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Appealing the MTA/TWU arbitration decision

by Benjamin Kabak

As the MTA and TWU officials continue the battle over last week’s arbitration decision, the Daily News reports that the transit agency may appeal the ruling. According to Pete Donohue, “a state judge can throw out a contract after concluding arbitrators didn’t properly apply the criteria mandated by the legislation, including an employer’s ability to pay wages and benefits.” The MTA will, of course, argue that it cannot afford the raises over the next three years. While the News article quickly devolves into mud-slinging by unnamed union and MTA officials, it seems clear that this saga is far from over.

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12 comments

Grrrumpy Miner August 17, 2009 - 3:05 pm

OK lets put the shoe on the other foot for a sec…IF the “Binding Arbitration” process favored the MTA and the TWU raised a big stink about it,MTA’s response would be “Accept it,it was a fair and just decision” NOW the TWU gets the decision and MTA wants to FIGHT IT? What a bunch of nonsense.The arbitor went thru for the 2005 settlement,and that was OK yet I for one was NOT satisfied with that.If this fair and just binding arbitration gets throw out….I can tell you ALL BETS ARE OFF when it comes to contract renegotiations because the TWU will not settle for less than what was won in Arvitration.

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SEAN August 17, 2009 - 8:40 pm

Right on! Now what about the other unions. Is Bloomberg going to have there contracts reopend to have the 4 % raises canceled? Or perhaps make the unions pay those raises back to the city? No matter wich way you spin this it is going to get ugly because all city unions will be paying atention to the outcome.

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Andrew August 17, 2009 - 10:57 pm

The TWU is more than welcome to appeal a decision that it doesn’t think was made in accordance with the law.

Of course, the last time TWU didn’t like a contract, rather than pursuing a legal strategy, the TWU staged an illegal strike.

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Sherry August 14, 2010 - 6:12 pm

Dear Andrew, What article did you read? TWU is not appealing the arbitrators decision, the MTA is! As far as the strike is concerned, the MTA failed to bargin in good faith, then Gov. Pataki & Bloomberg added fuel to the fire! Bloomberg called us thugs. Now, the MTA is picking apart an arbitrator’s ruling, and a court order upholding that ruling. So, who are the thugs now!

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clarence August 17, 2009 - 9:01 pm

What a phony bloomberg is. he gives 4% yearly raises away like candy to kids yet when a the pattern that he set is followed to the letter he starts with the mock outrage. whether you agree with the award or not for god sake recognize a phony when you see them (you can add h. williams and p. kalikow to the group). they are giving out free ez passes to board members, giving out take home cars to mid-level managers, creating new management positions by the day, and by the stroke of a pen granting hard fought wage increases won by labor unions to management. you havent heard helena williams promise to freeze management salaries have you? dont hold your breath. not gonna happen. again, please spare us the mock outrage

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Grrrumpy Miner August 17, 2009 - 9:41 pm

Bloomberg is still bitter about 2005 and everyone knows it.The ONLY reason he’s standing on the soap box is because Pataki,Kallikow and Reuter aren’t here to fight it,so HE has to fill that void.I will say this tho…USUALLY whatever the TWU gets it goes to the other city unions as well and Bloomberg is shaking in the corner because he would have to do the same thing again in raises.

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herenthere August 17, 2009 - 11:22 pm

Ben, you just saved me from getting all mad at the union…again.

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B August 28, 2009 - 9:30 am

Why is it that the Federal Gov’t hasn’t looked into the MTA and their so called automated “new system” ATS. I hear they spent roughly $300 Mil. SO FAR and since this new system has been up and running I can’t say the same for the trains! The system ran more effecient before they spent all these “tax payer” monies. So where is the investigation regarding this waste of money? Also, now Mr. Roberts (Transit President) has been hiring “Managers” for each line saying the system will run more effeciently! I say NOT REALLY!, He just promoted the old Supts with a big fat pay increase! It’s just really sad that when winter comes along and we have a snowstorm and the Transit Workers come to work and get the trains moving the MTA comes out and says “our Workers are the GREATEST”. What a bunch of crap!

