ATU Local 1001 CBA Ratifaction Election

I have a couple of questions for the officers of the local. I don't have copy of the new CBA but as I understand it, the contract was effective January 1st, 2009. Isn't it normal practice for the new contract to take effect as of the date the old contract expired? Perhaps I'm wrong but how is to the members benefit to lose a month of the raise? Perhaps I could get it straight in my simple mind if you'd send me a copy of the contract.

On a similar note, the website, http://www.atu1001.org/, still does not have an updated copy of the CBA. The election was held on January 10th, 2009 and I'd think that it's not that difficult to get a .pdf document on the web; I do it all the time. I'm unemployed and am applying for the job if it's the lack of a qualified person that's keeping you from posting it. Gee, do you think that counts as one of my job search contacts for the week? It's a serious offer and my rates are pretty reasonable.

As I promised in a earlier post, I have filed a complaint regarding the contract ratification election held January 10th, 2009. The complaint goes to the Department of Labor, Office of Labor and Management Standards. Here's the email address if you're interested: olms-public@dol.gov

Your rights are protected under 29 C.F.R. 458.2 known as The Bill of Rights of Members of Labor Organizations. Click on the title to this post to read the law. Here is the ATU Local By-Law covering elections. Read it yourself and decide if the local violated your rights:

SECTION 28

Contract Motions

All motions on contract amendments and renewals shall be reduced to writing before being voted upon.

The EB shall determine how new contract changes or modifications in any present contract shall be submitted to a referendum vote of the Membership at special meetings.

Prior to any vote being taken on a contract, the following procedure will be followed:

a) A printed copy of the contract proposal(s) will be made when possible.

b) It will be made available to the Membership forty-eight (48) hours prior to a vote being taken
for ratification when recommended by the contract committee. When the contract committee
recommends non-ratification, the vote will be cast at the conclusion of said meeting.

c) In the event of a strike or lockout, paragraph (b) above shall not be binding.

Here is my email to the DOL OLMS:

To Whom It May Concern:

I wish to file a formal complaint against Amalgamated Transit Union, Local 1001 whose contact information is as follows: ATU Local 10013315 W. 72nd Ave.Westminster, CO 80030303 412-1001303 412-1597 (fax)

The specifics of my complaint are:

I was employed by First Transit and denied the right to vote in the Collective Bargaining Agreement ratification election held January 10th, 2009. Some number of other members of ATU Local 1001 who were employed by First Transit were also denied the right to vote in the same election because of duty responsibilities or lack of notification.

That ATU Local 1001 did not follow the local by-laws in notifying the collective bargaining unit members regarding the proposed Collective Bargaining Agreement and that the election to ratify the Collective Bargaining was in violation of the local by-laws and the rights of all the collective bargaining unit members were violated by the local.

I support my contentions based on the facts as I know them and based on conversations with Mr. Howard Alton, Vice-President, on February 25th, 2009 and a conversation with Mr.Rudy Trujillo, Recording Secretary, on March 4th, 2009. Mr. Alton and Mr. Trujillo both took the position that the "notice was posted" at the work site and the union had no obligation to notify members who were on medical leave and away from the job site. This would also affect other members who did not go into the job site for the short period the notice was posted. I did visit the local web site, http://www.atu1001.org/ on a regular basis and notice was never posted on the web site.

In my conversation with Mr. Trujillo, he also informed me "besides, we wrapped this up in four days and didn't have time to call anyone. Ask your shop steward why he didn't call"

I was a member in good standing on January 10th, 2009. I will be happy to supply the local by-laws on request.

Sincerely,
Larry W. Seale
larrywseale@gmail.com
- Hide quoted text -
---------- Forwarded message ----------From: DOLNCC <DOLNCC@gcrm.com>Date: Tue, Mar 17, 2009 at 1:32 PMSubject: Union Election-DOL007To: larrywseale@gmail.comCc: olms-public@dol.gov
Thank you for contacting the U.S. Department of Labor National Contact Center.
If you have questions or concerns regarding the election of Union officers it is the Office of Labor Management Standards (OLMS) that enforces internal union democracy, financial integrity, union elections, and protects the rights of union members. You may contact the Office of Labor Management Standards at (202) 693-0123 or you can send an email to: olms-public@dol.gov.
You may also visit their website at http://www.olms.dol.gov/ for additional information.
Thank you,
The U.S. Department of Labor National Contact Center
Disclaimer: "This response is for information purposes only and does not constitute an official communication of the U.S. Department of Labor. For an official response, please write: U.S. Department of Labor, 200 Constitution Avenue NW, Washington DC 20210."
[THREAD ID:1-10OTXN]

-----Original Message-----
From: larrywseale@gmail.comTo: <DOLNCC@gcrm.com>Subject: Compliance Assistance
DOLFROM:larrywseale@gmail.com
DOLREFERRINGPAGE:HTTP://WWW.DOL.GOV/CGI-BIN/COMPLIANCE_CONTACTUS.ASP
DOLZIPCODE:80514
DOLAGENCY:OASP
DOLINQUIRY:Compliance Assistance
DOLSUBJECT:Enforcement of 29 U.S.C. 411 Title I
DOLHELPRESOURCE:DOL Personnel,NLRB
Message:I was not given the opportunity to vote in a contract ratification election held on January 10th, 2009 by ATU Local 1001. The way I read the "Bill of Rights of Members of Labor Organizations", the local committed a U.S.C. violation. I also have reason to believe that the election itself violated the local by-laws. I have contacted the NLRB & DOL OLMS but as yet have gotten no help with regard to compliance assistance. Thank you.