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                                                 Official Journal of the Amalgamated Transit Union
                                                                     AFL-CIO/CLC




            TRANSIT’S FIGHT FOR

          SURVIVAL
            ATU Fights for Operating
            Assistance as Cracks Begin
            to Show in Infrastructure

            INSIDE THIS ISSUE:
            Jeanice McMillan: A True ATU Hero

            Legislative Report
            Nearly $700 Million Made Available
            for Operating Assistance

            Canadian Agenda
            Toronto Makes Largest Streetcar
            Purchase Ever

            NTSB Issues Urgent Light Rail
            Safety Warning




JA-IT09.indd 1                                                                                       7/20/09 7:48 AM
      AMALGAMATED TRANSIT UNION                     MESSAGE DU PRÉSIDENT INTERNATIONAL PAR WARREN S. GEORGE
        INTERNATIONAL OFFICERS
                                                    JEANICE MCMILLAN: UNE VÉRITABLE HÉROÏNE DE L’ATU
                   WARREN S. GEORGE
                     International President        C’était lundi après-midi et il faisait beau avec des températures d’environ 80 degrés Fahrenheit. Le Congrès examinait la proposition du Président
                                                    Obama pour un train à grande vitesse, et Sonia Sotomoyor, nominée proposée pour la Court Suprême, faisait la tournée des bureaux du Sénat.
                 RONALD J. HEINTZMAN                Les écoles étaient fermées et les gens commençaient à prendre leurs vacances, ce qui rendait la circulation des heures de pointe plus fluide que
          International Executive Vice President    d’habitude. Une situation tout à fait normale à Washington pour un 22 juin.
                      OSCAR OWENS                   En fait ce lundi là a été tout sauf normal. Vers les 5h00 de l’après-midi, une rame de métro se dirigeant vers le sud, attendait le feu vert sur la
             International Secretary-Treasurer      ligne Rouge pour pouvoir rentrer dans la station de Fort Totten, juste à l’intérieur des frontières du District. En provenance du Maryland, venant
                                                    du sud, il y avait un autre train qui aurait du attendre derrière le premier train. Cependant, ce second train ne s’est pas arrêté.
            International Vice Presidents           Le second train s’est écrasé contre le dernier wagon du premier train, détruisant l’entrée du wagon de tête et tuant neuf passagers à l’intérieur.
                  JOSEPH WELCH                      Plus de 80 autres personnes furent blessées dans l’accident le plus meurtrier depuis les 33 ans d’existence de Metro.
                          Syracuse, NY
                                                    Le conducteur du train en mouvement, Jeanice McMillan, section syndicale 689-Washington, DC, fut une des personnes tuées dans l’accident.
                                                    Une des premières spéculations par les média fut que notre sœur McMillan devait être fautive.
                   RODNEY RICHMOND
            New Orleans, LA – rrichmond@atu.org     “Envoyait-elle un texto en conduisant? » « Avait-elle une incapacité ? » « Elle était une novice, savait-elle ce qu’elle faisait ? Ces commentaires
                                                    n’étaient pas justes et totalement sans fondement.
                   DONALD T. HANSEN
                 Tenino, WA – dhansen@atu.org       Le Président de la section syndicale 680, Jackie Jeter, répondit immédiatement à ces supputations en demandant au public de ne pas émettre
                                                    un jugement rapide.
                     ROBERT H. BAKER
                  Washington, DC – bb@atu.org       L’héroïne de Metro

                    LARRY R. KINNEAR                L’enquête préliminaire n’a pas, pour l’instant, trouvé que le conducteur avait fait une erreur. Mais elle a révélé une défaillance technique — un
                 Ashburn, ON – lkinnear@atu.org     dysfonctionnement des capteurs de mouvement sur les rails. On pense maintenant qu’à cause du capteur défectueux, le train n’a pas ralenti et
                                                    ne s’est pas arrêté automatiquement, comme il aurait du, bien avant d’avoir atteint le premier train.
                     RANDY GRAHAM                   L’enquête a aussi démontré qu’aussitôt qu’elle a vu le train arrêté devant elle, notre sœur McMillan a appuyé sur le bouton (le « champignon »)
             Gloucester, ON – rgraham@atu.org
                                                    qui a activé le système d’arrêt d’urgence. Face à une mort certaine, elle resta sur son siège et ralentit le train le plus possible, réduisant l’impact
                                                    et sauvant des vies.
                   JAVIER M. PEREZ, JR.
              Kansas City, MO – jperez@atu.org      J’ai assisté au service à la mémoire de Sœur McMillan qui eut lieu le 26 juin dans son église du sud-est de Washington. Ses frères et sœurs de la
                                                    section syndicale 689, presqu’une centaine d’entre eux, remplissaient les premiers bancs.
                  RICHARD M. MURPHY
                         Braintree, MA              John Catoe, Directeur Général de Métro, loua Sœur McMillan comme une héroïne qui sauva des vies. L’évêque Glen A. Staples dit qu’ « on
                                                    doit être une personne de trempe différente pour pouvoir faire face à la mort et se dire ‘je vais sauver autant de vies que je peux’. Nous sommes
                    BOB M. HYKAWAY                  redevables envers Sœur McMillan pour ce qu’elle a fait pour la ville »
                 Calgary, AB – bhykaway@atu.org
                                                    “Prenez ce train pour le paradis”
                      CHARLES COOK
                  Petaluma, CA – ccook@atu.org      Nos membres sont des professionnels qui sauvent des vies chaque jour en étant très attentifs, en traitant avec les passagers à problème, et en évitant
                                                    des accidents sérieux. Lorsqu’on ne peut pas éviter un accident, on reste calme, et parfois, comme l’a dit l’évêque au sujet de Sœur McMillan,
                   WILLIAM G. McLEAN                on « prend le train pour le paradis ».
                  Reno, NV – wmclean@atu.org                                                                                                                                       — Suite à la page 19
                  JANIS M. BORCHARDT
              Madison, WI – jborchardt@atu.org

                       PAUL BOWEN
                                                    UN MENSAJE DEL PRESIDENTE INTERNACIONAL POR WARREN S. GEORGE
                  Canton, MI – pbowen@atu.org
                                                    JEANICE MCMILLAN: UN VERDADERO HÉROE DE ATU
                  LAWRENCE J. HANLEY
             Staten Island, NY – lhanley@atu.org    Era un agradable lunes de tarde, con temperaturas a mediados de los 80 grados. El Congreso estaba examinando la propuesta del Presidente
                                                    Obama sobre transporte rielero de alta velocidad, y la candidata para la Corte Suprema de Justicia, Sonia Sotomayor, estaba visitando las oficinas
                     KENNETH R. KIRK                de los diferentes Senadores. La temporada escolar estaba en receso, y la gente había comenzado a tomar vacaciones, haciendo por lo tanto que
                  Lancaster, TX – kkirk@atu.org     la hora normal de congestión del tráfico era mucho más leve que normalmente.
                        GARY RAUEN                  Pero ese día lunes resultó ser algo completamente fuera de lo típico. Alrededor de las 5:00 PM, un tren del sistema Metro en dirección al sur estaba
                  Clayton, NC – grauen@atu.org      detenido en la Línea Roja esperando el permiso para avanzar hacia la estación Fort Totten, casi adentro de la zona limítrofe con el Distrito de
                                                    Columbia. Viajando en dirección sur desde Maryland había otro tren de la Línea Roja que también hubiera tenido que esperar su turno detrás
                   MARCELLUS BARNES                 del primer tren. Pero el segundo tren no se detuvo.
                 Flossmore, IL – mbarnes@atu.org
                                                    El segundo tren se estrelló estrepitosamente contra la parte posterior del primer tren, aplastando la mitad delantera del primer vagón del segundo
                                                    tren y causando la muerte de nueve pasajeros en el mismo. Más de 80 otros pasajeros resultaron heridos en el más mortífero accidente ocurrido
            International Representatives           en los 33 años de historia del Metro.
                     RAY RIVERA                     El operador del tren en movimiento, Jeanice McMillan, 689 – Washington, D.C. fue uno de los que fallecieron en el accidente. La especulación
                   Lilburn, GA– rrivera@atu.org
                                                    inicial – reportada repetidamente por los medios de comunicación – fue que la Hermana McMillan había sido responsable por el accidente.
                     YVETTE SALAZAR                 ¿Estaba ella enviando un mensaje texto a la misma vez que operaba el tren? ¿Estaba ella sufriendo de un impedimento? “Ella era una novata –
                 Thornton, CO – ysalazar@atu.org
                                                    ¿sabía ella lo que estaba haciendo?” Fue algo injusto – y totalmente infundado.
                 ANTHONY WITHINGTON                 El Presidente de la Unión Local ATU 689, Jackie Jeter, respondió inmediatamente a esas disimuladas imputaciones, solicitando del público que
            Sebastopol, CA – awithington@atu.org
                                                    no se apresuraran en llegar a un juicio prematuro.
                   GARY JOHNSON, SR.
             Cleveland, OH – gjohnson@atu.org       Héroe del Metro
                                                    La investigación preliminar, hasta el presente, ha fallado en determinar cualquier error por parte de la operadora del tren. Pero si ha revelado
                     Canadian Council               una falla tecnológica – el mal funcionamiento de un sensor de circuito de línea férrea. Es ahora que se estima que debido al defectuoso circuito,
                                                    el tren no redujo su velocidad y se detuvo automáticamente, según se supone que ocurriera, mucho antes de alcanzar al primer tren.
                      ROBIN G. WEST
                     Canadian Director              La investigación también ha mostrado que tan pronto como ella notó al tren parado en su camino, la Hermana McMillan apretó el botón (el
            61 International Boulevard, Suite 210   champiñón) que activó el sistema de frenos de emergencia. De frente a una inevitable muerte, ella se mantuvo firme en la cabina del operador
                   Rexdale, ON M9W 6K4              y redujo la velocidad del tren en tanto como fue posible, reduciendo el impacto del choque y así salvando muchas vidas.
                    director@atucanada.ca
                                                    Yo estuve presente en el velorio de la Hermana McMillan el 26 de junio en su iglesia en la sección sudoeste de Washington. Sus hermanos y
                                                    hermanas de la Unión Local 689, más de cien, llenaron los bancos delanteros de la iglesia.
                                                                                                                                                                          — Continúa en la página 19


        2           IN TRANSIT                                                                                                                                                         www.atu.org



JA-IT09.indd 2                                                                                                                                                                                                7/20/09 7:48 AM
                 A MESSAGE FROM THE INTERNATIONAL PRESIDENT



                                      Jeanice McMillan:
                                       A True ATU Hero

                 I t was a pleasant Monday afternoon, June 22, with temperatures in the mid-80s. Congress was
                   looking at President Obama’s high speed rail proposal, and Supreme Court nominee Sonia Sotomayor
                 was making the rounds of Senate offices. School was out, and people were starting to take vacations
                 making the rush hour lighter than usual - a fairly typical first day of summer in Washington.

                    But Monday turned out to be anything but typical. Around 5:00 pm, a south-bound Metro train
                 waited on the Red Line for clearance to enter the Fort Totten Station just inside the District. Traveling
                                                                                                                              ‘Jeanice McMillan
                 south from Maryland was a second Red Line train which would also have to wait behind the first. But
                 the second train didn’t stop.                                                                                Is A True ATU Hero
                    The second train crashed into the back of the first, crushing the front half of the second train’s lead   Who Made The
                 car and killing nine passengers in it. More than 80 others were injured in the deadliest accident in
                 Metro’s 33-year history.
                                                                                                                              Ultimate Sacrifice
                     The operator of the moving train, Jeanice McMillan, 689-Washington, DC, was one of those
                 killed in the accident. Initial speculation – reported repeatedly by the media – was that Sister McMillan    For Her Passengers.’
                 must have been at fault.

                    “Was she texting while driving?” “Was she impaired?” “She was a rookie – did she know what
                 she was doing?” It was unfair – and totally unfounded.

