class action lawsuit against UPS

DS

Fenderbender
I do believe that when upsers are trained they are warned that sometimes they will be out late,but some people
were abused and it came to this.It may not be that way where we are but I dont doubt it happened ,or the lawsuit
would be redundant,and ups would not willingly accept
the courts decision.
 

tieguy

Banned
I do believe that when upsers are trained they are warned that sometimes they will be out late,but some people
were abused and it came to this.It may not be that way where we are but I dont doubt it happened ,or the lawsuit
would be redundant,and ups would not willingly accept
the courts decision.

I think this is the strangest lawsuit I have ever heard. Drivers responsible for taking their lunch. there is no abuse. Lawsuits of this type are plain dishonest any way you try to defend it.
 

DS

Fenderbender
taking an hour off someones pay every day for his/her break
when they dont actually get it is what its about...the newer guys are pressured to make the cut or get fired...maybe not
in your building but...it happens more than you think tie
 

daddaj

Member
For someone who seems to have an uncanny ability to twist others words around, I know a management poster that may want to question his own integrity.

Stinks to high heaven. I don't think it can get anymore pathetic than UPS management would lie about identity, but it's expected and predictable.
 

daddaj

Member
Helen,
I believe you should have taken your lunch not taken money you did not earn. I am absolutely shocked to see dd and you brag about the money that you basically stole through the court system.

So am I, Helen, shocked absolutely shocked!!! Yes, what right do you have to your money that was stolen through the UPS system? BTW: Did I mention I'm going to Disneyworld? I hear Disney will have travel agents at UPS guardshacks to book reservations

Smokin' Joe
 

tieguy

Banned
you expect me to be upset with your bragging about your theft? I'm sure fdx loves it every time a teamster steals money from ups. more ammo for them when they make their non-union sales pitch to the customer.:thumbup1:
 

tieguy

Banned
taking an hour off someones pay every day for his/her break
when they dont actually get it is what its about...the newer guys are pressured to make the cut or get fired...maybe not
in your building but...it happens more than you think tie

DS I'm surprised we don't hear more about fdx filing frivolous lunch lawsuits in california. Probably because they are too busy taking those packages from us.
 

toonertoo

Most Awesome Dog
Staff member
Ok tooner but if it took me only 7.5 hours to do what they call
10.2 hours work,would the time and a half ot cut in after 8 hours as well?
Come to think of it if anyone can do 10.2 hours work by ups standards in 7.5 hours,they are doing something illegal
Yes actually the ot still kicks in after 8. Sweet for those who could do it at the center I was in. We once had a girl, who could run 3 1/2 or more early. If you can believe that. The mgmt team seemed to look the other way when she had an intersection accident, in her training period. And never paid much attention to the complaints. She was a star. But now I hear she got hurt badly, couldnt drive anymore and is a pt sup. Quite a cut in pay, based on what she was raking in. We had several early guys also, and they wanted the work. The more you would give them, the more faster they would run. Actually if standards were fair, which now they are not realistic, the earliest you could run, + or - a few clicks for a really good day, is .83, thats a 1/2 hr lunch, and two ten minute breaks that you skip. That was told to me by a mgmt person I used to report to who also had time study experience.
 

daddaj

Member
you expect me to be upset with your bragging about your theft? I'm sure fdx loves it every time a teamster steals money from ups. more ammo for them when they make their non-union sales pitch to the customer.

Kidding only yourself, you're fit to be tied because of the partial recovery of stolen money; Along with your pirate buddies who thought the plunder of union employee wages would go on forever.

What you say here is an illustration of the UPS sleaze factor. FedEX drivers also won same type wage violation not long ago, for more money per driver. Difference being, Fred S made it clear, management personnel will use no negative or defaming language about the settlement and drivers. It could be class act or being mindful defamation may expose the company to another lawsuit. Either way, both would be something you and UPS sadly lack. Get a clue, your thieving days are over, at least until the UPS figures out another fraudulent method.

Smokin' Joe
 
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antimatter

Member
So am I, Helen, shocked absolutely shocked!!! Yes, what right do you have to your money that was stolen through the UPS system? BTW: Did I mention I'm going to Disneyworld? I hear Disney will have travel agents at UPS guardshacks to book reservations

Smokin' Joe


Joe, take a peek at upsers.com... wouldn't be hilarious if they offered a discount at Disneyworld?

I'll always wonder how much we would have received from a trial... clearly UPS thought they were going to lose or they would have fought it out.

And yes, I did hear your career may be at an end. I tip my hat to a job well done, my friend. Thanks for all of the laughter and conversation. Some of the comedy will always be "Hall of Fame" stuff, if you know what I mean. :-)

HEY! I think I'll spend my backpay (and that's exactly what it is) by putting new sprinklers in the yard to help sustain the new sod I'm buying. Then maybe a nice vacation with Mrs. Antimatter!

How will you spend YOUR money?

Now THAT would be a great thread!

