During the past year I have found myself drawn to a number of "labor issues" effecting us all. These issues represent the cause of the disordered work environment that put me under incredible stress. My battle began as a result of my fear and anger. It quickly became the drudgery of self-defense. I eventually began to conquer my fears and move ahead. I have a computer, word processing skills, a network of special friends and a desire to learn. I learned that I could best treat my symptoms by defining the disease. That’s what I do for my therapy. I am defining the disease.

I have made over three hundred pages of documentation available to the public. I’ve published forty complete copies of my document binder and distributed it to Federal, State and Local Legislators, National and Local Teamster Leaders, Teamster activists at UPS, Pacific Motor Trucking, Waste Management and other companies.James Kelly, the CEO of United Parcel Service has received a copy accompanied by a cover letter requesting that he take action. None has been forthcoming. The NAACP and the law firm that is handling the racial discrimination class action multi-state lawsuit, against United Parcel Service, originating in Oakland, California, are in possession of the bulk of my documentation. I will be initiating fax on demand within the week. Documentation will be made available to the rank and file on computer floppy discs and the Internet. I’m working with a core group of dedicated activists.

Judge Christopher E. Hamilton of the Workers’ Compensation Appeals Board (WCAB), in Walnut Creek, recently stated, during a hearing, that my case is precedent setting. I am exploring our rights to subpoena documentation from our employers that can be used to establish employer fraud in denying Workers’ Comp. Claims. The penalty for lying to deny Workers Comp. in California, is up to five years in prison.1 I have also learned that we have a right to depose, and formally question under oath, relevant parties to a Workers’ Compensation claim.2 This includes co-workers, union officials, supervisors, managers and district management. I will be attempting to gain a right to videotape the proceedings and then share the tapes with others. The sharing of information empowers us all. The judge has informed the attorney for UPS that we are exploring new territory and making case law in California. Judge Hamilton has advised the UPS/Liberty Mutual attorney that I have the option of forwarding relevant documentation to the District Attorney for criminal prosecution.

I am currently in the process of proving that discriminatory, unlawful and bad faith actions were intentionally inflicted on me to modify my behavior and inhibit me from exercising my rights as a shop steward. The actions of my employer continue to be in violation of the National Labor Relations Act3. The deck is stacked against us. The Employer and the Insurance Industry are allowed unlimited funds to hire predatory packs of attorney’s to defend unwritten, discriminatory, secret policies of harassment and intimidation. California State Law denies us the means to adequately pay an attorney in complex cases. The maximum the law allows me to pay an attorney is less than one thousand dollars. I have filed a Petition for Removal with the Workers Compensation Appeals Board (WCAB) in Walnut Creek. I am asking that my case be removed from calendar until the WCAB rules on my request that those portions of the California State Workers’ Compensation Law, that deny us an equal right to adequately pay an attorney, be struck and declared unconstitutional. The law is in violation of our Civil Rights under the 14th Amendment to the United States Constitution.Presiding Judge, George W. Mason, at the WCAB in Walnut Creek, has responded to my petition with a "REPORT ON PETITION FOR REMOVAL" and forwarded it to the San Francisco office of the WCAB for review and response.

The WCAB is but one of the tools I am currently learning to use. My Business Agent, Dan Varela has notified UPS that Local 78 is preparing to file in Federal Court in order to force District Management to comply with a unanimous decision of the grievance panel. We are keeping my representative in Congress, The Honorable Ellen Tauscher, and the Regional Director of the National Labor Relations Board (NLRB), James Scott, informed.This case will result in the Federal Court taking a close look at the effectiveness of the grievance panel.

The experimental use of innovative strategies leads to a frontier ripe for exploration by the New Teamsters. Knowledge, with a dash of courage, is the gateway to that frontier. Information requests, filed under the National Labor Relations Act (NLRA), are extremely effective in resolving and preparing for grievances. I am personally aware of only two other stewards that are using them. "Information requests should be submitted for almost all grievances4 (ranging from simple to complex)."The NLRB vigorously enforces our right to information.

It is the progressive environment that the new Teamsters have created that has allowed me to pursue these avenues. None of us look forward to a career of repressed spirit and illegally imposed servitude. Shop Stewards, Democratically elected by an informed rank and file, represent the free spirit of the New Teamsters.

¹ Please note: Any person who makes or causes to be made any knowingly false or fraudulent material statement or material  representation for the purpose of obtaining or denying workers’ compensation benefits or payment is guilty of a felony.

² California labor code section 5710.

³ The right to engage in concerted activities is protected by Section 7 of the NLRA.

⁴ The Legal Rights of Union Stewards, Work Rights Press, Page 55.

For additional information and/or assistance:  E-mail: theshaman@earthlink.net

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