In Transit - March/April 2009 by Amalgamated Transit Union

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march/april

Official Journal of the Amalgamated Transit Union AFL-CIO/CLC

OUR NUMBER ONE PRIORITY INSIDE THIS ISSUE: Ottawa Local 279 Fights for Right to Pick Runs in 53-Day Strike Canadian Agenda Harper Saves Tory Government with Stimulus Budget Obama to Harper: Add Enforceable Labour Provisions to NAFTA

AMALGAMATED TRANSIT UNION

2009 LEGISLATIVE ISSUE

AMALGAMATED TRANSIT UNION INTERNATIONAL OFFICERS WARREN S. GEORGE International President

MICHAEL J. SIANO

International Executive Vice President

OSCAR OWENS

International Secretary-Treasurer

International Vice Presidents JOSEPH WELCH Syracuse, NY

RODNEY RICHMOND

New Orleans, LA – rrichmond@atu.org

DONALD T. HANSEN

Tenino, WA – dhansen@atu.org

ROBERT H. BAKER

Washington, DC – bb@atu.org

LARRY R. KINNEAR

Ashburn, ON – lkinnear@atu.org

RANDY GRAHAM

MESSAGE DU PRÉSIDENT INTERNATIONAL PAR WARREN S. GEORGE NOTRE PRIORITÉ ‘NUMÉRO UN’ Dans ce In Transit vous trouverez un synopsis de la Conférence de l’ATU sur la Législation, qui s’est tenue à Washington pour les sections syndicales des Etats Unis. Nous l’avons appelé “synopsis” car c’est impossible de relater tout ce qui s’est passé et encore moins tout le travail que fait l’ATU sur la législation. Nos départements en charge des questions politiques et législatives et les militants des sections syndicales commencent à travailler plusieurs mois et parfois plusieurs années avant que l’on puisse noter des progrès. Le processus pour faire passer des lois et des règlements peut être lent et frustrant. Un exemple illustratif Un exemple illustratif : A la fin des années 90, une vague de violence insensée a débuté à l’encontre des employés des transports en commun. Aux Etats Unis, l’ATU a lancé une campagne pour que toute attaque contre un employé des transports en commun soit considérée comme un acte criminel. Nous avons travaillé très dur sur ce sujet bien que la proposition de loi ne semblait aller nul part. Puis, tout d’un coup, à la suite du 11 septembre, le projet de loi fut approuvé. C’est cependant triste qu’un événement aussi tragique que le 11 septembre ait dû avoir lieu pour convaincre le Congrès de la nécessité de protéger les employés des transports en commun. Mais, la conclusion est que nous étions prêts pour présenter cette loi car nous avions passé plusieurs années à préparer le terrain. Le Conseil du Canada travaille, à l’heure actuelle, pour faire passer un projet de loi similaire et nous avons bon espoir que cette loi sera également approuvée là-bas.

Gloucester, ON – rgraham@atu.org

JAVIER M. PEREZ, JR.

Kansas City, MO – jperez@atu.org

Une nouvelle crise

BOB M. HYKAWAY

Maintenant, nous sommes confrontés à une nouvelle et différente sorte de crise. Je parle de la récession massive qui attaque de front le financement dont nos systèmes de transport ont besoin pour continuer de fonctionner. Au moins 50 réseaux de l’ATU doivent faire face à des réductions de service et à des augmentations de tarifs dans les transports. On a déjà commencé à licencier nos membres dans plusieurs villes.

CHARLES COOK

Le problème ne serait pas aussi critique si le Congrès autorisait nos plus grands systèmes de transport à utiliser des fonds fédéraux pour les dépenses de fonctionnement tels que les coûts de gestion et les salaires. L’ATU a beaucoup travaillé pour persuader le

RICHARD M. MURPHY Braintree, MA

Calgary, AB – bhykaway@atu.org Petaluma, CA – ccook@atu.org

WILLIAM G. McLEAN

Reno, NV – wmclean@atu.org

Suite page 19

RONALD J. HEINTZMAN

UN MENSAJE DEL PRESIDENTE INTERNACIONAL POR WARREN S. GEORGE

JANIS M. BORCHARDT

NUESTRA PRIORIDAD ‘NÚMERO UNO’

Mt. Angel, OR – rheintzman@atu.org Madison, WI – jborchardt@atu.org

PAUL BOWEN

Canton, MI – pbowen@atu.org

LAWRENCE J. HANLEY

Staten Island, NY – lhanley@atu.org

KENNETH R. KIRK

Lancaster, TX – kkirk@atu.org

GARY RAUEN

Clayton, NC – grauen@atu.org

MARCELLUS BARNES

Flossmore, IL – mbarnes@atu.org

International Representatives RAY RIVERA Lilburn, GA– rrivera@atu.org

YVETTE SALAZAR

Thornton, CO – ysalazar@atu.org

ANTHONY WITHINGTON

Sebastopol, CA – awithington@atu.org

VIRGINIA LEWIS

En esta edición de “In Transit” ustedes verán una sinopsis de la Conferencia Legislativa de ATU que recientemente fue realizada en Washington para beneficio de nuestras uniones locales en los Estados Unidos. Yo lo clasifico de “sinopsis” porque es imposible relatar todo lo que aconteció en ese evento, y mucho menos todo el trabajo legislativo que realiza la ATU. Nuestros departamentos de asuntos legislativos y políticos y nuestros activistas locales de ATU comienzan sus labores sobre temas varios meses, y algunas veces años, antes de que cualquier progreso pueda ser reportado. El proceso de promulgar legislación y reglamentaciones puede ser bien lento y de gran frustración. Un Caso en Particular Un caso en particular: a fines de la década de los 90s una ola de violencia sin sentido comenzó a ser dirigida contra trabajadores en el tránsito. En los Estados Unidos, la ATU comenzó una campaña para promulgar una ley que estableciera como un delito el asalto de un trabajador del tránsito. Nosotros trabajamos arduamente a pesar que era aparente que tal proyecto de legislación no tendría éxito. Entonces, de súbito, en la estela de la tragedia de Septiembre 11, la legislación fue promulgada por el Congreso. Ahora, es bien triste que algo tan trágico como lo que sucedió en 9/11 tuviera que tomar lugar para convencer al Congreso que protegiera a los trabajadores del tránsito, pero el caso es que nosotros estábamos listos para impulsar adelante esa legislación ya que habíamos invertido años en el trabajo preliminar. El Concilio Canadiense está trabajando para promulgar legislación similar y estamos muy optimistas de que esto eventualmente también en el Canadá se convertirá en una ley.

Charleston, SC – vlewis@atu.org

GARY JOHNSON, SR.

Cleveland, OH – gjohnson@atu.org

Canadian Council ROBIN G. WEST

Canadian Director 61 International Boulevard, Suite 210 Rexdale, ON M9W 6K4 director@atucanada.ca

Una Nueva Crisis Ahora estamos confrontados con una diferente clase de crisis. Me refiero a la masiva recesión económica que está estrangulando el financiamiento que nuestros sistemas necesitan para mantener sus operaciones. Por lo menos, 50 propiedades de la ATU están enfrentando reducciones en el servicio y aumento de las tarifas de tránsito. Despedidas temporales de nuestros miembros ya han comenzado en varias ciudades. El problema no sería tan funesto si el Congreso solamente le permitiera a nuestros más grandes sistemas de transporte en los Estados Unidos el uso de dólares federales para gastos de operación, tales como administración y salarios. La ATU ha trabajado arduamente Continuado en la página 19

IN TRANSIT

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A MESSAGE FROM THE INTERNATIONAL PRESIDENT

Our ‘Number One’ Priority

n this In Transit you’ll see a synopsis of the Legislative Conference the ATU just held for its U.S. locals in Washington. I call it a “synopsis” because it is impossible to relate all that happened at the event, much less all of the legislative work the ATU does. Our legislative and political departments and our local ATU activists begin working on issues months, and sometimes years, before any progress can be reported. The process of enacting legislation and regulations can be slow and frustrating.

A CASE IN POINT A case in point: In the late 1990’s a wave of senseless violence began to be directed at transit workers. In the U.S., the ATU began a campaign to make it a felony to assault a transit worker. We worked hard even though the bill appeared to be going nowhere. Then, suddenly, in the wake of 9/11, the legislation passed. Now, it is sad that something as tragic as 9/11 had to happen to convince Congress to protect transit workers, but the point is that we were ready to move that legislation forward because we had spent years laying the groundwork. The Canadian Council is working to pass similar legislation and we are optimistic it will eventually become law there as well.

‘... OPERATING ASSISTANCE WILL BE THE ATU’S NUMBER ONE ISSUE, AND... WE’RE GONNA HAVE TO WORK LIKE HELL FOR IT.’