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CATWOMAN August 31, 2009 - 1:14 pm

BOY YOU DO NOT KNOW THE HALF OF IT,THE MTA WASTES SO MUCH OF TRANSITS MONEY AND THEY KEEP ON DOING IT.THEY HAVE THE MONEY TO PAY THE RAISES AS THE ARBITRAITOR CLEARLY POINTED OUT,HOWEVER THE MTA JUST WANTS TO USE THE MONEY FOR EVERYTHING ELSE EXCEPT THERE HARD WORKING WORKERS.WHEN THEY RECEIVED THE LAST CRAPPY CONTRACT THROUGH ARBITRATION TWU WERE TOLD AND RIGHTFULLY SO THAT WAS ALL SHE WROTE.NOW WE GET SOMETHING HALF WAY DECENT AND THOSE CLOWNS WANT TO REWRITE IT HMM SOUGHT OF SOUNDS LIKE OUR DOLLAR YEAR MAYOR WHO REWROTE THE LAWS IN ORDER TO GET REELECTED CAN YOU IMAGINE IF HE WAS PRESIDENT!!!! NYCTA SHOULD SCEDE FROM THE MTA AND BECOME AUTONOMOUS AGAIN INSTEAD OF SUBSIDIZING METRO NORTH AND THE LIRR!!! FOR EXAMPLE ON ALL THOSE NEW EXPENSIVE TECH TRAINS IT SAYS THAT THE NEW TRAINS SAVE MONEY BECAUSE OF A FANCY BRAKING SYSTEM THAT ACTUALLY PUTS THE ENERGY BACK INTO THE SYSTEM,FALSE THE MTA TURNED IT OFF ON ALL THE TRAINS,JUST ANOTHER WAY FOR MTA TO CHEAT THE PUBLIC AND THEIR WORKERS.EVERYONE GET READY IT LOOKS LIKE IT IS GOING TO BE 2005 AGAIN BECAUSE OF THOSE BOZOS HOPEFULLY THE CORT SYSTEM WILL DO THE RIGHT THING AND JUST THROW IT OUT

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Sherry ATU 1056 August 14, 2010 - 6:33 pm

CATWOMAN hit the nail on the head. Here we are in 2010, and ATU 1056 & 726 are still without a contract from 2009! The MTA, A.K.A. Jay Walder, Gov. Patterson, and Mayor Bloomberg, better known to us as the 3 stooges, are about to cause another strike in 2012! If the public knew what goes on inside the MTA, they would send J. Walder packing back to London, where he caused a strike with thier transit workers, and kick “Scandal” Patterson & “Term limit busting” Bloomberg’s asses to the curb.

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Joe Campbell October 8, 2009 - 4:17 pm

•This is a dangerous game of politics that the Mayor and the MTA are playing. This court case against the TWU/NYCT arbitration award is practically unwinnable and will only leave a wake of angry and disgruntled employees with no faith in their employer. Win or lose, labor/management relations will be left in ruins.

It does prove, however, that the Taylor Law is flawed and is in desperate need of reform. We can thank His Highness, Mike Bloomberg, for bringing that subject to light. Bloomberg’s apparent hatred for workers who stand up for themselves and refuse to beg for crumbs under the dinner table is what is really the culprit here.

I’m proud to belong to a Union who won’t cut deals with this elitist Mayor (and his MTA puppets). We refused to allow an inferior pension tier on the property, and rightly so. We must let the public know that it is not the labor costs that hurt the MTA budget but it is the debt service policy of the MTA that leads to budget short falls. Do to decreased government subsidies, the MTA must borrow money to pay for operational costs. At the end of the year, all they back is the interest. Then they borrow more. Even if they paid nothing for labor next year, they would still be 10 billion dollars in debt.

How is that the workers fault? They need a $10 billion bail-out and a 50% increase in subsidies to run the transit system in the black. Bloomberg is, in part, to blame because City subsidies are down to 3%. New York City gets the full economic benefit but pays nearly nothing. Bloom-zilla wants the workers to pay with monetary concessions. How far can that go?

Now we must rise up and make our intentions known to the public. We want Bloomberg out!

The front line in the battle between working families and the power and wealth in New York City is right here at TWU Local 100. We hope to see all of you out there at our future demonstrations.

Joe Campbell
Division Chair
Car Maintenance Division
TWU Local 100

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reynard59 March 5, 2011 - 6:04 am

The MTA has wasted millions of dollars! Systems that don’t work and are over budget, no bid contracts, and listening to so called consultants selling pipe dreams instead of using the workers that are already on the payroll to do the same work for less money!!! On top of that here is the the best kept secret…are you sitting down? LAWSUITS!!! New Yorkers need to find out how much of the MTA’s budget is allocated to settling LAWSUITS!!! YOU WILL BE ASTONISHED!!!

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