The Union

Contract Negotiations Update

By: Bob Lanucha, President

I sure wish I had more to tell the membership at this point. The truth is, at the time of the writing of this article, not much progress has been made in negotiations. In my best efforts to keep you all informed I will let you know what has happened thus far.

We met for the first time on December 4^th. Actually, that meeting almost got canceled because there were not enough personnel to cover the Executive Board’s runs. We had to reach out to all of you to sign up for overtime in order to fill those runs. The runs got covered and we met. Unfortunately, we only met for a half day because of the schedules of Tom Hock (PTM) and Javier Perez (ATU). We just had enough time to go through all of our initial proposals for both sides.

We had a hard time getting back together due to the personnel shortage over the holiday season. We were scheduled to meet on January 4^th and 7^th without Tom and Javier. Their schedules would not allow them to get back to town until February so we met with just the Executive Board and the companies management staff. The meeting that took place on the 4^th was productive in that we exchanged a lot of dialogue about the issues. It was not hostile in any way and in fact, it was quite pleasant. The problem was that there were not many issues of substance we could agree on. In the beginning stages, we are addressing contract language that needs to be changed. Economic issues typically come last. There were a few things that were agreed to and we signed tentative agreements on those issues.

The meeting that was scheduled on the 7^th was canceled because they could not get enough operators to cover the Executive Board’s runs.

Where does that leave us now? We are currently scheduled to meet on February 14th and 15^th. I have asked Larry to try to arrange dates prior to that and I have not heard anything as of yet. From the beginning, we have also offered to negotiate on Saturdays. That offer has not been accepted by the company thus far.

We will continue to do our best to negotiate for the best interests of the membership. We will keep you informed as best as we can along the way. We ask for your patience and understanding through this process. We also ask for strength through your support and dedication to this Union.

New Union Logo and Watches

By: Bob Lanucha, President

We have designed a new union logo. In essence, it is the same as the one we had designed to celebrate our 110th Anniversary. We have changed the date on the bottom so that it will be timeless. We also made minor changes to the color scheme. Janice Miller is doing the embroidery. We have a large size for $50 and a small size for $25. I have had jackets made for Jeanna and I and I have to say that they look great. You can purchase any of your own clothing items such as hats, coats, shirts, etc. and then have the Union logo embroidered by Janice. We think it’s a great way to show your pride in our Local Union.

 We also have watches for sale that have our logo on the face of the watch. The primary reason we got these watches was to give them to our retirees. Some members have expressed interest in buying their own so we are making them available for our cost, which is $40. We have men’s and women’s styles available. You can give a check, made payable to ATU 19, to any member of the Executive board if you are interested. Please specify men’s or women’s. You can also view pictures of the coat and watches on our website at www.atu19.org.

ATU Grievance Seminar

By David Fitzgerald

            The international put on a grievance seminar in Denver for locals in this area. Local 19 was represented by Robert Walton, T. J. Lancaster, John Mitchell, Robert Miller, Robert Burns, Pam Hagan, Mark Renvoize and myself, The instructor was David Alexander who was an excellent instructor. Those attending learned the proper process for filing a grievance and the step leading up to filing, of those attending John Mitchell and myself were the only ones from our local who have attended one previously. The seminar was geared toward those who have had no experience but was also useful for those who have. A grievance is the process used to dispute a violation of the labor agreement. Originally strikes were the only way to resolve disputes of the contract. A grievance allows for a settlement between the Union and Managing parties. In the event it progresses to arbitration the settlement is left in the hands of a third party. Once a grievance is filed it belongs to the union and not the individual. No grievant has the right to settle with the company any issue that violates the contract. In cases of discipline, the burden of proof lies with the company and not the Union. In the case of a grievance, the burden of proof lies on the Union. An area that has not been explained often involves misconduct off duty. No union member has the right to demean the position of a company official while off duty. In the event this happens and the authority of a company official is weakened the offending employee is subject to discipline.

ATU#19 ANNOUNCES

NEW MAINTENANCE/SHOP STEWARD REPRESENTATIVE

By Richard Horton

Colorado Springs–At the recent election of new officers for union representatives, ATU#19 takes pride in announcing Richard Horton was elected to the office of Maintenance Representative/Shop Steward for Local ATU#19.  Richard succeeds Tom Andrew as maintenance representative/shop steward.

I look forward to representing employees of ATU#19 and talking with the employees I will represent. I believe working with officials of the Union, as well as communicating the needs and concerns to the union on behalf of these employees will create a positive future for all concerned. Should you have issues or concerns, I may be contacted at the Maintenance Department Monday through Friday from 7:00 a.m. to 3:30p.m.or you may call me at my home at 719-527-9720 or email me at:   hortonrm@peoplepc.com.

The Journey with Springs Mobility

By Dan Francis, ATU 19 Vice President

    We consistently have heard during our recent contract negotiation meetings from MV Transportation, the contractor operating Springs Mobility, “but this isn’t fixed route”, meaning how they do things at Springs Transit.  While there are some legitimate differences in the logistic, operational and scheduling methods, it also means, the workers that are tasked with transporting the disabled community in Colorado Springs are not offered the same level of respect, security and wage and benefit compensation as those that operate the transit coaches for the general public.  Some of the reason is that indeed the jobs are different; some is that the city awarded the contract to the low bidder, and certainly prior to a number of months ago the union was not involved with this group. 

