Operator Assault Case Update

The case against Geovanny Falcon for the assault on a SMART Transportation Division Bus Operator, has been assigned to the District Attorney’s office and will have a preliminary hearing this week.  DDA Kirsten Brown will be in charge of the case and has offered to keep the SMART TD informed as the case proceeds. 

DDA Brown has suggested that this is a straightforward case that is not expected to make it to trial.  The compelling video evidence and admissions from Mr. Falcon make this a fairly simple case without much defense.  The DA’s office is not taking this case lightly though and is aware of the serious nature of this crime and its importance to our members.  GCA 875 SMART has communicated our desire to see the maximum sentence for Mr. Falcon in order to send a message and deter other potential predators.

The next court date for Mr. Falcon is scheduled for Friday, December 12, 8:30 AM at the Van Nuys West Court House, Department 122.  There will be a preliminary hearing for the assault and a probation violation.  DDA Brown has informed us that any members are welcome to attend any and all court dates but that this first one will probably be postponed or continued to a later date.

As always, we will report back with any new information as it becomes available.

December MTA Board Meeting Review

Yesterday was the first MTA Board Meeting for Supervisors Sheila Kuehl and Hilda Solis.  The very brief agenda was met with lively debate and discussion on the issues and lots of questions from the new members.  Here is a brief review of yesterday’s meeting.

Item #4: FY16 Budget Development

The MTA Board is preparing for their 2016 Budget process and at the heart of the discussion was a projected Operations Budget Shortfall in beginning in 2018 of up to $83 Million and climbing to $250 Million by 2023.  Revenue enhancements were discussed but the big item on the agenda will be cost cutting proposals.  The MTA will spend the next six board meetings discussing strategies to cut cost while limiting the impacts to services.  Some items discussed were eliminating unproductive lines, lines far outside the LA Metro Service area such as Malibu and Disneyland and increasing load ratios. 

Supervisor Hilda Solis suggested allowing other municipal transit companies such as Big Blue Bus and Foothill Transit to take over some of the burden from MTA as opposed to reducing services.

Item #7: Amendment to MTA Policy Providing Complimentary Transit Passes to Sworn Officers

At the September MTA Board Meeting, A motion lead by Mayor Garcetti asked for a report back on expanding a program that provides complimentary transit passes to sworn officers.  The current policy provides “TAP Cards” to on duty officer in uniform.  The motion asked to expand the program to include plain clothes sworn officers on duty and on their way to and from duty.  Officers taking advantage of the program would be required to offer their police services while using the passes.  The idea is that it will increase a police presence on the busses and rails without any additional budget expenditures.

Director Krekorian and Supervisor Solis had issues with the proposed change mainly that officers in uniform serve as a greater deterrent to crime than an officer in plain clothes.  In order to give Supervisor Solis more time to review to the policy change, the item was moved to the January board meeting.

Item #8: Transit Policing Models

A more thorough discussion on transit policing models is already scheduled for the February 2015 meeting so the board moved the item.  To their credit, the board mentioned their distress at not being able to adequately protect the operators and they are very interested in finding solutions to the problem.

December MTA Board Meeting Tomorrow

Tomorrow is a rare December MTA Board Meeting.  The unofficial purpose of this meeting is to welcome the newest Board Members, Supervisors Hilda Solis and Sheila Kuehl.  There will be an abbreviated agenda including funding for projects and staff reports to the board.  One of the reports will be an on Transit Policing Models.  Certainly more can and must be done to improve the policing on the bus and rail system.  No decision on “Policing Models” will be made but it will be interesting to see what information they are given and what comments the members make on the issue.

As always a report will be made if anything of note comes from the board meeting.

http://media.metro.net/board/Agendas/2014/12_december/20141204arbm.pdf

Bus Operator Assailant in Custody

As many of you are aware Geovanny Falcon was arrested on November 27 at 7:15 AM on a tip from his acquaintances.  Mr. Falcon is the man who was wanted by the LA County Sherriff’s department for the brutal assault of a SMART Transportation Division Member and LA Metro Bus operator on November 17.  He was assigned to Men’s Central Jail in Los Angeles on November 30. He is currently being held for the crime of Felony Assault and Battery with bail set at $245,561.  Since Geovanny Falcon is known to be homeless, it is unlikely he will be able to post bail.

