D 2 0 0 9 www . atu . org - Amalgamated Transit Union

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Official Journal of the Amalgamated Transit Union
AFL-CIO/CLC
Amalgamated Transit union
international officers
WARREN s. gEORGE
International President
RONALD J. HEINTZMAN
Message du Président International par Warren S. George
Se préparer pour l’hiver
L’automne est arrivé à Washington. Les feuilles tombent. Il y a un peu de froid dans l’air. Le soleil couleur ambre, scintillant et bas dans le
ciel cède la place à de plus en plus d’obscurité chaque soir.
Oscar Owens
L’automne nous rappelle que l’hiver arrive. On ne peut pas l’éviter et il ya des choses que l’on doit faire. La chaudière doit être vérifiée, les
contre-fenêtres fermées, la pelle à neige à la portée de la main, etc. On doit être prêt pour l’hiver même si on ne sait pas jusqu’à quel point le
temps sera rude.
International Vice Presidents
JOSEPH WELCH
On dirait également que nos deux pays partagent en ce moment les mêmes préoccupations. Nos grandes préoccupations communes
d’ordre financier s’estompent et on s’éloigne de la récession, mais on laisse derrière beaucoup de personnes sans emploi. Personne ne connaît
l’étendue du mal que cela va causer aux travailleurs, mais nous devons être prêts à nous protéger contre le pire pendant que nous travaillons
pour améliorer pour la situation.
International Executive Vice President
International Secretary-Treasurer
Syracuse, NY
RODNEY RICHMOND
Je n’ai pas à vous dire que le chômage est en hausse. Vous le voyez partout. Et vous savez qu’il vous affecte. Les revenus fiscaux de l’Etat, des
provinces, et des localités sont en baisse. Un trop grand nombre de nos membres sont contraints d’accepter des réductions réelles de salaires et
d’avantages sociaux et des milliers d’entre eux sont menacés de licenciement.
DONALD T. HANSEN
C’est la raison pour laquelle nous faisons et continuerons à faire, tout ce que nous pouvons pour apporter les changements qui protégeront
nos membres et mèneront à une véritable reprise économique - une reprise qui prend en considération les travailleurs.
New Orleans, LA – rrichmond@atu.org
Tenino, WA – dhansen@atu.org
ROBERT H. BAKER
Lutter pour nos membres
LARRY R. KINNEAR
Aux Etats-Unis nous avons lutté avec succès pour obtenir du Congrès qu’il permette aux transports en commun d’utiliser jusqu’à 10 pour
cent de leurs investissements pour les coûts d’opération en tant que stimulus de la relance – ce sont les liquidités véritables d’argent qui
détermineront si oui ou non un grand nombre de nos membres garderont leur emploi dans les mois à venir.
Washington, DC – bb@atu.org
Ashburn, ON – lkinnear@atu.org
RANDY GRAHAM
Gloucester, ON – rgraham@atu.org
JAVIER M. PEREZ, JR.
Kansas City, MO – jperez@atu.org
RICHARD M. MURPHY
Braintree, MA
BOB M. HYKAWAY
Calgary, AB – bhykaway@atu.org
Nous luttons de toutes nos forces pour une réforme substantielle pour les soins médicaux qui, non seulement permettrait de ne plus avoir
à discuter de l’assurance médicale autour de la table de négociation, mais mettrait fin au scandale des Américains qui vivent sans protection
médicale tout simplement parce qu’ils ne peuvent pas la payer. À ce jour, nous avons fait de réels progrès à la Chambre.
Durant la nouvelle année, nous allons nous battre aussi fermement pour nous assurer que le Congrès adopte un projet de loi pour autoriser
que de nouvelles surfaces soient desservies par les transports en commun pour enfin commencer à avoir aux Etats Unis une véritable mobilité
avec les transports en commun.
Et nous nous battrons pour convaincre le Congrès d’adopter le Employee Free Choice Act - un projet de loi qui équilibrerait les chances
entre salariés et leurs directions quand ils cherchent à s’organiser sur leurs lieux de travail.
–Suite à la page 14
CHARLES COOK
Petaluma, CA – ccook@atu.org
WILLIAM G. McLEAN
Reno, NV – wmclean@atu.org
JANIS M. BORCHARDT
Madison, WI – jborchardt@atu.org
PAUL BOWEN
Canton, MI – pbowen@atu.org
LAWRENCE J. HANLEY
Staten Island, NY – lhanley@atu.org
Kenneth R. Kirk
Lancaster, TX – kkirk@atu.org
GARY RAUEN
Clayton, NC – grauen@atu.org
Marcellus Barnes
Flossmore, IL – mbarnes@atu.org
RAY RIVERA
Lilburn, GA– rrivera@atu.org
International Representatives
YVETTE SALAZAR
Thornton, CO – ysalazar@atu.org
ANTHONY WITHINGTON
Sebastopol, CA – awithington@atu.org
GARY JOHNSON, SR.
Cleveland, OH – gjohnson@atu.org
Canadian Council
ROBIN G. WEST
Canadian Director
61 International Boulevard, Suite 210
Rexdale, ON M9W 6K4
director@atucanada.ca
2
IN TRANSIT
Un Mensaje Del Presidente Internacional por Warren S. GeorgE
PREPARÁNDONOS PARA EL INVIERNO
El Otoño ha llegado a Washington. Las hojas de los árboles caen lentamente. Se siente un poco de frío en el ambiente. El sol, color ámbar,
brillante, reluciente y de baja altura en los cielos, cede a una oscuridad más cerrada cada noche que pasa.
El otoño nos recuerda que el invierno ya se aproxima. Es algo que no puede evadirse, y hay muchos preparativos que tenemos que hacer.
Hay que chequear el sistema de calefacción; hay que cerrar herméticamente las contraventanas; hay que localizar las herramientas de palear
la nieve, etc. Usted tiene que prepararse para el invierno aunque usted no tenga idea que cuán inclemente e inhospitable será el tiempo que
nos espera.
Tal vez estas condiciones son similares para nuestros dos países en estos momentos. Nuestras grandes preocupaciones financieras parecen
estar sobrepasando la reciente recesión económica, pero están dejando detrás a mucha gente desempleada. Nadie tiene idea de cuán grave las
cosas serán para los trabajadores, pero nosotros tenemos que hacer preparativos para protegernos contra el peor de los casos, mientras que
continuamos trabajando para lograr que las cosas mejoren.
No necesito decirles que el desempleo está creciendo. Usted puede verlo por dondequiera. Y usted sabe que eso afecta nuestro propio
sustento de vida. Las gravables bases en las cuales se anclan los impuestos estatales, provinciales y municipales están achicándose cada día más.
Demasiados de nuestros miembros están siendo presionados para que acepten verdaderas reducciones en sus salarios y beneficios, y miles de
ellos están amenazados con despidos temporales y cesantías.
Por eso es que nosotros hemos hecho, y continuamos a hacer, todo lo que esté a nuestro alcance para logar cambios que protejan a nuestros
miembros y que nos lleven a una verdadera recuperación económica – una recuperación que incluya a los trabajadores.
Luchando por Nuestros Miembros
En los Estados Unidos luchamos con éxito logrando que el Congreso le permita a los sistemas de tránsito utilizar para gastos de operación
hasta un 10 por ciento de los fondos del estímulo económico – y eso es una verdadera fuente de efectivo que determinará si nuestros miembros
pueden o no mantener sus propios empleos en los meses que se avecinan.
Estamos luchando por una coherente reforma del cuidado de la salud, lo cual no solamente eliminaría de la mesa de negociaciones la
cuestión del seguro médico, sino también pondría fin al escándalo actual que afecta a ciudadanos que viven sin cobertura alguna del cuidado
de la salud ya que simplemente ellos no tienen los medios para comprar tal protección. En los momentos en que escribo esta columna puedo
reportar que hemos logrado un verdadero progreso en nuestros esfuerzos en la Cámara de Representantes.
En el Nuevo Año también estaremos luchando con el mismo ahínco y determinación para asegurarnos de que el Congreso promulgue un
nuevo proyecto de ley sobre nuevas autorizaciones para el transporte de superficie, lo cual finalmente comenzará a mover a los Estados Unidos
hacia una verdadera movilidad del tránsito.
–Continúa en la página 14
www.atu.org
A MESSAGE FROM THE INTERNATIONAL PRESIDENT
Preparing for Winter
F
all has arrived in Washington. The leaves are falling. There’s a bit of a chill in the air. The amber
sun, shining bright and low in the sky, gives way to ever more darkness each evening.
Fall reminds us that winter is coming. It can’t be avoided, and there are things you have to do.
The furnace has to be checked, the storm windows shut, the snow shovel located, etc. You have to be
prepared for winter even though you don’t know how much harsh weather you’re going to get.
It seems like that’s the way it is for our two countries right now too. Our big financial concerns
are pulling out of the recession, but they’re leaving a lot of jobless people behind. No one knows how
bad it’s going to get for workers, but we have to be prepared to protect ourselves from the worst while
we work to make things better.
I don’t have to tell you that unemployment is rising. You see it everywhere. And you know that it
affects your livelihood. State, provincial, and local tax bases are shrinking. Too many of our members
are being pressured into accepting real reductions in wages and benefits, and thousands are being
threatened with layoffs.
‘No one knows
how bad it’s
going to get
for workers,
That’s why we have done, and will continue to do, everything we can to bring about the changes that
will protect our members and lead to a real economic recovery – a recovery that includes workers.
but we have to
Fighting for Our Members
be prepared’
In the U.S. we fought successfully to get Congress to allow transit systems to use up to 10 percent
of their stimulus money for operating assistance – that’s real cash that will determine whether or not
many of our members keep their jobs in the coming months.
We’re fighting hard for meaningful health care reform which could not only take the whole issue
of medical insurance off the negotiating table, but end the scandal of Americans living without health
care because they simply can’t afford it. A good bill has been passed by the House, and we are waiting
to see what happens in the Senate.
In the New Year we’ll be fighting just as hard to make sure that Congress passes a new surface
transportation authorization bill which will finally begin to move the U.S. toward real transit mobility.
And we’ll be fighting to convince Congress to pass the Employee Free Choice Act – a bill which
would level the playing field for employees with their managements when they seek to organize their
workplaces.
In Canada we’re fighting to improve the wages and working conditions of newly-organized members,
while we work to find effective ways to protect all transit employees from violence.
I believe that all of the above are essential for our members – and workers in general – to emerge
from the winter of recession and thrive in the future.
During this holiday season many people will chase away the gloom and darkness with candles and
brightly colored lights. Similarly, the International will be hard at work with you this winter to light
the way toward a better life for all of us during this, and every season to come.
Happy Holidays!
My wife Janice and I wish you a joyful holiday season, and a wonderful New Year!
www.atu.org
NOVEMBER / DECEMBER 2009
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nov/dec
2009
Vol. 118, No. 6
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Contents
2 International Officers &
General Executive Board
International President’s Message
in French & Spanish
3
International President’s Message
4
Magazine Index
5
International Executive
Vice President’s Message
Private Employer Bargaining Strategies
6
International SecretaryTreasurer’s Message
We’ve Come Too Far to Turn Back
7 Ray Rivera Appointed International
Vice President
7 Organizing Report
8 ATU’s Angel in Queens One of
CNN’s Top 10 ‘Heroes of 2009’
A Message from the
8
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Ray Rivera Appointed
International Vice President
Know Your Rights
The Legal Framework of Collective
Bargaining in Canada
Legal Notice
For Fair Share Fee Payers
10 ATU Drivers File Class Action
Suits against First Group
What the House Health Care
Bill Would Do for You
11 Know Your Rights
The Legal Framework of
Collective Bargaining in Canada
12 Legislative Report
JOBS NEEDED, NOW
13 Canadian Agenda
Toronto Local Blasts Cartoon Blaming
ATU Workers for Fare Hike
OECD Says Traffic Congestion
Strangles Toronto’s Productivity
14 56th International Convention
Announcement
15 Edmonton Local Fetes
50-Year Members, Retirees
16 Local News
19 Arbitration Decision
ATU Local 1700 and Greyhound Lines, Inc.
