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Official Journal of the Amalgamated Transit Union AFL-CIO/CLC
AMALGAMATED TRANSIT UNION INTERNATIONAL OFFICERS WARREN S. GEORGE International President
MICHAEL J. SIANO
International Executive Vice President
OSCAR OWENS
International Secretary-Treasurer
International Vice Presidents TOMMY MULLINS Roanoke, VA – tmullins@atu.org
JOSEPH WELCH Syracuse, NY
RODNEY RICHMOND
New Orleans, LA – rrichmond@atu.org
DONALD T. HANSEN
Tenino, WA – dhansen@atu.org
ROBERT H. BAKER
Washington, DC – bb@atu.org
LARRY R. KINNEAR
Ashburn, ON – lkinnear@atu.org
RANDY GRAHAM
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
Petaluma, CA – ccook@atu.org
WILLIAM G. McLEAN
Reno, NV – wmclean@atu.org
RONALD J. HEINTZMAN
Mt. Angel, OR – rheintzman@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
International Representatives RAY RIVERA Lilburn, GA– rrivera@atu.org
MARCELLUS BARNES
Flossmoor, IL – mbarnes@atu.org
YVETTE SALAZAR
Thornton, CO – ysalazar@atu.org
ANTHONY WITHINGTON
Sebastopol, CA – awithington@atu.org
VIRGINIA LEWIS
Charleston, SC – vlewis@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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MESSAGE DU PRÉSIDENT INTERNATIONAL PAR WARREN S. GEORGE SI ON DONNE UNE CHANCE AUX TRAVAILLEURS C’est peut-être un cliché de dire que les élections du 4 novembre aux Etats Unis sont les plus importantes auxquelles nous participerons au cours de notre vie, mais je le crois vraiment. L’avenir des travailleurs et travailleuses et en particulier ceux qui sont syndicalisés, sera déterminé par cette élection, Le résultat aura également un profond impact sur l’avenir de nos frères et sœurs au Canada. Sous la présidence d’Obama, notre monde ressemblera à quelque chose de très différent de ce qu’il est maintenant. Que fera le Président Obama? Voici un bref résumé de quelques thèmes: Pour les travailleurs: • Signer le décret de la loi sur la liberté des travailleurs de se syndicaliser. Cette législation est la plus importante de toutes les législations pour nos membres depuis 80 ans, Obama dit « nous signerons le décret pour cette loi. La question n’est pas de savoir si on va la signer, mais quand on va la signer. • Promulguer un standard fédéral pour un portefeuille d’énergies renouvelables qui a le potentiel de créer des emplois par centaines de milliers et d’augmenter la production d’énergies renouvelables. • Créer une Banque nationale de réinvestissements en infrastructure pour accroitre et améliorer les investissements fédéraux existants dans les transports. La banque recevra une injection de capital fédéral de 60 milliards de dollars sur une période de 10 ans pour des projets d’infrastructure en transport dans toute la nation. Ces projets permettront de créer jusqu’à deux millions d’emplois directs et dérivés par an et stimuleront environ 35 milliards par an d’activités économiques nouvelles. • Faire en sorte que la loi sur les congés pour raisons médicales familiales s’applique à plus de travailleurs. Président Obama pourvoirait 3.5 milliards aux Etats pour qu’ils observent la politique des congés payés. • Endosser la protection des congés payés et des indemnités de licenciement lors des actions de faillite. Pour nos enfants: • Financer entièrement et reformer le programme “Aucun enfant laissé pour compte” de façon à ce que les enseignants ne soient pas forcés à passer l’année scolaire à former les étudiants à remplir des bulles aux examens standardisés. • Réparer et améliorer nos écoles publiques, ne pas lever les bras en s’éloignant. • Accroitre les programmes Head Start et Early Head Start. • Donner une déduction fiscale de 4000 dollars pour aider à payer le collège et encadrer la procédure pour obtenir une aide financière. Pour la classe moyenne: • Réinstaurer l’impartialité dans le code d’imposition avec 150 millions d’allègement d’impôts en créant un crédit d’impôt de 500 dollars par personne ou 1,000 dollars par famille de travailleurs. Le crédit d’impôt éliminerait complètement l’impôt sur le revenu pour 10 millions d’américains. • Simplifier le formulaire pour la déclaration des impôts pour des millions d’américains. En contraste John McCain a un des records les plus anti-syndicat et anti-travailleur au Sénat. Nous devons changer cela maintenant. Nous avons besoin que vous votiez Barack Obama Président.
UN MENSAJE DEL PRESIDENTE INTERNACIONAL POR WARREN S. GEORGE SI LOS TRABAJADORES TIENEN UNA JUSTA OPORTUNIDAD Tal vez sea un cliché decir que las elecciones presidenciales del 4 de noviembre son las más importantes de nuestra vida, pero actualmente eso yo sí lo creo. Este futuro de cada hombre y mujer trabajadora, particularmente aquellos que son miembros de uniones, será determinado por esta elección. El resultado de la misma también afectará profundamente a nuestros hermanos y hermanas en el Canadá. Bajo un Presidencia Obama, nuestro mundo luciría mucho más diferente de lo que es hoy día. ¿Qué es lo que el Presidente Obama haría? Aquí vemos una breve perspectiva sobre algunos temas: Para los Trabajadores • Promulgación de la Ley La Libre Selección del Empleado (The Employee Free Choice Act). Esta legislación es la pieza singular de legislación más importante para los miembros sindicalizados en, por lo menos 80 años. Obama dice, “Nosotros promulgaremos en ley el proyecto La Libre Selección del Empleado. No es una cuestión de tal vez – sino cuestión de cuando.” • Promulgación de un Estándar Federal de una Carpeta de Empleos Renovables el cual tiene el potencial de crear cientos de miles de empleos y aumentar la producción de energía renovable. • Crear un Banco Nacional de Reinversiones en la Infraestructura para expandir y realzar actuales inversiones en la transportación federal. El Banco recibirá una infusión de dinero federal, $ 60 mil millones de dólares sobre un período de 10 años, para proveer financiamiento a proyectos de infraestructura en el transporte a través de toda la nación. Estos proyectos crearán hasta dos millones de nuevos empleos por año directa e indirectamente y estimularán aproximadamente $ 35 mil millones de dólares por año en una nueva actividad económica. • Extender la Ley de Ausencia del Empleo por Razones Médicas y de Familia para darle cobertura a más trabajadores. El Presidente Obama también suministraría $ 1.5 mil millones de dólares a los estados para que estos adopten políticas de ausencias del trabajo con pago. • Apoyar la protección de las vacaciones de los trabajadores y el pago por indemnización durantes acciones resultantes en bancarrotas. Para Nuestros Niños • Reformar y suministrar financiamiento en pleno a la ley “No dejar a Ninguno Niño Atrás” a fin de que los maestros no se vean forzados a pasar el año académico preparando a los estudiantes para llenar burbujas en exámenes estandardizados. • Reparar y mejorar nuestras escuelas públicas, no dejar las cosas en el aire y no hacer nada. • Expandir los programas “Head Start” y Early Head Start”. • Otorgar un crédito de impuestos valorado en $ 400 para ayudar a pagar por la matrícula universitaria y hacer más fácil el proceso de ayuda financiera. Para la Clase Media • Restaurar un sistema más justo en el código de impuestos y otorgar $ 150 millones de dólares de alivio en los impuestos, creando un crédito de impuestos de hasta $ 500 dólares por persona, o $ 1,000 dólares por cada familia trabajadora. El crédito de impuestos eliminaría completamente el pago de impuestos sobre la renta de 10 millones de americanos. • Simplificar el Proceso de Reportar los Impuestos para beneficio de millones de americanos. En contraste, John McCain tiene uno de los más anti-trabajador, anti-union historiales en el Senado. ¡Nosotros necesitamos cambio ahora! ¡Nosotros necesitamos que usted vote por Barraca Obama para Presidente!
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A MESSAGE FROM THE INTERNATIONAL PRESIDENT
IF WORKERS GET A FAIR SHOT M
aybe it’s a cliché to say that the U.S. elections on November 4, are the most important of our lifetime, but I actually believe this. The future of working men and woman, and particularly those who are union members, will be determined by this election. The outcome will deeply affect our Canadian brothers and sisters as well. Under an Obama presidency, our world would look very different than it does now. What will President Obama do? Here is just a brief overview on a few issues:
FOR WORKERS: • Sign the Employee Free Choice Act into law. This legislation is the single most important piece of legislation for union members in at least 80 years. Obama says, “We will pass the Employee Free Choice Act. It is not a matter of if – it’s a matter of when.” • Enact a federal Renewable Portfolio Standard which has the potential to create hundreds of thousands of jobs and increase renewable energy production. •
Create a National Infrastructure Reinvestment Bank to expand and enhance existing federal transportation investments. The Bank will receive an infusion of federal money, $60 billion over 10 years, to provide financing to transportation infrastructure projects across the nation. These projects will create up to two million new direct and indirect jobs per year and stimulate approximately $35 billion per year in new economic activity.