A.
 

tieguy

Banned
Kidding only yourself, you're fit to be tied because of the partial recovery of stolen money; Along with your pirate buddies who thought the plunder of union employee wages would go on forever.

Plunder? whats the matter did your friends in california forget how to fill out grievances?

What you say here is an illustration of the UPS sleaze factor.

At last we agree. You and helen accepting money you did not earn is very sleazy. I am surprised to see you admit it though I respect you for doing so.

FedEX drivers also won same type wage violation not long ago, for more money per driver.

Please post the details.

Difference being, Fred S made it clear, management personnel will use no negative or defaming language about the settlement and drivers.

Please list your inside source?

It could be class act or being mindful defamation may expose the company to another lawsuit. Either way, both would be something you and UPS sadly lack. Get a clue, your thieving days are over, at least until the UPS figures out another fraudulent method.

Smokin' Joe

For someone claiming to have benifited from a justified ruling you are quite hostile when asked to defend it. In the process I can easily see the fdx sales rep selling fdx over ups. As he does so he points out how rigidly combatitive teamster employees are and then points to this lawsuit. Just think Mr. Customer the drivers are told to take their lunch between the fourth and sixth hour. Its spelled out in their contract. And when they fail to do that they sue UPS and blame them for it. Why Mr. Customer you won't be dealing with a inflexible union shop when you ship with fdx. Regardless of how you sell this pile of crap it still reeks when you're done.
 

Iconoclast

Well-Known Member
Tie,

I don't know if you realize what a statement you are making with regard to UPS ability to defend itself, or not defend itself, as you have alluded to.

Companies the size and scope of UPS are absolutely surrounded by legal counsel. Very good legal counsel mind you. They are besieged daily with lawsuits and claims, just like any other large organization, and they will defend themselves to the very last when they feel they have been infringed upon or can prove their case beyond a reasonable doubt. UPS does not settle class action lawsuits filed against them simply because a suit was filed - any more than employees file huge class action without cause or reason.

There were legitimate claims in these actions, that is why UPS settled. Bet your bottom dollar that those law firms who count UPS as their only client, and I am sure there are several, are paid a handsome retainer to defend UPS. That retainer is all inclusive and these firms are on the hook to work very long and hard - to diligently defend against lass action lawsuits and all others.


Often, settlements are achieved because they are much less expensive than going to trial, especially, if the evidence is so overwhelmingly against you that it could cost you tenfold of what it would if you were to settle. Again, make no mistake, settlements are never given in large cases like this when a company like UPS feels they can win the suit. They pay millions to their legal counsel for this very reason and they are going to demand that their attorneys defend their turf aggressively.

You seem to completely disregard UPS ability to defend itself, and you make it sound like the people that filed this suit were getting over on UPS and didn't have a legitimate claim.


If the legal premise of this case boiled down to employees who simply did not have the temerity to take their lunch there would not be a case. period. If you are intimating that the real premise behind the case was people not taking their lunch, but those that filed the suit concocted a legal defense that was was all smoke and mirrors, then what does that say about UPS?

Simply put, UPS does not let people use the court system to steal money from them. This was very much about the tactics that UPS uses, and has used for a long time, to abuse some of the rights of their employees, and a legitamite lawsuit that exposed those tatics.
 

paganpink

Well-Known Member
In a bonus center you get paid for your dispatch, but at straight time for those hours over 8, not at time and a half as if you had stayed out. Perhaps it's different depending on what part of the country you're in. It's A WIN/WIN situation, really, where you can get in early and go see your family while being rewarded extra for the extra effort. The Company can get your car back to the Hub or local sort earlier, which helps them out, save on the time and a half differential versus straight pay, and can even send you out with a dispatch sometimes that would put you over 9.5 (if not for your extra effort) which means they can give a lighter load to someone newer or slower without showing up as "out of range" - under 8 or over 9.5. I don't think it's really possible to run more than 2 hours under allowed on an area usually unless you are being unsafe, recording stops wrong, or there is something wrong with the allowances. Running up your miles does quickly add to your planned time, but can be tracked by the DIAD if someone checks your area trace. I know of almost no one who takes a full hours lunch for the simple reason that most folks would just prefer getting back in a little earlier, and many don't like to just sit anyway, even when broken up into 30/15/15 increments. I just need a Big Gulp, or some tea a few times a day, maybe something quick to eat, and I'm usually good to go. Getting paid for sitting at home is something most people can't even believe we are allowed to do, but they also have no concept of how tough it is to beat the allowances by much, especially by more than an hour. A quick walk pace will gain you a lot of time (as will speeding) but many people then give that time back by sorting through their loads way too much. I learned it's often easier, and takes less time, to just go back if the preloader left one piece in a stupid place than to constantly sort through the load all day long. But that only applies to intown routes, not rural route drivers, and if you have an idiot for a preloader they can force you to have to go back through the load too much. It usually helps to get to know your loader if you can because you can tell them about stuff and you become a person to them- not just a package car. I do not believe in working off the clock at the start up though, even when tempted to. That's my two cents.
 

