The opinion of the court was delivered by: Robert P. Patterson, Jr., District Judge.
On October 9, 1990 a hearing was held for the purpose of
supplementing the findings of fact of the Court as contained in
its opinion of June 5, 1990. Thereafter, the Court has received
letters from counsel for the plaintiff class and counsel for
the defendants. Based on the evidence presented by the
plaintiffs and defendants, the Court makes the following
findings of fact with respect to certain job titles for
employees of the New York City Transit Authority:
The tasks of elevator operators are not such as to constitute
a danger either to the public or fellow employees. The position
is found not to be safety sensitive.
Elevator maintainers perform tasks, such as testing brakes,
electrical systems and safety devices on elevators. These
employees work in teams and are subject to little supervision.
A member of the team will often work at separated locations,
not in close proximity to one another. Thus, unobserved use of
drugs could occur and could endanger the quality of their
services. Accordingly, the safety of the public could be at
risk. This title is found to be safety sensitive.
Transit Property Protection Agents
Although Transit Property Protection Agents ("TPPAs") act, as
their name implies, as security guards, they do not carry
weapons. On occasion, they operate motorized vehicles in
selected locations. If these employees operate vehicles on a
regular basis in the presence of their fellow employees or the
public, their task is safety sensitive. If their operation of
motorized vehicles is only done on specific instructions of a
supervisor in attendance, e.g., to move a double parked car on
Jay Street, their task does not rise to the level of a safety
sensitive occupation. The finding of the Court is that some of
these employees are in safety sensitive roles and others are
Structure Maintainers in the Power Department Carpenters
(Structure Maintainers (A))
Carpenters generally work in teams. They always work under
supervision when they are working on the trackway. Hearing
Transcript, Testimony of Thomas Crino, at 51, 52. Trial
Transcript, Testimony of Thomas Cassano, at 550-51.*fn1 The
titles are not found to be safety sensitive.
Masons (Structure Maintainers (B))
Iron Workers (Structure Maintainers (C))
These workers work in teams and typically with supervisors,
although supervisors are not present at all times during the
day. T. Tr., Crino, at 2384-86, 2387; T. Tr., Cassano, at 553.
Nevertheless, the degree of supervision seems adequate, ...