1650 Frigo v. Region 2B

This record demonstrates that Frigo’s local representatives took all of the appropriate steps to protect his seniority following his arrest on March 28, 2002. Frigo was discharged because his incarceration prevented him from reporting to work. The union’s decision to withdraw a grievance protesting the discharge was proper. Nothing in the National Agreement imposes a duty on GM to maintain an employee in active status and continue his eligibility for coverage under its health insurance program while he serves a lengthy prison sentence. The rule is well-established that an employee’s justifiable incarceration does not provide an excuse for failure to report to work.