Cover: Happy Holidays from all of us at the International! 1. Ynez Wells, 2. Mary Shirley, 3. Leo Wetzel, 4. Heather Karp,
5. Kristi Adams, 6. Madonna Gems, 7. Mary Goldsworthy, 8. Nancy Trumbull, 9. Elizabeth Marksberry, 10. Shawn Perry, 11. Tyler Home,
12. Missy Goode, 13. International Executive Vice President Ron Heintzman, 14. Matt Kurkjian, 15. International President Warren S.
George, 16. Beth Petrusic, 17. Clayton Sinyai, 18. Karen Head, 19. Aaron Hilligas, 20. International Secretary-Treasurer Oscar Owens,
21. Liza Giebel, 22. Lauri Straughan, 23. Ann Washenko, 24. Priscilla Lanham, 25. Juanita Virgil, 26. Benetta Mansfield, 27. Jessica Chu,
28. Alexis Cowan, 29. Shelley Thompson, 30. Yvette Evans, 31. Margaret Reza, 32. Stephen George, 33. Gale Hennon. Not pictured are:
Christy Clark, Mark Cowan, Erin Cummins, Tina Evans, Faye Hawkins, David Highnote, Ebony Horad, Charles Lester, Robin McDermott, Allen
Nuccio, Tracy Oliver, John Remark, Jeff Rosenberg, and Dan Sundquist.
20 Legal Notice for Fair Share Fee Payers
22 In Memoriam
23 US: Union Plus Union Safe Ad
Canada: Drivers Wanted for Olympics
24 ATU Activist:
Newark Member Fights for Working Families
4
IN TRANSIT
Subscription: USA and Canada, $5 a year. Single copy: 50 cents. All others: $10 a year. Published bimonthly by the Amalgamated Transit Union, Editor:
Shawn Perry, Designer: Paul A. Fitzgerald. Editorial Office: 5025 Wisconsin Ave., NW, Washington, DC 20016-4139. Tel: 1-202-537-1645. Please send
all requests for address changes to the ATU Registry Dept. ISSN: 0019-3291, USPS: 260-280.
PUBLICATIONS MAIL AGREEMENT NO. 40033361. RETURN UNDELIVERABLE CANADIAN ADDRESSES TO: B&M Mailing Service Limited, 35 Van Kirk Drive,
Unit 15, Brampton, Ontario L7A 1A5, E-MAIL-BMCOMM@PATHCOM.COM
The objects of this International Union shall be to organize Local Unions; to place our occupation upon a higher plane of intelligence, efficiency and skill; to encourage the
formation in Local Unions of sick and funeral benefit funds in order that we may properly care for our sick and bury our dead; to encourage the organization of cooperative
credit unions in the Local Unions; to establish schools of instruction for imparting a practical knowledge of modern and improved methods and systems of transportation and
trade matters generally; to encourage the settlement of all disputes between employees and employers by arbitration; to secure employment and adequate pay for our work,
including vacations with pay and old age pensions; to reduce the hours of labor and by all legal and proper means to elevate our moral, intellectual and social condition. To engage
in such legislative, political, educational, cultural, social, and welfare activities as will further the interests and welfare of the membership of the Organization. To seek the
improvement of social and economic conditions in the United States and Canada and to promote the interests of labor everywhere.
www.atu.org
A MESSAGE FROM THE INTERNATIONAL Executive vice PRESIDENT
Private employer
bargaining strategies
I
f there was a document that told you how much money your employer had – and how much they
would have next year – wouldn’t you want to get it before you went into negotiations? While unions
representing autoworkers, or hotel workers, or long-haul truckers would love to get their hands on
such information, for the ATU it’s usually right out there in the public record.
For those locals negotiating public sector contracts, the budget process of your local transit authority
is often an open book – it may even be published on your transit authority’s web site! And an enormous
amount of information is available through freedom of information laws, which can assist locals in
formulating and strengthening their bargaining positions. With certain exceptions, locals can request
information on just about everything public employers do, possess or produce. Obtaining similar
information from private employers is greatly restricted, and in most cases, not available.
The Services Contract
There is one source of information, however, that is available to assist locals in negotiating collective
bargaining agreements with private employers, and is very important not only to the success of those
negotiations, but to the quality of those agreements. This valuable source of information is the
services contract between the public body and the private contractor, and is typically available from
the public employer through freedom of information laws. Usually, the local union can obtain the
contract from the public employer by simply asking for it.
Prior to beginning negotiations, private sector locals should obtain a copy of the current services
contract between the public employer and the private provider whose employees the local represents.
In most cases the local should be able to receive a complete copy of the agreement, with the exception
of certain proprietary information which may be restricted.
‘A careful review
by the local of the
revenue contract
between your
employer and the
public body it is
contracted to
serve may provide
important dividends
for union members.’
Why is this services contract important to the union and its members?
To begin with, that contract tells you how much your employer is being paid each year to service
the city, county or transit authority. Since many of these service contracts have five, six and seven
year terms, the contract will tell your union how much the company will be making next year, two
years from now, and maybe three or four years down the road. Isn’t that something you want in your
hands before you negotiate?
They Sometimes Fall Short
But that’s just the beginning! When a public entity enters into a contract with a private contractor
to provide transportation services, for example, the contract often spells out minimum wages, benefits
and working conditions that the contractor agrees to as a condition of being awarded the contract.
And it will come as no surprise to you that sometimes contractors fall short of meeting or fulfilling all
of these requirements outlined in their revenue contract, particularly those applying to employees.
A careful review by the local of the revenue contract between your employer and the public body it is
contracted to serve may provide important dividends for union members. We encourage all local unions
whose members are employees of a private company under contract with a public entity, to request a
copy of the current agreement and review it for both economic information and employer compliance.
If you have any difficulty obtaining a copy of the contract, contact this office for assistance.
Season’s Greetings
May all of you have a wonderful holiday season, and a happy and prosperous New Year.
www.atu.org
5
A MESSAGE FROM THE INTERNATIONAL Secretary-Treasurer
‘I am calling on
all of our U.S.
members and
asking you to get
active now. It’s
never too soon
to start educating
yourself and your
fellow union
members about the
candidates in next
year’s election.’
We’ve Come Too Far
to Turn Back
D
espite a tremendous amount of hard work and long hours put in by countless union members,
working families in Virginia and New Jersey faced defeat on election night this year as both
states elected anti-worker candidates to their governor’s office.
Some political pundits attribute these losses to voters seeking a change in a time of economic
crisis, while others simply think the problems were solely with the candidates. Regardless, anti-worker
forces are hailing the elections as victories and arguing that these wins give them the momentum
they need for a comeback in next year’s midterm elections.
We can not let them make a comeback. The price is simply too high.
We Have Seen Great Progress
With worker-friendly majorities in the White House, Senate and House of Representatives, we
have seen great progress on our issues this year.
Within weeks of taking office, President Obama signed the State Children’s Health Insurance
Program (SCHIP) reauthorization that provides health coverage for 11 million low-income children;
he signed the Lilly Ledbetter Fair Pay Act which overturned a 2007 Supreme Court decision that
made it virtually impossible for workers to challenge pay discrimination based on gender; and he
issued several executive orders to reverse Bush-era, anti-worker orders.
We also saw passage earlier this year of a landmark economic recovery package that has helped
to create and save jobs throughout the country by investing in transit, roads, bridges and more.
Right now, Congress is on the verge of passing comprehensive health care reform legislation and
a cap-and-trade energy bill that will result in increased funding for mass transit. Consideration of
the Employee Free Choice Act and the surface transportation reauthorization bill are not far off.
Never Too Soon to Get Active
While not all of our priorities have been addressed yet, we have come too far to turn back.
I am calling on all of our U.S. members and asking you to get active now. It’s never too soon to
start educating yourself and your fellow union members about the candidates in next year’s election.
Talk to your local union officers to find out how you can get involved now in helping to support
worker-friendly candidates.
Season’s Greetings
Here’s wishing you a joyful holiday season and a happy New Year!
6
IN TRANSIT
www.atu.org
Ray Rivera Appointed 18th International Vice President
I
nternational President Warren S. George has appointed Ray Rivera 18th International Vice
President to fill the vacancy left by the recently-retired IVP, Tommy Mullins. The former
International Representative has been a member of ATU for 46 years.
Rivera joined Local 1202 in New York City in 1964, after he was employed as a Greyhound bus
operator. He served the New York local as a shop steward. In 1972, he transferred to Local 1210 in
Philadelphia, which was the local that represented his New York run. Rivera, subsequently, became a
member of Local 1238, after moving his family to Jacksonville, FL.
The Greyhound driver became very active in Local 1238. He was elected shop steward in 1981,
and local president in 1983. In 1985, he put together a merger of three over-the-road locals (1238,
1174, and 1326), into a new Local 1600. Rivera was elected president and moved to Atlanta to
conform to the local’s bylaws which required that the president live in the city where Greyhound’s
then-Southern Regional Headquarters was located.
Rivera served as local president until 1993, when International President Jim LaSala appointed him
as an International Representative. As an International Rep. he worked mainly on organizing, but
he also negotiated agreements, conducted trusteeship hearings, and argued numerous arbitrations for
local unions.
Rivera views his new post as a great opportunity to support the Union as a member of the General
Executive Board. Ray has been married to Lydia Rentas Rivera for 45 years and has three children
and two grandchildren.
Organizing Report: A New Beginning
A
fter New York’s Local 1181 won a decisive organizing victory
by a margin of two-to-one, Local President Michael Cordiello
asserted “this is only the beginning for this executive board and the
members of this great local. Let’s keep moving forward.”
Although Cordiello has been busy bargaining for several properties
and bargaining units, organizing continues to be one of his
priorities. The local president has recruited rank-and-file members,
shop stewards, and a retiree to serve on a committee of Local
1181 member-organizers. Delegate Renee Jean-Louis serves as
the coordinator of the committee, which also includes: Carmen
Acevedo, Dominick Agate, Jim Cardiello, John DeLoatch, Tony
Livia, and Patrick Lorquet.
Diversity
Jean-Louis says that the diversity of the committee reflects the local’s membership as well as the workforces of many nearby, unorganized properties.
“We are learning a lot working with the ATU International’s Organizing Department,” he explains. “First and foremost, we have to recruit workerleaders and build a strong foundation of support from the inside. Then we are more prepared for attacks by the employer or even other unions.”
The local has worked with the department to train its members to organize more effectively. And that training proved invaluable in countering
professional efforts to thwart the recent campaign. Although the company recruited an independent association to intervene in the representation
election, the drivers and matrons voted overwhelmingly for ATU Local 1181.
The organizing committee was aided by ATU members in the school bus industry from the Atlantic, Pioneer, Consolidated, United and Logan
companies. Shop stewards and members of Local 1181 attended organizing meetings, shared their experiences as members of ATU, and came out
by the dozens in support of the GVC workers during the final weeks of the campaign.
