1811 Russell v. UAW FCA Department

Appellant challenges the International Representative’s assessment that the Company’s settlement offer was preferable to arbitration of Appellant’s grievance.  Under the circumstances, the PRB finds that the decision to settle the discipline grievance does not lack a rational basis.  The Representative conducted an adequate investigation of the grievance.  He recognized that Appellant is an exemplary employee with a good work record and over 20 years of seniority.  However, he weighed these considerations against the fact that two managers were willing to provide eyewitness testimony against Appellant at arbitration.  The fact that sound arguments could be advanced on behalf of a grievant does not mean that the decision to settle the grievance is unreasonable, much less irrational.  In addition, a Union representative does not require the grievant’s permission to accept a settlement.  On the contrary, the representative is expected to act in the best interest of the member and the larger unit based on his or her experience and superior knowledge of the grievance resolution process.