TOV.WrongfulTermination&Discrimination

Sixth Circuit enforces NLRB ruling granting back pay to employee fired for union activity

the NLRB sued the Jackson Hospital Corporation to force the Hospital to pay back-pay to eight employees fired because of their support for a union.  Ultlimately, the claims were paid with the exception of Melissa Turner whom the Hospital continued to resist paying.  On January 31 of 2012, the unanimous court ruled that the NLRB order should be enforced and granted Turner back pay.  It concluded that the Hopital's excuses for failing to re-hire the radiology tech were not supported by competent evidence.

City cannot change call-back rules after lay-off

The City of Frankfort  sued the Police Officers Association of Michigan, seeking to overturn an arbitrator's award in favor of a laid-off patrolman.  The officer was laid-off at a time when the collective bargaining agreement (CBA) provided him with unlimited seniority rights for call-back.  During the lay-off period, however, the CBA was changed to limit to twelve months the time period during which an employee was subject to call-back.  During the negotiations of the CBA, the Union informed the City that it would acquiesce in this change if the immediately affected officer was exempted, and the City did not reply.

After amendment, however, the City attempted to apply the CBA to its previously laid-off employee.  The arbitrator rejected this effort and first the Circuit Court and this week the Court of Appeals upheld his decision.

Michigan Supreme Court overturns lower court in tenure case

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.

Worker attempting to negotiate terms of re-hire is not union member

Donald Hooks filed unfair labor charges against the Detroit Department of Water And Sewerage and AFSCME Council 25.  Hooks had been offered a job by the Department two years after a voluntary resignation.  He attempted to negotiate a midnight shift and uniform items, and did not report for work.  The Department treated him as a repeat "voluntary quit" and the Union failed to pursue a grievance.  The Court held that Hooks was a "mere job applicant" at this stage, and not a member of the Union to whom a duty of representation was owed.  Furthermore, having never reported for work, and not having been engaged in union activity, Hooks could not claim his an illegal discharge.

Court majority upholds decision that calculation of pension benefits is subject to collective bargaining agreement

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.

Court enforces arbitrator's decision which Lake County Sheriff attempted to subvert

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. 

Judge rules WalMart can fire employee with brain tumor who uses medical marijuana

Joseph Casias was the Associate of the Year at Wal-Mart's Battle Creek store.  He was fired, however, after a blood test revealed marijuana in his system.  Casias has an inoperable brain tumor and secured a medical marijuana card to obtain marijuana for palliative purposes.  The Federal Judge held that Michigan's medical marijuana law does not "trump" an employer's right to ban the use of dope--even outside the workplace. 

Casias claimed that he only used the drug after-hours and there was no conflicting testimony to suggest that he was ever intoxicated at work.  The judge concluded that it was unnecessary for Wal Mart to prove that Casias used the drug at work:  he held that the employer has the right to terminate an employee's employment simply for acknowledging use or failing a drug test [that may show the presence of the drug in an employee's system for 30 days or more]. 

Casias' attorneys pointed out that persons with serious medical problems should not be forced to elect between gainful employment and adequate pain relief.

Union worker cannot prove employer had ulterior motive in firing

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. 

Disabled union worker loses benefits when plan is amended 16 years later

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.

Wayne County firing of Safety Engineer is upheld

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.