Marsman v. Western Elec. Co.
| Decision Date | 23 August 1988 |
| Docket Number | Civ. A. No. 85-2898-WF. |
| Citation | 719 F. Supp. 1128 |
| Court | U.S. District Court — District of Massachusetts |
| Parties | Agatha MARSMAN, Plaintiff, v. WESTERN ELECTRIC COMPANY, now known as AT & T Technologies, Inc. and Local 1359, Communications Workers of America, Defendants. |
COPYRIGHT MATERIAL OMITTED
Frederick T. Golder, Golder & Shubow, Boston, Mass., for Agatha Marsman.
Eleanor D. Acheson and David J. Kerman, Ropes & Gray, Boston, Mass., for Western Elec. Co.
Thomas F. Birmingham, Flamm & Birmingham, Boston, Mass., for Local 1395.
This action, brought on June 14, 1985, is a suit by Agatha Marsman against Western Electric Company, now known as AT & T Technologies ("AT & T" or "the Company"), and Local 1395, Communications Workers of America ("Local 1395" or "the Union"). The amended complaint alleges that plaintiff's discharge by AT & T and the conduct of the Union in relation to her discharge constituted racial discrimination in violation of 42 U.S.C. § 1981 (Count I), and the Massachusetts Civil Rights Act, M.G.L. c. 12, §§ 11H and 11I (Count II). In addition, the amended complaint asserts that AT & T intimidated, threatened and harassed plaintiff in retaliation for complaining about an allegedly unsafe work environment, giving rise to an additional claim under Massachusetts Civil Rights Act, M.G.L. c. 12 §§ 11H and 11I (Count VIII).1
Both AT & T and the Union have filed motions for summary judgment on the remaining counts against them. Plaintiff opposes these motions.
In addition, plaintiff filed a motion on January 28, 1987 to amend her complaint to add a claim against AT & T for handicap discrimination in violation of the implied covenant of good faith and fair dealing and the Massachusetts Civil Rights Act, M.G.L. c. 12, §§ 11H and 11I. AT & T opposes this amendment.
A hearing on the motions for summary judgment and the motion to amend was held on February 4, 1988. For the reasons stated below, the Company's motion for summary judgment on all claims against it, Counts I, II, and VIII, is allowed. In addition, the Union's motion for summary judgment on all claims against it, Counts I and II, is allowed. Finally, the plaintiff's motion to amend her complaint is denied.
Except where otherwise indicated, the following facts are undisputed. In September, 1979, Agatha Marsman, a black woman, became employed in the warehouse of AT & T in Southboro, Massachusetts. Because Marsman was an hourly-rated, non-supervisory employee, the terms and conditions of her employment were covered by the collective bargaining agreement between Local 1395 and AT & T.
Marsman claims that between 1979 and 1981 she was subjected to repeated abuses from her co-workers and supervisors, including unpleasant assignments, vandalism of her car, and derogatory comments with racial overtones. On certain occasions during plaintiff's employment, she complained to company management that she was treated unfairly and harassed by some of her coworkers. Marsman did not inform the Company at any time that she believed the complained-of treatment was racially motivated.
Marsman's complaint specifically alleges that her co-workers purposely placed a supposedly noxious powder at her work station. Beginning some time in July 1981, Marsman claims that she complained to her supervisors about the presence of hazardous substances in her workplace, specifically a gray powdered substance. Marsman did not, however, inform the Company of her belief that co-workers were responsible for the presence of the powder. Her supervisor, Thomas Higgins could not find the substance so he requested that Marsman see the company doctor, Sushil Gupta. Marsman saw Dr. Gupta in July and August of 1981. Dr. Gupta recommended that Marsman be transferred to the Company's Watertown facility and put on light duty. The Company arranged for the transfer. Throughout July and August, Marsman brought samples of the powder to Dr. Gupta. A laboratory analysis of the powder identified no harmful chemicals. It is undisputed that the Union was never informed about the powder at this time.
