The Union

The Latest Word

As you know the company has decided to unilaterally impose their “Last, Best and Final” offer.  Their doing so in no way implies our agreement with this action.  The company is using Labor Law to do this because they contend that they are not bound by federal regulations Section 13-C.  We contend that they are.  Our attorneys have advised us that the only way this could be stopped is by an injunction.  We would have to show that irrevocable harm would be done in order to get the injunction.

We are still pursuing the suit to enforce the interest arbitration section of the Section 13-C agreement.  We will pursue all issues in arbitration after the suit is settled in our favor including retroactive pay.

The company’s action in no way constitutes an agreement or contract with the Union.

We have been told that no one currently here will have their probation extended, be forced to enter the 401K/457 pension plan, and that all no-shows will be reduced by one occurrence.

Any other non-negotiated issues will be as the company states until arbitration.

Interview with Patrick Malone

by John Tucker

1.  Please tell us about your present family.

"I am presently married almost 19 years, to my wife Kathy.  We have no children unless you include a spoiled dog named Suzi.  I do have a daughter that lives in Wisconsin, Amanda, who is 22."

 2.  Share about family outings.  What do you like to do together?

"As for time spent together, we like to go camping, usually close by.  We especially like to go to Eleven Mile when our church group does a weekend.  We also like to take short trips to the mountains when we get a chance.  We also like to spend time home together when our schedules permit.  We enjoy watching movies."

 3.  What are your hobbies and/or personal interests?

"I enjoy woodworking projects. I build picnic tables on the side and usually do about two a month. I also like to do yard work, gardening and taking care of the roses, and I take care of the yard at church."

 4. What are you favorite foods, drinks, and restaurants?

"My favorite food is Chinese, Japanese, and good old fashion steak on a grill. I also love bratwurst that I bring back from Wisconsin. I love iced tea and Pepsi. I do not drink alcohol, but an iced cold root beer does taste good. My favorite restaurants are Musashi's, Outback, and Texas Roadhouse."

 5. Do you have a favorite singing or dance groups?

"My favorite singers or group would have to be the Bill Gather Vocal Group, a Christian group."

 6. Where have you traveled? Where would you travel if you were given the opportunity?

"As a former over the road truck driver, I have traveled most of the United States. I have also been to Hawaii, years ago, and Canada. If and when I can afford it again, my wife and I would like to go on a cruise, somewhere."

7. Share a funny story that happened while you were on the job.

"Can’t think of any funny stories off the top of my head."

Dear Larry T.,

by Chris W. Stark

A self-effacing yarn is told about a mythical 17th century village in Chelm, Poland. The people of Chelm, while always trying to act correctly within the exacting framework of their law, are still not the swiftest on the uptake. Two men come before the town's Judge for him to sit in judgment over a business dispute. The elderly Judge listens to the argument of the first litigant and without hesitation pronounces, "You're right!" The second man protests that the Judge has decided the case without even hearing his side of the story, which he then puts forth in the clearest possible terms. After hearing the second man's rebuttal the Judge proclaims, "You're also right!" The janitor who cleans and maintains the court, overhears the proceedings and exclaims "But your honor! They can't both be right!" To this, the erudite leader intones "You're right, too!"

As a hopelessly addicted reader of opinion and editorial pieces, I can easily see a comical element of reality in the plight of the Judge of Chelm. While friends & co-workers have observed that my opinions are slightly to the right of Attila the Hun, I possibly unduly flatter myself that I do make an honest effort to read and understand arguments from both ends of the political spectrum at Springs Transit.

Even so, Larry, I have made an honest effort to understand your positions and to simply understand you. I must admit, it cannot be an easy job to make the City happy, PTM happy, and your employees happy all at the same time. In fact it is a logistical impossibility.

But, as the Judge of Chelm, you persist in trying make all happy under one umbrella of glorious bliss. Let's call the RTA that "umbrella" you wish to bring us under.

