Smiley v. Daimler Chrysler

• Decision Date: 11 December 2008
• Docket Number: Civil Action No. 07-05-SLR.
• Parties: David A. SMILEY, Plaintiff, v. DAIMLER CHRYSLER and UAW Local 1183, Defendants.
• Court: U.S. District Court — District of Delaware

589 F.Supp.2d 471

David A. SMILEY, Plaintiff, v. DAIMLER CHRYSLER and UAW Local 1183, Defendants.

Civil Action No. 07-05-SLR.

United States District Court, D. Delaware.

December 11, 2008.

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David A. Smiley, Newark, DE, Pro se Plaintiff.

Jennifer Gimler Brady and Jennifer Catherine Wasson, Esquires, Potter Anderson & Corroon, LLP, Wilmington, DE, for Defendant Daimler Chrysler.

Joseph J. Rhoades and Allen Dale Bowers, II, Esquires, Law Office of Joseph Rhoades, Esq., Wilmington, DE, for Defendant UAW Local 1183.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff David A. Smiley ("plaintiff"), who proceeds pro se and has been granted leave to proceed in forma pauperis, filed this action against Daimler Chrysler ("Chrysler") alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-5, and against UAW Local 1183 ("UAW") for violations of 42 U.S.C. § 2000e-2, A(1), C(1), (2), and (3). Now before the court are the parties' crossmotions for summary judgment. (D.I. 44, 45, 61) For the reasons set forth below, the court will deny plaintiff's motion for summary judgment and will grant defendants' motions for summary judgment.

II. BACKGROUND

Plaintiff alleges that Chrysler violated the Americans with Disability Act ("ADA"); 42 U.S.C. § 12101, et seq., by failing to accommodate his disability and in terminating him as a result of his disability. (D.I. 2) Plaintiff alleges that the UAW violated 42 U.S.C. § 2000e et seq. and 19 Del. C. § 710 when it breached its duty of fair representation and discriminated against him on the basis of race.¹ (D.I. 34, 44)

Plaintiff began his employment with Chrysler on April 6, 1989, and was terminated effective May 13, 2005. He was a member of the UAW and worked as a door fitter in the body shop, a "Tech. 1" position. (D.I. 47, A142-144, A151) Plaintiff sustained a work related injury to his right elbow in September 2003.² (Id. at A40) Plaintiff testified that the day of his injury is the day he became disabled.³ (Id. at A42) Plaintiff was diagnosed with right lateral epicondylitis.⁴ (Id. at A270) Following his injury, plaintiff switched from a regulation hammer to a light hammer, in order to perform his job as a right side door fitter. (Id. at A54) He worked intermittently following the injury up until his termination. (Id. at A52)

Plaintiff began medical leave on July 8, 2004. (Id. at A256) While out on medical leave, he underwent an independent medical examination performed by Dr. Jeffrey S. Meyers ("Dr. Meyers"). (Id. at A266-270) Dr. Meyers concluded that plaintiff could return to work with restrictions. (Id. at A270). Chrysler's plant physician agreed with Dr. Meyers' conclusions. (Id. at A259) Thereafter, the PQX committee, with input from an OSHA nurse and Chrysler's safety department, determined that plaintiff could perform the alternative position of a left fender installer, a "Tech. 2" position.⁵ (Id. at A61-A62, A67, A144-147, A156, A250, A272) When plaintiff was assigned to this position in February 2005, he was restricted to lifting fifteen pounds with no repetitive twisting of the wrist and elbow. (Id. at A62, A67, A256) Plaintiff acknowledged that the PQX committee considered an accurate list of his medical restrictions.⁶ (Id. at A67) The new assignment did not change plaintiff's salary or seniority. (Id. at A144-147).

The left fender installer position required the use of a plunging tool, weighing approximately five pounds, to attach a fender, weighing approximately fifteen pounds, to the frame of a vehicle. (Id. at A69-A73) Plaintiff was instructed to report to the alternate position on February 9, 2005. (Id. at A272) Plaintiff did not object to the job assignment. (Id. at A66)

Plaintiff testified there was an issue or problem with the job because he is right handed and he continued to use his arm, but he did not tell anyone about the problem. (Id. at A73, A76) Plaintiff worked at the left fender installer job approximately one week before he began to have swelling. (Id. at 74) He returned to his physician who placed him on another medical leave. (Id. at A75) At no time did plaintiff ask to be placed in a different or alternate position. (Id. at A75, A76) Also, plaintiff testified that he did not know if there were other "Tech 1" jobs available that he could have performed. (Id. at A151-152)