A NEW CRISIS Now we are confronted with a different kind of crisis. I’m referring to the massive recession which is choking off the funding our systems need to keep rolling. At least 50 ATU properties (see page 21) are facing service cuts and fare hikes. Layoffs of our members have begun in several cities. The problem would not be as dire if Congress would just allow our larger U.S. transit systems to use federal dollars for operating expenses such as administration and wages. The ATU worked hard to persuade Congress to remove this restriction in the economic recovery package. As APTA President Bill Millar reported, “the Union worked, and worked, and worked, and we worked with them.” I personally pressed the issue in one-on-one meetings with President Obama and Vice President Biden. But even though Congress set aside $8.5 billion for transit in the bill, it refused to budge on operating assistance. You see, to them it looks like pouring money “into one bucket, and out the other,” with nothing concrete to show their constituents. That’s why I told the conference attendees that operating assistance will be the ATU’s “number one” issue, and that “we’re gonna have to fight like hell for it.” We do, however, have friends in Congress who “get it.” Rep. Jerrold Nadler, D-NY, for instance, told the conference, “If we’re going to make transit infrastructure investments, it makes no sense to let transit agencies layoff workers and raise fares.” —Continued on to page 20

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MARCH / APRIL 2009

mar/apr

2009 Vol. 118, No. 2

w w w . a t u . o r g

Contents 2

International Officers & General Executive Board

International President’s Message in French & Spanish

International President’s Message Our Number One Priority

Magazine Index

International Executive Vice President’s Message Bailing Out The Good Guys

International SecretaryTreasurer’s Message Administration Needs Our Support To Be Successful

2009 Legislative Conference Legislative Conference Charts Course for Transit Funding, Employee Free Choice Act

11 Ottawa Local Fights for Right to Pick Runs in 53-Day Strike 12 Transit Paradox Affects at Least 50 ATU Employers 13 Canadian Agenda Harper Saves Tory Government with Stimulus Budget 14 ASE Announces Two Additions to Transit Bus Certification Test Series 15 Climate Change: Opportunity and Responsibility 16 Know Your Rights: Last Minute Bush Rules Revise Family Leave for Workers 17 Obama to Harper: Add Enforceable Labour Provisions to NAFTA 18 ‘We Are Reminded Daily of All That We Lost’ 20 Retired International Vice President Bruce Foster Goes Home 21 ATU Training and Events 22 In Memoriam 23 Transit Jobs: Building Green Careers and Helping the Environment 24 Eau Claire Activist’s Efforts to Raise ATU Profile Paying Off

IN TRANSIT

A Message from the International President Our ‘Number One’ Priority

Amalgamated Transit Union 2009 Legislative Conference Legislative Conference Charts Course for Transit Funding, Employee Free Choice Act

11 13 15 17

Ottawa Local 279 Fights Back Right to Pick Runs at Stake in 53-Day Strike

Canadian Agenda Harper Saves Tory Governement with Stimulus Budget

Climate Change: Opportunity and Responsibility

Obama to Harper: Add Enforceable Labour Provisions to NAFTA

Subscription: USA and Canada, $5 a year. Single copy: 50 cents. All others: $10 a year. Published bimonthly by the Amalgamated Transit Union, Editor: Shawn Perry, Designer: Paul A. Fitzgerald. Editorial Office: 5025 Wisconsin Ave., NW, Washington, DC 20016-4139. Tel: 1-202-537-1645. Please send all requests for address changes to the ATU Registry Dept. ISSN: 0019-3291, USPS: 260-280. PUBLICATIONS MAIL AGREEMENT NO. 40033361. RETURN UNDELIVERABLE CANADIAN ADDRESSES TO: B&M Mailing Service Limited, 35 Van Kirk Drive, Unit 15, Brampton, Ontario L7A 1A5, E-MAIL-BMCOMM@PATHCOM.COM The objects of this International Union shall be to organize Local Unions; to place our occupation upon a higher plane of intelligence, efficiency and skill; to encourage the formation in Local Unions of sick and funeral benefit funds in order that we may properly care for our sick and bury our dead; to encourage the organization of cooperative credit unions in the Local Unions; to establish schools of instruction for imparting a practical knowledge of modern and improved methods and systems of transportation and trade matters generally; to encourage the settlement of all disputes between employees and employers by arbitration; to secure employment and adequate pay for our work, including vacations with pay and old age pensions; to reduce the hours of labor and by all legal and proper means to elevate our moral, intellectual and social condition. To engage in such legislative, political, educational, cultural, social, and welfare activities as will further the interests and welfare of the membership of the Organization. To seek the improvement of social and economic conditions in the United States and Canada and to promote the interests of labor everywhere.

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A MESSAGE FROM THE INTERNATIONAL EXECUTIVE VICE PRESIDENT

Bailing Out the Good Guys

e have been hearing a lot lately about the American International Group (AIG), which was one of the world’s largest insurance companies before it suddenly collapsed under the weight of bad bets it made insuring mortgage-backed securities. We know that the U.S. government has already provided $170 billion in taxpayer money to keep AIG from failing and now owns nearly 80% of the company. Yet just last month, AIG’s greedy, out-of-touch employees received bonuses totaling $165 million. But here is something that you may not know: despite its “American” name, nearly half of AIG’s direct employees — about 62,000 people — are in Asia, not America. So let me get this straight. We bail out foreign millionaires to ensure that they can continue to fly around on their corporate jets and enjoy the finer things in life. But we leave American transit workers high and dry by continuing with the antiquated policy which prohibits most U.S. transit systems from using their federal funds for operating assistance. Where are our priorities?

OPERATING ASSISTANCE Despite our best efforts, the recently-passed American Recovery and Reinvestment Bill of 2009 did not include critical funding for public transportation operating assistance, and opposition to this idea in terms of the upcoming six-year surface transportation bill remains strong. Things have got to change soon. Due to decreasing state and local revenues, hundreds of our brothers and sisters are being laid off across the U.S. Without federal help, there’s no telling how many more jobs will be lost. Moreover, fare increases are having a devastating affect on transit riders. Between the increased price of food, health care, energy, and other everyday necessities, middle class families are getting squeezed like never before.

‘In order for us to win, this operating assistance battle has to be fought outside the Washington Beltway…’

SERVICE CUTS And as if the fare increases are not enough, the service cuts may actually be worse. Generally, when routes get cut, transit systems tend to look towards those with low ridership – early morning, late night, and weekend service. People who work non-traditional hours, typically minorities who have no other means of transportation, are disproportionately affected. The single mom who now gets her kids up at 4:30 in the morning to catch two buses in time to get her children to daycare and then herself to work cannot be expected to wait an additional hour for that transfer bus to arrive, standing in the freezing cold with two kids in tow. But that is exactly what is happening out there. Our drivers have seen it firsthand.

BATTLE MUST BE FOUGHT OUTSIDE WASHINGTON In order for us to win, this operating assistance battle has to be fought outside the Washington Beltway, and we cannot do it alone. The good news is that there are organizations nationwide that are ready to help us. We just need to work with them to tell our story. We’re not foreign bankers or lawyers or big insurance companies. We are people who are providing an essential public service here at home in the greenest of the so-called “green jobs.” It is time for Congress and the president to understand the important role we play in our economy. Let’s go educate them.

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MARCH / APRIL 2009

A MESSAGE FROM THE INTERNATIONAL SECRETARY-TREASURER

Administration Needs Our Support to Be Successful ‘It is a tremendous comfort knowing, especially in these difficult economic times, that workers will have a good friend at the Department of Labor…’

ust a few days after being confirmed by the U.S. Senate, new Secretary of Labor Hilda Solis made her first official public appearance at the winter meeting of the AFL-CIO Executive Council. Just a week later, she appeared before the participants at the ATU’s annual Legislative Conference.

COMMITMENT In both appearances, she made clear her commitment to organized labor and her intention to fully enforce the laws that protect workers. Coming from a working family herself, she understands the challenges faced by the working men and women in this country. She understands that the best way to fix the economy is to strengthen the middle class through skills development and job creation programs, development of green jobs, and by ensuring that workers have the right to form and join a union to improve their lives. It is a tremendous comfort knowing, especially in these difficult economic times, that workers will have a good friend at the Department of Labor, working hand-in-hand with our other friends, Barack Obama and Joe Biden, in the White House. With these friends, we can make great strides towards reforming the American health care system and passing the Employee Free Choice Act.

THEY CAN’T DO IT ALL But, we can’t expect them to do all of the work on their own. We must help our friends in the Administration, as well as in Congress, to push our agenda. Times are tough for everyone, and the corporations and business lobbyists are fighting our agenda hard. Not only are they lobbying Congress, but they are trying to deceive the American public into thinking that they – the corporations and big business – are the ones who are truly looking out for the best interest of workers.

WE NEED TO DO OUR PART We know this isn’t true, and we need to do our part to educate ourselves and spread our message. Only then can we create an environment where our friends in the Administration and in Congress can be in a position to help us. I encourage you to educate yourself about the Employee Free Choice Act and health care reform. Keep reading the articles in In Transit, on the ATU website, and in AFL-CIO publications. Share this information with your friends, family and coworkers and help spread our message.

IN TRANSIT

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PROTECT YOUR JOB! Support Pro-Transit & Pro-Labor Candidates Ask Your Local Union Officer How You Can:

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The 2009 COPE pin celebrates the 100th Anniversary of ATU-COPE Award Winning Local, Local 519 in La Crosse, WI. The vehicle depicted is a streetcar similar to the type operated by Local 519 members at the time of their founding in 1909. “We Walk” is the slogan used by the La Crosse labor movement during the lock-out of the newly organized streetcar employees.

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MARCH / APRIL 2009

2009

AMALGAMATED

TRANSIT

UNION

L E GI SL ATIVE CONFERENCE Legislative Conference Charts Course for Transit Funding, Employee Free Choice Act

oming on the heels of electing a labor and transit-friendly president, ATU Legislative Conference participants gathered from all parts of the United States, March 8 – 10, to strategize and visit Congress.

George also addressed transit advocates’ frustration over Congress’ continual refusal to allow larger transit agencies to use the federal funding in the bill for operating expenses such as wages and administration.

