Harassment Archieves

                        N.A.B.E.R. INC.
                                             National Alliance of "BROWN" Employees and Retirees, Inc.
UPS fights a legal battle to NOT follow their own "Policy Book". UPS's argued that the company has no legal obligation to follow its own policies.

Cornell University study of "Worker Turnover and Part-Time Employment at UPS

Teamsters for a Democratic Union have published their plan for "Fighting Work Performance Harassment and Discipline" 

UPS loses an appeal and $202,500 in damages after an illegal firing in retaliation of a UPSer who had given a deposition  at a discrimination complaint.

UPS's policy on workplace harassment.

Union Steward is harassed because of his safety concerns for co-workers

UPS limits supervisor's advancement because confrontational (harassment) skills are weak.

A UPSer who needed to relocate because of a severe allergy  "He was told that he could not be transferred due to a company policy; but that he could resign and then reapply. He was led to believe that a position would be available. But when he reapplied in Cincinnati, Ohio, he was told that UPS had a policy of not hiring former employees" 

EEOC case in which a driver who developed type II diabetes was refused a job transfer as a "reasonable accommodation".

Racism in Hawaii was so wide-spread that UPS had to retrain all management personnel in the state according to this EEOC lawsuit.

A driver who filed an OSHA claim, coincidentally, was fired. The termination was upheld because he failed to enter his breaks in his DIAD.

A UPSer in Ohio won a Ohio Supreme Court decision against UPS who tried to recoup worker's compensation payments from him 

UPS discriminated against a diabetic by refusing to hire him as a mechanic.

 Driver was told she could NOT perform the job adequately because she was a woman. 

A woman driver files a discrimination suit and is soon terminated for excess abstenteeism during her pregnancy.

African-American driver driver fired for too many "moonlighting" hours or was it too many grievances?

A shifter who was a "whistleblower" about a unsafe procedure soon finds himself fired… three times.

A feeder drive is fired for falsifing his DOT log. Termination upheld because driver was dishonest.

Iowa woman is discrimated against in job advancement and termination.

Article concerning a driver who was harassed because of his questioning the validity of the '97 strike.

Wisconsin employee disharged in retaliation for making a claim of racially hostile working conditions.

Mechanic was fired because his high blood pressure made him ineligible for a DOT card, but he was capable of performing  his essential jobs repairing vehicles

Article about driver terminated for refusing to keep dreadlocks under his hat..

Court case finds that "zero-tolerence rule" for a workplace threat of violence supercedes contract language even if the company's allegedly commits fraud.

Article about a woman not being able to sue employer for sexual harassment if company takes swift corrective action.

Article discusses effects of widespread racial discrimination.

Article alleges that UPS HR did not take sexual harassment claims seriously.

The zero-tolerence rule is applied different to management according to this article.

UPS  whitewashed the investigation of a woman employee sexually harassed by a union BA, instead increased her workload, and disregarded her doctor's restrictions.

UPS lost appeal of worker comp suit by VA. 30 year UPS package car driver for a knee replacement. Added 8/24/2005

Management Advancement

Nationally, UPS is divided into 59 geographical districts, each headed by one District Manager. Below the District Manager is the Division Manager followed by the Center Manager or Unit 2 Manager. The lowest level of management is the full-time supervisor. UPS operations are divided between “hubs,” which receive and sort packages, and “packaging centers,” which are responsible for deliveries. 

In 1993, after an internal investigation, UPS acknowledged a problem with the promotion and advancement of African Americans and women at the company. In an attempt to combat this problem, UPS implemented a new promotion process which involved rating or ranking employees based on their readiness for promotion. Employees rated/ranked “A” were deemed immediately ready for promotion, while employees rated “B” were deemed ready for promotion in one year. To open advancement opportunities, UPS allows, but does not mandate, consideration of “B” ranked employees for immediate promotion. To ensure that all employees were being considered, QPRs are completed by superiors and coworkers. Prior to 1997, QPR scores ranged from 1-6, 6 being the highest. After 1997, UPS used a 1-100 scale. Also, from 1999 forward, UPS created the category “D” for racial minorities and women who had potential for future advancement Operational experience encompasses supervising employees who are moving packages or actually driving a delivery car. 

UPS holds annual Career Development meetings (People’s Meetings) to discuss vacancies and promotions. People’s Meetings are attended by District and Division Managers. At these meetings, an employee is evaluated based on his or her rating/ranking, Quality Performance Reviews (QPRs), and experience in operations.  According to UPS, it predominantly promotes “A” rated employees.

UPS compensates its employees according to “grades,” operational experience, and education. Salaries normally increase annually and factor in geographical cost of living differences. However, UPS does not increase an employee’s base salary retroactively; therefore, a newly hired full-time supervisor’s salary may be higher than a more senior full-time supervisor because the more recent hire may have a higher starting salary. There is also a subjective component to an employee’s compensation. Each District Manager is given a “pool” of funds to distribute to the employees whose performance has increased the overall productivity of the district. Added 11/1/04.  Court Case

If any current or former management person that would like "to tell it like it is" please CONTACT NABER. You will remain anonymous. 

