DO FAIR USE LAWS EXIST AT TRIMET?

Originally posted 11/5/2011

Regarding an image I posted of my CYBER STALKER in an article published May 17, 2011 - SIX months ago.  This image was the subject of Margulies latest HR complaint about me.  

UPDATE 11/04/2011

The screen shot was taken from a You Tube Margulies recorded and published on his blog February 2, 2010. It was a rant made especially for me, our co-workers and his followers. It was intended to bully and intimidate me in my workplace, on my bus and in our community.  It was inflammatory and harassing and an attack against my character.  He kept it posted from 2/02/10 until some point after the following year - 2011.  He kept the audio/visual recording posted even after two Judges asked him to take it down. It was created as a tool to brain wash our co-workers and his followers against me by repeating the same negative message over and over again until their minds were set.  I use this image under fair use when writing educational posts about my experience and journey with this cyber bully/stalker.  Last week Mr. Margulies took a break from his monthly attempts at blackballing me from my Union to write me up again to HR.  He wanted this image taken down. He made the audio/visual recording from his home, on his own time using his own computer.  He is not on the time clock nor is he a customer.  Per policy, HR 202,  does  apply when used in conjunction with Respectful Workplace HR 171. Respectful Workplace violations have never been implemented on my behalf with regard to my abuser, however they have been used to protect another Operator from the same abuser.

Although I had complained every other week to my Ass't Manager, I officially (in writing to HR) reported Respectful Workplace violations against Mr. Margulies last January when the negative effects of his actions were reaching me in my workplace and on my bus. I felt embarrassed and humiliated. In a letter written to me on February 28, 2011, Trimet stated that because this particular audio/video/visual was made from his home, his computer on his own time she couldn't help me.  However, during that same period of time Trimet chose to protect another Operator (by giving him a warning for Respectful Workplace violations) who also felt "embarrassed and humiliated" after hearing her voice on his blog via a free air dispatch tape.  For her, Trimet chose to override his First Amendment for Respectful Workplace. For me they chose to override my Respectful Workplace for his First Amendment.  Clearly treating me differently then my co-worker.  The HR investigator who talked with me last week stated the image above is not a screen shot but rather an audio visual recording which she believes I made of him from his home and published without his permission.

***Note - HR-202 policy states,  "You must obtain the express permission of any Trimet employee or customer before making audio or visual recordings of them or using such recordings in an Internet posting." 

She also protected him regarding the pictures and postings of me on his Watch Blog by stating none of them were recent and they've already been addressed.  None of them have been addressed. HR ignored my complaints. My posting of "Don't Fuck With Me Fellows' was published September 25th. One month ago.  He changed the words around to create a different interpretation for the reader. That makes the posting recent and his. The pictures - old or new depict me. He did not get permission to use them. They were taken from a place in which I wasn't using them to verbally attack him or anyone else as he did me. The images he displays of me on his public blogs (3) are associated with various 'negative rants' - repetitious attacks against me over extended periods of time.  When people recognize me - they think 'negative'.  The pictures he posted of me have created a hostile work environment  in the garage and on my bus WHILE I am operating the Bus.  So much for safety!!!  In fact, in order to get anyone in management to address the seriousness of  these SAFETY issues to the public I HAVE TO file grievances and write about it here.  This is not something that should be swept under the rug.  The HR interviewers  purposely intimidate and bully you then expect you to Operate a bus.

 In this most recent write up,  the investigator refused all discussion by controlling the conversation through verbally drowning me out whenever I'd bring it up thereby violating my First Amendment right to redress my grievances.  Trimet HR investigators need to  treat me the same as they do Mr. Margulies and all other co-workers.

The second write up was from John Olsen.  This is his (and some of Day's) 9th and 1/2 write ups against me.  

Can't blame either one of 'em.  They're who they are and doing what they do but no one is going to change them. Trimet's the problem by allowing them open use of HR's time and resources to harass, intimidate and bully me.   And then they expect me to Operate a bus - SAFELY?!!!