THREE YEARS LATER THE ATU STEP III PROCESS FINALLY HAPPENS

STEP III GRIEVANCE

Before I was willing to finish this series, I was waiting for the Union Step lll hearing and arbitration request to finish. IT TOOK THREE YEARS. It was finally heard last month, October 20th. The outcome of that meeting and request for arbitration is not a secret since I talked about it in the previous posting.  I found the process, how you're treated by Trimet for speaking out, fighting back and filing grievances a total scam, corrupted and demeaning to the human spirit. The next post will be about the hearing I attended at the Union office to ask for arbitration.

Some of you might want to take note of her new employer.  

Well...  looks like she's movin on faster then one can check out her resume.

Three years ago, Al Margulies and John Olsen (re: Chris Day) wrote me up to HR. Not together but separately. HR's Peggy Callahan chose to put the writeups together. I wrote about the INTERVIEW , investigative process and the reprimands I received as a result, on a regular continuing basis throughout this site, throughout the years.

WHY? BECAUSE IT WAS MY LIFE, MY EXPERIENCE, MY VOICE, AND I WANTED TO CREATE AS MUCH ATTENTION TO THE PROBLEM AS I COULD SO WHAT HAPPENED TO ME WOULDN'T EVER HAPPEN AGAIN TO ANOTHER PERSON! 

Amazingly enough,  every time I wrote about my experiences Margulies came back (example below) and kept trying to silence me.

He was bullying and harassing me all the while preaching from a pulpit which stood directly in front of a flag of the United State of America proclaiming Freedom of Speech!

Mr. Transparency

Nevertheless, this hasn't been about him for years because he is who he is and does what he does. No one can change him or anyone else's behavior except employers with policies who are willing to enforce them and lawmakers who are willing to make laws to stop Cyber Stalking in Oregon, that can and will protect us from perpetrators such as Margulies and his followers. The solution lies within protecting your employees not manipulating the system for or against someone because of personality  and or Diversity issues. The situation with me ended up evolving into a different but just as concerning problem with Trimet's HR department. Their lack of enforcement of their own policies can break a Respectful Workplace. They manipulate the system which makes them just as guilty of Bullying and Mobbing their own workers instead of protecting everyone equally and equitably - as promised.

I read a post on a Facebook Union only site about an experience another co-worker had with HR. He is being bullied and harassed by a known perpetrator, someone with a history of abusing co-workers - similar to my experiences, although more so through the abusers position of authority and not publicly as I was abused initially. HR blamed him for being part of the problem. What they do, as I found out is use the pain, discomfort, threats the other party is using as a weapon against you and utilize those same methods against you to get you out of their hair. They treat you like you're a non-person - someone not to be believed or tolerated.

Having said that, Callahan accused me of being the problem, protected my perpetrators Margulies and Olsen from HR policies - the same policies she used against Margulies in protecting other co-worker victims from him. She mandated me to a meeting, refused to tell me what I was accused of, threatened to terminate me if I didn't remove something from my Blog but wouldn't tell me what it was.  She beat me up so badly I wasn't 'fit' by their own standards to safely Operate a Bus - SOP 584. They refused to accommodate my disability then sent me to Garage Manager Evelyn Warren who expected me to drive because, "we don't have any operators to cover your run". Callahan destroyed my time-slip for the meeting which put me time-loss, then told Leonard Lamberth to sign the reprimands WITHOUT KNOWLEDGE AS TO WHAT THEY WERE ABOUT. Ain't that somethin!

All of it GRIEVANCE WORTHY!  I filed several of 'em for giving me reprimands against my First Amendment, my Constitutionally protected rights to write this blog,  and Fair use Laws which protect my right to remove and publish images from the internet.

They covered the 3 year time span as the retaliatory treatment against me from Management continued.  I was (investigated) after being told I was 'charged' with Insubordination. (from Mark Poulson),  Blindsided by an outside attorney they hired to silence this blog,  Warnings and accusations of running a red light, honking the Bus horn inappropriately and disrespectful conduct against a co-worker - each of them mandated meetings after which they destroyed my time-slips - again and again. I also filed a Grievance against the reprimand I received for the John Olsen write-up. In all,  he's written me up to HR 13 or 14 times, signed 4 and promoted 4 petitions to have me blackballed from ATU,  and to boot - I've never had a conversation with him. "Ain't that somethin!

