The Balance

Posted  at 6:15 a.m.  The day after the July charter meeting.

I am honored at this time to pay my respects to those at a particular property who give of themselves and shoot for the best (with the crosshairs right on the target) by going above and beyond the call of duty.  

I can only hope that I am not embarrassing them, for they don’t work for the pat on the back, or an extra dollar paid by the Union.  And I would be remiss if I failed to recognize those who give so much of their time to our cause. They do it absolutely free.  Don’t get me wrong, it’s a TLUW charged to the hall if there is serious time involved, but in the end, all they reap for being on the front lines is a due’s reimbursement check; and of all our properties that run fixed route service, there is not a better bargain for the buck than the Felix and Oscar team of Dwayne Handy and James Washington.

If there’s a bell curve in our world, then Dwayne and Jimmy are at the opposite ends of it.  The road to justice is narrow in this line of work, and few can gain a knack for it; however, these guys are naturals.  Each are very respected by those who take the initiative to know them and how passionate they are about serving their Members and seeking assistance when they need it.

Together, they have inspired me and I’m sure that Bob, Rick and Dana would agree that this inspiration has touched them as well.  Dwayne and James monitor the actions of every member of management and effectively micro-manage the ones who are paid to slip whatever injustice (however slight) right between the lines of their CBA.  Together, they could catch a BB in the dark.  They keep a step ahead of the management at Tempe and do it using the drastic differences of the talents that were bestowed upon them. 

Both grew up in a world that doesn’t suffer the weak, and where it’s solely your instincts that determine your fate.  Both tell it like it is, and the message is the same, and as far as management’s concerned, just depends on how they want to hear it, quiet and seductively reasonable, or loudly with an attitude mixed into true zeal.

      In the Union Biz, there are basically two kinds of Union Representative.  There are the ones that are fearless and militant; and I’m not speaking about the ones who “talk” about being militant.  I’m talking about those who, with valor and complete disregard to their own livelihoods, actually stand up and demand to be heard.  Then there are those who possess a quality that very few can master, and that is the ability to use pure diplomacy to get it done, whatever it is.

For those who need the latter, James can calmly and with a kind face, either inform a Member on a particular practice, or with an entirely different countenance, tell a manager that if he chooses to change a particular practice he’d better have his ducks in a row cuz’ he’ll be back.  When James goes to work, he calmly pulls out his contract.  And by the way, have you seen his contract?  It’s proof that paper and ink can withstand a great deal of wear.  Mr. Washington still has the first copy of the agreement that was issued to him when he first signed on with this outfit.  Every single highlite, scribble, fold, tear and wrinkle represents the plan he has for his property’s future.

The former is a little more complicated.

There are times when the need arises to… “attract” the attention of Veolia’s management team (who happen to be, shall we say, in the building). 

For this, we bring in the Defense. 

Here’s something that you may not know, Dwayne, in his off time, has a hobby.  He plays tackle football, and for those who may not be familiar with the sport, it takes sheer physical discipline mixed with an explosive competitiveness to be successful at it.  Dwayne is older than I am and he’s throwing his ass in front of other pissed off football players to protect his teammates using his body.  Imagine what he does on the property with these types of ethics. 

Dwayne Handy is wise enough to know two things:

Number one, is that once a man has committed himself to his position in a debate by escalating the volume of his voice; that man had better know that he is squared away in his interpretation of the facts. 

Number two, know that when you are in someone’s face, “confidence” usually prevails. If Dwayne gets nervous, then this is news to me. 

Collectively, both James and Dwayne say and DO what their hearts tell them to.  They have the insight and perception to know that listening to your heart is as important as listening with the ear when it comes to protecting their Members. 

 Nothing gets by these guys.  If Veolia Corporate had a pie chart to depict the property that has given them the biggest fits, it must be Tempe, and you can thank these gentlemen right here.  In the time that they have been in loyal service to YOU, there have been skirmishes that could have been outright wars were it not for the track record of credible knowledge that these men have in their possession. 

For those Members who only have an allegiance to a “particular” representative at this property I can only say this:  You can not deny what they have accomplished.  We have an amazing success rate at this property and though their tactics may be as far apart as can be, the success can be directly attributed to two men who refuse to bend with the wind and it doesn’t matter how they come at us, we have the best of both worlds in Tempe.  So take your pick, we’ll find a remedy, one way or another.

