1460 Hamilton v. Region 9

Hamilton’s seniority was terminated pursuant to Paragraph (49) of the DaimlerChrysler National Agreement after he was absent for five days without providing evidence to support the reason for his absence. The Company had given him until February 11, 2000, to file papers certifying his entitlement to leave under the Family and Medical Leave Act. Hamilton did not contact the Union or the Company after that until December 2001. Under these circumstances, the Union had no contractual basis for pursuing Hamilton’s grievance once the Company refused to consider reinstating or rehiring him.