Dear TieGuy,
Were you personally present during the process? Do you know this driver personally? Did you handle or manage the case to know that he didn't follow procedures? If not, I suggest you do your research before you opine about this driver. Obviously you didn't because you would have learned that the California court system is limited to the State of California and that federal courts have jurisdiction nationwide regardless of where the case is filed. Also, you would have learned that a federal judge has allowed the case to proceed because legal grounds exist. Federal judges staff law clerks to conduct extensive research so as to assist them before issuing a ruling. Obviously, the driver has legal grounds to make his case. If it were a frivolous case, it would have been rejected.
I know the driver and I can tell you from a personal standpoint that he followed procedures, in place by UPS, and that he exhausted all of the administrative remedies to absolutely no avail. He demanded the policies, read them and questioned them and made his arguments to UPS, the Union and the Boards. He fought for what was right. Good for the driver who did not allow himself to be intimidated! An excellent example of how to exercise your rights! I hope that if any good comes out of this, it is that UPS learns to value its employees and treat them like human beings.
Mr. Tieguy, I suggest you sit through the trial. You might learn something before you voice your next assumption.