Trimess

Trimess
FOLLOW THE TWITTER FEED FOR UPDATES

Monday, February 14, 2011

BULLYING UNION EMPLOYEES

Workers say it's about union rights, not money
Public Worker Unions Get Ready For A Showdown Over Wage, Pension Cuts

TOO BAD NEIL MACFARLANE DOESN'T LISTEN TO DAVIS SALE

YOU CAN READ THE LATEST NEWS FROM THE WORLD OF BUSES

HERE!

IS TRIMET HEADED IN THIS DIRECTION?

The drivers’ demands include fewer split shifts, a cap on part time help and a repeal of what Fouts called “predatory management” — managers’ allegedly in search of driver misconduct by reviewing an entire day’s worth of video captured by on-board surveillance

Rally shows support for CCTA bus drivers

A BUS DRIVER I CAN RESPECT

A Bus Ride Goes for a Song

STUPIDITY CONTINUES ITS GRIP ON TRIMET MANAGERS!


Trimet dispatch has been bombarding us with messages about lane merges for over a week now!
I guess our managers are so confused, so disconnected from reality, that they just do not understand that it is impossible to measure our lane merges!

Hey, you desk jockeys, I have a suggestion.
Why don’t you just paint lines in the lanes showing us EXACTLY where the 100 foot mark is from any given stop?

Or even better, why don’t you do your jobs properly and eliminate all merges that are from spots less than 150’ from a turn?

Oh yea, that would be too much to ask, I forgot.
It’s easier to blame us for not carrying our tape measures in our back pocket so we can measure our turns!

TRIMET MASTERS OF THE "SHELL GAME"

PORTLAND TRANSIT WORKERS

Sunday, February 13, 2011

Letter to ROBERT ROMO-HAYDEN TALBOT-SHELLY LOMAX-EVEYLYN MINOR-LAWRENCE

Station Manager Romo;
This is my response to the “warning” letter from you and TriMet.

Before I respond to the letter itself I want to make the following comments. I find the personal meetings a waste of my time for two reasons:

1-The warning letter had already been written. There is no reason to discuss anything if the punishment has already been decided. To force me to attend a meeting where the outcome is already decided instead of mutually discussing the issue at hand is completely unproductive. It is also a waste of scarce TriMet resources required to cover my run while I attend.
2-I also find that I am having a hard time trusting your comments. I feel like you are attempting to misrepresent the actual situation.
Now to the letter

On December 17, 2010 there was a conversation between a TriMet Operator and TriMet
Dispatch which you posted on your blog. Although dispatch radio communication is an open
airway, the effect your postings had on your coworker outweighs any reason why someone
would want to post that event for the world to hear. As soon as management was aware of the postings I asked you to take it down. You did as asked

There was never any discussion about my “capturing” over the air dispatch calls in a disciplinary context. As a matter of fact I saw Josh Collins at a board meeting where he mentioned that he had seen the dispatch audio captures posted on my blog but gave no indication that this was in any way a violation of TriMet policy. The only time dispatch calls have been mentioned is in this letter of reprimand.

 I can recall many incidents where TriMet has recorded audio and/or video of employees. TriMet has released these recordings to the public, allowing them to be posted and or broadcast with no regard to the employee being offended, embarrassed, and distraught just before reporting to work to perform job duties. Footage from security cameras on buses, trains, and platforms has frequently been released to the media and played on the news without any indication of consent of the people depicted.

 As another example, TriMet had recorded a telephone conversation between a TriMet Operator and TriMet Dispatcher then allowed this recorded to be played by training to demonstrate why an operator is not allowed to talk on the phone and drive. This was played to many employees and though no names had been mentioned many employees knew who the operator was.

Additionally, TriMet TV (http://www.youtube.com/user/TriMettv) also shows operators, passengers, and other TriMet personnel in their videos. While in some videos it’s obvious that the people shown knew they were being recorded and therefore their consent can be implied, in other videos this is not apparent.  Does TriMet obtain “express permission” to use their images?

