May 14, 2009 5:30 pm US/Eastern
Union Files Grievance Against T Cell Phone Policy
BOSTON (WBZ) ―
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A picture from the MBTA's new poster announcing the total ban on cell phones for drivers.
WBZ
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This photo was taken from Aiden Quinn's MySpace page.
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Just days after publicly embracing the
MBTA's new zero-tolerance policy for electronic device possession by on-duty transit workers, the Boston Carmen's Union has filed a formal grievance demanding that it be withdrawn, WBZ News has learned.
The demand came Thursday afternoon in a letter from John A. Clancy, recording secretary of Carmen's Union Local 589, hand-delivered to MBTA officials.
While echoing recent union expressions of support for a crackdown on the use of electronic devices that might be a "diversion" to drivers, the letter describes the new T policy as "unreasonable under the contract, unprecedented in the industry and profoundly unfair to our members, without sound reason."
"The Union supports adopting a rule which prohibits the use or possession of an electronic device which is turned on so as to send or receive messages or provide music or other diversions to the driver," the letter states.
"However, our members bring personal belongings of a wide variety with them to work in bags, lunch boxes, or pocketbooks, simply as a normal, natural part of everyday life… The devices are lawful and even necessary accouterments of every day life in the modern world. Lockers are not provided to operators…"
Clancy's letter warns that if the MBTA does not withdraw the order and enter into negotiations over the policy, "The Union will seek legal assistance to preserve the status quo."
Contacted by WBZ-TV Thursday afternoon, Clancy would not comment on the grievance letter.
THE POLICY
Massachusetts transit officals are banning operators of their trains, street cars and buses from carrying cell phones while they are transportng the public.
The policy change announced Wednesday follows a
trolley crash last week that injured 49 people and was blamed on a text-messaging driver.
Officials said it is the strictest policy in the nation.
The state already banned its transit operators from using cell phones. This extends that ban to prevent drivers from even carrying them while on duty.
Drivers caught talking or text-messaging on a cell phone will be fired immediately.
The first time a driver is caught possessing a cell phone on duty, there will be a 10-day suspension. If there is a second offense, the driver will be fired.
"I know what I saw on Friday night in that tunnel," said MBTA general manager Dan Grabauskas.
"I know what the cause was and I know that this new policy would have prevented it."
Transporation Secretary James Aloisi said the policy is designed to avoid a repeat of "the error of judgment" that led to Friday's accident.
THE DRIVER
Green Line trolley operator Aiden Quinn told police he rear-ended another train Friday night while texting his girlfriend.
Quinn has not been charged in the crash.
The National Transportation Safety Board said Wednesday he is now
refusing to meet with federal investigators.
Quinn has until Friday to meet with his bosses at the MBTA about the accident or be fired.
Have you seen an MBTA driver using or carrying a cell phone on the job? If so, send us a picture.
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