See Attached

See the attached letter and flyer sent by ATU Local 1395 School Bus Officers and Shop Stewards

June 20, 2009

see attached

UPDATE

JUNE 20, 2009

__________________________

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.

TwoMays (Dominos) negotiations stall

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.

ATU Local 1395

ECAT Members vote to go to Arbitration

for Bus Operator Faye Carroll

__________________________________________________

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.

Watch for updates on this case.

Grievance awarded to ATU!

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

to

lead negotiations for Union

(May 5th)

against

Durham School Services

______________________________

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.

LOCAL 1395

WINS

ACCIDENT REVIEW BOARD

HEARING

________________________________

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

Support Gaining

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.

Director of Transportation

Pete Cleghorn

hears grievances - Union awaits his response

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. 

UPDATE!

NEGOTIATIONS

with

Durham School Services

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.

Copy of Union contract proposals - see below

ATU Local 1395 begins negotiations with Durham School Services on April 14th and April 15th.

4/13/09 - ATU International VP Gary Rauen had to cancel coming to Pensacola due to a family emergency.  But ATU International Representative Ray Rivera and Gary Johnson will be present along with Local Union President Mike Lowery, Senior VP Mike Scott, and VP Teresa Coffield.  They will be representing Local 1395 for the contract negotiations for renewal contracts for the drivers and monitors contract and the mechanics contract.

Negotiations begin on Tuesday, April 14th, 2009 at 9:00 am at the Main compound of Durham School Services in the portable building (used for training).

ECAT GM rules with ATU on grievance!

4/13/09 - ECAT Interim General Manager Kenneth Gordon sent Local Union President Mike Lowery a letter today answering the grievance filed on behalf of long time Union member Jan Fillingim.  The grievance was filed objecting to the Company forcing Operator Fillingim to use her sick leave and FMLA time at the same time.  Fillingim wanted to use only her sick leave and not use FMLA after having surgery which will keep her out for several weeks.

Union President Mike Lowery and VP Larry Smith met with Gordon during the last step of the grievance process prior to arbitration and provided contract notes taken by Larry Smith showing that the agreement was to allow workers the chose of using their sick leave and/or FMLA. 

Any questions about this grievance, see Larry Smith or Mike Lowery.

UPDATE

APRIL 5, 2009

ECAT - Many grievances are pending

1.  A grievance has been filed for Bus Operator Faye Carroll.  Operator Carroll has cancer and has used up her vacation, sick time, floating holidays, and FMLA.  The Union argues that in the last contract negotiations they negotiated  a 12 week modified duty after all leaves had been exhausted.  This is in Article 21, Section 3.  The Company states it is not obligated to give the modified duty.  The Union wants to help Operator Carroll get through her first phase of her treatment.  Her Doctors believe she could return to work.  This grievance is at the General Manager stage of the grievance process and will be heard on the 6th of April.

2.  A grievance was filed for long time Bus Operator Jan Fillingim.  Operator Fillingim had surgery on her shoulder.  She had a lot of sick time accrued up and chose under Article 21, Section 6 (FMLA) to use her sick time rather than FMLA.  The Union argues that in the last negotiations the Union negotiated the right to use sick leave not in conjunction with FMLA.  It is the choice of the employee.  The Company argues under the Federal law they must charge both sick leave and FMLA together at the same time.  The Union states that is the law but not if a negotiated agreement is different.  This grievance is at the General Manager stage of the grievance process and scheduled to be heard April 6th.

3.  A grievance has been filed for Bus Operator Lee Williams III.  Operator Williams was given a 3 day suspension, along with other discipline for an incident with a passenger.  The Union has reviewed the audio/video CD provided by the Company and agrees with Operator Williams that the discipline was over the top.  This grievance is in the first step of the grievance process.  It should be heard the week of April 5th.

4.  A grievance was filed for Bus Operator Patricia Scott.  Operator Scott was sent home without pay for being out of uniform.  The Union argues that the Company has not been consistent in enforcing the Union Policy under the collective bargaining agreement (CBA) and therefore is targeting Operator Scott.  This grievance is in the first step of the grievance process.  It should be heard the week of April 5th.

