MICHAEL RICHARDSON, Complainant,

VS.

AMERICAN CAN COMPANY, DES MOINES, IOWA and GREENWICH, CT., Respondent.

FINDINGS OF FACT

1. The Complainant, Michael Richardson, timely filed verified complaint CP#09-83-10966 on September 19, 1983, charging American Can Company of Des Moines, Iowa and Greenwich, Connecticut, with discrimination in employment on the basis of race.

2. The complaint was amended on July 17, 1984, to change the date of termination from August 22 to August 23.

3. Investigation was completed on November 19, 1985, probable cause was found on November 22, 1985, conciliation attempted but failed and Notice of Hearing was issued on November 4, 1986.

4. Richardson started work for American Can Company in Des Moines on July 26, 1983 as a quality control tester. Richardson is a Black person and was the only Black person in the quality control department. His immediate supervisor was Nancy Favilia and his department head was Kevin Cook. Neither appeared as witness although interviews with each one by the investigator were introduced as evidence. (See Complainant's Exhibits 31 and 32).

5. Richardson was placed on probation for 30 days as is a union requirement at ACC. A performance report was done regularly by his immediate supervisor.

6. Richardson was a college graduate with a major in chemistry. He had worked in quality control at Firestone for several years prior to his job with ACC.

7. Richardson's job with ACC was working with saran, plastic bags to measure materials to make sure they would not burst under pressure. He used the microscope and two machines--the Ohmart and the Winzen.

8. Richardson's first report dated 8-1-83, was good. His second report, dated 8-12-83, indicated he had a lack of confidence and was having some problems with the microscope and Winzen. His third report, dated 8-16-83, indicated a lack of progress, a need for improvement in attitude toward work, problems with the Winzen after a review of the procedure, and comments by coworkers and supervisors that he is "arrogant." The report indicates that these matters were discussed with Richardson and that if there was no improvement, he would be "let go". Richardson admitted that the reports reflected the termination discussion except for the specific Winzen data. (see complainant's Exhibits 27, 28, 29, 30).

9. On 8-23-83, Richardson was terminated because of "performance/cooperation." He was stunned because he thought he had turned things around.

10. On 8-24-83, ACC hired Kevin Mersch, a white person, to replace Complainant.

11. For the 28 days of work with ACC, Complainant received $1465.04. He also received unemployment. (See Complainant's Exhibit 35). He was hired by AVCO on November 7, 1983 where he earned the following: 1983, $2024.43; 1984, $15,455.07; 1985, $15,546.72; 1986, $16,583.04; 1987, $5,395.33. He also worked part- time at Sears where he earned $1526.07 in 1983.

12. Complainant admits that no one made racially derogatory remarks to him at ACC nor was race mentioned in the termination meeting.

13. The Des Moines plant of ACC employed approximately 320 people. The company is an industrial supplier for flexible packaging. The saran department is one of several departments.

14. A college degree is not a requirement for the quality control tester positions.