1791 Claus v. UAW Agricultural Implement Department

Case No: 1791

2019

Claus’s appeal should not have been rejected as untimely under the facts of this case. Although the withdrawal of the grievance was discussed in the course of a telephone conversation, Claus’s union representative advised that a written communication “should arrive any day.”  In the interim Claus underwent a procedure and was unable to collect the letter until March 12, 2018.  Given these unusual circumstances, the appeal postmarked on April 10, 2018 was within the 30-day time period for filing appeals to the IEB stated in the UAW Constitution.

On the merits, however, the grievance settlement was not arbitrary. Claus is seeking income she claims to have lost because of management’s failure to apply the Labor Agreement to find an open position for her in the plant.  Claus argues that the Labor Agreement and the Americans with Disabilities Act required management to use the seniority list to search in the plant for a job to accommodate her disabilities. But the agreement language has not been applied to employees with temporary disabilities such as Appellant.