Labor News

Argentina Buenos Aires Subway Worker Joaquin Garcia Castellanos On Transit Worker Issues

Current News - Fri, 04/11/2014 - 23:38

Argentina Buenos Aires Subway Worker Joaquin Garcia Castellanos On Transit Worker Issues
https://www.youtube.com/watch?v=VoGET-Aw0A0&feature=
Buenos Aries Subway worker and unionist Joaquin Garcia Castellanos
talks about the the fight for the 6 hour day and the struggles of
Argentinian transit workers. He is the secretary for international
relations of the Asociación gremial de trabajadores del Subterráneo y
Premetro (AGTSyP). The interview was done on April 6 2014 in Chicago
during the Labor Notes Convention.
They can be contacted at www.metrodelegados.com.ar
Production of the Labor Video Project www.laborvideo.org

Tags: Asociación gremial de trabajadores del Subterráneo y Premetro (AGTSyP)
Categories: Labor News

BART hires union busting consultant to potentially avert strikes "interest based bargaining"

Current News - Fri, 04/11/2014 - 19:42

BART hires union busting consultant to potentially avert strikes "interest based bargaining"
http://www.timesunion.com/news/article/BART-hires-consultant-to-potentia...
Published 1:46 pm, Friday, April 11, 2014

OAKLAND, Calif. (AP) — The Bay Area Rapid Transit agency has hired a labor consultant to help figure out how to prevent problems that led to two strikes and a contentious contract dispute.
The BART board of directors voted on Thursday to hire Rhonda Hilyer of the Seattle-based Agreement Dynamics Inc. to re-examine how the agency negotiates contracts and the checks and balances used to prevent errors.
Hilyer will work with a BART board ad hoc committee that will recommend strategies to improve labor negotiations. The consultant will be paid $225,000.
BART's two largest unions staged two-four day strikes last year. The parties reached a tentative agreement in October before BART objected to a provision about an expensive family medical leave benefit they say had been mistakenly put into the deal.
A final deal was reached in December and ratified in January.

Categories: Labor News

Swaziland: Increased attacks against workers in Swaziland

Labourstart.org News - Fri, 04/11/2014 - 17:00
LabourStart headline - Source: ITUC
Categories: Labor News

Big Brown Waves White Flag

Current News - Fri, 04/11/2014 - 14:12

Big Brown Waves White Flag
http://labornotes.org/2014/04/big-brown-waves-white-flag-0

April 10, 2014 / Jane Slaughter
611 34

When the fired UPS drivers retraced their routes, they found customers ready to pose in supportive photos and talk onvideo about what their driver meant to them. UPS "underestimated once again how popular our drivers are with their customers," said Teamsters Local 804 President Tim Sylvester. Photo: Local 804.

In the wake of a relentless grassroots labor-community solidarity campaign, UPS waved the white flag and agreed to rehire all 250 New York City drivers the company fired last month. The campaign united drivers, elected officials, and even UPS customers.

UPS issued termination notices to 250 drivers in March for a 90-minute work stoppage they had carried out on February 26.

Jairo Reyes, a 24-year driver, had been fired for starting work too early, and was walked off the job. This violated the Teamsters’ contract, which called for a 72-hour waiting period and a hearing before a worker could be walked off.

Drivers gathered in the parking lot to show their displeasure. “Our contract had been violated so many times,” Reyes told Labor Notes. “This was the straw that broke the camel’s back.”

Reyes will also return to work, under the terms of the agreement struck between UPS and Teamsters Local 804 yesterday.

UPS had previously vowed never to back down. The company refused to negotiate with Local 804 and told the press it would boot all 250 drivers as soon as replacements were trained.

At first management seemed to make good on that threat. The first 20 workers were fired on March 31, at the end of their last work day of the month so that they and their families would lose their April health care coverage.

Four days later, UPS fired 16 more drivers as their local president prepared to take the stage to speak at the Labor Notes Conference.

But just five days after that, UPS executives from company headquarters in Atlanta were at the table and striking an agreement with the union to return all 250 drivers to work.

What Made Brown Back Down?

Immediately after the walkout, Local 804 leaders met with the company to try to settle the dispute. Managers shut down the talks after minutes and said they were issuing termination notices to all 250 drivers.

So Local 804 launched a grassroots campaign to mobilize public support. First, the union mobilized its own ranks. Stewards and union activists passed out bulletins and petitions to show Teamster solidarity.

But the outreach quickly spread to the public in the form of an online petition launched by the Working Families Party (WFP), a grassroots political party of affiliated unions and community groups, including Teamsters Joint Council 16 in New York.

Local 804 members rallied on March 21 in front of the UPS hub in Maspeth, Queens, and delivered more than 105,000 petition signatures to the company. New York City Public Advocate Letitia James and city council members joined the rally. So did Assembly member Michael Simanowitz.

No labor radical, Simanowitz is a moderate Democrat who represents an Orthodox Jewish section of Queens. But he is also a UPS customer. His UPS driver, Domenick “Dedom” Dedomenico, was one of the 250 fired Teamsters—one with a special back story.

Dedom was run over while delivering Christmas packages for UPS. He spent 10 days in a coma and another 13 months recovering from a traumatic brain injury.

When Dedom returned to UPS, he was met with a barrage of warning letters and suspensions for “failing to meet his previous demonstrated performance.”

A supervisor assigned to monitor Dedom for a day reported that customers were slowing him down to welcome him back on the job, and breaking into tears.

Management responded by suspending Dedom and telling him to pick up the pace. Brown’s ultimatum? Deliver one more package per hour or lose your job. Then Dedom became one of the 250 who were issued termination notices.

“He spent a week in a coma, and how does this company repay him when he comes back to work? They fire him because he stood up for his brothers,” said Simanowitz. “This is not over. Dedom is not fired. If he is then I’ll personally lay down in front of that driveway.”

Letitia James grabbed the microphone from Simanowitz and told the rallying Teamsters that UPS had a $43 million contract up for renewal with New York State and, “if UPS does not do right by the workers in this city, then the city will not do right by UPS.”

A hot campaign got a lot hotter. Elected officials began scrutinizing UPS’s financial dealings with the city and state, including a sweetheart deal through the Department of Finance’s stipulated-fine program that cuts UPS’s parking tickets by $15 to $20 million a year.

UPS responded by firing 20 drivers, chosen at random.

Local 804 kicked its campaign up a notch. The union reached out to the press, and the firing of the 250 workers and Dedom, the driver who survived a coma only to be canned by UPS, became tabloid fodder.

Local 804 also reached out to other unions while the Working Families Party galvanized support from elected officials.

On April 3, fired drivers and other Local 804 Teamsters held a press conference on the steps of City Hall with other Teamsters, nurses, bus and train operators from Transport Workers Local 100, members of the Communications Workers and Service Employees 32-BJ, Laborers, and others.

Drivers told their story flanked by more than a dozen elected officials, including Letitia James and City Comptroller Scott Stringer.

"I do not understand who at that company put forward a business plan to take away a generation of good will between UPS and the City of New York," Stringer said. “But this is not gonna end this way.”

UPS axed 16 more drivers the following day.

Who Speaks for UPS Customers?

With political pressure and bad PR on the rise, UPS tried to justify the firings as the only responsible business decision.

“We simply cannot allow employee misconduct that jeopardizes our ability to reliably serve our customers,” UPS told the press.

One executive told the Daily News that UPS was firing 250 drivers because “we believe we owe it to our customers.”

The union decided to put the question directly to those customers.

Fired drivers launched a customer outreach campaign. They retraced their routes, passed out leaflets, and talked with customers. Customers posed for photos with the fired drivers with signs that said, "What Can Brown Do for Me? Not This" and "Rehire This Guy."

Steve Curcio was one of the original 20 firees who reached out to customers on his mixed commercial and residential route. “We were going out to customers on the route and asking their honest opinions and reactions to why we were missing,” he said. “Everyone misses their guy, this guy is here every single day. They don't want their business being disrupted.”

Supporters nationwide flooded the corporation with phone calls and bombed the UPS Facebook page.

Customer Lois Toscano from Little Neck called the Local 804 hall to see what she could do. She said her UPS driver—whose name she didn’t know—had once saved her family’s life. As she and her three children drowsily watched TV, Armin Kaeser rang the bell and said, “Mrs. Toscano, I smell gas.”

“At Christmas,” Toscano told the Daily News, “when presents are being delivered, [Kaeser] rings the doorbell first to make sure the kids aren’t around before he hauls everything up to the door.”

Local 804 made a video of customers speaking their minds to UPS. The testimonials were unscripted and heartfelt and shredded the company’s argument that UPS owed the firings to its customers.

“What can Brown do for me? They can give me my driver back,” said Alex Silaco of Tiles Unlimited.

“I know what you mean to my company,” another customer said, “It would be a shame if UPS makes the mistake of letting the drivers go that are important for their customer base.”

Local 804 President Tim Sylvester said the tipping point for the campaign was “customers’ involvement. Management underestimated once again how popular our drivers are with their customers, just like in 1997 [when Teamsters struck for two weeks for full-time jobs].”

Teamsters Secretary-Treasurer Ken Hall, the union’s chief negotiator with UPS, had not issued a single public comment or statement of support since February 26—a fact not lost on Local 804 members or union activists at UPS nationwide.

But the day before negotiations with UPS, Hall flew to New York and visited with drivers in Maspeth to offer support to the 250 drivers.

The next day, Local 804 leaders, international union officials, and UPS executives met and hammered out the agreement.

All 250 terminations were reduced to 10-day suspensions. Local 804 will also issue a statement to members outlining the proper union procedures for a walkout.

A Teakettle on a Flame

“The buildup of frustration causes people to do things they wouldn't normally do,” Sylvester said. “You can only put a teakettle on a flame for so long before the lid comes off.”

New York drivers were fed up with long hours, increasing production standards, and constant technological surveillance, Sylvester said. Every UPS truck is equipped with more than 200 sensors that monitor drivers' every move, and drivers are expected to follow 72 pages of “methods,” such as hold the keys in your right hand as you approach your vehicle, start the truck and buckle your seat belt in one motion.

Labor Notes asked Curcio if he was surprised his union would do so much. “I expected at least what they did,” he said. “Something of this magnitude, so severe, that touched so many people—something had to be done.”

- See more at: http://labornotes.org/2014/04/big-brown-waves-white-flag-0#sthash.G2734v...

Tags: IBT 804upsretaliatory firings
Categories: Labor News

Hong Kong Dockers Strike & Struggles: Report By Stephan Chan and Wong Yu Loy

Current News - Fri, 04/11/2014 - 08:21

Hong Kong Dockers Strike & Struggles: Report By Stephan Chan and Wong Yu Loy
https://www.youtube.com/watch?v=7fck2nERAXc
Hong Kong dockers are on the move after a 40 day strike in 2013.
This is a presentation by Hong Kong trade unionists Stephan
Chan and Wong Yu Loy on how their union was formed and
the lessons of their strike against Li Ka-shing' s Hutchison Port
Holdings Trust. He is the richest man in Hong Kong and owns
over 50 docks in China and around the world.
This presentation was made in San Francisco on April 8, 2014.
For more information on the Hong Kong dockers go to:
www.hkctu.org.hk
Production of Labor Video Project www.laborvideo.org

Tags: Hong Kong Dockerssolididarity
Categories: Labor News

Drivers Win $2.2 Million in Calif. Contractor Status Case

Teamsters for a Democratic Union - Fri, 04/11/2014 - 07:12
Rip WatsonTransport TopicsApril 11, 2014View the original piece

A California state agency has ruled that seven drivers for Pacer International Inc. who challenged their status as independent contractors can collect $2.21 million.

The Department of Labor Standards Enforcement ruled the drivers were company employees, rather than independent contractors. Pacer, which recently became part of XPO Logistics, has filed a notice of appeal.

The case is the latest development in an ongoing battle over the status of truck drivers, who are independent contractors from the carriers’ standpoint.

