Galloway v. Islands Mech. Contractor, Inc.
| Decision Date | 11 September 2012 |
| Docket Number | Civil Action No. 2008-071 |
| Parties | IRA GALLOWAY, Plaintiff, v. ISLANDS MECHANICAL CONTRACTOR, INC., Defendant. |
| Court | U.S. District Court — Virgin Islands |
Attorneys:
St. Croix, U.S.V.I.
For the Plaintiff
St. Croix, U.S.V.I.
THIS MATTER comes before the Court on the Motion for Summary Judgment filed by Defendant, Islands Mechanical Contractor, Inc. ("Defendant" or "IMC"), on January 31, 2012. (Dkt. No. 104). In this employment discrimination action, Plaintiff Ira Galloway ("Plaintiff" or "Galloway") has asserted federal and local causes of action against IMC alleging, inter alia, that IMC's failure to promote him and assign him overtime, and his subsequent termination, were motivated by racial discrimination and/or retaliation. IMC argues that Plaintiff has established no basis to hold it liable under any of the theories asserted by Galloway in his First AmendedComplaint. For the reasons that follow, the Court will grant in part and deny in part IMC's Motion for Summary Judgment.
In 2007, IMC was awarded a contract to build a heat recovery steam generator ("HRSG") for the Water and Power Authority of the Virgin Islands ("WAPA") on St. Croix, U.S. Virgin Islands. (Plt.'s Counter Statement of Facts ("PCSOF") at ¶ 11 , Dkt. No. 114-7; Def.'s Response to PCSOF ("DRPCSOF") at ¶ 1, Dkt. No. 133).
In mid-November 2007, Galloway went to the HRSG job site seeking employment and met Derek Spann, an IMC crane operator. (Galloway Dep. at 5, Dkt. No. 114-1).2 Galloway told Spann that he was looking for a crane operator job, but that he could also perform heavy equipment mechanic work. Id. Spann stated that he needed a mechanic right away and asked if Galloway could work as a mechanic for the duration of the project. Galloway informed Spann that he was laid off from another contractor and "could work temporarily with him," since he expected to be recalled by that contractor. Id. at 5-6. After a few days on the job, Spann told Galloway that when IMC became better "organized," Galloway would be given a "foreman [of heavy equipment] position with some helpers," and he would receive a raise. Id. at 6-7. Galloway considered Spann as his "boss." Id. at 7. Galloway was paid $20.00 per hour at theoutset, and was the only mechanic on the job. (Galloway Dep. at 6, Dkt. No. 114-1). In January 2008, Galloway received a raise to $25.00 per hour and his title changed to "Master Mechanic." (Turnage Dep. at 5, 18, Dkt. No. 114-8; IMC Memo re: raises, Dkt. No. 133-).
In October 2007, Jerry Rollins, a salaried, longtime IMC employee, arrived in St. Croix to work as the Equipment Superintendent on the HRSG Project. His job was to ensure that all of the equipment was running properly. He became ill, stayed less than a month, and returned to the mainland. He returned to St. Croix to work on the HRSG Project from January 25, 2008 through April 5, 2008 in the same capacity as when he left. (Rollins Dep. at 7, 9, Dkt. No. 115-4; Turnage Dep. at 23, Dkt. No. 114-7).
The HRSG Project was completed in stages. The initial phase involved the excavation and pouring of the foundation and lasted from August 2007 through January 2008. (Turnage Dep. at 15, Dkt. No. 114-7). IMC rented three Manitowoc cranes (a 2250, a 4100, and a 4000 model) from Essex Crane Rental Co., based in Florida. In fall 2007, barges transported the cranes to St. Croix. (Talbot Dep. at 3, Dkt. No. 114-3; Turnage Dep. at 17, Dkt. No. 114-7). The 2250 model was the "main workhorse" used to set up the boiler. (Talbot Dep. at 3, Dkt. No. 114-3). IMC contracted with Essex to provide mechanics to fix the highly-complex Manitowoc cranes. IMC owned two smaller linkbelt cranes, as well as loaders, backhoes, track hoes and other heavy construction equipment, which it also transported to the site. (Talbot Dep. at 3, Dkt. No. 114-3; Turnage Dep. at 19, Dkt. No. 114-7; Turnage Dep. at 14, Dkt. No. 114-8).
Eugene Barnes, the Project Superintendent, Randy Talbot, the Project Manager, and Robert Turnage, an IMC owner and Chief Financial Officer, testified that part of Galloway's job was to assist the Essex mechanics when they came to St. Croix to work on the Manitowoc cranes. (Talbot Dep. at 3, Dkt. No. 114-3; Barnes Dep. at 11, Dkt. No. 114-9; Turnage Dep. at13, Dkt. No. 114-8). Galloway confirmed that he worked "primarily" on the two largest cranes on the worksite—the Manitowoc 2250 and 4100 models—which needed more work than the linkbelt cranes. (Galloway Dep. at 13, Dkt. No. 114-1). His job duties also included light mechanic work, oiling, and driving the transporter. (Turnage Dep. at 13, Dkt. No. 114-8).
