What to do after union involvement

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Canynn

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I work for a supported employment agnecy that helps developmentally disabled folks get jobs. I have one individual who worked 7 years for a company that provided food services for the local university. They recently lost the contract and a new company came in. Now, this young man was rehired, and it is only when he is supposed to start work again that the new manager of the dining hall states that in the 7 years she worked with him she noticed he didn't do his job. The previous manager NEVER said anything to us and believe me he was a hard guy to work for and would have never put up with this man not working. The young man in my program has down syndrome and high anxiety levels. he normally worked the slow part of the day 1pm-5pm doing utility work (wiping down tables, sweeping floors). Now the manager wants him to work 5pm-10pm where 1,000+ kids will go thru the dining hall and this manager knows that with his anxietry level he'll go cower in a corner.
We have proposed many reasonable accommodations to the company to no avail. The other participants I have working there you would not know they had a disability by their looks, but this young man u can see it. Since this new company has no written documentation on this young mans previous work ethic (the former company took it with them) they are taking this new managers word as gospel (she was the former back of the house manager of the dining hall and had no real interaction with this young man previously).
From my conversations with her she is making it virtually impossible for this young man to work and I feel she is discriminating against him.
We have contacted the union steward but in reality do we have a case against this company at all?
 
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