BRUCE HANSEN GETS HIT WITH UNFAIR LABOR PRACTICE BY SHIRLEY BLOCK

Shirley Block says: There were no provisions in the parties 2009-2012 arbitrator awarded collective bargaining agreement that allowed for changes to the operator run bid process.  The recent ATU 757 TriMet membership and TriMet Board of Directors ratified collective bargaining agreement, 2012-2016, did not contain any changes to the provisions that govern how work assignments or runs are structured and bid by seniority.

   

INSTRUCTIONS: File the original and three copies of the complaint and all attachments and the $300 filing fee with the Board at: 528 Cottage St NE, Suite 400 Salem, Oregon  97301-3807 Phone 503-378-3807

STATE OF OREGON EMPLOYMENT RELATIONS BOARD                                                 Unfair Labor Practice Complaint Public Employment

For Board Use Only Case No. ________________ Date Filed  _______________

COMPLAINANT Name, address, phone number, and e-mail address Shirley Block, et. el 300 SE 202nd Ave. Portland, Oregon 97233-6030 503.669.3658 Shirley.block2@comcast.net	Complainant’s Representative Name, address, phone number, and e-mail address, if applicable
RESPONDENT Name, address, phone number, and e-mail address Bruce Hansen, President Amalgamated Transit Union Local 757 1801 NE Couch St. Portland, Oregon 97232-9144 503.380.6351 & 971.300.2780 BruceH@atu757.org	RESPONDENT’S Representative Name, address, phone number, and e-mail address, if applicable

Complainant alleges that Respondent has committed an unfair labor practice under ORS 243.672(2) (g ), of the Public Employee Collective Bargaining Act. The following is a clear and concise statement of the facts involved in each alleged violation, followed by a specific reference to the section and subsection of the law allegedly violated. (For each claim, specific dates, names, places, and actions. Attach copies of main supporting documents referred to in the statement of claims.)

I certify that the statements in this complaint are true to the best of my knowledge and information.

By:                                                                                                      Signature of Complainant, et el

                                                                                                         

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            Complainant makes its complaint based on the following concise statement of facts:

            1.         ATU is a “labor organization” as defined in ORS 243.650(20).  ATU is the exclusive Representative of certain employees employed by TriMet.

            2.         TriMet and ATU are parties to a collective bargaining agreement effective December 1, 2012, through November 30, 2016.

            The Collective Bargaining Agreement between the Tri-County Metropolitan Transportation District of Oregon (TriMet) and Amalgamated Transit Union Local 757 (ATU 757) covers the wages and working conditions of unionized employees.  The parties have had continuous collective bargaining agreements for more than forty years.  Collective bargaining agreements between the parties must be ratified and approved by a majority of the bargaining unit members and the TriMet Board of Directors before becoming effective.

            Article I, Section 1, Par. 1 of the collective bargaining agreements specifies the term of the agreement, while Par. 2 and Par.3 specify how the terms of the agreement can be modified.  If either party wishes to reopen an unexpired agreement, in order to negotiate changes to any provisions therein, both parties to the agreement must approve reopening the collective bargaining agreement by majority vote.

            If either party anticipated a future demonstration project or change to contractual working conditions during an interim collective bargaining agreement, the provision authorizing such action was contained in and voted on by both parties to the agreement.  And in fact, there have been provisions negotiated in prior collective bargaining agreements that authorized the parties to negotiate changes to an interim collective bargaining agreement, sometimes with a requirement for a membership vote after, and others that did not. 

            Sign-ups are held in the various departments at TriMet several times each year during which time employees select or bid their work based on seniority.  Employees choose their works assignments and days off based on seniority.  For transit operators, these work hours are known as runs.

            During the December 2014 transit operator sign-up, runs were posted differently than they had been in the past, and were in fact, in violation of terms provided for in the collective bargaining agreement.  ATU 757 President Bruce Hansen informed members that he had agreed to an experimental project with TriMet to modify how transit operator selected runs, known as “block runs”.  This project violates terms of the collective bargaining agreement.  A large number of members protested the unilateral change to the collective barging agreement and demanded ATU 757 President Hansen to comply with the negotiated agreement.  Hansen refused.

            There were no provisions in the parties 2009-2012 arbitrator awarded collective bargaining agreement that allowed for changes to the operator run bid process.  The recent ATU 757 TriMet membership and TriMet Board of Directors ratified collective bargaining agreement, 2012-2016, did not contain any changes to the provisions that govern how work assignments or runs are structured and bid by seniority. Additionally, there were no provisions that allowed any interim collective bargaining agreement negotiations to change, alter or experiment with changes to employee work and bid assignments.

            This ‘block run” system implemented by ATU 757 President Hansen violates operator seniority that pursuant to the collective bargaining agreement, allows operators to choose run times and days off by seniority.  As a result, this change has caused operators to loose desired runs, days off, and economic losses to reduction in run (hours) pay, report to work (garage) locations resulting in longer commute times and for employees with child/elder care and school issues; location and schedule changes resulting in additional costs.

            Complainant therefore asks that ERB:

            A.        Order ATU to cease and desist from violating terms of the ATU/TriMet Collective Bargaining Agreement in regard to work assignments and how they are bid;

            B.        Order ATU to restore work assignments bid by seniority as provided for in the ATU/Collective Bargaining Agreement and make all members whole;

            C.        Direct ATU to inform its members of its unlawful action by sending letters to its members And posting notices on its bulletin boards and the electronic and social media tools that it regularly uses to deliver communications electronically, including its website; and;

            D.        Direct ATU to pay Complainant’s reasonable representation costs under OAR 115-035-0055.

            DATED this ____day of March, 2015.

                                                              By:                                                                                                                                                                        Signature of Complainant, et el

                                                                                                         

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