Parks v. Giant of Md., LLC
Parks v. Giant of Md., LLC
Opinion of the Court
Tony D. Parks was formerly employed at various grocery stores owned by Giant of Maryland, LLC. On April 3, 2017, he brought a pro se suit against Giant in D.C. Superior Court, alleging that after being promoted he "was not given the proper raise," and after he filed a "retaliation suit" he was "threaten[ed] by a manager[,] transferred and written up then terminated" Notice of Removal, Ex. A at 7 (hereinafter Complaint). Giant removed to this Court and then moved to dismiss, arguing that Mr. Parks' claims were completely preempted by federal labor laws. Mem. In Support of Mot. Dismiss 5-9 (Mot. Dismiss). For the reasons that follow, I conclude that Mr. Parks' pay claims survive the motion to dismiss, but that his other claims must be dismissed.
I. Background
Mr. Parks' hand-written complaint consists of only a single paragraph, alleging that his problems began when he was working as "a shop steward ... for Giant" and he observed a manager "stealing hours." Compl. 7. When Mr. Parks informed human resources, the manager tried to fire him, but "the NLB (national labor board) [sic] stepped in and they transferred [him]. [He] was commended and promoted for [his] good work but was not given the proper raise." Id. Mr. Parks "complained to H.R." but "they denied [his] promotional raise." Id. Mr. Parks then "complain[ed] and filed [a] retaliation suit," after which he "was threatened by a manager[,] transferred and written up[,] then terminated." Id.
In response to Giant's motion to dismiss, Mr. Parks submitted a filing that summarized his original allegations in more detail and added other factual claims, including that Giant "started putting [his] life in danger and not letting [him] practice [his] religion." Response to Mot. Dismiss 1-2 (hereinafter Opp.). He also discussed the union's involvement, saying that the "case manager" filing his "multiple NLB [sic] charges" "had a heavy work load and couldn't get to it at first [and] also we had to keep adjusting it" and that he "went to the Union on all occasions] and unfortunately they were unable to help me[.] [T]his is the reason why I had to seek outside help[.]" Opp. 3. In a further filing, Mr. Parks again summarized all of his prior allegations and claimed that "[a]s for the Union they are in bed with the company and have always been no help[ ] [I]t's the reason I have to depend on outside help." Am. Response 3.
*8II. Legal Standards
"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal ,
III. Analysis
A. The Claims At Issue
At the outset, I must consider which allegations are to be considered: those in the initial complaint alone, or those claims as supplemented by the Plaintiff's subsequent filings. I conclude that the latter course is clearly appropriate here, in light of Mr. Parks' pro se status and the applicable case law.
Ordinarily, "[i]n determining whether a complaint fails to state a claim, we may consider only the facts alleged in the complaint, any documents either attached to or incorporated in the complaint and matters of which we may take judicial notice." E.E.O.C. v. St. Francis Xavier Parochial Sch. ,
*9B. Plaintiff's Pay Claims Survive
The first claims at issue are Mr. Park's claims that he was "denied [his] promotional raise," Compl. 7, a loss that originally caused him to lose "seventy five (75¢) a[n] hour" and "[n]ow" causes him to "lose a dollar ... a[n] hour." Opp. 2. Giant contends that this type of claim "necessarily relies on an interpretation of the wage provisions in the collective bargaining agreement [CBA] between Giant and the United Food & Commercial Workers, Local 400 that governed the terms of Plaintiff's employment." Mot. Dismiss 1. If the terms of Mr. Parks' employment are indeed determined by this CBA, then "that claim must either be treated as a [Labor Management Relations Act] § 301 claim or dismissed as pre-empted by federal labor-contract law." Allis-Chalmers Corp. v. Lueck ,
Nevertheless, federal district courts do have jurisdiction to consider a direct suit if a union employee raises dual allegations: that (1) that the employer has breached the CBA and (2) that the employee's union has breached its duty of fair representation. DelCostello v. Int'l Bhd. of Teamsters ,
C. Plaintiff's Retaliation Claims Are Preempted
However, Mr. Parks' assertions that Giant retaliated against him because he filed a complaint (or complaints) with the National Labor Relations Board will be dismissed, because they are subject to the exclusive jurisdiction of that body. See Mot. Dismiss 11-13. Mr. Parks alleges that after he "complain[ed] and filed [a] retaliation suit" regarding inadequate wages, he "was threatened by a manager[,] transferred and written up[,] then terminated."
*10Compl. 1; see also Opp. 1-2; Am. Response 2-3. The Supreme Court has held that "[w]hen an activity is arguably subject to Section 7 or Section 8 of the [National Labor Relations] Act, the States as well as the federal courts must defer to the exclusive competence of the National Labor Relations Board." San Diego Bldg. Trades Council v. Garmon ,
Section 7 of the National Labor Relations Act (NLRA) preserves employees' rights "to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in the other concerted activities for the purpose of collective bargaining or other mutual aid or protection."
I. therefore find that Mr. Parks' retaliation claims are subject to the exclusive jurisdiction of the NLRB under Garmon preemption, and I will thus "defer to the exclusive competence of the National Labor Relations Board" on these questions. Garmon ,
D. Plaintiff's Religious Discrimination Claim Fails to State a Claim
As for Mr. Parks' fleeting allegations of religious discrimination, he has failed to plead sufficient facts from which I could infer liability, to the extent he intends to raise this as a claim at all. Mr. Parks only mentions this allegation in passing, saying that Giant "started ... not letting [him] practice [his] religion in which [sic] [he] filed an EEOC claim," Opp. 2, and that he "was ... denied the opportunity to attend church." Am. Response 2. Although a pro se complaint is "held to less stringent standards," the plaintiff still "must plead 'factual matter' that permits the court to infer 'more than the mere *11possibility of misconduct.' " Atherton v. D.C. Office of Mayor ,
IV. Conclusion
For these reasons, the Defendant's Motion to Dismiss will be denied as to Mr. Parks' claims regarding his pay, but granted as to Mr. Parks' claims of retaliation and religious discrimination. A separate order will issue.
Although Mr. Parks stretches the issue by filing not only an opposition, but also an "Amended Response" that I deem a sur-reply, "[t]he decision to grant or deny leave to file a sur-reply is committed to the sound discretion of the Court." Lu v. Lezell ,
Indeed, another judge in this district recently reached the same conclusion in a similar case that also featured Giant as a defendant. See Jackson v. Teamsters Local Union 922 ,
Mr. Parks' filings contain other cursory allegations of physical danger, (e.g., "They started putting my life in danger ... I had to go to the doctor due to being asked to stand in front of a bail," Opp. 2), and of other wrongs such as not being allowed to attend his foster son's funeral.
Reference
- Full Case Name
- Tony D. PARKS v. GIANT OF MARYLAND, LLC
- Cited By
- 6 cases
- Status
- Published