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OFFICE OF THE UMPIRE No. E-84 March 24, 1947
Alleged Violation of Paragraph 63 (a)
GRIEVANCE: Chevrolet-Muncie—Case E-20 "Asking for advancement to higher rated job I was promised on 6-28-46 according to Par. 63 Sec. a I have sen. date 5-2-35 man going on job has sen. 5-17-46. Pay for same from this date."
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 499 and General Motors Corporation Chevrolet—Muncie Case E-20
On July 1st, 1946, the job setter in the Transmission Assembly Department at Chevrolet-Muncie, was promoted to the post of departmental foreman. In filling the resulting vacancy Management concluded that three individuals in the Final Assembly group, Employee M., seniority date February 1, 1945, Employee B., seniority date December 20, 1940, and Employee F., seniority date November 18, 1940, were approximately equal in ability, merit and capacity. As Employee F. had the longest seniority in this group he received the promotion. In this grievance, Employee T., seniority date May 2, 1945, claims that he was equal or superior to Employee F. in ability, merit and capacity and that under Paragraph 63 (a) of the National Agreement he should have received the promotion. The evidence does not support this claim. It is apparent from the briefs and testimony that while Employee F. worked as a transmission assembler he had performed every operation in the department. During four years spent in the Production Engineering Department, moreover, he had acquired special knowledge of transmission parts and specifications. It is clear from the testimony at the hearing that T. had never operated certain machines in the department. A physical disability, moreover, places him at a disadvantage in the performance of rapid manual operations. Unfortunate as is this disability, the Umpire cannot disregard it in deciding whether or not the complainant is equal in ability, merit and capacity to Employee F. As the Union has not established a violation of Paragraph 63 (a) in this case, the grievance must be dismissed.
Decision The grievance is dismissed. Signed, Ralph T. Seward UMPIRE March 24, 1947. |