1793-II Baltrusaitis, et al. v. UAW Region 1

Case No: 1793-II

2020

As the PRB determined in its prior decision in this case, Appellants have made a sufficient threshold showing that fraud or collusion could have impacted the 2011 transfer of operations to warrant further investigation.  Under the circumstances, the Board found it appropriate for the International Union to present documents or other evidence to rebut Appellants’ showing, if possible.  Therefore, the Board reissued three of the questions originally directed to the International Union in our letter dated June 12, 2019.  The PRB explained that this information was necessary in order for the Board to make a final determination regarding its jurisdiction over the appeal under Article 33, §3(f) of the UAW International Constitution.

Despite an extension of time, the International Union has still failed to provide sufficient information in response to the PRB’s request.  The Board does not have the ability to obtain the information through other means.  However, it would be unfair to the Appellants after a full year has passed to further extend the processing of this appeal.  Accordingly, in final disposition of this case, the PRB hereby finds that Appellants have discharged their obligation to exhaust internal union remedies under Article 33, §5 of the UAW International Constitution.  Appellants may proceed with any external processes or remedies available to them.