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Monday, February 17, 2014

Listen to the exclusion hearing of "Penny Lane"

This is really fascinating! Well done Rachel!
Original file is here!


Penny Lane exclusion hearing from al m on Vimeo.

41 comments:

Max said...

Rachal:
Which section of the TriMet code did they say you violated?

Penny Lane said...

You know, I don't even remember exactly which section. I just remember him saying that I was causing a disturbance. At the end when I was like "can I say something?" And the guy was like "no", I was going to tell him that I did not get up and instigate anything. It's just so humorous to me now, knowing how much lying was going on.

Al M said...

I didn't think you were gonna win Rachel after all there is precedent here and its not supportive of you.

The fact that you won is HUGE, the hearings officer had to qualify his ruling so as not to open a flood gate of appeals!

Very well done!

Penny Lane said...

I know, I honestly thought that it was going to be biased.

Al M said...

You were very well spoken at this hearing which I am sure is what tipped the balance. Bravo!

Al M said...

Also it appears that the hearings officer was advised that this case was getting internet attention.

Penny Lane said...

Oh was he? Did he mention something about it?

Al M said...

At the very begining he talked about how this hearing could be heard on the internet

Penny Lane said...

Hahaha, after the hearing was over, my boyfriend, another friend, Ali Farah and I were all on the elevator together and it was soooo awkward, hahaha.

Lane J said...

Penny, from a former Anti-TriMet blogger, I just want to congratulate you on this massive win. I know it's a small victory, but keep doing what you are doing. Start a blog with these videos, voice your opinion. It will make an impact, trust me on that. The path has been plowed, ready for the next person to take the reigns to continue to make TriMet accountable for their actions.

Al M said...

