1677 Kosa et al. v. UAW General Motors Department

Decisions made by the Union in connection with the negotiation of the SAP in 2009 were part of the Union’s collective bargaining policy developed to deal with GM’s bankruptcy and reorganization.  The PRB has no jurisdiction to review the International Union’s official bargaining policy.   Appellants’ claim that the Chairperson rejected prior buyout offers in order to prolong his chairmanship could be the subject of an Ethical Practices Complaint; however, such Complaints must be filed within sixty days after the charging party became aware of the alleged violation. The record establishes that Chairperson Toldo had been communicating with the Unit membership about negotiations for a special attrition program since April 2006.   The fact that he communicated at periodic cookouts and through letters posted in the terminals may have been inconsistent with the Constitutional requirements regarding the conduct of regular membership meetings, but it appears the membership tacitly accepted this arrangement.  Appellants did not take any action to protest the Chairperson’s rejection of prior offers until after the SAP was ratified in 2009.  Their attempt to raise these issues as an Ethical Practices Complaint at this point is untimely.