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#1 Asauce24

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Posted February 21 2013 - 12:49 PM

I had my abritration meeting scheduled for feb 22 . This Friday . The union called me up on Tuesday and told me that the union decided not to take it to abritration . Is that allowed to cancel just 3 days before the hearing ? I been off for 10 months . Union decided in December that we were going to abritration . Why last minuets cancel
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#2 Shaman

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Posted February 21 2013 - 01:08 PM

I suggest writing to your Secretary Treasurer. Send a copy to your Shop Steward. Share the response to the advice that you get here and from other sources after expunging personal information. Think of the experience as part of a learning curve for yourself and the rest of us. Any other suggestions?

I would be pleased to put together a list of labor resource publications that I collected during the years that I worked for United Parcel Service. I was surprised to find very little on the Teamster or TDU Web Sites. Are the readers of this forum interested in sharing a list of reference books as well as links to web sites where they can be purchased?
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** Charlie Engel (aka Shaman) on Facebookhttps://www.facebook.com/charlie.engel

 

Facebook Notes:

 

** Relationship is the Illusion @ https://www.facebook...151532630673053

The Role of the Contrary @ https://www.facebook...151543214823053

 

Interview by Jerry Katz, Editor @ http://www.nonduality.com/

 

** Charlie Engel (aka Shaman) Interviewed by Nonduality.com @ http://www.teamster....-nondualitycom/

 

Teamster.net Postings

 

** Teamster Worth Equals Community Service and Contribution @ http://www.teamster....d-contribution/

** UPS Oakland -- New Lawsuit Filed @ http://www.teamster....-lawsuit-filed/  (74,127 views as of 07-23-2013)

** Background on a $87 Million Settlement of Behalf of Labor @ http://www.teamster..../?hl=settlement   

** Joe Republican @ http://www.teamster....joe-republican/
 

ORGANIZING THE ORGANIZERS (Background on Stephanie Patiga and the failed efforts of the IBT Staff Organizers to secure a collective bargaining agreement)

 

** 71% Of I.B.T. organizers Stand United and Refuse to Sign Their Rights Away Regarding "at-will" Employee Status.http://www.teamster....mployee-status/

** "HOT OFF THE PRESSES!" Teamsters vs. Teamsters @ http://www.teamster....s-vs-teamsters/

** STEPHANIE PATIGA 2ND ORGANIZER TO GET FIRED IN THE LAST 2 MONTHS! @ http://www.teamster....-last-2-months/

**A MESSAGE FROM THE I.B.T. STAFF ORGANIZERS @ http://www.teamster....aff-organizers/

 

THE RANDY OLSON STORY

** The Randy Olson Story @ http://www.ebdir.net/olson/convoy.html

** Charlie Engel's Deposition in the Randy Olson Federal Lawsuit http://www.ebdir.net...n/frdepose.html

 

=======================================================

 

In 2001, I wrote a story about a special tree in the Shell Ridge Open Space.  I shared the story with a few friends.  One of the friends was Daya Cramer.  Daya taught  a college preparation course in creative writing at a local High School.  The first story was written by one of her students.  It is about a class field trip to my home in Walnut Creek.  In October of 2001, approximately fifteen students from Daya's class were introduced to the mystical realm.  I learned later that they were "not the same" for the rest of the school year.  I don't know if they have all recovered or if they want to.

Hiking Trip -- By Sarah Lauehttps://www.facebook...ue/500450033052

 

raven-barking-at-the-moon-wingsdomain-ar

 

2013-10-20


#3 who are you?

who are you?

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Posted February 21 2013 - 07:53 PM

I had my abritration meeting scheduled for feb 22 . This Friday . The union called me up on Tuesday and told me that the union decided not to take it to abritration . Is that allowed to cancel just 3 days before the hearing ? I been off for 10 months . Union decided in December that we were going to abritration . Why last minuets cancel


What company do you work for?
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#4 Asauce24

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Posted February 21 2013 - 11:00 PM

Von's milk plant .. Local 630
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#5 Shaman

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Posted February 21 2013 - 11:27 PM

Be advised that you have posted enough information that your local and and your employer can identify you. This is not a problem unless you don't want to be identified. It isn't necessary to identify yourself in order to get advice on this forum.
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** Relationship is the Illusion @ https://www.facebook...151532630673053

The Role of the Contrary @ https://www.facebook...151543214823053

 

Interview by Jerry Katz, Editor @ http://www.nonduality.com/

 

** Charlie Engel (aka Shaman) Interviewed by Nonduality.com @ http://www.teamster....-nondualitycom/

 

Teamster.net Postings

 

** Teamster Worth Equals Community Service and Contribution @ http://www.teamster....d-contribution/

** UPS Oakland -- New Lawsuit Filed @ http://www.teamster....-lawsuit-filed/  (74,127 views as of 07-23-2013)

** Background on a $87 Million Settlement of Behalf of Labor @ http://www.teamster..../?hl=settlement   

** Joe Republican @ http://www.teamster....joe-republican/
 

ORGANIZING THE ORGANIZERS (Background on Stephanie Patiga and the failed efforts of the IBT Staff Organizers to secure a collective bargaining agreement)

 

** 71% Of I.B.T. organizers Stand United and Refuse to Sign Their Rights Away Regarding "at-will" Employee Status.http://www.teamster....mployee-status/

** "HOT OFF THE PRESSES!" Teamsters vs. Teamsters @ http://www.teamster....s-vs-teamsters/

** STEPHANIE PATIGA 2ND ORGANIZER TO GET FIRED IN THE LAST 2 MONTHS! @ http://www.teamster....-last-2-months/

**A MESSAGE FROM THE I.B.T. STAFF ORGANIZERS @ http://www.teamster....aff-organizers/

 

THE RANDY OLSON STORY

** The Randy Olson Story @ http://www.ebdir.net/olson/convoy.html

** Charlie Engel's Deposition in the Randy Olson Federal Lawsuit http://www.ebdir.net...n/frdepose.html

 

=======================================================

 

In 2001, I wrote a story about a special tree in the Shell Ridge Open Space.  I shared the story with a few friends.  One of the friends was Daya Cramer.  Daya taught  a college preparation course in creative writing at a local High School.  The first story was written by one of her students.  It is about a class field trip to my home in Walnut Creek.  In October of 2001, approximately fifteen students from Daya's class were introduced to the mystical realm.  I learned later that they were "not the same" for the rest of the school year.  I don't know if they have all recovered or if they want to.

Hiking Trip -- By Sarah Lauehttps://www.facebook...ue/500450033052

 

raven-barking-at-the-moon-wingsdomain-ar

 

2013-10-20


#6 Asauce24

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Posted February 22 2013 - 12:25 AM

Well the union already screwed me over so I really don't think it matters if they identify me.. They need to be exposed because this union has no money and probably took a back door deal from the company to void abritration last minuet
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#7 Shaman

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Posted February 22 2013 - 12:55 AM

Problems should be handled with the assistance of persons that you trust. Creating a paper trail is the most effective means to define issues while collecting a data base of documents and exploring strategies. It is essential to utilize labor laws, legislators, coworkers and the community in defining and tackling problems. Anger will not serve anyone but those who believe they would benefit by your failure. Situations should be recognized as a means by which you, coworkers, union leaders and management can learn to communicate "in a mutually beneficial manner". Each of us is a salesman or saleswoman or sorts. We either sell ourselves or we don't. I accept responsibility for my actions and inaction. What is your agenda? Do you want to get off the hook for doing something that you really shouldn't have been doing? Your "agenda" will be apparent in the letters that you write. Are you ready to write letters? Is anyone interested in using Teamster.net as a mutually beneficial tool in addressing and discussing problems in the workplace?

