Despite recent restrictions mandated by Congress, federally-funded legal services programs across the country continue to participate in abusive lawsuits that place tremendous burdens on both taxpayers and private businesses.
Legal Services Represents Teamsters Local Chapter on Behalf of Drug-Using Truck Driver
Wayne County Neighborhood Legal Services, a Legal Services Corporation
grantee, represented Teamsters Local 299 on behalf of a union member terminated
from his job as a truck driver after he twice tested positive for cocaine.
In 1994, the driver, Timothy Lieckfelt, was first discharged by Logistics
Personnel Corp. after a random drug test showed evidence of cocaine use.
Although not required to do so under its agreement with the union, the
company reinstated Mr. Lieckfelt to his job after he completed a rehabilitation
program. In 1996, Mr. Lieckfelt again tested positive for cocaine
and was permanently discharged from his job. After Mr. Lieckfelt
filed a grievance with the union over his discharge, an arbitrator ruled
that Mr. Lieckfelt was improperly terminated due to procedural errors supposedly
committed in testing Mr. Lieckfelt for drug use. As a result, the
arbitrator ordered the company to reinstate Mr. Lieckfelt and pay back
wages and benefits. The company then filed suit against the union
in September 1997 in U.S. District Court seeking to overturn the arbitrator's
award. On May 22, 1998, the District Court judge granted summary
judgment in favor of the company, noting that the company had complied
with every procedural requirement spelled out in its agreement with the
Teamsters. The judge also pointed out that driving trucks is a "safety
critical" job in which companies are given wide latitude to fire employees
who fail drug tests. This case thus presents a strange example of
a federally funded legal services program not only representing a union
organization, but also taking the position that a truck driver should remain
on the road even after failing two drug tests.
See Logistics Personnel Corp. v. Truck Drivers Local Union
No. 299, 1998 U.S. Dist. LEXIS 7656 (E.D. Mich. May 22, 1998).
Legal Aid Bureau Claims That Woman's Depressive Condition Entitles Her To Disability Benefits
In 1997, the Legal Aid Bureau of Maryland unsuccessfully sought continued
social security disability benefits for a woman whose psychiatric condition,
at its worst, consisted of "appetite disturbance, sleep disturbance, decreased
energy, and feelings of guilt and worthlessness." The woman, Shirley
Nance, first started receiving disability benefits for her condition in
1988. However, in 1994, her eligibility was reviewed by the Social
Security Commission, which found that her condition had improved significantly.
As a result, the Commission ruled that she was no longer disabled.
On appeal, an agency administrative judge agreed with the Commission's
ruling. In so holding, the administrative judge considered Ms. Nance's
admission regarding her "attendance at plays and dances, her testimony
that she studied about ten hours per week plus her time in class, and her
testimony that she kept up with her studies." At the time of the
administrative appeal, Ms. Nance was only one semester short of achieving
an associate degree. With assistance of Legal Aid Bureau, Ms. Nance
further appealed her case to the U.S. Court of Appeals for the Fourth Circuit.
The federal appeals court sided with the administrative judge on December
8, 1997 and held that Ms. Nance was not disabled and could perform gainful
work. As a result of Legal Aid Bureau's efforts, this baffling case
managed to work its way through the federal legal system for three years.
See Nance v. Apfel, 1997 U.S. App. LEXIS 34243 (4th Cir.,
December 8, 1997)