This is truly a victory for the 270 drivers and matrons of GVC. But, it was also a sign of Local 1181’s strong commitment to organizing.
www.atu.org
7
ATU’s ‘Angel in Qu
Top Ten Hero
N
othing about Jorge Munoz, 1181-New York, NY, suggests that he thinks
he’s doing anything extraordinary. Even though the New York Times
anointed him an “Angel in Queens,” and CNN made him one of their “Heroes
of 2009,” Jorge (pronounced “George”) seems unaffected by all of the attention
he’s been getting lately – simply because he feeds hungry people.
Munoz has been a member of Local 1181 for nine years. He puts in a full day,
five days a week, as a school bus operator in New York City. But after work he
puts in another five-and-a-half hours preparing and handing out hot meals to
the hungry in Queens. His typical day doesn’t end until 11:30 p.m., and he
does this job seven days a week.
‘People Out There Are Suffering’
If that schedule wears him out, he doesn’t show it. The short, sturdy driver,
originally from Colombia, displays a gentle determination in every move he
makes. In his own way, he is a man on a mission.
ATU’s Angel in Queens, Jorge Munoz, and a volunteer prepare
meals which he will hand out to the hungry later that evening.
Why does he do it?
Every day I receive about 130 smiles and 130 blessings.
When you hand a meal to a guy who has been waiting for
you for 45 minutes in weather of 10o F, and you see their
smile, it means you see God there, maybe, smiling at you,
saying this is their first meal of the day. So it’s beautiful.
Inside – you have to do it to feel that – inside.
How are things on the street?
It’s getting worse. For the last six months, it’s getting
worse. People are losing their jobs. Not only day laborers.
This economy is hitting everybody. All kinds of people
are losing their jobs. It’s like a chain. Big companies close.
You lose your job, and, sometimes you have to choose
between paying your rent and buying food.
What happens when hungry people do get work?
Your hear stories every day about people being abused.
Contractors steal their money. They make them work for
two or three weeks and disappear with their salary. Too
many bad things happen to them.
8
IN TRANSIT
“People out there are suffering,” he explains, “So why not do just a little bit to
change their lives at least one time a day – with a meal. It’s nothing; for us it’s
nothing.”
He’s been doing this since 2004. He got the idea one day when he noticed a
couple of food processing workers throwing out perfectly good food that the law
said they couldn’t sell after a certain date. Munoz asked the company owners
if they would donate the food to him to give to the hungry. They did, and he’s
been doing this work ever since.
“The first week [we fed] eight guys,” Munoz remembers. “The second week, 24,
and it increased, and increased until yesterday (November 13) there were more
than 150.”
Munoz, his mother, sister, and two volunteers prepare all of the meals in the
small kitchen of their Woodhaven home. Their first floor has been taken over by
stacks of canned and boxed food, aluminum pans, Styrofoam containers, paper
products, a huge freezer full of food, blankets, and clothes – all contributed or
bought with the donations which support their work.
Many of the donations come from fellow Local 1181 members who daily leave
boxes of food at his bus for him to distribute to the borough’s needy. Munoz
also spends much of his free time picking up the things that people contribute
around town. He stretches every penny.
Munoz was chosen as one of the top 10 CNN Heroes of 2009, and was to be
featured (after the In Transit went to press) in a special CNN Heroes broadcast
on Thanksgiving Day.
www.atu.org
ueens’ One of CNN’s
oes of the Year
‘They Trust Me So I Have to Be There’
The Queens school bus operator watches little television, doesn’t take a vacation and
hasn’t seen a movie in years. He says he simply can’t bring himself to let his hungry
friends down – not even for a day.
“People are lining up and waiting for me,” he says. “They trust me so I have to be there.
If, one day, I fall off, there will be a lot of people who are going to be hungry. So I just
try to do it every day.”
If you ever accompany Munoz on his mission to Jackson Heights you will understand.
On a recent Saturday night there were over 100 people waiting silent and still in the
darkness as Jorge pulled his truckload of food up to the corner of Roosevelt and 73rd.
Jorge Munoz hands out packages of food he has prepared to hungry
There were those there who have obviously lived on the street for some time. Others had people standing on a street corner in Jackson Heights in Queens, NY.
the clothes and bearing of persons who were new to this life, having experienced a sudden
change of circumstances. But the look in their eyes told you that they all shared one thing in common – they were hungry.
Passing motorists honked in approval as Munoz and his volunteers handed out food and drink. Trains rolled over the elevated tracks above them
with a deafening clatter. But the noise seemed to fade away, replaced by a litany of almost reverent “gracias” uttered by each as they received their
portion. After the group started to eat, the mood lightened, and people spoke happily with each other as if they were starting to feel human again.
That may be Jorge Munoz’s greatest gift of all.
Find out more about Jorge Munoz’s work at: Angel in Queens website: http://www.anangelinqueens.org/
Angel in Queens Facebook page: http://www.tinyurl.com/atuangel
USDA: Hunger Growing in America
The United States Department of Agriculture’s Economic Research Services (ERS)
released its annual report on Household Food Security in the U.S. on November
16, which revealed that in 2008, 17 million households, or 14.6 percent, were
“food insecure” and families had difficulty putting enough food on the table at
times during the year. This is an increase from 13 million households, or 11.1
percent, in 2007. The 2008 figures represent the highest level observed since
nationally representative food security surveys were initiated in 1995.
While the federal agency refers to the issue as “food insecurity,” most analysts say
that the report highlights the growing problem of “hunger” in America.
This year’s report also reveals that one-third of food-insecure households had
very low food security (food intake of some household members was reduced
and their eating patterns disrupted at times during the year). This is 5.7
percent of all U.S. households or about 6.7 million. This is up from 4.7 million
households (4.1 percent) in 2007, and the highest level observed since nationally
representative food security surveys were initiated.
www.atu.org
Local 1181 President Michael Cordiello
Praises Member Jorge Munoz
Jorge Munoz, school bus driver for Varsity
Bus, has been a model member of Local 1181
transporting our most precious cargo, school-aged
children. This quiet unassuming gentle man has
now gone above and beyond what the normal
everyday person may only think of doing… Jorge
Munoz takes one-half of his weekly net salary as a
school bus driver, purchases groceries, cooks and
serves meals to the homeless in his neighborhood
in Queens.
Although he probably would not agree, to this
local Jorge is truly a hero to the less fortunate. As
president of this local and on behalf of my fellow
brother and sister members, I would like to express
my pride in representing members like Jorge Munoz.
9
ATU Drivers File Class Action Suits against First Group
Employees Assert Rights under Fair Credit Reporting Act
On October 5, in two separate class actions, ATU members filed lawsuits against First Student and First Transit – North American subsidiaries of
First Group plc of Great Britain – for violation of their legal rights under the Fair Credit Reporting Act. The suits were filed in federal district courts
in Illinois.
In each case, workers were summarily dismissed from employment after First Group subsidiaries hired a vendor to perform a background check on
their employees and the vendor reported that the employee had a purported past criminal record.
Under the Fair Credit Reporting Act, employers are obliged to notify employees of any adverse actions anticipated as a result of a background check,
and to give the employees a reasonable opportunity to dispute the accuracy of the reported information.
‘Trampling on the Rights of Workers’
“First Group has been trampling the rights of workers,” asserted ATU International President Warren S. George. “Now we see that they have been
trampling U.S. law as well. That’s why the ATU has retained counsel to represent the legal rights of not just our members – but all employees and job
applicants at First Group.”
The lawsuits will seek relief for all employees summarily dismissed – and all applicants similarly refused employment – on the basis of a background
check.
The ATU, which represents over 12,000 employees of First Group subsidiaries in North America, is investigating whether Canadian laws may have
also been violated by First Group.
What the House Health Care Bill Would Do For You
W
ith successful passage of a historic health care reform bill by the House of Representatives, November 7, experts are weighing in on the benefits
that the bill would bring to working families.
This legislation includes numerous benefits for working families, immediately and in the long term, whether you have insurance now or not:
• It will end the national scandal of medical bankruptcy – the number one cause of personal bankruptcy – by eliminating lifetime caps on insurer
payments and limiting annual out-of-pocket costs. Medical bankruptcies affect up to 4,000 families every day in the United States – and 78 percent
of them are fully insured.
• It ends abusive insurance company practices, including the denial of coverage based on pre-existing
conditions and “rescissions” – the practice of canceling coverage when patients file claims.
• It provides subsidies to help middle-class and lower-income families afford coverage.
• Through an exchange, it offers people a wide range of choices of insurance,
including a public health insurance option that competes with private insurers.
• It narrows the “donut hole” – the gap in Medicare coverage for prescription drugs.
• It creates incentives to increase the number of doctors and boosts funding
for community health centers.
• It allows young people to be covered by their parents’ insurance up to age 27.
• It creates a new fund to help employers give health coverage to early retirees.
• It provides for efficient, computerized medical records and other tools to
streamline medical care and increase quality.
• It cuts costs to the federal government as well as to families, reducing the
deficit by more than $100 billion over the next 10 years – thanks, in part,
to the existence of a public health insurance option, which lowers costs across the system.
• And it’s fairly funded – through employer responsibility and a surtax on the very highest
earners, not a tax on middle-class health benefits.
At press time some Congressional observers were speculating that the Senate might pass
its own health care legislation by Thanksgiving. No matter when that happens, however,
the two bills will need to be reconciled by a conference committee of House and Senate
members who will produce a common bill. Both houses will have to pass that bill before
health care reform becomes a reality in the United States.
10
IN TRANSIT
www.atu.org
KNOW YOUR
:
RIGHTS
The Legal Framework of
Collective Bargaining in Canada
I
n the coming weeks the U.S. Congress hopefully will conclude its
work on health care issues and turn to the need for labor law reform
to overcome management manipulations and restore a level playing
field in labor relations. Legislators could learn much by considering
the sometimes subtle but nevertheless significant differences in
Canada’s basic approach to labour matters. They extend well beyond
the spelling of the word “labor” (or labour) and the reference to a
labor contract as a “collective agreement” rather than a “collective
bargaining agreement.”
The Collective Agreement
As in the United States, following a union’s certification as the lawful
representative of a group of workers, Canadian employers and the labour
organizations have an obligation to bargain in good faith with a view
to concluding a collective agreement. Unlike in the U.S., however, if
a Canadian employer’s conduct significantly frustrates the bargaining
process, the initial labour contract may be imposed.
Collective bargaining statutes in Canada, moreover, actually require
minimum provisions in collective agreements such as a defined term of
operation, an arbitration procedure, and, on request, a clause establishing
checkoff or payroll deduction of union dues by the employer.
Because arbitration is the mandatory method of resolving disputes
concerning the interpretation and administration of the collective
agreement, in Canada there is no continuing obligation to bargain during
the term of the contract.
The Strike as a Tool of Bargaining
In the United States, labor contracts typically include a nostrike clause precluding any work stoppage during the term of the
www.atu.org
negotiated agreement. In Canada, once a collective agreement has
been negotiated, any strike or lockout is statutorily barred, even
where private sector employees are involved. Neither an employee
work stoppage nor an employer lockout is legally permitted until
the collective agreement has expired and any prescribed conciliation
procedures to resolve negotiation impasses have been exhausted.
Unlike in the U.S., then, a mid-term strike in response to an unfair
labour practice is unlawful in Canada.
When a strike is lawfully permitted in Canada, the nature of the job
action can be quite different from in the U.S. The permanent replacement
of strikers is prohibited in Canada. The collective bargaining statutes
of British Columbia and Quebec, moreover, restrict the use of even
temporary strike replacement workers during a lawful strike.
