It's extremely difficult.
I had a case of a female pre-loader (injuries on the job) who could no longer raise an arm, to lift pkgs to the
top shelf in a pkg car. Got it deadlocked all the way to the National Health & Safety committee. They limited what
I was allowed to present, including other similar arbitration cases in which the ADA request was granted.
The Union chairman of the Panel (while in executive session) came out in to the hall, and explained he could deadlock
the case to arbitration.... but I would lose the case and it would cost my Local about $5000.00.
The Local Union President was with me.
I asked him what I should do. Without hesitating.... he asked me if I was going to spend the members money on
a case that I couldn't win. Had to make the best decision.
There is a well known case out of California, in which an employee lost an arm, after getting it caught in a conveyor belt.
He got no accommodation. When the ADA laws first came out (1993 ?) everyone was being granted accommodations.
Big business (like UPS) petitioned the Federal government because it was creating an "undue financial hardship" on them.
Best thing to do.... is file for the request and follow up through the grievance procedure.
That's the option and procedure.
-Bug-