International President Warren S. George welcomed the conference-goers with an overview of the legislative landscape that lay before them. Citing the latest economic figures, the international president declared, “No doubt it is the worst of times. But it’s also the best of times, because, due to all your efforts, we elected a president and vice president who support Labor.”

He explained that Congress likens operating assistance to pouring money “into one bucket, and out the other,” with nothing concrete to show their constituents. With transit layoffs looming, the ATU leader predicted that operating assistance would become our number one issue, and that “we’re gonna have to fight like hell for it.”

NEW SHERIFF IN TOWN The tone of the conference was much different from previous years when Bush anti-union policies held sway in Washington. No one exemplified that change better than Secretary of Labor Hilda Solis who took time out from her busy schedule to address the gathering.

“No doubt it is the worst of times. But it’s also the best of times…”

George outlined the hurdles Labor must jump to pass the Employee Free Choice Act, a bill which would go a long way toward preventing management intimidation during organizing campaigns, and force employers to negotiate in good faith. George emphasized the need to support President Obama’s eventual health care initiative, which, if passed, would remove the greatest stumbling block in collective bargaining today. He explained the importance of including the ATU’s priorities in the new surface transportation authorizations bill which Congress will consider later this year. The bill is important because it will govern how much money Congress will appropriate for mass transit – as well as what it can be appropriated for – over the next six years.

IN TRANSIT

“There’s a new sheriff in town.”

“Brothers and sisters, a new day has come,” Solis proclaimed, asserting, “There’s a new sheriff in town.” She urged the ATU to “please let your members know that they can rest assured that we really do care about their needs.” Solis announced that the Labor Department would start enforcing federal labor laws with a particular focus on wage and hour

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rules. DOL goals, she said, would include:

• • • •

protecting workers (including those seeking to organize a workplace) from unfair treatment, protecting workers from workplace hazards by “beefing up” OSHA, funding education and training for workers, and protecting pension and retirement plans.

billion. After that, he said we need to find a long-term funding solution that isn’t based on a dwindling gas tax. Rep. Pete DeFazio, D-OR, chair of the House Highways and Transit Subcommittee, struck a more urgent note concerning the authorizations bill.

Solis asked the Union to support the Administration in these tasks. “We’ve got a lot of work to do,” she told them. International President George was delighted “to have a secretary of labor – from Labor.” And it was the first time anyone could remember seeing a labor secretary embracing an ATU international president.

TRANSIT FUNDING Even though it was less than expected, conference speakers were generally pleased with the $8 billion in transit funding which President Obama included in the economic recovery bill, as well as the $8 billion for transit in the president’s FY ’09 federal budget. AFL-CIO’s Transportation Trades Department President Ed Wytkind said that the ATU should be proud, because none of that stimulus spending would have passed without the hard work of our activists and members. With the recession eating away at local transportation tax bases and the federal gas tax-funded transportation trust fund, Wytkind asked the conference to urge Congress to “allow transit systems to use federal dollars for their operating needs.”

TRANSIT AUTHORIZATIONS With regard to the authorizations bill, Rep. Earl Blumenauer, D-OR, member of the House Ways and Means Committee, told the legislative activists that he believes mass transit will play a big role in creating jobs, saving energy, and improving the environment. “You have the most compelling case,” he told the assembly, “for the federal government to become your economic partner.”

“Go out there and be convincing.”

“We have a lot of educating to do… You have to make your case… If we don’t pass the authorizations bill by October 1, federal transit funding will be cut by 50 percent,” he warned. “Go out there and be convincing.” American Public Transportation Association President Bill Millar, also spoke on the attempt to persuade Congress to lift the operating assistance ban in the stimulus package. “We tried everything,” he said, “and the Union worked, and worked, and worked, and we worked with them.” Even though Congress refused to budge, he insisted, “We cannot give up on this issue.” Rep. Jerrold Nadler, D-NY, a member of the House Transportation and Infrastructure Committee, described how he successfully passed an amendment to the House stimulus package which would have increased transit funding in the legislation from $8 to $12 billion, only to have the Senate’s lower $8 billion figure restored in the final version of the bill.

“…we laid the groundwork to make sure that transit gets its rightful due…” “We need to get serious about financing…”

“We need to get serious about financing,” Blumenauer declared. He recommended that Congress boost transit spending from $26 to $100

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“The good news,” responded Nadler, “is that we laid the groundwork to make sure that transit gets its rightful due in the transportation authorizations bill.”

MARCH / APRIL 2009

Nadler supports giving operating assistance to larger transit agencies. “If we’re going to make transit infrastructure investments,” he said, “it makes no sense to let transit agencies layoff workers and raise fares.” Nadler has just submitted the “Transportation Job Corps Act” to Congress. The bill, which is based on ATU’s Workforce Development Program, would provide training, particularly for young people, seeking to work in the transit industry.

EMPLOYEE FREE CHOICE ACT No topic generated as much heat as the Employee Free Choice Act. TTD President Wytkind derided the anti-union ad campaign in which corporate America claims to be defending workers’ right to a secret ballot. “They’re worried about workers having a secret ballot,” he asked, “Really?” “Labor laws are broken,” Wytkind charged. “The American dream is broken. Fix one, and you fix the other… The Employee Free Choice Act is the ticket to the American dream.” AFL-CIO President John Sweeney told the conference that “this is a moment when the question is: ‘Union Yes, or Union No?’ The Employee Free Choice Act means so much to the future of our movement.” The federation president prepared the ATU unionists for the struggle ahead, saying, “This is the beginning of a long road… Our victories will be won on points, not knockouts.” The head of America’s labor movement urged the group to give our new president “the support he needs to be the leader he can be.” But he added that we also have to “keep our gloves up, because he is surrounded by advisors and cabinet members who will not always share our goals and values.”

AFL-CIO Voice at Work Director Fred Azcarate agreed: “If we stay at the pace we’re at now we’re going to lose.” But, Azcarate said he was confident that the legislation would pass in the House. He also spoke about the challenge Labor faces putting together the filibuster-proof 60-vote majority needed to carry the day in the Senate. “We have a path to passage,” he said, “but it will take every bit of effort we can give.” “Our goal,” he related, “is to get one percent of our members per month to make a call, and another one percent per month to write a letter. It’s a pretty simple plan. If we educate and motivate our members we will win.”

HEALTH CARE AFL-CIO Health Care Campaign Training Director Nick Unger gave a very effective presentation on the AFL-CIO’s strategy for passing health reform. Among the many important things Unger shared were the talking points he uses as the basis for discussion with trade unionists. Health care, he said:

• • • • •

costs too much, covers too little, excludes too many, it’s getting worse, and the government better do something about it.

Unger emphasized that health care reform proponents should draw people out on these points rather than talk down to them or “teach” them.

GOING GREEN Cornell University Labor Institute’s Sean Sweeney, Jill Kubit, and Lara Skinner drew the conference’s attention to the ATU’s role in the green revolution. Sweeney began a wide-ranging discussion about the pollution caused by rich industrialized countries and contrasted that with the pollution created by poorer nations. And he reviewed the responsibilities the Kyoto Treaty delineates for each. Kubit outlined the science of climate change, and Skinner described the role transportation can play in solving the problem.

“We need to raise the level of activity.”

Labor will need strategists to pass the Employee Free Choice bill, and AFL-CIO Political Director Karen Ackerman is one of the best in the business. Ackerman reviewed the plan which brought about success in the 2008 elections. She demonstrated that “we need to raise the level of activity to reach out to more and more members just like we did in 2008,” adding, “we have three months to do it.”

IN TRANSIT

In one way or another each speaker exhorted the conference attendees to turn their beliefs into action. The impassioned Wytkind may have expressed it best of all: “Do not get lazy! We have not accomplished anything yet. This is our moment. We fought like hell for this moment. Let’s not squander it.” Armed with the most comprehensive information anyone could have approaching Congress, the participants spread out to visit their representatives on Capitol Hill. It was the beginning of what most expected to be one of the most consequential years in American legislative history.

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OTTAWA

LOCAL FIGHTS FOR RIGHT TO PICK RUNS IN 53-DAY STRIKE Local 279 continued the strike through Christmas. On New Year’s Eve the federal labour minister exercised her authority to order the local members to vote on the city’s contract proposal. The local overwhelmingly rejected the contract in the forced vote on January 9.

ESSENTIAL? By the middle of January some commentators were calling on the federal government to declare OC Transpo an “essential service” which would mandate binding arbitration and send the agency’s employees back to work. The federal labour minister, however, was opposed.

ocal 279-Ottawa, ON, went on strike against OC Transpo, December 10, 2008, after months of frustrating contract talks in which the agency insisted on ending its policy allowing operators to choose their own route assignments based on seniority. The following day, CTV news reported that, in combination with a 30-centimetre snow storm, the strike “sent a wave of chaos through the nation’s capital.” The local offered to engage in arbitration, as required by the ATU Constitution, but the mayor refused to consider any compromise. Local 279 President André Cornellier simply would not to relinquish what his members had bargained for in 1999, when they accepted a lower wage in exchange for the right to pick their own runs. Without any real movement on city’s part, Local 279 members continued picketing through snowstorms during the coldest months of the winter.