SECURITY ISSUES

(AGAIN)

For those of you who are new in town or perhaps have been living under a rock for the last three odd years; this part of the column is for you.  Some of you may have not shared the experience of being publicly humiliated by some psychopathic malcontent who hates life so much that he can literally sucker-punch an unsuspecting member of municipal service such as yourself without any remorse whatsoever.  However, according to the Company, this is “part of the job”.

Walk away Renee

Remember Renee Self-Wilson?  In 2006 she was fired for multiple infractions that she committed as a result her actions following the assault by a passenger who refused to abide by the “beverage container” policy. Renee (politely) asked a mother of a 3 year old to secure a 44oz thirst-buster that the child was sloshing.  The mother not only ignored the request, but felt it justifiable to drench Renee once she reached her stop on 16th St.    Renee’s reaction was the popular one, and that is to fight back, or at the very least, restrain the passenger so that Five-O would apprehend her. The Company disagreed with her logic, and her reaction, and Renee was terminated.  The Union got her job back, (less 6 weeks off unpaid) only because the CEO of Veolia listened to us and took the time to intervene on our behalf.  Sadly, we could not give her the assurance that she would never be hung out to dry again by her employer.  Her faith that the Company would back her was splintered and she made that clear when she left for safer pastures. 

I don’t blame her.  It’s a hell of a thing to be on the receiving end of the public’s aggression.  I know how she feels because it’s happened to me.

Access Denied

   In the past 6 months, we at the hall have been privy to acts of violence that boggle the mind.  The sheer audacity of the riding public is astounding. 

It’s getting worse too.  A few weeks back, I put in a request for the DVRs (videos) of these accounts in hopes of finding some common denominator that may lead us to an answer; a “trigger” perhaps, that might explain what it is that prompts John Q. Passenger to feel brazen enough to assault a subcontractor of the city.  I got back 4 discs, one of which works properly. The rest are blank.  

   In light of the fact that we are being blown off by the safety manager at Veolia (PHX), we have requested a meeting with his superior this week.  Failing resolution, we will happily file a ULP to get this information.  It’s understandable that these incidents, and the evidence related to them are extremely sensitive, but at the same time, the Public Transit Department of the City has done little to ensure our safety.  We need to find a remedy for this, and we need it Now.   

Can I take your order?

  Since the dawn of the millennium year, the City has tried their best at selling the idea that there is a genuine concern for the public transit portion of their infrastructure.  After all, they taxed us pretty good when the bill for extra service passed, and then they tried to make us look as far away from an authority figure as possible by trashing the “Sheriff Joe” (brown) uniforms.  Now I’m not going to sit here and put into print that the brown uniforms commanded respect from the public, but how much auThority cAn a City bus Operator emit when he or she is Behind thE wheeL whiLe donning the “trendy” but passive blue and teal? 

They were kidding… right?  Wrong. 

They should have seen it coming.

Set phazers to fail

The Company would like you to believe that this is a job that is centered on customer service; that the written policies in the company handbook were well thought out and put in to print for your protection.  What they didn’t tell you, is if you dare to enforce these policies, you run the grave risk of entering in to a confrontation with God knows what.  The inevitable confrontation will result in one of two outcomes:

1.)           A simple customer contact (if you’re lucky).

OR

2.)           An argument followed by an ass-whipping. 

And by the way, no matter what the passenger does to incite the confrontation, don’t even think about leaving your seat, because if you do, the chances of you receiving discipline rise astronomically.  Tell me something, if we as public citizens were to shout a curse word towards a policeman, would it not result in free bracelets? 

  Know this: the act of unbuckling the seatbelt and getting out of your seat to protect yourself is perceived by the powers that be as “undue aggression” and an act of “pursuing in order to continue a confrontation”.  The chances of the passenger taking responsibility for putting the lives of you and the other passengers on the line are infinitesimal. 

Do your duty

“We will at some time in our career receive discipline or worse, personal harm as a result of our actions when confronted by an angry, deranged, or violent passenger.”  

