RANDOLPH D. MOSS, United States District Judge
Plaintiff Ishmael Clark-Williams lost his job as a bus driver for the Washington Metropolitan Area Transit Authority ("WMATA"). He filed a grievance with his union, Amalgamated Transit Union Local 689 ("Local 689"), which negotiated a Settlement Agreement with WMATA on his behalf. The Settlement Agreement provided that Clark-Williams would be reinstated — but only if he passed a background check under WMATA's new Background Screening Policy. Clark-Williams informed Local 689 that he had an existing criminal record (which he had previously disclosed),
Clark-Williams then brought this lawsuit against both WMATA and Local 689 (collectively, "Defendants"). He alleges that WMATA breached the terms of its collective bargaining agreement with Local 689 and that Local 689 breached its duty to provide Clark-Williams with fair representation. All three parties have now moved for summary judgment. Because Clark-Williams has failed to identify any factual basis to suggest that WMATA breached the collective bargaining agreement, and because such a breach is an essential element of his claims against both WMATA and Local 689, the Court will grant Defendants' motions, deny Clark-Williams's motion, and enter judgment for Defendants.
Local 689 is a labor union "organized for the purpose of collective bargaining with WMATA." Dkt. 30 at 3. Its relationship with WMATA is governed by a "collective bargaining agreement," or "CBA." The CBA appears to set forth procedures by which WMATA employees can file grievances with Local 689, and through which Local 689 can pursue those grievances on those employees' behalf. See Dkt. 30-4 at 3 (CBA table of contents). The full text of the CBA, however, is not before the Court. The parties have provided only the table of contents and the first two pages,
Dkt. 30-4 at 11-12; accord Dkt. 31-1 at 81.
Clark-Williams worked as a bus driver for WMATA starting in September 2007. Dkt. 30 at 3. At the time he was hired, he disclosed that he was on probation, having pleaded guilty to criminal conduct in New Jersey. Id. Clark-Williams allegedly served the next three and a half years without incident, "other than minor customer complaints" and "one violation of the anti-violence workplace policy." Dkt. 1-3 at 2 (Compl. ¶ 6). On February 4, 2011, however, WMATA terminated Clark-Williams for "violations of . . . the WMATA
Local 689 protested Clark-Williams's discharge on his behalf, and, in May 2012, reached a Settlement Agreement with WMATA. Id.; see Dkt. 34-4 at 2-4. That Agreement provided that WMATA would reinstate Clark-Williams, subject to certain conditions. Dkt. 30 at 4. One of those conditions was Clark-Williams's successful completion of background screening pursuant to WMATA's Background Screen Policy/Instruction 7.40/0 ("the Background Screening Policy"). Id. Specifically, the Settlement Agreement provided that:
Dkt. 34-4 at 2. The Settlement Agreement was signed by a representative from WMATA and by Anthony Garland, the shop steward for Local 689 at the time. Id. at 4.
The Background Screening Policy (to which the Settlement Agreement referred) had become effective five months earlier on December 22, 2011. Dkt. 34-2 at 2. It provided in relevant part:
Dkt. 30-3 at 4-5, 7-8 (emphases added). "Appendix A" to the Policy then explained
According to Clark-Williams, "[i]mmediately prior to signing the Settlement Agreement," Garland "asked [Clark-Williams] if [he] had disclosed [his New Jersey criminal record] when [he] was hired by WMATA." Dkt. 33 at 10-11 (Clark-Williams Decl. ¶ 2). Clark-Williams says that he informed Garland that he had disclosed his record and that Garland then "advised [him] that such previously disclosed violations would not prevent [his] reinstatement to WMATA employment under the Settlement Agreement." Id. Garland, for his part, disputes that such a conversation occurred at that time. See Dkt. 34-5 at 2 (Garland Decl. ¶ 5). He says that "the issue only came up" after the Settlement Agreement had already been executed. Id.
Clark-Williams subsequently failed the background check. The screening "revealed that on May 13, 2005, [Clark-Williams] was convicted of Aggravated Assault — Serious Bodily Injury and Receiving Stolen Property," Dkt. 35-1 at 2; see also Dkt. 31-2 at 1-2 (same), both of which were felonies, Dkt. 31-1 at 12. As a result, WMATA declined to reinstate him. Dkt. 30 at 4. He then filed a grievance protesting that decision, which Local 689 took to arbitration, id., presumably in accordance with the CBA's dispute-resolution procedures. On June 21, 2013, the Board of Arbitration ruled that WMATA had properly applied the Background Policy and that WMATA accordingly had not violated the Settlement Agreement by failing to reinstate Clark-Williams. Dkt. 30-2 at 19-20.
