 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Flores v. Mobil Corp.1/31/2002
rm disability benefits are due to expire, Mobil's practice is to again assess whether there exist vacant positions within the employee's bargaining unit that the injured employee can perform with or without reasonable accommodation. If no position exists, the employee may apply for long-term disability benefits (if the employee was participating in the long term disability plan) and his employment with Mobil is terminated. Long term disability benefits equal one half of an employee's base pay and may continue through retirement age."
At his deposition, human resources adviser Scott D. Brase explained defendant's practice in more detail: "What our practice would be is to take [the permanent and stationary determination] from the Medical Department and then I would go to just beginning an ever expanding search, start with their immediate supervisor in their own job and ask them if they could perform that job given these restrictions. If the answer were no, I would ask is there an accommodation of any nature that you think could be reasonably made that would allow them to perform this job with these restrictions. If the answer to that is no, then I search through initially their bargaining unit for vacant positions and then beyond the bargaining unit to other hourly represented jobs in two other bargaining units that we have and then finally into managerial positions if the person were qualified just to see if there were any open jobs that they were qualified for that would still tolerate the restrictions." Mr. Brase testified these practices were followed in plaintiff's case.
Plaintiff was temporarily disabled for 20 months, from August 1996 to April 1998. Defendant accommodated plaintiff's disability by creating light duty work for him in the refinery warehouse. Plaintiff engaged in clerical duties, work order processing, and computer operation. These were tasks plaintiff could perform while seated. The duties assigned to plaintiff were a portion of the work normally performed by warehouse employees.
Plaintiff took two to three weeks leave in February 1997 and six weeks leave in September 1997 for two separate knee surgeries. Between surgeries, and again following the second surgery, plaintiff missed three half-days of work a week to undergo physical therapy. During this time, defendant continued to classify plaintiff as a pipe fitter. Defendant paid plaintiff at the higher rate of pay for a pipe fitter rather than the lower compensation paid to warehouse employees. Following his surgeries in 1997 and continuing to at least January 2000, plaintiff's injury prevented him from standing or walking for extended periods of time. In addition, plaintiff could not perform repetitive kneeling, squatting, crawling, or climbing.
Under the contract between defendant and plaintiff's union, bargaining unit vacancies were filled through job bidding. Pursuant to union contract, any employee within a unit could bid on a posted job opening. Open positions were to be awarded to the employee with the most seniority among those submitting bids for the position. In addition to seniority, it was necessary the employee bidding for the position have "the fitness and ability to efficiently perform the duties of the new job on his own responsibility under normal supervision."
In June 1997, while plaintiff was on temporary light duty, and following the first of his two surgeries, a warehouse position was posted for bid. Plaintiff believed the job was posted in December 1997 or January 1998. Defendant presented evidence the position was posted in June 1997. The position ultimately was awarded to an employee with less seniority than plaintiff. Because he believed that defendant's policy
Page 1 2 3 4 5 6 7 8 California Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|