Problems will disappear to the degree that opportunities are recognized.
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Facebook Notes:

 

** Relationship is the Illusion @ https://www.facebook...151532630673053

The Role of the Contrary @ https://www.facebook...151543214823053

 

Interview by Jerry Katz, Editor @ http://www.nonduality.com/

 

** Charlie Engel (aka Shaman) Interviewed by Nonduality.com @ http://www.teamster....-nondualitycom/

 

Teamster.net Postings

 

** Teamster Worth Equals Community Service and Contribution @ http://www.teamster....d-contribution/

** UPS Oakland -- New Lawsuit Filed @ http://www.teamster....-lawsuit-filed/  (74,127 views as of 07-23-2013)

** Background on a $87 Million Settlement of Behalf of Labor @ http://www.teamster..../?hl=settlement   

** Joe Republican @ http://www.teamster....joe-republican/
 

ORGANIZING THE ORGANIZERS (Background on Stephanie Patiga and the failed efforts of the IBT Staff Organizers to secure a collective bargaining agreement)

 

** 71% Of I.B.T. organizers Stand United and Refuse to Sign Their Rights Away Regarding "at-will" Employee Status.http://www.teamster....mployee-status/

** "HOT OFF THE PRESSES!" Teamsters vs. Teamsters @ http://www.teamster....s-vs-teamsters/

** STEPHANIE PATIGA 2ND ORGANIZER TO GET FIRED IN THE LAST 2 MONTHS! @ http://www.teamster....-last-2-months/

**A MESSAGE FROM THE I.B.T. STAFF ORGANIZERS @ http://www.teamster....aff-organizers/

 

THE RANDY OLSON STORY

** The Randy Olson Story @ http://www.ebdir.net/olson/convoy.html

** Charlie Engel's Deposition in the Randy Olson Federal Lawsuit http://www.ebdir.net...n/frdepose.html

 

=======================================================

 

In 2001, I wrote a story about a special tree in the Shell Ridge Open Space.  I shared the story with a few friends.  One of the friends was Daya Cramer.  Daya taught  a college preparation course in creative writing at a local High School.  The first story was written by one of her students.  It is about a class field trip to my home in Walnut Creek.  In October of 2001, approximately fifteen students from Daya's class were introduced to the mystical realm.  I learned later that they were "not the same" for the rest of the school year.  I don't know if they have all recovered or if they want to.

Hiking Trip -- By Sarah Lauehttps://www.facebook...ue/500450033052

 

raven-barking-at-the-moon-wingsdomain-ar

 

2013-10-20


#8 Shaman

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Posted February 28 2013 - 12:09 AM

Thank you for motivating me to review the titles in my labor library. Anyone that is serious about effectively pursuing grievances should be familiar with two of my favorite books. I purchased them years ago from a T.D.U. source, probably at a convention. You can order "The Legal Rights of Union Stewards" from Work Rights Press @ http://www.workright...s.com/lrus.html. The price has doubled since the time I purchased my book. At $20.00 a copy it is still a bargain.

Another favorite is titled "How to Win Past Practice Grievances". This gem is available from Works Rights Press @ http://www.workright...m/pastprac.html.

I quickly learned that almost no one was processing grievances in the manner described in these books. It was apparent that few coworkers were interested in securing their rights. Many coworkers were afraid and/or reluctant to file a grievance. The boss certainly didn't view these processes as an opportunity to work out misunderstandings and mutually define our roles in the work place.
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** Relationship is the Illusion @ https://www.facebook...151532630673053

The Role of the Contrary @ https://www.facebook...151543214823053

 

Interview by Jerry Katz, Editor @ http://www.nonduality.com/

 

** Charlie Engel (aka Shaman) Interviewed by Nonduality.com @ http://www.teamster....-nondualitycom/

 

Teamster.net Postings

 

** Teamster Worth Equals Community Service and Contribution @ http://www.teamster....d-contribution/

** UPS Oakland -- New Lawsuit Filed @ http://www.teamster....-lawsuit-filed/  (74,127 views as of 07-23-2013)

** Background on a $87 Million Settlement of Behalf of Labor @ http://www.teamster..../?hl=settlement   

** Joe Republican @ http://www.teamster....joe-republican/
 

ORGANIZING THE ORGANIZERS (Background on Stephanie Patiga and the failed efforts of the IBT Staff Organizers to secure a collective bargaining agreement)

 

** 71% Of I.B.T. organizers Stand United and Refuse to Sign Their Rights Away Regarding "at-will" Employee Status.http://www.teamster....mployee-status/

** "HOT OFF THE PRESSES!" Teamsters vs. Teamsters @ http://www.teamster....s-vs-teamsters/

** STEPHANIE PATIGA 2ND ORGANIZER TO GET FIRED IN THE LAST 2 MONTHS! @ http://www.teamster....-last-2-months/

**A MESSAGE FROM THE I.B.T. STAFF ORGANIZERS @ http://www.teamster....aff-organizers/

 

THE RANDY OLSON STORY

** The Randy Olson Story @ http://www.ebdir.net/olson/convoy.html

** Charlie Engel's Deposition in the Randy Olson Federal Lawsuit http://www.ebdir.net...n/frdepose.html

 

=======================================================

 

In 2001, I wrote a story about a special tree in the Shell Ridge Open Space.  I shared the story with a few friends.  One of the friends was Daya Cramer.  Daya taught  a college preparation course in creative writing at a local High School.  The first story was written by one of her students.  It is about a class field trip to my home in Walnut Creek.  In October of 2001, approximately fifteen students from Daya's class were introduced to the mystical realm.  I learned later that they were "not the same" for the rest of the school year.  I don't know if they have all recovered or if they want to.

Hiking Trip -- By Sarah Lauehttps://www.facebook...ue/500450033052

 

raven-barking-at-the-moon-wingsdomain-ar

 

2013-10-20


#9 11:58pm

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Posted February 28 2013 - 04:04 PM

Who are you talking to???
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#10 nic123

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Posted March 02 2013 - 01:01 AM

Have no idea's who Shaman is talking too??? Shaman, do you really want to continue acting like a "wing nut??" Giving out bad advice and odd comments/replies to teamster members, irrelevant to topics and of your self promotion of yourself/books?

Asauce24, I remember corresponding with you last month, I am sorry (disapointed) to hear that you didn't go to arbitration, no fault of your own. No, that should not have happened! I have never called off an arbitration, unless I settled it prior to arbitration. Arbitrations have been postponed in the past, whether arbitrator got ill or couldn't make that date or some similar reason, but it was always rescheduled for another date, that happens seldom however. Sometimes, if both union/management need to gather more facts, it can also be postponed. But not cancel for good. If the union felt they could not win the arbitration (They should of told you that in Dec or l0 months ago) then that could be another scenario, but that is not in my voculbary. I have never lost an arbitration, but that is what seperates the men from the boys, or in my case woman. You have every right to be upset about this and angry. Let me know what your S/T had said to you about all of this,etc. You can privately pin me on here,and I will reply to your post that way if you like.

Shaman, FYI, The member has every right to be upset and angry. You said, "Telling the member not to be angry as those who will benefit in his failure?" What? Asking the member what is his agenda? He wants his job back, his job security, his livelyhood to be able to support himself, his family, and make a good living! To be represented as a dues paying member by his local union to protect himself from wrongdoing by managment. Your telling him he should be a wallflower and stay in the shadows? To let the issue go and find peace or whatever your promoting??? Teamsters fight for what they believe in and know is what to be right and from wrongdoing by their employers, not to step back and forget the issue? You might as well tell the member to forget the issue and go work at walmart??? --Or at will employee??

Asauce24, In my experiences, I can say as this,... You want to fight for you job back, it is alright to get angry at your reps! Have your local work for you,as your a dues paying member! When members get upset for any reason, that should only make your union representation work harder for you! That is the way it should be. I think today, too many union members are afraid to speak up and out at the union and when in fact the union is there to protect the members and maintain their job security,etc. Sigh. Asauce, Don't get a bad feeling for the teamsters or unions, if I was your rep I would have got your job back and/or at least attempted too! And so many other union reps would also throughout the US,etc. I don't know what occured, but the mere fact they told you were going to arbitration and then the union dropped the ball on you two days before, well that makes me angry as well. So it's alright to be angry. Hang in there. Hold off on writing letters in anger however, although that shaman advice to do so, as you don't want to get yourself in any legal trouble.
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#11 Shaman

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Posted March 02 2013 - 08:45 AM

People that have different perspectives than we do are simply "different". Calling others names only shows how small our box is. You're new to this forum. You may want to read a little more before pointing your finger at someone that simply has a different view than you.

You are one of the majority of posters on this forum that doesn't have the courage to name yourself. Yes, you are not promoting anything or anyone other than a viewpoint that you don't have to take responsibility for.

Anger is not necessary or productive. Management can easily find justification to terminate angry employees. Angry people are people that oftentimes act in a stupid, closed minded manner.

You would be of greater service to the Union if you were to promote education and community involvement. As for staying on topic, that's what I am doing. The member asked for advice and I pointed in the direction of a couple of the resources and insights that have served coworkers and me. I would have lost a good portion of my pension if I hadn't stood up for my rights. In my case, the Union was more concerned about shielding a dysfunctional and easily manipulated grievance system than protecting the membership.

As for agendas, there are many different unstated agendas. My agenda has been to protect myself "in public" for the purpose of job security and education. I believe that community service is of benefit to the individual as well. If your agenda is to simply protect "your job", you may want to think about joining forces with coworkers that are interested in working together for the common good. You're more likely to protect your job if you are actively engaged in workers" rights education as well as involvement in the Union. Does your Union put a priority on membership involvement and education?

Did you read my UPS Oakland - New Lawsuit String? It had over 70,000 unique views before Teamster.net stopped counting. The efforts of coworkers and myself eventually benefitted 20,000 drivers to the tune of several million dollars. The Union and the UPS didn't cooperate with the attorneys that represented the workers in this lawsuit.

