The Union
Voice
Local 19 Fall Edition 2002
Established 1893
Education for our leaders has been a priority to our Local in recent years. We dedicate this edition and future publications to the goal of passing this information to the membership. We will endeavor to inform you of your rights, and you will be encouraged to exercise them. "If we fail to exercise our rights, they may be forgotten and violations may become routine."
-Inside-
Page 1
A Rose By Any Other Name
By Gene Fletchall
Page 3
New EEO/AA Advisory Committee
By Dan Francis
Page 4
Workplace Violence – Can Happen Anywhere
By Jeanna Lanucha
Page 5
A Union That Didn’t Strike It Rich On A Gamble
(The Saga of the Las Vegas Transit Strike)
By Dan Francis
"….A ROSE, BY ANY OTHER NAME…"
Wm. Shakespeare, Romeo and Juliet
Article by Gene Fletchall
Having attended one of the "company meetings" that have been held in the last few months, I observed something that troubled me deeply. Larry T. noticed my perhaps too obvious consternation, and came up to me the following day, and asked if he might be enlightened as to what was on my mind that evening. My reply was this, "Larry…the word Despot." I felt that I saw a despot in the making.
Webster’s 1828 Dictionary defines DESPOT as a noun. "An emperor, king or prince invested with absolute power, or ruling without any control from men, constitution or laws. Hence, in a general sense, a tyrant."
More than once in this meeting, Larry asked someone, "Why do you need a union?" He posed that same question to me, that next morning. Perhaps he has queried you after a like fashion. As I sat there that evening, I sat as one "…waiting for the other shoe to fall…" and certainly enough, fall it did. Before that evening was over, we heard words like, "..you don’t need a union, as long as you have me…" "..as long as I’ve been the manager here, things have been done right, and they will be, as long as I hold this position…" "..Trust. You’re just going to have to trust me on this folks. We’ve got good management here, and there are those working behind the scenes that are going to see that you’re taken care of…" Now the above of course, are not exact quotes, but hopefully, I’ve maintained their integrity and intent, if not their import.
But, grandiose thoughts they are. They sound good, perhaps even, they "..soothe the savage beast." But all that glitters, is not gold. If we look beneath the surface, would we continue to be impressed, or would we hold them in askance?
Cont. on page 2
It’s been said that, "..absolute power, corrupts absolutely…" so when the foundations of this great nation were framed, our founding fore fathers, having a God given, innate sense of the propensities of men, deemed it appropriate to devise a system of checks and balances. Thus was instituted the 3 branches of our government, the Legislative, Executive, and Judicial. Within the Legislative branch, we have the House. We have also the Senate. It is this writer’s opinion that our union, ATU Local 19, serves much the same purpose. It’s a check, and I believe, and I trust, that it adds a modicum of balance to this company of ours. It is for this reason boys and girls, (among a host of others,) that we need a union. It follows then, that we need to stand in Unity, speak with one voice.
Someone once said that, "..Locks, keep an honest man honest…" But lest I be perceived as seeking to "throw the baby out with the bath water," allow me to here say that I have no real axe to grind with Mr. T. Truth be known? I really rather like him! In that same meeting, he also purported that we should look at his track record. From my observations over the last nearly 2 years, it is indeed a pretty good one. It’s one I think that he can be proud of, and I believe that we, the employees, have due cause to be proud of it, and him, also. But, I would remind Larry that there have been those times, that he "did the right thing," …with the union’s help. I further find Mr. T to be a very intelligent man. In my opinion, had he given due diligence to thinking this through, he would have found that he has nothing to fear from the union. Indeed, if as he states, he truly has the best interest of his employees at heart, would he not then determine that the union only strengthens this company? Of a truth even, especially, given his prior positions in the union, why would he not then seek to strengthen that union, rather than destroy it? Despotism? No. We need it not. A good man might indeed be a Benevolent Despot. But a despot is a despot, is a despot. No. What we need is our union, and we need that union to have the strength of the involvement of its membership, and the power of its unity.
We are blessed I believe, in having a great man at the helm of this stately old ship, that we call our union. Elisha, that is Dan, our Union President, (some of you can appreciate that analogy!) has that quality that I believe is essential for a man in his position. HE CARES! He cares about his brothers and sisters, and their well being. Don’t look too hard for the perks of his position, for you won’t find a great many. He must then, be a man who takes his satisfaction from the thought that he has been, and is being, of help to his fellow employees. He needs our support. He needs to hear our voices, needs to know what we think. He’s needful of sensing and knowing our unity, needs not to feel that he stands alone. Succinctly boys and girls, he needs the involvement of the membership, and our company needs to know of that involvement, and our Unity.
