Independent medical exams

1878 Anthony v. UAW Region 4

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 ...
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1601 Neely v. Region 3

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 ...
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1632 Barnett v. Local Union 735

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 ...
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1644 Dolan v. Local Union 22

The local committeeperson provided a very clear explanation of the basis for his calculation of Dolan’s lost income at the hearing conducted for the IEB. He based his calculations on the hours that Dolan would have been scheduled to work if he had been given a temporary assignment. Dolan’s calculations, ...
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1683 Lymon v. Local Union 2209

The time limits of Article 33, §4(b) and (c) begin to run from the time an appellant reasonably should have become aware of the decision being appealed.  Lymon knew, or reasonably should have known, that Local 2209 was no longer pursuing any grievance on his behalf by the time he ...
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1782 Peoples v. UAW-FCA Department

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. ...
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1799 Kreszowski v. UAW FCA Department

UAW FCA Department’s decision to withdraw Appellant’s grievances was not devoid of a rational basis.  The International Representative reasonably concluded that the Company’s requirement that Appellant obtain medical certification before returning to service did not violate the collective bargaining agreement.  Indeed, the detailed and lengthy Record in this matter does ...
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