Labour Board remedies for bad faith bargaining, whether in a first
agreement situation or in renewal bargaining, also tend to be more
expansive in Canada. As in the United States, a finding of bad faith may
result in a direction to bargain seriously. In Canada, however, such a
direction may be accompanied by an award of damages for losses sustained
by the union and the employees that are attributable to the employers’
misconduct where, for example, a strike has been prolonged unnecessarily
because of unlawful management tactics.
Lessons for the United states
Our Canadian locals still struggle for workplace justice, of course.
But the legal framework within which we operate in Canada is a more
enlightened and balanced one. As with health care, then, when it comes
to labor law, the United States could learn a thing or two from our
Canadian brothers and sisters.
11
— L EGI S L A T IVE RE P OR T —
Jobs Needed, Now!
T
he Congress, paralyzed by the debate over the future of the U.S.
health care system, was unable to pass a new six-year surface
transportation reauthorization bill prior to the September 30 expiration
of the Safe, Accountable, Flexible, and Efficient Transportation Equity
Act - A Legacy for Users (SAFETEA-LU). The act has been extended
until December 18.
With the full support of the ATU and other transportation unions,
House Transportation and Infrastructure Committee Chair James
Oberstar, D-MN, has forcefully argued for immediate consideration of
his bill, the Surface Transportation Authorization Act of 2009 (STAA),
which would increase public transportation funding by more than 90
percent over the next six years.
The United States economy shed 190,000 jobs in October, and the
unemployment rate reached a 26-year high of 10.2 percent, up from 9.8
percent in September. Oberstar points out that the transportation bill
will create thousands of new jobs and help America out of its economic
downturn.
Two-Year ‘Mini Bill’?
The Senate’s second-ranking Democrat, Majority Whip Richard
Durbin of Illinois, has ambitions for transportation investments early
next year. Durbin says that once Congress completes its work on
health care legislation, the top priority will become the economy and
unemployment. The best way to create jobs, he insists, is to invest in
transportation. Durbin is floating the idea of “frontloading” the next
surface transportation bill to get more money flowing sooner than usual.
While few believe that a full six-year authorization bill will be considered
in 2010, a two-year bill, which could include important policy changes,
is becoming a real possibility. “I honestly believe [that on] the first of the
year we’ll be talking about this,” Durbin declared.
Keep the Pressure On
The delay in the bill’s consideration has given ATU more time to
educate Members of Congress on the need for federal operating assistance
for transit. As the In Transit went to press, Representative Russ Carnahan’s
(D-MO) operating assistance bill – H.R. 2746 – had 75 cosponsors in
the House. More cosponsors are needed. Local 1577-West Palm Beach,
FL, successfully lobbied its County Council to pass a resolution urging
South Florida Members of Congress to cosponsor the bill. Please urge
your local legislative bodies to do the same so that we can reach 100
cosponsors, and beyond.
Transit Worker Protection Bills
Passed in Two States
Congratulations to the ATU Connecticut Legislative Conference
Board and Locals 689-Washington, DC, and 1300-Baltimore, MD, for
their successful spring campaigns to pass state legislation protecting transit
workers from assault. The new Connecticut law provides for a Class “C”
felony for the act of assaulting a transit employee. In Maryland, a person
may now be jailed for up to 90 days and fined $1,000 for interfering with
the operator of a transit vehicle, or a person engaged in official duties
as a station agent, conductor, or station attendant. Twenty-seven states
now have laws in place that enhance assault penalties when the victim is
a transit employee performing his or her duties.
The transportation
bill will create
thousands of
new jobs and
help America out
of its economic
downturn.
12
IN TRANSIT
www.atu.org
Canadian Agenda
TORONTO LOCAL BLASTS ‘INSULTING CARTOON’
BLAMING ATU WORKERS FOR FARE INCREASE
A
n editorial cartoon on the front page of the November 18 Toronto
edition of Metro, a daily commuter news digest, has drawn the ire
of the Local President Bob Kinnear, 113-Toronto, ON.
TTC management’s recent presentation to the commissioners on the
need for a fare increase revealed that the TTC is the least subsidized
transit system in North America.
The cartoon depicts a streetcar operator leaning out of his window
with his hand in the pocket of a startled pedestrian reading a newspaper
with the headline “Rate increase.”
“If the TTC received proportionately as much public funding per
rider as Montreal, Vancouver or Edmonton, our fares would be much,
much lower. If we received as high a per-rider subsidy as they do in Los
Angeles, the TTC would be free to riders,” he declared.
“Fare increases are always accompanied by a large spike in verbal
and physical assaults on vehicle operators and collectors,” says Kinnear,
“Passengers angered by having to pay more to ride the TTC take out
their frustration on the front line workers, not on TTC management or
the commissioners.
“This insulting cartoon makes it seem that the workers are to blame
for the fare increase. It will provoke active animosity in some unbalanced
passengers and lead to more assaults. We’ve been down this road too
many times before to let this pass.”
Kinnear says it is grossly unfair to attribute the magnitude of fare
increases over the past decade to TTC workers.
FARES HAVE RISEN 64 PERCENT FASTER
THAN OPERATOR, COLLECTOR WAGES
“With this latest increase, TTC cash fares since 1999 will have risen
64 percent faster than the wages paid to operators and collectors. Angry
passengers should be incensed at the failure of governments to support
Toronto public transit at the level enjoyed by other cities. They shouldn’t
be taking it out on our members, who provide a great service under
often very stressful and demanding conditions,” he asserted.
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“The cartoon would have been more truthful if it had shown Ontario
Premier Dalton McGuinty and Prime Minister Stephen Harper picking
the pockets of our passengers.
“We believe in freedom of the press,” added the local president,
“but we have the right to strenuously object to a ‘McPaper’ like Metro
distorting the truth at the expense of our members’ safety.”
OECD SAYS TRAFFIC CONGESTION
STRANGLES TORONTO’S PRODUCTIVITY
In a study released November 6, the Organization for Economic
Co-operation and Development (OECD), which counts 30 nations
among its members, reports that productivity in the Greater Toronto
Area (GTA) is depressed by sprawl and traffic congestion. In fact, the
OECD estimates that $3.3 billion worth of productivity is lost to the
GTA because an underfunded and disjointed transit system.
According to the OECD, Toronto’s transit system has not kept pace
with the burgeoning population of the area. As much as 71 percent of
the urban area’s commuters are dependent on the automobile – one of
the highest city rates of the organization’s 30 countries.
13
The 56th
International Convention
of the
Amalgamated Transit Union
will be held
September 26 - October 1, 2010
O p e n i n g S e ssi o n
Monday, September 27, 2010, at 9:00 a.m.
L o cati o n
Convention Center adjacent to Disney’s
Contemporary Resort, Orlando, FL
H o t e ls
Disney’s Contemporary Resort
and Disney’s Polynesian Resort
Room Rate: $185 + taxes
Look for more information on the agenda and hotel reservations in
upcoming issues of the In Transit and on the ATU website (www.atu.org)
Message du Président de l’International, Suite à la page 3
Au Canada, nous nous battons pour améliorer les salaires et
les conditions de travail des membres nouvellement organisés,
tout en travaillant à trouver des moyens efficaces de protéger de
la violence tous les employés des transports en commun.
Y estaremos luchando para convencer al Congreso a que promulgue la Ley de la Libre Selección
del Empleado -- un proyecto legislativo que vendría a igualar el campo de acción de los trabajadores
en relación con sus empleadores cuando los trabajadores tratan de organizar sindicalmente sus
lugares de empleo.
Je crois que tout ce que j’ai énuméré ci-dessus est essentiel pour
nos membres - et pour les travailleurs en général – pour sortir
d’un hiver de récession et pour prospérer à l’avenir.
En el Canadá estamos luchando para mejorar los salarios y condiciones de los miembros recientemente
organizados, mientras que también trabajamos para encontrar métodos efectivos de proteger a todos
los trabajadores del tránsito contra la violencia en el sitio de trabajo.
Durant cette période des fêtes, de nombreuses personnes
chasseront la morosité et l’obscurité avec des bougies et des
lumières de couleurs vives. Pendant ce temps, l’Internationale
travaillera d’arrache pieds avec vous cet hiver pour éclairer le
chemin vers une vie meilleure pour nous tous pour cette saison
et pour toutes les saisons à venir.
Yo estimo que todos los aspectos mencionados más arriba son de naturaleza esencial para nuestros
miembros – y para todos los trabajadores en general – a fin de emerger airosamente del invierno de
recesión económica y prosperar en el futuro.
Joyeuses Fêtes !
Mon épouse, Janice, et moi vous souhaitons de Joyeuses Fêtes
et un merveilleux Nouvel An!
14
El Mensaje del Presidente Internacional, Continuación de la página 3
IN TRANSIT
Durante esta temporada de fiestas mucha gente tratará de poner de lado la penumbra y oscuridad
con velas y luces de brillantes y relucientes colores. De igual manera, la Unión Internacional estará
trabajando arduamente a vuestro lado durante este invierno para darle luz al sendero que nos conduzca
a una vida mejor para todos nosotros durante esta, y en cada futura temporada de fiestas.
¡Felices Fiestas!
Mi esposa Janice, y un servidor les deseamos a todos ustedes ¡una alegre temporada de fiestas y
un maravilloso Año Nuevo!
www.atu.org
Edmonton Local Fetes 50-Year Members, Retirees
F
inancial Secretary Claude Ducette,
569-Edmonton, AB, sent us these
pictures (below) from the local’s annual
retirement party celebrating its recent
retirees and 50-year members.
Seated, from left, at the Local 569 retirement party,
are ATU 50-year members Alexander Bidniak, Gordon Jarvis, Kenneth Krause, and Matthew Sullivan.
Standing, from left, is Financial Secretary Claude
Doucette, Local President Stu Litwinowich, Edmonton City Councillor Dave Thiele, International Vice
President Bob Hykaway, and Local Vice President
for Maintenance Daniel Revega.
Seated, in the front row, from left, at the Local 569 retirement party are, ATU retirees Alan Bowman, Donald Yakimovitch, Lorna Durand, Walter Greschuk, Gaile Kiernan, Randall Koren,
Richard Harbottle, Dale Cone, Sardool Basra, and Richard Antoniuk. Seated, in the center row, from left, are ATU retirees Wilbert Smoker, Roy Martin, Hans Kristel, Svend Sorensen,
Boris Rogutski, Arleen Serna, Donald Serna, Ajit Parmar, and William McVey. Standing, in the back row, from left, is Financial Secretary Claude Doucette, Local President Stu Litwinowich, Edmonton City Councillor Dave Thiele, International Vice President Bob Hykaway, and Local Vice President for Maintenance Daniel Revega.
www.atu.org
15
Local 282 - Rochester, NY
First Transit (Canandaigua, NY)
Local Financial Secretary/Business Agent Frank Falzone and International Vice President Gary Rauen report settlement.
TERM:
3 years
WAGES:
Top Operator
1/1/07 - 22¢
5/27/09 - 33¢
1/1/08 - 22¢
7/1/08 - 35¢
1/1/09 - 35¢
7/1/09 - 37¢
-
2%
3%
2%
3%
3%
3%
-
$10.99
$11.32
$11.54
$11.89
$12.24
$12.61
Top Mechanic
1/1/07 - 35¢
5/27/09 - 53¢
1/1/08 - 38¢
7/1/08 - 56¢
1/1/09 - 58¢
7/1/09 - 60¢
-
2%
3%
2%
3%
3%
3%
-
$17.82
$18.35
$18.72
$19.28
$19.86
$20.46
1/1/07 - 12/31/09
LOCAL 618 - Providence, RI
Durham School Services
Local President Steve Farrell and International Vice President Richard Murphy report settlement.
