A Metro Transit bus driver hit a parked car's mirror after his cell phone started ringing. Another driver was caught by a supervisor holding what looked like a cell phone to his ear.
Both drivers faced strict discipline for violating Metro Transit's new cell phone policy -- at least 20 days unpaid suspension and a final warning letter. The union that represents Metro Transit drivers, light-rail operators and other workers contested the discipline and both cases ended up in arbitration. The decisions, which were issued earlier this month, highlight the tension between Metro Transit and Amalgamated Transit Union 1005 over the new rules, which say that all cell phones and personal electronic devices must be turned off and stowed away from the driver's person while operating a bus or train.
While both sides agree that drivers shouldn't be chatting on their cell phones while they navigate a 40-foot bus full of passengers, union leadership said the policy subjects drivers to the same harsh punishment even if they forget to shut off their phone. Two violations of the rule result in termination, no matter how much time has passed in between.
"Our issue is: Does the punishment fit the crime?" said Michelle Sommers, the union president.
Metro Transit officials pointed to other cities where cell phone policies are more strict. Last year, the Chicago Transit Authority banned most bus drivers and rail operators from using or possessing cell phones, PDAs, MP3 music players and other electronic devices while on the job, with some exceptions for bus drivers who are not issued company radios. The mass transit authority in the Boston area also bans employees from carrying cell phones on buses and trains. Any employee caught texting or talking on a phone can be immediately fired.
Julie Johanson, deputy chief of bus operations for Metro Transit, said there is a sense of urgency in the transit industry in light of several high-profile accidents across the country that happened while transit operators were texting or talking on cell phones.
"We felt we needed to send a strong message to our operators," Johanson said.
Drivers fight discipline