Moss v. Advance Circuits, Inc.

• Decision Date: 20 November 1997
• Docket Number: No. 4-96-407 (DSD/JMM).,4-96-407 (DSD/JMM).
• Citation: 981 F.Supp. 1239
• Parties: Coffy L. MOSS, Plaintiff, v. ADVANCE CIRCUITS, INC., Mike Maxson, United Steelworkers of America Union, District 33, and its Union President, Wendy Larson, Defendants.
• Court: U.S. District Court — District of Minnesota

981 F.Supp. 1239

Coffy L. MOSS, Plaintiff, v. ADVANCE CIRCUITS, INC., Mike Maxson, United Steelworkers of America Union, District 33, and its Union President, Wendy Larson, Defendants.

No. 4-96-407 (DSD/JMM).

United States District Court, D. Minnesota, Fourth Division.

November 20, 1997.

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Jesse Gant III, Gant Law Office, Minneapolis, MN, for plaintiff.

Mary L. Knoblauch, John E. Murray, Gena A. Braaten, Fruth & Anthony, Minneapolis, MN, for defendants Advance Circuits and Mike Maxson.

Scott A. Higbee, Peterson, Engberg & Peterson, Minneapolis, MN for defendants United Steel Workers and Wendy Larson.

ORDER

DOTY, District Judge.

This matter is before the court on all four defendants' motions for summary judgment and defendants Advance Circuits' and Mike Maxon's motion to strike Exhibits J and K of the affidavit of Kenneth Udoibok (Docket No. 40). Based on a review of the file, record, and proceedings herein, the court grants defendants' motions on all claims except plaintiff's defamation claim. The court dismisses that claim, however, for lack of jurisdiction. The court also grants defendants' motion to strike.

BACKGROUND¹

Plaintiff Coffy L. Moss is a resident of the State of Minnesota. Defendant Advance Circuits, Inc., (hereafter "Advance Circuits") is incorporated and has its principal place of business in the State of Minnesota. Defendant Mike Maxson (hereafter "Maxson") is a supervisor at Advance Circuits. Defendant United Steelworkers of America (hereafter "the Union") is the bargaining representative of employees at the Advance Circuits facility in question. Defendant Wendy Larson at all relevant times was president of the aforementioned local union.

This case involves sundry claims by plaintiff against defendants arising out of plaintiff's employment at Advance Circuits, which began in March 1980, and continues to this day. Moss is a member of the Union, with her employment subject to the collective bargaining agreement between the Union and Advance Circuits.

Plaintiff's claims arise from several incidents at Advance Circuits. On September 8, 1994, Moss punched in for work at 5:00 a.m. instead of her regular starting time of 7:00 a.m. Plaintiff took this action without preauthorization from her supervisor, Keith Moody. Plaintiff claims that when Moody questioned her about her action, he treated her in an aggressive and inappropriate matter and had to be told by plaintiff to "back off." Deposition of Coffy Moss at 74-75. The next day, Moss was informed of a management decision to change the shift allocation in the department where she worked, and as a result plaintiff was transferred to a different shift. Moss claims that the way in which she was informed of the shift change was racially discriminatory because no departmental meeting was called to discuss the change and a Union representative was asked to be present when plaintiff was informed of this change. On September 12, 1994, plaintiff complained to Mike Maxon, Director of Operations of the Specialty Products Division at Advance Circuits, that her change in shift was in retaliation for the September 8, 1994, incident; Maxon, however, informed plaintiff that the decision to change work force allocation had nothing to do with that incident. Plaintiff lodged a complaint with Richard Rogers, the Director of Human Resources at Advance Circuits. During an ensuing meeting between plaintiff, Moody, and Rodgers, Moody apologized to plaintiff for the September 8, 1994 incident.

On October 5, 1994, the Union filed a grievance with Rodgers stating that plaintiff felt discriminated against and that plaintiff considered Advance Circuits to be a hostile environment. For the first time, plaintiff also alleged that Maxson had treated her poorly during a department meeting.

