Turner v. Computer Scis. Corp.

• Decision Date: 01 August 2014
• Docket Number: CIVIL ACTION NO. H-13-0888
• Citation: Turner v. Computer Scis. Corp., CIVIL ACTION NO. H-13-0888 (S.D. Tex. Aug 01, 2014)
• Parties: ADAM TURNER, v. COMPUTER SCIENCES CORP.
• Court: U.S. District Court — Southern District of Texas

ADAM TURNER, v. COMPUTER SCIENCES CORP.

CIVIL ACTION NO. H-13-0888

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

August 1, 2014

MEMORANDUM AND OPINION

Adam Turner, who is African-American, sued his former employer, Computer Sciences Corporation ("CSC"), alleging that he was laid off from his job as a pipe fitter because of racial discrimination and in retaliation for his complaints about CSC's approach to hiring electricians and to allocating work between electricians and pipe fitters. (Docket Entry No. 22 at 1). During his employment, Turner filed complaints with CSC's Human Resources Department and spoke out against how the company hired electricians in his division. (Docket Entry No. 30-7 at 10, 23-24). Over nine months after making these complaints and comments, Turner was laid off, along with three Caucasian and two Hispanic employees. CSC asserts that the layoffs resulted from the demand by its client, NASA, for cost reductions. (Docket Entry No. 22 at 3-4). Turner timely filed administrative discrimination and retaliation claims and, after he received a notice of right to sue letter, filed suit in state court. CSC timely removed. Turner alleged racial discrimination and retaliation under 42 U.S.C. § 1981 and the Texas Labor Code. (Docket Entry No. 22). After discovery, CSC moved for summary judgment on all of Turner's claims. (Docket Entry No. 30). Turner responded to the motion, and CSC replied. (Docket Entry No. 32, 33).

Based on the pleadings; the motions, responses, and replies; the record; and the relevant law, this court grants CSC's motion for summary judgment and enters final judgment by separate order. The reasons for these rulings are explained in detail below.

I. Background¹

A. The Parties and Witnesses

1. CSC

CSC is in the business of providing facility maintenance and construction services on a contract basis. This lawsuit arises out of CSC's contract work for NASA at the Johnson Space Center.

Michael Matteson, CSC's program manager at the Johnson Space Center, supervised Patricia A. McCoy, CSC's Human Resources and Labor Relations Manager from 2008 to 2013. (Docket Entry No. 30-5 at 1, McCoy Decl. at ¶¶ 2, 5). CSC employed maintenance, property, equipment, and business management workers to perform the Johnson Space Center contract. (Id. at 2; McCoy Decl. ¶ 7). A coalition of several trade unions represented these workers under a collective bargaining agreement. (Docket Entry No. 30-7, Ex. 3, at 29; Collective Bargaining Agreement at 1). The collective bargaining agreement recognized that CSC had the authority and right to "decide the number of employees required with due consideration to the proper craft classification" and to "[h]ire and lay off employees as [CSC] feels appropriate to meet work requirements and / or skillsrequired. [CSC could] hire employees by name who have special skills or have previous maintenance experience." (Id. at 31; CBA at 3, Art. II, Sec. 1 B.-C.). The collective bargaining agreement also stated that it was "understood that all employees w[ould] work together harmoniously as a group and as directed by [CSC]." (Id. at 32). The agreement recognized that the unions retained the power to appoint job-site representatives who would "be the last journeyman to be laid off in his craft provided that he is qualified to perform the required work." (Id. at 36; CBA at 8, Art. IX). Additionally, each "Local Union" was to "designate one (1) official as its representative." (Id. at 37; CBA at 9, Art. XI). The work day was 7 a.m. to 5 p.m., Monday through Friday, with a 30-minute lunch break. (Id. at 39; CBA Art. XIV.1; Docket Entry Nos. 30-1 at 6; 30-4 at 6, 30-5 at 1-2).

CSC hired Chris Provenzano in 1984. He worked for CSC at NASA for close to 29 years and during the relevant period was CSC's Maintenance Manager. (Docket Entry No. 30-3 at 2; 30-5 at 2, ¶ 8). Provenzano's oversight of the Maintenance Department, CSC's largest department, included supervising about 150 employees, including Turner; maintaining safety protocols; and ensuring that CSC met its government-contractor requirements. (Docket Entry No. 30-3 at 3, 8; No. 30-5 at 2, ¶ 8; No. 30-6 at 10-11). The Maintenance Department that Provenzano managed included 15 subdivisions or "shops." (Id. at 4). Turner was working at the Energy Management Control Systems ("EMCS") "Elect. 1 Shop" when he was laid off.

