Nasheayahu
Member
- Jurisdiction
- New Mexico
Wrongfully Terminated for Alleged Misconduct and Safety
Three investigations were initiated by passenger complaints, one protecting myself from a violent passenger with a hatchet, other retaliated against a person who spate on me. All alleged policy violations were irrelevant to the incidents and fabricated to make it appear as though a purposely violated some City Personnel Rule and Regulation, Administrative Instruction, and Departmental Operating Procedure.
On July 18, 2018 I was placed on temporary reassignment for investigations regarding allegations of inappropriate conduct that may constitute violations of the City's Personnel Rules and Regulations. During these investigations I was assigned to sweeping out incoming busses in the Maintenance Division within the Transit Department. My Title, Grade and Salary remained the same.
Please note on all Predetermination Hearing Notice's in the second paragraph begins with, "If the allegations are found to have merit, appropriate disciplinary action may be taken, up to and including termination of employment."
As you observe the videos, the allegations don't have merit as well as the supposed policy violations. Furthermore, these supposed policy violations had nothing to do with my work performance, ability nor lack thereof. Since my hire data of October 17, 2015 up unto January 15, 2019 my work performance and attendance excellent. Only negative marks:
1. On April 24, 2017 – Retaliation after a Passenger Spate on Me
1. According to Local Union Agreement - 24. DISCIPLINE and INVESTIGATIONS, Section 24.1.5.4 Throughout the investigation period, the Union may request a verbal progress report on the investigation from the human resources coordinator or the employee's division manager. The Supervisor shall provide this report provided the report does not jeopardize the conduct of the investigation. An employee disciplinary investigation shall normally not exceed forty-five (45) days from the date an employee receives a notice of investigation as cited in paragraph 3 herein.
If the supervisor determines that the investigation needs to be extended beyond the forty-five (45) day limitation, the supervisor shall submit a written notice of extension to the employee no later than forty-five (45) days after the employee received the initial notice of investigation.
The parties may agree to extend time limits by mutual consent. Notwithstanding the foregoing commitment, neither party shall be required to negotiate any issue during the term of this Agreement, whether the issue is contained in this Agreement or not part of this Agreement, unless specifically mandated by another provision of this Agreement.
7. According to Local Union Agreement - 40.7 Savings Clause, 40.7.1 Should any part of this Agreement be rendered invalid by reason of an existing or subsequent legislation, or be any decree of a court of competent jurisdiction, the remaining portions hereof shall remain in full force and effect.
40.2.3 The parties have had the full opportunity to negotiate all mandatory subjects of bargaining prior to reaching final agreement on this Agreement. The parties have negotiated in good faith and have reached a full agreement on all issues. This Agreement shall represent the only agreement between the parties. All other agreements, written or verbal, shall be unenforceable.
Neither party shall be required to negotiate any issue, whether contained in this Agreement or not, during the term of this the City's commitment to meet and confer in good faith with the Union on all proposed Agreement. This provision shall not be interpreted in a manner that negates changes in ordinances or policies that affect employees' terms or conditions of employment.
The Union will meet to discuss recommendations for consideration on the Operator's Rules and Regulations and other policies with the Director or his/her designee during the third week in January and other mutually agreed upon times.
The general purpose of this section is to provide fair, equal, and consistent treatment to all City Motor Coach Operators and SVCs. Within 30 days of the ratification of the U.T.U. contract, management will convene a meeting to solicit input from the Union on the proposed Driver's Rules and Regulations. The Union Eric have 15 days to review and respond to the proposed changes in the Operators Rules and Regulations manual.
Here's my problem and concern, after the filing I made several attempts to contact the local union president (cell text msg, email, voice message and stopping by the union hall) regarding my case and have not received any responses. Their reputation at this office before and during my employment is they virtually offer no help nor protection for their drivers.
This union basically is nonexistent, has no interest in the well-being of the drivers. The 1) President of the union, 2) Deputy Director, Transit Department, 3) Assistant Transit Manager, Transit Department, 4) Transit Department Senior Personnel/Labor Relations Officer work together to terminate MCO's.
Their purpose is to make a very difficult for drivers to the point of either 1) resigning, 2) quit, 3) transfer to another department or 4) falsify any incident to make it appear as though it was the driver's fault to eventually terminate them.
Why do they do this? All seasoned drivers know It's done in order to make sure there is not enough drivers, so the department can qualify for as much Federal Funds as possible for the upcoming year for training new drivers, but only a small portion is used for that purpose.
