1476 II Gaston-Kelley v. UAW DaimlerChrysler Dept.

A Department Director has broad discretion in the matter of appointing and removing special purpose representatives, but there is no evidence of an exercise of that discretion in this case. Gaston-Kelley never received anything from the DaimlerChrysler Department removing her from her appointed position as Local Heath and Safety Representative. No letter was produced appointing a replacement for her while she was on special assignment at the NTC. The Local Union President could have requested her replacement and the DaimlerChrysler Department Director could have removed her from her position for reasons not inconsistent with the Ethical Practices Codes, but they may not accomplish her removal surreptitiously. She is entitled to notice of any action taken by the Union with respect to her job as Health and Safety Representative so that she can exercise her rights of appeal spelled out in Article 33 of the International Constitution. We find that Gaston-Kelley is still the Local Joint Health and Safety Representative for Local Union 1248, for she has never been removed from that position in a manner consistent with the expectations for fairness and uniformity contained in the UAW Ethical Practices Codes and the Union’s stated policy concerning the appointment and removal of its special purpose representatives.