Originally published in Labor Today
Eric Basir is a Union Steward at Amalgamated Transit Union (ATU) Local 308 working for the Chicago Transit Authority (CTA). Eric has shared his story with Labor Today on the retaliation he faces by union leadership as well as company management. In the first article, we documented his punishment of being removed by his union’s Executive Board for his fight advocating for the rank and-file members of Local 308. In this article, we will document CTA’s retaliation towards Basir from management.
On February 8th, 2024, Basir filed an Unfair Labor Practice (ULP) with the Illinois Labor Relations Board against CTA General Manager Teya Calhoun and Senior Manager Kenitha Perry for removing union flyers and also calling the police on Basir to remove him from the Kimball shop. Per the ULP:
“I witnessed CTA General Manager (GM) Teya Calhoun/Finger remove fliers from the union board when I was in the Kimball Shop breakroom while on release from work in service to ATU Local 308 members at Kimball Shop. She said I could not be in the breakroom and was ‘causing a disturbance’ with my presence. She always says this every time I show up at CTA Rail Maintenance Shops. She is the only one that complains to me. After I informed her that she was committing an unfair labor practice by harassing me because I was being paid 8 hours by Local 308 to represent harmed workers, inform workers and that I was elected by the workers to post information and be available for questions in the breakroom. The GM told me that my posts were not ‘official union documents’ and that ATU Local 308 President Pennie McCoach told her that she could do so.
Upon confirmation with President Pennie on my telephone, I learned that no such approval was given and that Manager Calhoun/Finger had to allow me to place the fliers back on the union board. She also said I could remain there to fulfill my duties (describe in the Local 308 bylaws). Both GM and Senior Manager Kenitha Perry continued to harass me throughout the day as I sat in the breakroom with union application forms, newsletters, grievance and other important information.
They badgered me about if I had more cases and then called police to remove me, I received no warning that police would be called. I explained to the police I would cooperate and leave immediately and that what the GM was doing was an unfair labor practice. GM insisted that I was “causing a disturbance” and that President Pennie told her she could call the police on me. President Pennie was not available at the time I called to confirm. I was peaceful the entire time I was there. I left the building around 12 noon after obtaining the GM’s Chicago Police Department complaint number.
The CTA must cease and desist interfering with the administration of ATU Local 308 and their elected representatives (such as myself). This includes harassment. The CTA must admonish GM Teya, Senior Manager Kenith, and notify all other managers regarding protected union activity in non-work areas.”
Basir working at the Des Plaines Maintenance Shop – April 4, 2024
On Wednesday, March 20th, 2024, Basir contacted Manager Orvin Hurst requesting quality inspection reports from the Kimball location from the previous week. With no response, the following day, Basir once again contacted Hurst requesting documentation and stating if he was not provided QI reports he would be forced to file another ULP with the Illinois Labor Relations Board. Within minutes, General Manager Teya Calhoun responded back saying there was “no QI report to furnish to you as requested”. Basir asked to clarify that there had been no inspection reports in the last 21 days to which Calhoun responded again with “there is NO QI inspection report available for Kimball Shop”.
On March 22, 2024, Basir charged the CTA, specifically Hurst and Calhoun, with threatening workers for reporting quality inspection to the union, even though the day before Calhoun had told Basir that there was no QI reports to furnish.
“It was reported to me by a Kimball Shop AM crew coworker that on Friday, March 22 on or around 6:30 AM, Manager Orvin Hurst used a “Safety Meeting” to announce punishment of 1-day suspensions for ‘anyone who told the union about the QI reports (Quality Inspection).’ This occurred just one day after I was told there was no such report available by his General Manager.
“It is true that I have received numerous reports from workers who are afraid to identify themselves. They maintain a hostile and fear-driven, demoralizing work environment.
“The CTA must publicly apologize and stop threatening workers for contacting me or any other union representative about reporting workplace issues to me. The CTA must also educate the management about worker rights.”
- Eric Basir, Charge filed with the Illinois Labor Relations Board
On March 21, 2024, Basir was charged with suspension from the CTA citing a “safety violation” for using his cell phone while “jobbed on” to a task (i.e. not on break). Basir says these claims of a safety violation are retaliatory for his requesting documentation of above QI reports. Basir provides extensive evidence that the charges against him are retaliatory in nature:
“The Safety Violation fails Prior Enforcement because no one else is receiving punishment for cell phone use when awaiting new work tasks or on lunch. Management is fully aware of such use for cell phone for the 3 years I have been a Repairer, despite the rule. Moreover, other union officials who work at the CTA frequently email, call or have short communications with management and are never punished. Managers are always witnessed on their cellphones on the Shop floor around trains.
“The Safety Violation fails Prior Enforcement and Equal Treatment because CTA management relies on Shop Workers to use personal cell phones when we need reliefs while on the “Snow Fighter” trains, taking pictures of defects, rail yard inspection and notifying us about new work placed on the computer for us to job on. Although I do not do it, it is DAILY, accepted practice by CTA management in my department. No one is ever punished for it when CTA management wants to communicate with us on our cell phone while working on
trains, waiting for work or on lunch break.
“The Safety Violation fails Substantial Evidence because there are no witnesses or photographic evidence of me working while using the phone. My communications were during normal lunch break time that the entre AM crew uses 11:00-12:00 or 11:30-12:30. I was indeed on lunch.
“The Safety Violation has failed multiple tests for Just Cause. This violation should be
removed from my record, I should be paid for the 1-day suspension and be made whole. The
CTA must also cease and desist with disparate treatment of ATU officers and stewards.”
- Eric Basir, on his Safety Violation
The most recent incident was on June 27th, 2024, when manager Jakesha Beals confronted Basir in the breakroom of the Kimball Shop telling him to put away his union material. Basir explained that he was merely there to provide information to the employees on the union, the collective bargaining agreement, and to provide assistance if needed while he was waiting for a member requesting union representation. He was later called to the office with both managers Beals and Hurst who told him to leave until his planned meeting with the above member. Given that Hurst had already called the police on him once in February, he then put away his papers and resumed his post in the breakroom. After that, Hurst stopped ordering Basir to leave the building.
Basir on the above ULP:
“Kimball Shop is the only work location with management that openly objects to my lawful activities as a union representative. As demonstrated in previous ULP charges, I believe this is due to the unlawful conduct of General Manager Teya Finger Calhoun. CTA managers must cease and desist with impeding our ability to inform members, threaten and remove union representatives from CTA non-working areas. They should also publicly apologize to myself, ATU Local 308 as an organization and all unions. This must be in writing at all breakrooms, system-wide. That includes their official website in a press release that cannot be removed or altered.” Companies have long used intimidation tactics to keep workers from exercising their rights, both union and non-union. As we have documented here, managers often engage in illegal activities in the hope that not all employees or union representatives are aware of their legal rights. Eric Basir’s case is unfortunately not uncommon and workers across the country experience intimidation daily. Workers across the country must work to exercise their legal rights to organize and union members must become familiar with their collective bargaining agreement to prevent managers and bosses from intimidating them into giving away their hard fought rights.