paganpink

Well-Known Member
"UPS does not settle class action lawsuits filed against them simply because a suit was filed - any more than employees file huge class action without cause or reason." Iconoclast, I think you are extremely naive to think that both of these scenarios don't happen virtually on a daily basis. The legal counsel you refer to who are defending UPS charge hundreds of dollars an hour for each attorney along with all sorts of related costs regardless of how petty or inaccurate the case is. A simple cost/benefit analysis often results in even fairly large judgements being paid because the cost of defending them, even if you win, would be even greater. Often the Attorneys suing UPS ask for huge amounts of documents very expensive to retrieve and copy, subpoena present and former managers who had even a passing or trivial knowledge of some arcane aspect of the case from all over the country (and even the world) incurring enormous travel costs and disruptions to their regular routines and even more costs to the Company to cover their regular responsibilities in their home states or countries, and they do such things repeatedly over months or even years as they deliberately drag the case out. The complainant lawyers are out only the time to write up the extensive lists of requests, and their time in court, so its kind of like playing the lottery. They don't have to win every one of them, most Companies settle the smaller claims almost routinely and even some of the larger ones when the cost of winning- even when they are in the right- becomes too high. The cost of losing as I mentioned, is nothing except their time. I believe that we should follow the British model where the loser must pay the court costs. Never forget that the Company is saddled with large legal and ancillary fees even when it wins outright. And I think that that is wrong.
 

daddaj

Member
tieguy said:
Plunder? whats the matter did your friends in california forget how to fill out grievances?

Did you and fellow thieving scumbags forget UPS was entitled to its day in court to raise the issue?

At last we agree. You and helen accepting money you did not earn is very sleazy. I am surprised to see you admit it though I respect you for doing so.

You're straining, but expected you would strangle words. In the end, it will be returned in-kind with nothing but contempt for you.

Please post the details

Bad habits die hard, you believe someone owns you something for nothing. You come here making odious accusations but expecting rebuttal to have citation. Nonetheless, link follows, maybe your IQ will rise at least above vegetative state,

https://web.archive.org/web/2008052...om/resources/content/foster_vs_fedex_express/

Please list your inside source?

You can't be that stupid not to have an idea, but probably are.

For someone claiming to have benifited from a justified ruling you are quite hostile when asked to defend it. In the process I can easily see the fdx sales rep selling fdx over ups. As he does so he points out how rigidly combatitive teamster employees are and then points to this lawsuit. Just think Mr. Customer the drivers are told to take their lunch between the fourth and sixth hour. Its spelled out in their contract. And when they fail to do that they sue UPS and blame them for it. Why Mr. Customer you won't be dealing with a inflexible union shop when you ship with fdx. Regardless of how you sell this pile of crap it still reeks when you're done.

The FedEx excuse/threat is DOA, find another pathetic Mr Customer spiel

What a sadsack you are, tieguy, you don't hear yourself. Some here sought to engage you in earnest discussions but instead received your venomous reply. You wanted to play a game of mean-spirited words. Now that you're losing badly, make a miserable attempt to steer the issue to my hostility, rather than your ugly words to character of union employees which created my hatred of you and UPS. I despise you, tieguy. Everyone here knows the workplace reality, yet you shamelessly continue to hawk worthless UPS speak-points. Nickel worth advice for free, scumbag, UPS lies do not become truer with repetition. I despise you and every management person at UPS that fed you the defaming language, repeats its and aware of the content of your posts. Now, if you cannot tolerate the reeking pile of crap then I strongly recommend you and fellow lying thieving scumbags quit :censored2:ing in your bed. UPS has no one to blame but itself.
 
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C

Cardboard Man

Guest
How do we find out if we're included in this.I drive for UPS in Nebraska and can remember getting a notice in the mail about 9-12 months ago.Is this settlement only for california drivers.
 

antimatter

Member
The legal counsel you refer to who are defending UPS charge hundreds of dollars an hour for each attorney along with all sorts of related costs regardless of how petty or inaccurate the case is. A simple cost/benefit analysis often results in even fairly large judgements being paid because the cost of defending them.


UPS has attorneys on staff that are salaried to defend them in various lawsuits... they get paid whether they argue cases or not.

They settled because it was probably going to cost them a lot more.

A.
 

tieguy

Banned
Tie,


Simply put, UPS does not let people use the court system to steal money from them. This was very much about the tactics that UPS uses, and has used for a long time, to abuse some of the rights of their employees, and a legitamite lawsuit that exposed those tatics.


I think in todays world UPS spends a lot of money caving in for the wrong reasons. Regardless of UPS's motives to settle and I do think the 10 hour rule had more to do with it then anything else to me this is an ethics issue.

Driver takes lunch everyday.

Driver feels they can't take lunch.

Driver files grievance

driver does not go shopping in the court system hoping to hit the lottery.

Helen recieved over 2000 dollars. For what? Helen might have taken her lunch the entire time period this lawsuit covers.

I think this is an ethics issue for each driver and it looks like most of them will fail miserably.

 
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