‘The Future of Working Men and Women... Will Be Determined By This Election’
• Extend the Family Medical Leave Act to cover more workers. President Obama would also provide $1.5 billion to states to adopt paid leave policies. • Support protection of workers’ vacation and severance pay from bankruptcy actions.
FOR OUR CHILDREN: • Fully fund and reform “No Child Left Behind” so teachers would not be forced to spend the academic year preparing students to fill in bubbles on standardized tests. • Fix and improve our public schools, not throwing our hands up and walking away. • Expand Head Start and Early Head Start. • Give a $4000 tax credit to help pay for college and streamline the financial aid process.
FOR THE MIDDLE CLASS: • Restore fairness to the tax code and provide 150 million with tax relief by creating a tax credit of up to $500 per person, or $1,000 per working family. The tax credit will completely eliminate income taxes for 10 million Americans. • Simplify tax filings for millions of Americans. In contrast, John McCain has one of the most anti-union, anti-worker records in the Senate. We need change now. We need you to vote for Barack Obama for president.
In this issue, I have included a flyer containing information on the National Labor College Workers’ Memorial. I am proud that the AFL-CIO Executive Council (of which I am a member) voted to establish this workers’ memorial. This beautiful garden will memorialize American workers who died on the job or from workrelated dangers; those who died in the struggle to build their union; and those who made important contributions to the labor movement. Please consider making a donation for an engraved brick in the garden or whatever amount you are able to give.
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SEPTEMBER/OCTOBER 2008
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2008 Vol. 117, No. 5
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Contents 2
International Officers & General Executive Board
International President’s Message in French & Spanish
3
International President’s Message If Workers Get A Fair Shot
4
Magazine Index
5
International Executive Vice President’s Message McCain Shows His True Colors
6
International SecretaryTreasurer’s Message Ten Reasons to Vote
7
Obama vs. McCain On Amalgamated Transit Union Member Issues
8
Survey Shows Gas Prices Pushing Canadians to Transit, But Capacity Missing
9
Western Canadian Greyhound ATU Local Instructs Members to Limit Carry-Ons
11 Proud to Be ATU on Labor Day Members of our Union in Labor Day parades across the United States. 12 Legislative Report Transit in Crisis - But Will Congress Act? 14 Canadian Agenda Groundbreaking Study Outlines Need for Federal Transit Investment
3
A Message from the International President If Workers Get A Fair Shot
7
Obama vs. McCain
9
Western Canadian Greyhound ATU Local Instructs Members to Limit Carry-Ons
On Amalgamated Transit Union Member Issues
Action Follows Horrific Killing on Greyhound Bus
13
Legislative Report: Transit in Crisis But Will Congress Act?
15 DOT Drug and Alcohol Testing Update 15 Legislative Victory Alert 16 Labor Lingo: I to P 17 The Amalgamated Transit Union 2009 Scholarship Competition 19 Arbitration Decisions 20 Local News 21 ATU Training and Events 22 In Memoriam 23 ATU Activist: Karen Newman I Did It! So Can You... 24 ATU New Orleans Locals Help With Evacuation
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The Amalgamated Transit Union
2009 Scholarship Competition IN MEMORY OF: OLIVER GREEN (see page 17) 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, Assistant: Paul A. Fitzgerald. Editorial Office: 5025 Wisconsin Ave., NW, Washington, DC 20016-4139. Tel: 1-202-537-1645. Please send all requests for address changes to the ATU Registry Dept. ISSN: 0019-3291, USPS: 260-280. PUBLICATIONS MAIL AGREEMENT NO. 40033361. RETURN UNDELIVERABLE CANADIAN ADDRESSES TO: B&M Mailing Service Limited, 35 Van Kirk Drive, Unit 15, Brampton, Ontario L7A 1A5, E-MAIL-BMCOMM@PATHCOM.COM The objects of this International Union shall be to organize Local Unions; to place our occupation upon a higher plane of intelligence, efficiency and skill; to encourage the formation in Local Unions of sick and funeral benefit funds in order that we may properly care for our sick and bury our dead; to encourage the organization of cooperative credit unions in the Local Unions; to establish schools of instruction for imparting a practical knowledge of modern and improved methods and systems of transportation and trade matters generally; to encourage the settlement of all disputes between employees and employers by arbitration; to secure employment and adequate pay for our work, including vacations with pay and old age pensions; to reduce the hours of labor and by all legal and proper means to elevate our moral, intellectual and social condition. To engage in such legislative, political, educational, cultural, social, and welfare activities as will further the interests and welfare of the membership of the Organization. To seek the improvement of social and economic conditions in the United States and Canada and to promote the interests of labor everywhere.
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A MESSAGE FROM THE INTERNATIONAL EXECUTIVE VICE PRESIDENT
McCain Shows His True Colors “I’ve fought lobbyists who stole from Indian tribes. I fought crooked deals in the Pentagon. I fought tobacco companies and trial lawyers, drug companies and union bosses.” –Excerpted from John McCain’s acceptance speech, September 5, 2008
D
id you tune in to the Republican National Convention a few weeks ago? Perhaps you heard John McCain’s acceptance speech, when he said, “I’ve fought lobbyists who stole from Indian tribes. I fought crooked deals in the Pentagon. I fought tobacco companies and trial lawyers, drug companies and union bosses.” So in Senator McCain’s world, organized labor fits into the same category as thieves and companies with no moral conscience. Good to know. And why are union leaders always referred to as “bosses?” If he were talking about the head of Exxon Mobil, would McCain have called that person, “Oil Boss?” Not likely. Referring to labor leaders as “bosses” or “thugs” conjures up the image of Al Capone in a dark alley long ago. It’s wrong, disrespectful, and purposefully done. The only person I refer to as “boss” is my wife Judy. But I digress.
‘...McCain opposes labor on every issue that is important to working people.’
COULD CARE LESS ABOUT TRANSIT WORKERS The truth is that the longer this campaign lasts, the more the Republican candidate for president is displaying his true colors. Based on his voting record, we already know that he opposes Labor on every issue that is important to working people, like the Employee Free Choice Act. And we learned that he could care less about transit workers when he voted to restrict the rights of unions to negotiate job protections when public transit agencies contract out services. He has been outspoken on the need to curb Congressional earmarks, making the federal transportation bill (which puts food on the tables of hundreds of thousands of transit workers) McCain’s number one target when the legislation comes up for reauthorization next year. And just a word about his judgment. Before becoming governor of Alaska – portions of which have more polar bears than people – McCain’s vice presidential pick served as the mayor of Wasilla, population approximately 7,000. My daughter once served as mayor of Keansburg, a small borough in New Jersey (which by the way, is bigger than Wasilla). I am very proud of my daughter, but she would be the first to admit that she is not yet ready to be president of the United States. Shame on John McCain for putting himself as the only thing between Sarah Palin and the presidency. The more you know about the senator from Arizona, the more you will appreciate the wisdom of choosing Barack Obama as the next U.S. president, or as John McCain might say, the next “White House Boss.”
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SEPTEMBER/OCTOBER 2008
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A MESSAGE FROM THE INTERNATIONAL SECRETARY-TREASURER
Ten Reasons to Vote O
n Tuesday, November 4, Americans will go to the polls to vote in what will undoubtedly be a historic election. If that isn’t enough reason for you to participate, let me give you ten more reasons why you and every eligible member of your family should vote:
‘John McCain and His AntiLabor Friends... Want To Take Away Your Union.’
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10. TO PROTECT YOUR JOB: The next president and Congress will make crucial decisions concerning funding for transit services and jobs throughout the country! 9.
YOUR UNION CONTRACT IS AT RISK: John McCain and his anti-labor friends in federal, state and local government want to take away your Union, contract-out your work and deny your Section 13(c) transit labor protections.
8.
YOUR POLITICAL VOICE IS BEING THREATENED: Anti-worker interests want to silence your voice in the political process by promoting “paycheck deception” legislation at all levels of government.
7.
YOUR LIFE IS AT STAKE: Government officials at all levels are making important decisions affecting the safety and security of transit, school bus and intercity bus services.
6.
TO SECURE YOUR RETIREMENT: John McCain will continue the Bush Administration policies of privatizing Social Security and reduce your benefits!
5.
TO ELECT THOSE WHO CARE ABOUT YOU: This year the presidency, the control of the U.S. House and Senate, 11 Governorships, and countless state legislatures and local city governments are up for grabs – the outcome of these elections could mean the difference between safe jobs with decent pay and benefits and dangerous work without health care or a livable wage for millions of workers.
4.
TO HAVE YOUR OPINION HEARD ON LOCAL MATTERS: You may have the opportunity to make important policy decisions on transit funding, “Right to Work for Less,” and education issues by voting on statewide and local initiatives and referendums.
3.
TO IMPROVE LOCAL HEALTH CARE, EDUCATION AND TRANSIT SERVICES: State and local government officials will be making crucial decisions about health care, education and transit services in your community. 2.
IT’S YOUR RIGHT: Voting is your fundamental right as an American and the most basic means by which you have a voice in how your government works!
1.
WHEN TRANSIT WORKERS REGISTER AND VOTE, TRANSIT LABOR-FRIENDLY CANDIDATES WIN!
