ATU International Legislative Conference
When I began my career as a Union Activist, one of the things I was not particularly
involved or interested in except for Presidential elections, was “politics”. That has changed. Politics are important
to me as a Union Leader and you as Union members. As a Union Leader and advocate, it is important to understand that you
cannot promote Democrat (D) or Republican (R), you must support pro-union, pro-labor and pro-transit advocates, legislatures
and legislation.
One of the biggest impacts legislation has on our occupation as both the Union member and
Pierce Transit management, on the federal level, is the passage and increased funding of the Safe, Accountable, Flexible
nd Efficient, Transportation, Equity Act – a Legacy for Users (SAFETEA – LU) which authorizes federal transit and highway
programs through fiscal year 2009.
While in attendance at the International ATU legislative Conference in Washington DC, both
Labor (ATU) and our Management counterparts at Pierce Transit (agency), who are members of the American Public
Transportation Association (APTA) advocate the same or similar goals, positions, and legislation on behalf of both the
transit worker and the agency. I might add, usually, APTA is much better at advocating for agency money, whereas the Union
while advocating for funding, also advocates for the rights of its members and labor.
The Washington state delegation to which I am part of visited and advocated on behalf of it’s
membership the offices of Senator(s) Patty Murray and Maria Cantwell, Congressmen Rick Larson of the 2nd District, Brian
Baird of the 3rd District and Jim McDermott of the 7th District. Other were contacted prior to our (delegation) arrival,
whom we were able to meet at both a combined ATU/APTA reception, to which the members of the 110th Congress were invited,
and the ATU reception which honored the newest members of Congress.
ATU legislative priorities include; a fully funded SAFETEA–LU, preservation of our 13(c)
transit employee labor protections, right to freely chose Union representation, an increase in Transit and Intercity
Security through mandatory training, planning, and increased federal funding. Expanding the usage of and raise the limit
on tax-free transit benefits to equal parking benefits (at the present time an employer may offer up to $215 a month in
subsidies for parking, compared to $100 a month for using mass transit) Senators McGovern and Schumer have introduced a
bill to increase the transit subsidy up to the same amount as the parking subsidy. It is hoped that this will ease
congestion, improve air quality and reduce dependence on foreign oil, legislation to allow federal transit funds to be used
for Operating assistance (service on the roads to include workers/members) presently federal funds are to be used for
capital projects (transit centers, buildings, etc.), encourage “state” transit investment, ensure “fairness” for Commercial
Driver License (CDL) holders (inability presently to defer certain violations and adverse effects when using personal
vehicles because of the CDL endorsement), and on a more universal note, labor has always had an interest, and will continue
to advocate to extend and expand health care coverage for all Americans.
ATU Committee Political Education (COPE)
What is ATU COPE?? It is the largest transit, intercity bus, and school bus worker Political
Action Committee (PAC) in the United States, which contributes to pro-labor, pro-transit candidates for local, state, and
federal office(s) that represent our interests at “every” level of government.
ATU-COPE supports legislatures who support transit workers rights to collective bargaining,
preservation of health and safety laws, federal requirements for transit security plans and increase(s) to transit funding.
Contributions go to “Democrats and Republicans”, and are based on a number of conditions including the candidate’s
position(s) on important labor and transit, issues as well as their assignments to “Key” committees.
ATU–COPE can benefit our members to “fight or support” initiatives ie.... I-695, I-745,
Proposition 1 to name a few (some members were in some way impacted by these issues in the past). COPE actions included
mailings, providing locals with campaign materials, letters and newsletter articles, and in some instances the
International in Washington DC, has sent staff to help in some of these critical issues. As a transit worker, your job,
wages and working conditions are directly linked to politics. As an example, the negotiated contract between ATU 758 and
Pierce Transit must be approved by the Transit Board of Commissioners “after” the ratification vote by the membership. The
Board is composed of “elected officials”.