UPS Oakland -- New Lawsuit Filed in the UPS Forum @ http://www.teamster....-lawsuit-filed/

===================================

Working Teamsters Win $87 Million from UPS


April 12, 2007: More than 20,000 Teamsters in California have won an $87 million victory versus UPS.

On April 9, a California State judge officially approved a settlement of a class action lawsuit filed against UPS for forcing employees to work off the clock. One result is that package car drivers are seeing less forced, excessive overtime.

“For me this was never about the money. This is about the change. I wanted UPS to start abiding by the law and respect the contract.” said Local 70 Teamster Kim Marchant, a 21-year driver and class rep in the lawsuit.

“I have drivers coming up to me now and saying I love that I can go home at a reasonable hour and not be harassed to work through my lunch,” Marchant said.

Under California law, employees have to be given a meal break within their first five hours of work. Employees who work more than 10 hours a day are entitled to a second meal period and three paid 10-minute breaks.

UPS package car drivers covered by the lawsuit who worked more than ten hours a day routinely worked through their lunch and “paid” breaks. Drivers also had to wait more than five hours for their first meal break.

Drivers turned to the courts after being told by Teamster officials that nothing could be done about the company’s wage and hour violations. As a result, 23,000 drivers are millions richer—with the bulk of that money going to 10,000 who were the most effected by the company’s violations. Some drivers were awarded as much as $20,000.

An additional $4 million in unclaimed money is going to food banks in Los Angeles and San Francisco.
Last summer, UPS management tried to undermine the members’ lawsuit by getting the California Legislature to pass a bill that would give unionized transportation companies (like UPS) an exemption from laws requiring lunch breaks during specified times in work shifts.

In an effort to get the governor to sign the bill, management instructed Teamsters to sign letters in support of the legislation and give them back to supervisors in unsealed envelopes. UPS management’s lobbying effort failed and Governor Schwarzenegger vetoed the bill last September, helping to pave the way to this week’s $87 million victory.

The same law firm York Law Corp. is currently representing Teamster members in a lawsuit against Waste Management for similar violations of California wage and hour laws.

---------------------------------------

You can read the above article, Working Teamsters Win $87 Million from UPS @ http://www.tdu.org/node/1030
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Facebook Notes:

 

** Relationship is the Illusion @ https://www.facebook...151532630673053

The Role of the Contrary @ https://www.facebook...151543214823053

 

Interview by Jerry Katz, Editor @ http://www.nonduality.com/

 

** Charlie Engel (aka Shaman) Interviewed by Nonduality.com @ http://www.teamster....-nondualitycom/

 

Teamster.net Postings

 

** Teamster Worth Equals Community Service and Contribution @ http://www.teamster....d-contribution/

** UPS Oakland -- New Lawsuit Filed @ http://www.teamster....-lawsuit-filed/  (74,127 views as of 07-23-2013)

** Background on a $87 Million Settlement of Behalf of Labor @ http://www.teamster..../?hl=settlement   

** Joe Republican @ http://www.teamster....joe-republican/
 

ORGANIZING THE ORGANIZERS (Background on Stephanie Patiga and the failed efforts of the IBT Staff Organizers to secure a collective bargaining agreement)

 

** 71% Of I.B.T. organizers Stand United and Refuse to Sign Their Rights Away Regarding "at-will" Employee Status.http://www.teamster....mployee-status/

** "HOT OFF THE PRESSES!" Teamsters vs. Teamsters @ http://www.teamster....s-vs-teamsters/

** STEPHANIE PATIGA 2ND ORGANIZER TO GET FIRED IN THE LAST 2 MONTHS! @ http://www.teamster....-last-2-months/

**A MESSAGE FROM THE I.B.T. STAFF ORGANIZERS @ http://www.teamster....aff-organizers/

 

THE RANDY OLSON STORY

** The Randy Olson Story @ http://www.ebdir.net/olson/convoy.html

** Charlie Engel's Deposition in the Randy Olson Federal Lawsuit http://www.ebdir.net...n/frdepose.html

 

=======================================================

 

In 2001, I wrote a story about a special tree in the Shell Ridge Open Space.  I shared the story with a few friends.  One of the friends was Daya Cramer.  Daya taught  a college preparation course in creative writing at a local High School.  The first story was written by one of her students.  It is about a class field trip to my home in Walnut Creek.  In October of 2001, approximately fifteen students from Daya's class were introduced to the mystical realm.  I learned later that they were "not the same" for the rest of the school year.  I don't know if they have all recovered or if they want to.

Hiking Trip -- By Sarah Lauehttps://www.facebook...ue/500450033052

 

raven-barking-at-the-moon-wingsdomain-ar

 

2013-10-20


#12 11:58pm

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Posted March 03 2013 - 05:15 AM

People that have different perspectives than we do are simply "different". Calling others names only shows how small our box is. You're new to this forum. You may want to read a little more before pointing your finger at someone that simply has a different view than you.

You are one of the majority of posters on this forum that doesn't have the courage to name yourself. Yes, you are not promoting anything or anyone other than a viewpoint that you don't have to take responsibility for.

Anger is not necessary or productive. Management can easily find justification to terminate angry employees. Angry people are people that oftentimes act in a stupid, closed minded manner.

You would be of greater service to the Union if you were to promote education and community involvement. As for staying on topic, that's what I am doing. The member asked for advice and I pointed in the direction of a couple of the resources and insights that have served coworkers and me. I would have lost a good portion of my pension if I hadn't stood up for my rights. In my case, the Union was more concerned about shielding a dysfunctional and easily manipulated grievance system than protecting the membership.

As for agendas, there are many different unstated agendas. My agenda has been to protect myself "in public" for the purpose of job security and education. I believe that community service is of benefit to the individual as well. If your agenda is to simply protect "your job", you may want to think about joining forces with coworkers that are interested in working together for the common good. You're more likely to protect your job if you are actively engaged in workers" rights education as well as involvement in the Union. Does your Union put a priority on membership involvement and education?

Did you read my UPS Oakland - New Lawsuit String? It had over 70,000 unique views before Teamster.net stopped counting. The efforts of coworkers and myself eventually benefitted 20,000 drivers to the tune of several million dollars. The Union and the UPS didn't cooperate with the attorneys that represented the workers in this lawsuit.

UPS Oakland -- New Lawsuit Filed in the UPS Forum @ http://www.teamster....-lawsuit-filed/

===================================

Working Teamsters Win $87 Million from UPS


April 12, 2007: More than 20,000 Teamsters in California have won an $87 million victory versus UPS.

On April 9, a California State judge officially approved a settlement of a class action lawsuit filed against UPS for forcing employees to work off the clock. One result is that package car drivers are seeing less forced, excessive overtime.

“For me this was never about the money. This is about the change. I wanted UPS to start abiding by the law and respect the contract.” said Local 70 Teamster Kim Marchant, a 21-year driver and class rep in the lawsuit.

“I have drivers coming up to me now and saying I love that I can go home at a reasonable hour and not be harassed to work through my lunch,” Marchant said.

Under California law, employees have to be given a meal break within their first five hours of work. Employees who work more than 10 hours a day are entitled to a second meal period and three paid 10-minute breaks.

UPS package car drivers covered by the lawsuit who worked more than ten hours a day routinely worked through their lunch and “paid” breaks. Drivers also had to wait more than five hours for their first meal break.

Drivers turned to the courts after being told by Teamster officials that nothing could be done about the company’s wage and hour violations. As a result, 23,000 drivers are millions richer—with the bulk of that money going to 10,000 who were the most effected by the company’s violations. Some drivers were awarded as much as $20,000.

An additional $4 million in unclaimed money is going to food banks in Los Angeles and San Francisco.
Last summer, UPS management tried to undermine the members’ lawsuit by getting the California Legislature to pass a bill that would give unionized transportation companies (like UPS) an exemption from laws requiring lunch breaks during specified times in work shifts.

In an effort to get the governor to sign the bill, management instructed Teamsters to sign letters in support of the legislation and give them back to supervisors in unsealed envelopes. UPS management’s lobbying effort failed and Governor Schwarzenegger vetoed the bill last September, helping to pave the way to this week’s $87 million victory.

The same law firm York Law Corp. is currently representing Teamster members in a lawsuit against Waste Management for similar violations of California wage and hour laws.

---------------------------------------

You can read the above article, Working Teamsters Win $87 Million from UPS @ http://www.tdu.org/node/1030




sherman, I don't think you've said enough about your own personal opinions and perspectives. Can you please add to it by saying even more and then elaborate on it a little bit. Please.
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#13 Shaman

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Posted March 03 2013 - 02:50 PM




sherman, I don't think you've said enough about your own personal opinions and perspectives. Can you please add to it by saying even more and then elaborate on it a little bit. Please.

