[Download] "Cox v. United Technologies" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Cox v. United Technologies
- Author : Supreme Court of Kansas
- Release Date : January 31, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by This is an appeal from a summary judgment entered by the
district court wherein it was held that an employee covered by a
collective bargaining agreement may not maintain a tort action
against his employer for alleged retaliatory discharge for filing
a workers' compensation claim. The issue before us is a question of law. The factual
background from which this litigation arises may be summarized as
follows. Plaintiff Terry Cox was an employee of defendant United
Technologies, Essex Group, Inc., in 1982, serving as a fine-wire
operator. Plaintiff filed a workers' compensation claim which was
settled on November 4, 1982. Thirteen days later plaintiff was
discharged from his employment on the ground he had failed to
report for work following the conclusion of his workers'
compensation claim. Prior to plaintiff's termination, a co-worker
(Donald Smith) had been terminated on the same ground. Both
employees were members of Local Union No. 851, United Rubber,
Cork, Linoleum and Plastic Workers of America, and their
employment was covered by a collective bargaining agreement. Said
agreement contained the provision that an employee would not be
terminated except for proper cause and [240 Kan. 96]