1537 Smith v. Region 4

Two prior arbitration decisions interpreting the applicable provisions of the collective bargaining agreement between Caterpillar and Local Union 974 have established a high standard of proof for the Union where the claim is made that a supplemental employee was terminated as a result of personal prejudice or union activity. Smith has not produced any evidence that her termination was connected to the complaints she filed. In addition, the record demonstrates that the Company made every effort to accommodate her physical limitations even after her complaint to OSHA.