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Casey A. Kennedy v. Superior Printing Company Local 419m Graphic Communications International Union

Citations: 215 F.3d 650; 10 Am. Disabilities Cas. (BNA) 1176; 164 L.R.R.M. (BNA) 2609; 2000 U.S. App. LEXIS 13937; 2000 WL 767844Docket: 99-3304

Court: Court of Appeals for the Sixth Circuit; June 15, 2000; Federal Appellate Court

Narrative Opinion Summary

In this case, an employee, Kennedy, brought claims against his employer, Superior Printing Company, and his union, alleging wrongful termination in violation of the Americans with Disabilities Act (ADA) and a breach of the duty of fair representation. The dispute arose after a change in workplace policy eliminated a previously granted accommodation allowing Kennedy to leave work early. Following his refusal to comply with a medical examination required by Superior, Kennedy was terminated. Both the employer and the union filed for summary judgment. Arbitrator Miller ruled that Superior improperly terminated Kennedy without completing the medical examination necessary for accommodation reevaluation. The district court granted summary judgment to Superior, citing res judicata on the ADA claims, and to the union on the fair representation claim. On appeal, Kennedy argued that his ADA claim was not precluded by arbitration, referencing case law supporting his right to a judicial forum. The court found that the collective bargaining agreement did not explicitly waive Kennedy's right to pursue ADA claims in court, but affirmed the judgment based on the absence of evidence showing Superior's intent to discriminate and Kennedy's failure to provide necessary medical documentation. The court also denied Kennedy's motion to strike exhibits and dismissed Superior's request for damages.

Legal Issues Addressed

Duty of Fair Representation by Unions

Application: The court found no evidence of the Union breaching its duty of fair representation during arbitration proceedings.

Reasoning: The district court...granted summary judgment...to the Union on the fair representation claim, citing a lack of evidence for the Union's breach.

Employer's Right to Request Medical Examination under ADA

Application: Superior was justified in requesting medical documentation to verify Kennedy's disability claim, which he failed to provide.

Reasoning: Superior's actions demonstrated patience and a willingness to assess Kennedy's medical condition without indicating a denial of his request to work through lunch.

Res Judicata in ADA Claims

Application: Kennedy's ADA claim was barred by res judicata due to prior arbitration proceedings which addressed similar issues.

Reasoning: The district court granted summary judgment, ruling Kennedy's ADA claim was barred by res judicata, a decision that was upheld on appeal.

Summary Judgment and Genuine Issues of Material Fact

Application: The court concluded that there was no genuine issue of material fact regarding the employer's intent in seeking a medical examination.

Reasoning: Kennedy failed to provide evidence that Superior did anything beyond seeking confirmation of his claimed disability.

Waiver of Statutory Rights in Collective Bargaining Agreements

Application: The collective bargaining agreement did not require arbitration of federal statutory claims, preserving Kennedy's right to seek judicial remedies for ADA violations.

Reasoning: The Agreement in question does not require employees to arbitrate federal statutory anti-discrimination claims, thus preserving their rights to a federal judicial forum.