 As you acknowledged, when I was informed that the dispatch call in question upset a coworker, I removed the posting in the interest of adhering to a respectful workplace. However, I feel it is reasonable to request clarification of this policy, in particular if there are different standards to which operators are held versus management, training, marketing, or other TriMet employees. As it stands now it seems there are inconsistencies with how this policy is enforced for operators.

Continuing:

coworker outweighs any reason why someone
would want to post that event for the world to hear


You obviously did not see the video. Here is a screen shot of the video itself:






If you had seen the video, the intent behind posting would be clear. It was illustrating the unsafe working conditions created by TriMet and why Neil McFarlane’s attempt to reduce our health care coverage is questionable ethically. I was wondering if maybe Neil himself might have had a hand in this warning letter.



{On December 21, 2010 we met to talk about another posting you made about a different coworker. You stated that you would like to not have that person on your blog but you were not going to stand by and let this person slander, intimidate, or bully you on her blog. When I advised that you could file an HR complaint about this coworker you stated that this process is too much trouble.}

I am confused over why this is in the letter at all and what it actually means?
In any event, Ellen Fox continues violating me with impunity. I have informed you that she is making my job unsafe and causing me worry and concern. She is also projecting the idea that Trimet hires and retains criminals, which is what she is accusing me of, criminal activity.













Once again I would like to question the means by which TriMet enforces HR policies involving Employee Conduct (HR 166), Respectful Workplace (HR 171), and Internet Communications and Postings (HR 202). Am I to understand that TriMet will take action to enforce these policies only when an HR complaint is filed? If I do not take action through HR to file a complaint, is it correct that TriMet’s official response is to do nothing even though a manager has been made aware of a violation of these policies as the operator in question is using my image and name without consent? As I stated before I am ready and willing to follow TriMet policies but I would also like it clearly stated how these policies apply to all TriMet employees in the interest of fairness.

{On December 1,2009 you were given a performance counseling that contained explicit instructions about your use of video devices and posting employee audio/video images without express consent from the customers or coworkers. The letter referred to HR 202 Information Technology poli..gY,Jnternet Use and Communications: "Protocolfor internet communications and posting requires that: (bullet 5) you must obtain express permission of any TriMet employee or customer before making audio or visual recordings of them OR using such recording in an internet posting.}


In the original meeting I was informed that while ON DUTY I could not record any images or audio without permission of any other TriMet personnel. I was further informed that I could not do it OFF DUTY either. The conversation and the letter refer to MY PRESENCE in situations where I could record people. There was no talk at the meeting, nor mention in the first letter about anything in the PUBLIC DOMAIN. (insert below from original letter)









The last sentence in the statement above clearly indicates that I am no longer recording employees in the workplace, which is in accordance with all TriMet policies.
Attempts to now state that DISPATCH CALLS were included in the first letter are false!

After this conversation in December of 2009, I have been following the guidelines set by TriMet. However, all subsequent discussion pertaining to the audio capturing of dispatch calls falls outside the scope of what had been covered by TriMet. First, I was not personally present for the dispatch calls and did not personally record any of the people involved. Second, the audio capturing of radio broadcasts transmitted by governmental, civil defense, public safety, police or fire communications system that is readily accessible to the public is explicitly permitted under ORS 165.540, section 7. Therefore, I am within my rights as a citizen to capture this audio and republish it.
In the interest of a positive workplace, when I was informed that a call upset a coworker and was asked by management to remove it, I did, which you acknowledge. However, I violated no Oregon law, and I violated no TriMet policy. If legally permissible activities pertaining to open-air radio broadcasts, including but not limited to scanning, monitoring, capturing, or republishing are contrary to TriMet’s goals of operation, then I request an amendment to TriMet’s policy in this area to prevent further miscommunications on the subject.


.The next section of your letter that I object to:

You stated in our meeting that if it is already in a public domain then it is "free game." This is
incorrect.

