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UPDATES Local 268 |
Negotiations 2009–2010: The President’s Report |
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Important Announcement: January 11, 2011 Membership Meeting CANCELLED Dear Brothers and Sisters: The January 11, 2011 Membership Meeting has been cancelled due to inclement weather. Also, on behalf of ATU Local 268, we hope you had a wonderful holiday season. Fraternally yours, William H. Nix, Sr. President/ Business Agent
Important Announcement: December 14, 2010 Membership Meeting CANCELLED Dear Brothers and Sisters: The December 14, 2010 Membership meeting has been cancelled due to inclement weather. Fraternally yours, William H. Nix, Sr. President/ Business Agent
Happy Thanksgiving! Dear Brothers and Sisters: Happy Thanksgiving! On behalf of ATU Local 268, have a wonderful and safe holiday. Fraternally yours, William H. Nix, Sr. President/ Business Agent
Important Announcement Regarding the November 4, 2010 Special Meeting
Dear Brothers and Sisters:
ATU Local 268 held a Special Meeting on Thursday, November 4, 2010, at 7:30 p.m., regarding the status contract negotiations. At the meeting, the members voted to demand arbitration of the contract to the GCRTA by 50 to 5.
In solidarity,
William H. Nix, Sr. President/ Business Agent
September 22, 2010: Letter from The President
Dear Brothers and Sisters,
On August 17, 2010, you had the opportunity to vote whether to ratify your proposed contract. There was much pressure on me to sell this proposal to you. In fact, the RTA drafted a press release they requested I sign and approve to tell you and the local media that I believed this was a good contract and I hoped you would approve. I of course refused, making clear that my job was to fight for you, to explain the contract proposal, and leave it to you to decide whether you wanted to accept the proposal or reject it. It will never be my job to tell you what to think or decide, no matter what the RTA wants. It is my job, your union’s job, and your International’s job to stand in solidarity and represent you.
I am honored to be given the opportunity to carry your concerns and voices back to the RTA. We scheduled a negotiation session to do this. While it is always the hope that we can come to an agreement with the RTA that satisfies everyone’s concerns and desires; we must continue to prepare for the possibility that the RTA will not recognize your solidarity or conviction. We must all continue to be prepared and stay strong, as I carry demands back to the RTA.
In the meantime, your International is holding its 56th Convention. While the election of international officers is a contested matter during this Convention, the delegates to Convention will also focus on matters such as the direction of our International, the rules by which it operates, and the trend throughout our nation of transit authorities to obtain concessions and layoff employees. I know that I am looking forward to the opportunity to work with our fellow locals and the International to pool our resources to address the issues facing transit workers nationwide. A national effort must be made to address national issues, but we cannot sit idly waiting for someone else to solve our problems. Nor can we let local efforts to divide us to interfere with our primary goal of fighting for a good and fair contract.
Thank you again for allowing me the opportunity to carry your concerns to the RTA and to fight for your interests, your security, and your rights.
Fraternally yours,
William H. Nix, Sr. President/ Business Agent
Important Announcement: Special Meeting & Contract Ratification Vote
Dear Brothers and Sisters:
Please plan to attend a Special Meeting on Monday, August 9, 2010, at 7:30 p.m., to discuss the proposed collective bargaining agreement between ATU Local 268 and the GCRTA.
The Special Meeting will be held at the following location:
Laborers Local 310 3250 Euclid Avenue Cleveland, Ohio 44115.
ATU Local 268 encourages all of you to attend this meeting.
The ratification vote for the proposed collective bargaining agreement will be held on Tuesday, August 17, 2010.
Fraternally yours,
William H. Nix, Sr. President/ Business Agent
July 20, 2010: Attention Candidates for the Delegate Collection
Dear Brothers and Sisters:
This is an announcement to all Candidates for the Delegate Positions for the 2010 Delegate Election:
If any Candidate would like to place his or her literature on the Union Board, please contact Local 268 so that the Local can open the glass box around the Union Board. The Local’s phone number is 216-861-3350.
Fraternally,
William H. Nix, Sr. President/ Business Agent
July 2, 2010: Fighting for the Members of Local 268
Dear Brothers and Sisters:
Earlier this week I attended an event for Mr. Lee Fisher, the Democratic Candidate for Ohio, U.S. Senate. During the event, I continued to carry the voices of the working and laid off 268 members to those with the influence and power to make real and lasting change, including the Vice President of the United States of America, Joe Biden. I am fighting for you!
I hope you all have a wonderful and safe Holiday weekend.