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Obama & McCain ON AMALGAMATED TRANSIT UNION MEMBER ISSUES Obama
McCain
Barack Obama Will Protect Our Jobs and Create New Ones
John McCain Threatens Our Jobs
q Wants to Increase Transit Service and Funding. Obama “will recommit federal
q Long History of Opposition to Transit Investment. McCain is a vocal opponent of
resources to our public mass transportation projects.” His plan will provide two million new jobs rebuilding America over 10 years and provide financial incentives for choosing to use transit. Obama voted for transit-funding bills to create jobs, boost our economy and improve our transportation system.
transit funding. He has voted repeatedly against bills to build, refurbish, and improve our crumbling transportation systems. McCain was one of only four senators to oppose the largest transit-funding bill in our history. (Vote 220, 7/29/05;
Vote 184, 7/14/05; Vote 14, 2/12/04; Veto override to H.R. 2, 4/2/87; S.Amdt. 4458 to
(Obama for America website; S. 1926, 2/14/08; Vote 220, 7/29/05)
H.R. 1195, 4/17/08)
q Will Honor and Uphold Transit Labor Protections. Obama firmly supports
q Opposes Transit Labor Rights. McCain voted against Section 13(c) labor
Section 13(c) transit labor protections, protecting transit workers’ rights and safeguarding transit jobs from outsourcing. He will “honor the 13(c) collective bargaining protections” for workers and will require the Department of Labor to uphold these longstanding workers’ rights. (TTD Presidential Questionnaire, 2008)
protections for transit workers. These laws, enacted 43 years ago, protect workers’ collective bargaining, pensions, safety and seniority, and ensure that laid-off workers are provided new, good jobs. These labor protections have broad bipartisan support, but McCain still voted against protecting them. (Gramm Amdt. To H.R. 2, 2/4/87)
q Opposes Any Privatization of Transit Systems. Obama has vowed to “oppose any
q Pushes Privatization of Transit Systems. McCain supported a plan to push for
proposals to force privatization mandates on local transit and school bus operators.” This stand will protect transit workers from having their jobs outsourced to the lowest bidder. (TTD Presidential Questionnaire, 2008)
privatizing transit systems, a move that would endanger thousands of transit workers’ jobs as private companies seek to squeeze wages and get rid of union contracts. (S. 667, 4/30/97)
q Opposes Cross-Border Bus Service. Obama is adamant that before bus drivers
q Supports Foreign Bus Service in America. McCain voted four times to allow
unsafe foreign buses to travel on American roads. He supported President Bush, saying he “was disappointed the Senate seems determined to defy the president on the issue of Mexican trucks” and buses. (Vote 245, 7/27/01; Vote 253, 7/27/01; Vote 252,
7/26/01; Vote 250, 2/25/01; McCain press release, 11/16/01; Congressional Record, 8/1/01)
from any country “are allowed to crisscross our highways” they must meet strong “standards for vehicle safety... as well as adequate oversight over those operations, and driver training.” His plan protects jobs from unfair competition and makes roads safer. (S.Admt. 2797 top H.R. 3074, 9/10/07; Obama Statement, 11/6/07)
q Increase Transit Security. Obama has a strong record of supporting transit
q Votes Against Improving Transit Security. McCain repeatedly voted against
security programs. He voted to increase transit security four times, supporting greater use of bomb-detection technology, enhancing anti-terror programs and making necessary improvements for transit rail tunnels. (Vote 59, 3/16/06; Vote 194,
increasing transit security and anti-terror initiatives. He voted against bombdetection technology and making key tunnel upgrades. (Vote 59, 3/16/06;
Vote 194, 7/12/06; Vote 186, 7/14/05; Vote 185, 7/14/05)
7/12/06; Vote 186, 7/14/05; Vote 185, 7/14/05)
q Health Care for All. Obama’s health care plan would provide affordable,
q Puts Insurance Companies Before Working Families. McCain wants to tax our
high-quality coverage for all and would guarantee coverage for those who change jobs or have pre-existing medical conditions. (Obama for America website; Speech in
Iowa City, Iowa, 5/29/07)
health care benefits and push workers into the private market where insurance companies can charge whatever they want and refuse to cover people with pre-existing conditions like cancer. He also plans to give the top 10 health insurance companies $1.9 billion in tax breaks. (Health08.org, Forum, 10/31/07;
Los Angeles Times, 11/20/07; Center for American Progress, 4/9/08)
For more information on where these candidates’ stand, as well as for information on their running mates, go to www.workingfamiliesvote2008.org.
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SEPTEMBER/OCTOBER 2008
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Survey Shows Gas Prices Pushing Canadians to Transit, But Capacity Missing R
ising gas prices are cutting into Canadians’ spending power and prompting them to consider taking public transit for some relief, according to a national survey released September 1. But too few trains and buses may derail a once-in-a-generation opportunity to move people from cars to transit, say the Federation of Canadian Municipalities (FCM) and the Canadian Urban Transit Association (CUTA). “Canadians are at a tipping point,” said FCM President Jean Perrault. “They are feeling pain at the pump and willing to consider switching to transit. The problem is they find most transit systems are already operating at or beyond capacity.”
that their personal financial situation has worsened in the last six months. The survey responses suggest that transit ridership could triple as a result of higher gas prices. “Transit providers welcome new riders, but without new funding this kind of increased demand would overwhelm urban systems, many of which are already at or beyond capacity during peak hours,” said CUTA Chair Steve New. “The ability to respond to a surge in ridership resulting from higher gas prices will require major investments in additional service,” New added. The survey suggests that high gas prices will be an issue in the next federal election.
UNPRECEDENTED OPPORTUNITY “These are issues that must be debated during the next election,” said Perrault. “We’re looking at an unprecedented opportunity for government to help Canadians deal with high gas prices while jumpstarting a shift from cars to transit. Ultimately the country needs a properly funded, national transit strategy. But the federal government can get things rolling right now by adding a dedicated top-up to the existing federal gas tax fund for transit. The fund is in place, it works, and we all understand it.”
PUBLIC TRANSIT RIDERSHIP COULD TRIPLE
“Either we take the opportunity now to support a shift to transit by getting more buses on the road and better rail service,” said Perrault, “or we do nothing and Canadians will continue to be hurt by high gas prices with no alternatives.”
The survey, conducted by the Strategic Counsel for FCM and CUTA, shows rising gas prices have more than one in five Canadians considering switching to public transit. More than 40 percent say they will consider transit if gas prices continue to rise. The survey also shows that 83 percent of those surveyed believe high gas prices are here to stay and 30 percent say
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Western Canadian Greyhound ATU Local Instructs Members to Limit Carry-Ons I
n the wake of the most gruesome event in memory to take place on an ATU-operated bus, ATU’s Western Canada Greyhound members have been instructed by Local 1374-Calgary, AB, to make changes in their baggage-checking procedures in order to protect drivers and their passengers from violence.
HORROR ON THE TRANS-CANADA HIGHWAY The new union policy was prompted by a horrific murder which took place at about 8:30 p.m., July 31, on a Greyhound bus traveling from Winnipeg, MB, to Edmonton, AB. About 85 kilometres west of Winnipeg, a presumably deranged passenger pulled out a hidden knife and repeatedly stabbed the seatmate who was sleeping beside him. This was, apparently, a random act of violence. Garnet Caton, who was seated in front of the murderer heard the victim’s screams and turned to see what was happening. Caton yelled
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at the driver to stop and herded the terrified passengers to the front of the coach from which they fled. The driver of a second Greyhound, carrying passengers along the same route stopped to find out why the lead bus had stopped. Armed with a tire iron, he joined Caton and the first bus operator, boarding the first bus in an attempt to apprehend the knifeman, and possibly save the victim. But it was too late. The three men retreated after the killer ran toward them, trying to slash them. The killer then attempted to drive the bus away, but the quick-thinking Local 1374 member disabled the engine. The driver also managed to keep the bus doors closed, trapping the man inside. Police arrived about 10 minutes later and a four-hour standoff ensued. The alleged 40-year-old killer awaits trial on second-degree murder charges.
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‘CARRY-ON’ TO BE STOWED BELOW COACH In response to this and other violent incidents besieging operators across Canada, ATU Local 1374 has instructed its members to stow all luggage including “carry-ons” in the hold beneath the coach. Exception is made for medical items, baby supplies and purses. Drivers were apprised of their right to search anything that they believe might contain something unsuitable to be carried on a bus. Since 9/11 their contract has empowered them to take these more stringent precautions when they believe them necessary. Local 1374 President Jim Higgs, however, has been frustrated with the foot-dragging that he senses from Greyhound. “How could the man who killed that boy have gotten a knife the size of a Bowie on that bus? I’ll tell you,” he continues, “it was in his carry-on.” He would like to see a directive issued by the company mandating that new safety procedures such as the local’s be implemented immediately.
The Local 1374 operator brought the coach to a stop and waited for police. But before the police could arrive, the knife-wielding man got into a scuffle with the driver. The RCMP arrived and subdued the assailant with pepper-spray. He was taken into custody.
