1780 Neal v. UAW-FCA Department

The M-1 Memorandum in the UAW-FCA Agreement explicitly grants the National Committee authority to anticipate scheduled job losses by adopting a plan for the transfer and placement of affected employees in advance of the actual layoff. The only qualification on the Committee’s authority in this regard is that it must not affect quality or operating efficiency. The Warren Truck electricians accepted transfer to the SHAP based on FCA’s warning that the WTAP might well cease operations in 2019 or 2020. The situation at WTAP was exactly the kind of development the M-1 Memorandum was written to address. The transfer of these four employees from WTAP to SHAP with their WTAP seniority was authorized by the applicable contract language at the time it occurred. It was not the result of any special personal consideration, but only the parties’ failure to predict subsequent events at the time the four employees accepted the offer to transfer.