Where things become really confused for someone like me without a law degree is when intricate polemics and doctrines of the RTA are tossed about by eloquent people with law degrees. Manipulative speech can be used to convince some people of anything. Play some rousing portions from Wagner's "Flight of the Valkyrie" in the background and watch me roil with my feelings of frustration and betrayal as I take you up on your open door policy of communication. Bear in mind that any feelings of frustration may appear to come out disrespectfully, but that is certainly not my intent. I am just plain frustrated, Larry.

Larry, it goes without even mentioning the numerous promises and hopes that you made regarding the passage of the RTA. This is not to mention the numerous witnesses who heard such. It would be an insult to everyone involved to mention such issues in detail as though it was somehow needed for proof.

Feelings of betrayal abound with Union and non-Union employees alike.

Enter the last debacle of the RTA saga., My and how the timing was so precise, so dramatically on target! May I explain:

The ATU 19 membership rejected your last, best and final contractual offer on a vote of 77-1. We then voted for our contract to be finalized by an interest arbitrator. That vote was 74-0.

We then receive word that the City will not honor our 13C clause for Interest Arbitration, even though this has been a long-standing agreement since about 1980 (give or take a couple of years). The Union then moves forward and files a lawsuit against PTM and the City of Colorado Springs for not honoring what they are legally bound to in the first place, which is our right to finalize a contract through Interest Arbitration.

Then, the ace of spades is played in this card game. As you stated to our local Union President (this is not an exact quote), "I cannot make any promises, but I might be able to stop the RTA board from sending the additional service hours out for bid to a private contractor (RTP - Request to Purchase) if the Union could just come to a contractual agreement with management!"

Larry, the timing tells a story here. And I assure you, the timing is not merely coincidental.

So there you have it. We worked hard for the passage of the RTA for the good of the City of Colorado Springs and because we believed it would help better our lives as well.

Silly for us to think selfishly about our families and their well being!

Guess I will have to shelf that notion I had about making ends meet.

Wow! We thought perhaps we "might" be looking at a competitive wage that was "almost" as close as Denver's RTD! Silly for us to feel that way! Never mind the $2.50 an hour raise to the non-Union trainees which was done, breaching our contract! That was different, right?

(Are you still playing Wagner's "Flight of the Valkyrie" in the background? Hit that replay button!)

Larry, I still know the cost of living is no different in Denver than in Colorado Springs. I almost moved to Denver in 2003 while I worked for RTD so I researched the issue in detail, and even now the cost of living is almost identical for 2005. There is some really flawed data regarding the cost of living in Denver that states it costs more to live there.

At the very least we expected to keep our existing pension intact. Simply keep what we already have! Oh, but not so!

And the list continues of benefits and such that Springs Transit wants to take away from us that were negotiated from previous years gone by.

Wait a minute! We are losing ground after the RTA was passed?? INCREDIBLE!!

Oh, and to privatize our bus system in the same fashion as Denver! Now I am REALLY sick to my stomach! Larry! I worked for First Transit in Denver as a private contractor which eventually unionized. Before unionizing, working conditions were deplorable, wages and benefits were worse than when Springs Mobility was non-Union. And I could expect for my bus to break down somewhere in the Denver metro about twice a week! The non-Union drivers of First Transit started at $11.50 an hour and worked up to $15.00 an hour after 8 years! Medical for my family of 6 cost almost $600.00 a month via payroll deduction! There was NO sick leave, 6 paid holidays, and the list goes on! Is this also your idea of how you want drivers to be paid?? Is it a wonder we Unionized First Transit in Denver? Will the employees be the most valuable asset with the private contractor? I dare think not!

How about the numerous drivers that would come to work for First Transit that had been FIRED by RTD? Yes, the best is yet to come! Shoddy wages, benefits and working conditions really attract the cream of the crop! Safety, Service and Schedule is numero uno? Hey, I started as seniority level no. 421, and in one year, I had moved up almost 100 drivers in a year that people were holding on to their jobs! Do the math. Will that be a savings for the City of Colorado Springs? How about the higher number of accidents (including fatalities) with non-Union contractors than RTD Union drivers? Can you spell litigation and lawsuit? Can you spell mucho money?