I'll post one of my psychological reports later today or tonight in the appropriate string.  I'm sure that you will find it to be interesting.   Thank you for asking.


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Shaman's Favorites:

 

Facebook: 

 

** Charlie Engel (aka Shaman) on Facebookhttps://www.facebook.com/charlie.engel

 

Facebook Notes:

 

** Relationship is the Illusion @ https://www.facebook...151532630673053

The Role of the Contrary @ https://www.facebook...151543214823053

 

Interview by Jerry Katz, Editor @ http://www.nonduality.com/

 

** Charlie Engel (aka Shaman) Interviewed by Nonduality.com @ http://www.teamster....-nondualitycom/

 

Teamster.net Postings

 

** Teamster Worth Equals Community Service and Contribution @ http://www.teamster....d-contribution/

** UPS Oakland -- New Lawsuit Filed @ http://www.teamster....-lawsuit-filed/  (74,127 views as of 07-23-2013)

** Background on a $87 Million Settlement of Behalf of Labor @ http://www.teamster..../?hl=settlement   

** Joe Republican @ http://www.teamster....joe-republican/
 

ORGANIZING THE ORGANIZERS (Background on Stephanie Patiga and the failed efforts of the IBT Staff Organizers to secure a collective bargaining agreement)

 

** 71% Of I.B.T. organizers Stand United and Refuse to Sign Their Rights Away Regarding "at-will" Employee Status.http://www.teamster....mployee-status/

** "HOT OFF THE PRESSES!" Teamsters vs. Teamsters @ http://www.teamster....s-vs-teamsters/

** STEPHANIE PATIGA 2ND ORGANIZER TO GET FIRED IN THE LAST 2 MONTHS! @ http://www.teamster....-last-2-months/

**A MESSAGE FROM THE I.B.T. STAFF ORGANIZERS @ http://www.teamster....aff-organizers/

 

THE RANDY OLSON STORY

** The Randy Olson Story @ http://www.ebdir.net/olson/convoy.html

** Charlie Engel's Deposition in the Randy Olson Federal Lawsuit http://www.ebdir.net...n/frdepose.html

 

=======================================================

 

In 2001, I wrote a story about a special tree in the Shell Ridge Open Space.  I shared the story with a few friends.  One of the friends was Daya Cramer.  Daya taught  a college preparation course in creative writing at a local High School.  The first story was written by one of her students.  It is about a class field trip to my home in Walnut Creek.  In October of 2001, approximately fifteen students from Daya's class were introduced to the mystical realm.  I learned later that they were "not the same" for the rest of the school year.  I don't know if they have all recovered or if they want to.

Hiking Trip -- By Sarah Lauehttps://www.facebook...ue/500450033052

 

raven-barking-at-the-moon-wingsdomain-ar

 

2013-10-20


#14 Shaman

Shaman

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Posted March 03 2013 - 10:28 PM

This looks like an appropriate string to post a few documents in.  The brother asked how he could get an answer to a question.  This is as good a time as any to contemplate what goes into a letter as well as possible strategies to use.  One could spend countless hours exploring the possibilities.  Who would the letter be written to and who should be copied.  It is critical that a good letter writer be found, someone that you trust.  I'm not going to get into specific situations, regarding others, at this time.  I prefer to share resources, formats and strategies that I have collected.  My documentation illustrates techniques and possibilities.  My documentation is public domain, having been reviewed by the Alameda County District Attorney's Office as well as being submitted to the Workers' Compensation Appeals Board.  Several additional documents were reviewed by the Federal Bureau of Investigation.  
 
The following psychological report is one of five that were produced in my Workers' Compensation Case, including a Discrimination in Workers' Compensation (132a) case.  This information will be helpful to those of you that have not undergone such a test and are unfamiliar with the process.
 
My doctor at Kaiser informed me that my case was the thickest in their file.  After seeing me for several years he told me one day that he couldn't be of further assistance.  Dr. Heckman referred me to his medicine man, a wonderful shaman who friends and I visited over the course of a couple of years.  This medicine man was "the real thing".  That is another story.
 
The report tells a familiar and somewhat entertaining story, one that is accompanied by hundreds of pages of documents.  Union members, workers and corporate clones will recognize the situations and strategies.   
These documents will serve as an example of strategies and resources that can be used in similar cases.  It is my understanding that some rules may have been changed regarding laws and government entities that address the described situations.
 

Charlie Engel

Retired Shop Steward

Teamster Local 78
 
Kaiser Permanente Medical Center
200 Muir Road
Martinez, California 94553-469
(925) 372-1000
 
September 8, 1999
 
Liberty Mutual Insurance Company
Attn:  Lisa Nichols, Claims Department
P. O.  Box 98900
W. Sacramento, CA 95798-9000
 
Judge Charles E. Finster
Workers’ Compensation Appeals Board
175 Lennon Lane
Walnut Creek, CA 94598
 
Law Office of Frank Russo
1800 Harrison Street, 17th Floor
Oakland, CA 94612
 
COMPREHENSIVE/PERMANENT AND STATIONARY REPORT
 
Patient:  Charles Engel
WCAB#: WCK 39272
 
Mr. Charles Engel is a 51-year-old Caucasian male who resides at 71 Ball Road, Walnut Creek, CA 94596.  He has been employed as a car-washer for the past approximately 15 years.
 
I initially saw Mr. Engel for evaluation at the Occupational Medicine Department of this facility on September 9, 1996.  At that time, he had been employed as a car-washer or United Parcel Service, Oakland, CA for 12 ½ years.  He indicated that he had been a member of the teamsters Union for nearly 30 years and a Union Shop Steward for approximately 20 years.
 
HISTORY OF PRESENT PSYCHOLOGICAL INJURY
 
Mr. Engel was seen for an initial evaluation by me on 9/9/96, after having been referred by Dr. Richman of the Kaiser Psychiatry Dept., who he had seen on an emergency basis the week prior.  At the time of our initial appointment, Mr. Engel presented with severe agitation, panic, tearfulness and depressed mood.  He reported symptoms of insomnia, appetite loss, and difficulties with memory, concentration, and withdrawal from other people.   Mr. Engel indicatedthat he had recently received a 2-day suspension, (which was originally a termination) for allegedly failing to report to work for two days.  (He was accused of abandoning his job although everyone he worked with, including his supervisor, knew he was going to be off work.)  Mr. Engel indicated that he had informed his supervisor that he would be off work for two days and thought his supervisor had agreed to this.
 
(1 of 7)^

 

 

Later, the supervisor claimed not to have heard the request, and according to Mr. Engel, in retrospect he understood how this might have occurred since his supervisor was not facing Mr. Engel at the time.  His supervisor had a phone to his ear at the time of the request and simply nodded his head in what appeared to be an acknowledgment.  Mr. Engel was quite shocked that his employer’s immediate response was to terminate him for what was apparently a miscommunication.  He became extremely upset, ruminating about the possibility that they would look for any excuse to get rid of him and/or threaten his pension despite positive job performance evaluations he had received.  It should be noted that his Department Manager, Mike Sousa, had previously threatened Mr. Engel with “war,” if he filed any grievances.  (Mr. Engel believes that this threat was a violation of the National Labor Relations Act.)  Mr. Engel’s union representative warned Mr. Sousa, that threats would not go unchallenged.  Mr. Engel’s subsequent discharge letter was issued shortly after the six-month statute of limitations had expired for filing under the National Labor Relations Act. 

 

Mr. Engel also indicated that, because of his long-time involvement as a Teamster Shop Steward, it was common knowledge that upper management didn’t particularly like him.  He stated that the history of this strained relationship became most evident in 1990 and centered around an incident in which approximately one-half dozen employees in his department were exposed to toxic chemical fumes while applying dressings to truck tires as part of their assignment.  Mr. Engel reported that they were using a new product called “ZEP 885” which the company had believed was safe, based on what was told to them by the manufacturer; however, after working with this chemical for a short time, these half-dozen employees began having difficulty breathing, developed skin rashes and became faint and fatigued.  Mr. Engel indicated that management on that shift displayed reluctance to provide first aid or to have these workers sent to a hospital, instead simply reciting the fact that they had been told the product was safe.  Workers were ordered to continue to apply the chemical and symptoms of overexposure were ignored for three days which culminated in the entire work crew eventually being taken to the hospital for first aid.

 

Mr. Engel reports that this incident was written up in Convoy Dispatch, a National Newspaper with a circulation of approximately 100,000, after Mr. Engel submitted documentation to the editor.  Nr. Engel indicates that he submitted additional documentation to his Union, the UPS National Safety Manager, the Chairman of the Board of UPS, and to CAL-OSHA.  Mr. Engel related that although these employees recovered after being symptomatic for several days, there was a lay-off shortly thereafter, he believes as retribution for reporting a serious work injury that was the direct result of poor management decisions.

