Estate of Justard v. NewPage
Sedgwick Claims Management Services
October 22, 2015
Benefit Accrual Collective Bargaining Agreements Discrimination Retaliation
Summary from the Troubh Heisler Attorneys
Mr. Justard suffered an injury that put him out of work for a number of months on two separate occasions. These absences resulted in him receiving less vacation time and bonus pay under the terms of the CBA. He filed a Petition to Remedy Discrimination, arguing that the reduced pay and vacation time resulted from the fact that he asserted his rights under the Act. After a two-day hearing Judge Jerome held there was no evidence that his reduced benefits were retaliation or punishment for exercising rights under the Act. Mr. Justard appealed.
The panel affirmed Judge Jerome’s decision, holding that because the reduction of Mr. Justard’s benefits for absenteeism was the result of terms of the CBA (a bargained-for agreement), the reduction was not retaliatory or punitive with respect to his exercise of rights under the Act. Furthermore, Judge Jerome’s decision included sufficient findings of facts regarding the issue of motive, as is required.