Munoz v. England
| Citation | 557 F.Supp.2d 1145 |
| Decision Date | 18 March 2008 |
| Docket Number | Civil No. 06-00649 JMS/KSC. |
| Parties | Ysauro MUNOZ, Plaintiff, v. Gordon R. ENGLAND, Secretary of the Navy, Defendant. |
| Court | United States District Courts. 9th Circuit. United States District Court (Hawaii) |
G. Todd Withy, Law Office of G. Todd Withy, Honolulu, HI, Steven M. Spiegel, Alexandria, VA, for Plaintiff.
Jane M. Lyons, U.S. Attorneys Office, Washington, DC, Thomas A. Helper, Office of the United States Attorney, Honolulu, HI, for Defendant.
ORDER (1) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND (2) GRANTING DFENDANT'S MOTION FOR SUMMARY JUDGMENT
On February 28, 2002, Plaintiff Ysauro Munoz ("Plaintiff) and the Commander of the Navel Ship Repair Facility ("NSRF") in Yokosuka, Japan, Plaintiffs employer, signed a settlement agreement in which Plaintiff agreed to withdraw two complaints he had filed with the Navy's Equal Employment Office ("EEO"). These complaints charged that the NSRF discriminated against Plaintiff on the basis of race and age, by, among other things, withholding training opportunities from him. As part of the settlement, the NSRF agreed to provide Plaintiff "training to enhance [his] career within 12 months from the date of this agreement." Pl.'s Ex. 1.
Plaintiffs Amended Complaint states two claims: (1) that Defendant breached the settlement agreement by failing to provide Plaintiff with career enhancing training within 12 months of the agreement (Count I), and (2) that the denial of training constitutes retaliation against Plaintiff for opposing unlawful employment practices and filing his EEO complaints (Count II). Currently before the court is Plaintiffs Motion for Summary Judgment,1 and Defendant's Motion for Summary Judgment on Counts I and II. The court also raises sua sponte the issue of subject matter jurisdiction over Count I. Based on the following, the court finds that it has subject matter jurisdiction over Count I, DENIES Plaintiffs Motion for Summary Judgment, and GRANTS Defendant's Motion for Summary Judgment.
A. Factual Background
Since February 1987, Plaintiff has been employed at the NSRF as an Engineering Technician, level GS-12, in the Combat Systems Department, Weapons Systems Division. Pl.'s Statement of Material Facts ("Pl.'s SMF") ¶ 1; Def.'s Resp. to Pl.'s SMF ¶ 1. Plaintiffs responsibilities include "providing technical, repair and modernization services to the Navy's ships and weapons systems." Pl.'s SMF ¶ 1; Def.'s Resp. to Pl.'s SMF ¶ 1; see also Pl.'s Ex. 2, 2522 (Counselor's Report) ).
Beyond this description, the parties dispute the focus of Plaintiffs duties. Plaintiff claims that his "career area of expertise" is as a Launcher Technician, working on torpedo launchers, Asroc launchers, and MK 13 launchers. Pl.'s Ex. 3, Munoz Aff. ¶ 2. In contrast, Defendant asserts that Plaintiff has worked on a variety of systems that handle torpedoes, missiles, and ammunition. Jan. 28, 2008 Rita Decl. ¶ 1.3 Indeed, one reason Plaintiff filed his first EEO complaint was that he was advised that others would "`have the lead'" on equipment that he normally worked on, including MK 13 missile launchers, MK 32 torpedo tubes and related equipment, and MK 38 chain guns. Def.'s Ex. 10; see also Def.'s Ex. 13, 9 ().
On May 21, 1997, Plaintiff was informed that his position (i.e., "billet") would be abolished upon his departure, and that he was eligible to register in the Priority Placement Program ("PPP") for return to the United States when a position for which he qualified became available. Def.'s Ex. 2; Jan. 4, 2008 Rita Decl. ¶ 3. While enrolled in the PPP, Plaintiff was granted repeated six-month extensions of his tour at the NSRF. Jan. 4, 2008 Rita Decl. ¶ 3.
On August 21, 2001, Plaintiff filed a formal complaint of discrimination on the basis of age and race with the EEO. Pl.'s Ex. 2, 249 (Formal Complaint of Discrimination); Def.'s Ex. 10. Plaintiff explained that:
Training has also been an issue for some time, I.E. lack of career enhancement training and lack of funding for myself and my MLC counterpart to attend Engineering Working Group [ ("EWG") ] meetings. We have attended one EWG meeting in the last nine years. Attendance is required to keep up with engineering changes, new problems, fixes and discussions pertaining to the MK13 Missile Launchers and components....