I am not sure how you came to conclusion that “this is incorrect”. As I have already pointed out, there is no reference to public domain material that I had not personally recorded. You offer no explanation as how you came to the conclusion “this is incorrect”.
I also have concerns about the implications of this statement.   Are you stating that if Mary Fetsch appears on the evening news to make a statement, I cannot re-post the video from that news segment without first getting her explicit permission? Is audio/visual content from public events, such as TriMet board meetings, the opening of the Civic Drive platform, or safety events such as “Be Seen, Be Safe” against policy to post even though all of those can be freely covered by the media and other area bloggers? As I’m sure you are aware, our buses and trains are among the most photographed features in Portland, and many photographers post their work online on sites such as Flickr, Youtube, and Twitter. Are you saying that I would be in violation of TriMet’s policy by re-posting any of these photographs, even though they were not personally recorded by me and had been originally published online by a non-TriMet employee? I am very skeptical of the legality of this prohibition!

“Your prior performance counseling was due to a series of actions by you that
demonstrated a lack of respectful, courteous and professional conduct toward your coworkers.
This included surreptitious videotaping and recording of coworkers. For this reason, you were
put on express notice that you would not be able to publicly post information about coworkers
or customers without their express permission.”

I am confused as to why you would completely ignore the first letter which clearly states






The first meeting was absolutely not about my “lack of respectful, courteous, and professional conduct”!
I have no idea why you would intentionally make a statement like the one above when it was completely obvious that the purpose of the first meeting was to continue safe driving habits that I was already practicing and to address potential distractions! It seems an intentional distortion to now state otherwise
I strongly object to the statement completely. The connotation is made that I am trying to do something to HURT people! Nothing is further from the truth!  How many complaints have actually been received by employees and/or passengers about me filming or taping them? You refused to provide any information about the basis of your groundless accusation.

Let me conclude that I find this warning letter bizarre, unwarranted, and lacking a sufficient basis for the accusations contained within. It’s a 180 degree turn around from my previous encounters with management over my at-home behavior.
Your warning letter is full of distortions and inaccuracies.
I have already asked the ACLU to look into this, and
I am in the process of completing a Bureau of Labor Relations complaint and having my personal attorney look into this matter.

Al Margulies

STEP 2 REPORT


As the meeting with Jay got going, it became apparent that he had been convinced that I had been “warned” to get express permission before “making” an audio or video recording of any Trimet employee.

I then endeavored to explain to him that “making” meant my physical presence at the workplace with my camera, on or off duty.  He was under the impression that “making” means using any visual or auditory file where ever it may appear, including public domain material.

I then attempted to explain that there had never been any discussion around my use of public domain material until the letter from Robert Romo, where he made the statement “that is incorrect”.
The first letter had absolutely no reference to public domain material, but Jay seemed to think that “making” means posting anything, weather I personally made it or not.
“I am responsible for anything I post on my blog” is what I remember him saying. And if I post anything that uses pictures etc without permission then I am violation of HR202. (I continue to believe that this is absolutely not legally enforceable but that will require a court action)

I also tried to reference the HR investigation, which clearly delineated “scope” of policy with its ultimate ruling.
A-Not on Trimet equipment
B-Not on company time.
C-Not protected information.
D-I did not represent myself as speaking for Trimet.

Jay was not interested in any of that.
We wrestled back and forth about these issues. By the end of the meeting it did appear that he had opened up his mind to my point of view. He requested further information, which I have sent to him
.
So we will see, Jeff Ackerson seemed to think it went as well as could be expected, and he thinks Jay is a good judge of facts.

RESPONSE TO JAY JACKSONS REQUEST FOR MORE INFO

Hello Jay-

Appreciate your time and open mindedness in this procedure.
Here is the National Labor Relations board ruling.
Pay particular attention to this section please:

"The NLRB complaint also alleged that the company maintained overly-broad rules in its employee handbook regarding blogging, Internet posting, and communications between employees, and that it had illegally denied union representation to the employee during an investigatory interview shortly before the employee posted the negative comments on her Facebook page.