                    ATU Local 689 President Jackie Jeter responded immediately to these veiled allegations, asking
                 the public not to rush to judgment.


                 ‘A DIFFERENT KIND OF PERSON’

                     The preliminary investigation has thus far failed to find any operator error. But it has revealed a
                 technological failure – a track circuit sensor malfunction. It is now thought that due to the faulty
                 circuit, the train did not slow down and stop automatically as it was supposed to, well before it reached
                 the first train.

                     The investigation has also shown that as soon as she saw the stopped train, Sister McMillan pressed
                 the button (the “mushroom”) that activated the emergency braking system. Facing certain death, she
                 stayed in the driver’s cab and slowed the train as much as possible, reducing the impact and saving lives.

                   I attended the memorial service for Sister McMillan on June 26 at her church in Southeast Washington.
                 Her brothers and sisters from Local 689, nearly 100 strong, filled the front pews.

                     Metro General Manager John Catoe praised Sister McMillan as a hero who saved lives. Bishop
                 Glen A. Staples said, “You’ve got to be a different kind of person to look at death head-on and say,
                 ‘I’m going to save as many as I can.’ We have a debt of gratitude for what she has done for the city.”




                                                                                             — Continued on to page 10

                 www.atu.org                                                                                                      JULY / AUGUST 2009      3



JA-IT09.indd 3                                                                                                                                         7/20/09 7:48 AM
                                                                                                                                                                        july/august
                                                                                                                                                                                 2009
                                                                                                                                                                                        Vol. 118, No. 4
                                                                            w w w . a t u . o r g



        Contents
        2    International Officers &
             General Executive Board
                                                                                                                                                  3              A Message from the
                                                                                                                                                                 International President
                                                                                                                                                                 Jeanice McMillan: A True ATU Hero
             International President’s Message
             in French & Spanish

        3    International President’s Message
             Jeanice McMillan: A True ATU Hero

        4

        5
             Magazine Index

             International Executive
             Vice President’s Message
                                                                                                                                                  7              Legislative Report
                                                                                                                                                                 Nearly $700 Million Made Available
             Let Me Introduce Myself
                                                                                                                                                                 for Operating Assistance
        6    International Secretary-
             Treasurer’s Message
             Reform U.S. Health Care Now




                                                                                                                                                  9
        7    News From The Front Lines:
             Why We Need The Employee Free Choice Act                                                                                                            Canadian Agenda
        8    Legislative Report
             Nearly $700 Million Made Available                                                                                                                  Toronto Makes Largest Streetcar
             for Operating Assistance
                                                                                                                                                                 Purchase Ever
        10 ATU Overwhelmingly Supports
           the Employee Free Choice Act

        11 Canadian Agenda
           Toronto Makes Largest Streetcar Purchase Ever

        12 ATU Properties Receive Over $1.2 Billion
           In ARRA Funds - So Far

        15 Oregon Unionist, DEQ Official, Works
                                                                                                                                         10                      ATU Properties Receive Over $1.2
                                                                                                                                                                 Billion in ARRA funds – So Far
           To Reduce Dirty Diesel

        17 NTSB Issues Urgent Light Rail



                                                                                                                                         11
           Safety Warning
        18 Government of Canada Mandates
                                                                                                                                                                 NTSB Issues Urgent Light
           Federal Transit Work-Rest Rules                                                                                                                       Rail Safety Warning
        19 Health Care Refrom Menagerie

        20 Know Your Rights:
           Wage Garnishment Protections in the U.S.

        21 Arbitration Decision

        21 ATU Training and Events

        22 In Memoriam
                                                                                   Subscription: USA and Canada, $5 a year. Single copy: 50 cents. All others: $10 a year. Published bimonthly by the Amalgamated Transit Union, Editor:
                                                                                   Shawn Perry, Designer: Paul A. Fitzgerald. Editorial Office: 5025 Wisconsin Ave., NW, Washington, DC 20016-4139. Tel: 1-202-537-1645. Please send
        23 Save The Date: ATU/MS Research Funds                                    all requests for address changes to the ATU Registry Dept. ISSN: 0019-3291, USPS: 260-280.
           24th Annual Golf Tournament                                             PUBLICATIONS MAIL AGREEMENT NO. 40033361. RETURN UNDELIVERABLE CANADIAN ADDRESSES TO: B&M Mailing Service Limited, 35 Van Kirk Drive,
                                                                                   Unit 15, Brampton, Ontario L7A 1A5, E-MAIL-BMCOMM@PATHCOM.COM
        24 ATU Activist:
                                                           The objects of this International Union shall be to organize Local Unions; to place our occupation upon a higher plane of intelligence, efficiency and skill; to encourage the
           Ricky Romero - ATU Local 1001, Denver, CO       formation in Local Unions of sick and funeral benefit funds in order that we may properly care for our sick and bury our dead; to encourage the organization of cooperative
                                                           credit unions in the Local Unions; to establish schools of instruction for imparting a practical knowledge of modern and improved methods and systems of transportation and
                                                           trade matters generally; to encourage the settlement of all disputes between employees and employers by arbitration; to secure employment and adequate pay for our work,
                                                           including vacations with pay and old age pensions; to reduce the hours of labor and by all legal and proper means to elevate our moral, intellectual and social condition. To engage
                                                           in such legislative, political, educational, cultural, social, and welfare activities as will further the interests and welfare of the membership of the Organization. To seek the
                                                           improvement of social and economic conditions in the United States and Canada and to promote the interests of labor everywhere.


        4        IN TRANSIT                                                                                                                                                                                           www.atu.org



JA-IT09.indd 4                                                                                                                                                                                                                                    7/20/09 7:48 AM
                 A MESSAGE FROM THE INTERNATIONAL EXECUTIVE VICE PRESIDENT



                       Let me introduce myself
                 M      y name is Ron Heintzman and I have been appointed by International President Warren
                        George, and approved by the General Executive Board, to serve as international executive
                 vice president upon the retirement of Mike Siano effective August 1. I am excited about my new
                 assignment, and looking forward to working for all members of this great Union.

                    I have served as international vice president since August 2002, residing outside Portland, OR.       ‘I Look Forward
                 During my tenure as an IVP, I assisted locals and helped negotiate collective bargaining agreements
                 in Washington, Oregon, Idaho, Montana, Colorado, Nevada and Texas.                                       to Many More
                                                                                                                          Years of Service
                 FIVE TERMS AS LOCAL PRESIDENT                                                                            to What I Believe
                     Prior to service with the International, I served as the president of Local 757 in Portland. First   is the Best Labor
                 elected president in 1988, I was elected to five consecutive terms until my IVP appointment in 2002.
                 Thanks to the membership of Local 757 who realized the importance of organizing the unorganized,         Union Representing
                 we were able to increase local union membership while I was president to over 5,000 active members
                 with 23 collective bargaining agreements in Oregon and Southwest Washington. Needless to say,
                                                                                                                          Working Men and
                 I spent a good portion of my time as president negotiating contracts in addition to administering        Women in the U.S.
                 the affairs of the local.
                                                                                                                          And Canada.’
                    A little bit about my life before the ATU: I grew up in South Dakota and moved to Seattle,
                 WA, with my parents during my sophomore year in high school. After graduation, I attended
                 Washington State University (WSU) and received a Bachelor of Science Degree in Police Science and
                 Administration in 1975. I was also a member of the Army Reserve Officer Training Corps (ROTC)
                 at WSU and was commissioned a second lieutenant upon graduation. I entered active duty and
                 served two years with the 545th Military Police Company, First Calvary Division, Fort Hood, TX.


                 NEVER SAY NEVER

                    I remained in the Army Reserve for many years after leaving active duty. When I left Fort Hood,
                 on September 13, 1977, I vowed never to return to that godforsaken place again. Ironically, during
                 Operation Desert Shield, the prelude to Desert Storm, I was ordered back to active military duty
                 and you will never guess where I was sent. I arrived at Fort Hood on September 13, 1990, where I
                 backfilled for soldiers who were deploying to Kuwait. It was thirteen years to the date later, and a
                 good lesson on why one should “never say never.”

                    After my initial active duty military service in 1977, I went to work for the Oregon Liquor Control
                 Commission as an enforcement officer and during that time attended night school at the University
                 of Portland where I earned a Master of Science degree in Criminal Justice in 1982. That was also
                 the same year I was hired as a transit police officer for the Tri-County Metropolitan Transportation
                 District of Oregon (TriMet) and became a member of Local 757. I first ran for and was elected
                 president in 1988, and the rest is history.




                                                                                          — Continued on to page 14



                 www.atu.org                                                                                                  JULY / AUGUST 2009      5



JA-IT09.indd 5                                                                                                                                     7/20/09 7:48 AM
                              A MESSAGE FROM THE INTERNATIONAL SECRETARY-TREASURER



                               Reform US Health Care Now

                              A   s this issue of In Transit goes to press, Congress is debating legislation to reform the U.S. health
                                   care system.

                                  The proposals for reform vary widely and it is unclear, at the time of this writing, what the final
                              bill will look like. One thing is clear, however – reform is needed now! Health care coverage is
  ‘The ATU is                 shrinking as premiums are skyrocketing:

  Committed to                    •	 Health insurers have resorted to saving money by limiting benefits, using maneuvers such
                                     as imposing sharply higher copayments on expensive drugs needed to treat life-saving
  Ensuring That                      diseases.
  All Americans                   •	 In the last nine years, the cost of health insurance has risen 120 percent while wages grew
                                     only 29 percent.
  Have Access To                  •	 Health insurance premiums have risen so high that experts forecast 52 million Americans
                                     will be uninsured next year.
  Comprehensive,
                                 ATU and members of other unions are increasingly being forced to either accept cuts in their
  Quality, and                benefits, increases in their contributions, or cuts in pay in order to maintain existing benefits. Our
                              economy simply can not sustain the current situation.
  Affordable
  Health Care.’               COMPREHENSIVE COVERAGE

                                 The ATU and other unions are committed to ensuring that all Americans have access to
                              comprehensive, quality, and affordable health care. Workers with health care coverage should have the
                              option to keep their private insurance plan or join a new public plan. A strong public plan option,
                              similar to Medicare, will provide a guaranteed backup for all Americans and will provide competition
                              to private providers, forcing them to make coverage more affordable.

                                 Regardless of whether you choose a public or private plan, you should be guaranteed benefits that
                              meet your needs, including preventive and chronic care. You should be able to choose your own
                              doctors and out-of-pocket costs should be based on your ability to pay.

                                  Finally, reform can not be paid for on the back of America’s middle class workers who are already
                              struggling to make ends meet in this difficult economy. Proposals, such as those to eliminate the tax
                              exclusion for health care benefits, would place a tremendous burden on the very people that reform
                              is meant to help.

                                 As Congress continues to wrestle with these difficult issues, rest assured that the ATU is working
                              to ensure that your needs are met.




        6        IN TRANSIT                                                                                            www.atu.org



JA-IT09.indd 6                                                                                                                           7/20/09 7:48 AM
                                                          N E W S                             F R O M                      T H E


                                    FRONT LINES
                 Why We Need the Employee Free Choice Act
                 A    TU continues to organize and fight for the rights of transit workers. Unfortunately, it’s always a challenge given the anti-worker bias
                      that has taken hold of labor law enforcement. No one should have any doubt about the need to pass the Employee Free Choice Act after
                 reading the statistics below:



                 34%        34% of employers fire workers who try to
                            form unions.                                                       ½     Since 2003, more than half a million Americans formed
                                                                                                     unions through majority sign-up.


                 63%        63% of employers interrogate workers in mandatory one-on-
                            one meetings with their supervisors about support for a union.     4     Four out of 10 - In the current company-dominated system,
                                                                                                     workers who ask for a union election don’t get a chance to vote
                                                                                                     in four out of 10 cases.