The General Committee of Adjustment 875 of the SMART Transportation Division will be requesting a maximum sentence from the District Attorney’s Office for Geovanny Falcon.  Mr. Falcon should serve as a warning to other potential predators that if you assault a bus or rail operator you will be found, you will be arrested and you will be prosecuted to the furthest extent of the law. 

Geovanny Falcon’s case will be prosecuted at the Van Nuys Municipal Court and the SMART TD membership will be kept up to date as this case proceeds.

http://local.nixle.com/alert/5312676/

Union Seeks Public Assistance and More Safety for Operators

November 24, 2014

For Immediate Release:

 

UNION SEEKS PUBLIC ASSISTANCE AND MORE SAFETY FOR OPERATORS

 

IRWINDALE, CA:                 On the night of Nov 17, 2014 an LA Metro Employee and a member of the SMART Transportation Division was brutally assaulted while operating a bus in the West San Fernando Valley.  Today LA Metro and the LA County Sheriff’s Department will hold a press conference at 1 Gateway Plaza to ask for the public’s assistance in finding the individuals involved in the in this senseless attack.  The General Committee of Adjustment 875 (GCA 875) of the SMART Transportation Division (SMART TD) would also like to add our voice to this request for public assistance as well as from our Union Brothers and Sisters.  It is suspected that these individuals are frequent riders of the public transportation system and will re-board a Metro vehicle in the near future.  If you see any of these individuals, who will be revealed at the press conference, please don’t hesitate to report it to the authorities.  These criminals must be found, they must be arrested and they must be prosecuted to the fullest extent of the law.

Also at the conference, Metro will be unveiling a few new programs to assist in the prevention of operator assaults.  One item will be a pilot program to install a two part barrier system to provide separation between the operator and the public.  This is an option that the union has been seeking for over 15 years.  SMART TD fully supports any initiative that promotes and furthers the safety and security of our members.

Earlier this month the Federal Transit Agency (FTA) sent a letter to LA Metro informing them of new oversight rules and regulations for local transit agencies in regards to public and operator safety.  SMART TD will be seeking inclusion in these pilot programs with the FTA to increase operator safety.  These programs will bring best practices as well as federal dollars to tackle the issue of operator safety.  

In the past operator safety has not been granted the appropriate level of attention that it deserves.  It is the hope of SMART Transportation Division GCA 875 that new leadership at the LA County Sheriff’s Department as well as on the LACMTA Board will bring about new ideas and a sense of urgency to very serious problem.

The General Committee of Adjustment 875 (GCA 875) of the Sheet Metal, Air, Rail, Transportation Union (SMART) represents the over 5000 Motor Coach and Light Rail Operators of the Los Angeles County Municipal Transit Agency (LACMTA) otherwise known as LA Metro.

November MTA Board Meeting

This month’s MTA Board meeting began by saying goodbye to Supervisors Zev Yaroslavsky and Gloria Molina.  Both have been long term members of the board and they were presented with recognition for their many years of service.  They will be replaced by Sheila Khuel and Hilda Solis beginning December 1st.

The major item on the agenda was an approval to analyze options for the Gold Line Extension along the 60 East Corridor.  Nearly every elected official whose district lays along its proposed routes was at the board meeting to speak in favor of the project.

“The Board approved going forward with a technical study of two light rail alternatives for the Eastside Gold Line Transit Corridor Phase 2 study. One alternative would extend the line to South El Monte, mostly along the 60 freeway, and the other alternative would extend the line to Whittier but eliminate the Garfield Avenue section of the route (the technical study will seek to find a different route). “

“A motion by Board Members Diane DuBois and Don Knabe asked staff to study potential connections with the West Santa Ana Branch Corridor project, which seeks to build a transit project between downtown L.A. and Santa Ana via an old streetcar right-of-way.” (Steve Hymon, November 13, 2014, Roundup of today’s meeting of the Metro Board of Directors, http://thesource.metro.net/2014/11/13/roundup-of-todays-meeting-of-metro-board-of-directors/)

During the CEO’s Report, MTA CEO Art Leahy informed the board that the MTA has completed the retrofitting of a number of current motor coaches with video surveillance monitors.  Although he had no empirical evidence to support his claim, he did report a reduction of operator assaults, fare evasion, and fare disputes on buses equipped with the monitors.  At the October MTA Board meeting, funding for video monitors was approved for the final 128 New Flyer buses currently on order for the MTA.

