1642 Grant v. Local Union 12

Representative Booher had a rational basis for her conclusion that she could not obtain any relief for Grant by pursuing her grievance to arbitration. Booher met with Grant and the local union representatives on November 22, 2008, in order to determine if there was any argument that could be presented to compel the company to reinstate Grant. The principal issue of fact to be resolved at this point was whether Grant had communicated with the company regarding her disability prior to her termination. Representative Booher came away from the meeting believing that Grant had remained away from work for the entire period of her disability without providing any documentation to the company to justify her absence.

If Grant had mailed in some kind of documentation to justify her absence on September 23, 2008, as she now claims, she did not exert sufficient effort during the meeting on November 22, 2008 to make Representative Booher aware of this. There is no convincing evidence in this record that Grant did submit the doctor’s report to the company prior to October 29, 2008. Grant’s failure to keep a record of such a significant piece of correspondence casts doubt on her claim.