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GARY v. ROADWAY EXPRESS

October 25, 1996

MARTY GARY, Plaintiff,
v.
ROADWAY EXPRESS, INC., et al., Defendants.



The opinion of the court was delivered by: ALESIA

 Before the court is defendants Roadway Express, Inc.'s, Bill Eaton's, Jack Coyle's, Jim Crowe's, and Tomm Forrest's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(b). For the reasons that follow, the court grants defendants' motion for summary judgment.

 I. BACKGROUND1

 Gary worked for Roadway Express, Inc., as a truck driver. On April 1, 1995, Gary and his co-driver were involved in an accident in which their truck rolled over several times, damaging the truck and its cargo. After investigating the accident, Roadway found that Gary's co-driver fell asleep at the wheel, and that Gary was partially responsible in that he coerced his co-driver to remain awake for far longer than the permissible period. Roadway also found that Gary falsified his daily time logs by recording drive time when he was not driving. Based on its findings, Roadway fired Gary on April 7, 1995, but effective April 2, 1995. At the time he was fired, Gary was not working because of injuries he sustained in the truck accident.

 Following the accident and his subsequent discharge, Gary filed a grievance over his discharge, following the grievance procedure set forth in the collective bargaining agreement between Roadway and the union that represented Gary. On August 2, 1995, the Joint State Committee heard but was unable to resolve Gary's grievance. However, on September 12, 1995, the Joint Area Committee, whose decision regarding Gary's grievance is final and binding on all parties, found that Gary was fired without just cause. The Joint Area Committee then ordered Roadway to reinstate Gary 30 days from the date he receives a release from his doctor stating that he can return to his regular duties, with the 30 days being a disciplinary suspension without compensation.

 Since the date of the Joint Area Committee's order, Gary has not received a release from his doctor stating that he can return to his regular duties. Also, from the time of his firing until about a month and a half following the Joint Area Committee's order, Roadway withheld Gary's health and welfare benefits. However, on October 25, 1995, Roadway paid the benefits it had withheld from Gary in a lump sum, and subsequently has paid all the benefits due Gary. Finally, when Gary was fired, Roadway took away Gary's seniority position, and has not yet restored it, though Gary has filed a grievance to have his seniority restored.

 In March 1996, Gary filed a lawsuit against Roadway, several Roadway employees, his union, and several union agents under section 301 of the Labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. ยง 185. Gary characterizes his action as one "to recover compensatory and punitive damages for discharge and deprivation of fringe benefits by [Roadway] in breach of the collective bargaining agreement and breach by [the union] of its duty of fair representation...." (Compl. at 2.)

 Specifically with respect to Roadway, Gary asks that the court find that Roadway discharged Gary without just cause, in breach of Gary's rights under the collective bargaining agreement; order Roadway to reinstate Gary in his previous job; order Roadway to reinstate Gary's health and welfare benefits and pay all claims that arose under the benefits from April 1, 1995, to the present; order Roadway to restore Gary's seniority; and award Gary compensatory and punitive damages, costs, and attorney's fees. (Compl. at 7-8.)

  Roadway and its employees who were named as defendants *fn2" (collectively, "defendants") now have moved for summary judgment, contending that Gary's complaint presents no justiciable case or controversy against defendants.

 II. DISCUSSION

 A. Standard for deciding summary judgment motion

 A motion for summary judgment must be granted if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FED. R. Civ. P. 56(c). The burden is on the moving party to show that no genuine issues of material fact exist. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S. Ct. 2505, 2514, 91 L. Ed. 2d 202 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 2553, 91 L. Ed. 2d 265 (1986).

 Once the moving party presents a prima facie showing that he is entitled to judgment as a matter of law, the party opposing the motion may not rest upon the mere allegations or denials in its pleadings but must set forth specific facts showing that a genuine issue for trial exists. Anderson, 477 U.S. at 256-57, 106 S. Ct. at 2514; Celotex, 477 U.S. at 324, 106 S. Ct. at 2553; Schroeder v. Lufthansa German Airlines, 875 F.2d 613, 620 (7th Cir. 1989). All reasonable factual inferences must ...


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