The next General Board Meeting has been scheduled for Thursday Dec 4, 2014.

Leo H. Perea Dec 5 1925 – Sep 23 2014

Leo H. Perea

Dec 5 1925 – Sep 23 2014

 

We are sad to recognize the passing of Leo Perea on September 23 2014.  Leo began his career at the RTD operating out of old Division 8 and Division 15.  He served as Local 1565 Vice Local Chairman from 1980 – 1986 and as Local Chairman from 1986 – 1987.  Leo was always a strong union supporter and stanch advocate for the members of the UTU. After a long a fruitful retirement, Leo Passed away surrounded by family and friends near his home in Panorama City.  He truly will be missed.

 

Memorial Services will be held on October 25 2014 at the American Legion Post at 13533 Reedley St, Van Nuys, CA 91402.  In lieu of flowers the family would appreciate donations be made to:

 

Residences at the Royal Bellingham                                         American Legion Post 817

1222 Chandler Blvd                                                                          13553 Reedley

Valley Village, CA 91607                                                                 Van Nuys, CA 91402

Ebola Hoax

The Ebola Hoax

After the frightening events from yesterday involving a potential Ebola Hoax, we want to reassure our membership that we are and have been on top of the situation from the beginning.  We will keep you informed as the events and news unfolds.  Here is what we know.

At approximately 1:45 pm yesterday, a man and a female companion entered an LA Metro Bus.  The man was wearing a surgical mask and the woman was not.  As the man entered the bus he told the operator, “Don’t mess with me. I have Ebola.” The man and his companion then sat down without paying the fare.  The operator called into the BOC to inform them of the situation and the operator was told to continue operating the vehicle.  The BOC then placed a call to LA County Sheriffs.  The man in the mask rode the bus for about 7 minutes before exiting the bus with his companion.  Before leaving the bus, the man removed his mask and threw it on a rear seat of the bus.  Contrary to unconfirmed rumors from sources who would have no way of knowing what actually occurred, there was no report that anyone was spit on or that any bodily fluid was passed from the man claiming to have Ebola to anyone else on the bus to include the operator.  LA County Sheriff’s Department later instructed the operator to stop the vehicle and move the passengers to a trailing bus.  The operator was then instructed to drive the bus to Division 10 and to await further instruction.

MTA staff informed Union officials of the situation and Local Chairperson Lisa Arredondo-Smith was dispatched to the scene.  Once at Division 10 the operator was “quarantined” in the bus for several hours while LA County and MTA officials determined what to do.  After several hours in “quarantine” the operator was given the option to be released but it was highly recommended that the operator go to the hospital.  MTA staff took the operator to the hospital and was evaluated for a few hours.  The operator was cleared from the hospital and Chairperson Arredondo-Smith took the operator home.

After a hazmat Team was able to clear the vehicle, the MTA was able to download the video from the vehicle to review and share with law enforcement.  The Union has demanded and the MTA intends to find this individual and to prosecute him to the furthest extent of the law.  The Union, MTA and law enforcement see this as a terrorist threat and intend to pursue this individual as a terrorist.  As was negotiated in our new contract, the MTA will have unlimited viewing rights of this video.  This is necessary so that MTA and Law Enforcement officials can view the entirety of the incident.  It may also be necessary to track down witnesses or any passengers that may have come in contact with the man in the mask.  This policy is in place to protect operators as well as the public.

It is believed that this is merely a hoax.  For one, if the man actually had Ebola, the only way he would know is if he was informed by a medical doctor.  There is not a doctor in the world, at this point, who would diagnosed a person with Ebola and allow them to walk out the door.  Second the female companion he was with was not wearing a mask and did not appear to fear contracting Ebola.  It is believed by the MTA and Law Enforcement that this man is a transient who frequents the bus system and was using fear of Ebola to evade paying the fare.  It is furthered believed that this man will probably be back on the same bus soon and that when he returns, he will be caught.

