Routes v. Henderson, IP 97-494-C M/S.

• Decision Date: 21 May 1999
• Docket Number: No. IP 97-494-C M/S.,IP 97-494-C M/S.
• Citation: 58 F.Supp.2d 959
• Parties: Thomas A. ROUTES, Plaintiff, v. William HENDERSON, Postmaster of the United States Postal Service, Defendant.
• Court: U.S. District Court — Southern District of Indiana

58 F.Supp.2d 959

Thomas A. ROUTES, Plaintiff, v. William HENDERSON, Postmaster of the United States Postal Service, Defendant.

No. IP 97-494-C M/S.

United States District Court, S.D. Indiana, Indianapolis Division.

May 21, 1999.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Kenneth E. Lauter, Haskin Lauter Cohen & Larue, Indianapolis, IN.

Tim A. Baker, AUSA, Office Of The United States Attorney, Indianapolis, IN.

ORDER FOLLOWING BENCH TRIAL

McKINNEY, District Judge.

On November 16-18, 1998, the Court held a combination jury and bench trial on the claims of plaintiff, Thomas A. Routes ("Routes"), brought under the Rehabilitation Act (jury) and the Family and Medical Leave Act (Court). At the close of Routes' case in chief, the defendant, William Henderson, Postmaster of the United States Postal Service, moved for a directed verdict on both claims. That motion was granted on the claims brought under the Rehabilitation Act, 29 U.S.C. § 794, but denied with respect to those brought under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2615, 2617. The bench trial then continued, with the parties presenting evidence on all issues relating to the claims under the FMLA. At the close of all the evidence, the defendant again moved for judgment as a matter of law, which motion was denied and post-trial briefing was ordered in lieu of closing arguments. That briefing concluded on January 5, 1999, and the Court, having heard the evidence, reviewed the exhibits, and considered the facts in light of the relevant laws, now renders its final decision regarding the matters presented at trial.¹

I. FACTUAL FINDINGS

1. In 1979, plaintiff, Thomas A. Routes ("Routes"), began working for the United States Postal Service ("USPS") at the Nashville, Indiana post office as a part-time flexible clerk. As such, he was responsible for sorting packages, letters, and flats of mail, as well as assisting customers who needed stamps or other postal services. On Sundays, he delivered express mail, and other days he completed deliveries or retrieved mail from other locations when necessary. In 1984, Bruce Gould ("Gould"), became the postmaster of the Nashville Post Office, and he was Routes' immediate supervisor at all times relevant to this action.

2. There are no formal, written job descriptions for part-time flexible clerks. Part-time employees, described in the collective bargaining agreement (the "CBA") between the USPS and the American Postal Workers Union (the "Union"), are those "assigned to regular schedules of less than forty (40) hours in a service week, or [who] shall be available to work flexible hours as assigned by the Employer during the course of a service week." Ex. 42, CBA Art. 7.1(A). As Routes was a part-time "flexible" clerk, he was expected to be available to work flexible hours as assigned during the course of a service week. A service week is defined in the CBA as a "calendar week beginning at 12:01 a.m. Saturday and ending at 12 midnight the following Friday." Id. Art. 8.2(A).

3. The USPS interpreted the CBA provisions regarding part-time flexible workers as establishing a requirement that these workers be available seven days a week, and Routes was often scheduled to work a portion of the day six or seven days a week. He understood that he was expected to be available for work at any time, but it was customary for him to get every third Sunday off. From August of 1994 to December 31, 1994, Routes worked a total of four weeks at seven days a week, or 25% of the time, and five weeks at six days a week, or 31%. Ex. A. The remaining weeks were five days a week or less. Altogether Routes worked more than five days a service week during nine out of sixteen weeks, or 56% of the time. Id. From January 1, 1995 to August 30, 1995, he worked a total of sixteen weeks at seven days a week, or 44%, and fourteen weeks at six days, or 39%. Id. The other six weeks were five day weeks or less. This means that during this thirty-six week period of time Routes worked more than five days a service week during thirty weeks, or 83% of the time. Id.

4. Routes suffers from alcoholism, and during the time in question, he also suffered from depression and migraine headaches. In 1991, Routes was diagnosed with pancreatitis (caused by alcoholism) and was told by his doctor that he should stop drinking. See Ex. 3. Subsequently, he began seeing Dr. Frank Miller ("Dr.Miller"), who is a psychologist specializing in addictions. Dr. Miller treated Routes for his addictions from approximately September of 1992 to the Spring of 1996. That treatment ended when Dr. Miller thought he had done all he could for Routes and Routes appeared to be in "remission." Routes tried to comply with his doctor's instructions by not drinking, but he had a "number of relapses." Ex. 49. According to Dr. Miller, Routes often felt overwhelmed by events in his life, including the fact that he could no longer drink as he had before due to the pancreatitis. Id. Dr. Miller thought these factors may have led to Routes' depression. Id.

