Fired bus drivers vow to take case to federal court

Tuesday, Nov. 25, 2003 | 9:11 a.m.

Three bus drivers fired by the company operating the regional system say they will take their case to federal court.

Ben Carter and Steve Mora, two of three drivers fired by operating company ATC in January, said they will pursue the court option after an independent arbitrator last week rejected their appeal to get their jobs back. The company, which operates the Citizens Area Transit system under contract with the Regional Transportation Commission, said the trio tried to undermine the contract with the RTC and threatened a wildcat strike.

The three formed a group called the Transit Drivers Association of Nevada after publicly protesting the collective bargaining agreement signed by their formal union and ATC following a divisive 2002 strike.

The company said the workers went directly to RTC officials and argued that the RTC should ditch its contract with the company and hire the drivers directly.

In September arbitration hearings, ATC's lawyers argued, and arbitrator Howard Block agreed, that the drivers threatened a wildcat strike.

RTC Assistant General Manager Curtis Myles backed up the company's version of events in the arbitration hearing and again last week. He said Friday that his recollection of meetings with the drivers was that they threatened another strike and argued that the RTC should end its association with the management company, both grounds for dismissal under the terms of the company's agreement with the Amalgamated Transit Union.

Although the three have battled with their own union, Amalgamated Transit Union lawyer Richard Prochazka represented them in the arbitration hearing, arguing that the former drivers only exercised their right to speak to public officials.

Block, however, cited Myles' testimony, the trio's website and public statements by the three in his decision.

"We'll take it to federal court," Carter said. "That's exactly what we're going to do.

"In this town you can expect anything just as long as the pockets of your adversary are deep enough," he said. "In this case it was and still is a miscarriage of justice."

Prochazka said he won't represent them in an appeal.

"I just don't see where you would hang a federal suit," he said. "Under federal law, the decision is final and binding for all parties."

The three former drivers have continued to rail against the policies of the RTC, the ATC and the union. Complaints about safety policies that they have leveled in recent RTC meetings have prompted the commission members to put the safety issue on the agency's Dec. 18 agenda.