Whether a hoax or not the Union believes that mistakes were made in the protection of the operator and the passengers and we are demanding answers and action.  The first thing that happened is that operators will be allowed to wear masks and gloves if they so desire.  At this point we are not sure if this is a temporary or a permanent policy.  Next the MTA did not appear to have adequate staff or procedures in place in order to protect the operators or the public in a crisis like this.  The union will be demanding action on this issue.  The Union will be demanding to take part in the drafting of new procedures and training for the operators in regards to dealing with not just Ebola but other highly infectious diseases.  Furthermore the Union will be demanding that the MTA create a single task force, with Union participation, designed to create policy and procedures dedicated to operator safety and protection.

In the days to come the Union will be demanding meetings with MTA staff and Board Members to include county supervisors and Mayor Garcetti to discuss this incident and the MTA response.  The union will report back on the progress and result of those meetings.

EDUCATION, STRENGTH, UNITY

http://smart-union.org/news/education-strength-unity/

Thanks to all of the delegates, members, guests and staff that made the First SMART General Convention a resounding success.

I have been involved in this union for 45 years. There has never been a more outspoken, honest, and hardworking General Executive Council than the one we have now. They do what is right for this membership. They make this union. It also helps having a great partner, a general secretary-treasurer who has your back and who makes you proud every day. Joe Sellers is a great leader.

We are now one union. I know that some differences of opinion among the membership remain as in any democratic organization that respects the right of each and every member to speak freely. I will always continue to encourage discussion, debate and your input on where we go in the future.

As I told the convention delegation, we are going to fight some, and we are going to bleed some. But in the end, we’ll all bleed the same blood.

We closed the convention on Aug. 15 as one union. We are not divided and we will not let anything divide us. A house divided will fall and we will never go that way. We have a combined legacy of 270 years. We must build on what previous generations have passed to us by furthering our mission to make this union even stronger in servicing our members.

I am telling you what I told the assembled delegates at the convention. All business managers, business agents, general chairpersons and local chairpersons must realize that service to the membership must come first. Whether they are representing airline, rail, transportation or sheet metal members, our leaders must continue their duty to represent the membership to the best of their ability.

This union’s leadership will not tolerate anyone who doesn’t represent their members. You don’t have to like Joe Nigro, but you do have to like and work for your membership.

Through education, strength and unity, we will fulfill our mission to make SMART the strongest union in North America.

As I noted in my column here last month, I was never as proud of our members as I was to see our sheet metal brothers and sisters standing shoulder to shoulder with our transportation membership at a rally held by employees on the Long Island Rail Road.

It was outstanding to see sheet metal workers and transportation workers getting together and fighting together on behalf of their brothers and sisters. When I walked into that parking lot with more than 3,000 people, I was so proud.

Our membership was successful in obtaining a fair agreement with the New York Metropolitan Transportation Authority and I congratulate LIRR GO 505 General Chairperson Anthony Simon and his leadership team for that outstanding effort.

We departed our first SMART convention renewed, stronger and united. We will continue to forge a new future with the dignity, integrity and the honor that went into building this great union. To read and view coverage from the First SMART General Convention, visit your union’s website at www.smart-union.org.

It’s all about our union, our members and our strength. Together, we are all SMART.

Joseph J. Nigro
SMART General President

New Pay Rates Start This Week

This week LACMTA bus and light rail operators begin working under the new pay rates negotiated by SMART GCA 875 beginning October 1st.  Pay checks that were distributed today will not reflect the new pay rates since the payroll for this check closed on September 27th.  The General Committee is aware that it may take 30 days from the date of ratification for MTA payroll system to get caught up on the new pay rates.  Contract ratification occurred on September 18th and the payroll for the October 17th check distribution closes on October 11th.  MTA staff is working quickly in an attempt to meet the October 11th deadline for check distribution on October 17th.  

Congratulations on Our New Contract

Congratulations on Our New Contract

The General Committee of Adjustment would like to congratulate its members on their new contract.  Through hard work and perseverance the union members of the SMART Transportation Division in one vote eliminated the two tier system, re-wrote the book on discipline and protected their healthcare benefits.

