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OFFICE OF THE UMPIRE No. C-324 February 23, 1945
Alleged Violation Of Paragraph 63
GRIEVANCE: Chevrolet-Atlanta—Case C-10 "Request that I be given utility job on trim line in accordance with Paragraph 63 of the National Agreement."
Umpire’s Decision: The grievance is dismissed. (Entire Decision should be read)
In the Matter of: United Automobile Workers of America—C.I.O.—Local 34 and General Motors Corporation—Chevrolet—Atlanta—Case C-10
The question raised in this case is whether or not Management violated Paragraph 63 of the Agreement by promoting Employee W., seniority date July 7, 1933, to the position of Utility Man on the Trim Line in place of Employee C., seniority date April 12, 1928. Upon the evidence in this case the Umpire can find no violation. It appears that prior to January, 1944, when the promotion was made, W. had experienced upon almost all of the Trim Line operations and was able to take over the job with little or no training. C., on the other hand, had not been broken in on a number of Trim Line jobs. The Umpire concludes from the evidence, moreover, that C. is physically far less qualified than W. for many types of Trim Line work, and particularly such jobs as require great rapidity and dexterity or which involve climbing in and out of cabs and working in cramped and difficult positions. The Union is correct in arguing that greater age by itself should not be taken to indicate lesser ability, merit and capacity, and that any such principle would often render meaningless the seniority provisions of Paragraph 63. On the other hand, the Umpire cannot disregard proven physical incapacities merely because they result from age. In the view of the Umpire, Management has established that W. was unquestionably C.’s superior in ability, merit and capacity and that no violation of Paragraph 63 has been shown.
Decision The grievance is dismissed. Signed, Ralph T. Seward UMPIRE February 23, 1945. |