AMALGAMATED TRANSIT UNION LOCAL 1395 / AFL-CIO - PENSACOLA, FLORIDA ATU Local 1395 was chartered in 1945 - Representing almost 800 workers that are employed at the following businesses: Escambia County Area Transit - Operations and Maintenance, Pensacola Bay Transportation in Escambia & Santa Rosa Counties - Operations and Maintenance, Escambia County Board Of County Commissioners - County Classified Blue Collar Employees, Durham School Services in Santa Rosa County - Operations and Maintenance, and Dominos Pizza Delivery Drivers employed at (TwoMay's Franchise on 9th Avenue) - Pensacola, Florida --- PRESIDENT MIKE LOWERY Presiding
We hope all our members are having a wonderful October. We appreciate your support and keep in mind that it is important to us that if you have any questions or concerns please feel free to contact a Local Union officer. We are working toward hosting the Fall ATU Florida Legislative Conference Board Meetings in November 09. All the ATU Local Unions in the State of Florida will be sending their delegates to Pensacola. We hope to have all our members particpate in this important event.
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Communication is the name of the game - we think you'll be very impressed with what you'll find on this site. Let us know what you think, e-mail us back at atu1395@aol.com - Have a safe and joyful day.
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voted last Tuesday to support a Strike (if needed)
In August 2009, ECAT General Manager Ken Gordon sent Union President Mike Lowery a letter stating that County Administrator Bob McLaughlin had not approved funding for pay raises for ECAT employees. In April 2008, ECAT Management and Union Officers signed a two year agreement which included a 4 1/2 % wage increase effective October 1, 2009.
In September 23, 2009 ECAT GM Ken Gordon made it official by sending a letter to all employees and stating the Company would not honor the pay raise. On September 25, 2009 the Union filed a grievance which has been denied through two step steps by Veolia Management.
Both parties agreed to meet on Friday, November 13th, 2009. At that meeting a representative from the Veolia corporate - Tom Hock told the Union that they had "zero" to offer to the Union. They are stating that a "side agreement" which is attached to the labor contract allows them to not pay the wage increase. Lowery points out that they are failing to notice the last paragraph in that "side agreement" which states if no agreement is reached the original contract agreement (4 1/2%) is still in affect.
The Union has also filed an unfair labor practice against ECAT/Veolia Management for violating an existing labor agreement and also failure to bargain in good faith. Plus the Union took a strike vote and the membership voted to allow the Executive Board of Local 1395 to set a Strike date.
See attached link for article in Pensacola News Journal
BCC Workers - Today the State of Florida Public Employees Relations Commission held a hearing on the unfair labor practice filed by ATU Local 1395 regarding the wage increases going back to October 1st, 2007. ATU International Vice President Gary Rauen and Local President/Business Agent Mike Lowery presented the case for the Union. Lowery was the key Union witness while the County used their attorney Michael Mattimore as their key witness. The hearing officer from PERC heard the case and now is giving both parties till early September to file their briefs on the case. After the filing of briefs the hearing officer will make a final decision ordered within the next 45 days.
On Tuesday, August 25th, 2008 a Impasse Hearing is scheduled on the outstanding labor agreement between the ATU 1395 and the County. The County and Union have agreed to meet this Friday on August 21st to attempt to discuss the issues.
ECAT - A pending arbitration vote for former bus operator Andrea Whiting will be put before the membership by President Mike Lowery at the next regular meeting.
Also the Company has notified President Lowery that the County has cut from the budget approximately $150,000. County Administrator Robert McLaughlin wants a pay freeze on ECAT employees. Currently the ECAT employees are scheduled to receive a 4.5% wage increase effective October 1, 2009. ECAT General Manager Ken Gordon has requested to re-open negotiations on wages for fiscal year 09-10. Both parties have agreed to meet on September 16th to discuss and state positions.
PBT - Union President / Business Agent Mike Lowery sent an email to Pensacola Bay Transportation Owner and President Margie Wilcox requesting to schedule negotiations for wages. The current labor agreement states that in October - November 2009 timeframe the parties are to meet for wages for 2010.
Dominos Pizza / TwoMays - Negotiations were scheduled on August 14th but Union President Mike Lowery states there are out side issues that are not related to the actual negotiations that have caused a problem and therefore caused a stand still. Lowery is now consulting International Vice President Gary Rauen and he has stated he will get back with the attorney for the Company (Keith Pyburn is the attorney). No negotiations occurred on the 14th of August.
Durham School Services - Negotiations continue on August 20th for Drivers, Monitors, and Mechanics. The Union is working to get through non-economic issues to allow discussions to move toward money on the table.