The sequences of events leading to my dismissal I feel it was abusive, malice, harassment, retaliation, targeted and because of my ethnicity. I need help in determining if I have grounds for a lawsuit against the Union for Dereliction of Duty and Abandonment of Representation.
Local Union Violations of Union Agreement
1. Local Union Violations of Union Agreement - 1.3 Union Rights, 1.3.3 Sub Paragraph; For Union Presidents. Union business is defined as business performed by designated union representatives which facilitates the applications of this agreement, assists in employee management matters, resolves conflicts, assists in positive labor/management relations between Employees and the City or which involves matters directly related to representation of the bargaining unit members which are also beneficial to the City of Albuquerque. This shall include preparation for and attendance of predetermination hearings, grievances, meetings scheduled between the Union and the City, Labor Board filings, and Personnel Board filings. In their absence, Union Presidents may designate persons to use president's time.
3. Local Union Violations of Union Agreement - 24. DISCIPLINE and INVESTIGATIONS, 24.2 Investigations - 24.2.3, The Human Resources Office and the Union President shall continue to meet to discuss issues of mutual concern related to disciplinary and supervision issues.
Below are major communications and events from July 18, 2018 to Sept 13, 2019, in the Five Months and Twenty Nine Days of Abuse, Harassment, Defamation, Safety Endangerment, Dereliction of Duty and Abandonment of Representation by Transit Department; Deputy Director, Transit Department Senior Personnel/Labor Relations Officer, Yale Station Assistant Transit Manager, and AFSCME Local 624; Union President.
Below are my attempts to communicate with the Union regarding my case against the City Transit Dept from January 23, 2019 to Sept 13, 2019, and in these Five Months and Twenty Nine Days, I discovered Transit Department; Associate Director, Transit Department Senior Personnel/Labor Relations Officer and AFSCME Local 624; Union President attempting to keep me from the communications and court appearances to control the outcome of my return without me. After discovering this, the Union President abandon representation for no apparent reason.
Thanks for your help!...
- On October 17, 2015 hired as Motor Coach Operator Q00 (City Bus Driver) from the City of Albuquerque, NM Transit Dept.
- On January 15, 2019 – Falsely accused of violating City's Code of Conduct and Safety on five different incidents and was terminated.
- On January 24, 2019 AFSCME file for remedy; request I be made whole to include lost wages, accruals, benefits and any other relief found necessary.
- On February 15, 2019 Unemployment office Notice of Determination concluded they didn't provide sufficient evidence to establish misconduct connected with work.
- Lawsuit Against - Albuquerque City Transit for violation of Contract of Union Agreement, and Seeking possible lawsuit against the City:
- Defamation, Slander and Libel
- Racial Discrimination in the Workplace
- Rethinking the Business Judgment Rule in Discrimination Cases
- Other?
- Lawsuit Against - AFSCME Local 624 for violation of Contract of Union Agreement:
- Dereliction of Duty and Abandonment of Representation
- Return and finish my career driving as an MCO
Three investigations were initiated by passenger complaints, one protecting myself from a violent passenger with a hatchet, other retaliated against a person who spate on me. All alleged policy violations were irrelevant to the incidents and fabricated to make it appear as though a purposely violated some City Personnel Rule and Regulation, Administrative Instruction, and Departmental Operating Procedure.
On July 18, 2018 I was placed on temporary reassignment for investigations regarding allegations of inappropriate conduct that may constitute violations of the City's Personnel Rules and Regulations. During these investigations I was assigned to sweeping out incoming busses in the Maintenance Division within the Transit Department. My Title, Grade and Salary remained the same.
Please note on all Predetermination Hearing Notice's in the second paragraph begins with, "If the allegations are found to have merit, appropriate disciplinary action may be taken, up to and including termination of employment."
As you observe the videos, the allegations don't have merit as well as the supposed policy violations. Furthermore, these supposed policy violations had nothing to do with my work performance, ability nor lack thereof. Since my hire data of October 17, 2015 up unto January 15, 2019 my work performance and attendance excellent. Only negative marks:
- A supervisor accused me with no proof of doing 31MPH in a 25MPH speed zone 30 mins prior to the actual area where the passenger complained I was speeding. The actual complaint was false.
- After my six months training, I began solo driving between the months of April 2016 to July 2017 and I was written-up once for driving off route after the eighth time. This should've been expected since I never worked driving bus routes, had to learn crossing routes as well as driving multiple routes in one day. It was confusing at the beginning.
