Remedies

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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1461 Garab v. UAW TOP Dept.

The Union achieved for Garab all that was available through the grievance procedure. She had already received a monetary settlement, when she was offered a higher rated job with no break in seniority. There was nothing further that could have been achieved through arbitration.
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1487 Lescoe v. Local Union 900

The coincidence of Lescoe’s discharge and the election is not sufficient circumstantial evidence to support the improbable conclusion that Ford Motor Company officials and the officers of Local 900 set up an unauthorized work stoppage simply to justify Lescoe’s discharge. Nevertheless, we find that the Local Union’s handling of Lescoe’s ...
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1522 Avery et al. v. UAW GM Dept.

Although the Union acknowledged that a member of Delphi Management misled appellants about the terms of the employment being offered to them, it explained that it withdrew appellants’ grievance because the UAW-Delphi Agreement does not provide any remedy for claims such as detrimental reliance. We have concluded that this decision ...
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1525 Lombard v. International Union

Although the International Representative’s initial handling of Lombard’s grievance was flawed, the IEB insisted on a thorough investigation and evaluation of Lombard’s chances of gaining reinstatement through arbitration. The investigation conducted by President Gettelfinger’s staff identified a number of factors that supported its conclusion that the case could not have ...
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1543 Thomas v. Amalgamated Local Union 155

There was no legal basis for holding the owner of the business personally liable for the Company’s obligations to its six employees and no corporate assets available to pay those obligations. The only legal claim the Union could assert against the owner was that he wrongfully converted payroll deductions for ...
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1563 Esposito v. IEB

Esposito charged that a flier distributed by the two committeepersons violated the UAW Ethical Practices Codes. The charge ought to have been disqualified pursuant to Article 31, §3(c), of the Constitution, because the UAW Ethical Practices Codes protects the right of a union member to distribute leaflets addressing issues of ...
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1572 II Torres v. UAW Local 594 Executive Board

The charges were properly disqualified pursuant to Article 31, §3(d), because they involved a political question which should be decided by the membership at a membership meeting rather than through the trial procedure.
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1585 Parden v. Region 1A

The withdrawal of Parden’s grievance was inconsistent with the standard established by the UAW for grievance handlers representing high seniority employees. The Regional Representative’s general notion of how arbitrators deal with cases involving the use of drugs and alcohol does not provide a basis for his decision not to pursue ...
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1590 Hanscom v. Region 8

The Democratic Practices section of the UAW Ethical Practices Codes protects a member’s right to criticize the policies and personalities of Union officials, but that protection does not create an obligation on the part of the Union to pursue to arbitration any grievance protesting the employer’s interference with this right. ...
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