Don Minchey, the hearing officer in the case, wrote “the plaintiffs are convincing in their arguments.”

Drivers’ independent contractor status is being challenged by union organizers, in Southern California and other locations, who are seeking employee status so that organizing campaigns can advance.

“We are aware of the rulings by the administrative hearing officer in the seven claims,” an XPO spokesman told Transport Topics. “These cases are ongoing and we have appealed the rulings to California Superior Court. We intend to vigorously oppose these claims, which we believe are without merit.”

Issues: Freight
Categories: Labor News, Unions

Big Brown Waves White Flag

Teamsters for a Democratic Union - Fri, 04/11/2014 - 07:09
Jane SlaughterLabor NotesApril 11, 2014View the original piece

In the wake of a relentless grassroots labor-community solidarity campaign, UPS waved the white flag and agreed to rehire all 250 New York City drivers the company fired last month. The campaign united drivers, elected officials, and even UPS customers.

UPS issued termination notices to 250 drivers in March for a 90-minute work stoppage they had carried out on February 26.

Jairo Reyes, a 24-year driver, had been fired for starting work too early, and was walked off the job. This violated the Teamsters’ contract, which called for a 72-hour waiting period and a hearing before a worker could be walked off.

Drivers gathered in the parking lot to show their displeasure. “Our contract had been violated so many times,” Reyes told Labor Notes. “This was the straw that broke the camel’s back.”

Reyes will also return to work, under the terms of the agreement struck between UPS andTeamsters Local 804 yesterday.

UPS had previously vowed never to back down. The company refused to negotiate with Local 804 and told the press it would boot all 250 drivers as soon as replacements were trained.

At first management seemed to make good on that threat. The first 20 workers were fired on March 31, at the end of their last work day of the month so that they and their families would lose their April health care coverage.

Four days later, UPS fired 16 more drivers as their local president prepared to take the stage to speak at the Labor Notes Conference.

But just five days after that, UPS executives from company headquarters in Atlanta were at the table and striking an agreement with the union to return all 250 drivers to work.

What Made Brown Back Down?

Immediately after the walkout, Local 804 leaders met with the company to try to settle the dispute. Managers shut down the talks after minutes and said they were issuing termination notices to all 250 drivers.

So Local 804 launched a grassroots campaign to mobilize public support. First, the union mobilized its own ranks. Stewards and union activists passed out bulletins and petitions to show Teamster solidarity.

But the outreach quickly spread to the public in the form of an online petition launched by the Working Families Party (WFP), a grassroots political party of affiliated unions and community groups, including Teamsters Joint Council 16 in New York.

Local 804 members rallied on March 21 in front of the UPS hub in Maspeth, Queens, and delivered more than 105,000 petition signatures to the company. New York City Public Advocate Letitia James and city council members joined the rally. So did Assembly member Michael Simanowitz.

No labor radical, Simanowitz is a moderate Democrat who represents an Orthodox Jewish section of Queens. But he is also a UPS customer. His UPS driver, Domenick “Dedom” Dedomenico, was one of the 250 fired Teamsters—one with a special back story.

Dedom was run over while delivering Christmas packages for UPS. He spent 10 days in a coma and another 13 months recovering from a traumatic brain injury.

When Dedom returned to UPS, he was met with a barrage of warning letters and suspensions for “failing to meet his previous demonstrated performance.”

A supervisor assigned to monitor Dedom for a day reported that customers were slowing him down to welcome him back on the job, and breaking into tears.

Management responded by suspending Dedom and telling him to pick up the pace. Brown’s ultimatum? Deliver one more package per hour or lose your job. Then Dedom became one of the 250 who were issued termination notices.

“He spent a week in a coma, and how does this company repay him when he comes back to work? They fire him because he stood up for his brothers,” said Simanowitz. “This is not over. Dedom is not fired. If he is then I’ll personally lay down in front of that driveway.”

Letitia James grabbed the microphone from Simanowitz and told the rallying Teamsters that UPS had a $43 million contract up for renewal with New York State and, “if UPS does not do right by the workers in this city, then the city will not do right by UPS.”

A hot campaign got a lot hotter. Elected officials began scrutinizing UPS’s financial dealings with the city and state, including a sweetheart deal through the Department of Finance’s stipulated-fine program that cuts UPS’s parking tickets by $15 to $20 million a year.

UPS responded by firing 20 drivers, chosen at random.

Local 804 kicked its campaign up a notch. The union reached out to the press, and the firing of the 250 workers and Dedom, the driver who survived a coma only to be canned by UPS, became tabloid fodder.

Local 804 also reached out to other unions while the Working Families Party galvanized support from elected officials.

On April 3, fired drivers and other Local 804 Teamsters held a press conference on the steps of City Hall with other Teamsters, nurses, bus and train operators from Transport Workers Local 100, members of the Communications Workers and Service Employees 32-BJ, Laborers, and others.

Drivers told their story flanked by more than a dozen elected officials, including Letitia James and City Comptroller Scott Stringer.

"I do not understand who at that company put forward a business plan to take away a generation of good will between UPS and the City of New York," Stringer said. “But this is not gonna end this way.”

UPS axed 16 more drivers the following day.

Who Speaks for UPS Customers?

With political pressure and bad PR on the rise, UPS tried to justify the firings as the only responsible business decision.

“We simply cannot allow employee misconduct that jeopardizes our ability to reliably serve our customers,” UPS told the press.

One executive told the Daily News that UPS was firing 250 drivers because “we believe we owe it to our customers.”

The union decided to put the question directly to those customers.

Fired drivers launched a customer outreach campaign. They retraced their routes, passed out leaflets, and talked with customers. Customers posed for photos with the fired drivers with signs that said, "What Can Brown Do for Me? Not This" and "Rehire This Guy."

Steve Curcio was one of the original 20 firees who reached out to customers on his mixed commercial and residential route. “We were going out to customers on the route and asking their honest opinions and reactions to why we were missing,” he said. “Everyone misses their guy, this guy is here every single day. They don't want their business being disrupted.”

Supporters nationwide flooded the corporation with phone calls and bombed the UPS Facebook page.

Customer Lois Toscano from Little Neck called the Local 804 hall to see what she could do. She said her UPS driver—whose name she didn’t know—had once saved her family’s life. As she and her three children drowsily watched TV, Armin Kaeser rang the bell and said, “Mrs. Toscano, I smell gas.”

“At Christmas,” Toscano told the Daily News, “when presents are being delivered, [Kaeser] rings the doorbell first to make sure the kids aren’t around before he hauls everything up to the door.”

Local 804 made a video of customers speaking their minds to UPS. The testimonials were unscripted and heartfelt and shredded the company’s argument that UPS owed the firings to its customers.

“What can Brown do for me? They can give me my driver back,” said Alex Silaco of Tiles Unlimited.

“I know what you mean to my company,” another customer said, “It would be a shame if UPS makes the mistake of letting the drivers go that are important for their customer base.”

Local 804 President Tim Sylvester said the tipping point for the campaign was “customers’ involvement. Management underestimated once again how popular our drivers are with their customers, just like in 1997 [when Teamsters struck for two weeks for full-time jobs].”

Teamsters Secretary-Treasurer Ken Hall, the union’s chief negotiator with UPS, had not issued a single public comment or statement of support since February 26—a fact not lost on Local 804 members or union activists at UPS nationwide.

But the day before negotiations with UPS, Hall flew to New York and visited with drivers in Maspeth to offer support to the 250 drivers.

The next day, Local 804 leaders, international union officials, and UPS executives met and hammered out the agreement.

All 250 terminations were reduced to 10-day suspensions. Local 804 will also issue a statement to members outlining the proper union procedures for a walkout.

A Teakettle on a Flame

“The buildup of frustration causes people to do things they wouldn't normally do,” Sylvester said. “You can only put a teakettle on a flame for so long before the lid comes off.”

New York drivers were fed up with long hours, increasing production standards, and constant technological surveillance, Sylvester said. Every UPS truck is equipped with more than 200 sensors that monitor drivers' every move, and drivers are expected to follow 72 pages of “methods,” such as hold the keys in your right hand as you approach your vehicle, start the truck and buckle your seat belt in one motion.

Labor Notes asked Curcio if he was surprised his union would do so much. “I expected at least what they did,” he said. “Something of this magnitude, so severe, that touched so many people—something had to be done.”

Issues: UPSNY-NJ TDU
Categories: Labor News, Unions

Chilean Dockers Struggle Against Neo-liberalism: Report By Chilean Dockworker Nelson Francino

Current News - Thu, 04/10/2014 - 17:21

Chilean Dockers Struggle Against Neo-liberalism: Report By Chilean Dockworker Nelson Francino
https://www.youtube.com/watch?v=f06zkLiDTOo&feature=
Chilean dockworkers have been fighting against privatization and
for better health and safety conditions. Chilean dockworker and
union leader Nelson Francino of the Federaciaon de Sindicatos
Port de Iquiqu gives a history of their union and struggles.
This presentation was made in San Francisco, CA on April 8 2014.
Production of Labor Video Project

Tags: Federaciaon de Sindicatos Port de Iquiqu
Categories: Labor News

Chilean Dockers Struggle Against Neo-liberalism: Report By Chilean Dockworker Nelson Francino

Current News - Thu, 04/10/2014 - 17:21

Chilean Dockers Struggle Against Neo-liberalism: Report By Chilean Dockworker Nelson Francino
https://www.youtube.com/watch?v=f06zkLiDTOo&feature=
Chilean dockworkers have been fighting against privatization and
for better health and safety conditions. Chilean dockworker and
union leader Nelson Francino of the Federaciaon de Sindicatos
Port de Iquiqu gives a history of their union and struggles.
This presentation was made in San Francisco, CA on April 8 2014.
Production of Labor Video Project

Tags: Federaciaon de Sindicatos Port de Iquiqu
Categories: Labor News

Argentina: Strike turnout: 'More than 1 million workers'

Labourstart.org News - Thu, 04/10/2014 - 17:00
LabourStart headline - Source: The Herald
Categories: Labor News

Egypt: From Cairo to Suez, Egypt workers defy government with labor strikes

Labourstart.org News - Thu, 04/10/2014 - 17:00
LabourStart headline - Source: The Post
Categories: Labor News

Morocco: International Trade Union Confederation Urges Benkirane to Learn from “The March of Anger”

Labourstart.org News - Thu, 04/10/2014 - 17:00
LabourStart headline - Source: Morocco World News
Categories: Labor News

Greece: Battered & Broken By Cuts, Greek Workers Still Rise To Fight

Labourstart.org News - Thu, 04/10/2014 - 17:00
LabourStart headline - Source: The Mint Press
Categories: Labor News

Canada: Three reasons 120 striking Toronto workers are making global waves

Labourstart.org News - Thu, 04/10/2014 - 17:00
LabourStart headline - Source: rabble
Categories: Labor News

MA Worcester Regional Transit Authority ATU 22 Bus Driver Nancy Woods Killed By Bus With Faulty Brakes

Current News - Thu, 04/10/2014 - 16:43

MA Worcester Regional Transit Authority ATU 22 Bus Driver Nancy Woods Killed By Bus With Faulty Brakes
MA Bus Driver Nancy Woods Killed By Bus With Faulty Brakes
Press Statement

FOR IMMEDIATE RELEASE
4/10/2014

Contact:
Marcy Goldstein-Gelb, MassCOSH Executive Director
(617) 825-7233 x15; cell (617)-642-1878
Jeff Newton, Communications Coordinator
(617) 825-7233 x14

4/10/2014 BOSTON – The recent worker death of 46-year-old Nancy Woods of Rutland, is sad and tragic; however it was not a freak accident said the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) in a statement released today.

According to news reports, Woods, a bus driver for the Worcester Regional Transit Authority, was killed yesterday while attempting to stop a bus that had started moving without her in the vehicle.

Many times, the events that claim workers lives are labeled as ‘freak accidents,’ however, MassCOSH believes that events like this are entirely preventable with adequate training and when employers make worker safety their paramount concern.

