Rational basis test

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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1879 Brown v. UAW-GM Department

The Union’s decision not to pursue the grievance further through arbitration was a reasonable one.  There was a substantial likelihood that the Umpire would credit the account given by multiple witnesses over Appellant’s version of the events in question.  Arbitrators are often unwilling to order reinstatement in cases involving threatening ...
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1877 Kreszowski v. UAW Stellantis Department

Appellant claims that the decision to withdraw his grievances was tainted by fraud, discrimination, and collusion with management, but offers no evidence to support this allegation.  Accordingly, the PRB focuses on whether there was a rational basis for the withdrawal.  The Local and the International Union went to considerable lengths ...
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1869 Turner v. UAW-GM Department

The PRB addresses whether the settlement of Appellant’s termination grievance was devoid of a rational basis.  When the Board applies the rational basis test, its concern is whether the representative has provided the minimal rational level of investigation, expertise, and advocacy a UAW member has the right to expect.  In ...
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1872 Slavens v. UAW Local Union 865

The Board focuses on whether there was a rational basis for the withdrawal of Appellant’s grievance challenging his rate of pay.  This case involves a fairly complex set of pay provisions, negotiated by the Union over the course of several contracts.  After the Company denied the grievance at the initial ...
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1871 Pedraza v. UAW Local Union 838

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 Local Bargaining Unit Chairperson ...
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1863 Young v. UAW Region 2B

The International Union argues that the Appellant lacks standing because she accepted a settlement in which she agreed to resign her employment in exchange for compensation.  Consistent with prior PRB decisions, the Board rejects this argument.  The relevant consideration in this case is what is being appealed.  Appellant is appealing ...
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1860 Joiner v. UAW Local Union 900

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 ...
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1858 Clay v. UAW Local Union 3000

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 ...
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1855 Latif v. UAW Stellantis Department

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 ...
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