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Chicago Local 21 Wins Landmark FMLA Lawsuit 

February 27, 2009

Chicago Local 21 has won a lawsuit against AT&T, challenging the company’s refusal to count hours worked on union business toward Family and Medical Leave Act coverage for union stewards, union activists and staff.  The court reversed disciplinary actions taken against shop stewards and held AT&T responsible for $176,000 in court costs incurred by the union.

This was the first time that a labor union had challenged an employer’s FMLA policy concerning hours worked for unions.  “We are proud that our victory could have national implications for all of organized labor,” says Local 21 Business Manager Ron Kastner. “We couldn’t let AT&T discourage members from taking union positions by denying them the benefits under federal law.”

For many years, stewards and representatives in Local 21 at AT&T (Illinois Bell Telephone Co.), with jurisdiction throughout Illinois and northwest Indiana, have split their time between the company and the local union.  All hours they work for the local union have been counted toward overtime and benefits under their labor agreement.  Since 1997, hours worked for the union also qualified them for coverage under the Family and Medical Leave Act, which requires that employees work at least 1,250 hours during a 12-month period to receive unpaid time off the job.

In November 2007, several Local 21 stewards became aware that the company was no longer counting hours worked for the union toward their eligibility for FMLA coverage.  Some stewards were disciplined for time missed due to absenteeism that was formerly covered under FMLA.

The union filed a grievance claiming that the company was violating a long-established past practice.  But the company refused to arbitrate the grievance claiming that the collective bargaining agreement was silent on the issue under appeal.

Local 21 filed a suit in the U.S. District Court for the Northern District of Illinois challenging the company’s action.  On January 14, Judge Ruben Castillo decided for the union, holding that the company must continue the “custom or practice” that had been in effect since 1997 on FMLA coverage for union representatives.

In Local 21’s e-newsletter, Kastner thanked Lynn Arwood, recording secretary pro tem and benefits coordinator and the local’s benefits department for spearheading the lawsuit, and all members “who had the courage to submit affidavits.”