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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The decision not to appeal the case to the Umpire was rational. It was unreasonable for Carroll to assume that a call to the guard shack would justify his absence until August 18 in the absence of any documents to support his request for medical leave, particularly in light of the Company’s warning that he…

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We are not confronted with the question whether the Union could have persuaded an arbitrator to enforce Morgan’s right to bump into the Packer/Stocker position over Management’s objection. The record supports the conclusion that but for the Local President’s intervention Morgan would have been allowed to bump into the Packer/Stocker position. We find, however that…

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Norris was a relatively low seniority employee who had been placed on probation as a result of chronic absenteeism. When he violated the terms of his probation, he was properly subject to discharge. The International Representative’s decision not to appeal the Company’s denial of Norris’ grievance was clearly rational for his termination violated no provision…

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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 grievance protesting the discharge was…

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Coyne was subject to discharge under the Company’s policy of zero tolerance to violent conduct as the result of her repeated threats against co-workers. The Union had no contractual basis for insisting on her reinstatement.

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The parties agreed to resolve the work assignment dispute at issue based on an evaluation of the facility by the UAW DaimlerChrysler Department and a member of Management. Assistant Director Klea of the Daimler Chrysler Department explained that he based his decision on an analysis of the tasks performed and the skill level required for…

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Ferrell was disciplined for failing to bring his efficiency level up to the Company’s standard. The Local Bargaining Committee withdrew a grievance protesting the discipline based on its conclusion that the Company’s standard was reasonable. It was not irrational for the Local Bargaining Committee to conclude that evidence which failed to convince the Company that…

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The collective bargaining agreement specifically allows the employer to lay off employees permanently when appropriate. Perez argued that the contract prohibited management from replacing him with a non-bargaining unit employee, but the contract does not state that unequivocally. The restriction on the performance of bargaining unit work by members of management is so qualified that…

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Shepard insists that his discharge could not have been sustained because he completed the task assigned to him. The record demonstrates, however, that Shepard was discharged for his angry and disruptive behavior towards his supervisor in response to the assignment, rather than for a failure to complete any particular task. Representative Uram based his decision…

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