Parmer v. National Cash Register Co., 74-1131
| Decision Date | 20 September 1974 |
| Docket Number | No. 74-1131,74-1131 |
| Citation | 503 F.2d 275 |
| Parties | 87 L.R.R.M. (BNA) 2408, 8 Fair Empl.Prac.Cas. 893, 8 Empl. Prac. Dec. P 9674, 75 Lab.Cas. P 10,398 Hazel A. PARMER, Plaintiff-Appellant, v. The NATIONAL CASH REGISTER COMPANY et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Milton A. Hayman, Steubenville, Ohio, for plaintiff-appellant.
N. Victor Goodman, Columbus, Ohio, for International Brotherhood of Electrical Workers; Topper, Alloway, Goodman, DeLeone & Duffey, Columbus, Ohio, on brief.
J. Mack Swigert, Cincinnati, Ohio, for National Cash Register Co.; Taft, Stettinius & Hollister, William K. Engeman, Lawrence J. Barty, Cincinnati, Ohio, Robert E. Signom, Dayton, Ohio, of counsel.
Donald G. Logsdon, Charleston, W. Va., for Local 1854, International Brotherhood of Electrical Workers; Stanley M. Hostler, Hostler, Logsdon, Shinaberry & McHugh, Charleston, W. Va., on brief.
Before EDWARDS, McCREE and ENGEL, Circuit Judges.
We consider an appeal from a judgment entered upon dismissal of plaintiff-appellant's suit brought under Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. 185(a), and Section 706 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-5(g), against National Cash Register Company (NCR), International Brotherhood of Electrical Workers, and Local 1854, International Brotherhood of Electrical Workers. Hazel Parmer alleged in her complaint that she was employed by NCR for more than three years until her discharge on August 19, 1969. During that period, she was a member in good standing of Local 1854. On that date, appellant was ordered to work in a lower job classification to fill in for absent employees whose production duties were deemed essential. 1 She refused, claiming that only women were ordered to work temporarily in these lower job classifications, while men with less seniority were never requested to perform similar duties. She was then discharged, pursuant to the collective bargaining agreement, for insubordination. The Local processed her grievance to a step short of arbitration and carried it no further for want of merit. Appellant alleged that, because of her sex, she was discriminatorily harassed and ultimately discharged by the company in violation of her rights, and that the local and international unions, by failing to property process her grievance, breached their duty of fair representation.
On appeal, Parmer presents five issues in which she claims error on the part of the district court. First, she contends that she proved by a preponderance of the evidence that the International and Local jointly violated their duty of fair representation in processing the grievance relating to her discharge and that the court erred in not so finding; second, that the preponderance of evidence affirmatively established, contrary to the court's determination, that she was discharged for discrimination because of sex within the meaning of 42 U.S.C. 2000e-5(g); third, that the court should have held that the evidence clearly established that appellees had collectively violated Title VII of the Civil Rights Act of 1964; fourth, that the court erred in not granting her costs and attorney's fees for pursuing her cause of action pursuant to 42 U.S.C. 2000e-5(k); and, fifth, that the court erred in not permitting all issues against all defendants, as stipulated by the parties, to be presented at the same time for its full consideration.
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