United States Version PDF - Amalgamated Transit Union
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United States Version PDF - Amalgamated Transit Union
2 0 0 8 nov/dec w w w . a t u . o r g Seasons Greetings Official Journal of the Amalgamated Transit Union AFL-CIO/CLC from the International Officers and Staff AMALGAMATED TRANSIT UNION INTERNATIONAL OFFICERS WARREN S. GEORGE International President MICHAEL J. SIANO MESSAGE DU PRÉSIDENT INTERNATIONAL PAR WARREN S. GEORGE VOUS AVEZ RÉUSSI! Les mots ne peuvent pas exprimer la fierté que je ressens pour le travail que les membres de l’ATU ont fourni pour cette élection. OSCAR OWENS Comme vous pouvez le constater par les photos figurant dans ce magazine et les photos et vidéos qui sont sur le site web de l’ATU, les membres de l’ATU, de tous les coins du pays - dans les états en ballottage et dans les autres états - de toutes les races et des deux sexes et de toutes les croyances religieuses ont contribué à cet effort historique. International Vice Presidents TOMMY MULLINS Je veux dire merci aux membres tels qu’Arnold Kuba d’Alexandria, VA, 689; Lee Lasse et Tom Shakelford, tous les deux d’Eugene, OR 757, Rudolph Markoe, 26, de Detroit, MI; Phil Swanhorst, 1310, d’Eau Claire, WI; Bob Mazzei, 85 (retraité) de Pittsburgh, PA; Sheila Roberson, 682 de Fort Wayne, IN et Charles Endsley de St. Joseph, MO, 847, tous avec des centaines de membres de l’ATU de tout le pays qui ont sacrifié du temps loin de leur famille et de leurs amis pour aider à élire un président, un congrès et un sénat amis des travailleurs International Executive Vice President International Secretary-Treasurer Roanoke, VA – tmullins@atu.org JOSEPH WELCH Syracuse, NY RODNEY RICHMOND New Orleans, LA – rrichmond@atu.org DONALD T. HANSEN Tenino, WA – dhansen@atu.org ROBERT H. BAKER Washington, DC – bb@atu.org LARRY R. KINNEAR 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 CHARLES COOK Merci J’aimerais sincèrement pouvoir remercier individuellement tous ceux d’entre vous qui se sont portés volontaires mais vous êtes trop nombreux. Veuillez considérer cette colonne du magazine comme un témoignage de mes humbles et sincères remerciements pour chaque heure pendant laquelle vous vous êtes portés volontaires, pour chaque coup de téléphone, chaque porte à laquelle vous avez frappé et chaque tract que vous avez distribué. En agissant ensemble vos efforts ont fait une différence immense et ont contribué à assurer le 4 novembre une victoire écrasante pour toutes les familles de travailleurs. L’effort ne s’arrête pas maintenant Cet effort ne s’arrête pas maintenant. Je vous promets que l’ATU Internationale continuera à travailler pour représenter vos intérêts et pour s’assurer que vos voix seront entendues par le nouveau Président et le Congrès. Nous continuerons à pousser pour obtenir une couverture universelle de santé, pour que soit adopté l’acte sur la liberté de choix des employés, pour que soit augmenté le financement des transports fédéraux en commun et pour que soient maintenues nos protections de la « Section 13(c)». J’espère que vous vous joindrez à nous en vous maintenant informés sur les sujets traités par l’ATU en lisant ce magazine, le site web de l’ATU (atu.org) et en vous inscrivant sur le site web pour recevoir les courriers électroniques de l’ATU. Une fois de plus recevez tous mes remerciements. Dieu vous bénisse ainsi que vos familles pour cette prochaine période de vacances et la nouvelle année. Petaluma, CA – ccook@atu.org WILLIAM G. McLEAN Reno, NV – wmclean@atu.org UN MENSAJE DEL PRESIDENTE INTERNACIONAL POR WARREN S. GEORGE RONALD J. HEINTZMAN ¡USTEDES LO LOGRARON! JANIS M. BORCHARDT No se puede expresar en palabras lo muy orgulloso que yo estoy del trabajo que los miembros de la ATU realizaron en esta elección. Mt. Angel, OR – rheintzman@atu.org 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 International Representatives RAY RIVERA Lilburn, GA– rrivera@atu.org MARCELLUS BARNES Flossmoor, IL – mbarnes@atu.org YVETTE SALAZAR Thornton, CO – ysalazar@atu.org ANTHONY WITHINGTON Sebastopol, CA – awithington@atu.org VIRGINIA LEWIS Charleston, SC – vlewis@atu.org Canadian Council ROBIN G. WEST Canadian Director 61 International Boulevard, Suite 210 Rexdale, ON M9W 6K4 director@atucanada.ca Como puedes ustedes notar en las fotografías que aparecen en esta revista y en las fotografías y videos mostradas en el sitio Web de ATU, miembros de ATU de todos los rincones del país – en los estados que fueron campos de batalla y en aquellos que no lo fueron, desde cada grupo racial y de género, y de diferentes creencias religiosas y antecedentes personales contribuyeron a este histórico esfuerzo. Yo quiero darles las gracias a miembros como Arnold Kuba de Alexandria, VA, 689; Lee Lasse y Tom Shakelford, ambos de 757, from Eugene, OR; Rudolf Markoe, 26, de Detroit, MI; Phil Swanhorst, 1310, de Eau Claire, WI; Bob Mazzei, 85 (ret.), in Pittsburgh, PA; Sheila Roberson, 682, in Fort Wayne, IN; and Charles Endsley from St. Joseph, MO, 847 – todos los cuales, conjuntamente con cientos de otros miembros de ATU a través de todo el país, sacrificaron tiempo alejados de sus familias y amigos a fin de ayudar a elegir a un presidente amigo de los trabajadores, y amigos en la Cámara y en el Senado. Muchas Gracias Verdaderamente yo quisiera poder darles las gracias a todos y cada uno de los miembros que se presentaron individualmente como voluntarios, pero hay un número demasiado grande de todos ustedes. Por favor, consideren esta columna como mis más humilde y sincero agradecimiento por cada hora que ustedes sirvieron como voluntarios, por cada llamada telefónica que ustedes hicieron, por cada puerta en la que ustedes tocaron, y por cada folleto o panfleto que ustedes distribuyeron. Colectivamente, sus esfuerzos hicieron una enorme diferencia y ayudaron a entregar una abrumadora victoria para las familias trabajadoras el día 4 de noviembre. EL Esfuerzo no Termina Ahora Este esfuerzo no termina ahora. Yo les prometo que la unión internacional ATU continuará trabajando para representar vuestros intereses y asegurarnos de que sus voces sean oídas por el nuevo Presidente y Congreso. Nosotros continuaremos abogando por un cuidado de la salud con cobertura universal, por la promulgación de la Ley La Libre Opción del Empleado, a favor de aumentos en el financiamiento federal del tránsito, y la preservación de las protecciones contenidas en nuestra “Sección 13 (c).” Yo espero que todos ustedes se unirán a nosotros en este esfuerzo manteniéndose informados y actualizados sobre temas de la ATU a través de esta revista, el sitio Web de ATU (atu.org), e inscribiéndose para recibir alertas vía correo electrónico a través del sitio Web en la Internet. Una vez más, yo les doy las gracias más expresivas. ¡Que Dios los bendiga a todos ustedes y a sus respectivas familias en estas festivas estaciones de navidades y del nuevo año! 2 IN TRANSIT www.atu.org A MESSAGE FROM THE INTERNATIONAL PRESIDENT You Did It! W ords simply can not express how proud I am of the work ATU members put into this election. As you can see from the photos in this magazine and the photos and videos on the ATU website, ATU members from every corner of the U.S. – in battleground states and non-battleground states - from every race and gender, and from different religious beliefs and backgrounds contributed to the historic effort. I want to say thank you to members like Arnold Kuba from Alexandria, VA, Local 689; Lee Lasse and Tom Shakelford, both Local 757, from Eugene, OR; Rudolph Markoe, Local 26, from Detroit, MI; Phil Swanhorst, Local 1310, from Eau Claire, WI; Bob Mazzei, Local 85 (ret.), in Pittsburgh, PA; Sheila Roberson, Local 682, in Fort Wayne, IN; and Charles Endsley, Local 847, from St. Joseph, MO – all of whom, along with hundreds of other ATU members across the country, sacrificed time away from their families and friends to help elect a worker-friendly president, Senate and House. ‘Please consider this column my humble and sincere thanks…’ THANK YOU I truly wish I could thank each and every member who volunteered individually, but there are just too many of you. Please consider this column my humble and sincere thanks for every hour you volunteered, every phone call you made, every door you knocked on, and every leaflet you passed out. Collectively, your efforts made a huge difference and helped to deliver an overwhelming victory for working families on November 4. EFFORT DOES NOT END NOW This effort does not end now. I promise you that the ATU International will continue to work to represent your interests and make sure your voices are heard by the new president and Congress. We will continue to push for universal health care, for passage of the Employee Free Choice Act, for increases in federal transit funding, and preservation of our “Section 13(c)” protections. I hope you will all join us in this effort by keeping up to date on ATU issues through this magazine, the ATU website (atu.org), and by signing up for ATU email alerts through the website. Again, I say thanks. May God bless you and your families in this holiday season and in the new year. www.atu.org NOVEMBER/DECEMBER 2008 3 nov/dec 2008 Vol. 117, No. 6 w w w . a t u . o r g Contents 2 International Officers & General Executive Board International President’s Message in French & Spanish 3 International President’s Message You Did It! 4 Magazine Index 5 International Executive Vice President’s Message Wishes for 2009 6 International SecretaryTreasurer’s Message Understanding Your Pension During the ‘Economic Crisis’ 7 News From The Front Lines Vancouver, BC’s HandyDart Workers Vote to Consolidate into ATU 8 Workers Win, Corporate Interests Lose in Election Poll Shows Strong Support for EFCA Despite Corporate Campaign 9 Canadian Agenda Canadians Elect Second Highest Number of New Democrats to Parliament 10 Legislative Report A Pivotal Time 11 New York Maintenance Workers Sue Diesel Makers Over Health Problems 12 NDP Proposes 1¢/Litre Transit Gas Tax 13 Tony Withington, Int. Rep. 1976 Strike Motivation Behind New International Representative’s Activism 3 You Did It! 8 16 Labor Lingo: R to Z 17 Arbitration Decisions Workers Win, Corporate Interests Lose in Election Poll Shows Strong Support for EFCA Despite Corporate Campaign 9 Canadian Agenda Canadians Elect Second Highest Number of New Democrats to Parliament 10 Legislative Report: 14 ATU Activists Help Elect Obama, Labor-Endorsed Candidates A Pivotal Time Members Integral Part of Massive Labor Mobilization 13 Virginia Lewis, New Int. Rep. Charleston, SC Member Goes From Cooking to International Representative 14 ATU Activists Help Elect Obama, Labor-Endorsed Candidates A Message from the International President 20 Legal Notice for Fair Share Fee-Payers 18 Local News 20 Legal Notice for Fair Share Fee-Payers 22 In Memoriam 23 ATU MS Research Tournament Brings Year’s Fundraising Total to $144,159.51 24 With Your Help, We Did It! 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, Assistant: 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 WISHES FOR 2009 E ach year at this time, I write down my thoughts, prayers and wishes for the new year and share them with you. In past holiday columns, I have told you about my thoughts on ending the senseless war in Iraq, electing a president who wakes up every morning thinking about working families, and other critical matters important to all of us. My laundry list for 2009 is longer than usual. Maybe it is because the recent elections have restored my faith in people and given me hope that there is much that we can achieve. HOPE Next year, I hope that each member of the ATU can go to sleep at night without having to worry about whether their home is the next one on the block set for foreclosure. I hope that your retirement savings and the money that you have set aside for your children’s education will recuperate, despite the incredible greed of Wall Street’s corporate thugs. ‘‘...if you are employed, and you are surrounded by friends and family with a roof over your head, consider yourself fortunate.’ I hope that the price of gasoline will decline further so that you won’t have to think twice about traveling to see family and friends who provide you with comfort during these difficult times. I hope that the 47 million Americans who have no health insurance will soon no longer have to choose between buying food and getting medical care. I hope that the ATU members throughout North America will get the protections they need in the wake of heinous attacks of our drivers and passengers on transit and intercity buses. I hope that any of our members who were laid off in 2008 due to these economic times get their jobs back soon. Finally, I hope that unions will once again rise up and provide working families with a voice in this changing world. FRIENDS AND FAMILY If you do not get exactly what you want for the holidays this year, you are not alone. Experts say that this is expected to be the slowest shopping season in decades. During these difficult times, if you are employed, and you are surrounded by friends and family with a roof over your head, consider yourself fortunate. I know that I do. On behalf of my wife Judy and our entire family, I wish you a peaceful 2009. www.atu.org NOVEMBER/DECEMBER 2008 5 A MESSAGE FROM THE INTERNATIONAL SECRETARY-TREASURER UNDERSTANDING YOUR PENSION DURING THE ‘ECONOMIC CRISIS’ ‘Without a doubt, pension plans serve a vital role in retirement security and are worth preserving.’ A s our members try to weather the economic downturn, it is an important time to assess and understand what is happening to both private and public sector pensions in the United States. Many of our members have pension plans and they, like me, are concerned about the security of these retirement funds in light of the present economic crisis. This is of particular concern for our retired members. So without window dressing, I will try to generally explain the economy’s affect on these retirement plans. (If you need to know details pertaining to your specific pension plan you should talk with your local union.) ‘DOUBLE-WHAMMY’ Under the current economic crisis, private pension plans are suffering from a “double whammy.” The Pension Protection Act of 2006 – which became effective in 2008 – generally requires accelerated-funding of pension plans. Earnings from the equity market help to fund the plans. Big losses in the market, however, lead to the need for significant increases in pension contributions that will generally require private plans to consider one of three choices, each of which is less than ideal for our members: The first choice is to keep the same benefits with large increases in the contributions as stated above. During collective bargaining this alternative will, of course, adversely affect other financial benefits such as take-home pay or health insurance benefits. The second option is a decrease in the accrual of future pension benefits which will result in lower benefits at retirement and less retirement security. Finally, a third option is for the union and the employer to terminate the pension plan and replace it with a 401(k) plan. Of course, this final option is the least palatable of the potential scenarios because there is no guarantee of retirement security amounts under a 401(k), as the potential payouts are based on the profits from the investments. PUBLIC SECTOR PENSIONS SOMEWHAT BETTER Most of our U.S. locals, though, have members participating in public sector pension