Reference no: EM131706916

Question: The plaintiff, Joan Taschner, worked for ThriftRack, Inc. in its warehouse for nine years, from 1973 until September 1982. Teamsters Local Union 384 was at all times relevant to this action the exclusive bargaining representative for the employees of Thrift-Rack. In September 1982, the plaintiff successfully cross-bid for an outside job of driver-salesperson. While working outside as a driver, she developed a severe neurodermatitis condition and allergic reaction, requiring a doctor's supervision and medication. As a result, she was unable to perform her outside job as a driver. The plaintiff twice requested Thrift-Rack to transfer her to her prior warehouse position, which was still open, or to any other warehouse position. The company, however, rejected her requests on grounds that the plaintiff claims were not provided for in the collective agreement and that were in violation of past practice.

In response to the company's refusal to transfer her, the plaintiff filed a grievance with Local 384. That grievance was denied by the union agent, James Hill, on grounds that no cross-bidding was allowed, that there were two separate seniority lists for union members who were employed by the company, and that an employee must be working in a unit to be allowed to bid for a job in that unit. Plaintiff requested to take her grievance to arbitration, but that request was denied by Hill. Subsequently, the warehouse position was awarded to another employee with less seniority, no experience, and lower qualifications than the plaintiff possessed. On November 2, 1982, Thrift-Rack again refused the plaintiff's request to transfer to any warehouse position, although there were still warehouse jobs open, some of which may not have been bid upon by warehouse workers. The company refused to give her any work, informing her that there was no work available for her and to go home. Thereafter, the plaintiff called Thrift-Rack every day for about one week. She reported that she was still on medication and could not drive, but that she was available for any other work. She specifically requested transfer to any position in the warehouse. Thrift-Rack continued to refuse to transfer her to any position in the warehouse. What recourse did the plaintiff have against her union? See Taschner v. Hill [589 F. Supp. 127, 118 L.R.R.M. 2044 (E.D. Pa. 1984)].