Those employees all had union representation. Now, two nonunion superintendents who lacked the same grievance process and were not rehired have filed a lawsuit in Suffolk Superior Court, alleging that they were wrongfully fired and that others conspired to blame them.
In their lawsuit, Donna Hinds and Keith Hayes do not acknowledge whether they participated in the mileage doctoring. But they say the practice was so widespread that even the chief mechanical officer allegedly encouraged it to ensure the T would have the 800 buses needed for service each day. Once the practice came to light, they maintain, discipline was meted out haphazardly.
“Two years ago, we wrote a letter to the MBTA . . . saying, ‘Look, just put these people back to work,’ and there would be no litigation,’’ said Michelle Carnevale of Salem, a lawyer for Hayes and Hinds. “It just seems that for a company that says they have no money . . . they [could] spend hundreds of thousands litigating something that could have been settled for nothing.’’
MBTA spokeswoman Lydia Rivera said T lawyers were aware the lawsuit had been filed Friday but had not yet been served with the case, calling it premature to comment.
“However, the MBTA is completely confident that it acted properly when it discharged both of these employees,’’ Rivera said.
MBTA garage technicians are supposed to perform preventive maintenance inspections - changing oil and filters and examining key components - on all 1,050 buses every 6,000 miles.
The T said previously that it began an investigation in February 2010 after a routine audit found two buses that appeared in need of such inspection, though the computer system indicated they were not due. Further review found that the mileage reading on the buses differed from that recorded in the database.
That prompted an investigation that, according to T officials, found that at least 200 buses had logged as many as 35,000 miles between 6,000-mile preventive maintenance inspections.