Clark-Williams subsequently brought this action in D.C. Superior Court against WMATA and Local 689, as well as against Garland (although the claims against Garland have since been dismissed). His complaint is brief, and thus the Court will quote in full what it takes to be the key allegations:
Dkt. 1-3 at 3-4 (Compl.). WMATA timely removed the action to this Court pursuant to the WMATA Compact, Pub. L. No. 89-774, 80 Stat. 1324, 1350 (1966) (codified at D.C. Code § 1-2431 (1981)). Dkt. 1.
Local 689 (but not WMATA) thereafter filed a motion to dismiss, Dkt. 3, which the Court granted in part and denied in part. See Clark-Williams v. Local 689, Amalgamated Transit Union, 37 F.Supp.3d 361 (D.D.C. 2014) (Boasberg, J.). In that opinion, the Court dismissed the claims against Garland and held "as a matter of law that [Local 689] did not breach any duty in its representation" of Clark-Williams "in connection with the arbitration." Id. at 366-67. The parties then engaged in eight months of discovery, see Dkt. 8; Minute Order of Sept. 12, 2014, after which Clark-Williams sought leave to file an amended complaint, Dkt. 19. The Court denied Clark-Williams's motion to amend on the grounds that his proposed additions to his existing claims were "substanceless," that his proposed additional claims were untimely and futile, and that adding his proposed new defendant "would result in undue delay and prejudice" and "would also be futile." Clark-Williams v. WMATA, No. 14-cv-99 (RDM), 2016 WL 4186810, at *3, *4, *5-6 (D.D.C. Feb. 16, 2016) (Moss, J.). The Court subsequently set a summary judgment briefing schedule.
All three parties have now moved for summary judgment. WMATA and Local 689 both filed motions for summary judgment, Dkts. 30 & 31, as well as replies,
The moving party is entitled to summary judgment under Federal Rule of Civil Procedure 56 if it can "show[ ] that there is no genuine dispute as to any material fact and [that it] is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). When, as here, the plaintiff bears the ultimate burden of proof, but the defendant has moved for summary judgment, the defendant "bears the initial responsibility" of "identifying those portions" of the record that "demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A fact is "material" if it could affect the substantive outcome of the litigation. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). And a dispute is "genuine" if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). The Court, moreover, must view the evidence in the light most favorable to the nonmoving party and must draw all reasonable inferences in that party's favor. Talavera v. Shah, 638 F.3d 303, 308 (D.C. Cir. 2011).
"Although summary judgment is not the occasion for the court to weigh credibility or evidence, . . . summary judgment is appropriate if the nonmoving party fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Id. (internal citations and quotation marks omitted). The nonmoving party's opposition, accordingly, must consist of more than unsupported allegations or denials and must be supported by affidavits, declarations, or other competent evidence, setting forth specific facts showing that there is a genuine issue for trial. See Fed. R. Civ. P. 56(c); Celotex, 477 U.S. at 324, 106 S.Ct. 2548. That is, once the moving party carries its initial burden on summary judgment, the nonmoving party must provide evidence that would permit a reasonable jury to find in its favor. See Laningham v. U.S. Navy, 813 F.2d 1236, 1241 (D.C. Cir. 1987). If the nonmoving party's evidence is "merely colorable" or "not significantly probative," the Court should grant summary judgment. Liberty Lobby, 477 U.S. at 249-50, 106 S.Ct. 2505.
Clark-Williams's two claims are closely related. In one claim, he alleges that WMATA breached its collective bargaining agreement with Local 689 by, among other things, refusing to reinstate Clark-Williams after he failed the background test.
