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WSTA HR Roundtable Meeting Minutes
Intercity Transit
Friday, June 5, 2009

Present:  Debra Hughes, Ben Franklin Transit; Sheryl Olson and Tina Guzinski, Community Transit; Julie DeBoever and Sandi Free, C-TRAN; Jean Braaten and Patti Carlin, Grays Harbor Transit; Christine DiRito, Shannon Hofstetter, Dave Kapaun, Shannie Brinton, Ed Ruttledge and Mike Harbour, Intercity Transit; Marianne DeMers and Nancy Venard, Kitsap Transit; Mary Adams and David Collier, Lane Transit; Lori Dougherty, Mason County Transportation; Alberto, Brian Thrasher and Jean White, Pierce Transit; Mary Lozeau, Skagit Transit; Chris Baldini, Spokane Transit; Kimberly Somers, Whatcom Transportation; Michelle Parvinen, WSTA

Welcome & Introductions:
Mike Harbour, General Manager and Ed Ruttledge, Intercity Transit HR Director welcomed the attendees to the Intercity Transit facility in Olympia.

Financial Outlook Updates: Roundtable Members
Mike Harbour, Intercity Transit – Financially looking good through 2011. Ridership up 45%, Board tentatively looking at August 2010 ballot measure to raise sales tax from 6/10 to 8/10.  If it doesn’t pass may need to reduce service by 10% in 2011 or 2012.  Currently have a lot of capital projects due to stimulus.

Chris Baldini, Spokane Transit – Extended sales tax, good through 2011.

Mary Adams, Lane Transit – Funding is through state payroll tax.  Anticipate layoff of 14% (30 TTL).  Fifty percent of stimulus will go to operations.  Did a small service modification.  Look to go from 7/100 to 8/100, but this year looks rough.

Debra Hughes, Ben Franklin Transit – Looking at a service reduction, 1,500 service miles.  Froze all non-represented wages for a year.

Nancy Venard and Marianne DeMars, Kitsap Transit – Stopped Sunday Service Board looking further service reductions in mid-May.  TBD.  Smart card started.  Started light duty at Customer Service for work related injured operators. Have not hired drivers since March of last year.  Attrition has drawn down 40 employees. Due to good, upfront publicity, the lack of Sunday service has been picked up with vans made available to church groups. The community outreach was very successful.

Patti Carlin, Grays Harbor Transit – Receipts down by 25%.  Due to grants, doing OK.  Not looking for any increases.

Lori Dougherty, Mason County Transportation – Sales tax is down, but not enough to dip into the reserves.  Hoping for own fuel station; currently co-op with Shelton School District. No layoffs, no reduction in service anticipated.

Julie DeBoever and Sandi Free, C-TRAN – had budgeted flat for this year but down 14%.  Looking at 5% cuts.  Not freezing hires but positions are scrutinized by the executive staff. Hoping to layoff through attrition. Looking to a 2/10% increase, 3/10% total with light rail.

Mary Lozeau, Skagit Transit – Recently went to 4/10%.  No layoffs. Doing a service increase – hired 5 new operators and 1 supervisor.  Will start negotiations in August.  Union has asked to keep the current contract in place through 2010.

Tina Guzinski, Community Transit – Revenue down 15% from last year.  Looking at voluntary furloughs for administrative staff but can’t count on it. Doing a salary survey this year.

Alberto Lara and Brian Thrasher, Pierce Transit – Pierce was under budget for the first two months of the year.  They have not tapped into their reserves.  July 2011 is their drop off point.  Had layoffs in October.  Recalled all represented that were available.  Pierce has a 30 year old system; have created Team “PT Tomorrow” to raise awareness in Pierce County on public transportation. Hoping to get a vote for an increase in revenue.  Negotiations were recently completed and they held 5 very successful training sessions on the new contract. Looking at a 3.8% increase in July. They are currently in arbitration over a Sunday run.  Are relooking at how workers compensation is handled. Want a more aggressive return to work.

