In Transit - March/April 2010

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2010 LEGISLATIVE ISSUE

ATU TO CONGRESS: ‘SAVE TRANSIT NOW’

www.atu.org Official Journal of the Amalgamated Transit Union AFL-CIO/CLC

AMALGAMATED TRANSIT UNION INTERNATIONAL OFFICERS WARREN S. GEORGE International President

MESSAGE DU PRÉSIDENT INTERNATIONAL PAR WARREN S. GEORGE PORTEZ NOTRE DEMANDE DANS LES RUES

RONALD J. HEINTZMAN

En baseball, trois coups et vous êtes hors jeu. Si vous jouez au Monopoly, passez par la case départ et recevez 200 dollars. Et, traitez toujours vos parents avec respect. Ce sont les lois ou règlements que la plupart d’entre nous connaissons.

OSCAR OWENS

Mais avez-vous entendu parler de la clause des 200.000 ? C’est une petite clause archaïque de la loi qui stipule que les systèmes de transport en commun dans les agglomérations de plus de 200.000 habitants ne sont pas autorisés à utiliser les fonds fédéraux pour le fonctionnement des parcs d’autobus. Bien sûr, ils peuvent acheter autant de trains, bus, abris, rails ou autre équipement qu’ils peuvent. Le problème est que beaucoup de ces nouveaux bus étincelants restent immobiles dans l’entrepôt parce que les systèmes de transport sont sans un sou. Leurs fonds fédéraux ne peuvent pas être utilisés pour sauvegarder un service indispensable ou pour éviter des mises au chômage,

International Executive Vice President 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 – bbaker@atu.org

LARRY R. KINNEAR

Ashburn, ON – lkinnear@atu.org

RANDY GRAHAM

Gloucester, ON – rgraham@atu.org

JAVIER M. PEREZ, JR.

Kansas City, MO – jperez@atu.org

RICHARD M. MURPHY Braintree, MA

BOB M. HYKAWAY

Calgary, AB – bhykaway@atu.org

CHARLES COOK

Si vous ne connaissez pas la clause des 200.000, vous n’êtes pas seul. C’est une clause spécifique dans toute sa splendeur. Quatre vingt dix neuf pour cent des hommes de loi du Capitole qui réellement créèrent cette clause nuisible à l’époque de Gingrich n’en n’ont même pas bien pris connaissance. Mais, ils commencent à en voir les conséquences aujourd’hui. Plus de 3.000 employés de l’industrie des transports en commun ont été renvoyés ces douze derniers mois et plusieurs milliers d’autres vont être renvoyés bientôt. La plupart des systèmes de transport en commun ont dû réduire leurs services et augmenter leurs tarifs.

Au cours de cette dernière année, nous avons pu obtenir de l’aide. Grâce à nos efforts, 10% des dollars disponibles pour les transports en commun régis par la loi américaine sur le redressement financier et réinvestissement peuvent être utilisés pour le fonctionnement des systèmes de transport. Sans cette provision, des milliers de personnes qui conduisent ou réparent des bus aujourd’hui seraient maintenant sans travail.

Nous avons également travaillé pour qu’une nouvelle législation permettant d’obtenir un flux permanent de fonds fédéraux pour aider à l’exploitation des systèmes soit soumise au Congrès avec suffisamment de soutiens. Notre action a mis la lumière sur cette question.

Cependant, maintenant, notre campagne se déplace en dehors de Washington, D.C. Nous nous sommes alliés avec des syndicats confrères de l’industrie des transports en commun : Transport Workers Union (TWU), United Transportation Union (UTU) et d’autres groupes.

Ensemble, nous allons mener notre campagne dans les rues. Suite au rallye très réussi présentant une haute visibilité sur la colline du Capitole pour les transports en commun, nous avons d’autres rallyes prévus dans tout le pays dans un proche avenir et nous faisons équipe avec le Révérend Jesse Jackson qui nous a déjà aidé à faire passer le mot et à nous ouvrir les portes pour réaliser des manifestations avec succès à Chicago et New York. Si un rallye ou une manifestation a lieu dans votre région, joignez vous à nous pour protéger votre emploi !

Oui, nous en sommes à terre en ce moment. Les temps sont durs. Mais, comme le révérend Jackson déclare souvent, «il est temps de se battre, car être à terre n’est pas digne d’un champion».

Mes parents m’ont toujours enseigné qu’ils y a un certain nombre de lois que l’on doit respecter. Mais, malgré tout le respect que je leur dois, la loi des 200.000 n’en fait pas partie.

Petaluma, CA – ccook@atu.org

WILLIAM G. McLEAN

Reno, NV – wmclean@atu.org

JANIS M. BORCHARDT

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

RAY RIVERA

Lilburn, GA– rrivera@atu.org

International Representatives YVETTE SALAZAR

Thornton, CO – ysalazar@atu.org

ANTHONY WITHINGTON

Sebastopol, CA – awithington@atu.org

GARY JOHNSON, SR.

Cleveland, OH – gjohnson@atu.org

DENNIS ANTONELLIS

Spokane, WA – dantonellis@atu.org

KAREN MILLER-LEWIS

Memphis, TN – kmiller@atu.org

Canadian Council ROBIN G. WEST

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

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IN TRANSIT

UN MENSAJE DEL PRESIDENTE INTERNACIONAL POR WARREN S. GEORGE LLEVANDO NUESTRA VOZ A LAS CALLES En el juego de béisbol, si el bateador falla en tres oportunidad en hacer contacto con la pelota, es declarado “ponchado.” En el juego llamado Monopolio, si pasa el letrero titulado “adelante”, usted puede cobrar $ 200. Y, como siempre trate a sus padres con respeto.

Estos son los reglamentos que la mayor parte de nosotros bien conocemos. ¿Pero ha oído usted alguna vez del Reglamento “200,000?” Esta es una minúscula y arcaica cláusula contenida en la ley que dice que los sistemas de transito en los Estados Unidos, en áreas urbanas con una población que exceda el número 200,000, no pueden utilizar sus fondos federales de transito para mantener la operación de los autobuses. ¡Sí, señor! Ellos pueden comprar tantos trenes, autobuses, refugios contra la intemperie, vía férrea, o cualquier otro equipo que sus fondos les permitan. El problema es que muchos de esos nuevos y relucientes autobuses están estacionados en el garaje sin ser utilizados porque el sistema de transito está arruinado. Su dinero federal no puede ser utilizado para rescatar un servicio crítico para la comunidad, o prevenir el desempleo temporal.

Si usted no está familiarizado con el reglamento 200,000, usted no es la única persona que no lo conoce. Esto representa el mejor ejemplo del juego “béisbol de adentro.” Noventa y ocho por ciento de los legisladores en el Congreso Nacional, quienes actualmente crearon esta nociva ley durante la era controlada por Gingrich, ni siquiera están familiarizados con dicho reglamento. Pero ellos ahora están comenzando a notar los resultados de dicha acción. Más de 3,000 trabajadores en la industrial del transporte público han sido temporalmente despedidos de sus empleos durante el último año, y miles más enfrentan despidos similares en un futuro próximo. La mayoría de los sistemas has sido forzada a reducir drásticamente el servicio de transito y a aumentar las tarifas.

Durante el pasado año, nosotros hemos podido conseguir algún alivio al respecto. Como resultado de nuestros esfuerzos, un 10% de los dólares del transito han estado disponibles bajo la Ley de Reinversión y Recuperación Económica Nacional, y dichos fondos pueden ser utilizados para gastos de operaciones. Sin esta disposición, miles de personas que actualmente conducen, reparan o mantienen un autobús estarían desempleadas. Nosotros hemos trabajado arduamente para promover la introducción de proyectos de ley en el Congreso Nacional, con apoyo substantivo, las cuales permitirían la disposición de una fuente permanente de fondos federales para ayuda en las operaciones del transito, y esto ha venido a causar que este tema haya sido puesto en relieve nacional de primer plano.

Ahora, sin embargo, nuestra campaña se está moviendo hacia las afueras de Washington, D.C. Nosotros hemos logrado coalición de trabajo con otras organizaciones sindicales hermanas en la industria del transito; el Sindicato de Trabajadores del Transporte – Transport Workers’ Union (TWU), el Sindicato Unido del Transporte – United Transportation Union (UTU) y otros grupos. Unidos, nosotros estamos llevando nuestra voz a las calles.

Después de una muy exitosa concentración pública sobre el transito en frente del Capitolio, la cual recibió cobertura de alto perfil, nosotros estamos planificando otras concentraciones y mítines públicos en varias partes del país en un futuro próximo. También hemos adoptado planes coordinados con el Rev. Jesse Jackson, quien ya ha rendido gran ayuda a nuestras actividades, dándole publicidad comunitaria a esos eventos. También ha abierto otras puertas y senderos de apoyo a través de eventos exitosos celebrados en las ciudades de New York y Chicago.

Si una de estas concentraciones o mítines toma lugar en el área donde usted reside, ¡únase a nosotros en los esfuerzos de proteger su empleo!

Sí! Actualmente las cosas no son buenas para nadie. Este es un período bien difícil para todos nosotros. Según declara con frecuencia el Rev. Jesse Jackson…. “ha llegado la hora de levantarnos y defender lo nuestro, porque el suelo no es el terreno de un campeón.”

Mis padres siempre me enseñaron que había ciertos reglamentos con los cuales teníamos de cumplir y respetar. Y con todo mi respeto a ellos, el reglamento “200,000” no es uno de esos reglamentos dignos de respeto.

www.atu.org

A MESSAGE FROM THE INTERNATIONAL PRESIDENT

Taking it to the Streets

I

n baseball, it’s three strikes and you’re out. If you are playing Monopoly, pass “go” and you collect $200. And, always treat your parents with respect. These are the rules that most of us know.

But have you ever heard of the “200,000 Rule?” It’s the tiny, archaic provision in the law that says U.S. transit systems located in urban areas above 200,000 in population may not use their federal transit funds to keep the buses rolling. Oh yes, they can purchase as many trains, buses, shelters, tracks or other equipment as they can afford.

The problem is that many of those new shiny buses are sitting idly in the garage because the transit systems are broke. Their federal money cannot be used to save critical service or prevent layoffs.

‘INSIDE BASEBALL’

‘if you are not familiar with the 200,000 rule, you are

If you are not familiar with the 200,000 Rule, you are not alone. This is “inside baseball” at its best (or worst!). Ninety-nine percent of the lawmakers on Capitol Hill who actually created this harmful law in the Gingrich era are not even aware of it. But they are starting to see the results of it today.

not alone. ‘this is

More than 3,000 workers in the public transportation industry have been laid off in the last year, and thousands more are set to be laid off soon. The majority of systems have been forced to slash service and raise fares.

‘inside baseball’ at

During the past year, we have been able to get some relief. As a result of our efforts, 10 percent of the transit dollars made available under the American Recovery and Reinvestment Act may be used for operations. Without this provision, thousands of people who are now driving or fixing a bus would be out of work.

its best (or worst!).’

