Bruton v. Diamond State Telephone Co.
Bruton v. Diamond State Telephone Co.
Opinion of the Court
OPINION
This is a civil rights action brought by plaintiff, W. Mae Bruton (“Bruton”), against defendant, The Diamond State Telephone Company (“Diamond State”), under Title YII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq. The Act prohibits an employer from discriminating in the hiring, payment, or treatment of employees on the basis of their religion.
The parties have completed discovery
1. FACTS
The material facts in this case are undisputed. Bruton was hired by Diamond State as an operator on May 19, 1969, and has held that position in Diamond State’s Wilmington, Delaware office since the date of her hire.
Since the Agreement constitutes the focal point of this litigation, it is set forth below in its entirety, along with the contemporaneous release executed by the parties to this action.
SETTLEMENT AGREEMENT
1. In exchange for the promises made by The Diamond State Telephone Company contained in paragraph (2) of this Agreement, W. Mae Bruton agrees not to institute a lawsuit under Title VII of the Civil Rights Act of 1964 based on Charge Number 031790408 filed with the Equal Employment Opportunity Commission, and the Equal Employment Opportunity Commission agrees not to process the charge further.
2. In exchange for the promise of W. Mae Bruton and the Equal Employment Opportunity Commission contained in paragraph (1) of this agreement, The Diamond State Telephone Company agrees:
a. To permit voluntary tour trades and if Charging Party is unsuccessful in attaining trades on her own, Respondent will lend all reasonable assistance in making a trade of hours or of days off.
b. Charging Party will be permitted to post notice on the bulletin board to obtain trades.
c. During Daylight Saving Time when Charging Party’s normal rotation would require Saturday work, Respondent agrees to schedule during that week four (4) full and two (2) part tours. One of the part tours will be scheduled on Saturday after sundown.
3. This agreement constitutes the complete understanding between the Respondent, Charging Party and the Equal Employment Opportunity Commission. No other promises or agreements shall be binding unless signed by these parties.
4. It is understood that this agreement does not constitute an admission by the Respondent of any violation of Title VII of the Civil Rights Act of 1964, as amended or any other applicable Federal, State or Local law or regulation propounded thereunder.
5. These parties agree that this agreement may be used as evidence in a subsequent proceeding in which any of the parties allege a breach of this agreement.
RELEASE .
In exchange for the promise(s) made by the Diamond State Telephone Company, contained in paragraph 2 of Exhibit A, attached hereto and made a part hereof,
W. Mae Bruton agrees not to institute any action, arising out of those facts related to the instant matter, in law or equity or file any further charge or charges under or pursuant to any federal, state or local law or regulation propounded thereunder which is or might be the subject of the relief referred to in Exhibit A.
It is specifically understood that the actions taken herein by the Diamond State Telephone Company do not constitute an admission of any violation of any applicable federal, state or local law or regulation propounded under.
The requirement that Diamond State’s employees work on Saturdays, and the procedures for scheduling all operators, are undisputed.
Under Diamond State’s scheduling procedures, employees specify their preferences for scheduled tours they wish to work on any day of the week, including weekends. This is done by employees listing their preferred tours for each day of the week; tours are then assigned on a seniority basis according to the employee’s stated preferences.
In her complaint, Bruton alleges that, for approximately two years following execution of the Agreement with Diamond State, she was scheduled for full .tours after sundown on Saturdays during Eastern Standard Time (“EST”).
Although Bruton was scheduled for full tours after sundown on Saturdays during EST for two years after she entered into the Agreement with Diamond State, she began to be scheduled for part tours on Saturdays during EST in 1982 when her manager was replaced.
After investigating Bruton’s coworker’s complaint, Bruton’s manager advised Bruton that she would only be assigned a full Saturday evening tour during EST after the preferences of more senior operators for that tour had been honored. None
Bruton has satisfied all administrative prerequisites to the filing of this action. She filed the charge of religious discrimination with the EEOC on April 16, 1984, complaining about being scheduled for part tours on Saturdays during EST.
II. SUMMARY JUDGMENT
The legal principles applicable to summary judgment motions are well settled. To prevail on a motion for summary judgment under Fed.R.Civ.P. 56(c), the moving party must demonstrate that there is no issue regarding any material fact in the case and that the moving party is entitled to judgment as a matter of law. Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); EEOC v. Westinghouse Electric Corp., 725 F.2d 211, 218 (3d Cir. 1983), cert. denied,—U.S.-, 105 S.Ct. 92, 83 L.Ed.2d 38 (1984). In deciding whether to grant summary judgment, the Court must draw all inferences from the evidentiary sources in the record in a light most favorable to the non-moving party. Adickes, 398 U.S. at 157, 90 S.Ct. at 1608; United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962); Goodman v. Mead Johnson & Co., 534 F.2d 566, 573 (3d Cir. 1976), cert. denied, 429 U.S. 1038, 97 S.Ct. 732, 50 L.Ed.2d 748 (1977); 6 Moore’s Federal Practice ¶ 56.15[3] (2d ed. 1985).