 

(2 of 7)^

 

 

Mr. Engel indicates that he was told that CAL-OSHA issued numerous citations and imposed a fine of $40,000 against UPS for negligence.  Mr. Engel indicates that this incident resulted in new contract language:  Automotive Addendum No. 5 of the Northern California Supplemental Agreement now states;  “No employee shall be required to use any chemical, solutions or cleaning liquids until proper instructions are given.  Under no circumstances will an employee be required, or assigned, to engage in any activity involving dangerous conditions of work, or danger to person or property, or in violation of any applicable statute or court order, or in violation of a government regulation relating to safety of person or equipment.”

 

Shortly after this incident, Mr. Engel reports that he began to receive harassment by his supervisors/managers.  He stated that his job typically involved waiting for diesel tractors to return to the UPS Oakland Hub at which time he would then service the vehicles.  On cold or rainy evenings (he works swing shift) he would be permitted to wait in a package car rather than stand outside, while waiting for the trucks arrival.  During December of 1989, he was told by supervisor Adolph Sanchez that he could not sit in a package car while waiting.  (Mr. Sanchez was in involved in a subsequent 132a discrimination incident described below.)  Mr. Engel was basically told that he had to stand in the open, in the middle of the night during the winter, with nothing to do but wait for tractors to arrive.  This order pertained exclusively to Mr. Engel.  A discharge letter was issued on April 16, 1990 because Mr. Engel was observed sitting in a package car.  (10 days following the expiration of CAL-OSHA whistle blower protection.)

 

In a related incident, Mr. Engel indicated that a co-worker had given him a copy of the key to the service vehicle he was using.  It was common practice for employees to keep a “personal key” to the primary vehicle they use, and nearly everyone on his work crew had a copy.  Mr. Engel was instructed by management to turn the key in.  Mr. Engel stated that he did not know that having a key was a violation of company policy.  When management learned that he had a personal key, he was threatened with termination.  A co-worker stepped forward and acknowledged that management had authorized employees to duplicate keys.  The termination proceedings were dropped when Mr. Engel agreed to “go through channels.”  Mr. Engel believes that this meant that he was to stop writing letters to upper management without first notifying lower management.  Mr. Engel noted that the real issue was “letter writing”.  Mr. Engel indicated that he probably had offended the District Manager.

 

Mr. Engel indicates that for nearly ten years he stopped writing letters and sharply curtailed his union activities out of fear of retribution. 

 

(3 of 7)^

 

 

On December 20, 1996, Mr. Engel relates that he was escorted off UPS property while in his role as Shop Steward he was conducting an investigation relevant to a NAACP Racial Discrimination grievance.  The persons he was investigating escorted Mr. Engel off the Company property and confiscated his identification pass.  Supervisor Adolph Sanchez, who had been involved in the ZEP 885 incident, escorted Mr. Engel off UPS property.  The Teamsters Union and Mr. Engel filed a complaint with the National Labor Relations Board, and a 132a was filed with the WCAB.  After a year of correspondence, meetings and frustration, Mr. Engel won a unanimous decision of the grievance panel.  Mr. Engel returned to UPS as instructed by the grievance panel.  UPS management personnel that had been at the panel, met Mr. Engel at the front gate and told him that he was mistaken.   Mr. Engel was told that he had lost at the panel.  Mr. Engel left without entering UPS property.  Mr. Engel filed a second 132a with the WCAB.

 

PERSONAL HISTORY

 

Mr. Engel was born in Oakland, CA, where he lived until age 8.  He also lived in San Lorenzo and was bussed to school in Hayward, where he attended and graduated high school.  He moved with his parents to Walnut Creek, where he has for the past 20 years been living in the bottom part of their house.  He has been married once, but is now divorced from his wife of 19 years, Linda; however, their divorce was amicable and, in fact, they continue to live together.  There are no children from their marriage. 

 

Mr. Engel has one brother, 1½ years his junior.  His parents are both retired and are in their early 80’s.  Mr. Engel reports having a positive relationship with his parents.

 

Mr. Engel worked in, and managed the gardening sections of several department stores after graduating high school, then worked 16 years for Pacific Motor Trucking Company doing a variety of activities including janitorial, fleet maintenance, payroll, budget and drafting correspondence for the District Fleet Maintenance Manager.  He began working at United Parcel Service in 1985, his current job.  He has been a member of the Teamsters Union for nearly 30 years.

 

Mr. Engel denied having had any arrests, or use of drugs or alcohol beyond a rare social drink perhaps once or twice a month.  He also reports that he has not had any major illnesses, injuries, or hospitalizations.  He has no significant psychiatric history beyond 2 brief periods in which he saw a psychotherapist with the Naval Reserve, then again following the toxic exposure incident at his current job. 

 

(4 of 7)^


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Facebook Notes:

 

** Relationship is the Illusion @ https://www.facebook...151532630673053

The Role of the Contrary @ https://www.facebook...151543214823053

 

Interview by Jerry Katz, Editor @ http://www.nonduality.com/

 

** Charlie Engel (aka Shaman) Interviewed by Nonduality.com @ http://www.teamster....-nondualitycom/

 

Teamster.net Postings

 

** Teamster Worth Equals Community Service and Contribution @ http://www.teamster....d-contribution/

** UPS Oakland -- New Lawsuit Filed @ http://www.teamster....-lawsuit-filed/  (74,127 views as of 07-23-2013)

** Background on a $87 Million Settlement of Behalf of Labor @ http://www.teamster..../?hl=settlement   

** Joe Republican @ http://www.teamster....joe-republican/
 

ORGANIZING THE ORGANIZERS (Background on Stephanie Patiga and the failed efforts of the IBT Staff Organizers to secure a collective bargaining agreement)

 

** 71% Of I.B.T. organizers Stand United and Refuse to Sign Their Rights Away Regarding "at-will" Employee Status.http://www.teamster....mployee-status/

** "HOT OFF THE PRESSES!" Teamsters vs. Teamsters @ http://www.teamster....s-vs-teamsters/

** STEPHANIE PATIGA 2ND ORGANIZER TO GET FIRED IN THE LAST 2 MONTHS! @ http://www.teamster....-last-2-months/

**A MESSAGE FROM THE I.B.T. STAFF ORGANIZERS @ http://www.teamster....aff-organizers/

 

THE RANDY OLSON STORY

** The Randy Olson Story @ http://www.ebdir.net/olson/convoy.html

** Charlie Engel's Deposition in the Randy Olson Federal Lawsuit http://www.ebdir.net...n/frdepose.html

 

=======================================================

 

In 2001, I wrote a story about a special tree in the Shell Ridge Open Space.  I shared the story with a few friends.  One of the friends was Daya Cramer.  Daya taught  a college preparation course in creative writing at a local High School.  The first story was written by one of her students.  It is about a class field trip to my home in Walnut Creek.  In October of 2001, approximately fifteen students from Daya's class were introduced to the mystical realm.  I learned later that they were "not the same" for the rest of the school year.  I don't know if they have all recovered or if they want to.

Hiking Trip -- By Sarah Lauehttps://www.facebook...ue/500450033052

 

raven-barking-at-the-moon-wingsdomain-ar

 

2013-10-20


#15 11:58pm

11:58pm

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Posted March 04 2013 - 03:25 AM

This looks like an appropriate string to post a few documents in.  The brother asked how he could get an answer to a question.  This is as good a time as any to contemplate what goes into a letter as well as possible strategies to use.  One could spend countless hours exploring the possibilities.  Who would the letter be written to and who should be copied.  It is critical that a good letter writer be found, someone that you trust.  I'm not going to get into specific situations, regarding others, at this time.  I prefer to share resources, formats and strategies that I have collected.  My documentation illustrates techniques and possibilities.  My documentation is public domain, having been reviewed by the Alameda County District Attorney's Office as well as being submitted to the Workers' Compensation Appeals Board.  Several additional documents were reviewed by the Federal Bureau of Investigation.  
 
The following psychological report is one of five that were produced in my Workers' Compensation Case, including a Discrimination in Workers' Compensation (132a) case.  This information will be helpful to those of you that have not undergone such a test and are unfamiliar with the process.
 
My doctor at Kaiser informed me that my case was the thickest in their file.  After seeing me for several years he told me one day that he couldn't be of further assistance.  Dr. Heckman referred me to his medicine man, a wonderful shaman who friends and I visited over the course of a couple of years.  This medicine man was "the real thing".  That is another story.
 
The report tells a familiar and somewhat entertaining story, one that is accompanied by hundreds of pages of documents.  Union members, workers and corporate clones will recognize the situations and strategies.   
These documents will serve as an example of strategies and resources that can be used in similar cases.  It is my understanding that some rules may have been changed regarding laws and government entities that address the described situations.
 
