Walter Spearman v. Exxon Coal Usa, Inc.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Exxon Coal USA has a progressive discipline system. Exxon resorted to ever-higher levels of discipline for Walter Spearman’s absenteeism. In September 1988 Exxon fired Spearman for this unreliability. In lieu of filing a grievance under the collective bargaining agreement, Spearman signed a “last chance agreement” permitting him to keep his job. This agreement provided that Spearman would be sacked, without any opportunity for further complaint, if he missed 84 hours of scheduled work “for any reason” between September 15, 1988, and July 26, 1989. Spearman was sent…
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