Letter From Mr. Bradley Thomas, President First Transit

ROFL! I received a certified letter signed by Mr. Bradley Thomas, the President of First Transit and since I don't intend to respond, I'd like to publicly thank him; the original purpose of this blog was to rant about First Transit and I needed a new topic. I'll also offer a few thoughts on the content of the letter as that new topic.

You can read the letter by clicking on the post title. I apologize for the file size, I haven't figured out how to create small PDF files from scanned images.

I think Mr. Thomas missed his calling. Major Corporation President instead of stand-up comedian? Doesn't even seem like a close call to me, he's much too funny to hide in an office all day. I will say, however, that there are those who complain that the First Transit act is getting a little "stale" and that the company needs some new material. I find it hilarious no matter how many times I hear the same thing but I see the point.

"FMLA does not provide or require for a medical leave of longer than 12 weeks, and while you may have received correspondence on several occasions related to FMLA, that correspondence does not entitle you to additional coverage under FLMA"  excerpt from Mr Thomas's letter

May have? "Did receive" is more accurate. Actually, there is only one letter of any importance and there is no maybe, the letter is posted as the first letter I received from First Transit HR (5 months after I got sick). 

I wonder if the company hack lawyers have ever explained equitable estoppel to Mr. Thomas? I believe there is  an  earlier post explaining the concept in terms simple enough for me to understand so I can't see how anyone else could have a problem. I'm not that bright.

If you want to know why the letter was written, you'll have to ask Jorae Mitchell-Robson, she wrote it. 

"In your case, the union contract........... we are unable to continue your employment beyond 

that point..........."  excerpt  from Mr. Thomas's letter

What's the phrase I'm looking for? Oh, right. Horse Manure. I couldn't believe it the first time I heard "the union made me do it" from the company so I asked if there was collusion between the company and union. Here's the union reply:

Mr. Seale:

Due to the ongoing complaints you have lodged, and the necessity of our responding through those forums, you will not hear often from the Union.  This, however, is clearly one of those issues that demands an immediate response.

No, our CBA language with First Transit does NOT requires the Company to terminate anyone.  The CBA merely states the maximum amount of leave that First Transit MUST provide to an employee.  As you know, the CBA extends an employee's right to leave by virtually doubling the standards of the FMLA.  Without our union contract in place, an employee could be fired as soon as they have exhausted their FMLA leave and are unable to return to work.  We fought hard to get that language to protect our members, and would gladly extend that protection beyond six months if the Company were ever to agree.

I can only assume that some sort of miscommunication took place during your recent conversation with Ms.Gray.

William B. Jones
General Counsel 
ATU Local 1001

I can't offer an explanation of why the company and union differ on the matter, perhaps it's just part of their Abbott and Costello act. As far as Mr. Jones assuming that there was miscommunication between me and Gayle Gray, the company has claimed from day 1 they had to fire me because the union collective bargaining agreement forced them to. Compare the positions of both the company and union straight from the horse's mouth (or is it another part of the horse's anatomy?)

You do have to give the company credit for their persistence; that's their story and they're sticking to it!

"We understand that a National Labor Relations Board complaint has been filed and that the union has supported the Company's position with respect to the six-month period of leave provided in your case"  excerpt from Mr. Thomas's letter"

No seegar to Mr. Thomas for that statement. Yes, I have filed a complaint with the NLRB - against my union - the complaint has nothing to do with being fired; it's for the union failing to represent me when I was fired and had a legitimate grievance. Geeez - get the facts right. If you don't know, Ask me!

"Our offer for reemployment was made to you in March, 2009............" excerpt from Mr. Thomas's letter

I hate to split hairs but what the company has offered is that I could apply for a job and the company might hire me. Yup, Amy Therien told me I could apply for a job, then later Gayle Gray and I had a conversation where we "hypothetically"discussed the issue. When I told Ms. Gray that I would likely sue First Transit regardless, she said "I guess that we have nothing to talk about, do we?" 

I could, like anyone, apply for a job. On the very slim chance I'd actually get hired, I'd lose my seniority, I'd have to go through driver training as a new hire ($9 bucks an hour when I originally did it) and I'd have to start paying dues to ATU Local 1001, the LU I've filed "on going" complaints against, accused of mishandling member money and intend to sue to force disclosure in two months and a few days.

Hmmm, I have to give that idea some serious consideration. Perhaps I could even convince the union to expel me. It might be fun but then again, I suspect I'd be hired and fired in record time.

"While we understand you may have been confused by the correspondence provided to you by the Company, and the requirements of FMLA are complicated as well, the Company has provided to you all leaves to which you are entitled" excerpt from Mr. Thomas's letter

I think the situation is pretty simple and I'm not in the least confused. Based on the facts, perhaps people at the company are confused. I didn't screw up, Jorae Mitchell-Robson, representing First Transit, did! I just wish people would get the facts straight and quit trying to lay off their piss poor performance on me. I've followed the rules, can the company or union make the same claim?

I'll ask one more time, "What 'just cause' or company policy allowed First Transit to legally fire me?" I've been asking since January and still not gotten a direct answer to the question. Just the same old tap dancing time after time. The statute of limitations is two years.