President Jonathan Hunt’s letter in response to Shelly Lomax, TriMet Executive Director of Operations August 23 letter regarding Hourse of Service.
August 26, 2011
Shelly Lomax, Executive Director of Operations
4012 SW 17th Avenue
Portland, OR 97202
Re: Hours of Service
I received your letter dated August 23, 2011, along with the August 16, 2011 letter from John Johnson, Rail Safety, Oregon Department of Transportation (ODOT) to Harry Saporta, TriMet Safety and Secrity Director.
After careful review, it is my finding that the negotiated Hours of Service Policy between TriMet and the Union is in compliance with Oregon Law and Oregon Administrative Rulses. We are not aware of any changes in the law or administrative rules since the policy was originally negotiated, submitted to and approved by ODOT.
Quite frankly, it appears that the deficiencies noted in the August 16, 2011 ODOT letter are more directed toward TriMet’s reporting performance, rather than policy non-compliance issues with applicable Oregon Law and Oregon Administrative Rules.
As you are well aware, any change affecting the parties’ Working and Wage Agreement needs to be negotiated and voted on by the membership. You are also aware that ODOT is not signatory to the Working and Wage Agreement between the parties.
If either TriMet or ODOT is inferring or alleging that the Hours of Service policy, or any provision of the collective bargaining agreement is in violation of Oregon law, then I direct you to Article I, Section I, Paragraph 2 of the Working and Wage Agreement. This section and paragraph reads in part…”If any term or provision of the Working Agreemenrt or the application thereof to any person or circumstance shall to any extent be determined by final judgment or ruling of a court or state administrative body to be illegal, invalid or unenforceable for any reason whatsoever, the remainder of the Working Agreement…”
The Union takes very seriously, any attempt by a third party to intervene in the application and administration of the Working and Wage Agreement in effect between the parties. Any such unilateral intervention would have to meet the requirements of Article I, Section I, Paragraph 2 of the Agreement and be subject to appeal.
I hope this clearly outlines the Union’s position regarding this matter.
Jonathan J. Hunt
President – Business Representative
cc: Neil McFarlane, GM, TriMet
ATU 757 Executive Board