“Our hearts go out to the family and friends of Nancy Woods,” said Marcy Goldstein-Gelb, MassCOSH’s Executive Director. “While the investigation is still underway, we do know that being struck-by vehicles and objects is one of the major causes of injury and death for Massachusetts workers and can be prevented. We also strongly disagree when accidents are referred to as ‘freak.’ The label implies there is nothing that can be done to protect workers and prevent fatal accidents. Many times, investigations later reveal that simple steps and practices could have been in place that would have resulted in lives saved and families remaining whole – there is nothing ‘freak’ about it.”

Later this month, on April 28th at noon, MassCOSH, along with its members and allies, will gather at the Massachusetts State House steps to observe International Workers’ Memorial Day. The public gathering is intended to draw attention to workplace fatalities and call for action to be taken at the state level to better protect workers.

North Brookfield bus driver struck, killed by own vehicle
http://www.masslive.com/news/worcester/index.ssf/2014/04/north_brookfiel...
PrintBy Sam Bonacci | sbonacci@masslive.com
on April 10, 2014 at 9:26 AM, updated April 10, 2014 at 10:32 AM
NORTH BROOKFIELD — A Worcester Regional Transit Authority driver was killed Wednesday afternoon when she was hit by her bus.

Nancy Woods, 46, of 176 Maple St. in Rutland was helping her lone passenger out of the back of the vehicle near Chestnut Street in North Brookfield at around 3 p.m. when the bus began rolling forward, witnesses told investigators. She ran around to the driver side door and reached into the bus, the size of a large van, but it struck her and continued moving down Chestnut Street, according to a release from the District Attorney's Office.

The bus stopped after hitting a garage at 74 Maple St. The 45-year-old passenger was in the vehicle until it came to a stop and had minor injuries. Woods was transported to Harrington Hospital in Southbridge where she was pronounced dead, according to the District Attorney's Office.

The investigation is ongoing.

Thomas Hock And Veolia's Bloody Hands
http://www.seiu1021.org/files/2013/07/HockBusinessPracticesMemo.pdf

"• In July 2007, Hock was accused of “surface bargaining” and providing proposals “designed not to make progress” in contract negotiations with ATU Local 22 in Worcester, Massachusetts."

DATE Monday, July 22, 2013
TO Interested Parties
RE Thomas P. “Tom” Hock and Professional Transit Management

This memo summarizes the research on Thomas Paul “Tom” Hock and Professional Transit Management, Hock’s public transit management and labor relations consulting firm. The memo also includes topline findings on Veolia Transportation, which acquired Professional Transit Management (PTM) in January 2008, although PTM has continued to conduct business under the same name and Hock has remained as the company’s CEO. Our research has identified findings along the following lines:

Questionable Record in Labor Disputes: Under Hock, PTM has had a contentious relationship with many of its unionized employees. For instance, since 2005 there have been 47 complaints filed against PTM and its affiliates before the National Labor Relations Board (NLRB). Moreover, since 2001, Hock has been involved in negotiations that have resulted in seven strikes.

• Between 2010 and 2012, Hock acted as Veolia’s negotiator in meetings leading up to a five day strike by nearly 1,000 bus drivers in Phoenix and Tempe, Arizona in March of 2012.

› During negotiations, Veolia reportedly placed job listings for temporary bus drivers and brought in about 200 replacement drivers and supervisors.

• According to KXAN, Hock’s “unwillingness to bargain” with union leaders was to blame for a three day strike of Capital Metro employees in Austin, Texas in November 2008. Hock had been brought in by Capital Metro as an outside negotiator to reach an agreement.

• In August 2008, 93 bus drivers in Racine, Wisconsin, represented by the local Teamsters union, went on strike for “several hours” over a contract dispute with PTM.

• Between July and September 2004, employees of the Worcester Regional Transit Authority were on strike for 66 days before reaching an agreement with Hock and PTM.

› During the strike, ATU Local 22 President Richard Hanny said that nobody on PTM’s side was authorized to make decisions without Hock present.

• Between 2003 and 2005, LOOP employees in Dutchess County New York had gone on strike two separate times due to a strained relationship with PTM.

› In March 2005, after a one-day strike that shut down bus operations in Dutchess County, Teamsters Local 445 filed a complaint with the NLRB accusing PTM of engaging in “bad faith bargaining.”

• In September 2001, Sun Tran workers in Arizona went on a 12 day strike after they failed to reach an agreement with PTM over contract negotiations.

Page 1 of 40

• In January 2011, leaders of ATU Local 639 called on the LexTran board in Kentucky to terminate the transit systems’ relationship with PTM.

• In August 2008, Hock was called “disrespectful” during contract negotiations in Dutchess County in New York. Robert Carroll, vice president of Teamsters Local 445, claimed that Hock had said that his contract proposal “was not open to negotiation.”

• In July 2007, Hock was accused of “surface bargaining” and providing proposals “designed not to make progress” in contract negotiations with ATU Local 22 in Worcester, Massachusetts.

• In July 2005, the Amalgamated Transit Union Local 19 filed a lawsuit against PTM for refusing to participate in arbitration.

• In June 2013, a dispute between Veolia Transportation and its employees led to a strike and limited service Los Angeles’ DASH buses, which operate in loops around 26 neighborhoods.

• In February 2010, Veolia Transportation Services was accused of violating federal and state labor laws in a lawsuit filed on behalf of Baltimore, Maryland workers.

• In April 2009, Veolia Transportation Services Inc. was accused in a class action lawsuit of failing to pay overtime and of not reimbursing workers for the purchase and maintenance of their uniforms for San Francisco County bus transportation workers.

• In October 2011, Veolia Transportation was accused by local transit leaders in Florida of unfair labor practices, harassing union employees and hiring “scab” bus drivers and security personnel to take over if union drivers went on strike.

Conflicts of Interest: In 2008, Hock was brought in by Capital Metro of Austin, Texas to negotiate a new contract with ATU Local 1091. At the time of the negotiations, a former PTM employee, Terry Garcia Crews, was the general manager of StarTran, the affiliate of Capital Metro that supervised union employees and employed the agency’s mechanics and bus drivers. During the negotiations, Capital Metro decided to reassign control of some bus routes to Veolia Transportation. Hock, as Capital Metro’s lead negotiator, had reportedly not disclosed that his company had been sold to Veolia a few months earlier. The ATU claimed that Hock should have disclosed his interest in the matter during negotiations. Amidst controversy over the alleged conflict of interest, Garcia Crews resigned from StarTran in October 2010. One month later she was hired by PTM as CEO of Cincinnati Metro.

In a separate instance, former Cincinnati Metro CEO Marilyn Shazor claimed that she had “angered” Hock when she had “questioned the wisdom” of giving a service contract to Lou Ann Hock, Thomas Hock’s wife. Shazor was fired by PTM in August of 2010. In that same month, Lou Ann Hock was named interim CFO of Cincinnati Metro.

Poor Management of Transit Services: PTM has had a questionable record in its management of public transportation systems. Employees and government officials have raised concerns over the equipment used and the quality of management provided by PTM.

• In June 2009, the Star News reported that employees of Wave Transit – a bus system operating in Wilmington, North Carolina – “expressed concerns” about PTM’s handling of the bus system. As a result, the Cape Fear Public Transit Authority requested a new general manager take over administration of the system.

• In September 2007, the entire fleet of PTM operated LOOP buses were ordered to be pulled out of operation in Dutchess County after several buses failed DOT inspections.

• An audit looking into the 2007 and 2008 operation of the PTM operated LOOP bus service in Dutchess County, New York found that the bus service lacked internal control.

Page 2 of 40

• An audit released in 2006 determined that PTM was “overstaffed,” “poorly supervised” and “lacked spending control” in its operation of the Colorado Springs bus system.

› The audit also uncovered that PTM had “improperly’ been passing costs to the city of Colorado Springs.

Accusations of Discrimination: Hock and his companies have been accused of multiple forms of discrimination and harassment. Professional Transit Management and Veolia Transportation have been accused of discriminating against employees over race, gender and disability.

• In March 2011, PTM and Hock were named in a lawsuit filed by former Cincinnati Metro CEO Marilyn Shazor alleging race and gender discrimination, as well as defamation, libel and slander.

› The lawsuit specifically accused Hock of masterminding a conspiracy to defame and fire Shazor from her position as CEO of Metro.

• In August 2008, PTM of Tucson was accused of firing and discriminating against an employee, Harold Ramsey, after he advised a female employee to file complaint with the EEOC when she claimed she’d been harassed on the job.

• In September 2006, Professional Transit Management Ltd., doing business as Springs Transit, was accused of unlawful employment practices and maintaining a hostile work environment for African American, Hispanic and Asian employees, in a lawsuit brought by the EEOC.

› In May 2007, the parties agreed to a settlement under which PTM agreed to pay $450,000 and the case was closed.

• In July 2004, PTM affiliate Racine Transit Management was accused in a lawsuit of placing an African American employee, Dennis C. Hart, on administrative leave in retaliation for filing a discrimination lawsuit and complaint against the company with the EEOC

› A colleague of Hart’s subsequently filed a lawsuit in October 2006, accusing Transit Management of Racine of retaliating against him for supporting Hart in his discrimination claim.

• In February 2013, Veolia Transportation Services was accused in a lawsuit of discriminating against individuals using wheelchairs on Los Angeles County buses.

• In June 2012, Veolia Transportation Services was accused of race, age and gender discrimination in a lawsuit filed by an African American transit operator in San Diego County.

• In November 2011, Veolia Transportation Services was sued for more than $75,000 by an Arizona employee who claimed she had received unequal pay and benefits because of her gender and was fired after filing a complaint.

Page 3 of 40

EXECUTIVE SUMMARY 9

Biography 9

PROFESSIONAL TRACK RECORD 10

Overview

HOCK HAS CLAIMED TO HAVE NEGOTIATED “CLOSE TO 400” LABOR AGREEMENTS (1974-­‐2013)

10

10

Thomas P. Hock and Associates Received At Least $50,000 To Serve as BART’s Chief Outside Negotiator (2001) 11

HOCK ESTABLISHED PROFESSIONAL TRANSIT MANAGEMENT (1999) 11

PTM Has Managed Public Transportation Systems in At Least 14 States 11

PTM ACQUIRED BY VEOLIA TRANSPORTATION; HOCK REMAINED AS PTM CEO (2008) 11

Has Served as Vice President of Labor Relations of Veolia Transportation 11

Professional Transit Management 12 Litigation 12

PROFESSIONAL TRANSIT MANAGEMENT, AFFILIATES NAMED IN 13 CASES IN STATE, FEDERAL COURTS IN OHIO, WISCONSIN, ARIZONA, GEORGIA, NORTH CAROLINA (1999-­‐2013) 12

Labor Disputes 13 Arizona 13

HOCK ACTED AS VEOLIA’S NEGOTIATOR LEADING UP TO FIVE DAY STRIKE IN ARIZONA (2010-­‐2012) 13

ATU Filed 15 Complaints for Bad Faith Negotiating, Unfair Labor Practices Against Veolia 13 Veolia Placed Job Listings for Temporary Bus Drivers Amidst Contract Negotiations 14 Veolia Brought In About 200 Replacement Drivers and Supervisors Amidst Contract Negotiations 14

SUN TRAN WORKERS WENT ON TWELVE DAY STRIKE OVER AN IMPASSE WITH PTM OVER CONTRACT NEGOTIATIONS (2001) 14

Colorado 15

COLORADO SPRINGS TERMINATED CONTRACT WITH PTM; CITY OFFICIAL SAID TERMINATION NOT RELATED TO DISPUTES WITH UNIONS (2006) 15

ATU UNION SUED PTM FOR FAILING TO PARTICIPATE IN ARBITRATION REQUIREMENTS (2005) 16 PTM LAID OFF ELEVEN COLORADO WORKERS JUST TWO WEEKS AFTER THEY STARTED THEIR JOB (2005) 16

