1544 Lamb v. Local Union 599

As the result of a mail delivery problem, Lamb did not receive a notice of the scheduled hearing until the day of the hearing. Lamb subsequently explained the reason for her failure to appear. Under the circumstances, it was error to dismiss Lamb’s appeal rather than addressing the merits. It was harmless error, however, because the Union made a good settlement of her grievance when it achieved her reinstatement after she failed to respond to a five-day letter issued pursuant to Paragraph (64)(d) of the National Agreement. It was highly improbable that an Umpire would have awarded back pay based on the facts of this case.