Ever heard of the work action that’s commonly referred to in our industry as “By the Book”?  It’s self explanatory, and in short means simply this:  Do the job as it is outlined in the Operator’s Manual and do not improvise for the sake of making service.

  Two days out of training, I learned that going by the book makes for a lousy “on time performance” rating.  I was forced on the route 3 and I had this crazy idea that it would be prudent to check IDs whenever a disabled card was swiped.  This resulted in being my own personal “day of infamy”.  I was late on every trip.  My radio was engaged more on that day than the rest of the days over the following year.  I was harassed, cursed at and threatened.  When I got home, I decided that I would never have another day like that again.  However, if it means that some attention may be afforded to our plight, I wouldn’t hesitate to do it again, and I would do it in a heartbeat.   

Most of the time, when an Operator receives discipline as a result of a customer contact, it’s because the Operator applied a rule in the Operator’s Manual.  For some odd reason, the application (or even explanation) of a policy directly precedes these incidents

   On Christmas Eve 1997, a co-worker and I were doing the 52 and like clockwork we passed each other on 16^th street and Roeser.  At about 7pm, two youths aged 16 boarded her bus and offered a single transfer to cover both fares.  When she addressed it, she was blind-sided from behind as she turned her head and the bones in her face were literally shattered by a single punch delivered right between the eyes.  When the road supervisor arrived, the bus was resting at the corner of 19^th & Roeser.  The lights were out, and the Operator lay slumped over the wheel, unconscious.  The supervisor told me (off the record) that with all the blood in the driver’s compartment, it looked as though someone “slaughtered a pig”.  The fact that the two punks were young enough to be in high school (and probably resided in the area), wasn’t enough to spur police to scour the yearbooks at South Mountain High School to see whether or not the two could have been identified by our Operator.

They got away with it, scot-free.

Respect?

Denied!

Unfortunately, Bus Operators will never be shown the respect and adoration like that of the other entities that the city holds dear (i.e. police and fire). 

This is sad because the job is every bit as dangerous as the formers.  If this atrocity were to happen to the other city entities I mentioned, there would be hell to pay. 

   We have at our disposal, many violent incidents that have transpired in the last year alone.  Out of respect for those Operators who are still employed by subcontractors of Valley Metro, I will omit their brushes with death.  That is until they give me permission to make them public for the greater good.  Nevertheless, when we are done, we will request every violent account by a passenger to an Operator and they will be submitted to the Company and the City at our next negotiation sessions.

shirk  (verb)

to avoid having to carry out something such as an obligation, task, or responsibility through lack of initiative, cowardice, or distaste for it

The powers that be (the City) want no part of the responsibilities of being directly associated with the transit Bus Operators.  Why?  Because included in the package is the liability that goes along with the employer-employee relationship. Can you envision what the Human Resources Department of the City of Phoenix would be like if they had to address each account of violence that is experienced by the Operators?  The City wants nothing to do with it.  So, instead of stepping up by making comprehensive changes that would ensure our safety, they hire a middle-man to do it for them.  And how is this middle-man chosen?  More often then not, it’s whoever bids lowest and even though that company will also have to show that they can actually do the work, you can rest assured that it will be done as financially efficient (cheaply) as possible.  Well, you get what you pay for.  In the case of the Phoenix operation, the middle-man is none other than Veolia. (Insert scapegoat here). 

Granted, the City cannot deny its (2^nd cousin twice removed) relationship to the Operators, BUT it’s only because the Company is contracted by the City, so in essence, it’s the Company who sheds primary responsibility.  In the event we do something that is “out of line” like defending ourselves, it is the Company who takes the heat from the city.  As far as the “incidents” are concerned, Company and City officials attempt to sweep them under the rug as if they never happened. 

Going green

 (and black and blue)

The City wants to “encourage” public transportation and silence any thought of public negativity that may end up shedding a bad light upon their means of showcasing this town.  Trust me; they won’t be making these “incidents” public knowledge, because if it were to happen, the number of prospective career Operators would spiral downward.  As the years go by, operating a bus is becoming more and more of a dangerous job, and who wants to be in the same (enclosed and strapped-in) environment as that person?

