Saturday, April 12, 2008

WELCOME

Welcome Bus and Van Drivers and Interested Others,

NMTU or AFSCME, Contract or No Contract, this is the place for the thoughts, opinions, and words that right now define your lives as Albuquerque bus and van drivers. We've had the NMTU website for about three years, but never has there been the activity or the interest we have now. Judging by the nearly 250 "comments" on the KOB-TV-4 website forum, and an anonymous driver's new blog (Abq Drivers Unite!) "about the current situation in the Transit Department," there has never been such a need for a place where the Transit Department drivers can speak and be heard, and respond to what others think. In other words, this is a place to debate the issues that concern us: an Albuquerque Drivers' Forum.

My Introduction:

For those who do not know me, I have been the attorney for the NMTU for more than 15 years. Along with former Union Chairman Robert Gutierrez I fought with the City to bring the Sun Van drivers into the union; we worked together to split from the United Transportation Union (UTU) because we saw them taking your union dues without providing the local assistance and support we desperately needed. We fought hard against the City's abuse of "temporary" drivers. We went for more than three years without a contract. And even today, I struggle to secure recognition of our unique and contractual right to binding interest (contract) arbitration.

As the attorney for the NMTU for many years I have tried, mostly successfully I hope, to not favor bus drivers over van drivers, "old" drivers over "new" drivers, and to represent the legal rights of all drivers as vigorously and competently as possible. I
believe that the interests and rights of those I represent should be governed by law, not by power and politics.

Throughout, I have been dedicated to the notion that Albuquerque's Transit Department drivers need and are entitled to the most independent and best possible union of their choice.
I have, of course, favored the interests of the incumbent NMTU, the Union that employs me, whenever I could.

Nonetheless, I have tried to fight hard for all of Albuquerque's van and bus drivers and for City employees in general. If there are examples where you believe that has not been true, this will be the place to address those concerns along with any other things you want to say about my work, your work, the unions, the contracts, and anything else you think is relevant and of interest to others.

As for the "current situation," I took part in the March, 2008, contract "negotiations," and I can and will present my views about that. I am also very much involved
as the NMTU's lawyer in addressing the legal issues connected with the representational election scheduled for April 25. I believe the City's AFSCME locals are weak and ineffective and not at all what many of you seem to think they are.

I do strongly support labor unions and the rights of employees. I believe that labor and management are natural adversaries, and that it is unhealthy for them to work too closely together. I am extremely unhappy with the way the City of Albuquerque is conducting itself with respect to its labor-management relations and its obligations to bargain "in good faith." I reserve any opinion about the allegations of favoritism by Transit management pending a full hearing on the issue.

Those are my interests and biases, and I intend to be as honest and as open as I can about whatever we discuss. There will be limits to that, of course, but I pledge openness and when I can't talk about something I will say so. I will try to respond truthfully to comments and criticism.


A few rules and a promise:

The "rules" are simple:


No obscenity unless you think it's absolutely necessary and no personal attacks unrelated to work or union activities. There may be more rules later, if necessary, but that's it for now.

Real names are encouraged, but optional. Respect for others and their opinions is also encouraged. My intent is to use this forum for free and honest debate, not propaganda. Please remember that this is a public place and anyone who wants to can read and contribute to it.

The "promise" is that this forum will be fairly moderated, that it will be a place where all sides of the issues can be spoken and heard, and that, to the best of my ability and knowledge, I will "tell the truth."

Where should we start?

Paul Livingston

14 comments:

Anonymous said...

How bout with the truth.

Anonymous said...

what abuot the truth be more specific thers to much going on at transit

Anonymous said...

be more specific

Anonymous said...

I am optimistic about this forum. I would like fred to offer his imput, after all he is the one representing the drivers.
1) Why has it taking so long for an audit?
2) Why did you spend around $300 dollars for beans and chili for the state fair, made by roberts g. wife?
3)Why did you not use the negotiatings committees work?
4)Is it about being in power or is it about helping the drivers? Why do you continue to hold office?
5)I find it hard to beleive you are creating a bigger and stronger union by discharging members from the union. How exactly to you intend to make it bigger with less members?

Paul said...

I can only answer number 3, "why did you not use the negotiating committee's work?"

This bothered me too, and it was pretty offensive to those who devoted their Sundays to meeting and going over the old contract, that is George Schuh, Alfie Gonzales, Tom Denton, and Jimmie Anderson. (If I left anyone out, I'm sorry).

