This complaint is being filed against:
United Parcel Service, 8400 Pardee Drive, Oakland, California 94621
Name, title and telephone number of individuals who made the decision
I am complaining about:
John Naddy, Division Labor Manager, 1-510-633-3952
Mike Sousa, Automotive Manager, 1-510-633-4031
Adolph Sanchez, Automotive Supervisor, 1-510-633-4031
Detailed reasons given for the action taken against me and specific
dates:
I was escorted off company property on December 20, 1996 at 4:00
p.m. by Automotive Manager, Mike Sousa and Automotive Supervisor, Adolph
Sanchez. I asked both Mike and Adolph why these actions were being taken
against me. They initially said something about my being in violation of
a policy that didn't allow employees on disability to enter company property
but they were quite vague when I pressed them for a detailed reason. They
acknowledged that I was not in violation of the Teamster contract. I informed
them that I was on company property in order to investigate Tony Holloway's
discrimination grievance. I reminded them that they were the individuals
that Tony had filed the complaint against. I also pointedly told them that
I thought they were in violation of the law. My words fell of deaf ears.
I inquired as to who instructed them to take these actions against me.
They told me that they were acting on the specific instructions of Division
Labor Manager, Mr. John Naddy. I have requested an explanation from Mr.
Naddy, by certified letter, but I have not received a response as of this
date (see attached document).
Detailed reasons I believe my treatment was the result of discrimination:
I am not aware of any valid reason that the company took this action
against me. I was discussing discriminatory actions taken against Tony
Holloway, with coworker Matt Garcia, at the time I was approached. Our
discussion took place in the break room while Matt was on break. I am a
Teamster Steward and I represent Tony Holloway. It is my job to assist
in writing and investigating grievances.
I am not aware of any other person that has had this particular policy invoked against them. I have requested information that would, in part, provide the names and locations of other employees that have been subjected to the same policy that I was. This policy is not covered by the contract or any other written notice or document that I am aware of. I have been personally subjected to "special discriminatory policies" in the past and I am actively addressing the problem (see attached documents).
I have filed a detailed information request under Article 7, Section 2, paragraph (b) of the Northern California Supplemental Agreement to the contract. This request was filed in accordance with section 8 of the National Labor Relations Act (copy attached). I firmly believe that the question of discrimination will be answered in the process of obtaining detailed answers to the questions contained in the information request. I am temporarily refraining from filing a grievance until it is determined whether United Parcel Service will voluntarily comply with the request. As of this date, UPS has not been forthcoming with information requested relevant to grievances. Both my self and Tony Holloway are about to file multiple charges with the National Labor Relations Board relevant to United Parcel Services refusal to provide information that would indicate whether they are in fact engaged in discriminatory policies (see attached documents). We have the full support of Teamster Local #78 and our Business Agent, Mr. Dan Varella.
Names, job title, race and sex of those that were treated more
favorably than I was:
I have requested the names and locations of those persons that were
subjected to the same policy I was. I am not aware of the enforcement of
a policy that requires the confiscation of employee identification passes
and the expulsion from company property of persons that are on disability.
I don't believe that this policy exists in writing. I would have to
say that it appears that everyone on disability is treated more favorably
than I am. I believe that my actions as a steward representing Tony
Holloway were the determining factor in this discriminatory action rather
than my current work status.
Witnesses that can provide evidence to support my complaint and
a description of the information each person can provide:
Matt Garcia, 126 Tammy Circle, Pittsburgh 94565 Phone: 1-510-458-0592
Matt Garcia can confirm that I was escorted off company property while we were discussing the Tony Holloway discrimination grievance. Matt approached Mike Sousa and Adolph Sanchez in the shop office after I was expelled from the property. He was told by Mike Sousa that I was told to leave per the instructions of Division Labor Manager, John Naddy.
What I believe I should get from my employer if the complaint
against my employer is proven:
I should be compensated to the full extent of the law for both psychological,
punitive and monetary damages I have suffered as a result of this and other
discriminatory actions. I would like to see United Parcel Service explain
their actions in the context of the Teamster Contract and published, accessible
work rules and or policy. I would like my employer to comply with requests
I have filed for information that is being withheld relevant to collective
bargaining. I wish to be treated in a fair and just manner.
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