Under the terms of the settlement approved today by Hartford Regional Director Jonathan Kreisberg, the company agreed to revise its overly-broad rules to ensure that they do not improperly restrict employees from discussing their wages, hours and working conditions with co-workers and others while not at work, and that they would not discipline or discharge employees for engaging in such discussions. "

Original link to the NLRB:

http://www.nlrb.gov/news/settlement-reached-case-involving-discharge-facebook-comments

AP story about it:

http://rantingsofatrimetbusdriver.blogspot.com/2011/02/feds-settle-case-of-woman-fired-over.html

And here is the video itself, {NO PUBLIC VIEWING ALLOWED}

You will see the video is critical of Neil MacFarlane̢۪s attempt to change our health care coverage. I am clearly using this video to illustrate our abusive working conditions, and discussions such as this are protected under the NLRB ruling. There was obviously no "intent" to create any sort of disrespectful workplace for the person whose voice is in that video

I also contend that Trimet's internet's rules are most definitely "overly broad" and need to be more specific in nature.

All the discussions and letters were about my PHYSICAL PRESENCE when filming at Trimet.
There was never any mention or hint that public domain material (such as over the air dispatch communications) were part of that agenda.

Anybody can listen and publish an over the air communication, whether it be police, fire, or Trimet.

How can I can I obtain "express permission" when I have no idea who it was on that dispatch call?

To this day I have no idea who that was.
Thanks for your consideration into this matter.
Al


LATEST UPDATE IS HERE!

MORE GREAT VIDEOS THAT WOULD GET ME FIRED IF I TOOK THEM

http://www.youtube.com/watch?v=WAFyljtjdVQ&feature=related

LUCKY I DIDN'T FILM THIS EITHER!

FUN ON THE MAX TRAIN!
http://www.youtube.com/watch?v=KP-dqh1i2JI&feature=related

Ready for this Milwaukie?

GREAT TRIMET MOVIE HERE-Lucky he don't work here or else he could be FIRED!

ROAD SUPERVISOR HAULED AWAY ON STRETCHER...LOTS OF GREAT CAMEO'S OF TRIMET PERSONNEL!

http://www.youtube.com/watch?v=TSh8Ya_YzOc&NR=1&feature=fvwp 

Lots of jobs available, just not for drivers

TriMet: Jobs - TriMet Career Opportunities

KUDO'S TO TRIMET BUS DRIVERS

Donnyboy1984

Comment on your video: This is why I love being a bus driver

Kudos to all Trimet drivers! The two times I've ridden your buses I've had good experiences with them. Drivers are quite polite and helpful for a city

HOW TRIMET FINDS IT MANAGEMENT TEAM

NEIL MACFARLANE IS SERIOUSLY DELUDED

THIS GUY IS REALLY COOL

You can hear him heckling at the board meetings in the background!

SAM SWARZ ADRESSES THE BOARD

http://www.youtube.com/watch?v=QGUqpFF03SU

SPANISH NETWORK COVERS RYAN HAMMEL...WEIRD

VIDEO

TRIMET VIDEOS

LINE 71
LINE 9
LINE 12
DANCER AT 82
MAX
MAX
WES

READERS REPORT

READERS NOTICE!

Due to recent complications with Trimet management, certain items that were previously available to any member of the public are no longer being made available.
If you are interested in becoming a member of the various "private" blogs that are being set up due to these new interpretations of internal rules leave your email address as a comment on the blog.

Identities will be verified privately before allowing any unknown members to these new sites.

Since all the new "private" blogs will be discussing our work environment and personnel we are not allowing any member of the TRIMET management team to be a participant as allowed by the NATIONAL LABOR RELATIONS BOARD.

Any attempts by management to infiltrate any of these private sites will be reported immediately to the Labor Relations Board.

"Obsessive" bus blogger!

http://www.altech.org/2011/02/norfolk%E2%80%99s-bus-blogger-keeps-fans-in-loop/

Bus driver charged with rape

http://www.suntimes.com/news/crime/3786359-418/bond-set-at-100k-for-ex-bus-driver-charged-with-raping-disabled-woman.html

Killed by transit bus

http://www.baltimoresun.com/news/maryland/baltimore-county/bs-md-co-pedestrian-struck-20110212,0,4601158.story

Another transit strike

CBC News - Toronto - York Region Transit faces midnight strike deadline

Transit beer locations!

Transit Sleuth

HUNDREDS OF EXAMPLES OF TRIMET BREAKING HR RULES

RIGHT HERE!

Trimet HR violations!

TriMet: Boarding a bus | Flickr - Photo Sharing!