Boy, do the commuters of Colorado Springs have a treat in store, for privatization does NOT work! Just drive 90 miles north to see for yourself! Never mind that safety should come first and the customer

(passenger) a close second! Money saved? Forget it! The old saying still prevails, "You get what you pay for". Anytime a private contractor has to low-bid to get the work, something suffers for lack of funding. And that is usually wages, benefits and needed bus repairs.

But the RTA is for the betterment of the citizens of Colorado Springs?? Safety, Service and Schedule is included in this??

Then the big whammy! The reason the extended service is going out to bid is to see if money can be saved?? Wait!! What about all of the money already spent at Springs Transit training new drivers, mechanics and so forth? Was all of that in vain? Do we just throw all of that money down the drain??

So it is concluded that suggesting to the RTA board that money could be saved by privatizing the additional service hours was ill advised!

Larry, I have come to a place that I am tired of telling my passengers when the new service will start! First it was middle of July 2005. Then Middle of August 2005, then end of August 2005. Now, November 2005? HELP!! I feel like doing a Sergeant Schultz imitation from the TV show Hogan's Heroes! "I know nothink! I see nothink!" And yes Larry, apple strudel is my favorite!

Larry, the story about the Judge of Chelm was not a politician trying to please everyone to retain his incumbency. The poor fellow, thrust into the unenviable position of playing King Solomon, was simply inundated with too many apparent truths argued too articulately.

However, since you are General Manager, there is one truth that should always win ANY debate hands-down in your books. It is found on the employee website: "I believe that the most valuable asset at Springs Transit is the employees."

Larry, the morale of "...the most valuable asset..." is at an all time low.

That is not good for safety, customer service or schedule.

What is the solution? Choose one. They are all right.

Sincerely,

Chris W. Stark

Proud Member of

ATU Local 19

Take responsibility for your safety and well being Your employer won’t

by Jeanna Lanucha

In our society we are constantly fed new ideas and concepts. In order for us to accept them, they are sold to us as being in our best interest or for our protection. We allow these people, who have no vested interest in our personal lives to control much of it. Sometimes we feel we have no choice and we accept and settle for it. With little thought to long term consequences I have to share something with you. It came as a complete surprise to me. Executive Board Members recently attended a Workers Comp. class. At the onset I felt I had a good understanding of what it was and how it worked. I thought it was established to protect workers injured on the job .I think I would have been happy to accept that concept nearly a century ago when it was implemented. It was 1911 and is known as the “Great trade off.” The employers lobbied the legislators for implementation of this law. Through this legislation, the employer agreed to provide medical and wage benefits if a worker was injured on the job. For all of this, the employee has lost the right to sue the employer. Workers Compensation is the exclusive remedy for the injured worker. It protects the employer and excuses him from all liability to the employee.

Wow, this explains so much for me! I have fought for years to create a safer work place for us all. It has seemed to me that Springs Transit takes little responsibility for situations that it solely controls. From driver compartment work area to locations of bad and risky bus stops. It is no wonder that it took over a decade to lower fareboxes. We are constantly exposed to dangers at our work place. The concern only slightly rises when someone is hurt. Then the concern, like the memory of a bad event, soon fades. For years I have been asking why the company doesn’t correct this. I guess I should have asked why not? There is no liability for the employer, what has he got to lose? Protect yourself; don’t put yourself in an unsafe situation. You should know your rights and exercise them, don’t struggle with faulty equipment. Write it up, if the problem isn’t fixed and could cause injury, deadline the bust. It is the employer’s responsibility to correct it. We are constantly put in situations that compromise our health and welfare. If we continue to accept this as part and parcel of our job, it will never improve. The employer is fine with conflicting policy that compromises us. Don’t lift that stroller into the bus; policy says it should be folded right? We have tight schedules, no time for drinks or breaks, constant stress. Put responsibility on the employer where it belongs. In 1911 the employer was excused from liability to workers. I don’t think that 66 % of our wages is a fair trade for injuries sustained due to employer negligence. Responsibility for work conditions belong to the employer. Sometimes we need to remind him.    

GETTING UP TO SPEED AND MOVING ON…….

