Daryl A. Miller v. At & T Network Systems, an at & T Technologies, Inc. Group, Defendants
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The opinion filed June 7, 1988 is hereby VACATED.
OPINION
NELSON, Circuit Judge:
Daryl Miller worked as an installer for AT & T for more than twenty years. His working conditions were governed by a collective bargaining agreement (CBA), which included provisions concerning work assignments, transfers, and discharges. It also contained an exclusive grievance procedure that included binding arbitration.
Because heat affects Miller’s heart rate, sometimes causing him to faint at temperatures above ninety degrees, AT & T had always assigned him to work in cool climates. In May 1985, however, AT…
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