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The Diane LaPorte Klingeman StoryFACTS: The facts in this matter are as follows:Diane Klingeman is a flight attendant employed by NWA. Over approximately twenty years, she has been an exemplary employee with an excellent performance record and as evidenced by numerous commendations from the company and from passengers. On December 30, 1999, Ms. Klingeman was on a return trip to Mpls. During the month of December she had fulfilled her monthly flying obligations by December 18th. Yet, she picked up and worked four turns on December 27th, 28th, 29th, and 30th. On December 20, 1999, Ms. Klingeman was seen at the Airport Clinic and was given a prescription for a sinus condition. During her turns on the 28th and 29th the sinus condition flared up again and she experienced pain in her face and head when flying. She flew the turn on the 30th. Upon return on the 30th, Ms. Klingeman and the other FA crewmembers were met by a manager, Ann Mirsch, who met them for the purpose of assigning them trips the next day. Ms. Mirsch apologized for having to assign them. Ms. Klingeman informed Ms. Mirsch that she was sick and suffering from a sinus condition. She told Ms. Mirsch that she could not work the next day and walked off the plane without any further conversation. She went home and went to bed. On the 31st, Ms. Klingeman went to 3 different clinics before being seen at the Fairview Southdale Emergency Room. She was seen by Dr. Brian Patty who diagnosed sinusitis and prescribed new medication. Ms. Klingeman went to Walgreen's Drug Store to fill the prescription, but left without waiting for it as there was close to a two-hour wait. She picked up the prescription on January 4th. The testimony and record will clearly show that Ms. Klingeman was sick on December 30-31st. There is no evidence that supports the company's statement that her "illness was not the primary reason for [her] sick call." Besides the fact that Ms. Klingeman was sick, the company should never have attempted to assign her to a trip on the 31st. The contract sets out a specific procedure of steps that must be exhausted prior to assigning regular line-holders. Reserves were not called, reverse seniority list was not used in attempting to fill open flying. Rather, the company called a "category 19" and assigned anyone they could get. The company terminated Ms. Klingeman on the alleged basis that she was uncooperative and that she gave false and misleading answers in her Q&A. This is not true! Ms. Klingeman was more than cooperative: she answered all the questions, she authorized access to her medical records, she gave counsel her prescription and even ALLOWED HER TO COUNT THE PILLS, which in and of itself is an outrageous request. The company cannot show just cause for the termination of Ms. Klingeman. The grievant requests that she be reinstated to her position without loss of seniority, with back pay and reimbursement of benefits. |
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