The decertification attempt - The NLRB has scheduled a hearing for September 1, 2009. No date for the actual election has been scheduled.
Union President Mike Lowery has not scheduled any meetings in June. He is on vacation for the entire month of June. Please watch for scheduled meetings in July to be posted soon.
ECAT - County Commissioners did not vote to support the proposed gas tax for ECAT. Commissioners Young, Valentino, and Robinson voted for the gas tax. Commissioners Robertson and White voted against the gas tax. The vote required a super majority of four yes votes.
ECAT - Bus Operator Andrea Whiting was terminated. Union President Mike Lowery reviewed the case and filed a grievance on her behalf. Whiting was fired for threating a passenger and using vulgar language against a passenger. After investigating the situation Lowery determined that Whiting went to 6 ECAT Operation Managers prior to the incident looking for assistance. The Union feels that ECAT Management failed to help Operator Whiting from this passenger. The grievance is scheduled to be heard on June 26th.
ECAT - Union President Mike Lowery has been on vacation for the last 3 weeks and has asked ECAT Management to hold off on negotiating the impact of the ZONAR/GPS system till he returns in the beginning of July.
DURHAM - The decertification election has been postponed till return of the workers in August or September. The NLRB ruled that an agreement could not be reached between the ATU Local 1395 and Durham School Services for a date, location, and times for an election to be held. Durham School Services attorney wanted the election to be held at specfic poll locations for obvious reasons to ensure anti-union voters would be able to vote during the summer. The Union argued that if a vote was to be held during the summer months while workers were off a central location was needed. No agreement could be reached and therefore nothing will happen till end of August or into September.
DURHAM - Union to propose more dates to continue to negotiate the renewal contract. Local 1395 will be offering some more dates and times to meet with Durham Management on contract negotiations. Lowery hopes that a date can be set in July or at least in early August. "We still have to continue to negotiate the Mechanics contract" states Lowery. Union officers feel Durham is not really making a true effort to negotiate the Driver/Monitor contract as long as there is a decertification election in the near future.
DURHAM - The arbitration for Deborah Fiss was scheduled for June 19th but on June 16th the arbitrator cancelled the hearing for personal reasons. A new date has not been offered but the Union hopes it will be in July.
COUNTY - PERC has dismissed three unfair labor practices filed by the ATU Local 1395. The ULP's were for failing to recognize two grievances and not bargaining with the ATU over contract issues.
COUNTY - The ULP over the wage increase for 07/08 is still pending with PERC and will be tied into an IMPASSE which should be scheduled in the near future. We will keep you updated as information becomes available.
DOMINOS - Union President Mike Lowery has asked the Company attorney to offer more dates for negotiations in July.
PBT - No pending issues have been noted at this time.
5/4/09 - FS/T Chris Hayes has flown to Washington D.C. to attend the ATU Financial Secretary school held at the National Labor College in Silver Springs, Maryland. Chris will be attending for eight days. We wish him luck and hope he learns a lot. He plans to stay for a few extra days to learn the MUMS system which ATU International is encouraging Local Unions to use for their finances and reports.
We hope to get a report from Chris when he returns about the school.
5/4/09 - On Tuesday, May 5th, 2009 the contract negotiations will continue between ATU Local 1395 and Durham School Services. International Vice President Gary Rauen will now be the chief negotiator for the ATU.
The negotiations are scheduled to begin about 8:00 am and continue all day with some breaks for lunch and side discussions. The Company promised last session to respond with proposals countering the proposals the Union provided to the Company at the April 14th and 15th session.
Also in attendance will be International Representative Gary Johnson and International Representative Ray Rivera. "I look forward to this session on the 5th" states Local Union President Mike Lowery "But I won't be surprised if the Company plays a stall game with the threat of a de cert hanging over like a dark cloud".
Representing the Union also will be Lowery, and Senior Vice President Mike Scott and VP Teresa Coffield who represents the Durham workers on a daily basis.
If you'd like to attend your welcome to come in and listen but you can not particapate with comments or gestures.
Watch this site for more updates concerning the negotiations over the next few days.
Union President Mike Lowery reports the negotiations with TwoMays for the pizza delivery drivers didn't go well during their last session on Friday, April 24th. "The Company's economic package was not gonna get us anywhere" states Lowery.
The Union and Company agree to meet for two days in May - "I think the Company realizes that we're not going to role over and play dead" states Lowery. The Union feels the Company will move during negotiations in May. Watch the web site calendar for the next negotiations times and dates.
The ECAT members present at the regular business meeting on April 26th voted 17-0 in favor of supporting a grievance for Bus Operator Faye Carroll to go to arbitration.
