Johnson v. Goodyear Tire & Rubber Co.

• Decision Date: 31 March 1992
• Docket Number: No. CS-91-003-FVS.,CS-91-003-FVS.
• Citation: 790 F. Supp. 1516
• Court: U.S. District Court — District of Washington
• Parties: Connie F. JOHNSON, Plaintiff, v. GOODYEAR TIRE & RUBBER CO., Defendant.

790 F. Supp. 1516

Connie F. JOHNSON, Plaintiff, v. GOODYEAR TIRE & RUBBER CO., Defendant.

No. CS-91-003-FVS.

United States District Court, E.D. Washington.

March 31, 1992.

COPYRIGHT MATERIAL OMITTED

Ross P. White and Gregory W. Westbrooks of Layman, Loft, Arpin & White, Spokane, Wash., for plaintiff.

D. Roger Reed and Michael J. Casey of Reed & Giesa, Spokane, Wash., and by Robyn L. Crane, Cumberland, Md., pro hac vice, for defendant.

OPINION

VAN SICKLE, District Judge.

INTRODUCTION

Connie F. Johnson filed this action against Goodyear Tire & Rubber Co., her former employer. She alleges that Goodyear violated both the Washington Administrative Code (WAC) and its own policies by refusing to allow her to return to her former position after she completed a pregnancy leave; that Goodyear violated RCW 49.60.180(2) by eliminating her position and laying her off; and that her discharge was tortious because it violated established public policy.¹

This action was originally filed in Spokane County (Washington) Superior Court, but was removed to federal court by Goodyear. 28 U.S.C. § 1441. Jurisdiction is based upon diversity of citizenship. 28 U.S.C. 1332. Venue is not contested. 28 U.S.C. § 1391(a).

FINDINGS OF FACT

Based upon the stipulation of counsel² and the evidence presented at trial, the Court makes the following findings of fact:

1. Mrs. Johnson first began work for Goodyear on September 12, 1977 as a B-50 clerk.*

2. Mrs. Johnson worked part-time as a B-50 clerk for approximately two years before being transferred to the Goodyear Truck Center full-time as a B-50 clerk.*

3. Shortly after receiving her five-year pin from Goodyear, she was laid off because Goodyear closed the Truck Center.*

4. After being laid off for approximately one and one half years, she was called back to Goodyear as a telephone sales coordinator.* 5. She continued to work in telephone sales with Goodyear until being laid off once again on April 20, 1985.*

6. In August 1986, she received a phone call from Goodyear asking if she would be interested in an office manager position at the Commercial Tire Center.*

7. She accepted the position and started work in October 1986.*

8. She received sales management and office management training from Goodyear, consisting of a Retail Sales Management School in Los Angeles, California, and a three-day computer school in Oakland, California. She also received office management training in Akron, Ohio.*

9. On August 28, 1987, Mrs. Johnson met with her supervisor, Kelly Gunkel, to discuss her taking pregnancy leave.*

10. At that time, Mrs. Johnson was pregnant with her first child.*

11. Gunkel reviewed with her Goodyear's policy regarding pregnancy leave.*

12. This policy provides in part that:

It is the manager's responsibility to keep informed of the status of each employee on disability leave by maintaining regular contact, including personal visits when appropriate....

... If it is necessary to fill the employee's position during her absence, it will be filled by a temporary employee, whether or not the employee has indicated an intention to return to work.*

13. Mrs. Johnson returned to her position as office manager following the birth of her first child.*

14. Prior to taking her first pregnancy leave, Mrs. Johnson received a positive performance evaluation and a merit pay increase for her work in 1987.*

15. Mrs. Johnson received another positive performance evaluation and another merit pay increase in 1988.*

16. In January 1989, Dave Sturgis replaced Kelly Gunkel as the manager of the Commercial Tire Center ("Tire Center").*

17. At a point some time in late January or early February, Mrs. Johnson was asked to meet with Dave Sturgis and Jim Donaldson regarding her taking another pregnancy leave.* Jim Donaldson was Dave Sturgis' superior at that time.

18. In this meeting, Mrs. Johnson told Donaldson and Sturgis of the problem she was having with her pregnancy, and that her doctor advised her to stop working for the duration of her pregnancy.*

19. Mr. Sturgis suggested to Mrs. Johnson, during a meeting which occurred shortly before her leave of absence, that she consider staying home with her children instead of returning to work at Goodyear.

20. Neither Dave Sturgis nor Jim Donaldson promised Mrs. Johnson she would have the same job when she returned from her pregnancy leave.

