California Court rules Cyber Bullying is Not Freedom of Speech

NEVER BE BULLIED INTO SILENCE
NEVER ALLOW YOURSELF TO BE MADE A VICTIM
ACCEPT NO ONE'S DEFINITION OF YOUR LIFE;
DEFINE YOURSELF.   Harvey Fierstein

MCFARLANE CAUGHT AGAIN!

Federal judge sanctions TRIMET for hiding evidence from victims' families in fatal bus crash.

McFarlane after getting caught hiding nearly a million dollars in raises for his executives, "We can do better, we will do better!"  

REALLY???  WHEN???  DO YOU HAVE A SPECIFIC DAY IN MIND OR WHAT...???

HE'S GOTTA GO!!!

RETALIATION - TRIMET STYLE

On April 23rd, my Union Rep and I met with Ass't Manager Mark Poulson to discuss a pre filling grievance I filed as a result of the disparaging treatment I received after an INCIDENT late on March 9th into early March 10th.  I am challenging Trimet's right to inadvertently make accusations against me, not tell me what they are, charge me with insubordination, put me on Administrative Leave, clear me back to work while the investigation is still on going then expect me to Operate a Bus down the streets of Portland, UNFOCUSED!

IF THIS BANNER IS FACTUAL, THEY AREN'T WALKING THEIR TALK!!!

Poulson was the investigator who put me on Administrative Leave as a result of Supvisor Myles Vaylon's charge of insubordination. As a result, his participation in the initial investigation created a CONFLICT OF INTEREST for the grievance hearing as it prevents him from appearing as a 'disinterested third party investigator'. Consequently, we re-scheduled the pre-filing with another manager. During the meeting with Poulson however, he was able confirm that he spoke with MY witnesses and they confirmed that I had NOT acted inappropriately at any point, that I had NOT raised my voice to the Supervisor and that it was in fact the Supervisors behavior against me which caused their concern. In other words, Poulson confirmed that I had in fact told the truth.  Why wouldn't I?!!!

IMG 2335 from al m on Vimeo.  Thanks Al!!!


The mp3 is from a FREE AIR DISPATCH call Vaylon made that night. It exemplifies his anger, his intensity.  It came from nowhere and continued throughout the time he spent there. I've known him since I started twenty years ago.  Nice guy, always had a good relationship with him. Not so that night. He arrived angry.  He wouldn't allow me to ask questions, in fact he shut me down right off the bat. He was not the 'same person I knew' so at one point I became concerned and quietly asked if he was "OK", if there was anything I could do to assist him.  He quite literally went ballistic! Hence, the call to dispatch.

Through the grievance, I asked for the following:

1.) I want someone to tell me what he accused me of!  What was it about me or my behavior that night that Vaylon felt was so terrible, so horrific to the running of the transit system that he was left with no other option then to charge me with insubordination?!!  My Union Rep to Poulson and Cook, "Insubordination is the 6th deadly sin. It's instant termination!  What were his accusations and why?" Poulson and Cook refused to respond.

I even asked through e-mail but it sounds like Poulson's denying there was a charge made against me?!!  The Union and Ass't Manager Cook knew it was insubordination so his response made it all the more bizzarre. It's just that Trimet has REFUSED to tell us what the 'charge' was then and even on up to today.  My theory is that they were set to terminate me on some trumped up charge (the mp3 holds the answer) but later found out I had credible witnesses so they clammed up. 

2.) That they respect the Operator (and the community) enough NOT to put them in a place emotionally where they can't focus PRIOR TO OPERATING A BUS.  They tell me that I'm up on charges which could quite literally lead to an immediate termination then tell me four days later to come back to work (with this still on my mind) WHILE THE INVESTIGATION CONTINUES...!

3.) Where are the commendations?  After-all, I saved a guy's life who ran a stop sign within a foot or two in front of the bus. I should've been acknowledged for it not admonished because of it.

He was in tears - he knew how close he came...  Several customers I've seen since told me they sent in commendations but they seem to have disappeared.  I suppose one could conclude that charging an Operator with insubordination in light of several responses from the public could dampen ones plans to terminate or at the very least RATTLE HER CAGE JUST ENOUGH TO LET HER KNOW THAT WE WANT HER BLOG POSTINGS ABOUT HOW WE DO BUSINESS TO STOP!

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Vaylon called a taxi at taxpayers expense to transport me to Center garage, less then a mile away. He didn't want me in his truck.  I  reached my hand out to him telling him that life was short and he just kept yelling at me.  He told me, "Every Manager is going to talk with you and if I have my way you'll never drive again."  When I arrived, Mark Poulson was there. We talked. After I left he found me outside informing me that, "Evelyn said Myles just charged you with insubordination. You're on Administrative Leave, you'll be paid your full run time. Look at it as a vacation " I asked what the charge was, he said he didn't know.  Contrary to what the manager wrote in her report above, I WAS NOT PUT ON ADMINISTRATIVE LEAVE AS A RESULT OF THE INCIDENT, I WAS PUT ON ADMINISTRATIVE LEAVE AS A RESULT OF THE INSUBORDINATION CHARGE!