Kentucky 16

UNION ASKED LEXTRAN BOARD TO TERMINATE RELATIONSHIP WITH PTM, FIRE GARCIA CREWS AS GENERAL MANAGER (2005)

16

Page 4 of 40

Massachusetts 17

HOCK ACCUSED OF “SURFACE BARGAINING”, PROVIDING PROPOSALS “DESIGNED NOT TO MAKE PROGRESS” IN NEGOTIATIONS IN MASSACHUSETTS (2007) 17

ATU Reportedly Filed Unfair Labor Practice Complaint Against RTA Transit Services For Violating
Contract 17

BUS OPERATORS IN WORCESTER WENT ON STRIKE FOR 66 DAYS (2004) 18

ATU Local 22 President Said Nobody Was Authorized to Make Decisions without Hock 18

New York 18

HOCK CALLED “DISRESPECTFUL” DURING CONTRACT NEGOTIATIONS IN DUTCHESS COUNTY; REPORTEDLY SAID CONTRACT PROPOSAL “WAS NOT OPEN TO NEGOTIATION” (2007) 18

LOOP EMPLOYEES IN DUTCHESS COUNTY HAVE GONE ON STRIKE TWICE DUE TO STRAINED RELATIONS WITH PTM (2003, 2005) 19

Teamsters Union Filed Complaint with NLRB Accusing PTM of Engaging in “Bad Faith Bargaining” After
A Strike Shut Down Bus Operations 19

Texas 19

HOCK’S “UNWILLINGNESS TO BARGAIN” BLAMED FOR THREE DAY STRIKE IN TEXAS (2008) 19

“Intimately Involved” in Negotiations That Led to Capital Metro Strike (2007) 20

Wisconsin 20

RACINE BUS DRIVERS WENT ON STRIKE FOR “SEVERAL HOURS” OVER CONTRACT DISPUTE WITH PTM (2008) 20

National Labor Relations Board 21

PTM, Affiliates Named in 47 Complaints Filed Against Them Before the National Labor Relations Board (2005-2012) 21

Conflicts of Interest 25

HOCK HIRED BY CAPITAL METRO TO NEGOTIATE CONTRACT WITH UNION; FORMER PTM EMPLOYEE TERRY GARCIA CREWS SERVED AS A GENERAL MANAGER OF CAPITAL METRO’S EMPLOYEE MANAGEMENT AFFILIATE (2008) 25

During Negotiations Capital Metro Decided to Reassign Control of Some Bus Routes to Veolia; Hock’s Affiliation to Veolia Not Disclosed to Unions 25

Garcia Crews Hired as CEO of PTM Operated Cincinnati Metro 25

LOU ANN HOCK NAMED AS INTERIM CFO OF CINCINNATI METRO SAME MONTH THAT SHAZOR WAS TERMINATED (2011) 26

Competing Transit Company Alleged PTM Unfairly Awarded Racine Bus Contract (2004) 26

Accusations of Discrimination 27 Discrimination Litigation 27

PROFESSIONAL TRANSIT MANAGEMENT, HOCK ACCUSED OF DISCRIMINATION, DEFAMATION IN LAWSUIT FILED IN OHIO BY METRO CEO MARILYN SHAZOR (2011)

27

Page 5 of 40

Lawsuit Specifically Accused Hock of Masterminding Conspiracy to Intentionally Defame, Fire Shazor
(2011) 27

Professional Transit Management, Hock Also Accused of Firing Shazor in Attempt to Secure General
Manager Services Contract that Carried $12,000 a Month Profit for Professional Transit Management (2011)28

Complaint Also Accused Hock of Trying to Obtain Services Contract for His Wife to Manage SORTA’s Strategic Business Planning (2011) 28

Hock Refused to Discuss Shazor’s Firing 28 Court Found No Evidence of Race, Gender Discrimination, Dismissed Defamation Claim Without Prejudice

(2013)
Shazor Appealed Decision to U.S. Court of Appeals, Sixth Circuit; Appeal Was Pending in July 2013

PROFESSIONAL TRANSIT MANAGEMENT OF TUCSON ACCUSED OF FIRING, DISCRIMINATING AGAINST ARIZONA EMPLOYEE WHO ADVISED FEMALE WORKER TO FILE EEOC COMPLAINT OVER HARASSMENT (2008)

Lawsuit Was Dismissed with Prejudice Following Settlement Agreement (2009)

ACCUSED BY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OF UNLAWFUL EMPLOYMENT PRACTICES, CREATING HOSTILE WORK ENVIRONMENT FOR MINORITY EMPLOYEES IN COLORADO (2006)

Lawsuit Was Settled with Professional Transit Management Agreeing to Pay $450,000 to Martinez, Five Other Complainants (2007)

Both Answer, Consent Agreement Identify Contact for Professional Transit Management as Tom Hock (2006-2007)

WISCONSIN AFFILIATE RACINE TRANSIT MANAGEMENT ACCUSED OF PLACING AFRICAN AMERICAN EMPLOYEE ON ADMINISTRATIVE LEAVE AFTER HE FILED DISCRIMINATION COMPLAINT WITH EEOC (2004)

Parties Agreed to Dismiss Lawsuit with Prejudice (2006)

Colleague Scott Basken Subsequently Filed Lawsuit against Transit Management of Racine Claiming Retaliation for Supporting Hart’s Discrimination Claim (2006)

Basken Also Filed Charge of Discrimination against Professional Transit Management with EEOC; Charge Was Dismissed Due to Insufficient Legal Evidence (2006)

Poor Management of Transit Services

29 29

29

29

30

30 31

31

31 31 32

32

EMPLOYEES OF NORTH CAROLINA BUS SYSTEM “EXPRESSED CONCERNS” ABOUT PTM’S MANAGEMENT OF SYSTEM PROMPTING TRANSIT AUTHORITY TO REQUEST NEW GENERAL MANAGER (2009) 32

ENTIRE FLEET OF PTM MANAGED BUSES PULLED OUT OF OPERATION IN DUTCHESS COUNTY AFTER SEVERAL BUSES FAILED DOT INSPECTIONS (2007) 32

Over 80% of LOOP Buses Failed DOT Inspections 32

AUDIT DETERMINED PTM’S MANAGEMENT OF DUTCHESS COUNTY BUS LINE LACKED INTERNAL CONTROL (2007-­‐ 2008) 33

COLORADO SPRINGS AUDIT DETERMINED THAT PTM WAS “OVERSTAFFED”, “POORLY SUPERVISED”, “LACKED SPENDING CONTROL” (2006) 33

PTM “Improperly” Passed Costs to City 33

PTM EMPLOYEE IN COLORADO INVOLVED IN BUS ACCIDENT RESULTING IN DEATH OF PEDESTRIAN HAD BEEN CONVICTED OF DRIVING WHILE IMPAIRED BY ALCOHOL TWO YEARS PRIOR TO ACCIDENT 33

Page 6 of 40

Negligence Litigation 34

PROFESSIONAL TRANSIT MANAGEMENT, BUS DRIVER ACCUSED OF NEGLIGENCE BY GEORGIA WOMAN INJURED
WHILE EXITING BUS (2012) 34

Case Was Remanded Back to State Court of Clayton County in Georgia in November 2012; Case Was
Pending as of July 2013 34

Veolia 34

GROUPS RALLIED IN LOS ANGELES AGAINST AWARDING CONTRACT TO VEOLIA TRANSPORTATION TO OPERATE
DASH BUS SERVICE, CLAIMED VEOLIA WAS SUBSIDIARY OF INTERNATIONAL FIRM DISCRIMINATING AGAINST PALESTINIANS (2012) 34

Discrimination Litigation 35

ACCUSED IN LAWSUIT FILED BY DISABILITY RIGHTS LEGAL CENTER OF DISCRIMINATING AGAINST INDIVIDUALS
USING WHEELCHAIRS ON LOS ANGELES COUNTY BUSES (2013) 35

Case Was Ordered to Private Mediation, Was Pending as of July 2013 35

ACCUSED OF RACE, AGE, GENDER DISCRIMINATION IN LAWSUIT FILED BY AFRICAN AMERICAN TRANSIT OPERATOR FROM SAN DIEGO COUNTY, CALIFORNIA (2012) 35

Parties Agreed to Dismiss Case with Prejudice (2012) 35

ACCUSED BY ARIZONA REGIONAL DIRECTOR OF HUMAN RESOURCES OF GENDER DISCRIMINATION, UNEQUAL PAY, TREATMENT (2011) 36

Complaint Stated EEOC Had Issued Reasonable Cause Determination, Finding Veolia Discriminated
Against Female Worker in Her Compensation, Benefits (2011) 36

Lawsuit Was Dismissed with Prejudice in November 2012 36

Wage & Pay Litigation 37

ACCUSED OF FAILING TO PAY CALIFORNIA BUS DRIVERS FOR ALL HOURS WORKED, NOT PAYING MINIMUM WAGE IN CLASS ACTION LAWSUIT (2010) 37

Lawsuit Was Dismissed with Prejudice after Settlement Reached (2011) 37

ACCUSED OF FAILING TO PAY OVERTIME, MAINTAIN PROPER TIME RECORDS IN CLASS ACTION LAWSUIT FILED ON BEHALF OF BALTIMORE TRANSPORTATION WORKERS (2010) 37

Confidential Settlement Was Reached, Lawsuit Was Dismissed with Prejudice (2010) 37

ACCUSED IN CLASS ACTION LAWSUIT OF FAILING TO PAY OVERTIME, NOT REIMBURSING FOR PURCHASE OF UNIFORMS FOR SAN FRANCISCO COUNTY BUS TRANSIT WORKERS (2009) 38

Lawsuit Remanded Back to San Francisco County Superior Court, Where It Was Dismissed with Prejudice After Settlement Reached (2012) 38

Labor Disputes 38

DISPUTE BETWEEN VEOLIA TRANSPORTATION, ITS EMPLOYEES LED TO STRIKE, LIMITED SERVICE TO LOS ANGELES’ DASH BUSES (2013) 38

VEOLIA TRANSPORTATION ACCUSED BY LOCAL TRANSIT LEADERS IN ESCAMBIA COUNTY, FLORIDA OF UNFAIR
LABOR PRACTICES, HARASSING UNION EMPLOYEES (2011) 39

Page 7 of 40

Poor Service and Safety Issues 39

AFTER BEING TAKEN OVER BY VEOLIA TRANSPORTATION, NASSAU COUNTY BUS SYSTEM INSTITUTED COST-­‐CUTTING MEASURES THAT DELAYED DISABLED RIDERS BY HOURS (2012) 39

VEOLIA TRANSPORTATION EMPLOYED ENGINEER OF METROLINK COMMUTER TRAIN THAT COLLIDED WITH UNION PACIFIC FREIGHT TRAIN, KILLING 25, INJURY 102 PEOPLE IN 2008 39

NTSB Investigation Found Veolia Knew Engineer Had Engaged in Unsafe Behavior Before, But Had Not Disciplined or Fired Him (2010) 40

Subsidiary Connex Railroad Named in Federal Lawsuit Filed by Metrolink; Veolia Transportation Also
Named in at least 12 Lawsuits Filed by Crash Survivors, Victims’ Families (2008-2009) 40

Veolia Transportation also Sued by Insurance Underwriter to Recover $132.5M in Insurance Payments to Crash Victims, Alleged Connex Officials Saw Engineer Violate Rules, But Took No Remedial Actions (2012)