Def.'s Ex. 10. An EEO counselor listed Plaintiffs allegations of being denied training as including: (1) a "briefing concerning ship alterations to the Hellfire missile handling and stowage systems .... and a second potential travel for certification of another system;" (2) an EWG briefing on torpedo takedown systems; and (3) an EWG meeting concerning the MK 13 chain gun. Pl.'s Ex. 2, 253 (Counselor's Report).4 Plaintiffs requested resolution included that he be sent to "EWG conferences and other appropriate training." Id. at 252.
On November 26, 2001, Plaintiff filed a second formal complaint with the EEO, alleging reprisal for his first EEO complaint. Id. at 261 (Second Formal Complaint of Discrimination). Both complaints were accepted by the EEO and consolidated. Id. at 270 ().
On February 28, 2002, Plaintiff and the Commander, NSRF, signed an agreement to settle Plaintiffs EEO complaints. Pl.'s Ex. 1. The agreement recited Plaintiffs allegations of discrimination and retaliation, including the following:
As the result of discrimination on the basis of race (Hispanic) and age (DOB 7/31/44), since January 1998 management of the Combat Systems Office, Ship Repair Facility, Yokosuka, Japan, has denied you Engineering Working Group (EWG)" training and not allowed you to attend conferences. The last incident was the EWG meeting of the MK-13 chain gun in April 2001.
By signing the agreement, Plaintiff agreed to withdraw his allegations of discrimination:
[Plaintiff] hereby irrevocably and unconditionally releases, acquits and forever discharges [Defendant] from any and all charges, complaints, claims, liabilities, obligations, promises agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses related to [Plaintiffs] discrimination Complaint addressed in this Settlement Agreement.
Id. For its part, Defendant agreed to:
provide training to enhance Mr. Munoz' career within 12 months from the date of this agreement.
The agreement further states that it:
represents the entire agreement between [Plaintiff] and the Commander Ship Repair Facility, Yokosuka, Japan. There are no other agreements between the parties, either expressed or implied, oral or written.
Id. Despite this clause, Plaintiff asserts that Robert Nolan ("Nolan"), who signed the agreement and is Chief of the Labor/Employee Relations and Services Division of the NSRF, orally agreed that Plaintiff would receive Vertical Launch Systems ("VLS") training as part of the settlement agreement.5 See Pl.'s Ex. 30, 71.
Post-settlement, Defendant provided Plaintiff several training opportunities. Plaintiff attended VLS deluge valve overhaul training on March 19, 2002, an MK 13 EWG conference on June 4, 2002, and MK 44 machine gun training on January 21, 2003.6 See Pl.'s Ex. 22, 159 (Training History for Munoz, Ysauro); Def.'s Ex. 6.
Peter Rita ("Rita"), who was Combat Systems Director at the NSRF and managed the billets, contends that the VLS deluge valve overhaul training and MK 44 machine gun training were career enhancing because they gave Plaintiff "a skill and a certification he did not previously have, one that was in demand both at Yokosuka and in the Navy worldwide." Jan. 4, 2008 Rita Decl. ¶¶ 9, 11. In comparison, Plaintiff contends that none of these training opportunities was career enhancing. The VLS Deluge valve overhaul training did not result in any certification, and the resulting work was not a full time position, but rather a support or collateral activity. Woodworth Aff. ¶ 15. Plaintiff further contends that the MK 13 and the MK 44 were not included in his position description during the settlement compliance period.7 PL's Ex. 3, Munoz Aff. ¶ 10. Finally, Plaintiff contends that the MK 13 EWG conference was not career enhancing because the MK 13 was being phased out in favor of the VLS. Id.
Defendant denied Plaintiffs post-settlement agreement requests for VLS training (as opposed to the VLS deluge valve overhaul training). The parties agree that "VLS is the primary missile launching systems used on surface combatant ships and of such importance to the United States Navy that only personnel certified by the Naval Ships Weapons Center as Systems Maintenance Technician (`SMT') or Test Director [(`TD')] are allowed to supervise work on the system." See Def.'s Concise Statement in Support of Def.'s Mot. ("Def.'s SMF") ¶ 7; PL's Resp. SMF ¶ 7. The VLS training base course is three months long, and conducted in Port Hueneme, California. Jan. 4, 2008 Rita Decl. ¶ 7.
Plaintiff first requested VLS training in April 2002. In an April 2, 2002 email, Rita forwarded Plaintiffs VLS training request to Nolan, and explained that he had no intention of approving this request for three reasons:
(A) Our new VLS Technician, Mr. V. Preciado will be arriving later this month. He is a Certified System Maintenance Technician (SMT) capable of...
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