•
August 20: A man boarded a bus at Selkirk Avenue and Parr Street at about 5:30 p.m. in Winnipeg, MB, and then, for no known reason, punched the Local 1505 operator. The driver kept the bus parked at the scene while he waited for police. After police arrived, they were forced to use a Taser on the man after he hit them with a pool ball hidden in a sock.
The Canadian Council and locals are continuing to pursue options which they hope will reduce the opportunities for violence on board the nation’s public transit.
The local is participating in a committee which has been set up by Greyhound which will include a broad spectrum of drivers to make safety and security recommendations in the wake of the terrible incident. But Higgs is worried about what happens in the interim. “Why should the Union have to take the initiative?” he asks, “Why should drivers be obligated to search luggage with all of the other things they have to do?” In response to company shoulder-shrugging and “wishy-washy” statements that no security system would be impenetrable Higgs asserts, “Well that doesn’t mean we should do nothing!”
MORE VIOLENCE The tragedy, above, is one of several violent incidents which shook ATU’s Canadian members within a two-and-a-half week period. The reports read like a police blotter: •
July 30: A female Local 508 operator was sexually assaulted just after midnight on the Route 20 bus at Hebridean Drive and St. Pauls Avenue in Halifax, NS. The assault prompted the mayor to call for special transit police in Halifax. The three-year schedule for installation of cameras on buses was shortened to one year.
•
August 16: A Local 588 operator in Regina, SK, managed to pull his bus to the curb in the 4500 block of Wascana Parkway as he was being punched in the face by a passenger. Police, who were called to the scene, said that the attack was totally unprovoked.
•
August 18: A woman with a hammer boarded a bus around 11:00 a.m. near Grandravine and Driftwood in North York, ON, and started taking swings at a Local 113 operator. Passengers managed to wrestle the woman to the ground and hold her until police arrived. The woman said that the driver had neglected to pick her up at an earlier stop.
•
August 18: A man boarded a Greyhound bus en route from Fort McMurray to Edmonton, AB, and proceeded to threaten passengers with a knife. He told two brothers onboard that he would cut their heads off just as in the earlier Greyhound incident. “You’ll be on the news,” one passenger recalled him saying, “I’m going to cut your head off and throw it out the window.”
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The pictures above show the items confiscated over one weekend from passengers boarding Greyhound buses at a single terminal.
www.atu.org
Proud to Be ATU on Labor Day ATU members demonstrated their pride in being members of our Union in Labor Day parades across the United States on September 1. Below are some pictures of a few of those events:
International President Warren S. George (in blue), and ATU’s “First Lady,” Jan George, left, join officers of Local 85, and their families at the Pittsburgh parade.
From left, are Local President Gary Johnson, 268-Cleveland, OH; Ohio Gov. Ted Strickland; Retired IVP Bruce Foster; and IVP Bob Baker. Strickland announced that he would authorize $20 million funding to help Ohio transit agencies with fuel costs.
Members of Local 1056-New York, NY, led by Local President Ed Figueroa, in front, second from right, showed their support for Barack Obama in New York’s parade.
Members of Local 752 march in the Bloomington, IL’s Labor Day Parade.
IVP Janis Borchardt (left) joins members of Local 998 at LaborFest in Milwaukee, WI.
From left, Rick Steffles, 1005-Minneapolis-St. Paul, MN; and Larry Koenck, Ed MN; march in the Twin Cities.
www.atu.org
SEPTEMBER/OCTOBER 2008
11
transit in crisis
BUT WILL CONGRESS ACT?
I
n Chicago, they are tearing out seats on the subway trains to make room for more people. Buses are overflowing throughout the central Puget Sound area in Washington. In Utah, transit officials say they are having a hard time meeting demand, as bus drivers report having to leave hundreds of people behind at different stops because buses are at capacity. Americans took more than 2.8 billion trips on public transportation in the second quarter of 2008. This is almost 140 million more trips than last year for the same time period, an increase of 5.2%. In 2007, 10.3 billion trips were taken on public transportation – the highest ridership total in 50 years. Skyrocketing gas prices are the key reason for the surge in ridership, but the same high fuel prices that are pushing people to ride buses are also busting transit agency budgets. All across the U.S., fares are being increased and service is being cut back – just when transit services are needed most.
RELIEF? As you heard from U.S. House Transportation and Infrastructure Committee Chairman James Oberstar, D-MN, in the July-August legislative column, Congress is currently considering legislation that would provide immediate relief. The “Saving Energy Through Public Transportation Act of 2008,” would provide $1.7 billion to U.S. transit agencies so that they could lower fares or increase service levels. Most importantly, in response to ATU’s request, the U.S. House of Representatives amended the bill to include language that opens up eligibility to all transit systems for the purpose of paying for fuel. That bill passed the House on June 26, by a vote of 322-98.
Clinton, literally coming off the campaign trail, testified in support of her bill before the Senate Banking Committee, which on September 9, called a hearing on “Strengthening the Ability of Public Transportation to Reduce Our Dependence on Foreign Oil.” You can watch the video of her making a strong case for passage of the legislation on the ATU website, www.atu.org. The Senator from New York – a state which alone handles nearly one third of the nation’s transit passengers – reminded us of her never-ending dedication to the issues that are most important to ATU members. She is now trying to convince the rest of the U.S. Senate that transit needs to be part of the solution – not the victim – of high gas prices. As of press time, the bill was still pending in the Senate.
Senator Hillary Clinton, D-NY, introduced the bill (S. 3380) in the Senate on July 31. During the August recess, the ATU sent postcards – 60,000 in total – to transit locals all across America. The cards, which are addressed to U.S. Senators and which urge passage of S. 3380, were delivered to Congress the week of September 15. Thanks to all locals who participated in this historic campaign. Your voices, and the voices of your transit customers, are being heard.
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www.atu.org
www.atu.org
SEPTEMBER/OCTOBER 2008
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canadianagenda Groundbreaking Study Outlines Need for Federal Transit Investment TRANSIT CALLS ON PARTY LEADERS TO PLEDGE FUNDING DURING ELECTION
T
ransit leaders from across Canada, September 16, called on federal party candidates to pledge increased funding for transit during the current federal election campaign. The call to action was supported by the release of a groundbreaking economic study that analyzed the optimal supply and demand for urban transit in Canada. “This economic study highlights the need for greater investment in transit,” said Canadian Urban Transit Association President (CUTA) Michael Roschlau. “The study demonstrates that Canada is clearly underinvested in urban transit.” The study conducted by HDR Decision Economics Inc. had several important conclusions:
which are already at or beyond capacity during peak hours,” explained Steve New, CUTA Chair. “Even in some smaller systems that have spare capacity, there are renewal and replacement needs that resulted from the lack of funding over the last twenty years.” The ability to respond to a surge in ridership resulting from higher gas prices will require major investments in additional service. The FCM and CUTA say the federal government must put more money into these systems. Over the next five years, CUTA is expecting that the country’s transit systems will require $40 billion to meet the demands of, and expand public transportation. “The fact that such a strong segment of consumers are ready to make the switch to public transit with rising gas prices means the obvious issue for federal leaders is how to invest now to meet public demand,” concluded Roschlau.
•
The economically and socially optimal level of transit supply in 2006 would have required an estimated 1.7 billion vehicle-kilometres of transit service, or 74 percent more service than actually supplied.
•
In 2006, capital investment of $78.1 billion would have been required to bring the supply of transit into line with the optimal conditions of supply in that year.
CANADIAN TRANSIT RIDERSHIP BREAKS ALL-TIME RECORD AGAIN IN 2007
•
Results of the analysis conclude that Canada is clearly underinvested in urban transit.
•
Bringing transit to the optimal level of supply would produce several positive economic and social benefits – more than two thirds of these benefits constitute the economic value of reduced roadway congestion.
Canadian transit ridership for 2007 set a fifth consecutive all-time record, again breaking the previous year’s record. Preliminary results indicate that a total of 1.76 billion transit trips were taken across Canada last year, representing a 3.1 percent increase over 2006, and a 15 percent increase over the five-year period since 2002. This marks another significant milestone, representing a trend towards continually increasing transit use.
TRANSIT CAN’T HANDLE RIDERSHIP SURGE WITHOUT NEW FUNDING The economic study release comes on the heels of public opinion data that demonstrates a surge in public support for transit in the wake of rising gasoline prices (see page 8). “Transit providers welcome new riders, but without new funding, this kind of increased demand would overwhelm transit systems, many of
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www.atu.org
DOT Drug and Alcohol Testing Update I
n a recently issued final rule, the U.S. Department of Transportation modified existing drug and alcohol testing requirements to expand the number of situations in which directly observed urine collections will be required and significantly change how observations will be conducted. While certain provisions of the new rule became effective on August 25, implementation of other provisions has been delayed until November 1, in response to petitions filed on behalf of the ATU and other transportation unions. The changes primarily affect employees who participate in the returnto-duty process under their employer’s second chance policy. Specifically, observed collections will be required for all return-to-duty and followup tests. In addition, employees will be required to submit to direct observation anytime there is reason to believe that a specimen has been tampered with or substituted, or if a collector believes that the employee is clearly indicating an attempt to tamper with a specimen.
