SMART-TD Bus Department wins arbitration awards for members

SMART-TD’s Bus Department continues to go to bat for members.

In the matter of SMART-TD Local 1594 and Southeastern Pennsylvania Transportation Authority (SEPTA), an operator was terminated following an incident involving a pedestrian while the vehicle was en route. Subsequently, SEPTA alleged that the grievant violated safety rules regarding pedes­trian hazards and safe vehicle operation, resulting in the grievant’s termination. SMART-TD contested the action, arguing that just cause was not established because SEPTA failed to impose progressive discipline, engaged in disparate treatment compared to other operators and did not consider mitigating or extenu­ating circumstances.

After reviewing the evidence and arguments, the arbitrator concluded that the termination was unjust. Accordingly, the discharge will be reduced to a 45-day suspension, and the grievant will be reinstated to the former position with uninterrupted seniority and full back pay, minus the suspension.

This arbitration was advanced by General Chairperson Anthony Petty, with the assistance of Vice President James Sandoval.

In the matter of SMART-TD Local 0172 and First Student Inc., an operator was terminated due to an alter­cation with another operator while on duty. First Student upheld the termination, even though the operator was defending themselves against the other operator. SMART-TD challenged the termination throughout the grievance process, and First Student offered a settlement in lieu of the arbitration hearing. The operator accepted the monetary settlement offer, and the discharge was expunged from their records.

This arbitration was advanced by General Chairperson Kathy Sitongia, with the assistance of Vice President Alvy Hughes.

That’s what we do!