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UPS Union Issues
9.5 Arbitration decision - Or - Why clear contract language is important
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<blockquote data-quote="browned out" data-source="post: 4216220" data-attributes="member: 8105"><p>UPS has been abusing this language for years. Grievance after grievance is either stonewalled, withdrawn or settled short. If by some chance; a grievant is successful; retaliation from UPS is forthcoming.</p><p> </p><p>Continuously is 3 days in a 5 day period. Not open to interpretation. No grey area.</p><p></p><p>Once it gets to the arbitrator; we are basically screwed.</p><p></p><p>If anyone is assigned an arbitrator with the initials B.W. Google arbitrators with the initials B.W. and you can ascertain who it is. Avoid at all costs. Request BW to recuse him/herself or withdraw.</p><p></p><p>B.W. along with many other arbitrators consistently side with the company.</p><p></p><p>And if you are not on the best of terms with the union and UPS; Avoid B.W. if at all possible. B.W. will not make decisions based on the CBA or the essence of the CBA. You will have very little to no chance of correcting (successfully appealing) B.W. award/decision in Federal or State court.</p><p> </p><p><strong><em>The Supreme Court’s decision in 'Henry Schein', and the First Department’s decisions in 'Daesang' and 'Spell', reaffirm that those courts will strictly enforce arbitration agreements on the front-end of the arbitration process, and afford a high degree of deference to the arbitrator’s award at the back-end of the process</em>.</strong></p><p> </p><p>Some of these arbitrators are just as unethical and corrupt as Hoffa/Hall/Taylor/BRF & UPS Labor Mgmt combined.</p></blockquote><p></p>
[QUOTE="browned out, post: 4216220, member: 8105"] UPS has been abusing this language for years. Grievance after grievance is either stonewalled, withdrawn or settled short. If by some chance; a grievant is successful; retaliation from UPS is forthcoming. Continuously is 3 days in a 5 day period. Not open to interpretation. No grey area. Once it gets to the arbitrator; we are basically screwed. If anyone is assigned an arbitrator with the initials B.W. Google arbitrators with the initials B.W. and you can ascertain who it is. Avoid at all costs. Request BW to recuse him/herself or withdraw. B.W. along with many other arbitrators consistently side with the company. And if you are not on the best of terms with the union and UPS; Avoid B.W. if at all possible. B.W. will not make decisions based on the CBA or the essence of the CBA. You will have very little to no chance of correcting (successfully appealing) B.W. award/decision in Federal or State court. [B][I]The Supreme Court’s decision in 'Henry Schein', and the First Department’s decisions in 'Daesang' and 'Spell', reaffirm that those courts will strictly enforce arbitration agreements on the front-end of the arbitration process, and afford a high degree of deference to the arbitrator’s award at the back-end of the process[/I].[/B] Some of these arbitrators are just as unethical and corrupt as Hoffa/Hall/Taylor/BRF & UPS Labor Mgmt combined. [/QUOTE]
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9.5 Arbitration decision - Or - Why clear contract language is important
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