Romero

BACKGROUND

Romero began working as a press operator for Kraco, a supplier of automotive products, in May 1981. His employment was covered by a collective bargaining agreement (CBA) between Kraco and the United Electrical, Radio & Machine Workers of America. Romero received a copy of the CBA, translated into Spanish, during his employment. In December 2008, Kraco shut down its manufacturing operations. As a result of the shutdown, at least 23 employees from the Mats Department, Packline Department, Millroom Department, and Press Department were terminated. Romero was not terminated at that time. In July 2009, the Mats Department, where Romero worked, had additional layoffs due to a reduction in available work. In accordance with the CBA, Romero was given the option to either replace an employee with less seniority within his Labor Grade or take a voluntary layoff. The only available position that could be offered to Romero at that time was in the Receiving Department, unloading containers. The position would require Romero to reach above shoulder level, lift, carry, pull and push containers weighing up to 40 to 50 pounds; those requirements were explained to Romero. Romero elected…