Just Following The Rules!

(4) PROTECTION OF THE RIGHT TO SUE.-- No labor organization shall limit the right of any member thereof to institute an action in any court, or in a proceeding before any administrative agency, irrespective of whether or not the labor organization or its officers are named as defendants or respondents in such action or proceeding, or the right of any member of a labor organization to appear as a witness in any judicial, administrative, or legislative proceeding, or to petition any legislature or to communicate with any legislator: Provided, That any such member may be required to exhaust reasonable hearing procedures (but not to exceed a four-month lapse of time) within such organization, before instituting legal or administrative proceedings against such organizations or any officer thereof: And provided further, That no interested employer or employer association shall directly or indirectly finance, encourage, or participate in, except as a party, any such action, proceeding, appearance, or petition.

Unlike the folks at ATU Local 1001 and First Transit, I follow the rules! I still have many unanswered questions and all that "circling the wagons" does is delay the inevitable.

No one at First Transit has ever responded to my questions:

"What just cause or company policy (in effect and given to employees per the CBA) allowed you to fire me?"

"Don't you think you have an legal obligation to follow the FMLA rules?"

"Didn't you promise me, in your December 19th, 2008 letter, additional FMLA/Medical LOA?"

It's not my fault if your Manager of Human Resources screwed the pooch.

These questions and others will be answered in due time. At least, First Transit wasn't taking my money for the privilege of screwing with my life, that was the job of ATU Local 1001.

In all fairness, I've looked at a lot of union LM-2's and LM-3's and the folks at ATU Local 1001 don't appear so bad in that light so perhaps I should leave them alone. NAW, you took my money for two years.

So the answer from P&BA Carter, VP Alton, FST&ABA Rivera, RS&C Trujillo, lawyer Jones and all members of the EB is silence. I accept that but don't feel need to remain silent myself. I've asked these question with no answer to date:

"Why is it that lawyer Jones has pursued really stupid (in my opinion) grievances in the past and yet considered my claims utterly without merit?" I have chapter and verse to back up every wrong I've claimed. Is it my age? Race? Does the union have a "back room" deal with First Transit? Perhaps the simplest explanation is that I worked for a RTD sub-contractor and not as a RTD public employee.

Speaking of lawyer Jones, "Why does ATU Local 1001 consider him an employee and why does he list his employer as ATU Local 1001 on the Colorado Supreme Court Attorney Search page?" No particular reason for the question, I'm a curious person. Oh, wait, is it possible that the union might save money by contracting for legal service as needed?

"What happened to the $14,920 Local 1755 had on the books when the members merged with Local 1001?"

"Was the 2008 $20,000 donation to the political group, Protect Colorado's Future, ever approved by the members as required in the by-laws?"

"Considering that Howard Alton is the part-time VP paid at 25 hours per month, is he paid over $100 per hour or did someone perhaps "fudge" the amount of time he could be paid for?" Perhaps there's a double-secret, unspoken, officer only rule I'm not aware of.

Chief Stewards are also paid at 25 hours per month. Interesting!

"Why did the union pay Yvette Salazar, a ATU International Representative, a salary as a "Past Business Agent" in 2007?"

"Why is Dan Sundquist, ATU International Organizer, listed as an employee and paid a salary?" 

Seems to me that there might be a conflict with the ATU Constitution if those two folks are being paid by both the INTERNATIONAL AND LOCAL.

"Why won't you send me a copy of the CBA, ratified January 10th, 2009, a copy of the 2008 LM-2 and why won't you allow me to conduct an audit of your financial records?"

Other than those few problems, I get along fine with everyone at ATU Local 1001.