While on medical leave, plaintiff was scheduled to see a plant physician on May 4, 2005, but he missed the appointment. (D.I. 44, ex.) Chrysler sent plaintiff a certified letter, dated May 6, 2005, requiring him to appear at the plant no later than May 13, 2005. (D.I. 47, A278) The letter asked plaintiff to substantiate all medically related absences from February 18, 2005 to May 13, 2005.⁷ (Id.) The letter advised plaintiff that if he did not submit the required evidence, his seniority would be terminated. (Id. at A278)

Plaintiff arrived at the Chrysler plant the morning of May 13, 2005. He submitted photocopies of his original medical records to human resources employee Dawn Ford ("Ford"). (Id. at A99) Ford is authorized to discharge employees who fail to properly substantiate their absences. (Id. at 247) Ford advised plaintiff that he was required to submit original medical records. (Id. at A104) She noted that the photocopied records did not contain the proper "DX" (i.e., diagnosis) code. (Id. at A101) Ford explained to plaintiff that he was required to submit original medical records with a DX code that day by 3:00 p.m. (D.I. 44, ex.) Plaintiff testified that Ford never told him that he needed to bring in his original notes, but he did tell her that his originals were at home. (D.I. 47, A99, A123, A162) Ford states that she asked for plaintiffs original documents. (Id. at A254) Plaintiff did not discuss his medical condition with Ford. (Id. at A171-A172)

At the time, Ford did not have a substantiation form available so she gave plaintiff a modified reinstatement denial form. (Id. at A102, A280, A246) Ford wrote the requirements applicable to plaintiffs substantiation on the reinstatement denial form and crossed out the requirements that did not apply to him. (Id. at A246) The modified form required plaintiff to provide documentation with a diagnosis or diagnostic code, statement of total disability, return to work date or an estimated return to work date, and original notes. (D.I. 44, ex.) Ford asked plaintiff to sign/initial the form, but he refused because it was an altered form. (D.I. 47, A102-103, A122, A124, A126, A140, A165, A246)

Plaintiff left the plant for his physician's office to obtain the necessary information. His doctor was not present, but an employee placed the proper DX code on plaintiff's original photocopied notes.⁸ (Id. at A106 A108) Plaintiff returned to the plant and left the photocopied medical records with human resources employee Angenella Fleming and asked her to give them to Ford who was unavailable.⁹ (Id. at A111, A113, A247) Plaintiff testified that he could not get new originals because his doctor was not in and if the notes were reissued there would be a different signature. (Id. at A110) Later that day plaintiff telephoned human resources and his call was sent to voice mail, but he did not leave a message. (Id. at A168) Plaintiff testified that he needed to speak to an individual, not voice mail. (Id.) Ford reviewed the documents and saw that they were photocopies. (Id. at A247) She waited until 3:00 p.m. that day to see if plaintiff would return with required original documentation, but he did not. (Id.)

The same day Ford authored a memorandum to the plant human resources department regarding the day's events with plaintiff. (D.I. 44, ex.; D.I. 47, A247, A281) The letter states that plaintiff "was not given 24 hours [to provide original medical records] due to fact that he already was given 5 days to report and present the requirements to the personnel office. He was well aware of the procedures and he was taken [sic] advantage of them." (D.I. 47, A281) Ford states that she determined termination was appropriate because plaintiff had been given two opportunities to comply with the substantiation policy and refused to do so without explanation. (Id. at A247) When she terminated plaintiff, Ford did not know what kind of injury or illness plaintiff had, or why he was absent from work on medical leave. (Id.)

Later, plaintiff called in to make sure human resources had the required documentation, discovered that his seniority had been terminated on May 13, 2005, and was told to contact his union shop steward. (Id. at A120, A121, A129) The same day he contacted his union shop steward, John Mehalshick ("Mehalshick"), and requested that the union file a grievance on his behalf. (Id. at A174-A176) Plaintiff does not recall what kind of relief he sought. (Id. at A185) Mehalshick told plaintiff that he had been told that Ford stated plaintiff had forged a document. (Id. at A177, A179) On May 16, 2005, plaintiff received a letter dated May 13, 2005, stating that he was terminated effective May 13, 2005. (Id. at A282) The letter states that plaintiff's seniority was terminated as a result of his failure to report as instructed. (Id.) Plaintiff was off work and receiving worker's compensation benefits at the time of his termination. (Id. at A36)

As requested, the union filed a grievance on plaintiff's behalf, dated May 18, 2005. (Id. at A283) The grievance form states that the nature of the grievance was an "unjust discharge." (Id. at A194, A283) The grievance states that "the union demand that this violation stop immediately and bring employee D. Smiley back with a clear record and full pay." (Id. at A185, A283) Around May 20, 2005, during phase 1 of the grievance process, management denied the grievance on the ground that plaintiff ...