I was a union member who was terminated by my employer. I later filed an ADA discrimination lawsuit after my grievances were denied. Company lawyers are now going to ask for summary judgement. Our CBA states that even if the grievance procedure is utilized, if the matter is in regards to the ADA, then I may still seek to use any local, state, or federal laws that are available to me.
It's nice that your CBA does not preclude you from a lawsuit. In almost every case, the defense will file for summary judgment. Ideally, you get a nice settlement before that happens.
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