5. Gould became aware of Routes' drinking problem when he suffered the pancreatitis attack in 1991, and testified that he knew Routes was a "party animal." After Routes was absent without leave in December of 1993, for having tested positive for alcohol during a routine test in connection with his probation for an earlier reckless driving conviction, Gould requested that the USPS Labor Relations Department ("Labor Relations") issue a letter of warning to Routes. In his request, Gould suggested that Routes be given information about the employee assistance program "pertaining to alcohol abuse." Ex. 5.

6. In 1992 the USPS began requiring Express Mail delivery on Sundays, which meant an increase in hours for the part-time flexible clerks who started working a seven-day week. By late 1992, Routes began complaining of migraine headaches to Dr. Miller. Ex. 49, Progress Note for Nov. 18, 1992. They occurred infrequently at first, but from December 1993 to December 1994, Routes experienced migraine headaches with increasing regularity to the point of almost daily occurrences. Ex C. He complained to Gould about them in December of 1993, and he took time off from work for treatment in early 1994. See Exs. C, D. That treatment involved inpatient care with intravenous steroids, which was not successful, several diagnostic tests including a CAT scan, an MRI, sinus x-rays, EEG and a number of blood tests, as well as treatment with a number of anti-depressants and anti-inflammatories. Ex. D.

7. Despite the doctors' efforts, Routes' headaches continued and interfered with his ability to sleep and concentrate, causing feelings of sadness and hopelessness. Id. Finally, in November of 1994, Routes began seeing Michael Wenzler, M.D., a psychiatrist who diagnosed him as having symptoms consistent with a major depression. Ex. 17, Letter dated Sept. 8, 1995. Dr. Wenzler began treating Routes with an anti-depressant and he appeared to improve. Id.

8. During Thanksgiving of 1994, after nearly a year of unsuccessful treatment for his headaches, Routes heard about the Diamond Headache Clinic in Chicago, Illinois, from a relative. He visited the Clinic on December 8, 1994, and was evaluated for treatment, at which time the clinic scheduled him for inpatient treatment beginning on December 12, 1994.

9. Routes requested sick leave for the period of time in which he would be hospitalized in Chicago, and he informed Gould that he needed the leave for inpatient treatment of his severe headaches. Routes did not specifically ask for FMLA leave for this absence. He was admitted to the Columbus Hospital on December 12, and discharged on December 19, 1994, in "stable and improved condition." Ex. C. Routes took thirty-two and one-half hours of sick leave during the week of December 10-16, 1994, although he was credited for having worked seven and one-half hours that week. Ex. A. The following week, December 17-23, Routes took thirty-two hours of sick leave and was credited with three hours of work. Id. When he returned to work, on or about December 23, 1994, Routes' schedule was reduced and he worked only twenty and one-half hours during six days of work the week of December 24-30. Id. It was similarly reduced the week of December 31, 1994 to January 6, 1995, during which Routes worked twenty-four hours on six days of work. Id.

10. When Routes asked Gould for sick leave to go to the hospital for his headaches, Gould was reluctant to approve it because it was the Christmas rush period, and he asked Routes why he had to get treatment then when he had been experiencing the headaches for a year. He also asked Routes to re-schedule his treatment for a less busy time at the post office. At trial, Gould admitted that he was upset with Routes for refusing to re-schedule the medical treatment to a less busy time of year. Although Gould made it clear to Routes that his absence would create a hardship, he nevertheless approved the leave because he believed he could not disallow sick leave, even during the holiday season.

11. Gould did not ask Routes for medical certification of a serious health condition, although he could have made that request under the FMLA. Because Routes had a physical or mental condition that involved inpatient care in a hospital, he did have a serious health condition as defined under the FMLA. Routes had worked for the USPS for more than fifteen years, and he had been employed for at least 1,250 hours of service during the previous twelve-month period.² Consequently, the leave Routes took in December 1994 qualified as FMLA leave.

12. After Routes returned from his sick leave, he and Gould got into a loud discussion about the fact that he had taken off during the holiday season. Routes testified that Gould was very angry with him and threatened to "get rid of" him. According to Gould, he was upset with Routes for taking leave for what he ...