Union Loses the Battle but Wins the War


The Union filed an unfair labor practice against TriMet over TriMet's unilateral implementation of the SIP customer complaint policy. The judge in that case is recommending that the complaint be dismissed. That is the battle that was lost. The judge's opinion, however, establishes that the Union won on all major points. The findings of the judge are important for you to know about because YOU are the eyes and ears of the Union and when the principles below are violated by TriMet, you need to sound the alert. So here are the important wins:
  1. TriMet claimed that union members had no history of rights with regard to how customer complaints were handled -- the judge said that was not true.
  2. TriMet claimed that it did not have to bargain over how it handled customer complaints -- the judge said TriMet must bargain.
  3. TriMet claimed it did not have to give employees rights with regard to how TriMet handled customer complaints -- the judge said TriMet must give the employees due process rights.
  4. TriMet claimed it could question employees about a customer complaint without a union officer present -- the judge said the employees have a right to request that a union officer be present. Thus, you should ask for an officer and not answer any questions about the complaint until an officer arrives.
  5. TriMet claims that people cannot grieve the issuance of a SIP -- the judge says the Union should grieve SIPs that might impact promotion, bonuses, and job security [this means every SIP since TriMet retains them to show future arbitrators in discipline cases] RECOMMENDATION: Regularly request a printout of all customer complaints in the TriMet data base that are attached to your name or employee number.
  6. TriMet is bound by the testimony of its witnesses, under oath, that many of the protections employees had under the 1996 customer complaint policy are incorporated into the "just cause" provisions of the labor agreement. The Union has a list of these protections that TriMet's witnesses testified were part of just cause.

What we learned, which was not clear from prior unilateral change cases, is that:
  1. If it walks, quacks and flaps like a duck, it still might not be considered a duck, therefore, everything must be in writing. What management says across the bargaining table is meaningless -- Rose Jordan, Sam Schwarz, Bruce Hanson, Sandra Guengerich and myself all testified, under oath, that the parties talked about the fact they were bargaining over the customer service policy. Peggy Hanson, however, testified that she thought that the parties were just "talking" and not bargaining. The judge found that because one of the parties at the bargaining table, Hanson, testified she didn't think she was bargaining, the parties weren't bargaining. In essence the judge ruled that a union must get a written confirmation from the employer that the parties were bargaining.
  2. A union must file an unfair labor practice unless the employer puts in writing that it is bargaining. It is not enough that the employer walks, quacks and flaps like a duck.
  3. If the employer has excuses for not being timely in following through on promises it makes in bargaining, a union should ignore those excuses and hold the employer to strict timelines. A union should move a matter to interest arbitration at the end of 90 days of bargaining, regardless of the employer having excuses and asking for delay.
  4. If a lower level manager makes incorrect statements about a TriMet policy or practice, repeatedly puts those statements in writings to the union and sends it to upper management and upper management fails to correct the station manager, upper management is not bound by that station manager's incorrect statements. Thus upper management can know a lower level manager is lying, do nothing to correct the lie and get a pass. Another way of saying this is that, if an employer’s operation is in chaos, it is the union’s responsibility to straighten it out, not management’s.

Documents subpoenaed during the course of this legal proceeding revealed that TriMet’s legal department was secretly involved in this process from the beginning. The Union interacts with 19 different employer groups. Of these, ONLY TriMet engages in such hostile, deceptive and dishonorable tactics calculated to harm the well-being of the people who actually provide the service.

Fraternally,



Jonathan J. Hunt
President – Business Representative

STEVE FUNG ON THE GOLF COURSE (AND IN THE NEWS!)

TriMet and golf from Steve Fung on Vimeo.

A brief 2 week recap of my life as a driver and part-time hacker.

WHY IS THIS HAPPENING IN THE LAND OF THE "FREE"?

