If I'm ever sued, this site will go up for sale for the amount of damages sought, along with posting any documents I receive. If you think you can copyright a letter you send to me, go for it.
I'm still learning about blog design and I've found a problem when viewing this blog. It does not behave properly in small browser windows and if your display resolution is less than 1280 pixels wide and/or you are viewing the blog in a window less than 980 pixels blog wide, the right side bar is pushed below any visible post. I've searched the web and looked at the code for hours but can't find the problem. My next step, when I get the time, is to recreate the blog with a new template. Advice is appreciated.

Monday, March 16, 2009

.pdf File Link List

I checked my mail today and there has been (for me at least) a very exciting development concerning the relationship between ATU Local 1001 and me. I'm not sure if I can talk about it right now but I'll post it as soon as I get the O.K. You might ask Holman or Bill Jones, maybe they'll tell you.

I've been ranting about the union and just ignoring First Transit. Just so no one thinks I've forgotten them, I've added a new gadget to my blog. It's a linklist to my letters and other interesting .pdf documents. Some of the documents are pretty large so I'd suggest you don't attempt to read them unless you have a high-speed internet connection and have some time to waste. You also have to have an Adobe product to open them. If you have any doubts about having Adobe, you can get Adobe reader (free) at: http://www.adobe.com/downloads/

I'm hosting my files on a free site so there are several steps to reading the documents. Perhaps, I'll turn loose of a couple of bucks and use the premium service so my links will be true "hot links". For now, you click on a link and it will open a MediaFire window. Click Click Here To Download and you'll get a File Download box. Click Open and the file will download and open in an Adobe window.

The company sent me the first letter, dated December 19th, 2008, telling me to apply for FMLA and sent me a termination letter dated January 26th, 2009. "Wait", I protest, "I'm on FMLA". "Nope, that was a mistake and you're fired". Both letters are posted.

There is a legal doctrine known as equitable estoppel (you made me a promise and I relied on that promise) and I invite anyone interested to look at the analysis of Duty v. Norton-Alcoa Proppants, 52-60


So, after I'm fired I asked the company "Why?" and they answered "Article 34 of the CBA". I've read Article 34 a hundred times and no where does it mention termination. I invite anyone to show me differently. The CBA states that an employee may only be disciplined, including termination, for "just cause" but allows the company to make "reasonable Rules and Regulations". The new employee handbook has several pages describing an administrative termination process but that handbook, i.e. policy, was not implemented until after I was fired.

I've asked both the company and union to show me were the CBA or policy allowed them to fire me and all I've gotten is the same tired answer "Article 34". I've come to the conclusion that the company had no formal policy in effect and they were just winging it. You're welcome to examine the documents and decide for yourself.

As far as the December 19th, 2008 letter goes, the company is just trying to ignore it, I guess hoping it will disappear. Sorry, I have a lot of copies :-)

In closing I'd like to remind you about our conversation with Gary shortly after he became the General Manager. He attended our meeting and told us that the operation was going to change for the better (I applaud him, it did get better in a lot of ways) and that he expected excellence from everyone, including himself. I gave 100% and did my job. Did everyone else? Fess up guys, you know you screwed the pooch big-time.

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