From the outset some simple facts regarding the lawsuit need to
be generally known and understood. Over half of the employees at TRAX signed a petition questioning the validity of the
current "union" representation arrangement. Both the UTA and the ATU steadfastly refused to speak with the TRAX
group in spite of the fact that they were clearly informed of the signers' intention to pursue legal remedy. Both the
UTA and the ATU had ample time and opportunity to at least discuss the issues involved. Both organizations refused to talk,
even when requested by the federal court to do so.
The lawsuit was intended to accomplish one thing only, which
was to bring about an election in which the employees at TRAX would be given the opportunity to decide between remaining in
the ATU Local 382, or establishing their own representation. Anything else you may have been told, with respect to the purpose
of the suit, is simply false.
Another important aspect of our now three year fight for our right to choose our
own bargaining representative, is what has come under attack. That is, the rights of transit workers, under the Urban Mass
Transportation Act, to organization and representation rights equivalent to those of workers in private industry.
These rights are clearly spelled out in long standing and well established case law. These legal rights, as well as the extensive
case law guaranteeing them, were simply ignored by Judge Paul Cassell in favor of the marriage of the UTA and the ATU (family
values?). This action by Judge Cassell and the 10th Circuit Court of Appeals, which upheld Judge Cassell's improper
ruling, results in further erosion of labor organizing rights which are already under attack.
We will provide the
legal documents of our case on this site in PDF form. This will enable anyone who wants to do so to read
the court record for themselves. We will most likely provide only the most important transcripts and documents.
If there is something that you feel is missing or simply needs to be included let us know and we will try to get it on
the site. We will also provide links and information for those who want to do their own research.
Before
reading the filings, which are linked below, it is helpful to read the summary of the case. The first link will take
you to a fairly detailed description of the case, both in district and circuit courts, and explain the legal issues.
The linked documents following the summary are the court filings that most clearly spell out our case. Some were
filed in District Court and others were filed with the Tenth Circuit Court of Appeals. They are the filings that
are easiest for laypersons to understand.
REFERENCE MATERIAL
District Court docket
Docket for 05-4079-Circuit Court
Docket for 05-4222 - Circuit Court
Summary of the Case
DISTRICT COURT
1-Complaint
11-Plaintiffs' Memorandum in Support of Preliminary Injunction
35-Plaintiffs' Reply Memorandum in Support of Pre. Inj.
36-Plaintiffs' Memorandum in Opposition to DOL Motion to Dismiss
39-DOL Reply to Plaintiffs' Opposition to DOL Motion to Dismiss
43-Order Denying first Preliminary Injunction
47-Plaintiffs' Memorandum in Support of Second Preliminary Injuction
51-ATU Local 382 Memorandum in Opposition to Preliminary Injunction
53-Minute Entry Order Denying Pre. Inj.
54-Plaintiffs' Response/Prelim. Inj.
56-UTA Memorandum in Support of Summary Judgment
58-Plaintiffs' Memorandum in Support of Partial Summary Judgment
60-Plaintiffs' Motion for a Final Order
63-Order Granting DOL Motion to Dismiss
66-Plaintiffs' Opposition to summary Judgment
67-56(f) Affidavit
68-UTA Memorandum in Opposition to Partial Summary Judgment
71-Exhibit #1
71-Exhibit #2
72-Plaintiffs' Reply Memo to UTA in Support of Partial Summary Judgment
74-Plaintiffs' Reply Memo to 382 in support of Partial Summary Judgment
76-District Court-Supplemental Briefing
83-Amended Complaint
84-District Court-Order Granting Summary Judgment
CIRCUIT COURT
05-4079
Docketing Statement - 05-4079
Burke/Carper Opening Brief-05-4079
UTA Response - 05-4079
382 Response - 05-4079
Burke/Carper Reply Brief-05-4079
05-4222
Docket - 05-4222
Burke/Carper Opening Brief-05-4222
UTA Response - 05-4222
UTA Response Exhibits - 05-4222
ATU Local 382 Response - 05-4222
Burke/Carper Reply Brief to UTA and Local 382 - 05-4222
U.S. Dept. of Labor Response - 05-4222
Burke/Carper Reply Brief to DOL - 05-4222
Circuit Court Decision and Order
Burke/Carper Petition for En Banc Rehearing
UTA Opposition to En Banc Rehearing
UTA Opposition Exhibits
ATU Local 382 Opposition to En Banc Rehearing
U.S. Dept. of Labor Opposition to en Banc Rehearing
Circuit Court Denial of En Banc Rehearing
Mandate and Bill of Costs
District Court Transcripts
The transcripts for the three hearings in former judge Paul Cassell's
courtroom are now online. All three hearings are in this file. The first hearing, on January 24, 2005 can be found on pages
1-29. The second hearing on March 9, 2005 can be found on pages 30-72. The third hearing on May 20, 2005 can be found on pages
73-156. I will make notes of some of the highlights within the next few days. The PDF file is fairly large so give it
a few moments to load.