New York state lawmakers have approved a $132.5 billion budget that will cut more than $2 billion in healthcare and education spending, while granting millionaires a tax break. Despite a budget shortfall, Gov. Andrew Cuomo opposed extending a tax surcharge on New Yorkers with personal earnings of more than $200,000 year. The new budget has drawn criticism from advocates of increased education aid, who say the cuts will disproportionately impact students in low-income and middle-class districts. The budget was approved after a raucous day of protests from hundreds of activists who converged on the Capitol from across the state. Karen Scharff of the group Citizen Action of New York spoke out at the protest.
Karen Scharff: "We’re here today because the budget that the Governor has proposed, that the legislature is passing, is giving $5 billion away in tax cuts to millionaires, $5 billion that we need for our schools, for K-12 education, for early childhood education, for our universities, and for basic public services that low-income and middle-class New Yorkers need. But instead of funding those services, we’re throwing $5 billion out the window in a tax cut for millionaires, who don’t need it and haven’t asked for it. It’s not only irrational, but it’s immoral. This immoral budget cannot stand."

CHRIS DAY

ULP on SIP Conclusion:

                While we found that the District had an obligation to bargain over some of the changes related to the implementation of the SIP, ATU failed to make a timely demand to bargain or to diligently pursue bargaining over those changes. As a result, the District did not make a unilateral change in violation of ORS 243.672(1) (e). In addition, since the District then had no obligation to bargain, it also did not bargain in bad faith under ORS 243.672(1) (e). Finally, since ATU failed to make a timely bargaining demand under ORS 243.698(3), the District did not fail to comply with the fargaining or interest arbitration provisions of ORS 243.698 in violation of ORS 243.672(1) (f). Therefore, we will dismiss the complaint.
 
We need to know why did ATU fail to make a timely demand to bargain. Who failed us here? Is this going to be the same outcome with our ULP about our contract?

FASCISTS SLOWED DOWN

Ohio Gov. John Kasich (R) will sign the bill curbing union rights into law Friday afternoon.
Under Ohio law, the law goes into effect 90 days after being signed.
During that 90 days, Ohio unions plan to file language for a ballot referendum repealing the law with the Ohio Secretary of State and will try to collect the required 231,000 signatures from at least half of Ohio's 88 counties.
If they succeed, the law would not take effect, pending a statewide referendum on the November ballot.
It would undoubtedly be a huge political campaign, the main battlefront for the issue.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wisconsin: Law put on hold
AP reports: “A Wisconsin judge ruled Thursday the state's divisive new collective bargaining law had not taken effect, and officials in Republican Gov. Scott Walker's administration say he plans to comply with the ruling and to halt preparations to begin deducting money from public workers' paychecks. … Two Walker administration officials who spoke to The Associated Press on the condition of anonymity because the governor hadn't publicly announced his plans said he would announce later Thursday that he would comply with [the judge’s] ruling.”

Wednesday, March 30, 2011

If it's news to Oregonians, it's NOT in The Oregonian

http://www.kgw.com/news/Investigators-Trimet-Bus-Driver-Attacked-and-Punched-in-the-Face-118956269.html

http://www.kptv.com/news/27369506/detail.html

But, ace Oregonian reporter/opinion blogger Joe Rose has time to applaud one of his pro-TriMet, pro-light rail cronies and report on all of the latest light rail developments.

Surprisingly...a report showing light rail crime is up...that's just not like the Oregonian to have a negative story about light rail. Guess we gotta keep the quota in check so the "fair and balanced" claim can be maintained.

HR RESPONDS TO MY REQUEST FOR MY FILE

Talked to Lucy Shipley and she offered me viewing or copies of my complete file, I decided to take the copies.
Apparently they should be mailed by the end of this week!
Not bad service at all!

STATEMENT BY CHRIS DAY ON THE AGENDA FOR NEXT CHARTER MEETING

STATEMENT FROM CHRIS DAY ON THE NEXT MEETING:


I want to go on record here and make a very clear statement. Though I do not like the slanderous attacks Ellen Fox has been stating about me, I am not asking our membership to put a stop. All I am asking from our membership is to allow a Trial Committee to investigate the preferring of charges. The only thing our membership is being asked to do is two (2) things.