We have also worked to get legislation introduced in Congress with significant support that would provide a permanent stream of federal funds for operating assistance, and this has put a spotlight on the issue.

Now, however, our campaign is moving outside of Washington, DC. We have joined with our sister unions in the transit industry, the Transport Workers’ Union (TWU), the United Transportation Union (UTU) and other groups. Together, we are taking it to the streets.

JOIN US Following a very successful, high profile transit rally on Capitol Hill, we have more rallies planned around the country and we have teamed up with Rev. Jesse Jackson, who has already helped us to get the word out and open doors with successful events in Chicago and New York.

If a rally or event is near your area, join us in protecting your job!

Yes, we are down right now. Times are tough. But as Rev. Jackson often states, “it is time to fight back, because the ground is no place for a champion.”

My parents always taught me that there were certain rules that we must live with. With all due respect to them, the 200,000 Rule is not one of them.

P.S. — U.S. MEMBERS: If you haven’t done so already please get to a computer and log on to your “Personal URL” located on the front cover wrap that we have attached to the U.S. edition.

This will automatically send a message to your House Member and Senators urging them to change the “200,000 Rule.” It couldn’t be easier.

www.atu.org

MARCH / APRIL 2010

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2010 Vol. 119`, 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

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International President’s Message Taking It to the Streets

4

Magazine Index

5

International Executive Vice President’s Message Facing Change in Contractor Employers

6

International SecretaryTreasurer’s Message ATU-COPE Supports Our True Friends

7 Know Your Rights

DOT Establishes New Federal Texting Ban 8

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11

12

13

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15

Fifty-Sixth International Convention Call

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21

22

Congressional Allies Support Public Transit at ATU-CTAA Rally

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Winnipeg Members Cut Hair to Cure Cancer

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Canadian Agenda Toronto Local to TTC Riders: ‘Let’s Talk’ Canadian Council Conference Call DOT Secretary Meets with ATU, APTA Decides to Seek Temporary Operating Aid

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A Message from the International President Taking It to the Streets

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Convention Call – 56th Convention September 26–October 1, 2010 Lake Buena Vista, FL

Canadian Agenda Toronto Local to TTC Riders: ‘Let’s Talk’

Candian Council Conference Call June 2–5, 2010 Moncton, New Brunswick

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ATU, TWU, UTU, RPC Convene Rally to Save Public Transit Public Transportation in Serious Funding Crisis Eastern CAN-AM 2010 Conference Notice 2010 Legislative Conference Legislative Conference Launches National Campaign for Operating Assistance, Jobs

Local News Arbitration Decision ATU Local 1700 and Greyhound Lines, Inc.

In Memoriam ATU Activist St. Louis Member Has Passion for Organizing Local Union Updates

IN TRANSIT

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Public Transportation in Serious Funding Crisis

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COVER STORY Legislative Conference Legislative Conference Launches National Campaign for Operating Assistance, Jobs

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: David F. Highnote. 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.

www.atu.org

A MESSAGE FROM THE INTERNATIONAL EXECUTIVE VICE PRESIDENT

Facing Change in Contractor Employers

I

n my last In Transit column, I wrote about private-public partnerships and what locals should do to ensure that their members do not suffer loss of wages, benefits and working conditions as a result of such agreements. In this article, I will discuss some pre-emptory actions locals can take to ensure that their members do not become victims of these ever increasing private-public partnerships.

First, if any contracts administered by your local are put out to bid by the public entity, the leadership of your local needs to know when that contract between your public employer and current contractor expires. The public entity will usually put a new contract out for bid six months before the existing contract expires, but that time may vary depending on a variety of factors.

REQUEST FOR PROPOSAL The public entity puts the contract out for bid in a document known as a Request for Proposal (RFP). The RFP outlines the service to be performed and lists requirements set forth that prospective bidders must address in their bids for the contract.

Once the RFP has been issued, the public entity usually schedules meetings to answer questions about the contract that prospective bidders may have, and to give out more information about the contract as may be necessary. This meeting should be open to the public.

Prior to the meeting, the local union leadership should request a list of prospective bidders who expressed an interest or intent to bid on the contract. This is public information. The local union president and other officers should attend this meeting.

‘the prospective bidders should be advised that in future negotiations… the local will be seeking increases in all areas…’

At the meeting, the local union president and other officers present should be prepared to give each prospective bidder a packet which contains a copy of the collective bargaining agreement, and any other information relevant to the wages, benefits and working conditions between the local union and current contractor. If your pubic entity is a party to a Section 5333b (formerly 13c) agreement, they should also enclose a copy of that agreement.

SECTION 13(c) AGREEMENT? If the local is unsure whether the property is covered by a 13(c) agreement, or they don’t have a copy of the agreement, contact the International office. Only fixed route and paratransit operations who receive federal monies may be subject to Section 13(c) requirements. School bus contracts are not covered by such requirements.

A cover letter from the local union should accompany packets given to each prospective bidder. The letter should introduce the local, and inform the prospective bidder that the public entity contract they are bidding on is covered by a collective bargaining agreement, and any bid they submit should address provisions of that bargaining agreement such as minimum wages, benefits and working conditions.

The prospective bidders should be advised that in future negotiations for a successor agreement, the local union will be seeking increases in all areas, and recommend that they bid accordingly. Again, if the local officers need assistance in preparing your prospective employer packets and cover letter, contact the International office for assistance.

(continued on page 20)

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MARCH / APRIL 2010

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A MESSAGE FROM THE INTERNATIONAL SECRETARY-TREASURER

ATU-COPE Supports Our True Friends ‘more than ever we need to be supporting our friends – and i mean our real friends…’

I

n this time of high unemployment, massive layoffs and fare hikes within our nations’ transit systems, it is easy to become disgruntled with our elected officials and want to turn our back on politics.

This is something we can ill afford to do.

More than ever, we need to be supporting our friends – and I mean our real friends – on Capitol Hill and in our state, provincial and local offices – friends like Rep. Russ Carnahan from St. Louis, MO, and Sen. Sherrod Brown from Ohio, who have each introduced legislation to allow U.S. federal transit funding to be used for operating assistance. If passed, this legislation would save thousands of ATU jobs and bring back many others that have been eliminated in this bad economy.

WHY WE NEED TO INCREASE OUR SUPPORT FOR ATU-COPE Carnahan and Brown, along with the other 106 members of Congress who have signed on to support this legislation, are examples of why we need to continue to grow our political program through increased contributions to ATU-COPE. Too often, the media focuses attention on those who have, unfortunately, turned their backs on the people who put them in office, or those who have not fought hard enough for working men and women. And while we have every right to be angry at those lawmakers, it is just as important that we continue to support those who keep fighting for us everyday!

FOUGHT FOR US – AND WON – AGAINST THE ODDS Despite the strong backlash by some constituents and, at times, doubtful odds of passage, Rep. George Miller from California, Sen. Tom Harkin from Iowa, and hundreds of other members of the House and Senate fought for and won health care for all Americans. Similarly, Rep. James Oberstar from Minnesota and Rep. Earl Blumenauer from Oregon, push every day to increase funding for mass transit.

I am calling on you to make a contribution to ATU-COPE today so that we can continue to support these friends and the countless other federal, state, provincial and local legislators who battle for our rights on a daily basis.

If you are a member of the ATU in the U.S., please fill out the ATU-COPE check-off card on the back cover “wrap” of this In Transit and return it to your local union officers.

CANADIAN CONTRIBUTIONS If you are a Canadian member, you may contribute by sending a check, payable to ATU Canadian Council COPE Fund, to ATU Canadian Council, 61 International Blvd., Suite 201, Rexdale, ON M9W 6K4.

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IN TRANSIT

www.atu.org

KNOW YOUR RIGHTS: DOT Establishes New Federal Texting Ban T

he Obama Administration and U.S. Department of Transportation Secretary Raymond LaHood have recently enacted prohibitions of cellular telephone text messaging activities by operators of certain vehicles. Statements by Secretary LaHood and significant subsequent legislative activity at the state level also forecast the likelihood of new restrictions on cellular telephone activities in vehicles beyond those currently in place.

According to the Governors Highway Safety Ascociation, 19 states, the District of Columbia and Guam currently ban text messaging for all drivers while six other states, the District of Columbia and the U.S. Virgin Islands prohibit all handheld cellular telephone usage by anyone driving a motor vehicle. (See http://bit.ly/2jDHUq.)

BACKGROUND LaHood announced the DOT’s plan to pursue certain regulatory actions at a Distracted Driving Summit convened last September. The Department subsequently launched a website (www.distraction.gov) to serve as a comprehensive source of information on distracted driving.

Shortly thereafter, on October 1, 2009, President Obama issued an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles.

More recently, on January 26, LaHood announced new federal guidance, based on the Department’s interpretation of standing rules, that prohibits text messaging while driving Federal Motor Carrier Safety Administration-regulated commercial vehicles such as large trucks and over-the-road buses. Violators of this prohibition, which took effect immediately, could be subject to civil or criminal penalties up to $2,750.

GUIDANCE ON TEXTING BY DRIVERS OF COMMERCIAL VEHICLES Although current federal regulations do not include an explicit prohibition of texting by truck and bus drivers, LaHood took the position that the general restriction against the use of additional equipment and accessories which decrease the safety of operating commercial motor vehicles applies to the use of electronic devices for texting.

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The January 2010 regulatory guidance provided by the Transportation Department through the Federal Register clarified that “[h]andheld or other wireless electronic devices that are brought into a [commercial motor vehicle] are considered ‘additional equipment and accessories’ within the context of [49 C.F.R.] § 390.17.” Because research has shown that texting (which the Department specifies as “the review of, or preparation and transmission of, typed messages through any such device or the engagement in any form of electronic data retrieval or electronic data communication through any such device”) while driving decreases the level of safety while operating the commercial vehicles because the activity involves a combination of visual, cognitive and manual distraction from the driving task, the DOT found the use of electronic devices for texting by commercial motor vehicle operators while driving on public roads in interstate commerce is prohibited by 49 C.F.R. § 390.17.

THE LIKELIHOOD OF ADDITIONAL RELATED CHANGES Explicit statements contained in the new regulatory guidance, as well as subsequent actions of LaHood, make it clear that legal prohibition of texting and/or talking on a cell phone while driving will become more widespread in the near future.

On February 22, LaHood unveiled sample legislation intended to be used as a starting point for states crafting new laws to prohibit texting while behind the wheel. The draft statute would authorize law enforcement officers to stop a vehicle and issue a citation to drivers who are texting while driving. (A copy of the model bill can be found at: http://bit.ly/aoDwLJ.) In addition, legislation has been introduced in the U.S. Senate that would require all states to either ban texting while driving or lose a significant portion of their allocated federal highway funds. The January 26 regulatory guidance also noted that the use of electronic devices and cellular telephones for purposes other than text messaging while driving will soon be addressed in notice-and-comment proceedings aimed at more formal rulemaking.