Charlie Engel
Retired Shop Steward
Teamster Local 78
 
Kaiser Permanente Medical Center
200 Muir Road
Martinez, California 94553-469
(925) 372-1000
 
September 8, 1999
 
Liberty Mutual Insurance Company
Attn:  Lisa Nichols, Claims Department
P. O.  Box 98900
W. Sacramento, CA 95798-9000
 
Judge Charles E. Finster
Workers Compensation Appeals Board
175 Lennon Lane
Walnut Creek, CA 94598
 
Law Office of Frank Russo
1800 Harrison Street, 17th Floor
Oakland, CA 94612
 
COMPREHENSIVE/PERMANENT AND STATIONARY REPORT
 
Patient:  Charles Engel
WCAB#: WCK 39272
 
Mr. Charles Engel is a 51-year-old Caucasian male who resides at 71 Ball Road, Walnut Creek, CA 94596.  He has been employed as a car-washer for the past approximately 15 years.
 
I initially saw Mr. Engel for evaluation at the Occupational Medicine Department of this facility on September 9, 1996.  At that time, he had been employed as a car-washer or United Parcel Service, Oakland, CA for 12 ½ years.  He indicated that he had been a member of the teamsters Union for nearly 30 years and a Union Shop Steward for approximately 20 years.
 
HISTORY OF PRESENT PSYCHOLOGICAL INJURY
 
Mr. Engel was seen for an initial evaluation by me on 9/9/96, after having been referred by Dr. Richman of the Kaiser Psychiatry Dept., who he had seen on an emergency basis the week prior.  At the time of our initial appointment, Mr. Engel presented with severe agitation, panic, tearfulness and depressed mood.  He reported symptoms of insomnia, appetite loss, and difficulties with memory, concentration, and withdrawal from other people.   Mr. Engel indicatedthat he had recently received a 2-day suspension, (which was originally a termination) for allegedly failing to report to work for two days.  (He was accused of abandoning his job although everyone he worked with, including his supervisor, knew he was going to be off work.)  Mr. Engel indicated that he had informed his supervisor that he would be off work for two days and thought his supervisor had agreed to this.
 
(1 of 7)^
 
 
Later, the supervisor claimed not to have heard the request, and according to Mr. Engel, in retrospect he understood how this might have occurred since his supervisor was not facing Mr. Engel at the time.  His supervisor had a phone to his ear at the time of the request and simply nodded his head in what appeared to be an acknowledgment.  Mr. Engel was quite shocked that his employers immediate response was to terminate him for what was apparently a miscommunication.  He became extremely upset, ruminating about the possibility that they would look for any excuse to get rid of him and/or threaten his pension despite positive job performance evaluations he had received.  It should be noted that his Department Manager, Mike Sousa, had previously threatened Mr. Engel with war, if he filed any grievances.  (Mr. Engel believes that this threat was a violation of the National Labor Relations Act.)  Mr. Engels union representative warned Mr. Sousa, that threats would not go unchallenged.  Mr. Engels subsequent discharge letter was issued shortly after the six-month statute of limitations had expired for filing under the National Labor Relations Act. 
 
Mr. Engel also indicated that, because of his long-time involvement as a Teamster Shop Steward, it was common knowledge that upper management didnt particularly like him.  He stated that the history of this strained relationship became most evident in 1990 and centered around an incident in which approximately one-half dozen employees in his department were exposed to toxic chemical fumes while applying dressings to truck tires as part of their assignment.  Mr. Engel reported that they were using a new product called ZEP 885 which the company had believed was safe, based on what was told to them by the manufacturer; however, after working with this chemical for a short time, these half-dozen employees began having difficulty breathing, developed skin rashes and became faint and fatigued.  Mr. Engel indicated that management on that shift displayed reluctance to provide first aid or to have these workers sent to a hospital, instead simply reciting the fact that they had been told the product was safe.  Workers were ordered to continue to apply the chemical and symptoms of overexposure were ignored for three days which culminated in the entire work crew eventually being taken to the hospital for first aid.
 
Mr. Engel reports that this incident was written up in Convoy Dispatch, a National Newspaper with a circulation of approximately 100,000, after Mr. Engel submitted documentation to the editor.  Nr. Engel indicates that he submitted additional documentation to his Union, the UPS National Safety Manager, the Chairman of the Board of UPS, and to CAL-OSHA.  Mr. Engel related that although these employees recovered after being symptomatic for several days, there was a lay-off shortly thereafter, he believes as retribution for reporting a serious work injury that was the direct result of poor management decisions.
 
(2 of 7)^
 
 
Mr. Engel indicates that he was told that CAL-OSHA issued numerous citations and imposed a fine of $40,000 against UPS for negligence.  Mr. Engel indicates that this incident resulted in new contract language:  Automotive Addendum No. 5 of the Northern California Supplemental Agreement now states;  No employee shall be required to use any chemical, solutions or cleaning liquids until proper instructions are given.  Under no circumstances will an employee be required, or assigned, to engage in any activity involving dangerous conditions of work, or danger to person or property, or in violation of any applicable statute or court order, or in violation of a government regulation relating to safety of person or equipment.
 
Shortly after this incident, Mr. Engel reports that he began to receive harassment by his supervisors/managers.  He stated that his job typically involved waiting for diesel tractors to return to the UPS Oakland Hub at which time he would then service the vehicles.  On cold or rainy evenings (he works swing shift) he would be permitted to wait in a package car rather than stand outside, while waiting for the trucks arrival.  During December of 1989, he was told by supervisor Adolph Sanchez that he could not sit in a package car while waiting.  (Mr. Sanchez was in involved in a subsequent 132a discrimination incident described below.)  Mr. Engel was basically told that he had to stand in the open, in the middle of the night during the winter, with nothing to do but wait for tractors to arrive.  This order pertained exclusively to Mr. Engel.  A discharge letter was issued on April 16, 1990 because Mr. Engel was observed sitting in a package car.  (10 days following the expiration of CAL-OSHA whistle blower protection.)
 
In a related incident, Mr. Engel indicated that a co-worker had given him a copy of the key to the service vehicle he was using.  It was common practice for employees to keep a personal key to the primary vehicle they use, and nearly everyone on his work crew had a copy.  Mr. Engel was instructed by management to turn the key in.  Mr. Engel stated that he did not know that having a key was a violation of company policy.  When management learned that he had a personal key, he was threatened with termination.  A co-worker stepped forward and acknowledged that management had authorized employees to duplicate keys.  The termination proceedings were dropped when Mr. Engel agreed to go through channels.  Mr. Engel believes that this meant that he was to stop writing letters to upper management without first notifying lower management.  Mr. Engel noted that the real issue was letter writing.  Mr. Engel indicated that he probably had offended the District Manager.
 
Mr. Engel indicates that for nearly ten years he stopped writing letters and sharply curtailed his union activities out of fear of retribution. 
 
(3 of 7)^
 
 
On December 20, 1996, Mr. Engel relates that he was escorted off UPS property while in his role as Shop Steward he was conducting an investigation relevant to a NAACP Racial Discrimination grievance.  The persons he was investigating escorted Mr. Engel off the Company property and confiscated his identification pass.  Supervisor Adolph Sanchez, who had been involved in the ZEP 885 incident, escorted Mr. Engel off UPS property.  The Teamsters Union and Mr. Engel filed a complaint with the National Labor Relations Board, and a 132a was filed with the WCAB.  After a year of correspondence, meetings and frustration, Mr. Engel won a unanimous decision of the grievance panel.  Mr. Engel returned to UPS as instructed by the grievance panel.  UPS management personnel that had been at the panel, met Mr. Engel at the front gate and told him that he was mistaken.   Mr. Engel was told that he had lost at the panel.  Mr. Engel left without entering UPS property.  Mr. Engel filed a second 132a with the WCAB.
 
PERSONAL HISTORY
 
Mr. Engel was born in Oakland, CA, where he lived until age 8.  He also lived in San Lorenzo and was bussed to school in Hayward, where he attended and graduated high school.  He moved with his parents to Walnut Creek, where he has for the past 20 years been living in the bottom part of their house.  He has been married once, but is now divorced from his wife of 19 years, Linda; however, their divorce was amicable and, in fact, they continue to live together.  There are no children from their marriage. 
 
Mr. Engel has one brother, 1½ years his junior.  His parents are both retired and are in their early 80s.  Mr. Engel reports having a positive relationship with his parents.
 
Mr. Engel worked in, and managed the gardening sections of several department stores after graduating high school, then worked 16 years for Pacific Motor Trucking Company doing a variety of activities including janitorial, fleet maintenance, payroll, budget and drafting correspondence for the District Fleet Maintenance Manager.  He began working at United Parcel Service in 1985, his current job.  He has been a member of the Teamsters Union for nearly 30 years.
 