TERM:
2.5 years 1/13/09 - 6/30/11
WAGES:
Top Operator
7/1/09 - 45¢ - 2.7% - $17.10
7/1/10 - 52¢ - 3.0% - $17.62
LOCAL 717 - Manchester, NH
Manchester Transit Authority
Local President Lisbeth Valentin and International Vice President Richard Murphy report settlement.
TERM:
1 year
WAGES:
Top Operator
NO CHANGES
LIFE INSUR.:
Increase to $30K (was $20K)
PENSION:
Employer pay 85¢/hour
Employee pay 60¢/hour
LAY-OFFS:
Provide 14 days notice, FT operators laid off given opportunity to do spare work.
7/1/09 - 6/30/10
LOCAL 757 - Portland, OR
Lane Transit District
Local President Jon Hunt and International Vice President Ron Heintzman report settlement.
16
IN TRANSIT
TERM:
3 years
WAGES:
Top Operator
7/1/07 - 35¢
12/30/07 - 35¢
6/29/08 - 36¢
12/28/08 - 31¢
6/28/09 - 37¢
12/27/09 - 28¢
7/1/09 - 6/30/10
-
1.75%
1.75%
1.75%
1.50%
1.75%
1.75%
-
$19.95
$20.30
$20.66
$20.97
$21.34
$21.72
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Top Mechanic
7/1/07 - 87¢
12/30/07 - 42¢
6/29/08 - 92¢
12/28/08 - 38¢
6/28/09 - 93¢
12/27/09 - 47¢
H & W:
Retiree Health Insurance
Employer contributes $250/month for non-medicare eligible retirees
Heath Insurance contributions from employer:
Age 59 - $240
Age 58 - $230
Age 57 - $200
Age 56 - $180
Age 55 - $160
PENSION:
Minimum benefit rate: 12/9/07 - $60/year of service
7/1/08 - $63
HOLIDAYS:
Add employees’ birthday
Add floating holiday (3 total) (was 2)
LONGEVITY:
Effective 2/1/05 - 35 years, 35¢/hour
Effective 7/1/07 - 40 years, 40¢/hour
UNIF. ALLOW.:
$150/year
-
3.8%
1.75%
3.8%
1.5%
3.8%
1.75%
-
$23.68
$24.10
$25.02
$25.40
$26.37
$26.84
Pierce Transit
Local President Isaac Tate and International Vice President Don Hansen report
settlement.
WAGES:
Top Operator
7/1/08 - 3.5% increase
7/1/09 - 3.8% increase
7/1/10 - 5.9% increase
7/1/08 - 6/30/11
SPREAD TIME: Minimum 70% straight run (weekdays)
80% straight run (Saturday)
100% straight run (Sunday)
TOOL ALLOW.:
$350 (was $230)
SHOE ALLOW.: Provided
NOTE:
Training pay - $2.00/hour premium
LOCAL 765 - Montgomery, AL
Transit Management of Montgomery, Inc.
Local President Ezra Hardin and International Vice President Kenneth Kirk report
settlement.
www.atu.org
Top Operator
10/1/07 - 3%
10/1/08 - 4%
6/1/09 - 4%
PENSION:
Employee contribution 4%
Employer contribution 4%
SICK LEAVE:
Employees with 60+ days banked may
donate up to 10 days to another employee.
TOOL ALLOW.:
$500 ($550 in year 2, $600 in year 3)
UNIF. ALLOW.:
$300 (to $350 in year 2)
NOTE:
ASE certification bonuses up to $1.15
Local President Freda Braylock and International Vice President Javier Perez report
settlement.
LOCAL 758 - Tacoma, WA
3 years
WAGES:
10/1/07 - 9/30/10
South Bend Public Transportation (Fixed)
Training pay $2.25 (was $2.00)
TERM:
3 years
LOCAL 996 - South Bend, IN
SHOE ALLOW.: $75/year (was $35)
NOTE:
TERM:
TERM:
2 years
WAGES:
Top Operator
11/1/08 - 2.5% increase
11/1/09 - 2.75% increase
11/1/10 - 2.75% increase
Top Mechanic
11/1/08 - 2.5% increase
11/1/09 - 2.75% increase
11/1/10 - 2.75% increase
BONUS:
$300 ratification bonus (FT)
$150 ratification bonus (PT)
SICK LEAVE:
Add one sick day
Receive 50% payout on sick leave accumulation at retirement
UNIF. ALLOW.:
Polo shirts offered during summer
11/1/08 - 10/31/10
LOCAL 996 - South Bend, IN
South Bend Public Transportation (Para)
Local President Freda Braylock and International Vice President Javier Perez report
settlement.
TERM:
WAGES:
2 years
Top Mechanic
11/1/08 - 3% increase
11/1/09 - 3% increase
11/1/08 - 10/31/10
Top Operator
11/1/08 - 3% increase
11/1/09 - 3% increase
11/1/10 - 3% increase
17
11/1/10 - 3% increase
SICK LEAVE:
Add one day (7 total)
50% accumulated payout at retirement
LOCAL 1342 - Buffalo, NY
Top Mechanic
1/1/09 - 31¢ - 2% - $15.82
7/1/09 - 31¢ - 2% - $16.13
BONUS:
$300 (FT) $150 (PT) after completing probationary period
LOCAL 1433 - Phoenix, AZ
Coach USA Erie
First Transit
Local President Vince Crehan and International Vice President Bob Baker report
settlement.
TERM:
4 years
WAGES:
Top Operator
1/12/09 - 37¢
1/12/10 - 38¢
1/12/11 - 39¢
1/12/12 - 40¢
-
3%
3%
3%
3%
-
Top Mechanic
1/12/09 - 41¢
1/12/10 - 43¢
1/12/11 - 44¢
1/12/12 - 45¢
-
3%
3%
3%
3%
-
H & W:
Employer contributes $260/month to premium
1/12/09 - 1/12/12
3 years
$12.63
$13.01
$13.40
$13.80
WAGES:
Top Operator
7/1/08 - $1.00 - 5.7% - $18.50
7/1/09 - $1.50 - 8.1% - $20.00
7/1/10 - $1.25 - 6.25% - $21.25
$14.24
$14.67
$15.11
$15.56
LOCAL 1499 - Muncie, IN
BARTA
Local President William Frees and International Vice President Larry Hanley report
settlement.
TERM:
3 years
WAGES:
Top Operator
7/1/07 - 57¢ - 3% - $19.49
7/1/08 - 58¢ - 3% - $20.07
7/1/09 - 60¢ - 3% - $20.67
H & W:
PPO offered: deductible $400/single, $800 /family
S & A:
Sick benefits: $330/week
Effective 7/1/09 - employee pays premium =
1% weekly earnings (40 hours)
PENSION:
Employee contributes 62¢/hour
Employer contributes $1.21/hour
7/1/07 - 6/30/10
LOCAL 1385 - Dayton, OH
Springfield Bus Company
Local President Claude Huff reports settlement.
TERM:
1 year
WAGES:
Top Operator
1/1/09 - 29¢ - 2% - $14.70
7/1/09 - 29¢ - 2% - $14.99
IN TRANSIT
Local President Bob Bean and International Vice President’s
Don Hansen and Bill McLean report settlement.
TERM:
LOCAL 1345 - Reading, PA
18
1/1/09 - 12/31/09
7/1/08 - 6/30/11
Muncie Indiana Transit System
Local President Erbie Bertram and International Vice President Javier Perez report
settlement.
TERM:
3 years
WAGES:
Top Operator
1/1/07 - 2% increase
Top Mechanic
1/1/08 - 1.5% increase
1/1/09 - 2.5% increase
H & W:
$500 deductible (up to 3 people)
$10 co-pay for generic drugs, $30 brand name
1/1/07 - 12/31/09
BEREAVEMENT: Paid as 6 hours per day off, 3 days off total
SHOE ALLOW.: $100 (was $75)
NOTE:
Training premium to $1.00/hour (was 50¢, 75¢ Para)
LOCAL 1742 - Charleston, WV
Mid-Ohio Valley Transit Authority
Local President David Sayre and International Vice President Richard Murphy report
settlement.
TERM:
1 year
WAGES:
Top Operator
7/1/09 - 45¢ - 6.5% - $15.41
Top Mechanic
7/1/09 - 56¢ - 3.0% - $19.65
7/1/09 - 6/30/10
www.atu.org
Arbitration Decision
Amalgamated Transit Union Local 1700 and Greyhound Lines, Inc.
ISSUE: Was the grievant’s discharge for violating the Driver Rules of
Conduct based in just cause; and if not, what should the remedy be?
SUMMARY: At the time of his termination, Grievant had 33 years of
seniority at the company, including time with Trailways Lines, Inc., prior
to Trailways merging with Greyhound.
On March 17, 2008, Grievant was involved in a minor verbal dispute
at the Cove Fort Chevron in Cove Fort, UT, an operation that owned an
agency agreement with Greyhound Lines to provide fuel and services to
Greyhound buses and passengers. The dispute arose after the wife of the
Cove Fort Chevron’s owner placed a call to Roy Tanner, Greyhound’s
agency sales manager in Salt Lake City, to report that Grievant
had departed the stop without two female passengers with
limited English proficiency. In the midst of the call,
Tanner was notified that Grievant had just returned
to pick up the two passengers, apparently resolving
the matter. Moments later, however, Tanner
received another call from the Cove Fort agency,
where he heard loud yelling in the background. He
recognized the voice as that of Grievant, though he
could not make out any words clearly. Later in the
day, Tanner received a written complaint from the wife
of the agency owner.
As a result of the March 17 incident, Grievant was issued a oneday suspension for violating the Driver Rules of Conduct.
On June 6, 2008, Grievant was involved in another incident at the
Cove Fort stop. A dispute arose between employees of the agency and a
young female bus passenger over an advertised “free cup of ice.” During
the dispute, the female passenger refused to pay for the cup of ice, and
left it and other items at the cash register. She proceeded to call 911 for
assistance.
When Grievant learned of the situation, he immediately felt that the
agency owner and his son were deliberately harassing and intimidating
his passenger. An officer from the Utah Highway Patrol soon arrived,
and witnessed an angry phone exchange between Grievant and Tanner,
as Grievant had called Tanner to discuss the incident. Grievant and
Tanner agreed to meet in Cedar City – the next scheduled stop – and
discuss the incident.
www.atu.org
Grievant told Tanner he was only trying to defend his passenger from
aggressive, intimidating and unfair treatment. Tanner then went to speak
with the State Trooper, and later received a second written complaint
from the Cove Fort agency as well as a 10-second video clip shot from
the cell phone of the agency owner’s son, showing an animated Grievant
yelling at agency staff.
During the formal investigation resulting from the incident, Grievant
acknowledged losing his temper in dealing with agency staff, but reiterated
his stance that he was only protecting his passenger and alleging that he
was set up by the agency owner and his son. At the conclusion of the
investigation, Grievant’s employment was terminated on June 24, 2008
for violating rules G-3 and G-4 of the Drivers’ Rule Book regarding
hostility and personal conduct.
The Union grieved the discharge, and during the
third step of the grievance procedure, the company
requested that the agency manager appear in order to
provide testimony. The agency owner declined the
request and the issue was taken to arbitration.
HOLDING: Arbitrator Robert W. Landau noted that
a provision in the Collective Bargaining Agreement
between company and Union stated that if a complaining
customer or other complaining party fails to appear at the
third-step arbitration proceeding, that complainant is prohibited
from testifying at arbitration. As a result, the written statements and cell
phone video provided by the company – supplied by the agency owner
– could not be considered in arbitration, as they could not be subject to
cross examination by the Union.