    Such are the principles that we are dealing with in our journey to organize and get the best labor agreement we can for this group of dedicated brothers and sisters that diligently serve Springs Mobility. Another reality is this is a first contract.  In other words we are building this labor agreement from the ground up; well kind of.  While this is our first labor agreement with Springs Mobility, it certainly is not the first ATU contract with MV Transportation.  We have been afforded recent contracts from Lawrence, KS, Portland, OR and Seattle, WA to use as templates of what is being agreed upon in the Para-transit industry around the country.  We also have Javier Perez, ATU IVP that has been assigned from the ATU International to assist in our negotiation, who has worked in the past with Dave Smith, MV Transportation HR VP.        

     We have currently over 28 TA’s (temporary agreements) that deal with the major areas that labor agreements typically address and have MV’s initial economic offer.  While we are not yet where we need to be, to make an offer we can endorse to our members, a lot of progress has been made.  In addition to the issues we are bargaining, we have dealt with illegal wage and hour practices for hourly employees, unreasonable working conditions, and changes in scheduling and pay.  For the most part MV has been sensitive and made the corrections requested, but it is amazing we need to bring to their attention some pretty destructive management practices from a company that is supposed to value their employees and considers its team as family.

    While we all have expectations for the end result of these efforts, in truth, this is about the journey.  A Labor/Management relation is about the daily effort of employees giving an honest days work for and honest days pay.  It is about mutual respect. 

    Organizing a new group and obtaining a first contract is difficult work.  Fortunately the local leadership and membership as well as the ATU International have been up to the task, realizing that the more in the industry that are organized the stronger position we all have at the bargaining table.  You can be sure that while these negotiations are between the ATU and MV Transportation, the city and PTM are watching closely, for while these are all separate entities, it signifies the daily struggle we all face as labor working on a daily basis to keep the wages and benefits that have been won in the past and make gains where it is appropriate.

We Want to Hear From You!

By: Bob Lanucha, President

Attention members of ATU 19! We want to hear from you! As the year goes by we sometimes get stuck on ideas for our newsletter. We strive to make them interesting and informative but let’s face it; we’re still just bus drivers. Nobody has ever nominated me for a Pulitzer Prize for my writing skills. I am sure many of you have ideas that float around in your head while you’re driving. Maybe you’ve had a bad experience with management and you want to make sure what happened to you doesn’t happen to anyone else? Maybe you’ve had a positive experience with management and you want to let everyone know how well you were treated? Maybe you want to let people know about a particular hazard to watch out for on a route? Maybe you want to criticize the Union leadership? Hey, whatever it is, let us know. Drop a note in one of the Executive Board’s mailboxes or email us. Don’t forget, we are all accessible at www.atu19.org  Give us your ideas, suggestions, or criticisms.

A Heads Up for Springs Mobility Drivers

Rich Moehring, Negotiator

Read your MV handbook thoroughly.  As of now, you are allowed four (4) incidents in 18 months. There are many infractions that may be considered incidents; such as talking to an Officer at an accident site, using your radio while moving, or even not being in proper uniform could be your downfall. After three strikes the fourth means dismissal.  This could be something as simple as not signing the last page of your handbook.

WE HAVE TO BE AWARE OF THE RULES AND WORK TO THEM.  We have to drive safely, cover our backsides, and do our jobs to the best of our abilities. We still have some wonderful passengers to serve safely, courteously, and on time whenever possible. In short, we must not try heroic measures to cope with the unreal schedules currently being given. Make sure you drive the speed limit, pull over to take a write-in, pull over to talk on your radio. Ignore your cell phones until you are on your own time.  Your paramount concern is the safety of the passengers.  Above all else, never fail to secure a passenger!

MV says they don’t enforce all these rules.  But, who says they can’t or won’t?  If they aren’t going to enforce their rules, why do they even have them?  We have been at the mercy of the whims of management.  Your negotiating team is working for you to make this a tolerable place to work. Now, we need your help, input and support.  Even in the negotiation stages, being part of the union is beneficial to us.  Some of you have already experienced how the union is helping.  However, the full effect of union support will not be seen until our contract is ratified. 

We want to thank Dan Francis, Bob Lanucha, and Greg Green for all of their help in organizing Springs Mobility!

WE ALL NEED TO ATTEND AND BE INVOLVED IN OUR UNION MEETINGS!  SEE YOU THERE!

"A NIGHT TO REMEMBER"

Lori Rea-Sichterman

First of all, I want to thank all of you who were able to attend the union Christmas party!!  Thank you.... to all of you who had so many nice things to say about the food, the presents and all the fun that you had.  It might take some hard work, but it is so worth it to see everyone happy!! 