There was a time-line of events - each covered through three inches of documentation:  

Trimet protected a co-worker from Al by giving him a 'warning' for posting a Constitutionally protected free-airway dispatch tape of an incident she had in her Bus. Conversely,  they gave me 'reprimands' for defending myself from his attacks which were in direct violation of HR 166, 171 and 202. - everything he did against me was against HR Policies but remained uninvestigated, unsubstantiated. Not the first time they've done it.  

They pick and choose which employees are worthy of protecting and which aren't then use one against the other. In other words, they protected Monica Fairicy from Margulies even though what he posted about her was perfectly legal and not against policy. Then they used him to go after me having full knowledge that his actions against me on his Blog were not only in full violation of policies but morally reprehensible. HR and Management actions are the same tactics commonly used in Workplace MOBBING.  

THE STEP III PROCESS

A Step III includes, on the Union side two Executive Board members as Judges and my garage E-Board Representative. On Trimet's side, two Managers and one Manager moderator.  The Union side is coming from the premise of what affects one effects all. If the vote is split you gotta ask the Union to arbitrate.  An arbitration costs $5,000. You go there because some part of the working and wage agreement was violated.  In this situation it was 'working conditions' specifically my Constitutionally protected Freedom of Speech and Internet fair use laws. I was given reprimands because of what I wrote and images I published on my personal Blog which were in defense of myself since employer Trimet refused to enforce the same policies they used to protect my perpetrator from me and other co-workers from him. In fact, at one point they BLINDSIDED me with an outside lawyer who they paid over $5600.00 to investigate my Blog, just to tell them if 'fair use' laws really existed.  Mind you, Trimet is filled with salaried lawyers - all of which are versed in Constitutional Law which is required curriculum. The reality is that Trimet blindsided me with the lawyer in an attempt to silence me.

STEP III

3 inches

In the hearing I had a document to support every accusation made against me. I knew which document and where it was located.  I was organized and ready.

Step III Moderator:



Evelyn Warren, Garage Manager Center Street
$$87,628.06
(W2 for 2013)

Evelyn Warren was tied to my case from it's inception. A confidential exchange in documents revealed she had a part in every step of the HR process including the reprimands.  She arranged for Callahan to meet with me DURING my sign-up. She ignored safety by refusing to accommodate my disability after the interview, she didn't do or order a 'fit test' prior to telling me I "had to drive" after the beating from Callahan "cause there weren't any Operators to take my place." She protected and Mobbed (“bullying on steroids,” a horrifying new trend whereby a bully enlists co-workers to collude in a relentless campaign of psychological terror against a hapless target.")  Assistant Manager Leonard Lamberth before and after he handed me the reprimands which he admitted he didn't know what they were about.  She was copied on to virtually every e-mail and letter which addressed the situation. She had a hand in the writing of the letter of findings from Callahan. She judged the Step ll. She should have recused herself from attending as her presence created a serious conflict of interest to the integrity of the hearing and she openly and relentlessly created a distraction by Mobbing recently hired Assistant Manager Joanne Kirkbride. 

Whenever I talked she engaged Kirkbride into conversations. At one point I asked that they listen and she shot back just as snotty as one could, "She asked me a question!" Warren was purposely distracting her, mobbing her to her side. The legal system uses the phrase 'witness tampering'. Same thing only she was doing it openly in the meeting without caring who heard her. Kirbbride sat there smiling, appearing somewhat embarrassed but I don't know. Trimet picks certain personality types for those positions and shyness and embarrassment isn't on the list. But feigning those traits could be. She was fairly new - perhaps just checking things out. 

When I brought up different points to my case, Evelyn shot back, "That's not true.", "you're lying." She tried to make a liar out of me throughout the meeting. I presented documents from Trimet Managers on virtually every level of the company to prove each statement I made. When I talked about my sending Leonard Lamberth my personal notes and links via e-mail so as to familiarize him with the case prior to the reprimand meeting and then his sending those notes on to his daughter (who doesn't and never did work for Trimet),  Evelyn again stated it wasn't true, calling me a liar again, my Union Rep corrected her by reminding her that she was there and "YES - it was true. He did say it!"

