2013 july/august
DESCRIPTION
ATU Local 1005 NewsletterTRANSCRIPT
The 1005 LineThe news and information
publication of
ATU Local 1005 Prepared and
distributed by the Education
Committee
For The People Who Know Where They Are Going
July / August 2013
What’s Inside...
Officer’s Corner
page 2
Union Meeting Highlights
page 3
Employee Update:
Marriage Equality
page 6
History and Update on LRT and
Commuter Rail
page 8
Scream Out Loud
page 9
TSSC Minutes
Page 10
Hiring: Legal and Ethical
Considerations
page 12
2013 Women's Caucus
page 18
Retirements
page 22, 23
Letters to the Editor
page 26
In Memoriam
page 27
“Union women fi ght for all
women.”Jackie Jeter, Chair of the ATU
International Women's Caucus.
Facts About Second
and Third Opinions
FMLAFamily Medical Leave Act
Authentication and clarifi cation of medical
certifi cation for leave taken may require a second
and third opinion.
825.307
a) Clarifi cation and authentication – If an employee submits a complete
and suffi cient certifi cation signed by the health care provider, the employer
may not request additional information from the health care provider.
However, the employer may contact the health care provider for purposes
of clarifi cation and authentication of the medical certifi cation (whether
initial certifi cation or recertifi cation) after the employer has given the
employee an opportunity to cure any defi ciencies as set forth in 825.305©.
To make such contact, the employer must use a health care provider,
human resources professional, a leave administrator, or a management
offi cial. Under no circumstances, however, may the employee’s direct
supervisor contact the employee’s health care provider.
For purposes of these regulations,
Authentication means providing the health care provider with a copy of
the certifi cation and requesting verifi cation that the information contained
on the certifi cation form was completed and/or authorized by the health
care provider who signed the document: no additional medical information
may be requested.
Clarifi cation means contacting the health care provider to understand
the handwriting on the medical certifi cation or to understand the meaning
of a response. Employers many not ask health care providers for
additional information beyond that required by the certifi cation form. The
requirements of the Health Insurance Portability and Accountability Act
(HIPAA)Privacy Rule (see 45 CFR parts 160 and 164) which governs the
privacy of individually-identifi able health information created or held by
HIPAA covered entities, must be satisfi ed when individually-identifi able
health information of an employee is shared within employer by a HIPAA-
covered health care provider. If an employee chooses not to provide
the employer with authorization allowing the employer to clarity the
certifi cation with the health care provider, and does not otherwise clarify
the certifi cation, the employer may deny the taking of FMLA leave if the
certifi cation is unclear. See 825.305(d). It is the employee’s responsibility
to provide the employer with a complete and suffi cient certifi cation and to
clarity the certifi cation if necessary.
Continued on page 25
FMLA
Many of you have heard that the Department of Labor is doing an
audit of FMLA practices at Metro Transit. They have made a large
information request, and a DOL investigator may interview employees as
well. Many bus operators have had FMLA certifications denied, or
denied after Metro Transit sent records to a doctor for a Second Opinion.
The FMLA law allows Metro Transit to send the case for a second
opinion. The law also allows an employee to request a third opinion.
The employee and Company must agree on the doctor, and the third
opinion is the final decision. The company may suggest a list of doctors
to choose from for the third opinion, but the employee may suggest who
they would like to see for the third opinion.
If your FMLA has been denied, be sure to follow through with the
second and third opinion. If you have a medical condition for which you
and your doctor believe you qualify for FMLA, you can also start with a
new certification.
Applicant Liaison
One of the repeated complaints I hear as a Union officer is that Metro
Transit does not hire or promote from within, or not enough from within.
Many members have called me after their application has been rejected,
and they feel that there is bias against existing employees. Often Metro
Transit managers or HR workers tell us that employees lack
qualifications, or do not interview well.
Now there is a resource from Metropolitan Council’s HR Department:
The Applicant Liaison. Please call Tom Ervasti (651-602-1562) thomas.
[email protected]. If you are looking for assistance to complete
an application, prepare for an interview, or better understand the
recruitment process, please contact Tom. Those of you who are looking
for a job internally should take full advantage of this opportunity.
Blowing Off Steam
Have you ever gone into the manager’s office to “blow off steam”
regarding a rude customer, a poorly written schedule, or another of the
OFFICER’S
CORNER
Page 2
Mark LawsonRecording Secretary/Ass’t.
Business Agent
LOCAL 1005
OFFICERS
President/Business Agent
Michelle Sommers
Vice-President
Dorothy Maki
Recording Secretary/
Ass’t. Business Agent
Mark Lawson
Financial Secretary/
Treasurer
Tommy Bellfield
ATU Local 1005
Union Office
8 a.m. - 4 p.m.
(Closed 12:00 - 1:00)
312 Central Ave.
Suite 345
Mpls., MN 55414
612-379-2914
email:
website:
www.atu1005.com
Calendar
Education Committee
Meetings - 11:30 a.m.
on the third Tuesday
September 17th
October 15th
Membership Meetings
on the fourth Tuesday
September 24th - St. Paul
October 22nd - Mpls.
10:00 a.m. and 7:00 p.m.
Continued on page 11
Page 3
Union Meeting Highlights
June 2013
Executive Board Recommendations
The 2013 Midwest & Southern School for Union Women will be held
August 15-18 in Little Rock, Arkansas. Local 1005 will send one
Executive Board Member at registration cost of $350, airfare and per
diem.
Requests for Arbitration
An MJR operator requested arbitration over a 12B Observation Only
Violation. After discussion, the Executive Board voted to not
recommend this case to arbitration. This case will not go to arbitration.
An MJR operator lost four weeks of pay due to management’s
mishandling of a Return to Work exam. After discussion, in which the
operator made a statement and answered questions, the Executive Board
voted to recommend this case for arbitration. This case will go to
arbitration.
Other Business
Joe Herbulock and Todd Gadtke, attorneys, addressed the Executive
Board regarding Workers’ Compensation issues.
President’s Report
Michelle Sommers reported:
The Rochester Contract - We are still waiting for more negotiation
dates with the mediator.
The MN AFL-CIO is talking about transportation funding. We’re
trying to get the building trades to be on the same page with us.
An LRT arbitration was won! A Class A violation for a trailed switch
was reduced to a Class B.
A big “Thank You” to the ATU International Women’s Caucus
volunteers! This local got an almost five-minute ovation for the work
done. Many people said that this was the best Women’s Caucus ever.
There was a meeting regarding severe weather. The Company is
working on a better template for getting information to the buses. TCC
will have an incident commander. They will no longer wait for official
notification from the National Weather Service, but will go with the first
warning they have (from TV, radio, etc.)
Picnic August 11th - Mark your calendar!
Vice-President’s Report
Dorothy Maki reported:
August 11th is the Picnic! There is a volunteer list going around. We
would like an hour of your time to help with some things.
New Business
Nominations were re-opened for the Interim election of South
Transportation Board Member: Arthur Hayne 9414 was nominated by
Lisa Benson 9143. Mike Qualy 293 was nominated by Theresa Collins
1378. Kristine Schaefer 71044 was nominated by Gary Bier 3062.
Nominations were closed until the Rochester meeting.
Report of Rochester Dave Gosha reported: No dates have yet been set for contract talks
Education
Committee
Advisors
Dorothy Maki
Mark Lawson
Chair
Melanie Benson
South
Theresa Collins
Heywood Office
Ilona LaDouceur
Rec. Secretary
Sam Adams
Nicollet
Alec Johnson
Ryan Timlin
Ruter
Jackie Williams
Joseph Oladipo
East Metro
Philip Jarosz
Doug Barton
Heywood Garage
Faye Brown
Vice-Chair
Debbi Sievers
LRT
Carl Rice
Lisa Callahan
Joseph Otoo-Essilfie
725 Bldg.
Stephen Babcock
Layout
Editorial Board
Ken Dolney
Gary Bier
Light Rail
Carl Rice #6223
Lisa Callahan #6716
Joseph Otoo-Essilfie # 67312
LRT welcomes three new
operators who started on June 17th
and whose training is now
completed.
#2129 Daniel Tedford
#2176 Gregory Lindwall
#9975 Alemayehu Abay
Welcome to Larry Wilson, who is
currently in training.
A class of one will start on
August 20, 2013, and on October
5th, 12 more operators will start
training. (SENIORITY!!!!!!)
Congrats to all the new Relief
Instructors for LRT:
#2031 Hugo Fuentes
#2459 Linda Brown
#64023 Russell Nelson
#67312 Joseph Otoo-Essilfie
#66202 Hassan Ali
#66249 Mohamud Ibrahim
#6716 Lisa Callahan
#66104 Stanley Jones
#68103 William Morris
#69127 Vincent Gillispie
#69140 Adam Hinrichs
Page 4
with the mediator.
Worker’s Comp: whether you think it’s serious or minor, report it
immediately. If injured, choose your own doctor; the company cannot
dictate which doctor you see.
Management has been driving and dispatching a lot lately in non-
emergency situations. Let us know every time it happens so we can put a
stop to it.