‘PUBLIC ENEMY NO. 1’ The strike tested the solidarity of Local 279 members who endured the wrath of commuters while the media heaped scorn upon Cornellier. On December 16, the Financial Post reported: “No one has been more demonized during the bus strike than union leader André Cornellier. Mr. Cornellier has become public enemy No. 1…. whether he’s the true villain or not…He’s the whipping boy for every frothing-at-the-mouth talk radio host in town… an outraged public is calling for Mr. Cornellier’s head.” The local president was unfazed. “I was there to fight for my members,” he explained.

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But all that changed on January 27. Ottawa Premier Dalton McGuinty called on Parliament to legislate OC Transit employees back to work. Surprisingly, the labour minister agreed, and the House of Commons scheduled an emergency session for the evening of January 29 to consider the back-to-work legislation. Seeing the writing on the wall, the city shifted its position and accepted binding arbitration before Parliament could act. With that settled, an agreement was announced ending the 53day strike on January 29. The local subsequently ratified the agreement.

WHY THE SUDDEN TURNAROUND? Why did these government officials change their minds? What made them suddenly amenable to arbitration? Some speculated that the impending state visit of President Obama (announced at the same time) was the real reason for the change of heart. If this is true, it could be argued that Canadians were the first big ATU beneficiaries of the election of Barack Obama. Even so, Cornellier gives all the credit to his members who maintained incredible solidarity during a very long and difficult experience. “It was a concerted effort on everyone’s part,” he said. Cornellier is also grateful for the “strong, strong support” he received from the International including International Vice President Randy Graham who assisted the local day and night, from local unions who sent donations, and the Canadian Labour Congress. That support was “very special,” he said There are still plenty of outstanding issues to argue, but at least the strike is over. The local will meet with the arbitrator on April 15.

MARCH / APRIL 2009

Transit Paradox Affects At Least 50 ATU Employers T

he “transit paradox” – a term which first appeared in American newspapers on February 3 – refers to a recent phenomenon in which transit systems are being forced to cut service and increase fares, even as ridership hits record levels. That ridership surge began last year after the price of gasoline passed $4.00/gallon – the tipping point at which it became clear that taking transit to work was less expensive than driving a car. Most of these new commuters have continued to take mass transit even though the price of gas has declined. Public transportation and environmental advocates labored long to see this day. Yet, just as transit seems to be coming into its own, the ongoing economic crisis threatens to undermine its’ progress.

FEWER TAX DOLLARS, SUDDEN DEBT The problem is that, because of the recession, all levels of government are taking in far fewer of the tax dollars which are dedicated to transit. Also, banks which entered into long, multi-year lease deals with transit agencies are demanding immediate, full payment in the wake of the near-collapse of AIG – the guarantor of most of those leases. Transit advocates had been hoping that the stimulus package would provide backfill for these deficits in addition to investments required to bring about a renaissance in U.S. public transportation. However, in an attempt to generate bipartisan support, much of the infrastructure funding expected in the package was gutted to provide tax cuts. And despite efforts by pro-transit legislators to increase the amount of transit spending in the bill, just one percent ($8 billion) ended up dedicated to mass transit. While disappointed that the bill’s contribution to transit didn’t meet expectations, activists have welcomed the new funding as a good start. And transit supporters are happy that Obama dedicated another $10 billion to transit in the FY’09 federal budget.

REFORM OF THE TRANSIT AUTHORIZATIONS PROCESS In an interview reported by Ronald Brownstein in the National Journal Online on February 17, President Obama indicated that he will propose “some long-term reforms in how transportation dollars flow” in the new SAFETEA-LU. The president said he will propose more regional coordination of transit development. “I think right now we don’t do a lot of effective planning at the regional level when it comes to transportation. That’s hugely inefficient. Not only does it probably consume more money in terms of getting projects done, but it also ends up creating traffic patterns... that are really hugely wasteful when it comes to energy use.” During the campaign, Obama proposed the creation of an “infrastructure bank” – an “independent entity… directed to invest in our nation’s most challenging transportation infrastructure needs.” He proposed to fund the infrastructure bank with both public funds ($60 billion over 10 years) and private investment. “The idea of an infrastructure bank,” Obama declared, “I think makes sense – the idea that we get engineers and not just elected officials involved in thinking about and planning how we’re spending these dollars.... I think there should be some way for us to just think about how we can rationalize the process to get the most bang for the buck, because the needs are massive and we can’t do everything. Meanwhile, as funding dwindles, America’s public transit systems are desperate to find a way to avoid service cuts and fare increases. Listed on page 21 are the 50 U.S. ATU properties affected by the transit paradox and what they are planning to do about it: — Continued on page 21

Now, transit supporters are working toward increasing federal investment in mass transit in the six-year transportation authorizations bill (currently called SAFETEA-LU) which Congress will consider later this year.

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www.atu.org

Canadian Agenda HARPER SAVES TORY GOVERNMENT WITH STIMULUS BUDGET

onservative Prime Minister Stephen Harper has avoided a “non-confidence” vote which threatened to topple his minority government by including a C$40 billion stimulus package in his proposed 2009 budget. Harper got into trouble in December when, among other things, he was seen as failing to take any significant action to protect Canadians from the growing worldwide recession. The Tories (Conservatives) had just been re-elected as a minority government having won less than 50 percent of parliamentary seats in the October 14 election. But by December dissatisfaction with the Tory government was so great that Liberal, New Democratic and Bloc Quebecois members of Parliament formed a coalition with more seats than the Conservatives in order to force Harper to relinquish control of the government.

PROROGUE? But then Harper sent everyone to their dictionaries by doing something unprecedented. He requested the governor general agree to invoke a little-known legal provision “proroguing” (suspending) Parliament for six weeks, blocking any action by the coalition, and buying him time to prepare a budget which addressed the economic crisis. Harper introduced a 2009 budget just after Parliament reconvened on January 26, which provided C$12 billion for infrastructure out of a C$40 billion stimulus package. There was enough in the new budget to persuade Liberals to bolt the coalition and support the Tory budget – which eliminated any chance of a new government.

Unlike the U.S. economic recovery bill, this budget does not parse out how much infrastructure money will be devoted to public transit.

NO REAL TRANSIT FOCUS ATU Canadian Director Robin West charged, “This budget was designed to avoid a ‘non-confidence vote’ of the Harper government and has no real focus regarding public transit investments. The government needs to implement a National Transit Strategy program with permanent dedicated funds for public transit.” Perhaps in response to critics, Minister of Finance Jack Flaherty sent out a media release, March 12 (the day the budget passed), pledging, among other things, to “accelerate and expand the recent historic federal investment in infrastructure with almost $12 billion in new infrastructure stimulus funding over two years…” That same day Transport and Infrastructure Minister John Baird announced that a number of “accelerated investments” were already underway as part of the government’s “Economic Action Plan.” New Democratic Party leader Jack Layton is concerned that the plan doesn’t provide enough stimulus. Harper, he states, “is trying to kid Canadians that somehow everything is going to be fine without us taking bold action. He’s saying, we don’t need bold action, just little sprinklings of this and that, little half-measures over here.” And so, like Americans, Canadians are waiting and hoping that their government will provide enough help to get them out of the current crisis. In Canada, it seems obvious, the immediate tenure of the prime minister hinges on how much and how soon help is delivered.

The budget was passed by the House of Commons and the Canadian Senate, and received royal assent on March 12. It is the nation’s first deficit budget in 11 years.

WHEN AND HOW? Transit and urban activists are heartened by the prospect of new investment in the nation’s long-ignored infrastructure, but actual details of the process by which the money will be dispersed and what projects it will fund are hard to come by.

www.atu.org

MARCH / APRIL 2009

ASE Announces Two Additions to Transit Bus Certification Test Series T

he National Institute for Automotive Service Excellence (ASE) has announced two new additions to the Transit Bus Certification Test Series which will be available for the May 2009 test administration. The new tests are Compressed Natural Gas Engines (H1) and Preventive Maintenance and Inspection (H8). “These new additions to our Transit Bus Series complete the requirements for a Master Technician Status,” says Tim Zilke, ASE president & CEO. “Still in development is the final test of the series covering Hybrid Vehicle Systems (H9), which is scheduled to launch in May, 2010.” The Compressed Natural Gas Engines (H1) test content will cover the following areas: • • • • •

General Engine Diagnosis Cylinder Head and Valve Train Diagnosis and Repair Engine Block Diagnosis and Repair Lubrication and Cooling Systems Diagnosis and Repair Air Induction and Exhaust Systems Diagnosis and Repair

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Fuel System Inspection Diagnosis and Repair (high pressure, low pressure, fuel controls) • Starting and Charging Systems Diagnosis and Repair • Ignition System Inspection Diagnosis and Repair •

The Preventive Maintenance and Inspection (H8) test content will cover the following areas: • • • •

Engine Systems Body Interior and Exterior Electrical/Electronic Systems Frame and Chassis

The Transit Bus Master Technician designation requires that the technician be certified in H1 or H2, and H3 through H8 after the May 2009 ASE test administration when the H1 and H8 tests become available.

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Climate Change: Opportunity and Responsibility International Vice President Ron Heintzman was one of 20 North American union delegates who participated in a 12-day United Nations Climate Change Conference (UNCCC) in Poznan, Poland, in December. He sent back this report:

rior to attending the United Nations Climate Change Conference in Poznan, my knowledge and understanding of the subject was limited. Like many of our members, I could see and feel our climate changing – associating it with the frequently used term “global warming.” I quickly learned that climate change and global warming were not one and the same. I also had little understanding of how encompassing and important the issue is today, and how it will impact nearly every aspect of our lives in the future.