Fraternally yours,
William H. Nix, Sr. President/ Business Agent
Corrected Announcement: Special Meeting to be held on Wednesday, June 23, 2010 at 7:30p.m. Dear Brothers and Sisters: ATU Local 268 will be holding a special meeting for all members on June 23, 2010, at 7:30 p.m. regarding the status of the contract. The meeting will be held at the following location: Laborers Local 310 3250 Euclid Avenue Cleveland, Ohio 44115 I hope to see all of you there. This is an important meeting to attend. Fraternally yours, William H. Nix, Sr. President/ Business Agent
Announcement: Special Meeting to be held on Wednesday, June 23, 2010 Dear Brothers and Sisters: ATU Local 268 will be holding a special meeting for all members on June 23, 2010, at 6:30 p.m., regarding the status of the contract. The meeting will be held at the following location: Laborers Local 310 3250 Euclid Avenue Cleveland, Ohio 44115 I hope to see all of you there. This is an important meeting to attend. Fraternally yours, William H. Nix, Sr. President/ Business Agent
June 10, 2010: Check out the Video Footage of the Cleveland Rally Dear Brothers and Sisters: Below is a link to view a video for the National Transit Campaign, featuring footage from the Cleveland Rally and interviews of our fellow members. Check it out! http://www.youtube.com/watch?v=fdlTgddSor8 Fraternally yours, William H. Nix, Sr. President/ Business Agent
May 28, 2010: The “Save Transit Now” Rally was a Great Success — Check out the Photos! A Special Thanks to All who Attended! Dear Brothers and Sisters: I am writing to inform you that the “Save Transit Now” Rally was a great success. I am hopeful that we will see more funding for transit NOW and more flexibility for the spending of transit funding! I sincerely thank all who attended the rally and took a stand to save transit. Below is a link to view some great photographs of the rally. Check it out! http://debbiek611.smugmug.com/Other/ATU-Save-Our-Ride/12276069_mUuVq#875 Also, check out the link below to view a video for the National Transit Campaign, featuring ATU Local 725 (Birmingham Alabama), which I think you will enjoy. http://www.youtube.com/v/4Kc-AOZi8nw&hl=en_US&fs=1&"></param><param I hope you all have a wonderful and safe holiday weekend. Fraternally yours, William H. Nix President/ Business Agent
Attention Members: “Save Transit Now” Rally Time Change Dear Brothers and Sisters: The “Save Transit Now” Rally, to be held on May 22, 2010, will now begin at 5:00 p.m. Please read the memorandum below for details. Again, ATU Local 268 hopes to see all of you at the Rally! Please contact the Local if you have any questions. Fraternally yours, William H. Nix President/ Business Agent
April 22, 2010: Information for Members who are Veterans Dear Brothers and Sisters: The Board of the Cuyahoga County Veterans Services Commission provides great services for Veterans. Below is the contact information for the Veteran Services Commission. For those of you who are Veterans, you should contact the Commission to see if you could benefit from its services. Fraternally yours, William H. Nix President/ Business Agent
Please visit or contact the Cuyahoga County Veterans Service Commission at: 1849 Prospect Avenue Cleveland, Ohio 44115 Phone: 216.698.2600 Toll Free: 1-866-915-8387 Fax: 216.698.2650 Email: vsc_mail@cuyahogacounty.us Web: www.vsc.cuyahogacounty.us
Save the Date: May 22, 2010 “Save Transit Now” Rally Dear Brothers and Sisters: Just a reminder that the ATU, TWU and Rainbow PUSH Coalition will be holding a rally in Cleveland, Ohio on May 22, 2010, to call for the critical need of Transit Operating Assistance. I urge everyone to participate in this rally. For details about the purpose of the rally, please go to ATU’s website: http://www.atu.org. As always, if you have any questions or concerns, please contact Local 268. Fraternally yours, William H. Nix President/ Business Agent
ATU 268 Press Release: March 31, 2010
Amalgamated Transit Union, Local 268 Rejects Fact-Finder’s Report The ATU stands up to protect the safety of employees and riders Cleveland, OH, March 31, 2010: In the midst of contract negotiations the Amalgamated Transit Union, Local 268 voted to reject a fact-finder’s report. The ATU is the exclusive bargaining representative for transit employees working for the Greater Cleveland Regional Transit Authority. In a vote to accept or reject the fact finder’s report, held on March 24th, 90% of those who voted rejected the report. Out of 1296 total votes cast, only 115 of them were to approve the report. Although the fact finder rejected much of the RTA’s misleading figures and gave the members a 3% wage increase during the last year of the contract, his report included a wage freeze during the first year and a freeze on longevity. More importantly, the report did not address any of the safety issues that are at the heart of the Union’s concerns. The fact finder did not dismiss these concerns as illegitimate, but did not address them either. Furthermore, the report radically altered the health care plan and provided no assurances against present or future service cuts or layoffs. The members spoke loudly. They want to protect their safety and the safety of the riding public. The members want to protect service to the public and want reasonable job security. They also want to keep meaningful and affordable health care. Currently the Union is exploring all of its options, including returning to the table, utilizing economic pressure, and pursuing the possibility of binding arbitration. Moreover, ATU President William Nix has been reaching out to political representatives, from congressmen, to the Secretary of Transportation, in an attempt to release funding from the stimulus package for operations and to reform the funding of public transportation. Transit systems across this country are facing hardships and a pressing need for additional funding. These hardships will not and should not be solved through the pockets of the workers or by measures that put the safety of our members and riding public at risk. The RTA has refused to acknowledge the release of stimulus package funds and improved sales numbers in an attempt to manipulate the negotiations in its favor. The RTA is merely using the funding issue as a means to attack the Union. These attempts to eliminate union representation will only to strengthen our members resolve. Finally, the Union could not justify letting safety concerns go unaddressed while making concessions without any assurances that a single job or single route would be saved.
March 31, 2010: Update Letter Dear Brothers and Sisters.
The past months of contract negotiations culminated in a Fact-Finding hearing that was held on February 18 and 19, 2010. The result of that hearing was a report that recommended we receive several noneconomic changes to our contract and a 3% raise during the last year of the contract. However, the report recommended we accept changes to our medical plan that included deductibles, coinsurance, increased copays for emergency room visits, and changes to coverage for adult dependants. The report did not address several safety issues that were presented during negotiations. It did not address issues such as picking rights for revenue, merging of the substation department, or other proposals on the table that protect our rights without costing the GCRTA any dollars of any significance. Nor did it address job security.