By Rich Moehring, Shop Steward, Springs Mobility

Well, it’s been a real interesting year or so since Pat Gordon got in touch with Dan Francis and we had our first meeting at the ATU 19’s picnic on June 6, 2004, in Bear Creek Park.

We started negotiating on Sept. 22, 2004, and finished May 17,2005.  We ratified our contract on May 22, 2005, with only two “no” votes!  That was a pretty resounding victory.

Our negotiations were filled with delays and canceled dates. MV fired two of its head negotiators along the way, and tried to block our progress at every turn.  We finished our last few sessions under mediation at our request.

We feel we have a sound one-year contract, which includes a pay increase, some health insurance concessions from the company, and a good starting point for negotiating our next contract.   But most importantly, what we got is a Union that will stand up for its members.  Several employees have already experienced the strength of our Union. They were subject to dismissal and are still working.  So, a word of thanks to Bob and Dan for their help in mentoring us Stewards through these first few situations.

Bob and I filed a grievance relating to our Safety meeting requirement.  The contract calls for 12 safety meetings per year, and states that it is acceptable to miss 4 of those meetings. MV said that any meetings missed would have to be made up. In effect, 12 out of 12 were required. In response to the grievance, Donna Harper, General Manager for MV, replied that the contract as written would stand with 4 missed meetings allowed. As your stewards, we are staying alert as things happen so that the terms of our contract are met.

I think our Members feel that they have a voice now, and are starting to read and understand our contract. This is very encouraging to us as Shop Stewards.  Since we are new in this capacity, we need all eyes and ears to be watching and listening to help us retain our hard-won agreements. Get in the habit of writing things down when you think something is not as it should be and ask one of us.  Remember… IT’S OUR UNION.  So be informed, attend the monthly Union meetings, and you might even win the cash drawing. That’s money in your pocket if you name is drawn.  Last month a Springs Mobility driver’s name was drawn, and he wasn’t there to collect $120.00. Ouch! 

We will be having a lot of new members join our ranks, so it is important for all of us to help them understand what the Union is doing, and how it benefits them. Also, let them know that we all must work to the letter of the MV Rule Book. Use your tie downs properly. STOP for stop signs. Watch the speed limits - no matter how tight your schedule is you can’t fix it by taking chances. Remember you are being watched.  Drive as if your job is on the line, because it may well be!

Many Springs Mobility members signed up to pay voluntary dues to help replenish Local 19’s treasury for the expenses incurred to help us organize. Since we all share the same treasury, this is very much appreciated by Transit’s members, as they are undergoing a difficult arbitration process at this time, and it is quite a financial burden to the treasury. Thank you to all of you who are volunteering your dues at this time.  It is not too late to sign up for voluntary dues if you neglected to do so earlier, but meant to!

The State of Your Pension

By Dan Francis, ATU 19 Union Trustee

    Our defined benefit pension plan has been the focus of numerous discussions, negotiations and mediations between the company and union, as well as a main topic of concern amongst all participants, union and non-union alike, in recent months at Springs Transit.  This issue is currently the pivotal point in our labor agreement 13c interest arbitration process. 

    On July 26^th the trustees met with our investment consultant, Jeff Jensen from Smith and Barney as well as our actuaries from Leggette to discuss the condition of our pension plan as well as our future benefits prospects.  In addition, the union brought in Ellen Kelman, formerly the pension plan attorney, as an ERISA defined benefit pension plan expert to question the actuaries and advise the trustees.

    It was a very informative meeting and gave support to the union’s position to work hard to preserve and properly fund our current plan for the benefit of the plan participants, both current and future.

     On the investment side, we received great news from Smith and Barney.  In spite of the moderately conservative risk in our investment policy statement, we earned around 12% per year for the past 2 years.   If that had been the case for the past 20 years we would now be discussing how much of a benefit increase the fund could support.  Unfortunately, for a number of years we have had dry earnings and high plan expenses; that coupled with compounded liabilities, have caused our current crisis.    

     The actuaries from Leggette brought forward the bad news that our funding level has spiraled downward over the last ten years to the current 65%.  Our current assets are approximately $5,000,000 and our current benefit liabilities are $7,500,000.  This is a seriously under-funded level.