Let's see the release forms for all the people in that picture TRIMET!
Oh yea, I forgot, only I have to live by your rules, you don't have to live by them!

See dozens of examples of TRIMET breaking its own HR RULES RIGHT

HERE!

Earl T Nutt the Trimet figurehead!

Download safety_adventure.pdf - Free Ebooks - PDF Search Engine

Saturday, February 12, 2011

"This is some stuff about the bridge"

Someone forgot to replace the placeholder text with actual content!

Jan 2011 TriMet Board Meeting

TriMet won't post the audio from the meetings and now they say Al's not allowed - so I guess I have to do it.

Jan 2011 TriMet Board Meeting from Don't Worry Robert Romo, It's Not Al M on Vimeo.

Latest worldwide bus news

Here!

LET'S TAKE A CLOSER LOOK AT THIS #1 RATING FROM US NEWS AND WORLD REPORT

Criteria #1- per capita spending on public transportation
I certainly have no problem believing this statistic! Portland and Trimet spend wild amounts of money on transit “investments”. The debate would be “is it money wisely spent?” Other services are ignored while transit is the main focus of government spending. Is it money well spent? Time will tell.

2-number of safety incidents per million trips
This was a shock to me. Our management has been spending thousands of staff hours and tens of thousands of dollars to transform our culture to a “culture of safety”. So who’s mistaken? US News and World Report or Trimet executive management? If Trimet executive management has been using safety as a control method or propaganda tool then I we have a real problem with who’s running Trimet right now. If US News is wrong then the entire article can be disregarded as faulty research methodology.

3-the number of trips taken per capita
No problem believing this either. Trimet’s methods of collecting data along with its fare less square, and its bogus transfer system (which is basically unenforceable)which  allows riders to travel in any direction for as long as the transfer is good would definitely make this a believable statistic.

All in all, these ratings mean nothing. The only statistic that is of any value is the safety statistic.And that means our management is seriously deluded or just plain liars if the statistic is indeed accurate.

AC Transit Drivers Demand Safer Routes

KVTU

UNIONS/MANAGMENT CAN GET THE JOB DONE-JUST NOT AT TRIMET

"It's been several months in the works, but with some hard work and diligence by our respective negotiating teams, we've arrived at a settlement that's been well supported by the membership," said Davies.
Terms of the agreement include a seven-per-cent increase in wages over three years for the 241 transit workers, including bus operators, mechanics and support staff.

Leader Post 

Trimet's rail system is supposedly one of the best in the country, I find that hard to believe

The best thing about these systems is that they ARE FAST, REALLY FAST, no mingling with the automobile/bicycle/pedestrian traffic

Lake Oswego ready to GO BY STREETCAR

A final decision on a transit option connecting Lake Oswego to Portland continues to  roll along. The Portland Business Journal has a story today on the latest with the Lake Oswego to Portland Transit Project. This week kicked off a series of recommendations scheduled to be handled down over the next few months that will lead to the Metro Council making a final selection sometime this summer on one of three transit options. The streetcar proposal gained a victory on Monday when the alternative took 16 of 23 votes from the project’s community advisory committee. The other options on the table are an enhanced bus service and an alternative that calls for no transit improvements.

San Francisco Supervisors Demand Better Service of Transit system

Recently San Francisco supervisors Carmen Chu and John Avalos were not pleased with the explanations transit authorities gave in January for the increasing practice of leaving riders stranded

Digital Journal

Transit executive ready to sacrifice his exorbitant pay

San Mateo

Kansas City starts MAX service

Troost MAX bus route is off to a good start - KansasCity.com

Let's Strike!

We need to stop following the rules and strike this place!
No more business as usual!

Rantings of a man who works for a repressive government agency

February 11, 2011

Untitled from al m on Vimeo.

The internet greatest threat to the elites since Gutenberg

The Daily Bell

New driver at beaverton transit center spotted


Friday, February 11, 2011

ADRON HALL'S TRANSIT BEER CONFERENCE RESUMES IN SEATTLE!

punkrawker blogs on: Save the Date - Adron Halls Transit Beer: Seattle Edition

No board meeting!