CONSENSUS COMPLICATED, DIFFICULT Bringing more than 150 countries together to gain consensus on how to deal globally with climate change is not only difficult, but extremely complicated at best. The large number of special interest groups trying to inject their own agenda makes the process seem overwhelming. What is clear, however, is that Labor, and trade unions specifically, must take an active and prominent role in pursuing the creation of “green jobs” which can provide sustainable employment for their members whose livelihoods will become vulnerable as a result of climate change. Toward that end the International Trade Union Confederation (ITUC) has set forth a set of global priorities which it deems necessary to ensure the creation and stability of “green jobs.”

www.atu.org

INCREASED MASS TRANSIT KEY COMPONENT OF GREEN ECONOMY PLANS Increased mass transit is a key component of almost every plan for a “green environment and green economy.” I believe we have an obligation to promote our industry and educate our members on how each of us must take individual responsibility by making changes in our day-to-day lives which will help create a sustainable, green earth. What we as a world, as a country, and as individuals do or don’t do will impact the degree of change we will confront in the future. And for union members in many industries, this may make a real difference in their livelihoods.

A UNIQUE OPPORTUNITY The global economic crisis provides us with a unique opportunity to pursue these objectives – particularly in the United States. Labor must insist that a “green economy and green jobs” be an integral part of any economic recovery plan. With a new president who clearly understands that doing nothing about climate change will hurt virtually every aspect of our economy we have reason to hope for real progress in the future.

MARCH / APRIL 2009

KNOW YOUR RIGHTS: Last Minute Bush Rules Revise Family Leave for Workers Recently, significant changes to the federal regulations administering the Family and Medical Leave Act of 1993 (FMLA) were made, becoming effective on January 16, 2009. The purpose of this two-part series is to provide a general overview of the significant aspects of these changes.

or eligible employees, the FMLA provides up to 12 work weeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons. More specifically, the FMLA leave provisions are applicable to situations involving, and leave for:

(1) an employee’s own serious health condition, (2) the care of an immediate family member with a serious health condition,

(3) the birth, adoption or foster care of the employee’s child, and (4) a “qualifying exigency” (short-notice deployment; military events and related activities; childcare and school activities; financial and legal arrangements; counseling; rest and recuperation; post-deployment activities; and additional activities not encompassed in the other categories, but agreed to by the employer and employee) that arises while the employee’s parent, spouse or child is on active duty or a call to active duty. Further, the FMLA now provides up to 26 weeks of leave in a single 12-month period to care for a covered service member recovering from a serious injury or illness incurred in the line of duty on active duty. (Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single 12-month period.) The revised rules have changed and clarified several common terms under the FMLA. One example is “serious health condition,” which serves as the foundational basis of qualifying medical leave under the Act. While application of that language has frequently proven difficult in actual administration, the revised rule retains the prior definition of what is considered a serious health condition – an illness,

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injury, impairment, or physical or mental condition that involves in-patient care or continuing treatment by a health care provider. The administrative revisions do attempt to clarify what constitutes qualifying “continuing” and “periodic” treatment by a health care provider, however. In particular, the new regulations clarify that if an employee is taking leave based on more than three consecutive calendar days of incapacity plus two visits to a health care provider, the two visits must occur within 30 days of the period of incapacity, and the first must occur within seven days of the initial incapacity. The new regulations also clarify the definition of “periodic visits” for the treatment of a chronic serious health condition by specifying that in order for the condition to implicate potential FMLA leave, it must involve at least two visits to a health care provider within a year related to that condition. Another significant clarification in the FMLA rule change involves the applicability of time spent performing “light duty” work and its impact on FMLA leave entitlement, as there was some confusion between courts which addressed this issue. The new regulations clarify that if a worker is voluntarily performing a light duty assignment, the employee is not on FMLA leave and his or her right to job restoration is held in abeyance during the light duty period. Thus, time spent performing light duty work does not count against an employee’s leave annual allotment of FMLA leave. Additional details about the recent rule changes pertaining to FMLA (which, as noted above, will be in the next issue’s Know Your Rights column) can be found on the Department of Labor’s website at: http://www.dol.gov/esa/whd/fmla/.

www.atu.org

Obama to Harper:

Add Enforceable Labour Provisions to NAFTA E

laborating on his stand during the 2008 campaign, President Barack Obama told Canadian Prime Minister Stephen Harper that enforceable labor rights are important enough to be included in the text of the North American Free Trade Agreement (NAFTA). In a February 19 press conference with Harper after their meeting together in Ottawa, the Democratic president made it clear that the treaty’s present unenforceable “side letters” on workers’ rights and environmental standards are inadequate. Obama also reiterated his support for the modified “Buy American” provision in the now-signed $787 billion economic recovery act. That provision says that all goods and services bought with stimulus money should be U.S.-made, as long as the purchases are consistent with U.S. obligations under international trade treaties. “Now is a time where we’ve got to be very careful about any signals of protectionism, because, as the economy of the world contracts, I think there’s going to be a strong impulse on the part of constituencies in all countries to see if they can engage in ‘beggar thy neighbor’ policies,” Obama warned. “As one of the largest economies in the world, it’s important for us to make sure we are showing leadership in the belief that trade ultimately is beneficial to all countries,” the president said.

ENFORCEMENT “Having said that,” the president continued, “what I also indicated was that – with a NAFTA agreement that has labor provisions and environmental provisions as side agreements – it strikes me, if those side agreements mean anything, they might as well be incorporated into the main body of the agreement so that they can be effectively enforced. “And I think it is important, whether we’re talking about our relationships with Canada or our relationships with Mexico, that all countries concerned are thinking about how workers are being treated,” Obama asserted. He raised workers’ rights with Harper and said he hopes that as the nations’ “teams work this through, there’s a way of doing this that is not disruptive to the extraordinarily important” U.S.Canada “trade relationships.” In their press conference, Harper, a conservative whose party backs unfettered free trade without workers’ rights, was less than enthusiastic about Obama’s idea. Harper diplomatically conveyed his disagreement with the president and Labour, saying, “I know some aspects of trade invariably cause political concerns.” Nevertheless, Harper continued, “The president and I did have a good discussion of his concerns… We’re perfectly willing to look at ways we can address some of these concerns, which I understand, without opening the whole NAFTA and unraveling what is a very complex agreement. But we had a good discussion on that and I’m hopeful we’ll be able to make some progress.”

www.atu.org

Harper’s statements are more diplomatic code for saying his government does not want to agree to U.S. plans to make workers’ rights enforceable. Harper hewed to the business-backed line that NAFTA is “nothing but beneficial for these two countries. There has been a massive explosion of trade. And that trade supports, you know, countless millions of jobs.” He also called NAFTA “the first modern-generation trade agreement that started the proliferation of such pacts. Harper claimed the many following trade pacts based on NAFTA are “positive for the world economy.”

BUY AMERICAN? As for “Buy American,” Obama declared that: “Let me just reiterate – and I said very, very clearly before the bill was passed and before I signed it – that I think it was very important to make sure that any provisions that were there were consonant with our obligations under WTO and NAFTA. And I think that is what we achieved.” “Buy American,” he added, “would not be adverse” to U.S.-Canada trade. Harper conceded more ground on the “Buy American” issue: “In both WTO and NAFTA, there are industries and there are ways in which and there are levels of government at which one can have domestic preferences and purchasing policies. These things are allowed, in some cases, but they are certainly not allowed without limit. We expect the United States to adhere to its international obligations. I have every expectation, based on what the president told me and what he’s said publicly many times in the past, that the United States will do just that.”

LABOUR’S POSITION U.S. and Canadian labour leaders had no immediate reaction to the press conference. But in a joint letter before the Obama-Harper meeting, AFL-CIO President John J. Sweeney and Canadian Labour Congress President Ken Georgetti urged the two to renegotiate NAFTA, and “adopt a series of complementary policies to build a strong, fair economy for workers” in all three countries. The North American economy should be “stronger and more equitable… where workers’ voices are heard and their rights are fully respected.” Sweeney said. Added Georgetti: “Workers are paying a terrible price for the unfettered greed and recklessness of a corporate elite upon whose advice our political leaders have relied for too long. Now is the time for a different approach: one that includes working people and shifts the focus toward their prosperity.”

MARCH / APRIL 2009

‘We Are Reminded Daily of All That We Have Lost’ On January 21, former Financial Secretary Tom Wallace, 757-Portland, OR, was sentenced to six months’ house arrest, one year in prison, and three years’ probation for embezzling $450,000 from the local. Before sentencing, Local 757 President Jon Hunt presented the U.S. District Court with a victims’ impact statement detailing the harm done by Wallace’s actions. Excerpts from that statement are published below at the request of the participants at the ATU Northwest Conference who believe that “while many may, or may not be aware of the impact on a local by… the wrongdoing of a particular officer, the harm goes a lot further in impacting the lives (public and private) and livelihoods of others in union positions… these types of actions also impact the labor movement as a whole, and the attendees at the conference feel this is a story that needs to be told:

y name is Jonathan Hunt and I am the president-business representative of Amalgamated Transit Union, Division 757, where Mr. Wallace was financial secretary-treasurer from 1997 until 2007. In his capacity as financial secretary-treasurer, Mr. Wallace embezzled over $450,000 from auxiliary accounts administered by the union. The resulting damage only begins with the loss of this money… The union will never receive compensation for the hours in which Mr. Wallace’s focus was on embezzling from, rather than in representing his union brothers and sisters… Time spent stealing from the union is money, as well as time, stolen from the union. Not surprisingly, union affairs were left in utter disarray as Mr. Wallace devoted himself to embezzling and the painstaking concealment of his crimes.

