CASE No.     32-CB-5002

        This questionnaire is being sent to you because you have filed a charge alleging that your Union has failed to represent you. Your failure to return the completed questionnaire could result in your charge being dismissed for lack of cooperation. If you have any questions concerning the completion of this questionnaire, please contact the Regional Office immediately. If you run out of space to complete your answer, you may attach additional pages.

1.  Who is your current or last Employer? United Parcel Service

2.  What is / was your most recent position? Package Car Driver, Broadway Center

3.  How long have you worked for the Company? October 1969 to August 1998

4.  What was the event that caused you to attempt to file a grievance? (for Example: termination, demotion, denial of promotion, issuance of a warning) When did this occur? I filed a grievance for wrongful termination. A termination letter was issued on August 7, 1998. Teamster Local 70 received a copy on 8-10-98 and UPS Labor Relations Manager, John Acha, handed me a copy on 8-17-98 at 7:00 a.m. when I reported for work. An attempt was not made to call me prior to reporting to work nor was an attempt made to have the letter delivered to my correct home address. The letter of termination was delivered to an address that I am completely unfamiliar with. I have lived at my current address since 1991. United Parcel Service has regularly sent mail to me at my current address in, San Leandro. 

5.  Are there any company rules or contract provisions relating to this dispute? If so, please describe or provide copies. (A) Article 8, Section 1 of the Northern California Supplemental Agreement clearly states; "but in no event shall such leave of absence exceed three (3) years, except with the written consent of the Union and the Employer." This language clearly indicates that written consent must be obtained for a leave of over three years. Leaves of under three years are treated differently. The contract doesn't state that I must secure consent at the two-year mark, only that "in the absence of such consent, a request for extension of such leave shall be subject to dispute procedure". My leave was not disputed by either the Union or UPS until I attempted to return to work. I should not have been subjected to a termination hearing and the matter of an extension should have been argued prior to my notifying the Company of my release to return to work. The Union does not address this point and past practice clearly indicates that I was following proper procedure during my disability. (B) Verification of company policies or consistent contract interpretation has not been provided. Past practice was ignored. The union did not pursue my information request of August 24, 1998. (C) Additionally, Article 7, Section 4 (c) states; "Within five (5) days of the occurrence of the alleged cause for discharge or suspension, the Employer shall give written notice by registered mail to the employee and to the Local Union of its decision to discharge or suspend the employee and such notice shall set forth the reason or reasons for the discharge or suspension. If the Employer fails to give such written notice within the specified five (5) day period, the right to discharge or suspend for that particular reason shall be waived." Please note that I have not been provided with any documentation that would verify that the alleged certified letter was mailed and subsequently returned as undeliverable. (D) Please refer to my letter of September 28, 1998, addressed to David S. Paull, Esq. at the Office of the Election Officer in Washington, D.C. regarding Election Office Case No. PR-295. That document illustrates my allegation that United Parcel Service and the Teamsters are in violation of Article IV (Procedures on Grievances), Section 3 (Postponement of Cases), of the Rules of Procedure of the Northern California Teamster-United Parcel Service Labor Management Committee. A copy of this letter, with supporting documents, was sent to you on 9-28-98. It further clarifies my case. Additional information will be found in my letter to the Election Officer of October 12, 1998, which was forwarded to your office. That letter was in reference to my review of the audiotape (UPD 09-98-35 I) of my grievance panel hearing (UPS-3004) of September 3, 1998. You have a copy of this tape in your possession.

6.  When did you first approach the Union for help? Describe your conversation with the Union Steward or agent. Chuck Mack and Marty Frates allegedly learned of my termination letter of 8-7-98 on 8-10-98. I did not learn that I was terminated until I was notified in a phone conversation with Center Manager, John Acha on 8-13-98, when I called to question him about my return to work physical. I immediately called Marty Frates at which time Frates acknowledged my termination and faxed me a copy of the termination letter that he alleges was received by Local 70 on 8-10-98. The specified five-day period for notification had elapsed when I learned of my termination on 8-13-98. I told Frates that I did not receive a copy of the letter. Frates said that it made no difference because it was a minor technicality. Frates ignored the apparent contradiction of Contract language and Chuck Mack didn't dissuade him.

7.  Did you actually file a written grievance form? Who did you give the form to? What did they say? (PLEASE ATTACH A COPY OF THE GRIEVANCE AND ANY WRITTEN RESPONSES TO YOUR GRIEVANCE). I did not file a written grievance form. Marty Frates and Chuck Mack, informed me, during two separate telephone conversations, on 8-13-98, that Local 70 had filed a grievance protest on August 10, 1998. This was done three days before I was aware that I had been terminated. Chuck Mack's comment to me was; "I guess you shouldn't have notified UPS that you were coming back to work. They wouldn't have fired you." A copy of the grievance form and the discharge letter has been filed with the NLRB.

8.  Describe your conversations with the Union's agents concerning the status of your grievance. (PLEASE DESCRIBE YOUR CONVERSATIONS IN CHRONOLOGICAL ORDER). Frates & Mack said that there was no need to get together to discuss my grievance because it was a simple case. Frates didn't explain that this was a simple case for my termination. On August 24, Frates wrote me a letter informing me that I should provide the information that I had requested from UPS in my information request of the same date. Chuck Mack and Marty Frates refused to meet with me to discuss the details of my case prior to and after the meeting of August 24, 1998. I was told that it wasn't necessary.

