1683 Lymon v. Local Union 2209

Case No: 1683


The time limits of Article 33, §4(b) and (c) begin to run from the time an appellant reasonably should have become aware of the decision being appealed.  Lymon knew, or reasonably should have known, that Local 2209 was no longer pursuing any grievance on his behalf by the time he made his inquiry in 2011.  Lymon’s seniority was broken pursuant to Paragraph (64)(d) of the 2003 UAW-GM National Agreement on August 2, 2004.  It appears that Lymon did not contact the Local Union for seven years following the submission of his grievance on October 11, 2004.  This inquiry was not sufficient to restart the clock on Lymon’s appeal rights after seven years of silence, even if the exact date of his notification of the grievance’s withdrawal can no longer be verified.