1741 Kyle v. UAW-TOP Dept.

Supervision gave employees clear notice during a staff meeting on March 7, 2014, that all parole officers were required to make home visits to the parolee’s proposed supervision residence before submitting a presentence investigative report. The MDOC’s investigation confirmed that Kyle failed to make a home visit in 14 out of 17 cases completed after March 7, 2014 and then he submitted false reports to cover up this failure. Even if someone had told Kyle not to do field work back in 2006, an arbitrator would be unlikely to find that excused his conduct established in 2014. Under the circumstances, the union’s settlement that would have reflected Kyle’s termination as a voluntary resignation rather than a dismissal was reasonable. When Kyle refused to accept that settlement, the union’s decision to withdraw his grievance cannot be said to have lacked a rational basis.