Transit workers can’t strike

Posted 2/25/09

The Colorado Department of Labor and Employment denied Regional Transportation District transit union employees the right to strike. The ruling …

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Transit workers can’t strike

Posted

The Colorado Department of Labor and Employment denied Regional Transportation District transit union employees the right to strike.

The ruling denying the members of amalgamated Transit Union Local 1001 the right to strike was handed down late in the afternoon Feb. 24.

The existing contract expires and the department’s ruling means if contract negotiations between RTD and union negotiators reach an impasse, the contract will be settled by binding arbitration.

The ruling requires that both sides provide a list of five arbiters to the labor department by March 6. The deadline to appoint an arbitrator is March 13 and the ruling requires that arbitration will begin by March 27.

Holman Carter, union president, said the union is glad the ruling provides the option to continue negotiations with RTD representatives.

He said plans are for the sides to begin negotiation meetings Feb. 26.

“We have only met for negotiations twice and are just getting started,” Carter said. “We feel that with the option of binding arbitration available, we now can get down to meaningful negotiation and reach a contract agreement.”

Lee Kemp, chairman of the RTD board of directors, released a statement and said the district remains hopeful the sides can come to a negotiated agreement.

“In these tough economic times, we need to work together,” the statement continued. “We need to work together and remain focused on delivering our services to the residents of the district.”

The union filed a notice of intent to strike with the state labor department, Jan. 20.

The department conducted a hearing Feb. 19 in which both sides presented their position.

The Amalgamated Transit Union 1001 asked for a ruling forbidding the strike because of its impact on public health and safety.

However, RTD maintained the strike should have been allowed because, while it would have caused inconveniences, it would not have had significant impact on public health and safety.

RTD also maintained that mandating arbitration removed the incentive to take part in meaningful contract negotiations.

The department’s ruling stated that the officials considered the evidence presented by both sides and, in light of the complex relationship between the public, the employer and the employees, the decision was that an ATU strike would interfere with preservation of public peace, health and safety.

The ruling was signed by Michael McArdle, director of the state division of labor.

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