3671-00-U Tony Fomenko, Applicant v. Local 222 of National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Responding Party v. General Motors of Canada Limited, Intervenor.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; September 18, 2001
1. Paragraph 18 of my decision of September 14, 2001 read as follows:
18. On October 10, 1999, the union informed Mr. Fomenko that it would not proceed with his discharge grievance because it had a job for him if he were willing to sign the authorization. Mr. Fomenko’s assertion that he did not know what job or which employer the union was talking about is not credible. Clearly, based on the information the union provided on October 10, 1999 (as well as the evidence of General Motors’ willingness earlier to take the applicant back if he would agree to the insertion of a suspension on his record) the union had secured a commitment from General Motors to reinstate the applicant in a position he could perform at his normal rate of pay. That the union was unable to say with specificity what the job would be was understandable because the applicant had yet to be examined by an independent third party with respect to the issue of medical restrictions. The applicant’s own actions in refusing to permit the necessary flow of medical information prevented the resolution of that issue, which in turn led to the withdrawal of the discharge grievance. The union cannot be held accountable for that unfortunate result.
2. The reference to October 10, 1999 was in error. The correct date is October 10, 2000.
3. Accordingly, the Board hereby amends its decision of September 14, 2001, by substituting October 10, 2000 in place of the reference to October 10, 1999 in paragraph 18 of that decision.
“Patrick Kelly”
for the Board