The U.S. Supreme Court declined to hear an appeal of...
The U.S. Supreme Court declined to hear an appeal of a case alleging Verizon improperly reassigned a worker from the night shift to the day shift, and unfairly deprived him of overtime pay. A federal district court in New York…
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held in 2011 that the plaintiff had failed to state an actionable claim when he complained that Verizon had improperly rotated him off the night shift, violating a collective bargaining agreement dealing with determining eligibility of future overtime work. In August, the 2nd U.S. Circuit Court of Appeals upheld the dismissal. “It is undisputed” that the Communication Workers of America “did not attempt to exhaust the three-step grievance procedure or arbitration remedy available under the [collective bargaining agreement],” the circuit court wrote. The plaintiff did not prove that the union breached its duty of fair representation, and therefore the plaintiff’s challenge against Verizon correctly fails, the court said.