McGuire v. US Postal Service
| Decision Date | 02 November 1990 |
| Docket Number | No. 86 Civ. 8229 (WCC).,86 Civ. 8229 (WCC). |
| Citation | 749 F. Supp. 1275 |
| Parties | John J. McGUIRE, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant. |
| Court | U.S. District Court — Southern District of New York |
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Thomas F. Bello, P.C. (Thomas F. Bello, Louis M. DiLuzio, of counsel), Staten Island, N.Y., for plaintiff.
Otto G. Obermaier, U.S. Atty., S.D.N.Y. (Allan N. Taffet, Asst. U.S. Atty., of counsel), New York City, for U.S.
This action is brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., for employment discrimination and retaliation. Defendant, United States Postal Service, moves for summary judgment pursuant to Fed.R. Civ.P. 56(c). For the reasons set forth below, defendant's motion is granted in part and denied in part.1
Plaintiff, John J. McGuire, worked as a regular letter carrier for the Staten Island branch of the United States Postal Service ("Postal Service") from December 1980 until January 1986, but for a twelve-month break in employment. In or about January 1983, the Postal Service dismissed McGuire for allegedly being a safety hazard. McGuire challenged that dismissal by initiating labor grievance procedures pursuant to the Collective Bargaining Agreement between the Postal Service and the National Association of Letter Carriers. McGuire was reinstated to the Postal Service pursuant to an arbitration decision in January 1984 but did not actually recommence working until March 1985. In his final decision, rendered in August 1985, the arbitrator awarded McGuire back pay and permanent reassignment from the postal carrier craft to the postal clerk craft retroactive to January 10, 1984. See August 1985 Arbitration Decision.
In January, 1986, the Postal Service again terminated McGuire, this time for alleged persistent insubordination. See Notice of Proposed Removal. McGuire, again, chose to challenge the Postal Service's termination decision through the labor arbitration grievance process. Nevertheless, the Postal Service's termination decision was upheld by Arbitrator Thomas F. Carey on May 10, 1987. See Arbitration Decision of May 10, 1987.
In July 1985, McGuire sought EEO counselling regarding alleged employment discrimination by the Postal Service. McGuire charged that the Postal Service failed to promote him to the position of training technician based on his advanced age. McGuire subsequently filed an EEO complaint on August 30, 1985, alleging age discrimination based on his failure to obtain the technician position. McGuire withdrew that complaint on November 8, 1985.
McGuire also sought EEO counseling in August 1985. That EEO participation culminated, approximately three months later, in the filing of another EEO complaint by McGuire on November 23, 1985. In that complaint, McGuire alleged that he had been harassed and discriminated against. Following an unsuccessful hearing, McGuire filed a final appeal to the full Equal Employment Opportunity Commission (the "Commission") on or about January 21, 1986. The Commission issued its decision on October 17, 1986. Upon its review of the record, the Commission found McGuire's allegations to be "vague" and the prior EEO investigation incomplete. The Commission remanded McGuire's complaint to the agency for further processing by EEO counselors in accordance with applicable regulations.
Pursuant to the Commission's October 17, 1986 decision, EEO officers at the Postal Service further investigated and refined McGuire's charges of discrimination. Following its more thorough review of McGuire's charges, the agency articulated McGuire's allegation of employment discrimination as follows:
Complainant alleges Reprisal actions in that after he was restored to duty via arbitration and EEO involvement. sic Management refused to implement arbitrator's award. Denied him form CA-1 and refused to allow him to visit his family doctor following his traumatic injuries.
See EEO Report of Investigation dated December 18, 1986.
On January 20, 1988, McGuire was accorded a full evidentiary hearing before an Administrative Law Judge ("ALJ"). The ALJ heard two charges raised by McGuire:
Did the Agency discriminate against the complainant on account of reprisals for prior EEO involvement, when, it allegedly failed to implement an arbitrator's award dated August 14, 1985 and when it allegedly refused to give the complainant a CA-1 injury form on August 17, 1985?
