UPS Seeks Dismissal of Union’s COVID-19 Protocol Lawsuit, Says Claims Preempted

LOUISVILLE, Ky. — United Parcel Service Co. (Air) seeks dismissal of a union’s lawsuit accusing it of refusing to address “serious, chronic sanitary concerns” at its Louisville, Ky., facility, arguing that the allegations are the subject of an ongoing administrative proceeding and regulatory efforts to combat COVID-19.

In a March 8 motion to dismiss filed in the U.S. District Court for the Western District of Kentucky, UPS further argues that the issues are within the Kentucky Division of Occupational Safety & Health Compliance’s jurisdiction and should be dismissed under the primary jurisdiction doctrine.

In the proposed class action complaint, the …