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Williams v. Mackie Automotive Systems8/16/2005
UNPUBLISHED
Before: Neff, P.J., and Smolenski and Talbot, JJ.
Plaintiff appeals as of right the trial court's grant of summary disposition in favor of defendants, Mackie Automotive Systems (Detroit), Inc. (Mackie), TDS Logistics, Inc. (TDS Logistics), and TDS Automotive U.S., Inc. (TDS Automotive), on his Whistleblowers' Protection Act (WPA) claim. We reverse and remand.
I. Factual Background and Procedural History
Plaintiff began working for defendants in March of 2000. Plaintiff testified at his deposition that he was initially a union representative and later a union chairman. As part of his duties as a union representative, plaintiff said he filed grievances on behalf of other employees. Plaintiff stated he filed a complaint against defendants with the Michigan Occupational Safety and Health Administration (MIOSHA) in July of 2000. After filing this complaint and bringing other safety issues to management's attention, plaintiff said he was asked if he would like to join the safety committee, which he did.
In June of 2001, plaintiff filed a grievance with defendants regarding various safety issues. John Bowen testified at his deposition that, when he, plaintiff and James Scott were talking to Robert Williams, the regional human resources manager, about the grievance, [Williams] got mad a us, so mad that his face turned red and he jumped up. We thought he was going to attack us, you know. And he said, "What the F are you trying to do here?" He says, "Are you trying to close this plant or something?" and pushed us right out the door.
James Scott described this same encounter with Williams: ". . . we went upstairs, all of us. And we was having a lot of problems getting things fixed and Greg [plaintiff] told him he called OSHA and told them about it, and that's when he [Williams] said . . . . 'What the fuck did you do that for? You know, all you're going to do is cause a lot of trouble.'" Scott testified that Williams' directed this statement to plaintiff. He further stated that Williams was visibly angry.
Plaintiff stated in his deposition that, on August 3, 2001, he reported another safety incident involving a compactor to the operations manager, Nick Bader. Plaintiff said he later filed a grievance regarding that incident because the supervisor involved had not been disciplined. The grievance, dated August 6, 2001, stated plaintiff would file a complaint with MIOSHA about the compactor incident and other safety issues. On August 8, 2001, plaintiff testified he attended a safety committee meeting before his scheduled shift. Upon the conclusion of this meeting, plaintiff said he told Mitchell Greenwald, the human resources manager, that he had contacted MIOSHA regarding the safety issues.
Plaintiff returned to work later that same day for his scheduled shift. During his shift, plaintiff stated he dropped a tote he was attempting to move with his Hi-Lo. After reporting the incident, plaintiff was told to report to the hospital for drug testing. Plaintiff said he went for testing, but the hospital refused to test him. He also stated that the hospital's therapist told him to report to the company clinic.
Margaret Isbell, a respiratory therapist at the hospital, testified that she asked plaintiff why he was at the hospital and he said he did not know. She also said she asked him if an accident had occurred and he said, "No, nothing happened." Isbell testified that she told plaintiff, "Well, if it's just routine or something, you could go to Premier Health in the morning." Isbell also said she offered to contact plaintiff's employer to clear up the situation, but he refused to wait.
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