Williams v. Southern Union Gas Co.
| Decision Date | 21 January 1976 |
| Docket Number | Nos. 75--1104 and 75--1105,s. 75--1104 and 75--1105 |
| Citation | 529 F.2d 483 |
| Parties | 12 Fair Empl.Prac.Cas. 5, 11 Empl. Prac. Dec. P 10,621 Larry J. WILLIAMS, Plaintiff-Appellant, Cross-Appellee, v. SOUTHERN UNION GAS COMPANY, Defendant-Appellee, Cross-Appellant, United States Equal Employment Opportunity Commission, Amicus Curiae, Newspaper Agency Corporation, Amicus Curiae in the Cross Appeal. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Robert J. Laughlin, Estancia, N.M. (Ralph K. Helge, Pasadena, Cal., on the brief), for plaintiff-appellant and cross-appellee.
Owen M. Lopez, Santa Fe, N.M. (Jeffrey R. Brannen, Montgomery, Federici, Andrews, Hannahs & Buell, Santa Fe, N.M., on the brief), for defendant-appellee and cross-appellant.
Charles L. Reischel, Asst. Gen. Counsel, Washington, D.C. (Julia P. Cooper, Acting Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, Washington, D.C., on the brief), for Equal Employment Opportunity Commission, amicus curiae.
James S. Lowrie and Edward J. McDonough, Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, on the brief for Newspaper Agency Corp., amicus curiae.
Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.
This is a Civil Rights case based on a claim of unlawful job discharge. From July 1962 until October 3, 1970, Larry Williams was employed by the Southern Union Gas Company, initially as a dehydrator repairman's helper and later as a production repairman. On October 3, 1970, a Saturday, Williams was fired by Southern Union when he refused to report for work. Williams was at that time a member of the Worldwide Church of God. One of the tenets of this church is that its members should not work on the Sabbath, and Sabbath for this church is from sundown Friday to sundown Saturday.
The reason given by Williams for not reporting for work on Saturday, October 3, 1970, was that his religion forbade working on the Sabbath.
On March 26, 1971, Williams filed a complaint with the Equal Employment Opportunity Commission alleging that Southern Union in firing him had discriminated against him because of his religion and in so doing had engaged in unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964. On May 30, 1973, the Commission sent a letter to Williams advising him that compliance efforts had been unsuccessful and that he could bring a private action if he so desired. More specifically, this letter of May 30, 1973, advised Williams that if he decided to sue he should request a 'Right-to-Sue' letter from the Commission and that he would have 90 days from the time the 'Right-to-Sue' letter was received within which to bring an action against Southern Union. Williams did request such a letter, and on December 6, 1973, the 'Right-to-Sue' letter was issued. Williams instituted the present action under 42 U.S.C. § 2000e, as amended, on March 6, 1974. On trial the trial court found for Southern Union and entered judgment dismissing the action 'on the merits.' Williams now appeals.
By separate appeal Southern Union seeks review of the trial court's ruling that it had subject matter jurisdiction. In this regard it is Southern Union's position that the suit was not timely brought. The background facts must be developed in some detail.
When Williams went to work for Southern Union in 1962 he was informed that it was a company policy that all employees should be available for work seven days a week, 24 hours per day. Southern Union felt this was necessary inasmuch as it was a public utility and as such was obligated to provide continuous and uninterrupted natural gas service to the general public. It was also Southern Union's policy, however, to schedule its employees for only five days of work each week, eight hours per day. Williams in 1962 did not belong to any church and hence was under no prohibition, religious or otherwise, from working any day in the week.
During the fall of 1969 Williams became a member of the Worldwide Church of God. He informed his supervisor of his conversion and advised him that he would no longer be able to work between Friday at sundown and Saturday at sundown. The supervisor, one Al Dean, explained that it would be difficult to promise that Williams would never be called on to work on a Saturday, but that he would do what he could. Coincidentally, or otherwise, at the time of his conversion Williams' regular work week was from Sunday through Thursday, with both Friday and Saturday off. It would appear that for obvious reasons most all employees desired to have Saturday off. At his supervisor's suggestion Williams checked back with his minister and was informed that he could work on Saturdays if there were an emergency, but that since this was a matter between Williams and his God, he (Williams), and not his employer, would have to make the decision as to whether a true emergency existed.
