rayburn selected Arbitrator Duff based on his previous favorable experience with the...