Retaliation Overturned

On October 1, 1998, “UPS told me to get out of here and don’t come back,” relates preloader Paul Stimpson.

The wheels of justice grind slowly, but after seven years the courts have ordered UPS to put Stimpson back to work. The exact details remain to be worked out, but Stimpson will get very considerable back pay.

On May 18, the Sixth Circuit Court of Appeals ruled, “We find substantial evidence that Stimpson was terminated in retaliation for his grievance activity.” Stimpson won at every step with the NLRB, but UPS delayed his final victory with appeals.

The preloader had filed grievances over managers doing bargaining unit work, violations of seniority for work assignments, management threats against him for being injured on the job, and more. Stimpson???s manager accused him of being a “troublemaker” and asked why he was “filing these bull-___ charges.”

Stimpson filed NLRB charges against UPS because the company failed to respond to an information request related to the workplace injuries.Stimpson says the order has him returning to work in early June at the Madison Heights, Mich., UPS hub.

He expects to get the back pay in July. He added, “We’ve got a contract—I abide by my half if they abide by theirs. They broke it and I spanked them good.”

Congratulations to Paul, and also to his lawyer, long-time TDU attorney Ellis Boal.

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