[DOWNLOAD] "Chrysler Motors Corp. v. International Union" by United States Court of Appeals for the Seventh Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Chrysler Motors Corp. v. International Union
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 17, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

COFFEY, Circuit Judge. Chrysler Motors Corporation (""Chrysler"") discharged Ronald Gallenbeck from his position as a fork lift operator after he sexually assaulted a female co-worker. The facts of the assault are undisputed. On January 5, 1989, during a telephone conversation, Gallenbeck put down the telephone receiver, approached the female co-worker from behind, and grabbed her breasts. He then returned to the telephone and stated, ""Yup, they're real."" Pursuant to its collective bargaining agreement with Chrysler, the International Union, Allied Industrial Workers of America, AFL-CIO, and its union local (""Union"") filed a grievance protesting Gallenbeck's discharge. Chrysler denied the grievance and the matter proceeded to arbitration. Although Chrysler presented evidence to the arbitrator that on four other occasions Gallenbeck intentionally grabbed and/or pinched female coworkers, the arbitrator refused to consider these four incidents because Chrysler became aware of them only after it had discharged him.1 After examining 18 arbitration decisions involving sexual harassment, the arbitrator concluded that discharge was too severe a sanction for Gallenbeck's single transgression that the arbitrator considered, reduced the penalty from termination to a 30-day suspension, and ordered Chrysler to reinstate Gallenbeck with back pay. Chrysler then filed an action in the district court requesting that the arbitration decision be vacated as contrary to the public policy against sexual harassment in the work place. The district court affirmed the arbitration award, ruling that Chrysler ""failed to meet its burden of identifying the existence of a well defined, dominant and explicit public policy sufficiently grounded in federal or state laws and legal precedents with which the award conflicts."" 748 F. Supp. 1352, 1363 (E.D. Wis. 1990). The district court also denied the Union's request for prejudgment interest and attorneys' fees. Id. at 1363-64. The court ordered the matter returned to the arbitrator for a determination of the amount of back pay due Gallenbeck. Id. at 1365. Chrysler filed a notice of appeal from the court's decision, and the Union cross-appealed from the denial of attorneys' fees. Chrysler then sent Gallenbeck a letter, on March 6, 1990, which essentially reinstated him for one day with pay and simultaneously dismissed him again. The letter read:

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