Category: UPS News

United States Court of Appeals, Third Circuit.

Paul COX, Appellant v. UNITED PARCEL SERVICE, INC.; International Brotherhood of Teamsters, Local Union 401

No. 17-2989

Decided: October 10, 2018

Before: HARDIMAN, KRAUSE, and BIBAS, Circuit JudgesJack M. Bernard, Esq., Philadelphia, PA, for Plaintiff-Appellant Timothy M. McCarthy, Esq., Gary M. Tocci, Esq., Jackson Lewis, Philadelphia, PA, Collin O. Udell, Esq., Jackson Lewis, Hartford, CT, for Defendant-Appellee United Parcel Service Inc Lars H. Anderson, Esq., Hourigan Kluger & Quinn, Kingston, PA, for Defendant-Appellee International Brotherhood of Teamsters Local 401

OPINION *

If a party gets four extensions of his discovery deadlines and blows through them all without justification, he may well not get a fifth chance. The District Court here was admirably patient with Paul Cox, but that patience is finite. It repeatedly warned him that it would dismiss his case unless he complied. When Cox flouted the Court’s deadline yet again, the Court was entirely justified in following through and dismissing the case with prejudice.

One person was shot during a brief argument in a Tempe parking lot early Tuesday morning, police say.

Officers responded to the shooting call at a UPS center’s back parking lot near McClintock Drive and Apache Boulevard.

Initial findings suggest that a brief argument occurred in the parking lot when a man driving an SUV shot another man who was exiting his vehicle. The suspect then fled the scene in the SUV.

The United Parcel Service (UPS) has teamed up with the Boys and Girls Clubs of America to initiate the UPS Road Code Program to help teach teens how to be as safe on the road as their elite Circle of Honor, which is reserved for UPS drivers who have gone 25 years without an avoidable accident.

“We are the first ones in South Dakota to get it,” Kierstin Webster, director of the Boys and Girls Club in Lead, said of the program, which consists of a study course provided by UPS Road Code including guided discussion points, videos, an oversized table top game, and driving simulator program.

The Teamsters union has said that proposed changes to a tentative contract from UPS Freight, UPS Inc.’s (NYSE:UPS) less-than-truckload unit, fails to address the grievances raised by the rank-and-file, and that the union’s negotiating committee will call a nationwide strike sometime after Nov. 12 if workers reject the company’s offer.

UPS Freight employees will vote Nov. 9-11 on the contract, less than a month after more than 60 percent of eligible voters decisively rejected the first proffer. The contract rejection triggered a 30-day extension period that expires Nov. 12. After that time, the union’s negotiating committee can—and now appears it will—call a strike if an agreement isn’t reached within the 30-day period.

The memo said a strike would be a “last resort,” but that the negotiating committee would have no choice should members reject the offer. The rank-and-file are taking a second vote on the initial contract, and are not voting on a revised proposal.