40

Page 8 of 40

EXECUTIVE SUMMARY

CAREER TIMELINE

YEARS

2013

August 2010-November 2010

2008-Present

2008

2008

1999-2008

Unknown-1999

C. 1978

Biography

EMPLOYER AND POSITION

BART, Lead Negotiator

Cincinnati Metro, Interim CEO

Veolia, Vice President of Labor Relations

Professional Transit Management, CEO

• Veolia Purchased Professional Transit Management

Professional Transit Management, Owner & President

Ryder ATE, Labor Law Attorney

First Transit, Labor Law Attorney

Thomas Paul Hock claims to have spent his entire professional career as an attorney supporting transit managers in developing labor strategies. In May of 1973, Hock was admitted to the Ohio State Bar after having attended the University of Cincinnati Law School. In 1978, Hock was working as a labor lawyer for First Transit and negotiated an employee contract with transit operators in Worchester, Massachusetts. (American Public Transportation Association, “Speaker Bios,” www.apta.com; Nexis, “Thomas Hock,” www.nexis.com; Supreme Court of Ohio, Public Attorney Information: Thomas Hock,” www.supremecourt.ohio.gov; Telegram & Gazette, “City Bus Drivers Angered by Contract Offer,” May 27, 2004)

In 1999, Hock co-founded Professional Transit Management to manage public transit systems and provide consulting services for transit system labor issues and operations. The company, started with his former co-worker Mike Setzer, has managed public transportation systems in at least 14 states. In 2008, the company was acquired by Veolia Transportation Inc, a subsidiary of the large French company, Veolia. Despite the sale, Professional Transit Management kept operating under the same name, and Hock remained the company’s CEO. Hock was also named vice president of labor relations for Veolia Transportation. (The Gazette, “New Contractor May Run Bus Lines,” October 18, 2001; South Bend Indiana, “Transpo Manager Says Alleged Sexual Harassment Did Not Occur,” August 6, 1998; Cincinnati Enquirer, “Business Notes,” February 3, 2008)

Page 9 of 40

PROFESSIONAL TRACK RECORD

Overview

HOCK HAS CLAIMED TO HAVE NEGOTIATED “CLOSE TO 400” LABOR AGREEMENTS (1974-­‐2013)

According to a March 2013, Executive Decision Document approving an agreement between Veolia Transportation Services and BART, Hock has negotiated “close to 400” labor agreements. A profile of Hock published on the American Public Transportation Association’s (APTA) website claimed that Hock had been supporting transit managers in developing labor strategies since 1974. (American Public Transportation Association, “Speaker Bios,” www.apta.com)

According to the agreement between Bart and Veolia:

“Thomas Hock previously served on the BART negotiating team in 2001, and is a respected public transit industry labor attorney who has been involved in labor relations for nearly 40 years. Mr. Hock has negotiated close to 400 agreements in 38 states and serves on APTA’s 13(c) and Legal Affairs Committees.” (BART Executive Decision Document, “Amendment to Agreement 6M4268 with Veolia Transportation Services, Inc,” March 29, 2013)

Aside from providing negotiation services for Veolia and his firm Public Transit Management, Hock has also offered his service under an entity called Thomas P. Hock & Associates. According to a 2011 posting advertising its services Thomas P. Hock & Associates customers have included BART, San Diego Transit Corporation and Long Beach Transit. According to the posting:

“Thomas P. Hock & Associates (TPH & A) provides labor relations assistance for PTM customer systems, as well as other transit systems throughout the United States. TPH&A has unparalleled capability and experience with the labor relations process, current issues, and even the actual personnel at the bargaining table. Tom Hock, Principal and founder of TPH&A, is considered the transit industry's foremost labor attorney, having negotiated more than 350 collective bargaining and 13(c) agreements with senior staff from 13 different international unions. Tom has been involved in labor relations for over 30 years, and the great majority of his career has been spent in the public transit industry. During this time, Tom has played an active role in innumerable transit systems and, particularly in their labor relations decisions.

Tom has been a singular leader in the industry’s activities in regard to labor policy and legislation, serving on American Public Transportation Association (APTA)’s 13(c) Committee and its Legal Affairs Committee. He is routinely asked to participate in prominent APTA meetings and conventions. In addition, Tom is the author and editor of “Management Report on Transit Labor Issues,” the annual publication of data and trend information for the industry’s labor professionals. Tom has handled matters before the National Labor Relations Board and has also participated in grievance arbitration cases.” (HotFrog, “Professional Transit Services – Services – Labor,” November 22, 2011)

Page 10 of 40

Thomas P. Hock and Associates Received At Least $50,000 To Serve as BART’s Chief Outside Negotiator (2001)

In 2001, Thomas P. Hock and Associates was paid at least $50,000 to serve as BART’s chief outside negotiator with one of the unions. According to BART officials, Hock was authorized to receive nearly $100,000. (San Francisco Chronicle, “Campaigning has Soured School Chief on Further Runs for Office,” July 18, 2001)

HOCK ESTABLISHED PROFESSIONAL TRANSIT MANAGEMENT (1999)

In 1999, Hock left his previous job as a labor attorney for Ryder ATE to found and establish Professional Transit Management (PTM). Hock started the company with his co-worker at Ryder ATE, Mike Setzer. PTM was established to manage public transit systems and provide consulting services for transit system labor issues and operations. The company was based out of Loveland, Ohio. (The Gazette, “New Contractor May Run Bus Lines,” October 18, 2001; South Bend Indiana, “Transpo Manager Says Alleged Sexual Harassment Did Not Occur,” August 6, 1998)

PTM Has Managed Public Transportation Systems in At Least 14 States

Since 1999, PTM has managed public transportation systems in at least 14 states. Specifically, PTM focuses on managing bus services. In these instances, PTM is contracted by the body tasked with overseeing the transit system (city council, county board, transit agency, etc.) to manage the operation of the system or certain routes. Employees who operate the system are selected, hired and employed PTM. Therefore, it is PTM that must approve employee contracts. The transit systems general managers are also chosen by PTM. In the past they have often been PTM executives, such as Terry Garcia Crews in Kentucky and Ohio. Professional Transit Management has managed transit systems in Arizona, Massachusetts, Ohio, New York, Colorado, Kentucky, Wisconsin, Indiana, Virginia, Mississippi, North Carolina and Tennessee, Georgia and Idaho. (National Labor Relations Board, “Case Search,” www.nlrb.gov; Lexington Herald Leader, “LexTran Workers Ask Manager to Resign,” January 16, 2005; Austin American-Statesman, “2 Cap Metro Execs Depart,” October 16, 2010)

PTM ACQUIRED BY VEOLIA TRANSPORTATION; HOCK REMAINED AS PTM CEO (2008)

In January 2008, Veolia Transportation Inc acquired PTM. At the time of the purchase PTM was responsible for providing management services to 15 public transportation systems across the country. Despite Veolia’s acquisition, PTM continued to conduct business under the same name and Hock remained as the company’s CEO. The company also continued to operate out of its Loveland offices. (Cincinnati Enquirer, “Business Notes,” February 3, 2008)

Has Served as Vice President of Labor Relations of Veolia Transportation

Aside from maintaining his position as CEO at PTM, Hock has served as vice president of labor relations at Veolia Transportation Services. (American Public Transportation Association, “Speaker Bios,” www.apta.com)

Page 11 of 40

Professional Transit Management Litigation

PROFESSIONAL TRANSIT MANAGEMENT, AFFILIATES NAMED IN 13 CASES IN STATE, FEDERAL COURTS IN OHIO, WISCONSIN, ARIZONA, GEORGIA, NORTH CAROLINA (1999-­‐2013)

We have identified 13 cases naming Professional Transit Management and its affiliates filed in state and federal courts in Ohio, Wisconsin, Arizona, Georgia and North Carolina. Professional Transit Management and its affiliates, Professional Transit Management of Tucson Inc. and Racine Transit Management were named as defendants in all of the cases. (Pacer Case Locator, “Party Name: Professional Transit Management,”

http://www.pacer.gov/findcase.html; Hamilton County Clerk of the Courts, “Name Management,” http://www.courtclerk.org/namesearch.asp)

Search: Professional Transit

Details of all identified cases are provided in the table below:

CASE NAME CASE DATE LOCATION PARTY NATURE NUMBER FILED ROLE

Marilyn G. Shazor vs. Professional Transit Management, et al

Ate Inc. Ryder vs. Thomas P Hock & Professional Transit Management et al

McGowan vs. Professional Transit Management of Tucson Inc.

Ramsey vs. Professional Transit Management of Tucson Inc. et al

Schultz vs. Professional Transit Management of Tucson Inc.

Welch vs. Professional Transit Management of Tucson Inc.

Equal Employment Opportunity Commission vs. Professional Transit Management LTD

White vs. Cape Fear Public Transportation Authority et al

Basken vs. Professional Transit Management et al

A 1302319

A 9903697

4:00-cv- 00728-CKJ- JR

4:08-cv- 00447-JMR

4:11-cv- 00147-CKJ

4:03-cv- 00631-CKJ

1:06-cv- 01915-MSK- MJW

7:12-cv- 00285-F

2:06-cv- 01094-LA

4/2/2013

6/28/1999

12/28/2000

8/13/2008

3/14/2011

12/24/2003

9/26/2006

9/24/2012

10/20/2006

Hamilton County Common Pleas Court

Hamilton County Common Pleas Court

U.S. District Court, District of Arizona

U.S. District Court, District of Arizona

U.S. District Court, District of Arizona

U.S. District Court, District of Arizona

U.S. District Court, District of Colorado

U.S. District Court, Eastern District of North Carolina

U.S. District Court, Eastern District of Wisconsin

Defendant

Defendant

Defendant

Defendant

Defendant

Defendant

Defendant

Defendant

Defendant

Civil: Other Tort & Jury Demand

Civil

Civil Rights: Jobs

Civil Rights: Jobs

Civil Rights: Jobs

Labor: Labor/Mgt. Relations

Civil Rights: Jobs

Civil Rights: Jobs

Civil Rights Act

Page 12 of 40

CASE NAME CASE DATE LOCATION PARTY NATURE NUMBER FILED ROLE

Hart vs. Racine Transit Management et al

Peoples vs. John Doe et al

Shazor vs. Professional Transit Management Ltd. et al

Marilyn Shazor vs. Professional Transit Management et al

2:04-cv- 7/26/2004 00721-LA

1:12-cv- 10/31/2012 03804-A T

U.S. District Court, Eastern District of Wisconsin

U.S. District Court, Northern District of Georgia

U.S. District Court, Southern District of Ohio

United States Court of Appeals for the Sixth Circuit

Defendant

Defendant

Defendant

Defendant

Civil Rights: Jobs

Civil: Motor V ehicle

Civil Rights

Civil Rights: Jobs

1:11-cv- 00150-SAS- KLL

13-3253

3/10/2011

3/5/2013

(Pacer Case Locator, “Party Name: Professional Transit Management,” http://www.pacer.gov/findcase.html; Hamilton County Clerk of the Courts, “Name Search: Professional Transit Management,” http://www.courtclerk.org/namesearch.asp)

Labor Disputes Arizona

HOCK ACTED AS VEOLIA’S NEGOTIATOR LEADING UP TO FIVE DAY STRIKE IN ARIZONA (2010-­‐2012)

Between 2010 and 2012, Hock acted as Veolia’s negotiator in meetings leading up to a five day strike by nearly 1,000 bus drivers in Phoenix and Tempe, Arizona in March of 2012. The drivers were represented by the Amalgamated Transit Union Local 1433. The strike was called when the two sides were unable to reach an agreement on wages, benefits, sick leave accrual, retirement benefits, and health care coverage. After five days, Veolia and ATU reached an agreement to halt the strike that had reduced bus service to six percent of normal. (CBS5, “Striking Bus Drivers Vote on New Contract,” March 14, 2012; Arizona Republic, “Phoenix Bus Lines Facing a Strike,” March 10, 2012)

ATU Filed 15 Complaints for Bad Faith Negotiating, Unfair Labor Practices Against Veolia

Prior to calling a strike against Veolia Transportation Services, the Amalgamated Transit Union Local 1433 filed 15 complaints for “bad faith negotiating and other unfair labor practices” with the NLRB against the transportation company. The Phoenix bus drivers went on strike in March 2012 after failing to come to an agreement with Veolia after over 20 months of negotiation. ATU financial secretary complained about Hock’s and Veolia’s “refusal to bargain.” According to the Arizona Republic:

“’It's their refusal to bargain,’ Cornelius said. ‘We're happy with the wages.’