The answer, I think, is that a couple of hours after the Friday afternoon submission of our Petition showing about 75% membership there was a call from the City to come "negotiate" a new contract. The City's representation was, I understand (I did not hear this myself), that they would "give us" their best economic package so a contract could be wrapped up by Monday. That didn't happen, but it did by Wednesday that week.

So the answer is that the reason there was no use of the negotiating committee's work was because there was no "negotiating." This was "take it or leave it" and "if you don't want what we offer, we're out of here" which I understand is sadly typical with the City, all with a representation that it was the best they would "give" us and the best we could get. This is apparently the way the City "negotiates" with every union, although NMTU is the only local that has twice faced attack from another union just when "negotiations" were starting. With a divided membership and no ability to strike or take any work actions, any union is relatively helpless. Whether the contract is the best we could get remains to be seen, but from what I heard the money may be the best that could be done. Anyway, no negotiating committee use because no negotiating. I wish it had been otherwise and I think it's a big mistake to call what happened "negotiating."

A related problem comes when the City "negotiates" with a local that is a minority union, such as at least three of the four AFSCME locals. As you know that is illegal, giving the City a sure hold over the union, which is subject to decertification if they don't go along with whatever the City wants. Two years ago members of the AFSCME White Collar local refused to ratify a contract, so eventually AFSCME International sent in an "Administrator," took over the local, and "signed" the contract without any member ratification.

The problem is not so much the union, as the City which refuses to even come close to bargaining in good faith and the City Labor Board, which does nothing about it.

Questions 1 and 2 (books and beans) are questions I can't answer because I don't know. I'd very much like to know the answer to No. 1,why it takes so long to do an audit.

As for No. 2, I'm not sure if the question is about the $300 or Robert's wife, or both, but either way I don't really know anything about that.

No. 4 is a good question, but somehow I don't think you'll get an answer from Fred. I would point out that Fred was elected by the membership, and there should be all new elections (possibly except for 2 year staggered terms for one or two Executive Board positions) in September, which isn't too far away.

And as for No. 5, maybe you can give me the names of those you are referring to who have been "discharged." Then I can say what I know, if anything, about why. I was aware there might be some suspensions; I didn't know anyone was discharged. Also, even if a few leave the membership, the union grows when more employees join than leave. I've heard that's what is happening now, but I don't know that for sure.

Again, the union with real problems about keeping up the membership is AFSCME. If anyone has real figures about the number of members (and thus the percentage of membership) of each of the four AFSCME City locals, that would be important information. My knowledge, from about a year ago, is that the White Collar local, L. 2962, is below 25%.

Thanks for the questions; I'll see if Fred will answer the ones I couldn't.

Paul

Unknown said...

Let's be frank about NMTU, Robert G. is the real person in charge, and Fred is just his puppet. Why isn't the membership included in what's to be negotiated? Why aren't the results of any election counted in public view? Maybe we should leave this union in charge and get rid of Fred?

Anonymous said...

Isn't Robert G. a member of asfme cause they rep. the supers.?? The 2 elections I've seen, ballots were counted once at Yale with witness' from van side, bus side and a busdriver who was not in the union, the vote on this contract was counted at daytona in portable with doors open, unior rep.s, 2 busdrivers and I, to witness the count for mini-ride. Both times I signed a paper sayin I saw handling and count. All done in the open. Rick T.

Anonymous said...

Witnesses to the counting of the votes means nothing when the ballot box was in the constant hands of NMTU, they held the key, had the box over night, and oversaw the voting.

Paul, why is NMTU allowed to have office, and portable at Daytona provided by the city with all the extras covered by the city?

Paul, why does management attend NMTU meetings on a regular basis?

mickey said...

why

Anonymous said...

PAUL....
Are you out there or are you looking for another job? NMTU's days are numbered and they only have themselves to blame.

Anonymous said...

Maybe Fred and his cronies should resign to save NMTU. Good bye NMTU, Hello AFSCME!!!

Anonymous said...

I remember when Curtis was running for treasurer of NMTU, he promised to have an audit of the financial records of NMTU, but I guess Fred or Robert got to him. How about it Curtis?

Anonymous said...

Why are we asking a lawyer our questions when he is not a driver with the city or a paying union member. You can only hear our concerns but do not live with the goings on that we do. Why did you not help the last sunvan driver that was let go? You refered her to another lawyer. why.

Anonymous said...

Paul,

Answer me this: What is the punishment for someone who has stolen union funds? Is that the reason why no audit has been done yet?