July 2013
Arbitration Requests/Executive Board recommendations
Note: If a member requests arbitration and the Executive Board, after
hearing the case, decides to recommend arbitration, the members don’t
have to vote on it. If the Executive Board votes not to recommend a case
for arbitration, the grievant can appeal to the membership.
A Nicollet operator requested arbitration on a Memo to File. After
discussion in which Joe appeared and made a statement, the Executive
Board voted to recommend this case to arbitration.
An FTH operator requested arbitration on a Final ROW: Misconduct.
After discussion, the Executive Board voted to recommend this case
for arbitration.
A First Transit Rochester operator requested arbitration over a
Discharge: Class One safety violation- cell phone. After discussion, the
Executive Board voted to recommend this case for arbitration.
LRT O&M is requesting arbitration over management performing
ATU work. After discussion, the Executive Board voted to recommend
this case for arbitration.
A Nicollet operator requested arbitration over a Discharge: Fourth
Responsible Accident and Overall Record. The Executive Board voted
to Not Recommend this case for arbitration. The members voted.
This case will not go to arbitration.
Financial Secretary-Treasurer’s Report
The following members passed away since last month’s meeting:
Thomas Durand- Active
Rodger “Elvis” Smith- Retired
Members stood for a moment of silence.
President’s Report
Michelle Sommers reported:
Rochester contract negotiations resume August 14th. Hopefully First
Transit will come serious to negotiate a settlement, or we will see where
we go from there.
Transportation Funding- We are working with community groups and
the Transportation Alliance. Many groups are working for better funding,
and next year looks like our best shot at getting a good bill passed.
An LRT operator’s arbitration on a Red Signal Overrun was lost.
Heywood
Ilona LaDouceur #66048
Faye Brown #6331
Debbi Sievers #64222
Sam Adams #3634
TIC
Just in time to experience the
State Fair and the beginning of
school year, we welcome our
newest class that started on
August 5, 2013. They are Erica
Kocur, Michael Foster, Robert
Cordray, MsShatia Hamilton,
and Nathan Abney. Welcome
and Good Luck.
Belated Retirement Party
On December 2, 2010, Bill
Larson #1540 retired from
Metro Transit after 38 years of
service. At that time, he didn’t
have a party or receive his
plaque. That was remedied on
July 2, 2013 at 1:00 in the
Heywood drivers’ room, where
he was finally presented with
his plaque.
Bill Larson has been making
retirement posters for other driv-
ers for years, using their hire-
date photos and other illustra-
tions, leaving space for others to
sign their greetings and good
wishes.
Thanks go out to Bill for his
thoughtfulness and creative
efforts.
We wish him the best in his
continuing retirement.
Page 5
The LRT Track Maintenance Department - Two arbitration cases were
settled. Management acknowledged that they have the responsibility to
get occurrences signed off in a timely manner.
I am leaving for Washington, D.C. Restroom Breaks is meeting. We,
and Metro Transit, are sponsoring a proposal regarding restroom breaks.
Monday and Tuesday the ATU Bylaw & Restructuring Committee will be
meeting and making recommendations that will be heard at the ATU
International Convention.
South Garage - The runoff election for Transportation Executive
Board Member will occur on August 7th.
FMLA – There are big problems at Metro Transit. We filed a class-
action complaint with the Department of Labor. Paperwork from
members shows a pattern of bad behavior by management.
DOL made a large information request to research the problems
further, and may be contacting employees. Hopefully we will see changes
soon. There will be more information about second and third opinions for
FMLA in the next Newsletter. (This Newsletter)
This morning, I appointed Joseph Oladipo #66152 and Theresa Collins
#1378 to the Education Committee.
MSRS Board Meeting- The last fiscal year saw a 14.25% profit on
investments. Kudos to the Minnesota Board of Investment.
New Marriage Act- Same sex marriages outside of Minnesota will be
honored on August 1st (for benefits purposes). DOMA needs to be
thrown out because of tax implications. Deferred Compensation and
Health Care Savings Plan will be taxed because of federal laws.
The Union Picnic is August 11th! Show up and have a good time!
It’s a family event - bring your kids!
Reminder that the next Union Meeting is August 20th due to the
International Convention the following week.
Delegate Reports
Gary Bier was a delegate to the Can-Am Conference. He said it was
interesting with lots of history. There was lots of discussion about Right
to Work - we need to be careful or we will have the fight again here in
Minnesota. There was some talk about workshops at the convention
about getting more members involved.
Michelle Sommers was a delegate to the Can-Am Conference, and
mentioned that the two speakers about the civil rights movement in
Memphis were very good.
Jody Theisen attended the CTUL Gala. He thanked the membership,
and mentioned that it was very interesting to see their struggle against
discrimination.
Page 6
MJR
Jackie Williams #66180
Joseph Oladipo #66152
MJR is anxiously awaiting our long-
overdue kitchenette. It was set to be in place
by the end of August, but it looks like we will
have to wait until after the State Fair.
The garage manager has appointed six new
volunteers to the Garage Advisory Committee.
Committee members help formulate ideas and
policy dealing with garage use by drivers,
allowing MJR drivers to be participants on
issues that affect drivers directly. They helped
come up with the plan to relocate smokers from
the front door to the side door, and they also
helped to formulate our new refrigerator-use
policy.
Members are: Maria Staples #2479; Carlisa
Lyles #64298; Terri Jackson #66168; Andrew
Kimbell #67462; Litina Laramee #71224;
Annette Deschennes #72276.
Drivers are encouraged to talk to these
people about new rules for the new kitchen.
Garage Coordinator Harlan Daudt
celebrated 35 years of service August 2013. He
received a plaque to commemorate the
milestone. Congrats, Harlan and Good Work.
30 more years!!! (There is a picture of the
occasion on page 25.)
We welcome back Garage trainer Leatha
Falls #2109. She is back after a three-year
hiatus to Heywood. We always knew you
would come back home.
We as a garage need to have a conversation
regarding parking etiquette. Far too many
drivers are using two spaces in the lot creating
an inconvenience and parking shortage. It is
not nice to start our day frustrated with parking
even before we deal with the normal
frustrations of driving a bus. If we let
management step in to solve the problem, we
are guaranteed not to like what they come up
with. People who need to use two spaces
should seriously consider parking in the back
of the lot.
Employee Update: Marriage Equality Act
Back in May, Governor Dayton took historic action
by signing the Marriage Equality Act legalizing same-sex
marriage in Minnesota effective August 1, 2013.
In addition, because the Supreme Court declared
unconstitutional the provisions of the Defense of Marriage Act
(DOMA), same-sex spouses in Minnesota will be able to claim
the same tax-advantaged status under both federal and state
law. What does this mean for Council employees?
Benefi t Changes
Metropolitan Council employees who marry pursuant to
the statute may add their same-sex spouse to the following
insurance plans:
- Medical
- Dental
- Vision
- Spouse/dependent life insurance
In addition, a new spouse is considered an eligible
dependent under a Flexible Spending Account (FSA);
employees may start, stop, increase or decrease contributions
to medical fl ex according to IRS rules. Lastly, for employees
enrolled in the Empower HRA medical plan, the new spouse is
considered an eligible dependent for reimbursement from the
HRA account.
As with any family change employees must submit a
Medical/Dental Change Form (see resources below) and a
copy of the marriage certifi cate to the Benefi ts Offi ce within
31 days of the marriage date in order to make any changes to
coverage. If the form and marriage certifi cate are not submitted
within 31 days, employees will need to wait until open
enrollment to add their spouse. Coverage will be effective
the fi rst of the month following the date a change form and
marriage certifi cate are received by the Benefi ts Offi ce.
If a same-sex marriage occurred in another state that legally
recognizes same-sex marriages anytime in the past, a change
form and marriage certifi cate can be submitted by the end of
the day July 31, 2013, for coverage to begin August 1, 2013.
The new laws will apply to retiree benefi ts as well.
Communication will be sent to retirees in July.
Resources and Forms
For a complete list of family changes associated with marriage:
http://metnet/ra/hr/BeneFFL/Benefi ts/Family%20Status%20
Changes.pdf
Link for Medical/Dental change form:
http://metnet/ra/hr/BeneFFL/Benefi ts/Medical%20Dental%20
Change%20Form.pdf
Page 7
East Metro
Philip Jarosz #65015
Doug Barton #68273
Fit for Life
East Metro is proud to have
acquired some new exercise equip-
ment. These additions to our exer-
cise room have been a long time
coming. Our new Fit for Life
coordinator, our own Ed Selinske,
has big plans both for the room
and for us. Come one, come all.
Congratulations, Ed!
Parking Buses
Operators - Bay service has
put out a request for all a.m. oper-
ators returning from morning rush
who are instructed to park their
buses in “B” bay to know what
lane your particular bus belongs
in. There are certain lanes for cer-
tain buses. If you are unsure, ask
dispatch or seek out bay service
personnel. Please return schedules
either to the boxes located down-
stairs or be really nice and lug
them upstairs so they can be put
away.
Congratulations
Congratulations go out to John
Azar #70203, Marshall Freeman
#6320, and Kenny Johnson #6375
on being our newest relief instruc-
tors. We as fellow operators look
forward to helping and encourag-
ing you in your new endeavors. A
warm welcome goes out to our
newest part-time weekday operator
Mr. George Buford #73369. May
happiness and success find you.
