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Trexler v. Norfolk Southern Railway Company8/7/2001
On writ of certiorari to review order entered 16 March 1999 by Judge Michael E. Beale in Rowan County Superior Court. Heard in the Court of Appeals 24 January 2001.
Plaintiff Audie E. Trexler seeks review of the trial court's entry of summary judgment in favor of defendants Norfolk Southern Railway Company, Thomas L. Lynch, James H. Forrest, C.L. Crabtree and Norfolk Southern Corporation (collectively defendants). We affirm the trial court.
The record reflects the following generally uncontroverted factual and procedural background information: Plaintiff was hired by defendant Norfolk Southern Railway Company (NSRC) on or about 12 November 1979 and worked at NSRC's Linwood, North Carolina facility. As a Carman for NSRC, plaintiff was represented by his labor organization, the Transportation Communications International Union, Brotherhood of Railway Carmen Division (the Union). Plaintiff was also subject to the terms of a Collective Bargaining Agreement (the Agreement) between NSRC and the Union. Rule 34(a) of the Agreement specified as follows:
n employee will not be removed from service or disciplined (including discharge) except for just and sufficient cause after a preliminary hearing.
On or about 5 December 1995, plaintiff testified under oath in a case brought by the Union and a co-worker against defendants Norfolk Southern Corporation (NSC) and NSRC in United States District Court for the Eastern District of Tennessee, Knoxville Division. In his sworn statement, plaintiff related he had heard defendant Thomas L. Lynch (Lynch), a NSRC Master Mechanic, state to employees of NSRC that he "did not recommend that we vote Jack [Wright] in as local chairman because . . . Jack always stirred up problems" and that "we did not need Jack in there, because he would cause problems." At the time, Wright was a candidate for election as local chairperson of the Union.
Shortly thereafter, Timothy T. Malloy, Assistant Director of Labor Relations for NSRC, contacted Lynch and inquired if Lynch had indeed made such a statement. Lynch denied having done so.
Defendant J.H. Forrest (Forrest), Senior General Foreman at NSRC's Linwood facility and plaintiff's supervisor, reviewed a copy of plaintiff's sworn testimony at the request of Lynch. According to Forrest, he subsequently interviewed employees and supervisors "who could have been in the meeting or gathering where [plaintiff] alleged [Lynch] made the statement in question," but each of the "individuals [interviewed] indicated they had not heard any supervisors at Linwood tell anyone not to vote for Jack Wright." Pursuant to Rule 34 of the Agreement and on behalf of NSRC, Forrest wrote plaintiff a letter dated 4 January 1996. Plaintiff was directed therein to report "for a formal investigation to determine [plaintiff's] responsibility for conduct unbecoming an employee" in connection with plaintiff's sworn statement regarding Lynch. Defendant C.L. Crabtree (Crabtree), a NSRC official, presided over the 23 January 1996 investigation. Plaintiff, accompanied by his duly authorized Union representatives, presented testimony from five witnesses and documented polygraph test results.
By letter dated 31 January 1996, Crabtree returned the documentation to plaintiff, indicating the polygraph results had been deleted from the record and would not be considered because such evidence was prohibited under the provisions of "the federal Employee Polygraph Protection Act, 29 U.S.C., Section 2001, et seq." By separate letter the same date, Crabtree also informed plaintiff the evidence presented at the investigation "clearly reflect that [plaintiff was] guilty of the charge brought against [him,]" and
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