ABOUT THE DARKER SIDE OF BROWN

"While the newly elected Local Union 639 representatives,
the Members United Slate, is cutting back health and welfare benefits
for working spouses, they spend the members' dues to pay legal fees
to help support UPS in upholding a violation of the members' contractual right!"

In essence, The Darker Side Of Brown isn't about Dan O'Shea. It's about a panel decision that affects all UPS Teamsters.

Article 7 of the National Master Collective Bargaining Agreement gives every member the right to progressive discipline if it is not a 'cardinal offense'.

On May 13, 2004, Dan O'Shea was fired for using a tape recorder after 15 years of using one. On August 19th, 2004 the arbitrator, David Vaughn upheld the discharge, despite UPS' refusal to present a policy against the use of a tape recorder, and the Union's refusal to acquire this 'hidden' policy.

In four certified letters to former Teamsters Local Union 639's President John Catlett:

Had a request from Dan O'Shea for UPS' tape recording policy.
- Catlett refused.

Dan O'Shea requested UPS' call-in policy.
- Catlett refused.

Dan O'Shea requested UPS' clean-in and clean-out policy and I.D. policy.
- Catlett refused.

Dan O'Shea requested witnesses that had intimate knowledge of his use of a tape recorder for 15 years. These witnesses ranged between a 20-year shop steward, to various drivers in the center to former management personnel that Dan O'Shea worked under. These same witnesses were called by these same officers in panel cases for other employees. Why not in O'Shea's case?
- Catlett refused.

Dan O'Shea requested witnesses that had intimate knowledge of the call-in policy that Dan O'Shea followed that was in use by center drivers at the time.
- Catlett refused.

Dan O'Shea at the panel hearing stated he was not given proper representation. The arbitrater, David Vaughn ruled, in summation, that the company 'proved' its case against O'Shea in "tape recording, call-in and clean-in, clean-out." Every item in the decision Dan O'Shea was refused in documents, investigation and witnesses.

The arbitrator ruled Dan O'Shea should have remained on the job, but that 'discharge' was the appropriate penalty, despite Article 7 of the Master Contract that requires progressive discipline, at least a warning letter in a members file.

Dan O'Shea's file was clean. In the prior nine months, no discharges, no suspensions, no warning notices. Dan O'Shea was awarded back-pay! Yet, a 24-year career down the drain in violation of the contract.

The lawsuit is not just about Dan O'Shea.

It's about the rights of every Teamster member. Now UPS can use this decision in every panel hearing across the country.

UPS will now continue to terminate employees with no discipline due to this decision without ever being forced by the International Brotherhood of Teamsters to show any policy.

This lawsuit is about correcting a wrong not committed against just Dan O'Shea, but against every UPS Teamster. As of now, any teamster member can be taken before the panel, without a warning notice and under non-cardinal infractions and now be abruptly discharged.

Question: In such a horrendous decision, is Arbitrator David Vaughn still sitting on panel hearings? If so, why is the Teamsters Union allowing such an arbitrator? What is James Hoffa doing about a ruling such as this?

In November, 2003, a new slate ran against Catlet's CMS slate. Over 3,000 copies of Dan O'Shea's website (Campaign Website) were distributed among the membership. That website was instrumental in voting out the Catlet/Steger slate after 20 years in office by 125 votes.

The new slate, the Members United Slate, now that they have been elected to office, have decided to fight Dan O'Shea's unjustified discharge even though they campaigned against the unjust discharge! See the campaign document they passed out to the membership during the election.

The new slate, the Members United Slate is now spending the memberships dues money to fight an unjust discharge and a contractual right all members used to have, the right to a warning notice prior to suspension or discharge in non-cardinal infractions!

While the Members United Slate is cutting back health and welfare benefits for working spouses, they spend the members' dues to pay legal fees to help support UPS in upholding a violation of the members' contractual right!

It is a clear example that the very Panel System itself is corrupt and along with it officers who had seen the truth, elected on campaigning on the truth, then suddenly turn their backs on the truth and the membership.

As this suit moves on into the discovery phase, the summary judgement phase and the trial phase, documents submitted through the court will be posted. Different areas of the site will gradually be updated.

This site is about knowledge for UPS Teamsters. When UPS refuses to honor a contract, when a renegade Teamster Local fails to represent, use the web, today's technology to oust such officers and to enlighten the membership to fight such injustices.

2 items to note:

UPS corporate knows what's going on nationwide with respect to how they have treated their current and former employees. Note in each certified letter prior to the termination that the concerns also went to corporate headquarters in Atlanta.

IBT, the mighty teamsters? Note how many document requests were made by Dan O'Shea for his defense, yet the Teamsters Union couldn't even acquire his personal employee file for the panel.

And, from Teamsters For A Democratic Union, an article titled, Using Information Requests to Win Grievances. The booklets TDU refers to in these types of requests has some excellent case law with respect to a union's failure to represent, document requests and investigations.

If any UPS Teamster has any experiences or issues that relate to this lawsuit, please contact Dan O'Shea at danoshea@thedarkersideofbrown.com.

 

This site is dedicated to all Teamster UPSers, Union employees, working Americans and their families who have experienced situations similar to. . .The Darker Side of Brown.

www.thedarkersideofbrown.com | The Darker Side Of Brown | Email Dan O'Shea
 
The intent of this site is to provide public discourse of the current landscape and climate of the rights of the common American Worker with respect to the political, corporate, union, government and judicial entities that affect those rights. Each reader must form his or her own beliefs, ideas and opinions after reading the opinions, exhibits and documents that now exist on this site and in the public domain, including govenment records such as the NLRB and judicial records of written opinions.

Disclaimer: Any and all writings herein of the Darker Side of Brown are opinions by this site contributed by individuals.