Martin v. Boeing-Oak Ridge Co.

• Decision Date: 12 December 2002
• Docket Number: No. 3:01-CV-113.,3:01-CV-113.
• Citation: 244 F.Supp.2d 863
• Parties: Clayton H. MARTIN, Jr., Plaintiff, v. BOEING-OAK RIDGE COMPANY, Defendant.
• Court: U.S. District Court — Eastern District of Tennessee

244 F.Supp.2d 863

Clayton H. MARTIN, Jr., Plaintiff, v. BOEING-OAK RIDGE COMPANY, Defendant.

No. 3:01-CV-113.

United States District Court, E.D. Tennessee. Knoxville Division.

December 12, 2002.

COPYRIGHT MATERIAL OMITTED

Robert L Jolley, Jr, Knoxville, TN, M Robin Repass, Ogborn, Summerlin & Ogborn, LLC, Denver, CO, for Clayton H Martin, Jr, plaintiff.

John C Burgin, Jr, Edward G Phillips, Edwin H Rayson, Jr, Kramer, Rayson Leake, Rodgers and Morgan, Knoxville, TN, for Boeing-Oak Ridge Company, defendant.

MEMORANDUM OPINION

JORDAN, District Judge.

This civil action is before the court for consideration of the motion for summary judgment filed by defendant, Boeing-Oak Ridge Company, [doc. 14]. Plaintiff has responded in opposition to the motion [doc. 18, 19], and defendant has submitted a reply [doc. 22], Plaintiff has filed this action for alleged violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, et seq.; 42 U.S.C. § 1981; and The Tennessee Human Rights Act ("THRA"), Tenn.Code Ann. § 4-21-101, et seq.¹ For the reasons stated herein, the motion will be granted, and this case will be dismissed.

I. Factual Background

Plaintiff is an African American who was hired by defendant on September 24, 1991, as a Production Machine Operator. On September 13, 1993, plaintiff was made a Machinist. Defendant manufactures commercial aircraft parts and has several hundred employees subject to a collective bargaining agreement ("CBA") with the International Association of Machinists ("the Union").

In 1993, an hourly employee, Anthony Collins ("Collins"), kicked the plaintiff and verbally abused him. Plaintiff reported the incident to his supervisor who resolved the matter including obtaining an apology from Collins, something plaintiff had requested. In his deposition, plaintiff acknowledged that the matter had been resolved as he had requested.

Several years later in 1998, two hourly employees, Tim Johnston ("Johnston") and David Spears ("Spears"), allegedly made racial remarks in the context of the Jasper, Texas incident in which an African American man was chained and pulled behind a vehicle to his death. Johnston is alleged to have told the plaintiff that he had a chain that would "just fit" him. Spears is alleged to have said prior to this incident that the Knoxville police were getting coon dogs because they were having trouble with "coons."

Plaintiff never reported the Spears remark to management. The remark appeared in plaintiffs EEOC charge dated January 10, 2000. Plaintiff did not report the Johnston remark until June 1999, a year after it was made. It came to light while plaintiff was being questioned in connection with the incident involving Elmer Carver ("Carver"), the facts of which are set out below. After plaintiffs EEOC charge was made, the EEOC Specialist for defendant interviewed Johnston and Spears. Johnston denied making the remark, and Spears said the "coon dogs" remark was made by plaintiff, who repeated it several times.

The Carver incident occurred June 23, 1999. Carver, a machinist, brought pictures of a KKK rally to the plant and showed them to plaintiff. The incident was witnessed by another machinist, Bob Clark ("Clark"). Carver asked plaintiff if he wanted the pictures and if he wanted to join. Plaintiff's response was "hell no." Carver put the pictures on a trash can. Plaintiff later retrieved them and reported the incident to the EEO Manager. The security office immediately questioned Carver and Clark. Carver's explanation was that he and plaintiff had discussed issues over the years and he had seen the KKK material on his home computer and wanted to discuss it with plaintiff. He denied any intent to offend plaintiff.

Plaintiff was interviewed by the Labor Relations Manager, Marvin Thomas ("Thomas"). Plaintiff said that Carver made racial jokes and the joke had gone too far and he was offended.² Plaintiff testified in his deposition that he did not want Carver fired. Carver was suspended and then terminated June 30, 1999. The Union filed a grievance which was denied. The Union pursued the matter to arbitration. Plaintiff testified as a witness for defendant at the arbitration. The arbitrator upheld the discharge by a decision dated April 18, 2000.³

In the spring of 1999, Don Long ("Long") became defendant's plant manager. Via a letter dated May 6, 1999, Long set out defendant's policies concerning harassment and equal opportunity. The letter was entitled "A Harassment-Free Workplace" and was distributed to all employees. It made clear defendant's zerotolerance for harassment and other inappropriate conduct and stated, "Our workplace must be a safe and supportive environment where everyone is treated with respect, decency and civility."