Your negotiating committee took the position of placing entirely within your hands the decision whether to accept this report. We withheld a recommendation and provided you with as much information as we had about the report. You had the choice whether to accept the report or direct me to go back to the GCRTA to continue to fight for your financial and job security and safety.
You voted overwhelmingly to reject the report and to continue the fight. Well over 90% of those who voted, did so by rejecting the Fact-Finder’s report. Despite distractions that certain of our members and board members attempt to raise, seemingly more in the interests of the GCRTA than our fellow members, you have chosen to hold strong in solidarity. This is a proud union of strong members. We are united in our goal of protecting ourselves, our families, the riding public, and future employees of the GCRTA. We are professionals, we are parents, we are members of ATU Local 268.
At the same time, the GCRTA is laying off our brothers and sisters on Easter Sunday. We are demanding that these layoffs are done properly and fairly. Moreover, the International ATU and I have been holding personal meetings with political leaders in Ohio and Washington to pursue a release of stimulus funding and other options to grow public transportation rather than watch our transit authority cut service and jobs. Rallies are being held across this nation, and we look forward to bringing them here to Cleveland. Cutting service and jobs is an attack on our members, on our union, and the families we support. It is a national problem that cannot be solved solely at the local level, but this Local will neither sit silently by nor rely on others to save the GCRTA from itself.
I will return to the GCRTA, to Joe and his negotiating committee, with the message you have made clear with your vote. Attempts to threaten us, to distract us, and to divide us are tactics that carry no weight with the proud and strong members of Local 268. I and your negotiating committee will fight this fight, at your direction, and in appreciation for the responsibilities you have placed upon us.
I will continue to keep you informed of the status and progress of the negotiating process as it progresses. At this time, the GCRTA has been informed of your vote and has, not too surprisingly, been silent. But they cannot hide.
Thank you so much for your support and faith. Thank you for your strength and solidarity. Serving you is, without a doubt, an honor that I am unable to adequately express.
Fraternally yours,
William H. Nix, Sr. President/Business Agent
Fact-Finding Informational Meeting: March 22, 2010 Dear Brothers and Sisters: The Fact-Finder issued his Report on March 19, 2010. ATU Local 268 will be conducting an INFORMATIONAL MEETING on March 22, 2010 at 7:30 p.m. to discuss the Fact-Finder’s Report and to discuss the upcoming vote on the Report. The meeting will take place at the following location: Laborers International Union of North America 3250 Euclid Avenue Cleveland, Ohio 44115 (This is the same location of our monthly membership meetings). I hope to see you at the meeting. If you cannot attend, please feel free to call Local 268 if you have any questions or concerns. Fraternally yours, William H. Nix President/ Business Agent
March 1, 2010 Update: The Fact-Finding Dear Brothers and Sisters: The Fact Finding: On February 18 and 19 ATU Local 268 and the GCRTA presented their case to Fact Finder Mancini. The Fact Finder gave indications of what we may expect in his report. The hearing itself went quite well. It appears that we were able to fight off the GCRTA’s attempt to eliminate short term disability, eliminate all overtime except weekly overtime, eliminate long term disability, increase employee health insurance contributions to more than 15%, and obtain wage cuts up to 5% per year. The economist, the attorneys and the witnesses stripped the GCRTA of much of its pretenses to protect the union from such attempts to fund the GCRTA through your pockets.
The Process Now: The process now is this. We will await the Fact Finder’s report. Until that time, we simply do not have details on what it will contain. Once we receive the report, we will hold an informational meeting to discuss it. We will also discuss this at the next membership meeting. A vote must be held within seven days of receiving the report, in which all active union members in the bargaining unit will have the opportunity to vote whether or not to accept the report. To reject the report, 60% of eligible voters must choose to turn it down.
If you do not turn down the report, it will become our contract as well as with the other TAs already obtained. If either you or the GCRTA rejects the report, we will return to the table to negotiate with the GCRTA. If we return to the table, we will either negotiate until we reach an agreement, follow the normal procedures should we reach impasse (i.e., the GCRTA could start to unilaterally implement and we could respond with a strike), or we could mutually agree to go to binding arbitration.
The Report: While we must await the report to confirm what it will contain and to review the details, we do expect the following based on the hearing and discussions with the Fact Finder and the GCRTA. Duration: August 1, 2009 to January 31, 2012. Wages: We will receive a 1.5% wage increase on February 1, 2011 and another 1.5% on August 1, 2011. Longevity: Will continue to be in the Contract. It will be frozen (i.e., not paid) in 2010 but will be paid in 2011. Health Care: Employee contributions will remain at 12%. The benefits will be restructured to include a $250/$500 (single/family) deductible, Coinsurance of 90/10% (i.e., coverage will pick up 90% of costs); out of pocket maximum of $1000/$2000 (single/family); office co-pay to remain at $10; emergency room co-pay of $100 (waived if admitted). There will be a reduction in monthly premiums. Part-Timers: Shall pick weekend work. Positive Discipline: The GCRTA’s Positive Discipline Policy will be frozen during the term of the Contract so they cannot make unilateral changes to it. Overtime: There will continue to be daily overtime. Vacation and Holiday time will continue to count toward weekly overtime but Sick time will not. Pull-Out Time: Will be increased from 10 to 15 minutes. Breaks – Non-operations: Breaks must occur between the second and sixth hours of work.
