class action lawsuit against UPS

[gandydancer]

Well, as I said, I'm not a shill for this lawyer. I'm not even happy with him. So if I mention the name of the case we're discussing, "(lead plaintiff), et al vis UPS" you'll delete it because the law firm will be mentioned if you Google it? That's insane.

 

[hoser]

Has anyone else gotten the letter from a lawyer developing a class action lawsuit against UPS for preventing drivers from taking breaks and lunches? It was conveniently filed in the liberal court system of California. You will be automatically a member of the suit unless you opt out by letter; this covers drivers who drove between 1999 and 2005. This looks to me like some lawyer looking to cash in big on a frivilous lawsuit. I urge drivers to spread the word to others to opt out of the suit, thereby sending a message to money hungry snakes to find their cash cow elsewhere.

Now now, it's arrogant to tell everyone what to do. Perhaps you should adjust what you just said to "let everyone know that you will be automatically a member of the suit unless you opt out by letter"

One thing I don't get is how you can be a plaintiff in a lawsuit without
a) even realizing it
b) consenting to it
...but hey, if you can get free money out of the lawsuit without doing any work and you can plead ignorance if you are confronted over it? Ok, you can take the high road, but I'll take my cheque.

Oh, and you don't know what a liberal judicial system is. Come up to Canada where it's in our federal constitution that all evidence has to be disclosed in both official languages. So if you get a speeding ticket, and the prosecutor can't disclose to you within a certain time-frame how many speeding tickets that officer gave to blue vehicles with 18-24 year old white males wearing purple hats while the sky was partly cloudy in French and English, you have a grounds to argue a dismissal on the basis that your constitutional rights were violated . It gets even more fun when they caught you speeding with a laser and you want to experiment with the laser that they used.

 

[tieguy]

Conversation? You're thinking you can run an inquisition, dipstick. Not only am I bragging about taking the check, I'm going to insert an image of the check.

Could you put your picture next to it and kinda give it that mugshot look. Thanks Bud

 

[tieguy]

RIF, I said some here sought discussion. I have no interest but make you look like the lying thieving fool your are.

Not without coincidence your put-downs sound like that used by the Nazis. They too are morally degenerative and hide behind self-ordained superiority and false virtues. You represent yourself to be lettered man or man of letters, I have no delusion about myself being either. However, what reason leads you to believe you possess mastery of English language? "Benifited" and "combatitive" are misspellings I can easily overlook by reading through the mistakes, but "rigidly combatitive" is babble only you can understand. Either you forgot to included the context which may have given meaning to the term (if any coherent interpretation is possible) or expecting readers to be impressed with a pathetic wordsmith. Whichever maybe the case you are embarrassingly short of what you hope to represent.

With each post you make bigger fool of yourself by pretending to be wiser than any person here. Face it, you're not intelligent, just full of yourself. I expect your next reply to consist of only 3-4 words because your beginning to realize just how of much of target your mouth makes you. Now go tell your lying thieving scumbag friends at United Pirates Service how you defended their right to plunder wages. Meanwhile I will be booking my reservation to Disneyworld.

Meanwhile you have yet to provide us with a post that looks like it came from anything but the union rhetoric guide. I think you and mickey will look great together. In mickeys case he will have to force a pose while you will adopt the open mouthed stupid look naturally.

 

[Airpower]

I went driving full-time and got DQ'd before my probation was up. I was DQ'd for supposedly not reaching my qouta and bringing packages back(which only happend the first couple days), But I feel like it was becuase I wasn't working through lunch everyday. 7 or 8 times out of that 27 some odd days I took lunch and it pissed off the manager. Its just that I was so hungry and weak and tired... I couldn't take it. I wolfed down two Big Mac meals one time.

The manager taught me how to work through lunch. First he said I should "prerecord" enough stops in the diad to deliver while the lunch message is on, then do a fine sort of the whole truck. and if there is a signature required you can stop lunch to do it, then resume lunch. His "codeword" for skipping lunch was Pre-record. Haha its ok though I Didn't want to drive there anyway. Desert sand storms like everyday. All the drivers looked like blistered lip heat stroke survivors.

 

[trickpony1]

Airpower-
We better hope that a certain frequent management poster doesn't hear you say "....taught me how to work through lunch.", because, according to him, this doesn't happen, management would never do this and the impetus for a class action lawsuit in California must have been something else.
This same person would disavow the deceitful, manipulative operation of your diad, that you were taught, as something other than falsification.

 

[daddaj]

Could you put your picture next to it and kinda give it that mugshot look. Thanks Bud

That along with giving you the finger. But don't bend over too quickly, it's not a proposition.

 

[tieguy]

That along with giving you the finger. But don't bend over too quickly, it's not a proposition.

Nope just you proudly announcing your IQ score.