                 54%        54% of employers threaten workers in mandatory one-on-one
                            meetings with their supervisors about support for a union.
                                                                                              30%    Workers in unions earn 30% higher wages than those without
                                                                                                     unions.

                 57%        57% of employers threaten to close the worksite when workers
                            try to form a union.
                                                                                              36%    36% of workers who vote against union representation explain
                                                                                                     that their vote was a response to employer pressure according

                 47%        47% of employers threaten to cut wages and benefits when
                            workers try to form a union.
                                                                                                     to a survey of 400 NLRB election campaigns in 1998 and 1999.



                 75%        75% of employers facing a union organizing drive hire anti-       180    In 2007, the average pay for CEOs was more than 180 times
                                                                                                     average worker pay.
                            union consultants.


                 30%        30% of employers provide assistance to an employee anti-union     79%    79% of workers agreed that workers are “very” or “somewhat”
                                                                                                     likely to be fired for trying to organize a union.
                            committee.


                 21%        21% of employers bring police into the workplace (even though     23%    23% of workers in majority sign-up campaigns report
                                                                                                     management coercion to oppose the union.
                            no arrests were made in the campaigns surveyed).


                 41%       In 41% of campaigns with a majority of recent immigrants,          46%    46% of workers in NLRB elections are likely to report
                                                                                                     management coercion to oppose the union.
                           employers threaten to call U.S. Immigration and Customs
                           Enforcement (ICE).
                                                                                              59%    Union workers in the U.S. are 59% more likely to have employer-
                                                                                                     provided health insurance.

                  $0       $0.00 is the amount the NLRB can fine an employer for willfully
                           bribing, threatening, assaulting, or firing pro-union employees.
                                                                                               1     1 in 20 or 4.6%, reported feeling pressured by a union organizer
                                                                                                     to sign a card during a majority sign-up campaign.

                 46%       In 46% of NLRB-supervised union elections, workers report
                           employer lawlessness both before and during the election.
                                                                                              5.5    5.5 years is the median time it takes the NLRB to resolve its
                                                                                                     “highest priority” unfair labor practice cases resulting in back

                 52%       One year after a successful election, 52% of newly formed
                           unions have no collective bargaining agreement. Two years after
                           an election, 37% of newly formed unions still have no contract.
                                                                                                     pay awards.




                 www.atu.org                                                                                                         JULY / AUGUST 2009             7



JA-IT09.indd 7                                                                                                                                                   7/20/09 7:48 AM
                                              — LEGISLATIVE REPORT —

             Nearly $700 Million Made
        Available for Operating Assistance
                    ‘Having the money to buy new buses won’t get you very far
                            if there aren’t bus drivers to operate them.’
                                                                                                         Sen. Christopher J. Dodd | D-CT




        P  resident Obama on June 24 signed a bill that includes a provision
           allowing public transit agencies to use up to 10 percent of their
        American Recovery and Reinvestment Act (ARRA) formula funds to cover
                                                                                    transit systems continue to report capacity issues. Ridership is at a 50-
                                                                                    year high. Yet, ironically, at a time when Americans are leaving their
                                                                                    cars at home like never before, public transportation systems are being
        public transportation operating costs.                                      forced to implement painful service cuts and fare increases because of
                                                                                    shortages in state and local revenues.
           Record high gas prices in 2008 caused millions of people to try public
        transportation, and despite the recent drop in the price of oil, many           While the ARRA (also known as the “economic stimulus bill”) did
                                                                                    include nearly $8.4 billion for transit, funding was only available for
                                                                                    capital projects, like buses, rail cars and other equipment. Facing an
                                                                                    unprecedented level of layoffs across the country, ATU supported the
                                                                                    overall funding for transit in ARRA but also called upon Congress
                                                                                    to allow a portion of the funds to be used for operating assistance.
                                                                                    Unfortunately, the bill was passed in February without the operating
                                                                                    assistance provision.


                                                                                    CONTROVERSIAL ISSUE
                                                                                       Transit operating assistance is a controversial issue, and passage
                                                                                    of the “10 percent” amendment as part of an unrelated bill in June
                                                                                    would not have been possible without the leadership of Senator Chris
                                                                                    Dodd, D-CT, chair of the Senate Committee on Banking, Housing, and
                                                                                    Urban Affairs, Dodd championed the measure to give transit agencies
                                                                                    greater spending flexibility. Dodd hopes that the bill will help agencies
                                                                                    prevent fare increases, avoid lay-offs, furloughs and significant cuts to
                                                                                    their transit service, and meet the immediate needs for job preservation
                                                                                    and economic recovery.

                                                                                        “Having the money to buy new buses won’t get you very far
                                                                                    if there aren’t bus drivers to operate them,” said Dodd. “Many
                                                                                    transit agencies, including Connecticut’s, are strapped for cash
                                                                                    in these tough economic times. Giving them some flexibility in how
                                                                                    they spend their Recovery Act funds will give them some breathing
                                                                                    room in their budget and help them stave off fare increases.”

                                                                                       “Transit workers and riders are extremely grateful to Senator Dodd
                                                                                    for recognizing the dire circumstances facing U.S. transit systems,”

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JA-IT09.indd 8                                                                                                                                                  7/20/09 7:48 AM
                 said ATU International President Warren S. George. “Thanks to his               is desperately trying to reduce its dependence on foreign oil. The ATU
                 leadership, some of our members may now be brought back to work,                is continuing to work with Congress to improve this provision in an
                 and transit can play a larger role in our overall economic recovery.”           effort to provide transit systems with local control of their federal
                                                                                                 transit funds. This would allow transit systems to preserve critical service
                                                                                                 and hold down fares during tough economic times so that working
                 HISTORIC TRANSIT LEGISLATION                                                    families may be offered quality, affordable public transportation.
                 INTRODUCED IN HOUSE
                     On June 18, U.S. House Transportation and Infrastructure                    OUTLOOK CLOUDY
                 Committee leadership introduced the bi-partisan Surface Transportation
                                                                                                     Current federal transit law expires September 30. When the last
                 Authorization Act of 2009 (STAA), groundbreaking legislation that
                                                                                                 bill expired in 2003, it was extended 11 times over a two-year period
                 would increase public transportation funding by more than 90 percent
                                                                                                 before Congress came to an agreement on a long-term bill. House
                 over the next six years. STAA recommends a $450 billion investment
                                                                                                 Transportation and Infrastructure Committee Chair James L. Oberstar,
                 in surface transportation programs, including $99.8 billion for public
                                                                                                 D-MN, wants to avoid short-term extensions this time, and says he
                 transportation programs. The bill recommends an additional $50
                                                                                                 will move STAA through his committee by the end of July. Even, if he
                 billion to support President Obama’s vision for the creation of a high
                                                                                                 does, the bill will likely stall at that point.
                 speed rail network in the United States.

                    In an effort to simplify the federal transit program, STAA would
                 consolidate several existing sections of law. Many elements of ATU’s
                 surface transportation reauthorization proposal are included in the
                 committee’s package, including the Transportation Job Corps Act,
                 ATU-drafted legislation which would begin to address workforce
                 development issues within the transit industry.


                 OPERATING ASSISTANCE PROVISIONS
                     One critical issue for ATU members is transit operating assistance.
                 Under current law, only small communities may use their federal
                 transit funds for operations (wages, etc.). STAA would provide new
                 operating assistance to transit systems of all sizes by making a portion
                 of formula funds available, although not at the level proposed in ATU-
                 drafted legislation (H.R. 2746) that was introduced by Representative
                 Russ Carnahan, D-MO, several weeks ago. The Carnahan bill would
                 allow all transit systems, regardless of size, to use at least 30 percent of       The House Ways and Means Committee, which is responsible
                 formula funds for operating assistance. In addition, the bill would encourage   for financing the legislation, has not agreed to put the bill on its
                 state and local governments to invest in transit through a unique               agenda. Most importantly, Secretary of Transportation Ray LaHood
                 incentive program.                                                              has announced that President Obama wants the transportation bill
                                                                                                 postponed for 18 months so that Congress may take on other pressing
                     However, the compromise language in STAA would cap the use of               matters, including climate change, health care, and the nomination of
                 formula funds for the nation’s largest transit systems at five percent. Mid-    a Supreme Court Justice. Key committee leadership in the U.S. Senate
                 size systems could use 10 percent of their formula funds for operations,        has sided with the president, saying that extra time is needed to find
                 while smaller transit agencies could use 20 percent. Areas under 200,000        a suitable revenue source and develop new policies for the bill.
                 in population would continue to be able to use an unlimited amount
                 of their funds for operations. In order to qualify for federal operating           Therefore, although the introduction of STAA is a significant step
                 funds, however, most transit systems would first have to prove that             in the reauthorization process, it is a very early step, and the bill is a
                 state and local governments are contributing to their systems. While            long way from becoming law.
                 similar to the Carnahan bill, STAA would not provide as much
                 flexibility or offer the same level of incentives for state and local              Note: ATU local presidents and business agents throughout the
                 investment in transit.                                                          U.S. have been sent information about ARRA funding for their
                                                                                                 individual properties. To find out how much your system may use
                    The inclusion of any operating assistance language is a huge                 for operating assistance, please visit our website at www.atu.org or
                 victory for transit labor and a recognition by Congress that federal            contact the ATU Legislative Department at (202) 537-1645.
                 resources are needed to help transit systems survive in these
                 changing times when the price of fuel swings wildly and the U.S.

                 www.atu.org                                                                                                                 JULY / AUGUST 2009             9



JA-IT09.indd 9                                                                                                                                                           7/20/09 7:48 AM
           Jeanice McMillan: A True ATU Hero, Continued from page 3


           ‘RIDE THAT TRAIN TO HEAVEN’                                                 the U.S. and Canada to upgrade and the replace the antiquated equipment
                                                                                       which can cause terrible accidents.
               Our members are professionals who save lives everyday by keeping
           a watchful eye, by dealing with problem passengers and by preventing            And, we can resolve to challenge the rush to blame transit operators
           serious accidents. When we cannot prevent an accident, we stay calm         for any transit accident which may occur. This may be the lasting legacy
           and, sometimes, as the bishop said about Sister McMillan, we “ride that     of Jeanice McMillan, a true ATU hero who made the ultimate sacrifice
           train to heaven.”                                                           for the sake of her passengers.

              That’s why it is so unfair when people blame operators first –
           particularly when they are not there to defend themselves.

             If any good can come out of this tragedy, it is that it has increased
           awareness that we must provide the funding for transit systems all over




              ATU Overwhelmingly Supports the Employee Free Choice Act
              A    TU locals across the United States demonstrated overwhelming support for the Employee Free Choice Act by sending donations to the
                   International to support the “Turn Around America Media Fund.” By action of the ATU General Executive Board, the International matched
              the local contributions dollar for dollar until the end of May.