My Union Rep later informed me that Myles said he couldn't complete the insubordination paperwork until he viewed the data (video) pack from the Bus. The pack came back blank.  hummm...  Several days later Mark left a voice message that I had been cleared to come back EVEN THOUGH the insubordination charge was still being investigated.  UNDERSTAND, with this information I am still REQUIRED TO OPERATE A BUS.  

Again, if I'm doing my job as I've been trained the very nature of it in and of itself forces me to focus. BUT if something happens to distract that focus then my job becomes a serious safety situation. If the distraction is the result of deliberate intimidating/bullying coming from a higher RANKING employee, THAT situation needs to be addressed!  General Manager Neil McFarlane in Part 2 of his KOIN interview stated "I would sort of ask the question, what is broken with Trimet?" Directly from the mouth of someone who is out of touch and unresponsive with his work force.  

See screen shot. Third paragraph down under District's Response, facts and notes.  In this situation, the cop just happened to be driving by and stopped to help.  He too was dismayed at Vaylon's behavior.

Screen shot again, down to 'Outcome of Meeting", "No violation of the Working and Wage Agreement occurred, no one was harmed, there was no disparate treatment and no discipline was issued."

"No one was harmed?"  Or as Emily Dickinson wrote:

 RANKISM

"Rankism is what people who think of themselves as somebodies do to people they take for nobodies. Rankism is pulling rank, putting people down, advantaging oneself at others' expense. Rankism is dominating or exploiting others."

Great article on Rankism and the politics of Dignity.

  

The Dysfunction factor at Trimet is mind boggling!  They can literally accuse you of anything and you have no rights. You're not allowed to ask what the charges are, therefore you cannot defend yourself. They can accuse you of anything then change the story at any time. Perfect example is what happened in the MEETING where Peggy Callahan made several accusations against me but refused to tell me what they were. Then she put 3 reprimands on my record which remain unsubstantiated and uninvestigated. (awaiting the step III Grievance process) "Now Ellen, Now Ellen, now you know better than that, Now Ellen!!!" You're not allowed to ask questions. If you call or e-mail they won't respond. If you contact BOLI they'll LIE through their teeth and in writing to try to discredit you. Out of frustration, if you start writing about the abuses on your personal blog they'll hire an expensive outside LAWYER to BLIND-SIDE and try to shake you up. Typically they'll acuse you of retaliating against them when in fact it's them doing just that to you.

BASIC SURVIVAL SKILLS - 101

Years ago, I remember sitting in AA meetings listening to other alcoholics talk about their dysfunctional family lives while growing up. I remember this one woman in particular. She'd talk about when she'd get home from school her father would literally grab her and throw her up against the wall and start yelling and calling her names, accusing her of things which weren't true.  She was never allowed to bring it up. Afterwards they'd all sit around the dinner table like nothing happened like they were from Walton's Mountain.  After spending years and thousands of dollars in therapy she finally 'got it' that it wasn't her stuff - it was her father's.  Through the years where I've had to deal with the abuses from HR and Managers without consciences I remembered that woman's story and was always grateful to her for sharing it because what I know is that every time I have to go through the RETALIATION game with Trimet and the dysfunction going on throughout that Agency,  I know it's their stuff, not mine!

WHISTLE-BLOWER

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"Employer's typically will not waste resources retaliating with employees that are young, inexperienced and have no public credibility. Retaliation often occurs against employees with credibility in their field that have stated their claim against the organization publicly."

Pretty much describes me.  I'm employed at TM for 20 years.  Not retired, terminated or disgruntled.  What I post IS credible!  Those I write about incriminate themselves through their own words via screen shots and documentation. 

I am also an employee who sued Trimet, was terminated as a result and won. There has been a "long and contentious" history of retaliatory acts against me from Trimet Management before and since the first day back after winning my lawsuit. The retaliation was primarily based on personal bias' and the fact that I DID WIN!  They DO NOT like to loose!  There's a well documented history of retaliating against anyone who CHALLENGES or EXPOSES TM either through THE Court system or through media such as BLOGS.  With the challenges I faced while being the target of Cyber harassment / Workplace Bullying on Al Margulies' and Chris Day's Blogs,  it felt like there was a renewed spirit of joy in the air and most particularly - most obviously -  from Hayden Talbot and a few of his followers like Mickey Young, Colleen Sexton, Peggy Callahan, etc. 

They knew the abuse was going on, they allowed it and it appears to have become a great source of entertainment.  HR refuses to enforce their own policies - when it comes to me!  