Additional benefi t questions - Call the Benefi ts-One line at 651-602-
1601.
FMLA, COBRA* and Minnesota Continuation Laws
- Family medical leave (FMLA), a federal law, will now be available
to same-sex spouses with the overturn of DOMA. See Council
procedure 4-4d Family Medical Leave Act for details.
- Same-sex spouses will be considered “qualifi ed benefi ciaries” under
COBRA.
The Marriage Equality Act affects Minnesota laws that require
continuation of coverage for the covered spouse and/or former spouse
after certain events, including voluntary or involuntary termination or
layoffs. Same-sex spouses are also entitled to the continuation of life
insurance coverage under Minnesota law.
Minnesota Human Rights Act Protection
The Minnesota Human Rights Acts protects individuals on the basis
of sexual orientation. It also includes protection against discrimination
on the basis of the “identity, situation, actions, or beliefs of a spouse or
former spouse.”
Other Council policies, agreements or plans
Any references to “spouse” in Council policy, procedure, labor
agreement or non-represented plan shall be understood to include same-
sex spouses after August 1, 2013.
If you still have questions, feel free to contact HR Management staff.
*The federal Consolidated Omnibus Budget Reconciliation Act (COBRA)
gives workers and their families who lose their health benefi ts the right
to choose to continue group health benefi ts provided by their group
health plan for limited periods of time under certain circumstances such
as voluntary or involuntary job loss, reduction in the hours worked,
transition between jobs, death, divorce, and other life events.
7-3-2013
CRYPTO
Each letter stands for another. If you think M=E, for example, it
would equal E throughout the puzzle. Clue: B=E, D=A (Answer on
page 22) Submitted by Pat Kelehan, Facilities Tech. #5470
A Z B X C W D A B F Z V T A V G B
G D W K B H W N C A H W V L V A Z B W
T Z C X T F D T P M V F M D T D
F D A B W H B G V M.
History and Update on LRT and Commuter RailBy Lisa Callahan #6716, LRT
A Little LRT History
The Hiawatha Light Rail Line (now the Blue Line) first began service
in June 2004, almost 10 years ago. When the Hiawatha Line first started,
Metro Transit hired 30 drivers in 2003 from within. The first 15
employees were training in December. Of the 15 drivers at that time,
only two remain. The rest have retired, have been promoted, or have left
service. That’s amazing. The next 15 started in January with their training
and, out of that 15, there are eight left - for a total of 10 drivers remaining
out of 30. When I started light rail in 2010, I was the 50th driver at that
time (that’s all they had room for). Before long we were up to 53 and now
I believe we have 64, but that includes starting to train the operators for
the Central Corridor (the Green Line). By the time the Green Line opens
in June of 2014, they want to have 119 operators .
In June of 2004, the Hiawatha Line only went as far as Fort Snelling.
It didn’t start running to the Mall of America until December of 2004
Northstar Commuter Rail
The Northstar Commuter Rail Line began service in Late 2009. It
runs on freight tracks and goes up to 79 mph with an estimated travel
time of 49 minutes from downtown Minneapolis to Big Lake, with six
station stops in between. It has a conductor and an engineer. Northstar
logged more than 700,000 rides in 2012. It runs primarily rush-hour
service and regular service on weekends as well, and also runs extras for
events such as the Twins games and Vikings games.
Central Corridor (Green Line)
Metro Transit wants the Green Line open for sure by June 2014, in time for the All-Star Game that Minnesota
will be hosting at Target Field on Tuesday, July 15, 2014. We will be running pre-revenue six weeks prior to the
opening of the Green Line, if not sooner. I heard a rumor that we might be starting to run the Green Line non-
revenue to test trains, in the coming weeks (at least a small portion of it). The Green Line will be 11 miles long,
connecting Downtown Minneapolis and Downtown St. Paul via Washington Ave. and University Ave., passing
the State Capitol and the University of Minnesota. There will be 18 stations, plus five stations shared with the
Blue Line. It will run approximately every 10 minutes during peak times, and the ride will take about 39 minutes
between St. Paul and Minneapolis. At this time the construction is 94% complete.
Southwest Line
Southwest Light Rail will be an extension of the Green Line from Eden Prairie to Downtown Minneapolis.
As of right now, the line would be 15.8 miles long with 17 new stations. This line could be up and running by
2018, but planning and funding are still in the works. You can read more at Metropolitan Council website. As
more information becomes available, we will update.
The Red Line
The Red Line opened in July of 2013. It is run by the Metropolitan Council, but is driven by Minnesota
Valley Transit, operating bus-only all-day service between Apple Valley and the Mall of America.
An interesting fact
Through the first half of 2013, customers have boarded Metro Transit buses and trains 39.9 million times –
312,000 more rides than the same period last year (a 0.8 percent increase).
Page 8
725 Bldg.
Stephen Babcock #3128
Electronic Department
Electronics has completed
the first phase of our new bus
installs for this year. They will
focus on rebuilding cables for
installs and after the State Fair
they will focus on removing
equipment for buses going out
of service.
Farebox Department
Farebox Department is going
to hire three more technicians.
Training Department
Continues to pump out new
employees.
Commuter Rail
Big Lake
The Education Committee cur-
rently has no representative from
Commuter Rail. If you’d like to
join the committee, please contact
the union office. (612-379-2914)
If you’d like to contribute informa-
tion for a column, that would be
appreciated, too. Thanks.
Page 9
Nicollet
Melanie Benson #854
Alec Johnson #66034
Ryan Timlin #66279
Nicollet Garage Sale
The 2013 Nicollet Garage
Sale has now been scheduled for
Saturday, September 7 from
9:00 a.m. to 4:00 p.m. This sale
raises funds for garage activities
and the cost of cable for the tele-
vision in the drivers’ room.
Donations are no longer being
accepted, but please feel free to
shop at the sale and tell your
friends and relatives and passen-
gers about it. If you’d like to
volunteer, please contact Maria
Flores #6942.
Please bring in paper or plas-
tic bags to contribute.
Joel Terrell Retires
Congratulations to Joel
Terrell, Nicollet Garage
Coordinator, on his retirement
after more than 30 years of
employment. The place won’t
be the same without him, and he
will be missed!
Curtiss Carr is the Acting
Garage Coordinator until the
position is filled.
Scream Out Loud!Faye Brown #6331, FTH
I know every garage has the two or three different tables where
everyone sits or stands around and vents about events of the day on the
bus - the passengers, the police, even Control. We laugh and make jokes
- but it’s not funny. If you were never a driver, you will never
understand; and if you were a driver at one time, you only have past
memories.
They always say don’t drive distracted, but as soon as the door opens
there’s a possible distraction that can walk up your stairs and greet you
right in the face: people talking at the top of their lungs, babies crying
very loud, music playing loud with headphones attached, wheelchairs
with no place to put them on the bus because on one side is the lady who
refused to fold up her stroller when you asked her, and on the other side is
a newly-allowed Segway (stand-up two-wheeler) - so no room - OH
WELL! or those “I left my wallet at home” ones saying “the other driver
let me go” - So what you’re saying is you’re a recurring fare evader?
Okay. Cars, bikes and pedestrians are doing all kinds of crazy things
outside - not to mention your life going on in your head.
And we are supposed to be able to ignore all these distractions on a
day-to-day, year-by-year basis without making a mistake (like robots)??
Hey, don’t you realize this could be labeled in my book as traumatic
stress, and could even make a person sick inside? (“Don’t do this, don’t
say that or someone will call in on you.”) Then, to put the cherry on the
sundae, there’s MANAGEMENT - need I say more?
Sure there’s Peer support, DOR and co-workers to talk to - but no one
really wants to share personal stuff cause we feel we can’t trust them to
keep it to themselves, so we continue to keep holding it in, thinking it’ll
go away - until we have an incident like at rail, where we lost a precious
life of one of our own, or a heart attack or cancer because of the stress
held inside.
Because of the stress we deal with here’s something to say when
asked, “What’s the problem?” I’M HAVING A ROUGH DAY. This is a
way for both of us to release. We deal with so much, it’s like knives being
thrown at us really fast and we have to see them all.
When I talk to drivers about writing what
they feel, it’s a way for both of us to let it
out.
But also - please seek help, please seek
help. You won’t be the first or the last.
I did.
Funny Story from
TIC – A young woman
called and said. “Yeah,
I’m on Central Avenue
and 18th in the bus
urinal. Where is my
bus?”
Page 10
TRANSIT SAFETY/SECURITY
COMMITTEE (TSSC) MEETING
MINUTES
May 13, 2013
Members of the Committee Present:
Monica Kruger – Management Advisor
Nicollet Kermit Wallace – Chair
Nicollet Jerry Langer – MJR
Roland Green – LRT
Deb Sievers – FTH
Cornelious Sykes – South
Shenghai Ly – East Metro
Others in attendance: Brenda Himrich – Safety
Lieutenant Chuck Donaldson – MT Police
Sergeant Richard Grates – MT Police
Sergeant Richard Raymond – MT Police
Capitan Mike LaVine – MT Police
Mike McNamara – Manager, Rail Transportation
Christy Bailly – Director - Bus Operations
Emily Anleu – Recording Secretary
Mark Lawson – ATU
Approaches for resumed TSSC Activities: This meeting
is to focus on operator security and problem solving.
