Gabriele v. Boeing Co., Vertol Division

• Decision Date: 12 January 1971
• Citation: 272 A.2d 527,1 Pa.Cmwlth. 96
• Court: Pennsylvania Commonwealth Court
• Parties: John P. GABRIELE, Appellant, v. BOEING COMPANY, VERTOL DIVISION.

Page 527

272 A.2d 527

1 Pa.Cmwlth. 96

John P. GABRIELE, Appellant, v. BOEING COMPANY, VERTOL DIVISION.

Commonwealth Court of Pennsylvania.

Jan. 12, 1971.

A. Bernard Hirsch, Philadelphia, for appellant.

Robert M. Landis, Philadelphia, for appellee.

Before BOWMAN, P.J., and CRUMLISH, KRAMER, WILKINSON, MANDERINO and MENCER, JJ.

BOWMAN, President Judge.

This is an appeal from a final order of the Pennsylvania Human Relations Commission dismissing a complaint by John P. Gabriele, the appellant here, that he had been discharged from employment because of his Italian ancestry.

Section 5(a) of the Pennsylvania Human Relations Act of October 27, 1955, P.L. 744, as amended, 43 P.S. 955, declares it to be an unlawful discriminatory act to discharge from employment an employee because of his ancestry '* * * if the individual is the best able and most competent to perform the services required'.

The history of appellant's employment with Boeing Company, Vertol Division, (Boeing) and the events leading up to his discharge are not seriously disputed. As found by the Commission in its Findings of Fact supported by uncontradicted evidence, it appears that appellant was first employed by Boeing in November, 1960 as a sheet metal worker.

Two years later, Gabriele was promoted to the position of supervisor in the weld shop at Boeing, and approximately one year later was promoted to be supervisor in the Blue Streak Area, Experimental Department. He was then transferred to the paint shop where he worked in the trim and drill area in fabricating sheet-metal parts for at least six months, was re-transferred to the experimental department and then back to the trim and drill area. This was his assignment until June, 1966 when he resigned at Boeing to work for Radio Corporation of America. He worked as a supervisor at their Mountain Top, Pennsylvania plant for about a year and a half, when he was laid-off as 'surplus.' He was rehired by Boeing as a supervisor in the Machine Shop at Morton, Pennsylvania, where he worked until October of 1967 when he was assigned to field duty in California. He returned on December 4, 1967 to work under the foremanship of James Melton and was assigned in January, 1968 to the production line for the repair of combat-damaged helicopters. Gabriele was then assigned to field duty in North Carolina, returning in the Spring of 1968 to the Morton, Pennsylvania plant where he was assigned to work as a supervisor, again under James Melton, foreman.

On February 6, 1969, Gabriele was earning a salary of $10,000.00 per year and supervised approximately 17 employees in the on-site modification at Boeing.

On that date, Gabriele was given a written report, ('Employee Performance Summary'), in which his performance was rated 'unsatisfactory' by James Melton, his supervisor. He was allowed thirty days in which to make improvements.

On March 5, 1969, at the expiration of such 30-day period, Gabriele's performance not having improved in Supervisor Melton's opinion, he gave written notice to Gabriele that his employment was to be terminated effective March 7, 1969. Gabriele was given the opportunity to resign from his position as supervisor or he would be relieved of his position at Boeing.

On that date, Gabriele requested and was granted a hearing before Boeing's Internal Review Board (consisting of supervisory employees), at which hearing Gabriele was given an opportunity to defend himself against such performance evaluation. Gabriele explained that the failure by himself and his crew to maintain the work schedule was attributable to the lack of adequate manpower and the inability to maintain adequate records of replacement parts due to pilfering by other work crews.

In his discussions with Melton, Wenzel (Melton's superior), and at the Review Board hearing, Gabriele never accused or indicated that the action was attributable to his being of Italian ancestry.

The following day Gabriele's employment was terminated, the Review Board having concurred in Supervisor Melton's decision.

On March 10, 1969, Gabriele was given an 'exit interview' during which he was afforded an opportunity to state any reasons for his dissatisfaction. Gabriele did not mention that there was any discrimination by Boeing or Melton or anyone against him because of his Italian ancestry.

On this same day, Gabriele filed a complaint with the Commission which resulted in a hearing before the Commission covering five days and producing seven hundred pages of testimony elicited from twenty-five witnesses. From this record the Commission made nineteen findings...