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MOORE v. TRUMP CASINO-HOTEL

August 24, 1987

James W. Moore, Pro Se, Plaintiff,
v.
Trump Casino-Hotel, Defendant



The opinion of the court was delivered by: BROTMAN

 This case concerns the Title VII and pendent state law claims brought by James W. Moore, pro se, against Trump Casino-Hotel ("Trump"). Mr. Moore was discharged from his position as bellman at defendant's hotel on May 22, 1985. Trump maintains that Moore was discharged for poor job performance and the theft of tips that had been left in patrons' rooms for the hotel maids. See Defendant's Brief in Support of the Motion for Summary Judgment ("Defendant's Brief") at 5. Moore maintains that the discharge, as well as allegations of theft and poor performance, were the culmination of a pattern of racial discrimination by Trump's managers and supervisors that Moore and others endured throughout their employment at the hotel. See Plaintiff's Original Complaint, filed February 26, 1986.

 Procedural Background

 On October 23, 1986, this court dismissed certain claims Moore had brought under 42 U.S.C. § 1981 et seq. The court and the parties agreed that plaintiff's remaining allegations could be properly construed as a Title VII claim of racially disparate treatment, and pendent state law claims. See Defendant's Brief at 2.

 Presently before the court is Trump's motion for summary judgment on the Title VII claim, and dismissal of the remaining state law claims for lack of federal jurisdiction. Defendant's Brief at 5. Trump argues first, that Moore's submission of his claim for possible arbitration precludes his litigation of the Title VII claim in federal court. Second, Trump argues that Moore's rejection of Trump's pre-arbitration settlement offer constitutes a waiver of his claim under 42 U.S.C. § 2000e-5. Defendant's Brief at 5 & 9.

 Summary Judgment Standard

 The standard for granting summary judgment is a stringent one. Fed. R. Civ. P. 56(c) provides that summary judgment may be granted only when the materials of record "show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Hersh v. Allen Prods. Co., Inc., 789 F.2d 230, 232 (3d Cir. 1986); Lang v. New York Life Insurance Co., 721 F.2d 118 (3d Cir. 1983). In deciding whether an issue of material fact does exist, the court is required to view all doubt in favor of the nonmoving party. Meyer v. Riegel Prods. Corp., 720 F.2d 303, 307 (3d Cir. 1983); Knoll v. Springfield Township School District, 699 F.2d 137, 145 (3d Cir. 1983); Smith v. Pittsburgh Gage and Supply Co., 464 F.2d 870, 874 (3d Cir. 1972).

 legal Analysis

 Preclusion

 Trump's preclusion argument begins with an analysis of federal common law governing employee actions under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a). See, e.g., Textile Workers Union v. Lincoln Mills, 353 U.S. 448, 1 L. Ed. 2d 972, 77 S. Ct. 912 (1957). Trump maintains that under the collective bargaining agreement between Local 54 and the Casino Hotels of Atlantic City, because Moore decided to submit his grievance to arbitration, he is precluded from litigating his complaint in this court. See Defendant's Brief at 5 and Exhibit F. Trump argues that the well-established federal interest in promoting arbitration requires that once an aggrieved employee has elected to avail himself of the grievance procedure, he must exhaust his administrative remedies before going to court. Defendant's Brief at 8, citing Teamsters Local v. Lucas Flour Co., 369 U.S. 95, 105, 7 L. Ed. 2d 593, 82 S. Ct. 571 (1962); Vaca v. Sipes, 386 U.S. 171, 17 L. Ed. 2d 842, 87 S. Ct. 903 (1967); United Steelworkers v. Enterprise Wheel and Car Corp., 363 U.S. 593, 596, 4 L. Ed. 2d 1424, 80 S. Ct. 1358 (1960). Trump argues that "Moore's instant federal claim is barred by his failure to even attempt to exhaust his administrative remedies within the confines of the Collective Bargaining Agreement." Defendant's Brief at 9.

 Moore acknowledges that he originally submitted his grievance to Local 54 for arbitration, and he presents evidence indicating that the Union refused to pursue his claim. See generally Plaintiff's Exhibits, including copies of: Trump's settlement offer dated June 12, 1985; Letter from James Humphrey Allen (union representative) to James Moore (July 3, 1985); Letter from James Moore to James Humphrey Allen (July 11, 1985); Letter from Roy Silbert (President of Local 54) to James Moore (July 24, 1985); and notes pertaining to the settlement offer apparently obtained from Trump's files during discovery.

 Moore then filed a charge of employment discrimination with the New Jersey Division on Civil Rights, Plaintiff's Retort at 7. He later consulted the EEOC, received a right to sue letter, id. at 9, and then filed his complaint in federal district court.

 Contrary to defendant's preemption argument, Congress provided the Title VII remedy as a "supplement" to existing remedies for discrimination. In discussing the relation between Title VII and the grievance-arbitration process established by ...


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