Employees with disabilities

The new plant uses a system of teams whose members must be able to perform each of the tasks assigned to the team. There were no openings available on any teams that did not include at least one job outside of appellants’ physical restrictions. There is no evidence that the ...

The rational basis standard requires a professional approach to making the decision whether to submit a grievance to the Umpire. Part of that approach is doing an adequate investigation of the particular circumstances of the grievance as well as researching prior Umpire decisions to determine the probability of success. The ...

Management did not refuse to place Barnett when he returned to work in March 2007. Instead, the parties applied the local seniority agreement to place him on a job in the assembly area that accommodated his restrictions. The wages Barnett lost during the period from March 2007 through August 2008 ...

Jones failed to respond to the Company’s call to report to work and he could not provide an adequate explanation for that failure. His local representatives did everything possible to have his seniority restored. When his grievance was referred to the Region, the lack of any contractual violation by the ...

The fact that disabled retirees may have diminished post-retirement earning capacity is not the result of any inequitable application of pension plan provisions, but rather the result of the disability. There is nothing in the UAW Constitution, the Ethical Practices Codes or the UAW-GM National Agreement that requires the UAW ...

The grievance procedure is not designed to compensate employees for the sort of intangible loss and distress that Thiel has described in his appeal.   After Thiel complained to the Region about his local committeeperson’s failure to file grievances over the Company’s violation of the ADA, the appropriate grievances were filed ...

Representative Stalnaker’s handling of Goodson’s grievance reveals that he recognized the merit in her position.  He did not withdraw Goodson’s grievance; he negotiated a valuable settlement that protected her seniority, restored her livelihood, and provided some compensation for the income she lost during the period she was discharged. Stalnaker had ...

The notice of disciplinary action charged Radtke with leaving the plant without permission, but the testimony of the Local Union Steward established that she had permission to leave the plant, even if her absence that evening was considered unexcused. It is also clear, however, that Radtke’s supervisor let her know ...

An employee requesting disability leave for a condition such as PTSD would be required to produce medical records of a diagnosable psychiatric illness describing symptoms and treatment and explaining how manifestation of the condition is triggered and why that would prevent the employee from performing his duties in the workplace. ...

We asked the International Union to provide information about the process used to evaluate applicants for the Toolmaker position Bailey sought in August 2016. It is now clear that the award of the promotion to the three men in this case was not dependent on any interviewer’s subjective assessment. The ...