1. Is there warrant in the preferring of charge? Members need to ask themselves if the charges I am stating can be viewed as constitutional violations.
2. Is a single member’s constitutional right worth protecting? If we are only worried about the group as a whole and ignore the individuals with in that group then it will not take long for that group to fall apart.

If you say YES it appears there are some constitutional violations and if you say Yes all members are equal and deserve equal constitutional protection then allowing the preferring of charges would be the action that would assure that to happen.

To not allow this preferring of charges to be heard by a Trial Committee is making a clear statement that you either feel there are no constitution violations or it is too expensive to worry about each member’s constitutional rights.

So ATU757’s April Charter meeting is not about stopping Ellen Fox. It is about assuring that Sister Ellen Fox and Brother Christopher Day have an equal opportunity to present their case to a Trial Committee.
March 30, 2011 2:12 AM

TRIMET ATU 757 MEETING LOCATIONS


3645 SE 32ND AVE

211 NE 18TH

1801 NE COUCH

JUDGE TRIES TO REIGN IN FASCISTS IN WISCONSIN

A Wisconsin judge has blocked Republican Gov. Scott Walker’s anti-union law from taking effect for the second time this month. On Tuesday, Dane County Circuit Judge Maryann Sumi reissued a temporary restraining order blocking the measure’s implementation. Sumi had earlier ruled Republican lawmakers were likely in violation of state open meeting laws when they pushed the legislation through. Despite the initial ruling, Republicans and some state officials have claimed the measure has taken effect. The state’s Supreme Court is expected to rule on whether the measure has become law and on whether it can be appealed.

NO SURPISES HERE OF COURSE

Fed's are top rated for handing out money that won't help average citizens.

FTA gives green light to Milwaukie rail line final design

The Collapse of Globalization

The last people who should be in charge of our food supply or our social and political life, not to mention the welfare of sick children, are corporate capitalists and Wall Street speculators. But none of this is going to change until we turn our backs on the Democratic Party, denounce the orthodoxies peddled in our universities and in the press by corporate apologists and construct our opposition to the corporate state from the ground up. It will not be easy. It will take time. And it will require us to accept the status of social and political pariahs, especially as the lunatic fringe of our political establishment steadily gains power. The corporate state has nothing to offer the left or the right but fear. It uses fear—fear of secular humanism or fear of Christian fascists—to turn the population into passive accomplices. As long as we remain afraid nothing will change.

http://www.truthdig.com/report/item/the_collapse_of_globalization_20110328/ 

Tuesday, March 29, 2011

REQUEST TO EXAMINE PERSONNEL FILE

I made a phone call to an HR person requesting to set up an appointment to view my personnel file. I also sent an email to Robert Romo asking for a copy of my personnel file under the Oregon Revised Statutes.

No call back from HR and no response from Robert Romo either.

Strange huh?

TRIMET GOLF FANATICS-MARK YOUR CALENDARS

   Mark it on your calendars. The Stone Creek Individual Golf Tournament hosted by Doug Tilson will be on August 6th 2011. Shot Gun start at 1:30pm with a Barbeque Dinner to follow. Watch for flyers in the bull pins in June and July. Callaway Scoring will be the format.

REQUEST TO VIEW PERSONNEL FILE

I have just left a message for a (Robin Ruger?)HR person to schedule me an appointment so I can view my file. Obviously I am very interested to view what kind of records Trimet is keeping on me. We are allowed the right to view our files according to the union.

OUR TAX DOLLARS AT WORK

The U.S. Army has issued another apology to the people of Afghanistan after Rolling Stone magazine published more photos of U.S. troops posing with the corpses of Afghan civilians. Similar photos appeared last week in the German magazine Der Spiegel and were broadcast on Democracy Now! The Pentagon said, “The photos published by Rolling Stone are disturbing and in striking contrast to the standards and values of the United States Army." The photos include images of a group of U.S. Army soldiers accused of killing unarmed Afghan civilians in cold blood. Rolling Stone also published a graphic video of U.S. soldiers shooting and killing two Afghans on a motorcycle. The video was taken on patrol with a helmet-mounted camera. Soldiers later shared the video with others in clear violation of Army standards.

