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OFFICE OF THE UMPIRE No. D-33 May 28, 1946
Loss Of Seniority Under Paragraph 64(c).
GRIEVANCE: Fisher Ternstedt-Detroit—Case D-30 "Request Management to recognize 1-5-43 as my seniority date; and my record be changed to read layoff instead of quit. On June 4, 1945, I was confined to the House of Correction by Hon. John J. Maher; for that reason I was unable to report my absence."
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 174 and General Motors Corporation—Ternstedt-Detroit—Case D-30 On May 26th, 1945, the complainant, an arc welder, holding a seniority date at the Ternstedt Division of January 5, 1943, applied for and received a military leave of absence. On July 2nd, 1945, he returned to the plant and asked that he be reemployed at his former job, stating that on June 2nd, 1945, he had been rejected by the armed services. When asked why he had delayed a full month before returning to work, the complainant stated that he had been confined in the Detroit House of Correction for 26 days. Management thereupon refused to reemploy him as a seniority employee, advising him that since he had been absent from employment for more than three working days without notifying the Management or supplying a satisfactory reason for his failure to do so, his seniority was broken in accordance with the provisions of Paragraph 64(c) of the National Agreement. In this grievance the complainant asserts that Management’s action was improper and asks that his seniority be restored. It appears that on May 13th, 1945, the complainant was involved in a fight at Briggs Stadium and was charged with disturbing the peace. On the following day he was arraigned, pleaded guilty to that charge and received a 30-day sentence. Shortly afterwards, on the same day, he secured an attorney who moved for a new trial. The motion was argued on May 24th, 1945. Pending argument and decision the complainant was released on bail. On Saturday, June 2nd, 1945, as has been noted, the complainant was rejected by the armed services. Early on Monday morning, June 4th, he reported at court with his attorney. His motion for a new trial was denied, he was taken into custody, and at four o’clock that afternoon commenced serving his sentence in the House of Correction. It is clear from the complainant’s own testimony that he had an opportunity to communicate with the plant on Saturday afternoon, after his rejection, and again on Monday morning before his appearance in court. After his sentence, he could have asked his attorney to communicate for him. After his incarceration in the House of Correction, he was allowed to write one letter a week and could have written to the plant. He made no effort, however, to take advantage of these opportunities. Upon the basis of his testimony, indeed, the Umpire doubts that the matter even occurred to him. Under the circumstances, it must be held that he has given no "satisfactory reason" for his failure to report his absence to Management, and that under Paragraph 64(c) his seniority was properly broken. As the Umpire has stated before, if employees are to enjoy the privileges and benefits granted them by the National Agreement they must be willing to fulfill the obligations which that Agreement places upon them. Not the least of those obligations is the duty of keeping Management informed when circumstances require them to be absent from their jobs for more than three working days. The complainant’s difficulties in communicating with the plant were considerable, but he should at least have made an effort to overcome them. For his loss of seniority he has only himself to blame. The grievance is dismissed.
Decision: The grievance is dismissed. Signed, Ralph T. Seward UMPIRE May 28, 1946. |