I FILE MY OWN HR COMPLAINT

Lucy-

I am filing this complaint because I believe I am the target of coordinated harassment on the part of Trimet management who asserts that they have the right to regulate my off duty behavior.

The behavior in question is my recording over the air dispatch communications, a perfectly legal endeavor.
HR 171  prohibits harassment when one is engaging in "lawfully sanctioned behavior". The management is clearly in violation of  this.

They also are ignoring HR 202 which regulates internet posting. The behavior in question is about an internet posting. They have chosen to ignore the scope of the policy which clearly demonstrates a conscious and willful attempt to intimidate me from engaging in a lawfully sanctioned activity.

I hereby charge Trimet management with a willful conspiracy to harass and intimidate me using the threat of termination in an effort to prohibit me from a lawfully sanctioned activity that any citizen of Oregon can perform.

Al Margulies

Department Job title: MINI OPERATOR

Immediate supervisor; ROBERT ROMO

2. Check (✔) the box that indicates why you feel you have received unfair treatment:

è other

3. Name and position title of person (s) involved: ROBERT ROMO ACTING AS AGENT FOR TRIMET MANAGMENT

Name Position Title; STATION MANAGER

4. Briefly explain the harassment or discrimination that you believe occurred. Clearly

explain who did what, when the action occurred, and why you believe the action occurred.

Attach an extra sheet if needed.

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ON FEB 10, 2011 I WAS GIVEN WRITTEN WARNING THAT I WAS IN VIOLATION OF HR RULE 171.

THIS WAS A RESULT OF MY LEGAL RECORDING AND POSTING OF A COMMUNICATION BETWEEN A TRIMET DISPATCHER AND A TRIMET OPERATOR.

TRIMET HR 171 STATES AS FOLLOWS:

It is a violation of state and federal law, as well as TriMet policy, to retaliate against employees or customers who have filed a complaint of discrimination, participated in an investigation of unlawful

discrimination, declared misuse of public funds, or engaged in other legally sanctioned, appropriate behavior.

I WAS ENGAGED IN A LEGALLY SANCTIONED BEHAVIOR, NAMELY LISTEING TO OVER THE AIRWAVE COMMUNICATIONS AND UTILIZING MY FREEDOM OF SPEECH RIGHTS TO DISSEMINATE THIS INFORMATION.

TRIMET MANAGEMENT HAS FULLY VIOLATED THE TERMS OF HR 171 FOR RETALIATING AGAINST ME WHILE ENGAGING IS A LEGALLY SANCTIONED ACTIVITY.

FUTHERMORE TRIMET MANAGEMENT IS IN VIOLATION OF HR 202 WHICH STATES:

The principles outlined in this policy provide standards for Internet use, communications, and

postings that utilize TriMet equipment or access to the Internet, and apply to all TriMet employees

whether they are on or off duty.

MY DISCIPLINARY LETTER WAS CONCERNING INTERNET POSTINGS.  I WAS NOT ON DUTY AT THE TIME OF THE POSTING, WAS NOT USING TRIMET EQUIPMENT AT THE TIME OF THE POSTING, AND WAS NOT USING TRIMET ACCESS TO THE INTERNET AT THE TIME OF THE POSTING. THE SCOPE OF THE RULES REGARDING INTERNET POSTINGS IS NOT REFERRED TO AT ALL WHICH IS A BLATANT ATTEMPT TO IGNORE FACTS RELEVANT TO THIS CASE!

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TriMet Complaint Procedure for Prohibited Harassment �� Discrimination.4 19 January 2007

5. List any witnesses; JEFF ACKERSON

6. Date(s) the harassment or discrimination took place: FEBUARY 10, 2011

7. What action(s), if any, have you taken to address or resolve this matter? TALKED TO ROBERT ROMO+JAY JACKSON

8. How would you like this matter resolved? MY WARNING THROWN OUT!

I understand that these incidents will be investigated, but the information on this form will be

kept confidential to the extent possible.

I understand that all information that I give to the Director, Employee Services will remain

the property of TriMet.

Signature Date

Dates of investigation of complaint

Date of final report

Finding:

TriMet Complaint Procedure for Prohibited Harassment �� Discrimination.5 19 January 2007

TriMet Complaint Procedure for Prohibited Harassment �� Discrimination.6 17 July 2008

TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON

TriMet Complaint Procedure for

Prohibited Harassment, Discrimination �� Retaliation