April will be ATU–COPE sign-up time (although one is able to sign-up at anytime). COPE contributions can be as small
as $1.25 per pay period or $2.50 per month or $25 a year, and can be deducted with a paycheck authorization form provided
by the Local.
The ATU–COPE Awards program recognizes ATU members who support the program. All club members
are awarded a distinctive lapel pin to indicate their level of participation.
The President’s Club: member pledge $25 to $49.99
The Statesman’s Club: member pledge $50 to $99.99
The Century Club: member pledge $100 to $249.99
The Congressional Club: member pledge $250 to $499.99
The Patriots Club: member pledge $500 or more
There are also local awards for the highest percentage of participation and amount of pledges
and contributions. Seattle Metro (587) usually leads the pack for their size group, with contributions of approximately
$97,000 and according to their COPE chair they’re trying to hit $100,000. I would encourage everyone who can pledge a
contribution to COPE to do so. Your Executive Board and General elected Officers are “all” involved, as well as a small
number of the membership.
In the event some type of “adverse” legislative action is imposed on us, the International
will reimburse the local 50% of our donated COPE contributions and with some proposed actions such as the “big” Sound
Transit/highway funding package to be voted on and the “proposed” agency consolidation, we may very well need COPE
reimbursement funds to fight and/ or support these issues.
ADA Call-outs
Another topic discussed at the ATU Legislative Conference in Washington DC, was ideas from
delegates from all over the US seeking ideas for “Legislation” that adversely affects our jobs as Operators. So amazingly,
or not so amazingly, one of the topics was legislation to address technology, which addresses federally mandated
requirements such as ADA call-outs.
Ninety-eight percent (98%) of the delegates in attendance were in agreement that something
needs to be done on the federal level to require transit agencies to utilize “new” technology to address this issue.
Without “new” or upgraded technology to address this issue, agencies across the US will continue to beat down and demoralize
their workers with unwarranted discipline while failing to fulfill their obligation as Transit Agencies.
Pierce Transit since the inception of the ADA has consistently, knowingly and willfully
violated the ADA by discriminating against individuals with disabilities, but it is following lock – step with other
transit agencies across the US, and obviously has no “intent” to comply with ADA guidelines, and never will face any kind
of penalty whatsoever unless they are faced with EEOC complaints or lawsuits. Perhaps a campaign should be organized to
inform individuals with disabilities of the violation of their civil rights, or the agency could very well take a less
abusive approach (that Operators are doing the best they can without help from the agency) but that would be hard for them
to do.
Meal and Rest Periods
I have had an initial meeting with CEO Lynne Griffith, Acting VP HR & Labor Relations
Kristine Dupille, and Senior Operations Planning Manager Tim Payne regarding the Meal and Rest Period issue that is
“mandated” by the State of Washington Department of Labor and Industries.
There are a lot of complex issues to resolve regarding this Policy but, being that it is
“law” it must be addressed and both the Union and Agency must reach some agreement whether it is a “variance” (agency),
contractual language/negotiations, implementation if agreed and or past violations of this ordinance. The next meeting
is scheduled for April 11, 2007. We’ll keep you posted.
Restroom Breaks
If you need a restroom break and you are running late “take it”. Don’t exceed the limit to
do it operate as a professional. If you are approached by supervisory personnel or management regarding this issue, please
contact a Union Steward or this Office immediately. Also complete an “incident” report and forward a copy to the Union
Office and keep one for yourself. Thank you!
Insubordination
Some of our members in the Maintenance area have a concern as to what can be construed as
insubordination.
This is what has to be considered:
1st was the individual actually given a direct order or merely instructions?
2nd was the individual aware that he/she was given a direct order?
3rd if so, was the order clear?
4th was failure to comply intentional?
5th was the individual given “adequate” forewarning or consequences of alleged refusal to carry out order?
6th was the order reasonable and necessary to the SAFE orderly, and efficient operation of the organization?
Did it violate the agreement (Contract)?
A. An addendum to the agreement
Side letter to the agreement
A policy
Administrative directive
A past practice
Applicable and relevant arbitration award
An applicable law.
