Trimess

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Friday, July 3, 2015

Class action update!

Trimet motioned to have the entire case dismissed on various grounds. The judge denied all the motions except for 2.

1-If operators did not time slip at the end of their runs they are responsible for that action alone. Although the process to claim extra time is cumbersome there is no 'official' policy that prevents operators from time slipping. If operators don't do it that's on them.

2-Trimet is not required to pay operators for the time involved in getting  their medical card which is required to be a passenger bus driver.

All the other items within the class action are valid. Of course either party can appeal this decision to the court of appeals.
Knowing Trimet as I do I would say its safe to assume they will drag this out as long as they can. 
Trimet has unlimited tax funds so why would anybody at Trimet care about costs?
So far Trimet has been on the losing end of these court decisions.

11 comments:

Ryan Beasley said...

This could be the reason why they want to raise taxes on our Business owners

sheila said...

I understand bus operators have to have the CDL ant DOT cards to drive the bus but it isn't a necessary for MAX operators

Ryan Beasley said...

before you Can operate a train (max)you must first drive bus and have a good driving record good attendance record then you must go to 8 weeks of training on how to safely operate the max And pass all the tests. IM NOT 100% sure but pretty sure max operators must have DOT cards because they are involved in transportation.

Jason McHuff said...

Isn't the medical clearance a Federal requirement and not something TriMet imposes? And TriMet does provide the doctor and transportation (I'm assuming a new hire could get a pass if they don't have their badge by appointment time)

Jason McHuff said...

And yes, you can argue that it would be good gesture for TriMet to pay for employees to get cleared if they pass since it's work-related. But I don't think it should be a legal requirement.

sheila said...

Yes you do have to have your CDL for bus but once you transition over to MAX it is only company policy that you keep your CDL...but to operate a LRV vehicle there are no federal requirements for you to even have a drivers license

Ryan Beasley said...

Trimet supersedes The law. For Instance State Law Does NOT require you to wear a Seat belt while operating a bus, But Trimet requires it while the bus is moving!

sheila said...

Wearing a seatbelt doesn't require you to take extra time out of your lifeto put it on and you get paid to wear it....when I'm required to go get a DOT physical I am doing company business on my own time and not getting paid to do it

Flatpicker John said...

What do any of these comments have to do with the actual subject of the post?

sheila said...

2-Trimet is not required to pay operators for the time involved in getting  their medical card which is required to be a passenger bus driver.
This is copied and pasted directly from the post.
What part of these comments doesn't have to do with the post.


Henry Beasley said...

Fair Labor Standards Act Supersedes collective bargaining. Just an FYI.
HB