Sunday, March 02, 2003
Copyright © Las Vegas Review-Journal

Retaliation by CAT operator alleged

Suspended drivers say they're not alone in facing reprisal

Less than two weeks after they publicly criticized safety and working conditions at the valley's bus system, three Citizens Area Transit drivers were suspended from their jobs without pay.

The drivers, Ben Carter, Steve Mora and Gene Smith, raised the issues after Regional Transportation Commission officials voted to approve a four-year, $186 million extension to ATC Vancom's contract to operate the CAT system.

They now say their suspensions were not isolated incidents. They're indicative of a campaign on the part of ATC Vancom to punish CAT drivers who raise questions regarding safety and working conditions at the private contractor.

The three point out all but two members of the union negotiating team have been placed on suspension since the drivers strike in May and June. Drivers who have contacted public officials to voice safety concerns or publicly questioned the company's dealings with its employees have been dealt with in the same fashion, they said.

"Anyone who's outspoken or an advocate for change or safety or better work conditions becomes a target," Smith said.

ATC Vancom spokeswoman Valerie Michael denies the company has used suspensions to silence its critics. Company policy prohibits her from discussing personnel matters.

"I can't comment about personnel issues," Michael said. "But you're dealing with three recently suspended individuals, so I would consider the source."

But Carter, Mora and Smith aren't the only drivers who have raised concerns about safety or working conditions. Nor are they the only ones who claim they have been suspended for doing so.

CAT driver Betty Murray said the company punished her after she raised questions about the safety and cleanliness of CAT buses.

Murray said her troubles began when she wrote a county commissioner in September. She claims the company had ignored her pleas to address the problems, so she decided the matter should be brought to the attention of public officials.

"I wrote it (the letter) from home on my own computer," she said. "I basically got reprimanded for exercising my constitutional rights."

Chief among her complaints and the complaints of other drivers are the buses' brakes.

"I find that on certain buses you have to almost stand up to put the brakes on," Murray said.

CAT driver James Logan blamed faulty brakes when his vehicle struck and killed a pedestrian late last month, according to police.

ATC tested the brakes on three different occasions, including at the scene, and determined they were adequate. Transportation Commission officials said an independent company also checked the brakes and found them in proper condition.

Michael denied ATC Vancom targets employees who question safety.

"We do not suspend employees who bring to the table valid safety issues," she said. "If we have them, obviously we want to fix them."

Transportation Commission officials defend the overall safety of the bus system. Three of the last four years CAT was ranked among the safest metropolitan area bus systems in the nation by the American Public Transportation Association.

Carter, Mora and Smith said drivers working to improve working conditions at ATC Vancom also have been targeted. The three have organized a drivers association to replace the Amalgamated Transit Union, which bargains on behalf of drivers.

They believe the organization would be a more effective advocate for drivers.

Mercedes Garcia, a former member of the union's negotiating team who also has been placed on suspension since the strike, said she believes the company is making an example of the three drivers because of their efforts to organize the association.

"With Steve, Ben and Gene they're sending out a message to all of us," she said. "If you rock the boat it could happen to you too."

CAT driver and union shop steward Terry Richards said her suspension last week was related to her talk of working conditions at ATC Vancom.

The company took action against her after she questioned whether drivers could be obligated to work overtime for Saturday and Sunday's NASCAR races, she said.

"NASCAR isn't part of the collective bargaining agreement," Richards said. "Because I brought that up, they suspended me for inciting a work stoppage."

Transportation Commission officials declined to comment on ATC Vancom's dealings with its employees. "Our contract with ATC Vancom prohibits us from becoming involved in employee-employer relations," said Ingrid Reisman, spokeswoman for the agency.

Smith said his suspension and those of his fellow drivers has only strengthened his resolve to improve the safety and working conditions of local bus drivers.

He has been encouraged by the financial support he, Carter and Mora have received from other drivers since their suspension.

"We're not going anywhere," Smith said. "We're going to be here. We're going to finish this fight."