Stop Railroading Of Ray Quan

Stop The Railroading Of SEIU Unionist/Whistleblower Ray Quan
Defend Worker\'s Free Speech!

Attend The Court Hearing
Monday May 14, 2001 9:00AM
Alameda County Superior Court
1221 Oak Oak St., Oakland


Once again, management is misusing the Violence in the
Workplace Program. Rather than use it to protect employees from real
violence, they are using it in a corrupt and cynical manner to silence an
outspoken worker.

On March 30, 2001, BART management suspended Ray Quan,
without pay and without a hearing. Ray has always been a fighter for
the rights of workers, both at BART and outside. He stood up to management
in his ten years as Chief Steward for Oakland Shops and as East Bay Vice
President of SEIU Local
790. He frequently speaks out against management abuses and calls the
union leadership to task when they get too cozy with the
bosses. He has done this not only through his union positions but also as
co-editor of Oaktown News and as author of Odds \'N Ends. Management wants to silence him and to
intimidate all of us by threatening to fire him. It is no coincidence
that this is happening at contract time.

The Story As some workers already know, swing shift at the
Oakland Shop was eliminated a little over a year ago. Some time after that, a rumor began circulating that a supervisor was now taking a BART vehicle 70 miles to his home, claiming that he needed to be \"on call\" since now there was no one in the shop on swing. Although, when the rare call comes it is his subordinate who comes in \"because he lives closer\". Quan was unable to confirm the rumor until someone took a picture of the vehicle out at Manteca and gave it to him. This picture became the center of controversy that has resulted
in Quan\'s suspension. It was published in the February
issue of Odds \'N Ends (Vol. VII, No. 3), along with several articles, one,
satirizing the Districts hypocrisy in this matter. BART originally
pretended that the picture proved Ray was guilty of \"stalking\" but then
they discovered that he hadn\'t taken the picture. So they then changed
directions and charged him with \"retaliation and intimidation.\" Note that the picture is of a public vehicle on a public street. And while the District may not like exposure of the perks it spreads around management, pointing it out is hardly \"retaliation and intimidation\".

Here is where management really abuses its Violence in the Workplace
program. Several months ago Ray had published a satirical piece called
Shooting News. It poked fun at the District because they had
erroneously sent him home and later had to pay him for the day. Ray, who is an avid target shooter and long time gun safety instructor,
had spent the day at the range on the Districts dime and thus the name
Shooting News?. The District retaliated by claiming that they could somehow construe this as a threat and thus a violation of their Violence in the Workplace program.
Management claims for itself the right to decide what is violence
in the workplace and what is not, who they will use it against and who they
won\'t. So the program becomes not one to protect employees from real
violence but a means to retaliate against a worker they don\'t like. They
kept Ray off the property 45 days negotiating a settlement. The facts
were that there was no threat made or intended and the District had no real
case. But they do have deep pockets. They could afford to keep Ray off the
property for 12 to 18 months before they lose in arbitration. And who
knows, they might get lucky and get a split decision with no back pay. It was under these conditions Ray had to make the tough decision to accept loss of pay for time served and several other conditions, which were easier to
accept -- including no violations of the Violence in the Workplace Program.
The District made it clear across the table that this was not intended to
get around Ray\'s constitutional right to publish. However, in the
present case this is exactly what they are doing. If you think we are
exaggerating read the Feb. 28th issue of Odds N Ends. See for yourself. There is no violation of Violence in the Workplace Program here ? period! If they can get away with calling this issue of Odds N? Ends a violation of
Violence in the Workplace then anything any BART worker writes or even says
critical of management will be a violation as well.

In an attempt to bolster their weak case, the District
has made a series of misleading and even knowingly false statements to the Alameda County Courts to try to get an injunction against Quan to keep him
away from his workplace. This is not only a very cynical maneuver
on the part of the District, but also a dangerous one for all of us.
Management is attempting an end run around the contract, which does not allow workers to be put off the property without a hearing unless they violate the \"big seven.\" BART has been unable to get the \"big seven\" expanded through negotiation; now they are attempting to expand them through the court system.

Why?

Why is this happening now? Management always hates the idea that
workers can have free speech, or any other rights for that
matter. They do whatever they can to discourage us from exercising our rights. They would prefer it if we had no choice but to be good little soldiers on management\'s team, too afraid even to speak out. But more to the point, this is contract time. Despite the fact that the District is rolling in extra cash due to record ridership, they are aggressively going after take backs at the bargaining table. In the past, militant workers speaking out and organizing against takeaways have been the key to worker victories. This time the District is making a pre-emptive strike to quiet potential opposition. They are taking steps to eliminate an outspoken worker like Ray, and to make us think twice about opposing the takeaway contract that they want. This fight does not just affect Ray Quan. It affects all workers and all our rights. It is important for all of us to make it clear to the District that we will not accept this gross injustice to Ray nor will we be intimidated into silence. An injury to one is an injury to all!

We urge workers at BART, in Local 790 and in the community to support
Ray. Let BART know that you oppose its anti worker, anti union activity.
Help us organize a fight for justice and in defense of all of
our rights.
Come to the hearing May 14th, 9:00 am; Alameda County Superior
Court, Dept. 19

Endorsed by
Steve Gilbert, Mechanic CHB*
Sal Almanza, Chief Steward Track & Structures Bart Chapter, SEIU Local 790*
Bud Brandenburger, Chief Steward ODY BART Chapter, SEIU Local 790*
Joe Burrell, Retired Chief Steward System Service, BART Chapter SEIU Local 790*
Steve Chavez, Mechanic OHY*
Kay Davies, NSEA*
Dr. David Dong, YMCA, CAMP*
Wilmer Fong, CAMP*
Kay Gam, , RN
Maria Guillen, Recording Secretary, SEIU Local 790*
Chia Hamilton, OPEIU Local 29*
James Harris, Chief Steward Stores BART Chapter SEIU 790*
Lisa Isler, Recording Secretary, BART Chapter SEIU Local 790*
George Lai, American Federation Of Teachers, CAMP*
Albert Lannon, Chair Labor Studies Department. Laney College., Labor Council
Delegate Peralta Federation Of Teachers*
Clair Ervin Lee, CASE*
Sherman Lee, NTEU*
Tony B. Lee, CAMP*
Mary McGee, RN, SFRN Chapter, SEIU Local 790*
Meeka Quan, Cleveland Federation of Muscians, Local 4*
Vicki Reed, BART Chapter Chief Steward, Utility*
Roxanne Sanchez, Technical Writer, MET *
Naomi Schwartz, Instructor, St. Mary\'s College*
Rex Spray, Vice President SEIU Local 790*
Ellen Starbird, Labor Studies Instructor, Laney College, SEIU*
Gary Switzer, Chief Steward System Service BART Chapter, SEIU Local 790*
Austin Thomas III, Chair, Training Committee, BART Chapter, SEIU Local 790*
Jocelyn Won, Field Rep, SEIU Local 1000*
Barry Wong, SF Firefighter Union, CAMP*
Bay Area Workers Democracy Network

*For Information Only