Although Diamond State bears the initial burden on its summary judgment motion, Bruton bears the burden of producing material evidence in support of her allegations and “may not rest upon the mere allegations or denials” of her pleading, but must establish specific facts showing the existence of a “genuine issue for trial.” Fed.R. Civ.P. 56(e). “[A] genuine issue means that the evidence must create a fair doubt, and wholly speculative assertions will not suffice.” Jersey Central Power & Light Co. v. Township of Lacey, 772 F.2d 1103, 1109 (3d Cir. 1985). Moreover, “[djenials in the form of legal conclusions, unsupported by documentation of specific facts, are insufficient to create issues of material fact that would preclude summary judgment.” Id.; SEC v. Bonastia, 614 F.2d 908, 914 (3d Cir. 1980).
The material facts
III. INTERPRETATION OF THE AGREEMENT
Since there are no disputed material facts, the Court turns to questions of law. In Alexander v. Gardner-Denver Co., 415 U.S. 36, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974), the Supreme Court established requirements for the validity of settlement agreements in Title VII lawsuits. In determining the validity of a settlement agreement, a court must find that an employee knowingly and voluntarily consented to the settlement agreement when the employee
In Tucker v. Harley Davidson Motor Co., 454 F.Supp. 738 (E.D.Wis. 1978), the court denied an employer’s motion for summary judgment in an employment discrimination action because the employee asserted that he “had no knowledge of what he was signing” when he signed the settlement agreement. The court concluded that the employee’s alleged lack of knowledge, as well as the employee’s assertion that the employer did not fulfill the terms of the agreement, created a dispute as to the material facts in the case. Id. at 742.
This case presents a factual situation markedly different from Tucker. Bruton does not aver that she had no knowledge of the terms of the Agreement she signed in 1980. Additionally, Bruton does not assert that Diamond State has failed to fulfill the written terms of the Agreement. Rather, Bruton essentially argues that Diamond State’s actions in accommodating her by scheduling her for full Saturday evening tours during EST for two years after execution of the Agreement obligates Diamond State to continue this scheduling accommodation indefinitely. Bruton advanees this argument despite the absence of supporting language in the Agreement.
Bruton attempts to transform a scheduling procedure favorable to her, which was implemented by Diamond State as an accommodation to her outside of the 1980 Agreement, into a permanent obligation that contravenes Diamond State’s well established seniority preference scheduling. This attempted transformation is contrary to the unambiguous, express terms of the Agreement and is therefore unsupported by contract law principles. Such an argument, when premised on undisputed facts which are contrary to the written Agreement, cannot defeat Diamond State’s motion for summary judgment. “It is horn-book law that interpretation of a writing is for the court.” Baltimore Bank for Coops. v. Farmers Cheese Coop., 612 F.2d 151, 153 (3d Cir. 1979). Moreover, “[w]here clear and unambiguous language is at issue, it is reversible error to leave such questions for the jury.” Id.
In her brief,
However, the record directly contradicts Bruton’s argument. Although her allegations are contractually based, Bruton admits that the Agreement does not obligate Diamond State to schedule her for a full Saturday tour beginning after sunset during EST.
Not only does Bruton admit that material facts are undisputed, but she also admits that Diamond State only has limited scheduling obligations during EST. Additionally, paragraph 2(c) recites that the Agreement encompasses the “complete understanding” between the parties.
This is not a complex Agreement; its terms cover less than one printed page and are easily understood by a lay person. Moreover, this is not an adhesion Agreement; there is no indication or argument by Bruton that bargaining did not take place at arm’s length. “Fundamental principles of contract law are squarely at issue here; choosing, interpreting and applying the appropriate principle cannot be avoided by resort to fact finding.” Brokers Title, 610 F.2d at 1177.
This Court cannot shirk its duty and permit this case to go to trial. The only issues presented to the Court for resolution are legal ones. The Agreement between Bruton and Diamond State simply cannot be read to obligate Diamond State to schedule Bruton for full Saturday evening tóurs during EST. Moreover, Diamond State’s practice of scheduling Bruton for full Saturday evening tours during EST after the Agreement was entered into cannot vary the terms of the Agreement. Diamond State should not be penalized for making extensive efforts to accommodate Bruton by insuring her two full days off while still accommodating her religious beliefs and practices. It was only after a more senior employee complained that Diamond State reverted to its well-established seniority preference tour assignment procedure.