B. Did the order threaten to cause undue hardship or irreparable harm?
C. Did the order threaten to endanger the health & Safety of the individual?
D. Would the order force the grievant to violate the law?
E. Was the order arbitrary, capricious, unjust, unfair,
unreasonable, or inequitable?
There you have it. Management cannot merely threaten you with insubordination. They have to go
through the hoops as mentioned above, which has been set in “stone” by arbitrators and courts of the land.
VP of Transportation Services
Interviews for the VP of Transportation Services are scheduled for Friday April 13, 2007.
I have been invited and it is my intent to attend. Three candidates will be interviewed and the Union (myself) will have
plenty of questions for the candidates. We’ll see what shakes out!
Facilities Maintenance
Please check the Union Bulletin Board in the Maintenance Lunch room regarding the
reorganization, and your rights as Union members. Thanks.
Retirement Cakes
In answer to some members who have asked – Yes the Union pays for cakes for the lobby
celebrations for Retirees – not the agency to which they have dedicated numerous years of service. Go figure!
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Don McKnight
Financial Secretary/Treasurer
I don’t know about you but there seems to be a general uneasiness about what the future
brings for Pierce Transit. Our C.E.O. Lynne Griffith is in the process of reorganizing the chain of command and hiring a
lot of managers to replace those that we have vacancies for. Anytime new management comes in there tends to be a lot of
changes.
I’ve raised several safety concerns about things our members are asked to do. I have raised
my concerns at the S.A.R.T. meeting and this issue is set to be discussed at the Supervisor staff meetings in April as
well. I hope no one gets hurt before then.
Special Assessment Notice
We have received a copy of the final bill for the Rex Longen arbitration that finished up
late last year. This was a long and expensive arbitration that required three days of testimony from numerous witnesses.
The International Constitution requires that local unions pay for arbitrations through special assessments. Section 21.15
of the International Constitution states “If the L.U. (local union) submits to arbitration, the L.U. shall proceed to
arbitrate in accordance with the terms of the labor agreement and the costs of such arbitration shall automatically be
assessed on a per capita basis among all active members of the L.U.”
The good news is that we have some previous arbitration funds that were returned to us in a
separate account. Unfortunately what is in there is no where near enough to cover this arbitration. The local needs to
assess our members $16.00 over two months starting in May to pay the remaining liability. I will ask the employers to assess
the $16.00 in the pay cycle where dues are not deducted as well. Please call me if you have any questions.
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Sonya Ogden
Recording Secretary
Congratulations to Shop Steward/Transit Operator Kevin Greinke who won the 2006 $300.00
attendance drawing for attending at least one Union meeting in 2006. Kevin regularly attends the PM monthly meeting
(the second Thursday of each month). There is also a $50.00 monthly attendance drawing for members who attend one of the
meetings in the month. However not once last year (2006) did we have a $50.00 monthly attendance award due to not having
a monthly quorum once in the year of 2006. In order to have a quorum, we must have at least 20 members in attendance to
one of the monthly Union meetings. This tells us one thing, members must be happy and/or content with Union. Please
remember, “Those who attend the Union meetings, RUN the Union.”
There are two Union drop boxes for members to put information in that they would like the
Union to receive. One is in the Operators lobby on the shelf next to the Union bulletin board and one is located in the
Maintenance lunch room attached to the wall underneath the Union bulletin board at Pierce Transit. These boxes are checked
at least once a week. There is another alternative if you feel the item is urgent in getting to the Union and/or an
Officer, on the second floor of the main building, right to the top of the stairs is an interoffice mail system. There
is a slot for the Union. Please feel free to drop off any information you would like to give and/or share with the Union.
For the members in Kelso/Longview area please feel free to give it to a Shop Steward.
With the summer fast approaching it is time to start marking your calendars for upcoming
Union events.