plans. These are in somewhat better shape than those generally found in the private sector, although just barely. They are healthier because they are not subject to the accelerated funding requirements imposed on private sector pensions by the Pension Protection Act. Due to the financial market conditions, however, these plans are similarly pressured by the threat of underfunding. These locals, then, are also forced to consider either increasing contributions or lowering benefits. Nevertheless, because the funding guidelines for public sector pensions are not as strict, governmental plans generally have more flexibility to “weather the current storm.” Without a doubt, pension plans serve a vital role in retirement security and are worth preserving. To the extent possible these plans should remain intact through the economic crisis. My sincere hope is that under the gifted leadership of President Barack Obama, this storm will be short-lived and our pensions will continue to be safe and secure! Have a happy holiday season and a happy new year! 6 IN TRANSIT www.atu.org N E W S F R O M T H E FRONT LINES Vancouver, BC’s HandyDart Workers Vote to Consolidate into ATU O n January 1, 2009, when MV Transportation takes over all HandyDart operations in Vancouver, BC, all of its operators will be represented by ATU Local 1724. Presently HandyDart operations are run by many different employers and represented by three different unions – ATU, the Canadian Auto Workers (CAW) and the BC Government Employees’ Union (BCGEU) – plus one non-union group. However, now that MV Transportation has been awarded all HardyDart operations, come January 1, the three unions involved agreed it was best that one union represent all. Therefore on October 30, a vote was held by the BC Labour Relation Board to see which union would have the honour of representing the entire membership. OUTNUMBERED Local 1724 members went into that vote knowing full well that they were outnumbered by more than three to one, as there were only 160 ATU members out of the total of 517 employees. CAW had the vast majority of HandyDart’s union members. BCGEU decided not to be on the ballot, so the vote came down to ATU and CAW, with ATU winning the vote. These new members will officially come over to Local 1724 on January 1, 2009, and we welcome them with open arms into our Union, growing Local 1724’s membership from 160 to 517, and giving the ATU the strength to finally bargain as one, for the betterment of all. www.atu.org — Robin West, ATU Canadian Director NOVEMBER/DECEMBER 2008 7 WORKERS WIN, CORPORATE INTERESTS LOSE IN ELECTION POLL SHOWS STRONG SUPPORT FOR EFCA DESPITE CORPORATE CAMPAIGN D espite an extraordinary $20 million spent in nine U.S. battleground states to defeat candidates on November 4 who support the Employee Free Choice Act (EFCA), voters soundly rejected this misleading anti-union campaign from corporate interests and overwhelmingly backed candidates who support working families. A poll by Peter D. Hart Research Associates commissioned by American Rights at Work shows that anti-union advertising was among the least important factors in determining voters’ choices for Senate, and further indicated that they continue to support making it easier for workers to join unions. Throughout this historic campaign, the economy has been the most dominant issue on the minds of American voters. But as the middle class bore the burden of this struggling economy, corporate interest groups have vigorously fought to mislead the public on the EFCA – a reasonable legislative proposal that would help restore balance in this economy by making it easier for workers to form unions. EFCA NOT A WEDGE ISSUE According to David Bonior, chair of American Rights at Work, “No matter how hard corporate interests tried to mislead voters, it just didn’t work. State by state, millions were spent, but the fact remains the Employee Free Choice Act never became the wedge issue corporate interests sought.” In fact, not only did the opponents of the Employee Free Choice Act fail to affect these races, often those candidates supporting the bill steadily rose in the polls despite massive advertising on the issue. The poll reveals that nearly two-thirds (60%) of voters believe even in these tough economic times, it is important to pass the Employee Free Choice Act, and nearly one-third (31%) of voters strongly believe it should be a priority for Congress. OBAMA, NEW SENATORS SUPPORT MEASURE President-elect Barack Obama has already signaled his strong support of the measure: “I’ve fought to pass the Employee Free Choice Act in the Senate. And I will make it the law of the land when I’m president…” (Philadephia, 4/2/08). Newly-elected Senators Kay Hagen, Mary Landrieu, Jeff Merkley, Jeanne Shaheen, and Mark Udall also voiced their strong support for the bill, despite the millions of dollars spent in a misleading campaign waged against them for their stance. “We have only seen the beginning of the fight to restore workers’ rights in this country as we can expect more sound and fury from opponents of this bill,” Bonior commented. “But voters have clearly spoken. In our current economic climate, the American public is hungry for measures to strengthen the middle class, and our new Congress should heed this call and make it a priority to pass the Employee Free Choice Act.” 8 IN TRANSIT www.atu.org canadianagenda Canadians Elect Second Highest Number of New Democrats to Parliament T he October 14 Canadian federal election resulted in Canada’s third consecutive minority government, re-electing Prime Minister Stephen Harper and the Conservative Party. Though the Conservatives fell 12 seats short of a majority government, their minority was strengthened to 143 seats, up from 127 in the 2006 election. NEW DEMOCRATS WIN 37 SEATS Significantly, for trade unionists, voters gave the New Democratic Party a stronger mandate, electing the labour-oriented party’s second largest caucus ever, receiving 18.2 percent of the vote, and 37 seats in the House of Parliament. NDP candidate Linda Duncan was elected in staunchly conservative Alberta, and 17 New Democrats were elected in Ontario – virtually sweeping the northern area of the province. NDP Leader Jack Layton has promised that in the current economic climate “the first item of business for New Democrat MPs (Members of Parliament) will to be to roll up our sleeves and get to work on ensuring ordinary Canadians are [financially] protected.” PENSION GUARANTEES On October 29, Layton called on the new government to provide new guarantees for Canadians who are about to retire. He is proposing that the federal government create a new fund to “backstop pension failures” to protect retirees. In his first meeting with NDP MPs since the election Layton asserted, “If there ever was a time for us to come together with some common policies, this is it.” adding, “We’re looking for a more activist approach – one that involves the government… taking concrete action to protect people in their daily lives.” Conservative Party: Liberal Party: New Democratic Party: Bloc Quebecois: Green Party: Independents/others: 37.6 % 26.2 % 18.2 % 10.0 % 6.8 % 1.0 % 143 seats 76 seats 37 seats 50 seats 0 seats 2 seats Voter turnout was a record low 59 percent. www.atu.org NOVEMBER/DECEMBER 2008 9 LEGISLATIVE REPORT: A PIVOTAL TIME W ith all of the attention focused on the recent U.S. presidential election, you might not have heard that working families also made significant gains in Congress. As of press time, Democrats picked up six seats in the Senate and 19 seats in the House of Representatives. The timing could not have been better for ATU. In 2009, Congress is scheduled to consider changes to the Safe, Accountable, Flexible, and Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU), the