down and stop being a wise ass." Id. at 57.
At no time during the February 1997 letter-sort incident, nor
at any other time, did Zaranski make racial or ethnic comments to
Young. See id. at 83.*fn7 Young never reported the letter-sort
incident to Patterson. Young did complain to supervisors Tom
Grimaldi and Bernie Hamilton. She told them that "[Zaranski was]
being ridiculous. What does this guy want? He's working us too
hard." Id. at 86. Young did not, however, tell either Hamilton
or Grimaldi that she believed Zaranski's actions were racially
motivated. See id. Young also mentioned the incident to Curtis,
but she never asked Curtis to file a grievance on her behalf.
See id. at 88-89. Young filed a charge of discrimination with
the EEOC on January 22, 1998, eleven months after her February
1997 altercation with Zaranski. See Def. 56.1 ¶ 40; Young EEOC
Charge of Discrimination, Ex. D to Borden Decl.
5. Renee Hatch
Each delivery a courier makes along his or her route is called
a "stop". See 2/12/99 Deposition of Renee Hatch ("Hatch Dep.")
at 45-46. In February 1997, Hatch was assigned a new route in
Bronxville, New York. See id. at 45. Two weeks after Hatch
started her new route, Zaranski told Hatch that she needed to
make thirteen stops per hour. See id. Hatch was unable to meet
this requirement; she could not maintain a rate of thirteen stops
per hour on the new route. See id. at 46. As a result, Zaranski
wrote a disciplinary letter citing Hatch for insubordination and
lack of productivity. See id. at 44-46. The letter was placed
in Hatch's personnel file. See id.
At no time did Zaranski ever make any racial comments to Hatch.
See id. at 151-52. Hatch did not report the 13-stop incident to
Patterson or to any other supervisor. See id. at 171, 189.
Hatch did complain to Curtis, although she was unsure whether he
filed a grievance on her behalf. See id. Hatch filed a charge
of discrimination with the EEOC on January 22, 1998, eleven
months after her February 1997 altercation with Zaranski. See
Def. 56.1 ¶ 44; Hatch EEOC Charge of Discrimination, Ex. D to
6. Patrick Thomas
On August 6, 1997, Thomas began his shift at the Elmsford
facility at 7:15 a.m. Def. 56.1 ¶ 45. When he arrived at work,
Thomas was "feeling fine." See 2/8/99 Deposition of Patrick
Thomas ("Thomas Dep.") at 17-18. About thirty minutes after
Thomas started sorting mail, Curtis handed him a disciplinary
letter from Zaranski. See id. at 22-24. The letter cited Thomas
for "careless and neglectful performance". See 8/6/97 Step IV
Letter from Zaranski to Thomas ("8/6/97 Letter"), Ex. E to Borden
Decl. Apparently, Thomas had failed to meet his previously
demonstrated rate of deliveries and his required "wrap time" —
the time in which drivers are expected to complete their total
deliveries. See id.; Def. 56.1 ¶ 47; Thomas Dep. at 17, 23.
Pursuant to the CBA, the disciplinary letter imposed a three-day
suspension. See 8/6/97 Letter, Ex. E to Borden Decl.; Def. 56.1
¶ 47. Thomas testified that he was upset about receiving the
letter: "I felt that this — at this point when I received this
letter, UPS was on strike. So I didn't feel this should come in
consideration of wrap time on your performance on the roads
because we had [a greater] amount of freight tha[n] we normally
would have." Thomas Dep. at 23.
About thirty minutes after Thomas received the disciplinary
letter, he began to feel ill. See id. at 24. Thomas informed
Zaranski that he was sick and wanted to go home. See id. at 16,
25. Zaranski told Thomas: "That is bullshit. . . . You blacks are
all alike, every time there is a problem
on the job, you want to go home."*fn8 Id. Both men "cursed" at
each other, and Thomas ultimately went home. See id. at 25-26.
Thomas never reported the August 6, 1997 incident to Patterson
or to any other Airborne supervisor. See id. at 32. However,
Thomas did complain to Curtis. According to Thomas, "Curtis is in
charge of [the couriers]. If we have a complaint, we make it to
him." See id. Other than during the August 6 incident, Thomas
never heard Zaranski make any racial or ethnic comments. Def.
