Murphy v. Ctr. for Emergency Med. of W. Pa., Inc.

944 F.Supp.2d 406

John J. MURPHY, Plaintiff,

v.CENTER FOR EMERGENCY MEDICINE OF WESTERN PENNSYLVANIA, INC., d/b/a Stat MedEvac, Defendants.

Civil Action No. 11–01512.

United States District Court, W.D. Pennsylvania.

May 8, 2013.

Edward J. Feinstein, Emily E. Town, Stember Feinstein Doyle Payne & Kravec, LLC, Pittsburgh, PA, for Plaintiff.

Shelly R. Pagac, Pietragallo Gordon Alfano Bosick & Raspanti, Pittsburgh, PA, for Defendant.

MEMORANDUM ORDER

CATHY BISSOON, District Judge.

This case was referred to United States Magistrate Judge Robert C. Mitchell for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates. On March 6, 2013, the magistrate judge issued a Report and Recommendation (Doc. 41) recommending that Defendant's motion for summary judgment (Doc. 24) be granted. Service of the Report and Recommendation was made on the parties, Plaintiff timely filed Objections (Doc. 43) and Defendant timely filed a Response to Objections (Doc. 44).

After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation, Objections and Response to Objections, the following Order is entered:

IT IS HEREBY ORDERED that the Report and Recommendation of March 6, 2013 (Doc. 41) is adopted as the opinion of the Court.

IT IS FURTHER ORDERED that Defendant's motion for summary judgment (Doc. 24) is GRANTED.

REPORT AND RECOMMENDATION

ROBERT C. MITCHELL, United States Magistrate Judge.

I. Recommendation

It is respectfully recommended that the motion for summary judgment filed on behalf of the Defendant (ECF No. 24) be granted.

II. Report

Plaintiff, John J. Murphy, brings this employment discrimination action pursuant to the Age Discrimination in Employment Act, 29 U.S.C. §§ 621–34 (ADEA), and the Pennsylvania Human Relations Act, 43 P.S. §§ 951–63 (PHRA), against the Defendant, Center for Emergency Medicine of Western Pennsylvania, Inc. d/b/a Stat MedEvac (“CEM”). He alleges that Defendant discriminated against him on the basis of his age (58) when it terminated him from his position as an aircraft mechanic on June 8, 2010.

Currently pending for resolution is a motion for summary judgment, brought on behalf of the Defendant. For the reasons that follow, the motion should be granted.

Facts

CEM arranges, coordinates and operates air ambulance services. CEM employs aircraft mechanics to service and maintain its fleet of aircraft. (Horgan Dep. Ex. 36 at. 2.) ¹

Plaintiff was born on August 28, 1951. (Murphy Dep. at 7.) ² Plaintiff states that he was hired by Stat MedEvac in May of 2002 when he was 50 years old, and that he had been working there without interruption when CEM acquired the company in 2007, when he was 55. (Murphy Dep. at 28; ³ Murphy Dep. Exs. 1, 22, 28.⁴) Defendant responds that, although Plaintiff was 55 years old in February 2007 when CEM acquired Stat MedEvac from its owner, C.J. Systems, this information is immaterial because Rick Claypool, Fixed Base Manager and Murphy's direct supervisor, was not hired until September 2007. (Claypool Dep. at 9.) ⁵ Claypool is the person who allegedly treated Murphy differently because of his age. (Murphy Dep. at 243–44.) In addition, Plaintiff was not simply transferred to the rolls of CEM, but was hired by CEM in February 2007. (Murphy Dep. at 7–8.) He admits that he sent an employment application to CEM and that CEM was under no obligation to hire him. (Murphy Dep. at 77–78.)

The parties spend a considerable amount of time debating what Plaintiff's job title was. Plaintiff states that Chris Cura, the Director of Maintenance at Stat MedEvac in 2007, told him that he was being hired as an “avionics technician,” the same position he held when Stat MedEvac was part of C.J. Systems. (Murphy Dep. at 28, 39, 41, 43–44 & Ex. 1.) ⁶ Cura gave him a name plate referring to him as an “Avionics Manager.” (Murphy Dep. at 44; Winkle Dep. Ex. 27.⁷) And Plaintiff has proffered a certificate, dated March 1, 2007, which states (in the context of indicating that he completed certain training) that his job title was “Avionics Manager.” (Hardesty Dep. Ex. 42.) ⁸But see Murphy Dep. at 158, 227 (admitting that he was or “could be considered” a Fixed Base Mechanic).

