Port Authority fights decision to reinstate racing bus driver

Pittsburgh Post-Gazette

The Port Authority is challenging an arbitration award that would allow a driver accused of racing a bus that crashed on Interstate 279 three years ago to return to her job.

Juliann Maier, who was seriously injured, challenged her termination following the Sept. 22, 2014, crash in which Port Authority and investigators said she and another bus driver, Thomas Frauens, were racing.

The impartial arbitrator found that the evidence in the case was “consistent with the appearance of a purposeful race,” that Ms. Maier acted “grossly negligently or recklessly,” and that the crash would not have occurred but for her behavior. In addition, the impartialarbitrator, Robert A. Creo, wrote that he was “uncertain” Ms. Maier could be rehabilitated back intothe work force.

Nonetheless, he restored her to her former position at the Ross garage but without any back pay.

Alleging that the arbitrator’s award undermines Port Authority’s public duty to promote the safety and welfare of the county’s citizens, the authority filed the petition to vacate the arbitration award in Allegheny County Common Pleas Court.

At a criminal non-jury trial before Common Pleas Judge Jeffrey A. Manning in April 2016, the prosecution said Mr. Frauens made a “buggy whip,” gesture at Ms. Maier shortly after they left the Ross bus garage and got on the highway that day.

Mr. Frauens’ bus struck Ms. Maier’s, sending hers careening off the road and landing on its side. She sustained a broken pelvis, four broken ribs and other injuries.

At trial, her attorneys claimed her bus had a catastrophic brake and steering failure because of poor maintenance. She testified she never saw Mr. Frauens make any gesture.

Judge Manning found both drivers guilty of speeding and reckless driving but acquitted them of the more serious counts against them.

Port Authority fired both drivers shortly after the crash, but they challenged the termination through their Amalgamated Transit UnionLocal 85.

Mr. Creo, the impartial arbitrator, circulated his initial arbitration award on Dec. 22 in which he restored Ms. Maier to her position as a driver as of Jan. 1, 2018. It did not become final, however, until Jan. 31. Ms. Maier has not yet returned to work, according to Adam Brandolph, a Port Authority spokesman.

Steve Palonis, the union president, said Mr. Frauens has also appealed his termination, but it has not yet been decided by the arbitration panel.