     Two main factors have caused this problem; the average participant age has increased to 49.65 with an average of 10 years of service, and the current and projected low interest rates cause the liability to rise.

      The only answer is to bolster the funding level through contributions and interest.  This needs to be done with an approximate $2,000,000 funding infusion and our investments need to continue to do well.   Leggette was optimistic the city will pick up the $2,000,000 but no one took out their check books.  Obviously, this will be an issue the company and union will need to work out.

      The trustees were told that the company proposal for the 401k/457 defined contribution plan WILL NOT FIX our problem with our current defined benefit plan.  What the company proposal does is ensure the eventual death of pension plan.  While freezing the plan should have no immediate impact for the first 10 years, the long term future would become uncertain as assets diminish and the ability a larger plan has to absorb risk and fluctuations in the market.  Additionally, the company proposal makes the prospect for any future benefit increase poor at best.

      Our union is committed to go the distance to keep and properly fund our historic plan.   What is most disheartening is to watch the “Westwingers,” who for many years, wholeheartedly supported our plan and the guaranteed benefits it provides, now try to make part of their legacy; the destruction of financial security for the employees they say is their most valuable asset.  This is not rocket science.  Their proposal has the “possibility” for a better payoff if you happen to be 40 years or younger.  “Possibility” is the operative word – that is if you can invest like an expert, take proper risk at the proper time, balance your asset allocation and then hopefully the market does not crash the day before you retire.  But our average age is over 49 – so on average there is not the possibility of a better payoff.  I have averaged the ages of some of the new operator classes and it was around 46, so the word to the new employees is that on average there is not the possibility to do has well with the 401K/457 as with the plan currently in place.  Welcome to Springs Transit, or whoever the new name and logo identifies us to be.

EXTREME Temperatures

by Carolyn Chapman ATU Local 19 Safety Steward

I don’t care how many layers of clothes you wear you can’t protect yourself for extreme temperatures. I suffered for 6 weeks. Now it’s July and hitting 100 degree temps and there are drivers who are fighting the extreme heat in buses with no air conditioning. This is not something that is new to our drivers. We have been fighting the extreme weather for years.

In the winter, management staff works in heated offices and in summer there offices are cooled by air conditioning. While, our drivers work on the front lines with the public. They are working in conditions that is hazardous to there health and hazardous to the public as well.

While a driver is subjected   extreme temperatures there reaction time and concentration is, effected in an adverse way. When fighting the extreme heat or cold, concentrating on driving a bus, dealing with passengers, answering the radio, dealing with schedule pressures when trying get to the terminal on time is a dangerous combination. I have worked many summer shifts with a raging migraine head ache brought on by the extreme heat while driving a bus with no air conditioning. Last winter I caught a cold every month due to the extreme cold temperatures, and driving without a working heater. I ended up with a severe case of bronchitis.

All jobs come with a level of discomfort; I understand the need to face the challenges presented by the job I chose. On the other hand, I expect to work in a safe environment. And since technology is present today to prevent heat stroke or illness’ related to extreme high or low temperatures, it should be considered a priority of our management team to keep up the current air conditioners and heaters in addition to purchase the necessary equipment to bring all busses up to standard.

If they do not feel the temperature is a priority for the people out there safeguarding our customers as they travel, then it must be a good business decision to eliminate air conditioning and heating in all of our business offices, terminals and other supportive services. 

I was asked by one of our management leaders after complaining “What did you do 20 years ago”. Duh I suffered. Lots of things have changed in 20 years; however the need for the company to lower my expectations for a safe work environment has not.

 

Things are getting hot around Springs Transit. I was going to write an article welcoming all the new driver and trainees. But in light of the resent layoffs it may be coming clear to a lot of new employees that they hired on in unsettled times. I do want to welcome all the new driver’s blue and white shirts alike. We all here at ATU Local 19 wish you all the best and hope you are here for the long term.