Woman with squealing baby kicked off bus

Northern Territory News

Driver being crucified by media, though some commenters get it:

I agree 100% with the bus drivers decision. She was thinking of the other passengers trapped in the confined space of a bus forced to endure the ear piercing squeels of a toddler. Some parents are so in love with their "little darlings" that they lose all sense of social etiquette. A screaming kid is NOT cute to anyone else but their parent. What if the bus driver had had an accident due to the distraction? How cute would her childs squeels of delight have been then? Get a grip parents!!!!

Final segment of Portland Transports interview with Mac(the knife)farlane

Nothing to earth shaking here, pretty much the answers I would expect. He surprised me in an earlier segment when he actually talked sense on some of the subjects that Dave threw at him.

http://portlandtransport.com/archives/2011/03/your_questions_5.html

Rantings of a Bus Driver/MARCH 28


MARCH 28 from al m on Vimeo.

One Nation Under Godzilla

Vexed by the Nuclear Egregore
I think it was last August I was reading a periodical that was investigating the reality of a nuclear conflagration and the possibility of terrorist attacks on nuclear power plants. I vaguely remember some interesting statistical data that angered me about how unsafe and unguarded our nuclear power plants were but what angered me the most was the attitude the majority of Americans have about the use of nuclear weapons on other countries. A poll was conducted about the atomic bomb and its use on the Japanese at the end of World War II. Americans that were surveyed believed that dropping atomic bombs on Japan during World War II was the right thing to do. 61% of the more than 2,400 American voters questioned believe the U.S. did the right thing. Twenty-two percent called it wrong and 16% were undecided. That means that 1 in 5 Americans believe that it was a mistake.
http://http//www.groundzeromedia.org/one-nation-under-godzilla-vexed-by-the-nuclear-egregore/

London: Hundreds of Thousands Protest Austerity Cuts

The British know how to stick together. What's happening there with the cuts is heading here next. American's better wake up before its too late.

http://www.democracynow.org/2011/3/28/headlines#11

Preferring of charges on Ellen Fox to be heard

At the April 4, 2011 Charter meeting and continuation meetings, ATU members will consider whether charges preferred against Sister Ellen Fox are worthy of being further entertained and considered.

http://www.atu757.org/

Below are some examples of Ellen Fox's outrageous behavior. In my particular case she sued me TWICE, that's right, twice, and was not happy with either verdict, so she started a blog all about me calling me a cyber stalker. That's about as disrespectful as you can get towards a co worker. Trimet lets her get away with it of course, I am the only employee ever charged with disrespectful workplace based on my off the job behavior,  a complete distortion of HR rules and a disgrace to TRIMET management who have now decided that fascism is perferable to reason when it comes to their front line employees.
picture was stolen from Punkrawker without his permission
And here are some of the lies she spreads about Chris Day, who is the person preferring charges against her:
Ellen Fox mocks Chris Day's sexuality

Ellen Fox slanders Chris Day

In the second photo Ellen Fox's slander campaign cost Chris Day the election and has damaged his reputation irreparably.

I support the action by Chris Day and salute him for his courage to pursue this through the union which has been less than helpful in facilitating his complaint.

Somebody has been keeping a blog about all this called Ellen Fox Watch, which has a chronology of the events surrounding this vindictive viscous woman:

https://trimethr202.wordpress.com/

My history with Ellen Fox is HERE!

THANK GOD WE STILL HAVE A UNION AROUND HERE!

Little doubt that I would be outta here by now if not for the union!

ODE TO THE MAX, FROM BOJACK

The Max Is Back in Town
Oh, the shark, babe, has such teeth, dear
And it shows them pearly white
But if you want scary, try a Max stop,
That's what's giving us a fright.

When that shark bites, with his teeth, babe
Scarlet billows start to spread
But the light rail and these street cars
Also put our budget in the red.

