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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.
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MARCH 2, 2012