six-year highway-transit bill that expires in September of next year. More than any other piece of legislation, this bill affects the livelihood of America’s 360,000 transit workers. It sets the policies and funding levels for all public transit programs nationwide. SECTION 13(C) When the last surface transportation bill was considered and finally acted upon by Congress between 2003-2005, Republicans had a solid majority in both the U.S. House and Senate. As a result, transportation unions were confronted with a slew of anti-labor amendments that could have had a devastating effect on ATU members. Most significantly, there was an effort to repeal long-standing transit labor (also known as “Section 13(c)”) protections which state that when federal funds are used to acquire, improve or operate a transit system, there must be arrangements to protect the rights of affected transit employees. This provision ensures the continuation of collective bargaining rights and benefits for transit workers nationwide. With help from Democrats and moderate Republicans, ATU was able to fight off significant changes to Section 13(c) in 2005. And despite a strong effort from the Bush administration, we were also successful in ensuring that the bill did not expand privatization mandates. Nevertheless, the make-up of Congress at the time caused ATU and all transit labor to play “defense” throughout the reauthorization period. As a result, we were not able to actively push any of our progressive ideas to improve the federal transit program. ABLE TO PUSH PRIORITIES This time, thanks to your hard work in electing a Democratic majority in both houses of Congress and a president who believes that working families should come first, the transit bill debate should be totally different. For the first time in decades, we should be able to push some of our highest priorities – including increased transit funding, money for federal transit operating assistance, workforce development programs, and others – without a credible threat of repealing Section 13(c). Of course, challenges still lie ahead. The financial needs of our entire transportation system are astounding, and thanks to the recent financial crisis and eight years of mismanagement of our economy by George W. Bush, the federal government is broke. New sources of revenue will be needed to fund our priorities. We will have to work very hard with our allies to make a strong case to members of Congress that this is the time to get people to switch to transit. However, at least we know that our friends in Congress will be listening. 10 IN TRANSIT www.atu.org New York Maintenance Workers Sue Diesel Makers Over Health Problems “From ’76 – ’91, I worked at the 100th St. Depot – that was the old depot that used to be a trolley barn at one time. That had very poor ventilation; they had some windows there, but I don’t think they could be opened. “In January of ’92 I retired. In 1995, I had three coronary stints put in. In 2002, I had a carotid stint. In 2006, I had four more coronary stints installed. And in 2007, I was diagnosed with lung cancer which I’m suffering from right now and being treated for with ‘chemo.’” — CONNOR HARTNET, RETIRED DISPATCHER A group of seriously ill retired transit workers have brought a lawsuit against the makers of diesel engines in the Manhattan, Brooklyn, and Bronx Supreme Courts alleging that the fumes from those engines were the cause of their sickness. The 13 initial litigants average 25 years with the transit authority. So far, the litigants are all members of the Transport Workers Union. UNVENTILATED, DILAPIDATED FORMER TROLLEY BARNS In an August 18 news conference, John Dearie, the retirees’ attorney, said that the theory of their case was “relatively simple”: “These gentlemen,” he explained, “worked in unventilated, dilapidated former trolley barns that were never converted. Many of these depots were windowless.” Dearie continued, saying that because the diesel engines were often difficult to start in the morning, the transit authority would have the shifters bring up to 100 buses inside at night and keep them running so that operators could begin their morning routes without having to start a cold engine. “And when you had, as in most of these depots, windowless barns,” Dearie added, “it just kept the diesel air inside, stagnant. And if you were a shifter you were breathing it eight hours a day. If you were a mechanic you were breathing it eight hours a day. If you were a bus operator you were breathing it about an hour a day.” They were all exposed, he said, “to a very dangerous, toxic material.” “The smoke and fumes were terrible, and there was no ventilation. Buses were running continuously,” Hartnet agreed. OTHER INDUSTRIES? There is no doubt in my mind, Dearie asserted, “that in the general industries of transportation, construction, package delivery, locomotive and trains there are tens of thousands of other individuals who were similarly exposed to heavy concentrations of diesel who have had a heart problem or a lung malignancy and were affected by the same conditions as these gentlemen.” “I worked at 100th St. – Lexington Ave. I spent 20 years at ‘100th St.’ As in all old garages, there were no windows open at any time... The fumes would come up through the floor and you had to breathe that all the time. You couldn’t stop, [because the buses had to keep] going down Lexington Ave. and coming up Third Ave. Those were hard times…” — DAVIDSON JACKSON, RETIRED OPERATOR Jackson now suffers from a heart condition and has just had bypass surgery. www.atu.org — continued over NOVEMBER/DECEMBER 2008 11 — from previous page ‘WE’VE BEEN TELLING THEM FOR 30 YEARS’ Attorney John Durst will serve as co-counsel in the suit. Durst gave some background about the case saying, “We’ve been telling people since the 1970s that emissions from vehicles can be hazardous to your health. Studies have been finding over that period that diesel fumes, especially, cause cancer, cause heart disease, and cause respiratory disease. “So, finally,” Durst said, “the Court of Appeals in the DC circuit found that the studies overwhelmingly prove that diesel fumes cause lung cancer and others health hazards. “Now the question is what the diesel engine manufacturers are going to do about the diseases they have caused to all these people.” Durst said. All of those bringing the lawsuit insist that they never smoked. “That was the question at the hospital when I walked in: ‘How many packs of cigarettes a day have you smoked?’ I said I have never smoked a cigarette in my life. And when I said that they [were astounded].” — EMIDIO DESTAFANO, RETIRED SHIFTER DeStafano has cancer of the esophagus. Pointing to his wristband, he says, “This is my ‘easy pass’ to the hospital… It’s not ‘easy’ at all.” “The diesel manufacturers didn’t move until the government forced them to move,” Durst said, and their reaction was to “fight, and fight, and fight.” “These are the gentlemen [the litigants] who have paid the price for their recalcitrance; for their delays in dealing with the problem,” Durst concluded, “They are going to have to do something to rectify what they have done.” In Transit will keep you updated on this case. NDP PROPOSES 1¢/LITRE TRANSIT GAS TAX T he election of the second highest number of New Democratic Members of Parliament in history (37) is of particular significance to ATU members in light of the position on transit taken by NDP Leader Jack Layton on September 29. CRITICAL NEED “Better public transit is a critical need all across Canada,” Layton asserted. He pointed to his election platform. “It’s a balanced and responsible plan. It shows exactly how we will pay for our commitments to working families.” Focusing on a key commitment to invest in public transit, Layton emphasized its importance. “Better public transit creates better communities. It makes life more affordable for working families. It means cleaner air and fewer smog days.” Highlighting his own record on public transit and that of leading New Democrat MPs - Olivia Chow and Peggy Nash - Layton set out his plan. “We have a prudent and practical plan that will increase support for cleaner, greener transit across Canada.” THE NDP TRANSIT PLAN: • Dedicates one cent per litre of the federal gas tax to public transit, beginning at $400 million in the first year and increasing as finances permit. • Invests revenue raised by the sale of carbon permits to big polluters directly into green transit solutions, beginning at $350 million a year. • Ensures stable, annual funding to cities and provinces for newer, cleaner and better public transit. • Creates good green-collar jobs, strengthens communities, and eases pressure on family budgets. 