Although the precise extent of potential prohibitions against using electronic devices while driving is unclear, it is readily apparent that more restrictive changes are on the horizon and ATU members need to be mindful of them.

MARCH / APRIL 2010

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Fellow ATU Members: In compliance with the Constitution and General Laws of our Union, I am notifying you that the Fifty-Sixth Convention of our Union will convene at the Convention Center at Disney’s Contemporary Resort, 4600 North World Drive, Lake Buena Vista, FL 32830, on Monday, September 27, 2010, at 9:00 a.m.

BASIS OF REPRESENTATION The basis of representation regulating the election of delegates to the Convention is found in the following sections of the Constitution and General Laws:

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AMALGAMATED TRANSIT UNION FIFTY-SIXTH INTERNATIONAL CONVENTION

Convention Call Fifty-Sixth Convention from the International Headquarters of the

Amalgamated Transit Union

5025 Wisconsin Avenue, NW • Washington, DC 20016-4113

April 1, 2010

Section 6.4 Representation; L.U. The basis of representation to the Convention shall be one (1) delegate for each L.U. [Local Union] having three hundred (300) or fewer members. A L.U. having three hundred and one (301) up to six hundred and fifty (650) members shall be entitled to two (2) delegates. A L.U. having six hundred and fifty one (651) up to nine hundred and fifty (950) members shall be entitled to three (3) delegates. A L.U. having from nine hundred and fifty one (951) up to twelve hundred and fifty (1,250) members shall be entitled to four (4) delegates and for each additional four hundred (400) members or fraction thereof, shall be entitled to one (1) additional delegate. In totaling membership only those in good standing for the month of May preceding the Convention are to be counted. In case special Conventions are called, basis for representation shall be the membership in good standing for the month in which the call for the Convention is issued.

NOTE: In accordance with Section 6.4, representation of Local Unions will be based on the membership of the Local in good standing for the month of May preceding the Convention. Accordingly, credentials cannot be forwarded to Locals until the May 2010 monthly membership report has been received at the International Office.

Section 6.5 Representation; J.B.C. The basis for representation to the Convention by a J.B.C. [Joint Bargaining Council], formed for collective bargaining purposes pursuant to Section 24 of [the] Constitution, shall be one (1) delegate, except that a J.B.C. representing more than five thousand (5,000) members shall be entitled to two (2) delegates. A J.B.C. representing more than twelve thousand (12,000) members shall be entitled to three (3) delegates. No member represented by the J.B.C. who is, by virtue of his or her office in the L.U. or otherwise, a delegate from his or her L.U., shall be eligible to serve as delegate from the J.B.C. Delegates from a J.B.C. shall not have the right to vote in the election of International officers unless elected by secret ballot vote among the membership represented by the J.B.C. The provisions of the Constitution relating to delegates from L.U.s shall also govern delegates from a J.B.C. unless clearly inapplicable.

Section 6.6 Representation; C.C. The C.C. [Canadian Council] shall be entitled to one (1) delegate.

No member of a Canadian L.U. participating in the C.C. who is, by virtue of his or her office in the L.U. or otherwise, a delegate from his or her L.U., shall be eligible to serve as delegate from the C.C. The delegate from the C.C. shall not have the right to vote in the election of International officers.

The provisions of [the] Constitution relating to delegates from the L.U.s shall also govern the delegate from the C.C. unless clearly inapplicable.

DELEGATES Section 6.7 Delegates. The election of delegates must be held at least six (6) weeks previous to the Convention. A member, to be eligible to run for delegate, must have been a member in continuous good standing of his or her L.U. the two (2) years next preceding the day of the nomination meeting.

When a L.U. has not been in existence for the two-year period, the L.U. shall elect its other delegates from among its members.

Except where, pursuant to Section 14.2 of [the] Constitution, a meeting attendance requirement is imposed as a condition of eligibility for such an office, the president-business agent, F.S./B.A., or R.S./B.A. where applicable, shall, by virtue of his or her office, be the first (1st) L.U. convention delegate and the F.S. (president in L.U.s where the president is not B.A.) shall, by virtue of his or her office, be the second (2nd) L.U. convention delegate and the election ballot shall in each instance so state.

Except where, pursuant to Section 14.2 of [the] Constitution, a meeting attendance requirement is imposed as a condition of eligibility for any such office, a L.U. may provide in local bylaws that local officers and executive board members may be delegates to Conventions of the A.T.U. by virtue of their office. In such case, where the number of executive board members exceeds the number of convention delegate positions allocated to the L.U. under Section 6.4, the

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IN TRANSIT

www.atu.org

L.U. shall designate by position and limit the number of delegates elected by virtue of their offices to the total number of delegate positions. The remaining executive board members shall be elected to numbered positions as alternate delegates for purposes of filling vacancies and any additional delegate positions to which the L.U. may finally be entitled under Section 6.4. The local officers and executive board members elected as delegates and alternate delegates by virtue of their office under the L.U. bylaws shall represent the L.U. as convention delegates to the extent of the available positions. Where L.U. bylaws provide that local officers and executive board members may be delegates to Conventions of the A.T.U. by virtue of their office, the ballot must state “and Convention Delegate” or “and Alternate Delegate”, as appropriate, after each such office.

Section 6.8 Alternates. L.U.s shall provide in their bylaws for the election of alternate delegates to the Convention by secret ballot, provided that nothing herein shall prohibit L.U.s from providing in their bylaws that L.U. officers may serve as alternate delegates by virtue of their office unless and except where, pursuant to Section 14.2 of [the] Constitution, a meeting attendance requirement is imposed as a condition of eligibility for such an office.

Section 6.9 Disqualifications. Members who have voluntarily left the service in which the L.U. or J.B.C. or the I.U. is engaged, shall not be eligible as delegates to a Convention of this Union and no member elected as a delegate who has left the active service for reasons other than retirement upon pension shall be seated or serve as a delegate to a Convention of this Union.

Section 6.15 Excused Absences. The policies, laws and plans for the direction of this Union shall be adopted and put into force from time to time by direction of the regular Conventions of this Union, and it shall be the duty of each and every local of this Union to be represented at these Conventions by one (1) or more delegates. No L.U. shall be excused from being represented except from distressed conditions, owing to lockouts, strikes or causes of that kind. In such cases the L.U. affected shall apply to the I.P. no later than the tenth (10th) of May in the year in which the Convention is held for permission to be excused from sending delegates to the Convention. The I.P. shall investigate and rule upon such applications. Unless excused by the I.P., all L.U.s shall be represented as this Constitution provides.

Laws, except as herein provided, shall be considered by Conventions, except on permission or direction by vote of two-thirds of the delegates present.

VOTING Section 6.11 Voting. Each delegate shall be entitled to one (1) vote, no proxy votes being allowed.

EXPENSES Section 6.13 Delegate Expenses. The I.U. shall pay one thousand dollars ($1,000.00) to each L.U, J.B.C., and C.C. towards the mileage and legitimate expenses of a L.U., J.B.C. and C.C.’s first delegate and an additional seven hundred and fifty dollars ($750.00) to a L.U., J.B.C. and C.C. sending two (2) or more delegates. All other mileage and legitimate expenses for delegates shall be borne by the L.U., J.B.C. and C.C. they represent.

NOTE: Pursuant to Section 6.2 the General Executive Board has enacted to require payment of a registration fee of $175 for each delegate and guest ($50 for guests under 12 years of age).

HEADQUARTERS The headquarters for the Convention will be the Convention Center at Disney’s Contemporary Resort, 4600 North World Drive, Lake Buena Vista, FL 32830. All requests for hotel reservations must be made through the hotel itself, either by calling 1-407-824-3869, or by using the ATU-dedicated internet reservation process which can be accessed via the link posted on the International Union’s website (www.atu.org). (Any reservations made by other means, including a travel agent or an internet travel service, will not receive the negotiated group rate.)

HOTEL RATES The Convention hotels are Disney’s Contemporary Resort and Disney’s Polynesian Resort. The daily guest room rate is: $185.00 (USD) for single or double (plus 12.5% applicable tax).

CREDENTIALS

TRANSPORTATION

Section 6.10 Credentials. Each delegate shall establish his or her claim to a seat by credential signed by the president and R.S. [recording secretary] of the L.U. he or she represents, with the seal of said L.U. attached. L.U.s shall send names of the respective delegates and alternates elected to the International office of the A.T.U. at least four (4) weeks prior to the date of the Convention. Credentials shall be given each delegate elected, signed by the president and R.S. and the seal of the L.U. attached thereto.

Delegates must make their own arrangements for transportation individually or in groups by bus, rail, air or private automobile according to their own desires. Free transportation and luggage assistance to the hotels is provided through Disney’s Magical Express Service.

Section 6.14 Financial Requirements. Delegates shall not be entitled to a seat in the Convention unless all taxes and assessments of their L.U. have been paid in full.

RESOLUTIONS Section 6.16 Resolutions. Resolutions contemplative of amendments to the Constitution and General Laws of the I.U. shall first be approved by the L.U. and bear its official seal and then shall be forwarded to the International office in time to be in the hands of the I.P. not later than the first (1st) of August in the year in which the Convention is held. Such resolutions so received by the I.P. shall be printed and placed in the hands of convention delegates at the opening of the particular Convention at which said resolutions are proposed to be presented. All resolution(s) received by the first (1st) of April in the year in which the Convention is held will be published in the May/June issue of In Transit in the year in which the Convention is held. No resolution contemplative of amending the Constitution and General

www.atu.org

ATTENDANCE I call to the attention of each Local Union Section 6.15 of the Constitution, which provides that it shall be the duty of every Local Union to be represented at the Convention by one or more delegates.

VALUE OF ATTENDING The laws and policies of this Union are amended and adopted by the Conventions of our Union. It is essential that all of our Local Unions recognize the importance of the coming Convention and arrange to send delegates.

I therefore look forward to seeing all Local Unions and Joint Bargaining Councils represented by full delegations, I remain,

In solidarity,

Warren S. George International President

MARCH / APRIL 2010

9

Canadian Agenda TORONTO LOCAL TO TTC RIDERS: ‘LET’S TALK’

L

ocal President Bob Kinnear, 113-Toronto, ON, on March 31, released details of three town-hall-style meetings the ATU will hold with Toronto Transit Commission riders about improving customer service.

Kinnear had promised the meetings at a media conference on February 9, at a time when TTC workers were under intense public scrutiny. A picture published in late January on the front page of the Toronto Sun of a subway station collector who had dozed off late on a Saturday night touched off a frenzy of picture taking by transit users and a brief rash of negative encounters between TTC staff and a small number of passengers.

Kinnear publicly asked that the picture-taking stop but acknowledged “there are things we as workers can do to improve the customer experience.”

He said the face-to-face meetings would be arranged to promote open dialogue and mutual respect between TTC workers and riders.

