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48 °F Forecast | Road Cams Thursday, January 27, 2005 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Wellness Connection Readers' Choice Real Estate Showcase Real Estate Guide Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley EXTRA Newspaper in Education Personals Movie Times TV Times E The People Volunteer Opportunities Moving to Southern Oregon? MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend December 31, 2004 RVTD, drivers disagree on speech By JOHN DARLING for the Mail Tribune Local bus drivers are not pleased about being told they can’t talk to the press during working hours — and their union has told Rogue Valley Transportation District that, as long as it doesn’t interfere with service and safety, drivers have the right to free speech. Employees of RVTD were interviewed by the Mail Tribune at the Front Street transfer station for a Dec. 17 story on the stress and difficulty of taking comfort breaks and still staying on schedule. A memo that same day from RVTD’s operations department reminded employees they are bound by a policy that "no one is allowed to speak as a representative of the District unless so directed by the general manager," and "you represent the district while you are in uniform." The employees’ union, the Amalgamated Transit Union in Portland, differed, saying RVTD Operations Manager Tim D’Alessandro "appears to be threatening drivers who speak to reporters about work conditions." In a letter to RVTD Manager Peter Jacobson, union president Al Zullo said state law ORS 243.650(22) protects the right to speak in uniform and on company time. Advertisement The law states, "Nothing shall limit or impair the right of any public employee to lawfully express or communicate a complaint or opinion on any matter related to the conditions of employment." Zullo wrote that while employees may not speak "as representatives of RVTD" while on duty, they are "perfectly entitled" to speak about working conditions. Driver and union liaison officer Tom Henney said RVTD was "stretching the point" in trying to say drivers "spoke for the company" if they were in uniform. "As long as it’s my opinion and I’m not behind the wheel, there should be no trouble. I’ve read the law and if I’m on the street or anywhere else (and in uniform), I’ve got as much right as anyone else to voice my opinion, even if it’s about the company." Henney said that one interviewee for the news story was standing on the bus plaza on a 10-minute break between routes and the other was on union, not company business. Jacobson, the RVTD manager, said "if someone is unhappy" with RVTD policy, "they should come to us and we will discuss it face to face." He added, "To the best of my knowledge, this is not an issue and it’s best not even talked about (to the press)." The RVTD memo said the district "fully supports all employees’ rights to freedom of speech. As individuals you have the right to voice your opinion on all matters." However, the memo made it clear that, in addition to banning such speech on company time, it is also banned by district ordinance at bus stations. The memo noted that, without written permission from RVTD, no one, including drivers, may use a station for anything but "boarding, disembarking or waiting" for a bus. This includes union activity, the memo said. Zullo disputed that, writing, "we have learned from prior situations that transit malls are public places, similar to the public sidewalk, and therefore the public has free, unimpeded access to leaflet, survey and obtain signatures." The RVTD memo was sent to the union by an unidentified RVTD employee. No complaint has been presented to management, other than by the union’s response. Susan Stoner, the union’s general counsel, said she will recommend that Zullo call Jacobson and ask for a response and a clarification of policy. "What we assumed is that, since RVTD didn’t counter and say they disagree, then they agree with us." Added Stoner, "The key thing is that it (talking on shift) not interfere with work. If they have a five-minute layover and are stretching their legs or going to a restroom, they have the right to speak. We wouldn’t want anything to interfere with service or safety though." John Darling is a free-lance writer living in Ashland. E-mail him at [email protected] Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2005 Mail Tribune. All rights reserved. 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