  The system that was originally designed to offer the poor and the handicapped a means to reach their destination has morphed into a “trendy” advertising campaign for everything they think they can sell John Q. Public (notice the advertisements plastered in and on the outside of the buses).  The problem is that while they’re getting fat, we’re getting flattened. 

Split Update:

This is Rumor Control.  Here are the Facts.

After much poking and prodding, the City has finally agreed to meet with Bob and me.  We received confirmation on Friday June 6^th that Tom Callow of the Transportation and Infrastructure Committee will meet with us as early as a week to answer a few questions regarding “The Split” of the North and South facilities (for those of you who haven't heard, scroll down).  This issue has been a hot topic since the rumors made the transformation into fact.  I guess I shouldn’t have been surprised by the lack of communication by the Director of Public Transit when the idea of The Split came into fruition.  The City has a history of being “coy” about a lot of things, unless of course it means a potential work stoppage of the Phoenix Bargaining Unit (They’re all ears when this happens).   

The Split

Brothers and Sisters of Veolia (Phx),

I’m sure by now you have heard the talk that’s going around regarding the separation of the North and South garages.  Allow me to speculate on the reasons why this is happening, and by the way, there’s only one “entity” who will benefit from this transition not “if” but when this happens. 

   Recently, we received official confirmation of a plan that is “disturbing” to say the least.  There were always rumors swirling about what was going to happen with the North Facility, but until we saw it on paper, we didn’t really “know” anything.  It was paramount that if and when the information could be confirmed, above all else, it would be accurate.  The City plans to have a provider other than Veolia in charge of service requirements that the North Garage is responsible for. 

  When the labor agreements of the three unions at Phoenix expire, it is conceivable that it will be on the very day that Veolia’s contract with the City expires on 06-30-10.  Currently, the City of Phoenix is in an option year with Veolia and no plans to write a multi year agreement are in the works.  This is no coincidence; they’ve been planning this division of the Veolia Phoenix bargaining unit for a while now. 

                           Once bitten…

After our strike in 2000, someone near the top of the City of Phoenix food chain said “Never again.” and the motives for the dismantling of our Union were born. 

  It would be the last time that they would allow a branch of city government (Public Transit) to be held liable for stopping the “BEST RUN CITY IN THE WORLD” right in their tracks. 

   I can only imagine what 1 week solid of no buses would have done to the incoming workload that the city endures.  The complaints and concerns either phoned or sent in by those ranging from the homeless to House Representatives must have been daunting.  Both the poor and the very rich are deeply affected by the loss of public transportation.  The ironic thing was that a huge amount of the workforce that utilized transit as a way to commute consisted of “low paid” city and state employees.  So basically, after a week of this, not much got done.  Before they knew it, they had no tellers, no administrative assistants no clerics, or cafeteria workers to do the work because they didn’t have a means to get there.  And that means that some manager had to pick up the slack of the ones who couldn’t get to work.  Thousands of complaints and requests and work orders concerning every frontline facet of city government poured in every day.  It hurt them badly.  So much so, that The Arizona Republic devoted the editorials to slamming the Union and its Membership.  They too, had a lot of employees who took the bus to work.  What can you say except “Don’t piss off the newspaper.”?  Whoever was running the show at that time (Rimza) earned his paycheck that week… His successors promised that it wouldn’t happen again, so they devised a plan, and their ultimate goal is simply this: Dismantle the Union.

Debbie in charge

How does dismantling the Union benefit the City?  It’s the money that’s poured into transit that’s concerning them.  They see one obstacle in their plan to save hundreds of thousands of dollars every year and that would be us; you and me brother.  It’s the Union that’s keeping them from saving money and putting it in the pockets of those of whom they deem more deserving of it.  In case you haven’t heard, five hundred city jobs are on the block, but as of this writing, Executive Board Officer Mike Hennessey informs me of an article on the back page that says the police and fire fighters are getting a sizeable raise. They have been glorified since 911 and the City of Phoenix (always on the cutting edge) gives them a raise for putting their lives on the line a mere 7 years later.