The annual ATU 758 golf tournament is tentatively scheduled for Sunday, July 15, 2007. The
date, time and golf course are still being looked at. At this time the golf course in Yelm is being considered. Please
look for additional information and sign up info in the coming May 2007 newsletter. There is a new rule being implemented
this year and that it will be required that each team has at least two (2) ATU members. They do not have to be from ATU
Local 758 but can be from any ATU Local. Last year we had to turn teams away. So start getting your team together now and
get your registration forms in as soon as you can after we distribute them in the coming newsletter.
The annual ATU picnic and campout is scheduled for the weekend of July 21st and 22nd, 2007 at
the Sportsmen’s Club. With the campout starting Saturday and the picnic being on Sunday. Look for additional information
to come in future newsletters. If you have any questions or would like to volunteer at any of these events please contact
E-Board Officer and Recreation Committee Chair Tyrone Ross at 253-861-0425 or contact the Union office.
Before you know it the fall will be upon us. This fall it is time for nominations and
elections of your Union Officers. Please start considering and/or thinking about this important time for you as a Union
member.
This last month each of us Union Officers (General) received an email from a member who
was not happy with the some of the new seats being installed onto some of the buses (vinyl/leather seats). This member
complained that these seats caused them an irritation/rash. This member stated that they indeed did write the problem up
and did not get a response. As I read the email I could feel their frustration and felt compassion for them. I thought
that no matter what Pierce Transit does in situations like this they will never make each and every Operator happy with one
thing. We as the Union or as an individual member can and do take this kind of problem to Pierce Transit. I feel Pierce
Transit does listen and tries to accommodate as much as possible in situations like this, but again they are dealing with
500 plus Operators and there is absolutely no way to make each and every Operator happy with something as complicated and
as important as a seat that we sit in each and every day.
Another example is the interior lights on the buses. We as the Union have been addressing
the problems with the interiors lights on the buses in the evenings causing problems on the front windows for Operators.
We finally had a member of Management former VP of Maintenance Reed Hooks who listened to our issues and researched
alternative light coverings to deflect the lights off the front windows. From the suggestion that the Union gave him and
through research it was decided to purchase and install the “red” coverings on the interior lights to help with the problems.
So far about three coaches (300 series) have had these coverings installed. I personally have heard many positive comments
on these lights. Many Operators have told Safety & Training that the installation of these coverings was a good idea and
that they are working. But alas a few Operators did complain that they thought it might be a safety issue in not seeing
some passengers in the back. I personally have driven the buses (in the evenings) with the coverings and found absolutely
no problems with seeing passengers in the back and now Fred Nelson of Safety & Training has decided to remove the coverings
off in the back area per a memo posted on the Operator lobby bulletin board. A perfect example on how it is very difficult
to make everyone happy.
In closing of this issue, please remember you and your voices are being heard, but it is
absolutely impossible to make each and every member happy with the decision and/or policies that are being made at Pierce
Transit and/or the Union. It is up to you to be persistent if you feel you have an issue that needs addressing please keep
on addressing it and do not give up.
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Executive Board Reports
I want to thank the ATU 758 Executive Board and all those who attended the March Union
meetings for approving the $500.00 to be donated the ATU 758 Women's Caucus. As a reminder the ATU 758 Women's Caucus
meets the 1st Monday every other month at 6:00 PM at our Union office. Sorry you just missed the April meeting the next one
will be June 4, 2007. For questions please contact myself, Sonya Ogden or Ginny Stevens. Contact information can be
obtained from the Union office or Union bulletin boards.
Thanks for all the kind words about my article last month. I hope you take the advice I gave.
Unfortunately there remain many drivers still complaining about not taking breaks or having a 'comfort stop' (using the
restroom) for many hours of your shift. Once again I encourage you to take care of yourself.
Before you go in to meet with Management for any level of discipline or investigatory meeting
please take a Shop Steward with you. We are here to protect your rights as a Union member.
If you need more information or have questions please feel free to contact your Union
representatives we are listed on the Union bulletin board in building 4, the lunch room in Maintenance and in the Commerce
facility.
Deborah E. Brown, E-Board Officer Service Supervisor
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