Livingstone Williams, a black West Indian, and Josh Ray, a white man in his early 20's who had just graduated from heavy equipment school, assisted Galloway at IMC. (Def.'s Statement of Facts ("DSOF") at ¶¶ 9-11, Dkt. No. 105; Plt.'s Response to DSOF ("PRDSOF") at ¶¶ 9-11, Dkt. No. 114; Galloway Dep. at 11, Dkt. No. 114-1; Talbot Dep. at 18, Dkt. No. 114-2; Turnage Dep. at 14, Dkt. No. 114-8). Williams and Ray were oilers—responsible for oiling the machinery—and mechanic/helpers who did some light mechanic work. (Turnage Dep. at 14, Dkt. No. 114-8). Ray was hired in April 2008, came down to St. Croix with a work crew from the mainland, and worked until June 7, 2008. (Jones Dep. at 9, Dkt. No. 115-1; Ray Empl. Agreement, Dkt. No. 133-2). Ray received $75 per day as a per diem for housing and other costs. (Jones Dep. at 20, Dkt. No. 115-1). Williams was paid $20.00 per hour and Ray was paid $18.00 per hour. (DSOF ¶¶ 9, 11; PRDSOF ¶¶ 9, 11).
In February 2008, Galloway began complaining to Dooley Jones—Derek Spann's replacement—that he had not been made foreman. (Galloway Dep. at 7-8, Dkt. No. 114-1; Jones Dep. at 18, 20). Jones consulted with Talbot, the Project Manager, who told Jones that IMC did not need an equipment foreman on the HRSG Project. Jones conveyed Talbot's response to Galloway, who was unhappy about it. (Jones Dep. at 18, Dkt. No. 115-1).
Galloway testified that, during three weekends in May 2008, he should have been asked to work overtime, but workers "from the States" performed that overtime. (Galloway Dep. at 10-12, Dkt. No. 114-1). Specifically, on Friday, May 2, 2008, parts had arrived to repair a leak inone of the smaller linkbelt cranes. Instead of asking Galloway to repair it on Saturday, May 3rd, and earn overtime, Dooley Jones told him to stay home, that there was no work, and then asked Ray to do the work. Williams told Galloway that he and Ray worked on the crane that day. Id. at 14. On Friday, May 9, Galloway was again told there was no overtime work and not to come to work on May 10th. He later learned from Williams that Williams and Ray worked that Saturday, although he did not know the nature of the work they performed. On Friday, May 23rd, Galloway was once again told to stay home as there was no overtime work. Williams told Galloway that he was asked to come in on May 24th to help Ray repair one of the linkbelt cranes. Id. at 14-16.
At the end of May 2008, IMC began to integrate the electrical, piping, and instrumentation systems on the Project. Two of the Manitowoc cranes (the 2250 and 4000 models) were no longer needed on site. They were disassembled and put on a barge that arrived in Florida on June 5, 2008. (DSOF at ¶ 6; PRDSOF at ¶ 6; Talbot Dep. at 6-7, 19, Dkt. No. 114-3; Turnage Dep. at 26, Dkt. No. 114-7; Turnage Dep. at 14, Dkt. No. 114-8). At this point, Jones spoke with Talbot, who said that the "cranes [were] coming off the ramp [and] he didn't see where [IMC] needed a master mechanic and we [Talbot and Jones] agreed to go ahead and lay [Galloway] off." (Jones Dep. at 26, Dkt. No. 115-1). Talbot told Jones that the two helpers (Ray and Williams) could "finish what little bit of stuff" there was left to do. Id. at 19, 26. The Manitowoc 4100 remained on site for approximately four months, and was used sporadically. (Turnage Dep. at 14, Dkt. No. 114-8). The transporter was not in use after May 27, 2008 but remained on site until it was shipped out on a barge. Id. at 13.
On May 27, 2008, IMC laid off Galloway. According to Turnage, Galloway's termination was a construction layoff: (Turnage Dep. at 13, Dkt. No. 114-8). After Plaintiff was laid off, a mechanic from Essex and "either Livingston or Josh [Ray]" did mechanical repairs. (Jones Dep. at 20, Dkt. No. 115-1). However, "shortly after" IMC laid Plaintiff off, IMC "started breaking the cranes down and getting ready to go on the barge." Id. IMC laid off other positions reportedly to save money. (Talbot Dep. at 6, Dkt. No. 114-3). In total, IMC laid off seventeen employees between May 26, 2008 and June 19, 2008. (Def.'s "Fed. R. Evid. 1006 Summary of Employees Terminated by IMC between May 20 and June 19, 2008," Dkt. No. 176-1). Four of those seventeen employees self-identified as black, six self-identified as white, two self-identified as Hispanic, and five did not identify their racial or ethnic group. Id.
In approximately the "middle of June" 2008, Plaintiff spoke with Buddy Martin—the Project Superintendent who assumed Gene Barnes' duties when he left—to ask for his job back. According to Galloway, Martin told him that IMC needed his services because he was "a good worker, and [he] got the job done, and they had a lot of problems with the equipment." (Galloway Dep. at 12, 16, Dkt. No. 114-1). Galloway further stated that, because he had complained about...
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