The Tentative Agreements (TAs): TAs already negotiated will be part of the Contract. These include the following: Part I, Article 1: Section 18 is revised to read: Pull-Out Time: Pull-Out time is the time allowed bus and rail operators – scheduled to pull out of a yard or bus garage – to report and perform required duties. Part I Article 4: When cuts or alterations are made to runs, the GCRTA must post these two weeks in advance when they have notice. Part I, Article 7: Language added to ensure the GCRTA reports to the Union when employees are removed or returned from payroll or when dues are suspended or restored. Part I, Article 9: When the GCRTA requests to waive a step of the grievance process, the timelines will not toll while it awaits a response from Local 268. Step 2 is eliminated to expedite the process. Part I Article 10: The parties will develop a panel of 7 arbitrators to rotate cases through – to expedite the process, reduce costs, and ensure a higher quality panel of arbitrators who are familiar with the operations and tactics of the GCRTA. Part I, Article 13: Language was added to ensure the GCRTA will meet with Local 268 to discuss the impacts of layoffs before they occur. Part I, Article 15: When Holidays fall on a weekend day – employees who work that weekend day will be paid at time and one-half. The 8 hours of Holiday Pay will be processed on Friday if the holiday falls on a Saturday, and Monday if the holiday falls on a Sunday. Part I, Article 17: When employees are terminated for a violation of the long-term absence provision, they shall be considered before any applicant off the street provided they are qualified to perform the job, the merit certification process still applies, and the preference continues for one year after the initial date of separation. Part I, Article 35: The costs of printing the Contract shall be limited to $10,000. Part II, Article 3: When employees are on a leave of absence for more than 30 days they shall not pick. The GCRTA must post both the scheduled runs and the picking rosters. The GCRTA will continue to pick by weekly work packages. Part II, Article 15: Yard Work: The GCRTA must post yardperson and starter job pre-qualification criteria prior to a pick. Part III, Article 4: When there is an emergency callout and the GCRTA fails to provide a meal, it shall provide a $12.50 meal allowance. Part III, Article 9: Employees who fill in for a position two grades or higher, they shall receive the beginning step of the higher classification but no less than $1.00 per hour less than the employee’s regular rate of pay. When an employee fills in for a non-bargaining position, they shall also receive an increase of $1.00. Part III, Article 11: Grade 358s with greater than 2 years of service shall be eligible to take an assessment for promotion to Grade 458.
The Layoffs: The GCRTA continues to plan to make service cuts and layoff employees in April. Local 268 is not going to sit back idly while these occur and will continue to fight the GCRTA with respect to these cuts and to seek additional funding to prevent them. For example, I continue to be in contact with local political leaders on a daily basis, I attended an Emergency Trade Union Meeting to Reverse the Attack on Workers where representatives of many transit unions came to plan how to stop the industry trend to layoff employees and seek cuts in benefits, and I will attend the ATU’s Annual Legislative Conference this month to confront national legislatures face-to-face.
Summary: Clearly more details will be forthcoming regarding the Fact-Finder’s report once the report is actually received; regarding the TAs that have been obtained; the processes to follow with regard to the Fact-Finder’s report; and the potential layoffs that the GCRTA is attempting to make as well as the impact such layoffs could have on the affected employees and the Union. The package will contain some improvements such as protections in the disciplinary process, some hits such as the changes in the health care benefits, and some gains such as a 3% wage increase next year.
It continues to be a great honor to serve you and I would like to extend appreciation for the Negotiating Committee who has worked hard. While the entire Executive Board forms the committee, Brothers Kwiatkowski, Westbrooks, Yakimow, DeFranco, Lawson, Keeton, Holland, and Sister Schnur have dedicated time at the table to fight against the GCRTA’s attempt to fund itself through cuts to your financial security without more than a word from Joe that it might reduce service cuts and layoffs if we would make concessions. The process is not over, however. Now it is in your hands to review the package once it is received, to obtain the information you need to make an educated vote, and to direct me to accept the package or send it back.
As you make your decision with respect to the package that comes back from the Fact Finder, we will continue to fight to protect your job security, financial security and safety. We will be proactive in monitoring the Union’s budget in light of potential layoffs and making necessary cuts ourselves. Thank you for taking an interest in your Union, an interest in your Contract, and for supporting your Union as it fights off cuts the GCRTA attempts to make to our work force and your contract. And thank you for sharing your unfettered feedback.
