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.
---------------------------------------------------------------------------------------------------
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.