9.  Where any grievance meetings held between the Union and the Employer? (Describe what happened and give the dates of any such meetings. Also, describe who was present at such meetings and what they said). On August 24, 1998, a meeting was held with Frates as well as stewards Tom Geigan, Warren Evans and Tim Mosier. I strongly protested the presence of these stewards as I had concerns about their political affiliations and rumor mongering. I believe that all of the stewards that were invited to this meeting were pro Hoffa. The stewards that were present did not ask any questions or offer any defense. I was not given the opportunity to have witnesses of my choice. Frates chose the witnesses and denied my request to conduct the meeting without them. Labor Relations Manager, John Naddy, was present for UPS as well as Operations Manager Don Strickland and Broadway Center Manager, John Acha. My information request was denied by UPS without comment from the Union. UPS alleged that they did not have to comply with Article 7, Section 4 (c) of the Northern California Package Rider because the incident was "ongoing". They stated that my return to work slip brought my status to their attention. Frates ignored past practice and did not disagree with the position of UPS in regards to the timeliness issue. It is certain that other conversations and / or meetings took place between UPS and the Union that I am not aware of.

10.  Describe the last thing the Union told you about the status of your grievance. (Please give the date of any such conversation, and tell us who you spoke to and what they said). On Sunday, August 30, 1998, the day before the grievance panel hearing, Frates called me at home and stated that I had a weak case. 

11.  Describe your attempts to find out the status of your grievance. (For example: dates you left messages for the Union, or letters you sent to the Union to inquire about your grievance. Attach copies of any letters sent.) The union repeatedly refused to meet with me to discuss the status of my grievance. I spoke to Mack and Frates on 8-13. I spoke to Mack on two additional occasions in an attempt to discuss my case. Mack repeatedly referred me to Frates who he said was the expert. I spoke to Frates three times prior to the panel hearing of September 3. On each occasion, Frates told me that it was a simple case of untimely notification of termination. He asked me if I had any additional information to support my case. I told Frates that I had no additional information and I asked the union to have UPS comply with my request for information. Frates simply said that United Parcel Service would not comply with my request for information. I am given the right to request information under Article 7, Section 2, paragraph (b) of the Northern California Supplemental Agreement and Section 8(a)(5) of the National Labor Relations Act. An authorized agent of the Union must secure this information. Frates was silent when I pointed out that the company was obligated to provide the information to the Union. I have provided the NLRB with copies of all relevant correspondence.

12.  Have you ever held a position with the Union or campaigned for Union office? If so, tell us when and what position you held or ran for. 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. He lost his position of International Vice President to Ken Mee in that election. Ken Mee is a full time Vice President. Chuck Mack was a part time Vice President with multiple salaries and multiple pensions. I also campaigned against Mack in the International Delegate Elections of 1996 and National Election of 1996 & 1997. I was not running for office during the elections of 91, 96 & 97, although I was one of the prime organizers in those elections. If I hadn't been fired, I would have been one of the prime organizers in the current election. 

13.  Has anyone from the Union, such as a Steward or agent said anything to you that made you believe they did not like you or your behavior? If so, please describe who said it, what they said and when they said it. There are many co-workers that are aware of the infighting between officials at Local 70 and my-self and other pro-reform members. Marty Frates is the most vocal. Witnesses are hesitant to step forward out of concern of being harassed and / or fired through punitive manipulations of the corrupt, secret grievance procedure. They are more likely to step forward if there is reason to believe that they will be protected otherwise some may have to be deposed. Potential witnesses include but are not limited to the following: Craig Gonsalves, Steve Hui, Kim Marchant, Marquel Pea, Maran Wilson, Jerome Otis, Tim Mapfumo, Gilbert Morales, George Saavedra, Bob Blanchet, Dave Godinez, James Walker, Gary Jones and Dan Dugar. There is a situation where UPS blocked me from running in a steward election. My Protest to the Election Office of March 6, 1998 (copy attached) clearly indicates that UPS and the Union were aware of my intent to return to work. Center Manager, Fred Slats, escorted me into the UPS Oakland Hub on the day of the steward election. Mr. Slats is now Labor Relations Manager and in constant contact with District Labor Relations Manager, John Naddy. Mr. Naddy argued the case against me at the grievance panel. Marty Frates is aware of these actions, as he was present when I was escorted onto the property. Why wasn't I notified that I was fired when I returned to UPS to campaign for the position of shop steward? UPS obstructed my campaigning with the apparent blessings of the Union. The Union was silent. The Union and UPS were obviously concerned that I would win the election. The circumstances surrounding my protest to the Election Office of March 6 clearly suggests that UPS and the Union were acting in concert. 

14.  Why do you think the Union has decided not to process your grievance? The union has been negligent in their duty of fair representation due to my dissident union activities. I am a key witness and facilitator in the multi-state racial discrimination lawsuit involving the NAACP, UPS and the Teamsters. I have clearly demonstrated that I am politically opposed to the current officers of Teamster Local 70. I make a difference and I influence co-workers. I am an open supporter of the reform slate and a vocal advocate of rank-and-file education. I firmly believe that our union officials should represent the will of the membership as voiced by informed, democratically elected shop stewards. Chuck Mack and Marty Frates have demonstrated a significant difference in political ideology. They believe that union power comes from the top. As a reform Teamster, I know that true union power must come from the shop floor.

I request that I be immediately reinstated at United Parcel Service. Past and current experience has demonstrated that it is impossible for me to receive unprejudiced representation from Local 70 and / or an impartial grievance panel decision. 

I hereby certify that the information I have provided on this questionnaire is true and correct to the best of my knowledge and belief.
 

By:        ________________________
        (Signature)

Date:        ________________________