12 IN TRANSIT www.atu.org TONY WI T H I NGT ON, I NT ER N AT I O N A L R E P R E S E N TAT I V E 1976 Strike Motivation Behind New International Representative’s Activism Union membership is in his blood. Tony Withington’s father was a union worker who was jailed during the famous 1934 San Francisco dockworker strike. His mother was the president of a large Office Employees local in northern California. It was natural therefore, when he was looking for a steady work in 1975, that he chose a union job; in this case Golden Gate Transit represented by ATU. As it happened, labor strife erupted at Golden Gate just after he was employed, resulting in a strike. The event made a lasting impression on the young bus operator, convincing him of the importance of political action in support of Labor. In 1976, Withington joined a group of ATU members who established their own local – 1575 – in San Rafael, CA. And 32 years later, he was still a leader in that local.” Withington became president of the local in 1987, and was elected and re-elected to that post until his appointment as an international representative by International President Warren S. George, August 1. Withington also served as president of the ATU California Legislative Conference Board from 1992, until his recent appointment. “I’m a firm believer that it all comes back to politics – both inside and outside the union,” he asserts. “You have to get involved with members as well as local, state and national politics to be successful.” VI RGI NIA L EW I S, NEW I NT E R N AT I O N A L R E P R E S E N TAT I V E Charleston, SC Member Goes From Cooking to International Representative It began with a chance bus conversation in 1975. Virginia Lewis was chatting with the driver who mentioned that the transit agency was hiring. Lewis was apprehensive, thinking that she needed to be bigger or stronger than her 99-lb. frame would allow. But the driver allayed her fears and soon she was tooling a bus around Charleston. Lewis was happily surprised when the financial secretary of Local 610, approached her about becoming a member of ATU “He didn’t need to do a ‘song-and-dance’ or a ‘dog-and-pony show,’” she laughed, “I always wanted to be in a union, but I thought they were only in the North.” The new operator wasted no time, attending meetings, and doing the tasks performed by women in 1975. She cooked meals, sold tickets, and decorated halls for union events. It wasn’t until 1996, that she started thinking she might like to be a local officer. She was appointed vice president that year. In 2003, she was elected financial secretary, and in 2007, she was elected president. She was the first woman to hold any of those offices in the local. She was appointed international representative by International President Warren S. George beginning August 1, 2008. Lewis’ first assignment was as a regional election coordinator which concluded with the election of Barack Obama, November 4. When she organizes she’ll say, “Come in. Learn as much as you can. Be excited. Be everything you can. It’s a way of life.” International Representative Virginia Lewis obviously follows her own advice. www.atu.org NOVEMBER/DECEMBER 2008 13 ATU Activists Help Labor-Endorsed 14 Dan Kane, 519-La Crosse, WI, knocks on doors for Barack Obama and transit and labor friendly candidates. From left, local release staff members Rick Steffles and Ilona LaDouceur, both members of Local 1005St. Paul & Minneapolis, MN, confer with International Representative Tony Withington. Cynthia Bettz, 627-Cincinnati, OH, braves the cold to leaflet for union-endorsed candidates. Local 689-Washington DC members get ready to roll in Virginia, October 18. Sheila Roberson, 682-Fort Wayne, IN, works a phone-bank. Retired Chapter President Joe Hanson, 1001-Denver, CO, on right, joins ATU Activist Christine Campbell, 1001, in leafleting at a garage, October 22. IN TRANSIT www.atu.org Elect Obama, Candidates Latino Caucus members formed one of the largest pro-Obama groups in the ATU. Then-Senatorial candidate Jeff Merkely, center, joins Danny Taitague, and Mike Francois, both from Local 757-Portland, OR. Merkely was elected and is going to the Senate. Shop Steward Ted Kielur, 85-Pittsburgh, PA, left, talks to Bill Wiess, 85, about Barack Obama’s support for working families at the West Mifflin Port Authority Garage, July 8. (photo by Molly Theobald). Local 1220 members call fellow union members in Richmond, VA. Louis Besses, 268-Cleveland, OH, reaches out to union members. Local President Edward Figueroa, 1056-Flushing, NY, leads a group of fellow members cheering for Obama. www.atu.org NOVEMBER/DECEMBER 2008 15 LABOR LINGO: R TO Z An essential element of knowing your rights as an ATU member is understanding the terminology of labor-management relations. With that in mind, this is the fourth and final in a series of columns providing a glossary of common labor terminology. Ratification: Formal approval of a tentative agreement negotiated by the employer and the union which requires its submission to a vote of the rank-and file of the union membership. Recognition Clause: A provision in a labor contract which commits the employer to dealing with the named union as the bargaining agent for those in the employee unit whose terms and conditions of employment are set forth in and governed by the contract. Reinstatement: The return of a discharged employee to his or her former job. The crucial issue in discharge cases is whether the job termination was for just cause and whether the penalty imposed was fair and reasonable. Reopener Clause: A provision in a collective bargaining agreement setting forth a time and/or the circumstances under which the parties can reopen negotiations on some part of the labor contract even before it expires. Representational Election: A secret ballot vote conducted to determine whether the majority of employees in a group want union representation. Right to Work: A term used to describe U.S. state laws that ban union security agreements by forbidding labor contracts to make employment conditional on union membership. SAFETEA-LU: Signed into law in August of 2005, the Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users authorizes the U.S. federal surface transportation programs for transit, highways and highway safety over the five-year period expiring on September 30, 2009. Scab: An employee who fails to support his fellow workers by joining them in striking an employer as authorized by their union. Section 13(c): A provision in the U.S. Federal Transit Act which requires that certain labor protections be honored as a condition to the receipt of any federal transit grant funding. First enacted in 1964 at the insistence of the ATU, the requirements administered by the U.S. Department of Labor are currently set forth as Section 533(b) of the U.S. Transportation Code. Seniority: The length of service of an employee in the total employment with that employer, or in some particular seniority unit. Comparative seniority often determines the rights of the employee in relation to other workers as to job bidding, vacation and other benefits, and layoff. The seniority rights of an employer are defined in the collective bargaining contract. Shop Steward: A person designated by a union or elected by a segment of its membership to take up with management the grievances of fellow employees as they arise. 