1774 Olive v. Region 5

The decision to withdraw Olive’s grievance did not lack a rational basis. The union had already secured two reinstatements for a relatively junior employee following his multiple infractions stemming from tardiness and poor workmanship. Olive’s reinstatement agreement denied him access to the grievance procedure to protest the reasonableness of any penalty. In addition, Olive’s low seniority and poor work record did not provide any basis for the union to try to negotiate a lesser penalty.