May 2001
USA:
BART Uses Violence in The Workplace Against Employees - Fires Employee for Exposing Corruption In Newsletter
As many Station Agents and others know, BART [Bay Area Rapid Transit, San Francisco] has not seriously enforced Violence in The Workplace Programs to protect employees from violence. When Station Agent John Gant was assaulted and acted in self-defense, the District dropped the charges against the assailant, paid him a (Very Large) settlement, fired John Gant and is pressing criminal charges against John instead. They have now fired a mechanic in SEIU [the largest public employees union in the
San Francisco Bay Area] for publishing a newsletter in which he showed that a supervisor was enjoying some unauthorized BART perks at the expense of a whole swing shift and the public. The District then tried using the court system to get around arbitration. The following is taken from the Oaktown News, a newsletter published by members of SEIU.
On March 30, 2001, BART management suspended Ray Quan [elected Chief Steward for the mechanics at BART], without pay and without a hearing. On April 25th they sent him a letter terminating him.
Ray has always been a fighter for the rights of workers, both at BART and outside. He stood up to management in his ten years as Chief Steward for Oakland shops and as East Bay Vice President of SEIU Local 790. He frequently speaks out against management abuses and calls the union leadership to task when they get too cozy with the bosses. He has done this not only through his union positions but also as co-editor of Oaktown News and as author of Odds 'N Ends. Management wants to silence him and to intimidate all of us by firing him. It is no coincidence that this is happening at contract time.
The Story
The entire swing shift was eliminated at the Oakland Shop a little over a year ago. Some time after that, a rumor began circulating that a supervisor was taking a BART vehicle 70 miles to his home, claiming that he needed to be "on call" since now there was no one in the shop on swing. However, when the rare call came, it was his subordinate who went in "because he lives closer." The rumor was unconfirmed until someone gave Ray a picture of the BART vehicle in Manteca. This picture became the center of controversy that resulted in Quan's suspension. It was published in the February issue of Odds 'N Ends along with an article which satirized the District's hypocrisy on the matter. BART originally claimed the picture proved Ray was guilty of "stalking." When they discovered he hadn't taken the picture, they changed directions and charged him with "retaliation and intimidation."
On April 25, BART sent a letter to Ray, terminating him effective May 10. The District's termination letter claimed that the February "newsletter, represented a deliberate attempt to harass, frighten, intimidate and terrorize" The picture is of a public vehicle on a public street. While the District may not like exposure of the perks it spreads around management, pointing it out is hardly "retaliation and intimidation."
Violence in the Workplace?
Several months ago Ray published an article called Shooting News. It poked fun at the District because they erroneously sent him home and later had to pay him for the day. Ray, who is an avid target shooter and a long-time safety instructor, spent the day at the range and thus the name "Shooting News." The District retaliated by claiming they could somehow construe this as a threat and thus a violation of their Violence in the Workplace program. They kept Ray off the property 45 days negotiating a settlement. The facts were there were no threats made or intended and the District had no real case. But they do have deep pockets, and can afford to keep an employee off the property for 12 or 18 months or however long it takes before arbitration. And who knows, they might get a friendly arbitrator and get a split decision with no back pay. Under these conditions Ray made the tough decision to accept loss of pay for "time served" and several other conditions which were easier to accept - including no violations of the Violence in the Workplace policy.
The District claimed that this was not intended to get around Ray's constitutional right to publish. However, that is exactly what they are now doing. If they can get away with calling the Odds 'N Ends with the photo a violation of Violence in the Workplace then anything any BART worker writes or even says critical of management will be a violation as well.
In an attempt to bolster their weak case, the District made a series of misleading and knowingly false statements to the Alameda County Courts to get an injunction against Quan to keep him away from his workplace. This is not only a very cynical maneuver on the part of the District, but also a dangerous one for all of us. Management is attempting to go around the contract, which does not allow workers to be put off the property without a hearing unless they violate the "big seven." BART has been unable to get the "big seven" expanded through negotiation. Now they are attempting to expand them via the court system.
Why is this happening now, at contract time? Despite the fact that the District is rolling in extra cash, they are aggressively going after takeaways at the bargaining table. In the past, militant workers speaking out and organizing against takeaways have been the key to worker victories. The District is making a pre-emptive strike to quiet potential opposition and eliminate an outspoken worker like Ray. This does not just affect Ray Quan, it affects all workers and our rights to due process and free speech. It is important for all of us to make clear to the District that we will not accept this gross injustice to Ray nor will we be intimidated into silence.
Free Speech Vindicated
Pending the court date there was a temporary restraining order against Ray Quan. BART was trying to get a three year injunction against him which would have overruled any arbitration hearing. Ray says the injunction and discharge were management's warning shot for upcoming contract negotiations. They would have had the effect of excluding him >from participation in the union and discussion of the contract.
On May 14, 2001, Ray's co-workers and community supporters filled the courtroom, lined the walls and spilled out into the hallway. They let out a loud cheer as the judge threw out the temporary restraining order. He ruled that BART had no credible basis for the injunction and that it clearly violated Quan's right to freedom of speech. Judge Lee ruled that an article about "a public vehicle on a public street was worthy of public comment" and that BART would have to pay the fees of the attorney representing Ray.
This was just the court battle. Ray is now scheduled for an arbitration hearing in late July. We urge workers at BART, in sister unions and in the community to support Ray Quan. Help us organize a fight for justice and in defense of all our rights. Please sign the petition circulating demanding that BART reinstate Ray Quan. We should also organize demonstrations and informational pickets until BART gives Ray his job back.
Please, send your signature, that of your union, copies of resolutions of solidarity you may consider passing at your union, community or political organization to:
RayQuanDefense@Yahoo.com
Please, send copies of your message of solidarity to:
socialistalternative@ix.netcom.com
The comrades of Socialist Alternative, the US section of the CWI participate and lead a caucus - the Transit Worker Frontlines - in the other union representing workers at BART - the Amalgamated Transit Union, Local 1555. This union represent the train drivers and the Station Agents. They publish a regular, monthly newsletter with that name.
They are now calling for preparations for an strike addressed to both unions, ATU and SEIU in view of the demands from BART management for concessions during the discussions of the contract that expires on June 1, 2001. Our comrades are also proposing to run a full slate of candidates against the official leadership of ATU for delegates for the National Convention.
Ray Quan firing is part of the strategy to demobilize and intimidate workers and particularly activists. Quan was very active in previous strikes and he is also an oppositionist from the left to the leadership of his union. Socialists and others are hard campaigning for the job and the rights of Ray Quan. Forcing the re-hiring of Quan could mean a big boost to the preparations for an strike against concessions and/or would embolden workers and generally weaken the administration. Recently, more than 100 BART workers mobilized to a court hearing to support Quan against an injunction order introduced by BART against him. The injunction was quashed by a judge.
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