 

[tieguy]

Airpower-
We better hope that a certain frequent management poster doesn't hear you say "....taught me how to work through lunch.", because, according to him, this doesn't happen, management would never do this and the impetus for a class action lawsuit in California must have been something else.
This same person would disavow the deceitful, manipulative operation of your diad, that you were taught, as something other than falsification.

Why do you waste your time proving you don't pay attention?

 

[cheryl]

daddaj & tieguy: it's time to put out the flames.

Trickpony1: you're not helping.

gandydancer: Even though you have declared me to be insane I still stand by my decision. There are just too many potential legal liabilities when you are putting anything into writing, either positive or negative, involving lawyers.

 

[brazenbrown]

That along with giving you the finger. But don't bend over too quickly, it's not a proposition.

What a class act!!
Take your vulgarity elsewhere big daddy

 

[daddaj]

What a class act!!
Take your vulgarity elsewhere big daddy

Cheryl wants the flaming doused, but you couldn't leave it at that

I really don't care what name tieguy calls you, even if it's Sweetheart, but get this straight: The last thing I should worry about, is the opinion of an idiot who believes calling honest and hardworking people, "thieves" is not vulgarity.

Sorry, Cheryl, this will be all I have to say. But if you want to delete post, I can understand your reason.

 

[tieguy]

You're the one living in lah-lah land, if you think the contract should yield to fat butt feeder drivers. Get a clue, the issue isn't about you and comatose friends who don't want lunch, rather, unrealistic planned days that force drivers to work through their lunch, unpaid. Union or not, for many UPS is an intimidating place to work. UPS should thank its lucky stars the settlement agreement only covers a few years:

Smokin' Joe

heres "smokin joes first shot at me on this thread. At this point I had not made any thief comments. The post he responded to very civily made the point that drivers were forced to take an hour but that many would prefer to have the option of taking less. So here is "smokin joes" blistering unprovoked response. Needless to say after this attack I turned up the gas and flamed him good. And in typical bully fashion he then cried like a little girl when I started whipping his behind. Joe if you don't like being called a thief then don't provoke the fight.

I smoked Joe

 

[cheryl]

Back on topic please, we're all getting tired of this bickering...

 

[Dixie Doll]

The topic ended when Iconoclast posted. Thank you, Iconoclast. Alas, someone finally comes forth with the answer - but was ignored.

The moderator should have stepped in long ago. Tie, maybe you should take a break from the posting for a while. All you do, regardless of what topic you weigh in on, is waste everyone's time with your pompous attitude, insults, and name calling. It is tantamount to verbal abuse and is only provocative, instigating threads and threads of defended posts, useless comments, and wasted time.

If you truly believe the comments you made, and you were not simply antagonizing these plaintiffs, then I feel sorry for you - you have no idea what integrity is. UPS and integrity are not synonymous. The high dollar UPS attorneys are paid to stop at nothing to defend these suits, regardless of the merits. The tactics that they themselves use are deceitful and underhanded. They are paid to win, appeal if they lose, take it to the US Supreme Court if necessary and, above all, under no circumstances are they to establish any legal precedence of record which could be used against them in the future. Costs of the litigation never factors into the picture. Settlements occur when they can not risk a verdict that would set a precedence. There are some frivolous lawsuits brought by disgruntled employees - but few. For the most part, the suits initiated against UPS are legitimate, brought on by UPS's own actions.

Sure you could file a grievance, first. But, your union is in bed with UPS - so, that's useless. You could call in a hotline complaint. By law, you can use the companies established procedures in lieu of filing a grievance. But, the response you get from their "investigation" will be BS and will not produce any resolutions. Useless, again. The end result is, UPS will call your bluff and force your hand. It would be nice if the Code of Ethics was really not a fairy tale, Tie. But, I'm sure when you have done a little more research you will find that you have been disillusioned.

These people are not thieves. With your verbal abuse and character flaws, how dare you place judgment upon them. Did the thought ever, even one little time, occur to you that, just maybe, they were, in fact, entitled to this settlement? Let's try to be a little more open minded, Tie, before you become so over anxious to throw out your self gratifying, pompous 2 cents.

Take some time out from posting to review the court records and become educated on this topic. It will make things so much nicer for everyone else when you can express some accuracy and educated opinions in the future when you do decide to weigh in again. When you know what you are really talking about, you won't have to resort to demeaning others and insulting them. Then, the forum will run much smoother for everyone.

 

[tieguy]

The topic ended when Iconoclast posted. Thank you, Iconoclast. Alas, someone finally comes forth with the answer - but was ignored.

The moderator should have stepped in long ago. Tie, maybe you should take a break from the posting for a while. All you do, regardless of what topic you weigh in on, is waste everyone's time with your pompous attitude, insults, and name calling. It is tantamount to verbal abuse and is only provocative, instigating threads and threads of defended posts, useless comments, and wasted time.

And in the process you try to claim credibility by ignoring every other poster on this thread with the same traits. Your biased response has been duly noted and thrown in the trash bin where it belongs.