By contrast, Defendant responds that there are no formal company documents referring to Murphy as an “avionics technician” and that there are no job descriptions making reference to such a position. Rather, the job descriptions are for the two positions held by mechanics at CEM, Site Mechanics and Fixed Base Mechanics. (Murphy Dep. Ex. 7 at CEM–00390, CEM–00403 to CEM–00406.) ⁹ Charles Horgan, who became Director of Maintenance in April 2010, called Murphy a Fixed Base Mechanic and testified that Murphy's duties did not differ from the duties listed for Fixed Base Mechanics. (Horgan Dep. at 49–52, 54.) ¹⁰

Defendant has produced the February 5, 2007 letter confirming Plaintiff's offer of employment, which states that “Your official appointment will begin Monday, February 26, 2007 (this will remain your annual anniversary review date) in the position of full-time Fixed Base Mechanic for the STAT MedEvac Program, Department at an annual rate of $65,000.” (Murphy Dep. Ex. 2.) ¹¹ Plaintiff acknowledged at his deposition that this is what the letter stated. (Murphy Dep. at 80.) In addition, Murphy's performance evaluations referred to him as a “Mechanic” (Murphy Dep. at 128; ¹² Claypool Dep. Exs. 9, 10 ¹³) and the position for his replacement sought a “Fixed Base Mechanic.” (ECF No. 40 Ex. O.)

Plaintiff argues that, even if his job title technically was Fixed Base Mechanic, he was considered an avionics technician based upon his experience, as were two other Fixed Base Mechanics, Greg Winkle and Don Wilson. (Murphy Dep. at 41; ¹⁴ Horgan Dep. at 56–58; ¹⁵ Claypool Dep. Ex. 2. ¹⁶) He contends that he was assigned to train other Fixed Base Mechanics in avionics.

Defendant responds that Claypool testified there was no specific difference between avionics and mechanics at the hangar. (Claypool Dep. at 18.) He testified there were not different people designated as avionics technicians and mechanics. (Claypool Dep. at 19.) He stated that Murphy was not the avionics manager, either officially or unofficially. (Claypool Dep. at 22.) He did assign Murphy to train Winkle and Wilson based upon his avionics experience, however. (Claypool Dep. at 35, 42–43.) Horgan testified that Murphy's experience allowed him to do another part of the job, “but it didn't give him a different job description.” (Horgan Dep. at 57.) ¹⁷

Winkle testified that never at any point in his time at CEM was avionics his main job (Winkle Dep. at 8–9.) ¹⁸ Winkle testified no one at CEM had the primary job of handling avionics problems. (Winkle Dep. at 9.)

Regarding the certificate, Senior HR Consultant Stacey Hardesty was asked, “Do you recognize this?” and she responded, “No.” As Hardesty explained, “I wasn't in this role at that point.” When asked if she had ever heard the term “Avionics Manager” Hardesty responded “No.” (Hardesty Dep. at 74, 92.) ¹⁹

The Court concludes that, although Plaintiff has pointed to certain evidence that he considered himself an avionics technician, he has not proffered evidence that CEM, and particularly his supervisors,²⁰ thought he held such a position. Therefore, for purposes of this case, he was a Fixed Base Mechanic.

Defendant indicates that there are two types of mechanics at CEM, Fixed Base Mechanics and Site Mechanics. (Horgan Dep. Ex. 36 at 2.) Both types of mechanics perform the same job, that is, they are responsible for maintaining the helicopters in the Stat MedEvac system. The only difference between the Fixed Base Mechanics and the Site Mechanics is where they work and how they are paid. (Horgan Dep. at 80.) Plaintiff states that Site Mechanics also do not perform heavy maintenance; they inspect the aircraft every day and make small repairs to ensure that the aircraft is air worthy. (Murphy Dep. at 81.)

The Fixed Base Mechanics work at the Allegheny County Airport and are scheduled to work a regular 40–hour work week. (Horgan Dep. Ex. 36.) Site Mechanics are scheduled to work 10 days on and 4 days off, and are paid 80 hours every two weeks (Horgan Dep. at 74–77 & Ex. 36.)

Site Mechanics go to their base every day, inspect the aircraft, perform any necessary repairs, and then are on call twenty four hours a day, seven days a week. (Horgan Dep. at 74–77.) Plaintiff notes that the actual daily inspection each day may only take one to two hours, but because the Site Mechanic remains on call the rest of the day and may have to come back in to fix the aircraft, the Site Mechanic is paid for 80 hours every two weeks. However, if the Site Mechanic actually works more than 40 hours in a week, he is paid overtime, as is the Fixed Base Mechanic. (Horgan Dep. at 77.)

Defendant states that Plaintiff knew when he accepted the Fixed Base Mechanic position in February 2007 that the Site Mechanics were paid differently than the Fixed Base Mechanics (Murphy Dep. 81, 228.) Plaintiff responds that he did not know that Fixed Base Mechanics are paid differently from Site Mechanics when they perform the same function on weekends. (Claypool Dep. Ex. 24.) ²¹ Although they are paid differently, the Fixed Base Mechanics and Site Mechanics “have all just functioned as one unit.” (Horgan Dep. at 80.)

Stat MedEvac has seventeen bases in Pennsylvania, Ohio, Maryland and Washington, D.C. (Horgan Dep. Ex. 36 at 2.) Each of the bases is numbered, and the base known as MedEvac 4 is located at the Allegheny County Airport.

Because of its location, the Fixed Base Mechanics were asked to cover for the Site Mechanics at MedEvac 4. On May 13, 2010, Claypool sent an e-mail stating, “Make sure two of you guys daily Med 4 first thing in the morning.” On July 29, 2009, a message stated “the hangar will cover med 4 on August 7, 8, 9...