                Many of the donations were in the amount of $2.50 per member. As you can see from the list below, the support came from all over the
              United States. By the end of May, the ATU contributed over $287,000 to the Media Fund at the AFL-CIO. On behalf of the entire labor
              movement, we thank our locals for their generous support:



              Local 85-Pittsburgh, PA             Local 713-Memphis, TN                Local 1091-Austin, TX                 Local 1493-Roanoke, VA
              Local 103-Wheeling, WV              Local 726-Staten Island, NY          Local 1093-Kalamazoo, MI              Local 1548-Plymouth, MA
              Local 164-Wilkes Barre, PA          Local 732-Atlanta, GA                Local 1145-Binghamton, NY             Local 1555-Oakland, CA
              Local 174-Fall River, MA            Local 752-Bloomington, IL            Local 1177-Norfolk, VA                Local 1564-Detroit, MI
              Local 256-Sacramento, CA            Local 757-Portland, OR               Local 1179-Jamaica, NY                Local 1576-Everett, WA
              Local 265-San Jose, CA              Local 779-Sioux City, IA             Local 1220-Richmond, VA               Local 1577-West Palm Beach, FL
              Local 272-Youngstown, OH            Local 801-Altoona, PA                Local 1225-San Francisco, CA          Local 1593-Tampa, FL
              Local 308-Chicago, IL               Local 857-Green Bay, WI              Local 1256-El Paso, TX                Local 1596-Orlando, FL
              Local 398-Boise, ID                 Local 859-Decatur, IL                Local 1267-Ft. Lauderdale, FL         Local 1605-Concord, CA
              Local 416-Peoria, IL                Local 996-South Bend, IN             Local 1277-Los Angeles, CA            Local 1607-Derby, CT
              Local 441-Des Moines, IA            Local 1005-Minneapolis, MN           Local 1279-Johnstown, PA              Local 1625-Buffalo, NY
              Local 519-LaCrosse, WI              Local 1015-Spokane, WA               Local 1300-Baltimore, MD              Local 1637-Las Vegas, NV
              Local 587-Seattle, WA               Local 1028-Des Plaines, IL           Local 1321-Albany, NY                 Local 1700-New York, NY
              Local 589-Boston, MA                Local 1031-Beaumont, TX              Local 1324-Savannah, GA               Local 1701-Sarasota, FL
              Local 627-Cincinnati, OH            Local 1039-Lansing, MI               Local 1338-Dallas, TX                 Local 1733-Vernon Hills, IL
              Local 694-San Antonio, TX           Local 1056-Flushing, NY              Local 1360-Topeka, KS                 Local 1742-Charleston, WV
              Local 704-Little Rock, AR           Local 1064-Terre Haute, IA           Local 1464-Tampa, FL                  California Conference Board



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JA-IT09.indd 10                                                                                                                                                   7/20/09 7:48 AM
                                                      Canadian Agenda
                                                      TORONTO MAKES LARGEST STREETCAR PURCHASE EVER



              T     he Toronto Transit Commission (TTC) and Bombardier Transportation
                    Canada Inc., signed a contract on June 30, for the manufacture and
              purchase of 204 new low-floor streetcars. The $851 million CDN contract is
                                                                                                         The controversy continued over the next two weeks with Miller
                                                                                                     persisting and Baird resisting. Toronto finally accepted that Baird’s
                                                                                                     decision was final when it was reported that he blurted out an unusually
              said to be the largest order for streetcars in history. All of the costs relating to   strong expletive after being approached one time too many on the subject.
              the streetcars will amount to $1.2 billion.                                            Subsequently, Toronto found the remaining third of the money needed
                                                                                                     to fund the streetcars on June 26.
                 The purchase became a source of controversy immediately after the
              announcement that the city planned to buy the new transit vehicles                         “This purchase will allow the TTC to replace its aging streetcar fleet
              on June 18. Ontario Premier Dalton McGuinty and Toronto Mayor                          with modern light rail vehicles that can carry more riders,” said Mayor
              David Miller announced that the City of Toronto, the Province of                       Miller. “This is a made-in-Ontario solution that will generate thousands
              Ontario, and the federal government in Ottawa would each provide                       of desperately needed manufacturing jobs, provide a huge infusion into
              roughly one-third of the cost of the project. The money from the                       the economy and generate millions in tax revenues to the provincial and
              federal government, they said, would come out of the stimulus funds                    federal governments.”
              recently appropriated by Ottawa.

                 There was only one problem: no one told Canadian Transport Minister                 DELIVERY
              John Baird who very publicly stated that he didn’t think that the project
              qualified for stimulus funding. Baird wrote Miller, explaining, “The                      The delivery plan for the 204 new streetcars calls for a prototype
              project that your officials tried to submit clearly did not meet the criteria          vehicle to be delivered to the TTC in 2011. Passenger service will begin
              and so could not be submitted.”                                                        in 2012. And all 204 cars will be delivered by 2018.

                 Indeed, all stimulus projects must be completed by March 31, 2011,                      The new streetcars will replace the current fleet of 248 streetcars
              and the money must be spent building infrastructure in the municipality                which were purchased in the 1970s and ’80s. These vehicles now need
              where the application is granted. Because, “the streetcars Toronto intends             to be replaced, as the aging fleets are nearing the end of their useful
              to purchase “will not even be delivered until late 2012, at the earliest               lives. They are not accessible, their reliability is steadily declining, and
              and the project will not be complete until 2018,” Baird said they did                  maintenance costs continue to rise.
              not qualify.
                                                                                                        The new streetcars will be low-floor, quieter, and be able to carry
                 Also, the streetcars would not be built in Toronto, which meant that                almost twice as many people as the current streetcars. Bombardier
              the stimulus funds would go to “re-tooling a Bombardier plant in Thunder               says that the contract represents the largest order ever for light rail
              Bay,” Baird said. “This fund was created to build public infrastructure,               vehicles worldwide.
              not modernize factories,” he insisted.

                                                                                                     ‘STEP-LESS INTERIOR’
                                                                                                         Bombardier says that the new vehicles are “based on ‘Flexibility’
                                                                                                     100% low-floor, light rail technology modified to TTC specifications
                                                                                                     and the special requirements of Toronto’s streetcar network. The five-
                                                                                                     module, uni-directional vehicles with all-wheel drive are more than 28
                                                                                                     meters long and 2.54 meters wide. The new vehicles will feature a step-
                                                                                                     less interior allowing easy access at street level; a car capacity for more
                                                                                                     than 240 passengers; increased heating and air conditioning capacity;
                                                                                                     enhanced accessibility, locations for bicycles, wheelchairs and strollers;
                                                                                                     more efficient passenger boarding and exiting; improved communications
                                                                                                     features; and a regenerative braking system that feeds power back into
                                                                                                     the TTC network.”



              www.atu.org                                                                                                                       JULY / AUGUST 2009            11



JA-IT09.indd 11                                                                                                                                                              7/20/09 7:48 AM
        ATU Properties
        Receive Over $1.2
        Billion in ARRA
        Funds – So Far

        T    ransit agencies with ATU-represented employees have received
             over $1.2 billion in American Recovery and Reinvestment Act
        (ARRA) stimulus funding as of June 25. Not counted in this figure are
                                                                                                     The infusion of support bears testament to the effectiveness of
                                                                                                 taking part in the political process as so many ATU members did in the
                                                                                                 last election, and the importance of belonging to a strong and active
        grants given to states which will use the funds for both ATU and non-                    union such as the ATU. The Union fought for the transit stimulus
        ATU transit properties, and money still in the federal pipeline.                         funding which is already finding its way to transit agencies which
                                                                                                 employ ATU members.
           The capital funding will go a long way toward revitalizing our transit
        infrastructure which has needed a boost for a long time. And now that                       What follows is a partial list of the stimulus funding which will benefit
        Congress has passed legislation allowing 10 percent of ARRA funds to                     transit agencies where our ATU members work. More will be forthcoming:
        be used for operating expenses – jobs and service which would have been
        cut will be saved.


          WEDNESDAY, JUNE 10, 2009                                                               CA: $3.0 Million - San Joaquin Regional Rail Commission (ARRA Grant)

        CA: $225.1 Million - Los Angeles County Metropolitan                                     Local 1225   Provides funds for SJRRC to complete an overhaul of the prime mover,
        Transportation Authority (ARRA Grant)                                                                 replace head-end power generator sets, upgrade microprocessors,
                                                                                                              rebuild electrical systems, air compressors and related repairs to their
        Local 1277   This grant provides funds for Metro Rail and Metro Bus facilities and                    four locomotives.
                     equipment upgrades, including the replacement of approximately
                     ninety 45-foot buses and fifty 32-foot buses, and the overhaul of
                                                                                                 CA: $7.7 Million - Monterey-Salinas Transit (ARRA Grant)
                     approximately 400 buses over five years old under the Bus Overhaul
                     Program. Other activities being funded include staircase widening for       Local 276    Provides funds to for the final installment of $5.6 million for a bus fleet
                     emergency egress and improved pedestrian access at the 7th/Metro                         replacement and purchase program of approximately 40 buses and six
                     Red Line Station in Downtown Los Angeles, replacing fiber optic                          trolleys. Also funds in the amount of $500,000 will be used for the
                     equipment for the rail system, replacing Metro Blue Line traction                        purchase of new fare boxes, replacing outdated equipment with new
                     power substations, and modifications of CNG fueling facilities.                          “smart card” and associated fare recovery equipment. The balance of
                                                                                                              $1.6 million will be used for preventive maintenance.
        CA: $1 Million - Los Angeles County Metropolitan Transportation
        Authority (ARRA Grant)                                                                   CA: $4.3 Million - Central Contra Costa Transit Authority (ARRA Grant)
        Local 1277   Provides funding for enhancements such as public art, signage and           Local 1605   This grant will be used for scheduled maintenance work and repairs of
                     way-finding improvements for up to 19 bus stations or stops along                        fixed route buses. Funds for these repairs will keep mechanics and
                     Harbor and El Monte transitways and local bus stop areas in downtown                     operators on the job and delay service cuts that might otherwise result
                     Los Angeles.                                                                             from lack of funding.

        CA: $7.9 Million - San Mateo County Transit District (ARRA Grant)                        CA: $3.1 Million - San Joaquin Regional Rail Commission (ARRA Grant)
        Local 1574   Provides funds for the replacement of San Mateo County’s aging bus          Local 1225   Funds will be used to construct new track and upgrade the railbed.
                     fleet with as many as ninety-one 40-foot, forty 35-foot, and one 30-foot
                     buses. Funds will also be used for preventive maintenance and an ADA
                     paratransit operating subsidy that will help ensure that SamTrans can       CA: $7.6 Million: City of Vallejo (ARRA Grant)
                     continue to operate without requiring significant cuts in service despite
                                                                                                 Local 1225   The city will use the funds to replace a ferry engine, to renovate and
                     large reductions in state funding.
                                                                                                              repair the ferry terminal building on Mare Island and the bus maintenance
                                                                                                              facility in Vallejo, and perform preventive maintenance on vehicles.


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JA-IT09.indd 12                                                                                                                                                                             7/20/09 7:48 AM
              CO: $18.6 Million - Denver Regional Transportation District (ARRA Grant)                 MA: $3.9 Million - Brockton Area Transit Authority (ARRA Grant)

              Local 192    Provides funds for the design and construction of Denver Union Station      Local 1547   Will enable the purchase one 30-foot and five 35-foot buses, maintenance
                           (DUS), which will be the future hub for many transportation modes in                     equipment, a new vehicle locator system, and surveillance equipment.
                           the Denver metro area. RTD will implement the transit elements as                        The funds will also allow preventive vehicle maintenance and minor
                           part of the overall redevelopment of the station. The East, North Metro,                 repairs to the BAT Intermodal Center.
                           Northwest Rail Gold Line, and CPV spur rail lines will all join at DUS
                           as well as the US 36 Bus Rapid Transit corridor and many other bus          MA: $16.3 Million - Pioneer Valley Transit Authority (ARRA Grant)
                           lines will connect at the station.
                                                                                                       Local 448    This grant will fund replacement of thirteen 40-foot buses, sixteen 35-foot
              CO: $2.4 Million - City of Pueblo (ARRA Grant)                                                        buses, and 18 paratransit vans. The grant will also fund purchase of
                                                                                                                    10 solar panels for bus shelters and 45 bus-mounted bicycle racks, as
              Local 662    Provides funds to purchase a 35-foot hybrid bus, a 35-foot low-floor bus,                well as mobile surveillance transit security equipment. Additionally,
                           and two 40-foot low-floor buses, one support vehicle and five paratransit                the grant will fund improvements to PVTA transit facilities in Springfield
                           vans to replace vehicles that have met their useful lives. Additionally                  and Amherst, MA, and purchase of transit-related tools and equipment.
                           the city will be purchasing automated voice enunciation system to call
                           out stops on fixed route buses.                                             NV: $33.7 Million - Southern Nevada Regional Transportation
                                                                                                       Commission (ARRA)
              CT: $2.8 Million - Greater Bridgeport Transit Authority (ARRA Grant)
                                                                                                       Local 1637   Funds will be used for the construction of three projects: the Boulder
              Local 1336   Funds will be used to replace 40 fixed-route bus engines, at a cost of                   Highway Bus Rapid Transit, the Centennial Hills Transit Center and park-
                           $70,000 each, including installation.                                                    and-ride lot, and the Central City Terminal.