In the last Union meeting, our President mentioned that it has probably been 8 or 10 years since the "language" of our contract was addressed. It is my understanding that he will seek to do that in these upcoming negotiations. If it is not on his agenda, may I be so bold as to call for him also to address these "unwritten agreements" that seem to be in existence between Larry T. and the Union. Folks, these "agreements," are simply not "good business", and I believe that Larry T. full well knows that. How could he not? It gives one pause to muse that he could scarce have a lot of respect for the union, when we have allowed ourselves to be reduced to agreeing to such trifles as this. In the State of Colorado, yes, verbal contracts are good. The problem is, they’re not enforceable, if they’re not written. There is no tangible proof that any such agreement ever took place. "….if it ain’t written down, it didn’t happen…" Hence, they’re really only as good as the two people involved. They can change, or be negated at the whim of either party. We know Dan, and we may feel that we know Larry. But what do we really know of our management company, or the rest of those in the "head-shed" above Larry? For that matter, do we really know how long it will be, before Larry gets a better offer, somewhere else? The last few probably very busy days of a manager’s tenure, are scarce the time to get things put into writing!! NOW is the time boys and girls.
In closing this treatise, may I pose this question: For those new members among us, when you have questions about the Union, why would you go to management? Yes, many of them are former union officers and members. But "former" is the operative word here. These folks are now, well….management, replete with that "management mind-set." Why not go to the "horse’s mouth" with our questions? Why not go to the Union?
ATU 19 WELL REPRESENTED AT GRIEVANCE SEMINAR
On August 24th 11 ATU 19 Officers and members attend the ATU Grievance Seminar in Denver. Attorney and Arbitrator Bill Hockenberry taught on grievance preparation /investigation/processing and arbitrations as well as a union’s duty to fair representation. If there was one theme that ran throughout the day, it was know you labor agreement. Carry it with you, know the content, the intent and the past practice. It was a good day of education as well as learning from other ATU members throughout the front-range.
Pictured from left to right: Phil Guinta, Dan Francis, Brad Henry, Greg Green, Jeanna Lanucha, Bob Lanucha,
Lori Rea, Tom Hitt, Brad Sictherman, Ray Reed and John Mitchell.
NEW EEO/AA ADVISORY COMMITTEE
By Dan Francis
The new EEO/AA Advisory Committee was selected and met for the first time on August 23rd. The members include John Mitchell, Liz Wilson, Tom Hitt and Dan Francis. John Mitchell was chosen by the company to chair the committee. The union sent John to a U.S. government sponsored EEO seminar in Denver that presented information on Employer EEO Responsibility, Sex Discrimination, National Origin Discrimination, Disability Discrimination, Age Discrimination, Religious Discrimination and Race & Color Discrimination. The union also purchased books to supplement the training John received.
This committee has discovered two things initially:
There exists a adversarial response from Marvin Pritchard, the Human Resource Supervisor and company’s EEO Manager to the committee’s requests for information and questions about the company’s implementation and compliance of it’s own EEO/AA policy.
The company (EEO Manager) has not conducted the analysis of the workforce with the City, produced the annual affirmative action status report to be forwarded to the city, nor identified any EEO/AA problem areas, set goals or timetables, nor monitored the effectiveness of the problem. The company has not followed their own EEO/AA Program.The $100,000 question is why. It could be lack of a priority. It could be since there are no current EEO complaints why expend the time and energy.
Cont. on page 4
It could be that there is concern that if the policy reports, goals and timetables were done and monitored there would have to be some accountability into the hiring, promoting and termination at Springs Transit. It could be some other reason. We will probably not learn the true why, and maybe that is not the point.
The point is that this committee will not idly sit by and accept the company’s lack of response to a good policy. This committee is committed to equal opportunity and affirmative action (EEO/AA) and will take the necessary steps to ensure it is a reality and not just some letters Springs Transit puts at the bottom of its want ads. John, Tom, Liz and I care deeply about discrimination, prejudice and affirmative action and will use the tools available to us to make a equal employment opportunity and affirmative action a reality at Springs Transit. If you have any questions, information or complaints please see one of the EEO/AA committee members.
By Jeanna Lanucha, Union Steward
We have a wonderful Springs Transit Workplace Violence Policy at Springs Transit. It states how the ‘safety and security of Springs Transit employees is of paramount concern" and that "acts or threats of physical violence, including intimidation, harassment, and or force….will not be tolerated". The only problem is that unless you are surrounded by the black iron gate and behind the protection of the security guard at 1015 Transit Drive, this policy doesn’t pertain. At least that is the spin from the horse’s mouth in the Human Resources Department. Funny how Springs Transit wants to protect you on their real estate but once that bus leaves the gate you are on our own to find out what is "part and parcel" of your job. It appears that if you are at a desk, behind a computer or shooting pool you are in luck.
