U.S. E.E.O.C. v. Bridgestone/Firestone, Inc., 98-CV-2036.

• Decision Date: 17 May 2000
• Docket Number: No. 98-CV-2036.,98-CV-2036.
• Citation: 95 F.Supp.2d 913
• Parties: UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. BRIDGESTONE/FIRESTONE, INC., Defendant.
• Court: U.S. District Court — Central District of Illinois

95 F.Supp.2d 913

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. BRIDGESTONE/FIRESTONE, INC., Defendant.

No. 98-CV-2036.

United States District Court, C.D. Illinois, Danville/Urbana Division.

May 17, 2000.

COPYRIGHT MATERIAL OMITTED

Jean P. Kamp, John C. Hendrickson, June Wallace Carson, Equal Employment Opportunity Commission, Chicago, IL, for Plaintiff.

Frances E. Prell, Burke, Weaver & Prell, Robert W. Vyverberg, Holland & Knight, L.L.P., Chicago, IL, for Defendant.

ORDER

McCUSKEY, District Judge.

On February 12, 1998, the United States Equal Employment Opportunity Commission ("EEOC") filed a complaint against Defendant Bridgestone/Firestone, Inc. ("Firestone"). The complaint alleges that Firestone discriminated against employees Jimmy Waddell and David Frazier on the basis of their religion in violation of Title VII. 42 U.S.C. § 2000e et seq. Both parties have moved for summary judgment. For the following reasons, the EEOC's Partial Motion for Summary Judgment (# 18) is DENIED, and Firestone's Motion for Summary Judgment (# 14) is GRANTED.

BACKGROUND

The following facts are drawn from the parties' statements of undisputed facts and responses thereto, as well as the exhibits submitted in support of the motions. Firestone operates a tire-manufacturing plant in Decatur, Illinois. The plant produces about 25,000 tires a day. In doing so, it uses rubber compounds. Once processed, rubber cannot be stored indefinitely. Rather, it must be used within hours, and therefore it is essential to Firestone to have the right complement of employees in all departments and properly functioning machinery at all times. As a result, an imbalance in the workforce or problems with equipment can seriously undermine Firestone's production. Moreover, Firestone has hundreds of multi-million dollar machines in the plant that require significant maintenance and lubrication on a daily basis. Otherwise, the plant cannot meet its daily production goals.

Firestone's workers are represented by a union. On July 12, 1994, the workers went on strike, which lasted until May 1995. During the strike, Firestone hired a number of replacement workers. As a result, not all of the previous production positions were available once the strike ended. Firestone created a preferential hiring list, and workers were called back as positions became available. As the previously striking workers returned to the plant, they attended an orientation session to advise them of the status of operations and certain new work rules and policies. Following the strike, the Terms & Conditions of Employment ("Terms & Conditions") governed the employment of hourly production workers. A Collective Bargaining Agreement ("CBA") went into effect in December 1996, and superseded the Terms & Conditions.

Before the strike, hourly production employees worked Mondays through Fridays in eight-hour shifts. Occasionally, they were required to work on a Saturday, but working a Sunday was always optional and earned overtime wages. Immediately after the strike, however, Firestone began operating on a continuous, rotating schedule. As a result, hourly employees worked twelve-hour shifts and were required to work every other weekend.

Firestone has a progressive, no-fault attendance policy, which it implemented with the Terms & Conditions and later incorporated into the CBA. Under Firestone's attendance policy, employees accumulate incidents for absences. Under the policy, three incidents in a six-month period results in a counseling session. Each additional incident within a year advances the employee one step further in the attendance program. Progressive discipline is imposed for each step, from a written warning, to a written reprimand, to a final written warning. After the seventh incident, Firestone's Human Resources Department conducts a review of the employee's entire attendance record and considers termination.

Waddell began working for Firestone as a tire builder in 1968. For many years, he was also a member and associate pastor of a local Baptist church. In October 1980, he became an ordained minister. From November 1996 until January 1998, he served as part-time pastor to a different congregation. In January 1998, he began to pastor full-time, a position in which intends to remain. For that work, he receives $600 a week, a housing allowance, and life insurance benefits.

