Dan O'Shea

[beatupbrown]

Looks like Dan O'Shea case is over finally ,courts rules against him.
http://www.thedarkersideofbrown.com/

[Jones]

I've been aware of this case for some time, but pretty much everything I know about it is from reading Dan's website which, if taken at face value, is pretty damning on the level support he got from the union.
My personal experience with Local 639 is that they represent the membership pretty well, and I'm curious as to why they acted the way they did in this case. Anyone from Maryland care to chime in?

[hdkappler]

i think in don oshea's case he got a ****y deal.i think that the local's member ship should take up a collection to help this poor person out with expence.as far as the union goes i think they should of voted hoffa out.with ups i hope the media gets a hold of this story about they destroyed his future.it made me sick when i read this.i know i'am retired from ups.in away after what happened to him i can,t say i'am proud to be ups or union.maybe i shouldn't be so bitter but he has nothing.i feel sorry for him.i urge everyone to write to there local and find about this case.(the c.m. that fired him must be real scum.)it's to bad this story can't get on 60min.like to see new's media get a hold of this one.

[tieguy]

looks to me like a guy who went out of his way to piss off everyone including the union. He was then stupid enough to carry a recording device and use it which is against the laws of maryland.

[satellitedriver]

Oh, Danny boy
the pipes are a calling.
I know nothing about this case, except what has been presented here.
If his case has gone through the scrutiny of the union, the company and the courts, he is SOL.

[browned_out]

:confused1 (As O'Shea's 4th Circuit briefs and Supreme Court brief will verify, there was no violation of law. The Maryland wiretapping law applies only to "private communications" and the Supreme Court has already determined that work-related communications are not "private communications". Hey Tie can you comment on this statement, as it contradicts your post.

[hdkappler]

i don't understand why the union didn't do anything?does this mean he gets no retirement at all?the c.m.must of had it in for him.i'am glad i'am retired.it was a hell of alot better place to work 10 yrs ago than it was from 2003and above.

[tieguy]

Originally Posted by browned_out

:confused1 (As O'Shea's 4th Circuit briefs and Supreme Court brief will verify, there was no violation of law. The Maryland wiretapping law applies only to "private communications" and the Supreme Court has already determined that work-related communications are not "private communications". Hey Tie can you comment on this statement, as it contradicts your post.

No problem. Your argument seems to contradict the findings of the various panels, courts and supreme courts none of which put the man back to work.

If he was fired for using the device and the courts found he did nothing wrong then he would have been returned to work.

thus I have a sneaking suspicion that he was wrong.

[beatupbrown]

I think the courts are more concretive then ever before.
I think that UPS and the union have back room deals. In these
back room deals UPS says I want this guy gone ,the union gets in return
cases where they get to keep A person. I also think the union has lost power
and is losing power UPS gets more and more what they want right or worng. I think the NLRB and OSHA is pro business after years of apptoinments from the consertive probusiness goverment.

Tieman,

Appears what the "guy did", as you put it, was have a work-related injury and 1 year from a paid retirement.

Reading his briefs, it looks like the company changed and contracted their position as to what he did wrong about 25 times until O'Shea caught them in their own lies.

Worst and most pitiful thing about it all, and just like your doing, is convicting him without due process. All of us when charged with a crime should have a fundamental right, as O'Shea did to a trial of his peers.

This is disturbing to all workers, that a union employee can be found guilty of a crime without the right to an attorney or a jury - fundamental to our constitutional laws.

Further reading, and the links are extraordinary, is that the courts now appear to be bought off by the lobbyists.

It is evident the law that protects us is now auctioned off to the highest bidder...

[Cezanne]

Proverbs 28:12

(When the righteous triumph, there is great elation; but when the wicked rise to power men go into hiding.)

nuff said..

Originally Posted by DepoMan

Tieman,

Appears what the "guy did", as you put it, was have a work-related injury and 1 year from a paid retirement.

Reading his briefs, it looks like the company changed and contracted their position as to what he did wrong about 25 times until O'Shea caught them in their own lies.

Worst and most pitiful thing about it all, and just like your doing, is convicting him without due process. All of us when charged with a crime should have a fundamental right, as O'Shea did to a trial of his peers.

This is disturbing to all workers, that a union employee can be found guilty of a crime without the right to an attorney or a jury - fundamental to our constitutional laws.

Further reading, and the links are extraordinary, is that the courts now appear to be bought off by the lobbyists.

It is evident the law that protects us is now auctioned off to the highest bidder...

I have not read all the documents ( I have read some) he posted on his site, but it sounds like others have and think this was an unfair decision....could be, but....

Each district has a few employees like this.....I am sure there is a lot more improper/dishonest things that this employee did over the years of his employment, for which he was never properly disciplined...or certainly were never presented on the www for our digestion.....