In March 2008, Thomas Munsch became a Maintenance Supervisor working under Provenzano. (Docket Entry No. 30-9 at 2). Munsch supervised about 50 employees in three Maintenance Department shops, including the EMCS Elect. 1 shop where Turner worked. (Docket Entry No. 30-6 at 12; 30-9 at 2). The Elect. 1 shop was a dual-purpose shop with both electricalworkers and pipe fitters. (Id. at 8, Tr. 13). Usually, an electrician and a pipe fitter would be sent together to complete a work order. (Docket Entry No. 30-4 at 14; Tr. 13). The Elect. 1 shop had seven workers, consisting of three electrical workers, three pipe fitters, and one foreman, Melvin Winkelman. (Id.; Docket Entry No. 30-4 at 11; Vise Depo. Tr. at 29). Of the seven employees, four were in a protected class. (Docket Entry No. 30-10 at 10, Winkelman Depo. Tr. at 27). Turner was the only Black employee. (Id.).

The foreman, Winkelman, was a pipe fitter who would occasionally work on orders that called for electrical work that presented particularly difficult problems. (Docket Entry No. 30-4 at 11-12; Vise Depo. Tr. 29-30). His primary responsibilities as foreman included distributing work orders and making sure that the orders were completed. (Id.). Winkelman would answer questions about "who did what work," but he was not responsible for evaluating employees. (Docket entry No. 30-10 at 8; Winkelman Depo. Tr. at 8). Winkelman lacked authority to discipline, hire, or fire. (Id. at 4; Winkelman Depo. Tr. at 10; Docket Entry Nos. 30-6 at 12-13; 30-4 at 11-14, 16-17; 30-10 at 2, 3, 4, 8). If Winkelman had trouble with a shop employee, he was to report it to a maintenance supervisor for appropriate action and not take action against the employee himself.

Curtis Wayne Vise was one of the pipe fitters employed in the EMCS shop. (Docket Entry No. 30-4 at 6). Vise was the steward for the local pipe fitter union. (Id.). In that capacity, he was appointed to talk to employees about their work habits and about work rules, and to ensure that the employees were following union rules and protocols. (Id.). As pipe fitter steward, Vise tried to solve employment problems before CSC or union management had to get involved. (Id. at 6). Vise would discuss problems with employers "quietly [to] try to steer them towards adhering to [union] rules." (Id.). Though he was the pipe fitter steward, Vise lacked authority to take specific actionon the site. "The only steward that [had] any authority [on] the site [was] the bull steward, Russell Nix." (Id.).

To summarize, CSC provided maintenance support for NASA's Johnson Space Center under a government contract. Matteson was the program manger for this contract, and McCoy was the Human Resources manager. Provenzano was the Maintenance Manager over 15 CSC departments, including the EMCS Department's Elect. 1 shop where Turner worked. Munsch was the Maintenance Supervisor who directly supervised the seven employees in the Elect. 1 shop. Turner's coworker, Vise, was the pipe fitter steward who reported to the union "bull" steward, Nix.

2. Turner

In 1977, Turner enrolled in a four-year program at the Local 211 Pipe Fitter Apprenticeship School. (Docket Entry No. 32-1, Turner Affidavit, at 1). In 1979, Turner began working for Johnson Control World, Inc. (Id.). In 1982, Turner graduated and received his Instrumentation Journeyman card. (Id.). In 1997, Turner left Johnson Control World to work for Honeywell, Inc. at its NASA location. (Id.). In 1999, Turner left Honeywell to work for Brown & Root, Inc., and, in 2005, worked in Afghanistan for a year. (Id.) When he returned in 2006, he applied to CSC. At that time, Provenzano did not have an opening. (Id. at 6, Tr. 10). When a position opened in the EMCS department, Provenzano contacted Turner and hired him without an interview because he was familiar with Turner's work. (Docket Entry No. 30-3 at 5, Provenzano Depo. Tr. at 9). Turner began working as a pipe fitter in CSC's Maintenance Elect. 1 shop on October 27, 2006. (Docket Entry No. 22 at 2). Turner spent most of his time doing instrumentation work, including "installations, troubleshooting, maintenance, calibrations, and repairs." (Docket Entry No. 32-1 at 2).

B. The Evidence of Turner's Workplace Issues

Of the seven workers in the EMCS Elect 1 shop, three were electricians: Don McIntosh, Chris Carlisle, and Charles Broussard, who left and was replaced by Tammy Hefner. (Docket Entry No. 30-6 at 14; Turner Depo. Tr. at 54). Turner believed that most of the work orders contained only pipe fitter work. He complained to management and to his bull steward, Nix, that there were too many electricians at CSC and that pipe fitters were doing electrical work and electricians were doing pipe fitter work. (Id. at 16, 22; Turner Depo. Tr. at 56, 66). When Michael Matteson, CSC's program manager, visited the Elect. 1 shop and asked whether the workers had anything to say, Turner "raised [his] hand and . . . told him [that:] 'I know this is going to be a bad taste in some people's mouth, but you're misallocating people around here to do an efficient job.'" (Id. at 24; Turner Depo. Tr. at 67). Turner also told Provenzano that the company "need[s] electricians but we don't need that many." (Id.). Turner recognized that when he "brought that up, a lot of people started cringing, because [he was] talking about people who [were] on the job . . . that [he believed] really don't need to be there." (Id.). Turner acknowledged that his statements in 2010 and 2011angered the electricians — who made up half his shop — and testified...