Posts Tagged ‘Independent medical exams’
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 Umpire decisions submitted to us…
Read More1632 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 resulted from his medical condition…
Read More1644 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, on the other hand, include…
Read More1683 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 made his inquiry in 2011. …
Read More1782 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. Peoples refused to substantiate the…
Read More1799 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 not identify any specific provision…
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