DRIVERS AND union representatives say that, while criminal complaints are exceptional, Jean’s experience isn’t isolated. McLaughlin has gained a reputation among drivers for being, in the words of one, "rude, crude, brash, and threatening." This year, he is disciplining drivers for "absolutely no reason," says Mendes. Take the affidavits that will support Jean’s criminal defense. (Because the documents have yet to be filed in court, the Phoenix has withheld the witness’s names.) One Haitian driver testifies that in late January, right around the time when Jean had trouble with McLaughlin, he went to see the manager about overtime — and was shot down. Two days later, McLaughlin called the driver in his office with a steward. According to the driver’s affidavit, "McLaughlin said, ‘I want you to file an incident report admitting that you threatened to beat me up in my office.’" The driver refused and has since filed a grievance against McLaughlin for "falsely accusing me of making threats of physical violence against him."

Another Haitian driver who has worked at the yard for the past four years asked McLaughlin for a pay adjustment back in September. Two months later, the manager met the driver with a shop steward to discuss the matter. At the meeting, according to the driver’s affidavit, "McLaughlin charged me with threatening serious violence against management" — going so far as to accuse the driver of plotting the manager’s death. "He said to me, ‘You threatened to put a member of management into the funeral home. I take this as a serious threat.’" The driver, who was suspended from work for one week, has also sought recourse through the union because McLaughlin "falsely accus[ed] me of threatening management."

As many as two dozen grievances alleging unfair, if not unscrupulous, treatment by McLaughlin have surfaced in recent months — so many that high-level union officers and Laidlaw executives convened what’s been described by union members as an unprecedented emergency meeting at the Readville yard last February. One driver who attended the February 15 session maintains that about a half-dozen drivers came forward to charge the manager with "harassment, threats, and intimidation." The driver relayed that, on several occasions, the manager tried to deflect criticisms by ignoring them. But when that didn’t work, McLaughlin, according to the driver, "would reach into his desk drawer and pull out what appeared to be a .38 caliber pistol and point it in my direction." McLaughlin has used the gun, a starter pistol, to frighten away at least three shop stewards, union officials say. In the words of Gillis, who has read the grievances about McLaughlin, "This year, he is really out of whack. It’s like he’s gone mad."

Given this backdrop, it’s hard not to see Jean’s case fitting into the pattern. After all, he’s not the only employee to be fired because of McLaughlin. This year, the union has witnessed a record number of terminations — more than 10. At least three involve McLaughlin lodging accusations against employees. In a typical year, maybe one or two people get fired. Observes Gillis, "We haven’t seen this many firings since 1985," when Laidlaw got rid of 45 drivers during a fierce contract dispute. In this context, he notes, the only thing unique about Jean’s situation is that the company "used 9/11 and charged him with terrorist threats."

At the very least, these complaints raise questions about McLaughlin’s credibility. But Laidlaw officials seem eager to back their manager. Reilly implies that the drivers who criticize McLaughlin’s style have "other agendas," rather than a desire to rectify bad management. He refused to confirm the February 15 meeting. Nor would he comment on the seemingly steady grievances filed with the union against the manager — the type of grievances of which the company is routinely made aware. "I haven’t seen the complaints," he says. "I have no knowledge of them."

Asked if his department has ever received complaints about the Readville manager, he replies, "McLaughlin is not on trial." He then adds, "A judge and a jury will decide the merits of these criminal charges, not anyone else."

IN THE COURT of public opinion, though, Jean has come out the clear victor. Close to 50 people from immigrant-rights and civil-rights groups — including Boston Labor’s ANSWER, a group of labor leaders from local unions that has formed the Marcus Jean Defense Committee — turned out March 15 at the West Roxbury District Court to protest. Meza, of Proyecto Hondureño 2000, and many of his colleagues made a point of showing support for Jean because, he says, "Marcus is a hard worker who stood up for his rights — and got caught up in today’s climate."

Such unwavering support has buoyed Jean as he continues his fight. On the union front, he has filed a grievance against McLaughlin for "bringing false claims to the police" — an act seen as "a most serious violation of the contract." The grievance now awaits arbitration, which means that a neutral party affiliated with the American Arbitration Association will weigh evidence and determine whether Laidlaw had just cause to fire Jean. The union wants the firm to reinstate Jean and to "remove any discipline from his file, and make him whole for all losses."

In the meantime, of course, he has to contend with the criminal-justice system. Some issues in his case may be settled by May 2, when a motion to dismiss the complaint will be heard in court. Wilson, Jean’s attorney, has filed the motion to dismiss the charge of threatening to commit a crime because, he says, "it is rather absurd." Not only has Laidlaw offered no eyewitnesses to substantiate the claims, but the manager making them appears highly suspect. Though Wilson believes the evidence warrants dismissal, he knows the current law-and-order climate doesn’t work in his client’s favor. "It’s hard for me to take this complaint seriously," he says, "but I have to defend Marcus. And with the wrong judge, anything is possible."

If found guilty on the criminal complaint, Jean risks six months in prison and a $100 fine — the maximum penalty for his charge. But it could also ruin his best shot at justice: his arbitration. Union representatives suspect that, given his personnel file and the evidence, Jean could actually win his arbitration — yet still lose his job. Massachusetts law dictates school-bus drivers exhibit "sound moral character," something that might be questioned were Jean’s criminal complaint to drag on.

It’s a Catch-22 that has left Jean battling sleepless nights. Every day, he worries about the future — how he will feed his family, secure another job, live with dignity. "All I do is worry," he says. After years of working toward what he calls "a better life," he cannot quite believe that his fate now hinges on one man’s word. His reputation has been tainted, his family hurt. Says Jean, "This has put me down — and for what? It’s all a big lie."

Kristen Lombardi can be reached at klombardi[a]phx.com