Giles v. National Railroad Passenger Corp., Civil Action 3:19-CV-191-DCK

DUNCAN E. GILES, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION, and AMTRAK, Defendant.

Civil Action No. 3:19-CV-191-DCK

United States District Court, W.D. North Carolina, Charlotte Division

July 14, 2021

ORDER

David C. Keesler, United States Magistrate Judge.

THIS MATTER IS BEFORE THE COURT on “Defendant's Motion For Summary Judgment” (Document No. 29). The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and this motion is now ripe for disposition. Having carefully considered the motion the record, and applicable authority, the undersigned will grant the motion.

I. BACKGROUND

Plaintiff Duncan E. Giles (“Plaintiff” or “Giles”) initiated this action against National Railroad Passenger Corporation and Amtrak with the filing of a “Complaint” on April 18, 2019. (Document No 1). Plaintiff alleges in his Complaint that “he was suspended and subsequently terminated based upon his race” in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (“§ 1981”). Id. at p. 1. Furthermore, he contends that “he was retaliated against for opposing practices prohibited by § 1981.” Id. Section 1981 states in relevant part: “All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens…” 42 U.S.C. § 1981(a).

Plaintiff's claims for race discrimination under § 1981 arise out of his former employment as a train conductor with Amtrak. Id. at p. 2. Plaintiff first began his employment with Amtrak in 1999 as a train attendant, later transitioning to the role of train conductor in 2009. Id.; (Document No. 34, p. 1). The facts in this case stem from an incident on April 19, 2015, ^[1] in which Plaintiff allegedly refused an order from Trainmaster Amy Sine to “uncouple” or “cut” a train car from the rest of the train. (Document No. 1, p. 2); see also (Document No. 29-1, p. 1). According to Plaintiff's Complaint, Giles boarded the train in Raleigh, North Carolina. (Document No. 1, p. 2). Prior to getting on the train, Plaintiff spoke with his supervisor, Trainmaster Michael Hibbert, who indicated that a different trainmaster, Amy Sine, would be the supervising trainmaster in Raleigh. Id. Plaintiff contends that he did not know Sine “and did not even know what she looked like.” Id. She allegedly “would have a crew with her who would take a private car off of the train in Raleigh.” Id. Plaintiff's understanding from this conversation with Hibbert, he alleges, was that “he was not responsible for removing the private car from the train.” Id. His response brief to Defendant's memorandum indicates that when “Sine ordered Plaintiff and his crew to set out one of the cars, he initially refused.” (Document No. 34, p. 2). However, once he later “learned who Sine was, ” he contends that he then “complied with her orders regarding the car that needed to be set out that day.” Id. In Plaintiff's view, his refusal of Sine's order was motivated by his need to carry out “what his direct supervisor [Hibbert] told him to do-make sure the train left safely.” Id. at p. 9.

Defendant's memorandum in support of its motion for summary judgment indicates that Giles was a member of the SMART-Transportation Division union during the incident at issue, giving him “certain protections set forth in the collective bargaining agreement (CBA) between SMART and Amtrak.” (Document No. 29-1, p. 3). Defendant elaborates more fully than Plaintiff's Complaint in its recounting of the facts of the April 19 incident. Amtrak contends that Giles was required, per Amtrak's Standards of Excellence to “follow all instructions, directions and orders from supervisors and managers.” Id. (internal quotations and citations omitted). Defendant contends that when Sine ordered Giles to uncouple one of the train cars, “Giles immediately questioned Sine's authority, ” and he “repeatedly refused to follow Trainmaster Sine's instructions.” Id. at p. 4. Following these repeated refusals, Sine “contacted Trainmaster Hibbert to inform him that Giles refused to cut the train car and confirm that Giles should assist in the task.” Id. at p. 5. Giles allegedly again refused Sine's subsequent order - after she received confirmation from Hibbert that Giles was to assist in the uncoupling. Id. A third round of refusals then allegedly ensued, according to Defendant. Hibbert then “also instructed him to perform the task as Sine had told him to do.” Id. In Defendant's view, “Giles still refused.” Id.