DIRECTLY OBSERVED TESTS WOULD REQUIRE EXPOSURE The new rule details that an employee who is required to submit to an observed test must raise his or her shirt, blouse, or dress/skirt, as applicable, above the waist; and lower clothing and underpants to show the collector, by turning around, that the employee does not have a prosthetic device. DOT claims these new rules are necessary to overcome potentials for cheating on drug tests. Other changes to the new rule include a requirement that specimen validity testing be made mandatory for all DOT drug tests. Validity testing screens
for substituted samples or substances used to adulterate or dilute a urine sample. Validity testing was permissive, but not mandatory, under the previous rules.
IMPLEMENTATION DELAYED AFTER ATU PETITION The Transportation Trades Department of the AFL-CIO filed a petition on behalf of the ATU and other transportation unions asking DOT to reconsider the harsh new provisions, objecting to expanding the number of situations where direct observation will occur and to the changes in the direct observation procedures. In response to our petition, DOT delayed implementation of the requirement that direct observations be required for return-to-duty and follow-up testing and has reopened the comment period on this provision. Other provisions included in the new rule, including the new procedures for direct observations and the requirement for mandatory validity testing, have already been implemented and will not be subject to further comments. The ATU plans to file additional comments opposing mandatory direct observations for return-to-duty and follow-up testing. When the DOT initially proposed these changes back in 2005, the ATU filed formal comments which objected to making validity testing mandatory and proclaimed that if it is opposed to “any new or more intrusive requirements in connection with collections conducted under direct observation.”
Legislative Victory Alert I
n a huge legislative victory for the ATU, legislation was recently signed in to law that will require federal regulators to revoke the licenses of commercial bus companies that do not comply with the requirements of the Americans with Disabilities Act (ADA). The legislation was passed in an effort to crack down on “curbside” bus carriers that operate in violation of numerous federal laws, including the ADA. By blatantly ignoring federal regulations, these carriers are able to operate at reduced costs with below market fares, providing unfair competition for established carriers, such as Greyhound and Peter Pan Bus Lines, which follow the rules. “I applaud Congress for passing this bill, which makes it clear to rogue bus operators that they can no longer ignore federal law,” said ATU International President Warren S. George. “This law will ensure affordable and accessible intercity bus service to all bus passengers, while also leveling the playing field in the industry.” The bill directs the Federal Motor Carrier Safety Administration (FMCSA) to consider compliance with the ADA rules in determining whether to grant operating authority to bus companies. The bill also requires FMCSA to grant operating authority to bus carriers only if the carrier is willing and able to comply with the ADA requirements and authorizes FMCSA to consider failure to comply with the ADA requirements when deciding whether to revoke or suspend authority.
www.atu.org
SEPTEMBER/OCTOBER 2008
15
LABOR LINGO: I TO P An essential element of knowing your rights as an ATU member is understanding the terminology of labor-management relations. With that in mind, this is the third in a series of columns providing a glossary of common labor terminology.
Impasse: The point at which collective bargaining negotiations essentially break down or deadlock and it is determined that no further progress can reasonably be made toward finalization of a labor contract. Declaration of impasse usually proceeds the implementation of any available impasse resolution procedures, such as interest arbitration or fact-finding, and otherwise can pave the way for a strike where properly authorized by the union membership or an employer lockout. Injunction: A court order that directs a person or organization to perform or to cease a specified activity, usually on the ground that the complaining party will otherwise suffer irreparable injury from unlawful actions of the other party. Labor Dispute: A disagreement between parties to a collective bargaining agreement over the terms to be included in their contract (an “interest” dispute) or the interpretation of the terms established under an existing labor contract (a “rights” dispute). Labor Relations Board: A quasi-judicial agency set up under federal, state, or provincial labor relations acts whose duty it is to adjudicate complaints alleging unfair labor practices and to certify collective bargaining agents for employees following the conduct of agencysupervised representation elections. Last, Best and Final Offer: The final proposal of a party in collective bargaining negotiations. Submitting a last, best and final offer signals a serious intent to settle by notifying the other side the submitting party believes it has reached its “bottom line” in the negotiations. Layoff: Dropping a worker temporarily from the payroll, usually during a period of slack work, with the intention being to call the individual back to active duty when needed. Local Union Bylaws: The rules adopted by the membership of a local union which, once approved by the International Union, govern the way it operates and conducts business, including the procedures for electing officers, the handling of finances and the conduct of monthly membership meetings. Lockout: An employer’s post-negotiation impasse refusal to allow employees to work or be paid. Akin to an employer-forced strike or job action, a lockout is designed to gain bargaining concessions from the negotiating labor union.
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LMRDA: The Labor-Management Reporting and Disclosure Act, also known as the “Landrum-Griffin Act,” is a U.S. law which grants certain rights to union members working in the private sector and protects their interests by promoting democratic procedures within labor organizations. Management Rights Clause: A provision in the labor contract that expressly reserves to management certain rights and specifies that the exercise of those rights is not subject to the grievance procedure or arbitration. Mediation: A process under which a neutral third-party, or mediator, is brought into collective bargaining negotiations in order to act as a go-between and to assist the parties in reaching an agreement. Merger of Seniority Lists: The combining of separate seniority rosters when divisions of an employer consolidate or two employing entities restructure into one. When the new combined list puts one group of employees beneath the entirety of another group, the process is referred to a “endtailing.” Where existing seniority dates are preserved for all purposes, with the result that the combined new roster shows some workers from the second group above the first, the process is referred to as “feathering” or “dovetailing.” Negotiating Committee: The group of union members selected to negotiate a collective bargaining contract with an employer. No-Strike Clause: A provision in a collective bargaining agreement under which the union agrees that it will not engage in any job action during the life of the contract. Past Practice: An unwritten but long-standing and consistent practice or procedure that has become both customary and expected. In the absence of labor contract language on a given subject, past practice may be binding upon the parties. Pension Benefit Plan: A fund or program that provides retirement income to employees or defers portions of their income for subsequent distribution later on in the employee’s lifetime. Precedent: The legal concept that prior decisions govern, and must be followed in, later cases. The general rule is that prior opinions are not binding upon a labor arbitrator. They may, however, be considered in determining a given dispute and an arbitrator will often find such opinions relevant where comparable facts or considerations are presented.
www.atu.org
The Amalgamated Transit Union
2009 Scholarship Competition IN MEMORY OF: OLIVER GREEN The 2008-2009 scholarships are dedicated to the memory of former International Secretary-Treasurer Oliver Green, the first AfricanAmerican to hold an ATU international executive office. Green was elected International Vice President in 1975, and remained in that position until he was elected International Secretary-Treasurer in 1989. He was re-elected IST at every subsequent Convention until his retirement in 2000. He died at the age of 77, on May 18, 2008. This year, the program will consist of five scholarships each in the amount of $5,000. In addition, a $2,000 scholarship may be awarded to a vocational school applicant.
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ELIGIBILITY
APPLICANTS MUST BE EITHER:
1.
a member of the ATU in good standing; OR
the child (whether natural or legally adopted) or stepchild of a member or of a deceased member who was in good standing at the time of his or her death.
2.
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Valid applications for the ATU Scholarship Program MUST include the following: • Completed Official Application Form • Scholarship Questionnaire • Written Essay
THE APPLICATION FORM
1.
3.
ATU Scholarships are NOT available to the following persons:
those who do not intend to work without interruption toward a bachelor degree or graduation from a technical or vocational school,
2.
those who are attending or have already attended college, technical or vocational school,
spouses and/or grandchildren of members,
those who are fully funded for tuition, fees, and books from other sources.
www.atu.org
O
APPLICATION PROCEDURES
Applicants must be high school seniors planning to enter college (or technical or vocational post-secondary school) for the first time following graduation during the 2008-2009 school year, or previous high school graduates who have never undertaken post-secondary schooling.
ATU International Officers, International Representatives, staff, and other employees or their dependents, and
R
3.
4.
Official Application forms can be obtained from any ATU local union or through the ATU Scholarship Program Office, 5025 Wisconsin Avenue, N.W., Washington, DC, 20016-4139, Tel: (toll free) 1-888-240-1196. You may also use the copy published in our In Transit magazine. Completed applications must be sent by first class mail to the ATU Scholarship Program Office at the above address. Applications must be POSTMARKED NO LATER THAN JANUARY 31, 2009. Late applications will not be accepted.
Upon receipt of the application by the ATU Scholarship Program Office, applicants will receive the following materials by return mail:
• Scholarship Questionnaire • Bibliography of Suggested References for the Essay
SEPTEMBER/OCTOBER 2008
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SCHOLARSHIP QUESTIONNAIRE 1.
2.
3.
2.
Applicants, and/or their parent or legal guardian, must sign the authorization statement for the release of the information requested in the Scholarship Questionnaire. The form should then be presented for completion to the principal or headmaster of the secondary school attended by the applicant. Applicants are responsible for ensuring that this form is returned to the ATU Scholarship Program Office POSTMARKED NO LATER THAN MARCH 15, 2009.
Essays must be sent, preferably with the Scholarship Questionnaire, by first class mail to the ATU Scholarship Program Office, POST MARKED NO LATER THAN MARCH 15, 2009.
