Port Authority disciplines 2 drivers for ‘political’ masks

The union representing bus drivers and maintenance workers at Port Authority is crying foul after the agency disciplined two operators for wearing masks that say “Black Lives Matter.”

In a news release Friday, Local 85 of the Amalgamated Transit Union said Port Authority violated the free speech rights of its members with an amended dress code that prohibits buttons, stickers, jewelry or clothing, including face masks, that include a political or social protest message. President and business agent Steve Palonis sent a letter to the agency July 23 in which he called the policy “a prior restraint on employees’ speech” and said it is overly broad and void for vagueness.

Mr. Palonis said Friday two drivers were sent home Aug. 5 for wearing the masks and face a disciplinary hearing Tuesday. Port Authority spokesman Jim Ritchie said he couldn’t discuss the discipline because it was a personnel matter, but he said the agency has had a longstanding policy against personal messages on uniforms.

“As an agency, we proudly stand against systemic racism and want equality for all in our community,” the authority said in a statement. “It is our uniform policy that prohibits social and political statements of all kinds, and has for decades. While it may restrict wearing messaging many agree with, it also protects our employees and our patrons from messaging many may not agree with.”

Mr. Palonis said the policy is hypocritical because the agency regularly supports causes such as Pride month, African American Heritage Day, Pittsburgh’s Stronger Than Hate, the Pittsburgh Pirates and the Pittsburgh Steelers through messages and decorations on its vehicles.

“This is flat out censorship by the Port Authority. They are violating our free speech rights by issuing this amended dress code policy prohibiting face masks with social justice messages,” Mr. Palonis said in the

release. “It is clear the Port Authority is picking and choosing what message and what content it permits to be disseminated. It’s unconstitutional.”

The union said it would take legal action if the policy isn’t rescinded. Mr. Palonis said he believes the union has “a compelling case,” claiming transit workers won similar cases in Chattanooga, Tenn., and Grand Rapids, Mich.

The union’s international president, John Costa, said the authority is trying to “trample” employees’ free speech rights.

“CEO Katharine Kelleman, a public figure, can tweet in support of the Black Lives Matter movement,” he said in a news release, “but employees can be disciplined for wearing a mask reading Black Lives Matter. It’s an unlawful abuse of power.”

The local union represents about 2,300 operators, maintenance workers and office workers at the authority.