Kimberly Somers, Whatcom Transportation – Had the highest ridership levels but revenue down by 14%. Fare increase from 75¢ to $1.00 for all rides; express is $2.00.  Dipping into reserves will last through 2011.  Have some service reduction plans ready if needed. Every job is being scrutinized. Labor negotiations due to start this summer. ATU is asking not to go through with the negotiations.  Will probably start up in August or September.

Labor Outlook Updates: Roundtable Members

Kimberly Somers, Whatcom Transportation – Labor negotiations due to start this summer.  ATU is asking not to go through with the negotiations.  Probably start in August or September.

Ed Ruttledge, Intercity Transit – Finished negotiations with ATU last year. Will be negotiating with IAM this year.  Anticipate negotiations will go well. Although the HCA benefits are the best deal, employer rates are going up 28% in July. Will have labor arbitration next month over an insubordination case that was caught on camera and the cross-talk on dispatch.

Marianne DeMers and Nancy Venard, Kitsap Transit – have had ULPs and counter-ULPs, appeals and counter-appeals with the ATU for the past 18 months. Unable to get to interest arbitration due to ULP charges. Board has directed that the county do an investigation into perjury charges brought forward by the ATU.

Debra Hughes, Ben Franklin Transit – Had very few grievances and 1 arbitration. But recently received three grievances and two more coming. Issue is over employee’s completion of training before they are start probation.

Chris Baldini, Spokane Transit – Have a 3.4% wage increase. Supervisors also union and get a 3.4% increase.

Starting negotiations with paratransit staff.

Julie DeBoever, C-TRAN – The IAM has started out adversarial.  Looking to start negotiations soon. They want everything the ATU has. ATU settled last fall. The board is looking to cost share benefits.  Non-represented and ATU took on 5%, IAM has 100% of everything.

Mary Adams, Lane Transit – Using Echo NW to do an economic study of comparables. Expect to be bargaining pension costs and health care costs.

Tina Guzinski, Community Transit – All settled except ATU. In interest arbitration with ATU for 62 items. They want 3% for 3 years, full medical and eliminate part time.

Video Camera on Buses: our experiences; accidents, union issues and disciplines: Ed Ruttledge and Roy Burns

Ed and Roy presented a quick review of issues regarding on-board video systems. The reasons for installing video are a) risk mitigation from on-board incidents; b) risk mitigation in accidents; c) reduce vandalism; d) remove doubt.

They showed videos of certain incidents when the video came in handy for investigations.  Videos can be used for accident/safety analysis, counseling/training and disciplinary incidents.

PERC has spoken! Decision and impact of installing video systems is not subject to bargaining UNLESS “camera used for discipline, directly impacted the terms and conditions of employment and the employer was required to bargain both the decision and effective of…the use of…cameras” King County-PERC 9495-A (2008):  “If you are going to use cameras for discipline, you have to bargain the decision and effects.” Cathy Callahan, PERC Executive Director May 28, 2009

Intercity Transit involved the operators during the process. They were on the procurement team, listened to operators from other agencies, helped develop policy and procedures, and secured initial Memorandum of Agreement. 

There are issues that continue with contract negotiations on discipline in ‘self reporting’ and discipline must be related to “specific incident.’  On the 2009 Grievance Settlement items were the repositioning of cameras to prevent viewing of drivers’ compartment and management must contact business agent or potential discipline.

Other issues are the issue of public records request. The videos are considered “records.” It takes a lot of time from staff to view videos for records request and investigations. Right now the only charge for public request is the cost of the video.

What Intercity Transit did right: Involved operators from the beginning of the process, use the video for counseling and training, and use the video to resolve spurious complaints. What Intercity Transit did not do right: Operations Director commented that the error was not involving Human Resources from the beginning. The union was not involved and felt that Human Resources would have reminded them of the importance of that.

Sandy commented that the Department of Transportation grants does cover cameras, radios and fareboxes.