              DC: $17.7 Million - Washington Metropolitan Area Transit Authority                       OH: $8.5 Million - Toledo Area Regional Transit Authority (ARRA Grant)
              (ARRA Grant)
                                                                                                       Local 697    Funds will purchase fifteen buses longer than 35 feet, ten buses shorter
              Local 689    Grant will be used to implement a track pad/shock absorber rehabilitation                than 30 feet, eleven paratransit vehicles, and six support vehicles for the
                           program, purchase and install emergency tunnel carts and storage                         TARPS fleet, as well a bus stop/boarding announcement system to enhance
                           cabinets; expand WMATAs chemical sensor detection system; upgrade                        access for Persons with Disabilities, as well as preventive maintenance.
                           fare machines; build a new Metro Sales Center; and purchase four
                           prime movers to be utilized as work trains.                                 PA: $4.3 Million - Berks Area Reading Transportation Authority (ARRA Grant)
                                                                                                       Local 1345   Funds will be used to purchase four additional 40-foot hybrid-electric buses
              IL: $240.2 Million - Chicago Transit Authority (ARRA Grant)                                           to expand fixed-route service throughout BARTA’s system, and replace
                                                                                                                    six paratransit buses. Furthermore, this grant will finance the purchase
              Locals 241   These grants from two separate FTA programs in the amounts of                            of safety and security cameras for transit vehicles that do not
              & 308        $191.3 million and $48.9 million will fund bus purchases, preventive                     currently have this equipment; spare bus components for the
                           maintenance, subway rehabilitation, and the renovation of rail stations                  maintenance of BARTA’s fleet, and electronic real-time passenger bus
                           and support facilities. CTA plans to replace as many as 58 60-foot                       location information signage and other improvements at BARTA`s
                           hybrid diesel-electric buses; replace aging and deteriorating components                 Intermodal Transportation Complex.
                           of the Blue Line Dearborn Subway in central Chicago and to renovate
                           bus, rail, and support facilities throughout the CTA system. CTA also       PA: $1.5 Million - Mid Mon Valley Transit Authority (ARRA Grant)
                           plans to renovate rail transit stations, including Cermak-Chinatown
                           and Logan Square.                                                           Local 1743   Funds will be used for the renovation and construction of the Donora
                                                                                                                    Intermodal Transit Facility. Donora has been designated as a distressed
              IN: $16.1 Million - Indianapolis Public Transportation Corporation                                    borough, and this project supports borough revitalization efforts. Phase
              (ARRA Grant)                                                                                          one of this project will fund the construction of an 11,000 square-foot
                                                                                                                    maintenance garage. Phase two, to be financed with future funding,
              Local 1070   Funds will be used to purchase 14 replacement buses, perform                             includes a facility with bike racks, bus shelters, waiting areas, parking
                           preventive maintenance, and make security and transit enhancements                       areas, ticketing and information counters, and connections with other
                           that will expand the successful on-board bus camera project and                          regional operators.
                           improve access to transit for pedestrians and bicyclists.
                                                                                                       SC: $6.5 Million - Charleston Area Regional Transportation Authority
              IN: $3.7 Million - South Bend Public Transportation Corporation (ARRA Grant)             (ARRA Grant)

              Local 996    Funds will be used to build a new transit center serving the communities    Local 610    Funds will be used to replace nine buses, for facilities renovation, and
                           of South Bend and Misawaka. The center will house transit                                for and transit enhancements, including bus shelter construction at 25
                           administration, maintenance, and operations.                                             locations, and passenger information systems that will display specific
                                                                                                                    schedule information at bus stops.
              KY: $5.5 Million - Transit Authority of the Lexington-Fayette Urban
              County Government (ARRA Grant)                                                           TN: $1.1 Million - Jackson Transit Authority (ARRA Grant)

              Local 639    A total of $1.9 million will be used to purchase one clean diesel and       Local 1285   This grant will fund facility construction and replacement vehicles.
                           two hybrid-fuel buses, and one cutaway vehicle. The hybrid buses will                    The facility construction funding is for the administrative portion of the
                           be the first step in making the system’s fleet “green.” In addition, the                 Jackson Transit Authority’s administration-operations-maintenance
                           authority will use $1.5 million of the grant to acquire and install an                   facility project. The grant will also fund the purchase of one fixed-route
                           automatic vehicle location/GPS system. The remainder of the funds will                   and two paratransit buses.
                           be used for automated fare boxes, bus stop improvements, and new
                           security and communications equipment.

                  www.atu.org                                                                                                                          JULY / AUGUST 2009                   13



JA-IT09.indd 13                                                                                                                                                                            7/20/09 7:48 AM
        TN: $17.8 million - Memphis Area Transit Authority (ARRA Grant)                            MA: $12.4 Million - Worcester Regional Transit Authority (ARRA Grant)
        Local 713     Will fund the replacement of nine 29-foot paratransit buses; twenty-         Local 22     Funds will be used to replace 28 buses and vans—four of which will be
                      one 40-foot and five 35-foot fixed-route buses; and new transit                           hybrids—replace four bus shelters, install state-of-the-art transit
                      technology, including communications equipment, vehicle locator                           technology, and pay for architectural and engineering design work on
                      equipment, passenger counters, stop annunciators, and security cameras.                   a proposed bus transfer station at Union Station in Worcester.

        TN: $4.7 million - Chattanooga Area Regional Transportation Authority                      PA: $3.1 Million - Luzerne County Transportation Authority (ARRA Grant)
        (ARRA Grant)
                                                                                                   Local 164    The funds will buy five hybrid electric buses and bike racks, which will
        Local 1212    Funds will be used for the refurbishing of CARTA’s Incline Railway, which                 cut down on pollutions and provide commuters with alternatives to driving.
                      provides passengers with a scenic ride up the side of Lookout Mountain.                   The funds will also provide for enhanced security and communications.

                                                                                                   WA: $70.9 Million - King County Department
          WEDNESDAY, MAY 20, 2009                                                                  of Transportation (ARRA Grant)
        CA: $48.3 Million - San Francisco Bay Area Rapid                                           Local 587    Funds will be used to purchase 60 new hybrid buses to replace buses in
        Transit District (ARRA Grant)                                                                           their fleet that have met their useful life.

        Local 192     Funds will be used to update transit vehicles with new carpeting and         WA $2.7 Million - Ben Franklin Transit, Richland (ARRA Grant)
                      seat cushions, replace essential electrical service from PG&E to stations,
                      construct a mainline crossover at Pleasant Hill, and replace the anodes      Local 1599   New security equipment is among the things that will be funded with this
                      and anode cables that prevent corrosion of the TransbayTube. The funds                    grant. Ben Franklin Transit has already completed much of the expansion
                      will also be used to construct a walkway at Balboa Park station with                      of their base, including a new fueling site, additional parking and a
                      automatic fare collection equipment, lighting, security cameras and                       new bus wash system.
                      a new entrance plaza connected to ADA-accessible walkway to
                      Ocean Avenue.                                                                WA: $1.3 Million - City of Seattle (ARRA Grant)
        CT: $493,947 - Connecticut Department of Transportation (ARRA Grant)                       Local 587    This grant will provide funding in the amount of $1.0 million for Seattle
                                                                                                                Monorail Train safety improvements and $314, 011 for preventive
        Local 425     Funds will be used to replace one 45-foot commuter express bus                            maintenance for South Lake Union Streetcar.
                      operating along the I-84 HOV lane between Vernon and Hartford. The
                      bus, which will have 57 fully cushioned high back seats and two              WA: $14.1 Million - Snohomish County Transit (ARRA Grant)
                      secured positions for wheelchairs, will be used for peak period express
                      service connecting Hartford’s eastern suburbs and the City’s central         Local 1576   Funds will be used to replace 22 buses and pay for preventive
                      business district.                                                                        maintenance for the fleet. Seven of the buses to be purchased will be
                                                                                                                double-decker buses, and 15 will be 40-ft buses for use in the Seattle
        CT: $1.5 Million - Norwalk Transit District (ARRA Grant)                                                and Marysville areas.

        Local 443,    Funds will allow the city to proceed with plans to improve its downtown      WA: $2.3 Million - Intercity Transit, Olympia (ARRA Grant)
        1336 & 1622   transit hub.Facility serves as the transfer point for all local NTD buses,
                      as well as connecting service to Danbury, Stamford, Milford and              Local 1765   Funds will be used to purchase as many as four hybrid-electric buses
                      Bridgeport. The total project is projected to cost $3.5 million, of which                 equipped with heavy-duty wheelchair ramps, which will make transit
                      $2 million has already been awarded by the Federal Transit Administration.                accessible to more commuters in the Olympia area.



           Let Me Introduce Myself, Continued from page 5

              People often ask me if I ever thought back in 1982 when I went                           The move for my family from a small farm in Oregon to the
           to work for TriMet that I would eventually end up representing                          Washington, DC area is not an easy one, but it is a move that is seen
           transit workers. Had someone told me that back then, I would                            as important and necessary. My wife Linda, and daughters Elizabeth
           have undoubtedly suspected them of being under the influence of                         and Kate, are excited about the move and the change in their lives.
           something. Would I have wanted my career to turn out any other                          Elizabeth is a student at Oregon State University and has been accepted
           way? Absolutely not!                                                                    as a transfer student at the University of Maryland beginning with the
                                                                                                   2009 fall term. Kate will be a senior in high school and looks forward to a
                                                                                                   new school and new experience. Without their support and encouragement,
           MOST REWARDING YEARS OF MY LIFE                                                         this new assignment in my life would not have been possible.

              The past 21 years as an elected officer of the ATU have been the                        I look forward to working for and with all of you, the members of this
           most rewarding time of my life, and I look forward to many more                         great organization known as the Amalgamated Transit Union.
           years of service to what I believe is the best labor union representing
           working men and women in the United States and Canada. I believe
           there can be no more honorable a profession.