16 IN TRANSIT Statute of Limitations: A law that determines the time during which an action may be taken to enforce any legal claim or right. In labor arbitration, the term is also loosely used for the time periods contained in the labor contract, including those which govern the processing of a grievance through the grievance and arbitration procedure established in the contract. Strike: The concerted cessation of work as a form of economic pressure by employees aimed at forcing employer acceptance of their collective bargaining demands. Suit to Compel Arbitration: A legal action to force another party to arbitrate a particular labor dispute or contract grievance. A court considering a motion to compel arbitration does not review the merits of the underlying controversy. Tentative Agreement or “TA”: As collective bargaining negotiations progress, the parties typically sign-off on individual portions of the labor contract and refer to each element as a tentative agreement that is conditioned upon settlement of the entire labor contract. Even when all contract portions have been satisfactorily negotiated by those at the bargaining table, the product is referred to as a tentative agreement pending its ratification by the union membership. Unauthorized Strike: A job action by employees contrary to the advice and without the consent of their union. Unfair Labor Practice: An act on the part of an employer or a union which interferes with the rights of workers as established under some applicable labor relations act. Arbitrators have no jurisdiction over unfair labor practices except in those cases where the actions at issue also violate the collective bargaining agreement. Union Security Clause: A provision in a labor contract making the payment of union dues mandatory for all or some of the employees in a bargaining unit. Union Shop: Arrangement with a labor organization by which the employer may hire any worker, union or nonunion, but the new employee must join the union within a specified time and remain a member in good standing along with his co-workers in the designated bargaining unit. Weingarten Rights: The right of an employee to have a union representative present in any meeting with management where there is a reasonable expectation that discipline may result. Zipper Clause: A provision in a collective bargaining agreement that seeks to close all employment terms for the duration of the labor contract from any further discussion by stating that the agreement is “complete in itself ” and that anything not contained therein is not agreed to unless put into writing and signed by both parties. www.atu.org Arbitration Decisions Local 1624 and Canada Coach Trentway-Wagar, Inc. (August 15, 2008) ISSUE: Was Canada Coach Trentway-Wagar, Inc., justified in removing Grievant from service and holding her without pay, due to the suspicion that her medications may make her fatigued and prone to experiencing blurred vision; and if not, what should the remedy be? SUMMARY: Grievant is a full time coach operator working out of Kingston, ON, who commenced her employment in the summer of 2005. In November of 2006, Grievant went on medical leave, returning before the end of November. Grievant then took medical leave again the following month, and remained on leave through January of 2007. The employer was not informed of the nature of Grievant’s condition (later discovered to be depression) and any attempts by the employer to contact Grievant were denied by her family. On January 30, 2007, Grievant submitted a letter from her doctor indicating that she would be able to return to work on February 5, 2007. Per the employer’s request, Grievant’s doctor submitted a “Return to Work Medical Report” indicating that Grievant was fit to resume operating the coach; in the report, the doctor asserted that Grievant was not taking any medication that could impair her driving ability. Grievant returned to work on February 7, 2007. At some point Grievant was issued prescriptions for two prescription medications—Cipralex and Wellbutrin—to control her depression. The employer was not informed that Grievant had been prescribed any medication. Subsequently, Grievant was subject to two random drug tests, on March 27 and July 6, 2007, both of which she passed. On August 24, 2007, Trentway-Wagar’s Kingston Division Manager Dennis Frost received a telephone call from Grievant’s husband, alerting the employer to the fact that Grievant was taking medications that may make her drowsy and subject to blurred vision and migraines. Frost, along with the director of safety and the president of the employer, proceeded to research the two medications on the internet and found that side effects of the two medications may include the aforementioned symptoms. The decision was made to remove Grievant from service and have her visit a company doctor, who would decide whether she was fit to operate a bus. An appointment with the doctor could not be scheduled until September 11, 2007. Grievant agreed and visited with the doctor on the specified date, and also provided consent for her own doctor’s notes to be released to the company doctor. The company doctor subsequently declared Grievant fit to return to service, and free of any side effects that may impair her ability to operate a commercial vehicle. Grievant was released back into service on September 9, 2007, without compensation for the period she was inactive. HOLDING: Arbitrator Norm Jesin held that while it was reasonable for the employer to temporarily remove Grievant from service with the sincere concern that her medication may make her unfit to operate, it was however unreasonable for Grievant to be uncompensated for such a long period of time ‑ particularly considering she was cleared of any side effects. Jesin ruled that the situation was covered by the employer’s disciplinary policy, and that according to the Collective Bargaining Agreement, an employee cleared of wrongdoing is to be compensated for the period they were removed from service. The employer was ordered to compensate Grievant for the period she was out of service. WHAT’S HAPPENING? There’s a big wide world out there, and it’s tough to keep up with all the events which can affect your profession and your livelihood. One of the easiest ways to stay informed is to go to your union’s website: www.atu.org. There you’ll find the latest news about the ATU, mass transit, and Labor which will put you ahead of the curve in your knowledge of the issues which are most important to you, your family, and your co-workers. Don’t stay in the dark! Find out what’s going on. Check in with www.atu.org, often. www.atu.org NOVEMBER/DECEMBER 2008 17 LOCAL 618 - Providence, RI First Student (Warwick, RI) Local President Stephen Farrell and International Vice President Richard Murphy report settlement. TERM: 7/1/08 - 6/30/11 WAGES: Top Operator 7/1/08 - 3.9% 1/1/09 - 1.6% 7/1/09 - 3.1% 7/1/10 - 3.0% * Employee’s with 10+ years of service receive 50¢/hour above top rate (longevity) BONUS: Safety - no preventable accident’s during school year - $1.50 for each day. - 3 years 60¢ 25¢ 50¢ 50¢ - $16.00 (was $15.40) $16.25 $16.75 $17.25 PROGRESSION: Five years ( was six years) LIFE INSUR.: $10,000 (was $5,000) PENSION: Employer to match up to $225/year (was Ø) HOLIDAYS: Add Veteran’s Day - 7/1/10 add Labor Day BEREAVEMENT: 3 days for immediate family (was one) at regular route pay (was non-revenue rate) NOTE: (New) Instructor’s pay 50¢/hour. The contract was ratified by a vote of 37 to 29. LOCAL 857 - Green Bay, WI City of Green Bay Local President Larry Juley and International Vice President Janis Borchardt report settlement. TERM: 1/1/07 - 12/31/08 WAGES: Top Operator 1/7/07 - 1.5% 6/24/07 - 1.5% 1/6/08 - 1.5% 6/22/08 - 1.5% H & W: Increase preventative care benefit from $500 to $1,000 - Employer contribution maximum 92.5% of premium - 2 years 28¢ 29¢ 29¢ 30¢ - $19.26 (was $18.98) $19.55 $19.84 $20.14 LOCAL 1225 - San Francisco, CA MV Transportation Local President William Parks and International Vice President Chuck Cook report settlement. TERM: 10/1/08 - 9/30/09 WAGES: Top Operator 10/1/08 - 3% - 59¢ - $20.38 (was $19.79) 1 year PENSION: ATU 401(k) employer match $185/month, (was $102.50) HOLIDAYS: Replace a floating with President’s Day & Veteran’s Day GUARANTEE: 36 hours/week for extra board drivers LOCAL 1309 - San Diego, CA Veolia Transportation (Main St. property) Local President Steve Alcove and International Vice President Chuck Cook report settlement. CORRECTION: The May/June In Transit incorrectly listed the charter city for Local 256 as Concord, CA. It should have listed Sacramento, CA. 18 IN TRANSIT TERM: 7/1/07 - 6/30/10 WAGES: Top Operator 7/1/07 - 3.5% - 50¢ - $15.00 (was $14.50) 7/1/08 - 3.25% - 50¢ - $15.50 7/1/09 - 3.25% - 50¢ - $16.00 3 years www.atu.org Top Mechanic 7/1/07 - 2% - 52¢ - $26.29 (was $25.77) 7/1/08 - 2% - 52¢ - $26.81 7/1/09 - 2% - 54¢ - $27.35 H & W: Employer contribution $425/month (was $325/month) VACATION: 4 weeks - 20 years of service (was 3 weeks) SICK LEAVE:PTO to 240 hours (was 200 hours) TOOL ALLOW.: $50 increase/year over term NOTE: The contract was ratified by a vote of 212 to 33. Trustee Marcellus Barnes reports settlement. TERM: 7/1/06 - 6/30/09 WAGES: Top Operator 7/1/06 - 3.3% - 53¢ - $16.76 (was $16.23) 7/1/07 - 3.5% - 58¢ - $17.34 7/1/08 - 3.5% - 61¢ - $17.95 Top Mechanic “A” 7/1/06 - 3.2% - 58¢ - $18.47 (was $17.89) 7/1/07 - 3.5% - 65¢ - $19.12 7/1/08 - 3.5% - 67¢ - $19.79 3 years PENSION: Employer contributes 80¢/hour (was 70¢/hour) TOOL ALLOW.: $470 (was $450) LOCAL 1729 - Pittsburgh, PA First Student (Wall, PA) UNIF. ALLOW.: $400 Local President Patricia Carfagna and International Vice President Richard Murphy report 1st agreement. TERM: 5/1/08 - 6/30/11 WAGES: Top Operator 5/1/08 - 3.0% - 35¢ - $11.96 (was $11.61) 6/1/09 - 3.5% - 42¢ - $12.38 6/1/10 - 3.7% - 46¢ - $12.84 H & W: Employer match $225/year (was Ø) 3 years LOCAL 1761 - Charlotte, MI Eaton County Transportation Authority Local President Barbara Lomax and International Vice President Paul Bowen report settlement. TERM: 7/1/08 - 6/30/09 WAGES: Top Operator 7/1/08 - $16.85 GUARANTEE: drivers - 4 ½ hours (was 4) Top Mechanic 7/1/08 - $16.37 NOTE: H & W: Opt out - $165/month (was $150) LIFE INSUR.:$10,000 (was $5,000) HOLIDAYS: 9/1/09 - Add Labor Day The contract was ratified by a vote of 44 to 15. 1 year PENSION: Part-time allowed to participate after 2 years of service. SPREAD TIME: Split shift premium rate 50¢/hour LOCAL 1753 - Venetia, PA First Student Local President Deborah DeMart and International Vice President Richard Murphy report settlement. TERM: 7/1/08 - 6/30/11 WAGES: Top Operator 7/1/08 - 3.0% - 47¢ - $16.27 (was $15.80) 7/1/09 - 3.5% - 57¢ - $16.84 7/1/10 - 4.0% - 67¢ - $17.51 Top Mechanic 7/1/08 - 4.1% 1/1/09 - 4.2% 7/1/09 - 3.7% 7/1/10 - 4.0% - BREAKS: Full-time dispatchers - 60 minutes unpaid lunch Part-time - 20 minutes paid break NOTE: ASE certification - 40¢/hour for each certificate up to 6. 3 years 70¢ 75¢ 68¢ 77¢ - $17.88 (was $17.28) $18.63 $19.31 $20.08 LOCAL 1505 - Winnipeg, MB Winnipeg Transit Local President Keith Scott and International Vice President Bob Hykaway report settlement. TERM: 1/13/08 - 1/15/11 WAGES: Top Operator 1/13/08 - 2.0% 11/1/08 - 1.1% 1/13/09 - 2.2% 1/13/10 - 3.0% BEREAVEMENT: Add step-parent & step-child - one day H & W: Increase lifetime orthodontic to maximum $2,200 Vision - increase to $250 for full-time, $125 for part-time. NOTE: SICK LEAVE:Add parental leave - up to 52 weeks with 12 months of service. LIFE INSUR.:$20,000 (was $15,000) PENSION: 401(k) - employer match $225/year (was Ø) VACATION: 20 days - 10 years of service (was 16 years of service) HOLIDAYS: P/T - Add Martin Luther King Day GUARANTEE: driver - 4 ½ hours (was 4) The contract was ratified by a vote of 69 to 37. - 3 years 45¢ 25¢ 50¢ 69¢ - $22.46 (was $22.01) $22.71 $23.21 $23.90 Top Mechanic 1/13/08 - 1.9% - 50¢ - $26.76 (was $26.26) 1/13/11 - 1.9% - 50¢ - $27.26 TOOL ALLOW: $410 (to $430) LOCAL 639 - Lexington, KY Transit Authority of Lexington-Fayette Urban County (Lextran) www.atu.org NOTE: Shift premium - $1/hour The contract was ratified by a vote of 638 to 465. NOVEMBER/DECEMBER 2008 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 political and legislative work on behalf of working families that has lead to the likes of the Family Medical Leave Act. And our community activism was key to the recently concluded election which brought us the hope of a Barrack Obama Administration and the promise of a more worker-friendly U.S. Senate and House of Representatives. 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 and to otherwise nominate and vote for any candidates for union office; the right to participate in the 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 assesments 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 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. Warren S. George International President 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 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 may be 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 a integrated basis, www.atu.org no multiple notice (other than providing its 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. Amalgamated Transit Union Analysis of Objectors’ Expenses Year Ended June 30, 2008 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 “grand fathering” 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. Amalgamated Transit Union - Analysis of Objectors’ Expense for the Fiscal Year Ended June 30, 2008 To the Chair and Members of the General Executive Board of the Amalgamated Transit Union We have audited the accompanying Analysis of Objectors’ Expenses of the Amalgamated Transit Union (the Analysis) for the year ended June 30, 2008. 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 perlorm the audit to obtain reasonable assurance about whether the Analysis is free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the Analysis. An audit also includes assessing the accounting principles used and significant estimates made by 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, 2008, as modified as discussed in Note 3. The allocations of expenses between chargeable and nonchargeable 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, 2008, and the allocation between chargeable and non-chargeable 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 infonnation 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. Washington, DC Dated: October 22, 2008, except for the allocation of expenditures described in Note 2 as to which the date is November 13, 2008 www.atu.org NOTES TO ANALYSIS OF OBJECTORS’ EXPENSES YEAR ENDED JUNE 30, 2008 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, accrued compensated absences and other items. Depreciation - Depreciation of property and equipment is charged to operations over the estimated useful lives of the assets using the straightline 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. 