A Redwood man fired by United Parcel Service Inc. for complaining about the unsafe conditions of the company's delivery fleet has received $254,000 from the package deliverer as compensation for his dismissal.
Daniel B. Peterson, a former mechanic at UPS's Watertown facility, filed a state Supreme Court lawsuit in February 2007 after claiming he was fired in 2006 for complaining about the vehicles' conditions and for taking defective trucks out of service against management's orders.
The Times reported last week that the suit was settled, although Mr. Peterson's attorney said terms of the civil settlement are confidential.
However, Mr. Peterson also filed a complaint with the U.S. Department of Labor's Occupational Safety and Health Administration, which found that the company violated federal whistle-blower laws by firing him.
According to a prepared statement issued Wednesday by OSHA, UPS elected to settle its case with OSHA after being informed Dec. 20 of the agency's preliminary finding that Mr. Peterson's complaints had merit. UPS neither admitted nor denied wrongdoing.
Mr. Peterson's complaint with OSHA alleged violations of whistle-blower provisions contained in the Surface Transportation Assistance Act and Occupational Safety and Health Act. The acts prevent employers from retaliating against any employee who alleges unsafe working conditions.
"Employees are entitled to raise legitimate workplace safety and health concerns without fear of termination or retaliation," Louis Ricca Jr., OSHA's acting regional administrator, said in a prepared statement.
He said the settlement with UPS "goes beyond one employee in one location," ensuring the company's employees across the state are aware of their rights to raise safety concerns.
In addition to paying Mr. Peterson $254,000, the company has agreed to post whistle-blower "fact sheets" in all of its facilities in the state and agreed that it will not interfere with, coerce or restrain employees from exercising their rights contained in the STA and OSH acts.
The terms of OSHA's settlement with UPS do not necessarily mirror or have any relation to terms of the settlement agreement Mr. Peterson reached with UPS in his Supreme Court lawsuit. OSHA spokesman Ted Fitzgerald, while not commenting specifically on Mr. Peterson's case, said the agency's agreement with UPS was an "administrative settlement, as opposed to a lawsuit" settlement.
It could not be determined Wednesday what role the OSHA settlement played in settling Mr. Peterson's lawsuit against UPS. Neither Mr. Peterson nor his attorney, Steven Bennett Blau, New York City, could be reached for comment.
Mr. Peterson's complaints also prompted the state attorney general's office to open an investigation into UPS. A spokesman for that office said last week that investigation remains pending.
