Marquart v. Lodge 837, Intern. Ass'n of Machinists and Aerospace Workers

• Decision Date: 13 June 1994
• Docket Number: Nos. 93-3784,93-3787,s. 93-3784
• Citation: 26 F.3d 842
• Parties: 64 Fair Empl.Prac.Cas. (BNA) 1789, 65 Empl. Prac. Dec. P 43,187, 62 USLW 2790 Ruth A. MARQUART, Plaintiff-Appellee, v. LODGE 837, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Defendant-Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 842

26 F.3d 842

64 Fair Empl.Prac.Cas. (BNA) 1789,

65 Empl. Prac. Dec. P 43,187, 62 USLW 2790

Ruth A. MARQUART, Plaintiff-Appellee, v. LODGE 837, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Defendant-Appellant.

Nos. 93-3784, 93-3787.

United States Court of Appeals,

Eighth Circuit.

Argued April 14, 1994.

Decided June 13, 1994.

D. Eric Sowers, St. Louis, MO, argued, for appellant.

Jerome A. Diekemper, St. Louis, MO, argued, for appellee.

Before McMILLIAN, Circuit Judge, OAKES, ^* Senior Circuit Judge, and FAGG, Circuit Judge.

OAKES, Senior Circuit Judge.

Ruth Marquart appeals from an October 1, 1993, judgment of the United States District Court for the Eastern District of Missouri, Jean C. Hamilton, Judge, granting in part the motion of District Lodge # 837 of the International Association of Machinists & Aerospace Workers (the "Union") for an award of attorneys' fees to be paid by Marquart pursuant to section 706(k) of the Civil Rights Act of 1964. 42 U.S.C. Sec. 2000e-5(k) (1988 & Supp. IV 1992).

Marquart brought the underlying action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sec. 2000e, et seq. (1988 & Supp. IV 1992). Marquart alleged that the Union, her exclusive bargaining representative during her employment with McDonnell Douglas Corporation, retaliated against her because she asserted her Title VII rights, or, in the alternative, that the Union acquiesced in or conspired with her employer to retaliate against her on the basis of her sexual harassment complaint by refusing to process her grievances. Four days before trial, Marquart voluntarily dismissed her complaint with prejudice. Motion to Dismiss, Marquart v. District Lodge # 837, No. 92-00055 (E.D.Mo. Jan. 21, 1993). The district court granted Marquart's voluntary motion for dismissal, but awarded attorneys' fees to the Union on two grounds. First, without analysis, it held that the Union was a prevailing party for purposes of section 706(k). Second, in applying the rigorous standard articulated by the Supreme Court in Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 422, 98 S.Ct. 694, 700, 54 L.Ed.2d 648 (1978), the court held that Marquart's claims were "without foundation." Memorandum and Order at 3, Marquart v. District Lodge # 837, No. 92-00055 (E.D.Mo. Oct. 1, 1993).

We have been asked to decide two questions on appeal. First, was the Union a prevailing party under section 706(k)? If so, did the district court correctly award attorneys' fees to the Union; in other words, were there sufficient grounds to determine that Marquart's claim was either frivolous, unreasonable, or groundless? We need not address the question on cross-appeal, whether the district court abused its discretion by reducing the rate of fees requested by the Union, because we find that, as a matter of law, the Union was not entitled to attorneys' fees.

I. Standard of Review

Before examining the events leading to the underlying dispute, it is significant to discuss the standard of review in this case.

The Union argues that the scope of our review is limited because an award of attorneys' fees is within the district court's discretion. Standley v. Chilhowee R-IV Sch. Dist., 5 F.3d 319, 324 (8th Cir.1993). Therefore, according to the Union, we should review the award of attorneys' fees under the abuse of discretion standard.

We agree that the scope of our review is limited where the district court has made a correct determination that an award of attorneys' fees was within its discretion. Nevertheless, we will overturn a fee award where the district court has made an "error in implementing the governing legal standards." Standley, 5 F.3d at 324 (citations and internal quotation marks omitted); Bobbitt v. Paramount Cap Mfg. Co., 942 F.2d 512, 514 (1991); Henry J. Friendly, Indiscretion About Discretion, 31 Emory L.J. 747, 783-84 (1982).

In this case, we are faced not with the question whether the district court abused its discretion in awarding the attorneys' fees, but rather, with the question whether, as a matter of law, the district court may award attorneys' fees to a defendant where the plaintiff voluntarily dismisses her or his Title VII complaint. We review this question of law de novo. If we find that, under such circumstances, a district court may award attorneys' fees, that is, if we find that the Union was a "prevailing party" for purposes of Title VII and that the underlying action was "frivolous, unreasonable, or groundless," then we will review this award of attorneys' fees under the abuse of discretion standard.