Bruce Hansen, ATU President... 

...accompanied me to the meeting with the Legal Department's outside lawyer because it touched on issues close to the membership. 'What happens to one happens to all.'

1.) Attacks against our FREEDOM of SPEECH, FREEDOM of the PRESS and FREEDOM of EXPRESSION.

2.) Being treated differently then "other similarly situated employees."

3.) Managerial, HR and Executives using their positions inappropriately to bully intimidate and retaliate against Union employees.


When I asked WHY I was there the lawyer initially said Trimet was concerned certain policies were being violated on my Blog. When asked which ones she didn't know but the only one that could be possible is HR-202 because she asked (in two different meetings) WHERE I got Peggy Callahan's image.  

"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."  via HR-202, Internet Technology.

Displaying images from the internet seems to be a sore spot.  Peggy Callahan threatened me with termination if I didn't remove the one of Al Margulies and I then received a reprimand for it.  According to the NLRB (National Labor Relations Board) her action was illegal. 'FAIR USE' laws. 

"The findings of the investigation confirmed that you had posted his picture on your personal blog without his permission." via Peggy Callahan, Trimet Senior Lead Investigator.

I later obtained a Union requested Document Exchange and Public Records from BOLI (Bureau of Labor and Industries).  Click HERE!  

In the October 12th meeting, Callahan threatened to TERMINATE my employment if I didn't remove an image of Al. Then she tells Hayden and Shelly I REMOVED it, then she tells the BOLI Investigator I DIDN'T!  Now she claims RETALIATION because I exposed her dishonesty.  

THE TRUTH ABOUT POSTING IMAGES ON BLOGS

BY TRIMET EMPLOYEES!

Since Peggy Callahan refuses to respond to me, I asked Stacy Chrest for permission to post a co-workers image on my blog.   "...although what you find on the internet is technically "fair game".  via Stacy Chrest.  THEIR POLICY IS ILLEGAL! They can't control what one takes from the internet.  The exception being IF the image is associated with  HR-171  Respectful Workplace violations.  When I post images of Al Margulies, Peggy Callahan or anyone else including Shelley Devine, etc on my blog none of it's associated with anything remotely slanderous, hateful, retaliatory or harassing. None of it was or is Respectful Workplace violations. They are simply images found on the internet I use to expose those who are practicing bullying intimidating harassing, retaliatory behaviors and or dishonesty against me. As in Peggy's case, where she got caught using her position as Senior HR Investigator inappropriately against a subordinate - and then lying to a Government investigator. And as in the case of Shelley Devine, using her position as Assistant Lead General Council to sign a document in a Government Investigation which wasn't investigated and isn't true.  Every word associated with their images on my Blog is truthful, mostly from screen shots depicting their own words or actions.  

The DIFFERENCE being from what I post and Margulies' posted (July, 2009 to his retirement in May 2012) is he'd use my picture and make videos on his (CYBER STALKING BLOG that were always associated with slanderous, hateful statements intended to create a hostile environment for me on and off the job and intended to ostracize me from the social network which exists in work environments. When I asked for the same policy enforcement Monica F received I instead got reprimands. My employer, as a means to further retaliate participated with my abusers.

The video is of a woman who's talking about her Schizophrenia. Al used these types of brainwashing techniques to associate my name with mental illness.  Similar to domestic abusers who, when exposed,  accuse their victims of being 'mental' so no one will believe them.  

Having a Blog to expose these types of abuses keeps me from becoming a victim.  It gives me a way to fight back and to help others along the way. It gives me a VOICE!  Today, it gives me a VOICE against the abuses from my employer. When it evolved to where I had to ask Trimet to start enforcing the same policies which protected Monica F they refused but instead used Al, Chris Day and John Olsen as a channel in which to retaliate against me.  According to the Workplace Bullying Institute, not an uncommon practice from executive levels.  

I advised Al Margulies I would be writing this series.  He, in solidarity has been understanding. I appreciate his patience. He has also been violated by Trimet for refusing to treat him equally with respect to Freedom of Speech, Freedom of Press and Freedom of expression. We may not like what we read or hear - hatred, abuse, verbal harassment, etc., but until laws are passed to protect us against HATE SPEECH  and CYBER STALKING he and others have the Constitutional Freedoms to say what they want! What I know is 'he is who he is and does what he does'. I can't change him any more then anyone else.  BUT when my employer writes specific policy's to protect us from Internet and Workplace violations I have every legal right to expect equal treatment of those policies against my abusers even including Managers and Executives.  

NO ONE PERSON OR GROUP WORKING IN ANY CAPACITY IS SO ABOVE THAT THEY HAVE THE RIGHT TO ABUSE ANOTHER! 

Next posting:  "And in the End..."

TOP DOWN ORGANIZATIONAL RETALIATORY BEHAVIOR

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