On yet another issue where her Ass't Manager Lilia Montoya accused me of running a red light, couldn't prove it then accused me of inappropriately honking the Bus horn, downtown and in Gresham then she threw my 2 1/2 hr time slip away giving me time-loss for the mandated meeting. Warren then claimed that I "yelled' at another Operator in Gresham which wasn't true. She actually produced 'another' incident report supposedly from yet an additional Operator but refused to show it to us or tell us who it was. It was an incident report that just suddenly appeared. She then agreed to just "forget it".  ***Update.  It was later revealed by Union Rep Guingerich that Alfonso Clemments (Powell Op) wrote it.  He apparently has the reputation of writing anyone up that Evelyn Warren asks him to. He was my leader on this run. He was having a hard time with the schedule and reroutes. 3 days out of 5, I took the lead and ran his and my runs. I was pretty shocked to learn this about him. I was also shocked to learn that he had a difficult time with my race, culture and religion. This all from someone I've never had a personal conversation with. 

When the John Olsen reprimands came up I handed out proof where he wrote me up to HR over 13 times.

Evelyn challenged me again, "Ya, but how many times did you write him up?" 
Me, "Never."  
Evelyn, "That's not true, you wrote him up." 
Me, "No."
Evelyn, "Not even once?" 
Me, "Not even once!"  

All she had to do was make a quick call to HR or look at my or his file. She came to the meeting unprepared and accusatory. 

Judge:

Jay Jackson
Manager Field Operations
$98,234.71 (W2 for 2013)

Jackson arrived at the meeting with his Laptop. He sat directly in front of me with it open. It was quite large! He was deeply involved with it - appeared to be reading something.  I asked if he was being paid 'overtime'   Everyone laughed but I was serious. Either you're here or you're there! It was clear, he wasn't interested or focused. Just a body in a chair doing something else, his mind somewhere else. Insulting to the process, to me and the people (public) he works for. 


Judge:

Joanne Kirkbride
Assistant Manager Powell
7 months at Trimet

When she's worked a full year her salary will be similar to
Mark Poulson's, which was
$68,211.59 (W-2 for 2013)

She sat in-between Evelyn and Jay.

***

The Grievances were about abuse in the workplace.

When I looked across the table this is what I visualized.

That I was being judged but not heard.

Unless you're a victim of abuse or you've worked with abuse victims you wouldn't understand and would probably be wondering what it was that the person sitting across from you did to deserve what she got.  

Unless you're an abuser yourself!

My Rep and I went outside the meeting room while they deliberated. At one point my Rep suddenly got up and went into another room.  She came back and said Evelyn had called Shelly Lomax, Executive Director Transportation and Barry Chapman, HR Business Partner to come down to assist in the deliberations. Highly unusual! It was all very sudden and curious. In the meantime one of the Union Judges came out and said to me, "Evelyn's attacks against you were very personal. It was obvious. Do you know that?" Me, "I know."

They got out of being responsible for the reprimands by saying they were given by HR, as a result cannot be grieved.  But the reprimands weren't given to me by HR. They were given to me by Leonard Lamberth:

Then, of course REALITY:  the politics of the agency:

The Grievance hearings are a facade meant to comply with the ATU contract. Trimet Managers have no say or power over these hearings. They are told in advance how to vote. Those Managers who comply against a target are assured continued employment.  

THE VOTE:

Two union judges voted the reprimands be removed from my file.

and the two Company judges voted they stay.  

Next step, ask the Union to arbitrate.

The next posting will deal with John Olsen. The one following will be

my request for Union arbitration. 

DID ANYONE CLAIM THE MONEY? (arbitration request)

Sheesh!

I was told by my Union Rep that my request to the Executive Board for Arbitration was voted down because:

My Rep, "Someone said you called them names too and they said they have proof."
Me, "Who?
My Rep, "I don't remember."
Me, "What proof?"
My Rep, "They didn't bring it."

Did the meeting have secrecy issues?  Because the thing is the votes in those meetings are NOT secret ballot. Was she protecting them or was she protecting a Union 'brother', a co-member of the Executive Board BEFORE she'd protect just a regular 'ol run of the mill member?!! Apparently there's a hierarchy in Unions too.

I then offered $300.00 to anyone  previous post  who could prove I called Margulies (while he was working for Trimet) or any member, executive board or other,  names.  I didn't have to give a dime to anyone. WHY?  'Cause no one could prove it! WHY? 'Cause it wasn't true. I NEVER lowered my standards to name calling but I sure as the hell am now.  The problem with this specific Executive Board member speaking out like that is he used his position as an Union Executive Board Member to inappropriately lie and sway the vote against me.  So....  this is not over...