We want to maximize the cooperative aspect
We are continuing to work through the process of
making the committee more effective. There will be
confl ict and discussions, but let’s work together to
problem solve
Mark Lawson, ATU – Glad we are meeting again
and that management and police have been willing
to meet with the ATU members to work on safety
issues. Management has offered to provide training
in communication and problem solving to the ATU
members.
Cornelious Sykes, South Garage – Operators are happy
that the committee has started meeting again.
We will work on getting a routine time for us to meet.
June 27th meeting – LRT
July 30th meeting – Nicollet
Remaining meetings will be scheduled.
Training - All members are invited to come. Formal
invitations to follow.
June 12 - All day training: Sessions, Problem Solving,
Principles and Qualities of Genuine Leadership
July 17: Communication Fundamentals , Confl ict
Styles
By-Laws - In process – We will communicate that at a
later date.
Topics: Security Topics – Group discussion The
Operator Representatives named topics they’d like to
consider. The top priorities among those topics were
identifi ed by the Operator Representatives. (These were
written on the white board. Top topics had to do with
assaults, with teens as fl ash mobs or causing problems
on buses, and with teens hanging out at transit stations.)
Next steps would be to consider how we want to
respond to all the topics identifi ed.
Police would like to know about topics beforehand so
they can come to the meeting prepared to discuss the
issues.
There is a delay in getting information about specifi c
and general concerns. If TSSC could ask for concerns
or situations a week or a couple of days beforehand
then Police could come with more specifi c information.
Ways to communicate issues and concerns were
discussed.
Christy Bailly, Bus Operations – How will police
information, such as assaults and incidents, get back
to operators if it won’t be provided here? Monica
Kruger, Management Advisor: That information can be
communicated here, but it won’t be the main focus.
Rolland Green, LRT – I liked to get the police report
because it was stuff that we wouldn’t hear about on the
LRT side. We don’t always know what happens on the
bus side.
Cornelious Sykes, South – We should have one person
that we contact about communication to police about
issues. Then police can report on the issue at the next
meeting. Monica will relay the concerns operators
identify ahead of time to the police.
Deb Sievers, FTH – We should have a deadline to get
in issues and then you can give it to the police.
Kermit Wallace, Nicollet – We should split the
meetings
One meeting for the operators to discuss topics and
then they are given to the police.
Another meeting, separate day, the police will attend
and discuss the issues.
• Monica Kruger – We can bring up issues in between
meetings o You can turn them in to be answered before
the next meeting.
South
Theresa Collins #1378
We have several new drivers
(both part- time and full-time) who
have joined us here at South, so
please welcome them to our fami-
ly.
Mark, our safety specialist,
says, "There are more customer
falls aboard our buses lately, so to
avoid having to fill out incident/
accident reports, wait until the
elderly, disabled and intoxicated
passengers are seated before leav-
ing the bus stop."
Congratulations to Art Hayne
#9414 for winning the drivers/dis-
patcher election for union rep. We
look forward to having you repre-
sent us. Thank you to our former
union rep Tom Loehlein #9794.
Best of luck on your new position
as full-time dispatcher at
Heywood Garage. You will be
missed.
Congrats go to Mike Vaughn
#2216 and David Nelson #69177
on your new positions as relief
instructors.
A big welcome to three new
mechanics: Dan Richards, Sam
Heitzman and Richard Knapp.
The shop asks operators to
always write up bad-order buses
and place them in the fuel racks,
never back in the bays. Thank
you.
The Bus Roadeo is coming
soon, so make sure to sign up.
The winner will go to Kansas City
this year. It would be nice to have
a lot of participation from the
South operators.
Page 11
• Police – TSSC meets every 30 days so this way at least every 30 days
operators can get an update about hot button topics and general concerns
and we can provide information as we have it
5th and Minnesota there was a gang fi ght – happened at a bus stop, but this
is a St. Paul Police Department case o There were stabbing and beatings
Detective Grates has identifi ed many of the gangbangers and has been
able to get some of them arrested.
Detective Grates – Route 64 has been a hotbed for problems. These are
gangs. We have identifi ed many of them.
We trespass some of them.
We would like operators to watch for suspicious behavior. For
example, if you see a person with their face covered up, they are probably
going to cause a problem.
Cornelious Sykes, South – Can we get a video or notice to say that you
will be prosecuted for different things? Education for the public is an
important aspect.
There is a code of conduct card in each bus.
In the past there have been placards that said here are the rules and you
will be prosecuted.
many stresses of the job? This may not be a good idea. From time to
time members come to me and express how angry they were with a
manager because something they said while “blowing off steam” was
brought up later and used against them.
I encourage you to not go into your manager to “blow off steam.”
Although some managers have come through the ranks, and should
understand the stresses of the job, often they will use something said
against an employee later.
If you need to talk to someone to relieve some stress, please contact
your ATU Executive Board Member, Peer Support, a fellow ATU member
that you trust, or even me. I would much rather you call me than say
something to a manager in a moment off stress that you will regret for a
long time to come.
Officer's Corner Continued from page 11
Talent Corner by Deborah Sievers
If you or someone you know has some special talent and would
like to share it with your co-workers, please contact Deb Sievers at
Heywood Garage or leave a message at
612-695-0238.
Page 12Hiring: Legal and Ethical Considerations
Joseph Otoo-Essilfie #67312, LRT
Jackie Williams #66180, MJR
Efficiently combining inputs to yield output or to produce services is by far one of the most important
management functions of any organization. Hiring new employees or promoting existing employees can be
difficult, but it must always be guided by the existing federal, state, and local laws. Managers, human resource
practitioners and employees should always know and understand these laws and how they affect hiring in order
to ensure fair hiring practices, and to remain out of court for violations. Federal employment laws are passed by
the United States Congress and individual states must follow those laws but may expand such laws without
reducing the original intent of the law.
Some of the laws that are important to the hiring process are Title VII of the Civil Rights Act of 1964, the
Age Discrimination in Employment Act (ADEA), and the Americans with Disability Act (ADA), among others. I
chose to comment on all of these important laws because they regulate the employment environment.
Title VII of the Civil Rights Act of 1964
(a) It shall be an unlawful employment practice for an employer-
(1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any
individual with respect to his or her compensation, terms, or privileges of employment, because such
individual’s race, color, religion, sex, or national origin; or
(2) To limit, segregate, or classify his employees or applicants for employment in any way which would
deprive any individual of employment opportunities or otherwise adversely affect his status as an
employee, because of such individual’s race, color, religion, sex, or national origin. (Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C.A. sec.2000e et seq., sec. 703(a).)
Title VII of the Civil rights Act of 1964 is the employment section of the act, but it seems to be one of the
most important pieces of legislation that has helped shape and define employment practices in this country.
Employees are protected against unjust dismissals, intimidations and demotions under this legislation. Employers
could also be challenged in decisions regarding hiring, firing, discipline, and promotions if an employee feels the
decision was based on the employee’s race, color, gender, national origin or religion. This could be contentious
and controversial in many work places. Metro Transit is no exception. Unions as organizations are also covered
by this law. Employees can seek remedy or can file a discrimination case against their employers with the EEOC.
Punitive and compensatory damages could be sought if the employer
were found liable or if the employer’s actions were found to be
malicious and done with reckless indifference to the federally-
protected rights of the employee.
Age Discrimination (ADEA)
This act prohibits discrimination in employment on the basis of
age, and it applies to individuals who are at least 40 years old. This
law applies to public and private employers, unions and employment
agencies. The general perception of the American culture is that
youthful age comes with energy, imagination and innovation. On the
other hand, the perception is that with age comes less energy and a
decrease in the quality of the person as an employee. This was
evident in a congressional report in 2005 showing continuing bias
against older workers.
Myths such as: Older employees are not hard workers, they’ll
get tired more easily than younger workers, and they are less able to
perform than younger workers, still show their ugly heads in many
workplaces in the country, according to the 2005 Congressional
Report. It is important for employers and employees to know that
there is no upper age limit to work. An 85-year-old man may be just
Page 13as qualified as a 30-year-old man and should be given the opportunity to prove his or her qualifications as
prescribed by the law.
Americans with Disabilities Act (ADA)
The ADA protects disabled persons in that, if a person is disabled, he or she cannot be overlooked if he/she is
qualified for the job. In other words, as long as an individual with a disability is otherwise qualified for a
position, with or without a reasonable accommodation, the employer may not make an adverse employment
decision solely on the basis of the disability. Nor may an employer classify an applicant or employee because of
a disability in a way that adversely affects his or her opportunities. It presupposes that the essential elements of a
job must be specified and if an employee can perform these essential elements the assumption is that the
employee can perform the job and a reasonable accommodation must be made to enable an otherwise-qualified
handicapped person to perform those functions. A lack of compliance places an organization at risk.