Diamond State’s actions went beyond what it was obligated to do pursuant to the terms of the Agreement; therefore, Bruton cannot attempt to vary this Agreement at a later date because Diamond State previously scheduled Bruton in a way more favorable to her. Had Diamond State attempted to schedule Bruton on her Sabbath during EST, a different case would be presented to the Court. But when an employer goes beyond the terms of a settlement agreement to accommodate an employee, the employee cannot successfully seek to penalize the employer for undertaking action that was beneficial to the employee. The Agreement is unambiguous and Bruton’s allegations cannot thwart the written obligations set forth in the Agreement.
On the substantial record before the Court, there is no basis for substituting Bruton’s unfounded “interpretation” of the Agreement for the plain import of the written terms constituting the Agreement between Bruton and Diamond State.
Accordingly, summary judgment will be entered in favor of Diamond State.
. 42 U.S.C. § 2000e-2(a) provides in pertinent part: "It shall be unlawful employment practice for an employer—(1) ... to discriminate against any individual with respect to ... compensation, terms, conditions, or privileges of employment, because of such individual’s ... religion.
In 1972, Title VIÍ was amended to add a definition of religion which expounds on employers' duties with respect to employees’ religious beliefs. 42 U.S.C. § 2000e(j) (1982) states that ”[t]he term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to [sic] an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.
. Docket Item (“D.I.”) 24 at 1 and D.I. 25 at 1.
. D.I. 23.
. D.I. 15 at 9.
. D.I. 1 at ¶ 7.
. Id. at ¶ 8.
. D.I.’s 1 and 5 at ¶11.
. D.I. 5, Ex. A.
. D.I. 21 at 4.
. D.I. 17 at 14-15.
. The collective bargaining agreement between Diamond State and the United Telephone Workers of Delaware, Bruton’s union, defines a normal work week for full time operators as "consist[ing] of five full tours or four full and two half-tours which may be scheduled on any of the seven days of the calendar week.” D.I. 23, Ex. A, attachment 1 at 177.
Employees with twenty-five or more years of service with Diamond State can elect not to work weekends provided that no other employee is required to work more than twenty-six weekends in a calendar year. D.I. 21 at 4. Since Bruton has approximately sixteen years of service, she is not eligible for the twenty-five year seniority preference.
The collective bargaining agreement also provides for full day and evening tours, as well as part-day and evening tours, and contains rather labyrinthine provisions regarding tour duration and scheduling. D.I. 23, Ex. A, attachment 1 at 175-177.
. D.I. 22 at 3.
. D.I. 15 at 16-17.
. D.I. 18 at 18, 32.
. D.I. 1 at ¶ 14. During EST, a period roughly corresponding to the winter months, Bruton is able to work a full tour on Saturday evenings because the full tour begins after sundown. This occurs because the sun sets earlier during EST than it does during Daylight Savings Time.
. D.I. 1 at fl 14.
. D.I. 1 at ¶¶ 15-16.
. D.I. 17 at 16-18. Apparently, the Saturday full evening tour is a popular tour among Diamond State’s operators. D.I. 18 at 23. Further, this incident in 1982 appears to be the first occasion when one of Bruton’s coworkers complained about Bruton’s preferential tour scheduling. D.I. 18 at 10-11; D.I. 17 at 18.
. D.I. 17 at 17-20.
. D.I. 21 at 4.
. D.I. 12, Ex. C.
. D.I. 12, Ex. D.
. Trivial factual disputes cannot defeat a motion for summary judgment. "A summary judgment order is not defeated ... merely because an issue of fact exists; the factual issue in dispute must be material to the resolution of the dispute." Westinghouse Electric, 725 F.2d at 218.
. Federal law governs the interpretation of settlement agreements under Title VII because the rights of the litigants and the operative legal policies derive from a federal source. Lyles, 684 F.2d at 504; Fulgence, 662 F.2d at 1209.
. D.I. 25 at 3-4.
. D.I. 21 at 2. Plaintiff's Response to Defendant’s Request for Admission No. 7 states:
7. It is admitted that in the Settlement Agreement referred to in paragraph one (1) above, Defendant did not agree to schedule Plaintiff for a full tour beginning after sunset on Saturdays during Eastern Standard Time.
. D.I. 21 at 3. Plaintiff’s Response to Defendant’s Request For Admission No. 8 states:
8. It is admitted that in the Settlement Agreement referred to in paragraph one (1) above, with regard to scheduling Plaintiff for tours*945 during Eastern Standard Time, Defendant agreed only to permit voluntary tour trades, to aid Plaintiff in obtaining such trades if she is unsuccessful in doing so, and to permit Plaintiff to post notice on the bulletin board to obtain trades. (Emphasis added.)
. Paragraph 2(c) also requires any other promises or agreements to be in writing to bind the parties.
. See Fed.R.Civ.P. 56(e).
Reference
- Full Case Name
- W. Mae BRUTON v. The DIAMOND STATE TELEPHONE COMPANY, a corporation of the State of Delaware
- Status
- Published