Mr. Engel denied having had any arrests, or use of drugs or alcohol beyond a rare social drink perhaps once or twice a month.  He also reports that he has not had any major illnesses, injuries, or hospitalizations.  He has no significant psychiatric history beyond 2 brief periods in which he saw a psychotherapist with the Naval Reserve, then again following the toxic exposure incident at his current job. 
 
(4 of 7)^


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#16 11:58pm

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Posted March 04 2013 - 03:26 AM

This looks like an appropriate string to post a few documents in.  The brother asked how he could get an answer to a question.  This is as good a time as any to contemplate what goes into a letter as well as possible strategies to use.  One could spend countless hours exploring the possibilities.  Who would the letter be written to and who should be copied.  It is critical that a good letter writer be found, someone that you trust.  I'm not going to get into specific situations, regarding others, at this time.  I prefer to share resources, formats and strategies that I have collected.  My documentation illustrates techniques and possibilities.  My documentation is public domain, having been reviewed by the Alameda County District Attorney's Office as well as being submitted to the Workers' Compensation Appeals Board.  Several additional documents were reviewed by the Federal Bureau of Investigation.  
 
The following psychological report is one of five that were produced in my Workers' Compensation Case, including a Discrimination in Workers' Compensation (132a) case.  This information will be helpful to those of you that have not undergone such a test and are unfamiliar with the process.
 
My doctor at Kaiser informed me that my case was the thickest in their file.  After seeing me for several years he told me one day that he couldn't be of further assistance.  Dr. Heckman referred me to his medicine man, a wonderful shaman who friends and I visited over the course of a couple of years.  This medicine man was "the real thing".  That is another story.
 
The report tells a familiar and somewhat entertaining story, one that is accompanied by hundreds of pages of documents.  Union members, workers and corporate clones will recognize the situations and strategies.   
These documents will serve as an example of strategies and resources that can be used in similar cases.  It is my understanding that some rules may have been changed regarding laws and government entities that address the described situations.
 
Charlie Engel
Retired Shop Steward
Teamster Local 78
 
Kaiser Permanente Medical Center
200 Muir Road
Martinez, California 94553-469
(925) 372-1000
 
September 8, 1999
 
Liberty Mutual Insurance Company
Attn:  Lisa Nichols, Claims Department
P. O.  Box 98900
W. Sacramento, CA 95798-9000
 
Judge Charles E. Finster
Workers Compensation Appeals Board
175 Lennon Lane
Walnut Creek, CA 94598
 
Law Office of Frank Russo
1800 Harrison Street, 17th Floor
Oakland, CA 94612
 
COMPREHENSIVE/PERMANENT AND STATIONARY REPORT
 
Patient:  Charles Engel
WCAB#: WCK 39272
 
Mr. Charles Engel is a 51-year-old Caucasian male who resides at 71 Ball Road, Walnut Creek, CA 94596.  He has been employed as a car-washer for the past approximately 15 years.
 
I initially saw Mr. Engel for evaluation at the Occupational Medicine Department of this facility on September 9, 1996.  At that time, he had been employed as a car-washer or United Parcel Service, Oakland, CA for 12 ½ years.  He indicated that he had been a member of the teamsters Union for nearly 30 years and a Union Shop Steward for approximately 20 years.
 
HISTORY OF PRESENT PSYCHOLOGICAL INJURY
 
Mr. Engel was seen for an initial evaluation by me on 9/9/96, after having been referred by Dr. Richman of the Kaiser Psychiatry Dept., who he had seen on an emergency basis the week prior.  At the time of our initial appointment, Mr. Engel presented with severe agitation, panic, tearfulness and depressed mood.  He reported symptoms of insomnia, appetite loss, and difficulties with memory, concentration, and withdrawal from other people.   Mr. Engel indicatedthat he had recently received a 2-day suspension, (which was originally a termination) for allegedly failing to report to work for two days.  (He was accused of abandoning his job although everyone he worked with, including his supervisor, knew he was going to be off work.)  Mr. Engel indicated that he had informed his supervisor that he would be off work for two days and thought his supervisor had agreed to this.
 
(1 of 7)^
 
 
Later, the supervisor claimed not to have heard the request, and according to Mr. Engel, in retrospect he understood how this might have occurred since his supervisor was not facing Mr. Engel at the time.  His supervisor had a phone to his ear at the time of the request and simply nodded his head in what appeared to be an acknowledgment.  Mr. Engel was quite shocked that his employers immediate response was to terminate him for what was apparently a miscommunication.  He became extremely upset, ruminating about the possibility that they would look for any excuse to get rid of him and/or threaten his pension despite positive job performance evaluations he had received.  It should be noted that his Department Manager, Mike Sousa, had previously threatened Mr. Engel with war, if he filed any grievances.  (Mr. Engel believes that this threat was a violation of the National Labor Relations Act.)  Mr. Engels union representative warned Mr. Sousa, that threats would not go unchallenged.  Mr. Engels subsequent discharge letter was issued shortly after the six-month statute of limitations had expired for filing under the National Labor Relations Act. 
 
Mr. Engel also indicated that, because of his long-time involvement as a Teamster Shop Steward, it was common knowledge that upper management didnt particularly like him.  He stated that the history of this strained relationship became most evident in 1990 and centered around an incident in which approximately one-half dozen employees in his department were exposed to toxic chemical fumes while applying dressings to truck tires as part of their assignment.  Mr. Engel reported that they were using a new product called ZEP 885 which the company had believed was safe, based on what was told to them by the manufacturer; however, after working with this chemical for a short time, these half-dozen employees began having difficulty breathing, developed skin rashes and became faint and fatigued.  Mr. Engel indicated that management on that shift displayed reluctance to provide first aid or to have these workers sent to a hospital, instead simply reciting the fact that they had been told the product was safe.  Workers were ordered to continue to apply the chemical and symptoms of overexposure were ignored for three days which culminated in the entire work crew eventually being taken to the hospital for first aid.
 
Mr. Engel reports that this incident was written up in Convoy Dispatch, a National Newspaper with a circulation of approximately 100,000, after Mr. Engel submitted documentation to the editor.  Nr. Engel indicates that he submitted additional documentation to his Union, the UPS National Safety Manager, the Chairman of the Board of UPS, and to CAL-OSHA.  Mr. Engel related that although these employees recovered after being symptomatic for several days, there was a lay-off shortly thereafter, he believes as retribution for reporting a serious work injury that was the direct result of poor management decisions.
 
(2 of 7)^
 
 
Mr. Engel indicates that he was told that CAL-OSHA issued numerous citations and imposed a fine of $40,000 against UPS for negligence.  Mr. Engel indicates that this incident resulted in new contract language:  Automotive Addendum No. 5 of the Northern California Supplemental Agreement now states;  No employee shall be required to use any chemical, solutions or cleaning liquids until proper instructions are given.  Under no circumstances will an employee be required, or assigned, to engage in any activity involving dangerous conditions of work, or danger to person or property, or in violation of any applicable statute or court order, or in violation of a government regulation relating to safety of person or equipment.
 
Shortly after this incident, Mr. Engel reports that he began to receive harassment by his supervisors/managers.  He stated that his job typically involved waiting for diesel tractors to return to the UPS Oakland Hub at which time he would then service the vehicles.  On cold or rainy evenings (he works swing shift) he would be permitted to wait in a package car rather than stand outside, while waiting for the trucks arrival.  During December of 1989, he was told by supervisor Adolph Sanchez that he could not sit in a package car while waiting.  (Mr. Sanchez was in involved in a subsequent 132a discrimination incident described below.)  Mr. Engel was basically told that he had to stand in the open, in the middle of the night during the winter, with nothing to do but wait for tractors to arrive.  This order pertained exclusively to Mr. Engel.  A discharge letter was issued on April 16, 1990 because Mr. Engel was observed sitting in a package car.  (10 days following the expiration of CAL-OSHA whistle blower protection.)
 
In a related incident, Mr. Engel indicated that a co-worker had given him a copy of the key to the service vehicle he was using.  It was common practice for employees to keep a personal key to the primary vehicle they use, and nearly everyone on his work crew had a copy.  Mr. Engel was instructed by management to turn the key in.  Mr. Engel stated that he did not know that having a key was a violation of company policy.  When management learned that he had a personal key, he was threatened with termination.  A co-worker stepped forward and acknowledged that management had authorized employees to duplicate keys.  The termination proceedings were dropped when Mr. Engel agreed to go through channels.  Mr. Engel believes that this meant that he was to stop writing letters to upper management without first notifying lower management.  Mr. Engel noted that the real issue was letter writing.  Mr. Engel indicated that he probably had offended the District Manager.
 
Mr. Engel indicates that for nearly ten years he stopped writing letters and sharply curtailed his union activities out of fear of retribution. 
 
