Posts Tagged ‘Remedies’
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.
Read More1487 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 grievance protesting the discharge was…
Read More1522 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 was rationally based. The terms…
Read More1525 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 been arbitrated successfully. Lombard has…
Read More1543 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 Union dues and employee benefits…
Read More1563 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 concern to his fellow members.
Read More1572 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.
Read More1585 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 arbitration of a grievance involving…
Read More1590 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. Hanscom apparently wanted the Union…
Read More1605 Lartigue, et al. v. IEB
The evidence in the record is not sufficient to meet the very high burden of establishing that the vote to ratify the MGM Grand contract should be rejected. Nevertheless, the UAW’s arrangement with the other unions representing casino employees does not in any way diminish the rights of UAW members under Article 19, §3, of…
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