DEADLINES All deadlines will be strictly enforced. Any application which is incomplete or is not postmarked on time will not be considered.
SELECTION OF SCHOLARSHIP RECIPIENTS
ESSAY
The ATU International shall appoint a Selection Committee of community, academic, and labor leaders. No ATU officer, member, staff or employee shall participate in the final selection process.
1.
Applicants will be judged on the basis of their scholastic record, involvement in community, extra-curricular activities, and the quality of the essay submitted.
Applicants are required to write an essay of no less than 500 words and no more than 750 words in English, French or Spanish on the subject of:
“Organized Labor’s Contribution to the Welfare of the People of the United States” (for residents of the United States)
OR
“Organized Labour’s Contribution to the Welfare of the People of Canada” (for residents of Canada)
The Committee shall select five academic scholarship winners and five alternates, and one technical or vocational scholarship winner and alternate. Decisions of the Committee shall be final. If a recipient is disqualified due to a failure to fulfill all Scholarship Program requirements, the ATU Scholarship will be awarded to the next qualified alternate.
NOTE: The essay will be evaluated on an analysis of the topic - the facts and arguments - that are presented as demonstrating that the student understands the topic, and the effectiveness of the essay in demonstrating how organized labor benefits everyone, whether they are union members or not. Grammar, style, organization and presentation will also be evaluated.
The recipient(s) will be notified by mail of their award and will also be given a form to complete in order to obtain the scholarship funds. Upon the return of the required information, a check will be issued to the university or vocational school in the appropriate amount. The award will be restricted to the payment of tuition, books, and associated fees.
CUT HERE
The Official 2009 Scholarship Application Form RETURN COMPLETED APPLICATION POSTMARKED NO LATER THAN JANUARY 31, 2009 TO: ATU SCHOLARSHIP PROGRAM, AMALGAMATED TRANSIT UNION, 5025 WISCONSIN AVE, NW, WASHINGTON, DC 20016 Please Print or Type
High School Address:
Name of Applicant: (First) (Middle)
(Last)
Name of Principal:
Address:
List in order of preference, the accredited colleges, technical or vocational institutions to which you are applying for admission (no abbreviations):
Phone Number: Name of Sponsoring ATU Member:
1.
ATU Member’s Local Union Number:
2.
Relationship of ATU member to applicant:
3. (Self, Child, Stepchild)
High School: Month & Year of Graduation:
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I hereby certify that to the best of my knowledge and belief the above information is true and correct.
Applicant’s Signature Date
www.atu.org
Arbitration Decisions ATU Local 1764 and MV Transportation ISSUE: Whether a group of employees was discharged, demoted or transferred without just cause by MV Transportation. SUMMARY: In 2007 MV Transportation conducted two separate background checks of its employees. Some of those checks returned information the company later used to fire or transfer a large group of them. MV surmised that the information obtained in the background check disqualified these drivers from employment and served as evidence that they had falsified their employment applications. The union grieved the action, claiming that none of the employees were given adequate due process, the company failed to prove that the employees lied in their applications and that mitigating factors preclude discharge. HOLDING: On July 18, 2008 Arbitrator Alfano held that “the Company did not establish just cause for the termination of the grievants’ employments since the Company did not prove that they falsified their applications by knowingly withholding their criminal history information. The application is confusing, contradictory and poorly drafted, thereby causing confusion for the grievants. Furthermore, the Company violated the just cause standard for discipline by not performing a minimally acceptable investigation, by not providing a pre-termination meeting, and by not providing the grievants with a sufficient notice of discharge with reasons therefore.” The arbitrator reinstated the grieving employees back to their former positions; all but two with back pay and benefits.
ATU Local 1742 and Mid-Ohio Valley Transit Authority ISSUE: Did the Employer violate the collective bargaining agreement by failing to timely administer discipline to the Grievant for a traffic accident; and if so what shall the remedy be? SUMMARY: A fifteen-year veteran driver notified his supervisor about a minor accident that he was involved in with a pick up truck at a local grocery store parking lot. At the scene the supervisor took some photographs, but did not interview the other driver or any of the witnesses to the accident, nor did he did not notify the police of the accident because the police department in the jurisdiction has a policy of not investigating traffic accidents that occur on private property. Thus, no official police report was prepared. Sometime later the authority received a phone call from the owner of the pick up truck because his claim had been denied by the insurance company. After speaking to the vehicle owner and a potential witness via telephone, the employer asked the insurance company to reopen its investigation. Following this the employer decided the accident was preventable and issued the grievant one safety point. The union grieved this action, arguing the discipline was issued well outside of the contractually permissible 20 calendar day limit. HOLDING: On April 28, 2008 Arbitrator Kohler found that the employer violated the collective bargaining agreement by assigning a safety point to the grievant. The decision to discipline the employee was made well after 20 days from the conclusion of the investigation as allowed by the collective bargaining agreement. He ruled the point to be removed from the employee’s personnel file along with any record of discipline related to the incident.
WHAT’S HAPPENING? There’s a big wide world out there, and it’s tough to keep up with all the events which can affect your profession and your livelihood. One of the easiest ways to stay informed is to go to your union’s website: www.atu.org. There you’ll find the latest news about the ATU, mass transit, and Labor which will put you ahead of the curve in your knowledge of the issues which are most important to you, your family, and your co-workers.
Don’t stay in the dark! Find out what’s going on. Check in with www.atu.org, often. www.atu.org
SEPTEMBER/OCTOBER 2008
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LOCAL 285 - Steubenville, OH Steel Valley Regional Transit Authority
Local President Mark Sanders and International Vice President Janis Borchardt report settlement. TERM:
3 years
WAGES:
Top Operator 1/1/08 - 2.0% - 30¢ - $15.40 (was $15.10) 1/1/09 - 2.0% - 31¢ - $15.71 1/1/10 - 2.0% - 31¢ - $16.02
H & W:
Employer pays $7,500/month to cover employee’s (to $8,000 on 9/1/08)
1/1/08 - 12/31/10
SICK LEAVE: Personal time charged in one hour increments
LOCAL 587 - Seattle, WA
Solid Ground/Seattle Personal Transit Local President Lance Norton and International Vice President Don Hansen report settlement. TERM:
1 year
WAGES:
Top Operator 8/2/08 - 6.2% - $1.03 - $17.50 (was $16.47)
NOTE:
The contract was ratified by a vote of 29 to 28.
2/1/08 - 1/31/09
LOCAL 588 - Regina, SK
First Bus Canada, Ltd. (Regina Paratran Division) Local President Mike Ehmann and International Vice President Randy Graham report settlement. TERM:
3 years
WAGES:
Top Operator - Lift Operators 7/1/08 - $17.40 7/1/09 - 7.6% - $1.32 - $18.72 7/1/10 - 3.0% - 56¢ - $19.28
7/1/08 - 6/30/11
Van Operators
7/1/08 - $15.40 7/1/09 - 11.8% - $1.82 - $17.22 7/1/10 - 6.2% - $1.06 - $18.28
LOCAL 788 - St. Louis, MO
Laidlaw Transit (East St. Louis Branch) Local President Edward Fleming and International Vice President Javier Perez report settlement. TERM:
2 years
WAGES:
Top Operator 7/1/08 - 2.0% 1/1/09 - 2.0% 7/1/09 - 2.0% 1/1/10 - 2.0%
BONUS:
Safety bonus - $200/year with no accidents. Attendance bonus - $100/year
7/1/08 - 7/1/10 -
27¢ 28¢ 29¢ 29¢
-
$13.97 (was $13.70) $14.25 $14.54 $14.83
LOCAL 1338 - Dallas, TX
Dallas Area Rapid Transit (DART) Local President Kenneth Day and International Vice President Janis Borchardt report meet & confer resolutions. WAGES:
CORRECTION: The May/June In Transit incorrectly listed the charter city for Local 256 as Concord, CA. It should have listed Sacramento, CA.
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IN TRANSIT
Top Operator 10/1/07 - 4% - .752 - $19.567 (was $18.815)
Top Mechanic 10/1/07 - 4% - .880 - $22.891 (was $22.011) H & W:
Add $125 flexible spending account
SHOE ALLOW.: $115 (was $100)
www.atu.org
LOCAL 1433 - Phoenix, AZ
LOCAL 1574 - San Mateo, CA
Local President Robert Bean and International Vice Presidents Bill McLean and Don Hansen report settlement.
Local President Esteban Ballete and International Vice President Bill McLean report settlement.