Now on the sidewalk … early mornin’
Lies a body just oozin' life …
And someone’s sneakin' ‘round the corner
Near a Max Stop with a knife.
Now … Jenny Diver … yeah..Sukey Tawdry
Ooh … John Q. Public and old Lucy Brown
Oh, the line forms on the right, babe
Yes, the Max is back in town.

RESPECTFUL WORKPLACE?

I find it very strange indeed that TRIMET  has the audacity to put forth the argument that conduct out of the workplace can create a disrespectful workplace.

A disrespectful workplace can only be in the workplace, no where else! 

How does my publishing an over the air radio transmission, which is perfectly legal, violate this:
Policy
It is TriMet’s policy that all employees be able to work in a productive, respectful atmosphere, free from harassment by co-workers, supervisors, managers, independent contractors, or other individuals. Harassment on the basis of gender, pregnancy, race, national origin, ethnicity, sexual orientation, religion, age, disability, gender identity, military/veteran status, political affiliation, or any other group protected by law is strictly prohibited under this policy. Retaliation on the basis of a complaint or report of harassment is also strictly prohibited and will not be tolerated.
Employee conduct on and off the job is expected to continuously comply with the requirements set forth in essential functions and selection criteria of the job description.

Billionaires Flourish, Inequalities Deepen as Economies "Recover"

According to the annual report of the business magazine Forbes there are 1,210 individuals – and in many cases family clans – with a net value of $1 billion dollars (or more). There total net worth is $4 trillion, 500 billion dollars, greater than the combined worth of 4 billion people in the world. The current concentration of wealth exceeds any previous period in history; from King Midas, the Maharajahs, and the Robber Barons to the recent Silicon Valley – Wall Street moguls of the present decade.

http://www.informationclearinghouse.info/article27766.htm 

OUR TAXES GOING TO MAKE RICH DEVELOPERS EVEN RICHER...AMERIKA

Yet the project is unlike any in the United States, in both price and ambition, to link a big city and suburb by streetcar. As Portland and Lake Oswego leaders prepare to endorse the project, it remains steeped in unanswered questions: Does privileged Lake Oswego need a streetcar line to Portland? Should a publicly funded transit project be so closely tied to benefiting developers?

http://www.oregonlive.com/portland/index.ssf/2011/03/lake_oswego_streetcar_project.html 

LETTER TO THE EDITOR IN CANADA THAT IS RELEVANT EVERYWHERE

I would suggest that, before any members of the transit commission be allowed to make decision on transit routes, they should make a commitment that they and their families will only use OC Transpo for business and personal transportation for at least two months.
In addition, OC Transpo boss Alain Mercier and all his senior officials who contribute their advice to the routes and usage, should also make the same commitments.
Only when the people and their families have experienced the same trials and tribulations as regular OC Transpo users can they make informed decisions about what is needed by those users across the city.

All eyes are on Wisconsin

The GOP agenda, “we want to do whatever is necessary to keep our money, make more money and protect it from taxes, and any other responsibilities such as paying workers fair wages, providing health benefits and safe working conditions. And then we want to protect OUR rights (money) by being allowed to fire workers, when it doesn’t benefit us for any reason that we want (right to work laws).

http://milwaukeecourieronline.com/index.php/2011/03/26/all-eyes-are-on-wisconsin/ 

PDX UNCUT PICKET AT MILWAUKIE BANK OF AMERICA BRANCH

PDX UNCUT Picket was held at the Bank of America Branch on SE McLoughlin on Saturday March 26.  I forgot to charge the batteries in the camera, so I only got a couple of pix.  For more information on the US UNCUT movement go to the website http://usuncut.org

MEMBERS ONLY BLOG

IS BEING UPDATED EACH DAY THAT I AM AT WORK.
FYI

EMAIL SENT TO ROBERT ROMO

ROBERT;

I cooperated with management about the video in question but was disciplined anyway.
If this is the case then why should I not put the video right back where it was.
You have no right to tell me what I can do with my personal stuff that was obtained on my personal time on my personal equipment and was obtained legally.

al margulies

2387

IF I HAVE TO ENDURE DISCIPLINE

THEN WHAT THE FUCK RIGHT DO TRIMET MANAGERS HAVE TO MAKE ME TAKE DOWN THE ORIGINAL VIDEO?