21. Mrs. Johnson trained Dan Zyph for approximately two weeks before taking her leave. Mrs. Johnson started her leave on February 15, 1989.*

22. Dan Zyph had transferred to Spokane Commercial Tire Center on August 1, 1989.*

23. Zyph lost that position after several months; however, he continued to work at the Tire Center without specific job duties.*

24. Connie Johnson came into the store to pick up her pay checks while she was on maternity leave.*

25. By the time Mrs. Johnson completed her pregnancy leave, Dave Sturgis had decided to retain Dan Zyph as the office manager of the Tire Center. That decision was based upon the functions which Mr. Zyph could perform. Besides being a competent office manager, he had demonstrated the ability to handle strenuous physical tasks and sell merchandise.

26. When Mrs. Johnson called Dave Sturgis to notify him she was ready to return to work, he told her he was not sure Goodyear had a job for her in the Tire Center at that time. He advised her to call Jim Donaldson.

27. When Mrs. Johnson was unable to reach Mr. Donaldson, she contacted Howard Christman, who was then the manager of all Goodyear Tire Centers in Goodyear's western region. After reassuring Mrs. Johnson that a position would be found for her, Mr. Christman called Jim Donaldson. Mr. Christman did not promise Mrs. Johnson a specific job.

28. Shortly thereafter, Jim Donaldson, Dave Sturgis, Ron Anderson (who was the regional manager of Goodyear's Human Resources Division), and Dick Baxter (who was a regional Tire Sales Manager) conferred by telephone in order to find a position for Mrs. Johnson.

29. Goodyear operates a retread plant in the same complex which houses its Commercial Tire Center in Spokane. Prior to July of 1989, the retread plant had not had an office manager of its own. The manager of the plant, Wayne Dawson, completed the paperwork generated within the retread plant, although he received some assistance from the office manager for the Tire Center.

30. After conferring with Messrs. Anderson and Baxter, Jim Donaldson and Dave Sturgis decided Mrs. Johnson would be employed as the office manager of the retread plant.

31. Wayne Dawson was not consulted by Goodyear officials prior to the decision to employ Mrs. Johnson as the office manager of the retread plant.

32. Goodyear's Jim Donaldson phoned Connie Johnson and told her to get in touch with Dave Sturgis who would have something for her.*

33. Mrs. Johnson returned to work on July 10, 1989.*

34. She was advised by Sturgis on that day that she would now be working as the office manager at the retread plant.*

35. Mrs. Johnson's first paycheck showed her pay at an hourly rate lower than her previous salary. This matter was corrected when she received her second paycheck.*

36. The financial records of the Goodyear Truck and Tire Center show that Mrs. Johnson was being paid by the Tire Center, as opposed to the retread plant.*

37. Mrs. Johnson's supervisor was Wayne Dawson. He reported to Dave Sturgis.

38. The retread plant has been unprofitable since its inception, including Mrs. Johnson's tenure as the office manager.*

39. To make the Tire Center profitable, Dave Sturgis needed to increase the production and sale of retread tires. He believed that employing an office manager in the retread plant would relieve Wayne Dawson of the need to perform clerical tasks. Freed of that obligation, Wayne Dawson would have more time to spend producing retreads.

40. Prior to July 10, 1989, Wayne Dawson did not spend more than twenty percent of his time performing clerical tasks. Hiring an office manager for the retread plant did not result in significantly greater tire production.

41. The retread plant did not generate enough clerical work to keep Mrs. Johnson busy all day. To fill in, she assisted Dan Zyph with projects in the Tire Center, although he was not her supervisor.

42. At all times material to this action, the Tire Center (including the retread plant) required only one office manager to function effectively.

43. As the office manager of the retread plant, Mrs. Johnson was much more likely to be laid off as a result of a reduction in force than she had been as the office manager of the Tire Center.

44. The Tire Center is open for business five and one-half days per week. Employees in management (which includes office managers) take turns working Saturdays.

45. At the time Mrs. Johnson returned to work, a person by the name of Lane Bibb was employed as an assistant manager in the Tire Center. Although he was not her supervisor, he ordered Mrs. Johnson to work every Saturday. She appealed to Dave Sturgis, who referred her back to Mr. Bibb.

46. Approximately one month after her return, Lane Bibb began to have Mrs. Johnson perform tasks which required her to move and lift tires. Because of a preexisting back condition, Mrs. Johnson found it difficult to do such work.

47. Lane Bibb was transferred on September 15, 1989, and his position was not filled. After Mr. Bibb left the Tire Center, Mrs. Johnson was no longer required to work every Saturday.

48. Wayne Dawson knew Mrs. Johnson had a back condition, and instructed her not to lift heavy objects.

49. Both office manager positions required comparable proficiency in clerical skills such as bookkeeping, data processing, and filing.

50. Goodyear allowed Dave Sturgis to modify job descriptions in order to accomplish business objectives.

51. Neither office manager ever had supervisory authority over other employees.

52. During 1989, the Tire Center lost in excess of three...