NLRB Regions 20 and 32 Win Injunction Requiring UPS Supply Chain Solutions to Rehire Unlawfully Fired Worker

On January 3, 2024, Chief United States District Judge Kimberly J. Mueller of the Eastern District of California issued an injunction requiring UPS Supply Chain Solutions, Inc. to reinstate an unlawfully fired worker, cease threatening employees with possible loss of work because they engaged in Union activities, expunge the employees’ records, read and post/electronically distribute the Court’s Order to employees, and cease and desist from unlawful activities. The Court’s Order provides this relief pending a final decision by the National Labor Relations Board on the underlying administrative complaint.

The injunction was issued based on a petition for temporary injunctive relief filed by Region 20-San Francisco Regional Director Jill H. Coffman in October 2023. Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek injunctions against employers and unions in federal district courts to stop unfair labor practices and ensure that employees' rights will be adequately protected from remedial failure due to the passage of time.

The Region’s petition explained that UPS Supply Chain Solutions illegally suspended and then fired the lead union organizer because of his union organizing activity on behalf of Teamsters Local 439 and threatened employees with potentially losing work if the employees organized a union.

In her decision, Judge Mueller noted that reinstating the unlawfully fired employee, who was an active and open union supporter, would “help reconnect the union with the UPS employees and would confirm that UPS cannot retaliate against workers for exercising their rights under the National Labor Relations Act while the NLRB finalizes its decision.” This case was filed and investigated by Region 32 and subsequently transferred to Region 20 for the unfair labor practice and Section 10(j) litigation.

“I’m extremely proud of our Regional employees for their hard work on this case pursuing justice for these UPS employees,” said Region 20-San Francisco Regional Director Jill H. Coffman. “The dedication of the staff in Regions 20 and 32 and the excellent cross-regional teamwork exemplifies the NLRB’s commitment to pursuing injunctive relief to ensure that workers can freely exercise their rights.”

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year. Region 32 serves areas in California and Nevada from its Regional Office in Oakland.