1646 McClinton v. Local Union 659

Case No: 1646


The committeeperson refused to pursue McClinton’s claim of discrimination, because he did not believe it had merit. This record establishes, however, that McClinton presented a sufficient threshold case of racial discrimination to set in motion a separate process for investigating that complaint. No meaningful investigation of the issue can be conducted at this point, but the process followed in this case was unacceptable. When a substantiated allegation of discrimination is made and the grievance handler concludes that discrimination was not a factor in the administration of discipline, some method for reviewing that decision must be provided. The International Union must put in place a procedure for reviewing significant allegations of discrimination whether they are raised as a grievance citing Paragraph (6a) of the National Agreement or by means of a UAW civil rights complaint filed directly with the local union’s civil rights committee. Grievance handlers need to be trained to investigate such claims and to explain the basis for their conclusions when such claims are rejected. We direct the International Union to develop procedures to make certain this is accomplished and to advise this Board within 120 days of the steps that have been taken.