Some of the executive board members I've talked with since tell me a different story.  More on that later...

UPPING REWARD TO $300.00 CASH

No one jumped at my offer to give them a hundred bucks to prove their claim that I deserved the reprimands I received for allegedly calling All Margulies names. Violations of HR 171 and HR 202. 

I brought documents proving my defense. They weren't interested. 

They said they had proof of their own but wouldn't show it in the meeting. They made no attempt to show it through my e-mail or through comments on this posting. Either they don't have it or one hundred dollars wasn't enough.  I know what I write. I'm not into lowering myself through name calling, at least not yet. My Blog postings regarding Margulies has always been my voice from the abuse, my journey and educational material about Cyber Stalking such as how to identify it, protect yourself and typical character traits of the abuser/s.  

Soooo

I'M UPPING IT TO $300.00 CASH

Put your proof where your mouth is!

A MESSAGE TO JOE RUFFIN, MARY LONGORIA, JON HUNT, and the rest of the EXECUTIVE BOARD MEMBERS

Originally published 10/20/2014

I WILL GIVE A HUNDRED DOLLAR BILL TO ANY MEMBER OF THE EXECUTIVE BOARD WHO WAS PRESENT IN THE OCTOBER 20TH MEETING THAT CAN PRODUCE ANYTHING IN THE FORM OF AN:

a.) INTERNET SCREEN SHOT/S TAKEN FROM MY BLOG.

b.) DOCUMENT/S IN WRITING FROM ME.

WHERE I AM USING NAME-CALLING TACTICS AGAINST AL MARGULIES, WHILE HE WAS EMPLOYED AT TRIMET.

I'M NOT TALKING ABOUT WORDS LIKE 'REDNECK' OR 'DUMB AND DUMBER'.

I'M TALKING ABOUT SERIOUS NAME CALLING, SERIOUS AND SIMILAR WORDS TO WHAT HE CALLED ME FOR YEARS, PROFANE DEROGATORY SLANDEROUS DISPARAGING WORDS. SIMILAR TO WHAT

HE USED TO INCITE CO-WORKERS, HIS FRIENDS, FOLLOWERS, UNKNOWN STRANGERS SITTING BEHIND COMPUTERS,  CUSTOMERS, ANYONE INSIDE AND OUTSIDE OF TRIMET, AGAINST ME. WORDS COMPARABLE TO THE ONES HE CALLED ME ON HIS BLOG TO PUBLICLY HUMILIATE ME.  

OR ANYTHING ELSE PUBLISHED BY ME THAT VIOLATES HR 171 AND/OR  HR 202 (including images of co-workers obtained from any source other than the internet.)

PRODUCE IT , AS YOU SAY YOU CAN, AND I'LL GIVE YOU

A HUNDRED BUCKS!  

This btw did not involve ALL of the E-Board members, just the pro-Heintzman ones. Will someone please tell them he did not win the election nor is he working there anymore and it would be for the betterment of the membership if they would get their priorities in order and back the guy that did.  

CYBERSTALKING - AN ARRAY OF IMAGES - UPDATED

Originally published 6/5/2014

An assortment from some of the postings Jensen, Margulies and Hawk published about me, some dating back to 2009. Not in any particular order. A drop in the bucket compared to what I have on file. This posting is linked to Harry Saporta, Part II:

Harry Saporta, Part I

Harry Saporta, Part II

IMAGINE...  it were you, your spouse, daughter or mother. Perhaps a friend, co-worker, or the old lady down the street...

i m a g i n e

Lane Jensen.

Pretending to be a Trimet Operator standing in front of a flag representing Freedom of Speech, something he denies others. 

Followed me to work, set up his camera across the street and started taking pictures of me.

Earlier that day he was taking pictures of my home. I called the police. 

click images for zoom

I documented his taking pictures of me while I'm waiting for my Bus. 

Who sets up a tripod like this to stalk someone?!!  

His behavior is scary. He appears justified in his actions. At what point does it turn (in his head) into justifiable violence?