The Supreme Court addressed claims of this type in DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983). See also, e.g., Malloy v. WMATA, 187 F.Supp.3d 34, 42 (D.D.C. 2016). DelCostello explains that, in the ordinary course, a union member who wants to sue his union or his employer must exhaust "any grievance or arbitration remedies provided in the collective bargaining agreement." 462 U.S. at 163, 103 S.Ct. 2281. The employee is then typically "bound by the result according to the finality provisions of the agreement" and entitled to only "very limited" judicial review. Id. at 164, 103 S.Ct. 2281. More complete review is available, however, "when the union representing the employee in the grievance/arbitration procedure acts in such a discriminatory, dishonest, arbitrary, or perfunctory fashion as to breach its duty of fair representation." Id. Under those circumstances, the employee "may bring suit against both the employer and the union, notwithstanding the outcome or finality of the grievance or arbitration proceeding." Id.
Claims of this type — which are known as a "hybrid § 301/fair representation claims" — thus involve two distinct causes of action: one against the employer for breach of contract under § 301 of the Labor Management Relations Act (codified at 29 U.S.C. § 185), and one against the union for breach of the duty of fair representation, which is implied under the National Labor Relations Act (codified at 29 U.S.C. §§ 151-169). Id. But "the two [causes of action] are inextricably interdependent." Id. at 164-65, 103 S.Ct. 2281 (internal quotation mark omitted). "To prevail against either [defendant]," the employee "must not only show that [his] discharge was contrary to the contract but must also carry the burden of demonstrating a breach of duty by the Union." Id. at 165, 103 S.Ct. 2281 (internal quotation marks omitted). In other words, the employee must prove both causes of action to prevail on either one. Id.
Because the Court concludes that Clark-Williams cannot succeed on the first of these prongs — that is, that WMATA breached the collective bargaining agreement — it need not reach the second prong. In particular, as explained below, Clark-Williams's hybrid claim fails because he has not produced evidence sufficient to create a triable issue of fact as to whether WMATA breached its collective bargaining agreement with Local 689. His complaint presents two theories of breach. First, it alleges that WMATA breached the CBA through "[the] application of [the Background Screening Policy] in the Settlement Agreement and with respect to [Clark-Williams's] [g]rievance." Dkt. 1-3 at 4 (Compl. ¶ 24). Second, it alleges WMATA breached the CBA by "not taking any action against . . . Garland for his [alleged, inaccurate] advice to [Clark-Williams] in connection with the Settlement Agreement." Dkt. 1-3 at 4 (Compl. ¶ 25). Neither theory survives summary judgment.
The first theory — i.e., that WMATA breached the CBA by requiring Clark-Williams to undergo a background check as a condition of his reinstatement, determining that Clark-Williams failed that background check, and then failing to reinstate him as a result — is foreclosed by the text of the CBA itself (or at least the portion of the text that the parties have provided). As WMATA points out, see Dkt.
Id. (CBA § 102(b)) (emphasis added). Given that any "[i]nterpretation of a contract. . . must begin with the plain meaning of [its] language," Am. Fed'n of Gov't Emps., Local 2924 v. Fed. Labor Relations Auth., 470 F.3d 375, 381 (D.C. Cir. 2006), WMATA has produced competent evidence that the application of the Background Screening Policy to Clark-Williams was "reserved exclusively for WMATA under the CBA," Dkt. 31-1 at 5, such that WMATA's manner of doing so cannot constitute breach.
But Clark-Williams's five-page cross-motion and opposition identifies no contrary evidence. See Dkt. 33 at 4-8. Instead, he points to a different section of the CBA — section 104(d) — which he says provides that no employee will be "discharged, suspended, or otherwise disciplined . . . without sufficient cause." Id. at 6. (No party has supplied the Court with section 104 of the CBA agreement, but the Court will assume that it contains such a provision.) As far as the Court can discern, Clark-Williams argues that WMATA breached section 104(d) by ignoring "Appendix D" to the Background Screening Policy, resulting in Clark-Williams's wrongful "discharge[ ]." Dkt. 33 at 6. And "Appendix D" does, in a vacuum, seem relevant: It is titled, "Review of Arrest & Conviction Records," and it provides that "[c]onviction(s) that were disclosed on the [employee's] original . . . application for employment . . . will be excluded from further review." Dkt. 34-2 at 13 (emphasis removed).
