Ronnie Monk v. Potter

• Decision Date: 15 July 2010
• Docket Number: Action No. 4:09CV73.
• Citation: 723 F.Supp.2d 860
• Court: U.S. District Court — Eastern District of Virginia
• Parties: Ronnie MONK, Plaintiff, v. John E. POTTER, Postmaster General, United States Postal Service, Defendant.

723 F.Supp.2d 860

Ronnie MONK, Plaintiff,

v.John E. POTTER, Postmaster General, United States Postal Service, Defendant.

Action No. 4:09CV73.

United States District Court,E.D. Virginia.

July 15, 2010.

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Edgar R. Jones, for Plaintiff.

George M. Kelley, III, for Defendant.

OPINION AND ORDER

MARK S. DAVIS, District Judge.

This matter is before the Court on the motion to dismiss, or in the alternative, motion for summary judgment, filed by defendant John E. Potter, Postmaster General of the United States Postal Service (“Defendant”). The motion has been fully briefed and argued before the Court.

For the reasons stated below, the Court GRANTS summary judgment to Defendant, and the complaint is DISMISSED WITH PREJUDICE.

I. Facts and Procedural History

As discovery in this case is complete, and, as discussed below, as there is no genuine issue as to any material fact, the Court will consider Defendant's motion as one for summary judgment. In doing so, the Court reviews “the pleadings, the discovery and disclosure materials on file, and any affidavits.” Fed.R.Civ.P. 56(c). The Court also considers evidence from the Merit System Protection Board's formal record. Rana v. United States, 812 F.2d 887, 890 (4th Cir.1987) (holding that court may review evidence “created by the formal record before the [Merit System Protection Board]” when evaluating appeals from the Merit System Protection Board of discrimination claims).

A. Background

Plaintiff Ronnie Monk (“Plaintiff” or “Monk”) was employed by the United States Postal Service as a mail carrier at the Phoebus Station in Hampton, Virginia for twenty-four years until his termination on June 6, 2008. (Compl. ¶ 5, Docket No. 1; R. Monk. Dep., Att. 19, Docket No. 27.) At the Phoebus Station, as at other post office branches, each mail carrier is assigned a regular mail route to be completed in eight hours. Mail carriers receive overtime pay if they take longer than eight hours to complete their mail routes. (P. Beverly Decl. ¶ 7, Docket No. 27.) The carriers are required to review their mail daily and, if they believe the route will take longer than usual, obtain authorization for overtime prior to leaving the post office. If mail carriers go into overtime without obtaining prior authorization, they incur “unauthorized overtime.” (P. Beverly Decl. ¶¶ 7-8.)

From October of 2006 through June of 2008, the period during which Monk claims he experienced unlawful discrimination, all of the mail carriers at the Phoebus Station were male, ¹ with the exception of Ms. Rodriguez and Ms. Brooks, who were only employed at the Phoebus Station for a short part of the relevant time period. (P. Beverly Decl. ¶ 5; T. Grayer Decl. 27-28, Docket No. 34.) The Phoebus Station also had two temporary female employees, Ms. Bloom and Ms. Cook, who, in addition to other duties, substituted for mail carriers when the carriers were absent. (P. Beverly Decl. ¶ 4.)

In 2006, Congress enacted the Postal Accountability and Enhancement Act, Pub.L. No. 109-435, 120 Stat. 3198 (codified in scattered sections of 39 U.S.C.), which instituted reforms intended to make the Postal Service a profitable, competitive business. (L. Winmon Decl. ¶ 3, Docket No. 27.) In response, the Postal Service commenced efforts to reduce its overhead costs, including a campaign to reduce unauthorized overtime expense. This effort was unpopular with many Postal Service employees. ( Id. at ¶ 10.)

B. Postal Station Environment

In October of 2006, Pamela Beverly (“Beverly”) transferred to the Phoebus Station to assume the Branch Manager position. (P. Beverly Decl. ¶ 1.) Beverly was particularly interested in cutting the branch's unauthorized overtime costs. ( Id. at ¶¶ 3, 6.) She believed that unauthorized overtime was a wide-spread problem in the Postal Service and was used by postal employees to inappropriately generate additional income. ( Id. at ¶ 10.)

Some of the mail carriers believed Beverly was a “tough” manager and disliked her management style. (MSPB R., vol. IV, Hr'g Tr. 12.) They considered her efforts to enhance efficiency to be harassing and intimidating. There were frequent confrontations and arguments at the Phoebus Station (T. Grayer Dep. 26.), and several of the employees found Beverly's communication style to be disrespectful. (R. Holly Dep. 29, Docket No. 34; T. Grayer Dep. 26. Docket No. 34; MSPB R., Hr'g Tr. 21-22.)