Why is that? Two words: The public & liability. Those are two things that are difficult to control from an employer’s point of view. The public can and will sue if they are wronged. The public is not easily controlled. The employee, as long as he/she is covered under Workman’s Compensation is very limited to collect damages if they are hurt on the job. The employee can be much more easily managed.
Things are changing for our benefit. 9-11 has brought safety on public transportation to the spotlight. Until recently our problems were viewed as petty. The Safety and Security department has recognized the growing threat to public transportation, and has taken the wise and crucial steps to make changes and advertise those changes. New policy has been posted on our coaches that says, "Causing a disturbance on this bus may be considered hindering public trans-portation. All violators will be prosecuted to the fullest extent of the law. All infractions will be reported to the police. Misconduct will not be tolerated." This policy is followed by a listing of state statues.
It's up to our operators to enforce and use this policy. The laws are there to protect us. We need to be willing to press charges when necessary, and follow through with prosecution. We need to fill out incident reports, make copies for your steward and create files of our problems and company responses. Public perception and appearances are very important, but appearance serves no purpose if it is not backed up with action. We can't afford false security on our coaches. You never really know until you test it.
Recently we have had some tests. Incidents occurred that prompted our operators to request police assistance. There are conflicting reports about whether these requests were solely for the police. These incidents have been resolved and out of them came discussion and improvement. Operations seem open to develop a standard operating procedure (SOP) to provide consistent guidance for dispatchers. Up until this time there has been little specific direction for dispatchers from management. It is important that this SOP be simple, easily understood and consistently followed by all supervisors. As operators doing the business of Springs Transit, it is crucial that we have the support of the staff working at 1015 Transit Drive to address and react to the potential violence our operators face on Academy, Chestnut, Winters or any other street our buses travel.
A UNION THAT DIDN’T STRIKE IT RICH ON A GAMBLE
The Saga of the Las Vegas Transit Strike
By Dan Francis
"A Union is only as strong as the brothers and sisters that walk hand-in-hand together." What went so terribly wrong? Was it the promise the local officers made when running for election that they could get the members a $3.00 to $4.00 an hour raise? Was it the last and final offer that was said to not even cover the extra medical insurance cost? Was it the fact that the mechanics were not on board, as well as the message of disillusionment illustrated when 2 past local Presidents and a past Financial Secretary were among the numbers that crossed the picket line?
This is the story of a war at a transit property that could ruin a local union, not to mention the hardship on numerous families. It could also cost the contracting company millions and set back the credibility of public transit in Clark County, Nevada for many years. The initial problem was that RTC, the agency responsible for overseeing the transit system, privatized the work. Instead of paying public employees a livable wage, they pay a contractor or middleman to do their work and of course they get their cut, at the workers expense. Discontent among the workers with this contracting company, ATC/Vancom, has been brewing for some time now. The operators were upset with the 7-year progression to get to top wage and top wage was below market value. What also played into the equation was an unstable union. Even though Las Vegas is a "union town", Nevada is a "right-to-work" state. ATU Local 1637 must represent around 1,200 workers, but because union membership is not required only 500 – 600 of the bargaining unit are typically members. That number swelled to 900 during negotiations. As a rather new local union the leadership has changed several times in the last decade. Members running for election made promises, though probably well intentioned were at best very difficult to deliver. Members liked what they were promised and bought into the notion they could elect their own prosperity.
Negotiations started last year and went on for many months. They hit a wall between what the company would offer and what the union demanded. The labor agreement expired. Extensions were agreed upon, and both parties continued to meet at the table. "Before the union went on strike, the sides were far apart. The company had offered a 3 percent to 10 percent annual pay raise over five years. The union's final counteroffer asked for 7 percent annual raises over two years. The sides were also split on issues such as health insurance and holiday time." The union was trying to make up lost ground from past years, the company was not giving up its turf.
Federal Mediation was involved, the mayor worked to keep both sides at the table, but finally the membership rejected the last offer and saw no alternative but to strike. They struck in the early morning hours and initially crippled the transit system. Most buses initially didn’t go out, but soon supervisors and some non-members cross the pickets. The company makes good on their threat to bring in union busting replacement drivers from other properties throughout the southwest. Those on strike wondered how the company could afford to provide transportation, room, board and a competitive wage to replacement drivers but refuse to provide a "family living wage" to its own local employees.
Cont. on page 6
Company officials complained the pickets were delaying buses and accused the strikers of rock and bottle throwing and abusive language directed at replacement workers. Soon financial issues rose to bring both sides back. Drivers had lost wages, and officials with the Regional Transportation Commission, which oversees the bus system and hired ATC to run the system, promised to enforce contract provisions that will fine the company for each late or absent bus. The company faces $300.00 to $500.00 fines per bus route that service is not provided for or is running late. The Company claimed they were almost fully staffed with replacement drivers.