I want to address the issue of extreme temperatures the drivers have to endure on a lot of our coaches. Not just the heat but the freezing temperatures in winter whenever the heaters don’t work. I spent 6 weeks in an electric bus last winter with no heat at all. I complained daily but no one listened to my concerns. Each day I was given a bus with no heat and there were days when the low was 5 degrees and the high was 12 degrees. After six weeks of wearing two pairs of socks and long johns and gloves two coats, ski pant over my uniform, exc. On my route and on all our routes we haul a lot of homeless most of whom are sick with contagious colds, they cough and sneeze and spread there germs. When you are subjected to a constant work environment of freezing temperature and being exposed to air born germs from the public, your resistance to fight these germs is hindered. I finally got my point across in an e-mail to management.

ATU Halts Attacks on Section 13(c) Transit Labor Rights

Notwithstanding intense pressure from the Republican-controlled Senate, a transit-labor coalition including the ATU and the AFL-CIO’s Transportation Trades Department thwarted efforts to undermine transit workers’ collective bargaining rights and job rights afforded through Section 13(c) of the Federal Transit Act.

Key to this effort was a strong bi-partisan alliance in the House of Representatives led by House Transportation Committee Chairman Don Young (R-AK) and Ranking Member James Oberstar (D-MN). Throughout the bill’s consideration, Senate Banking Committee Ranking Member Paul Sarbanes (D-MD) and Senator Jack Reed (D-RI), the Ranking Member of the Housing and Transportation Subcommittee, worked together to fight off the anti-labor language sought by Senator Wayne Allard (R-CO).

As a result of this effort, the House rejected the Senate’s misguided proposals to reduce the protective period for dismissed and displaced transit employees from six years to four years and limit the rights of transit and commuter rail employees to follow their work when there is a change in private contractor. In the end, the Senate conceded to language which amounts to current practice. In addition, other provisions that would have expanded the contracting out of ATU jobs were rejected.

Workers Compensation

What you don’t know can hurt you.

by Greg Green Secretary - Treasurer

            I had the opportunity to attend a seminar on Workers Compensation at Local 1001’s union hall in Denver.  It was presented by the law firm of Brauer, Buescher, Goldhammer, Kelman & Dodge.  They are Labor Law attorneys and they only represent union members.  They are also the firm that is handling the Arbitration and the Arbitration lawsuit.  Some of the highlights of the meeting that I consider most important are these.  You must report within four days to the employer that you were injured.  However, that does not mean they report it to the Division of Workers Compensation.  You can report an injury yourself and you should do so.  There is a time limit on reporting a claim to the Division of Workers Compensation and if you miss it you could lose your right to compensation.  Believe it or not the employer doesn’t have your best interests at heart.  They have to pay the premiums on the insurance policy.

            Workers Compensation was a much needed and noble idea but the employer lobbyist got their hands into the mix and changed things to favor the employer.  If you are injured on the job, no matter whose fault, you should call (303) 333-7751.  Tell them you are a member of ATU Local 19 and have a Workers Compensation question and they will talk to and advise you for free.  They really care about you not just the big bucks.  They work on a contingency fee basis so call them it cost you nothing.

FINDING SOMETHING POSITIVE

   Relieved from behind the wheel, drug/alcohol testing.  I spoke my gratitude to the supervisor. 

   It was a beautiful day; light rain fell upon the earth all day long.

   While waiting for the previous operator to retrieve his pack, I wondered aloud, “I wonder how those bubbles in the water are formed?”  Supervisor suggested, maybe the gasses from the blacktop.

   Back behind the wheel, I wondered again at El Paso and Paseo while waiting for the light to turn green.

   I watched the bubbles form in front of me, drops of water fell from the leaves in a big tree, a big puddle caught the drop, an air pocket formed as drop entered the puddle, up came the bubble.  It would gently float until a rain drop would bust it.

   Rain always clears my soul of negative influences and I could focus on positive once again.

   A call over the radio, operator’s wheelchair lift would not lift the load.  Another operator offered assistance and was met with success by taking the wheelchair on her bus.  The passenger had to ride an extra trip but was able to get to their destination.  Great Job Linda Anderson!

   A big Thank You to Bob Lanucha for all your time and efforts as ATU Local 19 President.  We will miss your involvement.

