1853 Franklin v. UAW Stellantis Department
Case No: 1853
In appeals involving the removal of a special purpose representative from office, the PRB’s jurisdiction is limited to whether the removal violated the UAW Ethical Practices Codes (EPC). As the Board has held in past cases, a UAW member does have the right to expect ethical treatment by the Union. In this case, the Board finds that Appellant has demonstrated that her removal was conducted in a manner inconsistent with the EPC’s guarantee of due process and contrary to generally accepted ethical principles. Due process requires that the decision to remove an appointed representative is based upon a fair and thorough investigation. A decision based upon unsubstantiated rumors and innuendo does not meet this standard. In addition, a fair investigation requires an impartial evaluation of relevant information, as opposed to a predisposition to achieve a certain result.
To be clear, the PRB fully appreciates that special purpose representative positions are at will and that removal decisions are not reviewed under a just cause standard. Nevertheless, when (as in this case) the removal of a representative rests upon an asserted cause, due process requires that the decisionmaker undertake a thorough investigation to determine if the asserted reasons have a factual basis. Removal based upon demonstrably false allegations or concocted grounds does not comport with due process.