See EEOC hearing Transcript dated January 20, 1988. On March 13, 1988, the ALJ ruled that McGuire had not been discriminated against in the terms and conditions of his employment in retaliation for his prior EEO activities. See EEOC Decision dated November 10, 1988. McGuire appealed the ALJ's decision to the full Commission on March 25, 1988. The Commission reviewed three specific charges of retaliation raised by McGuire:
See EEOC Decision dated November 10, 1988.
With respect to the CA-1 form and the September 1985 incident, the Commission upheld the ALJ's decision that McGuire had not been discriminated against in retaliation for his prior participation in EEO activities. Id. The Commission, however, directed the Postal Service to supplement the record with respect to the means by which the agency implemented the August 1985 arbitration award.
Following the issuance of the Commission's November 1988 final decision, McGuire filed an Amended Complaint with this court on December 29, 1988. McGuire filed a Second Amended Complaint on July 17, 1989. That complaint alleged employment discrimination by the Postal Service based on McGuire's age and national origin and in retaliation for McGuire's prior participation in EEO proceedings. On October 18, 1989, the Court entered a Stipulation and Order dismissing without prejudice McGuire's age and national origin claims, which had not been exhausted administratively below.
Plaintiff's instant lawsuit centers on four specific acts of alleged retaliation:
While claims (1)-(3) were raised in the EEO administrative proceedings, both parties to the lawsuit concede that the EEO administrative record is devoid of any evidence that McGuire ever sought to file formal charges alleging that his dismissal in January 1986 was based on retaliation for his earlier participation in EEO activities. Defendant's Memorandum at 9; Plaintiff's Memorandum at 7.
On or about August 16, 1985, Postal Service supervisors claimed that McGuire failed to follow proper procedures when "stepping off" his post at the Staten Island Post Office. McGuire Dep. at 18-19. McGuire was disciplined for allegedly ignoring Post Office procedures. Following that disciplinary criticism, McGuire began to experience pains in his chest, nausea, sweaty palms, and dizziness. McGuire Dep. at 22. McGuire was immediately transported to St. Vincent's Hospital in Staten Island. McGuire Dep. at 23-24.
On August 21, 1985, McGuire returned to work at the Staten Island Post Office. McGuire Dep. at 25. McGuire spoke to Cynthia Harkins, Safety Assistant at the Post Office at Staten Island, and requested a Form CA-1. That form is the Federal Employees' Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation. McGuire Dep. at 25-27. Upon the direction of her supervisor, Safety Specialist James F. Dierking, Harkins provided McGuire with a CA-2 form and suggested that McGuire complete it, instead, because he did not meet the United States Department of Labor, Office of Worker Compensation ("OWCP") criteria for traumatic injury. McGuire Dep. at 25-27; Dierking Dec. at ¶ 5. The CA-2 Form, entitled "Notice of Occupation Disease," was the form supplied to Postal Service employees with illness of the type apparently suffered by McGuire. Dierking Dec. at ¶ 5. Nevertheless, McGuire continued to insist that he be provided with the CA-1 form. McGuire Dep. at 26-27.
On August 30, 1985, Safety Specialist Dierking directed Harkins to provide McGuire with the CA-1 form. Dierking Dec. at ¶ 6; Harkins Dec. at ¶ 4. McGuire submitted the CA-1 form to the OWCP on that date. Dierking Dec. at ¶ 6; McGuire Dep. at 28, 30. McGuire failed, however, to submit the additional medical evidence requested by the OWCP to substantiate his claims as stated in the CA-1 form. McGuire Dep. at 33; Dierking Dec. at ¶ 6; Compensation Order Rejection of Claim Case No. A2-548104 dated December 11, 1985. The OWCP had requested this additional information through letters sent to McGuire on October 15 and 31, 1985. McGuire Dep. at 32-33; Compensation Order. Based on McGuire's repeated failure to respond to OWCP's requests for...
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