1456 Mitchell v. Local Union 533

Case No: 1456

2004

The Local Union was justified in its conclusion that Mitchell’s case could not be successfully arbitrated.  Mitchell was absent from work for more than three days and could not provide the necessary documentation to support his request for medical leave. The collective bargaining agreement has a provision specifically authorizing the termination of employees who have less than a year of seniority and who are absent from work for three working days without notifying the employer.   The Company did not violate the collective bargaining agreement when it terminated Mitchell, so theUnion’s decision not to pursue arbitration of his grievance was rational.