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BURKA v. NEW YORK CITY TRANSIT AUTHORITY

November 16, 1990

THOMAS BURKA, EUGENE AVENT, FRANK DOE, TRACEY DEVLIN, FITZGERALD CUMBERBATCH, AND FELIX ARCE, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS, JAMES SALAZAR, PLAINTIFF-INTERVENOR,
v.
NEW YORK CITY TRANSIT AUTHORITY, DAVID L. GUNN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE NEW YORK CITY TRANSIT AUTHORITY, AND HIS SUCCESSORS IN OFFICE; ROBERT F. KILEY, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE NEW YORK CITY TRANSIT AUTHORITY, AND HIS SUCCESSORS IN OFFICE; WILLIAM I. BUCHANAN, III, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ASSISTANT MANAGER OF LABOR RELATIONS FOR THE NEW YORK CITY TRANSIT AUTHORITY, AND HIS SUCCESSORS IN OFFICE; RICHARD MANDEL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS THE ACTING MEDICAL DIRECTOR OF THE NEW YORK CITY TRANSIT AUTHORITY, AND HIS SUCCESSORS IN OFFICE, DEFENDANTS. JOHN FA, PLAINTIFF, V. NEW YORK CITY TRANSIT AUTHORITY AND DAVID L. GUNN, INDIVIDUALLY AND AS PRESIDENT OF THE NEW YORK CITY TRANSIT AUTHORITY, DEFENDANTS.



The opinion of the court was delivered by: Robert P. Patterson, Jr., District Judge.

  OPINION AND ORDER

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:

Elevator Operators

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

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 ...


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