Daryl A. Miller v. At & T Network Systems, an at & T Technologies, Inc. Group, Defendants

ORDER

The opinion filed June 7, 1988 is hereby VACATED.

OPINION

Daryl Miller worked as an installer for AT & T for more than twenty years. His working conditions were governed by a collective bargaining agreement (CBA), which included provisions concerning work assignments, transfers, and discharges. It also contained an exclusive grievance procedure that included binding arbitration.

Because heat affects Miller’s heart rate, sometimes causing him to faint at temperatures above ninety degrees, AT & T had always assigned him to work in cool climates. In May 1985, however, AT & T assigned Miller to work for thirteen weeks in Mesa, Arizona, where temperatures often exceed ninety degrees. As a result, Miller lost consciousness while working. When Miller refused to return to Mesa, AT & T fired him. Miller was willing to continue working elsewhere if temperatures were lower.

Miller sued AT & T in Oregon state court, alleging discrimination based on physical handicap, in violation of Oregon Revised Statutes sections 659.121, 659.405, and 659.425. He also alleged intentional infliction of emotional distress. AT & T removed the action to federal court based both on diversity and on…