Young–smith v. Care

• Decision Date: 03 March 2011
• Docket Number: Cause No. 3:07 CV 629.
• Citation: 111 Fair Empl.Prac.Cas. (BNA) 1221,788 F.Supp.2d 792
• Parties: Yolanda YOUNG–SMITH, Plaintiff,v.BAYER HEALTH CARE, LLC and Theresa Englebrecht in her personality and official capacity, and United Steelworkers of America, AFL–CIO, CLC on behalf of Local Union 12273, Defendants.
• Court: U.S. District Court — Northern District of Indiana

788 F.Supp.2d 792

111 Fair Empl.Prac.Cas. (BNA) 1221

Yolanda YOUNG–SMITH, Plaintiff,

v.BAYER HEALTH CARE, LLC and Theresa Englebrecht in her personality and official capacity, and United Steelworkers of America, AFL–CIO, CLC on behalf of Local Union 12273, Defendants.

Cause No. 3:07 CV 629.

United States District Court, N.D. Indiana, South Bend Division.

March 3, 2011.

Ivan E. Bodensteiner, Valparaiso, IN, for Plaintiff.Stephen A. Yokich, Cornfield and Feldman, Chicago, IL, for Defendants.

OPINION AND ORDER

WILLIAM C. LEE, District Judge.

Presently before the Court is Defendant United Steelworkers Local 12273's (“the Local's”) Motion for Summary Judgment [DE 67] and its Supplemental Motion for Summary Judgment [DE 84]. Also before the Court is the Local's Motion to Strike [DE 86]. Briefing on all of these motions was completed on September 14, 2010. For the reasons that follow, the Motion for Summary Judgment will be GRANTED in part and DENIED in part. The Supplemental Motion for Summary Judgment is DENIED. The Motion to Strike will be DENIED in all respects as MOOT.

Factual Background

Yolanda Young–Smith (“Young–Smith”), a black female, was an hourly employee at Bayer Health Care, LLC (“Bayer”) and its predecessors at facilities in Indiana from 1982 until she was terminated from the Mishawaka plant on August 8, 2006. At the time she was terminated, Young–Smith was a member of United Steelworkers Local 12273 (“the Local Union”) and covered by the collective bargaining agreement between the Union and Bayer.

CBA Provisions

The Local Union represents the approximately 158 Bayer employees. The bargaining unit is composed of all non-supervisory production and maintenance employees. The governing board, consisting of the President, Vice President, Recording Secretary, Financial Secretary, Treasurer, Guide Guard, and Trustee, is responsible for the administration of the Local Union. At the time of Young–Smith's termination, Frank Troyer (“Troyer”) was the president of the Local Union. In addition to the officers listed above, the Local Union has a Bargaining and Grievance Committee that assists the International Union with negotiations for a collective bargaining agreement with Bayer and handles grievances filed by union members during the first three steps of the grievance procedure.

The United Steelworkers, AFL–CIO, CLC (the “International Union”) is the certified bargaining representative and contracting party at Bayer. Pursuant to the International Union's Constitution, no local union has the authority to bind the International Union without the International Union's express authority and money obtained from dues pursuant to the CBA are sent to the International Union. The International Union is responsible for the arbitration of all grievances from the Bayer Healthcare plant in Mishawaka, Indiana.

The Collective Bargaining Agreement (“CBA”) contains a “Discipline and Discharge” clause that states: “The Company retains the sole right to discipline and discharge employees for just cause, provided that in the exercise of this right it will not act wrongfully or unjustly or in violation of the terms of this Agreement.” CBA § 3, Article IV. The CBA further provides that “Complaints that the Company has violated this paragraph may be taken up through the Grievance Procedure provided in this Agreement.” Id. As part of the Grievance Procedure, the CBA provides for an “expedited arbitration procedure.” CBA § 2, Article VII.¹

The CBA contains an EEO Policy Statement acknowledging that the Local Union recognizes its responsibilities under federal and state anti-discrimination laws. In addition, the CBA has an anti-discrimination provision stating that “the Company and the Union agree that the provisions of this Agreement shall apply to all employees covered by this agreement without discrimination and in carrying out their respective obligations under this Agreement neither will discriminate against any employee on account of race, color, age, national origin, sex, disability, or creed ...” CBA § 1, Article XI. The CBA further establishes a Joint Committee on Civil Rights that is charged with the review of matters involving the civil rights of employees covered by the CBA and advising both the Company and the Union.