Without direct testimony from the agency owner, Highway Patrol
officer or anyone else actually present at the scene, the company’s case was
built solely on hearsay. Roy Tanner testified to hearing Grievant yelling
in the background while he was speaking to the agency owner’s wife, but
his testimony was deemed to hold minimal evidentiary value.
Arbitrator Landau held that the company had not presented
persuasive, compelling or competent evidence that the actions of
Grievant warranted discharge, particularly in light of his record of
33 years of service. Grievant was ordered reinstated with applicable
back pay, benefits and seniority.
19
LEGAL NOTICE
TO: Employees Represented by ATU Locals in U.S. Bargaining Units Who Are Subject to Union Security Arrangements
Employees working under collective bargaining agreements which contain a union security clause are required,
as a condition of their employment, to pay monthly dues or fees to the union. Regardless of the specific wording
used in such a clause, however, formal union membership cannot be, and is not, actually mandated. Those who
are members of the ATU pay monthly union dues. Nonmembers, or “agency feepayers,” meet their obligation
through the payment of an equivalent “agency fee.”
Nonmembers subject to a union security clause also have the additional legal right to file objections to their
funding of certain expenditures with which they may disagree. More specifically, in a series of judicial and agency
decisions it has been determined that objecting nonmembers may not properly be charged for union activities
and expenditures which are “unrelated to collective bargaining, contract administration, or grievance adjustment”
and/or are otherwise “nongermane to the collective bargaining process.”
When considering these matters, individuals should remember that the union security clause included in
their labor contract was negotiated and ratified by their fellow employees based upon the principle that everyone
who benefits from the collective bargaining process should share in its costs. Simply stated, the well‑being of all
bargaining unit employees is improved immeasurably when the union obtains higher wages, better health care
and retirement benefits, fairness in the discipline system, and the many other improvements realized in contract
negotiations. But it would be difficult to provide such effective representation at the bargaining table without
the influence earned through the “nongermane” political and ideological activities of the trade union movement.
It is, after all, our community activism that laid the foundation for the election of Barrack Obama and the appointment of a U.S. Labor Secretary who actually understands the value of unions at the workplace. It is our
political work that has brought a more worker‑friendly U.S. Senate and House of Representatives receptive to
honest dialogue about such matters as health care reform and the need for changes in our labor laws. And it is
our legislative involvement that has prompted the likes of the Family Medical Leave Act.
Any individual thinking of electing objector status also needs to keep in mind the considerable benefits of
union membership that must first be surrendered. As a nonmember, a fee objector relinquishes many valuable
privileges, including the right to attend and participate in union meetings; the right to run in local union elections
The following ATU Statement of Law and Procedures concerning union security
objections applies only to the International per capita tax charged to objectors
as part of local union fees (unless this Notice and Statement has been adopted
by the local union for application to the local union’s total fees).
1. Any ATU-represented nonmember employee, whether publicly or
privately employed, who is subject to a union security clause conditioning continued employment on the payment of dues or fees has the right
to become an objector to expenditures not related to collective bargaining, contract administration, grievance adjustment, or other chargeable
expenditures. A current ATU member who chooses not to tender the
full periodic (monthly) dues and assessments uniformly required for the
acquisition or retention of full membership in the union, but who instead
opts to become an objector, must assume nonmember status prior to filing
an objection through these procedures. An objector shall pay reduced fees
calculated in accordance with Section 5.
2. To become an objector,1 an ATU-represented nonmember employee
shall notify the International Secretary-Treasurer in writing of the objection
transmitted during the month of January each year or within thirty (30) days
after assuming nonmember status. Employees who were not subject to an
ATU union security clause as of January in any given year must forward an
objection within thirty (30) days after becoming subject to union security
obligations and receiving notice of these procedures or within thirty (30)
days after assuming nonmember status. The objection shall be signed and
shall specify the objector’s current home mailing address, name the objector’s employer with which the applicable union security arrangements have
been entered into, and identify the ATU local union number, if known. All
objections should be mailed to the International Secretary-Treasurer, 5025
Wisconsin Avenue, NW, Washington, DC 20016-4139 or transmitted by
facsimile to 202-244-7824 with a separate cover page directing such to
the attention of the International Secretary-Treasurer and specifying the
subject thereof to be the “Election of Fee Objector Status.” A person who
wishes to continue an objection in a subsequent twelve (12) month period
shall so provide notice of objection each January.
3. The following categories of expenditure are chargeable to the extent
permitted by law:
a. All expenses concerning the negotiation of agreements, practices
and working conditions;
b. All expenses concerning the administration of agreements, practices and working conditions, including grievance handling, all activities
related to arbitration, and discussion with employees in the bargaining
unit or employer representatives regarding working conditions, benefits
and contract rights;
c. Convention expenses and other normal union internal governance
and management expenses;
d. Social activities and union business meeting expenses;
e. Publication expenses to the extent coverage is related to otherwise
chargeable activities;
f. Expenses of litigation before the courts and administrative agencies related to contract administration, collective bargaining rights and
internal governance;
g. Expenses for legislative, executive branch and administrative agency
representation on legislative and regulatory matters closely related to
contract ratification or the implementation of contracts;
h. All expenses for the education and training of members, officers,
and staff intended to prepare the participants to better perform chargeable activities;
20
IN TRANSIT
and to otherwise nominate and vote for any candidates for union office; the right to participate in the formation
of ATU bargaining demands; the right to vote on contract ratification questions; and the right to enjoy the many
benefits of the Union Privilege Benefits Program, which offers low-interest credit cards, legal and travel services,
prescription drug cards, and life insurance.
The Notice of Statement of Law and Procedures which appears below sets forth the specific means by which
an individual who decides to become a nonmember agency feepayer notwithstanding the above considerations
may lodge and perfect a request for a reduction in the amount of his or her monthly International per capita fee
obligation. (This notice applies only to the International Union expenditures and to the per capita tax portion
of local union dues except where – as is typically the case – the local union has, by voluntary and affirmative
action, adopted this Notice and Statement for application to the local union’s total fees in order to comply with
the dictates of the applicable law in this area.) First implemented two decades ago, this detailed process has been
carefully tailored to satisfy the objectors’ rights to not financially support “nongermane” activities while still
requiring them to share in the full costs of union representation.
As noted, these procedures have been effectively imposed upon us. It remains our opinion that all of our organizing and all the legislative, litigation, and similar activities undertaken by the ATU – some of which tribunals
have indicated may in part be ideological and, therefore, nonchargeable – are essential to improving the working
conditions of all the employees we represent. Still, as a democratic and law-abiding union, we acknowledge and
stand fully prepared to honor an individual’s freedom to choose not to participate as a full member of the ATU
and to not support these essential union endeavors.
The rights are, of course, yours. But for only pennies more per day, you can enjoy the many advantages of
union membership in the ATU.
i. All strike fund expenditures and costs of group cohesion and economic
action, e.g., general strike activity, informational picketing, etc.;
j. All funeral or dismemberment benefits; and
k. A proportional share of all overhead and administrative expenses.
4. Each December, the International Union shall publish these policies
and procedures in the In Transit to provide to ATU-represented employees
notice of their right to object and of the procedures for objecting. The
International shall also send a copy of these policies and procedures to
each person who objected the previous year to inform the person of his
or her right to renew the objection for the current year.
5. The International retains an independent auditor who submits an annual report for the purpose of verifying the percentage of expenditures
that fall within the categories specified in Section 3. Similarly, if the local
union has adopted these procedures for application to its total fees, the
local union arranges for the audit of the records, enabling the local union
to verify annually the percentage of its total expenditures other than the
International per capita tax that is chargeable to objectors. The amount
of the International and local union expenditures falling within Section
3 made during that fiscal year which ended in the previous calendar year
shall be the basis for calculating the reduced fees that must be paid by
the objector for the current calendar year.2 For each objector, an amount
equal to the reduced fees paid by the objector shall be placed in an interestbearing escrow account.
6. The report(s) of the independent auditor(s) shall be completed prior to
the publication of these policies and procedures in December. The report(s)
shall include verification of the major categories of union expenses attributable to chargeable and nonchargeable activities. Local unions which adopt
these procedures shall provide a copy of their independent auditor’s report
to each nonmember employee represented by the local union.
7. In the absence of an exclusive statutory review procedure,3 each objector may challenge the legal and arithmetical bases of the calculations
contained in the independent auditor report(s) by filing an appeal with
the International Secretary-Treasurer. Nonmember objectors in bargaining units covered by the National Labor Relations Act shall also have the
right to seek a determination of any issues relating to these procedures
by invoking the jurisdiction of the National Labor Relations Board. If
such an objector chooses not to invoke the Board’s jurisdiction, or if the
Board defers to these appeal procedures, the nonmember objector’s appeal
shall be filed exclusively with the International Secretary-Treasurer. Any
such appeal must be made by sending a signed letter to the International
Secretary-Treasurer postmarked or transmitted via facsimile no later than
thirty (30) days after the International Secretary-Treasurer has forwarded
a letter to the objector acknowledging receipt of the objection or the date
the National Labor Relations Board affirmatively declines to assert its
reviewing jurisdiction, whichever is later.
8. Except where state law provides an exclusive statutory review procedure
as discussed in Note 3 below or when an objector proceeds before the
National Labor Relations Board as set forth in Section 7, all such appeals
received by the union within the time limits specified above shall be determined by expeditious referral to an impartial arbitrator appointed by
the American Arbitration Association (AAA) under its rules for impartial
determination of union fees and these procedures. The International
Union will notify the AAA that challenges of its fees, which have been
received from one or more individual employees, are to be determined
by an impartial arbitrator and will include the names and addresses of the
individuals who have filed the appeals challenging the union’s fees and
Warren S. George
who should be notified of the proceedings.
a. All appeals filed within any given forty-five (45) day period shall be
consolidated. Appeals shall be heard as soon as the AAA can schedule the
arbitration and shall be at a location selected by the AAA to be the most
convenient for those involved in the proceeding.
b. Each party to the arbitration shall bear its own costs. The challengers
shall have the option of paying a pro-rata portion of the arbitrator’s fees and
expenses. The union shall pay the balance of such fees and expenses.
c. Challengers may, at their expense, be represented by counsel or other
representative of choice. Challengers need not appear at the hearing and
shall be permitted to instead file written statements with the arbitrator no
later than the beginning of the arbitration hearing. Post-hearing statements
maybe filed in accordance with the provisions of Section 8(g).
d. Fourteen (14) days prior to the start of the arbitration, challengers
shall be provided with copies of all exhibits or a list of all such exhibits
intended to be introduced at the arbitration by the union and a list of
all witnesses the union intends to call, except for exhibits and witnesses
the union may introduce for rebuttal. Where a list of exhibits has been
provided, challengers shall have a right to receive copies of such exhibits by
making a written request for them to the International Secretary-Treasurer.
Additionally, copies of all exhibits shall be available for inspection and
copying at the hearing.
e. A court reporter shall make a transcript of all proceedings before
the arbitrator. This transcript shall be the only official record of the
proceedings and may be purchased by the challengers. If challengers
do not purchase a copy of the transcript, a copy shall be available for
inspection by challengers at the International headquarters during
normal business hours.
f. The arbitrator shall have control over all procedural matters affecting
the arbitration in order to fulfill the dual needs of an informed and an
expeditious arbitration. The arbitrator shall set forth in the decision the
legal and arithmetic bases for the decision, giving full consideration to the
legal requirements limiting the amount objectors may be charged.
g. The parties to the arbitration shall have the right to file a post-hearing
statement within fifteen (15) days after both parties have completed submission of their cases at the hearing. Such statements may not introduce
new evidence nor discuss evidence not introduced in the arbitration.