At least some of the male employees at the Phoebus Station believed that Beverly had an animus against men. (MSPB R., Hr'g Tr. 36-37; K. Douglas Dep. 48, Docket No. 34; R. Holly Dep. 17-18.) In 2007, Krystopher Douglas, a mail carrier, filed an EEO complaint against Beverly alleging sex discrimination, which complaint was resolved through mediation. (K. Douglas Dep. 12-13.) Some male employees perceived that Beverly frequently denied their vacation requests while readily granting female temporary employees days off for hair appointments or for family issues. (R. Holly Dep. 19.)

However, some female employees also had difficult relationships with Beverly. For example, at a Phoebus Station all-employee meeting, Beverly told Ms. Rodriguez publicly that she would be disciplined or terminated if she had additional unauthorized overtime violations, and Ms. Rodriguez transferred to another post office station soon thereafter. (R. Holly Dep. 12-13.)

C. Disciplinary Actions

On February 18, 2006, prior to Beverly's arrival, Monk incurred unauthorized overtime and was issued a disciplinary Letter of Warning by Sherry Jordan-Taylor on March 4, 2006. (L. Winmon Decl. ¶ 11.) Monk filed a grievance with his Union concerning the discipline, and after Union mediation, the Postmaster agreed to remove the letter from his employment file on December 4, 2006, provided that Monk did not incur another unauthorized overtime violation prior to that date. (L. Winmon Decl., Att. 4.) However, because Monk did incur additional unauthorized overtime prior to December 4, 2006, the March 4, 2006 disciplinary letter was not expunged from his record. (L. Winmon Decl. ¶ 12.)

On November 28, 2006, after Beverly's arrival at the Phoebus Station, Monk incurred the unauthorized overtime that kept the March 4, 2006 disciplinary letter in his file, and he was issued a disciplinary Letter of Warning on December 18, 2006. (L. Winmon Decl., Att. 5.) On January 5, 2007, Monk was issued a third Letter of Warning for being tardy (arriving at work after 8:00 a.m.) on seven separate occasions and for not properly scheduling sick leave. ( Id., Att. 6.) On January 17, 2007, Monk incurred unauthorized overtime and, on February 1, 2007, was issued a Letter of Suspension, which is considered to be more serious than a Letter of Warning, but does not result in actual suspension of employment. ( Id. at ¶ 14.) Then, on March 26, 2007, Monk was issued another Letter of Suspension for being tardy on four new occasions and for taking unauthorized sick leave. ( Id. at ¶ 14.)

A mediation meeting involving Monk, a Union representative, and Postal Service management was held on April 27, 2007 to address Monk's disciplinary actions and an EEO complaint that he had filed in response to the discipline. ( Id. at SI 15.) In addition to other provisions, Beverly and Postmaster Lucy Winmon agreed to change Monk's daily start time from 8:00 a.m. to 8:15 a.m., to expunge the February 1, 2007 Letter of Suspension from his employment file on October 27, 2007 if he incurred no additional unauthorized overtime violations, and to expunge the March 26, 2007 Letter of Suspension from his employment file on April 27, 2008. ( Id. Att. 9.) Because Monk incurred additional unauthorized overtime violations, the February 1, 2007 Letter of Suspension was not expunged from his employment record. The March 26, 2007 Letter of Suspension was also still in Monk's employment file when he received his Notice of Removal on February 21, 2008, which was prior to the date on which the Letter of Suspension was to be expunged. ( Id. at ¶ 19.)

On May 24, 2007, Monk failed to scan, for tracking purposes, electronically traceable mail, requiring the Postal Service to issue a refund to a customer who had paid a premium rate for the tracking service. ( Id. at ¶ 16.) On June 18, 2007, he was issued a Letter of Warning for unsatisfactory performance. ( Id.)

On October 5, 2007, Monk was issued a Letter of Suspension for being tardy on three occasions and for an unauthorized absence. ( Id., Att. 11.) Monk filed a grievance concerning the Letter of Suspension, and after Union mediation, the Postmaster agreed to expunge the Letter of Suspension from Monk's employment record on April 25, 2008, provided he did not incur additional similar infractions before that date. ( Id.) The Letter of Suspension was still in Monk's employment file when he received his Notice of Proposed Removal on February 21, 2008. ( Id. at ¶ 19.)

On January 21, 2008, Monk received a Letter of Suspension for three separate unauthorized absences. ( Id. at ¶ 18.) Monk filed a grievance concerning the disciplinary action, and, after Union mediation, Beverly agreed to expunge the Letter of Suspension from Monk's employment record on March 6, 2008, provided he did not incur additional unauthorized absences before that date. ( Id.) The Letter of Suspension was still in Monk's employment file when he received his Notice of Proposed Removal on February 21, 2008. ( Id. at 19.)

Despite his disciplinary record, Monk maintained that his performance was satisfactory. With regards to the unauthorized overtime, Monk contended that his mail route was too long to complete in eight hours. (R. Monk Dep. 59.) He based this assertion on an official inspection of his mail route in May of 2005, in which a Postal Service route inspector reported that it took her 8 hours and 38 minutes to complete Monk's route. (MSPB R., vol. IV, Hr'g ...