1739 Goen v. Local Union 933

The company followed the steps of the attendance program in terminating Goen’s employment. By the time Goen was terminated, there was no defense available to prevent application of the penalty of discharge for an unexcused absence.  Goen did not seek help from her local union representatives when such assistance could have been effective.  We have no remedy for Goen’s puzzling reluctance to approach her local union about whatever problems may have been causing her excessive absenteeism beginning in 2013.  By June 2014, however, the company was unwilling to consider Goen’s reinstatement under any circumstances.  In light of her attendance record at the time of her discharge, the local union reasonably concluded that an arbitrator would be unlikely to order her reinstatement.  There was nothing further that could be obtained through the grievance procedure, so the local union’s decision to withdraw Goen’s grievance was rational.