The five hundred jobs that are being cut range from parks and recreation, all the way to administration.  Nobody is safe, except for us that is.  For as of this moment, we have legal and binding contract language and a law that keeps them from separating us and whittling us down until we have the same rights as every other “at will employee” in the country.  Employees in our trade don’t usually make much unless there’s a Union to negotiate a decent contract.  Otherwise, you are just a drone who is treated with bias and everything depends on how long your nose is.  The City could save millions over the course of a couple of years without a Union presence.  If anyone tells you different, then they’re either working for the other side, or they can’t see the forest for the trees.  This is not about safety or management expertise because frankly, they haven’t proven to me that they give a shit about our passengers.  It’s about one thing and one thing only.  Money. 

   The City is in a financial dilemma; they are so very concerned about the “appearance” of innovation, that they forgot that they had to pony up the dough to make it happen.  The city’s Director of Public Transit wanted to make an “impact” on the way people can commute, and she made an impact alright. 

    All of the money spent on fareboxes and smartcards was an enormous misuse of funds from my point of view.  Does any one out there remember that driver who wrote the Arizona Republic about the fare collection and specifically the issues of “transfers”?  He had a great idea.  “Fifty cents a ride, period.”  No computers, no transfers, no B.S.  You put two quarters in the farebox for each time you get on.  That’s it! 

    And the technology for this revolutionary idea would be a slot in the top of a square box.  The problem with this idea was that it wouldn’t cost millions of dollars.

    So they bought the most complex, hardest to use, passenger unfriendly piece of junk they could find, and made someone very rich.  “Overkill” is a good word to describe the most retarded piece of machinery on the bus.  Lots of lights and cool noises along with the best way to get an Operator in a hostile confrontation is what they paid 16 million dollars for.

But wait, there’s more!  How bout’ the good old VMS system “that was meant to exonerate Operators” in cases of negative interactions with the public.  Tell me something, how many of you out there have actually been called in and “commended” by a manager about what you did right according to the video footage?

The Cotton Express

The ultimate goal is to save as much as they can so they can use the difference from the savings in another area.  They will do whatever’s in their power to trim costs, and both you and I, and every other Bus Operator will feel it in some way.  If they could get away with paying a menial wage to transport our “Million Dollar Cargo” they would do it, in a heartbeat.  The North Facility will be the first garage affected.  The North Garage and its work will be awarded to a transit provider other than Veolia.  By doing this, one can only assume that the City’s plan is to splinter the Union into a group of smaller bargaining units because it’s easier to battle a bunch of little armies individually, rather than the great big one.  Smaller bargaining units mean smaller work actions, or strikes.  Each of the smaller bargaining units will have a contract ending on a different date.  It would be much easier to snuff the work action of a small bargaining unit because they could still run a Sunday service schedule with the remaining bargaining units.  If the City awarded the work of the three facilities to a single company like Veolia, it would mean unity amongst the brethren of our great Membership at contract time, and they can’t have that. 

Starting to make sense now? 

Divide and Conquer.

That’s three different transit companies, three different sets of policies, three different sets of rules and most important: Three “different” Contracts with three different dates of expiration.  I got the distinct impression from one of our upper management people that this has been the plan all along.  Driving a stake through the heart of the Granddaddy of bargaining units (Veolia Phx) was a brilliant idea from a bean counter’s perspective.  The City has shown how much we (as Operators) count in the grand scheme of things, and the power we currently have will disappear as soon as “she” gets her way.  After 2010, there will no longer be a threat of a citywide work stoppage.  Add to this the nature of the “at will” employee who believes he can be fired if he doesn’t show up for work regardless of a strike, and you got “service”.  Like it or not, whoever is not union will cross the picket lines and they’ll do it with the help of Sheriff Joke’s posse.  How do I know this?

Because there was a rumor of a work stoppage at the RCC a couple of weeks ago and his men showed up at the airport “just to keep everyone safe”. 

Bullshit. 

It was to intimidate anyone who was even entertaining the “thought” of attempting to defy the city managed airport in hopes of getting a wage higher than $10.71 per hour (that’s less than half of the top wage Operator at Veolia Phoenix).   

Disgruntled?

For those of you who are “disgruntled” about what the Union has been able to achieve over the last 60 years, you should count your blessings, it could be much worse.