Page 13 of 40

The union has filed 15 complaints for bad faith negotiating and other unfair labor practices against the company with the National Labor Relations Board, Cornelius said.” (Arizona Republic, “Phoenix Bus Lines Facing a Strike,” March 10, 2012)

Veolia Placed Job Listings for Temporary Bus Drivers Amidst Contract Negotiations

According to the Phoenix New Times, Veolia placed job listings for temporary bus drivers amidst contract negotiations with the ATU, Teamsters Local 104 the International Union of Operating Engineers 428. The ads were placed in the Arizona Republic and on careerbuilder.com. According to the Phoenix New Times:

“Veolia has been placing ads in newspapers for replacement bus drivers in case of a strike. One ad listed on careerbuilder.com said jobs were ‘temporary positions with the opportunity for regular full-time position.’

It's a move that has been criticized by workers, who say that by bringing in replacement employees, Veolia is not be negotiating in good faith. One of the issues on the table is whether employees will be able to keep about $6.2 million worth of accrued sick time. (Phoenix New Times, “Bus Strike? Veolia Transportation and Union Leaders Still Negotiating; Contracts With at Least One Union Expire at Midnight,” September 30, 2010)

Veolia Brought In About 200 Replacement Drivers and Supervisors Amidst Contract Negotiations

In addition to placing job listings for temporary workers, Veolia brought in about 200 replacement drivers and supervisors amidst contract negotiations with the three unions. According to the Phoenix New Times:

“Union reps aren't happy because, in the midst of "good faith" negotiations, Veolia executives placed ads in the Arizona Republic seeking temporary bus drivers and have flown in about 200 replacement drivers and supervisors, like Wingfield, from all over the country.” (Phoenix New Times, “Phoenix Transit Workers Protest as Veolia Brings in ‘Strike Busters’,” August 10, 2010)

SUN TRAN WORKERS WENT ON TWELVE DAY STRIKE OVER AN IMPASSE WITH PTM OVER CONTRACT NEGOTIATIONS (2001)

In September 2001, Sun Tran workers went on a 12 day strike after they failed to reach an agreement with PTM over contract negotiations. About 400 Sun Tran workers – represented by Teamsters Local 104 – called for an increase in Sun Tran’s total budget so they could receive a pay increase. The strike affected bus service in the Tucson area for twelve days before the two sides reached an agreement. (Arizona Daily Star, “Union Still Waiting in Wake of Sun Tran Talks,” September 13, 2001; KVOA, “Sun Tran Strike Looming for Employees, Mostly Bus Drivers,” July 30, 2010)

Page 14 of 40

Colorado

COLORADO SPRINGS TERMINATED CONTRACT WITH PTM; CITY OFFICIAL SAID TERMINATION NOT RELATED TO DISPUTES WITH UNIONS (2006)

In February 2006, Colorado Springs, Colorado decided to terminate its contract with PTM to operate the city’s bus system. Sherre Ritenour claimed that cutting the contract short was a financial decision and was unrelated to PTM’s disputes with the unions representing Colorado Springs transit workers. According to The Gazette:

“Colorado Springs in February cut short its contract with PTM and requested proposals for a new contractor to handle bus service. The proposals are being evaluated, and a new contractor is expected to take over in September, Ritenour said.

The city's termination of the contract with PTM is unrelated to PTM's dispute with the union, Ritenour said. Instead, the city is ending the contract because transportation officials think the city can save money under a service contract instead of a management contract.” (The Gazette, “Millions for Bus System at Risk,” June 25, 2006)

Page 15 of 40

ATU Union Sued PTM for Failing to Participate in Arbitration Requirements (2005)

In July 2005, the Amalgamated Transit Union Local 19 filed a lawsuit against PTM for refusing to participate in arbitration. The ATU requested arbitration hearings after the two sides were unable to come to an agreement after the previous contract had expired on December 31, 2004. In the subsequent months, PTM had refused to participate in arbitration. According to The Gazette:

“The company refused in June to participate in arbitration with the union, arguing that the federal law that required arbitration when the contract was signed had changed last year to drop the requirement, according to the lawsuit, which is still pending.” (The Gazette, “Drivers Union Files Suit Against Bus System,” September 1, 2005)

PTM LAID OFF ELEVEN COLORADO WORKERS JUST TWO WEEKS AFTER THEY STARTED THEIR JOB (2005)

In July 2005, PTM laid off 11 bus operators in Colorado Springs just two weeks after they started their jobs. The new employees were hired to accommodate an increase in bus service. However, they were all laid off in the middle of their six-week training program when Colorado Springs officials decided to let other companies (not PTM) manage the new routes. (The Gazette, “Firm Lays Off Bus Drivers in Training City Touts Competition for Routes to Add Value,” July 21, 2005)

Kentucky

UNION ASKED LEXTRAN BOARD TO TERMINATE RELATIONSHIP WITH PTM, FIRE GARCIA CREWS AS GENERAL MANAGER (2005)

In January 2011, leaders of ATU Local 639 called on the LexTran board to terminate the transit systems’ relationship with PTM and fire Garcia Crews as the agency’s general manager. PTM had managed the Lexington, Kentucky bus system since 2002. The union listed 11 complaints in a letter to LexTran citing its grievances. The union charged that PTM had unfairly singled out a bus driver, changed health care policies and had inconsistent discipline policies between employees and management. According to the Lexington Herald Leader:

“The union alleges that:

A union official critical of management was unfairly singled out. Bus driver Travis Buskirk was suspended without pay for two days last month after he admitted he failed to report a bus defect.

LexTran violated its contract with the union by changing health care benefits, implementing a zero-tolerance drug policy and promoting employees with less seniority. Workers also want changes to overtime pay.

Employees have received harsher punishment than managers for violating the same policies.

The union listed 11 complaints in a letter to LexTran managers making the demands. At least four disputes could go to arbitration, and the union might file a complaint with from the Occupational Safety and Health Administration.” (Lexington Herald Leader, “LexTran Workers Ask Manager to Resign,” January 16, 2005)

Page 16 of 40

Massachusetts

HOCK ACCUSED OF “SURFACE BARGAINING”, PROVIDING PROPOSALS “DESIGNED NOT TO MAKE PROGRESS” IN NEGOTIATIONS IN MASSACHUSETTS (2007)

In July 2007, Hock was accused of “surface bargaining” and providing proposals “designed not to make progress” in contract negotiations with ATU Local 22 in Worcester, Massachusetts. ATU’s business agent Christopher Bruce claimed that Hock was making the contract negotiations difficult by slowing down the bargaining process. Bruce also threatened to file an unfair bargaining practice complaint against Hock and RTA Transit – a subsidiary of PTM that was contracted to operate the Worcester Regional Transit Authority. According to the Telegram & Gazette:

“While neither side publicly disclosed its positions on wages and benefits, Mr. Bruce said the way the negotiations are proceeding is more of a problem than the positions. He said that Thomas Hock, president and CEO of PTM, parent company of RTA Transit, has attended only the most recent two bargaining sessions and does not recognize the progress he said was made while Mr. Carney headed the company bargaining team in the first eight sessions.

Mr. Bruce said that the unfair bargaining practice complaint he wants to file would allege making offers that are worse than previous offers and "surface bargaining" designed not to make progress. Union members who go on strike are protected from being replaced if there is an unfair labor practice charge pending.

Mr. Bruce also said that Mr. Hock said he will not be available to meet again until next month. He also said he believes Mr. Hock was trying to circumvent the Local 22 executive board by saying that he would not meet with the union again without the presence of a union vice president. (Telegram & Gazette, “RTA Labor Talks End in the Toilet,” July 18, 2007)

Bruce also accused Hock of making a proposal that lacked any substance and was unlike any proposal or offer he had ever seen in his 13 year career. According to the Telegram & Gazette:

“Mr. Bruce said that what Thomas Hock, head of PTM, the parent company of RTA Transit Services, presented is "not an offer, it's not a proposal, it's a grid on a piece of paper. It's not anything like any proposal or offer that I've ever seen in bargaining" in 13 years of representing Local 22. (Telegram & Gazette, “WRTA, Union Cannot Agree,” August 4, 2007)

ATU Reportedly Filed Unfair Labor Practice Complaint Against RTA Transit Services For Violating Contract

In August 2007, Bruce said that ATU Local 22 had filed an unfair labor practice complaint against RTA Transit Services. The complaint stemmed from RTA Transit Services’ refusal to pay union board members at bargaining sessions, as required by the contract. Under the contract, the union would then reimburse the company for the wages paid. According to the Telegram & Gazette:

“Mr. Bruce said, since the company halted its practice, as required by the contract, of paying board members at bargaining sessions as though they were working and then allowing the union to reimburse the company.

He said the union has filed a grievance and an unfair labor practice complaint because board members are penalized in vacation and pension benefits if the union and not the company directly pays the board members. (Telegram & Gazette, “WRTA, Union Cannot Agree,” August 4, 2007)

Page 17 of 40

BUS OPERATORS IN WORCESTER WENT ON STRIKE FOR 66 DAYS (2004)

Between July and September 2004, employees of the Worcester Regional Transit Authority (WRTA) were on strike for 66 days before reaching an agreement with Hock and PTM. The stalemate was over new contracts for mechanics and bus operators represented by ATU Local 22. (Telegram & Gazette, “Strike Over; Buses to Roll Tomorrow,” September 11, 2004)

ATU Local 22 President Said Nobody Was Authorized to Make Decisions without Hock

During the strike, ATU Local 22 President Richard Hanny said that nobody on PTM’s side was authorized to make decisions without Hock present. Hanny said that the two sides had only had two mediation sessions in the first six weeks of the strike. According to the Telegram & Gazette:

“The union president said there have been only two mediation sessions since the strike began. He said that PTM President Mr. Hock is in Ohio and appears to have no one in Worcester authorized to make decisions without him.” (Telegram & Gazette, “Tension Mounts in Strike,” August 18, 2004)

New York

HOCK CALLED “DISRESPECTFUL” DURING CONTRACT NEGOTIATIONS IN DUTCHESS COUNTY; REPORTEDLY SAID CONTRACT PROPOSAL “WAS NOT OPEN TO NEGOTIATION” (2007)

In August 2008, Hock was called “disrespectful” during contract negotiations in Dutchess County in New York. Robert Carroll, vice president of Teamsters Local 445, claimed that Hock had said that his contract proposal “was not open to negotiation.” The negotiations were over a contract between about 100 workers who operate the LOOP bus system and PTM, which operates the bus system. According to the Poughkeepsie Journal:

“Carroll disputed the characterization of PTM's work as in good faith.

He said Tom Hock, president of PTM and lead negotiator, ‘simply plopped his contract proposal on the table and said it was not open to negotiation, that it was the final offer.’

‘He was very disrespectful,’ Carroll said.” (Poughkeepsie Journal, Union Vote Could Spark Bus Strike,” August 18, 2007)

Page 18 of 40

LOOP EMPLOYEES IN DUTCHESS COUNTY HAVE GONE ON STRIKE TWICE DUE TO STRAINED RELATIONS WITH PTM (2003, 2005)

Between 2003 and 2005, LOOP employees in Dutchess County had gone on strike two separate times due to a strained relationship with PTM. According to the Poughkeepsie Journal:

“Strained relations between the union and PTM have prompted two bus strikes in recent years - a weeklong strike in January 2003 and a one-day strike in March 2005.” (Poughkeepsie Journal, “Bus Union Asks for Intervention,” July 11, 2007)

Teamsters Union Filed Complaint with NLRB Accusing PTM of Engaging in “Bad Faith Bargaining” After A Strike Shut Down Bus Operations

In March 2005, after a one-day strike that shut down bus operations in Dutchess County, Teamsters Local 445 filed charges a complaint with the NLRB accusing PTM of engaging in “bad faith bargaining.” On March 2, 2005, four dispatches went on strike to protest their contracts with PTM. About 60 Loops LOOP drivers and mechanics joined the four mechanics in a picket. The protests were successful in shutting down nearly all of LOOP’s operations. The two sides agreed to resume negotiations after the one-day strike. (Poughkeepsie Journal, “Union Accuses Bus Firm of Improper Labor Practice,” March 31, 2005; Poughkeepsie Journal, “Talks Revive, Buses Roll,” March 3, 2005)

Following the strike, Teamsters union leaders filed a complaint with the accusing PTM of “improper labor practices.” According to the Poughkeepsie Journal:

“The Teamsters union representing workers at the Dutchess County LOOP bus system have filed charges of improper labor practice against the contractor company running LOOP.

