1800 Batchelor v. UAW Region 1A

Based upon Paragraph 38 of the National Agreement, Batchelor argues that the International Representative who handled his grievance should have conducted an on-site investigation.  Paragraph 38 provides Union representatives with access to the plant for the purpose of investigating a grievance.  This provision, however, does not obligate the Union to conduct an on-site investigation in every case.

The Board also agrees that the Union was unlikely to succeed in arguing that the Company should have returned Batchelor to work at an earlier point in time under the ADAPT (“Accommodating DisAbled People in Transition”) Program.  The Record establishes that Batchelor was approved for (and ultimately received) worker’s compensation based upon a physician’s evaluation indicating that he was prohibited from working during the entire period of his recovery.  Batchelor maintains that the doctor subsequently indicated that he could resume work with restrictions, but there is no documentation in the Record to that effect.  Without such documentation, the Union almost certainly could not establish that Batchelor was entitled to participate in the ADAPT program.