STREAMED LIVE ON THE INTERNET “Our name for this initiative is ‘Let’s talk,’” said Kinnear. “And that’s what we intend to do. We’re extending an open invitation to the public to attend three meetings in the coming weeks on Sunday, starting at 1:00 pm. The meetings will be broadcast on Rogers TV and streamed live on the Internet.”

“Ours goals for these meetings are both modest and large,” said Kinnear. “The modest part is that we hope people leave these meetings thinking they were glad they came. We hope people will see that our

union is open to criticism, welcomes public dialogue and wants to make things better. We also hope that the public gains a better understanding of the challenges of our work.

“We know our members will be watching as well and we believe they will also benefit from the dialogue.”

A NEW BEGINNING “The larger ambition is that we want this process to be the platform for a new beginning of a positive relationship between transit users and workers. We are tired of the negative and unproductive ‘us vs. them’ climate that is distracting the city from the very serious issues facing public transit in Toronto.”

Kinnear said each meeting will be run by an impartial moderator who is not affiliated with the union and is known for their publicspiritedness.

The April 11 moderator was John Tory, a well-known former politician, host on Newstalk 1010, and Chair of the Toronto City Summit Alliance.

The April 18 moderator was Diane O’Reggio, a distinguished social and political activist and currently president and CEO of the Nelson Mandela Children’s Fund (Canada).

The May 2 moderator will be announced soon.

Each meeting will feature the moderator, Kinnear, and four other Local 113 members who have volunteered to answer the public’s questions. Additional frontline TTC workers will be available to talk to the public before and after the formal meeting.

‘THINGS CAN BE BETTER’ “We believe that if TTC workers and riders work together, things can be better. And we commit to Toronto that we will do our part. The union will be taking to heart what it learns at these meetings and we will respond with future initiatives that will show this to be a meaningful and useful process.”

The union has set up a Facebook page to promote the meetings: Let’s Talk: TTC Riders & Workers. Details are also available on Local 113’s website: www.WeMoveToronto.ca.

Local President Bob Kinnear, 113-Toronto, ON, speaking at a press conference, March 31, announcing three public meetings with TTC riders. (TONY BOCK/GETSTOCK.COM)

10

IN TRANSIT

www.atu.org

AMALGAMATED TRANSIT UNION CANADIAN COUNCIL SYNDICAT UNI DU TRANSPORT CONSEIL CANADIEN

CONFERENCE CALL Wednesday, June 2nd to Saturday, June 5th, 2010 at the Delta Beauséjour 750 rue Main Street, Moncton, New Brunswick E1C 1E6 1-888-351-7666 Telephone EXECUTIVE BOARD MEETING

HOTEL ACCOMMODATIONS

LOCAL REPORTS

Wednesday, June 2nd, 2010, will be set aside for the presentation of Local reports. Please have a copy of your written report available for the Secretary to the Board for the purpose of the minutes.

Please call the hotel directly at 1-888-351-7666 to make your reservation stating you are with the Amalgamated Transit Union Canadian Council. The cut-off date for the hotel is Monday, April 26th, 2010.

ELECTIONS

REGISTRATION FEES

The Executive Board of the Canadian Council will meet on Monday, May 31st and Tuesday, June 1st, 2010 at 9:30 AM

Elections will not be held this year as there are no open seats on the Canadian Council Executive Board.

DELEGATE REPRESENTATION

As per Article 6.05 of the Canadian Council By-Laws, delegate status will be based on Per Capita paid for the month of March 2010.

DELEGATE EXPENSES

Room rates (plus applicable taxes) have been established at $149.00 per night, single or double occupancy.

Delegates, Alternate Delegates Visitors, Spouses

$100.00 $50.00

The above amounts are to be paid to the Canadian Council office when registration forms are submitted, as per Article 6.03 and 6.04 of the Canadian Council By-Laws.

As per Article 16.01 of the Canadian Council By-Laws, any Local submitting a claim will have their claim reviewed by the Executive Board for a decision.

REGISTRATION DATE AND TIME

In accordance with Article 16.01 of the Canadian Council By-Laws, the following procedures will apply before any financial assistance will be granted to any Local making application:

GOLF TOURNAMENT

1. Any Local applying must first of all comply with the airfare cost; “Lowest rate available”.

2.

Most importantly, “Where a Local Union is unable to send a delegate due to financial constraints, upon written request to the Canadian Council with such proof.” The proof that will be required shall be the most recent audited financial statement of the Local Union submitted to the International office and any other pertinent information that will assist the Executive Board in arriving at a fair decision.

www.atu.org

Conference registration will take place: Wednesday, June 2nd - 7:00 AM to 9:00 AM

The Host Locals are having a golf tournament on Tuesday, June 1st, 2010, for all delegates and guests of the Canadian Council Conference.

The course location, green fees, and registration forms will be included with the Final Conference Call.

BANQUET

A banquet will be held on Friday, June 4th, 2010. Details of the location of the banquet will follow in the Final Conference Call.

Return bus transportation will be provided from the hotel. The dress code for the evening is casual.

MARCH / APRIL 2010

11

DOT Secretary Meets with ATU, APTA Decides to Seek Temporary Operating Aid While the ATU and the Rainbow PUSH were convening a group of transit labor leaders in Chicago to establish a union alliance to work for operating assistance, Secretary of Transportation Ray LaHood published a comment on his DOT blog announcing his support for allowing transit agencies to use up to 10 percent of their federal transit funding for operating costs until the passage of a new surface transportation authorization bill.

The March 26 announcement comes less that two weeks after LaHood met with International President Warren S. George, and Rev. Jesse L. Jackson at the ATU Legislative Conference in Washington, DC. International President George responded to the announcement saying, “We are heartened by Secretary LaHood’s understanding of the crisis and his willingness to endorse, at least, this stop-gap measure. The ATU will continue to work hard to convince both the administration and Congress that this change must be made permanent in order for America’s transit systems to survive in the 21st Century.”

International President Warren S. George (right) greets Secretary of Transporation Raymond LaHood at ATU’s 2010 Legislative Conference.

In his blog comment reprinted below, the transportation secretary acknowledges the role meetings with ATU officers and others played in his decision:

Secretary of Transportation Ray LaHood at the ATU Legislative Conference in Washington, DC, March 15.

Economy Roughs Up Transit, Thousands of Jobs in the Balance

Times are tough right now. The folks in the transit world know this as well as anyone.

I have spoken personally to mayors and other local officials around the country about the challenges they’re dealing with on their transit systems, and it’s not pretty.

Although public transit provided over 10.2 billion rides in 2009, the recession has dented ridership revenues. What’s worse for the transit climate is that the states – strapped for cash – are pulling back funds from local transit agencies. Without the American Recovery and Reinvestment Act, with its support for state governments and its transit grants, furloughs and reductions would certainly be worse. But this situation calls for further action.

Recently, I spoke to the members of the American Public Transportation Association, and – over and over again – I heard about the unpleasant choices they’re facing, particularly in meeting operating costs. The folks I talked with at the Amalgamated Transit Union are equally concerned.

– Secretary of Transportation Ray LaHood

TRANSIT SERVICES ARE ESSENTIAL Read the news and you’ll see: from Sacramento to New York City, and from Chicago to Atlanta, transit agencies across the country are being forced to cut services or increase fares – sometimes both.

But transit services are essential for getting people who can’t afford a car to the jobs they count on. And the most vulnerable of these workers often rely on the very same routes being slashed.

Hospital employees on the early shift can’t afford the news that their 4:30 a.m. bus is no longer running. Hotel workers trying to get home from the late shift need a subway line that’s still running to their neighborhood.

Cleaning crews, emerging from deserted downtown office buildings in the middle-of-the-night, don’t feel safe waiting – often alone – at unsheltered bus stops for long stretches of time. (see LAHOOD on page 14)

Amalgamated Transit Union, Transport Workers Union, United Transportation ATU and the Rainbow PUSH Coalition (RPC) joined forces in Chicago on March 26, to convene a meeting of representatives of the three top mass transit unions – the ATU, the Transport Workers Union (TWU), and the United Transportation Union (UTU) – to save public transit in the United States. Other unions and community supporters are expected to join the effort as well.

A news conference was held a week later on March 31, in New York City to further publicize the new campaign.

Rev. Jesse L. Jackson, head of the RPC, has backed the effort with appearances in Chicago, IL; New York, NY; and in meetings with ATU locals Portland, OR (Local 757), Detroit, MI (Local 26), and Atlanta, GA (Local 732). He is also expected at rallies for public transit that are being planned for other venues throughout the United States.

International President Warren S. George (at podium) addresses the rally for public transit, March 27, in Chicago, IL. From left, to the left of George is Rev. Jesse L. Jackson, and (partially hidden) ATU Local President Darrell Jefferson, 241-Chicago, IL. To George’s right is Transport Workers Union International Executive Vice President Harry Lombardo, TWU Local 100 President John Samuelson, and ATU Local President Bob Kelly, 308-Chicago, IL.

12

IN TRANSIT

The goal is to get Congress to permanently change the law prohibiting transit systems serving areas with populations over 200,000, from using their federal transit funds for operating expenses such as wages and administration.

Rallies are being scheduled in other cities around the country. Check www.atu.org www.atu.org frequently to find out when and where they will occur.

Public Transportation in

Serious Funding Crisis more than 80% of transit systems forced to raise fares or cut services

P

ublic transportation systems are facing unprecedented funding challenges due to widespread declining state and local revenues, and have been forced to take a number of critical actions including: raising fares, cutting service, and laying off employees, according to a new survey released March 31, by the American Public Transportation Association (APTA).

GEORGE: REPORT SHOWS NEED FOR OPERATING ASSISTANCE “The report speaks volumes about the need for Congress to pass the Carnahan bill in the House and Sherrod Brown bill in the Senate to allow U.S. transit agencies to use their federal subsidies for operating expenses,” asserted International President Warren S. George.

The report, Impacts of the Recession on Public Transportation Agencies, shows that since January 1, 2009, 84 percent of public transit systems have raised fares, cut service or are considering either of those actions. Fifty-nine percent of public transit systems report that they have already cut service or raised fares.

Service cuts that have been either implemented or will be considered for future action include: reductions in rush hour service (56%), reductions in offpeak service (62%), and reductions in geographic coverage (40%).

LAYOFFS The severity of the funding situation is evident with seven out of 10 public transit systems (69%) projecting budget shortfalls in their next fiscal year.

According to the report, public transit systems have taken significant personnel actions to reduce spending. A total of 68 percent of public transportation

systems have eliminated positions or are considering doing so in the future.

Nearly half (47%) of public transit systems have laid off employees or are considering layoffs in the future.

In addition, more than half (54%) of public transportation systems responding have transferred their own funds (not federal) from capital use to operations, thus aggravating efforts to keep systems in a state of good repair.

