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mandatory mediation

03/03/2009 at 09:30 am in department 307 at 600 South Commonwealth Ave., Los Angeles, CA 90005
Mandatory Settlement Conference (*ALL DAY*)

03/04/2009 at 09:30 am in department 307 at 600 South Commonwealth Ave., Los Angeles, CA 90005
Mandatory Settlement Conference (*ALL DAY*)

03/05/2009 at 09:30 am in department 307 at 600 South Commonwealth Ave., Los Angeles, CA 90005
Mandatory Settlement Conference (*ALL DAY*)

UPS is required by the Judge to have a decision maker at conference, not some lap dog that they have sent to previous settlement talks. This will be run by the trial judge, so no silly business UPS!

UNION EMPLOYEES

Yes, good & bad, don't know. Most of the real litigation will start after the first loss anyway,so,who knows.

Question for confused...

Do you know if any of those 12 union employees you mentioned are A- Still in business ? B-How is the store doing ? C-Are they part of any of the ongoing litigation against UPS?

confused?

Union employees of UPs have been encouraged to own these store. I know of 12 that are owned by union employees.

re: your confused

"your confused" Your confused what??

Your = possessive
You're = You are

your confused

YOUR passion is well noted but certain things you express are incorrect. First what ever makes you think that UPS will ever have to take over this franchise. You will have a better chance at the national deficeit being paid off in one day. The people they settle with will have an option to do whatever they want and the rest are still up the creek. A union employee of UPS will never work or operate one of these franchises ever. The area franchisees may be forced or by their own choice decide if they want to take over any specific locations and that is all that may happen. Before that happens UPS will let whomever wants to do what they want as either an independant or a UPS STORE franchise under their continued abusive and one sided agreement. UPS wil never own one of these abortions just from the simple knowledege of what they have done to this network. One other comment confuses me is that i think you think that anyone that wants out will be paid off. That is wrong only the ones that will win in court or in settlemnet and thats it.

Logistics

If they settle in 2008, the suits are on Eskew's books; if they settle in 2009, they are on Davis's.

UPS would be happy if this was all one action???

UPS is wholly responsible for the problem and issues.
UPS started out under the theory that they could destroy the individuals and are now learning the hard way that thier money is poorly spent, thier liability limitless. What happens after the first jury trial awards damages and everyone in the system has an open shot at them???
UPS does not want to solve this mess because they do not want the new union employees or the money losing or breakeven locations.
Let them pay everybody to leave that wants to and let them recover something from the abuse of UPS. Working for free and losing everything is not good. UPS led many into their trap. Now they reap what they have sown.
If you want to see just how despicable UPS treats the store system, review the AT&T promotion that says 3 times in the ad " do not go to a UPS Store because you cannot get a discount on shipping". Nowhere in the franchise agreement does it say that UPS will be destroying the value of the store network in its advertising rights.
UPS has no industrial engineers that understand the mess they have caused. They could start the settlement process today if they knew how and wanted to. Its time they reap what they have sown.

correct comment, wrong conclusion

UPS would be the happiest corporation in town if this were a class action and could fight this travesty once and with all included. The class action (only converted stores that did not sell off) that is formed will be minimal since a large number of them (at least the ones that are fighting back)are already in the fight and can only do it once. It has been estimated that ups has spent in the area of 50 million on these indivdual litigations with another 20 million on the way. At this point all the bean counters did not add correctly since if ups settled at the appropiate times this would be over for them amd they would have saved 20 million instead of spending 70 million to fight it and now having to pay put on top of this whole situation.

Perseverence....according to Tony Desio (founder of MBE)

is the single most important characteristic of successful people.
He made this statement in a video interview prior to a Mail Boxes Etc. convention many years ago. It appears that the franchisees have done just that...PERSEVERED. And now they'll get to tell their stories to a jury of their peers. It's time for law and justice to come together.

UPS Wants War, Not Peace

Those who run UPS and the stooges who speak for them think the rules are for the great unwashed but not for the upper crust. That's why UPS won't work to settle, that's why Dunkin' Donuts uses it heavy handed tactics to destroy its franchisees and why Quiznos bankrupted hundreds of its own franchisees over the past year to make its earnings targets. Only the court system and a class action can level the playing field and give franchisees a fighting chance.

Paul Steinberg's picture

Smoke peace pipe in Cali

Hallabrin said: We also maintain our position that nothing we did in anyway violates the terms of the franchise agreement or franchise law

This is a big part of the problem. Either this is a fixable system or not. If not, the zor and zee need to part ways.

If this is a fixable system, court is not the place to fix it.

Regardless of whether UPS violated the law or breached the contract, the constant focus on fighting the franchisees is counterproductive for both parties.

Under the circumstances, the zor should be extending an olive branch--at least privately.

I hope that UPS' true position is more cooperative than the adversarial public position expressed by the company.

Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400

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