Washington's Metropolitan Area Transit Authority on Monday threatened to bring in contractors and pursue further legal action if unionized employees refuse to work overtime.
The authority said in a release that union leadership was encouraging members to turn down extra shifts.
“Metro is aware of a potentially unlawful and disruptive labor action threatened by the leadership of ATU Local 689," said Metro General Manager and Chief Executive Paul J. Wiedefeld. "[W]e will do everything we can to minimize the impact to service while putting safety first and encouraging employees to continue working in support of our customers. Meanwhile, I am keeping every option on the table, including increasing the use of contractors and legal action to ensure full compliance with our labor agreement and the WMATA Compact.”
The developments come after Metro on Feb. 24 filed a federal lawsuit seeking to vacate an arbitrator’s ruling on overtime that sided with the Amalgamated Transit Union Local 689.
The authority is working to cut down on overtime in order to close a budget shortfall.
Metro in the filing in U.S. District Court stated it wants to implement an anti-fatigue safety policy designed to prevent bus and train operators from working seven consecutive days.
The union members who by seniority work on an off day are paid at time-and-a-half, while those who work a second consecutive off-day – called a “seventh day” – are paid double time.
An arbitrator in 2016 found that pay provisions in the authority’s collectively bargained contract with the union superseded the safety policy.
The authority said that its Fatigue Risk Management Policy provides that no employee perform work on more than six consecutive days, and that any employee working six consecutive days receive at least 24 hours off before returning to work.
The local opposed the policy, claiming Metro applied it inconsistently, and last year filed a grievance.
Metro in a statement said it has been phasing out the assignment of seventh-day work while paying some employees not to work on their seventh day.