Bliesner

Bliesner v. Communication Worker

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 12, 200604-35702California2,215 words

Opinion

Opinion

I. Background

Bliesner began working for Verizon (then GTE) in 1969. She held various positions throughout her employment with the company. The Communication Workers of America (“CWA”) represented Verizon employees. In 1995, Bliesner was laid off from her position as an Analytical Assistant in Coeur d’Alene, Idaho, pursuant to a reduction in force.

Under the terms of the governing 1992-1995 CBA, a senior employee could exercise “bumping” rights against a junior employee after a reduction in force, so long as the bumping employee could be trained for the new position within the req- uisite time. Section 14.5.2 of the CBA provided:

Employees who have previously held the job or per- formed all or a substantial portion of the duties required by the position will be provided with refresher training on-the-job for up to one (1) week. Employees who have no related experience but the requirements of the job are such that they can be readily learned without formal training shall be given up to one (1) week of on-the-job training.

Bliesner sought to “bump” into an Analytical Assistant position in Verizon’s Facilities Assignment Center in Mos- cow, Idaho. It is undisputed that this…

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