        14        IN TRANSIT                                                                                                                                             www.atu.org



JA-IT09.indd 14                                                                                                                                                                              7/20/09 7:48 AM
              oregon unionist, deq
              off icial, works to
              reduce dirty
              diesel’




              C    all it “dirty diesel.” Diesel fuel is in the air we breathe. Its exhaust
                   contains at least 40 toxic air contaminants, plus soot particles so
              small they bypass filters in the human body. And it’s everywhere in
                                                                                                “There are some CNG (compressed natural gas) buses out there too,”
                                                                                              Remark continued, “but it seems bus agencies are not ordering them as
                                                                                              much as the hybrids.”
              urban air.
                                                                                                 Diesel buses, however, are still around. On July 6, the Chicago-area
                 Some people breathe more diesel fuel than others. Millions of workers        Pace system announced that it would be purchasing 58 new diesel buses
              are exposed on the job to diesel exhaust – school, urban and over-the-          with the $18 million stimulus it was provided by the federal government.
              road bus operators and bus maintenance workers, truckers, and loading
              dock workers, obviously, but also longshore, maritime, and railroad                 Today’s diesel engines are a lot cleaner than they used to be, and they
              workers, firefighters, construction workers, and others who work near           are less expensive than hybrids. Still, diesel buses will burn about 30,000
              heavy equipment.                                                                more gallons of fuel than hybrids over their lifetime. And, a new fleet of
                                                                                              hybrid buses would have saved Pace over a million gallons of fuel and
                                                                                              eliminated 10,500 tons of greenhouse gases, saving taxpayers at least
              CLEAN BURNING FUEL                                                              $2.6 million in diesel costs alone. And those savings would have only
                                                                                              increased as diesel prices rose.
                  “There’s a big push now for clean-burning fuel, so we’re trying
              to develop training for maintaining hybrid engines,” explains ATU
              Maintenance Training Coordinator John Remark. Hybrid engines use                DURABLE
              a four-cylinder diesel motor in combination with an electric battery to
              power their buses.                                                                  Diesel engines are incredibly durable. That means a “legacy fleet”
                                                                                              of dirty older-model diesel engines is likely to be putting worker health
                 One of Remark’s goals is to train mechanics who will service                 at risk for decades to come. There’s a tow boat on the Columbia River,
              hybrid vehicles in-house, rather than having the buses serviced by the          for example, that still runs on an engine pulled out of a World War II
              manufacturers under a warranty agreement.                                       submarine. These diesels stick around.

                  www.atu.org                                                                                                           JULY / AUGUST 2009            15



JA-IT09.indd 15                                                                                                                                                      7/20/09 7:48 AM
           So it’s the job of one union member in Portland – Kevin Downing             fleets to raise the priority” of cleaning up the exhaust and lowering the
        – and his colleagues nationwide to persuade owners of diesel engines           health threat, Downing suggested.
        to take measures to reduce exhaust sooner rather than later. Downing
        coordinates the Oregon Clean Diesel Initiative at the Oregon Department           In some areas, the International Longshore and Warehouse Union
        of Environmental Quality (DEQ), and is a former president of AFSCME            made an issue of diesel exhaust, working in coalition with community
        Local 3336. In his job, he’s an expert on diesel.                              groups to get ships, trains and trucks to turn off their engines when
                                                                                       not in use. In other areas, local governments – often under federal
            “It takes a certain amount of convincing” of diesel engine owners about    EPA pressure to clean up their air – have taken steps to reduce diesel
        the problem, “because I really can’t guarantee there will be fewer people      emissions, usually by ordering buses and trucks to turn off engines
        sick on the job, and I can’t guarantee they’re going to see reduction in       when idling.
        their health insurance premiums. But there are tremendous benefits to
        the community at large,” Downing asserts. Medical evidence, he declares            But there’s not much individual workers can do to reduce their
        is convincing.                                                                 risk. Ordinary dust masks don’t stop the fine particles that are the
                                                                                       problem. The exception is when workers turn engines off when not in
                                                                                       use. Downing said it’s a myth that diesel engines must be kept running
        MORE THAN A NUISANCE                                                           all the time. Anti-idling campaigns aim to make turning engines off a
                                                                                       worker habit – and workplace policy.
            “Diesels always have had a reputation for being smoky and smelly.
        But now, what we’re discovering through advances in medical research              “When I first started doing this,” Downing related, “I really had
        is that particulates are more than a nuisance; they are a health concern.      to scramble. People were very skeptical. Everybody was interested
        There’s increased risk for lung cancer, cardiovascular disease, asthma,        in being second, but very few were interested in being first.” Now,
        bronchitis, and other health effects,” he warns.                               Downing relates, interest is growing. “We’ve been doing this for a few
                                                                                       years. Word’s getting around.”
           “We can’t predict on an individual basis who will experience these
        health effects. But we can say that generally with increasing exposure to
        diesel, we see increasing incidence of the diseases.”

            Part of the problem is that the carcinogenic chemicals produced
        when diesel fuel combusts in an engine “stick” to the soot particles in
        the exhaust. The particles are small – 2.5 microns in diameter – one-
        hundredth the width of a human hair. That’s so small they can’t be trapped
        by your nose hair or swept out by cilia cells that line your windpipe. They
        enter your lungs and go directly into the bloodstream, where they affect
        cell metabolism, causing inflammation and blood clotting that can lead
        to heart attacks.

            Non-road diesel engines are the dirtiest. In Oregon, cleaner, low sulfur
        diesel fuel is required for diesel engines on the highways – and on trucks –
        but not yet for off-road diesel engines like heavy construction equipment.
        But the threat hasn’t gotten much attention. “Nobody disputes that
        there’s a problem with exhaust from diesel engines,” Downing explains.
        “It’s just that for many folks, it’s like ‘Tomorrow’s another day, and I’ll
        worry abut it then.’”


        COST

           One hurdle is that it can cost $1,200 to $12,000 per vehicle to
        install the filters and catalytic converters that reduce harmful diesel
        exhaust. However, there are federal grants available to help with that,
        Downing said. And the recently-passed economic recovery act included
        $300 million for “Clean Diesel” projects, mainly in the form of grants
        to diesel fleet owners to pay part of the cost of retrofitting engines.

           “I think there’s an opportunity for unions to work to develop the
        partnership relationships we need (with employers) with these (diesel)

        16        IN TRANSIT                                                                                                                     www.atu.org



JA-IT09.indd 16                                                                                                                                                    7/20/09 7:48 AM
                                NTSB Issues Urgent
                                    Light Rail
                                 Safety Warning


              T    he National Transportation Safety Board (NTSB) sent an urgent
                   recommendation to the Federal Transit Administration (FTA) on
              July 13. The NTSB urged the agency to advise all rail transit operators
                                                                                               The safety recommendation letter to WMATA may be found at:
                                                                                            http://www.ntsb.gov/recs/letters/2009/R09_6.pdf. The safety
                                                                                            recommendation letter to the FTA may be found at: http://www.ntsb.
              with train control systems capable of monitoring train movements to           gov/recs/letters/2009/R09_7.pdf.
              evaluate their systems for adequate safety redundancy. The warning
              comes as a result of an investigation of the June 22 Washington, DC
              Metrorail crash which took the life of Local 689 member Jeanice               INFRASTRUCTURE
              McMillan and eight others.

                 The NTSB’s investigation is not yet complete and no determination              The Metro crash has focused attention on transit infrastructure all
              of probable cause has been reached. But, investigators have concerns          over the U.S. The American Public Transportation Association has
              regarding the safety redundancy of the Washington Area Metropolitan           estimated that while $60 billion annually is necessary to cover transit
              Transit Authority’s (WMATA’s) train control system.                           infrastructure requirements, only $14.5 billion is being spent.

                  “While the NTSB is still in the very early stages of its investigation       According to the Department of Transportation’s 2006 Condition and
              into this tragic accident here in our nation’s capital,” said Acting Chair    Performance Report, the average age of urban light rail vehicles in the
              Mark V. Rosenker, “we have concerns about the failure of WMATA’s train        United States is 14.8 years, 48 percent of urban bus maintenance facilities
              control system to prevent this collision.” Rosenker continued, “By calling    are over 21 years old, and the average age of urban buses is 6.1 years.
              upon WMATA to take swift action to upgrade the safety redundancy of
              its system and by urging FTA to alert other transit agencies of the hazards       The Federal Transit Administration reports that almost one-third
              of single point failures such as the one experienced by WMATA, we hope        of urban bus maintenance facilities are in unacceptable condition, 51
              to prevent something similar from happening again.”                           percent of urban rail passenger stations are substandard, and eight percent
                                                                                            of rail transit track is in substandard or poor condition.
                  The NTSB explained its concerns about WMATA saying, “The
              accident on the Metrorail’s Red Line between the Fort Totten and                 Rep. Jim Oberstar, D-MN, who chairs the House Committee on
              Takoma stations has shown that WMATA’s train control system is                Transportation and Infrastructure, said recently, “We have known for
              susceptible to a single point failure because it did not fail safe and stop   some time that our public transportation infrastructure and rolling stock
              a train when detection of a preceding train was lost. The urgent safety       are in a general state of disrepair for lack of funding. We cannot afford
              recommendation issued July 13 calls for WMATA to evaluate track               to wait while our transit systems deteriorate further, perhaps leading to
              occupancy data on a real-time basis in order to detect losses in track        more tragedies as we saw on Metro. We must act and act quickly to get
              occupancy and automatically generate alerts to prompt such actions as         transit back on track.”
              immediately stopping train movements or implementing appropriate
              speed restrictions to prevent collisions.”                                        Oberstar has introduced a new highway and transit reauthorizations
                                                                                            bill which would address transit infrastructure as well as U.S. transit
                 In accordance with NTSB protocol, the letters were issued to
                                                                                            agencies’ crucial need for operating assistance (see Legislative Report,
              the heads of both agencies with a request for a response from each
                                                                                            page 8).
              organization within 30 days, addressing the actions taken or planned
              in response to the Board’s recommendation.

                  www.atu.org                                                                                                         JULY / AUGUST 2009            17



JA-IT09.indd 17                                                                                                                                                    7/20/09 7:48 AM
                   Government of Canada Mandates
                   Federal Transit Work-Rest Rules
           OTTAWA — Canada’s Transport Minister, John Baird, announced,            employees governed by federal rules can drive. Three transit services are
        June 3, that rules to enhance the safety of operators, passengers and      affected by this change: OC Transpo in Ottawa, Gatineau’s Société de
        other road users will soon be in place for transit operations under        transport de l’Outaouais, and Transit – Windsor.
        federal jurisdiction.
                                                                                      The proposed amendments were published in the Canada Gazette,
           “These changes will make it safer for everyone involved, from           Part I on March 14, 2009. After considering all comments received,
        transit passengers to motorists, and pedestrians,” said Minister Baird.    Transport  Canada finalized the regulations and they became law
        “This will greatly reduce the risk of driver fatigue-related incidents     six months after publication in the Canada  Gazette, Part  II on
        and collisions.”                                                           June 10, 2009.

           The amendment to the Commercial Vehicle Drivers Hours of
        Service Regulations will reduce fatigue by restricting the hours transit




        Le Gouvernement Du Canada Rend Obligatoires Les Regles Sur Les Heures De Service
        Et De Repos Des Conducteurs D’Autobus
           OTTAWA — Le ministre canadien des Transports, M. John Baird,            durant lesquelles les conducteurs d’autobus régis par le fédéral peuvent
        a annoncé, le 3 juin, que des règles visant à accroître la sécurité        conduire un autobus, ce qui contribuera à réduire leur fatigue. Elles
        des conducteurs, des passagers et d’autres usagers de la route seront      concernent trois services de transport en commun  : OC Transpo
        bientôt en place pour les activités de transport en commun sous            (Ottawa), la Société de transport de l’Outaouais (Gatineau) et Transit
        compétence fédérale.                                                       – Windsor.

            «Ces modifications accroîtront la sécurité de toute personne               Les modifications proposées ont été publiées dans la Partie  I
        touchée, qu’il s’agisse des passagers du service de transport en commun,   de la Gazette du Canada le 14  mars  2009. Après un examen des
        des automobilistes ou des piétons », a déclaré le ministre Baird. « Cela   commentaires reçus, Transports Canada mettra la dernière main au
        réduira de façon considérable les risques d’incidents et de collisions     règlement, qui entrera en vigueur six mois après sa publication dans
        liés à la fatigue des conducteurs.»                                        la Partie II de la Gazette du Canada, soit le 10 juin 2009.

           Les modifications au Règlement sur les heures de service des
        conducteurs de véhicules utilitaires limiteront le nombre d’heures

        18        IN TRANSIT                                                                                                                 www.atu.org



JA-IT09.indd 18                                                                                                                                                7/20/09 7:48 AM
                                                                                                         Health Care
                                                                                                      Reform Menagerie
              P   resident Obama returned from a trip abroad on July 12, determined
                  to move the health care legislative process forward. He has set a
              deadline for having a bill ready for him to sign in September. While some
                                                                                                                          president has announced a deal with the nation’s hospitals to cut $70
                                                                                                                          billion in expenses over the next decade. Deals with other health care
                                                                                                                          providers are also expected.
              think that might be possible in the House, most doubt the Senate can
              meet that deadline.                                                                                            Central to the discussion, of course, is the question of how to pay for
                                                                                                                          a public health care option. Solutions include levying a new tax on high-
                 The president has said that he favors a plan in which a public option                                    income earners, and cuts in the current Medicaid program.
              would compete with private health insurance providers to bring down
              overall health care costs. Citizens would be free to keep their current                                         Labor favors health care reform, particularly because it has the potential
              provider or chose the public option. House Democrats have vowed that                                        of taking the contentious health insurance issue off the negotiating table.
              any plan that emerges from that body will include such a public option.                                     The health insurance industry is lobbying hard against a public option
                                                                                                                          saying that it can’t compete with a government-run program.

