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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4523
Experience:  Exclusively practice labor and employment law.
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I have worked Arcelormittal for 39 years. I went on sick

Customer Question

I have worked Arcelormittal for 39 years. I went on sick leave on 5/31 to have a joint replacement in my big toe. I have fullfilled all of the requirements required by the company during this absence. Today I received a certified letter in the mail that as of July 29th I have been given a 5 day suspension subject to termination. I have 5 days to appeal this which was yesterday. A day after I received the letter. I have not had any performance or absentee issues during my career. They are taking away my pension and healthcare benefits. My union rep is going to contact Labor Relations tomorrow to request a hearing. This is against our labor law practices. What legal actions can I pursue?
Submitted: 4 months ago.
Category: Employment Law
Expert:  John replied 4 months ago.

You may be able to independently pursue a Family and Medical Leave Act claim against the employer. You are supposed to have 3 months leave and your job guaranteed upon return. But some labor contracts make all such claims subject to the contracts dispute resolution process. So the contract grievance process may be your only remedy, which would be rare, but possible due to Supreme Court precedent.

Expert:  John replied 4 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 4 months ago.
I am a salaried employee so I collec
Customer: replied 4 months ago.
I am salary so I collect my full pay and continuation of service during sick leave. No pay is collected with FMLA. I am disappointed in your response. I will try NLRB
Expert:  John replied 4 months ago.

You individually cannot file with the NLRB as the union is your exclusive agent in regard to labor relations. Nor is there a NLRB issue if the matter is strictly contract interpretation. The union could claim the employer is essentially ignoring the contract, which is an unfair labor practice, in terminating you but if there is any rational way the employer could interpret the agreement to allow termination then the union would lose that claim. Good luck with the matter in any event.