Battles like this always appear to be a case in which the employee is the poor little guy versus the big bad company....But where there is smoke there is fire.....and I am sure there is more to the stance the company took than just this little snippet of drama in this employee's career.....for someone to bring a tape recorder into work for 15 years should tell you a little bit about the attitude of this former employee....c'mon people, smell the coffee.....it is people like this that will ruin the company.....and give packages to the non-union carriers that are nipping at our heels. We work hard and are paid fairly. And are competing against others not playing by the same rules....garbage like this must be thrown out....we are fighting for our combined existence like never before...thank god for international and our other growth areas, because our core is struggling to stay afloat.

[hdkappler]

i still think the union didn't help him.it's not fair that he has no pension.i read megan's story what they put that little thru.the guy isn't able to work because of back injures.i wish someone from his center would step forward at brown cafe tell his story.

[browned_out]

:confused1 I would think that he still gets his pension, he just won't get it until he's 65/67, where he would have had it at 55/57 if he wasn't fired. Let me know if I'm wrong, but you don't lose all those years of pension contributions do you?

[local804]

The courts do not always make the correct choice the first time. The system does have its flaws, that why there is an appeliate division and judges rulings do get over turned. Just because he lost the court case does not mean that he is wrong. Hell, just look at OJ.

[mikestrek]

I believe we all get frustrated at UPS and sometimes we just can't take it any more. I have to talk to myself a lot and calm myself down even when I know I'm right on the money. I think Dan got frustrated and pushed a little to far. I'm also a 23 year employee and I feel bad for his family. But once corporate UPS and the Teamsters make a call they can't back down or they look weak. Pay attention folks, If you plan to be with the company for a full carrier, 25, 30, 35 years. You better learn that change is good and sometimes your right, But still proven wrong. Yes, I'm proud of my union but I never once believe there going to save my a#*. I know I'm on my own and that's the best attitude to keep. Things don't always stay the same so plan to change up once in a while.

[DS]

I sent an email to him and asked him to talk to us here.
I hope he responds.

[hdkappler]

sent an e-mail to dan.to see if there is something that the drivers could help him with.take up donations etc.

[coldworld]

Originally Posted by Load Stand

I have not read all the documents ( I have read some) he posted on his site, but it sounds like others have and think this was an unfair decision....could be, but....

Each district has a few employees like this.....I am sure there is a lot more improper/dishonest things that this employee did over the years of his employment, for which he was never properly disciplined...or certainly were never presented on the www for our digestion.....

Battles like this always appear to be a case in which the employee is the poor little guy versus the big bad company....But where there is smoke there is fire.....and I am sure there is more to the stance the company took than just this little snippet of drama in this employee's career.....for someone to bring a tape recorder into work for 15 years should tell you a little bit about the attitude of this former employee....c'mon people, smell the coffee.....it is people like this that will ruin the company.....and give packages to the non-union carriers that are nipping at our heels. We work hard and are paid fairly. And are competing against others not playing by the same rules....garbage like this must be thrown out....we are fighting for our combined existence like never before...thank god for international and our other growth areas, because our core is struggling to stay afloat.

Thats why our volume is up year after year...people please wake up and look at the real numbers. Yes some volume is not with us, some come back to us. Some volume is new...you cant have competion taking all of the volume and have volume up year after year after year...it doesnt make any sense. This whole thing has been debated on here before....its just not true to the extent that ups wants you to believe...stop drinking the brown water.

[tieguy]

Originally Posted by beatupbrown

I think the courts are more concretive then ever before.
I think that UPS and the union have back room deals. In these
back room deals UPS says I want this guy gone ,the union gets in return
cases where they get to keep A person. I also think the union has lost power
and is losing power UPS gets more and more what they want right or worng. I think the NLRB and OSHA is pro business after years of apptoinments from the consertive probusiness goverment.

this case has gone through alot of legal processes to get to this point. There are people out there winning major lawsuits over hot cups of coffee. The fact this guy has lost so many times would lead me to believe the odds are strongly against his innocence.

[tieguy]

Originally Posted by DepoMan

Tieman,

Appears what the "guy did", as you put it, was have a work-related injury and 1 year from a paid retirement.

Reading his briefs, it looks like the company changed and contracted their position as to what he did wrong about 25 times until O'Shea caught them in their own lies.

I wouldn't think to believe I have the legal expertise to read his documents and render a decision. You and I can only judge this case by what he post on his website since UPS will never post a rebuttle to his information on any website. His case is clearly presented from one perspective only.You're right per his briefs and his website which is skillfully scripted to make his case. However his case has now gone through numerous trials and intensive scrutiny without a win. Thus what appears to be one way to you did not appear the same way to experienced jurists who know and understand the law a heck of a lot better then you or I.

[sweetshadesbrah]

Its unfortunate UPS doesn't care about or respect any of its employees.