PATRICIA HARRIS, Complainant,

vs.

ALCOA ALUMINUM CO. OF AMER., DAVENPORT, IOWA and PITTSBURGH, PA., Respondent.

FINDINGS OF FACT

1. The Complainant, Patricia Harris, timely filed verified complaint CP# 12-84-12367 with the Iowa Civil Rights Commission on or about November 19, 1984, alleging a violation of Iowa Code section 601A.6, discrimination in employment on the basis of race in that she was terminated by Respondent, Alcoa Aluminum.

2. An amendment adding sex as a basis was filed; objection to the amendment was filed; the complaint was investigated, probable cause found, conciliation attempted but failed. Notice of Hearing was issued on December 30, 1986.

3. Harris was hired by Alcoa on August 20, 1984, as a laborer in the plate mill. Her duties were primarily clean-up but she also helped with the hooks. The supervisor assigned the department and unit of work at the beginning of the shift, then the foreman would designate the task which was to be done.

4. There was a 75 day probationary period. A Probationary Review Report was to be completed when a new employee reached 25 calendar days and again after 60 days. Harris's 25 day review was all 'satisfactory". Her 60 day review, which she denies ever seeing, indicated three areas which were unsatisfactory, i.e., conduct, work habits and dependability. Two areas, attendance and safety rules, were satisfactory. A Norm Mitchell did the first report; Dale Labath did the second report. The notation on the second report was as follows: "Hasn't shown improvement on saws and is hesitate (sic) and slow while working on saws. Has problems taking instructions from hourly help. " Harris was terminated on October 31,1984.

5. Harris alleges that she did not receive help in working on the saws and that when she asked for help, particularly from Steve Crane, she was refused. (Transcript 43).

6. Prior to working for Alcoa, Harris had worked for John Deere. This included working in the foundry with various size tractor parts, some very heavy.

7. Thomas Gillum, an employee of Alcoa for 10 years, was an overhead crane operator during the time at issue. The work team includes a laborer, who receives the piece of metal, sets it against the stops, and cleans the saw. The helper figures out what metal is going in, then sends it in, and assists in setting the metal down on the sawbed so the operator can cut it. The laborer, when the metal is cut, hooks it up with hooks lowered by the crane operator and the helper sends the metal to the next area. Gillum said the hooks are dangerous and workers should act cautiously. He indicated that new employees are identified for the first 30 days by a green cross on their hard hats. Harris was a member of the crew on which Gillum worked for a couple of weeks. He testified that she was as scared as any new employee when she worked with the hooks. He also testified that she appeared to need help when she worked with the #1 Tysaman saw. Gillum stated that Harris spent a lot of time, more than usual, on cleanup. He also said that he was given a lot of help when he was hired. Gillum testified that for the time that he was able to observe her, Harris was not helped like the other people, that she was not given a fair chance to learn the sawbed. The record indicates that Harris worked with the #1 Tysaman on October 8 and again on October 16, 17, 18, and 19 (See Respondent's Exhibit 5), the day immediately prior to her termination.

8. Vickie Milton, a Black female, worked with Harris for two days and testified that she was doing good work. That occurred on August 29 and 30.

9. David Anderson, an employee of Alcoa for 29 years, worked as a crane operator during the time at issue. The crane operators move the loads of metal in and out as needed. He did not work directly with Harris but was in a position to observe her when she worked an the #1 Tysaman. Based on his experience in years of working with the saws, he stated he knew that Harris did not get the instruction and help that she needed. He testified that the night before, a white female, received "all kinds of help." He testified that, after Steve Crane showed Harris what to do he just walked off and left her to do it alone. Anderson also testified that he spoke to Dorothy Sprung, a unit supervisor, about what was happening.

10. Had Complainant not been terminated, she would have been laid off on September 29, 1985 and probably recalled on May 11, 1987.


11. Harris was terminated from her job as of October 31, 1984.

12. Harris received $441.00 in unemployment compensation in 1984 after her termination. She started work for Lifecare Centers beginning on May 15, 1986 and is currently employed there.

13. Dale Labath, shift supervisor for Alcoa for about five years including the time at issue, testified that a daily record is kept by the unit supervisors on probationary employees. New employees are assigned to various machines. Improvement is expected during this period. The shift supervisor reviews the comments made by the unit supervisor at the 30 & 60 day review periods. The daily report provides for recording the day, date, station, "poor, fair, good, excellent' rating, and comments/initials. Harris's ratings were all "good" except for 6 "fair" ratings; 4 of the "fair' ratings were on the Tysaman saws and occurred on October 16, 17, 20 and 24. Harris was introduced to the #1 Tysaman on August 22 her third day at work and then worked on that saw on August 27, but did not work on that saw again until October 8, when the unit supervisor noted that she, "had a lot to learn." The next time she worked on the #1 Tysaman was October 16 when she received her first "fair" rating.

14. A saw crew consists of a saw operator, crane operator, helper and laborer. Harris worked as a laborer.

15. Labath is the shift supervisor who terminated Harris. He had not spoken to her prior to the time of her termination. (Tr. p. 131).

16. A white male, Eugene Asleson, was also hired by Alcoa on August 20, 1984. He was terminated on October 29, 1984. He had "good" ratings except for 10 "fair" ratings. On September 6, 1984, Labath talked with Asleson about his performance, that he would have to improve or they would have to let him go. Labath also talked with him on 10/29/84, when he was terminated. Asleson did not improve after he was warned that he must improve or be let go. He was observed on the date of termination being told what to do by an employee who had only been there two weeks. The unit supervisor also noted that Asleson was "looking for a seat instead of picking up scrap," on that same night.

17. Dorothy Sprung was an employee of Alcoa and unit supervisor over Harris beginning on October 1, 1984. According to Sprung, a laborer who works on a saw is aware of what alloy they are working on, they hook and unhook the metal on the sawbed, sweep off the chips to get ready for the next load, position the loads on the sawbed, and direct the crane operator with hand and eye signals. Sprung testified that Harris performed good on the leveler and stretcher, but her work on the saws was unsatisfactory. She testified that Harris had her back to the crane operator and was slow in placing the hooks because she walked all the way around instead of over the top. Sprung became aware of this problem when she was approached by a co-worker of Harris, a Steve Crane. Crane told Sprung that Harris wouldn't follow directions and wasn't doing her job. He told her that he tried to help her and she would do something else. Sprung testified that she then observed her more closely and noted that she worked with her back to the crane operator, an unsafe position. Sprung said she personally tried to help Harris by showing her how to do it correctly and that Harris said she understood and then went back to doing it the wrong way. Hams worked for Sprung for 12 out of the 73 days, which included 5 times on the saws. Two out of the 4 "fair" ratings on the saw were given by Sprung and 1 "fair" rating on the leveler. Sprung noted the problems she believed Harris was having on October 8, 16, 17, 18 and 19 (See Respondent's Exhibit 10).

18. Roger Strefling, employee of Alcoa and unit supervisor over Harris for 3 days, i.e., October 7, 13, 20, testified that Harris's performance on the 7th was "up and ready to go," on the 13th her performance was "very good;" but on the 20th, be was not satisfied because she had to be told to remove the scrap from the sawbed. On the 20th, he rated Harris "fair;" the other 2 days, he rated her "good." The "fair" rating was after the 60 day evaluation.

19. Clarence Hillard, Shift supervisor during the time at issue was the person who terminated Asleson and the person who was over Harris's unit supervisor, Sprung. Hillard testified that he talked with Harris about her performance on October 18 and noted that on the bottom of page 2 of Harris's daily report. (Respondent's Exhibit 5). He did not personally observe Harris's work.