Professional Transit Management Inc., or PTM, engaged in ‘bad faith bargaining’ with Teamsters Local 445, said its business agent, Rodney VanVoorhis, who said he was slated to give a formal statement Tuesday to the National Labor Relations Board.” (Poughkeepsie Journal, “Union Accuses Bus Firm of Improper Labor Practice,” March 31, 2005)

Texas

HOCK’S “UNWILLINGNESS TO BARGAIN” BLAMED FOR THREE DAY STRIKE IN TEXAS (2008)

According to KXAN, Hock’s “unwillingness to bargain” with union leaders was to blame for a three day strike of Capital Metro employees in Austin, Texas in November 2008. Hock had been brought in by Capital Metro as an outside negotiator to reach an agreement with ATU Local 1091 in contract discussions. ATU’s spokesperson Bill Kweder claimed that Hock had “no intention” of negotiation and was “intent on pushing” the union to strike. According to KNAX:

“When Capital Metro hired Hock to negotiate a 2008 labor contract with the union representing its bus drivers, things did not go well. Union negotiators blame Hock’s unwillingness to bargain.

‘Tom Hock had no intention of negotiating anything,’ said Bill Kweder, ATU Local 1091 spokesperson. ‘It was my impression from the beginning that he was intent on pushing us to a strike.’

Page 19 of 40

And strike they did. For three days, drivers were off the job before a compromise was reached. When that compromise was reached, it had nothing to do with Hock, Kweder said. (KXAN, “CEO: Cap Metro Must be Transparent,” September 10, 2010)

“Intimately Involved” in Negotiations That Led to Capital Metro Strike (2007)

According to the Austin American-Statesman, Hock was “intimately involved” in the negotiations that led to a November 2007 strike by Cincinnati Metro employees. According to the Austin American-Statesman:

“Garcia Crews had worked for Hock's transit management company before coming to Capital Metro in early 2007 and had not left for Capital Metro when Hock's company was acquired by Veolia Transportation. Veolia, a Capital Metro contractor that had been operating some of the agency's bus routes, took over several more routes in the wake of a union strike in November 2007. Garcia Crews and Hock were intimately involved in the negotiations and labor stalemate that led to that strike.” (Austin American-Statesman, “2 Cap Metro Execs Depart,” October 16, 2010)

Wisconsin

RACINE BUS DRIVERS WENT ON STRIKE FOR “SEVERAL HOURS” OVER CONTRACT DISPUTE WITH PTM (2008)

In August 2008, 93 bus drivers in Racine, Wisconsin, represented by the local Teamsters union, went on strike for “several hours” over a contract dispute with PTM. According to the Milwaukee Journal Sentinel:

“A strike by Racine bus drivers that left riders stranded Monday morning ended after several hours when the drivers reached an agreement with the company that manages the bus system.

The drivers had been working without a contract since July 1. The 93 members of the local Teamsters union were in a dispute over proposed changes by management in insurance coverage for retirees and the transfer of three dispatchers from union to non-union positions.” (Milwaukee Journal Sentinel, “Accord Ends Racine Bus Strike,” August 19, 2008)

Page 20 of 40

National Labor Relations Board

PTM, AFFILIATES NAMED IN 47 COMPLAINTS FILED AGAINST THEM BEFORE THE NATIONAL LABOR RELATIONS BOARD (2005-­‐2012)

Between 2005 and 2012, PTM and its affiliated have had 47 separate cases filed against them before the National Labor Relations Board (NLRB). The charges, which were filed by unions representing PTM employees, include allegations that PTM refused to bargain, took coercive actions and refused to furnish information. Included in the total are complaints filed against RTA Transit Services. RTA Transit Services is a subsidiary of PTM which has operated the WRTA in Worcester, Massachusetts since October 2002. The following table details the cases filed against PTM and its affiliates before the NLRB:

DATE PARTY LOCATION ALLEGATIONS CASE NUMBER

11/27/2012

4/25/2012

7/13/2011

10/8/2010

9/23/2010

8/4/2010

7/8/2010

5/10/2010

PTM of Boise, LLC

R.T.A. Transit Services, Inc.

RTA Transit Services, Inc.

PTM of Attleboro Inc.

PTM of Attleboro Inc.

Professional Transit Management of Tuscon, Inc.

RTA Transit Services, Inc.

PTM of Dutchess County

Boise, ID

Worcester, MA

Worcester, MA

Taunton, MA

Taunton, MA

Tucson, AZ

Worcester, MA

Poughkeepsie, NY

8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)

8(a)(3) Changes in Terms and Conditions of Employment/8(a)(5) Repudiation/Modification of Contract [Sec 8(d)/Unilateral Changes]

8(a)(5) Repudiation/Modification of Contract [Sec 8(d)/Unilateral Changes]

8(a)(5) Refusal to Furnish Information/8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)

8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)/8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]/8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)

8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc.)

27-CA-093812

01-CA-079613

01-CA-061166

01-CA-046431

01-CA-046392

28-CA-023130

01-CA-046260

03-CA-027647

Page 21 of 40

DATE PARTY LOCATION ALLEGATIONS CASE NUMBER

3/29/2010

3/10/2010

3/9/2010

3/9/2010

3/5/2010

3/5/2010

3/3/2010

2/2/2010

11/19/2009

10/6/2009

7/31/2008

RTA Transit Services, Inc.

Professional Transit Management

Professional Transit Management

Professional Transit Management

Professional Transit Management

PTM of Attleboro Inc.

Professional Transit Management

PTM Express Georgia

PTM Management Corp.

PTM of Attleboro Inc.

PTM of Attleboro Inc.

Worcester, MA

Racine, WI

Racine, WI

Racine, WI

Racine, WI

Taunton, MA

Racine, WI

Forest Park, GA

Jamaica, NY

Taunton, MA

Taunton, MA

8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)/8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]

8(a)(1) Concerted Activities (Retaliation, Discharge, Discipline)/8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(3) Changes in Terms and Conditions of Employment

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(3) Changes in Terms and Conditions of Employment/8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc.)

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(3) Changes in Terms and Conditions of Employment/8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc.)

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(3) Changes in Terms and Conditions of Employment/8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc.)

8(a)(3) Changes in Terms and Conditions of Employment/8(a)(3) Discipline/8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)

8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc.)/8(a)(3) Changes in Terms and Conditions of Employment/8(a)(1) Coercive Actions (Surveillance, etc)

8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]

8(a)(3) Discharge (Including Layoff and Refusal to Hire (not salting))/8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc.)

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Refusal to Furnish Information/8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)

8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]/8(a)(1) Coercive Actions (Surveillance, etc)

01-CA-046059

30-CA-018620

30-CA-018619

30-CA-018618

30-CA-018613

01-CA-046003

30-CA-018610

10-CA-038238

29-CA-029915

01-CA-045690

01-CA-044844

Page 22 of 40

DATE PARTY LOCATION ALLEGATIONS CASE NUMBER

7/31/2008

7/11/2008

7/3/2008

6/25/2008

6/20/2008

9/26/2007

7/24/2007

7/24/2007

7/24/2007

7/3/2007

7/3/2007

7/3/2007

7/2/2007

4/25/2007

4/20/2007

4/5/2007

PTM of Attleboro Inc.

Professional Transit Management of Racine, Inc.

Professional Transit Management of Racine, Inc.

Professional Transit Management of Racine, Inc.

PTM of Attleboro Inc.

PTM of Attleboro Inc.

RTA Transit Services, Inc.

RTA Transit Services, Inc.

RTA Transit Services, Inc.

PTM of Cape Cod

PTM of Cape Cod

PTM of Cape Cod

Professional Transit Management/Dutchess County Loop Mass Transit

PTM of Attleboro Inc.

R.T.A. Transit Services, Inc.

Professional Transit Management d/b/a Sun Tran

Taunton, MA

Racine, WI

Racine, WI

Racine, WI

Taunton, MA

Taunton, MA

Worcester, MA

Worcester, MA

Worcester, MA

South Dennis, MA

South Dennis, MA

South Dennis, MA

Newburgh, NY

Taunton, MA

Worcester, MA

Tucson, AZ

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Refusal to Furnish Information

8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)

8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]

8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Refusal to Furnish Information

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Shutdown or Relocate (e.g. First National Maint.).Subcontract Work

8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]/8(a)(1) Coercive Actions (Surveillance, etc)

8(a)(5) Repudiation/Modification of Contract[Sec 8(d)/Unilateral Changes]/8(a)(1) Coercive Actions (Surveillance, etc)

8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)/8(a)(5) Refusal to Furnish Information

8(a)(3) Discipline/8(a)(1) Coercive Actions (Surveillance, etc)

8(a)(1) Coercive Actions (Surveillance, etc)/8(a)(5) Refusal to Furnish Information

8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing)/8(a)(1) Coercive Actions (Surveillance, etc)

01-CA-044845

30-CA-018073

30-CA-018069

30-CA-018062

01-CA-044746

01-CA-044201

01-CA-044067

01-CA-044068

01-CA-044069

01-CA-044018

01-CA-044019

01-CA-044020

03-CA-026377

01-CA-043902

01-CA-043896

28-CA-021313

Tags: ATU 22Death on Job
Categories: Labor News

Louisville UPS Teamsters: 94% say No

Teamsters for a Democratic Union - Thu, 04/10/2014 - 12:13
April 10, 2014: Louisville UPS Teamsters today voted No on the Louisville Air Supplement by a margin of 2,840 - 185, a whopping 94% No vote. We call upon Hoffa and Hall to change course and back these Teamsters in their righteous stand for contract improvements: more full-time jobs, pay for all time worked, and no concessions on health care benefits. Congratulations to Local 89 members and officers who are united for a good contract.Issues: UPS
Categories: Labor News, Unions

NYC UPS re-hires 250 IBT 804 drivers who were axed for work stoppage after daylong negotiations with union

Current News - Thu, 04/10/2014 - 09:28

NYC UPS re-hires 250 IBT 804 drivers who were axed for work stoppage after daylong negotiations with union
UPS re-hires 250 drivers who were axed for work stoppage after daylong negotiations with union
http://www.nydailynews.com/new-york/queens/ups-re-hires-250-queens-drive...
UPS re-hires 250 drivers who were axed for work stoppage after daylong negotiations with union
After refusing to back down from its decision to terminate 250 drivers, UPS on Wednesday agreed to give them back their jobs. The Atlanta-based company faced criticism for its stance, but then reached an agreement with the union to re-hire the drivers who work from a depot in Maspeth, Queens.
BY GINGER ADAMS OTIS NEW YORK DAILY NEWS Published: Wednesday, April 9, 2014, 10:05 PM Updated: Thursday, April 10, 2014, 8:04 AM

DAVID HANDSCHUH/NEW YORK DAILY NEWS
Public Advocate Letitia James led the charge in supporting the 250 fired drivers by writing a letter to UPS.
UPS wrapped up its bitter labor dispute with the Teamsters union Wednesday night, putting 250 fired workers back in their drivers’ seats.
The accord was struck after Teamsters Local 804 and top UPS executives spent the day negotiating at a Manhattan law firm, sources told the Daily News.
The deal rescinds the termination notices given to 250 Queens drivers after they walked out for 90 minutes on Feb. 26 to protest the firing of longtime driver Jairo Reyes, a union activist.
Reyes also gets his job back, according to the sources.
In return, the union agreed the walkout was “illegal and unauthorized,” said Andy McGowan, media relations director for UPS.
“The settlement includes the following actions: IBT Local 804 agrees to compensate UPS for damages associated with the loss of productive employee time, other company costs and the negative impact on goodwill relating to the February 26 unauthorized walkout and related actions,” McGowan said.
The union agreed to pay the company undisclosed damages for deliveries missed during the 90-minute walkout. In addition, all the drivers who participated have to serve a short suspension, sources said.

