1623 Simpson v. Local Union 155

Case No: 1623


Simpson knew as early as July 2, 2007, that the company was claiming he worked during the period of his disability. Simpson’s description of what he communicated to President Presley remains vague, particularly in light of the serious charge against him and the ease with which it could have been addressed. Significantly, he did not provide Presley with certification from his former employer that he did not work during the period that he claimed to be disabled. Based on the information available to him in August 2007, President Presley reasonably concluded that he did not have a sound contractual basis for taking Simpson’s grievance to arbitration because it appeared that Simpson was not cooperating with the disability provider’s investigation of his claim, and that there was, in fact, some problem with the information he had submitted.