Legislative Update: Michelle Parvinen, WSTA

Have hired a lobbyist. Having a union member on the transit systems’ board was killed by amendment. Senate bill 5180 (flag stop bill) sailed through, passing successfully. Unlawful action transit bill was worked through. High Transit Corridor (taxing authority) helped C-Tran and Spokane Transit. Bill 1225 (Sales tax exemption bill) passed. Bill 5433 ($20 Local option tax bill) was vetoed at the last minute by the Governor. Asked if the $20 local option bill would get resurrected, told would probably be reintroduced in the Joint Transportation Committee. WSTA asked to pick up and publish the 6 month economic data information that is now being done by DOT only every two years.  The 6 month data is very beneficial.

Drug and Alcohol Testing Program Update: D&A Subcommittee

Christine DiRito, Intercity Transit: Has done recent Drug and Alcohol refresher classes agencywide. Problem is that no one has an up-to-date training video on the effects of drugs and alcohol. Uses the one from Comdata, however very out of date. Does NOT cover the effects of over the counter and prescription drugs as well as Meth. Questioned if there was interest among members to produce one.  Do something similar to what we did with the Ergometerics training and testing tapes; use our own staff to create and “star” in video.  Try and use grant monies from WSTIP and L&I to help cover costs.  Members indicated they were interested; Christine to schedule sub-committee meeting in the next couple of months to discuss further.  Christine also reminded committee members that D&A subcommittee meets quarterly and this is a good venue for agency DAPM’s to meet and discuss program and testing issues, share information.  Will send out notices of next meeting to all.  Also informed members of information recently gleaned at TSI Reasonable Suspicion Training: Prescription and Over the Counter Drug testing is in the near future; possible next 3-4 years.

Christine provided update on status of DOT’s mandatory observed collection procedures for return to duty and follow-up testing. Some unions opposed the “observed collection process for "return to duty and follow-up tests.” The US Court of Appeals recently ruled it is not unconstitutional. We are waiting for FTA’s response.  Mandatory collection sites can not make employees of the agency be the observer. Christine has more information for those interested.  Alberto suggested that in the future if we need to, we could tap into the procedures that Department of Corrections is using for observed collections, as they have been doing observed collections for years.

Ergometrics Testing

Kimberly Somers, Whatcom Transportation – They have noticed that those with English as a second language (ESL) had difficulty with the ERGOMETRIC test.

Christine DiRito, Intercity Transit – asked if it would be worthwhile to have ERGOMETRIC come to the next HR Roundtable.  Others thought this would be good idea.

Alberto Lara, Pierce Transit – Asked what others do where there is a large ESL population – Louisiana, Texas, and Southern California.

WSTTC Training Coalition

Christine report that Stephanie from Pierce stepped down and Christine has taken her place on the Board.  Christine noted that compliance training for DAPM’s should be yearly or at least every two years. The next training will be at the end of this year or early next year in Washington State. The FTA national Drug and Alcohol conference is scheduled to be in Los Angeles, CA. The Training Coalition would like a list of items you want for topics/training. They need your input and ideas for upcoming training.

H1N1 Flue and Communicable Disease Issues: Tabled until next meeting

Lane Transit’s Training: “Supervisor’s Role for Handling Employee Reasonable Accommodation Requests

Mary Adams and David Collier gave an explanation of the ADA Supervisors training.  Was attended by 25 to 28 people; primarily for Operations Supervisors.  Training takes approximately 1.5 to 1.75 hours.  Provides good, interactive discussion. Handouts included slides, a couple of quizzes, and a couple of case studies to discuss. A question was raised about getting union involvement when an accommodation is requested by union member.  Ed Ruttledge stated he tried to involve the union but they didn’t want anything to do with it.

Marianne DeMers, Kitsap Transit stated that one particular case was an accommodation for a particular bus.  It was Ok’d but later taken away due to union bid process.  Considered ok because you don’t have to violate the union contract for the accommodation.

Ed Ruttledge commented on the HRC and Washington State’s “super” ADA definition of disability – a disability is “Any diagnosable condition”. Part of the problem is there are no case studies to determine what trumps what.

Marianne DeMers stated they now have a new job description for new employees so are currently working fewer than two sets of job descriptions. Ed Ruttledge recommended they give notice to the union of a pending change. The union would have to respond within 14 days to demand to bargain.  May go into arbitration but would have a good chance of acceptance by an arbitrator.