National Origin Discrimination
National origin discrimination involves treating people (applicants or employees) unfavorably because they
are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of
a certain ethnic background (even if they are not).
National origin discrimination also can involve treating people unfavorably because they are married to (or
associated with) a person of a certain national origin or because of their connection with an ethnic organization
or group.
Discrimination
can occur when
the victim and
the person who
inflicted the
discrimination
are the same
national origin.
Employers with
15 or more
employees are
required to
comply with this
law. Employees
have 180 days
(may be extended
by state law) to
file a national
origin
discrimination
claim. The EEOC
office in Minnesota reported in their 2012 report that out of 1200 cases filed, 17.5% were of national origin in
nature.
Ethics
The process of hiring both internal and external applicants should always be within the confines of the law
and ethical. It legitimates the hiring process and strengthens the employee/management relationship.
Incorporating ethical standards in the hiring process not only ensures fairness and compliance, but also helps
identify qualified applicants. Most of us would like to be ethical in our daily decisions but chances are that
we may not after all be ethical. According to a Harvard Business School research released in 2008, most of us
may be impaired by what is called “implicit prejudice” when making hiring decisions. What makes this flaw so
Page 14common and difficult to detect, according to the research, is that it is rooted in our fundamental mechanics of
thought and we are unconscious about it for the most part. An example would be expecting rain after thunder,
gray hair and old age, a person with an accent being unable
to speak good English. It is suggested that hiring managers
take the implicit association test (IAT) to reveal their
unconscious beliefs and be mindful of such beliefs when
making hiring decisions.
One unethical practice that sometimes rears its ugly
head in our various workplaces is in-group favoritism or
nepotism. Research indicates that we tend to do more
favors for the people we know - same nationality, race,
religion family members and social class are some
examples. This may be accidental or intentional. Imagine a
scenario where all light rail operators are all of one race
given the demographics of the Twin Cities.
No major employer could justify hiring only from one
group under the guise of hiring for “the right fit.” This
would clearly be unethical and may be legally costly.
Another important finding by scientific research is that when it comes to merit vs. nepotism hiring, not only is
nepotism perceived as less fair, but individuals believed to benefit from a family connection during the hiring
process are perceived less favorably than those believed to have been hired based on merit. The reality is that
“for a wide range of managerial tasks including hiring, promotions, qualified minority candidates are subtly and
unconsciously discriminated against for the
simple reason that they are in the minority
for there are not enough of them to counter
the propensity for in-group favoritism of the
majority”. (Harvard Business Review, 2008)
“Trying harder” isn’t enough to forestall
some of these largely unconscious biases,
rather ethics training for managers to be
conscious of their own biases (conscious
and unconscious) goes a long way to
minimize the impact of personal biases in
promotion or the hiring process.
The hiring process is deemed fair when
hiring managers or those responsible for
hiring are well-trained, educated, ethical and
mindful of their own conscious and
unconscious biases - for it identifies qualified applicants and avoids painful and sometimes costly legal litigations
and also provides a safer working environment.
Metropolitan Council Policy Section 4-2
(Interview)
Prohibited questions related to “race or national
origin”
What is the derivation of your name?
Where did your family originate?
What languages are spoken in your home?
Do you speak clear English or with a foreign accent?
Are you planning to return to your native country
soon?
Are you: White, Black, Hispanic, Native America, or
Asian?
Should you be given special treatment because you
are a minority?
Prohibited questions related to a “candidate’s age”
How old are you?
When did you graduate from high school or college?
How do you feel about taking orders from someone
Page 15
younger than you?
How many years left before you retire?
Prohibited questions regarding “religion”
What church do you belong to (or attend)?
When do you practice religious observances?
Do you hold devotional services on Saturday?
Do you hold any leadership positions in your church?
Does your religion require you to follow a dress
code?
Prohibited questions regarding “marital status” or
“sexual orientation”
Are you married, divorced, single?
How many children you have? What are their ages?
Who cares for them when you while you are work?
Do you use birth control? If you become pregnant,
would you quit your job?
What does your husband/wife do? Is your husband/
wife a union member? How likely is that your wife/
husband will accept a job in another city?
Are you gay? What sex group are you most attracted
to? Do you think gay people should have special
rights?
Prohibited questions regarding “disability”
Do you have any disabilities or handicaps?
Have you been tested for HIV? Are you taking
prescription drugs?
Have you ever been treated for a mental condition,
drug addiction or alcoholism/
How many days were absent from work because of
illness last year?
Are you receiving, or have you received workers’
compensation benefits?
TLC Ice Cream Social
On Thursday, July 18, Transit for Livable Com-
munities staff (left) and guests celebrated the
opening of the new TLC offi ces on University and
Raymond Avenues.
TLC is an advocacy group for transportation
and transit in the Twin Cities area and has worked
closely with ATU Local 1005 on many legislative
initiatives.
Marlin Jensen and Jim, IBEW
electrician working on the Green Line
Dave VanHattum, Senior Policy Advocate TLC; Barb
Thoman, Executive Director TLC; Jan Lysen, Board
Chair TLC
In the next issue, I’ll address affirmative action, myths about it and how it interacts with Title VII of the Civil
Rights Act of 1964.
Sleep Apnea
Part Two of the “Sleep Apnea” article begun last issue has been delayed because of diffi culty getting in
touch with drivers or operators who have been through the process of managing their condition after being
diagnosed, and the impact this has had on their DOT certifi cation.
If there are any drivers who would like to speak with me about this topic, please contact me at Nicollet
Garage through interoffi ce mail or send me an email at [email protected]. We will not need to use
your name or badge number, and confi dentiality will be maintained.
Thank you –
Melanie Benson, Driver 854, Nicollet Garage
Page 16
Transit Weathers Severe Summer ThunderstormMelanie Benson #854, Nicollet Garage
Truncated tree stumps and buckled sidewalks are among
the few remaining signs of the storm that struck the metro
area on Friday, June 21st – but no one who was out in the
maelstrom or tried to drive through it will ever forget the
fierce winds or the inundating rains that flooded streets,
broke branches and uprooted trees.
Impact on Buses
A 21-line driver described “slogging” down Lake Street
through deep water while remaining vigilant for pedestrians
and other vehicles, as traffic and street lights were out
altogether. Dispatchers at Nicollet Garage said rising waters
lapped at the door of the drivers’ room and then, just as suddenly, disappeared. Water was halfway up the cars
parked in front of the garage.
Metro Transit management provided an overview of how the system functioned, as a whole. From Chad
Loeffler, Acting Manager of the Control Center:
“Additional staff, including myself, Lisa Johnson (Mgr of
Street Operations), Brian Funk (Asst Director of Field
Operations), and additional Transit Supervisors, reported to work
and stayed late to assist with creating detours and clearing buses
that were stuck due to down trees and/or power lines. Difficult
areas where buses were blocked included Richfield Rd. on the SE
corner of Lake Calhoun, Lake St/Thomas Ave on the north side of
Lake Calhoun, Cedar Ave in South Mpls, to name a few.
Operators did a fantastic job of operating safely under
very stressful conditions. Operators followed many storm-
related detours which in some cases were very long in length,
maneuvering through areas that were dark and without
traffic signals due to lack of power. I talked with many
Operators on the radio who were great and were working to
serve their customers despite the difficulties that the storm
created and the delays to service.”
Loeffler also provided a long list of all the text messages that went out to drivers that night, mostly detours in
many parts of the metro area. A graph showing the calls coming into the TCC showed a spike in calls coming in,
reaching 168 calls between 8:00 and 9:00, the most intense part of the storm.
Impact on Rail
Dana Alexon (Senior Supervisor) and Patrick Kane
(Assistant Manager LRT) provided updates to “Transit-
LRT-All” on the status of the light rail service, crossings
and stations from 1:57 Saturday morning all the way
through Sunday evening, giving very specific details on
how that system was affected morning, midday and
evenings.
Some of the stations lost power and trains had to operate
in restricted mode at times, but service kept running with
Storm detour trumps Nicollet reconstruction
detour, as a tree blocks the intersection of
35th Street and 1st Avenue.
Page 17the assistance of generators and battery power. Passengers were very grateful, especially when they saw that
power was out all over the city.
From the updates:
“All personnel from the Operators, Systems and Operation did an exceptional job keeping the trains
up and running.”
While the physical effects of this summer storm will fade over time, the images of those challenging hours
will remain in our memories for a long, long time.
RPT Hosts Statewide Bus Roadeo
On Saturday, July 20, 2013 the City of Roch-
ester hosted the 26th Annual Minnesota Statewide
Bus Roadeo Competition. Over 100 people at-
tended including drivers, judges, logistic support
and spectators. Drivers from as far as Red Lake
to as close as Rochester represented their systems
and displayed their driving skills with hope to be
named the top bus driver in Minnesota.
The Roadeo is divided into two categories: large and small bus.
After 6 1/2 hours in the hot summer sun it all comes down to who
is the master at maneuvering their bus through the obstacle course.
The scoring also includes uniform neatness and pre-trip bus inspec-
tion with defects planted on the buses. Two Rochester Public Transit
(RPT) drivers, employed by the City’s contractor First Transit,
fi nished in fi rst and third place in the large bus competition.