ANTHONY DELMUNDO/NEW YORK DAILY NEWS
UPS driver Domenick Dedomenico, 40, delivers some packages at 71-01 Kissena Blvd. in Queens on April 1. Dedomenico is among 250 drivers who will keep their jobs after UPS struck a deal with the union Wednesday.
"We're looking forward to turning the page and writing a new chapter. The drivers delivered their message to UPS about unfair treatment. Now every one them will be back delivering packages," said Tim Sylvester, Local 804 President.
The Atlanta-based shipping company had played hardball with Local 804, refusing to back down from its position that it had the right to fire any worker who participated in the work stoppage. UPS had removed 36 workers from the payroll at the Maspeth depot in the past two weeks.
After negotiations failed last month, the union turned to elected officials and UPS customers for help.
Public Advocate Letitia James wrote the company a letter, reminding it that it had a $43 million contract with the state — as well as other perks, including city parking ticket privileges that saved it millions.
“Today we are celebrating a victory for working-class New Yorkers. The 250 truck drivers at the UPS facility in Maspeth who were in jeopardy of losing their livelihoods will now have their jobs reinstated,” James said Wednesday night. She thanked those who supported the workers and added “We have sent a clear message to corporate America that firing workers en masse for minor workplace disagreements is unacceptable.”
The state Working Families Party also rallied to the union’s cause, launching a petition drive that amassed 100,000 signatures, said Bill Lipton, the party’s state director.

UPS driver Domenick Dedomenico will keep his job after UPS agreed to bring back the 250 drivers who were recently fired.
"Working Families was proud to support the Teamster members who ran an inspiring, relentless campaign to mobilize hundreds of thousands of supporters to defend 250 workers and their families,” Lipton said.
UPS, which employs 6,000 union workers citywide and 16,000 across the state, said it valued its business with New York and hoped to maintain its good relationship.
But the company said it couldn’t condone walkouts like the one Feb. 26 because they put its customer relations in jeopardy.
Some customers, however, let the company know they didn’t approve of the decision to fire the drivers.
“You’re firing 250 drivers/workers and guess what? I’m firing you!! I’m boycotting UPS until these people are rehired!!” customer Rose Mary Rios wrote on Facebook on Wednesday, before the agreement was announced.
“Stop firing drivers in retaliation,” wrote Leon Laporte, in one of several dozen messages left in support of the workers.
With Tim O'Connor
gotis@nydailynews.com

Tags: IBT 804upsunion bustingsolidarityretaliation
Categories: Labor News

NYC UPS re-hires 250 IBT 804 drivers who were axed for work stoppage after daylong negotiations with union

Current News - Thu, 04/10/2014 - 09:28

NYC UPS re-hires 250 IBT 804 drivers who were axed for work stoppage after daylong negotiations with union
UPS re-hires 250 drivers who were axed for work stoppage after daylong negotiations with union
http://www.nydailynews.com/new-york/queens/ups-re-hires-250-queens-drive...
UPS re-hires 250 drivers who were axed for work stoppage after daylong negotiations with union
After refusing to back down from its decision to terminate 250 drivers, UPS on Wednesday agreed to give them back their jobs. The Atlanta-based company faced criticism for its stance, but then reached an agreement with the union to re-hire the drivers who work from a depot in Maspeth, Queens.
BY GINGER ADAMS OTIS NEW YORK DAILY NEWS Published: Wednesday, April 9, 2014, 10:05 PM Updated: Thursday, April 10, 2014, 8:04 AM

DAVID HANDSCHUH/NEW YORK DAILY NEWS
Public Advocate Letitia James led the charge in supporting the 250 fired drivers by writing a letter to UPS.
UPS wrapped up its bitter labor dispute with the Teamsters union Wednesday night, putting 250 fired workers back in their drivers’ seats.
The accord was struck after Teamsters Local 804 and top UPS executives spent the day negotiating at a Manhattan law firm, sources told the Daily News.
The deal rescinds the termination notices given to 250 Queens drivers after they walked out for 90 minutes on Feb. 26 to protest the firing of longtime driver Jairo Reyes, a union activist.
Reyes also gets his job back, according to the sources.
In return, the union agreed the walkout was “illegal and unauthorized,” said Andy McGowan, media relations director for UPS.
“The settlement includes the following actions: IBT Local 804 agrees to compensate UPS for damages associated with the loss of productive employee time, other company costs and the negative impact on goodwill relating to the February 26 unauthorized walkout and related actions,” McGowan said.
The union agreed to pay the company undisclosed damages for deliveries missed during the 90-minute walkout. In addition, all the drivers who participated have to serve a short suspension, sources said.

ANTHONY DELMUNDO/NEW YORK DAILY NEWS
UPS driver Domenick Dedomenico, 40, delivers some packages at 71-01 Kissena Blvd. in Queens on April 1. Dedomenico is among 250 drivers who will keep their jobs after UPS struck a deal with the union Wednesday.
"We're looking forward to turning the page and writing a new chapter. The drivers delivered their message to UPS about unfair treatment. Now every one them will be back delivering packages," said Tim Sylvester, Local 804 President.
The Atlanta-based shipping company had played hardball with Local 804, refusing to back down from its position that it had the right to fire any worker who participated in the work stoppage. UPS had removed 36 workers from the payroll at the Maspeth depot in the past two weeks.
After negotiations failed last month, the union turned to elected officials and UPS customers for help.
Public Advocate Letitia James wrote the company a letter, reminding it that it had a $43 million contract with the state — as well as other perks, including city parking ticket privileges that saved it millions.
“Today we are celebrating a victory for working-class New Yorkers. The 250 truck drivers at the UPS facility in Maspeth who were in jeopardy of losing their livelihoods will now have their jobs reinstated,” James said Wednesday night. She thanked those who supported the workers and added “We have sent a clear message to corporate America that firing workers en masse for minor workplace disagreements is unacceptable.”
The state Working Families Party also rallied to the union’s cause, launching a petition drive that amassed 100,000 signatures, said Bill Lipton, the party’s state director.

UPS driver Domenick Dedomenico will keep his job after UPS agreed to bring back the 250 drivers who were recently fired.
"Working Families was proud to support the Teamster members who ran an inspiring, relentless campaign to mobilize hundreds of thousands of supporters to defend 250 workers and their families,” Lipton said.
UPS, which employs 6,000 union workers citywide and 16,000 across the state, said it valued its business with New York and hoped to maintain its good relationship.
But the company said it couldn’t condone walkouts like the one Feb. 26 because they put its customer relations in jeopardy.
Some customers, however, let the company know they didn’t approve of the decision to fire the drivers.
“You’re firing 250 drivers/workers and guess what? I’m firing you!! I’m boycotting UPS until these people are rehired!!” customer Rose Mary Rios wrote on Facebook on Wednesday, before the agreement was announced.
“Stop firing drivers in retaliation,” wrote Leon Laporte, in one of several dozen messages left in support of the workers.
With Tim O'Connor
gotis@nydailynews.com

Tags: IBT 804upsunion bustingsolidarityretaliation
Categories: Labor News

NYC UPS re-hires 250 IBT 804 drivers who were axed for work stoppage after daylong negotiations with union

Current News - Thu, 04/10/2014 - 09:16

NYC UPS re-hires 250 IBT 804 drivers who were axed for work stoppage after daylong negotiations with union
UPS re-hires 250 drivers who were axed for work stoppage after daylong negotiations with union
http://www.nydailynews.com/new-york/queens/ups-re-hires-250-queens-drive...
UPS re-hires 250 drivers who were axed for work stoppage after daylong negotiations with union
After refusing to back down from its decision to terminate 250 drivers, UPS on Wednesday agreed to give them back their jobs. The Atlanta-based company faced criticism for its stance, but then reached an agreement with the union to re-hire the drivers who work from a depot in Maspeth, Queens.
BY GINGER ADAMS OTIS NEW YORK DAILY NEWS Published: Wednesday, April 9, 2014, 10:05 PM Updated: Thursday, April 10, 2014, 8:04 AM

DAVID HANDSCHUH/NEW YORK DAILY NEWS
Public Advocate Letitia James led the charge in supporting the 250 fired drivers by writing a letter to UPS.
UPS wrapped up its bitter labor dispute with the Teamsters union Wednesday night, putting 250 fired workers back in their drivers’ seats.
The accord was struck after Teamsters Local 804 and top UPS executives spent the day negotiating at a Manhattan law firm, sources told the Daily News.
The deal rescinds the termination notices given to 250 Queens drivers after they walked out for 90 minutes on Feb. 26 to protest the firing of longtime driver Jairo Reyes, a union activist.
Reyes also gets his job back, according to the sources.
In return, the union agreed the walkout was “illegal and unauthorized,” said Andy McGowan, media relations director for UPS.
“The settlement includes the following actions: IBT Local 804 agrees to compensate UPS for damages associated with the loss of productive employee time, other company costs and the negative impact on goodwill relating to the February 26 unauthorized walkout and related actions,” McGowan said.
The union agreed to pay the company undisclosed damages for deliveries missed during the 90-minute walkout. In addition, all the drivers who participated have to serve a short suspension, sources said.

ANTHONY DELMUNDO/NEW YORK DAILY NEWS
UPS driver Domenick Dedomenico, 40, delivers some packages at 71-01 Kissena Blvd. in Queens on April 1. Dedomenico is among 250 drivers who will keep their jobs after UPS struck a deal with the union Wednesday.
"We're looking forward to turning the page and writing a new chapter. The drivers delivered their message to UPS about unfair treatment. Now every one them will be back delivering packages," said Tim Sylvester, Local 804 President.
The Atlanta-based shipping company had played hardball with Local 804, refusing to back down from its position that it had the right to fire any worker who participated in the work stoppage. UPS had removed 36 workers from the payroll at the Maspeth depot in the past two weeks.
After negotiations failed last month, the union turned to elected officials and UPS customers for help.
Public Advocate Letitia James wrote the company a letter, reminding it that it had a $43 million contract with the state — as well as other perks, including city parking ticket privileges that saved it millions.
“Today we are celebrating a victory for working-class New Yorkers. The 250 truck drivers at the UPS facility in Maspeth who were in jeopardy of losing their livelihoods will now have their jobs reinstated,” James said Wednesday night. She thanked those who supported the workers and added “We have sent a clear message to corporate America that firing workers en masse for minor workplace disagreements is unacceptable.”
The state Working Families Party also rallied to the union’s cause, launching a petition drive that amassed 100,000 signatures, said Bill Lipton, the party’s state director.

UPS driver Domenick Dedomenico will keep his job after UPS agreed to bring back the 250 drivers who were recently fired.
"Working Families was proud to support the Teamster members who ran an inspiring, relentless campaign to mobilize hundreds of thousands of supporters to defend 250 workers and their families,” Lipton said.
UPS, which employs 6,000 union workers citywide and 16,000 across the state, said it valued its business with New York and hoped to maintain its good relationship.
But the company said it couldn’t condone walkouts like the one Feb. 26 because they put its customer relations in jeopardy.
Some customers, however, let the company know they didn’t approve of the decision to fire the drivers.
“You’re firing 250 drivers/workers and guess what? I’m firing you!! I’m boycotting UPS until these people are rehired!!” customer Rose Mary Rios wrote on Facebook on Wednesday, before the agreement was announced.
“Stop firing drivers in retaliation,” wrote Leon Laporte, in one of several dozen messages left in support of the workers.
With Tim O'Connor
gotis@nydailynews.com

Tags: upsIBT 804firingsretaliation
Categories: Labor News

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