5.  A grievance was filed for Union Officers Mike Lowery and Larry Smith.  The Union argues that the Company is changing a long time practice of how Union officers get paid doing Union Business.  The Union states that the long practice is if the Union causes the Union Business (i.e.  files a grievance, requests meeting, etc.) the Union pays the lost wages.  If the Company causes the Union Business (i.e.  calls a meeting, has a discipline hearing, etc.) the lost wages are paid by the Company.  This grievance is at the General Manager's stage of the grievance process.  A date to hear the case has not been set.

6.  A grievance has been filed by Trolley Operator Michael Thomas.  The Union argues that Operator Thomas was not given a piece of work when offered and he reported for that work.  The Company only paid him a 2 hour report.  Operator Thomas wants to be paid for the entire piece of work for that report.  This grievance is at the 1st step of the grievance process with the Director of Transportation.

7.  A grievance has been filed by Bus Operator Rosyln Malone.  The Union argues that Operator Malone is an extra board operator and she was past up and work was given to a junior extra board operator.  The Union wants Operator Malone to be paid for the run.  This grievance is at the 1st sep of the grievance process with the Director of Transportation.

8.  An incident investigation is occurring with Bus Operator Sharon (Dee Dee) Ridgedell.  The investigation has been looked into by Union President Mike Lowery.  The Union is waiting on the final outcome of the Company investigation.

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 Durham School Services - Contract Negotiations, Decertification attempt, and Arbitrations dominate topics of discussion!

1.  The Contract Proposal committee has worked long hours preparing for the upcoming negotiations which begin April 14th and 15th.  The committee met about 3 to 4 times together.  After putting together their ideas, the Union officers in charge of the committee brought the proposals to Union President Mike Lowery and he and those officers worked over two meetings and finalized the proposals.  "They did great work and deserve to receive the credit" stated Lowery.  Now Lowery is working working with Mechanics to finalize their proposals.  Mechanics met privately and now have turned over their proposals to Lowery for his input.  ATU International Vice President Gary Rauen will be the Union chief negotiatior with ATU International Representatives Ray Rivera and Gary Johnson attending the negotiations.  Local Union President Mike Lowery, Local Union Senior VP Mike Scott, and Local Union VP who represents Durham workers Teresa Coffield will make up the Union negotiating team.  Mechanics Stephen Price and Chris Peterson will represent the mechanics when the Union decussions maintenance issues.

2.  On April 30th the Union will be having its first arbitration case against Durham School Services.  School Bus Driver Deborah Fiss was terminated for failure to report an accident.  The Union membership voted to go to arbitration in support of Bus Driver Fiss.  They do not feel that tree limbs hitting the top of the bus warrant termination.  Union has not decided yet who will present the case on behalf of the Union.  Either ATU International VP Gary Rauen, ATU International Representative Ray Rivera, or Local Union President Mike Lowery.

3.  The Union has moved to Arbitration the case where School Bus Driver Carolyn McVay was terminated.  The Company charged Driver McVay with failure to report an accident.  The Union membership voted to go to arbitration in support of Bus Driver McVay.  The Union contends that the evidence does not show that McVay was the operator who damaged two buses on the parking lot.  Currently both parties (Company and Union) await the FMCS arbitration panel from Washington D.C. to select an arbitrator to hear this case.

4.  A grievance has been filed by VP Teresa Coffield stating that some Management and Office personnel have been attempting to influence bargaining unit employees against the ATU Local 1395.  In one incident a dispatcher called over a driver and questioned her why she was talking to Union officers and wanted to know the conversation.  In another incident the General Manager Laura Warren stated to VP Coffield that she was pulling video and GPS on another Union officer and watching her actions.  This grievance is still at the first step of the grievance process with GM Warren.

5.  A decertification petition was filed by former Union member and school bus driver Kim McLaughlin with the National Labor Relations Board in New Orleans.

The petition was accepted by the Board and currently a April 8th hearing is set.  The Board will be working to determine if the signatures on the petition are actual bargaining unit employees under the ATU.

The Union filed a letter with the Labor Board stating that the petition should be dismissed.  The petition states that the expiration date of the labor agreement is June 30th, 2009.  The actual expiration date is July 31st, 2009.  Therefore the petition was filed out of the range as allowed under the National Labor Relations Act.  The Union is awaiting a decision from the NLRB.