Congratulations to RPT drivers Chris Daniels in fi rst place, and Dennis Piens in third
place. Both Chris and Dennis were fi rst-year competitors. The Minnesota Public Transit Association will send
Chris Daniels to Kansas City, Missouri to represent the State of Minnesota in the American Public Transit Asso-
ciation (APTA) International Bus Roadeo in May 2014.
Page 18
27th Annual ATU Women’s Caucus Conference
June 20-23, 2013Co-hosted by ATU Local 1005
Four Days in ReviewIlona LaDouceur #66048, TIC
Thanks to the Volunteers and Contributors
I would like to start this by thanking all the ATU 1005 volunteers, who with their hard work, dedication and
never-ending enthusiasm made this a most memorable and exceptional event. I would like to thank the
following: Michelle Sommers, Tommy Bellfield, Mark Lawson, Dorothy Maki, Deb Sievers, Lisa Benson, Bob
Benson, Lisa Callahan, Twaya Mcintosh, Cheryl Kienietz-Hall, Jean Hammond, Melanie Benson, Faye Brown,
Terri Qualy, Traci Williamson, Kathy Jones, Theresa Collins and myself. Their efforts before the event included
setting up the venues, the entertainment, speakers, food, beverages and rooms, getting donations and prizes and
selling raffle tickets to help offset the costs. And they volunteered their time tirelessly at the event from
beginning to end with registration, transportation services, the hospitality room and the cocktail hour and dance
performing the day-to-day operations that kept this event running like a well-oiled machine. Our out-of-town
guests felt very welcomed and were very impressed with us, our local, our city and our state.
For those who volunteered and sold raffle tickets: Dan Abramowitz, Gary Bier, Ron Laumayer, Tom
Loehlein, John Hawthorne, Lauren Cox, Barb
Osadchuk, Ken Dolney, Kari Sachs and Cliff Bolden.
With your help, we sold over $5,000 in raffle tickets.
To Brian Lamb, General Manager of Metro Transit
for donating 200 Go-To Cards for us and our guests
and having them specially made for our event.
To our bartenders: John Zapata, Kathy Nistler and
Debbie Serrine. You were awesome and appreciated.
To the photographer Barry McDaniel, for going
above and beyond expectations by making the
memories of this event last forever.
A special thanks to Steve Babcock for putting together a beautiful and memorable souvenir journal that
showcased our local and our city. And to Jackie Williams for the blessed invocation. To our DJ, Nicollet Driver
Kimuel Hailey, who had us dancing down memory lane.
Page 19
Last, but not least, a shout-out to the
businesses that sponsored this event
with their general donations of money
and/or prizes for our raffle and items for
our welcome bags for our raffle. They
include: Metro Transit, Wings Financial,
Running Aces, Union Bank and Trust,
Mystic Lake, Red Stag, Minnesota
Lynx, Minnesota AFL-CIO, Pearsons
Candy, Old Dutch, Dunn Brothers,
Aveda, Von Hansons, Cummins &
Cummins, National Group Protection,
Inc., Miller O’Brien Jensen and to all
the ATU Locals from all over the U.S.
and Canada.
Mike Qualy’s and my names were
drawn to represent ATU Local 1005 for this caucus. The theme of the event was “Women who make it happen
in the ATU.” Thursday afternoon was registration, so most of the 147 women from 16 states and Canada
checked in at the Radisson Plaza in Downtown Minneapolis. There was a short orientation for us newbies at
4:30 where we were given the ground rules and questions and answers. The attendees then took advantage of the
free night to either shop downtown, to take the Blue Line to the Mall of America or to relax. Local ATU 1005
had a hospitality room from about 6 p.m. to 1 a.m. the first night. I did hit the room for a few but wanted to be
ready for the business meeting at 9 a.m. the next morning.
The next morning we
were seated in our room
for the opening
ceremonies. Jackie Jeter
presided over this event
as the Chair of the
International Women’s
Caucus. She is also the
President of ATU Local
689 in Washington, D.C.
I am always in awe of
listening to intelligent,
focused and dynamic women - especially when they tell their story, where they are from and who they are. It’s
comforting to realize that they are just like you and me, that even though they may hold a high position in the
union, they are without a doubt just one of us. I learn a lot from these types of women and I learned much from
Jackie Jeter over the next three days.
Opening our ceremonies was the Coon
Rapids High School Gospel Choir who
wowed and impressed all of us. They sang
the U.S. and Canadian national anthems, as
well as a version of “Hold On, We Can Make
It,” that was very well-received.
Shar Knutson, President of the Minnesota
AFL – CIO, who spoke on “Economic and
Social Justice” and Brian Lamb, General
Page 20
Manager of Metro Transit, were our speakers.
Many of the other locals were impressed with
Brian Lamb and his message of working in
unity with our union and looking to the future.
It was Brian Lamb who donated 200 Go-To
Cards to the attendees and volunteers active in
this event.
The lunch was a roundtable discussion. The
two topics were “Privatization 101*” with our
International Vice-Presidents Janis Borchardt
and Yvette Salazar and “Women’s Health - Shift working and the how it affects us mentally and physically,” with
Instructor Allison Bodanza.
The afternoon also included an overview of “Parliamentary Procedure at
a Glance” and “Let’s Get Serious and Organize.”
When we broke for the day later that afternoon, many of the women
were looking forward to the Mystic Lake Casino bus arriving to take them
to the casino. About 50 women took the bus at about 5 p.m. and returned at
about 11 p.m. I heard that two women did win, but win or lose they all had
a great time. The women who stayed behind did some sightseeing,
shopping, dining and/or relaxing. This was the night we had that crazy
rainstorm come through. With high winds and flash floods, some of our
guests just watched in amazement. Again, our hospitality room was open
from about 6 p.m. to 1 p.m.
Saturday was the big day. That was the day when our required attire for
the business meeting was to be ALL WHITE, although some other light
colors like creams, light tan and beiges were reluctantly allowed.
The business meeting was intense and interesting. It was orderly and
did get a bit heated a few times. Issues were raised and discussed and
motions were made and passed or tabled. Lunch and a Poetry Slam followed. Orlando, Florida was selected for
the 28th Annual ATU Women’s Caucus. That being the final piece of business, we adjourned mid-afternoon.
I got a bit of rest and went down to get a quick bite to eat. The dinner was exceptional. There were salmon,
chicken and prime rib and many sides and desserts. Cocktail hour began at seven and the dance at 8:00p.m. I
didn’t stay long at the dance. I was pretty tired and was looking forward to getting some sleep.
I was up fairly early for Sunday breakfast and to bid my goodbyes to old acquaintances and to new- found
friends. And every person I said goodbye to thanked ATU 1005 and Minneapolis for putting on such a great
event. I heard nothing less than rave remarks and I am very
proud to of been a part of this event.
Some of the things I took from this event were: 1)
Teamwork, Teamwork, Teamwork; 2) You can have a
room of 150+ women and a dozen men and it can be
positive; 3) Canadians like to talk and talk and talk, who
would have thought?! 4) We...you and I… ARE the Union.
The ATU is a solid and strong union...but we need to get
stronger. Sitting back and waiting for someone else to do it
is not how this works; 5) Networking. We have many
smart, assertive and experienced members. Put us all
together and we can and will make things happen.
Page 21 There are many avenues one can get involved with. But SHOW UP! I remember during the last contract
negotiations when we sat in a regular Met Council meeting after picketing outside most of the day. I remember
about 40 or more ATU 1005 members and another dozen of people from other unions on and off, including
Bobby Kasper, the President of the St Paul Regional Labor
Federation/AFL-CIO, who stood with us before and during the
meeting. I recall the look on many of the Met Council Board
Members’ faces when they saw us in the chambers filling up
the seats, and our big signs Many were impressed I think, I
even saw a few smiling.
One of the most important weapons or tools that we
possess as a union is our numbers. That is our strength, our
foundation. And even though we have our internal problems
and our varied beliefs and points of view, we all want to make
fair wages, with fair and livable conditions.
* I will have an article about our roundtable
subject “Privatization 101” in the next issue.
Some Observations on the Women’s
Conference
Respectfully submitted by Mike Qualy,
Delegate to the ATU Women’s Int’l. Caucus
Metro Transit General Manager Brian
Lamb told those assembled that, “43% of new
managers over the last two years have been
women.” Attendees were very impressed with
Brian Lamb.
Some quotes by Jackie Jeter, Chair of the ATU Int’l. Women’s Caucus:
(On BS from management) “What I stood for at 25, I am not going to stand for at 58.”
“I didn’t want anything I didn’t deserve. I don’t expect more, I want the same as him.”
“Union women fight for all women.”
Another quote from someone else:
“Do your homework on all grievances. Know what you can expect, don’t settle for less, unless agreeable to the
grievant.”
Information on health issues included the fact that sleep deprivation has effects like alcohol. Sleep
deprivation can cause accidents, increase obesity, and can cause gastrointestinal and cardio problems.
I noticed a change in the civility
between the leadership and the
membership. I was a delegate four
years ago and there was much
animosity during the meetings.
