Howard Hubbard was told, in writing, by the Detroit Public Schools that he would not be re-hired the following school year. He was told that his performance was inadequate. Hubbard argued that as a 20-year employee, he was subject to the Teacher Tenure Act entitled to procedural protections, and sought an administrative resolution under union rules. The Administrative Law Judge (ALJ) concluded that Hubbard would not be entitled to TTA protections until the following year. On that basis, he concluded that the School System was within its rights to fire him without longer notice or a due process hearing.
Continue reading "Michigan Supreme Court overturns lower court in tenure case" »
For more than 20 years, the Macomb County Road Commision and the 16thJudicial Circuit Court calculated retirement benefits based on a statistical assumption that essentially maximized the cost and the benefit to retirees. In essence, in order to address differences in gender life expectancies, while not discriminating against either men or women, the pensions were calculated on the assumption that all women would select the "joint and survivor" pension option, but that no men would. This assumption resulted in a higher benefit calculation for men and women, and it was adopted despite the express warning by actuaries in 1982 that it would increase pension costs.
Continue reading "Court majority upholds decision that calculation of pension benefits is subject to collective bargaining agreement" »
Juanita Knight was the an animal control officer in Lake County for 16 years. She agitated for more appropriate furniture for the waiting room of the animal control shelter and eventually a used couch with a $50.00 value was donated for use by persons investigating adoption of animals. Knight considered the sofa inappropriate for use in this setting, took it home, and replaced it with several pieces that she considered more conducive to public use and maintenance. The Sheriff accused her of conversion and fired her, despite her willingness to return the sofa to the Department.
Continue reading "Court enforces arbitrator's decision which Lake County Sheriff attempted to subvert" »
Barbara Lundy sued Thyssen Krupp Steel, arguing that she was terminated from her employment as a result of age and gender disrimination. Lundy had worked for Thyssen Krupp for ten years and had worked as a Line Inspector for seven years. Thyssen Krupp supervisors built a record of progressive discipline directed at Lundy's alleged failure to adequately comply with Chrysler-imposed quality obligations. Lundy filed union grievances, but lost them and did not appeal. After termination, she filed suit and provided an affidavit from a former supervisor, raising factual claims of a vendetta against her by her current supervisor.
Continue reading "Union worker cannot prove employer had ulterior motive in firing" »
James Price is a union worker who became totally disabled in 1990. All parties agree that he was elgible for disability benefits at that time and that he remains totally disabled from his occupation. Nevertheless, in 2005 the Trustees of his multi-employer ERISA benefit plan amended the plan to limit workers to two years of occupational disability benefits, commencing December 31 of 2006. On that date, Price stopped receiving disability payments. He filed suit alleging that his benefits had "vested," making the premature discontinuation of benefits a violation of ERISA law.
Continue reading "Disabled union worker loses benefits when plan is amended 16 years later" »
Robert Skrzypczak, a safety engineer, was employed by Wayne County to investigate the increase in assaults by residents upon staff employees at its Juvenile Detention Facility. The County eventually decided that Skrzypczak was too cozy with Union personnel and "creating tension" between union and management. It reassigned him, and ultimately terminated his employment. He sued, alleging that the County's termination constituted a violation of the Public Employee Relations Act.
Continue reading "Wayne County firing of Safety Engineer is upheld" »