If you truly believe the comments you made, and you were not simply antagonizing these plaintiffs, then I feel sorry for you - you have no idea what integrity is. UPS and integrity are not synonymous. The high dollar UPS attorneys are paid to stop at nothing to defend these suits, regardless of the merits. The tactics that they themselves use are deceitful and underhanded. They are paid to win, appeal if they lose, take it to the US Supreme Court if necessary and, above all, under no circumstances are they to establish any legal precedence of record which could be used against them in the future. Costs of the litigation never factors into the picture. Settlements occur when they can not risk a verdict that would set a precedence. There are some frivolous lawsuits brought by disgruntled employees - but few. For the most part, the suits initiated against UPS are legitimate, brought on by UPS's own actions.

Really ? Is that right? You wish to claim integrity? Your brothers and sisters in california were not all affected or victims of this lawsuit. How many showed integrity by exhausting the grievance process first or by withdrawing from the lawsuit if they in fact never lost any money from unpaid lunchs? That sister would be real integrity.

Sure you could file a grievance, first. But, your union is in bed with UPS - so, that's useless.

Pathetically weak defense sister. I didn't see anyone include the teamsters union in the lawsuit. You are really grasping for straws to try to defend some dishonest teamsters who took money from this lawsuit that they in fact did not deserve. Who' missing their integrity now?

You could call in a hotline complaint. By law, you can use the companies established procedures in lieu of filing a grievance. But, the response you get from their "investigation" will be BS and will not produce any resolutions. Useless, again. The end result is, UPS will call your bluff and force your hand. It would be nice if the Code of Ethics was really not a fairy tale, Tie. But, I'm sure when you have done a little more research you will find that you have been disillusioned.

No I clearly see you trying to defend a litigation process that is every bit as unethical as what you try to make UPS out to be. California upsers were automatically included in a class action lawsuit they did not do anything to join. Some had honor and withdrew from the lawsuit because they had integrity. Many did nothing and will now get checks. Many of those were never victimized and should not have gotten checks. So while ups very likely settled for one reason many people who were not affected took the money and ran. You can't defend it. Many of your california friends took money that was not theirs. They could have opted out of the lawsuit if they had this integrity you claim to hold the rights to.

These people are not thieves. With your verbal abuse and character flaws, how dare you place judgment upon them. Did the thought ever, even one little time, occur to you that, just maybe, they were, in fact, entitled to this settlement?

In fact it has and I have no problem with those who grieved the lunch issue and then went outside getting their money. Did it ever occur to you that many of people accepted this money that were not affected. Could you at least show a little personal integrity and conceed this point?

Let's try to be a little more open minded, Tie, before you become so over anxious to throw out your self gratifying, pompous 2 cents.

Hopefully I will help you learn to open yours too.

Take some time out from posting to review the court records and become educated on this topic. It will make things so much nicer for everyone else when you can express some accuracy and educated opinions in the future when you do decide to weigh in again. When you know what you are really talking about, you won't have to resort to demeaning others and insulting them. Then, the forum will run much smoother for everyone.

While I am reading court records perhaps you could bone up on the contract and the california class action process and educate yourself before you attack unprovoked?

 

[Iconoclast]

A good question still stands Tie, and throughout the course of this thread you are essentially the only one posting who is on the opposite side of this topic - Can you build an effective argument as to why UPS settled this case?

 

[tieguy]

Points irrelevant here. That has never been my argument.

What I have been commenting on is the california class action process where our drivers are joined into this lawsuit whether they wanted to be or not. Joined in even if they were not affected by this issue. There should be a process as there is outside of california where possible litigants are informed and have to physically do something to join the lawsuit.

My second point has been that there is a contractually supported grievance process in place that very few if any california drivers ever took advantage of. The contract should have dictated that this case be heard through the grievance process first. If the litigants exhausted the grievance process and then pursued the case then the teamsters should have been co-defendent in the case.

However the super liberal california court system allows a hand full of litigants the opportunity to circumvent the grievance process and enjoin thousands of upsers who do not have to do anything to join the case all into one big fishing expedition. The process stinks and highlights why there are so many of these BS cases in California. There is not and never will be much sympathy for a UPS in this case but somewhere down the road californians will have to pay for these lawsuits. Large companies will try to avoid building in that state. In fact many do now.

 

[antimatter]

The process stinks and highlights why there are so many of these BS cases in California. There is not and never will be much sympathy for a UPS in this case but somewhere down the road californians will have to pay for these lawsuits. Large companies will try to avoid building in that state. In fact many do now.

Interesting point.

BUT... UPS agreed to settle since they stood to possibly lose a lot more. Personally, I would have liked to see them not settle and take this matter to court. If UPS were to prevail I'd certainly accept that decision.

A.

 

[moreluck]

We are beginning (very slowly) to see lawyers fined very heavily for bringing frivilous lawsuits to court. A little more of this and maybe things will turn around and the BS will stop.