Cobra Subsidy Update

Ed Ruttledge discussed the new COBRA subsidy is part of the “Stimulus Act.” There are three parts to the Cobra Extension and two of them are of interest to the employer.  With the short term Cobra, the employer is responsible to pay 65% of Cobra premiums for up to 12 months. The employee must be “involuntarily terminated” between 9/1/2008 and 12/31/2009. The employee has an additional 60 days to elect a Cobra plan. The employer is reimbursed for paying the subsidy, with the reimbursement coming as a credit against their federal payroll taxes (FICA).  Involuntarily terminated employees must be given notice of extended Cobra benefits. Model notices are available at: http://www.dol.gov/ebsa/COBRAmodelnotice.html. .  Employer is the one to determine if the employee qualifies.

Long term Cobra is for “older workers” that are eligible for Cobra benefits until they are Medicare eligible or they secure coverage through subsequent employer. Long term Cobra is NOT subsidized by employer. An older worker would be an employee that worked 10 or more years for employer or age 55 or older. 

Outsourcing Reference Checks; Your Experiences – All Members

Marianne DeMers, Kitsap Transit uses REXIS out of South Carolina.  They are ex-CIA officers. Costs differ based on criteria.  For drives it is $110.00.  Due to info that has come back, they have rescinded 3 job offers. Takes between 48 to 72 hours. Went to REXIS due to litigation.  Had they done so before, there probably wouldn’t have been any litigation. Was asked what do you do when they can’t get anywhere with an employer. They contact the perspective employee to get with the former employer. Has worked so far.

Tina Guzinski, Community Transit –AIR didn’t work.

Kimberly Somers, Whatcom Transportation – Uses Pinnacle. Does limited checks. Does multi-state calls.  Very pleased with them.  Is a woman-owned business. All but reference checks take 24 hours. Has various plan rates.  Basic is $45 - $55.  Top $100.

Patti Carlin, Grays Harbor Transit – Uses Pinnacle. Had a bad experience.  Was an outstanding warrant that wasn’t picked up (drug charges and embezzlement.)  Now uses REXIS for State and SSN verification.

Lori Dougherty, Mason County – Good things came from their checking; Lori’s SSN had been used by someone else.  Good catch!

Debra Hughes, Ben Franklin Transit –Had bad experiences on reference checks by Background Source out of Idaho. Do Federal, criminal, driving and education checks. Check SSN through e-verify. Have toyed with the idea of doing finger printing.

David Collier, Lane Transit – Use “Open On-Line”, does nation-wide search for $18.00 a record. May be a delay for results.  All on-line.  They do reference checks in-house.

Tina Guzinski, Community Transit – Uses “Regis E-degree”. Does a nation-wide search. Cost $18.00 per record. The perspective employee send out to references and the former employer sends it back. Problem is you don’t know which reference sent back what.

Julie DeBoever and Sandi Free, C-TRAN – Uses WA ST Patrol for criminal background checks. Reference checks done in-house. E-verify for SSN.

Next Meeting: 

Next meeting will be held Friday, October 2nd hosted by Community Transit and Skagit Transit; exact location TBD

Proposed agenda ideas:

  • ErgoMetrics Testing Concerns; share w/ErgoMetrics Representative
  • Year End Benefits Summary / Total Compensation Summary (if you do one, bring it so all can compare.)
  • Discussion on Worker Compensation Claims; Prevention, Management, Costs and Strategies, Job Analysis
  • H1N1 Flu/ Pandemic/Emergency Planning (Mary Adams, Lane Transit passed out their policy at this meeting, she can lead discussion.)
  • D&A Sub- Committee Update

Announcements: SHRM Conference in Portland Sep 30 – Oct 1.

WSTA Leadership Retreat in Winthrop on July 30th. Kimberly Somers, Whatcom Transportation will represent our group at this meeting

PLS NOTE:  If you have ideas for future agenda items, pls. forward them to Tina at Community or Mary at Skagit.

Prepared by Intercity Transit

 

WSTA staff is happy to provide information and answer questions.

(360) 786-9734 ~  Fax (360) 786-9740
2629 12th Court SW  ~  Olympia, WA 98502-1118