Tran v. Standard Motor Products, Inc., 97-2188-JWL.

10 F.Supp.2d 1199

Dung C. TRAN, Plaintiff, v. STANDARD MOTOR PRODUCTS, INC.; International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW); and Local Union No. 710, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Defendants.

No. 97-2188-JWL.

United States District Court, D. Kansas.

May 29, 1998.

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David R. Hills, Lenexa, KS, for Plaintiff.

Carl A. Gallagher, Deryl W. Wynn, McAnany, Van Cleave & Phillips, P.A., Kansas City, KS, John E. Kiley, Bud G. Holman, Thomas M. Licata, Kelley, Drye & Warren LLP, New York, NY, for Standard Motor Products, Inc., Defendant. Bruce C. Jackson, Jr., Gregory M. Power, Yonke, Arnold, Newbold & Regan, P.C., Kansas City, MO, for Intl. Union, United Auto Aerospace and Agricultural Implement Workers of America, Local No. 710 International Union, United Auto. Aerospace and Agricultural Implement Workers of America (UAW), Defendants.

John E. Kiley, Bud G. Holman, Thomas M. Licata, Kelley, Drye & Warren LLP, New York, NY, for Champ Service Line, Defendant.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Plaintiff Dung C. Tran filed suit against defendants Standard Motor Products, Inc., International Union (UAW) and Local Union No. 710(UAW) alleging violations of Title VII and § 1981 on the basis of his national origin and intentional infliction of emotional distress under state law.¹ Plaintiff also asserts a state law claim under the Kansas labor statute against defendant Union. This matter is presently before the court on defendants' motions for summary judgment (docs. # 79 and # 82). For the reasons set forth below, defendant Standard's motion for summary judgment is granted in part and denied in part. Defendant Union's motion for summary judgment is granted in its entirety.²

I. Facts³

Defendant Standard Motor Products, Inc. is a New York corporation with a production plant located in Edwardsville, Kansas. Champ Service Line is a division of Standard Motor Products engaged primarily in the production of wire and cable for the automobile industry. Plaintiff Dung C. Tran began his employment with Champ Service Line in the Edwardsville plant as a production employee in September 1987. Plaintiff is a Vietnamese male. All production employees at the Edwardsville plant were covered by a collective bargaining agreement between Champ Service Line and defendant Union. Although plaintiff elected not to join the union, he was covered by the collective bargaining agreement.

Standard's English-Only Policy

In 1992, defendant Standard instituted a new organizational system in which employees were assigned to work in teams called "cells." A team developer supervises each team and is responsible for disciplinary issues and department productivity and quality. Beginning in August 1993, Steve Domann was the team developer for plaintiff's team. Shortly thereafter, Mr. Domann began telling team members, including plaintiff, to speak English during cell meetings and while working. Plaintiff concedes, however, that he was never told to speak English during lunch or other breaks. Plaintiff complained to Mr. Domann about the Englishonly policy at the time it was enacted and periodically through the time of his discharge.

The October 1995 Incidents

In October 1995, plaintiff was disciplined for inappropriately touching two female employees, Arlene Anderson and Williett Jones. At the time of the incidents, Ms. Anderson was a second-shift employee in the housekeeping department and Ms. Jones was plaintiff's supervisor. In early October 1995, plaintiff touched Ms. Anderson on the arm (i.e., plaintiff patted Ms. Anderson on the arm below the shoulder). Ms. Anderson became angry and told plaintiff to stop touching her. On October 13, 1995, Ms. Anderson complained to her supervisor, Williett Jones, that plaintiff had repeatedly touched her. Later that day, Ms. Jones met with Curtis Lunn (the second-shift union representative), Ms. Anderson and plaintiff to discuss Ms. Anderson's complaints. During this meeting, Ms. Jones explained to plaintiff that he needed to "keep his hands to himself" and that such behavior could result in his discharge. Plaintiff admitted that he touched Ms. Anderson and agreed that he would not touch Ms. Anderson again.

On October 17, 1995, Ms. Jones met with plaintiff to discuss his productivity. At the conclusion of this meeting, plaintiff patted Ms. Jones on the shoulder as a way of saying "thank you" to Ms. Jones. Ms. Jones, however, believed plaintiff pushed her. In any event, Ms. Jones and Mr. Lunn met with plaintiff later that day and again told him that it was improper for him to be touching his coworkers.