200,000 JOBS The ATU was successful in securing passage of legislation which allowed transit agencies serving populations over 200,000 to use up to 10 percent of their American Recovery and Reinvestment Act (ARRA) assistance for operating assistance. The ATU is leading a campaign to increase and make permanent the amount of federal transit dollars larger transit systems are allowed to use for operating expenses such as wages and administration.

APTA estimates that the ARRA supported and created more than 200,000 jobs, through both capital investment and up to 10 percent of funding for operating expenses. APTA’s survey found that about one-third of public transit systems used some of their ARRA funds to pay operating costs.

The report is based on a survey of 151 APTA transit system members representing more than 80 percent of the nation’s transit riders, and includes 19 of the top 25 agencies in terms of annual ridership.

To view the full report, go to: http://bit.ly/APTAimpacts.

n Union, and Rainbow PUSH Coalition Convene Rally to Save Public Transit

International President Warren S. George, left, and Rev. Jesse L. Jackson confer during a discussion concerning the formation of a labor union alliance to save public transit, March 26, at the Rainbow PUSH headquarters in Chicago, IL.

www.atu.org

A large group representing ATU members from across the U.S. gathered at the Rainbow PUSH headquarters in Chicago, IL, March 27, to hear Rev. Jesse Jackson, International President Warren S. George, representatives from the Transport Workers Union, and riders urge them to support an increase in federal operating assistance for U.S. transit agencies.

MARCH / APRIL 2010

13

ATU Eastern Can-Am Conference – July 20-25, 2010

T

he Can-Am Conference will be held from July 20-25, 2010, in Niagara Falls, ON, Canada. This comprehensive educational conference, which is open to all ATU local unions that are members of the Can-Am, gives attendees an opportunity to discuss various matters in their locals, exchange views and ideas, and join in solidarity in these times of trouble in both our great countries.

REGISTRATION

HILTON HOTEL & SUITES NIAGARA FALLS/FALLSVIEW

The registration fee for the conference is $120 for each delegate or guest (includes registration gift).

6361 Fallsview Blvd • Niagara Falls, Ontario

Toll Free Reservations 1-866-873-9829

Rocco Signorile Secretary-Treasurer

ATU Local 113

812 Wilson Avenue, Downsview, ON M3K 1E5

RESERVATIONS DEADLINE: June 20, 2010

ROOM TYPE

Contact Local 113 at 416-398-5113 for registration forms and information. Completed registration forms should be returned along with a cheque payable to “ATU Can-Am Conference” to:

TUE-THU

FRI

SAT

2 Queen Beds City View

$159

$159

$209

2 Queen Beds US Fallsview

$169

$199

$249

2 Bedroom Deluxe Suite City View

$169

$209

$259

2 Bedroom Deluxe Suite US Fallsview

$199

$229

$279

Register early to avoid any disappointment. Final agendas will be mailed to all registered locals in advance of the Conference.

AGENDA Please plan to arrive on Tuesday, July 20 and depart on Sunday, July 25.

Wednesday, July 21

3pm to 6pm

Registration

Thursday, July 22

9am to 12pm

Conference Sessions

after 12pm

Tours and Golf Available

Friday, July 23

9am to 4pm

Conference Sessions

6pm

Banquet at Brazilian Steakhouse

Saturday, July 24

9am to 12pm

Conference Sessions

($40/person) Hotel offers complimentary parking.

(LAHOOD continued from page 12)

agencies more flexibility to use a portion of their federal funds to cover operating costs during these tough economic times.

THOUSANDS OF TRANSIT EMPLOYEES OUT OF WORK OR FACING LAYOFF

WE NEED TO SUPPORT THIS INDUSTRY

And that’s not even to mention the thousands of transit employees nationwide who find themselves out of work entirely. In Atlanta alone, up to 1,500 transit workers are facing the possibility of layoff as that city considers eliminating 50 percent of its bus routes and reducing its rail service by 20 percent.

America’s transit agencies are hurting. That’s the simple fact. Significant service cuts and thousands of layoffs have been proposed.

And, although addressing these issues will always be a primarily local and state responsibility, the federal government should try to help. Accordingly, I will work with members of the House and Senate this year to see if we can allow transit

14

IN TRANSIT

Now, this cannot be a blank check. There must be limits.

And clearly, we’re talking about temporary assistance, not the normal course of business.

But for right now, we should do what we can to keep our trains and buses operating, to keep people working, and to keep people getting to the jobs they need so badly.

We need to support this industry so it can help families meet their daily needs all across the country.

www.atu.org

Legislative Conference Launches National Campaign for Operating Assistance, Jobs ‘OPERATING ASSISTANCE, JOBS’ “Operating Assistance, Jobs.” Those were the three words most frequently heard at the ATU Legislative Conference held March 15 - 17, in Washington, DC. Permanently changing the law to allow all transit agencies to use federal dollars for operating assistance – to save and create jobs – became the goal of a new alliance that emerged from the conference.

The importance of the issues facing transit was underlined by the caliber of speakers International President Warren S. George assembled for this year’s conference: Rev. Jesse L. Jackson, president of the Rainbow PUSH Coalition (RPC); Richard Trumka, president of the AFL-CIO; Ray LaHood, secretary of transportation; and Dale Marisco, executive director of the Community Transportation Association of America (CTAA), headlined the event which featured most of the “heavy-hitters” from the capital’s Labor and transit communities as well as transit managers and representatives of ATU’s most politically active U.S. locals.

At a rally on Capitol Hill, participants had the opportunity to hear from congressional sponsors and supporters of legislation that would allow all transit systems to use some federal aid for operating assistance. Afterward, they lobbied their representatives in their House and Senate offices.

Many conference-goers also met with their opposite numbers in management who were among those attending the legislative conference of the American Public Transportation Association happening at the same time.

A ready solution to the problem is available – simply give all transit agencies the flexibility they need to use at least a portion of the federal aid they already receive as they see fit. Unfortunately, an arcane, Gingrich-era rule stands in the way.

Under the rule, only transit systems that serve areas with populations under 200,000 may use federal money for operating expenses such as wages, and administration – expenses which most transit agencies are desperately trying to find money for, right now.

Larger properties may only use their federal funds for capital purchases such as new transit vehicles, and equipment. Thus federal law denies our larger, urban areas the flexibility they need to maintain service in the most transit-dependent areas of the country.

The rule creates a cruel irony. As International President George has observed, “It makes no sense to give money to transit agencies to buy buses and light rail when they can’t afford to hire anyone to drive them.”

CRISIS, OPPORTUNITY The gathering could not have taken place at a moment of greater crisis or opportunity for American public transit.

Declining state and local revenues caused by the recession have led to severe reductions in the money available for mass transit in the United States. The subsequent funding drought has forced agencies to increase fares, cut service, and layoff workers. And more of the same is expected this summer.

www.atu.org

MARCH / APRIL 2010

15

LEGISLATIVE CONFERENCE

International President Warren S. George rallies public transit supporters in favor of allowing all transit systems to use federal dollars for operating assistance, at the U.S. Capitol, March 16.

on operating aid.

CARNAHAN, BROWN INTRODUCE BILLS Rep. Russ Carnahan, D-MO, and Sen. Sherrod Brown, D-OH, have introduced bills in their respective bodies that would allow larger transit agencies to use up to 50 percent of the federal funds they are already receiving for operating assistance, according to a sliding scale based on size.

International President Warren S. George

ATU SUCCESSFUL IN SECURING TEMPORARY OPERATING ASSISTANCE

While welcome, the temporary operating aid doesn’t address the long-range problems caused by the lack of consistent, stable support for the operation of U.S. mass transit. Indeed, the New York Metropolitan Transportation Authority and other large transit systems have refused the temporary operating help because, they say, that aid cannot be counted on over time.

Complicating the picture is the depletion of the government trust fund that is supposed to be a steady source of revenue for the nation’s transit and highway systems. The recession, and greater fuel economy have combined to reduce the amount of gas tax coming into this fund.

Later, Sen. Brown spoke at the ATU-CTAA Federal Transit Administrator Peter Rogoff

its continued leadership and support,” and that the Union had “a full partner in President Obama and the administration.”

Secretary of Transportation Ray LaHood tells the Legislative Conference that the ATU has a “full partner in President Obama and the Administration.”

rally. Excerpts from both their comments at the rally are can be found on pages 19-20.

LAHOOD: ‘WE KNOW THERE’S A LOT MORE TO DO’

PUSH

FOR

16

IN TRANSIT

‘WE’LL FIGHT WITH YOU… WE’LL WIN WITH YOU.’ The conference could not ignore the challenges facing the entire union movement, any more than it could those in the transit industry. AFL-CIO

“I’m open to using federal funds for transit operating assistance,” he told the group, but cautioned, “We need to find the right balance [in funding].”

The Secretary reiterated previously-published comments that the administration would like to

AFL-CIO President Richard Trumka

President Rich Trumka more than provided the conferees with the latest information from the front lines of labor advocacy.

“People are suffering out there,” he declared, because of “too much ‘business-as-usual.’”

“Business-as-usual boils down to one thing –,” the labor leader asserted, “greed.”

OPERATING

Perhaps, the highest profile figure to address the conference was Jackson who threw his lot in with the transit workers and riders of America in remarks during which he outlined initial plans to hold rallies with the ATU to loosen the restrictions

Federal Transit Administrator Peter Rogoff, a truly pro-transit FTA chief appointed by the president, gave his take on the goals of the Obama administration during a luncheon presentation on March 17.

Secretary of Transportation LaHood acknowledged the depth of the crisis admitting, “We know there’s a lot more to do.”

Some transit advocates say that an increase in the federal gas tax is inevitable if America is to keep pace with its growing mobility needs. But you don’t have to be a political scientist to know that tax increases are one of those “third rails” of American politics – something most legislators will not touch.

JACKSON TO ASSISTANCE

LaHood said he was “grateful to the ATU for

While the task ahead for transit advocates might seem daunting, Carnahan encouraged the conference participants saying, “We do best when we have a common challenge ahead of us.”

Carnahan thanked ATU members “for all you do.”

International President George welcomed conference participants with an overview of the successes achieved and the challenges the Union continues to take on in its effort to change the law regarding federal transit operating assistance.

The ATU was successful last summer in convincing Congress to allow all properties to use up to 10 percent of their American Recovery and Reinvestment Act (ARRA) stimulus funding for operating costs. And, subsequent to discussions during the conference with International President Warren S. George and Rev. Jackson, Secretary LaHood announced his intention to seek the same amount of temporary operating assistance for all transit agencies until the next multi-year surface transportation authorization bill is passed.

move away from funding separate transit projects to funding integrated intermodal transportation plans. He also reviewed the Department of Transportation’s stimulus investments in public transit, its new federal rail safety program, and rules prohibiting texting while operating a transit vehicle.

From left, International Secretary-Treasurer Oscar Owens, International President Warren S. George, and Rainbow PUSH Coalition President Jesse Jackson, at the Legislative Conference.

Trumka decried partisan gridlock at a time “when we need action,” and assailed “the outrageous roadblocks” to progress thrown down by members of Congress.

