Rational basis test

1845 Taylor v. UAW Region 1A

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 ...
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1842 Self v. UAW Region 2B

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 ...
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1841 Butler v. International Union, UAW

The IEB incorrectly held that this appeal was untimely.  This case involves an appeal from the International Representative’s decision not to pursue further Appellant’s reinstatement.  Accordingly, the applicable time limit under Article 33, §4(c) is 30 days from when Appellant first learned of the International Representative’s decision on October 30, ...
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1837 Dickey v. UAW Region 8

In this case, the Board focuses on whether the International Representative had a rational basis for his decision to withdraw Appellant’s termination grievance.  The Company’s Attendance Control Policy places the burden upon the employee to substantiate that a period of absence falls within the non-chargeable category.  On April 18, 2019, ...
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1833 Reynolds v. UAW FCA Department

Given the weight of the evidence showing that Appellant committed serious violations of the Company’s harassment policy, the International Representative made a reasonable decision to settle the termination grievance in exchange for the opportunity to accept early retirement.   Appellant argues that he was not consulted in advance about the settlement.  ...
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1822 Cowan v. UAW Local Union 600

The PRB’s jurisdiction over appeals related to the handling 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.  The Board agrees with Appellant that ...
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1815 Green v. UAW FCA Department

The PRB’s jurisdiction over appeals related to the handling 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.  In cases involving the discharge of ...
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1816 Boehmer v. UAW Region 1A

Appellant argues that the Union incorrectly evaluated the merits of her seniority claim.  The PRB reviews this challenge under its rational basis standard.  Appellant has sought the restoration of her initial hire date in several past grievances.  The Record indicates that the matter was fully considered and rejected in connection ...
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1793-II Baltrusaitis, et al. v. UAW Region 1

As the PRB determined in its prior decision in this case, Appellants have made a sufficient threshold showing that fraud or collusion could have impacted the 2011 transfer of operations to warrant further investigation.  Under the circumstances, the Board found it appropriate for the International Union to present documents or ...
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1814 Kreszowski v. UAW FCA Department

The UAW FCA Department’s decision to withdraw Appellant’s grievance was not devoid of a rational basis.  As the PRB has held in numerous past decisions, the Board will not overturn the grievance-handler’s interpretation of applicable agreement terms, provided the interpretation rests upon a rational basis.  Here, the UAW FCA Department ...
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