Defendant then contends that Sine was forced to perform Giles' role herself, in light of his refusals. She allegedly “held another job briefing with the crew to ensure they had a clear understanding of their responsibilities since she had added herself to the crew.” Id. Even though, according to Defendant, “Giles was not a part of this second briefing, ” he later attempted to assist with the uncoupling. Id. Sine ordered him to stop, given that he was not briefed on the crew's responsibilities and his “participation at that point posed a safety risk.” Id.

For his actions, “Plaintiff was charged with insubordination [which is the primary charge at issue in this case] and was immediately placed on suspension” while an investigation was conducted. (Document No. 1, p. 2). Amtrak contends both that insubordination is “a terminable offense due to its severity and adverse impact in the workplace” and under the CBA, insubordination is a “major offense” - the latter point of which Defendant contends Giles allegedly confirmed. (Document No. 29-1, p. 8). Because of his union membership, Giles was entitled to a disciplinary hearing on the charges, which was held on November 17, 201[5]. Id. at p. 6. Defendant contends that “during the hearing (as in his deposition []), Giles himself testified that he refused to follow Sine's orders.” Id. at p. 7. The hearing officer concluded “that Giles was insubordinate in his refusal to remove the car as ordered.” Id. Amtrak then terminated Giles on November 25, 2015.^[2] Id. at p. 8. Giles then allegedly appealed the hearing officer's decision twice - once to the Office of Labor Relations at Amtrak (appeal denied), and also to the Public Law Board through a grievance arbitration claim (also denied). Id. at p. 8.

Plaintiff's Complaint states a single claim for race discrimination pursuant to 42 U.S.C. § 1981. (Document No. 1, p. 3). However, he also states on the first page of his Complaint that he additionally “alleges that he was retaliated against for opposing practices prohibited by § 1981.” Id. at p. 1. The undersigned will therefore, as does Defendant, ^[3] construe Plaintiff's Complaint as stating two claims under § 1981 - one for disparate discipline and the second for retaliation. He contends that while he was terminated for alleged insubordination, to his knowledge, “a white employee [Anthony Martino] who refused to perform work at the direction of his supervisor, Michael Hibbert, [was] not discharged from his employment.” Id. He also contends that he “and other African Americans were subjected to racially offensive language and behavior by co-workers and managers[, including]…the use of racially offensive language by [Hibbert].” Id.

Defendant filed the pending “Motion For Summary Judgment” (Document No. 29) on January 6, 2021. Plaintiff filed a “Response To Defendant's Motion For Summary Judgment” (Document No. 34) on February 17, 2021. Defendant filed a “Reply In Support Of Its Motion For Summary Judgment” (Document No. 36) on February 24, 2021. The motion has now been fully briefed and is ripe for review and disposition.

II. STANDARD OF REVIEW

The standard of review here is familiar. Summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The movant has the “initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (internal citations omitted). Only disputes between the parties over material facts (determined by reference to the substantive law) that might affect the outcome of the case properly preclude the entry of summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute about a material fact is “genuine” only if the evidence is such that “a reasonable jury could return a verdict for the nonmoving party.” Id.

Once the movant's initial burden is met, the burden shifts to the nonmoving party. Webb v. K.R. Drenth Trucking, Inc., 780 F.Supp.2d 409 (W.D. N.C. 2011). The nonmoving party opposing summary judgment “may not rest upon the mere allegations or denials of his pleading, but ... must set forth specific facts showing there is a genuine issue for trial.” Anderson, 477 U.S. at 248. In deciding a motion for summary judgment, a court views the evidence in the light most favorable to the non-moving party, that is, “[t]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson, 477 U.S. at 255. At summary judgment, it is inappropriate for a court to weigh evidence or make credibility determinations. Id.

III. DISCUSSION

A. § 1981 Race Discrimination Disparate Treatment Claim

Race discrimination claims filed under § 1981 are analyzed “using the...