Grady M. STROMAN, Plaintiff-Appellee, v. WEST COAST GROCERY COMPANY, Defendant-Appellant

West Coast Grocery Company (West Coast) appeals from a judgment entered against it after a bench trial in this action under 42 U.S.C. § 2000e (1982) brought by appellee Grady Michael Stroman. The district court held that Stroman was denied training for a supervisory position because he was black. The court also held that Stroman was constructively discharged as a result of the actions of several of Stro-man’s supervisors. The court awarded Stroman $291,445.88 in back and front pay. We reverse the district court’s judgment because Stroman’s suit was barred by the terms of the release agreement entered into by Stroman and West Coast.

I

Stroman began working with West Coast as a part time order selector on January 15, 1981. Stroman’s job as an order selector consisted of identifying pallets of groceries in West Coast’s warehouse and transporting the pallets to different shipping locations throughout the warehouse. He was switched to full time on September 28, 1981.

*460 Beginning in early 1982 Stroman made repeated requests to be trained for a position as a grocery warehouse supervisor in the scheduling office. An employee generally had to be recommended by his supervisors for…

dissenting in part:

I agree that the economic layoff agreement was sufficient to waive Stroman’s Title VII claims. I dissent, however, from the majority’s factual determination that Stroman waived his Title VII rights knowingly and voluntarily.

When an appellate court determines that a lower court made findings based upon an erroneous view of the law, the appellate court may not make contrary findings but must remand for new findings to be made in the light of the correct rule of law. Pullman-Standard, v. Swint, 456 U.S. 273 , 102 S.Ct. 1781 , 72 L.Ed.2d 66 (1982). This is not a game where an incorrect understanding of the law by the fact finder results in automatic granting of relief. Such a rule would require inefficient use of limited resources because the district court would have to make factual determinations in every case regardless of whether they are needed.

The only exception to that rule is if “the record permits only one resolution of the factual issue”. Id. citing Kelley v. Southern Pacific Co., 419 U.S. 318, 331-332, 95 S.Ct. 472, 479-80 , 42 L.Ed.2d 498 (1974). The majority presumes that Stroman waived his Title VII rights knowingly and voluntarily but I do not…

884 F.2d 458 50 Fair Empl.Prac.Cas. 1204 , 51 Empl. Prac. Dec. P 39,293 Grady M. STROMAN, Plaintiff-Appellee, v. WEST COAST GROCERY COMPANY, Defendant-Appellant. No. 88-3815. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 12, 1989. Decided Aug. 31, 1989. Timothy J. Whitters, Seattle, Wash., for defendant-appellant. J. Michael Gallagher, Seattle, Wash., for plaintiff-appellee. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT, TANG and WIGGINS, Circuit Judges. WIGGINS, Circuit Judge: 1 West Coast Grocery Company (West Coast) appeals from a judgment entered against it after a bench trial in this action under 42 U.S.C. Sec. 2000e (1982) brought by appellee Grady Michael Stroman. The district court held that Stroman was denied training for a supervisory position because he was black. The court also held that Stroman was constructively discharged as a result of the actions of several of Stroman's supervisors. The court awarded Stroman $291,445.88 in back and front pay. We reverse the district court's judgment because Stroman's suit was barred by the terms of the release agreement entered into by Stroman and West…