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UPS Subsidiaries
UPS Freight = TForce Freight
Unhappy with the IBT...deal with the company directly...
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<blockquote data-quote="SMCRDFCL" data-source="post: 851907" data-attributes="member: 7539"><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"> A complaint is filed in Federal Court against UPS, UPS Freight and The Teamsters Local 533 [Reno, NV] and has a docket number <a href="http://www.browncafe.com/forum/#_ftn1" target="_blank"><span style="color: black"><span style="font-family: 'Times New Roman'">[1]</span></span></a>. </span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"> The complaint(s) have consulted the NLRB, which is the source of the ACT 159 that states <strong>“…<strong>Sec. 9 [§ 159.] (a) [Exclusive representatives; employees' adjustment of grievances directly with employer] <em>Provided</em>, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect: <em>Provided further</em>, That the bargaining representative has been given opportunity to be present at such adjustment.”</strong></strong></span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"> Complainants, many who have been Union Stewards and their attorneys have searched for case law. It appears that this case will possible establish some new case law if their positions are sustained. The point is, after reading the above NLRB <strong>Sec. 9 [§ 159.] (a), applying it to the contract “<u>aslong as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect</u>.” Now use some common sense, when a party to a contract is in breach of that contract according to the other party, the natural recourse is to go to court. The fact that UPS Freight employees are represented by the Union has little merit and among that, value is exclusive representatives [for the negotiation of a contract]. IF the employees WANT to use the process outlined in the contract to address breaches [grievances] then they can.</strong></span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"><strong> The plaintiffs are asking the court to decide the complaint, fault and damages. The court can order the defendants to correct their breach and make the plaintiffs whole.</strong></span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"><strong> This is going to be an interesting court battle and of course, THE UNION does not like one part of it. It is taking away some of their power and may allow employees to seek redress outside of the union machine which we all know has been dragging their feet, costing enormous amounts of membership money in pre-panels, grievance panels and related expenses. </strong></span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"></span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"><hr /><p><a href="http://www.browncafe.com/forum/#_ftnref1" target="_blank"><span style="color: black"><span style="font-family: 'Times New Roman'">[1]</span></span></a><span style="font-size: 10px"> Case Name: Garrison v. United Parcel Service, Inc. a Delaware Corporation et</span></span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"><span style="font-size: 10px">Al Case Number: 3:11-cv-00372-RCJ -RAM</span></span></span></span></p><p> <span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"></span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"></span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"></span></span></span></p><p><span style="font-size: 12px"><span style="color: #000000"><span style="font-family: 'Times New Roman'"></span></span></span></p></blockquote><p></p>
[QUOTE="SMCRDFCL, post: 851907, member: 7539"] [SIZE=3][COLOR=#000000][FONT=Times New Roman] A complaint is filed in Federal Court against UPS, UPS Freight and The Teamsters Local 533 [Reno, NV] and has a docket number [URL="http://www.browncafe.com/forum/#_ftn1"][COLOR=black][FONT=Times New Roman][1][/FONT][/COLOR][/URL]. The complaint(s) have consulted the NLRB, which is the source of the ACT 159 that states [B]“…[B]Sec. 9 [§ 159.] (a) [Exclusive representatives; employees' adjustment of grievances directly with employer] [I]Provided[/I], That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect: [I]Provided further[/I], That the bargaining representative has been given opportunity to be present at such adjustment.”[/B][/B] Complainants, many who have been Union Stewards and their attorneys have searched for case law. It appears that this case will possible establish some new case law if their positions are sustained. The point is, after reading the above NLRB [B]Sec. 9 [§ 159.] (a), applying it to the contract “[U]aslong as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect[/U].” Now use some common sense, when a party to a contract is in breach of that contract according to the other party, the natural recourse is to go to court. The fact that UPS Freight employees are represented by the Union has little merit and among that, value is exclusive representatives [for the negotiation of a contract]. IF the employees WANT to use the process outlined in the contract to address breaches [grievances] then they can.[/B] [B] The plaintiffs are asking the court to decide the complaint, fault and damages. The court can order the defendants to correct their breach and make the plaintiffs whole.[/B] [B] This is going to be an interesting court battle and of course, THE UNION does not like one part of it. It is taking away some of their power and may allow employees to seek redress outside of the union machine which we all know has been dragging their feet, costing enormous amounts of membership money in pre-panels, grievance panels and related expenses. [/B] [HR][/HR][URL="http://www.browncafe.com/forum/#_ftnref1"][COLOR=black][FONT=Times New Roman][1][/FONT][/COLOR][/URL][SIZE=2] Case Name: Garrison v. United Parcel Service, Inc. a Delaware Corporation et[/SIZE] [SIZE=2]Al Case Number: 3:11-cv-00372-RCJ -RAM[/SIZE] [SIZE=2] [/SIZE] [/FONT][/COLOR][/SIZE] [/QUOTE]
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