The grievance is for modified duty for 12 weeks under Article 21, Sectio 3 of the current labor agreement. The Company is ignoring this section of the contract.
The Union also feels the General Manager missed the time limits to respond to the grievance and the Union plans to pursue time limit violation in an arbitration case.
4/21/09 - ECAT Director of Transportation Pete Cleghorn ruled today on 4 pending grievances. A customer complaint lead to a 3 day suspension, 90 day probationary period, retraining, and mandatory EAP for long time Bus Operator Lee Williams III. Union President Mike Lowery, Vice President Larry Smith, and Chief Shop Steward Queenie Brown represent Operator Williams in the first step of the grievance process. The Union provided evidence that showed that the Company did not follow the collective bargaining agreement (CBA) in notifying the Union and Operator Williams that he was being investigated. Lowery also showed that Operator Williams actually picked up the passenger and did not violate any Company policies. Cleghorn ruled today that the Company did violate the CBA and that Operator Williams would have all discipline removed from his file and he would be paid back his 3 day suspension.
Other pending grievances - Cleghorn denied grievance for Trolley Operator Michael Thomas and after further investigation the Union will not pursue this grievance. Also Cleghorn ruled on a grievance for Operator Rosyln Malone and he denied her grievance for being passed up for extra work. The Union has not yet determine if the Union will move this grievance to the next step of the grievance process. The last grievance was for Operator Patricia Scott. The response from Cleghorn did not officially answer the grievance. The Company wants to consult with the corporate office.
Lee Williams III - "I'd kiss Mike (Lowery) but I'll just say thank you and if there is anything I can do for the Union, just let me know".
Lee Williams III is a long time bus operator with ECAT with about 11 years of service and he is also a faithful long time ATU Union member.
ATU International VP Gary Rauen missed the last negotiations session as his first grandchild was born. But he looks forward to the scheduled next session which is planned for May 5th. IVP Rauen has over thirty years of experience. So representing the Union will be Rauen, International Representative Ray Rivera, International Representative Gary Johnson, Local Union President Mike Lowery, Local Union Senior VP Mike Scott, and Local Union VP representing Durham workers Teresa Coffield. Plus representing the Mechanics is Stephen Price and Chris Peterson.
If you have any questions or concerns for the negotiating team please feel free to contact them through email atu1395@aol.com or leave a message at (850) 554-6034.
4/21/09 - Today an Accident Review Board Hearing was held at ECAT for Bus Operator Gerri Bell. On February 2, 2009 Bell was charged by ECAT Management with a preventable accident. At the actual accident a car ran a red light and hit Operator Bell's bus. Bell was heading south on MLK Drive and sitting at the light at MLK and Cervantes Street. When the light turned green Bell proceeded through the light slowly and had to come to halt due to the fact that a car heading west on Cervantes Street ran the red light making contact with the bus.
ECAT Management tried to say that Operator Bell should of never entered the intersection and she should of applied the 4 second rule when the light changed. The neutral party hearing the case was a representative from the Escambia County Sheriff's department who after hearing the evidence provided by the Company and the evidence provided by Union President Mike Lowery ruled that Operator Bell should receive a non-preventable accident and the preventable accident letters in her file should be removed.
"I appreciate everything the Union does, our President did a great job representing me and I'm glad we have a labor contract which allows me to have this avenue to object to a preventable accident". Gerri Bell
4/18/09 - Union officers who represent the workers at Durham School Services report that "Support is gaining for ATU".
VP Teresa Coffield and Executive Board Officer Arlene Wright have been working long hours talking to members of the bargaining unit. "What we're seeing is people are mis-informed and getting half truths" states Coffield. Since Coffield and Wright have been traveling around Santa Rosa County they've been communicating facts and offering copies of ATU contract proposals to workers.
Since the decertification petition was filed and then withdraw the Union has gained about 20 new Union members. "We've had folks ask us how to get their names off the original petition" states Wright. The Union plans to continue to use Union officers till the end of school year to conduct Union Business and communicate with workers. "Communication is the name of the game and we've failed to do a good job of it, we plan to change that and start communicating what we do on a daily basis and show are success stories" states Union President Lowery.
" I want to reach out to those workers who wanted the Union out and try and find out their concerns, we can work together to make our working conditions better" said Coffield. "I'm also committed to this cause and I'm going to deman that our Union officers commit or move out of the way".
4/17/09 - Update - ATU Local 1395 Local Union President Mike Lowery sent ECAT General Manager Ken Gordon an email on 4/16/09 that the Company missed the time limit to respond to a grievance hearing held on Monday, April 6th. GM Gordon had till close of business Monday, April 13th to respond. Lowery's email states since the time limit has been missed the grievance (for Bus Operator Faye Carroll) should be awarded. Gordon has not responded to Lowery's position.
