UTU Bus News Digest - September, 1999

UTU Bus Department News Digest
Information of interest to transportation employees September, 1999

Sixth Circuit finds employer cannot cut off retirees' benefits

An automobile parts manufacturer violated a bargaining contract with Local 540 of the United Auto Workers by cutting off retirees' lifetime health care benefits, the Sixth Circuit rules. Beaver Precision Parts sold its assets in April 1997, closed its plant in Troy, Michigan, terminated all its employees, and cut off the health care benefits for former employees who retired after June 30, 1988. Affirming summary judgment for the union, the appeals court holds that under the terms of a bargaining agreement, the retirees' rights to health care benefits had vested and BVR violated the contract by terminating the benefits.

Because the relevant contract provision becomes ambiguous when read in conjunction with other provisions, it is appropriate to consider extrinsic evidence, outside the contract, to determine the parties' intent, Judge Kennedy writes. Based on affidavits by union members who attended the negotiations, retirees who discussed their benefits with company agents, and two members of the management bargaining team, Kennedy concludes that the parties intended to vest the retiree health benefits.

California & other states are watching what happens with global positioning satellite system

California and other states are watching what happens with a global positioning satellite system that monitors everything on a bus right down to the change in the fare box.

The riverside transit agency is receiving a $791,470 federal grant to install computers, sensors and radio transmitters on its buses and shuttles, allowing transit officials and passengers to know the locations of vehicles at any time. The equipment also will allow communications between drivers and transit operations centers as well as tracking performance data on the buses.

If the riverside program is successful in improving the efficiency and safety of buses, other transit systems throughout California and elsewhere are expected to install similar systems on their buses. Funding for the Riverside buses was included in $46.5 million of grants Vice President Al Gore announced for California last week.

Albuquerque's Transit & Parking Department plans to convert to natural gas in less than 10 years

Albuquerque's Transit and Parking Department plans to convert its entire 120-bus and 43-van fleet to run on natural gas in less than 10 years. Albuquerque is one of six cities receiving federal grants to purchase clean fuel vehicles, which typically run on natural gas, ethanol or electricity. The U. S. Energy Department, which is giving $2.5 million to the city, has designated Albuquerque a Clean City for each of the last five years. City and federal officials announced the alternative vehicle fuel plan last week.

Second Circuit finds no-button rule violates Workers' Free Speech Rights

A New York City Transit Authority rule prohibiting all employees from wearing badges or buttons on their uniforms without management permission violates workers' free speech rights, the Second Circuit rules. Dissident members of Local 100 of the Transport Workers Union of America who opposed ratification of a proposed bargaining contract wore buttons stating "vote No" and "Transit Workers for a Just Contract" but were instructed to remove the buttons. Affirming a permanent injunction stopping the Transit Authority from enforcing the rule, the appeals court holds that the rule is overbroad because it applies even when the workers are not in contact with the public.

The Transit Authority attempted to show that the rule was justified by the need to operate the transit system in a safe, efficient, and harmonious manner. Judge Leval assumes for the sake of argument that a narrowly tailored rule only applied to uniformed employees when they are in contact with the Transit Authority's justifications are outweighed by the workers' interest in expressing their views to other employees in areas where there is no contact with the public.