ECAT union sues Escambia County over First Amendment rights – Pensacola News Journal

Jim Little , jwlittle@pnj.com 6:32 p.m. CT June 16, 2017

Escambia County Area Transit held a "Try Transit Day" event in an effort to boost ridership Thursday June 15, 2017. County Commissioner Doug Underhill has questioned whether it is fiscally responsible to continue funding ECAT because of its low utilization rate. (Photo: Tony Giberson/tgiberson@pnj.com)Buy Photo

The union representingEscambia County Area Transit workers hasfiled a lawsuit in federal court against the Escambia County Board of County Commissioners.

The Amalgamated Transit Union Local 1395 filed a lawsuit Friday in U.S. District Court for Northern Florida alleging Commission Chairman Doug Underhill violated its members' free speech rights.

The union's complaint names all five members of the commission as defendants. The lawsuit claims that on June 6, Underhill instructed a manager with First Transit, the private company that runs ECAT, to "discipline or discharge" any workers distributing flyers supporting the transportation system and urging riders to fight against Underhill's proposal to eliminate ECAT.

Commissioners instructed county staff on May 30 to begin the process of negotiating with the union so the county could end its contract with First Transit and operate ECAT directly.

Underhill has urged his fellow commissioners and the public to take a closer look at county expenses to eliminate wasteful spending, and has pointed to ECAT as one of the examples of waste.

During the May 30 meeting, Underhill said he wants to call a referendum on whetherto continue funding a 4-cent gas tax that provides some of ECAT's funding.

Off-duty members of the union responded on June 5 with by distributing flyers at the ECAT transfer station that read in large, bold letters "FDU" and "Fight Doug Underhill." On-duty drivers also distributedbuttons that read "I need the BUS" to riders, but stopped after being told it was against county policy.

The lawsuit claims Mike Crittenden, ECAT general manager, wrote a memo to ECAT workers that said passing out flyers on ECAT property whether on-duty or off-duty was a violation of company policy.

Underhill told the News Journal on Friday he had not seen the lawsuit. But he said nothing in his conversation with the management of First Transit was directive.

"I asked a series of questions to which they provided answers to, and that was all," Underhill said. "Absolutely no order or directive was given at any time."

Mike Lowery, president of the Amalgamated Transit Union Local 1395, said he's worried about the First Amendment rights of ECAT workers and riders.

"The employees at ECAT currently feel intimidated by the county commission, and worried that they'll be disciplined, up to termination, for conducting their First Amendment rights,whether they're on-duty or off-duty on ECAT property," Lowery said.

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ECAT union sues Escambia County over First Amendment rights - Pensacola News Journal