I have the Audio of the january Trimet board meeting but internal Trimet rules prohibit me from posting it for public viewing!
Sorry but I work for a government agency that has a grip around my throat.

Labor problems at Mt Hood community college

The Advocate Online - May 28, – Volume 45, Issue 30

I SENT THIS VIDEO TO ROBERT ROMO , HAYDEN TALBOT, SHELLY LOMAX

Apparently Evelyn Minor-Lawrence can't receive email.
I sent it via company mail.

HOW REASONABLE IS THIS TURNING PROCEDURE?

(hopefully I won't be fired for posting this, not sure anymore about what I can and can't post)

THE NATIONAL LABOR RELATIONS ACT

http://www.nlrb.gov/national-labor-relations-act

IS THIS THE HILL I WANT TO DIE ON?

That's the statement of an attorney who has just given me the short answer without detailed investigation into the actual Trimet HR policies and viewing my letters of reprimand.


A comprehensive answer will require a lengthy interview with an attorney and all the supporting documents.

Some folks say to me, “why do you even care about any of this”?
It’s not that I couldn’t live without doing these particular activities, but its symptomatic of a larger problem going on not only in our little corner of the world here at Trimet, but the whole country!

It’s called the extinguishing of ideas.
It’s the method that the management is using to get me to comply with their “orders”.
It’s the entire organizations complete disregard of our rights as employees and citizens.

Allowing Trimet to rule what I do off the job is dangerous precedent, for everybody that works here.

Each victory for the management emboldens them to take further liberties in regards to their employees.

The fight is really about freedom, not dispatch calls.

I am writing a response to this letter from Romo, I will send it out when it is complete.
At that time I will request a meeting with Hayden Talbot to discuss this matter.
There is no rush to complete the task.

After that step is complete, I will decide if “this is the hill I wish to die on”.

In the meantime, obviously I have to comply with the restrictions put on my freedom.

TRIMET MANAGERS TORTURE SANDI DAY

Rage against the machine (trimet)

http://www.youtube.com/watch?v=vZ5wnOVBMlo

BULLYING YOUR EMPLOYEES INTO SUBMISSION

Companies that have a history of poor treatment of employees or those companies with bullying aggressive work environments are discovering that social networks are their worst enemies

HIGH TALK 

Another bus hit and run

New Jersey

Father of 10 run down by transit bus

New York

Bus drivers under the gun

Toronto

Bus driver charged in hit and run

Miami

I SUBMIT A REQUEST FOR REVIEW TO THE ACLU

FASCISTS IN CONTROL-no identification necessary to comment

Due to the fascist nature of our management, it is now permissible to leave anonymous comments on posts to prevent management identification and undue retaliatory  punishment against employees.

TYRANNY AT TRIMET-EMPLOYEES WILL BE PENALIZED EVEN IF THEY ARE PERFORMING LAWFUL ACTIVITIES

§ 165.540¹
Obtaining contents of communications

Except as otherwise provided in ORS 133.724 (Order for interception of communications) or 133.726 (Interception of oral communication without order) or subsections (2) to (7) of this section, a person may not:
(a) Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant.

7) The prohibitions in subsection (1)(a), (c), (d) and (e) of this section do not apply to any:
(a) Radio communication that is transmitted by a station operating on an authorized frequency within the amateur or citizens bands; or
(b) Person who intercepts a radio communication that is transmitted by any governmental, law enforcement, civil defense or public safety communications system, including police and fire, readily accessible to the general public provided that the interception is not for purposes of illegal activity.

I MISS FRED HANSEN

http://www.youtube.com/watch?v=8biUjQGdMLg

MANAGEMENT BY LIES AND DISTORTIONS

Read the following closely, as it was the basis of my punishment today:






Now read this, from the original letter of expectations:






As should be obvious, the first counseling is very clear that the purpose of that meeting was to help my on the job performance.
In the second letter, all of a sudden these liars that make up our management have decided that the purpose of the first meeting was to deal with my recording behavior!

IT’S A CLEAR LIE!
AN OBVIOUS DISTORTION!
They make it up as they go along!
There is no consistency in the management team whatsoever!