1784 Maldonado v. UAW-FCA Department

Case No: 1784


Even though the union was able to mitigate the excessive discipline to a certain extent, Maldonado still suffered an economic loss for reasons that were unfair. Nevertheless, once the UAW-FCA Department had reached the limit of what could be accomplished through negotiations, the union could not force any action against the supervisor through the grievance procedure. There was a rational basis for the amount of back pay awarded; it represented full back pay after the reduced disciplinary layoff. The International Representative explained that the arbitrator would have been unlikely to award compensation for overtime pay even in the case of an unjust disciplinary layoff, because there would be no way to establish that the employee would have worked the overtime when canvassed. If the union were to proceed to arbitration on the grievance, an arbitrator might find that Maldonado’s interactions with the supervisor were deliberately provocative, even if they did not result in the alleged loss of production. Rejection of the settlement could potentially have reinstated Maldonado’s 30-day disciplinary layoff, in return for an uncertain and unlikely monetary gain.