ABF | The Sign said

My own case years ago (which I won in court) was based on this precedent. Interesting read if anyone is interested.

Belardinelli v. Werner Continental, Inc.


Good read, was always told, it's job abandonment if refuse work, Unless for health or safety reasons
 
My own case years ago (which I won in court) was based on this precedent. Interesting read if anyone is interested.

Belardinelli v. Werner Continental, Inc.


We had 2 similar cases that never got to the committee, the company agreed to put them back to work.
One got backpay, can't recall about the other.
I just read the last paragraph, my condenser shorted out.
 
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Unless there have been changes I'm not aware of, refusal of work assignment is not one of the contractually enumerated reasons for immediate discharge. Don't know how this can possibly be upheld.
For what it’s worth, check out “Article 42; SENORITY” in the Southern Conference Supplement and “Article 44; Discharge or Suspension” in the Central Pa Supplement. They both seem to have language for refusal of work assignment….
 
Management has no chance of winning that. They just gave him some free paid days.
Absolutely. They will offer to bring him back once it gets to corporate. That was just cold-blooded. I remember a driver they allowed back after he threatened a dispatcher with a tire thumper in Seattle. It was different management back then , though. This would have been in the early 90's IIRC. I was steward back then. We wrote his grievance up and I collected money to send him to JWAC in Phoenix and he got his job back. They talked to him during the deliberations and worked it out. Had he not gone in person, I doubt it would have happened though. They deadlocked at the 1st grievance hearing in Portland. What was really bad was she was a female dispatcher. Oh yeah! He just talked to her while tapping her on the chest with his tire thumper. Not good optics, I admit. Yeah, John was kind of hot-headed, but she was a certified b****. Rick Porter was their IR man back then and I think he was familiar with her reputation as a tyrant. She was a fox, and knew it. I always got along with her, but she knew I lusted after her. I've always been cursed with low morals. Funny thing, after John came back to work, he and she never became fishing buddies... They later fired her for the way she talked to customers on city dispatch. The above is absolutely true.... I do not recommend anyone trying to do that now though.
 
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