ERRONEOUS INFORMATION During the years in which he was embezzling Mr. Wallace was simultaneously providing erroneous information about the status of our accounts to the state, incurring additional penalties that we are still uncovering. The union has been forced to pay for multiple accountants and lawyers to represent us in the wake of this loss. Copious staff time and energy as well have been lost to investigating and assessing the details and extent of Mr. Wallace’s crimes, and then in attempted explanations and accounting to the appropriate… officials and within our own membership. Lost compensation additionally includes the cost of two interim financial secretary-treasurers… the expense of an extra election to fill Mr. Wallace’s office, the cost of training a new financial secretary-treasurer and the expense of the inevitable extra learning curves as a result of all this activity.

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LESS TANGIBLE BUT MORE DEVASTATING Less tangible but more devastating harm has been done to the union’s reputation and the reputations of those of us who are a part of it. Although Mr. Wallace operated entirely on his own, his crimes were committed over such a long period of time and affected so many different aspects of the union that many feel as though this could not have happened without other officers and staff knowing and permitting it, if not downright colluding in it. Though exonerated through the investigation, doubts linger… We have already lost organizing campaigns because this is the first weapon new management brings up in their campaigns against the union. Our tragedy has been a boon to management in their efforts to convince their employees that rather than protect them, a union wants only to steal from them. There are workers who do not have better wages, benefits and adequate healthcare because of what Mr. Wallace has done. Our union suffers as well, as it is from our numbers that we derive strength and influence….

BETRAYED THOSE WHO BELIEVED HIM BROTHER AND FRIEND Mr. Wallace was liked and highly regarded by many people…. and inspired enough faith and confidence that he was reelected three times before his actions were discovered. Meanwhile he lied and embezzled funds from those he called brother and sister in the union he was sworn to protect and defend, and he betrayed those of us who believed we had a friend and brother in him. Mr. Wallace made the decision to embezzle not once but nearly two hundred times, over the span of many years, many transactions, and many elections. Our members’ faith in the institution that represents them is gone, as well as our own faith in our capacity for good judgment.

NOT VENGEANCE, BUT JUSTICE We are not looking to the court for vengeance, but for justice. We are reminded daily of all that we have lost by Mr. Wallace’s actions, and we cannot move on if his sentence does not reflect the extent of our loss. We ask the court for a sentence that not only addresses the money taken from our accounts, but also one that recognizes that the emotional and financial impact of Mr. Wallace’s actions will be felt by our members, our union, and the entire labor movement for years to come.

www.atu.org

MESSAGE DU PRÉSIDENT INTERNATIONAL PAR WARREN S. GEORGE,

Suite de la page 2

Congrès pour qu’il supprime cette restriction dans le programme de relance économique. En sa capacité de Président de l’APTA, Bill Milar a rapporté que “le syndicat a travaillé, et a travaillé, et a travaillé, et nous avons travaillé avec eux”. J’ai abordé personnellement le sujet au cours de mes réunions privées avec le Président Obama et le vice-Président Biden. Mais, bien que le Congrès ait mis de coté 8,5 milliards de dollars pour les transports en commun dans le décret, il refuse de changer d’avis pour ce qui concerne les dépenses de fonctionnement. Vous voyez, pour eux cela équivaut à “mettre de l’eau dans un seau et à la faire sortir par un autre” en n’ayant rien à montrer de concret à leurs administrés. C’est la raison pour laquelle j’ai dit aux participants de la conférence que les dépenses de fonctionnement seraient la priorité “numéro un” et que “nous allons nous battre comme des diables pour cela”. Nous avons malgré tout des amis au Congrès qui “pigent” le problème. Par exemple, le Représentant démocrate de l’Etat de New York, Jerrold Nadler, a dit à la conférence que “si l’on investit dans les infrastructures des transports en commun, il n’est pas logique que les systèmes de transport en commun licencient des employés et augmentent les tarifs des transports”. Mais Nadler ne s’est pas découragé. “La bonne nouvelle”, dit-il, “est que nous posons les fondations pour nous assurer que les transports en commun puissent recevoir la reconnaissance qui leur est due dans le décret d’autorisation pour les transports”. Ce décret sera discuté plus tard dans le courant de cette année. Acte sur la liberté de choix des employés (Employee Free Choice Act) Nous travaillons également avec le reste de l’AFL-CIO pour que passe l’Acte sur la liberté de choix des employés. Ce sera une bagarre très serrée au Congrès. Comme l’a indiqué John Sweeney, Président de l’AFL-CIO, “Nos victoires seront gagnées aux points et non pas par des KO”. Cependant nous devons faire tout ce qui est dans notre pouvoir pour que cette loi puisse également passer. Si la tendance continue, le mouvement travailliste pourrait disparaître avant qu’une autre occasion comme celle-ci se présente. En conséquence, comme d’habitude, nous mettrons toute notre énergie pour que les deux projets de loi passent. J’ai beaucoup d’espoir dans notre réussite. Triste nouvelle Je dois malheureusement terminer cet article sur une triste note. Je viens juste d’être informé que Bruce Foster, ancien Vice-président à la retraite de l’International est mort le 20 mars. Il a été le premier afro-américain Vice-président de l’international. “Monsieur Foster”- comme ses amis l’appelaient avec affection – a ouvert une voie que beaucoup suivirent après. L’ATU lui doit une éternelle reconnaissance.

UN MENSAJE DEL PRESIDENTE INTERNACIONAL POR WARREN S. GEORGE,

Continuado desde la página 2

para persuadir al Congreso que remueva esta restricción en el paquete de recuperación económica del país. Según informa Bill Millar, Presidente de APTA, “la Unión trabajó, y trabajó, y trabajó, y nosotros trabajamos con ellos. Yo, personalmente levanté esta cuestión en reuniones uno-a-uno con el Presidente Obama y el Vicepresidente Biden. Pero, a pesar de que el Congreso adjudicó en el proyecto de ley la suma de $ 8.5 miles de millones para el tránsito, a la misma vez rehusó ceder en el uso de ayuda para operaciones. Ustedes deben entender, que ellos tienen la impresión de que tal ayuda tiene el efecto de “verter dinero en un balde, y sacarlo en otro,” sin nada en concreto que mostrar a sus constituyentes. Por eso es que yo declaré ante los participantes de la conferencia que la ayuda para operaciones sería nuestro tema de prioridad “número uno,” y que “nosotros tendremos que luchar a toda fuerza para conseguirlo.” Nosotros tenemos, sin embargo, amigos en el Congreso que “entienden” esa necesidad. Por ejemplo, el Representante Jerrold Nadler (D-NY), declaró en la conferencia, “si nosotros vamos a hacer inversiones en la infraestructura del tránsito, no tiene sentido común si permitimos que las agencias de tránsito hagan despidos temporales y aumenten las tarifas del tránsito.” Pero Nadler no está desanimado. “Las buenas noticias,” dijo él, “es que nosotros hemos realizado el trabajo preliminar para asegurarnos de que el tránsito reciba lo que legítimamente le corresponde en el proyecto de ley que autoriza los fondos para la transportación.” Ese proyecto de ley será considerado por el Congreso en fecha futura este año. La Ley de Libre Opción del Empleado Nosotros también vamos a trabajar con el resto de la AFL-CIO para promulgar la adopción de la Ley de Libre Opción del Empleado. Esta será una lucha bien reñida en el Senado. Según declaró ante la conferencia John Sweeney, Presidente de la AFL-CIO, “Nuestras victorias serán ganadas por puntos, no por nocaut.” Sin embargo, nosotros debemos hacer todo aquello a nuestro alcance para que también esa legislación sea promulgada como ley. No tenemos ninguna otra opción. Si las tendencias actuales continúan, es posible que el movimiento sindical desaparezca antes que se presente ante nosotros otra oportunidad como ésta. Así, pues, como siempre, nosotros invertiremos todos nuestros esfuerzos para lograr la adopción de ambos proyectos legislativos. Yo tengo la certeza de que a fin de cuentas nosotros tendremos éxito. Tristes Noticias Desafortunadamente, debo concluir esta columna con una nota de tristeza. Acabo de ser informado que el jubilado Vicepresidente Internacional Bruce Foster, falleció el día 20 de marzo. El fue nuestro primer Vicepresidente Internacional de raza Afro-Americana. “El Sr. Foster,” como él era cariñosamente llamado por sus amigos, pavimentó el camino que muchos otros han seguido. La ATU le estará eternamente agradecida.

www.atu.org

MARCH / APRIL 2009

Our ‘Number One’ Priority, Continued from page 3 But Nadler is not discouraged. “The good news,” he said, “is that we laid the groundwork to make sure that transit gets its rightful due in the transportation authorizations bill.” That bill will be considered later this year.

So, as always, we will give our all to pass both these bills. I am confident that we will succeed.

SAD NEWS EMPLOYEE FREE CHOICE ACT We’re also going to be working with the rest of the AFL-CIO to pass the Employee Free Choice Act. It will be a close contest in the Senate. As AFL-CIO President John Sweeney told the conference, “Our victories will be won on points, not knockouts.”

Unfortunately, I must end this column on a note of sadness. I just received word that retired International Vice President Bruce Foster passed away on March 20. He was our first African-American IVP. “Mr. Foster,” as he was affectionately called by his friends, blazed a trail that many after have followed. The ATU will be forever in his debt.