Fraternally yours,
William H. Nix, Sr., President/Business Agent
Negotiations Update: February 8, 2010 Dear Brothers and Sisters: The Union and GCRTA are still negotiating the terms of our Collective Bargaining Agreement. The Union met with the Company on January 8 and January 20, 2010, and again on February 3, 2010. There was little accomplished at these sessions. GCRTA was not willing to discuss any non-economic issues and kept reiterating its plan to cut jobs, services and wages. The Union made it clear to GCRTA that it will not agree to GCRTA’s current plan to fund the organization in 2010 from its workers’ pockets. In other words, the Union made clear that GCRTA cannot fund itself by expecting its workers to take all of the economic cuts. In fact, the Union is working with an economist to determine whether Joe’s doomsday economic projections for 2010 forward are truly accurate or if they are exaggerated. The Union remains optimistic that our economist’s projections will be helpful as we begin fact-finding. The Union is meeting with the Company on February 10, 2010, and hopefully, the Company will be willing to make some movement. Regardless, the Union is preparing for fact-finding on February 18 and 19, 2010. If you have any questions or concerns, please contact me. Fraternally yours,
William H. Nix President/ Business Agent
Voluntary Furlough Update: December 10, 2009 Dear Brothers and Sisters: Today I met with management to discuss the Voluntary Furloughs for December, 2009. I was pleased to hear that 229 of our members agreed to take the Furlough to help save their fellow members’ jobs. Management however, was not pleased. Even though the 229 members who signed up will be saving the GCRTA over $170,000, the GCRTA wanted to double its savings for that week. As the Company, unsurprisingly, wanted to save more money, it began discussing involuntary furloughs. The Local responded that it would be willing to discuss layoffs only if the GCRTA would finally provide some solutions to its non-economic concerns including 1) returning the current non-operating shifts to the way they were in the past; 2) guaranteeing layovers regardless of running time; 4) permitting Grade 358s to upgrade to 458s; and 5) allowing electrical-repair members to pick their own shifts. Nonetheless, the Company basically said ‘no thank you,’ no to the voluntary furloughs and over $170,000 in savings, no to resolving important non-economic issues - but yes on its plans to cut service and jobs in 2010. Brothers and Sisters, Local 268 will not make any agreement with the Company unless it benefits you. Moreover, regardless of the Company’s lack of recognition to those who agreed to take the Furlough, Local 268 commends each and every one of you who did. Again, 229 of our members made a sacrifice – on their own volition – to help save jobs. Local 268 sincerely thanks all of our members who signed up for the Furlough. Let’s continue to stand together to bring justice to the GCRTA. Fraternally yours,
William H. Nix President/ Business Agent
Check Out This Article Dear Brothers and Sisters: Please read the following story written by Mr. Rick Nagin, published in People’s World. The article discusses Local 268s concerns with RTA regarding safety and other critical issues. Fraternally yours, William H. Nix President/ Business Agent
Photo: ATU Local 268 President William Nix, left, with bus driver Wayne Bender. (Photo by Debbie Kline) CLEVELAND - Transit workers and supporters from the North Shore AFL-CIO and Cleveland Jobs With Justice demonstrated downtown here this week to protest the Regional Transit Authority's refusal to address the safety of employees and the riding public in contract negotiations. The action dramatized the challenge facing public transit systems in the current economic crisis. William Nix, president of Amalgamated Transit Union Local 268, charged the RTA management had created hazardous conditions, failed to maintain heating, communications and handicapped mechanisms in its buses and was attempting to bust the union by eliminating bargaining unit jobs. Over the course of 23 bargaining sessions since June, Nix said the RTA has stonewalled attempts to address questions of working conditions and sought to move instead to its economic program of cutting wages and health care benefits. RTA General Manager Joe Calabrese denied safety standards had been neglected and said the real problem was that the system was broke. "I can't spend money I don't have," he said. The transit system gets most of its revenues from county sales taxes which plummeted this year with the deepening recession. Ridership, accounting for 20 percent of RTA income, also fell sharply as unemployed workers no longer use the system to get to their jobs. Ohio's state government, which he charged has a poor record of supporting transit, has slashed funding, and even federal funds from the national transportation bill have been held up. Calabrese has appealed to Sen. Sherrod Brown and Congressman Dennis Kucinich, both Ohio Democrats, to help get those funds released and, if that happens, the system will barely break even this year, he said. But, for the coming year, Calabrese said his only hope of avoiding hundreds of layoffs and major cuts in service is to reduce labor costs. He pointed to a study released in June by the American Public Transportation Association showing that 89 percent of public transit systems in the country have been forced to raise fares or reduce service because of recession-caused revenue reductions. These realities complicate the contract talks and, in fact, no solution seems possible within that framework. The union has to fight to improve working conditions and maintain the economic security of its members, but both sides and the riding public need a solution to the funding problem. Calabrese wants to reassure the public about safety, but the issue is real and undoubtedly tied up with the funding crisis. Last week an RTA driver was sentenced to six months in jail on a charge of vehicular homicide for killing a man in a downtown crosswalk. The driver, a single mother, was accused of negligence and using a cell phone at the time of the accident, but Nix said RTA had major responsibility since it had rejected repeated demands by the union to lower mirrors and eliminate a blind spot that had caused accidents in the past. Immediately after the accident the mirrors were lowered and audible systems installed to alert pedestrians when buses were making turns. The RTA also made possession of cell phones grounds for immediate dismissal. But on the picket line John Bronoff, a bus driver with 13 years service, said that especially on weekends radios on the buses and trains do not work and cell phones are a necessity in case of medical emergencies, accidents or confrontations