The federation president asserted, “For millions of people, the last thing they need is business-as-

www.atu.org

especially in bad times,” he said.

Rep. James Oberstar, D-MN

usual. Congress had better be ready to fight for jobs, and health care, because our labor movement isn’t conducting business-asusual. Working people expect nothing less.”

Trumka restated the federation’s commitment to labor law reform “so that every worker can organize a union and bargain collectively.”

He predicted that public workers would become the next target of Labor’s enemies. “You’re gonna hear, ‘we can’t afford public workers. They cost too much.’ But, we can answer, ‘B*** S***.’”

The AFL-CIO chief vowed to stand with the ATU in its work toward passage of a new multi-year transit reauthorization bill.

“We’ll fight with you. We’ll stand with you. And we’ll win with you,” he declared.

DALE MARISCO: ‘ONE OF THE GOOD GUYS’ International President George introduced CTAA Exeutive Director Dale Marisco, “as one of the good guys who heads a management-based organization that has always been supportive of ‘Section 13(c)’, and is one of the founders of the recently formed “Alliance for Transit Operating Assistance.”

Rep. Earl Blumenauer, D-OR

Marisco observed, “It is clear we face challenging times. We have the same vision: every community deserves full mobility. We must recommit to the hard work of building it.”

That vision, he warned, “is threatened by the ‘great recession.’ We face reductions in every state because state and local governments are hardpressed to maintain our systems.”

TTD President Ed Wytkind

“Ours is a partnership with the federal government,” CTAA Executive Director Dale Marisco Marisco continued, “Today, many people take their first step toward the ‘American Dream’ on a bus.”

“This is the time we must stand up, not only for transit,’ he insisted, “but for our riders,” adding that, “it’s time we end the crazy principles governing public transit. If it’s OK to spend money on highways, why can’t we give any money to transit?

“In a crisis we are all supposed to pull together. Transit and transit labor are good for America not only in good times, but

www.atu.org

MARCH / APRIL 2010

17

LEGISLATIVE CONFERENCE

International President Warren S. George, right, greets AFL-CIO President Richard Trumka upon his arrival at the Conference.

stalwart friends of the ATU in the House, spoke to the conference, saying, “My hope is that we develop a new vision [for mass transit].”

He reminded conferees that the gas tax “hasn’t been increased since 1993.”

“It’s time to raise money for transportation,” he said, and he was open to any way it could be done.

David Carpio, Political Training Director, AFL-CIO

MEMBERS OF CONGRESS In addition to the members of Congress who were at the ATU-CTAA rally, the conference heard from Rep. James Oberstar, D-MN, chair of the House Transportation Committee, who is one of the strongest proponents of mass transit in Congress. He has drafted a strong transportation reauthorization bill.

“We need to fully fund mass transit, and continue the stimulus,” Oberstar stated, adding forcefully, “We need to create jobs!”

The Minnesota Democrat spoke about new safety proposals that have been folded in to his overall transportation bill, the need to improve maintenance, and the urgency of increasing the gas tax. Oberstar would also like to see a federal office of intermodalism that would develop a strategic six-year plan for transit in America.

Oberstar has endorsed LaHood’s plan to continue to allow larger transit systems to use 10 percent of their federal assistance for operating assistance until a new bill is passed.

Rep. Earl Blumenauer, D-OR, one of the most

POLITICS The conferees received a primer on the coming congressional elections from David Carpio from the Political Department of the AFL-CIO. He made clear with statistics that a significantly greater percentage of ATU members participate in electoral politics than the population at large. ATU has had,

TRANSPORTATION TRADES One of the most dynamic labor leaders to speak to the gathering was Ed Wytkind, the always-passionate president of the AFL-CIO’s Transportation Trades Department (which recently celebrated its 20th anniversary).

Knowing that many unionists are disappointed with President Obama’s performance on transit and labor issues, Wytkind listed the many important prounion and pro-transit decisions the president has made since taking office. He insisted, “We cannot let the ‘blame game’ take the president down.”

What’s more the TTD head asserted that until the rules of the Senate were fixed everything we fight for can die in that chamber.

NTSB Chair Debbie Hersman

and a fuel tax increase.

Ne v e r t h e l e s s , Wytkind challenged c o n f e r e n c e participants to fight for a new transit reauthorization bill,

International Executive Vice President Ron Heintzman has actively created coalitions between the ATU the green movement.

and can continue to have, political influence far beyond what its actual numbers might suggest.

He castigated trade unionists who say that they feel little motivation to get active in the November congressional elections, given what they feel is the president’s weak record on labor issues thus far.

That sort of thinking could weaken Obama’s hand in accomplishing more for Labor in the second half of his first term, and could possibly even lead to a change of leadership in the Senate.

PRIVATIZATION Privatization continues to pose a perennial threat to collective bargaining in the public sector. First Transit, a subsidiary of the Scottish company, First

above left

Sen. Scott Brown, R-MA, listens to a presentation by the Massachusetts participants at the Legislative Conference. Members of the group are familiar with the newly-elected Republican, having worked with him on transit issues when he was in the Massachusetts legislature. above right

Sen. Kirsten E. Gillibrand, D-NY, listens to New York members from the Legislative Conference. The newly-elected Democrat listened intently to members of the ATU’s delegation. right

Sen. Charles E. Schumer, D-NY, meets with the New York participants at the Legislative Conference. The senator has had a long-term relationship with the ATU, and usually makes room in his schedule for a visit during the Union’s Legislative Conference.

18

IN TRANSIT

www.atu.org

Group, has emerged as the company most governments now turn to when they want to privatize all or part of their transit or paratransit services.

The growing presence of First Group in this field and its blatant anti-union tactics, have alarmed ATU locals all over the United States.

SAFETY A terrible rash of accidents took the lives of ATU members working on rail systems in the United States during the past year. Washington, DC’s Metro system is undergoing increased scrutiny, as an unusually high number of tragic incidents took place there.

“Microsleep,” a phenomenon in which persons can doze off for a fraction of a second, or up to 30 seconds, and never realize they had briefly fallen asleep, was blamed as the cause of one fatal rail accident. With computer programs cutting recovery times between runs to absolute minimums, it is thought that microsleep may be playing a role in an increasing number of transit accidents.

Afterward, a panel of three local officers from Washington, DC, Boston, Chicago, and Salt Lake City, and the Chief Safety Officer of the Transport Workers Union in New York, discussed what they have done to promote a culture of safety among both labor and management at their properties.

BUILDING COALITIONS WITH THE GREEN MOVEMENT ATU joined the “Blue-Green Coalition,” this year. The group

“Transit = Jobs” ATU members proudly hold a banner which says it all at the ATU-CTAA rally at the U.S. Capitol, March 16.

Congressional Allies Support Public Transit at ATU-CTAA Rally

T

he following are excerpts from the remarks by members of Congress who addressed the ATU-CTAA rally for operating assistance, March 16, on Capitol Hill:

My hope is that [passage of these bills] will mean hundreds of drivers in my state and thousands of drivers and workers around this country will get back to work.

SEN. SHERROD BROWN, D-OH

Everything that we do is about jobs. That’s why we want to take some of this money that’s for capital and put it into rehiring drivers, rehiring transit workers, so that you can get back to work; and even more importantly, get back to serve the way you have in the past, the people who need public transportation…

For the people you serve, for them to go to the doctor’s is not always an easy thing. And if they didn’t have you; if they didn’t have bus service… I get letters from people for whom bus service is cut back asking, “How am I supposed to do this?”

You all as bus drivers and transit workers are always a part of this equation: You’re providing a service for people whom people often forget about. And that’s what’s so important about what you do. That’s why we’ve got to pass the Carnahan bill in the House and our bill in the Senate, and move forward.

From left, Rep. Steven C. LaTourette, R-OH, poses for this picture with Local President William H. Nix, 268-Cleveland, OH, and Gregory Davidson, 268.

www.atu.org

Thank you for your service. Thank you for what you’re doing to make this a better country. And thank you for your union activism.

What you do as union activists is build the middle class in this country.

New Jersey ATU members meet with Rep. Donald Payne, D-NJ, to discuss the importance of H.R. 2746, the recently introduced operating assistance legislation.

MARCH / APRIL 2010

19

LEGISLATIVE CONFERENCE

Clayton Sinyai, ATU’s director of strategic campaigns, presented an overview of the dominance that ATU enjoys in comparison to other unions in the transit industry. Sinyai explained the basics of the strategy the ATU will employ in the coming months to combat this vexing problem. (ATU will publish more on this in the next issue of In Transit.).

Debbie Hersman, chair of the National Transportation Safety Board, reviewed four rail accident investigations undertaken by the NTSB in the last year, and the conclusions drawn from them.

LEFT Gregory Davidson, 268-Cleveland, OH, brought his pink slip informing him that he would be laid of on April 4.

CENTER Billie Kelley, 788-St. Louis, MO, was laid off then brought back after the ATU convinced Congress to allow large transit agencies to use up to 10 percent of their stimulus money for operating assistance.

RIGHT International President George, left, thanks Sherri Evans, 627-Cincinnati, OH, for sharing her story.

A single parent, Evans was laid off on Christmas Eve. She and her child now live with her mother.

REP. RUSS CARNAHAN, D-MO We’re in a tough economic time now... And what do Americans do in tough economic times?

We put our differences aside; we work together; we get things done; we innovate; we come up with new ideas and new ways to get things done. And that’s what this bill (the Carnahan bill) is all about.

We know transportation is the life-blood of our economy. We know that investments in transportation create and save jobs just about better than any other investment we can make in this country.

We know that.

We know this is an issue that brings people together.

Rep. Russ Carnahan, D-MO

This, absolutely, is a labor issue. But, guess what? In my district the business community is just as strong behind this.

They need their employees [to get to work]. They need their customers to get there. And, that’s also a part of growing this economy back. This bill is going to do that.

We’re going to come out of this stronger. We’re going to come out of this better. I am optimistic about our country, and together we are going to get the job done.

of those who depend on you to deliver them to and from their jobs and to [their] vital appointments…

Hard working Americans could be proud to see you all turn out today, and in the fight that you are fighting to fix this – not just for yourselves – but for our country and communities.

I commend you. And know we are with you.

REP. BETTY SUTTON, D-OH It is so good to be here with ATU, and all of your leadership! What a dynamic group of leaders you have!

Thank you for allowing me to be a part of this mission and a part of what will be a victory for ATU and our community.

I am a proud co-sponsor of this legislation.

Transit services are so vital to the people I represent; so vital to keeping our country running… We have to keep our transit systems running. We have to allow them to have the flexibility to do what we need them to do to get through this recession; to keep all of the transit workers working as well as all

Rep. Betty Sutton, D-OH

A MESSAGE FROM THE INTERNATIONAL EXECUTIVE VICE PRESIDENT

Facing Change in Contractor Employers (continued from page 5) TRAP! Prospective bidders may ask you to give them an increase figure as to what the local union will be seeking in future negotiations. This is a trap! If the bidder persists; the local should give the bidder a figure high enough that it would meet or exceed the members’ expectations, because the employer will attempt to hold the local to a figure.