(3 of 7)^
 
 
On December 20, 1996, Mr. Engel relates that he was escorted off UPS property while in his role as Shop Steward he was conducting an investigation relevant to a NAACP Racial Discrimination grievance.  The persons he was investigating escorted Mr. Engel off the Company property and confiscated his identification pass.  Supervisor Adolph Sanchez, who had been involved in the ZEP 885 incident, escorted Mr. Engel off UPS property.  The Teamsters Union and Mr. Engel filed a complaint with the National Labor Relations Board, and a 132a was filed with the WCAB.  After a year of correspondence, meetings and frustration, Mr. Engel won a unanimous decision of the grievance panel.  Mr. Engel returned to UPS as instructed by the grievance panel.  UPS management personnel that had been at the panel, met Mr. Engel at the front gate and told him that he was mistaken.   Mr. Engel was told that he had lost at the panel.  Mr. Engel left without entering UPS property.  Mr. Engel filed a second 132a with the WCAB.
 
PERSONAL HISTORY
 
Mr. Engel was born in Oakland, CA, where he lived until age 8.  He also lived in San Lorenzo and was bussed to school in Hayward, where he attended and graduated high school.  He moved with his parents to Walnut Creek, where he has for the past 20 years been living in the bottom part of their house.  He has been married once, but is now divorced from his wife of 19 years, Linda; however, their divorce was amicable and, in fact, they continue to live together.  There are no children from their marriage. 
 
Mr. Engel has one brother, 1½ years his junior.  His parents are both retired and are in their early 80s.  Mr. Engel reports having a positive relationship with his parents.
 
Mr. Engel worked in, and managed the gardening sections of several department stores after graduating high school, then worked 16 years for Pacific Motor Trucking Company doing a variety of activities including janitorial, fleet maintenance, payroll, budget and drafting correspondence for the District Fleet Maintenance Manager.  He began working at United Parcel Service in 1985, his current job.  He has been a member of the Teamsters Union for nearly 30 years.
 
Mr. Engel denied having had any arrests, or use of drugs or alcohol beyond a rare social drink perhaps once or twice a month.  He also reports that he has not had any major illnesses, injuries, or hospitalizations.  He has no significant psychiatric history beyond 2 brief periods in which he saw a psychotherapist with the Naval Reserve, then again following the toxic exposure incident at his current job. 
 
(4 of 7)^


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#17 Shaman

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Posted March 04 2013 - 08:47 AM

I'm so glad that you are enjoying this material.  I will post the final three pages of the psychological report later today.  I have four others but this is my favorite.  The copying of these reports is great practice for me.  My typing speed is increasing as well as my desire to share beneficial information.  This is the first time that I have shared this report on the Internet!  I haven't decided what to post next.  I may post an overview, in story form, along with additional documents.  I've just scratched the surface.  Thank you for inspiring me to share.  Hopefully others will follow my example.  Namaste

 


 


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Shaman's Favorites:

 

Facebook: 

 

** Charlie Engel (aka Shaman) on Facebookhttps://www.facebook.com/charlie.engel

 

Facebook Notes:

 

** Relationship is the Illusion @ https://www.facebook...151532630673053

The Role of the Contrary @ https://www.facebook...151543214823053

 

Interview by Jerry Katz, Editor @ http://www.nonduality.com/

 

** Charlie Engel (aka Shaman) Interviewed by Nonduality.com @ http://www.teamster....-nondualitycom/

 

Teamster.net Postings

 

** Teamster Worth Equals Community Service and Contribution @ http://www.teamster....d-contribution/

** UPS Oakland -- New Lawsuit Filed @ http://www.teamster....-lawsuit-filed/  (74,127 views as of 07-23-2013)

** Background on a $87 Million Settlement of Behalf of Labor @ http://www.teamster..../?hl=settlement   

** Joe Republican @ http://www.teamster....joe-republican/
 

ORGANIZING THE ORGANIZERS (Background on Stephanie Patiga and the failed efforts of the IBT Staff Organizers to secure a collective bargaining agreement)

 

** 71% Of I.B.T. organizers Stand United and Refuse to Sign Their Rights Away Regarding "at-will" Employee Status.http://www.teamster....mployee-status/

** "HOT OFF THE PRESSES!" Teamsters vs. Teamsters @ http://www.teamster....s-vs-teamsters/

** STEPHANIE PATIGA 2ND ORGANIZER TO GET FIRED IN THE LAST 2 MONTHS! @ http://www.teamster....-last-2-months/

**A MESSAGE FROM THE I.B.T. STAFF ORGANIZERS @ http://www.teamster....aff-organizers/

 

THE RANDY OLSON STORY

** The Randy Olson Story @ http://www.ebdir.net/olson/convoy.html

** Charlie Engel's Deposition in the Randy Olson Federal Lawsuit http://www.ebdir.net...n/frdepose.html

 

=======================================================

 

In 2001, I wrote a story about a special tree in the Shell Ridge Open Space.  I shared the story with a few friends.  One of the friends was Daya Cramer.  Daya taught  a college preparation course in creative writing at a local High School.  The first story was written by one of her students.  It is about a class field trip to my home in Walnut Creek.  In October of 2001, approximately fifteen students from Daya's class were introduced to the mystical realm.  I learned later that they were "not the same" for the rest of the school year.  I don't know if they have all recovered or if they want to.

Hiking Trip -- By Sarah Lauehttps://www.facebook...ue/500450033052

 

raven-barking-at-the-moon-wingsdomain-ar

 

2013-10-20


#18 Farley

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Posted March 04 2013 - 03:19 PM

so...shaman...you want to post self serving BS....and ignore the fact that you know NOTHING about arbitration law and procedure......after all...it is all about you....eh shaman?


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#19 Shaman

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Posted March 04 2013 - 04:38 PM

so...shaman...you want to post self serving BS....and ignore the fact that you know NOTHING about arbitration law and procedure......after all...it is all about you....eh shaman?

What do you think of Ron Carey?


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Shaman's Favorites:

 

Facebook: 

 

** Charlie Engel (aka Shaman) on Facebookhttps://www.facebook.com/charlie.engel

 

Facebook Notes:

 

** Relationship is the Illusion @ https://www.facebook...151532630673053

The Role of the Contrary @ https://www.facebook...151543214823053

 

Interview by Jerry Katz, Editor @ http://www.nonduality.com/

 

** Charlie Engel (aka Shaman) Interviewed by Nonduality.com @ http://www.teamster....-nondualitycom/

 

Teamster.net Postings

 

** Teamster Worth Equals Community Service and Contribution @ http://www.teamster....d-contribution/

** UPS Oakland -- New Lawsuit Filed @ http://www.teamster....-lawsuit-filed/  (74,127 views as of 07-23-2013)

** Background on a $87 Million Settlement of Behalf of Labor @ http://www.teamster..../?hl=settlement   

** Joe Republican @ http://www.teamster....joe-republican/
 

ORGANIZING THE ORGANIZERS (Background on Stephanie Patiga and the failed efforts of the IBT Staff Organizers to secure a collective bargaining agreement)

 

** 71% Of I.B.T. organizers Stand United and Refuse to Sign Their Rights Away Regarding "at-will" Employee Status.http://www.teamster....mployee-status/

** "HOT OFF THE PRESSES!" Teamsters vs. Teamsters @ http://www.teamster....s-vs-teamsters/

** STEPHANIE PATIGA 2ND ORGANIZER TO GET FIRED IN THE LAST 2 MONTHS! @ http://www.teamster....-last-2-months/

**A MESSAGE FROM THE I.B.T. STAFF ORGANIZERS @ http://www.teamster....aff-organizers/

 

THE RANDY OLSON STORY

** The Randy Olson Story @ http://www.ebdir.net/olson/convoy.html

** Charlie Engel's Deposition in the Randy Olson Federal Lawsuit http://www.ebdir.net...n/frdepose.html

 

=======================================================

 

In 2001, I wrote a story about a special tree in the Shell Ridge Open Space.  I shared the story with a few friends.  One of the friends was Daya Cramer.  Daya taught  a college preparation course in creative writing at a local High School.  The first story was written by one of her students.  It is about a class field trip to my home in Walnut Creek.  In October of 2001, approximately fifteen students from Daya's class were introduced to the mystical realm.  I learned later that they were "not the same" for the rest of the school year.  I don't know if they have all recovered or if they want to.

Hiking Trip -- By Sarah Lauehttps://www.facebook...ue/500450033052

 

raven-barking-at-the-moon-wingsdomain-ar

 

2013-10-20


#20 Farley

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Posted March 04 2013 - 05:29 PM

shaman...you know what I think of Ron Carey.......that was a stupid question.....what are you fishing for?.......by the way.....before you offer any member advice concerning arbitration you might want to educate yourself about the applicable Labor Agreement and NLRA legal procedure before you cost yet another member their job.....eh shaman?.....or does that conflict with the anti-Union toodleoo philosophy>


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