The arbitrator shall issue a decision within forty-five (45) days after the
final date for submission of post-hearing statements or within such other
reasonable period as is consistent with the applicable AAA rules and the
requirements of law.
h. The decision of the arbitrator shall be final and binding on
all findings of fact supported by substantial evidence on the record
considered as a whole and on other findings legally permitted to be
binding on all parties.
i. Upon receipt of the arbitrator’s award, any adjustment in favor of
the challenger will be made from the escrow account.
9. Under Section 18.1 of the ATU Constitution and General Laws,
each local union will be responsible for collecting and transmitting to
the International Union each month from those who have made an
objection the amount of the per capita tax certified as due under these
procedures. In addition, each local will be responsible for developing a
system covering local union fees that will meet the legal requirements
relative to the objectors in the local. If the local union affirmatively
opts to adopt the International procedures concerning fee objections
on an integrated basis, no multiple notice (other than providing its
www.atu.org
Analysis of Objectors' Expenses
independent auditor’s report to nonmember employees represented by the local union), objection, challenge or appeal procedures will be necessary. If, however, the local union adopts an independent system
covering local union expenditures other than per capita tax, such arrangements must, by law, be included
in the local’s procedures. The local’s procedures must, further, at a minimum: (1) establish record-keeping
methods sufficient to permit an accurate calculation of the percentage of the local’s total expenditures that
are chargeable to objectors; (2) provide for an independent audit which will enable the local union to verify
annually the chargeable portion of the local’s total expenditures, the amount of the reduced fees payable
by objectors, and the appropriate escrow amount; and (3) provide objectors a single, expeditious review
of the calculation of the chargeable expenditures before a neutral person not selected by the local. Under
either an integrated or independent local system governing local union fees, each local union is responsible
for collecting only those fees as may be certified as properly due to the local union.
10. The provisions of this procedure shall be considered legally separable. Should any provision or portion hereof
be held contrary to law by a court, administrative agency or arbitrator, the remaining provisions or portions
thereof shall continue to be legally effective and binding. If, after consultation with each other, the International
President or the local union business agent determines that modifications in this procedure are necessary to
maintain compliance with applicable law, such modifications may be made in accordance with the Constitution
and General Laws of the International Union or the bylaws of the local union, as applicable.
Notes
1. ATU-represented public employees in Illinois, Minnesota, Montana, or Oregon who are not members of
the union are automatically considered objectors and are not required to make a filing under the provisions of
Sections 2 and 4 of this Statement of Law and Procedures. The collective bargaining statute applicable to New
Jersey public employers (with the significant exceptions of New Jersey Transit and NJT-Mercer) has the same
impact. Similarly, except where a more stringent union security arrangement was in place on January 1, 1970,
and has been continued in accordance with the “grandfathering” provisions of state law, the Pennsylvania public
employee bargaining statute only permits a fair share union security clause under which every nonmember is
obligated to pay only a reduced fee based upon prior chargeable expenditures. Local unions representing such
members shall forward the names of all such nonmember objectors to the International Secretary-Treasurer,
including the objector’s current home address and employer.
2. In accordance with applicable state laws, the reduced per capita tax owed by nonmember public employee
objectors in Minnesota and New Jersey (except those working for New Jersey Transit or NJT-Mercer) shall be
computed utilizing either the percentage of chargeable expenditures as verified by the report of the independent
auditor retained by the International or eighty-five (85%) percent, whichever is lesser.
3. State statutes covering public employees in Minnesota and New Jersey (again, other than those workers employed
by New Jersey Transit or NJT-Mercer)require that any person wishing to challenge the fees file an action with the
state public employment board (Minnesota) or with a three-member board appointed by the governor specifically
to hear fair share challenges (New Jersey). Where these statutes are applicable, any local union procedure must
provide that the binding expeditious review be through the applicable state process.
Year Ended June 30, 2009
Amalgamated Transit Union Analysis of Objectors’ Expenses Year Ended June 30, 2009
Net (U.S.)
Includable
Expenses
Chargeable
NonChargeable
$ 9,682,551
1,310,060
$ 2,490,342
244,653
91,774
248,818
717,267
1,307,456
30,023
193,998
192,279
374,611
408,960
62,902
122,551
63,412
Allocation
Method
EXPENSES
General Fund
Salaries and expenses
$ 12,172,893
Seminars
1,554,713
Donations, charitable, political
and scholarship expenses
717,267
Per capita taxes
1,307,456
Insurance
121,797
IN TRANSIT expenses
442,816
Net building operating
expenses
255,181
Office and administrative
497,162
Other
472,372
Funeral and Dismemberment
Benefits Fund
Benefits paid
expenses
Defense Fund
Arbitration expenses
Outside legal fees
Legal Department salaries
and expenses
expenses
Other
Building Fund
Depreciation
Convention Fund
Convention expenses
Health Fund
Health care premium expenses
Organizing Fund
Total expenses
Totals
Percentage
Time Records
Content
Non-Chargeable
Non-Chargeable
Time Records
Space and Content
Time Records
Time Records
Various
959,833
959,833
-
100% Chargeable
102,072
102,072
-
100% Chargeable
87,277
258,772
87,277
257,630
1,142
100% Chargeable
Identified by case
1,182,914
740,335
442,579
153,108
95,109
105,338
57,114
47,770
37,995
Time Records
Specific
Identification
248,858
187,514
61,344
Time Records
17,953
17,953
-
2,624,962
1,977,909
423,605
$ 23,696,120
100.00%
$ 16,802,028
Time Records
100% Chargeable
647,053
Time Records
423,605
100% Non-Chargeable
$ 6,894,092
70.91%
29.09%
Amalgamated Transit Union - Analysis of Objectors' Expenses - Year Ended June 30, 2009
To the Chair and Members of the General Executive Board of the
NOTES TO ANALYSIS OF OBJECTORS’ EXPENSES
YEAR ENDED JUNE 30, 2009
We have audited the accompanying Analysis of Objectors’ Expenses of
the Amalgamated Transit Union (the Analysis) for the year ended June 30,
2009. The Analysis is the responsibility of the Union’s management. Our
responsibility is to express an opinion on the Analysis based on our audit.
We conducted our audit in accordance with auditing standards generally
accepted in the United States of America. Those standards require that
we plan and perform the audit to obtain reasonable assurance about
whether the Analysis is free of material misstatement. An audit includes
consideration of internal control over financial reporting as a basis for
designing audit procedures that are appropriate in the circumstances, but
not for the purpose of expressing an opinion on the effectiveness of ATU’s
internal control over financial reporting. Accordingly, we express no such
opinion. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the Analysis, assessing the accounting
principles used and significant estimates made by ATU’s management, as
well as evaluating the overall presentation of the Analysis. We believe that
our audit provides a reasonable basis for our opinion.
As described in Note 1, the Analysis was prepared on a modified cash
basis of accounting, which is a comprehensive basis of accounting other
than generally accepted accounting principles.
The total net (U.S.) includable expenses presented in the Analysis agree to
the expenses in the audited financial statements of the Amalgamated Transit
Union for the year ended June 30, 2009, as modified as discussed in Note 3.
The allocations of expenses between chargeable and non-chargeable are based on
the descriptions and the significant factors and assumptions described in Note
2. The accompanying Analysis was prepared for the purpose of determining
the amount of the Union’s expenses that are chargeable or non-chargeable to
fee objectors. The accompanying Analysis is not intended to be a complete
presentation of the Union’s financial statements.
In our opinion, the Analysis referred to above presents fairly, in all material
respects, the includable expenses of the Amalgamated Transit Union for the
year ended June 30, 2009, and the allocation between chargeable and nonchargeable expenses, on the basis of accounting described in Note 1 and
significant factors and assumptions described in Note 2.
This report is intended solely for the information and use of the
Amalgamated Transit Union and its fee objectors and is not intended to be
and should not be used by anyone other than these specified parties.
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Method of Accounting - The Analysis is presented using a modified
cash basis of accounting. Generally, expenses are recognized when paid
rather than when the obligation is incurred. However, accruals of
expenses are recorded for certain transactions with local unions, funeral
benefits and other items.
Depreciation - Depreciation of property and equipment is charged
to operations over the estimated useful lives of the assets using the
straight-line method.
Benefit Payments - The Union’s Constitution and General Laws provide
for the payment of a $1,000 funeral or dismemberment benefit on behalf of
members and fee payers in good standing with one or more years of continuous
membership or fee payment at the time of their death or dismemberment. An
expense is recognized for the benefit for life members at the time they become
life members. The costs associated with this benefit for other members and
fee payers are accounted for upon disbursement of the benefit.
Estimates - The preparation of this Analysis requires management to make
estimates and assumptions that affect the reported amounts of expenses during
the reporting period. Actual results may differ from those estimates.
Washington, DC
Dated: September 18, 2009, except for the allocation of expenditures
described in Note 2 as to which the date is November 9, 2009
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NOTE 2. PURPOSE OF ANALYSIS OF OBJECTORS’ EXPENSES
AND SIGNIFICANT FACTORS AND ASSUMPTIONS USED IN
DETERMINING CHARGEABLE AND NON-CHARGEABLE EXPENSES
The purpose of this Analysis is for the determination of the percentage
of fee objector dues (or their equivalent) expended by the Union for
chargeable activities. Expenses for chargeable activities are those deemed
“necessarily or reasonably incurred” to execute the representational duties
of the Union. The percentage of Union expenses deemed not chargeable
is used for determining advance dues (or their equivalent) reduction for
fee objectors for the subsequent calendar year.
The procedures followed in the preparation of this Analysis include
categorization of each classification of expenses by chargeable and non-chargeable
activities. This is accomplished by analyzing each classification of expenses and
identifying amounts which are either chargeable or non-chargeable.
The Union engaged professional assistance to determine criteria for
identifying chargeable and non-chargeable expenses. The procedures and
significant factors and assumptions used in this Analysis in determining
these expenses are as follows:
A.All expenses are identified by fund and reconciled to the Union’s
annual financial statements.
B. Canadian expenses within each fund are eliminated.
C. Certain interfund transfers are recorded to more accurately reflect the
Union activity for which certain expenditures were made.
D. Expenses are analyzed to identify chargeable and non-chargeable
amounts using the following criteria:
1. Chargeable expenses include:
• All expenses concerning the negotiation of agreements, practices
and working conditions;
• All expenses concerning the administration of agreements,
practices and working conditions, including grievance handling,
all activities related to arbitration and discussion with employees in
the bargaining unit or employer representatives regarding working
conditions, benefits and contract rights;
• Convention expenses and other normal Union internal governance
and management expenses;
• Social activities and Union business meeting expenses;
• Publication expenses to the extent coverage is related to chargeable
activities;
• Expenses of litigation before the courts and administrative agencies
related to contract administration, collective bargaining rights and
internal governance;
• Expenses for legislative, executive branch and administrative agency
representation on legislative and regulatory matters closely related
to contract ratification or the implementation of contracts;
• All strike fund expenditures and other costs of group cohesion
and economic action, e.g., demonstrations, general strike activity,
informational picketing, etc.;
• All expenses for the education and training of members, officers
and staff intended to prepare the participants to better perform
chargeable activities;
• All funeral and dismemberment benefits; and
• An allocable amount of all net building expenses.
2. Non-chargeable expenses include all other expenses.
E. For those expenses which have both chargeable or non-chargeable
aspects, allocations are made using certain ratios. Significant ratios
used for these allocated expenses include ratios based on salary costs
supported by time records and other ratios such as printed line ratios
for allocation of certain publication costs.
