United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION
FOR SUMMARY JUDGMENT (DOC. 13) AND DISMISSING CASE
AVERN COHN UNITED STATES DISTRICT JUDGE.
an employment case. Plaintiff Lewynn Boyd, proceeding pro se,
claims that defendant, the University of Detroit Mercy,
violated the Family Medical Leave Act (FMLA) by interfering
with his FMLA rights, retaliating against him for attempting
to take FMLA leave, and eventually terminating him.
the Court is defendant's motion for summary judgment on
the grounds that there is no evidence to support
plaintiff's FMLA claims. For the reasons that follow, the
motion is GRANTED.
material facts as gleaned from the parties' papers
began working at Defendant's Mail Delivery Services
Department in 2006. He was a member of the International
Union of Operating Engineers Local 324 (Union).
after Plaintiff began his employment, he began having
performance problems which including tardiness, absences,
clocking in at unauthorized work locations, and repeated
unauthorized departures from campus. He received progressive
counseling and discipline for those issues, which were
documented. Some instances were as follows:
- Administrative Counseling for tardiness August 2007,
Written Reprimand for tardiness November 2007, one day
suspension for tardiness December 2007, one day suspension
for work rule violation misappropriation of property (mail),
one day suspension without pay for attendance February 2009
and a three day suspension for attendance and tardiness May
- During a 5-month period (6/1/09-10/30/09) Plaintiff had 32
- A one-month audit of the Ceridian Time Clock system
confirmed that Plaintiff punched into the system at an
unassigned location 7 of the 26 work days that month.
Plaintiff had been instructed only to clock in at his work
location, since there were numerous instances (67), when he
had clocked in on his personal electronic device.
- The card access system indicates Plaintiff entering the
campus after logging in on 20 days in September and October
- The card access system also indicated several unauthorized
departures from the Corktown campus during working hours.
These departures were beyond any break or lunch time frames.
Plaintiff received a five-day suspension without pay
effective November 4, 2009. After an investigation, the
suspension was changed to a termination effective November
his 2009 termination, Plaintiff filed a grievance. In
arbitration, the Union and Defendant agreed that Plaintiff
would receive a suspension from November 5, 2009 through
February 17, 2010 without pay and without benefits. At that
time, Plaintiff and Defendant entered into a Last Chance
Agreement (LCA) which provided that during the 24 months
following reinstatement any act of insubordination,
unsatisfactory work performance (including attendance and
tardiness issues), or disruptive behavior would result in
immediate termination of Plaintiff's employment with no
right of recourse to the grievance procedure.
after entering into the LCA, Plaintiff had documented tardies
on March 16, June 14, and June 26, 2010. Although Plaintiff