WV Driver Wins More Than $100,000 in Back Pay, Benefits

WV Driver Wins More Than $100,000 in Back Pay, Benefits

UPS Failed to Provide Alternative Work

December 17, 2003

The Teamsters National Grievance Committee took on UPS over a longstanding dispute concerning medically unqualified drivers, and a package-car driver from West Virginia has won more than $100,000 in back pay and benefits.

An arbitrator ruled that UPS failed to provide the member with alternative work when he was declared medically unqualified to drive. Loa Boggs, a member of Local 505 in Huntington, West Virginia, was notified by management in September 2000 that he had failed the biennial Department of Transportation (DOT) physical. It turned out that Boggs, a full-time driver since 1979, had a blind spot due to a lifelong vision impairment known as “lazy eye.”

Boggs was taken out of service and not permitted to return to work until January 2002.

Teamsters Challenge

Local 505 filed a grievance in the case, and the National Committee pressed it to arbitration. The union argued that Boggs’ impairment may be permanent, but that his status as a disqualified driver was not. Boggs, like many other drivers, could obtain an exemption or waiver from the DOT, thereby “re-qualifying” him and allowing him to continue his driving career.

The union argued that Boggs should have been allowed to perform inside jobs under Article 20, Section 4 of the master contract. The union argued that there is nothing in the contract provision suggesting that UPS has the right to make a judgment call as to whether the driver will eventually be able to return. Nor, the union added, is there any limitation on the company’s obligation to find Boggs inside work while Boggs filed for an exemption from the DOT.

The arbitrator, in a November 29, 2003 decision, agreed with Boggs and the union. The arbitrator ordered UPS to pay Boggs for 16 months’ worth of back pay and benefits.

“The company argued that they weren’t required to find Loa inside work, that his impairment was permanent,” said Ken Hall, Director of the Teamsters Parcel and Small Package Division. “However, the company doesn’t have a right to make that determination. They are trying to pick and choose what workers are eligible for alternative work. This is a huge case, because it can affect countless others who become medically unqualified to drive. I’m pleased that the arbitrator agreed with us.”

Boggs will receive an estimated $110,000 from UPS.