COVID-19: Teamsters Local 2727 Alleges UPS Has Failed to Address ‘Serious, Chronic Sanitary Concerns’ at Louisville Facilities

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The International Brotherhood of Teamsters, Local 2727, alleges UPS has done nothing to address “serious, chronic sanitary concerns” at its Louisville, Kentucky facilities amid the coronavirus pandemic, creating for flight crew workers an environment in which they face a heightened risk of contracting COVID-19. 

The 30-page lawsuit alleges that although the union has “assiduously” alerted defendant United Parcel Service Co. (Air) safety officials to the unsanitary conditions at the Louisville Gateway facility, it is now “forced to seek court intervention” given the package delivery giant has fallen short of adhering to even basic sanitation requirements. 

“The Union seeks injunctive relief herein to prevent the potential loss of life or serious injury of its members—and indeed, the public at large—because of the Company’s intentional disregard for their well-being,” the complaint says. 

The relief sought through the lawsuit includes a permanent injunction for UPS to establish a cleaning schedule and guidance in line with the union’s wishes, including for all frequently touched surfaces and vehicles to be routinely cleaned at facilities staffed by Local 2727 members. Additionally, the case looks for the court to order UPS to provide and/or post confirmation that facilities and restrooms are being maintained in accordance with a cleaning schedule, establish a deep-cleaning protocol acceptable to union safety personnel for employees who test positive for COVID-19 and immediately notify the Teamsters of the location at which employees have tested positive for COVID-19. 

The suit, filed by a Teamsters representative, relays that the union represents aviation maintenance technicians, aircraft maintenance inspectors, aircraft maintenance utility, aircraft maintenance controllers, lead service technicians, flight simulator technicians and aircraft maintenance technical publication personnel. The dispute at issue in the lawsuit arises from what the union calls “the Company’s total disregard for the safety of its employees by habitually failing to keep its Louisville, Kentucky facilities in safe, sanitary and healthful conditions.” 

Less than a week after former U.S. Department of Health and Human Services Secretary Alex M. Azar declared a public health emergency for COVID-19 in January 2020, the Federal Aviation Administration (FAA), in conjunction with the Centers for Disease Control and Prevention (CDC), echoed the situation by issuing interim health guidance for air carriers and crew members, the lawsuit says. Specifically, the FAA highlighted protocols for air carriers and flight crew members who have “recently conducted, or are conducting, flight operations associated with China—such as UPS,” the complaint states. 

Among the protocols, flight crews were to be provided with access to minimum 60-percent alcohol-based hand sanitizer and those with COVID-19 symptoms were required to not work subsequent flight segments until they were cleared by occupational health and public health officials, according to the case. Importantly, the Occupational Safety and Health Administration has acknowledged the potentially elevated risk of COVID-19 exposure for workers involved in airline operations like those of UPS, the suit says, and the CDC and Kentucky issued interim guidance for businesses and employers in general on how to maintain cleaning and sanitation. 

The reality of the situation at UPS’s Louisville facilities does not reflect the general workplace best practices that have become standard amid the coronavirus pandemic, according to the lawsuit. 

“Unsanitary conditions abound” at UPS’s Louisville Gateway facility and have been evidenced by “[s]erial complaints filed by the Teamsters union, the lawsuit claims. Per the complaint, UPS has failed to maintain clean restrooms, which are without paper towels, soap, wipes and hand sanitizer. Further, food preparation areas, water fountains, ice machines, coolers and soap dispensers at the facility are “dirty and unsanitary,” and walls are “dirty and covered with waste particles,” the suit claims. 

The plaintiff says “enhanced, deep cleaning is not being done in facilities and vehicles after reports of COVID-19 contamination,” and UPS, despite the union’s proactive suggestions, has “failed to address the ubiquitous sanitary deficiencies that have been running the gamut of its facilities.”

Although UPS has not commented on the litigation, Law360 reports that a spokesperson said the health and safety of its employees is extremely important to the company. 

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