Judge issues TRO to stop The Rapid's interference in Grand Rapids ATU 836 worker leaflet distribution

Judge issues TRO to stop The Rapid's interference in Grand Rapids ATU 836 worker leaflet distribution
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Union can hand out leaflets critical of bus system leaders, judge says
http://www.mlive.com/news/grand-rapids/index.ssf/2015/08/union_can_hand_...
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on August 27, 2015 at 8:01 PM, updated August 28, 2015 at 10:47 AM

A flier distributed by union members at The Rapid Central Station and bus stops.
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GRAND RAPIDS, MI – A federal judge issued a preliminary injunction to prevent The Rapid officials from interfering with union members distributing leaflets at Central Station.

The union is in contentious negotiations after its contract expired nearly two months ago.

U.S. District Judge Janet Neff earlier issued a temporary restraining order in favor of Amalgamated Transit Union, which said the Interurban Transit Partnership, or The Rapid, violated workers' First and Fourteenth Amendment rights with threats of discipline and arrest.

After hearing testimony Thursday, Aug. 27, Neff said workers could continue to hand out leaflets outside of Central Station. She said transit officials, who contended that the Central Station was not a public forum, had earlier allowed – or failed to halt – political gatherings and voter-registration drives.

The Rapid also passed out T-shirts for bus drivers to wear urging support of public transit, RiChard Jackson, a bus driver and president of the Amalgamated Transit Union Local 836, told the judge.

Neff said that policies cited by Interurban Transit Partnership, or ITP, stating it was not a public forum differed from its practice.

"Actual practice speaks louder than words," she said, in her ruling from bench.

Neff said that the plaintiffs showed a likelihood of success at trial. She said the possible deprivation of constitutional rights, in particular, the right to free speech, is of utmost concern, too.

"It is clearly in the public's interest to prevent the violation of the (union workers') constitutional rights," Neff said.

Union workers have been handing out leaflets over a proposal by The Rapid to change workers retirement plans from a defined pension plan to a 457 plan, similar to a 401(k) plan. The leaflets say Rapid CEO Peter Varga and others are collecting high salaries while forcing bus drivers to lose retirement security.

The union said transit officials were upset with the content of their speech, not necessarily their actions. The ITP contended that it's "no solicitation" policy prevented such acts.

ITP Chief Operating Officer Brian Pouget said that the bus service policy says only passengers and patrons are allowed at the bus platform. Others are asked to leave for both security and safety reasons. He insisted that union workers were violating company policy by being on the property while off-duty.

A large gathering of non-riders "would be very disruptive to our patrons, certainly. ... It matters not what the message is," he said.

ITP attorney Gregory Longworth contended that handing out leaflets violated a "no-solicitation policy."

But the judge said that the simple act of offering a leaflet put little to no burden on potential recipients who could decline the flier or throw it away.

Union attorney Sean Morales-Doyle said the transit authority, no matter its stated policy, created an "unreasonable restraint on speech" based solely on the union's message.
He said such rules have not been enforced until now.

Both the union and ITP are operating under a contract extension that expires on Saturday, Aug. 29.

John Agar covers crime for MLive/Grand Rapids Press E-mail John Agar: jagar@mlive.com and follow him on Twitter at twitter.com/ReporterJAgar