By Ray King
The Arkansas Court of Appeals ruled this week that Jefferson County Circuit Judge Rob Wyatt was correct when he dismissed a racial discrimination complaint filed against Twin Rivers of Pine Bluff.
Marvi Lewis Jr., filed the initial complaint with the Equal Employment Opportunity Commission in 2021, alleging he had been hired in 2013 and in 2021 applied for a position as a Journeyman III (millwright) position that had been advertised. He said he was told he was not selected for the position because he did not meet the qualifications and believed he had been the victim of racial discrimination.
The company later changed the posting to reflect the available positions were for a Journeyman I (entry level position).
According to the complaint, Journeyman III requires applicants to be certified in two secondary crafts as provided in the collective bargaining agreement between the company and its unions. Two white males, neither of whom previously worked for the company were hired.
Lewis claimed he was not hired because he did not have either a four-year apprenticeship or at least five years of industrial millwright or the equivalent training or work experience. The collective bargaining agreement however only requires formal training or work experience and Lewis said although he was not formally trained as a millwright, he had relevant work experience to be a Journeyman I millwright by having worked in different departments at the mill.
A third position, the one Lewis is claiming was racial discrimination, was filled without being posted. Jason Burnett, who is white, was hired as a Journeyman I, an entry level position and Lewis said he was clearly more qualified that Burnett, who was 19-years-old and his age made it impossible for him to have either undergone a five -year apprenticeship program or have the work experience requirement.
In the appeals court ruling, Judge Waymond Brown wrote that Lewis failed to state facts showing that he was qualified for the position, claiming only that he had assisted the different grades of Journeymen and had performed certain actions with the machinery at the plant. Lewis also did not show how he and Burnett were similarly situated. In fact he claimed he was more qualified than Burnett.
Brown wrote that complaint must state facts, not mere conclusions to be entitled for relief. While we treat the facts as alleged as true, we do not treat the party’s theories, speculations or statutory interpretations as such. Allegations that are speculative and conclusory are always properly dismissed.
