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"And Justice for All Some."
   
   
(Amended exception - American Workers.)
See "The 24% Survival Rate"
   
         
   
ACTS OF OBSOLETION  |  DENIAL OF DUE PROCESS  |  THE CASE  |  AN ASSAULT
TRAILS - MONEY & POLITICS  CONNECTING THE DOTS  |  MEGAN'S STORY  |  JUDICIAL UNACCOUNTABILITY
   
   
   
    The Assault Upon the American Worker and Their Families

But the true events are not just about Dan O'Shea. The contents are about how UPS and corporations retaliate not only against individual American workers and their families but of the current conservative assault on common workers rights and how far the government and judicial system is now leaning to benefit big business.

No longer do American workers have the right to due process in state courts, it is now precedent throughout the 4th Circuit, allowed by the Supreme Court, that corporations and unions can hold non-judicial tribunals and without due process, without counsel, without juries and without judges, find American workers guilty of state statutes and terminate them..

There is a violent assault occuring upon the common worker today and their families that is deeply disturbing -

"While terrorists are claiming rights to due process and receiving trials in our country, while illegal aliens are claiming and receiving medical and social benefits in our country, the common American worker is being denied government agency and judicial court remedy with a mere wave of the summary judgment hand, and in some cases branded as criminals for exercising their due process rights in pursuit of such remedy."

This is only one story of many common everyday workers who are being denied constitutional civil due process rights, government agency remedy, losing their well-earned pension, health and retirement benefits to the interests of big business and union survival as long as the union is under the control of the corporate entity.

Dan O'Shea and his wife Anne were less than 2 years from an earned 25-year-and-out retirement paid by the Teamsters Union. While UPS saved themselves from a disability claim, the Teamsters saved themselves almost $1 milllion dollars in twenty years of retirement benefits - it was a transaction of convenience with new permission and precedence from government agencies and the federal courts.

Dan O'Shea and his family are not the only ones who have encountered this darker side of Brown and the current climate of the corporate assault upon the common worker, employees live, experience and face the same assault and retaliation every day .

This site receives emails throughout the year of workers who have injury claims or near retirement and told "don't come back until you're fully healed" or simply and unlawfully terminated.

UPS' own internal documents acknowldege they "target" employees who are injured on the job. (UPS' Armegeddon Letter). Note UPS' established "cutback conference calls" especially the final sentence - "Having too many drivers can be more costly than not enough, especially in the area of benefits."

Those that are targeted with termination who can even afford an attorney or proceed pro se are stifled with judgments consistently in favor of the large corporations.

It used to be the unions worked for their members who for years faithfully paid their dues. But the unions and NLRB now side against those American workers they for so long shielded from harm and in doing so further weakening the laws and precedents that for a period of time protected them.

This site is not about just one man's, one family's experience of the darker side of Brown, but how the discharge and subsequent court decisions affects not only UPSers, but all workers and their families. Of how it has become a precedent case - that common American workers can be subject to unlawful, non-judicial tribunals, denied the right to counsel and a jury in that tribunal, and declared a criminal by a federal court that has no jurisdiction involving a state law.

Some ask, "Why was there such an attack on Dan O'Shea in this case?"...

...because the ensuing assault was not only on this family.

For UPS' high-paid corporate lobbyists, it was the perfect case. Spend at all costs to set such precedent throughout every level (the internal panel system, the government agency called the NLRB and the judicial system) to establish new precedent against American workers.

UPS and the Teamsters have easily found a way to usurp and funnel millions from hardworking employees. Many close to retirement or on workers comp are being summarily terminated - transactions of convenience could be the correct term to use.

In our opinion, Corporate money was no object, many "favors" called in as the case continued to rise at each level.

Below are the briefs filed by Dan O'Shea with extensive case law supporting his legal position.

Note the decision by the U.S. District Court of Maryland that cited no authority that O'Shea was properly charged, tried and found guilty of a crime in a court of law in Maryland.

Note the brief decision by the 4th Circuit that failed to address Dan O'Shea's legal support. Dan O'Shea then requested a "rehearing en banc", submitted to all of the 4th Circuit judges and each, by refusing to respond, denied due process and allowed the lower court's branding of O'Shea as a criminal absent the fundamental right to respond to criminal charges at a trial or the ability to determine innocence.

There was no "innocent until proven guilty", just simply..."guilty" - without trial.

Note, finally, the
Supreme Court's Docket Denial (Type in case No. 06-9912). The Supreme Court does remand cases back to an Appeals Court to explain to them how they reached such a decision.

In this case, the now-conservative Supreme Court decided to allow precedent that common workers can be branded as a criminal in federal courts without Constitutional due process - the right to be charged, the right to counsel, the right to a trial in a manner proscribed by law and in the district wherein the alleged crime was to have ocurred, and the right to a jury in our land.

Dan O'Shea received stamped copies of his informal brief with the Supreme Court. The Supreme Court required him to file a formal brief. Dan O'Shea and his wife reformatted and submitted the formal brief (below) but did not receive stamped copies of the brief. Dan O'Shea requested stamped copies of his formal Supreme Court brief from a Supreme Court clerk, who responded, "We threw them out." Parties always receive stamped copies of their briefs. Why did the Supreme Court believe they needed to destroy Dan O'Shea's formal briefs?

From the firm that represented the Teamsters Union, to the officers of the Teamsters Union, to the arbitrator in the decision, to the Regional Director of the NLRB, to the General Counsel of the NLRB (appointed by President Bush) to the Teamster President Jimmy Hoffa, to the Maryland District Judge on up to his wife who sits on the 4th Circuit, link by link can be made and how they had an association with each other.

The link will be shown, the decision will be yours alone to make of how the case worked its way up to the Court of Appeals for the 4th Circuit and denied by the Supreme Court that has now set precedent affecting American workers.

   
         
   
NEXT, PAGE 5 > TRAILS - MONEY & POLITICS
   
         
   

The Briefs and Opinions

O'Shea's Cross-Motion for SJ | O'Shea's Response SJ | District Court Branding O'Shea A Criminal

O'Shea's Appeal to the 4th Cir. | O'Shea's Reply to the 4th Cir. | 4th Cir. Decision w/o Pts of Law

O'Shea's Motion for Rehearing En Banc | O'Shea's Motion to Stay the Mandate | Denial for En Banc

O'Shea's Petition for Certiorari to the Supreme Court

The Supreme Court's Docket Denial (Type in case No. 06-9912)

   
   
"If America is destroyed, it may be by Americans who salute the flag, sing the national anthem, march in patriotic parades, cheer Fourth of July speakers - normally good Americans, but Americans who fail to comprehend what is required to keep our country strong and free, Americans who have been lulled away into a false security."     
                                                                                              
Ezra Taft Benson (1899-1994) 
   
         
   

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.