with irate passengers. Not only has the RTA failed to fix the radios, it insists drivers read text messages on the devices despite the hazard involved, he said. "We work under extremely high stress," he said, "and it's not reported but every week drivers are assaulted." Nix charged that the RTA had recklessly merged departments to eliminate jobs with the result that untrained workers are forced to deal with high voltages in substations and bus drivers were made to work on trains as supervisors without experience to handle coupling problems. This almost caused a head-on collision, he said. He charged that the RTA failed to buy parts for wheelchair lifts, many of which don't work, forcing drivers to lift passengers manually. In 40 percent of the buses heating systems do not work, he said. The RTA has given union jobs in parts depots to NAPA, a private company, eliminated maintenance and clerical workers in its downtown offices and sought to violate overtime protections. The union has filed unfair labor practice charges with the National Labor Relations Board over the refusal of the RTA to negotiate safety issues. The RTA says it wants to bypass the safety issues and move to economic issues where it is demanding a 5 percent cut in hourly pay with no increases over three years, a 26 percent increase in health premiums and a 4 percent increase in the amount workers pay into the health plan. "Labor is 70 percent of our budget," Calabrese said, "and the ATU is 90 percent of our labor. We have reduced fuel and utility costs and cut jobs and pay of salaried employees. Our workers deserve every penny they make, but we face a $9 million to $12 million deficit next year and unless the ATU agrees to reduce our costs we will have to eliminate their jobs, eliminate weekend service and make other serious service cuts by April." The contract for the 1,900 members of the ATU expired July 31 and negotiations have broken off pending appointment of a state fact-finder to study the issues and make recommendations. by: Rick Nagin November 27 2009
ATU Local 268 Conducts a Successful Informational Picket November 24 & 25, 2009 Dear Brothers and Sisters: I am pleased to inform you that Local 268’s informational picket was a success. Our members, as well as advocates from Jobs With Justice, the AFL-CIO North Shore, and other locals were able to effectively communicate Local 268’s concerns with GCRTA, including its concerns regarding to working conditions, the safety of workers and the riding public, as well as the GCRTAs threats of additional service cuts to the public. For more information about the picketing, please visit the following link: http://blog.cleveland.com/metro/2009/11/rta_bus_drivers_and_mechanics.html A special thanks to all of the individuals from our membership, and to those from Jobs With Justice, the North Shore AFL-CIO and other locals who participated in the picketing. Together, we can make positive changes at GCRTA!! Fraternally yours, William H. Nix President/ Business Agent
Check out the Letter Congressman Dennis Kucinich Sent to Joe Dear Brothers and Sisters: Below is a letter from Congressman Dennis Kucinich to Joe that you might be interested in reading. Happy reading & Happy Thanksgiving to you all! Fraternally yours, William H. Nix President/ Business Agent
Kucinich: Cuts Put RTA on Path to Dismantle Transit System
Congressman Dennis Kucinich (D-OH) today sent a letter to the General Manager of the Greater Cleveland Regional Transit Authority (RTA), Mr. Joseph Calabrese, encouraging bold action to save RTA service. In the letter Kucinich acknowledges budget cuts, but points out that reduced service alienates riders and forces passengers without options to stay home. In the absence of viable alternatives, Kucinich points to RTA’s suggestion in a recent policy memo that the agency operate in a deficit, which “might be the only way for RTA to formally acknowledge its status as an agency in crisis. Hopefully there are ways for RTA to meet its budget without severing its lifeblood, its ridership.”
The full text of the letter follows:
November 19, 2009
Mr. Joseph A. Calabrese General Manager Greater Cleveland Regional Transit Authority 1240 West 6th Street Cleveland , Ohio 44113-1331
Dear Mr. Calabrese:
I strongly oppose more service cuts to the Greater Cleveland Regional Transit Authority (RTA).
Under your leadership, RTA is being diminished at an alarming rate. I understand that our nation’s and our region’s economies are in a deep recession and this is having an effect on transit which depends in part on a sales tax. My fear is that we will emerge from the recession without a transit system because it will have been effectively dismantled under your administration.
I appreciate that one of the policy options before the RTA Board of Trustees is to “Adopt a budget with no service cuts and with fares reverting back to $1.75 on April 1, 2010, but with a 2010 deficit of $17.4 million.” See “RTA Board of Trustees Policy Questions regarding Service Reductions and Fares,” Nov. 13, 2009. I do not wish to see RTA operate in a deficit. Doing so, however, if you cannot offer other alternatives than to continually cut service, might be the only way for RTA to formally acknowledge its status as an agency in crisis.
Hopefully there are ways for RTA meet its budget without severing its lifeblood, its ridership. Each round of service cuts alienates riders. Those who have no alternatives are forced to stop going to work, school, medical appointments, or other necessary social interactions. Those who have alternatives simply stop using transit. RTA must stop cutting service and act boldly to remedy its crisis in other ways.
Sincerely,
Dennis J. Kucinich Member of Congress
Join the Picket!! Dear Brothers and Sisters: It is time to inform the public about Local 268’s concerns with respect to working conditions, the safety of workers and the riding public, the economic security of Local 268 members, and job security. Thus, on November 24 and 25, 2009, Local 268 will conduct an informational picket at GCRTAs Main Office (1240 West Sixth Street) and at Public Square. On Tuesday, November 24, the picketing will begin at 7:00 a.m. and end at 6:00 p.m. On Wednesday, November 25, 2009, the picketing will begin at 7:00 a.m. and end at 3:00 p.m. Local 268 wants the public to know that many of GCRTAs busses do not have working radios (for communication) and/or adequate heat. Local 268 also wants the public to know about GCRTAs plans to cut services and jobs. Local 268 is hoping that by informing the public about its concerns, the GCRTA will finally start respecting its workers and the riding public. To have a successful picket, Local 268 needs to stand united. Therefore, Local 268 needs each and everyone of you to participate in the picket. Brothers and sisters, Local 268 filed a Notice of Intent to Picket with the State Employment Relations Board, so we are permitted to picket on these dates. If you are able to participate or if you have any questions, please contact the Local immediately: 216-861-3350. Now is the time to stand together. In solidarity, William H. Nix President/ Business Agent
