June 21, 1999 THE SHAMAN’S RATTLE #2 By Chuck Engel Member, Teamster Local 70 e-mail: theshaman@earthlink.net http://thesteward.hypenet.com/rattle/rat00001.html

Who is Randy Olson?
"I have been a shop steward for most of my 28 years of employment with UPS. I ran against Chuck Mack in 1995 for the position of Secretary Treasurer in Local 70. UPS attempted to fire an additional reform delegate and my-self during the election of 1995. The situation was similar and some of the same parties, from both the union and the company, were involved. The case was dropped immediately after the election. I openly campaigned against Mack during the International Election of 1991." (From NLRB Case No. 32-CB-5002, Questionnaire Regarding Alleged Refusal to Represent You, Question #12)

Randy is the type of guy that we all would like to know, especially if we have a problem in the workplace. He is a gentleman who cares about justice in the workplace and the rights of the worker. The persecution that he is suffering at the unclean hands of United Parcel Service is punishment for his efforts to bring justice to an inhumane work environment. He is a dedicated union man. He speaks out against the corruption in management and the complacency of union officials. He has helped many co-workers and now he needs our help.

RANDY’S STORY
Three Years ago Randy Olson was injured in a head on collision. In August, he was released by his doctor to go back to work. When he arrived at work, he was illegally fired by United Parcel Service. He contacted Teamsters Local 70 and was told "don't worry, it is a simple case and we have already filed a grievance".

Sounds good so far, But wait. After a fancy tap dance by Local 70 officials, whiz bang Randy's case was heard before the Joint Council 7 and UPS grievance panel. In the face of overwhelming evidence that UPS was in violation of the contract a unanimous decision was rendered in the favor of United Parcel Service. Now Randy is out of work and his retirement is in jeopardy.

What Can We Do?
We, The Friends of Randy Olson, are asking all who care about workplace justice to review the documents that Randy has made available for posting on the Internet. This posting offers a rare opportunity to closely observe a Brother Teamster in his struggle to exact justice from the very system we all must rely on. As informed workers, we are in the process of using the Internet to proactively assist each other in recognizing and defining corruption in its various guises. By working together, we can protect our livelihood and our families. Please contact us if you have questions, suggestions or information to offer.

On June 15, 1999, Randy’s attorney, Christopher Katzenbach, filed at the UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA (Case No. C-99-0970 CW). Randy has filed a FIRST AMENDED COMPLAINT FOR BREACH OF DUTY OF FAIR REPRESENTATION AND BREACH OF COLLECTIVE BARGAINING AGREEMENT. Additional documentation has been posted for your review. A jury trial has been demanded.

Selected Comments from Teamster Net
(http://www.teamster.net/index.cgi?read=17933)
Posted By: Lizzy Thurs. 17 Jun 199, at 10:46 a.m.

In reviewing Randy's side of the story, it appears that UPS took steps to rid themselves of a worker that they knew would not have the support of the Union to get his job back. UPS is the enemy and it's unfortunate that this business agent did nothing more than go through the motions. In light of the fact that Randy presented political opposition to the local officers, he should have taken more steps to protect himself. Even though the contract did not state that he was obligated to put communications in writing, I would have taken that step. I don't know what the role of the local president was in this case, however he should have met for discussion with the member and the business agent, after numerous request were made by Randy. The blame surely lies with UPS, up to their usual tactics against Union members and this weak business agent for allowing this to happen. With the facts that you presented on the web site, it appears that the business agent did not do his job. I don't like to see members sue the Union, however in this case, Randy is left with no choice. He deserved representation and support from his local no matter what side of the political fence he was on.

I hope Randy is successful and wins his job back. I also hope this business agent looses his job.

Posted By: DriverDale  Sat. 19 Jun 99, at 12:56 p.m.

After reading the lawsuit, if the facts they allege are true, Mr. Olson had a very winnable grievance. He clearly was within the three year total for LOA, the year between 2 and 3 was not covered by a written document but his contract addresses that situation. His grievance was filed in a timely manner. Art 7 Sec 4 provided that he should have been in a "working termination" status once UPS notified him of termination. If the procedural facts regarding the Grievance Panel in Reno are as Mr. Olson alleges, then I believe that the Teamsters Union grossly violated their fiduciary responsibilities. Mr. Olsons case should have been decided on the facts alone, however it does appear that politics has invaded his case. Mr. Olson makes a very good case, proving it will be very difficult. I hope a judge throws this ball back to the Union and UPS (don't count on it). I anxiously await a response from those who represented Mr. Olson to defend their
position.

The Randy Olson Legal Assistance Web Page:  http://ebdir.net/olson/.
Friends of Randy Olson can be e-mailed at randysfriends@yahoo.com