TERM:
3 years
TERM:
3 years
WAGES:
Top Operator 7/1/08 - 5.7% - $1.00 - $18.50 (was $17.50) 7/1/09 - 8.1% - $1.50 - $20.00 7/1/10 - 6.25% - $1.25 - $21.25
WAGES:
Top Operator 7/1/08 - 3.25% - 83¢ - $26.45 (was $25.62) 6/21/09 - 3.25% - 86¢ - $27.31 6/20/10 - 3.25% - 89¢ - $28.20
Fuelers/Cleaners 7/1/08 - 24.1% - $2.73 - $14.06 (was $11.33) 7/1/09 - 2.0% - 28¢ - $14.34 7/1/10 - 2.0% - 29¢ - $14.63
Top Mechanic “A” 7/1/08 - 3.25% - $1.01 - $32.15 (was $31.14) 6/21/09 - 3.25% - $1.05 - $33.20 6/20/10 - 3.25% - $1.08 - $34.28
PENSION:
VACATION: 15+ years of service - 4 weeks, 5 day cash out option at end of each year
H & W:
2009 rates frozen - employer pays 100% for employee, employee +1 and family $200/month opt out Rates for post retiree medical are frozen @ 2009 rates
SICK LEAVE: 6 personal days/year- may be cashed out
HOLIDAYS: Personal time off accrual 180 days (1440 hours) with buy back option
GUARANTEE: Extra board guaranteed 35 hours/week (was 30 hours)
UNIF. ALLOW.: $500/year
UNIF. ALLOW.: Increased by $75 by end of contract
NOTE:
First Transit
NOTE:
San Mateo County Transit District (SamTrans)
7/1/08 - 6/30/11
ATU 401(k)
(New) Domestic partnerships recognized by employer. Student instructor premium $1.00/hour. No employee required to operate vehicle without AC or heat for longer than 1 hour. The contract was ratified by a vote of 123 to 31.
7/1/08 - 6/30/11
Utility workers shift differential - 7.5% premium The contract was ratified by a vote of 174 to 138.
LOCAL 1576 - Lynnwood, WA First Transit
Local President Kathleen Custer and International Vice President Don Hansen report settlement.
LOCAL 1433 - Phoenix, AZ Veolia (Rental Car Corporation)
TERM:
3 years
Local President Robert Bean and International Vice President Don Hansen report settlement.
WAGES:
Top Operator 6/1/08 - 3% - 55¢ - $19.31 (was $18.75) 6/1/09 - 3.5% - 69¢ - $20.00 6/1/10 - 4.0% - 79¢ - $20.79
6/1/08 - 5/31/11
TERM:
1 year
WAGES:
Top Operator 3/3/08 - 3% - 35¢ - $12.13 (was $11.78) 7/1/08 - 2% - 24¢ - $12.37
BONUS:
On time bonus - $125/quarter
H & W:
Employee contribution $49 first year (to $59 in years 3)
H & W:
Employee’s medical contribution frozen at current level for duration of agreement.
PENSION:
Employer match up to 100% for 401k (was 50%) up to 1% of gross
3/3/08 - 2/29/09
VACATION: Add use of single days and buy back option for unused hours BEREAVEMENT: Add grandparents and grandchildren
LOCAL 1547 - Brockton, MA
UNIF. ALLOW.: Add light weight jacket
Northeast Transit (was Bay Colony)
NOTE:
Local President Richard O’Flaherty and International Vice President Richard Murphy report settlement. TERM:
4.5 years
WAGES:
Top Operator 8/24/08 - 3.4% 8/24/09 - 2.6% 8/24/10 - 3.0% 8/24/11 - 3.0% 4/29/12 - 0.3%
H & W:
Short Term Disability: $360/week (to $375/week on 8/1/09, $390 on 8/1/10, $405 on 8/1/11 - was $350)
The contract was ratified by a vote of 43 to 38.
11/3/07 - 4/31/12 -
55¢ 43¢ 52¢ 53¢ 07¢
-
$16.70 (was $16.15) $17.13 $17.65 $18.18 $18.25
2008
ATU Training and Events
LIFE INSUR.: $30,000 (was $25,000) PENSION:
Employer contribution 3.5%, employee contribution 7% ( was 3%, 6%) Vesting after 1 year (was 2)
PART-TIME: One personal day, one holiday, one day bereavement leave (was Ø) NOTE:
Instructor pay - 75¢/hour (was 50¢) The contract was ratified by a vote of 20 to 7.
www.atu.org
November 16 – 21
Financial Secretary Seminar Silver Spring, MD
November 18 – 23
Arbitration Seminar Silver Spring, MD SEPTEMBER/OCTOBER 2008
21
In Memoriam Death Benefits Awarded July 1, 2008 - August 31, 2008 1 - MEMBERS AT LARGE FRANK E ANDERSON ROY H CAMPBELL JOSEPHUS R CARSON WILLARD L COFFEY LELAND KIETH DINGMAN DONALD W ROUND HARRY P RUSSELL ELMO RUSSELL SMITH BILLY TAYLOR SAMUEL LILLARD WALKER 26 - DETROIT, MI RICHARD DECKER HOYT ERNEST RICHARDS 85 - PITTSBURGH, PA WILLIAM A ANDERSON GINO CHIODO REGIS H GALLAGHER STEPHEN J GAZZO GEORGE D GUNNER RICHARD F KRULUTS KENNETH PRESCOTT GERALD J SARSFIELD STEPHEN J SMIRGA 107 - HAMILTON, ON NORMAN COPLEY RODNEY D PATRIQUIN 113 - TORONTO, ON DOUGLAS SKENE TROUP 192 - OAKLAND, CA MARJORIE P EZELL FREDERICK M SALAICES 241 - CHICAGO, IL WILLIE C BOBBITT IMELDA D BROWN ERIAS HARRIS JR LA SHAWNA S JOHNSON ALLEN JOINER THOMAS L MOORE CHARLES B MORRIS EDWARD I OJER FRANCISCO RIOS DANIEL F SERRITELLA CLEONA SIMONEAUX FRANCIS A SWIONTEK WILLIE THOMAS QUEEN E TINER NAPOLEON WHITE JR THADDEUS J ZDEB 265 - SAN JOSE, CA STEVEN C CIRNER DOROTHY M HOGAN WESLEY E NASH
22 22
INTRANSIT TRANSIT IN
268 - CLEVELAND, OH TOM MAYO JR 272 - YOUNGSTOWN, OH THEODORE E RORICK
JAMES MULLETT EMILIO A ROMANO JOHN J SHEA RONALD M SIEGER WARREN E WRIGHT
279 - OTTAWA, ON GAETAN BESNER MICHAEL R DRYBURGH PHILLIP M MONCRIEFF ALFRED PROULX HECTOR PROULX
615 - SASKATOON, SK HENRY EDWARD SAWATZKY
281 - NEW HAVEN, CT ELWIN JOHNSON HENRIETTA SKOMRO EVELYN STRICKLAND
627 - CINCINNATI, OH VERNON HARVEY ERWIN J HEIMLICH
308 - CHICAGO, IL ERVIN J BARKER MATTHEW BRYANT JR HARRY E DIEHL JR CECIL O”QUINN RONALD RAMSEY BERNICE RICHARD 425 - HARTFORD, CT ROBERT C ROYLE WILLIAM SEYMOUR JOHN SILLIMAN HECTOR WILLIAMS
618 - PROVIDENCE, RI JAMES CLEMENTS HENRY A SILVIA
628 - COVINGTON, KY JAMES A TAYLOR JR 689 - WASHINGTON, DC ARNOLD BUCKLAND JOHN W BYRD JOSEPH HEYWARD RONALD L ROACH THOMAS R RUSSELL VICTOR H SIZE DEBORAH R SMITH 691 - SPRINGFIELD, MO JAMES W RICHARDSON
448 - SPRINGFIELD, MA WILLIAM BEDNARZYK
713 - MEMPHIS, TN BENJAMIN R HARRELL
569 - EDMONTON, AB BRUCE A AKERLUND
717 - MANCHESTER, NH JOHN T MAHONEY
580 - SYRACUSE, NY CHARLES W HAWTHORNE
725 - BIRMINGHAM, AL FRED S NORTHINGTON
583 - CALGARY, AB ALEXANDER SINGER
726 - STATEN ISLAND, NY ANTGHONY J DIPIERTO
587 - SEATTLE, WA ERIC B HODNETT DONALD R RICE JOE A RINGLAND NICOLE C RUSSELL
757 - PORTLAND, OR ALEXANDER BAIN JR RICHARD A BUCEY LUCINDA CURIEL MICHAEL B IWAI
589 - BOSTON, MA HAROLD R ARBOUR ROBERT P FISCHER FRANCIS A FORCINA PATRICK L FORREY JR JOHN T GERAGHTY MARY T HOULLAHAN COLIN F MAC GILLIVRAY DANIEL F MC NEELY
758 - TACOMA, WA JOHN HENRY MURPHY 788 - ST. LOUIS, MO GLENN H BUNDRICK JOHN E CAVENDER KENNETH D HOUSE ALBERT F MADLINGER ANGELO L SAVIO
BEN SIMMONS HENRY W THOMURE 819 - NEWARK, NJ PERCY THOMPSON JR JOSHUA WEBB THOMAS WILLIAMS 822 - PATERSON, NJ GEORGE BUZINKY JR 842 - WILMINGTON, DE CHARLES RICHARDS 847 - ST. JOSEPH, MO ARTHUR ROY DAVIS DAWN A DIETDERICH 880 - CAMDEN, NJ CARL E ADAMS HAROLD CAMPANELL ROBERT RILEY 998 - MILWAUKEE, WI LEO L BERTOLINI SEAN R BURDITT CHARLES M JOHNSON HENRY A PARKER 1005 - MINNEAPOLIS & ST. PAUL, MN DAVID E PALMER MICHAEL J SCHIMINSKY WILLIAM D THARP CLAYTON C TOWNSEND 1037 - NEW BEDFORD, MA ANTHONY PINA JOSEPH V SMITH 1056 - FLUSHING, NY ALBERT BOUKNIGHT SANTO DI GREGORIO NICHOLAS J GIORDANO RICHARD GLANCZ ROBERT GREEN MARTIN J HART MALVIN H JOHNSON ROBERT F KLOBUS JAMES F LEWIS GEORGE W LINDSAY JOHN P MAIORANO MICHAEL A MARINO EVERETT MC MILLIAN JAMES MC NEILL JOSEPH A PASTORE WILLIAM A PLEVKA WALTER F RAY ANGELO L SANGIRARDI
DANIEL J SCULLY SALVATORE SINARDI RAYMOND L TAYLOR JOHN A VELLUCCI XAVIER F WALKER O. D. WOOLARD 1070 - INDIANAPOLIS, IN STANLEY WILSON
1287 - KANSAS CITY, MO JOHN E NAYLOR 1300 - BALTIMORE, MD RAYMOND R SEIFERT 1309 - SAN DIEGO, CA SAMUEL M SNODGRASS
1145 - BINGHAMTON, NY BERTAN H IRVING
1342 - BUFFALO, NY WALKER ALEXANDER JR MARVIN CONRAD SARA GIST
1177 - NORFOLK, VA LLOYD JOYCE BARCROFT KENNETH L NIMMO LAURISE R WILBORN
1374 - CALGARY, AB RUSSEL A BUDD
1181 - NEW YORK, NY CONCETTA V AIOSA MARION BACHLER MILDRED CASTELLI CARMELO JAMES CIANI ROSE DE MARTINO JAMES JOHN DOOLEY LOUISE A ESOFF WILLIAM R FITZGERALD MICHAEL HERAGHTY DESMOND H KERR JOHN A LENDINO MARIE MALBIANCHI JOSEPH MANTONE JAMES MARINGO YOLANDA NAPPI GEORGE NICHOLLS PHILIP J OREILLY ROSA PALAZZOLO PATRICIA RAINEY BORIS SLAVIN JOSEPHINE M WEBSTER
