Page v. Carolina Coach Co.
| Decision Date | 04 January 1982 |
| Docket Number | No. 81-1041,81-1041 |
| Parties | 115 L.R.R.M. (BNA) 4128, 107 Lab.Cas. P 55,829 James Edmond PAGE, Jr., and Susan Nichols Page, Appellants, v. CAROLINA COACH COMPANY, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Michael P. May, Baltimore, Md. (Patrick A. O'Doherty, Gordon C. Murray, Baltimore, Md., on brief), for appellants.
Warren M. Davison, Baltimore, Md. (Earle K. Shawe, Patrick M. Pilachowski, Shawe & Rosenthal, Baltimore, Md., on brief), for appellee.
Before HALL, PHILLIPS and CHAPMAN, Circuit Judges.
James Page and his wife sued the Carolina Coach Company for breaching an alleged oral contract to employ Page for his lifetime. The district court directed a verdict in favor of the Company, and Page appeals. We affirm, although for reasons other than those relied upon by the district court.
Page started working for the Company in 1961 as a bus driver. In 1971, Page let it be known that he was interested in becoming a dispatcher. The dispatcher's position was generally considered more desirable than that of driver because dispatchers worked regular hours, were not away from home overnight, and were entitled to better benefits. However, the drivers were represented by the Amalgamated Transit Union and were subject to a collective bargaining agreement which provided that a driver could be discharged only for just cause. Because dispatchers were part of management, they were not protected by a union contract. In Page's case this disadvantage was somewhat mitigated by a clause in the Transit Union contract which permitted drivers who became dispatchers to "bump back" to driver at any time without losing either seniority or benefits.
Page was asked by the chief dispatcher if he would like to work as a part-time dispatcher while retaining his full-time job as a driver. Page accepted, and started dispatching on weekends and his days off. In October, 1971, he relinquished his driver position to become a full-time dispatcher at the Company's State Road, Delaware, terminal. Shortly after this change, Ralph Heres, the Vice-President of Operations, told Page that he had made "a wise move."
The drivers' collective bargaining agreement was scheduled to expire in November, 1973. In early 1972, rumors began to circulate that the bump back clause would be eliminated when the current contract expired. To protect his seniority and job security, Page bumped back to driver in February, 1972. Nevertheless, in October, 1972, he again became a dispatcher. Although he was still fearful of losing his bump back rights, Page stated that he was induced to make the change by a Company supervisor. The "inducements" cited by Page were: (1) the regular work hours of the dispatcher position; (2) being home at night; and (3) the dispatcher's better benefits. As noted earlier, these inducements were simply characteristics of the dispatcher position.
In the spring of 1973, Page and his wife met with Heres. Page requested a transfer to Salisbury, Maryland, which Heres granted. Page's wife, however, was more concerned with her husband's job security and benefits. Heres told them that he considered Page to be a good employee with potential who would move up in the Company if he continued to do his job. Neither Page nor his wife could remember Heres stating a specific period of time during which Page could expect to be employed. Following the meeting, Page transferred to Salisbury and assumed his post as a dispatcher.
The drivers' collective bargaining agreement expired in November, 1973, and a new contract was negotiated and signed on April 1, 1973. As had been rumored, the bump back clause was deleted, but former drivers who had bump back rights under the old contract were given until May 16, 1974, to exercise those rights. After May 16, the rights would automatically terminate.
Page discussed this option with his wife, but not with any representative of the Company. Page decided to remain a dispatcher, and sent a letter informing Heres of his decision.
Page continued to work as a dispatcher at the Salisbury terminal until June 30, 1974, when he suffered a heart attack. For the next two months, he convalesced at home and received disability benefits. On the evening of August 30, 1974, Page drank an ounce of bourbon as directed by his doctor. At about 8:30 p. m., Page called the terminal to find out how the new dispatcher was handling the heavy Labor Day traffic. The dispatcher said that things were hectic, so Page went to the terminal to...
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