During the proceedings on plaintiff's grievance, the Union informed Rodgers that Moss believed she had been sexually harassed by Maxson. On November 1, 1994, plaintiff filed a second EEOC charge,² alleging race and sex discrimination and retaliation. Moss complained that Maxson made special attempts to talk to her, looked at her breasts when talking to her, showed her a picture of an African-American woman who had recently married a relative of his, introduced plaintiff to his wife and said in a condescending manner that she was his best worker, and, at a company event approached plaintiff after dancing and said "Hey, not bad for a white guy." Deposition of Coffy Moss at 582. Maxson denied harassing plaintiff, but was warned to act appropriately around her. Plaintiff also claims that the Union did not advance her sexual harassment claims at the appropriate time. It is undisputed, however, that these concerns were raised during the grievance process and that Advance Circuits took action in response.

Plaintiff takes umbrage at the behavior of others at Advance Circuits. She alleges that a supervisor said "Yo, mama" to her when passing her in the hall. Deposition of Coffy Moss at 569. She also alleges that another supervisor rubbed her shoulders and back once. Rodgers investigated all of plaintiff's complaints and issued advisory letters to all those involved. Plaintiff has made no further complaints about sexual harassment to Advance Circuits management.

Plaintiff also complains of the failure of Advance Circuits to make her a group leader. Plaintiff alleges that she wanted to be appointed as a group leader in November 1994. Group leaders are appointed and removed by Advance Circuits on a discretionary basis, and even the Union states that the creation and filling of group leader positions is a matter committed to employer prerogative. To be a group leader, an employee must have good performance reviews, good attendance, a cooperative attitude, and at least average knowledge of the production work involved. Affidavit of Mike Maxson (Docket No. 33) at ¶ 8. Defendants Advance Circuits and Maxson allege that plaintiff was not appointed to the position of group leader because of attendance problems. Plaintiff, on the other hand, alleges that her non-appointment was in retaliation for filing her November 1994 EEOC charge.

On June 28, 1995, the United States Department of Criminal Investigative Services (hereafter "DCIS") executed search warrants at the Advance Circuits facility where plaintiff is employed. Plaintiff alleges that, although on vacation at the time, DCIS agents specifically asked for her when they arrived at her department, and that Maxson started a rumor that she was the one responsible for the search. Plaintiff claims that when she returned from vacation she was treated poorly by co-workers.

Plaintiff's complaint and papers also detail the other inequities plaintiff perceives in her employment at Advance Circuits. She claims that only she is required to let her supervisor know when she will need a schedule change, that the company does not allow her to switch shifts as frequently as other employees, and that the company improperly coded one of her absences.

Plaintiff filed her complaint on May 7, 1996, alleging the following claims: (1) racial discrimination and harassment against Advance Circuits, the Union, Maxson, and Larson; (2) aiding and abetting against Maxson and Larson; (3) reprisal and retaliation against Advance Circuits, the Union, Maxson, and Larson; (4) sexual harassment against Advance Circuits and Maxson; (5) defamation per se against Maxson; (6) negligent supervision against Advance Circuits; (7) failure to represent against the Union and Larson; and (8) negligent retention by Advance Circuits. The summary judgment motions and motion to strike currently before the court followed.

DISCUSSION

A. Defendants' Motions for Summary Judgment

The court should grant summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). This standard mirrors the standard for judgment as a matter of law under Federal Rule of Civil Procedure 50(a), which requires the trial court to enter judgment as a matter of law if there can be but one reasonable conclusion as to the verdict. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). A fact is material only when its resolution affects the outcome of the case. Id. at 248, 106 S.Ct. at 2510. A dispute is genuine if the evidence is such that it could cause a reasonable jury to return a verdict for either party. Id. at 252, 106 S.Ct. at 2512. There is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. Id. at 249, 106 S.Ct. at 2510.

On a motion for summary judgment, the court views the evidence in favor of the nonmoving party and gives that party the benefit of all justifiable inferences that can be drawn in its favor. Id. at 250, 106 S.Ct. at 2511. The nonmoving party, however, cannot rest upon mere denials or allegations in the pleadings. Nor may the nonmoving party simply argue facts supporting its claim will be developed later or at trial. Rather the nonmoving party must set forth specific facts, by affidavit or otherwise, sufficient to raise a genuine issue of fact for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). If reasonable minds could differ as to the import of the evidence, judgment as a matter of law should not be granted. See Anderson, 477 U.S. at 250-51, 106 S.Ct. at 2511. If a plaintiff fails to support an essential element of a claim, however, summary judgment must issue because a complete failure of proof regarding an essential element renders all other facts immaterial. Celotex, 477 U.S. at 322-23, 106 S.Ct. at 2552.

Plaintiff's complaint contains eight...