1815 Green v. UAW FCA Department

Case No: 1815


The PRB’s jurisdiction over appeals related to the handling of grievances is limited to claims that the matter was improperly handled because of fraud, discrimination, or collusion with management, or that the disposition or handling of the matter was devoid of any rational basis.  In cases involving the discharge of a high seniority employee, the Board has consistently required that the Union have a clear and substantiated basis for deciding to withdraw a termination grievance.  The Board is unpersuaded that the International Representative correctly interpreted the terms of the Conditional Reinstatement Letter at issue in this case.  Nevertheless, the International Representative reasonably relied upon Appellant’s written admission that he used a tool against a co-worker in self-defense.  Although Appellant later disavowed his written statement, at that stage of the grievance process, the Union would have faced considerable difficulty in trying to persuade the Company or an arbitrator that the prior acknowledgement that Appellant used a tool in self-defense should be disregarded.