NOTE 3.RECONCILIATION OF ANALYSIS TO AUDITED
FINANCIAL STATEMENTS
The expenses included in this analysis are based upon the total
expenses of $27,050,928 reported in the audited financial statements of
the Amalgamated Transit Union modified for the following:
$3,260,008 in Canadian expenses has been excluded from this
analysis.
$94,800 relating to various expenses which have been offset by
corresponding revenue items have been excluded from this analysis.
NOVEMBER
NOVEMBER/DECEMBER
/ DECEMBER 2008
2009
21
In Memoriam
Death Benefits Awarded September 1, 2009 - October 31, 2009
1- MEMBERS AT LARGE
EUGENE C CERRETA
CHARLES H COOMBER
ANDREW J DAUGHERTY
ERVIN WILLIAM FREECK
JACK JOSEPH FREITAG
WILLIAM JURGEVICH
DELMER D LANGSTON
JACK H SANDERS
HENRY R SCHIETRUMPF
22- WORCESTER, MA
AUSTIN L CARROLL
85- PITTSBURGH, PA
JOHN BREITWEISER
RAYMOND L CARAZZO
JAMES W DAPPRICH
RAPHAEL MITCHELL
WILLIAM J O’LARE
JAMES RENO ROMANELLI
MELVIN VERN THORNE
107- HAMILTON, ON
NELSON ZIEBARTH
113- TORONTO, ON
GIL J BAKER
NORMAN FREDERICK BELL
ANTONIO DESIMONE
PETER FALCONI
DOMENICO GIANNITTI
JAMES JOSEPH LYNCH
VINCENZO MONARDO
ROCCO PATERNA
RAYMOND PETER PECK
VICTOR POKRACHEVSKI
WILHELM R SCHUMACHER
PATRICK ROLAND SHEA
IRVING I SNOW
DOUGLAS A WALKER
CALVIN WARREN
192- OAKLAND, CA
CHARLES SKAGGS
HOWARD ROY SPESERT
241- CHICAGO, IL
SANTIAGO ALMODOVAR
JOHNIE R BOURNE
DONALD J BURTON
STEPHEN J CONWAY
CHARLES DORTCH JR
JAMES HANDY
CHESTER K LARKIN
CURTIS LYONS JR
JAMES A MOONE
22
22
INTRANSIT
TRANSIT
IN
EVERETT E ODLE
MYRIAM SAMPSON
PATRICK J SCIORTINO
LYNN C WILKERSON
265- SAN JOSE, CA
WAYNE S BURGESS
LUTHER TOM GRAY
JOAN L SEMON
268- CLEVELAND, OH
EDWARD F BARABAS
THOMAS W DAVIS
EDWARD J WHITE
276- STOCKTON, CA
ANTHONY M HOPKINS
BETTYE L MORRIS
282- ROCHESTER, NY
JIMMIE L WRIGHT
308- CHICAGO, IL
RONALD COSLEY
WALTER HUBBARD
HELEN R KRALJ
MINNIE L NEAL
ANGEL ROSADO
JOHN A THOMAS
PATRICIA M TRANT
381- BUTTE, MT
EMMETT HANLEY
425- HARTFORD, CT
JOSEPH COLLINS
EDWARD THERAULT
508- HALIFAX, NS
ROBERT I BRODERICK
517- GARY, IN
WILLIAM J HUEY
568- ERIE, PA
LEWIS J HOWLES
569- EDMONTON, AB
HARRY E AIDLA
MURRAY R BANMAN
JOHN T EVANS
CLARENCE WHITE
580- SYRACUSE, NY
GEORGE L STILLMAN
583- CALGARY, AB
GARTH BECKER
GEORGE BURCHILL
WILLIAM L HAUCK
HUGH G PRITCHARD
587- SEATTLE, WA
ALFRED W CRAMPTON
RONALD G DOHRN
C J FARR
ROY G HAMMAN
WILLIAM L MC KNIGHT
KENNETH A MONTGOMERY
589- BOSTON, MA
RAYMOND G BATES
ROBERT A CARTER
PAUL A COLE
MILLARD F GRIMES
WILLIAM B HOEY JR
JAMES T HUGHES
THOMAS E MARSHALL
PHILIP C RACIOPPI
JOSEPH W REARDON
VENTURA WILSON
732- ATLANTA, GA
TARRENCE T DAILEY
TOMMY TINKER PHILLIPS
CHARLES B TARLETON
HERMAN FARRAR TODD
757- PORTLAND, OR
KENNETH E DUKES
DONIA P GARCIA
JOSEPH M GRIESENAUER
ROSELLA HALFORD
REINO E KARJALAINEN
KATHY L MONKS
DOUGLAS S SERNIOTTI
758- TACOMA, WA
PHYLLIS WEAVER
618- PROVIDENCE, RI
STEVEN D ROBINSON
788- ST. LOUIS, MO
MICHAEL L DICKERSON
ANGELO L GALATI
FRANK J JANISCH JR
WALTER O PARKER
WILLIAM C SEAWOOD
ALICIA NICHOLE’ SMITH
627- CINCINNATI, OH
DANNY R COX
RAYMOND M GUNDRUM
DONALD E HOCKEMEYER
JAMES C JEFFERS
819- NEWARK, NJ
DAVID A BRENNAN
VINCENT P FORTE
NICHOLAS MORESCO
AIWANDO SANTIAGO
689- WASHINGTON, DC
ROBERT K BUTLER SR
BOBBY U CARTER
HERBERT E DANIELS
LEONARD T ESHMONT
JOHN R GROVES
THOMAS GILMORE LONNEY
JOHN T MOORE
ELLIS LEE OLIVER
STANLEY QUILL
ROBERT M THOMAS
SHIRLEY C THURMAN
JIMMIE ELLIS WOODFIN
717- MANCHESTER, NH
GILBERT ARNOLD ESTEY
PAUL E LAROCHELLE
725- BIRMINGHAM, AL
LELDON B FARLEY
J WITHERSPOON JR
726- STATEN ISLAND, NY
WILLIAM BOYD
MICHAEL MANCUSO
1001- DENVER, CO
JOHN P ARAGON
LLOYD E BEHRENS
W C BYERS
CARROL G DUPREY
BERNARD L HERBAUGH
1005- MINNEAPOLIS &
ST. PAUL, MN
DONALD O HOLMSTROM
RONALD L LLOYD
MICHAEL J TERRY
RICHARD F VINAR
1015- SPOKANE, WA
JOHN I PETERSON
1093- KALAMAZOO, MI
EARNEST M WHITAKER
1177- NORFOLK, VA
L W CARROLL
LORRAINE E MOSELEY
JOHN H PERRY
1179- NEW YORK, NY
FAUSTINO A DILIBERTO
1181- NEW YORK, NY
RALPH ALFANO
THERESA BACCARI
MILDRED COLON
BENJAMIN R COPPA
820- UNION CITY, NJ
JOSEPHINE DINAPOLI
EDUARDO ABARCA
LILLIAN GUARINO
RICHARD HENKEL
GEORGE KATSOULAKIS
824- NEW BRUNSWICK, NJ DONNA MARIE PIANUCCI
SOPHIE SALEMME
VICTOR VERGARI
PAUL SANTORA
RICHARD TAYLOR
836- GRAND RAPIDS, MI
SARAH W ZUCHOWSKI
DONALD R TAKAS
842- WILMINGTON, DE
STEPHEN B WALTERS
880- CAMDEN, NJ
ALBERT W LANING
HERSCHEL SAPP
ALBERT SEARS
966- THUNDER BAY, ON
MORRIS WAYWANKO
998- MILWAUKEE, WI
THOMAS J MORANO
ROBERT H SEIBERLICH
1235- NASHVILLE, TN
JAMES E OWENS
JOSEPH L WILLIAMS
1241- LANCASTER, PA
JERE CLIFFORD MARTIN
1267- FT.LAUDERDALE, FL
WILLIAM J WALLIN
1277- LOS ANGELES, CA
ALFRED L BYRD
TIMOTHY M GRODELAND
IGNACIO S MONTES
1287- KANSAS CITY, MO
PAUL R HARRIS
1321- ALBANY & TROY, NY
FRED CHARLES NEUMANN
1342- BUFFALO, NY
HENRY J BLENSKI
RICARDO J ROSS
JOSEPH WINIARZ
1356- SIOUX FALLS, SD
IDA EISENBRAUN
1374- CALGARY, AB
MARY J LEADER
KENNETH G MC LEAN
1385- DAYTON, OH
BOBBY H BARTLEY
ROLANDO MOORE
1447- LOUISVILLE, KY
LESLIE MITCHEL BRIGHT
1498- JOPLIN, MO
EARL E CHAMBERLIN
RAY EDWARD LYONS
1505- WINNIPEG, MB
GEORGE BIRCHALL
HAROLD R MARSCH
1512- SPRINGFIELD, MA
WILLIAM FONTANELLA
1548- PLYMOUTH, MA
ARNOLD E GOULD
1555- OAKLAND, CA
MARVIN J MOERSFELDER
1625- BUFFALO, NY
WALTER HARGRO
1700- CHICAGO, IL
FRED PETER DACZKA
WILLIAM H DEVENEY
BERNARD L ROBINSON
JOSEPH M ROBINSON
1733- VERNON HILLS, IL
JAMES HALL
1753- VENETIA, PA
DAVID SHARBAUGH
www.atu.org
www.atu.org
AFL-CIO/CLC
5025 Wisconsin Ave., NW
Washington, D.C. 20016
www.atu.org
PRINTED IN U.S.A.
NON-PROFIT ORG.
U.S. POSTAGE
PAID
WASHINGTON, D.C.
PERMIT NO. 2656
PROUD TO BE ATU
Moving the U.S. and Canada Safely
Newark Member Fights for Working Families
R
ay Greaves, a member of ATU Local 819 in Newark, NJ, has a very
personal reason for being involved in the labor movement. “I lost my
father when I was 15 years old, but he instilled the union movement in my
heart and soul and, in a way, my involvement with the union keeps me close
to him,” said Greaves, who recalled walking the picket lines with his father
at a young age.
In his 24 years as a union member, Greaves has volunteered for a
variety of activities, including organizing drives, labor walks, phone banks,
political activities, community outreach and legislative initiatives. His most
memorable activity was helping to organize the employees of the Union
County Para Transit Authority. “To see the pride in the faces of the members
who stuck it out through the process after we won was something I will
never forget,” recounted Greaves.
union members to public offices ranging from the municipal level right
up to the State Assembly.
Greaves says he owes a lot to his fellow union activists. “I am very
fortunate to be associated with so many good union people in the ATU
and in New Jersey. I can’t name them all, but when they read this, they
will know who they are. I thank them for keeping the wheels moving in
the right direction.”
Keeping the Wheels Moving in the Right Direction
Greaves thinks it’s especially important for union members to be involved
in politics and to work to elect labor-friendly candidates who share our
concerns. “Collectively, we can fight for matters that are important to
working families, such as health care reform, the freedom to join a union,
and funding,” he said.
“It is also important to elect our own members to political offices at
all levels of government,” said Greaves. In the recent state-level elections
in New Jersey, Greaves worked along with the AFL-CIO to help elect 39
ATU Activist Ray Greaves, 819-Newark, NY, seen here with then-Senator Hillary Clinton,
believes it’s especially important for union members to be involved in politics and to work to
elect labor-friendly candidates who share our concerns.

D 2 0 0 9 www . atu . org - Amalgamated Transit Union

Transcription

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