On September 23, 1981, Marsman was prevented from punching in to work and directed by the Company to report to the medical office for evaluation. Marsman's supervisor, Higgins, requested the medical exam because Marsman allegedly created a disruption on the night shift on September 21, 1981. Marsman denies creating a disturbance on September 21, 1981. She claims that on September 23, 1981, a manager accused her of creating a disturbance, ordered her to see Dr. Gupta, and then threw her out of the building. Marsman claims that the Company's contention that she was creating a disturbance on September 21, 1981 was false and was made as part of a conspiracy to force her to quit her position. When Marsman did not report for a medical exam, the Company placed her on personal time on a no-pay basis. Marsman asserts in her affidavit that she did not know that she was being placed on personal time. Rather, she claims that she was just thrown out of the building by a supervisor. The Company, however, has filed a letter dated September 29, 1981 from a manager to Marsman that explains that Marsman was put on personal time until she reported to Dr. Gupta.
On October 5, 1981, Marsman reported to Dr. Gupta for an examination as required by the September 29, 1981 letter. He found Marsman to be unfit to work, and she was placed on sickness disability as of October 5, 1981. She was then instructed to seek further psychiatric medical treatment from a physician of her choice or from a physician selected by the Company, and then to return to the Company's medical department for further review. Marsman refused to seek treatment.
The Company sent Marsman another letter on October 28, 1981. The letter reviewed Marsman's status of personal time between September 23 and October 5, 1981, and acknowledged that Marsman reported for a medical evaluation on October 5, 1981. The letter repeated the determination of the doctor that Marsman was unfit for work, and informed Marsman that an appointment had been set up for her with an independent psychiatrist, Dr. Mirin.
On November 2, 1981, Marsman went to see Dr. Mirin. On December 7, 1981, Dr. Mirin reported in writing to Dr. Gupta. Dr. Mirin's letter stated that he believed that Marsman should be allowed to return to work in "an environment in which she feels comfortable"; that the chances are good that she would function reasonably well; that he found no evidence of overt psychosis in his evaluation, although he agreed that Dr. Gupta's description of Marsman's difficulties with co-workers could be consistent with a diagnosis of paranoia; and that he disagreed with Gupta as to whether treatment should be required as a condition of returning to work. See Mirin Letter, December 7, 1981, Attachment to Marsman Affidavit. While stating that treatment should not be a precondition, Mirin stated that it was "naturally up to Dr. Gupta." Id.
Dr. Gupta chose not to follow Dr. Mirin's advice. Rather, he determined that treatment would be a precondition to Marsman resuming work.
As a condition of receiving sickness disability benefits from AT & T, an employee is required to submit to proper medical care and treatment. The Company claims that Marsman refused to submit to further psychological treatment after her evaluation by Dr. Mirin, and the Company therefore determined that she was not meeting the conditions of the benefit plan. Personnel Chief Robert Whynot informed Marsman in writing on November 23, 1981 that her sickness disability benefits were being withheld because of her refusal to submit to treatment. Marsman contends that she refused to go to any other doctors after her appointment with Dr. Mirin because she believed that Dr. Gupta and the Company were harassing her, and trying to make her believe that she was crazy.
Marsman sought the Union's assistance with regard to the Company's insistence that she continue psychiatric evaluation as a condition of returning to work. The Union contacted Dr. Mirin and arranged with Dr. Mirin and the Company that Marsman could return to work if she would periodically "check-in" with the psychiatric nurse, without having to submit herself to psychological treatment or evaluation. Marsman rejected this proposal and, according to her, the Union did nothing further to remedy the problem.
On December 29, 1981, Whynot informed Marsman in writing that "her continued failure to receive proper medical treatment and her failure to contact her supervisor at least once a week of her status would require further action on the Company's part." Whynot Affidavit ¶ 7. Whynot also instructed Marsman in his December 29 letter to report to see a Dr. Quinn at an appointed time on January 11, 1982. Marsman did not go to see Dr. Quinn. She claims she never knew about the appointment. At her deposition, however, she admitted knowing about the appointment.
In the spring of 1982, AT & T learned that Marsman had been employed by Sears, Roebuck and Company during the fall of 1981 while she was placed on sickness disability at AT & T. Marsman asserts that the only reason she was not reporting for work at AT & T is because the company would not let her. Marsman also claims that she was working for Sears part-time during hours compatible with her work at the Company and that she had to because she was receiving no income from the Company. AT & T informed Marsman on June 14, 1982 that she had "voluntarily resigned" from the company as of November 13, 1981 due to her employment with Sears.
Marsman reported this development to the Union President and, according to Marsman, President Burns responded to this information by stating Marsman Deposition Vol. III p. 544. Marsman requested that the Union write a letter to the company setting forth her...
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