Why Tri-Cities transit bosses called the cops on employees, union rep

Richland police reports show that managers at Ben Franklin Transit repeatedly called the police on a nonemployee union representative, as well as a former employee who mocked their chief executive officer at a December meeting.

Richland police received at least six calls from the transit agency in the week around a contentious December board meeting protested by employees who were demanding accountability for alleged financial wrongdoing by CEO Thomas Drozt.

Six police reports

Three of the calls were made in an attempt to have Teamster 839 Secretary Russell Shjerven trespassed from the building and possibly arrested.

A fourth call was made to request Richland police attend the meeting as security.

And two calls were made after attempting to report a former employee, who confronted Drozt at the meeting, for allegedly spitting on a car.

When told that spitting on the car was not a crime, management said they just wanted the incident documented because the former employee had filed a grievance. However, Shjerven told the Tri-City Herald on Monday that he was not aware of those calls to Richland police, despite the union now being engaged in arbitration for the employee.

Shjerven’s key card access to the building also was revoked, which he believes is a violation of a previous Superior Court order guaranteeing his access to union employees. The employees also are in the middle of collective bargaining.

While Drozt told board members at the December meeting that the armed security present were part of a larger plan for transit-wide security, the board had not approved a contract and his statements directly contradict the information Richland police wrote, noting the agency told officers they had hired security for the meeting.

Chief Experience Officer Brian Lubanksi refuted the claims in an email to the Herald.

“We want to be clear that Ben Franklin Transit complies with all state laws regarding union access to represented employees. In December, there were two incidents in which Russell Shjerven was disrupting the business operations of BFT and entering into safety sensitive locations,” Lubanski wrote.

“BFT offered alternative access to Mr. Shjerven, including offering him a conference room for his use those days. After BFT management made several attempts to de-escalate the situation, Mr. Shjerven was unfortunately not able to cease his disruptive behavior. As a last resort, management directed that law enforcement be called to assist with de-escalation so that BFT could maintain operational functions without continued disruption. BFT values all of its employees and strives to provide a safe, respectful workplace free of disruption.”

Lubanski said they could not comment further on the police report about the former employee.

“Further, BFT would like to clarify that law enforcement was not contacted because of any confrontation at a Board meeting. Law enforcement was contacted regarding a claim of vandalism that occurred close in time to last month’s Board meeting,” he said. “BFT has no further comment on the ongoing investigation.”

Denying union rep access

Under Washington state law nonemployee union representatives generally are guaranteed access to employees in public areas, such as common rooms, cafeterias and other places.

After the transit agency’s former chief financial officer made public allegations of wrongdoing against Drozt, Shjerven posted information about it to bulletin boards at the agency’s main office. These bulletin boards also were subject to a previous court order that barred management from removing material meant to inform union members, he said.

About a week before the board meeting, Shjerven was back at the transit agency’s main office to put up some more information. It had been brought to his attention that Drozt was allegedly using a “burner” account on Facebook, which had his photos but a fake name.

Shjerven told the Herald he cleared it with the union’s attorney, who said it was fine to post as it was public information.

After posting the printouts on the first bulletin board, members of management allegedly removed them and moved to confront him as he made his way to a different part of the building.

Shjerven, and eleven written employee accounts obtained by the Tri-City Herald, say he was confronted by a group of at least seven managers demanding he leave the building, including the head of human resources. They allegedly claimed Shjerven had failed to sign in and was being disruptive.

One manager told a dispatcher to call 911. When officers did not arrive quickly enough, they demanded the dispatcher call again, and allegedly threatened to write the employee up, according to a statement from another employee who witnessed the confrontation.

They also described one of the managers as being “in Russell’s face.”

Shjerven left to talk to officers when they arrived, explaining the situation. Transit management wanted him trespassed, which could result in his arrest and possible jail time.

Officers advised Shjerven to bring the Superior Court documentation with him next time he visited, according to the police reports.

He came back the following Monday after an exchange with Labor Relations Manager Jose Garcia, offering him the ultimatum of scheduling visits and notifying the agency of what areas he wanted to access, according to an Unfair Labor Practices complaint obtained by the Herald.

Shjerven was given the key card in January 2020 as part of a settlement agreement over unfair labor practices. The agency also removed its sign-in sheets for union visits at the time.

Shjerven rejected the request and went to see if his key card access had been revoked, and talk to employees.

When he arrived, he found his key card had been deactivated, but was let into the building by an employee on their way out. Shjerven went about posting on the bulletin boards and was again confronted by some managers.

He continued on his way to go see employees in the maintenance shop and was followed and again told to leave.

The managers again called the police on Shjerven, who was already leaving when officers arrived. Officers wrote that they advised both parties to contact their attorneys to work out the dispute.

Employees wrote that in both instances, it was the management team causing a scene by surrounding Shjerven, loudly arguing with him and calling the police.

Meeting security

Around 10 a.m. on Dec. 11, Marcus McCready, director of safety and training, called Richland police to request a supervisor call him, according to police reports.

McCready told dispatchers he had concerns about union meetings escalating that day and wanted to have a “plan in place in case they do,” according to police reports.

Transit employees were planning a protest at the board meeting that evening.

Richland police spoke with McCready and got an update. They were told that the “location has security hired for this evening.”

When asked about the armed Phoenix security guards at the meeting that evening, Drozt told the board that the agency had a plan to begin implementing systemwide security, starting at the main office then expanding to transfer terminals and eventually some bus routes.

No contract had been signed at that point.

Since the meeting, Shjerven said employees have reported the armed guards following them and standing in the doorways of meetings they were not asked to attend.

Shjerven said employees feel like the guards, armed with firearms and tasers, are being used as an intimidation tactic.

Calling cops on

ex-employee

During the board meeting that evening, a former employee questioned Drozt about the alleged financial misconduct. When asked to move away from a screen where several people had been standing in the at-capacity meeting, he left a sign reading, “Show us the books!” directly in front of Drozt.

He had a brief, tense exchange with security after a board member demanded the sign be moved and when the former employee left halfway through the meeting, security followed him outside. It is unclear if they spoke outside the boardroom.

Around 1 p.m. the next day, HR director Mackenzie Miller called to file a police report about a disturbance that happened the night before, reporting the man had allegedly spit on a company car.

Miller, who has since left the transit agency, was accused by several employees at the meeting of helping cover for Drozt.

Richland police were not immediately able to reach her, but left a voicemail.

Officers spoke to another member of management the following Monday. Police got more information and downgraded the report from malicious mischief, which is a misdemeanor, to a general call for assistance, according to the police reports.

No damage was done to the vehicle, but the transit manager told officers they still wanted the incident documented because the former employee was in the process of challenging his termination. They also offered video of the incident.

Neither of the police reports characterize the incident as vandalism, and no claims of damage were mentioned. The report was closed out because officers determined no crime had been committed.

What happens next?

Shjerven has filed a number of unfair labor practice complaints against the transit agency. He intends to challenge the agency’s refusal to comply with prior court orders.

There have also been two other complaints filed for what they believe was the wrongful termination of drivers.

He believes the transit agency used an emergency situation as pretext to fire one driver, allegedly claiming it was because he called the nonemergency line instead of 911. The calls go to the same dispatch center.

Another was fired as she tried to take leave after her son died unexpectedly.

The union is also continuing to demand answers about Drozt’s alleged financial abuse. The transit agency’s attorney, Jeremy Bishop, is overseeing an outside investigation into the claims of financial misconduct.

The transit agency’s board of directors meets at 6 p.m. Thursday for their regular monthly meeting. The meeting can be attended in person at 1000 Columbia Park Trail, or online via Zoom.