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 nonchargeable 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 $28,148,143 reported in the audited financial statements of the Amalgamated Transit Union modified for the following: $2,759,445 in Canadian expenses has been excluded from this analysis. $345,889 relating to various expenses which have been offset by corresponding revenue items have been excluded from this analysis. NOVEMBER/DECEMBER 2008 21 In Memoriam Death Benefits Awarded September 1, 2008 - October 31, 2008 1- MEMBERS AT LARGE CHARLES LEE ABERNATHY MICHELE D’ESPOSITO DEE C DAVIS VERNON I GALYEN ARTHUR STEVENS GREEN FRANK HAYWARD JR WILLIAM A HUNNICUTT EDWARD J LUND JAMES N MITCHELL JOHN R OVERTON JOHN PIAZZA WILLIAM G SMITH EVERETT SPIDLE STUART VANDER SCHAAF JOHN W YORDY 26- DETROIT, MI VICTOR J CANTALINI VICTOR P HABROWSKI 85- PITTSBURGH, PA ALAN J BROCKLEBANK ROBERT H BROWN JR JAMES G CARYLL GILBERT L GONGAWARE ROBERT J GREBNER JAMES E LALLEY GAYLE E REINERTH RAYMOND H SAGER WILLIAM E SPITZNAGEL NATHAN WRIGHT 107- HAMILTON, ON MICHAEL J TAGGART 113- TORONTO, ON STEFANO BELLISSIMO JAMES STIRLING BLAIR WALTER W BLAIR GILBERTO CONTRERAS JOSEPH C COOMBS JOHN ANGUS FARRELL FREDERICK V FORTUNE GEOFFREY E GAVINS ARTHUR ROBERT GIBSON DONALD R JACKSON RONALD A KENNEDY J E ROLAND LOCKE JOSEPH E LOUGHEED HENRY JOSEPH MC GILL WILLIAM JOHN MEEK KENNETH N NESBITT EAMON O’DWYER THOMAS O’NEIL PHILIP RENWICK LUTHER A TROTTER CHARLES R WELLS 192- OAKLAND, CA TERRY R MURPHY JOHN MELTON NIX JEWELL PRICE 22 22 INTRANSIT TRANSIT IN HENRY SHEPARD JOSEPH A VELARDE 241- CHICAGO, IL CORNELIUS L ALLEN KENNETH J BRUCKER LEWIS COMBS JERRY P DUBIN ESCO DUCKSWORTH EUGENE EASON AUGUST J ELKE DOMINIC S FINOCCHIO WILLIE E KELLEY ROBERT C LEGG HUE A MAXWELL FRED H MILLER JOSEPH P PHILIP SR PRESIDENT PUCKETT GEORGE D RASCH JAMES M RICHARD PAUL H SAMPSON JAMES E ZENAWICK 265- SAN JOSE, CA ROBERT DOUGHTY 268- CLEVELAND, OH CLIFTON N CARDWELL FRANK H HUBER 279- OTTAWA, ON ALBERT CLERMONT RAYMOND GOYETTE MARCEL A LAVIGNE RICHARD LAVIGNE 587- SEATTLE, WA KOJI BIOSE ROBERT J WITHEY 757- PORTLAND, OR TONY GOMEZ HAROLD O LAMBERT 588- REGINA, SK JOSEPH J LESPERANCE DONALD M PATTERSON 758- TACOMA, WA AVELINO SAARENAS 589- BOSTON, MA OSMAN CABRAL FRANCIS J CAHILL JOHN A DE FRANCISCO ROBERT J EAD MARY E FORZESE WALTER A KUEGEL CHARLES H MATHENA JR RYAN P MC CAFFERTY CHARLES MC GOVERN JR DAVID J MOGE MAX R MOISE EDWARD C SHELDON CARL F STEAD 618- PROVIDENCE, RI JAMES A TUCKER 628- COVINGTON, KY CHARLES F SARGENT 685- BRANTFORD, ON PAUL L CLARKSON 308- CHICAGO, IL WALTER S BOCHENEK ARTHUR J BOYACK JOHN COOK ELIJAH JAMISON EDGAR SHAW 689- WASHINGTON, DC GLENN O BLACKSON ERNEST E BLAND JR SAMUEL WELLS HAND SIDNEY C HUGULEY JIN H LEE WILLIAM F NORTON JAMES F RANEY FRANCIS P REBHOLTZ WILLIAM SHIELDS JR JACK P SHINNEMAN JOHN W SIERS JESSE W STAFFORD JR ROLAND D WANDJI 448- SPRINGFIELD, MA WOLF R HAAGA 691- SPRINGFIELD, MO THOMAS J BARRETT 558- SHREVEPORT, LA CLIFFORD MC ALEXANDER 694- SAN ANTONIO, TX ERNEST R ALANIZ GILBERT T CORNEJO SEBASTIAN W KAMMER PETE F OLIVARES 281- NEW HAVEN, CT EDWARD M CANNING 569- EDMONTON, AB RICHARD J ASLIN STEPHEN F SCHIWECK ROY BRYAN ZIPSE 580- SYRACUSE, NY DONALD CARSON 583- CALGARY, AB ED MACKAY YVONNE M QUEBEC 732- ATLANTA, GA MOSES BRITT JR KENNETH G BRYANT CARLTON L CRENSHAW BOBBIE A LEE JOHNNY A STOKES W E WALSH CLARK G WHITE 788- ST. LOUIS, MO EUGENE G CHRIST RAYMOND HARRIS KEITH L RIDENHOUR RONALD J THOMAS AARON L WARD WILLIAM T KELLEHER MOSES D LATTIMER ALBERT GEORGE PARA THOMAS PORTER GEORGE A REIS 1309- SAN DIEGO, CA KAREN A GARRETT 1091- AUSTIN, TX GLENDA P COLEMAN 1342- BUFFALO, NY KAREN GIANGROSSO WILLIAM ROBINSON VINCENT ZAGARRIGO 1119- WILKES-BARRE, PA EDWARD A VNUK 1181- NEW YORK, NY SANDRA BALAN 819- NEWARK, NJ MARY BIANCO MILDRED ACKERMANN ROBERT W BOSSERT JOSEPH RUGGIERO JOAN C BURNSIDE ALBERT YOUNG JOSEPH L CAPUTO PATSY CARRAFA 823- ELIZABETH, NJ LOUIS J FORLENZA JOHN W KAIN MARY GONEDES 824- NEW BRUNSWICK, NJ EDWARD LUCAS ANTHONY MINAFO WILLIAM E FISSELL JORGE TORRES JERRY YACCARINO 825- ORADELL, NJ RALPH ZANFARDINO RICHARD MC ELROY KENNETH EDWARD SIMEK 1182- ST. JOHN, NB RICHARD C WALSH 842- WILMINGTON, DE ROBERT H HARRINGTON 1220- RICHMOND, VA ROBERT S SMITH BERNARD D HENDERSON FLOYD E SWEENEY 1321- ALBANY & TROY, NY EMANUEL D BERRINGS 1345- READING, PA LEE L SELL MICHAEL TOMKO 1374- CALGARY, AB HECTOR GIROUX EUGENE HORDICHUK 1385- DAYTON, OH EMMA JANE MOHAMED 859- DECATUR, IL CHARLES E COVENTRY 1505- WINNIPEG, MB GILLES J BERARD AURELE BLANCHETTE JAMES CALDERWOOD MARTIN W DE KLUYVER PETER FROESE FUNK DAVID M HAYNES MELVIN JOHN HAYNES LUCIEN LEMOINE EDWARD C MC CORMICK AZARIE G POIRIER 1225- SAN FRANCISCO, CA ALVA I SAMPLE EDWARD STEFANIUK ZANIS ELEVANS 880- CAMDEN, NJ TONYA L MILBOURNE WILLIAM OCCHUZZO HARRY M ROSENBAUM ROBERT WINSTON 1235- NASHVILLE, TN WILLIAM M GLENN LEO EDWARD HARDING JOHN E HEAD THOMAS V PENNINGTON 1555- OAKLAND, CA ROBERT F SMITH 956- ALLENTOWN, PA EARL R SHELLHAMMER 1241- LANCASTER, PA FRANK B ESHELMAN JR 1575- SAN RAFAEL, CA QUINCY W KING 966- THUNDER BAY, ON ROBERT CAPULAK 1249- SPRINGFIELD, IL DONALD R DYER 1587- TORONTO, ON SUSAN ADAMSON 998- MILWAUKEE, WI JOSEPH BORKENHAGEN JAMES BROWN JR HERMAN R FOX 1277- LOS ANGELES, CA LAWRENCE COSTANTINE RAMIRO R ESTAVILLO PAUL G STANLEY HUBERT COWELL THOMAS 1589- LONG BEACH, CA EUGENE FLOURNOY 1001- DENVER, CO MANUAL GOMEZ 1005- MINNEAPOLIS & ST. PAUL, MN LEONARD W BYERLY HAROLD R GORTON 1056- FLUSHING, NY LORNE E BILLINGTON 1287- KANSAS CITY, MO JOHN F DAVIS DONALD GLENN WILLIAMS 1300- BALTIMORE, MD ERVIN J CLEMONS ELTON L SORROW MARGARET E WARREN 1565- CHAPEL HILL, NC ELIZABETH KELL 1700- CHICAGO, IL FRED WILLIAMS CAMILLE LUTHER I DAVIS CHARLES E JACKSON NEIL J LOGUE JUSTIN C MERRILL RALPH E ROGERS JR CORNELIUS S STEPHENS 1764- WASHINGTON, DC JOHN P EVANS www.atu.org www.atu.org ATU MS RESEARCH TOURNAMENT BRINGS YEAR’S FUNDRAISING TOTAL TO $144,159.51 The Amalgamated Transit Union held its 23 rd Annual Golf Tournament for the benefit of the ATU Multiple Sclerosis Research Funds, September 22, 2008, at the Norbeck Country Club in Silver Spring, MD. Proceeds from the tournament brought the amount raised for the funds to a total of $144,159.51 over the past year. ATU FUNDS GROUNDBREAKING RESEARCH ATU contributions to MS research in the US and Canada continue to lead to significant discoveries that show the way to a possible cure. On August 19, the US National Multiple Sclerosis Society, a recipient of ATU MS Fund contributions, released the results of Society-funded research which studied brain tissue taken from nine victims of MS. The study revealed that while many areas of damage showed the expected loss of myelin and nerve cells which cause MS, a few older lesions showed a 72 percent increase in nerve cells when compared with neighboring brain regions. This is a groundbreaking, basic research finding that adds to growing information on the ability of the brain to rebuild itself. Much further research is necessary to determine how well these identified nerve cells function, and how they might be harnessed in future therapeutic strategies aimed at restoring function in people with MS. This, as well as the ATU-supported work done by Mt. Sinai Hospital in Toronto, ON, brings the day when there will be a cure for Multiple Sclerosis that much closer. www.atu.org NOVEMBER/DECEMBER 2008 23 WITH YOUR HELP, WE DID IT! Presiden t-Elect B arack Ob Internatio ama, left nal Presi , and d e n t Wa r ren S. Ge orge. Amalgamated Transit Union 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
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