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J

jjessen

Guest
What is the name of your state? Minnesota

My boyfriend was hired at a company over 2 yrs ago. He was hired to work in "heat treat". He is also on FMLA for migraine headaches which he gets frequently. Certain smells and chemicals increase the frequency of his migraines. He has been to several doctors for his condition (even at the request of his employer), but because of his long history of this condition, there is nothing that can be done to take his FMLA away from him. He also has some psychological problems such as severe anxiety, where he cannot be around people or even go places (restaurants, stores, etc.). He has tried to commit suicide 3 times in the past, etc. One of the reasons he picked the position he did 2 yrs ago is that there is not many people in that department and it is very physical labor, which he enjoys. He pays child support for 2 children and carries health insurance on 3 children. He makes a little over $15/hr. He has been told several times that he is the "backbone" of the heat treat department--getting out more orders than any other ee's consistently. There is also a labor union involved.

Over the past few months, the company has gone through a lot of changes. There used to be 3 shifts (6:30-3:00, 2:30-10:00, 9:30-7:00). The overnight shift had been eliminated, forcing those employee's to seek other positions within the company. The reason that he works the day shift is because he has partial custody of his youngest son and if he were to work in the pm, he would have to pay for daycare, which he cannot afford. As a result of the restructuring, he has been told that he is being forced to take a position that he knows he will not be able to do. I don't know the technical term for the job, but what it entails is that there is a certain machine that has to be kept at certain settings and if the setting is off even 1/1000th of a setting, all the drill bits that went through would be bad. Not only can he not read the machine, but there is a constant spray of oil and water that comes down and the smell alone would cause him to have a migraine. The position itself is out on the floor where he around a lot of people. And the aptitude test that he took when he first started, "disqualified" him from doing those technical jobs. Anything else is either part time, or to low in pay to where he would be taking about a $6/hr paycut.

There is someone back in the heat treat department, that is not technically suppose to be back there, because she was only there to cover for someone as they were out on leave. That person has requested to get the job back that she is classified in, so that he could have his job back, but has been denied that request. The person that took his job did not have any experience in the heat treat area.

He has told his supervisors that he is incapable of doing the job that they are demanding that he do. He told them that if need be, he would go to the doctor so she could describe his condition to them. They have told him that it doesn't matter and either he will have to take the position or quit the company.

Is there anything that he can do?
 


JETX

Senior Member
Since there is (apparently) a union involved, that somewhat alters the 'normal' legal issues (due to the collective bargaining agreement).

What does the union say regarding this situation??
 
J

jjessen

Guest
This is where the whole situation gets really weird. They have what they call "union stewards", which really don't do a whole lot of anything. Then they have like the "head" union person at his work. 2 weeks ago, someone put a confidential file on the "head" union guys desk (that had to do with profit sharing--union members vs. non-union members) and it is unknown who put that file there. The man was escorted off the employers premises and there is an investigation pending termination.

He called someone from the union yesterday. And they pretty much told him that as long as the company was "sticking to the contract", there was nothing they could do...especially since he had not been fired.

However, if he has certain disabilities (both physical and mental) that will not allow him to perform the duties of that job, how can they make him take it? Union or no union, wouldn't federal ADA guidelines have to be met? If he is not able to do the other jobs, but can perform the job he was hired for without any special accomodations, and he is more experienced than other ee's (whether or not they have more seniority in the company per se), shouldn't they have to make some kind of an allowance for that? Don't they still have to go through some kind of an interactive process if they know of his physical and mental disabilities?
 

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