1878 Anthony v. UAW Region 4

Case No: 1878


Under the circumstances, the Union’s disposition of Appellant’s grievance was rational.  The Company had the right under the collective bargaining agreement to require the medical exam which resulted in the work restrictions imposed on Appellant.  The Union had no contractual basis to insist that the Company return Appellant to work without a medical evaluation following his absence due to a car accident.  The Union made substantial efforts to remove the restrictions under the applicable process, despite the difficult circumstances associated with the winding down of operations at the Belvidere plant.  Appellant’s primary complaint is that the settlement of his grievance did not include back pay.  However, Local representatives understandably prioritized obtaining a settlement agreement allowing Appellant to return to service, instead of continuing to pursue the matter further in the uncertain event of obtaining back pay and with the possibility that Appellant’s employment status would never be restored.