1645 Francis v. Local Union 239

Case No: 1645


The documents distributed to employees prior to the plant closing suggest that an employee could be laid off for up to 24 months without affecting his credited service. We find that Francis’s reliance on those documents was justified. Nevertheless, Francis is not entitled to any further compensation as a result of his reliance on those documents. He received income from the SUB Fund during the period from 2005 through 2008 that was consistent with the Voluntary Layoff Procedure and with the information distributed to the employees in connection with that option. The International Union has now negotiated a restoration of Francis’s 0.9 year of credited service, so this element of Francis’s claim for damages has also been resolved. The lost opportunity to participate in the SAP program in 2008 ultimately worked to Francis’s advantage. Francis was able to transfer to Chicago where he continued to earn his full wage as well as additional credited service. As a result of his additional years of compensated employment, Francis now enjoys a greater pension benefit than he would have received if he had retired in 2008.

A request for reconsideration was denied.