56.1 ¶ 52. Similarly, Thomas did not experience any serious
problems with Zaranski save for the August 6 incident. See id.;
Thomas Dep. at 44-45. Thomas filed a charge of discrimination
with the EEOC on January 22, 1998, six months after the August 6
incident. See Thomas EEOC Charge of Discrimination, Ex. D to
7. Lamont Killian
Sometime during the winter of 1997, Patterson held a meeting
during which he informed the Elmsford couriers that they were not
to wear pens in their hats. See 2/5/99 Deposition of Lamont
Killian ("Killian Dep.") at 26, 29. On one occasion in August
1997, Killian was standing near the conveyor belt with a pen
tucked into his hat. See Def. 56.1 ¶ 61; Killian Dep. at 25-26.
Patterson approached Killian and reprimanded him for violating
the dress code. See Def.56.1 ¶ 61; Killian Dep. at 26.
According to Killian, Patterson made the following statements:
"[H]e told me that I'm out of uniform for having my pen in my hat
because that's what the pen holder in the shirt is for. . . . He
told me that I was no longer standing on the corner, I was
working for him." Id. at 26-27. In addition, Killian overheard
Patterson remark to an unidentified third party that Killian
"look[ed] like them guys in the videos that these kids watch,
that rap music." Id. at 28. Killian considers both the
"standing on the corner" and "rap music" statements to be racial
slurs. See id. at 31-36.*fn9 Other than these two statements,
Patterson has never made any racial comments to Killian. See
id. at 36.
On September 2, 1997, Killian had a second altercation — this
time with Zaranski. Def. 56.1 ¶ 62. On that date, Killian
received nine computers as well as several other packages to
deliver along his route. See Killian Dep. at 37-38. Killian did
not have enough room in his truck for both the packages and the
computers. See id. According to Killian, supervisor Tom
Grimaldi advised him to leave the computers in the Elmsford
facility while he delivered all of his other packages, at which
time Killian could return for the computers and make a second
delivery run. See id. at 38. Following Grimaldi's instructions,
Killian stacked six computer boxes on the passenger side of his
truck and three computer boxes behind his truck. See id. The
stacked computer boxes obstructed an adjacent walkway. See id.
While Killian was loading the non-computer freight into his
truck, Zaranski approached and told him, "Lamont, you have to
move the computers." Id. at 41. When Killian explained that he
did not have any more room in his truck, Zaranski walked away.
See id. Zaranski returned, however, and again instructed
Killian to move the computers. See id. at 42. Killian responded
as follows: "I said, `I don't have any room.' I showed him and I
told me to leave the computers here and to come back and get them
. . . so the computers are staying." Id. Zaranski left but came
back a third time and yelled, "Lamont move the fucking
computers." Id. at 42. When Killian again refused to move the
boxes, Zaranski told him to go home.*fn10 At no point during
this altercation, nor at any other time, did Zaranski make any
racial or ethnic comments to Killian. See id. at 52.
Although Killian never reported the September 2, 1997 incident
to Patterson, Killian testified that he "complained to everybody
[other than Patterson]" about Zaranski on a "daily basis." See
id. at 71-72; Pl. 56.1 ¶ 2. However, Killian's daily complaints
consisted of vague statements such as "[Zaranski] is out to get
me for some reason." See id. at 71-74. There is absolutely no
evidence that Killian ever told his supervisors that Zaranski was
discriminating against him because of his race. See id.
Killian filed a charge of discrimination with the EEOC on
January 22, 1998, five months after his August 1997 altercation
with Patterson and three months after his September 1997
altercation with Zaranski. See Killian EEOC Charge of
Discrimination, Ex. D to Borden Decl.
8. Curtis's September 2, 1997 Grievance
On September 2, 1997, Curtis filed an official grievance
against Zaranski. See 9/2/99 Local 295 Grievance Form signed by
Wayne Curtis, Ex. C to Borden Decl. The September 2 grievance
calls for Zaranski's termination citing his "[a]busive,
intimative [sic], threatening, and harassive [sic] language."
Id. The grievance lists Curtis as the sole complainant, and it
fails to set forth a single fact concerning the nature of his
complaint. See id. Indeed, the complete text of the grievance
reads as follows:
Grievance: Abusive, intimative, threatening,
and harassive language
Nature of Grievance: This has been the methods used
by  Matt Zaranski since the
beginning of his employment at
Remedy Sought: His Termination
Id. Nowhere does the grievance state that race was a motivating
factor for Zaranski's behavior or Curtis's complaint.