1799 Kreszowski v. UAW FCA Department
Case No: 1799
UAW FCA Department’s decision to withdraw Appellant’s grievances was not devoid of a rational basis. The International Representative reasonably concluded that the Company’s requirement that Appellant obtain medical certification before returning to service did not violate the collective bargaining agreement. Indeed, the detailed and lengthy Record in this matter does not identify any specific provision of the bargaining agreement that the Company is alleged to have violated. We appreciate that Appellant views the Company’s request for medical certification as unjustified, but no agreement provision has been cited that would prohibit the Company from making such a request. Whether the Company’s actions violate some federal or state law, as the Appellant believes, is not for this Board to say. Instead, the Union’s role is limited to enforcing the terms of the applicable bargaining agreement, and under the circumstances the FCA Department reasonably concluded that it was unlikely to succeed if it pursued the grievances to arbitration.
Issues addressed in this decisionIndependent medical exams
Medical leaves of absence
Processing of grievances
Rational basis test