1850 Price v. UAW Local Union 372
Case No: 1850
The Local denied the appeal based on time limits, but the timeliness issue in this case is far from clear-cut, especially in light of the circumstances created by the pandemic. Perhaps for that reason, the IEB’s decision did not decide the appeal based on time limits and instead addressed the merits of the Local Union’s withdrawal of the grievance. The PRB will do likewise.
The PRB finds that the Local President had a rational basis for withdrawing the grievance. Appellant was terminated on two prior occasions for attendance issues and was working under a second Conditional Reinstatement Letter providing that any further attendance violation would lead to termination. The Company cited six attendance violations in its termination notice, any one of which provided grounds for termination under the terms of Appellant’s conditional reinstatement. Appellant does not deny that she incurred additional absences but explains that they were due to her son’s medical condition. Although the Board is sympathetic to the challenges associated with a dependent’s medical care, the collective bargaining agreement provides a process to avoid attendance violations for absences resulting from such circumstances. Regrettably, Appellant did not avail herself of these procedures while under the terms of her conditional return to work.