This time there was a great deal of
respect shown at all times. I was
so pleased with the difference that
I commented on it to Jackie Jeter ,
Chair of the Int’l. Women’s
Caucus, after the last meeting was
held on Sunday morning.
Employee
Recognition
Page 22
Crypto Answer
THE PIRATE WHO STOLE LARGE FRUIT FROM OTHER SHIPS WAS
KNOWN AS A WATER FELON. Employee Apprecia-
tion Lunch at 725/OSC
Building during the
month of July.
The food was great
and plentiful. The wild
rice was exceptional!
Richard Neuberger #5147 Says 37 years is Enough!
Dick was known for his adherence to work safety and air
quality. His attitude changed the company's policy towards
these important topics.
Dick was hired on December 12th, 1975 and retired from
the Shelter Dep't. (part of Facility Maintenance) on July
2nd, 2013.
Co-workers watched the fun.
Management came to express their grati-
tude for their excellent job performance.
The Electronics (Radio) department is
small in employee numbers but large on
service requirements.
A union jacket was presented by Ron Laumeyer,
Overhaul Base Union Rep..
On Friday, July 19th, coworkers, family members and
many retirees joined in honoring Joel Terrell as he retired
after over 31 years of employment. Joel had started his
career as a driver, and then became an instructor before
becoming Nicollet’s Garage Coordinator.
Joel was joined by his wife Shirlynn and two
daughters.
Several people expressed their gratitude to Joel for
his support and mentoring over the years.
Page 23
Joel Terrell Retires after 31+ Years
Other Garage Coordinators came to say their goodbyes.
Steve Wortman (FTH), Harlan Daudt (MJR), George
Hernandez (East Metro) and Bob Benson (South)
New Union Executive Board Member Art Hayne Theresa Collins #1378, South
Meet our newest Board member for South Garage, representing drivers and
dispatchers:
Art Hayne # 9414 came to St. Paul in 1973 and went to Macalester College. He then
got a job at Yellow Cab as a driver, dispatcher, and supervisor.
Art went to work for Minneapolis Airport Limos/Super Shuttle in 1982, and was
hired on at Metro Transit in February 8, 1994. He was promoted to full-time on May
11th, 1996.
Some of Art's hobbies throughout his years have been serving as an umpire/referee for baseball, basketball,
and volleyball. Art was in track and fi eld as a runner in high school and was an undefeated champion in both
racquetball and handball.
According to Art, his wife keeps him grounded every day, and he is the father of four children and eight grand-
children.
Art is President of the Southsiders Club and works the extra board at South. He has a great laugh and a won-
derful sense of humor, and is well-liked by his co-workers. We look forward to having him represent us at South
Garage.
Retirements
Congratulations to June Retirees
No Retirees in June
Congratulations to July Retirees
07/03/13 Richard Neuberger, Public Fac. Tech.
5147
07/05/13 Sonnie Samuels, Nic. Gar. Gen. Disp.
1337
07/06/13 Raymond Hartfiel, E.M. Gar. Op. 1133
07/06/13 Joel Terrell, Nic. Gar. Gar. Coord. 716
07/07/13 Terry Prahl, Hey. Gar. Mech. 9810
07/09/13 Percy Halverson, Rail Op &
Maintenance Facility Foreperson, SCADA Sig/
Comm 67318
07/19/13 Bonnie Bobo, Nic. Gar. Op. 67259
07/22/13 John Corbell, So Gar. Op. 9078
If you have pictures or announcements of
retirements, please contact your Education
Committee member or the union office.
Retired Members’ Clubs
Northside Breakfast Club
Meets 8:30 a.m. the 2nd Tuesday of each month at
Barnacle Bill’s, Shingle Creek Parkway and
Freeway Blvd, Brooklyn Center.
Southside Breakfast Club
Meets 8:00 a.m. the 1st Wednesday and the 4th
Thursday of each month at the VFW Post, 67th
Street and Lyndale Ave. in Richfi eld.
Metro Transit Mechanic Teammate
Meets at 12:00 p.m. the 3rd Tuesday of the month
at Old Country Buffet (by Petco), 2000 South
Robert St., West St. Paul
St. Paul Retiree Lunch ClubMeets 12:00 p.m. the 2nd Wednesday of the month. Mattie’s (formerly Wells Lanes ) So.
Concord St., South St. Paul 55075
If you want to join the St. Paul Retiree Club,
contact one of the following:
President Howard Osterkamp (651) 731-2428
Vice-President Peter Lam (651) 770-8968
Treasurer Paul Huber (651) 698-6551
Operator AcademyJacqueline D. Williams #66180, MJR
Just recently, some operators were selected from all garages to participate in an Operator Academy, a plan
developed to build and repair bridges between Operators and Metro Transit Police Officers.
The Operators were carefully selected by upper management because of their outstanding communication
skills, and their great customer service qualities. At the MJ RUTER Garage there were five operators chosen:
Andrew Kimbell #67462, Terri Jackson #66168, Marvin Hill #67240 and Dorian Moore #67396.
These five operators went through a vigorous four-week program that consisted of:
- Riding along with Metro Transit Police , and observing them performing duties of actual police work
- Observing a taser gun being executed on a real live volunteer
- Going to a gun range and firing paint bullets (They did not fire live ammunition, for obvious safety reasons.)
As they rode in the rear seat of squad cars, they quickly realized that the rear doors were not equipped with an
exit latch. The only way to exit was by the Officer who carefully seated them there.
These operators have a heightened respect for the duties of Metro Transit Officers. They were taught to be
very careful in hostile situations and to use good judgment.
A desire of the Metro Transit Officers is that the inside bus camera would totally capture the operators in
performing their duties. This way the operator would be viewed completely in case of an assault. At the present
time, the operator is only partially viewed.
Metro Transit Police would love to increase the number of officers, and to be diverse in the hiring of such
officers.
It is important for operators to use the emergency response carefully, and to never use these emergency
buttons for non-emergency incidents (i.e. fare evasion, strollers not being collapsed before boarding, etc.)
The building and repairing of relationships between operators and Metro Transit Officers is and should be a
major goal for each of us, as we work together to build a strong relationship between management, operators,
Metro Transit Police, and yes even passengers, for the safety of us all.
Page 24
Page 25(b) Second Opinion
(1)An employer who has reason to doubt the validity
of a medical certifi cation may require the employee
to obtain a second opinion the employer’s expense.
Pending receipt of the second or third medical opinion,
the employee is provisionally entitled to the benefi ts of
the Act, including maintenance of group health benefi ts.
If the certifi cations do not ultimately establish the
employee’s entitlement to FMLA leave, the leave shall
not be designated as FMLA leave and may be treated as
paid or unpaid leave under the employer’s established
leave policies. In addition, the consequences set
forth in 825.305(d) will apply if the employee or the
employee’s family member fails to authorize his or
her health care provider to release all relevant medical
information pertaining to serious health condition at
issue if requested by the health care provider designated
to provide a second opinion in order to render a
suffi cient and complete second opinion.
(2) The employer is permitted to designate the
healthcare provider to furnish the second opinion, but
the selected healthcare provider may not be employed
on a regular basis by the employer. The employer may
not regularly contract with or otherwise regularly utilize
the services of the healthcare provider furnishing the
second opinion unless the employer is located in an area
where access to healthcare is extremely limited.
(c) Third Opinion
If the opinion of the employee’s and the employer’s
designated health care providers differ, the employer
may require the employee to obtain certifi cation from
a third health care provider, again at the employer’s
expense. This third opinion shall be fi nal and binding.
The third health care provider must be designated or
approved jointly by the employer and the employee.
The employer and the employee must act in good faith
to attempt to reach agreement on whom to select for the
third opinion provider. If the employer does not attempt
in good faith to reach agreement, they will be bound by
the fi rst certifi cation. If the employee does not attempt
in good faith to reach agreement, the employee will be
bound by the second certifi cation. All relevant medical
information pertaining to the serious health condition
at issue must be released if requested by the health care
provider designated to provide a third opinion in order
to render a suffi cient and complete third opinion.
(d) Copies of Opinions
The employer is required to provide the employee with
a copy of the second and third medical opinions, where
applicable, upon request by the employee. Requested
copies are to be provided within fi ve business days
unless extenuating circumstances prevent such action.
(e) Travel Expenses
If the employer requires the employee to obtain either
a second or third opinion, the employer must reimburse
an employee or family member for any reasonable ‘out
of pocket’ travel expenses incurred to obtain the second
and third medical opinions. The employer may not
require the employee or family member to travel outside
normal commuting distance for purposes of obtaining
the second or third medical opinions except in very
unusual circumstances.
(f) Medical Certifi cation Abroad
In circumstances in which the employee or a family
member is visiting in another country, or a family
member resides in another country, and a serious health
condition develops, the employer shall accept a medical
certifi cation as well as second and third opinions from
a health care provider who practices in that country.
Where a certifi cation by a foreign health care provider
is in a language other than English, the employee must
provide the employer with a written translation of the
certifi cation upon request.
Source: Business and Legal Reports –Family and
Medical Leave Act compliance guide. 2010
FMLA continued from p.1
Garage Coordinator Harlan Daudt celebrates 35 years
of service August 2013. He received a plaque to
commemorate the milestone. Congrats, Harlan and Good
Work. (30 more years!!!)