I'M CONTEMPLATING PUTTING IT BACK UP SINCE THEY HAVE NO RIGHT TO TELL ME WHAT TO DO ABOUT THIS NOW THAT I HAVE ACCEPTED THEIR DISCIPLINE!

WELCOME TO THE FUTURE

TriMet should spend more money on services

TriMet needs to stop spending money on more "extravagant" things and start putting its focus back where it belongs—on services for the people. Public services need to be the top priority for the public transportation organization.
If TriMet wants to spend money on extras, then it should first be sure to reinstall lines and stops that have been cut out rather than spending extra on things that are not necessities.

http://www.psuvanguard.com/opinion/the-voice-of-trimet-1.2511180?MMode=true 

FASCISTS CLEARLY IN CONTROL OF TRIMET NOW

These fascists continue to put forth the argument that capturing a dispatch communication, which is broadcast over open airwaves, which anyone can listen to and record from, is the same thing as me taking my personal video camera and walking around Trimet property on or off duty, taping people without permission!
This is complete bullshit and a flagrant bogus interpretation of my first letter of expectations!
I was never told that public domain material was off limits, as a matter of fact a former Trimet executive told me that what I was doing was perfectly within the limits of Trimet policy!

SIEG HEIL TRIMET, SIEG HEIL! 


Thursday, March 24, 2011

Jay Jackson rules for management! Considering he is a Trimet manager should I be surprised? HELL NO!

Tuesday, March 22, 2011

TRYING TO UNDERSTAND THE LIGHT RAIL FIXATION

The findings of this report have implications for value capture strategies that attempt to harness property value increases near transit to help offset the costs of transit investments, or to help finance other needed improvements along transit corridors. Due to the uneven nature of development patterns near transit and the need for strategic investments, the study suggests a corridor-level approach to value capture may be very useful because value created in a strong market locations can help fund needed improvements and enable development elsewhere in the corridor.

CLICK HERE!

PORTLAND (not Trimet?) GETS MORE FEDERAL $$$$$$$$$$$!!!

Transportation Secretary Ray LaHood also announced that Portland would receive another $10.2 million in federal transit system grants. The grants will supply buses and light-rail trains for the area.

“President Obama’s vision for winning the future by out-building and out-innovating the rest of the world is coming to life right here in Portland,” LaHood said. “The Department of Transportation’s ... grant award will reduce congestion, provide new pedestrian and bicycle opportunities, and provide streetcar service that will encourage economic development and connect residents with the city’s central business district.”

Very Strange statement, but the keywords are ENCOURAGE ECONOMIC DEVELOPMENT. Not provide transit that people need. Is there any actual evidence that there is real economic development happening as a result of all this? I don't see it, we still have one of the highest rates of unemployment in the country and more people on food stamps per capita.

A Brief History of the United States

Manufacturing jobs began flowing to Asia, first a trickle and then a torrent. Americans didn’t pay attention, not knowing exactly where Asia was. Anyway, those foreigners were comic little people with squinty eyes and ate with sticks. Who could take them seriously?
FRED REED HERE!

Monday, March 21, 2011

MINISTRY OF PROPAGANDA

You'll notice that they have at least gotten more accurate in the description of what these statistics actually show, not last month but this month last year. Not really helpful at all in my opinion.


The 7.6 million trips taken last month are down 2.9 percent from Feb 2010.  MAX and WES Commuter Rail trips increased, while all bus trip categories declined. Ridership figures below are compared to Feb 2010.
  • Weekday bus/MAX/WES trips were down 1.7 percent
  • Weekday bus trips declined 4.8 percent
  • Weekend bus trips were down 8.9 percent
  • Weekday MAX trips were up 3.4 percent
  • Weekend MAX trips were down 7.3 percent
Here are the real figures however, from last month to this month, ridership looks to be holding steady, on both bus and rail: