McKesson Corporation, Dba: McKesson Drug Company v. Local 150 Ibt

Good Law
92 Daily Journal DAR 10036·969 F.2d 831·1992 WL 165247·140 L.R.R.M. (BNA) 2974·1992 U.S. App. LEXIS 16183
United States Court of Appeals for the Ninth CircuitJuly 20, 199291-15605California1,681 words

Opinion

Opinion

Reinhardt, J.

The facts of this case are relatively simple. On March 10, 1988, Holly Hill Looman was put on full disability as the result of an injury she received while working at McKesson Corporation. In April 1988, she was released for light duty by her doctor, and, on October 19 of that year, she was offered a light duty assignment by McKes-son. By that time, however, she was pregnant and had been placed on pregnancy disability until six weeks postpartum. Unbeknownst to Looman, McKesson contacted her obstetrician and obtained a medical release for her to perform light duty. As she was never informed of this release, she did not perform her assignments, and on October 21, McKesson discharged her. Looman filed a grievance, and was reinstated on January 27, 1989, more than three months after her termination. Her reinstatement was contingent, however, upon her receipt of an unconditional medical release from her doctor. As she did not obtain such a release, she performed no further work for McKesson. On March 13, 1989, Looman was discharged pursuant to a provision of the collective bargaining agreement that states that “[sjeniority shall be considered broken and employment terminated by ...…

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