KNOW YOUR RIGHTS:CRIMINAL BACKGROUND REVIEWSWith union workers in the transit and school bus industriesincreasingly targeted for criminal background checks, it is now moreimportant than ever for ATU members to be educated consumers andextra‐vigilant about their rights.Background Checks: a New Age and a New RageIn the post‐September 11 world, security concerns have becomeparamount on all forms of transportation services across NorthAmerica. One result has been a significant increase in employer use ofcriminal background checks to screen job applicants and even existingworkforces.Led by a company known as Choicepoint, a growing industryof human resource firms are amassing huge databases and offeringcriminal history information to private and government employersat relatively inexpensive rates in record time. In 2004, 80% of HRprofessionals said they conducted criminal background checks, upfrom 51% in 1996.But there are hardly any legal limits on when employers can runbackground checks and what information the investigating companiescan report to these employers. As a result, even if the policies of aparticular employer are tailored to consider only more recent recordsor just actual convictions (as opposed to arrests), the backgroundreport that the employer receives typically shows any contact theindividual has had with the criminal justice system – no matter howold, no matter how the case may have turned out, and no matter howrelevant any of the information might even be to one’s job.“But Why Should I Be Concerned?”The vast majority of us, of course, should have nothing to worryabout. (Still, the statistics might surprise you. In the U.S., one infive adults has a misdemeanor or felony record that will show up on aroutine criminal background check.)But the trend has become so widespread that even union memberswith no criminal records can end up with serious problems caused bycriminal background checks.For starters, both the commercial firms like Choicepoint andgovernment authorities routinely generate errors and inaccuraciesof all kinds that unfairly penalize union workers. Employers, then,often receive a criminal history report on a worker who, as it laterturns out, has simply been confused with someone else with a similarname. <strong>Union</strong> workers with fairly common names like Smith, Lopez,Williams, or Jones in particular need to be on the lookout for abackground check that inaccurately reports a criminal record.In fact, a 1997 study found that one in 20 “name‐based” backgroundchecks – the type done by Choicepoint and most public bodies– produces a criminal record for those who in fact have none. Eachyear, that adds up to an estimated 300,000 innocent workers who haveto cope with the results of a “false positive” background check.The information collected is, moreover, often out of date andtherefore largely inaccurate. A study in New York found that 87% ofrap sheets had at least one error and that more than 40% containedtwo errors. And according to some estimates, more than 40% ofarrest records have not been updated in at least five years to show, forexample, if a case has been dismissed.Needless to say, the implications of an erroneous or inaccuratecriminal background report can be devastating.Protecting Your InterestsThe lessons to be learned are simple:1) Get a copy of your criminal record; Know what an employer wouldlikely be told about you.Just like your credit report, it is important to get a hold of yourcriminal record to be sure it is accurate and complete – and thatit does not show activities of someone who has stolen youridentity. It is easy enough in most jurisdictions and usuallyinvolves just a minor fee, if any. A non‐profit group called theHIRE Network maintains a list of U.S. criminal recorddepositories at www.hirenetwork.org. Click on the “Resources& Assistance” link on the menu on the top of the page. Forinformation on obtaining a report from the central repository ofcriminal records maintained by the Royal Canadian MountedPolice, visit www.rcmp‐grc.gc.ca/crimrec/crimrec_e.htm.2) Correct any mistakes or old information right away;Don’t put it off!If you find any mistakes or information that has not beenupdated (like an arrest without an indication as to the finaldisposition of the case), contact the agency which maintainsthe record and follow all available procedures to get yourrecord fixed.16 IN TRANSIT www.atu.org
ATU Presents‘Legislator of the Year’Rep. Bennie Thompson, D-MSpThe ATU presented its third annual ATULegislator of the Year Award to Rep. BennieThompson, D-MS, on March 12, at the ATULegislative Conference. Local President ArtinesPratt, 1208-Jackson, MS, joined InternationalPresident Warren S. George in presenting theaward to Thompson for his tireless work on behalfof transit workers.Thompson has long been a friend to the ATUand all working men and women. In his 14 yearsin Congress, he has established himself as a leader on civil rights, educationand health care reform. His dedication to working family issues has madea real difference in the lives of his constituents and the lives of the ATUmembers that he represents.“I feel like I’m with family,” said Thompson, “I would not be inCongress had it not been for organized labor support in 1993.”Understands the Safety Role of <strong>Transit</strong> WorkersWhile his 14 years of dedication to transit labor are laudable, it washis work over the past two years, during which he served as the rankingDemocrat on the House Homeland Security Committee that earned himthe title of ATU Legislator of the Year.The Mississippi Democrat has shown that he understands the crucialrole that transit workers and over-the-road bus employees play inenhancing the safety and security of our nation’s transit systems.Despite resistance by transit employers and the previous RepublicanCongress, Thompson has been steadfast in calling for increased anddedicated funding for transit and over-the-road bus security – and formandatory training for all frontline workers in these industries.In June 2006, Thompson released a report on the state of rail and masstransit security in the U.S. The report called on the Administration to takeseveral concrete steps to address the security threats facing mass transit,including mandatory training for frontline workers. Shortly after releasingthe report, he introduced legislation to implement these recommendations.Unfortunately, due to opposition by the Bush Administration and theRepublican leadership in Congress, his bill was not enacted into law.Bold LegislationNow, however, Thompson is championing this issue from a muchmore advantageous position – as Chair of the House Committee onHomeland Security.“I’m real happy,” he told theconference, “to say that with the newleadership here you all can feel realcomfortable that you’ve got some friendswho now chair key committees and,believe me, in this town, there’s nosubstitute for being in charge.”He has introduced bold legislation (H.R. 1401) which will significantlyimprove the security of the systems that ATU members operate andmaintain, and will ensure that ATU members receive the training theyneed and deserve. The legislation would also provide transit workers withwhistleblower protections and ensure that they are consulted in the processof identifying and addressing security priorities. This legislation was passedby the U.S. House on March 27.“We’re going to mandate security training, and not that 30-minutevideo you get once a year,” he asserted, “it’s going to be an ongoingcontinuing education that’s tied to security.”“See what it means to be in charge,” Thompson asked, “everythingin that bill is exactly what you asked me to put in there.”“I want you to carry that back to your membership,” he stated,“that you can now talk to the people who are running things thatimpact your lives.”www.atu.org MARCH/APRIL 2007 17
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