- Missed one day from work due to a Child Support Hearing.
- Maybe came late to work 5 times, but consistently was always 20 minutes to 2 plus hours early to work before 1st and 2nd shifts (split shift schedule with 2-4 hours between).
1. On April 24, 2017 – Retaliation after a Passenger Spate on Me
- No video, transit claims it can't be found
- Video of Incident Available
- Video of Incident Available
- Video of Incident Available
- Video of Incident Available
1. According to Local Union Agreement - 24. DISCIPLINE and INVESTIGATIONS, Section 24.1.5.4 Throughout the investigation period, the Union may request a verbal progress report on the investigation from the human resources coordinator or the employee's division manager. The Supervisor shall provide this report provided the report does not jeopardize the conduct of the investigation. An employee disciplinary investigation shall normally not exceed forty-five (45) days from the date an employee receives a notice of investigation as cited in paragraph 3 herein.
If the supervisor determines that the investigation needs to be extended beyond the forty-five (45) day limitation, the supervisor shall submit a written notice of extension to the employee no later than forty-five (45) days after the employee received the initial notice of investigation.
- No provision for reassignment during an investigation.
- No provision for extending an investigation up to six-month or more.
According to the City Condition of Employment Code 300, Section 301, Sub Paragraph 301.1 Professional Excellence, which reads: Employees are encouraged to strive for personal and professional excellence as a means of keeping current on relevant issues and administering the public's business with professional competence, efficiency and effectiveness.
- According to New Mexico Department of Workforce Solutions – When applying for unemployment, judgement was against the Transit Department: Notice of Determination - Unemployment Insurance Operations Center, "You discharged the claimant for violating a rule or policy, however, you have not presented sufficient evidence to establish misconduct connected with the work. You discharged the claimant for violating the following rule or policy: Conduct. Safety."
Section 51-1-7A NMSA 1978. Your account is liable for benefits paid based on this period of employment under Section 51-1-11 NMSA 1978.
- There was no just cause for discipline nor discharge.
- There were no merits to the passenger's nor Transit's allegations.
The parties may agree to extend time limits by mutual consent. Notwithstanding the foregoing commitment, neither party shall be required to negotiate any issue during the term of this Agreement, whether the issue is contained in this Agreement or not part of this Agreement, unless specifically mandated by another provision of this Agreement.
- There is no notice of proposed changes regarding reassignments during investigation nor investigations allowed to take up to six months or more.
7. According to Local Union Agreement - 40.7 Savings Clause, 40.7.1 Should any part of this Agreement be rendered invalid by reason of an existing or subsequent legislation, or be any decree of a court of competent jurisdiction, the remaining portions hereof shall remain in full force and effect.
- There were no parts of this Agreement made invalid by any reason of any body.
- This Agreement is bind and can't be altered in any respect whatsoever.
40.2.3 The parties have had the full opportunity to negotiate all mandatory subjects of bargaining prior to reaching final agreement on this Agreement. The parties have negotiated in good faith and have reached a full agreement on all issues. This Agreement shall represent the only agreement between the parties. All other agreements, written or verbal, shall be unenforceable.
Neither party shall be required to negotiate any issue, whether contained in this Agreement or not, during the term of this the City's commitment to meet and confer in good faith with the Union on all proposed Agreement. This provision shall not be interpreted in a manner that negates changes in ordinances or policies that affect employees' terms or conditions of employment.
- Where is or when did the change in the Cities ordinances or policies regarding investigations to change the work condition of the MCO and allowed up to six month or more to investigate an incident?
- Therefor Final Action June 27, 2018 is unlawful - Personnel Rules & Regulations, Section 301. Code of Conduct. Paragraph 301.1 — Duty to the Public (March 5, 2015), which reads in part: "The City of Albuquerque is a public service institution. In carrying out their assigned duties and responsibilities, employees must always remember their first obligation is to the general public's safety and wellbeing. This obligation must be carried out within the framework of federal, state and local laws.
Employees shall serve the public with respect, concern, courtesy and responsiveness, recognizing service to the public is the reason for their employment."
- Finding: 301.1 Duty to the Public: failed to carry out his duties and responsibilities to the general public when he displayed road rage by stopping the bus on the roadway next to a car that was in the right hand tum lane and engaged in a heated argument that escalated to threats of physical violence with the driver.