Nevertheless, we must do everything we can to pass this legislation as well. We have no choice. If current trends continue, the labor movement could well be gone before another opportunity like this comes along again.

Retired International Vice President

Bruce Foster

Goes Home

Retired International Vice President Bruce Foster, 85, ATU’s first African-American international officer, passed away on March 20. Foster was elected IVP in 1971, and was continually re-elected to that position until his retirement in 1986.

“Black people suffer,” he explained, “when a Republican gets into office and they have nowhere to go. I worked with both Republicans and Democrats in Cleveland and I learned that you can’t make any progress if you can’t knock on that [Republican] door.”

While Foster will be remembered as the first AfricanAmerican international officer, he was most proud of being the first African-American local president, having been elected to that post by Local 268-Cleveland, OH, in 1968.

Known affectionately as “Mr. Foster,” the retired IVP once recalled, “It meant a lot to me that I was able to help a lot of people…I worked hard and I always told people ‘the way it was.’ With the help of God I served people the way I was supposed to.”

He had been a member of the local since his employment by Cleveland Transit in 1944, following service in the Army Air Corps. He worked hard to maintain a cordial relationship with management, yet he knew when he had to take his union out on strike.

Foster’s politically astute career was marked by an uncommon grace that won him lasting friendships which he treasured. He will be missed, but his legacy will last as long as there is a labor movement.

Foster had a keen interest in politics and relished disarming potential opponents with the unexpected. He confounded people simply by being a Republican. But there was a method in his madness.

Photo: International Vice President Bruce Foster in 1971.

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www.atu.org

Transit Paradox, Continued from page 12 758-Tacoma, WA

Pierce County Transit

cut 64 jobs in 10/08, fare increase 1/09

517-Gary, IN

Gary Transit

cuts looming

1179-New York, NY

MTA

fare increases, service cuts, etc

281-New Haven, CT

Regional Rides

reduced service for elderly and disabled

1433-Phoenix, AZ

City of Phoenix

considering service cuts, increasing paratransit fares, or laying off workers

618-Providence, RI

RIPTA

considering service cuts

1277-Los Angeles, CA

Metro

considering service cuts

241 & 308- Chicago, IL

CTA

service cuts

1005-Mnpls-St. Paul, MN

Met Council

service cuts, fare hikes

1300-Baltimore, MD

MTA

cutting service, routes

1309-San Diego, CA

Metropolitan Transit System

considering cutting shuttle bus service

1001-Denver, CO

RTD

cutting service, pay raises

1555-Oakland, CA

BART

cutting off-peak service

689-Washington, DC

WMATA

cutting service, 891 positions

788-St. Louis, MO

St. Louis Regional Transit

cutting service, routes, 600 jobs

256-Sacramento, CA

Sacramento Regional Transit

raising fares

276-Stockton, CA

San Joaquin Regional Transit

considering service cuts

192-Oakland, CA

Vallejo Transit

could be forced to cut service

757-Portland, OR

Salem Area Mass Transit

service cuts

732-Atlanta, GA

MARTA

cutting service, jobs, increasing fares

1235-Nashville, TN

Davidson Transit Organization

service cuts, layoffs likely

1447-Louisville, KY

TARC

service cuts, fare hikes

1028-Jackson, MS

JATRAN

service cuts

1637 & 1758-Las Vegas, NV RTC

raising fares

1589-Long Beach, CA

Long Beach Transit

raising fares 20 cents

610-Charleston, SC

CARTA

Increased fares 20% on Oct. 5, adj. routes

19-Colorado Springs, CA

1704-San Bernardino, CA

Mountain Metropolitan Transit considering cutting service cut svc in 01/09, considering further cuts, Riverside Transit Agency fare increases Omnitrans considering raising fares effective 10/09

1605-Concord, CA

Country Connection

cutting bus service, raising fares effective 3/09

192-Oakland, CA

AC Transit

1287-Kansas City, MO

KCATA

587-Seattle, WA

King County Metro

voted Mar. 11 on fare hike considering cutting service, increasing fares, summer layoffs raising fares, considering service cuts

1342-Buffalo, NY

Buffalo Transit

raising fares, effecting school system budget

757-Portland, OR

Lane County Transit District

cutting service, raising fares

627-Cincinatti, OH

SORTA

cutting service, slight fare increase

757-Portland, OR

C-Tran

fare increase

956-Allentown, PA

LANTA

fare increases on shared ride service

1145-Binghamton, NY

BC Transit

fare increases

1596 & 1749-Orlando, FL

LYNX

service cuts, fare hikes

1765-Olympia, WA

Intercity Transit

fare increases

1574-San Mateo, CA

SamTrans

fare increases

268-Cleveland, OH

RTA

service cuts, fare hikes

580-Syracuse, NY

Centro

considering raising fares, cutting service in 5/09

752-Bloomington, IL

Bloomington Transit

Cut service in September 2008

757-Portland, OR

considering cutting service beginning 10/09

1338-Dallas, TX

Tri-Met Topeka Metro. Transit Authority Dallas Area Rapid Transit

1091-Austin, TX

Cap Metro

increased fares in 11/08

1177-Hampton Roads, VA

Hampton Roads Transit

considering cutting service as of 3/09

1277-Los Angeles, CA

1360-Topeka, KS

www.atu.org

cutting service April 1, 2009 holding hearing in 4/09 to consider fare increases

ATU 2009 Training and Events Calendar April 18, 2009

Indiana Legislative Conference Board Indianapolis, IN

April 24-28, 2009

ATU Western Regional Training Seminar Seattle, WA

May 3-8, 2009

ATU Arbitration Seminar Silver Spring, MD

May 3-9, 2009

ATU Financial Secretary Training Seminar Silver Spring, MD

May 6-8, 2009

Illinois Legislative Conference Board Springfield, IL

May 12-17, 2009

ATU Midwest Regional Training Seminar Chicago, IL

May 14-17, 2009

ATU Black Caucus Albany, NY

June 3-6, 2009

Canadian Council Conference Board Edmonton, AB

June 7, 2009

Massachusetts Legislative Conference Board Hyannis, MA

June 10-13, 2009

Northwest Legislative Conference Board Seattle, WA

June 10-13, 2009

Ohio Legislative Conference Board Location Pending

June 11-12, 2009

New England Legislative Conference Board Hyannis, MA

June 14-17, 2009

ATU Womenâ&#x20AC;&#x2122;s Caucus Atlantic City, NY

August 11-15, 2009

ATU Canadian Regional Training Seminar Ottawa, ON

August 13-16, 2009

ATU Joint Conference Board Cincinnati, OH

August 23-27, 2009

ATU Eastern Regional Training Seminar Orlando, FL

September 10-14, 2009 ATU Latino Caucus Carnival Cruise Line, Galveston, TX September 21, 2009

ATU MS Golf Tournament

October 11-16, 2009 ATU Arbitration Seminar Silver Spring, MD October 11-17, 2009

ATU Financial Secretary Training Seminar Silver Spring, MD Best information available as of print date*

MARCH / APRIL 2009

In Memoriam

Death Benefits Awarded January 1, 2009 - February 28, 2009 1 - MEMBERS AT LARGE LORRAINE M BRANNIGAN HOLLIS DURVAN CLARK JOHN M COLUCCI JAMES ROBERT DAVIS SR FRANK O FRAGALE THOMAS R HUSBAND GEORGE M JACKSON DONALD L JONES WILLIAM R MILLER HARRY M NICHOLSON CHARLES W REAGAN JAMES T REDDY ARCHIE L SCROGGINS CLIFFORD LEE SHIPP JAMES JOSEPH UMATUM 26 - DETROIT, MI HERMAN BAZNER GEORGE A THOMPSON FREDERICK WILKERSON 85- PITTSBURGH, PA WILLIAM C BURKHART HAROLD J CARTER BERNARD A ECKERT COLEMAN PATRICK KEANE JACK A KEITZER ROBERT J KOTULA JOSEPH A KRENN MADGE E SHEVLIN CHARLES F ZICKEFOOSE 107- HAMILTON, ON JOSEPH L BLACKBURN HORST KLUGE 113- TORONTO, ON CLIFFORD JOSEPH BELL KURT BIRZVILKIS MARK BUKOWSKI SAM CARROCCIO RENATO COLOSIMO KENNETH D EDWARDS LESLIE FISH ALLAN STUART FRANCIS ROSS D GALLINGER FREDERICK HARGREAVES VICTOR RAYMOND HEATH DONALD HEWTON DAVID HOWARD ROBERT W IRWIN JOHN KEIGHER EDWARD KERWIN LOUIS MAC INTOSH GIUSEPPE MARTINO THOMAS J MC NAMARA CHARLES MENDOSHKIN COSIMO SEVERINO JOHN C SUMMERFIELD DAVID TAGGART FRANK TAYLOR JOHN O UNDERWOOD CHARLES MURRAY WHITE WILLIAM ARTHUR WORR