An Employee Information Bulletin entitled "Zero Tolerance for Company Policy Violations" was posted May 13, 1999. The bulletin stressed defendant's commitment to a workplace free of harassment. During the time the Carver incident was under investigation, Long issued a letter to all employees dated June 24, 1999, entitled "A Harassment-Free Workplace Policy Reaffirmation." Long wrote:

Recently some racially offensive pictures (a Ku Klux Klan rally) were brought into the workplace. As a result of this incident, an investigation is currently being conducted. This information bulletin is distributed to reemphasize the Company's harassment-free workplace policy.

The Company has adopted a zero-tolerance policy toward harassment and other inappropriate conduct that makes our work environment intimidating or harassing. As outlined, in numerous information Bulletins and Policy statements, Ethnic jokes, offensive literature and racial slurs, even "among friends," have no place within the work environment. Our response to this type of behavior will be both swift and direct. The fact that "everyone" laughed, "no one" objected or you "didn't mean it" are not acceptable explanations.

The record reflects that other employees not involved with plaintiff were disciplined for inappropriate racial conduct. In October 1995, an employee showed a hangman's noose to a black female employee. The incident was reported and the offending employee was given a three-day suspension without pay. In 1998, an employee with a chain gang device displayed it to other employees. The device was placed at the work station of an African American employee. The incident came to the attention of management who gave the offending employee a five-day suspension without pay. Four front-line supervisors apparently considered the action a joke and did not report it. They too received a five-day suspension without pay. Plaintiff testified in deposition that he was aware of these actions.

In late August of 1999, plaintiff complained to Thomas that a retirement party was held in the plant for a retiring machinist to which neither he nor any black employee was invited. Plaintiff told Thomas he thought supervisors were involved. Thomas investigated and learned that the gathering had taken place during the lunch break and that it had been given by hourly employees. Supervisors did not sponsor the occasion, but two supervisors came by to shake hands with the person retiring. Thomas also learned that a black employee had been invited. This information was passed on to plaintiff by Thomas. Plaintiff said he did not want anything more done.

Subsequent to the Carver incident, plaintiff found that someone had poured oil and sardine oil at his work station. According to plaintiffs EEOC charge, it was on September 17, 1999. Plaintiff reported the incident to Thomas who discussed it with him. The offending party could not be found. Thomas conveyed the information to the Manager of the Human Resources Department, Mike Reid ("Reid"). Defendant was at that time looking into the fact that some employees had Confederate flags displayed on or in their tool boxes. Defendant determined that displaying such an insignia was inappropriate for the workplace and instructed supervisors to inform employees of that fact. Guards were told to inform the Human Resources Department of any vehicles carrying the insignia. As recently as May 2002, employee Spears was told to remove a Confederate insignia from his truck if he wanted to continue using the plant parking lot. Spears complied.

One of plaintiffs claims is that he has been acting as a "group leader" since May 1999 but has not been paid the additional hourly rate for performing the work, which according to plaintiff is 50 cents per hour. According to plaintiff, in mid-1998 he was asked by his supervisor to learn the job of a machinist, Doug Eldridge ("Eldridge"), who was planning to retire so he could assume Eldridge's place as "group leader." Eldridge retired in May 1999. The position of "Lead" is provided for in the CBA, and the defendant has the right under the CBA to assign an employee to that position. Plaintiff wrote a letter dated August 30, 1999, to defendant officials concerning this matter.

Plaintiff met with Jerre Armstrong ("Armstrong"), the Operations Manager, twice about this issue, once before and once after plaintiffs letter. Eldrige's personnel records demonstrate that he was never a Lead and was not paid the additional 35 cents per hour, not 50 cents as contended by plaintiff, for doing Lead work. Plaintiff was informed of this fact. Armstrong and machinist supervisor Steve Williams ("Williams") met with plaintiff twice to explain the work he was asked to do was not lead work and that like all machinists he was to assist others with their work. Armstrong told plaintiff in September 1999 that the area did not need a lead.

Plaintiff's supervisor changed in the fall of 1999 when Mike Purcell ("Purcell") became the machinist supervisor. In December 1999, Purcell was assigned additional responsibilities which required that he have lead employees in three areas. Employee Burt Galbraith ("Galbraith"), a utility...