Rational basis test

The PRB’s jurisdiction over appeals related to the processing of grievances is limited to claims that the matter was improperly handled because of fraud, discrimination, or collusion with management, or that the disposition or handling of the matter was devoid of any rational basis.  Here, Appellant does not claim that ...

The PRB’s jurisdiction over claims arising from the disposition of collective bargaining grievances is limited to the question whether the matter was improperly handled because of fraud, discrimination, or collusion with management or whether the disposition was devoid of a rational basis.  In this case, the PRB has no reason ...

Appellant does not claim that the International Representative’s decision to settle her grievance was the product of fraud, discrimination, or collusion with management.  Accordingly, the PRB focuses on whether the decision to settle the grievance had a rational basis.  The International Representative thoroughly investigated Appellant’s termination grievance but found that ...

The Local Chairperson made a rational decision to withdraw Appellant’s grievance.  Appellant was a low seniority employee who was disciplined multiple times during her short tenure with the Company.  In fact, management previously disciplined Appellant for the same infraction which lead to her termination.  When interviewed by the Company about ...

The International Representative made a rational decision that the Union was unlikely to prevail on Appellant’s grievance alleging harassment and a hostile work environment due to a lack of evidence to substantiate the claim.  The Representative also reasonably concluded that the plant closure meant that Appellant was no longer subjected ...

The PRB finds that the Zone Committeeperson’s decision to withdraw the grievance was rational.  Multiple witnesses asserted that Appellant had acted in an aggressive manner toward a co-worker.  In addition, a supervisor witnessed part of the incident.  As the Union recognized, employers increasingly view threatening behavior in the workplace as ...

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 ...

The PRB’s jurisdiction over appeals related to the processing of grievances is limited to claims that the matter was improperly handled because of fraud, discrimination, or collusion with management, or that the disposition or handling of the matter was devoid of any rational basis.  Here, the International Representative relied heavily ...

Appellant does not assert that the withdrawal of her grievance was motivated by fraud, discrimination, or collusion with management.  Nor is there any basis on the Record to suggest that any such factors influenced the handling of her grievance.  Rather, Appellant disagrees with the International Representative’s conclusion that she was ...

Appellant has appealed the decision to withdraw her grievances challenging her demotion from a higher paid position.  The International Representative’s decision to withdraw the grievances was not irrational.  The Company produced documentation showing that it had provided extensive training to Appellant and identifying deficiencies in her performance.  Appellant has claimed ...