He almost rear ended a car that had come to a stop in front of the bus. He then followed a vehicle that struck the mirror of the bus on Carlisle and stopped behind the vehicle in the left hand turn lane at Carlisle and Lomas to report the license plate number to dispatch. He then moved from the left lane turn lane across three lanes into the right turn lane and made an illegal right turn on a red light.
- Under the New Mexico State law, this is a $10 dollar fine.
- Finding: 301.1 Duty to the Public: failed to carry out his duties and responsibilities to the general public when he displayed road rage by stopping the bus on the roadway next to a car that was in the right hand tum lane and engaged in a heated argument that escalated to threats of physical violence with the driver.
The Union will meet to discuss recommendations for consideration on the Operator's Rules and Regulations and other policies with the Director or his/her designee during the third week in January and other mutually agreed upon times.
The general purpose of this section is to provide fair, equal, and consistent treatment to all City Motor Coach Operators and SVCs. Within 30 days of the ratification of the U.T.U. contract, management will convene a meeting to solicit input from the Union on the proposed Driver's Rules and Regulations. The Union Eric have 15 days to review and respond to the proposed changes in the Operators Rules and Regulations manual.
- There were no provisions, additions nor changes made to this contract allowing Transit to reassign MCO's work condition during an investigation nor,
- Allow the investigation to continue past 45 days nor an extension of said 45 days up to six months or more.
Here's my problem and concern, after the filing I made several attempts to contact the local union president (cell text msg, email, voice message and stopping by the union hall) regarding my case and have not received any responses. Their reputation at this office before and during my employment is they virtually offer no help nor protection for their drivers.
This union basically is nonexistent, has no interest in the well-being of the drivers. The 1) President of the union, 2) Deputy Director, Transit Department, 3) Assistant Transit Manager, Transit Department, 4) Transit Department Senior Personnel/Labor Relations Officer work together to terminate MCO's.
Their purpose is to make a very difficult for drivers to the point of either 1) resigning, 2) quit, 3) transfer to another department or 4) falsify any incident to make it appear as though it was the driver's fault to eventually terminate them.
Why do they do this? All seasoned drivers know It's done in order to make sure there is not enough drivers, so the department can qualify for as much Federal Funds as possible for the upcoming year for training new drivers, but only a small portion is used for that purpose.
The sequences of events leading to my dismissal I feel it was abusive, malice, harassment, retaliation, targeted and because of my ethnicity. I need help in determining if I have grounds for a lawsuit against the Union for Dereliction of Duty and Abandonment of Representation.
Local Union Violations of Union Agreement
1. Local Union Violations of Union Agreement - 1.3 Union Rights, 1.3.3 Sub Paragraph; For Union Presidents. Union business is defined as business performed by designated union representatives which facilitates the applications of this agreement, assists in employee management matters, resolves conflicts, assists in positive labor/management relations between Employees and the City or which involves matters directly related to representation of the bargaining unit members which are also beneficial to the City of Albuquerque. This shall include preparation for and attendance of predetermination hearings, grievances, meetings scheduled between the Union and the City, Labor Board filings, and Personnel Board filings. In their absence, Union Presidents may designate persons to use president's time.
- Union President, failed to attend nor designate a person to attend any of my predetermination hearings, and
- With no justifiable and lawful reasons drop representation to attend scheduled meetings with the City regarding my case.
3. Local Union Violations of Union Agreement - 24. DISCIPLINE and INVESTIGATIONS, 24.2 Investigations - 24.2.3, The Human Resources Office and the Union President shall continue to meet to discuss issues of mutual concern related to disciplinary and supervision issues.
- Union President made no affords to discuss issues of mutual concerns nor address Union contracted agreements that were violated by Transit.
Below are major communications and events from July 18, 2018 to Sept 13, 2019, in the Five Months and Twenty Nine Days of Abuse, Harassment, Defamation, Safety Endangerment, Dereliction of Duty and Abandonment of Representation by Transit Department; Deputy Director, Transit Department Senior Personnel/Labor Relations Officer, Yale Station Assistant Transit Manager, and AFSCME Local 624; Union President.
- Full Document Available
Below are my attempts to communicate with the Union regarding my case against the City Transit Dept from January 23, 2019 to Sept 13, 2019, and in these Five Months and Twenty Nine Days, I discovered Transit Department; Associate Director, Transit Department Senior Personnel/Labor Relations Officer and AFSCME Local 624; Union President attempting to keep me from the communications and court appearances to control the outcome of my return without me. After discovering this, the Union President abandon representation for no apparent reason.
- Full Document Available
Thanks for your help!...
