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Fleming v. United Parcel Service

January 9, 2006

REGINALD FLEMING, WILLFREDO VASQUEZ, PETER D. CARTER, DARRYL D. MACARTHUR, EDWARD BANEVICIUS, THOMAS BALLUFF, JOHN BAPTISTE, LARRY BORTKO, DALE CHOBAK, THOMAS PSIHOGIOS, AND RICKY WHITE, PLAINTIFFS,
v.
UNITED PARCEL SERVICE AND INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 705, DEFENDANTS.



The opinion of the court was delivered by: Matthew F. Kennelly, District Judge

MEMORANDUM OPINION AND ORDER

The plaintiffs in this case are "feeder drivers"*fn1 for United Parcel Service and members of Local 705 of the International Brotherhood of Teamsters Union. In 2002, the plaintiffs were temporarily laid off from their home domicile facilities in UPS's Metro Chicago district, and they transferred to facilities in the North Illinois and Chicago Area Consolidation Hub districts, where they "bumped" other workers with less seniority.

The plaintiffs' claims are based on their treatment during and after these temporary layoffs. They have sued UPS for breaching its collective bargaining agreement with Local 705 under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, and have also sued Local 705 for breaching its duty to fairly represent them under section 9 of the National Labor Relations Act, 29 U.S.C. § 159. In addition, plaintiffs Fleming, Carter, and Vasquez have asserted claims of race discrimination against UPS under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5. Defendants have moved for summary judgment on all of these claims. For the reasons outlined below, the Court grants the defendants' motions.

Facts

Defendant UPS ships packages throughout the world. In the Chicago metropolitan area, UPS has three districts collectively known as the Tri-District -- Metro Chicago, North Illinois, and the Chicago Area Consolidated Hub (CACH). Metro Chicago has three facilities (Jefferson Street, Northbrook, and Franklin Park); North Illinois has two facilities (Addison and Palatine); and CACH, the largest UPS facility in the country, is its own district. Defendant Local 705 is a labor union local that represents over 12,500 UPS employees within UPS's Tri-District. Landem Decl. ¶¶ 4-10. UPS and Local 705 negotiate and enter into collective bargaining agreements that govern the employment relationship between UPS and its employees, and both are involved with various aspects of interpreting and administering the agreements.

During 2002, plaintiffs, who are feeder drivers domiciled*fn2 at UPS facilities in Metro Chicago, were laid off from their positions in that district due to a shortage in work. Specifically, these plaintiffs are:

* Thomas Balluff, a Caucasian man assigned to UPS's Northbrook facility who was laid off in February 2002. Def. 56.1 Stmt. ¶¶ 8, 43, 68.

* Edward Banevicius, a Caucasian man assigned to UPS's Northbrook facility who was laid off in February 2002. Def. 56.1 Stmt. ¶¶ 7, 42, 68.

* John Baptiste, a Caucasian man assigned to UPS's Northbrook facility who was laid off in February 2002. Def. 56.1 Stmt. ¶¶ 9, 44, 68.

* Larry Bortko, a Caucasian man assigned to UPS's Northbrook facility who was laid off in May 2002. Def. 56.1 Stmt. ¶¶ 10, 45, 70.

* Peter Carter, an African-American man assigned to UPS's Northbrook facility who was laid off in January 2002. Def. 56.1 Stmt. ¶¶ 5, 39, 69.

* Dale Chobak, a Caucasian man assigned to UPS's Franklin Park facility who was laid off in May 2002. Def. 56.1 Stmt. ¶¶ 11, 46, 70.

* Reginald Fleming, an African-American man assigned to UPS's Northbrook facility who was laid off in February 2002. Def. 56.1 Stmt. ¶¶ 3, 38, 68.

* Darryl MacArthur, an African-American man assigned to UPS's Northbrook facility who is unsure when he was laid off. Def. 56.1 Stmt. ¶¶ 6, 41, 69.

* Thomas Psighogis, a Caucasian man assigned to UPS's Northbrook facility who was laid off in November 2002. Def. 56.1 Stmt. ¶¶ 12, 47, 69.

* Willfredo Vasquez, a Hispanic man assigned to UPS's Jefferson Street facility who was laid off in February 2002. Def. ...


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