One rule of thumb you may use is to tell the prospective employer that the local will seek at least what it proposed in previous negotiations, and more, of course with the assumption that like most locals the union ultimately settled for less than it initially sought.

20

IN TRANSIT

Following these suggestions will help insure that your local is not caught by surprise when a new contractor takes over operation of your work. If your local does the work as outlined above before the new contractor is chosen, the members stand a much better chance of making a new employer transition less threatening, and protect your members’ wages, benefits and working conditions.

www.atu.org

LOCAL 22 - Worcester, MA

LOCAL 714 - Portland, ME

Local President Christopher Bruce and International Vice President Larry Hanley report settlement.

Local President Joseph Gaudette and International Vice President Richard Murphy report settlement.

TERM:

TERM:

1 year

WAGES:

Top Operator NO WAGE CHANGES

HOLIDAYS:

Martin Luther King Day now guaranteed holiday

East Brookfield & Spencer Railroad

3 years

Greater Portland Transit District

7/15/09 - 7/14/12

WAGES:

Senior Switchman 7/15/09 - $20.30 7/15/11 - 2.8% - 55¢ - $21.40 7/15/10 - 2.8% - 55¢ - $20.85

Senior Repairman 7/15/09 - $20.30 7/15/11 - 2.8% - 55¢ - $21.40 7/15/10 - 2.8% - 55¢ - $20.85

LOCAL 22 - Worcester, MA

1/1/10 - 12/31/10

UNION LEAVE: 36 hours/year (was 24) NOTE:

Eliminate “Mechanic-Painter” job classification

LOCAL 801 - Altoona, PA

First Transit - MWRTA Facility

AMTRAN

Local President Christopher Bruce and International Vice President Larry Hanley report settlement.

TERM:

3.5 years

WAGES:

Top Operator 10/26/09 - 42¢ 7/1/10 - 32¢

TOP RATE FOR CONTRACT TERM IS $18.54

Top Mechanic 7/1/10 - 32¢ 7/1/11 - 48¢

10/26/09 - 6/30/13 7/1/11 7/1/12

7/1/12

- 48¢ - 48¢

- 48¢

LOCAL 282 - Rochester, NY First Transit - Canandaigua, NY

International Vice President Gary Rauen reports settlement.

TERM:

3 years

1/1/10 - 12/31/12

WAGES:

Top Operator 1/1/10 - 2.0% 7/1/11 - 3.0% 7/1/10 - 3.0% 1/1/12 - 2.0% 1/1/11 - 2.0% 7/1/12 - 3.0%

-

25¢ 41¢ 39¢ 28¢ 27¢ 43¢

-

$12.86 $13.93 $13.25 $14.21 $13.52 $14.64

Top Mechanic 1/1/10 - 2.0% 7/1/11 - 3.0% 7/1/10 - 3.0% 1/1/12 - 2.0% 1/1/11 - 2.0% 7/1/12 - 3.0%

-

41¢ 66¢ 63¢ 45¢ 43¢ 69¢

-

$20.87 $22.59 $21.50 $23.04 $21.93 $23.73

LOCAL 610 - Charleston, SC Veolia - Charleston

Local President Herman Smith and International Vice President Gary Rauen report settlement.

Local President Jacob Condron and International Vice President Larry Hanley report settlement.

TERM:

3 years

WAGES:

Top Operator 6/1/09 - 2.7% - 50¢ - $18.88 6/1/10 - 3.2% - 60¢ - $19.48 6/1/11 - 3.3% - 65¢ - $20.13

Top Mechanic 6/1/09 - 2.6% - 50¢ - $18.88 6/1/10 - 3.1% - 60¢ - $19.48 6/1/11 - 3.25% - 65¢ - $20.13

PROBATION:

90 days

H & W:

Health Plan: Employee contributes $55-$65/month toward premium

Vision Plan: $220/year benefit

6/1/09 - 5/31/12

TOOL ALLOW.: $300/year UNIF. ALLOW.: $250/year for mechanics

LOCAL 1338 - Dallas, TX

Transit Management of Denton County Local President Kenneth Day and International Vice President Kenneth Kirk report 1st agreement.

TERM:

3 years

WAGES:

Top Operator 3/31/09 - $13.90 3/31/10 - 4.3% - 60¢ - $14.50 3/31/11 - 4.0% - 57¢ - $15.07

PROBATION:

90 days

H & W:

$1,000 deductible, employer pays 100% of premium (single) or 82% family

3/31/09 - 3/23/12

PENSION: ATU 401(k)

TERM:

1.5 years

WAGES:

Top Operator 7/1/09 - 3% - 33¢ - $11.41 7/1/10 - 3% - 34¢ - $11.75

LOCAL 1764 - Washington, DC

H & W:

Dental: Employer contribution $22.80/month single; $62.25/month family

Local President Wayne Baker and International Vice President Bob Baker report settlement.

S & A:

Long term disability insurance: employer pays 60% of premium

UNIF. ALLOW: $200/year

www.atu.org

7/1/09 - 12/31/10

HOLIDAYS:

7 days

MV Transportation

TERM:

3 years

WAGES:

Top Operator 9/1/09 - $14.00 9/1/10 - 3% - 42¢ - $14.42 9/1/11 - 3% - 43¢ - $14.85

9/1/09 - 9/1/12

MARCH / APRIL 2010

21

Arbitration Decision ATU Local 1700 and Greyhound Lines, Inc. ISSUE: Did Greyhound Lines, Inc., have just cause to terminate the employment of Grievant after conducting a post-hire background check that turned up a misdemeanor conviction? And if not, what shall the appropriate remedy be?

SUMMARY: The Grievant was initially hired by the Company as a ticket agent and cleaner in Cleveland, Ohio, where she worked from 19982000. After leaving the company some time in 2000, Grievant reapplied for a position as a bus operator, and was hired for the position in March 2001. During the hiring process, the Grievant signed a disclosure and authorization form as part of the Fair Credit Reporting Act (FRCA), in which consent was given to be subjected to a background check both pre- and post-hire. During the initial process, no conviction was found.

On September 28, 2001, the Grievant was involved in a minor domestic dispute where she alleged she was being robbed. During the course of the dispute, a party fell down the staircase at the Grievant’s residence.

No police were summoned, and no charges were filed. In December of that same year, the Grievant was summoned to court, and notified that she would be charged with two criminal counts. The Grievant would eventually plead guilty to misdemeanor assault in 2002, where she was ordered to pay a $250 fine and court costs. She was not sentenced to probation or jail time.

In 2007, parent company Laidlaw, who owned Greyhound Lines, was purchased by FirstGroup PLC. FirstGroup then ordered background

checks on all employees, which uncovered Grievant’s 2002 conviction.

The Company maintained a policy that required written notice of any charges or convictions be provided to the Company, and that conviction of a violent offense could lead to removal from service and possible termination. Grievant was discharged for failing to provide said notice to the company.

The Union argued on behalf of the Grievant that the Grievant had provided verbal notice of her court appearance and charges pending to Operation Manager Herbert Field in Cleveland, OH, in 2002. The Grievant acknowledged she did not provide written notice. Under examination, Field could not recall receiving verbal notice. Grievant insisted that she had provided notice, a claim supported by the testimony of the Executive Vice President of Local 1700, Jimmie McCoy, and Shop Steward Herman Green. Later investigation by the Union found a document noting the criminal charges against the Grievant and her subsequent court proceedings, located in a personnel file at the company’s terminal office.

HOLDING: Arbitrator Jonathan I. Klein noted that the company’s policy required that if a background check uncovered a conviction, action must be taken within 30 days. Evidence indicated that the Grievant had in fact notified the company of her court proceedings in 2002. As the Grievant had provided notification nearly seven years prior to her termination, the company’s discipline was untimely and it had in fact waived its rights to investigate and terminate the Grievant. The Grievant was ordered reinstated with full back pay, benefits and seniority.

Winnipeg Members Cut Hair to Cure Cancer

D

enise Aston-Devisscher and Shannon Kennedy, members of the Health and Wellness Committee of Local 1505-Winnipeg, MB, sent us these photos taken at the recent “Cut for the Cure” fundraiser. They wrote: “A big Thank You goes out to Karen Wood, Ron Nelson, Keith Scott, Mario Amatuzio, Randal Balaz, Gary Mayson, and Kristian Doubledee for their help and participation in making Transit’s ‘Cut for the Cure’ event such a big success on Monday, February 22.

“Through the kind generosity of Transit employees, their families and friends, we were able to raise $3,169.64 for the Cancer Care Manitoba Foundation.”

22

IN TRANSIT

www.atu.org

In Memoriam

Death Benefits Awarded January 1, 2010 - February 28, 2010 1- MEMBERS AT LARGE FREDRICK R APPLETON HEINO F BEHRENDS HARVEY LEE GRIFFIN JR EDWARD HOLBROOK WILLIAM MOUILLESEAUX FRANCIS D MURRAY WILLIAM D OVANS HAVARD M RHEA BILLY E SEAVER ALFRED G SKALSKI 85- PITTSBURGH, PA POLYXENA K BRINCKA VERNON WARD BRYANT JOSEPH DI VELLA JOHN D FINNEY RICHARD G LA MARK LEO EDWARD PFISTERER CAROL A SIMON EDWARD D SWEENEY BRUCE R VANDYKE HOWARD J WILLIAMS 107- HAMILTON, ON CALOGERO C CASTELLANA JOANNE I HEWITSON STEVEN WOJCIK 113- TORONTO, ON ELIAS AVERY CECIL ARTHUR BENNETT ANTONIO GIACOBBE JOSIAH HALL SCOTT HARRIS ARTHUR LLOYD HODGSON ROLF A M JUSSENHOFEN FREDERICK LITWIN SALVADOR J LOBELLO CORNELIS W MESKES LAURENCE OMAHONEY THOMAS PITT CHRISTOPHER J SHEERAN ALEXANDER WEBSTER DONALD G WHITE GORDON R WRIGHT 134- VANCOUVER, BC JULIET C BOND LORNE EDGAR BOOTH 164- WILKES-BARRE, PA DONALD C ZINN 168- SCRANTON, PA FRANK MATASSA 192- OAKLAND, CA ARTHUR CALBERT JR MARVIN GRANT BILLY D GREEN JAMES HARRIS THOMAS L MAY SR RUTH S SIDNEY PHILLIP J TORRES 241- CHICAGO, IL THOMAS BROOKS HAROLD D CLEMONS ZENOBIA DAVIS EUGENE L DRZEWICKI

www.atu.org

PEYTON HIGHTOWER BOBBY L HOBBS OLAN N KELLOGG JR GEORGE J KUBIN JUANITA LEFLORE LARRY E MANTER SR ARTHUR J MATHEWS INOCENCIO S NAVARRETE FELICIA C ONYELOBI REINHARD POETZ ALVIN PURCHES LETTIE L ROBINSON THEODAS SMITH DOUGLAS THORNTON THOMAS H WILLIAMS CLYDE E WOODS

