By Carolina Bolado

Law360 (April 20, 2020, 8:04 PM EDT) -- A transportation workers' union sued the director of Miami-Dade Transit on Friday for allegedly failing to hand out enough disinfectant supplies and personal protective equipment like masks to protect bus and train operators from the novel coronavirus.

The Transport Workers Union of America, which represents 2,800 Miami-Dade Transit employees through its Local 291, said Alice Bravo, director of Miami-Dade County's Department of Transportation and Public Works, has not taken the necessary measures to keep transit workers safe as they transport essential workers to their jobs.

"Lives are at stake," the union said in the complaint. "Emergency action is needed from this court to protect the plaintiffs, the public transit employees and the passengers from defendant Alice Bravo's actions and failures to act, which create an imminent threat to the public health, safety and welfare."

Bravo has failed to provide N95 respirator masks to protect workers from the virus, even though the county has adequate supplies, according to the suit. On April 7, bus drivers were each issued a single surgical mask that they were told to reuse, but that is not enough to keep drivers and the public safe, the union said.

Bravo has also failed to provide enough cleaning supplies and hand sanitizer to bus drivers, who in some cases have been given just one disinfectant wipe to last an entire shift, according to the suit.

The union added that rail cars and buses are not being properly deep-cleaned often enough.

With a drop in ridership and revenue, the county has also cut routes and reduced service, but that has resulted in overcrowding on certain lines, putting drivers at even more risk, according to the suit.

"If ever there were a case of public interest, it would be this one," the union said. "Plaintiffs have no adequate remedy at law. This is not an issue that can be cured with money. Death is not reversible. Lives — and the health and safety of the county's transit employees and its public transit system — are on the line."

The union is asking for an injunction requiring Bravo to deep-sanitize buses and rail cars during service and overnight; provide transit employees with sufficient N95 masks, disinfectant wipes, hand sanitizer and gloves; install physical partitions between bus operators and passengers; and implement enforcement and monitoring of social distancing on transit.

On April 8, the county announced it would install social distancing signs in buses and limit the number of passengers allowed on buses at one time. The county also said it would suspend low ridership routes that have overlapping services and add more buses on routes in high demand.

The transit system previously suspended fares on March 22 and required customers to board through rear entrances to maintain distance from bus drivers.

A spokesman for Bravo said Monday that the department would not comment on pending litigation.

Mark Richard, who represents the union, said they tried to resolve these issues with the county before resorting to a lawsuit.

"But they were constantly met with excuses, defense and a resignation that things can't get any better," he said. "And we believe that is absolutely not acceptable and look forward to judicial intervention to try to direct the parties."

The union is represented by Mark Richard, Christina S. Gornail and Lucia Piva of Phillips Richard & Rind PA.

Counsel information for Bravo was not immediately available.

The case is Transport Workers Union of America, Local 291, AFL-CIO et al. v. Bravo, case number 2020-008541-CA, in the Eleventh Judicial Circuit Court of Florida.

--Editing by Daniel King.

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