1447 - LOUISVILLE, KY DOROTHY A CHINN KENNETH ELBERT FRANK SALES 1496 - WILLIAMSPORT, PA RICHARD O ADERHOLD 1505 - WINNIPEG, MB GORDON ANDREW KAAKE WILLIAM MOTT 1517 - IDAHO FALLS, ID CHRISTINE KAY 1547 - BROCKTON, MA JOSEPH F DOHERTY 1577 - WEST PALM BEACH, FL ANTONIO ROJAS 1589 - LONG BEACH, CA RICHARD L LOTZ
1225 - SAN FRANCISCO, CA 1625 - BUFFALO, NY ROBERT LEO HIRAM GRABINSKE COLFORD JOHNSON MORRIS 1700 - CHICAGO, IL CLARENCE M JONES 1235 - NASHVILLE, TN JAMES L MOORE THOMAS T SLOSS WALTER R TUCKER DONNIE R WATSON 1241 - LANCASTER, PA ELVIN B KIRCHOFF 1251 - BATTLE CREEK, MI JAMES L BRINKERT 1277 - LOS ANGELES, CA RONALD G DEFOREST CHARLES H JENNINGS LAWRENCE R MEAD
www.atu.org www.atu.org
I Did It! So Can You... R
emember Jethro Clammpett? It only took him eight years to finish the third grade? Well, I earned my Bachelor of Arts Degree in Labor Studies at age 55. It was one of the proudest moments of my life when I walked the graduation line at the National Labor College in Silver Spring, MD, on June 28. The AFL-CIO established the school to strengthen union member education, activation and organizing skills. In 1997, NLC began granting college degrees; now the Middle States Commission of Higher Education accredits the college, and starting next fall, students can apply for federal student loans to complete their education at NLC. The school is all union: ground keepers, cafeteria staff, teachers, everyone! They even sell fair trade coffee at the snack bar.
issues, the stories, the legends, the events, the headlines, the massacres, the martyrs, the songs, the strikes, the conditions, the diversity and the solidarity. The classes instilled a sense of purpose in the things we do everyday as union members. Additionally, I strengthened my writing skills, and my ability to research topics online as well as in a library. Students devote a lot of effort into researching a topic of interest on a personal level for the senior project. My project documented the process of raising money from unions affiliated with the Boise Central Trades and Labor Council to be used as seed money to qualify for federal grants to build bus shelters for our transit system. It also documented the application process to the Boise City Arts Council for a grant for public art to decorate the shelters with murals that will document workers’ contributions to building the community.
Instructors Demand Your Best Effort, Share Your Joy I was enticed back to school because the instructors understand that union members and officers have heavy demands on personal time. They understand that non-traditional students have more life issues that interrupt study time. They understand that those who attend have a serious desire to earn the degree, and serious fears about writing a thesis after decades of writing nothing but grievances. Most important of all, they want you to graduate; they demand your best effort, and share your joy when you reach that goal. There are a few classes that are totally online, but most classes require a “week in residence.” That means you attend classes on campus for six consecutive, and very intense days. The rest of your work is done online through a program called “Blackboard.” Students are required to comment on the topics weekly and respond to other class member’s comments and opinions.
From left, are National Labor College President William Scheuerman; Former U.S. Senator John Edwards, commencement speaker; Karen Newman, 398-Boise, ID; and AFL-CIO President John Sweeney at the College’s graduation ceremony, June 28, in Silver Spring, MD.
Art in Transit Has Practical Purpose
Enjoyed Classes
My research taught me that art in transit not only increases the visibility of public transit and makes the system more user-friendly, it also decreases vandalism and graffiti. It also enlightened me regarding jurisdiction disputes between city, county and transit authorities; licensing, engineering, and EPA regulations of construction; and several other issues involving lots of red tape. I started the project in January 2006; if all goes well, the shelters will actually be built in fall of 2009.
There are no tests. You write thesis papers. One of the biggest surprises of my life came when I realized that I was enjoying writing a thesis paper on “The Lasting Impact of the Columbian Exposition of 1893 on American Art and Culture.” (It was like a world’s fair. Hamburgers were introduced to the country, as was “Juicy Fruit” gum, “Cracker Jacks,” “Cream of Wheat” and the Ferris wheel.)
I am very proud of the education I received from the National Labor College. I am grateful to both ATU and AFL-CIO for their support of the school, and for recognizing that union training and life experiences are worthy of recognition for college credit. I encourage anyone reading this article and considering completion of a college degree to visit: http://www.nlc.edu/
The best part of my NLC experience was that I really enjoyed my classes. I learned about union history, the leaders, the battles, the politics, the
— Karen Newman, President, B.A. Local 398-Boise, ID
www.atu.org
SEPTEMBER/OCTOBER 2008
23
PROUD TO BE ATU Moving the U.S. and Canada Safely
ATU New Orleans Locals Help With Evacuation W
as it “déjà vu?” Hurricane Gustav was hurtling toward the Gulf Coast and was expected to reach landfall almost three years to the day after New Orleans had been devastated by Hurricane Katrina. But, this time the city was prepared, and ATU’s New Orleans Locals 1400 and 1560 played an important role in the evacuation of the city. “I’m so proud of my drivers,” said Local 1560 President Joseph Prier, Jr., “without them the evacuation could not have been done.” The New Orleans Regional Transit Authority (RTA), supplied 40 buses to provide free transportation to any resident who needed it to get out of town, and ATU members were the drivers. ATU’s New Orleans operators ferried thousands from locations in the city to terminals where they boarded over-the-road transportation to evacuation sites. “It’s amazing how many people have no way to get around other than public transit,” Prier observed. Prier was particularly surprised with the number of elderly and disabled residents he saw who were totally dependent upon transit to take them out of danger.
During Hurricane Katrina government officials did “everything wrong,” Prier asserted. But he believes that this time around “almost everything was done right.”
‘PEOPLE LOVE OUR DRIVERS’ The riders’ familiarity with the ATU drivers was another important factor facilitating the evacuation. “People love our drivers,” Prier stated, “They know them well.” The local president said that there was some initial reluctance by his members to participate in the evacuation because they remembered how badly they were treated during Katrina. However, they came around. “Our drivers did an excellent job,” he stated. Many of them stayed even after evacuating their own families out of town. Although the Category 2 storm had weakened by the time it made landfall on Louisiana’s southeast coast in the late morning of Labor Day, all but 10,000 of the city’s estimated 300,000 residents had already left town, thanks in large part to the efforts of ATU members in New Orleans.
GOVERNMENTS DID ‘ALMOST EVERYTHING RIGHT’ The RTA lost 200 buses during Katrina, but the RTA prepared for Gustav by moving buses and equipment to higher ground.
Amalgamated Transit Union
AFL-CIO/CLC 5025 Wisconsin Ave., NW Washington, D.C. 20016 www.atu.org
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