Answer to Question 1
Lonnie Bedell testified that in April 1986, he observed Joanne DeGrosa sobbing in the company parking lot. DeGrosa told Bedell that she had been sexually harassed by two managers. Bedell complained to a shop steward. DeGrosa was fired three months later, and Bedell accompanied her to the New Jersey Division of Civil Rights and also filed an affidavit on her behalf with the Equal Employment Opportunity Commission.
Bedell testified that shortly thereafter he was given more onerous work assignments. In January 1988, Bedell filed his own complaint with the EEOC complaining that he was the victim of retaliation for having assisted DeGrosa in her protest of sexual harassment. Bedell was fired February 3, 1988, for defying a direct order and assaulting a supervisor.
An arbitrator ruled that the supervisor was in reasonable fear of imminent hostile touching or bodily injury especially when viewed in light of the loud and angry words used by the grievant. The supervisor weighed 260 pounds, was 20 years younger than Bedell, and was a judo and karate champion. Bedell weighed 170 pounds. The supervisor testified that he feared bodily injury because of rumors that Bedell carried a gun. The issue before the arbitrator was limited to whether there was just cause for Bedell's discharge under the collective bargaining agreement. Bedell's lawyer stated that he did not intend to raise any issue dealing with Bedell's charges filed with EEOC.
Bedell then filed charges with NLRB. The agency held that Bedell was fired in retaliation for his support of DeGrosa's sexual harassment claim. It specifically found that the allegations that Bedell committed an assault were not credible. It directed Yellow Freight to reinstate Bedell with back pay and seniority and to remove from the personnel file any reference to the discharge.
Answer to Question 2
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