II. Background

A. Events Leading To The Underlying Dispute

From 1980 through 1991, the McDonnell Douglas Corporation employed Ruth Marquart as a "utility worker." At all times relevant, Marquart was a member in good standing of the Union. A collective agreement between the Union and McDonnell Douglas covered the terms and conditions of her employment.

In her complaint, Marquart alleged that, from 1985 through 1989, McDonnell Douglas, through various employees, created a hostile work environment. Marquart further alleged that those who harassed her were members of the Union, and that the Union refused to process her complaints against the alleged perpetrators because of their status as Union workers.

For example, the Union itself divulges that, on October 2, 1985, McDonnell Douglas, on the advice of its company doctor, ordered Marquart on a mandatory leave of absence "because of reports of abnormal behaviors in the workplace and on the basis of [the company doctor's] examination of [Marquart]." Proposed Findings of Fact and Conclusions of Law of Defendant at 2, Marquart v. District Lodge # 837, No. 92-00055 (E.D.Mo. Jan. 19, 1993) ("Union's Proposed Findings of Fact and Conclusions of Law"). Marquart returned to work on or about November 22, 1985, after she produced an outside doctor's certification that she was not psychotic. Marquart conceded that, on this occasion, the Union facilitated her return to work. Marquart's Brief on the Facts at 1, Marquart v. District Lodge # 837, No. 92-00055 (E.D.Mo. filed Jan. 20, 1993) ("Marquart's Brief on the Facts"); see also Union's Proposed Findings of Fact and Conclusions of Law, Marquart v. District Lodge # 837, at 2. Nevertheless, from 1985 through 1989, additional disputes erupted. From the company's point of view as evinced by the Union in these proceedings, these disputes concerned Marquart's mental health. Union's Proposed Findings of Fact and Conclusions of Law at 2-4.

According to Marquart, by 1989, and consistent with the most current theories on sexual harassment, her working environment was so hostile as to constitute sexual harassment, that is, events that created an increasingly hostile and abusive work environment. See Harris v. Forklift Sys., Inc., --- U.S. ----, ----, 114 S.Ct. 367, 370, 126 L.Ed.2d 295 (1993) (the language of Title VII "is not limited to 'economic' or 'tangible' discrimination. The phrase 'terms, conditions, or privileges of employment' evinces a congressional intent to strike at the entire spectrum of disparate treatment of men and women in employment, which includes requiring people to work in a discriminatorily hostile or abusive environment.") (quoting Meritor Savs. Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Los Angeles Dept. of Water and Power v. Manhart, 435 U.S. 702, 707, n. 13, 98 S.Ct. 1370, 1375, n. 13, 55 L.Ed.2d 657 (1978)) (some internal quotation marks omitted).

And, consistent with a general theory of union liability under Title VII, Marquart also alleged that the Union refused to process her sexual harassment claims because (1) the Union, as the institutionalized representatives of the workforce, was hostile to the needs of its female employees, and (2) the Union favored the male perpetrators over herself. See 42 U.S.C. Sec. 2000e-2(c)(3) (1988) (a union may not "cause or attempt to cause an employer to discriminate against an individual"); Goodman v. Lukens Steel Co., 482 U.S. 656, 669, 107 S.Ct. 2617, 2625, 96 L.Ed.2d 572 (1987) (" 'A union which intentionally avoids asserting discrimination claims, either so as not to antagonize the employer and thus improve its chances of success on other issues, or in deference to the perceived desires of its white membership, is liable under both Title [VII] and Sec. 1981, regardless of whether, as a subjective matter, its leaders were favorably disposed toward minorities' ") (quoting Goodman v. Lukens Steel Co., 580 F.Supp. 1114, 1160 (E.D.Pa.1984) (interpreting Title VII on the issue of racial harassment)); Hardison v. Trans World Airlines, Inc., 527 F.2d 33, 42 (8th Cir.1975) ("union may be held liable if it purposefully acts or refuses to act in a manner which prevents or obstructs a reasonable accommodation by the employer so as to cause the employer to discriminate"), rev'd on other grounds, 432 U.S. 63, 85, 97 S.Ct. 2264, 2277, 53 L.Ed.2d 113 (1977) (holding that neither the union nor the employer failed to provide reasonable accommodation for its jewish employees, and therefore never reaching the question whether the union caused the employer to discriminate).

Specifically, Marquart alleged that by 1989, she was "subjected to extensive sexual harassment of a 'hostile environment' nature at her workplace. She received no remedy from her employer, and she brought this information to [the Union] for assistance. The [Union] did nothing to correct [Marquart]'s complaint. Subsequently, the employer's physician, Dr. Heutel, ordered [Marquart] off the job on extended medical leave for psychiatric reasons once again. [Marquart] protested this action through [the Union], and [the Union] met with company representatives in order to secure [Marquart]'s return to work." Marquart's Brief on the Facts at 1. Marquart acknowledged that when the Union finally did meet with company representatives they allowed Marquart to select...