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OFFICE OF THE UMPIRE No. E-47 JANUARY 13, 1947
Claimed Violation of Paragraph 63 (b).
GRIEVANCE: Pontiac Motor Division—Case E-57 "Protest being removed or replaced by man without seniority from job."
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 653 and General Motors Corporation—Pontiac Motor—Case E-57 Employee S. had been working for some months in the "Buffer and Polisher" classification on the buffing of bumper guards. It was apparently customary to "break in" new employees on this operation. On or about July 9, 1946, S. was reassigned, over his protest, to the polishing of radiator side grille moldings. A newly hired employee was placed on the bumper guard buffing which he had been doing. The Union claims in this grievance that this action of Management in reassigning S. after he had applied for retention on the bumper guard operation was a violation of Paragraph 63(b). His replacement by a new hire, in the eyes of the Union was a further violation. Neither claim is sound. The Umpire held in Decision E-44, that Paragraph 63 (b) relates only to "transfers" and does not affect Management’s rights in reassigning employees from operation to operation within the same wage classification. He held further that the Paragraph gives employees no rights to refuse a transfer, but only a right to secure one if they make proper application and can do the work requested. Under either holding the present grievance must be dismissed. If an employee in another classification in the same department had applied for a job as a Buffer and Polisher, Management’s action in bringing in a new hire would clearly have been improper. No employee already in the classification had a right under Paragraph 63 (b) to object to the new hire, however, and the fact that their own job assignments were shifted at the same time is clearly immaterial.
Decision: The grievance is dismissed. Signed, Ralph T. Seward UMPIRE January 13, 1947. |