The opinion of the court was delivered by: Sue E. Myerscough, United States District Judge.
Tuesday, 17 April, 2012 05:02:52 PM
Clerk, U.S. District Court, ILCD
This cause is before the Court on Defendant St. John Hospital of the Hospital Sisters of the Third Order of St. Francis' Motion to Dismiss Count II of Plaintiff's Complaint (d/e 6). For the reasons that follow, the Motion is GRANTED.
In November 2011, Plaintiff Gerald W. Mattingly filed a two-count Complaint against Defendant alleging (1) a claim for discriminatory discharge based upon his sex in violation of 42 U.S.C. § 2000e-2(a) (Count I); and (2) a request that the Court confirm, pursuant to § 11 of the Uniform Arbitration Act (710 ILCS 5/11), the backpay award made in Plaintiff's favor as a result of the grievance Plaintiff submitted following the termination of his employment (Count II). Plaintiff alleges the following facts in support thereof.
Plaintiff, a male registered nurse, was employed by Defendant for approximately 17 years. For approximately 13 years, Plaintiff worked as an interventional radiology nurse for Defendant.
In June 2009, an incident occurred in the radiology department wherein an elderly patient fell off the x-ray table and died. Plaintiff did not perform or supervise the procedure and was not in the room during the procedure. Nonetheless, Defendant discharged Plaintiff because of the incident.
Plaintiff alleges that Defendant had a written dispute resolution policy that was provided to its employees, a copy of which Plaintiff attached to the Complaint. The "General Policy" section of the Grievance Procedure provided as follows:
[Defendant] makes every effort to prevent conditions which may result in an grievance, and to deal promptly, properly, fairly, objectively and in good faith with the grievances which occur. Eligible employees may utilize the grievance procedure without being subjected to restraint, interference, discrimination, retaliation or harassment of any form provided the procedure is followed in good faith by the employee.
Complaint, Plaintiff's Exhibit A, p. 97. The Procedure defines a grievance as "a complaint or dissatisfaction arising from an application or claimed violation of [Defendant's] policies, rules, or regulations, which may or will result in disciplinary action being taken by [Defendant] which the employee feels is unjust." Complaint, Plaintiff's Exhibit A, p. 97. "Any regular employee may appeal an action which he/she feels is unjust[.]" Complaint, Plaintiff's Exhibit A, p. 98.
According to the Grievance Procedure, an employee must first attempt to resolve the dispute informally. If the employee cannot resolve the issue informally, the employee must then confer with the Human Resources Department representative to "formally define the grievable issue(s), to determine if a grievable situation exists, and to possibly resolve the matter through mediated discussions." Complaint, Plaintiff's Exhibit A, p. 98.
Once an employee files a formal grievance, the matter proceeds in four steps. In Step One, the grievance is presented to the grievant's Department Director, who reviews and investigates the problem. The employee has five work days to accept the Department Director's determination or appeal the decision to the Division Assistant Administrator.
In Step Two, the Division Assistant Administrator or Division Director reviews the matter and provides a written determination. The grievant may accept the decision or formally appeal ...