Appeals filed in RAvsUPS NLRB case

badsporh

He who is not with us, is against us.
NLRBappealOfALJdecision.jpg
A recommendation was issued in this charge by an NLRB Administrative Law Judge in November. All concerned parties (NLRB, UPS, RA's counsel) have filed appeals to parts of the ALJ's ruling. The case will now go before the Board in DC which currently consists of only 3 of it's normal 5 members (two seats have expired and new board members have not yet been nominated by the new POTUS). It would be better for RA if these appeals are heard ASAP before the POTUS has the chance to fill the two open seats with those who will likely be conservative minded.

UPS has filed their appeal arguing that RA's termination should not have been ruled a violation of the NLRA.

The NLRB and counsel for RA filed their appeals against the ALJ's decision to not order return to work for RA because of Facebook comments he made 5 months after he last was employed at UPS.

I was able to download screenshots of the NLRB prosecutor's appeal and I'm including them in this post.
 

BigUnionGuy

Got the T-Shirt
I've tried to watch this case, since I became aware of it.

Interesting, to say the least.

After losing the initial round, the company offered a payout.


And I am surprised he didn't (take) or try negotiate a better settlement.

But, he appealed it.


What still leaves me scratching my head;

How does a 27 year employee, and 17 year Steward.... get himself in to this predicament ??


It can only be from lack of experience, in a small center.


-Bug-
 

Dragon

Package Center Manager
I've tried to watch this case, since I became aware of it.

Interesting, to say the least.

After losing the initial round, the company offered a payout.


And I am surprised he didn't (take) or try negotiate a better settlement.

But, he appealed it.


What still leaves me scratching my head;

How does a 27 year employee, and 17 year Steward.... get himself in to this predicament ??


It can only be from lack of experience, in a small center.


-Bug-

After 27 years you would think someone would have the experience to make a better decision like make maybe lose the battle for the day but live to fight another day. That statement is for both sides.
 

Bubblehead

My Senior Picture
I've tried to watch this case, since I became aware of it.

Interesting, to say the least.

After losing the initial round, the company offered a payout.


And I am surprised he didn't (take) or try negotiate a better settlement.

But, he appealed it.


What still leaves me scratching my head;

How does a 27 year employee, and 17 year Steward.... get himself in to this predicament ??


It can only be from lack of experience, in a small center.


-Bug-
I have followed the case as well, and agree in part, a very small part.
I would be surprised if RA doesn't look back and see a few things he could have done differently.

What I see as a much bigger set of variables than your perceived "lack of experience" in a "small center", is the undeniable fact that he was fighting the Company, while his Local was selling him out.
What Betty did was irreprehensible.

As you know, in my Local we had a heretic.
Let's call him Sam.
Sam was fired numerous times, for a laundry list of infractions, some trumped up, some self inflicted.
Without exception, despite his narcissistic ways, political opposition, and destructive actions against the Local, our BA's defended him vigilantly and always got him back to work....every time.
In the end, Sam succeeded in unseating these agents and officers, to the undeniable detriment of the Local.
I know for a fact that not one of those agents regret representing Sam to the fullest, because that was their job.

RA was not afforded proper representation, while pursuiting his right to oppose a contract and run for local office.
He was subsequently unduly persecuted by the Company, while being sold out by his Local.
I have questioned his resolve as a so-called "martyr", labeling him instead a victim, fighting for what was his.
This still being a noble mission.

Today, I'm proud to acknowledge RA's selfless appeal for what it is.
I man trying to further and protect all of our rights, at a significant cost to himself.
The true definition of a martyr.

Thanks RA




~Bbbl~™
 
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Bubblehead

My Senior Picture
After 27 years you would think someone would have the experience to make a better decision like make maybe lose the battle for the day but live to fight another day. That statement is for both sides.
We aren't indentured to the Company like you.
Perhaps when you retire, they'll give you your balls back.
raisin-540x380.png
 

badsporh

He who is not with us, is against us.
Good stuff guys! I know that RA will be posting his attorney's exceptions or appeals this week at some time. That will be 30 plus pages long from what I understand. I also know the company's exceptions or appeals have been filed as well. I will try to post both over the next several days. No matter what RA ultimately is perceived as, these documents are worth their weight in gold (I know they don't actually weigh much) to every UPS Teamster out there. They show to the many who don't believe that UPS is capable of such blatant dishonesty, that they actually are capable AND WILLING of such dishonesty.
 

UpstateNYUPSer(Ret)

Well-Known Member
Good stuff guys! I know that RA will be posting his attorney's exceptions or appeals this week at some time. That will be 30 plus pages long from what I understand. I also know the company's exceptions or appeals have been filed as well. I will try to post both over the next several days. No matter what RA ultimately is perceived as, these documents are worth their weight in gold (I know they don't actually weigh much) to every UPS Teamster out there. They show to the many who don't believe that UPS is capable of such blatant dishonesty, that they actually are capable AND WILLING of such dishonesty.

When you do decide to post these please post them as a link rather than as individual pages.
 

BigUnionGuy

Got the T-Shirt
I have followed the case as well, and agree in part, a very small part.
I would be surprised if RA doesn't look back and see a few things he could have done differently.


Hindsight is always 20/20.


When I first became aware of the situation, RA posted (online) both the company's

case and the Local Union's position in defending him.

My initial impression was.... it was just a case of "sour grapes".


Far be it from me, to not have the ability, to change my opinion based on new evidence.

The new evidence being, the transcripts from the NLRB hearing.


What Betty did was reprehensible.


It appears so.


After 27 years you would think someone would have the experience to make a better decision like make maybe lose the battle for the day but live to fight another day. That statement is for both sides.


Thanks, for showing the chink in the company's armor.

Acknowledgement.... is a bitch. :biggrin:



-Bug-
 
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