Grievance Filed November 20, 2009: Joe Performed Bargaining Work in Violation of the Contract Dear Brothers and Sisters: On Friday, November 13, 2009, the Company asked me to violate Part I, Article 20, Section 2, of the Collective Bargaining Agreement. Specifically, the Company asked me to let the part-timers work over 31 hours on Monday, November 16, 2009 (the day of the Monday Night Football game), without having to pay the penalty provided for in the contract. I told them that they were out of their minds! Since Joe did not want to pay the penalty, he collected fares at the Brookpark Rapid station from 5:45 p.m. until 8:00 p.m. Consequently, Joe was performing bargaining work in violation of our contract. The Local immediately responded by filing a grievance on November 20, 2009. I will keep you updated with the progression of this grievance. This is just another example of the Company blatantly disrespecting the membership, and the Local will not tolerate this disrespect. Fraternally yours, William H. Nix President/ Business Agent
Enough is Enough: It’s Time to Picket November 13, 2009 Dear Brothers and Sisters:
On Wednesday, November 11, 2009, ATU Local 268 met with the GCRTA to continue contract negotiations. After Joe presented another threat of future layoffs, the ATU reviewed outstanding noneconomic proposals. Rather than giving any meaningful response, the GCRTA stated that it wanted to move on to economic issues and made a demand for fact finding. This attempt to bypass negotiations regarding the working conditions and safety at GCRTA is an unfortunate display of the GCRTA’s complete lack of respect for the bargaining process. ATU Local 268 filed a notice to picket beginning November 24, 2009. The fact finding process is not binding and has no impact on whether Local 268 can later arbitrate these negotiations or stand up and strike to bring justice and safety to Local 268 members and the riding public. Regardless of the GCRTA’s attempts to bypass meaningful negotiations, Local 268 will no longer tolerate such disrespect. Your leadership was elected to protect your interests and you have been vocal in demanding that we stand up to the GCRTA. The GCRTA seems to be clueless as to how it should respond to a Local that stands up for your rights without wavering. Fraternally yours, William H. Nix President/ Business Agent
Threats and Delays—The GCRTA’s Standard Operating Procedure November 3, 2009 Dear Brothers and Sisters: Negotiations continued on October 30, 2009. After a presentation by Medical Mutual of Ohio and Fedeli, the GCRTA claimed that premium rates for health insurance will increase by 26% for 2010. Although Fedeli acknowledged that it costed out various changes to the insurance benefits to save on premium costs, the GCRTA would only present a design change they chose. Despite Local 268’s demands for Fedeli’s reports, the GCRTA refused to allow Fedeli to provide them to Local 268, and Local 268 appropriately responded by filing an unfair labor practice charge that same day. The parties reconvened after lunch to further negotiate noneconomic issues. The GCRTA lacked any meaningful response to Local 268’s proposals, was unprepared with answers to questions raised during the prior negotiating session, and provided no proposals of its own. Not only did the GCRTA waste the time of Local 268’s bargaining committee during this afternoon session, it refused to meet any of the three days Local 268 offered during the week of November 2. The next bargaining session was instead scheduled for November 11, 2009. Despite the delay tactics of the GCRTA and its continued failure to negotiate in good faith, Local 268 continues to be firm in demanding that steps be taken to improve the working conditions, safety of workers and the riding public, the economic security of Local 268 members, and job security. With unprecedented solidarity and strength among our members, these goals will not be left behind regardless of the GCRTA’s desire to focus only on cutting labor costs and jobs. Fraternally yours, William H. Nix, President/Business Agent
The GCRTA Failed to Follow Through . . . Again November 3, 2009
Despite Words to the Contrary, the GCRTA Returns to the Table October 27, 2009 Dear Brothers and Sisters: Although negotiations had slowed to the point that Local 268 called them off until the GCRTA was willing to negotiate in good faith, and Bruce Hampton of the GCRTA said “I won’t be calling them for shit” , the GCRTA did in fact contact ATU Local 268 and scheduled negotiations to resume on October 22, 2009. Joe attended the negotiations to explain that he wants to cut further labor costs and in fact was looking at laying off up to 150 people in 2010, though he claimed that it made him “want to puke” every time he considered layoffs. ATU Local 268 was, however, able to obtain three Tentative Agreements (TAs) during this session and scheduled session for October 26 and 30, 2009. ATU Local 268 and the GCRTA did meet again on October 26. Two tentative agreements were obtained, however with neither Joe nor Michael York in attendance after the morning, the GCRTA lacked the ability to respond to many of Local 268’s proposals. A meeting to review health coverage is scheduled for October 30, 2009, in part due to the GCRTA’s threat to increase premiums by 26%. ATU Local 268 demanded that the GCRTA provide all documents and studies justifying any increase in premiums and that representatives of the agencies the GCRTA uses to provide health coverage and determine premiums attend the session on October 30, 2009. Due to the GCRTA’s movement on some issues, the plans to picket will be held off provided progress is made with regard to Local 268’s concerns with respect to working conditions, safety of workers and the riding public, the economic security of Local 268 members, and job security. At this time Local 268 is hopeful that the GCRTA will finally give meaning to its empty promises of holding safety, service to the public, and care of its workers as a priorities. Fraternally yours, William H. Nix, President/Business Agent
ATU Files a Notice of Intent to Picket with the State Employment Relations Board: October 9, 2009 Dear Brothers and Sisters: Today the Local filed a Notice of Intent to Strike or Picket with the State Employment Relations Board. The Local intends to conduct an informational picketing, where we plan to inform the public about our disputes with the GCRTA. The picketing will commence on Tuesday, October 20, 2009, at 9:00 a.m. Now is the time we must all stand together. If you are interested in participating in the picket, please contact the Local as soon as possible. Together, we can bring justice to the GCRTA. Fraternally yours, William H. Nix, President/ Business Agent