Trimet headquarters

A friend took it from the bus stop.  She was on the same bus as Jensen and Alex Hawk and became concerned after over-hearing a conversation about me.  My bus arrived, he came out quickly and hid around the corner of the building until I walked in. She said it was though he knew exactly when I'd arrive. When I came in Hawk told me Jensen was in the restroom. At that point I had no idea my work schedule had been published. I went into the Bullpen where I found out. Ass't Mgr Mark Poulson encouraged me to get a restraining order. He went outside to verify it was Jensen, then came back and said he would put something in writing. He then avoided me for several days then later said Jensen was on public property so there was no issue.  It went from concern to fuck you!  Warren came out, wanted to know what was going on and why. Cut me off mid sentence then said they would change my work to the Board. She was initially concerned as well and gave me the day off. The next day it was 'fuck you'. Warren then turned everything over to Liza Mitzel, my Ass't Mgr who then ignored my requests for assistance and information for 17 days. They knew they had a liability as I warned them in March of 2011 that if they didn't intervene in what Margulies was doing it would be a problem.  

Jensen hacked into Trinet, employee only website, found my work, published it.

He knew my work and home schedule.

I then became 'free game' for their followers

THIS BLOG IS MY VOICE! 

When I'd write about the abuse and my journey through it, Margulies would send these types (snap shot above) of threats, trying to stifle me. When it didn't work he started attacking my mental state so no one would believe me. I didn't stop and won't because the topic is too important to walk away from.  The whole issue of Bullying, online or in the workplace will not stop until laws are made or enforced to protect everyone.  Bully's are gonna bully and if you're one, and in a position of authority, nothing's gonna stop you but laws, fines and jail time. 

Alex Hawk at a Board of Director's meeting.

Slider to 3:00 to end.

The threat, slider to 4:22

Jensen and friends called in 8 complaints. They had my line/train and schedule. Trimet left  'em in my record even though they promised to remove 'em. 

Brad Pease, 

Trimet Bus Operator.  

Before his remarks on Jensen's Blog and Union only FB, I never heard of him, didn't know what he looked like or ever had a conversation with him.  He's a follower of Margulies. Has a weak mind apparently as Margulies' followers allowed his continuum of name calling over the years to set their minds against someone they've never had an actual life experience with. Accusing their victims of mental health problems is a common thread most abusers rely on when exposed. His comments on Jensen's Blog against me were in violation of HR policies 202 as it relates to HR 171, Internet usage / respectful workplace. When I complained, Stacy Chrest, HR Business partners, in a February 4, 2013 letter responded, "If you believe you have been defamed, you are free to consult an attorney about your options."

On Margulies Blog from a Board of Directors Meeting.

SOP 501B Trimet refused to enforce it,  for me.

Margulies, "This is where I developed the bad boy image, the glasses, the voice, it was all an act..."

Associating my name, picture recognition with "paranoid schizophrenia" and other mental health issues like "obsessive/compulsive, whacko or woman with obvious mental problems, etc..."  

Confession.

I don't support anyone who uses abuse against others. At one point I put this up to see if other victims would surface.  I feel everyone has a right to know so they can make informed choices before logging on to his Blog. He complained and HR gave me reprimands for posting this image. Still waiting Grievance Step III process. Images taken from the internet are protected under 'fair use laws'. 

http://www.copyright.gov/fls/fl102.html.

Peggy Callahan,  HR lead investigator was bullying me. She wouldn't tell me which image and I wasn't allowed to ask. "Now Ellen, now Ellen, now you know better then that, now Ellen...". She threatened termination if I didn't remove it. Accused me of making an "audio video visual recording" of him. So I guess she was accusing me going to his home and filming him. Yep!  A document exchange and BOLI public records search later showed she told Hayden Talbot and Shelly Lomax that I "removed the image",  then 7 months later told an investigator for the Bureau of Labor and Industries that I "didn't remove it."  Before a meeting with Ass't Mgr Leonard Lambert, I sent him an e-mail with links and a few images attempting to familiarize him with the problem before the reprimands. Later, during the meeting, I asked if looked through it and he said, "Oh no, I'm not interested in stuff like that so I sent it to my daughter." His daughter does not work for Trimet. Lambert , who didn't have a clue as what it was all about told me they told him to sign it so he did.  I later advised him not to sign his name to anything unless he knows it's true.  

Discussing me on twitter after I told him I'd call the cops if he got on my bus again.  

You wanna find out how hard I'll attack you?!!

You better hope to hell the both of you get a prison term first! 

From Al Margulies and Bob Cumming's twitter accounts. Margulies had it up on his Ranting's as well.  

** I have a lawyer and because this whole thing is so egregious she gave me permission to publish.  Statute of limitations is 8 years. The last screen shot was May, 2016, so the 8 years has reset itself,