589- BOSTON, MA ANNA BAPTISTA JOHN G COLLINS JOHN T GRIFFIN ROBERT J JAMES JEAN J LAROCHE WILLIAM J LEUCHTER STEPHAN F MAC AULAY WILLIAM F MC AULEY DENNIS J MC CARTHY ROBERT W MURRELL JOHN J WHITE

265- SAN JOSE, CA GILBERT NEGRETE HECTOR SANCHEZ EDRA M TRUSCHAN

615- SASKATOON, SK ALPHONSE ROLLHEISER

268- CLEVELAND, OH ARTHUR MC GILL TERRENCE E MOSS SAMUEL W PRAVNAN 279- OTTAWA, ON ROSARIO CLOUTIER DALTON A W DUNNING GUY HARDING ROGER S RACICOT 281- NEW HAVEN, CT SHIRLEY J ERFF MICHELLE WILLIAMS 282- ROCHESTER, NY JOHN E GATES CLARENCE ROYCE GILBERT J STEVENS 308- CHICAGO, IL JOEL COOPER JUANITA L EDEN BRIDGETTE HALL ISAIAH T HARRIS ROBERT HUBBARD JR JAMES D INGRAM EDDY MARTIN ROBERT W SULLIVAN 569- EDMONTON, AB MAURICE J BOGARD WILLARD A FROM 583- CALGARY, AB DALE M JOHANSON CAROL NELSON RICHARD W PECK 587- SEATTLE, WA CARL J MATRONIC MARGARET A MOLINARE CHARLES F MOULTON 588- REGINA, SK GERALD L WYSPIANSKI

610- CHARLESTON, SC JOHN HENRY CHAPMAN KARL K NELL

616- WINDSOR, ON GORDON P JOHNSTON REXFORD LEON NOXON 618- PROVIDENCE, RI HAROLD JOSEPH KEE JOHNNY NEAL ANTONIO L REI ANDOMIEGLIO SANTAGATA 627- CINCINNATI, OH ROBERT CARL BALL JAMES T HIGH FREDRICK J MEAD JR 628- COVINGTON, KY ROBERT H SHAY 638- CEDAR RAPIDS, IA DON COURTNEY 689- WASHINGTON, DC WILLIAM C BARRY RICHARD J BELL FRANCISCO D BLOUNT GILBERT T BROWN JAMES DONOVAN BUSH JAMES E BYNUM HAROLD H EUELL GORDON S GREEN ROBERT G MC DONALD LAWRENCE B MILER ROBERT E ROWE WALTER SPENCER JR HAROLD R STOUFFER LARRY WALKER 690- FITCHBURG, MA LINDALEE M HOUCK 694- SAN ANTONIO, TX ERNESTO BENAVIDES 713- MEMPHIS, TN HERMAN R DEES CLAUD C MOORE MARCUS BURCE PARKER JOHN R SPARKS

725- BIRMINGHAM, AL WILLIAM GLASON SMITH 732- ATLANTA, GA JAMES ALLEN ARTHUR EDWARD ASH JAMES C HALE TROY HARRIS

MELVIN PEEVY JOHN J SABELL ROBERT W WILL 1005- MINNEAPOLIS & ST. PAUL, MN MELVIN L BURTON KENNETH D PARENT

757- PORTLAND, OR ROBERT D FITE JOHN J GONZALEZ MATTHEW L JONES DONALD T PATTISON

1091- AUSTIN, TX GREGORY D JONES

788- ST. LOUIS, MO PAUL A BEHRENS PAULINE MONTIEL DAMON T STEVENS

1168- WAUSAU, WI LEROY A STURM

819- NEWARK, NJ JOE L DANIEL IVY A JOHNSON CHRISTOPHER MARCHIONE MARYANN PLUSCH BOBBY R ROBERSON

1093- KALAMAZOO, MI DONALD G HALE

1177- NORFOLK, VA RAYMOND D HICKS ANTONIO UZZLE 1179- NEW YORK, NY WILLIAM A BONEY ROBERT J PATRICK

824- NEW BRUNSWICK, NJ GEORGE PIMINTEL THOMAS POGUE

1181- NEW YORK, NY FELIX CEPEDA ANNA E FELICIANO JOSEPH S FERRANDINO MARTIN E GLASSCO ECLIFFE GRINIUM DIANE HASKINS SALVATORE R MISTRETTA RAYMOND MURPHY GEORGE NICHOLS WILLIAM NICHOLS ARTHUR V PAGE JOSEPHINE TAYLOR

859- DECATUR, IL DOUGLAS F SCHERER

1195- HARRISBURG, PA SEAD BASIC

880- CAMDEN, NJ ANDREW DAUG RAYMOND D DOUGHERTY ROBERT T FOSTER EUGENE LEWIN WILLIAM C LUTHE STEPHEN J MARTIN

1197- JACKSONVILLE, FL ARTHUR GAMBLE LEONARD JOHNSON

956- ALLENTOWN, PA MILES O WERT

1267- FT.LAUDERDALE, FL JOHN J BOLAND JR ORLANDO ORTIZ

821- JERSEY CITY, NJ WILLIAM MENDEZ 822- PATERSON, NJ MYRNA MATEO 823- ELIZABETH, NJ LOUIS MARINELLI

993- OKLAHOMA CITY, OK LIONEL LA BRIE TERRELL L PRUITT 996- SOUTH BEND, IN KATHLEEN S GRUBBS 998- MILWAUKEE, WI BOBBY E FELDER ROSEMARY NOWACKI LEONARD STASZAK WAYNE W WALDENMEYER 1001- DENVER, CO BETTY L A CARTER ELMORE M DUFOUR ROBERT W MUTCHLER

1225- SAN FRANCISCO, CA LEONARD COUNTER EUGENE G KELLY

1309- SAN DIEGO, CA GEORGE H CHAMBERLAIN GUY AUSTIN DAVIS LILLIAN R ROBERTS 1321- ALBANY & TROY, NY ROBERT G ARRAS JAMES F PITCHER HENRY P VARRIALE 1338- DALLAS, TX SHARON CARTER MURL W GARRETT WILLIAM F SHINNEMAN 1342- BUFFALO, NY JAMES HAYLES JAMES HOCKEY GEORGE E ZELIE 1374- CALGARY, AB GLENN W BROWN STUART ROSS SNOWDON 1384- BREMERTON, WA LEONARD L DANIELS 1385- DAYTON, OH BALLARD F CONNORS 1462- ST. JOHN’S, NF ALEX J LONG 1505- WINNIPEG, MB WILLIAM GAWICK JAMES ALBERT KILLEN SYDNEY R PEARSON MARK A TYNES WILLIAM WEDLAKE 1547- BROCKTON, MA VINCENT FROIO 1572- MISSISSAUGA, ON RAY DE CAIRES JOHN LE CLERC 1575- SAN RAFAEL, CA LLOYD E ROBINSON 1577- WEST PALM BEACH, FL GLORIA WRIGHT

1277- LOS ANGELES, CA THOMAS F FERRERO THOMAS J MARKS WAYNE H YOSHIMOTO

1700- CHICAGO, IL HOMER A DAUGHERTY WILLIAM A KING

1279- JOHNSTOWN, PA SYLVESTER HOLMES

1738- LATROBE, PA RICHARD C KLINGENSMITH JACK MEHALIC

1287- KANSAS CITY, MO BILLIE D FERGUSON WILBUR DALE GRIFFIN

1765- OLYMPIA, WA FREDERIC M ROPES

1300- BALTIMORE, MD VERNON SNOW ADRIENNE C SPRIGGS

MARCH / APRIL 2010

23

St. Louis Member Has Passion for Organizing

M

arilyn Williams, 788-St. Louis, MO, says she is active in her local union because she appreciates all of the support the union provides to her and her community. “The local union is supportive in every way,” she says. “They assist the communities, families, churches and political activities. Every member should be involved in their local,” she states.

Sister Williams is currently employed as a bus operator with Metro Transit in St. Louis, MO. She has been with the agency for 11 years. Prior to becoming an ATU member in 1998, she was a member of two different Teamster locals.

member of the local’s women’s caucus as well as the local labor council of the AFL-CIO.

ORGANIZED IN THE MIDWEST Her real passion, however, is organizing.

“Organizing is important because the Union must maintain its strength and effectiveness in assisting members and in trying to shape the political agenda,” she says. Her organizing activities have taken her beyond St. Louis to ATU campaigns throughout the Midwest, including Louisville, KY, and Chicago, IL.

She got involved with the ATU in an “unofficial capacity” immediately upon becoming a member and was selected as an assistant to the Shed Captain at her work facility in 2006.

She was later elected Shed Captain in 2008, a position she still holds.

While working on an organizing campaign in Louisville, KY, in February 2009, Sister Williams showed her true dedication to the cause. She broke her ankle just a few days before the election, but refused to go home and stayed until the end. Her sacrifice paid off when the MV Transit drivers voted to join ATU.

In addition to her elected position and her position as a member of the local’s executive board, she serves on the negotiating committee, helps with the local’s political program, and is a

“All said, the labor movement has changed my life tremendously for the better,” says Williams.

She is especially grateful for her union wage, benefits and pension.

ATU Activist Marilyn Williams, 788-St. Louis, MO: “All said, the labor movement has changed my life tremendously for the better.”

LOCAL UNION UPDATES Local 85

Pittsburgh, PA

Pittsburgh Local Breaks Ground The officers and executive board of Local 85-Pittsburgh, PA, pose here at the groundbreaking for their new building. The new office will provide more room for the local to serve its members.

Local 694

San Antonio, TX

Local 819 Newark, NJ

Member Seeks Council Seat in Bayonne, NJ Ray Greaves, 819-Newark, NJ, far left, is seeking to capture the third ward seat on the Bayonne city council in an election to be held May 11. Greaves, an active ATU member, was selected as part of a slate to run with Bayonne Mayor Mark Smith. The entire ticket (above) filed their petitions to stand for office in March.

Local 1577

West Palm Beach, FL

14th Annual Cesar Chavez March for Justice

West Palm Beach Local Turns Out to ‘Save Our Jobs’

The ATU Local 694-San Antonio, TX, Latino Caucus joined other marchers on a three-mile route from Our Lady of Guadalupe Church on the West Side to Alamo Plaza, where speakers capped off the event with cheers and impassioned appeals to carry on Chávez’s legacy. Thousands took part in the event, believed to be the largest of its kind.

Members of Local 1577-West Palm Beach, FL, who turned out for the AFL-CIO “Save Our Jobs Rally” in Titusville, FL, included, from left: Executive Board Member Lenny Brown, AFL-CIO President Rich Trumka, retiree Irene Barthold, and Shop Steward Mynaise Joseph.