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RANDOLPH v. COOPER INDUS.

December 7, 1994

HOWARD RANDOLPH, JR., Plaintiff, -vs- COOPER INDUSTRIES, COOPER POWER SYSTEMS DIVISION, WILLIAM E. LANCASTER, GEOFFERY HODGE, and DONALD YEAGER, Defendants.

Donetta W. Ambrose, U. S. District Judge


The opinion of the court was delivered by: DONETTA W. AMBROSE

and

 ORDER OF COURT

 Plaintiff Howard Randolph, Jr. ("Randolph") has filed this pro se action seeking damages and injunctive relief against his employer, Cooper Industries, Inc., Cooper Power Systems Division ("Cooper"), and against individual defendants William C. Lancaster, Geoffery Hodge, and Donald Yeager for alleged incidents of racial harassment at work. Randolph claims violations of Title VII of the Civil Rights Acts of 1964, the Civil Rights Act of 1991, and 42 U.S.C. § 1981. Pending before the Court is a Motion to Dismiss, or in the Alternative, a Motion for Summary Judgment filed on behalf of Cooper and the individual defendants pursuant to Rules 12(b) and 56 of the Federal Rules of Civil Procedure. For the following reasons, Summary Judgment will be granted in part and denied in part.

 I. FACTUAL BACKGROUND.

 Randolph is an African American employed as a "coremaker" at Cooper's plant in Canonsburg, Pennsylvania. *fn1" In his Complaint, Randolph claims that on November 29, 1992, his supervisor, Defendant Donald Yeager, tampered "with [his] computer to cause machine to produce wrong product." (Compl. at II.) Randolph also alleges that his supervisor Geoffery Hodge failed to respond to his complaints of alleged discriminatory incidents involving a black "M.C. Hammer" doll placed near his workstation. (Compl. at II.) *fn2"

 Randolph, as a union employee, is bound by the terms of the Labor Agreement. Section 6 of the Labor Agreement, entitled "Grievance Procedure," provides for a mandatory grievance and arbitration procedure for any "complaint or request of an employee or the Union which involves the interpretation or application of, or compliance with, the provisions of" the Labor Agreement. Labor Agreement at 39, P 59. The Labor Agreement also contains a boilerplate antidiscrimination clause, which states:

 
It is the continuing policy of the Company and the Union that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, sex, national origin, age, physical or mental handicap, or because an employee is a disabled veteran or a veteran of the Vietnam era.

 Labor Agreement at 5, P 8.

 Although Randolph advised his supervisors of the alleged harassment and even filed a civil rights complaint against Cooper with the Union concerning the allegations of racial harassment, Randolph did not file a formal grievance and did not use the mandatory grievance/arbitration remedies provided for in the Labor Agreement.

 Defendants contend the Court lacks subject matter jurisdiction over this action because Randolph, a union employee, failed to exhaust the mandatory grievance procedures under the Labor Agreement. Defendants also contend that summary judgment must be granted against the individual defendants because as a matter of law, Title VII does not provide for personal liability against an individual but only for liability against an employer. Finally, Defendants contend that the Complaint fails to state a claim against Defendant William Lancaster.

 II. LEGAL STANDARD.

 Rule 12(b) of the Federal Rules of Civil Procedure provides that if, on a motion to dismiss, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Fed. R. Civ. Proc. 56. Because Defendants' Motion requires us to consider the Labor Agreement in rendering a ...


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