Announcement October 9, 2009: Negotiations to Reconvene October 22, 2009 Dear Brothers and Sisters: The GCRTA has informed me that it would like to go back to the bargaining table and reconvene negotiation sessions for a Collective Bargaining Agreement. The sessions will commence on October 22, 2009. After the session, I will post an update providing the session’s details; I am hoping that the GCRTA is finally willing to bargain in good faith. I assure you that the Local will not back down until a fair and just contract is executed. Please contact me if you have any questions, concerns or suggestions. Fraternally yours, William H. Nix, President/ Business Agent
ATU Files Another ULP Against the RTA: October 9, 2009 Dear Brothers and Sisters: Today Local 268 filed another Unfair Labor Practice against the RTA with the State Employment Relations Board. The basis of the charge is that since the negotiations commenced on June 25, 2009 the RTA has failed and refused to bargain collectively and in good faith with Local 268, in violation of the Ohio Revised Code Section 4117.11(A)(5). Local 268 filed this Unfair Labor Practice in response to an Unfair Labor Practice the RTA filed against us. The RTA basically alleged that it is Local 268, not the RTA, that is stalling negotiations and refusing to bargain collectively. The RTA’s charge is absolutely ridiculous; therefore, Local 268 filed an unfair labor practice to set the record straight. Local 268 alleged that the RTA failed and refused to bargain collectively and in good faith by engaging in the following conduct: · Unlawfully delaying the commencement of scheduled bargaining by refusing to give its proposals to Local 268 until the third negotiations session (in other words, on June 25 and 26, 2009, the RTA wasted everyone’s time); · Reneging on matters in which the parties reached an agreement (including the retroactivity agreement I discussed in the previous post); · Refusing to discuss any of Local 268’s proposals (the RTA simply wants us to adopt a new collective bargaining agreement that is exactly the same as the old one); · Refusing to even acknowledge any of Local 268’s non-economic proposals (including all of our proposals for the membership’s safety); · Refusing to make proper proposals (the RTA’s proposals were nearly identical to the proposals it submitted during negotiations in 2003, which were unacceptable then!) · Refusing to make counterproposals (the RTA simply hands us a copy of its original proposals in response to everyone of our proposals); · Refusing to schedule bargaining meetings (the RTA has refused to schedule any further negotiation sessions); and · Engaging in other acts designed to frustrate bargaining and avoid reaching an agreement. Since the State Employment Relations Board now knows what really is going on at these sessions, it is my hope that the RTA will not be permitted to continue its dilatory stalling tactics. My brothers and sisters, even though previous Presidents might have given into the RTA and accepted its worthless proposals during negotiations, I will not. I will do whatever it takes to see that each and everyone of you works in a fair and just environment. I will not tolerate a company that lets its operators drive buses without adequate heat and with left-turn blind spots. Those days are over. As long as I am President, I will see that ATU Local 268 brings justice to the RTA. I will keep you fully informed about the status of the Unfair Labor Practice we filed against the RTA on September 21, 2009. Fraternally Yours, William H. Nix, President/ Business Agent
Your Safety Is Number One: ATU will continue to negotiate until the RTA is a safe place to work Dear Brothers and Sisters: I am posting this update because I want all of you to know how Local 268 is addressing your safety in our proposals for the new Collective Bargaining Agreement. At present, the RTA is not a safe place to work. Some of the major safety problems include the following: · Fact: The buses do not provide adequate heat in the winter months; · Fact: Every year drivers are assaulted on Halloween and on other holidays; · Fact: The buses have a left-hand turn blind spot that creates serious safety risks to both drivers and the general public; · Fact: The buses do not have working radios; and · Fact: Our drivers are sent to very unsafe areas during all hours of the night without adequate security. Although Local 268 is addressing all of these safety problems in its proposals, the RTA continues to ignore our proposals. In fact, the RTA had the audacity to adopt a rule forbidding operators from carrying cellular phones on their persons while they are en route even though it refuses to provide buses with working radios! Brothers and Sisters, I am greatly disappointed with how the RTA is treating you. I will not stand for a company that sends its workers out to transport others in death traps. Again, I am committed to seeing justice emerge from these negotiations. I want a contract that forces the RTA to maintain a safe-working environment, and I will not back down until such a contract is executed. Fraternally Yours, William H. Nix, President/ Business Agent
ATU Files an Unfair Labor Practice Charge Against the RTA: July 2009
Dear Brothers and Sisters: One of the fundamental principles of collective bargaining is that the terms of the new Collective Bargaining Agreement apply retroactively. Bearing that principle in mind, on June 26, 2009, the Union and the RTA agreed that all new terms of the Collective Bargaining Agreement would apply retroactively. The parties further agreed that during the next negotiations session on July 6, 2009, they would execute a written agreement memorializing the new terms would apply retroactively. However, on July 6, 2009, the RTA unlawfully, and without explanation, reneged on this agreement. The RTA refused to execute a written agreement establishing the retroactivity of any new terms. In response to the RTA’s blatant disregard of its agreement with Local 268, Local 268 immediately filed an Unfair Labor Practice charge with the State Employment Relations Board. The basis of the charge is that when the RTA reneged on its agreement with Local 268, its actions were completely unlawful under the Ohio Revised Code Sections 4117.11(A)(1) & (5). As your President, I will continue to keep you informed about the status of this ULP. I assure you that I will do my very best in preventing the RTA from getting away with this. Fraternally Yours, William H. Nix, President/ Business Agent |
