1555 McMillan v. Local Union 659

McMillan was terminated for missing outpatient treatment appointments. Although the Company’s case was weak because the last chance agreement did not explicitly require outpatient care, there were weaknesses in the Union’s case as well. McMillan apparently understood that outpatient care was part of his rehabilitation program, because he made appointments with an outpatient counselor. His claim that he did not have the co-pay required to keep the initial appointment does not explain why he allowed a month to elapse before seeing the counselor. The Federal Mediator concluded that the Company had followed the contract in terminating McMillan. That was the basis for the Unit’s decision to withdraw his grievance. The Local Executive Board’s direction to the Unit to make another attempt to reinstate McMillan did not amount to a finding that the Unit’s decision lacked a rational basis.