Again both sides returned to the table, but now the union has lost much of it’s initial clout because most of the buses are running with replacement operators. The negotiating committee brings back another offer from the company to the membership, endorses it but the membership rejects it 492-39. Calls come for local President’s resignation. He refuses believing he still has substantial support. Tactics must change because the strike alone isn’t doing it.
The Union decides to attack the industry where it’s members are employed. They bring their problem to the local labor council. The Southern Nevada Labor Council responded by voting unanimously to ask the Nevada AFL-CIO to oppose a proposed $2.7 billion tax package that would support road and transit improvements in Clark County. The council, which represents more than 120,000 workers in Southern Nevada, passed the resolution in an effort to support bus drivers on strike against the company managing the countywide Citizens Area Transit (CAT) service. The resolution was a blow to efforts by Regional Transportation Commission officials to pass the package of tax increases, including $2 billion over the next two decades by increasing the county's sales tax rate from 7.25 percent to 7.5 percent. The Clark County Commission Chairman is still undecided on the tax package issue, said Thursday that the labor council's resolution does not encourage him to support the ballot question. "I'm obviously concerned about the way drivers are treated by this multinational corporation," he said. "I think they have every right to be concerned about how the proceeds from this tax question will be used in respect to mass transit." RTC General Manager Jacob Snow said Thursday that the union's opposition would not only hurt transportation in Southern Nevada, but the transit system specifically -- and by extension, the system's drivers."
What is the root of this problem? Greed!!! Greed from a privatized company who demonstrates more interest in corporate profits than a fair investment in its employees that provide an important public service. Everyone is losing. The company, the union, the working families and the riding public have all needlessly suffered. Interesting enough the main issues turned to general amnesty for the strikers, retroactive pay and health benefits. The company sent out letters to the striking workers "with an ultimatum to return to work" or be replaced permanently.
Something had to be done. In Las Vegas the company and union had no plans to return to the bargaining table. International President Jim La Sala set up a meeting with ATC Vancom company officials at their corporate headquarters in Chicago. It worked! "Union officials said their strategy of bypassing local talks, where acrimony over a succession of failed deals had led to mistrust on both sides" were successful. To get the needed compromise they had "to go all the way to the top". "There was too much resistance locally"
On Friday June 28th the union drivers voted to accept the company’s latest contract offer and return to work. After more than 2 months on strike the labor agreement was ratified by a 264-117 vote. "Few drivers, however expressed enthusiasm over the strikes outcome or the contract".
"The four-year contract will provide a $2.75 raise to the drivers’ wage, which range from $9.50 - $14.00 and hour. Beginning in 2003 health care premiums will be split with the company paying 85% and drivers picking up the remaining 15%. In addition the drivers will receive three paid holidays, Christmas, New Years and Independence Day, by 2005."
ATC Vancom will pay drivers a $200 signing bonus and grant amnesty. The International will pay drivers an additional $300 in strike compensation.
One driver expressed the sentiments of many, "I voted for it, but only because I felt this was the last option. If we turned this down the company was just going to go ahead with hiring replacements."
It is going to be a long road to recovery for Citizens Area Transit. Ridership declined sharply during the strike. The union and company acknowledge it will take time for the ill will that grew during the months of fruitless negotiations and strike to subside. "Several union members said the strike opened rifts within the union that will remain for some time". There is even talk to challenge the ratification vote.
The strike is over, but it appears the war is not. Bus operators in one of the most difficult transit systems around are still underpaid and divided as a group. The company will most likely continue to take advantage of this and the large turnover will likely continue. The passengers will suffer because morale will continue to be low. The union will likely flounder because of so many self interests.
The point: Don’t make promises you can’t keep. Don’t negotiate yourself into a corner. Represent your members, communicate with your members. If you must fight, have a calculated campaign strategy that will persuade the company to settle.
Remember:
"We are only as strong as the brothers and sisters we are walking and holding hands with."
(Information for this article came from the ATU NW Conference, and newspaper articles from the Las Vegas Sun and Las Vegas Review found at ATU.org.)
NEW LOCAL OFFICERS ELECTED
At the September regular monthly meeting David Fitzgerald was nominated and elected the Local Sec/Tres by acclamation. Bob Lanucha was nominated and elected Local Vice President by acclamation. Congratulation to both David and Bob. For the position of Operator Representative on the Executive Board Leroy Kelly, Jeanna Lanucha and Ray Reed were nominated. There will be a ballot election at our October 8th regular monthly meeting for these three. Our Local Bylaws state that our officer elections are by a plurality vote. Best of luck to Leroy, Jeanna and Ray.
The Union
ATU Local 19
P.O. Box 2683
Colorado Springs, CO 80901
Forwarding Address Requested