1796 Fails v. UAW – Ford Department

The decision to withdraw Fail’s grievance challenging his discharge did not lack a rational basis.  In terms of assessing whether the disposition lacked a rational basis, it is the role of the grievance handler to evaluate the sufficiency of the evidence supporting a discharge and any defenses against the termination.  In this case, there was sufficient evidence supporting the Company’s decision, specifically video reviewed by the Union and showing the grievant removing items from the cafeteria without making payment.  In contrast, there was insufficient evidence of any mitigating factors to defend effectively against the Company’s decision to terminate.