From the date of his conversion in the fall of 1969 until October 3, 1970, Williams was never asked to work on Saturday. During the fall of 1970 Williams was assigned to work on the Dogie Canyon project in northwest New Mexico, a rather isolated location. This was a new pipeline about 25 miles long that was to expand the capacity of the pipeline system which took natural gas from the production area of the San Juan Basin and supplied the Las Alamos-Santa Fe area with natural gas. This project was running somewhat behind schedule and Southern Union, at least, was of the view that the pipeline had to be completed, purged of air, and brought up to pressure by Saturday, October 3, 1970.
On Wednesday, September 30, 1970, Williams went to Dean, his supervisor, and told him that Thursday, October 1, 1970, was a special religious holiday in his church and that he would have to So, Williams took Thursday off. Unfortunately for Williams, the job was not completed on Friday and Friday evening Williams called Dean at the latter's home and told Dean that he would not report for work on Saturday morning, as he had been directed. Dean's response was that if Williams didn't show up he would be fired. Dean himself was scheduled to go on vacation starting Saturday, October 3, 1970. When Williams didn't show up for work on Saturday, October 3, 1970, Dean delayed the start of his vacation and completed the work himself. It was in this factual setting that Dean fired Williams.
have the day off. Dean agreed that Williams could take Thursday off, but explained that the pipeline would have to be pressured up by Saturday, and that if the work were not completed by Friday night Williams would have to work Saturday. Williams testified that he made no protest at this time about the possibility of Saturday work, as he thought the project might very possibly be completed by Friday, and any confrontation would thereby be avoided.
We shall first consider whether the trial court had subject matter jurisdiction. In this general connection Southern Union contends that the present action is barred by two statutes of limitation contained in the Civil Rights Act.
The statute relied on by Southern Union in its jurisdictional argument is 42 U.S.C. § 2000e--5(f)(1) and reads in pertinent part as follows:
If within one hundred and eighty days from the filing of such a charge . . . the Commission has not filed a civil action under this section . . . or the Commission has not entered into a conciliation agreement to which the person aggrieved is a party, the Commission . . . shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge (A) by the person claiming to be aggrieved . . ..
It is Southern Union's position that the statute set forth above should be read to limit the jurisdiction of a United States District Court to private actions brought within 270 days (180 plus 90) from the date the complaint is filed with the Commission. The instant case was not filed with the United States District Court for the District of New Mexico until March 6, 1974, some 1,057 days after Williams made his complaint to the Commission on March 26, 1971. Hence, argues Southern Union, the trial court should have dismissed the action because of a lack of subject matter jurisdiction inasmuch as the action was not instituted within 270 days after Williams first made his complaint to the Commission.
Alternatively, Southern Union contends that the present proceeding is barred by the failure of Williams to institute the present proceeding within 90 days after receipt of the letter from the Commission that conciliation efforts had failed and that Williams had the right to bring a private action on his own behalf. In this regard Southern Union argues that this 90-day period began to run on May 30, 1973, when the Commission first wrote Williams of the unsuccessful effort to conciliate and his right to sue. As mentioned above, this letter of May 30, 1973, advised Williams that if he decided to sue, he should first request a 'Right-to-Sue' letter, and that he would then have 90 days after the receipt by him of the 'Right-to-Sue' letter within which to file his action. This second letter from the Commission, i.e., the 'Right-to-Sue' letter, was not issued until December 6, 1973, and Williams did institute his suit within 90 days thereafter. Southern Union challenges the propriety of this 'two-letter' 1 procedure and, as indicated, contends that in the instant case, the 90-day period commenced at the time Williams received the May 30 letter and that Williams did not institute the present proceedings within 90 days from May 30, 1973. Hence, says Southern Union, the trial court lacked subject matter jurisdiction Our study of the matter convinces us that the trial court had subject matter jurisdiction and that Williams' suit was not barred by any statute of limitation. The...
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