The number one issue of importance to operators was the work rules.  Operators were being treated unfairly with discipline.  The union negotiating team has produced a document that will save the jobs and careers of its members.  This committee is committed to policing and enforcing the protections that were negotiated for its members. These work rules will serve as a model for other transportation bargaining units in the future. 

The next major issue was pay.  The two tier system that was in place served as a major source of stress and contention since 1997.  In this contract younger operators will see significant pay raises as a reward for their seniority status.  This was a major step in securing a bright future for the union and its membership.

Another major article of concern for the members was their healthcare benefits.  Since the last contract the Affordable Care Act put a squeeze on bargaining units all over the country.  In this contract the General Committee was able to secure increased contributions to the Health and Welfare Trust that will prevent premium increases while at the same time allowing the Trust to lower doctor’s office co-pays.  This contract secures the membership’s healthcare benefits for the life of the contract and beyond.

This contract ushers in a new era for this union and its members.  The benefits of this contract will be felt by our members today and members in the future.  In Solidarity we find Strength.  In Strength we find Courage.  In Courage we find Victory.  In Victory we find Solidarity.  United as one in Solidarity there is nothing we cannot achieve. 

WE HAVE A CONTRACT

The General Committee of Adjustment 875 of SMART Transportation Division is pleased to announce that the members have ratified the contract.  The final vote count was 1822 in favor and 1585 against, or a difference of 7%.  The General Committee would like to thank the overwhelming majority of the members who came out and took part in this contract ratification.  With over 66% of the membership voting, the General Committee is so very proud of the true show of solidarity from the membership. 

The results as certified by the California State Mediation and Conciliation Service, will be posted as soon as we have the document.

Contract Ratification is Tomorrow

Contract ratification on the new tentative agreement is tomorrow.  Voting will be conducted in the divisions from 4am – 3pm.  Tellers will be in the divisions with ballots and copies of the tentative agreement for members to review.  After the closing of the polls, the ballots will be counted at the SMART Transportation Division offices at 15999 Cypress Ave, Irwindale CA 91706.  The count and results will be monitored and certified by the California State Mediation and Conciliation Service (SMCS).  They are the same organization that performed and certified the last vote.  You can find more information about the SMCS on the State of California’s website:

http://www.perb.ca.gov/csmcs/smcs.aspx

The General Committee would like all LACMTA Operators to vote yes on this contract.  The General Committee believes that this is the best opportunity to once and for all eliminate the Two Tier System and to fix the work rules that have caused so much stress and heartache for the operators.

If you did not receive a copy of the synopsis you can review it on our website:

http://www.gca875smart.org/news/2014/9/12/contract-update-synopsis

While you are there please take the time to update your contact information here:

http://www.gca875smart.org/contact/

Please include your full name, badge number, local number, and complete address and phone number.

The New Article 1 and the Benefits of Seniority

During contract negotiations the General Committee heard a lot from the members about their frustration with the Two Tier system.  Under the new progressive pay structure proposed in this new tentative agreement, the Tiers are once and for all eliminated and the future of bus and rail operators pay checks is secured for years to come.

Under the old system operators hired after July 1, 1997 had no path to the top pay scale.  As of October 1st that unfair system is thrown out and all operators will be rewarded for their seniority.  During the life of this 3 year contract, several hundred senior operators who were previously excluded from the top pay scale will finally be able to take advantage of their seniority and earn their way in.  Younger operators who are still accumulating seniority will be compensated accordingly with significant pay increases along their career along with the comfort of knowing that the top pay level is within reach.  For almost all SMART Transportation Division members from Part-Timers to the most senior operators, this will be the most financially lucrative contract they have ever seen.

Synopses were mailed out to the membership and if you did not receive one, make sure that the union has updated contact information for you.  You can call the union offices at 626-962-9980 or you can email the union through our website gca875smart.org and click on “CONTACT”.  If you are emailing, please include your full name, union local, and badge number along with your current address and phone number.

Possible Increased MTA Presence to Talk Fare Increases

The General Committee wants to let its operators know that they may see and increased presence by MTA staff on Monday morning.  The GCA has been informed that the MTA may have a team of customer service and public relations professionals out in the public to talk about the fare increases.  These Metro staff members will not be there to check in on or report back to managers on the operators.