Violation of Section 4 of ATU757 Bylaws
On April 20, 2021, Dee Williams (Dee W.) sent an email [Exhibit C_01] advising Mary Longoria, ATU757 Financial Secretary-Treasurer of her concerns regarding the Top 3 Officer Salaries as per ATU757 Bylaw [Exhibit C_02] Section 4 – Salaries of Officers. Dee W. points out the removal of the Computer Technology Specialist position in our current TA (Tentative Agreement) page 17 and also makes reference towards the Side Letter (MOA); that ATU757 President, Al Zullo signed in 2004 [Exhibit C_03]. Dee W. states that she knew Doug Allen retired several years back and questioned as to when John retired.
On April 22, 2021, Mary Longoria ATU757 Financial Secretary-Treasurer emailed Dee W. stating [Exhibit C_04] “Good Morning Dee, As long as the position is in the wage scale it is what I use to calculate wages for the Officers. When it changes I will make the adjustments, report it to the Internal Budget and Audit Committee, the Executive Board, and the Independent Auditor.” Based on Longoria’s email, it is apparent that the Top 3 Officers are still receiving wages based on the salary of the Computer Technology Specialist position as of April 22, 2021 and has not been properly adjusted as per ATU757 Bylaws [Exhibit C_02].
The MOA that Zullo signed in 2004 [Exhibit C_03] states in #3 “Upon retirement or voluntary termination of Allen and/or Kellerman, the Union classification of Computer Technology Specialist shall be extinguished and the work and classification of any new employee doing the work previously performed by Allen and Kellerman shall be non-union work, the employees will hold management classifications, and the employees shall not covered by the collective bargaining agreement.” Allen had retired before Kellerman leaving him the sole person maintain the position. In the April 25, 2018 TriMet Newsletter “Expressline” [Exhibit C_05] it states that John Kellerman has retired after 37+ years of service.
The MOA is clear and specific. The position of Computer Technology Specialist is no longer a union position covered by the collective bargaining agreement upon the retirement of Allen and Kellerman. John Kellerman retired in April 2018, and being the final person holding the position, his retirement causes that position to be removed as a union position effective his last day of working the position. Longoria, ATU757 Financial Secretary-Treasurer’s response [Exhibit C_04] to Dee Williams email is ignoring the MOA and treating the extinguished position as if it is still active. The Working Wage Agreement [Exhibit C_06] that expired November 30, 2019, was the last collective bargaining agreement that listed Computer Technology Specialist. Even with Longoria ignoring the MOA, the position no longer exists for future contracts. This includes the December 1, 2019 – November 30, 2022 contract that is tentatively scheduled to be ratified in April/May 2021. With the knowledge that the position no longer exists Longoria is still knowingly paying the Top 3 Officer’s as if the position is still active. The result is an overpayment in wages to the Top 3 Officers. With this information, Dee W. alleges the ATU757 President – Shirley Block, ATU757 Vice President – Jonathan Hunt, and the ATU757 Financial Secretary-Treasurer – Mary Longoria, have been overpaid since the date of John Kellerman’s retirement in 2018.
Dee W. is submitting this information and evidence to ATU757 President – Shirley Block, ATU757 Vice President – Jonathan Hunt, ATU757 Financial Secretary-Treasurer – Mary Longoria, ATU757 Office Records, ATU757 Executive Board Officers, ATU International and the Department of Labor, so that a proper investigation will take place to determine if this overpayment of wages, is an illegal act. At this time, Dee W. is filing Preferring of Charges towards ATU757 President – Shirley Block, ATU757 Vice President – Jonathan Hunt, ATU757 Financial Secretary-Treasurer – Mary Longoria for allowing this overpayment to take place. If the investigation finds that an overpayment(s) has taken place, Dee W. is charging that the violators refund all overpayment(s) to the ATU757 General Fund, and forfeit their current positions.
The charges towards Longoria being submitted are Financial Malpractice, Nonfeasance in Office and Violation of duly established and applicable rules, regulations, policies and/or practices of an LU, JC, or the IU. The charges towards Hunt being submitted are Financial Malpractice, Nonfeasance in Office and Violation of duly established and applicable rules, regulations, policies and/or practices of an LU, JC, or the IU. The charges towards Block being submitted are Financial Malpractice, Nonfeasance in Office and Violation of duly established and applicable rules, regulations, policies and/or practices of an LU, JC, or the IU.
It is the duty of our Top 3 Officers to assure that our bylaws and constitution are understood and followed. The Top 3 Officers should have a full understanding of the impact that a side letter (MOA) has, not only on the contract it is in reference toward, but also to the effect it would have on any bylaw that is dependent upon that contract language. It must be understood that an MOA takes priority over contract language. In this case, the Top 3 Officers were aware of the MOA, and that the person had retired. From December 1, 2019 to current the Top 3 Officers knew throughout contract negotiations that the position had been extinguished in 2018, and could not be included in the 2019-2022 contract. Yet, the top 3 officers still maintain that the position that their pay is referenced from, is still in effect until the ratification of the subsequent contract.
Negotiation started January of 2020, and was just voted on in April 2021. Throughout negotiations, the Top 3 Officers were aware that the 2019-2022 contract would not include the position that their wages are based on. The position that their wages should be based from is $8 an hour less then what they are currently paying themselves. It is not appropriate for the top 3 officers to maintain their higher wages by stating that the contract is status quo until a new one is ratified. The top 3 officers are knowingly taking pay based on a position that has been extinguished.
If found guilty, the top 3 Officers should be removed from office and reimburse ATU757 General Fund for all overpayment(s). Additionally, if the investigation reveals further irregularities and wrongdoing by the Top 3 Officers, ATU 757 shall be made whole.
NOTE: All Exhibits are being submitted to the Union Office to be filed. Copies of the exhibits should be request from the union office.
A minimum of Ten (10) signatures of members in good standing is required for a preferring of charges against an officer or officers is to be accepted. Below are signatures of the members in good standing who are in support of these charges to move forward.