Diabetes? My mother died at 86 of a stroke from complications related to an operation. She had diabetes and smoked until she died.
This guy just doesn't like the smell of cigarette smoke and knows that that plea is a 0-0 defense. 
Posted on 07/24/2004 8:36:48 AM PDT by Graybeard58
NAUGATUCK -- A public works employee who refused to ride in a snow plow in which another employee was smoking will not receive payment for that day.
On June 30, the State Board of Mediation and Arbitration did award Robert Riley four hours of pay at his normal rate, which is required by contract every time a worker is called into work overtime.
"I felt it was a very fair hearing," said Susan Hurlburt, the borough's director of human resources.
Riley's grievance claimed that he should receive nine hours of double-time pay because a supervisor told him if he did not want to work with his assigned co-worker, he could go home.
Riley had been called into work during the early morning hours of Dec. 9, 2003. He was assigned to work with an employee who smokes, but refused. Between 15 and 90 minutes later, Riley left work without permission, according to the arbitration decision.
Council 4 Local 1303-012 of The American Federation of State, County and Municipal Employees union argued that because Riley is a diabetic, smoke affects his circulatory system. His supervisor told him if he didn't want to work with his assigned co-worker, he could go home, the union argued during a March 10 hearing.
The borough argued that because Riley left work voluntarily, he is not entitled to nine hours of double-time pay. It also argued that there had never been a past practice of assigning non-smokers to work with other non-smokers. Furthermore, it claimed the supervisor didn't know Riley was a diabetic.
"The panel concludes that the union did not establish evidence of a past practice to accommodate non-smokers to work with non-smokers," the decision read.
"The panel also concluded that (Riley's) supervisor made every attempt to locate a non-smoker to work with (Riley), but was unable to do so and when a non-smoker arrived, (Riley) had already left the work place."
Riley had been on paid suspension for a month because of an accident in which he drove a borough dump truck off New Haven Road. Witnesses told police that dump truck was weaving before it veered off the road.
Police responded to a report of a possible diabetic emergency and found Riley unconscious in the dump truck, according to the accident report.
Riley was transported to Waterbury Hospital, where he was treated and released.
Hurlburt said the borough is investigating the accident to determine whether Riley can continue to work in his current capacity. Riley's attorney, David Morrisey, could not be reached for comment.
The three arbitrators who ruled on the grievance were Gerald T. Wiener, a neutral arbitrator; John P. Colangelo, a union arbitrator; and Louis S. Voto, a management arbitrator.
Ping
I'm Confused. Is this one of those Snow Plows that requires two people to drive it?
I wondered about that too...I think it's called "Feather Bedding"
Diabetes? My mother died at 86 of a stroke from complications related to an operation. She had diabetes and smoked until she died.
This guy just doesn't like the smell of cigarette smoke and knows that that plea is a 0-0 defense.
Well, it's like peanuts will kill some people while other people live on peanuts. We have to be responsible for what we put into our body's. What's good for one isn't good for another, and all that jazz........
That's impossible - smokers are in the minority - everyone knows that.
Sure tells me this particular town has it's collective heads screwed on properly.
I'm only an occasional smoker, but when I used to plow snow, I could go through a pack in a couple of hours. It's both stressful and tedious at the same time and cigarettes really help take the edge off.
Riley left work without permission, according to the arbitration decision.
Many have been terminated for a much lesser work related offense.
It appears to me that Riley has other issues with work and is using smoking as a legal foundation to promote his underlying endeavors.
BINGO!!!!!!!
And the fact he lost his suit proves it.
However, it is disappointing that such a scenario has to be proved by the courts.
Well, I'm off to bed after I finish listening to Grieg's "in the hall of the mountain king"
Good night my friend, and I look forward to posting with you in the future.
Anytime something like this winds up being dealt with in court not only disappointsbut disturbs me as well.
Hope you slept well and I also look forward to talking/posting/Freeping with you in the future.
(I really need to start going to bed earlier - I'm too old to be staying up half the night)
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