              COST                                                                                                            Whatever Congress decides will have a significant impact on the lives
                                                                                                                          of all Americans. You can keep up-to-date by visiting www.atu.org.
                Bringing down the cost of health care is as important a goal in
              Congress as providing health coverage itself. Toward that end the



                   Message du Président de l’International, Suite de la page 3

                   C’est la raison pour laquelle il est tellement injuste d’accuser les conducteurs d’abord — et,         et le Projet de loi C-333 soumis par MP Judy Wasylycia-Leis, NDP-Winnipeg North, SK
                   en particulier, lorsqu’ils ne sont pas là pour se défendre.                                            modifieraient le code criminel fédéral en durcissant les sanctions pour les attaques aggravées
                                                                                                                          lorsque la victime est un employé des transports en commun.
                   Si une seule chose positive doit ressortir de cette tragédie, c’est qu’il y a une plus grande
                   prise de conscience pour que l’on octroie des fonds pour les systèmes de transport public              Ce problème est devenu plus urgent avec l’attaque récente sur un chauffeur de bus de 53 ans
                   aux Etats Unis et au Canada afin d’améliorer et de remplacer le matériel ancien qui peut               à Toronto qui reçu plusieurs coups sur la tête avec un objet dur qui le blessèrent aux yeux
                   causer de terribles accidents.                                                                         et il a du avoir de nombreux points de suture. Il y a eu un autre incident à Edmonton avec
                                                                                                                          un chauffeur de bus de 55 ans qui fut attaqué par un groupe de jeunes et battu durement
                   Et, nous pouvons prendre la résolution de défier la hâte à faire porter le blâme sur les               derrière la tête avec une planche à roulettes.
                   conducteurs pour tous les accidents qui surviennent. Ceci peut être le legs permanent de
                   Jeanice McMillan, une véritable héroïne de l’ATU qui a fait le sacrifice ultime pour le bien           Il est temps d’agir
                   de ses passagers.Oui, nous allons arpenter les couloirs du Congrès ici à Washington, mais
                   sans un soutien enthousiaste chez vous, nos efforts n’aboutiront pas. Je crois fermement que           Nous sommes préoccupés par l’augmentation des attaques violentes sur nos membres. Nous
                   cette bataille sera gagnée ou perdue « en dehors du périphérique de Washington ».                      sommes très peu protégés par les lois fédérales et provinciales. Dans la plupart des cas, ces
                                                                                                                          attaques sont traitées comme de simples délits mineurs. Cela doit changer.
                   Frères et Sœurs, pour le bien de vos emplois et l’avenir de notre industrie, joignez-vous à
                   nous dans cette campagne historique – la poursuite de l’objectif de l’ATU d’obtenir une                Il est grand temps pour que les membres du Parlement agissent et adoptent les projets de loi
                   aide fédérale pour couvrir les coûts d’exploitation des systèmes de transport en commun.               soumis par les membres privés ou qu’ils proposent alors leur propre projet de loi et modifient le
                                                                                                                          Code Criminel de façon à augmenter les peines pour les attaques aggravées contre les employés
                   Sûreté et sécurité au Canada                                                                           des transports en commun — en les traitant de la même façon que des attaques contre des
                                                                                                                          agents de la sécurité, contre des pompiers, ou contre du personnel médical d’urgence.
                   Le Conseil Canadien pousse pour le passage de deux projets de loi soumis par des membres
                   privés, qui permettraient d’aider à protéger les employés des transports en commun et qui              Les membres de l’ATU méritent de travailler dans un environnement sûr et sécurisé. Je suis
                   furent mis à l’ordre du jour (introduits) dans la Chambre des Communes.                                convaincu que vous apporterez votre soutien pour cette importante législation.

                   Le Projet de loi C-314, soumis par MP Peter Julian, NDP-Burnaby-New Westminster, BC


                   El Mensaje del Presidente Internacional, Continuación de la página 3

                   El Gerente General del Metro, John Catoe, elogió a la Hermana McMillan como un héroe                   Por eso es tan injusto cuando la gente primero culpa a los operadores – particularmente
                   que salvó vidas. El Obispo Glen A. Staples declaró: “Usted tiene que ser una clase diferente de        cuando ellos no están presentes para defenderse.
                   persona para enfrentar a la muerte y decir ‘Yo voy a salvar tantas vidas como sea posible’. Nosotros
                   le debemos una deuda de gratitud por lo que ella ha hecho por la ciudad.”                              Si algo bueno resulta de esta tragedia, es que la misma ha aumentado la conciencia de que
                                                                                                                          debemos proveer el financiamiento para los sistemas de tránsito por todos los Estados Unidos y
                   ‘Viajamos en Ese Tren hacia el Cielo’                                                                  el Canadá para mejorar y reemplazar el anticuado equipo que puede causar terribles accidentes.

                   Nuestros miembros son profesionales que salvan vidas diariamente al mantener un ojo                    Y, nosotros podemos resolvernos a desafiar la prontitud de culpar a los operadores del
                   vigilante, en atender a problemas de los pasajeros, y para prevenir serios accidentes. Cuando          tránsito por cualquier accidente de tránsito que pueda ocurrir. Esto puede ser el legado
                   nosotros no podemos prevenir un accidente, nos mantenemos en calma y, algunas veces,                   perdurable de Jeanice McMillan, un verdadero héroe de la ATU quien hizo el supremo
                   según el Obispo dijo de la Hermana McMillan, nosotros “viajamos en ese tren hacia el cielo.”           sacrificio por el bien de sus pasajeros.




                  www.atu.org                                                                                                                                                     JULY / AUGUST 2009                      19



JA-IT09.indd 19                                                                                                                                                                                                         7/20/09 7:48 AM
         KNOW YOUR RIGHTS:
                               Wage Garnishment Protections in the US

        I  n the worst economic downturn of our lifetimes, many working
           families have been compelled to deal with some complex financial
        issues. Apart from a home foreclosure, the most frightening may be
        a wage garnishment – the legal procedure through which some
        portion of a individual’s earnings are subject to payroll withholding
        to satisfy an outstanding debt.

           For the most part, wage garnishments are initiated only by a
        court order and following some legal judgment confirming the debt.
        Child support obligations are a frequent subject of garnishment,
        as are unpaid student loans. The U.S. Internal Revenue Service
        and other tax collection agencies can also garnish wages to collect
        unpaid taxes.


        PROVISIONS OF THE FEDERAL STATUTE                                           supporting a current spouse or child, and up to 60 percent otherwise.
                                                                                    An additional five percent can be withheld for support payments that
           In the United States, Title III of the federal Consumer Credit
                                                                                    are over 12 weeks overdue, moreover.
        Protection Act, which is administered by the Department of Labor’s
        Wage and Hour Division, offers two essential safeguards to a worker
        facing a wage garnishment.
                                                                                    STATE LAWS APPLY AS WELL
           First, the Act prohibits an employer from terminating an individual
        whose earnings are subject to garnishment for any one debt – regardless        If a state wage garnishment law differs from Title III, an employer
        of the number of levies made or legal proceedings brought to collect        must honor the law resulting in a smaller garnishment. So too, a
        it. (The law does not, however, protect an employee from firing             state law preventing the discharge of a worker because of a wage
        because his or her earnings have been subject to garnishment for a          garnishment for more than one debt is controlling. At present, four
        second or subsequent debt.)                                                 U.S. states (North Carolina, Pennsylvania, South Carolina, and Texas)
                                                                                    do not allow wage garnishment at all, except for debts related to taxes,
           Title III also protects employees by limiting the percentage of          child support, federally guaranteed education loans, and a court-ordered
        one’s earnings that can be garnished in any pay period to satisfy non-tax   restitution for a crime committed by the debtor. Florida law, on the
        debts or the orders of a bankruptcy court.                                  other hand, precludes garnishing the wages of an individual who
                                                                                    provides more than half the support for a child or other dependant.
           Where a consumer debt such as a credit card balance is involved,
        the most that can be withheld is 25 percent of the person’s “disposable
        income” – the earnings left after legally required deductions are taken     GETTING MORE DETAILS
        for federal, state and local income taxes, Social Security and state
        unemployment insurance taxes, and statutorily-required contributions           Additional information about Title III of the U.S. statute can be
        to a public employee retirement system – or the amount by which             obtained from the Labor Department’s Wage and Hour Division at
        such disposable earnings exceed 30 times the federal minimum                1-866-487-9243. A concise jurisdiction-by-jurisdiction summary
        hourly wage (currently $7.25 per hour). In the case of a court order        of the state laws on garnishment, with telephone numbers for each
        for child support or alimony, Title III allows up to 50 percent of          enforcing agency, is available on-line at www.consumerbadcreditguide.
        an employee’s disposable earnings to be garnished if the worker is          com/wagegarnishmentlawsbystate.html.




        20        IN TRANSIT                                                                                                                 www.atu.org



JA-IT09.indd 20                                                                                                                                                7/20/09 7:48 AM
              Arbitration Decision                                                                                   ATU 2009
                                                                                                                   Training and
              ATU Local 1181 and Maggie’s Paratransit Corp.                                                      Events Calendar
              ISSUE: Did Maggie’s Paratransit Corp. have just cause to terminate         August 11-15, 2009      ATU Canadian Regional Training Seminar
              the employment of Grievant for an alleged history of unsafe and                                    Ottawa, ON
              aggressive driving? And if not, what shall the remedy be?
                                                                                         August 13-16, 2009      ATU Joint Conference Board
                                                                                                                 Cincinnati, OH
              SUMMARY: Grievant had worked as a paratransit van operator for
              the Company from June 2007 until her termination in February               August 23-27, 2009      ATU Eastern Regional Training Seminar
                                                                                                                 Orlando, FL
              2009, following a hearing at which it was determined that
              Grievant had a history of “unsafe and aggressive” driving. The             September 10-14, 2009   ATU Latino Caucus
              hearing was initially scheduled after the Company had learned that                                 Carnival Cruise Line, Galveston, TX
              Grievant allegedly failed to pickup a customer without notifying           September 20-21, 2009   ATU MS Golf Tournament
              and receiving approval. During the hearing, a review of Grievant’s                                 Worthington Manor, Frederick, MD
              employment record indicated that she had received several tickets          October 11-16, 2009     ATU Arbitration Seminar
              from red light cameras through the city; it was agreed by Grievant                                 Silver Spring, MD
              and the Company that these tickets served as the primary reason            October 11-17, 2009     ATU Financial Secretary Training Seminar
              for termination.                                                                                   Silver Spring, MD
                                                                                                                                  Best information available as of print date*
              Evidence presented at arbitration revealed that the Company had
              no specific red light camera ticketing policy, and that the Company
              never warned Grievant that red light ticket violations could result
              in termination. Furthermore, it was noted that the Company had
              long been aware of Grievant’s tickets, going so far as to pay Grievant’s
              fines and agree to a repayment schedule.

              The Company argued that Grievant’s numerous red light violations
              warranted termination from her position. Grievant argued that
              there was never any warning as to the punishment for repeat red
              light camera violations, and that the Company failed to utilize
              progressive discipline.

