United Parcel Service, Inc.

369 N.L.R.B. No. 1 (2019)

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United Parcel Service, Inc.

National Labor Relations Board
369 N.L.R.B. No. 1 (2019)

Facts

Atkinson (plaintiff), was a driver for United Parcel Service, Inc. (UPS) (defendant) and a shop steward for the International Brotherhood of Teamsters Local 538 (the union). UPS fired him for violating its package-delivery procedures shortly after he had engaged in union activities. Atkinson filed two grievances alleging that UPS had fired him in violation of his union contract. Both grievances also referenced claims that UPS had also violated § 8(a)(3) of the National Labor Relations Act (the act). A joint grievance panel held a hearing. After considering evidence, including Atkins’s testimony, the panel denied Atkinson’s grievance. Atkinson had also filed charges with the National Labor Relations Board (the board), alleging that his firing had violated the act. An administrative-law judge reviewed the panel’s decision, declined to defer to it, and found that Atkinson’s discharge had violated the act. The board reviewed the administrative-law judge’s decision.

Rule of Law

Issue

Holding and Reasoning (Ring, Kaplan, Emanuel, J.J.)

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