On October 20, 1995, plaintiff received a written warning for this conduct. The written warning stated, in relevant part, as follows:

On 10-13-95 you were counseled concerning the placing of your hands on a female employee. On 10-17-95, after a conversation with your supervisor, you pushed her in the back as she turned to walk away. This type of behavior is unacceptable and will not be allowed.

The written warning also cautioned plaintiff that further violations would result in his discharge. The warning did not indicate that plaintiff had violated defendant Standard's sexual harassment policy or that plaintiff had engaged in sexual harassment.

The October 1996 Incident

On October 4, 1996, Dawnelle Ford, a female employee on the second shift, complained to Curtis Lunn that three of her coworkers, including plaintiff, had engaged in inappropriate conduct towards her. On October 8, 1996, Ms. Ford met with Curtis Lunn, Mark Lafond (Human Resources Manager), Jim Lane (Manufacturing Business Unit Manager), and Steve Domann to discuss her complaints. During this meeting, Ms. Ford reported that Lam Nguyen, Quy Tran and plaintiff had engaged in inappropriate conduct.⁴ Specifically, Ms. Ford reported that plaintiff, on four or five occasions, had walked by her work area, whistled loudly to get her attention, and then flicked his tongue at her in an obscene manner. Ms. Ford did not report that plaintiff had touched her in any way.

After meeting with Ms. Ford, Mr. Lunn, Mr. Lafond, Mr. Lane and Mr. Domann began an investigation of her complaints by meeting individually with each of the three employees about whom Ms. Ford had complained. During the meeting with plaintiff, they explained the allegations made by Ms. Ford and asked plaintiff for his response. Plaintiff denied the allegations. At the end of this meeting, plaintiff was suspended with pay pending further investigation.⁵

During the investigation, Arlene Anderson approached Curtis Lunn and reported that she had information about plaintiff and Ms. Ford. On October 9, 1996, Mssrs. Lafond, Domann and Lane had a meeting with Ms. Anderson during which she informed defendant Standard that she had seen plaintiff touch Ms. Ford. Ms. Anderson signed a written statement which stated as follows:

I can't remember the exact date, but I remember I was sitting in the cafeteria at my usual table which faces the vending machines. I saw Dawnelle Ford at one of the vending machines, and she was facing the machine. Dung Tran approached her from behind and put his hands on her the way he used to do with me. Dawnelle turned around and looked at him, I couldn't hear what was said but it looked like she didn't like what he was doing. I thought about talking with her afterwards, but since I didn't know her I didn't say anything. I still haven't had any discussion with her concerning this subject.

After receiving this statement, management met with Ms. Ford to discuss the information received from Ms. Anderson. Although Ms. Ford recalled the incident in the cafeteria, she indicated that it happened "some time ago" and did not seem upset by the incident.

Boban Misic, another employee, also came forward during the investigation. After hearing about Ms. Ford's complaint, Mr. Misic told Curtis Lunn that he witnessed the incident between plaintiff and Ms. Ford (i.e., the tongue-flicking) and would be willing to sign a statement if necessary. At this point, Mr. Misic's involvement in the investigation of Ms. Ford's complaint becomes the subject of much dispute. According to plaintiff's evidence, Steve Domann contacted Mr. Misic and offered to reduce Mr. Misic's accumulated attendance points if Mr. Misic agreed to sign a prepared statement that he had witnessed plaintiff engage in misconduct. Apparently, Mr. Domann rescinded this offer and Mr. Misic refused to sign the statement. Instead, Mr. Misic signed a statement indicating that he had not witnessed any misconduct by plaintiff.⁶

Despite Mr. Misic's belief that he had signed a statement indicating he had not witnessed any misconduct, defendant Standard somehow obtained a written statement purportedly signed by Mr. Misic indicating that Mr. Misic had seen plaintiff touch Ms. Ford. This statement reads as follows:

I have seen Dung Tran touching Dawnelle Ford. The times I remember were during, or after, our stretching break. I have seen him touch her on her leg, and pinch her on the back of her arm. I have also seen him stick his tongue out at her, and flick it in an obscene manner. Dawnelle has told me that she did not like what he was doing and wanted him to stop.

Mr. Misic has no recollection of signing this statement. In fact, according to plaintiff's evidence, Mr. Misic told defendant Standard that he had never seen plaintiff touch Ms. Ford. Mr. Misic only witnessed the tongue-flicking incident. In any event, management met with Ms. Ford to discuss the substance of the written statement purportedly signed by Mr. Misic. Ms. Ford told management that she "honestly couldn't remember" plaintiff ever touching her during or after the stretching break.

On October 10, 1996, defendant Standard terminated plaintiff's employment.⁷ The...