As a Baptist, Waddell believes he must abstain from all physical labor on Sundays. Before the strike, Waddell worked a 3:00 p.m. to 11:00 p.m. shift Monday through Friday, and therefore never worked Sundays. However, once Firestone converted to a continuous operating schedule, it no longer had Monday through Friday tire-building shifts. Accordingly, when Waddell returned to work following the strike, he learned that Firestone would require him to work every other Sunday.

In June 1995, Waddell met with Firestone's Labor Relations Manager, Doug Floyd, to inquire about a religious accommodation so that he would not have to work on Sundays. Floyd told Waddell that he would look into a possible accommodation. In addition, on July 10, 1995, Waddell submitted a letter to his supervisor concerning his unwillingness to work Sundays. The supervisor passed the letter on to his Department Manager. The letter suggested that Firestone either allow Waddell to work one of his days off whenever he was scheduled for a Sunday, or allow him to transfer to another department to avoid working Sundays.

According to Firestone, there were no other tire-building jobs that would allow Waddell to avoid working Sundays. Firestone offered him the option of trading shifts with another employee, taking a leave of absence, or waiting to transfer to a different job once one became available. Waddell, however, did not want others to work for him because he believed that no one should perform physical labor on Sundays. Waddell believed that Firestone could simply make do with one less worker on Sundays, and then have an extra hand on those days he worked to make up for the missed shift.

Waddell ultimately missed his Sunday shifts and was disciplined under Firestone's attendance program. Waddell filed a grievance with the union, but Firestone continued its discipline. Eventually, Waddell faced termination. On September 28 1995, to avoid termination, Waddell requested and received a leave of absence without pay. Firestone granted him three extensions on this leave of absence. During his leave, Waddell worked as an interim pastor at his church and may have worked at a local newspaper.

In February 1996, Firestone contacted Waddell about a position available at the warehouse. This position required him to work only Mondays through Fridays, from 7:00 a.m. until 3:00 p.m., but paid him considerably less that what he previously earned as a tire builder. Waddell accepted this position because he believed he had "no choice."

In July 1998, Waddell applied for a leave of absence to pursue "ministerial duties." Firestone granted this request. After ninety days, however, Firestone informed Waddell that it could not extend the leave. After using some vacation time he had accumulated, Waddell voluntarily retired from Firestone on November 30, 1998. He testified that he decided to retire because he "became pastor full-time and [he] could no longer work the eight hours at the plant and pastor." He retired with full benefits and collects a pension. He is not interested in returning to work at Firestone.

Frazier started working for Firestone in 1971. Before the strike, Frazier worked the 11:00 p.m. to 7:00 a.m. shift Mondays through Fridays as a tire builder. Frazier is a member of the Catholic church, and believes he should abstain from labor on Sundays.

Frazier returned to Firestone on March 13, 1996 following the strike. As a result of the plant's new production schedule, he was required to work every other Sunday. When he learned of this new requirement, he informed Firestone that his religious beliefs precluded him from working Sundays. Firestone informed Frazier that he could not work as a tire builder without working Sundays, and offered him a position in the warehouse. Although the warehouse position did not require him to work Sundays, it paid much less than the tire builder position. Frazier reluctantly accepted this position.

Firestone's annual shift realignment occurs around Labor Day of each year. In August 1997, Frazier learned that there would be a realignment of the crew in his department. As a result of this realignment, Frazier no longer had sufficient seniority to continue working a Monday to Friday shift in the warehouse. At that time, there were no other jobs in the plant that he was qualified to perform and for which he had enough seniority to allow him to avoid working Sundays. Once the realignment was announced, Frazier's supervisors called him at home to discuss possible options to accommodate his religious beliefs. They intentionally put Frazier on the shift that would allow him the following Sunday off, so that they would have more time to figure out a solution.

On September 7, 1997, Frazier met with Firestone Human Resources and Labor Relations personnel. They discussed various options, such as shift-swapping, a transfer to the night shift, and the possibility of a transfer to the maintenance department. Frazier declined the night shift option because it would still require him to work Sundays, and therefore did not resolve the conflict. He also refused to swap shifts because he did not believe he could ask another to work his Sunday shifts.

On September 12, 1997, Frazier suggested to his supervisor that Firestone allow him to work Mondays following his otherwise scheduled Sundays. The supervisor discussed this suggestion with Firestone's Labor Relations Manager, Lou Sliepka, who responded to Frazier on September 26, 1997. Sliepka informed Frazier that Firestone would allow him to trade...