GITS, therefore, asks this Court to declare that GITS is not required to honor the arbitration award. Honoring the arbitration decision, it is claimed, violates the public policy of an employer maintaining voluntarily compliance with Title VII. GITS argues that the arbitration decision, and GITS by honoring the award, would further perpetuate the hostile environment Smallwood subjectively perceived and reasonable people (such as Ms. GITS asserts there can be no question that Smallwood found the environment at GITS to be both hostile and abusive, and that a reasonable person would find the environment created by Mickey's comment both hostile and abusive. It is this arbitration award that is the basis of the dispute in this case. On February 26, 2002, arbitrator Gerald Cohen ("the Arbitrator") entered an order returning Mickey to work, minus six months back pay. Mickey was eventually discharged in response this incident, an action the Union grieved and ultimately arbitrated. Hanson could "kiss ass." It is undisputed that Smallwood did not hear Mickey's comment. One employee, Tara Hanson, was so angered by what Mickey said, she called Mickey "white trash". While doing so, Mickey was overheard saying in reference to Smallwood, "he's nothing but a `fucking nigger.'"Īlthough Mickey was apparently talking to herself, an investigation on the part of GITS indicated that at least four employees near the time clock heard her comment. Mickey left the stockroom and shortly thereafter "clocked out" of work. Smallwood asked why Mickey was "trying to get in trouble in front of boss." The argument between them escalated, during which time Mickey used several so-called "F-words". Later that same day, Mickey again returned to the stockroom prompting Smallwood to approach. At the time, Robert Smallwood ("Smallwood") was the only African-American in the entire GITS workforce. The three people were Rick Hanson (a union member), Doug Graham (Manufacturing Manager for GITS), and Robert Smallwood (another union member). Įarly in the afternoon of May 8, 2001, while in the stockroom, Mickey saw three *1092 individuals and asked what they were doing. According to the supervisor of the receiving area when Mickey was there, Mickey often complained that "management" workers were doing the work of bargaining unit members. On occasion, Mickey's job required her to go to the receiving area of the plant. Mickey was an employee with GITS, working in a variety of capacities at GITS since beginning in 1989, and was employed as an assembler in May of 2001. The Union represents the employees of GITS. GITS is an automotive sub-assembler in Creston, Iowa. 15) is GRANTED, and the GITS Motion for Summary Judgment (Clerk's No.
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For the reasons discussed herein, the Union's Motion for Summary Judgment (Clerk's No. Hedberg appearing on behalf of Local 281 International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, and its affiliated Local Union Number 1946 ("the Union"), and Defendant Sheila Mickey ("Mickey").
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LaSuer appearing on behalf of GITS Manufacturing Company, L.L.C. This matter came on for hearing on February 28, 2003, with Gene R. RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENTīefore the Court are cross-motions for summary judgment filed by the parties. Hedberg, Hedberg Owens & Hedberg, Des Moines, IA, for Defendants. Lasuer, Davis Brown Koehn Shors & Roberts PC, Des Moines, IA, for Plaintiff. LOCAL 281 INTERNATIONAL UNION, United Automobile, Aerospace, and Agricultural Implement Workers of America, and Its Affiliated Local Union Number 1946, and Sheila Mickey, Defendants. GITS MANUFACTURING COMPANY, L.L.C., Plaintiff,