"""Hahaha, after the hearing was over, my boyfriend, another friend, Ali Farah and I were all on the elevator together and it was soooo awkward, hahaha.""""

~~~~>That's freaking hillarious!

Penny Lane said...

I know, it was so great. And to Lane J, I totally agree with you. I always tell people that we can change if we all put our heads together and get out of that helpless mindset. Thanks, guys!

Anonymous said...

Oh well there we go right there... his stance was that she used inappropriate language. However his definition of inappropriate language is Penny asking "Why are you harassing people?" That's not ANYONE else's definition of inappropriate language! Not only is it the only correct outcome that she got off, but he proved her point!

Anonymous said...

They'll probably promote that guy to head of the fare inspectors now.

That is how they roll over there indeed.

Al M said...

It's important to point out that the inspector did lie about the language she used. That is perjury.

Anonymous said...

I don't think the fare inspector intentionally lied about Rachal using "inappropriate language" as he did testify that it was his interpretation that what she was saying was inappropriate for the situation ...it's partially because of the language barrier that he used the term "inappropriate language." I truly do NOT believe he perjured himself as he truly believed her "behavior" and what she was saying was inappropriate ...and not necessarily the actual words as he did admit that she didn't use the "F" word or any swear or curse words, etc.

As for Rachal being completely exonerated, I'm not sure that's exactly the case. Having the exclusion being dismissed shouldn't be interpreted as being totally innocent of the charges. As the hearing officer reiterated, it was a decision that could have gone either way and should Rachal come before him again for the same offense, he will probably sustain the exclusion.

I believe both parties learned from this. The inspector will think before overreacting when somebody is being obnoxious but not breaking any rules. Rachal, in turn, has learned that the right of free speech does not allow her to blurt out obnoxiously when, in her opinion, a public servant is not correctly doing his job.

There are more effective ways to handle the situation where you think somebody is doing their job improperly other than calling them out in public. If we all yelled out in public anytime we thought somebody was doing their job improperly, it would not be pleasant to be out and about. Should we get involved if we witness any employee abusing somebody either verbally or physically? ...of course, but not when we just think that in our opinion any employee is not doing their job to our liking be it a public servant or an employee in the private sector.

Al M said...

Some of the comment above I can buy but my original attraction to this story was what appeared to me to be an abuse of authority on the part of the inspector.

She didn't really get in his way and he should have walked on by her after she showed him her valid fare.

Instead he chose to use that authority to 'silence her' and that is just downright wrong.

A better man, a better inspector, would have smiled checked her fare and walked on by.

I took much more 'abuse' ( i don't consider what she did as abuse)I mean real abuse, as a bus driver without flinching. That's because I knew I was working with the public and if you can't handle being called names or people questioning you then you should not be in a position dealing with the public.

Penny Lane said...

This guy power-tripped. End of story. I think if we all told each other what we were doing wrong, the world would be a better place!

Lane J said...

This needs to be marked in the history books. "Lying TriMet Tristapo Sees Exclusion Thrown Out". Too bad Anti-union Rose won't do a dam thing.

Al M said...

I admire you Rachel for your courage in standing up to authority

Al M said...

Also you should know this is one of the most viewed stories that has ever appeared on this blog.

Penny Lane said...

I'm at the bar showing everyone your blog and these videos. They are loving it and have mucho respect for you, Al!

Penny Lane said...

Hell yeah, man! Thanks a bunch!

Anonymous said...

So now that Penny has "won", she's going to allow it to empower her ego just that much more.

She's not gonna leave well enough alone and she's going to make a difficult job that much harder. She's beating up on the foot soldier and not on the "general" making the lame ass rules.

Lane got himself in hot water for basically the same thing but amplified-getting his mouth engaged without thinking of the consequences. With Penny's renewed vigor and Al's prompting and support, eventually she'll stumble into the same fly trap.

Anonymous said...

Oh, by the way...rumor is the "general" has passed down strict orders that fare inspectors NO LONGER have discretion in writing citations. Inspectors are to write citations in nearly all cases, exclusions in some cases and warnings in only very very rare circumstances. No warnings on first offenses.

Don't beat up the foot soldier following orders to stay employed. Beat up the general issuing the orders.

Al M said...

The 'foot soldier' can ignore orders.

Penny Lane said...

This isn't even worth arguing about anymore, so all I'm going to say to that comment is:

1.) I don't have a big ego. Actually, far from it.

2.) I'm sure you work at TriMet and you're just upset at the outcome. Totally your opinion. Totally okay. But, any wise person could see what was going on here. This guy was ego-tripping. Yeah, I'm happy for my victory. What's wrong with that? You'd be happy if it happened to you. If I see something wrong, I call it out. I'd want someone to do it to me. And if you watched that video, not a damn person said anything to me on the Max. Who agrees with someone coming up and asking for papers? Even the judge said that even HE doesn't like it, "because it feels like some sort of invasion." And it does! Some people don't agree with this statement, and that's totally okay, but I PERSONALLY feel like this is Nazi Germany. And it totally is getting to be like it. Hah, TriMet even earned its' nickname "Tristapo". And you don't feel like there is reasoning behind this?
And people can say that I "interfered with his job", blah, blah, blah... However, he interferes with the lives of people every single day! How the hell is THAT not a crime???

It's just humorous to me. That is all.

Al M said...

The facts are the hearings officer sided with Rachel, no reason to debate this further

Anonymous said...

Telling the foot soldier to ignore orders is like you being told by the Merlo Manager to drive your route the prescribed way but you dont like that way so you take it upon yourself to drive your way. You know it doesnt hapoen that way Al.

Its not like the old days on a bus where you could get by with letting someone on you bus with a Mervyns receipt and cutting them a Day Pass. Now you are partnered up with one or more inspectors who are also being watched, potentially ready to rat on you if they get called in for their performance. The "general" is adamant; write write write (don't make anything up..that with Penny was, in my opinion because we both know this guy Al is that guy is new and still learning, but he's not a vendictive guy) or else we don't need you in your position as a supervisor (remember he is a full time rail supervisor doing collateral duties as code enforcement) There are a good many out there that think resources are being used incorrectly but are stuck in the middle.

Even though TM claims they don't have quotas, they track citation stats on everyone. If your stats aren't there, you get into the disciplinary process, eventually being written up and possible termination for not performing job duties. In the interim, the managers will "harass" you. You of all people know that Al.

Al M said...

This entire discussion is happening because that inspector didn't smile and walk away from Rachel.

We shouldn't be having anything to talk about if he had just handled it a little differently.

I understand you have a job to do but I know inspectors that know how to deal with people without excluding them. Those inspectors are the ones that need to be training all the other inspectors.

There are some truly great supervisory union employees, and then are some not so great.

Anonymous said...

Actually, I'd like the opportunity to comment on Penny's response. Thank you.

1) I am actually very happy for you that you won. I stand by my earlier statement that (Al) and I know thus guy fairly well. He is not a vendictive person; he is still very new to this and even with his training there are alot of situations that will come up. You can't pretrain for them all. While I am truly sorry that Penny was drug into the middle of all this, I am also quite glad she did; for a lot of the same reasons she notes.

2). My basis for your "ego" is on your posts to this blog. As we all know, it is very difficult to truly know and understand the full mood and attitude of the sender(and recipients) unless you toss in an emoticon or one of Al's very lengthy videos (who needs cable? lol). Based off of those posts alone, and the "cockiness" they seem to deliver, this is where my opinion comes from. Being passionate about your beliefs is admirable and respectable, but as many have said, there IS a time and place. That was not one if them.

3) I know this will be a valuable learning experience for him. I can only hope it is for you (because I don't know you). Yeah, he spelled things wrong and got mixed up in his wording but he IS better than many who came here from other countries. He has a double major and is STILL going to school to improve himself, he is trying to improve his English comprehension and delivery and requires his children to do the same. There are NO mootches in his family. The guy busts his ass and still manages to take care of family and better himself. Yes, you got caught up in a situation where even though you butted in inappropriately (that is a mute point and old news), he was also wrong in how he handled it...which became another lesson in bettering himself.

So..thank you Penny for at least that and I hope you can see where I was coming from.

Penny Lane said...

I respect your opinion. Thanks for sharing!

Anonymous said...

Have you seen this gal? Shes hottttttt!!!!!

Penny Lane said...

Wow hahaha

Max said...

Looks like your anonymous trolls are back. What, again, is the point of this?

Al M said...

I'll be more vigilant in deleting those comments MAX but as you can see when the anonymous selection is available there is much more chatter on the blog.

Anonymous said...

No free speech I guss

Anonymous said...

All I was sayin was that she is hot . Not being offensive

Max said...

There was another Anonymous post that wasn't quite so nice.

Anonymous said...

Great coverage, Al. Can't find this level of detail in the O (shit we ain't got nothin') rag.

Love anon posting, make the blog quite vibrant.

Cheers!

Penny Lane said...

You guys are awesome. I can't thank you enough for helping me spread the word about totalitarianism. Fight it... If we all put our minds together, we can change the world :)