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Union president faces harassment from employees - Employer offered no support despite numerous complaints

$500,000 settlement

The plaintiff employee was an aircraft mechanic who worked without difficulty until seeking election as president of his union.

The local union was comprised of his trade and four other trades.

The campaign was hard-fought, with graffiti about the employee painted on bathroom walls and other equipment that all personnel could see.

The employee won the election, though the graffiti continued, especially when, after a number of months, the mechanics went to another local, and he remained president of a union comprised only of the other trades.

The employee filed suit to override the mechanics moving to the other local, which infuriated them. Similarly, the employee's remaining constituency did not like being represented by a person from another trade.

The employee complained regularly to his employer about the graffiti and its effect on him, but the employer did nothing and said painting over the graffiti would cause a smell that could sicken other employees.

The situation became overwhelming, and the employee suffered a breakdown and never returned to work.

The case was tried over four days with numerous exhibits and witnesses before an administrative law judge at the Department of Industrial Accidents.

The ALJ ruled that, notwithstanding the injuries related to the employee's role as president of the union (rather than his job as a mechanic), the employee was entitled to compensation.

The employee was later awarded total and permanent compensation.

After collecting his back compensation, the matter was mediated over two days with James Ryan, whereupon it settled for $500,000.

 

Action: Workers' compensation
Injuries alleged: Major depressive disorder/PTSD
Case name: Withheld
Court/case no.: Withheld
Tried before judge or jury: N/A (mediated - James Ryan)
Name of judge: Douglas Bean, administrative law judge
Amount: $500,000
Attorney: Martin Kantrovitz, Law Offices of Martin Kantrovitz, Boston (for the plaintiff)