MJR Service Award
Page 26
Submissions for Letters to the Editor are subject to approval of the
Editorial Board and space considerations. Letters to the Editor are
solely the opinion of the author and do not represent endorsement by
ATU Local 1005 or the Education Committee. If you have an edito-
rial to submit, please contact a committee member or our advisor
Dorothy Maki at: [email protected].
Letters
To The
Editor
It Really Does Take All Kinds In the last issue of this newsletter, my little bike was featured parked next to two large highway cruising bikes.
Large cruisers have their place, as does my little bike. The article said that I just stand up to stop. Not true. My
bike has brakes like any other bike would.
I ride from South Como/ North Frogtown to the OSC every day that I can. It is 9.9 miles one way. I buy two
gallons of gas every payday. Now let’s do the math: 20 miles round trip times fi ve days per week equals 100 miles
per week. Two weeks per pay period equals 200 miles on two gallons of gas. If my third-grade teacher Mrs. Greek
was right, that works out to 100 MPG. I don’t want to be the one to tell her she was wrong!
The bike tops out at right about 30 miles per hour. The only place it is legal to go any faster than that is for
about two to three blocks on Energy Park Drive. My personal driving situation is perfect for that kind of a ride.
The majority of the people I encounter are friendly. Some smile. Other bikers I pass acknowledge my passing as I
do theirs. The bus drivers are very respectful of the bike and in return I try to give them as much room as possible.
A 60 lb. bike vs. a 17-ton bus, BAM! Game over! Thanks, guys and ladies, for giving me my lane.
Another plus is the smells. Over by the U there are some gardens that smell so good I will go around the block
to smell them again. They would glide by unnoticed in a car. Speaking of cars, if I take the freeway (which was
designed in the 1950’s with 1940’s technology), if everything goes exactly right I can get home three minutes
earlier than taking surface streets. Rarely do things go right.
I strongly recommend this choice to anyone who can get a small bike and
ride. Wear a helmet because, whether it is a small bike or an 1800cc cruiser,
the pavement is just as hard. And I learned to hit tracks as squarely as pos-
sible, especially when wet and as poor as the BNSF crossing on Energy Park
Drive between Chemstone and Brentag transfer site (just west of Midway Sta-
dium). The fun aside, it saves me about $50.00 per pay period. To anyone who
is making enough that they can throw away $50.00 every two weeks, maybe
you could funnel some of it my way. Just sayin.
Clyde Gillespie #3646
Help! Police!My last article about our police offi cers was more of a reporter trying to give them a fair chance by interviewing
the new police chief and letting him say the things that he wanted to do coming in on an already-sinking ship.
There have been many incidents with the police and drivers, and none of them are favorable. There have been
reports of slower-than-usual before reporting to the scene and of offi cers still not sure of their job description as
far as what they think they are called out for and what they are supposed to do. There have actually been reports
of police brutality against drivers. (Oh, close your mouth, please don't shake your head and say it isn't so. Yes, it's
so.) I know drivers who were man-handled by one of our supposed “protectors” because the offi cers had their own
idea of how the situations should have been handled - and it wasn't important that the drivers had their own.
I had the opportunity to chat with Chief Harrington since our interview and I expressed my disappointment in
what he told me and what he's actually implementing. I wrote a favorable article in the past but don’t look for it
to be in their favor this time. This is not just my own opinion of the police. Other drivers have come to me with
different tales of the never-ending stories of Metro Transit best.
Come, come now, are we supposed to keep putting up with this? Do I call the city police on you? If any of
the police offi cers read my article and have something to say in their defense, feel free to contact me at Heywood
Garage - and please don't put your hands on me because I fi ght back - with my pen. (Lol)
Faye Brown #6221, Heywood Garage
Tom Durand # 2614, age 59, passed away tragically on July 10, 2013.
Beloved Husband, Brother, Friend and Great Man, Tom is survived by his
devoted wife and best friend of 29
years, Jackie; brother, Buddy (Janice);
sister, Merikay; sister-in-law, Patricia
Flaherty; also nieces and nephews.
Tom was devoted to his family, work
and friends, and could professionally
fi x or drive anything. Tom was a lov-
ing and deeply caring man.
In Memoriam
Page 27
Robert Carlton Gorder, age 66, of Coon Rapids, passed away on July 9, 2013. He was
preceded in death by his father, Milo. He will be deeply missed by his wife of 42 years, Mary;
children, Dan (Kelly) Gorder, Jennifer (Ryan) Bartosiewski, Doug Westrom; grandchildren,
Alida, Brooke, Leah, Cooper; mother, Marvel Gorder; sisters, Judy Manthey, Sherry Winter,
Laurie Morris; nieces, nephews, relatives and good friends.
Bob was hired at Metro Transit in 1979 as a bus driver. He worked the old Northside
Garage, along with several other garages, prior to becoming a transit supervisor, where he worked both at the
Transit Control Center and in Street Operations. When the departments split, he chose the street. Prior to his
retirement in 2006, Bob was best known for his expertise in the north/northeast areas of Minneapolis. Bob was
an integral part of the success for the Sector 1 & 2 changes that Metro Transit made to the routes in his area. He
worked long hours attending meetings with stakeholders, writing and posting Rider Alerts and writing Route
Information Bulletins to ensure that both customers and operators had the information
they needed prior to implementation.
Timothy M. Perez #2299, age 56, of North Minneapolis, passed away peacefully July
26, 2013. He was preceded in death by his father, Timothy M. Perez, Sr. and other family
members. He is survived by mother, Ann; brother, David (Barb); sister, Mary Ann (Joe)
Torres; son, Timothy M. Perez, IV; and daughter, Ashley.
Leanne Broten #7830 Retires from MJR
Leanne Broten retired July 24th (with 14 years) from MJR
Maintenance. Her co-workers and kids gave her a great send-
off. Leanne was hired October 26, 1998 as a full-time operator,
and retired July 15th, 2013 from MJR Maintenance.
MJR Executive Board Member Jody Theisen presents Leanne
with her jacket.
Minnesota Legislature Expands Employees'
Use of Sick-Leave Benefi ts
Posted by Grant T. Collins on June 13, 2013
In a move that will have employers throughout Minnesota scrambling to update their
employee handbooks, the Minnesota Legislature passed a new law mandating that employ-
ers must permit employees to use their personal sick-leave benefi ts for absences due to an
illness or injury of the employee’s relatives (not just the employee and his or her minor
children). The new law went into effect on August 1, 2013.
Specifi cally, S.F. 840 amends the Minnesota Parenting Leave Act, Minn. Stat. 181.941-181.944, to permit em-
ployees to use their employer-provided sick time for "an illness of or injury to the employee's child . . . adult
child, spouse, sibling, parent, grandparent, or stepparent." Previously, the law required only that employees
be permitted to use their sick-leave benefi ts for the employee and the employee's children.
Under the new law, an employer may limit the use of an employee’s personal sick leave benefi ts for relatives to
no less than 160 hours in any 12-month period. This limit does not apply to absences due to the sickness or injury
of a child.
There are two important limitations to the new law. First, the Minnesota Parenting Leave Act applies only to
employers with 21 or more employees. Second, the law does not require that employers provide employees sick
leave benefi ts, either paid or unpaid. But, if they do, employers must permit employees to use these benefi ts in ac-
cord with the new law.
Bottom Line
The time for action is now. As noted above, the changes to the Minnesota Parenting Leave Act take effect on
August 1, 2013. Prior to this date, employers who offer personal sick-leave benefi ts must review and revise their
employee handbooks and train supervisors on how to comply this new law.
Source: http://www.minnesotaemploymentlawreport.com/new-legislation/minnesota-legislature-expands-employ-
ees-use-of-sick-leave-benefi ts/#.Ugu4-bFCL3U.email
DRUG TESTING RIGHTS If you do not use the specific wording when you request results from a positive drug test, the agency has no obligation
to comply. All they are required to do is give you a paper stating the results are positive. Every employee has the legal
right to request, in writing to the Medical Review Officers (MRO), copies of: the Litigation Package* of the initial test.
(this will tell you how your test turned up positive); the Confirmation (breaks results down into specific levels); the
Threshold levels (baseline of all tests)
The Litigation Package can be nearly 100 pages of technical data, which cannot be analzed or understood by a layper-
son, including union officers. Professional interpetation is available at member’s expense, starting at about $50 minimum.
WEINGARTEN RIGHTS STATEMENT If disciplinary action is suspected, read this statement to your foreman: I request to have a union representative present
on my behalf during this meeting because I believe it may lead to disciplinary action taken against me. If I am denied my
right to have a union representative present, I will refuse to answer accusational questions and any I believe may lead to
discipline.
This newsletter is a group effort of the Education Committee members and the Offi cers of the
Amalgamated Transit Union Local 1005. We publish 1,000 copies that are distributed among the
various facilites. Please return this issue to the facility (or leave it at a transit station) after reading
it so the next member may enjoy reading it, too. A color issue and past issues are posted on www.
atu1005.com for easy access.