Secondly, I want to be sure to thank some certain individuals for all the hard work that you volunteered to make this event special!!  Brad Sichterman ...all the running around you did for me, for the shoulder rubs, and all the encouragement. Janice Miller ...sewing all of the beautiful snowflakes and embroidering all of our ATU 19 napkins, thanks for all of your help and ideas to make it a special time!!  Rick Clements ...You are the designated turkey chef!! The spice on that turkey was awesome, and you are a blast to spend time with!  You made my sister and I laugh so hard!! Thanks!  "Flip"... (my son Andy) thanks for your hard work to make it special for everyone.  Pam ...(my sister) I couldn't have done it without her !! Stephanie ..(my niece) the cakes were awesome after she put all the little candies on top, piece by piece by piece (it took her 3 hours!!). My mom and Dad ...who I just grabbed and pulled them into the kitchen, thanks for being there Mom and Dad!  Dan Francis ...thanks for coming early and pitching in and cutting all 5 huge briskets, and cutting 5 huge spiral hams and just blending in with my family and me, it was so much fun, thanks!!  John Tucker ..You are awesome!  Thank you for making it completely special for our kids, grandkids, etc...they had a great time playing the games you had prepared!! (Don't make any plans to be gone during the summer picnic!! he he) John Mitchell ...You are always there to encourage and lend a helping hand, thanks!  David Fitzgerald, thank you for all the kind words!! (he he, there is a pending joke, you can ask him about if you dare!!) Thanks for the beautiful hand made cutting board; it is definitely being used on a daily basis!! Jeanna Lanucha ...thank you for always helping out before and after the parties and making it so special, you are always there to help.  Bob Lanucha ...you are a natural at floor buffing!! (That probably comes from your time in the military, right?!) Thank you for stepping in and taking care of a lot of the important things like giving away the cool gifts, and making things run smoothly. Next time maybe we will have a karaoke machine so you can use the micro-phone!! (You can sing for us too!! he he)

Wow!!  That's a lot of people!! I met a lot of retired drivers, people from Springs Mobility, and my every day friends.  I am looking forward to our summer get together too!  So make sure you don't miss the picnic, it will be just as special!  Our final count for the Christmas party was 125 people!!!  Let’s make it more than that ok?  You just might surprise yourself and have a really good time!!

Last of all, if you are interested in being a part of the entertainment committee please contact me...my cell # 200-4818, email LKRS64@msn.com.  I have a lot of things in mind and I would love to hear ideas from everyone.  Please get involved to keep the "Union" strong.

Yours truly,

Lori 

You’re Not Alone

By Greg Green

            I noticed a driver open a letter from the company the other day.  After reading it they headed toward the offices with a look of angry frustration on their face.  I have had that expression on my face more than once so I know how they felt.  I had to leave for my relief and did not get a chance to talk to them.  They responded exactly like the company wants them to.  They rushed off in the heat of the moment without thinking and without help.  One thing my personal experience has taught me is that if you talk to management alone there is no one to verify what was said in the meeting.  I have learned the hard way that what management says is what is true unless there is a witness to the contrary.  I strongly advise you to wait (you have five days to respond), contact a steward (our names are on the Union bulletin board), then go to the meeting with representation.  I have included one of our greatest legal rights for you to read.  It is your right.  Please use it.

THE WEINGARTEN RULE

An employee's right to representation

WEINGARTEN RIGHTS

An employee may be represented by the union at an investigatory interview with his or her supervisor when the employee reasonably believes that the interview may lead to a disciplinary action.

U.S. Supreme Court ruling: 420 US 251

The right of employees to the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB v. J. Weingarten, Inc. Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as Weingarten Rights.

What is an investigatory interview?

Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct. If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has a right to request union representation. Investigatory interviews usually relate to subjects such as:

Weingarten rules:

Under the Supreme Court's Weingarten decision, when an investigatory interview occurs, the following rules apply:

RULE 1

The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

RULE 2

After the employee makes the request, the employer must choose from among three options. The employer must:

1. Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; or
2. Deny the request and end the interview immediately; or
3. Give the employee a choice of: (1) having the interview without representation or (2) ending the interview.

RULE 3

If the supervisor denies the request for union representation and continues to ask questions, he or she commits an unfair labor practice and the employee has the right to refuse to answer. The supervisor cannot discipline the employee for such a refusal.

Rights of union representatives

Supervisors often assert that the only role of a Union representative at an investigatory interview is to observe the discussion, i.e., to be a silent witness. The Supreme Court, however, clearly acknowledged a union representative's right to assist and counsel workers during the interview. Decided cases establish the following procedures:

1. When the union representative arrives, the supervisor must inform the representative of the subject matter of the interview; i.e., the type of conduct for which discipline is being considered (theft, lateness, drugs, etc.).
2. The union representative must be allowed to take the worker aside for a private pre-interview conference before questioning begins.
3. The union representative must be allowed to speak during the interview. The union representative, however, does not have the right to bargain over the purpose of the interview.
4. The union representative can request that the supervisor clarify a question so the worker can understand what is being asked.
5. After a question is asked, the union representative can give advice on how to answer.
6. When the questioning ends, the union representative can provide information to the supervisor.

It must be emphasized that if the Weingarten rights are complied with, union representatives have no right to tell workers not to answer questions or to give false answers.