1744 Butler v. UAW-GM Dept.

Case No: 1744

2016

During the administration of the SAP, a process developed for reviewing special requests to retire from employees who needed to retire prior to the end of the application period, but no one requested such an exception for Bruce Butler. While the lack of an articulated process and established criteria for granting special requests on behalf of individual employees was unfortunate, it does not provide the basis for any remedy. That is because the SAP program under consideration here was not a regular collective bargaining agreement. It was a special agreement designed to address a specific problem caused by economic conditions. As a result of these unusual circumstances, the union agreed to grant the company a very heavy hand in the decision making process. Absent a clear showing of racial bias or some other form of prohibited discrimination, the SAP does not provide the union with any contractual tools to challenge management’s decisions. The exceptions ultimately granted to particular individuals did not create any contractual obligations on the company’s part to apply this same consideration retroactively to employees who retired prior to obtaining the necessary approval to receive the bonus.