Judge toss's buyout lawsuit against UPS

[OT+]

Latest on the buyout rUPSers.png
Judge toss's buyout lawsuit against UPS

[WTF891]

Tired of winning yet?

[AlJackson1962!]

So how's this lining up? Has a grievance been filed, and if so, where does it stand today? Upon exhausting the grievance procedure up to and before arbitration, who are the likely arbitrators that might decide a deadlocked grievance on this matter? Under the Biden NLRB, would all reading this expect that the former composition of the NLRB under Biden, would quickly rule UPS is unlawfully engaging in direct bargaining by bypassing the Union on implementing the retirement buyouts? What do you think Brothers and Sisters?

[Bob Randall]

NLRB has historically deferred to the "Grievance and Arbitration" clause in a CBA before taking on a case. "Where does it stand" is the question for now. Another question: Who provides legal counsel for the IBT in such matters? Curious.

[OT+]

Screenshot 2026-02-21 at 8.51.20 AM.png
Flyer being distributed at UPS

[Yard Dog]

Take your money and run before these Scumbags destroy it.

[AlJackson1962!]

Mike Feinberg argued the case above that was deferred to grievance/arbitration. He’s a longtime lawyer for JC10.

[Magruder]

I'd think that a national case like that would have been handled by IBT lawyers like maybe the general counsel.

[Bob Randall]

Weird? Must have been trying to hang his hat on something?

[jerseymike78]

I believe most decisions made at the IBT are first run by Nixon Peabody to access the way it can be presented publicly. The entire history of Oz’s tenure has been a public relations campaign. Every aspect of their conduct is structured that way.

[Nights]

Nixon Peabody is the union-busting law firm used by O'Brien's IBT, that's the firm they hired to go after TeamsterLink. Berlin Rosen is the professional liar group he hired to sell the UPS contract.

[AlJackson1962!]

Below is some more detail on the Teamsters lawsuit against UPS.

https://www.reuters.com/business/world-at-work/teamsters-urge-judge-block-ups-offering-150000-buyouts-drivers-2026-02-19/

[AlJackson1962!]

Pretty clear cut non-ambiguous language below against direct bargaining and bypassing the Union, yes?

Question? Did the IBT file a grievance last Fall in 2025 when UPS rolled out its first buyout option to unit members?

UPS/IBT National CBA

ARTICLE 6. Section 1. Extra Contract Agreements Except as may be otherwise provided in this Agreement, the Employer agrees not to enter into, or attempt to enter into, any agreement or contract with its employees, either individually or collectively, or to require or attempt to require employees to sign any document, either individually or collectively, which in any way conflicts with the provisions of this Agreement. Any such Agreement or document shall be null and void. Any such agreement or document may not be placed in an employee’s file or used by the Employer as a basis for discipline or used in connection with any disciplinary proceeding, nor may any such agreement or document nor the contents thereof be divulged to any person or entity. In addition, the Company will not discipline an employee for refusing to sign any Company form related to the principle of a fair day’s work unless the signing is required by law or by this Agreement.

[BBeatle]

"which in any way conflicts with the provisions of this Agreement. " Other than that phrase, crystal clear.

[AlJackson1962!]

The terms of the Employer’s obligations for retirement are specified in the National and Supplemental Agreements and there is no provision for any pension buyouts.

[Davis]

The terms of the Employer’s obligations for retirement are specified in the National and Supplemental Agreements and there is no provision for any pension buyouts.

Is there a prohibition against anything in addition too whats in the companies pension obligation? How else is the $150,000 in conflict with the agreement? Personally I have no interest in it but I'm curious as to why the company would take such a big risk. If it's ruled a vioation of the agreement they would have to hire back everyone that took it.

[AlJackson1962!]

Davis wrote above:

"Is there a prohibition against anything in addition too whats in the companies pension obligation? How else is the $150,000 in conflict with the agreement? Personally I have no interest in it but I'm curious as to why the company would take such a big risk. If it's ruled a vioation of the agreement they would have to hire back everyone that took it."

Absent, an agreement reached in prior bargaining with the Union allowing UPS to unilaterally implement a retirement buyout program, and absent any management rights provision that could be broadly interpreted to include a management right to implement a unilateral retirement buyout program, all terms and conditions of employment (including a buyout program) must be bargained to agreement or impasse with the Union (unless the Union has explicitly waived that right). The 2023 UPS contract was ratified and with that, unless there was a side agreement not made available to the voting rank and file (which would violate our IBT Constitution), all issues introduced by both management and the Union were resolved (agreed or withdrawn); that's my understanding. And furthermore, UPS agreed to create more full-time jobs during this contract; for UPS to buyout seniority members undermines the good faith agreement UPS made to create more full-time jobs. You never know how a deadlocked grievance may be decided, but I can't see how an arbitrator could reason that UPS can introduce these huge buyouts that were never raised nor discussed during contract bargaining, especially given how the buyouts undermine the commitment to create more full-time jobs.

[Jazzman]

Is it really "a retirement buyout proram" might just be semantics but it applys to many that are no where near retirement.

[AlJackson1962!]

Jazzman commented
Yesterday, 11:57 PM
"Is it really "a retirement buyout program" might just be semantics but it applies to many that are no where near retirement."

Jazzman: No argument, but in effect, UPS is buying out members' seniority rights. As a young Teamster at the bottom of the seniority list old-timers at the top of the list, would joke about selling their place on the list and ask us junior guys to make them an offer. This UPS unilateral buyout is a subterfuge for evading its agreement to create more full-time jobs.

[OT+]