1466 Powell and Riddell in the matter of Stewart v. IEB

A charge that a committeeperson exercised poor judgment in the handling of a grievance should not be submitted to a trial committee, absent a claim that the accused acted out of malice or willful and wanton disregard of the charging party’s interest. The difficult task of sorting out the respective rights of claimants to a limited number of positions does not constitute a disregard of the interests of those whose claims do not succeed.

Appellants claim that Stewart failed to apply the contract accurately and that the employees who were promoted were not the most senior or the most qualified for promotion are arguments that would be appropriate to support a grievance, or in this case, an appeal pursuant to Article 33 of the Constitution from the Committeeperson’s refusal to file a grievance.