The Grievance Process

Article IV of the CBA between the Union and Bayer contains a four step grievance procedure. (Troyer Declaration, ¶ 7). In the first step, the employee is entitled to meet with his/her supervisor to discuss a grievance. ( Id.) The employee is entitled to have a union steward at the meeting. ( Id.) If the grievance is not resolved and the employee wishes to proceed, the grievance is then reduced to writing and is filed at step two of the procedure. ( Id.)

As a general matter, usually both the employee and union steward sign the grievance and both participate in the writing of the grievance. (Troyer Declaration ¶ 8, 9). As part of the grievance filing the Local Union attempts to cite to a specific provision of the contract as well as state “and all other applicable provisions.” ( Id. at ¶ 8). The citation to a specific section of the contract is necessary to allow the company and the Union to define the issue and because it improves the chances of sustaining the grievance. ( Id.) The “other applicable provisions” language allows the Union an opportunity to add to or amend a grievance if it has an additional argument later in the procedure. ( Id.).

After the grievance is reduced to writing, the company has 5 days to give the Union a written answer under Article VI, Section 7(c) of the contract. If the Union is not satisfied with the answer, it may process the grievance to step 3 of the grievance procedure. (Troyer Declaration, ¶ 10).

Throughout the year, the Union and the Company have specified dates for hearing third step grievances. The International Representative assigned to service the Local by the International Union participates in these third step meetings. (Troyer Declaration, ¶ 11). If the grievance is not resolved in step three, the Union may advance the case to final and binding arbitration under the contract. (Troyer Declaration ¶ 13).

The International Representative and the Bargaining and Grievance Committee work together to decide which cases should be advanced to arbitration. ( Id.). The decision to take a case to arbitration involves consideration of numerous factors including the cost of arbitrating, the chance of success, the adverse consequences of a negative decision and the importance of the matter to the grievant. ( Id.). The Union maintains a policy of always arbitrating discharge cases unless the employee opts out from pursuing the matter or unless a settlement was reached. ( Id.).

Once the decision is made to take the case to arbitration, the International Representative has primary responsibility for the case and acts as an advocate for the grievant, putting on evidence to support the Union's case and arguing and briefing the Union's position. (Troyer Declaration ¶ 14). In discipline cases, the Union has the option of demanding expedited arbitration under the contract provisions. (Troyer Declaration ¶ 15). According to the Union, in discharge cases, it always demands expedited arbitration. ( Id.).

Young–Smith's Termination and Grievance

On August 8, 2006, Young–Smith was terminated from Bayer for insubordination. ² More specifically, Bayer contends that Young–Smith allegedly violated Work Rule No. 54 which prohibits “Unlawful or improper conduct off the plant premises or during non-working hours which adversely affects the employee's relationship to the job, fellow employees, a supervisor, or discredits the Company's products, reputation or goodwill in the community.” At the time of her termination, Young–Smith's immediate supervisor was Theresa Englebrecht (“Englebrecht”).

Young–Smith's problems at Bayer began, at least according to Bayer's version of events, because Young–Smith had personal issues with co-workers Rebecca Holt (“Holt”) and Jimmy Robinson (“Robinson”). Young–Smith discovered that Holt, who is married, was engaged in a sexual affair with Robinson. Young–Smith then contacted Holt's husband by telephone from the workplace to inform him of the affair.

Young–Smith's version of these events is a bit different. She asserts that after she learned of the affair, Holt became increasingly hostile to her and another co-worker accusing both of desiring a relationship with Robinson. (Young Smith Aff. ¶ 4). Young–Smith contends that she was fearful of Holt who threatened her on at least one occasion and continued to accuse her of wanting her own relationship with Robinson. Given this behavior by Holt, which apparently occurred inside the workplace, Young–Smith contacted Holt's husband outside the workplace. She did so with the hope that the affair would stop and Holt would cease her threatening behavior and comments toward Young–Smith, all of which she believed had occurred because of the affair. ( Id.).

After these events came to light, on June 28, 2006, Englebrecht requested Young–Smith attend a meeting with the Human Resource Manager and Holt and Robinson. According to Young–Smith, she was advised not to attend the meeting by her union steward, Coen Lytle (“Lytle”), because of threats she had previously received from Holt. As a result of not attending the meeting, Young–Smith received a disciplinary note and was suspended for the balance of her shift. Young–Smith, in turn, filed a grievance with the Local Union. The Local Union did not pursue the grievance beyond the first three steps and withdrew it on November 27, 2007 after accepting Bayer's third step answer. (Pltf's Exh. E, Docket # 71–3, p. 6).

At some point after Young–Smith's brief suspension, Bayer specifically instructed Young–Smith to cease contacting Holt's husband because her contact was causing disruption and conflict in the workplace. According to Bayer, Young–Smith persisted...