Union Officers have started a campaign to stop the decertification.  Mailings, face to face, and much more will be occurring in the months of April and May.  VP Teresa Coffield and Executive Board Officer Arlene Wright will be taken off for Union Business each week to get to bargaining unit employees.

____________________________________________________________

BCC - Grievances filed, ULP decision, ULP filed, and Impasse likely.

1.  The Union filed a grievance on the wage increase of 07-08.  The grievance has been completely ignored by the County.  Through each step of the grievance procedure the County refused to entertain the grievance.  The Union moved the grievance to arbitration and received an arbitration panel to select an arbitrator to hear the case.  The County is refusing to strike names on the panel to reach an arbitrator.  The Union has requested that the FMCS assign an arbitrator to hear the case.  Currently the Union is providing contract language to the FMCS for their review.

2.  The County has requested that PERC lift the stay of impasse filed by the Union in April of 2008, therefore allowing to go forward to impasse on contract negotiations.  No decision has been reached by PERC (Public Employees Relations Commission in Tallahassee).  The Union is considering this as an option to finalize this situation.

3.  A grievance was filed on behalf of Equipment Operator III's at the Solid Waste Department disputing their wage scale.  The Operators are being paid $11.83 an hour and state they were promised a starting wage of $12.10 per hour.  The County is again ignoring the grievance and participating in the process.  The Union has filed with the FMCS in Washington D.C. to have a panel of arbitrators assigned for selection of one to hear the case.  Currently the Union is waiting on the panel to be sent.

4.  A grievance has been filed against the County for ignoring the current grievance / arbitration process as outlined under the labor agreement.  Again the County is ignoring this grievance process as well.  The Union has moved this grievance to arbitration and is awaiting a panel of arbitrators to be assigned to the case to select one.  FMCS should be sending the panel soon.  If the County continues to ignore this grievance and the other grievances the Union is considering moving the grievances and filing in curcuit court the fact that the County is violating the labor agreement and asking a judge to rule on the grievances.

5.  PERC rules on ULP filed by Union.  In an interesting decision PERC ruled that County Administrator Bob McLaughlin did not violate the rights of County employees during a meeting in August 2008 while discussing the ATU and the decertification election.  But in the ruling the hearing officer found McLaughlin to be "not creditable" in his testimony.  But the hearing officer also found some of the Union witnesses not creditable either in their testimony.  As soon as the Union receives a version to put online of the ruling - we will post.

6.  Union files another ULP against the County on the 07-08 wage dispute.  On April 1, 2009, Union President Mike Lowery filed a ULP with PERC disputing the fact that the County ratified the wage increase on June 16, 2008 and the Union ratified the wage increase on September 29, 2008.  Therefore the County should of paid the wage increase.  The Union is awaiting for PERC to rule if the Union has grounds for a hearing on the ULP.

______________________________________________________

Dominos Pizza Delivery Drivers Negotiations continue - getting closer to agreement!

ATU Local 1395 continues to push forward and negotiate a first agreement for the Dominos Pizza Delivery Drivers on 9th Ave at the corner of Langley Ave.  Over several sessions now the two parties have reached agreements on all non-monetary issues.  Now the Union and Company attorney Keith Pyburn are looking at dates to meet in April and they will begin discussing economic proposals which are left.  "I believe we only have about 6 or 7 proposals left to work out and we'll have a labor contract" states Local Union President Mike Lowery who has been acting in the role of Chief Negotiator. 

____________________________________________________________

PENSACOLA BAY TRANSPORTION - Contract in place but Union needs to find new Union stewards to assist VP Theresa McDonald

While the workers at Pensacola Bay Transportation in Escambia and Santa Rosa Counties are under contract and wages are slowly growing to where they should be, Vice President Theresa McDonald asks for more help.  Former VP Mary French who was terminated for failure to complete a drug test properly lost her arbitration case.

McDonald states that help is needed and anyone interested should contact her.  "I need shop stewards at the Milton office and Pensacola office" said McDonald.  The daily issues are piling up and McDonald who has not been at work after having surgery is feeling the pressure of being the only Union representative who can file grievances.

Union President Mike Lowery states that he is going to work on a plan to get some Union officers at the PBT locations to increase membership and look for a couple of shop stewards.