The problem with Clark-Williams's section 104(d) argument, however, is that Appendix D did not apply to employees in his circumstances. Under the Background Screening Policy's plain terms, "Appendix
Because Clark-Williams has articulated no other grounds on which WMATA could be found to have breached the CBA through its application of the Background Screening Policy, and has failed to identify any genuine issue of material dispute, Defendants are entitled to summary judgment as to Clark-Williams's first theory of breach.
Clark-Williams also fails to carry his summary judgment burden with respect to his second theory of alleged breach of the CBA — i.e., that WMATA breached the CBA "by not taking any action against" Garland, the union employee who allegedly misled Clark-Williams. See Dkt. 1-3 at 4 (Compl. ¶ 25). What "action" WMATA could have taken against a union official for providing allegedly bad advice to a member of the union, and how any such "action" could have helped Clark-Williams, is left to the imagination. Although the Court has before it three different motions for summary judgment — including one filed by Clark-Williams — not one of those filings addresses this allegation in the complaint. See generally Dkt. 30 at 10-15; Dkt. 31-1 at 4-7; Dkt. 33 at 4-8; Dkt. 34 at 4-12; Dkt. 35 at 1-4; Dkt. 36 at 1-2. Because Clark-Williams was on sufficient notice of the need to put forward evidence to support this theory — and to provide some cogent explanation of the theory — yet he failed to do so, Defendants are entitled to summary judgment on the issue.
Although "a party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion," Celotex, 477 U.S. at 323, 106 S.Ct. 2548, when the nonmoving party will bear the ultimate burden of proof at trial, the moving party's initial burden of production is slight. It "may be discharged by `showing' — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party's case." Id. at 325, 106 S.Ct. 2548. The Court itself may enter
WMATA satisfied its initial summary judgment burden by "pointing out" to the Court that "[Clark-Williams] cannot prove that there was any breach of contract by WMATA." Dkt. 31 at 1; see also, e.g., Dkt. 31-1 at 6 (arguing that "Plaintiff cannot, as a matter of law, demonstrate any breach of the CBA by WMATA, and this fact alone compels dismissal of the entire case against both Defendants"). Although neither WMATA nor Local 689 specifically addressed Clark-Williams's allegation that WMATA breached the CBA by failing to take action against Garland, both Defendants made clear that they were seeking summary judgment as to the entire action and that they took the position that Clark-Williams had failed to adduce evidence to support any aspect of the alleged breach of the CBA (or any other aspect of his claims). See, e.g., Dkt. 30 at 5 ("There are no disputed material facts and the Defendants are clearly entitled to prevail as a matter of law."); Dkt. 31-1 at 4 ("Plaintiff cannot, as a matter of law, survive summary judgment as to the requisite element, on which he bears the burden of proof, of demonstrating breach of the collective bargaining agreement against WMATA."). Even more to the point, it is difficult to discern what else Defendants might meaningfully have done, given the paucity and implausibility of the allegation at issue; it certainly was not their responsibility to explain what Clark-Williams might have meant when he alleged that "WMATA violated [its duties under the CBA] by not taking any action against . . . Garland," Dkt. 1-3 at 4 (Compl. ¶ 25), in order to then rebut that single, obscure allegation. In any event, it is safe to conclude that Clark-Williams was "on notice of what [he] had to present in order to defeat [Defendants'] motion[s]." Bush v. District of Columbia, 595 F.3d 384, 387 (D.C. Cir. 2010).
The burden thus falls on Clark-Williams to provide evidence of some material fact from which a factfinder could conclude that WMATA breached the CBA by failing to take action against Garland. Clark-Williams has not done so. Aspects of this claim that Clark-Williams has failed to support — or even to explain — include such critical components as (1) the portion of the CBA he contends required WMATA to take "action" against Garland, (2) how any such duty was triggered, (3) whether WMATA was aware of the advice that Garland provided to Clark-Williams at the relevant time, (4) what "action" WMATA was required to take, and (5) how any such "action" might have helped Clark-Williams. This "complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial," Celotex, 477 U.S. at 323, 106 S.Ct. 2548, so the Court will grant summary judgment in favor of Defendants as to whether WMATA breached the CBA on this theory.
Defendants have therefore demonstrated that no genuine question of material
The Court will grant Defendants' motions for summary judgment (Dkts. 30 & 31), will deny Clark-Williams's cross-motion for summary judgment (Dkt. 33), and will enter judgment for Defendants.
A separate order will issue