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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (March 2, 2012)
Broadway Floral for the BEST flowers call 503-288-5537 1638 NE Broadway, Portland Employment Relations Board rules against TriMet, says it owes workers retroactive wage increases The Oregon Employment Relations Board (ERB) has ruled against TriMet on an unfair labor practice (ULP) charge filed by Amalgamated Transit Union Local 757 over wages. The union represents 2,000 bus and rail operators, mechanics, and support staff at the transit agency. In the ruling handed down Feb. 16, the Employment Relations Board or- dered TriMet to include in its final offer to an arbitrator a wage proposal that re- flected its position at the bargaining table — which was status quo. “What that means is that TriMet must continue the wage increase lan- guage from the expired 2003-09 con- tract,” said Jon Hunt, president of Local 757. Hunt said TriMet must increase all unionized employee wages by 3 per- cent retroactive to June 1, 2011; by 2.1 percent retroactive to Dec. 1, 2011, and by 2.9 percent on June 1, 2012. The sides have been without a col- lective bargaining agreement since Nov. 30, 2009. Transit workers in Ore- gon cannot strike, but are subject to binding arbitration. Under binding ar- bitration a neutral third-party arbitrator must accept one party’s package of proposals in its entirety. As that process started to play out, the union filed a ULP, asserting that TriMet violated the law by including in its “final offer” to the arbitrator propos- als on new issues that were not previ- ously raised in table bargaining or dur- ing mediation. In September, ERB agreed with Lo- cal 757, and ordered TriMet to cease and desist. TriMet appealed the ruling and lost. In December, TriMet submit- ted a revised final offer. The union claimed that that offer, too, did not comply with ERB’s order. On Feb. 16, ERB agreed with the union and handed down its order on wages. “This is a colossal error made by TriMet negotiators,” Hunt said. “They failed and/or refused to put a wage of- fer on the bargaining table. Then they tried to correct that failure at the last minute by proposing a brand-new wage proposal to the arbitrator. ERB right- fully rejected this tactic.” Several other ULPs are still pend- ing. One charges TriMet with deduct- ing health insurance premiums from employee paychecks without bargain- ing. Others allege retaliation against union officers and violating the con- tract as it pertains to fair inspectors. Should TriMet lose again, it could be liable for reimbursing active and re- tired TriMet employees for insurance premiums to the tune of $10 million. Hunt said TriMet has repeatedly blamed the workers’ union for its budget problems and failure to obtain a contract. Hunt said the media, too, has joined the bandwagon, calling for changes to TriMet’s board of directors, the union, and even the Employment Relations Board in an attempt to blame them for TriMet’s financial trouble. “It’s not the union leadership or the ERB that needs changing,” Hunt said. “It’s time for new top management leadership at TriMet. No more excuses. “How many more millions of dol- lars will taxpayers have to foot the bill for because of poor management deci- sions?” Hunt told the Labor Press that the union is preparing for a no-confidence vote against TriMet General Manager Neil McFarlane. Ron Heintzman, a former ATU in- ternational union president and presi- dent of Local 757 between 1988 and 2002, said TriMet’s current administra- tion is one of the most anti-union ad- ministrations he’s seen in his 30-year association with the transit agency. “I’ve worked with four general managers and numbers of TriMet board members over past years, and I would have to say that this manage- ment team has the worst labor-relations record and a clear inability to treat TriMet workers fairly.” he said. “In my opinion, they have a clear union-bust- ing agenda.” Binding arbitration is scheduled to begin May 14. IN MEMORIAM J IMMIE P SAROS , a former vice pres- ident of Machinists Lodge 1005 and a delegate to the Northwest Labor Coun- cil, passed away Feb. 7. Cause of death was amyotrophic lateral sclerosis, or Lou Gehrig’s disease. He was 71. Psaros worked at the Freightliner Truck Plant for 34 years. He retired in 1999 due to health reasons. Psaros was born Feb. 24, 1940, in Weed, Calif. He is survived by his wife of 31 years, Cathie; daughters, Diane Taylor and Kristi Psaros; two grandchildren; and mother, Ina Phillips. (International Standard Serial Number 0894-444X) Established in 1900 at Portland, Oregon as a voice of the labor movement. 4275 NE Halsey St., P.O. Box 13150, Portland, Ore. 97213 Telephone: (503) 288-3311 Editor: Michael Gutwig Staff: Don McIntosh, Cheri Rice Published on a semi-monthly basis on the first and third Fridays of each month by the Oregon Labor Press Publishing Co. Inc., a non- profit corporation owned by 20 unions and councils including the Oregon AFL-CIO. Serving more than 120 union organizations in Ore- gon and SW Washington. Subscriptions $13.75 per year for union members. Group rates available to trade union organizations. PERIODICALS POSTAGE PAID AT PORTLAND, OREGON. CHANGE OF ADDRESS NOTICE: Three weeks are required for a change of address. When ordering a change, please give your old and new addresses and the name and number of your local union. POSTMASTER: Send address changes to NORTHWEST LABOR PRESS, P.O. BOX 13150, PORTLAND, OR 97213-0150 PAGE 2 NORTHWEST LABOR PRESS MARCH 2, 2012