1513 Clark v. Region 8

There is no dispute that Clark did not report to work at Volvo during the period from April 19 until his seniority was broken on April 26, 2004. Although he called in his absence on April 19, he was not granted a leave of absence at that time. The fact that leave was granted to another employee under different circumstances would not constitute discrimination or unequal treatment in violation of the collective bargaining agreement. Volvo was authorized to break Clark’s seniority after he was absent for five days without a reasonable excuse. As there was no violation of the collective bargaining agreement, the decision to withdraw Clark’s grievance cannot be said to have lacked a rational basis.