The grievance was filed for Operator Carroll. The Union contends that under the collective bargaining agreement it allows for modified duty up to 12 weeks after all leaves, FMLA, and short-term disability have been exhausted. The Company originally took the position that this provision in the labor agreement was only for workers' compensation.
4/17/09 - Union President Mike Lowery, VP representing ECAT workers Larry Smith, and Chief Shop Steward Queenie Brown presented 4 grievances to ECAT Director of Transportation (Pete Cleghorn) and Operations Manager Brenda Mitchell.
The first grievance was for Bus Operator Patricia Scott on a uniform violation and loss of pay. Next grievance was for Bus Operator Rosyln Malone who claims she was bypassed given work as an extra board operator. The third grievance was for Bus Operator Lee Williams III who was suspended and received other discipline on a passenger complaint. The last grievance heard was for Trolley Operator Michael Thomas who also states he was bypassed extra work.
Cleghorn has 5 working days to respond to the Union in writing.
April 14th - Due to bad whether Durham Chief Negotiator Cal Schimdt was unable to arrive into Pensacola Regional Airport till late morning. Therefore the Union and Company agreed to begin negotiations at 11:00 am.
ATU Local 1395 had a complete contract proposal package for Drivers, Monitors, and Mechanics that was about 25 pages in length. These proposals included wage increases, improvements on Group Health Insurance, protection in working hours and more hours of work, field trip language, bidding rights, and so much more.
Management did not provide the Union with contract proposals. "This was sad to see, Cal Schmidt had agreed in writing to swap proposals at the beginning of the negotiations, it's sad to see they showed up with nothing" states Union President Mike Lowery. It sent a message of how the Company planned to proceed forward with the negotiations.
The Company then after the lunch break provided a verbal idea of some of their concerns. But NO proposals were provided.
April 15, 2009 - The negotiations started back up with the Company providing a document to the Union which was titled Contract Proposals, but in reality again was not actual counter proposals. Most of the items read that the Company will provide language at a later date.
After a reviewed break by the Union of the Company document the Union responded. The meeting ended with the Union demanding more of a commitment of the Company to respond to the Union proposals. Cal Schmdit stated at the next negotiation session he would respond to the Union proposals
The next session was set for May 5th, starting at 8:00am in Milton complex in the portable training room.
Many bargaining unit employees/union members took the time out to sit in and listen and learn the process in negotiations. The Union liked to thank all who participated and attended.
"It is clear that the Company is going to stall and drag the negotiations out" states Teresa Coffield, VP-ATU 1395
"The Union wage proposal is unrealistic and unreasonable" states Durham Chief Negotiator Cal Schmidt.
"We'd like to eliminate Home to School pay. Drivers won't start getting paid till their first pick up, we have formula's to do this" Durham Chief Negotiatior Cal Schmidt.
"It is the Company's position that we need to delete some sections of the Article which covers health insurance, it is our position that we will determine coverage and cost". Cal Schmidt.
April 15, 2009 - ATU International Representative Ray Rivera and Local Union President Mike Lowery met with the BCC Union officers and shop stewards at the Homewood Suites Hotel near the airport tonight.
Mike Lowery lead the meeting with updating the BCC Union officers of where the pending issues were at. The following is a brief update:
1. Lowery talked about the final outcome of the unfair labor practice and PERC hearing concerning County Administrator Bob McLaughlin. Lowery pointed out that the Union is attempting to post information regarding the ULP decision and BCC VP Bobby Nigh (Union cell phone (850) 791-2033) and Financial Secretary/Treasurer Chris Hayes (850) 572-8708 have copies of the ULP decision and Union response - If it is not posted on your Union Board at your department please feel free to contact either of the two men listed above.
2. Next Lowery talked about the current Unfair Labor Practice that is file concerning the 07-08 wage increase. PERC ruled that there was enough sufficient evidence to have a hearing. The Union is going to amend this ULP to include the fact that the County is obligated under Florida law to recognize the Union grievance process. The ATU has filed 3 grievances and the County has ignored them. Therefore the ATU is amending the ULP to include this violation of Florida law under stature 447.
3. Next Lowery showed BCC Union officers how the County is wanting to move toward Impasse regarding the negotiations. Lowery stated that at this time PERC has not ruled on the Impasse.
4. Lastly the discussion talked about negotiations and the Union position. It was determine that further discussions will occur when ATU International Vice President Gary Rauen could be involved. IVP Rauen had a family emergency and was unable to make this business trip to Pensacola.
May 2009 Newsletter.pub
Anti.docx