              HOLDING: On April 20, 2009, arbitrator Richard Adelman ordered
              Grievant reinstated without back pay. Adelman noted that the
              company in no way utilized progressive discipline in punishing
              Grievant, exacerbated by their failure to warn Grievant that
              continued red light violations could result in termination. That                 Sign-Up Today for the
              the Company never warned Grievant signaled that they viewed the
              red light infractions as ‘minor” and not violations worthy of
                                                                                              ATU’s New E-Newsletter:
                                                                                         THE ATU DISPATCH!
              discharge. However, Adelman agreed that the repeated violations
              committed by Grievant constituted a pattern of unsafe driving,
              and provided notice to Grievant that the Company would be
              entitled to terminate Grievant if the behavior continued—essentially
              providing a “last chance.”
                                                                                              www.atu.org is your news resource
                                                                                               for top transit and labor stories

              www.atu.org                                                                                                        JULY / AUGUST 2009                       21



JA-IT09.indd 21                                                                                                                                                          7/20/09 7:48 AM
           In Memoriam
           Death Benefits Awarded May 1, 2009 - June 30, 2009

        1- MEMBERS AT LARGE     256- SACRAMENTO, CA       588- REGINA, SK          JOHN SMITH                1277- LOS ANGELES, CA
        JAMES LEWIS BROWN       DAVID NUGENT              TROY ROGAL               CARRIE V TATE             STEVE CHO
        NEWTON DUGGAN FIVEASH   FRANKLIN D WILLIAMS                                CHARLES WEBB              LOUIS A GIANUIZZI
        STEPHEN JANIGA JR                                 589- BOSTON, MA                                    HAK K LEE
        JOHN E MC DADE          265- SAN JOSE, CA         CHRISTOPHER A BELL       819- NEWARK, NJ           ARMANDO LEON
        ARVIL C NEIGHBORS JR    ROBERT J WILLIAMS         JAMES P BOSSI            ROY SCOTT JR              CHARLEY TRIPLETT
        DOROTHY L SMITH                                   ARTHUR G DE LUCA                                   LARRY D WOODS
        JACK L WATTS            268- CLEVELAND, OH        PETER A GIROUX           820- UNION CITY, NJ
        EDWARD T WHEATLEY       JOHN C BURKE              MARK LIEBERMAN           HIPOLITO DAVIEA           1287- KANSAS CITY, MO
                                BRUCE FOSTER              CHARLES D MAC INNIS                                DONALD W BRAND
        26- DETROIT, MI         NEIL J ROBINSON           ROY L SAUNDERS           822- PATERSON, NJ
        CLINTON GASTON          ROBERT H WILLIAMS         RICHARD B SCADDING       FRED BARONE               1300- BALTIMORE, MD
        ELISHA KELLY JR                                                            JOSEPH G FRITZ            CORNELIUS BLACKLEDGE
                                272- YOUNGSTOWN, OH       618- PROVIDENCE, RI      KENNETH A SLATTERY        CARL M BYCZKOWSKI
        85- PITTSBURGH, PA      DORIS L KIMBERLY          CARLETON ELMER DAME
                                                                                   842- WILMINGTON, DE
        EUGENE G BUCHHOLZ                                 AUGUSTO REIS                                       1309- SAN DIEGO, CA
                                                                                   JAMES F MARVEL
        MARK D FONZI            279- OTTAWA, ON                                                              ALBERT A HASKELL
                                                                                   HENRY F SMITH
        SONJA L FUGET           CHARLES E CLEROUX         627- CINCINNATI, OH
        ROBERT MOOSE                                      JEROME P OSWALD          880- CAMDEN, NJ           1321- ALBANY & TROY, NY
        GERALD M MURPHY         281- NEW HAVEN, CT                                 HARRY B BARTON            CHARLES R DRESCHER
        PETER POSKON            JOSEPH F LOONEY           689- WASHINGTON, DC      JOSEPH SPILLANE
        BERNARD M SACUNAS                                 GOLIE DUNN                                         1333- ROCKFORD, IL
        EDWARD SCHEBOTH         308- CHICAGO, IL          ROBERT L EDGE            966- THUNDER BAY, ON      ELMER KENT
                                JIMMIE ANDERSON JR        WILLIAM H FISHER         LYALL EDWARD ROBINSON
        107- HAMILTON, ON       ALFREDO ARNIERI           SAM F LOPER                                        1342- BUFFALO, NY
        ALEXANDER CZETO         TOMMY C BALLARD           CHINHAL V NGUYEN         993- OKLAHOMA CITY, OK    GERTRUDE CRAMER
        ROBERT T FURLONG        ROSEMARY D DONALDSON-     CHESTER A PAINTER        BARBARA Y SMITH           WILLIAM DRIER
        FRANK E PEARCE          FOWLER                    WILLIAM N POWELL                                   JOSEPH M SERAFIN
        DOUGLAS A RICE          MORA M HAASE              FRANK E ROAT             998- MILWAUKEE, WI
                                DAVID MAGGETTE            ROBERT W SCOTT           SHERMAN W BISHOP          1374- CALGARY, AB
        113- TORONTO, ON        JOHN P SHEA                                        ROBERT L BLY              ROBERT L GREEN
        JOHN BRADSHAW                                     713- MEMPHIS, TN         LEONARD H GENGER          LAWRENCE L SCOTT
        CHARLES WILLIAM BRYER   382- SALT LAKE CITY, UT   LLOYD ARCHER KIRBY
        GORDON A CALHOUN        RICHARD A STEWART         CASEY STARKS             1001- DENVER, CO          1385- DAYTON, OH
        EDWIN DESPOT                                      DAN E STEWART            HUGO A CALVO              LONZA P PARSONS
        EUGENIO GIANCOLA        416- PEORIA, IL                                    ANDREW NEUMAN JR
        JAMES W HIGGINS         RALPH HELTON              725- BIRMINGHAM, AL                                1436- HARRISBURG, PA
        ALBERT E KOWAL                                    VERBON C GREEN           1037- NEW BEDFORD, MA     GEORGE E DAVIS
        THOMAS MASON            448- SPRINGFIELD, MA                               ANDREW CORREA             RONALD W FLYNN
        GEORGE V MERCER         THOMAS F KILBRIDE         726- STATEN ISLAND, NY
        KENNETH B PALMATIER     GEORGE R PERCY            STEWART WILSON           1164- KNOXVILLE, TN       1462- ST. JOHN’S, NF
        JACK A SMALE                                                               JAMES J FINE              CHARLIE WESTLE ANSTEY
        IVAN ALBERT SMITH       508- HALIFAX, NS          732- ATLANTA, GA
                                                                                   1177- NORFOLK, VA
        BRIAN J SPENCER         DANN CHARLES LITTLE       LEONARD SNELLINGS JR                               1505- WINNIPEG, MB
                                                                                   FREDERICK L LAMB
        BRUCE M WALKER          CYRIL K THOMAS            HAROLD T VICKERY                                   GASTON E CORNEILLIE
                                                                                   JUAN C OVALLE
                                                                                                             LUDWIK S KOZLOWSKI
        134- VANCOUVER, BC      540- TRENTON, NJ          757- PORTLAND, OR        1181- NEW YORK, NY        ALBERT W NEULS
        REGINALD HODSON         MACK CRIBB JR             FRANK A HAMEL            BLOODY BERNASTRAL
                                TONY PROKOLYSHEN          THOMAS N HENNEY          DANIEL BISHON             1575- SAN RAFAEL, CA
        192- OAKLAND, CA                                  ROBERT L MEADOWS         MARY COSENTINO            LEON B TOLES
        MANUEL P GARCEZ         569- EDMONTON, AB                                  WALTER MILLER
        HOWARD J GROSS          DONALD CZAJKOWSKI         758- TACOMA, WA          JUDAH NESS                1700- CHICAGO, IL
        JACK W SHERMAN          WILLIAM L MACK            LOUIS A LE MOINE         NOREEN O’GRADY            FELIX O HODGSON
                                                                                   ARLENE B RAMONDO          HENRY G MOORE
        241- CHICAGO, IL        580- SYRACUSE, NY         765- MONTGOMERY, AL      JORGE J SANTANA
        ROBERT BOLDON           WALTER J BURT             BILLY TAYLOR             DORTHY R SULLIVAN         1704- SAN BERNARDINO, CA
        TONY CARIDINE                                                                                        ROGER G PUIGGROS
        ROBERT T COURSEY        583- CALGARY, AB          788- ST. LOUIS, MO       1225- SAN FRANCISCO, CA
        MARIO B FLORES          LEN BALICKI               THOMAS E AYRES           MELVIN R SCOTT            1742- CHARLESTON, WV
        ADDIE M FORD            PETER DE CROM             JAMES E BOWDEN           EVERETT NOBLE SWAYZE      MAX S TAYLOR
        SPURAG L FOSTER JR      JEFFREY A FERGUSON        JOHN COLLINS
        RICHARD V GOODEN        KEVIN G LAWSON            CHARLES P CURRAN         1229- ST JOHN, NB         1765- OLYMPIA, WA
        JANICE MAYS                                       ALI FARHAT               GARY B VINCENT            LARRY D VAN HORN
        CARL NELSON             587- SEATTLE, WA          GEORGIA JOHNSON
        ALBERT C OCHWAT         ROBERT C BAKER            FRANCIS S MATEJKA        1235- NASHVILLE, TN
        TOMMIE PHILLIPS         CAROLYN S CLARK           JAMES L PERRY            NORA GARDNER
        EDDIE SNEED             RAY L DARLING             WILLIAM RHONE JR         TYLER A SMITH
        ALEXANDER WEST


        22
        22         IN TRANSIT
                  IN TRANSIT                                                                                                 www.atu.org
                                                                                                                             www.atu.org



JA-IT09.indd 22                                                                                                                         7/20/09 7:48 AM
                    The Amalgamated Transit Union will hold the 24th Annual
                  Golf Tournament for the benefit of the ATU’s U.S. and Canadian
                  Multiple Sclerosis Research Funds from Sunday, September 20 –
                   Monday, September 21, at the Worthington Manor Golf Club
                   in Urbana, MD. Sunday will be reserved for a practice round,
                         and the actual tournament will be held on Monday.




JA-IT09.indd 23                                                              7/20/09 7:49 AM
                           Amalgamated Transit Union                                                                                          NON-PROFIT ORG.
                           AFL-CIO/CLC                                                                                                          U.S. POSTAGE
                           5025 Wisconsin Ave., NW                                                                                                  PAID
                           Washington, D.C. 20016                                                                                             WASHINGTON, D.C.
                           www.atu.org                                                                                                         PERMIT NO. 2656

                           PRINTED IN U.S.A.




            PROUD TO BE ATU
                      Moving the U.S. and Canada Safely

                       RICKY ROMERO - ATU LOCAL 1001, DENVER, CO
        A    lthough he’s only been an ATU member for three years, ATU Local 1001
             member Ricky Romero says he feels like he was born a member of
        this Union.
                                                                                        One of his proudest accomplishments was working on a successful
                                                                                     organizing drive. “It was great to see the look on the drivers’ faces when
                                                                                     they realized they had won and they were going to become members of
                                                                                     Local 1001,” he said of the experience. “When we started that campaign,
            Brother Romero, a bus operator for the Regional Transportation           management said it would never happen.”
        District in Denver, CO, became active in the union as soon as he became
        a member. “Coming from a non-union shop, I realized immediately                  Brother Romero says it’s important for union members to be active
        all of the benefits the union has to offer,” he says.                        in their union - and especially to be politically active. “We have to show
                                                                                     that we care. In order to gain strength as a union, we must be active with
           “Ricky was hired on while I was a local union officer and during          all of our heart and soul,” he says.
        his union orientation he immediately stepped up and asked how he
        could be part of his union,” said International Representative Yvette           “I can’t say enough about what
        Salazar. “He is always available to assist when called upon for any          a great member he is,” said
        activity Local 1001 is involved in.”                                         Sister Salazar.

           His union activities include both internal and external union
        organizing campaigns and political campaigns. He has staffed
        phone banks, participated in labor-to-labor canvasses and conducted
        worksite leaflets. “I’m willing to do whatever it takes to help spread the
        word of the benefits and great opportunities that the union provides,”
        says Brother Romero.




JA-IT09.indd 24                                                                                                                                            7/20/09 7:49 AM

				
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