   The Union hall occasionally receives calls from Bus Operators around the country asking about jobs in the Phoenix area. And if you look at what we have compared to the rest of the transit employees around the nation, it’s easy to see why they want to come here.  I’m not going to sit here and proclaim that Phoenix has the best wages and benefits or working conditions of all the other properties nationwide, but I will say that we’ve got it better than most.  Thirteen paid holidays, a set of all inclusive Doctor’s notes that have a 364 day limit each, and wages that top $21 dollars per hour.  I agree that we deserve more, but if we are weak in numbers, or worse, solidarity, we’re screwed.  This is why the recent attempt to replace us with another union was such a hot topic at the last meeting.  This is very sad because of how far we’ve come.  At present, the top wage at the RCC is $11.78 per hour. This is far below every one else in the valley and approximately $6 per hour below the average top wage for the other 6 properties we represent. The Operator with the highest seniority on the property has 30 years of service that was recognized by the Company from his previous employer but only makes 1 dollar more than a brand new Operator from the same garage. There are others whose seniority dates back to their respective former employers.  I am perplexed at how these folks are even able to pay their bills (rent, car payment, etc.); I suppose that the Operators could live like kings if it weren’t for the ever present nuisances of food and electricity.  

13 sea wreck

   If decertification would prevail, not only our contract, but the best part of our 13© would be gone (poof!), and the ATU would no longer have “first right of refusal” to organize the Light Rail.  In short, there would be no Union to represent the LRT Operators.  The client’s provider (Alternative Concepts Inc.) would undoubtedly hire from the outside, and would strive to improve the profit margin.  This will be simple to do because it will mean the pesky 3rd party (our Union) that’s always “robbing” them for a livable rate of pay would be out of the picture.   They would have a low overhead because Union benefits /wages wouldn’t be a factor anymore; but then again, they wouldn’t be at Veolia Phoenix anymore either.  Decertification would mean the end of our contract with Veolia, and the thought of no contract at Veolia Phx is terrifying.  It would also mean that everyone on the street would be eligible for hire at ACI; not just the senior Bus Operators who are employed at Phoenix.  Do you think they would abide by the language in a document that was now “null and void”?  If you said “No” then we’re on the same page.

The Cotton Crystal Ball

Back to “The Split”.  So what will happen then?  Well, this writer sees the Director of Public Transit potentially bidding out the North Garage work to yet another provider i.e. MV, First Group etc.  Try to imagine a Company other than Veolia being awarded the work.  If such a thing happens, there will be bedlam.  For the City to award the work to another contractor, they will have to abide by the 13 © agreement or risk a major lawsuit filed by the Union.  To avoid this, the City will offer Operators who are bidding the North Facility’s work two choices: stick with Veolia and move South OR hire on with the new provider who bid the lowest for the North Facility’s work.  If all of us bid South Garage work, then there will be too many Operators, while at the North Garage there will be a new Company trying to beef up staff to make service.  The now “over staffed” South Garage will undoubtedly have to lay off approximately 300 or so Operators, but those Operators won’t have trouble finding work, it just won’t be for Veolia Phoenix.  In other words, the Company we know as Veolia will be shattered and nothing will ever be the same again.

Homage

Did anyone stop to think about the ramifications of driving a wedge through the heart of everything we love about our benefits and wages?   When we are split in 2010, we will long for a time when we had enough unity to get what we needed AND wanted.  If a petition “to replace” (or whatever it said) were to come to life, it would mean the death of an organization that prides itself on protecting its Members, and bettering their livelihoods.  This would be like sending all of us back in time 60 years when the “union” was comprised of a few pissed off men who were huddled in a hapless mass trying to get chartered, organized and recognized as a union just on the basis of safety and injustice.  These were brothers united.

They had to be.  They were young and inexperienced in a world filled with legal issues and THAT is dangerous.  So they stuck together for decades depending on one another and they persevered through many summers without air conditioning, safe equipment, and with the responsibility of handling money with the general public.  These Operators made considerably less in relation to the inflation rates of their time.  The sacrifices made by those who came before us cannot be overstated.  They went without, so that we could have.  What would they think about our bickering?  If we could summon them, they would surely clunk our heads together.  And what do you suppose the City learns about us as a Union when they see this? 

They see division.  They suspect that it’s every man for himself at Local 1433, and that the house appears to be built on a foundation of sand instead of rock.