22 22

INTRANSIT TRANSIT IN

192- OAKLAND, CA VIRGINIA A CURRAN 241- CHICAGO, IL ALVIN KISZKA MICHEAL J MC CARTHY LAWRENCE A MC DERMOTT ELIZABETH MILLER JOHN TRUNCALE LAWRENCE A TUGGLE 256- SACRAMENTO, CA ARCHIE RAY WEST JR 265- SAN JOSE, CA JAMES D JOHNSON ELDON STUMP 268- CLEVELAND, OH CLEMENT G HASELOW GERALD B MOORE-EL WILLIE NELSON TOMMY A STARR GABRIEL WASCOVICH RAMIN YOUSEFI JOSEPH S ZALENSKI 276- STOCKTON, CA BOBBIE DALE AUSTIN 308- CHICAGO, IL ROBERT ARELLANO PETER CADETTO LOUIS T HALSELL WALTER J HOLMES CLAUDE MYRICK JR JOHN A PARKER CALVIN RUFUS ROSE L TATE KENNETH L WALTER 313- ROCK ISLAND, IL CHARLES R CASSATT JR

583- CALGARY, AB ALEXANDER D SCHEWEGA LEONARD P STRANDLUND 587- SEATTLE, WA KENNETH E DISETH EDWARD J RITCHIE 588- REGINA, SK WILLIAM H MELLETT ARNOLD SINNAEVE 589- BOSTON, MA PHILIP E AMIRAULT WENDELL C BABCOCK ROBERT F CULBERT NORMAN HARRISON JAMES D HINDS EDWARD J MALLOY DAVID MANNING ROBERT C MARINO JOSEPH J MC ARDLE WILLIAM E MULVEY PAUL E NORMAN ARMAND SAGGESE ROLAND S SCOTT-ROBSON PAUL F SHONE LINNETTE TUCKER 591- HULL, PQ PAUL M GAGNON LUC GENDRON 618- PROVIDENCE, RI FRANK CAPRARO DARLENE PELLERIN WILLIAM WAGONER 627- CINCINNATI, OH DONALD E FISCHER ROY T YOUNG 628- COVINGTON, KY DAVID L JUMP

441- DES MOINES, IA CLIFFORD E HOLMES

685- BRANTFORD, ON GORDON ROSS

540- TRENTON, NJ JOSEPH HORN

689- WASHINGTON, DC WILLIAM E ARCHIE CLEVELAND R BLANKS BOYCE L BROOKS DOUGLAS R CHAVEZ RAWN DAVIS WILLIAM H FORD DANIEL R GARCIA CHARLES A KUHLFAHL CHARLES HARVEY LESTER CHARLES LEONARD WITT

568- ERIE, PA DONALD A WENSEL JOHN J WOODS 569- EDMONTON, AB DENIS H GRATTON HARRY A KUZYK ERIC HUGH LEAWILSON ROY ARCHIE MC EACHEN MURRY W SCAMMELL 580- SYRACUSE, NY JAMES MC BRIDE BEATRICE C QUINN PHILIP STALEY

690- FITCHBURG, MA ROLAND A PELLETIER ERMELINDO SANCHEZ 694- SAN ANTONIO, TX RICHARD DE LEON

713- MEMPHIS, TN LARKIN R IVY

878- EVANSVILLE, IN MICHAL HEROY

726- STATEN ISLAND, NY PAUL J PAPE

880- CAMDEN, NJ ETHEL S EMMERT ELIZABETH GRIES LORETTA WEED

732- ATLANTA, GA GREER P BROWN NATHANIEL GRANT THOMAS D JOHNSON LAVARA HAL PENNINGTON WILLIS HANSEND SMITH CLARENCE E WHATLEY 741- LONDON, ON SIDNEY T BAUMAN JOHN THOMAS DOERKSON WILLIAM W GOODHAND DONALD W KING JOHN PREFONTAINE WAYNE STEEVES ROBERT VANDERAA JACK LE ROY WILSON 757- PORTLAND, OR JOHN C BURGIN HENRY L PERRYMAN NORMAN L ZECHA JR

966- THUNDER BAY, ON PETER KILCHUK 993- OKLAHOMA CITY, OK ESSLEY E SMITH 998- MILWAUKEE, WI CHARLES R BRICKNER WALTER CEBERTOWICZ PEGGY A DALLAS ROBERT P EWERT EUGENE GROBLEWSKI GILBERT J HELLAND HAROLD W KNAPP DONALD J KRUEGER JOHN D STEWART GEHARD S TRAVER 1001- DENVER, CO LAWRENCE E RAYNER

758- TACOMA, WA PETER M BALDAUF ALVIN DALTON

1005- MINNEAPOLIS & ST. PAUL, MN DONALD J ROSE

788- ST. LOUIS, MO ALFRED BAZILE DANIEL J CHRISMER ROBERT J ELSON CHARLES W ENKE JOSEPH B RAUSCH

1027- FRESNO, CA SUTEE VATANATHUM

819- NEWARK, NJ CLARENCE CHAVIS SALVATORE DAMORA VINCENT GERBASIO FLORENCE M HERZOG 821- JERSEY CITY, NJ WILLIAM COLLEY JOHN R ULRICH 823- ELIZABETH, NJ GEORGE E THORNE 825- ORADELL, NJ JIMMY JAMES 842- WILMINGTON, DE ISAAC M HOLMES 843- BELLINGHAM, WA JAMES KUDSK 846- ST. CATHARINES, ON EDWARD T JACKSON

1056- FLUSHING, NY LORNE E BILLINGTON WILLIAM T KELLEHER MOSES D LATTIMER ALBERT GEORGE PARA THOMAS PORTER GEORGE A REIS 1070- INDIANAPOLIS, IN REGINALD L WILLIAMS 1091- AUSTIN, TX CHARLES AMOABENG PORFIRIO RIVAS RIOS 1177- NORFOLK, VA ABRAHAM BAUM 1181- NEW YORK, NY JOHN G GUIDICE RENE MONESTIME 1267- FT. LAUDERDALE, FL ANTHONY J BIFULCO 1277- LOS ANGELES, CA FAKHAR D ARAIN CHARLES A MONROE

1287- KANSAS CITY, MO PATRICK J CULLINAN RAYMOND A STEVENS 1309- SAN DIEGO, CA LEO A DUPIUS 1321- ALBANY & TROY, NY JAMES KELLY 1342- BUFFALO, NY FRANK JURGENS LELAND F RYAN ROBERT RYAN STANISLAWA STRYCHARZ JAMES M TRAUTMAN BOBBY E WASHINGTON WILLIAM YARLING 1345- READING, PA KIM A NOWACZYNSKI 1374- CALGARY, AB RANDALL JOHN GIESBRECHT 1447- LOUISVILLE, KY EDDIE MAE REED 1462- ST. JOHN’S, NF JOSEH P REYNOLDS JOHN F RYAN 1505- WINNIPEG, MB THOMAS H BEGGS PAUL DION CLAIR R SUTHERLAND 1555- OAKLAND, CA BENJAMIN J FEARY 1575- SAN RAFAEL, CA ELIO JOSEPH MARTINI 1576- LYNNWOOD, WA THOMAS L CABLE ASHOK SAREEN 1614- DOVER, NJ MICHAEL E BEEBE 1700- CHICAGO, IL JACK ANDERSON JR WILLIAM C HART QUINTON S MEADOWS EDWARD M STRAIT GEORGE H WHITTINGTON 1704- SAN BERNARDINO, CA RUDOLPH R MOLINA 1742- CHARLESTON, WV MAX S TAYLOR

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Amalgamated Transit Union

AFL-CIO/CLC 5025 Wisconsin Ave., NW Washington, D.C. 20016 www.atu.org

PRINTED IN U.S.A.

NON-PROFIT ORG. U.S. POSTAGE PAID WASHINGTON, D.C. PERMIT NO. 2656

PROUD TO BE ATU Moving the U.S. and Canada Safely Eau Claire Activist’s Efforts to Raise ATU Profile Paying Off

“Phil has done a masterful job getting transit-friendly candidates elected to the Eau Claire City Council and the state legislature,” says Dale Anderson, chair of the ATU Wisconsin State Legislative Conference. “He is proving that one person can, and does make a difference.” Swanhorst became an ATU member seven-and-a half years ago, after working for four years at a non-union tour bus company. He’d had enough of the long trips on the road with no benefits, vacation or holidays. He says the main reason he went to work in transit was because of the union. “All politics is local,” says Philip Swanhorst, 1310-Eau Claire, WI, quoting legendary Democratic House Speaker Tip O’Neil. And that’s where Brother Swanhorst focuses his attention as legislative and political coordinator for his members – at the local level. For the past five years, Swanhorst has been working to raise the profile of the Union with county and city elected officials. He meets regularly with candidates, helps them plan rallies and even goes door to door to help elect them. He says it’s paying off. “Our elected officials are more open to acknowledging that the local labor movement is part of local government.”

BUILDING RELATIONSHIPS Swanhorst has also been working to build relationships with other local unions, including police and fire. “We all have contracts with the city government coming up and we should be looking for ways to work together,” he says. After all, “that’s what a union is about - unity.”

He wasted no time in getting involved. He immediately began attending the union meetings and after just over a year as a member, his fellow members elected him to the local’s general executive board – where he has served ever since.

ACTIVISM NOTHING NEW Political activism is nothing new to Brother Swanhorst, who was active in South Dakota politics in the 1960’s and 70’s. He even served as an alternate delegate to the 1976 Democratic National Convention in Madison Square Garden when Jimmy Carter received the presidential nomination. “It was awesome,” he says of the experience. “I’ve never done anything else like that.” In addition to driving a bus 40 hours a week, campaigning for local labor-friendly candidates, and meeting with other union representatives, Brother Swanhorst, along with his wife, Pat, owns and operates a campground with 45 sites in Chippewa Falls, WI. When asked how he finds the time, he replied, “My wife does all of the work.”