UPS announced on Jan. 27, 2005 that it has instituted a management hiring freeze to cut costs. UPS Districts also have goals to cut management positions in 2005.

UPS Ordered To Stop Discrimination Of Deaf Employees

Federal Judge Thelton Henderson said the UPS's policy of refusing to let deaf employees have driving jobs is violating the American's with Disabilities Act (ADA). The judge ordered a revision of company policies within 30 days. In rendering his judgement, Henderson said hearing impaired UPSers "be given the same opportunities that a hearing applicant would be given to show that they can perform the job of package-car driver safely and effectively." The class action suit affects approximately 1000 UPSers.

UPS said that it may appeal the decision. UPS spokesperson Peggy Gardner said "For us, the bottom line — it's a public safety issue. It's not a discrimination issue."

These hearing impaired employees would only be allowed to drive vehicles under 10,000 pounds. Federal law requires drivers of vehicles over 10,000 pounds to meet certain vision and hearing requirements. The Atlanta Journal-Constitution article said "Oakland-based Disability Rights Advocates represented the current and former employees who were passed over for the driving positions, and others who acquiesced to what the group dubbed UPS's "deaf-need-not-apply" policy." 

A federal judge in San Francisco on 11/16/04 put on hold a ruling that would force United Parcel Service Inc. to throw out a policy barring deaf people from driving some of its vehicles. Updated 11/16/04

Local 170 Retirees Get Huge Increase In Health Premiums

Worcester, MA. Retirees of IBT Local 170 got $200/month increases in their health insurance  January, 2005.

Retirees 60-64 -Premiums jump from $150 to $350 per month.

Retirees under 60 -Premiums jump from $350 to $550 per month

Local 170 retirees are questioning why there is such a large increase in one year. The retirees also want to know why UPSer John Comeau III, newly elected Local 170 secretary-treasurer, is not on the Health & Welfare board. The secretary-treasurer of Local 170 has always been the co-chairman of the Health & Welfare Fund, but Mr. Comeau is not even one of the trustees. Mr Comeau won the election against Mr. John Foley in November, 2003 and again in a re-election in November, 2004. The trustees decided not to increase the premiums while Mr. Foley was involved in a re-election bid for secretary-treasurer. Then the union trustees used a political manuver to keep Mr. Comeau off the board. Worcester Telegram & Gazette Article Published 12/28/04.

Added 12/29/2004

Companies Sue Union Retirees
To Cut Promised Health Benefits

"They have little to lose by trying. Typically, as such legal cases drag on, the employers save money as some of the retirees, who have to pay growing portions of their health-care costs, forgo costly care, drop out of the plans or die. If companies lose in court, the worst that happens is they have to resume paying benefits. They don't face punitive damages or penalties. And they may not have to resume benefits for those retirees who dropped out of the health plans." WSJ 11/10/2004

How Cuts in Retiree Benefits

Fatten Companies' Bottom Lines WSJ 3/16/2004

Central State Pensions At Risk

According to a New York Times Article published November, 2004.

"At the end of 2002, the pension fund had 60 cents for every dollar owed to present and future retirees - a dangerous level. In a rough comparison, the pension fund for US Airways' pilots had 74 cents for every dollar it owed in December 2002, just before it defaulted. During the bear market after the technology bubble burst, Central States' assets lost value as its obligations to retirees ballooned,..When the stock market crashed in 2000, the Central States pension fund had big bets on technology and telecommunication stocks, energy trading companies and foreign stocks. Some of these stocks became nearly worthless.

...The Western Conference of Teamsters fund has long shunned stocks and uses a totally different investment approach, a portfolio of 20- and 30-year Treasury bonds and other high-grade fixed-income securities that are scheduled to make payments when its retirees will be claiming their money. The Western Conference pension fund was not perceptibly hurt by the bear market.

...In the 1980's, when the Central States plan was shifting from real estate into stocks, the Western Conference trustees, acting on actuarial projections of future pension benefits, put together its conservative portfolio of high-quality bonds and other fixed-income securities. The bonds were held until they matured. 

Such an investment portfolio requires little stock research or trading and consequently generates little fee revenue for money managers, but it has served the Western Conference of Teamsters well. From 2000 to the end of 2002, when the Central States fund lost $2.8 billion, the Western Conference fund gained $834 million." Central States Rebuttal of NY Times Article.

The court cases and articles listed on this website are just a sampling of those cases actually filed. They represent appellate court cases published on the Internet and don't include cases not appealed or settled out of court. These websites were found via Google Search Engine and may not be representative. We make no warranty of the information of any of these links.

The information on this web site does not constitute legal advice. The law is constantly changing, and we make no warranty of the accuracy of information on this site or any site to which we link

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