UNSETTLING DAYS AT SPRINGS TRANSIT

By Dan Francis, ATU 19 VP

     These are indeed difficult and unsettling days at Springs Transit.   The seeds we are now reaping were planted decades ago.  We are facing privatization, loss of jobs, and our labor agreement in dispute headed towards arbitration, a lawsuit by the union against the company to compel them to arbitration and primarily because of troubles with our defined benefit pension plan.  The union wants to retain this huge benefit for all current and future employees, the city through the company wants to limit future liability by shifting to an age discriminatory 401K/457 plan.  Make no mistake; this issue of unfunded liability is not unique to Springs Transit.  It is a nationwide crisis brought by poor investment, an aging workforce and low interest rates.  But it could have been avoided.  Up until 2000 we had our pension money in a single Hartford insurance contract account.  A low percentage of interest was guaranteed, but the fund was not earning the returns the market could have brought us had the trustees then invested in a balanced asset allocation fund, as we do today.  We missed the huge payoffs from the ‘90s – in what one ERISA attorney has called almost criminal.  While finger pointing does little good – the fact is we are now all facing the consequences of a short sighted investment strategy, while also confronted with a growing liability as many get close to retirement.

    Equally unsettling is the morale of the workers.  Many are new and inexperienced, which, while we all have been there, and is a product of growth, statistically produces more frequent and severe accidents.  Those on probation risk losing their jobs at the whim of management.  Others realize that they may be laid off.  They fear the transition they made to possibly better themselves and wanting to be part of what was once a stable organization, could leave them stranded.  The senior members are frustrated as they find themselves fighting for the benefits that we have worked hard to attain. 

    While we have all observed the recklessness of “road rage”, what we have is a smoldering pot.  We have a relatively new workforce that is insecure in their jobs and wondering if they will be given the next pink slip, and a steaming senior group wondering why management isn’t leading the way by turning their defined benefit plan accounts into a 401K if it is so good, and why we are the ones fighting for our benefits as well as theirs, when they got their raises and we have not.  Yes we are professionals, yes, we are also human and emotions play a role in transit safety.

    While this mess could have been avoided, it can also be fixed.  The question will be whether or not the city realizes that the workers are the most valuable asset to transit.  We missed some investment opportunities in the past.   Let’s hope the leadership can convince those who make the important decisions, which we need to make the correct investment for the workers for the future.

Only to Hassle…………

By Greg Green Secretary – Treasurer

PTM says they do not have to go to arbitration.  I ask Why Not?  Their employer, The City of Colorado Springs, in order to receive federal funds signed the “Agreement Pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964, as Amended” on March 23, 1981.  The then management company, Colorado Transit Management, and the Union President also signed the agreement.  Article 19 states and I quote,

“This agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by reason of the arrangements made by or for the recipient to manage and operate the system.

Any such person, enterprise, body, or agency, whether publicly or privately owned, which shall undertake the management or operation of the system, shall agree to be bound by the terms of this agreement and accept the responsibility for full performance of these conditions.”  )The term recipient is defined as the management company.)  Seems pretty straight forward to me so why are we suing for arbitration???????

The City says they will have to put two million dollars in our pension fund over the next five years so they want out of the liability for the fund.  I say OK then just change the contract with PTM so the revenues (around two million a year) from the operation of Springs Transit are used for funding the pension plan, raises and benefits, and new equipment (i.e.: buses, mirrors (the good ones), seats (also the good ones), heat and air conditioning, etc.)  Under the current contract, Article 11, “All operation revenues are, shall be, and remain the absolute property of the City.…………………..The term “operating revenues” shall mean and include all revenues of whatever type derived from the operation of Springs Transit, including but not limited to all passenger fares, transportation contracts, advertising fees, and proceeds from outside sales and maintenance.  The resident management team shall deposit operating revenues in a separate and special account for the City, in a bank or banks designated by the City.”  Those funds would be non-allocated funds so why not use them to remove the liability???????

.............Or Legitimate Issues?

You be the judge.

Opinions expressed are not necessarily those of the management or editorial staff of the Union Voice.