Legal Opinion

Dorsey v. UNITED PARCEL SERVICE CO.

District Court, W.D. Kentucky

Decided September 30, 1998No. 3:96-cv-00256Published

1Opinion of the Court

MEMORANDUM OPINION

HEYBURN, District Judge.

Is Plaintiff Frank Dorsey a manager or an employee? The answer to that question decides this case. Dorsey attempted to unionize a group of workers at Defendant United Parcel Service Co. (“UPS”) and the company appears to have fired him because of his activism. If Dorsey is an employee, then UPS violated his rights, under the Railway Labor Act (“RLA”), to organize and bargain collectively. See 45 U.S.C. § 152, Fourth. On the other hand, if Dorsey is a manager, then the RLA provided him with no protection.

The Magistrate Judge found the case unsuitable…

2Cases cited5 opinions

Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
Air Line Pilots Association, International v. Texas International Airlines, Inc., New York Air Lines, Inc., and Texas Air Corp.Court of Appeals for the Second Circuit · 1981
Mark B. Lebow v. American Trans Air, Inc.Court of Appeals for the Seventh Circuit · 1996
Podlesnick v. Airborne Express, Inc.District Court, S.D. Ohio · 1982
Marine Officers Ass'n Local Union No. 54 v. Ohio River Sand Co.Court of Appeals of Kentucky · 1971