ATU Local 1433 Answer NLRB Case

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UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 28

AMALGAMATED TRANSIT UNION LOCAL 1433, AFL-CIO (Veolia Transportation Services, Inc.-Temp) And

Case 28-CB-I07986

DAVID AZBELL, an Individual

RESPONDENT'S ANSWER Respondent, Amalgamated Transit Union Local 1433 ("the Union"), for its answer to the Complaint, admits, denies and alleges as follows.

1.

The Union admits the allegations of paragraphs 1 through 5(a) inclusive.

2.

Answering paragraph 5(b), the Union admits that it was party to a

collective bargaining agreement with Veolia Transportation which has its term July 1, 2011 through June 30, 2013, and that the agreement contained, among other things, the language set forth in paragraph 5(b). The Union further alleges that the collective bargaining agreement was adopted by First Transit, the successor to Veolia Transportation, Inc., and the collective bargaining which was extended through July 31, 2013.

3.

Answer paragraph S(c), the Union admits that the Charging Party

voluntarily entered into a wage assignment which contains the language set forth in paragraph 5(c). The Union further alleges that the check-off authorization specifically provides as follows: "I understand that the Union membership is not a condition of this

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authorization, and that this authorization may be revoked as specifically provided by its

terms."

4.

Answering paragraph 6(a), the Union admits that on or about June 19,

2013, Mr. Azbell wrote the Union and expressed his wish to resign his membership in Local 1433. The remaining allegations of paragraph 6(a) are denied.

S.

Answering paragraph 6(b), the Union admits that Mr. Azbell notified the

Union on or about June 19,2013 of his desire to revoke his dues check-off authorization.

The Union denies that Mr. Azbell timely revoked the check-off authorization. The Union denies the remaining allegations of paragraph 6(b).

6.

Answering paragraph 6(c), the Union admits that it has continued to receive

monthly payments which the Charging Party agreed to pay under the terms of the checkoff authorization form and it denies that the Charging Party timely and effectively revoked the check-off authorization. The remaining allegations of paragraph 6(c) are denies.

7.

The Union denies each and every allegation contained in paragraph 6(d), 7

and 8 of the Complaint.

8.

The Union denies each and every allegation which has not been

specifically admitted or denied herein.

9.

The Union affirmatively alleges that the charging party has failed to state a

claim upon which relief may be granted.

THEREFORE, the Union respectfully requests that the Complaint be dismissed in its entirety.

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First

r; Transit

2050 West Rio Salado Parkway Tempe, AZ 85281 June 24,2013 Dear First Transit Bus Operator, On behalf of First Transit, I would like to formally welcome you to our Company. We employ thousands of operators across North America and are committed to being the most efficient, safest private transportation service in the country. We are honored that you have accepted employment with us and look forward to continuing this commitment of efficient, safe operations in the communities we serve.

I would like to thank everyone who attended our orientation meeting on June 23, 2013. I was very pleased with the turnout and received great feedback. Some of you may have apprehension on transferring to a new employer. This is not an unfamiliar feeling. If you have any questions regarding First Transit operations or any other employment related issues that was not answered at the orientation meeting, please contact me or one of my supporting staff and we will try to' address your concerns.

You are probably aware that the Company and Union are currently in negotiations for a collective bargaining agreement. First Transit has made a commitment to honor the existing wage and benefit levels for employees. Should a subsequently negotiated collective bargaining agreement require First Transit to provide different wage and benefits than what is provided on July 1, the Company will make whole any affected employees for all costs associated with the new wage and benefit levels retroactive to July 1,2013. As of the date of this letter, the Company's current offer to the Union provides the same wages and health benefit contributions as set forth in the Tempe CBA including your scheduled wage increase set for July 1, 2013. For those employees covered by the Mesa CBA and who select dependent health coverage, this represents a $600 increase in the Company's contribution to health coverage for 2013 and $2,400 in improved benefits in 2014.

This week, First Transit is sending our corporate staff to help with your enrollment in our health, dental, and vision benefits. Each of you will receive a personalized "Enrollment Packet" explaining our health benefits and how to enroll. If you are electing coverage, then you must complete your enrollment by July 1st. You may have questions regarding our insurance plans and how these plans are different from your current plans. You will notice that our plans are very similar to your previous health insurance plans.

I look forward to working with everyone as we provide dedicated transit operations to the community.

~s: Peter Greenbe~ General Manager