Comments on: Non-union employees to face 10 percent pay cut http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/ A New York City Subway Blog Sat, 26 May 2012 04:42:27 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Older and Wiser http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68215 Older and Wiser Tue, 15 Dec 2009 06:22:02 +0000 http://secondavenuesagas.com/?p=4514#comment-68215 Unions and regular wage increases have long been a fact of life in the NY Public sector. The mayor made his peace with that long ago. But MTA executives think of that as an inconvenient impediment to their delusions of grandeur as big time players in the mega construction and mega real estate industries. Why do you suppose the MTA manages to occupy half a dozen or more office buildings, when they could fit the whole darn operation into existing unused space at the 2 Broadway facility alone? The root of the MTA's financial problem isn't union wages, and it's not duplication of office functions from one MTA agency to another either. The problem is MTA Capital Construction Corp itself, which has become the tail that wags the MTA dog. MTACC has bitten off more projects than it could ever hope to chew, perhaps in an attempt to make itself too big to fail. Mega billions being set aside for projects of dubious value, and which, after all the delays have accumulated, may or may not ever serve a single revenue passenger in our lifetime. Unions and regular wage increases have long been a fact of life in the NY Public sector. The mayor made his peace with that long ago.

But MTA executives think of that as an inconvenient impediment to their delusions of grandeur as big time players in the mega construction and mega real estate industries. Why do you suppose the MTA manages to occupy half a dozen or more office buildings, when they could fit the whole darn operation into existing unused space at the 2 Broadway facility alone?

The root of the MTA’s financial problem isn’t union wages, and it’s not duplication of office functions from one MTA agency to another either. The problem is MTA Capital Construction Corp itself, which has become the tail that wags the MTA dog. MTACC has bitten off more projects than it could ever hope to chew, perhaps in an attempt to make itself too big to fail. Mega billions being set aside for projects of dubious
value, and which, after all the delays have accumulated, may or may not ever serve a single revenue passenger in our lifetime.

]]> By: Benjamin Kabak http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68138 Benjamin Kabak Sun, 13 Dec 2009 22:53:09 +0000 http://secondavenuesagas.com/?p=4514#comment-68138 They made an argument of unconscionability based upon the economic impact of the wage hike. They had an uphill battle, but it wasn't symbolic. It would have been a big surprise if they won though and considering the cost savings had they won, the legal expenses are mostly justifiable. They made an argument of unconscionability based upon the economic impact of the wage hike. They had an uphill battle, but it wasn’t symbolic. It would have been a big surprise if they won though and considering the cost savings had they won, the legal expenses are mostly justifiable.

]]> By: Anon http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68137 Anon Sun, 13 Dec 2009 22:51:15 +0000 http://secondavenuesagas.com/?p=4514#comment-68137 So it seems that appealing binding arb is more symbolic move than anything else. I wonder how much money in attorney fees that symbolism cost? So it seems that appealing binding arb is more symbolic move than anything else.

I wonder how much money in attorney fees that symbolism cost?

]]> By: Benjamin Kabak http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68135 Benjamin Kabak Sun, 13 Dec 2009 22:32:15 +0000 http://secondavenuesagas.com/?p=4514#comment-68135 Few. A judicial order overturning arbitration is very rare, and there was no indication the MTA would win at the state court level. But that wasn't the question Working Class had. Few. A judicial order overturning arbitration is very rare, and there was no indication the MTA would win at the state court level. But that wasn’t the question Working Class had.

]]> By: Anon http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68134 Anon Sun, 13 Dec 2009 22:29:22 +0000 http://secondavenuesagas.com/?p=4514#comment-68134 A better indicator would be how many cases of binding arb appealed actually got the arb overturned. JMHO A better indicator would be how many cases of binding arb appealed actually got the arb overturned.

JMHO

]]> By: Anon http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68132 Anon Sun, 13 Dec 2009 22:27:31 +0000 http://secondavenuesagas.com/?p=4514#comment-68132 6,000 employees at average salary of $60,000/year = 360 Million Dollars 10% of 360 Million is 36 Million Dollars There is a law that includes a provision allowing up to ten percent of the amount apportioned in the Stimulus Money that the MTA received to be used for operating assistance (i.e Salary). http://www.fta.dot.gov/news/news_events_10012.html MTA could shift as much as $110 million in stimulus funds from capital construction and maintenance projects to the operating side of the ledger (i.e. salary). http://www.nydailynews.com/news/2009/06/17/2009-06-17_bill_could_let_mta_shift_stimulus_funds.html#ixzz0ZbsSlXV4 The MTA can use this money to prevent work furloughs but appears that it may choose not to! In fact they don't have to use all 10% If 110 Million is 10%, 55 Million would be 5% and 36 Million would be about 3%. Why isn't the MTA using 3% of it's Stimulus money to prevent work furlough? Bullocks! 6,000 employees at average salary of $60,000/year = 360 Million Dollars

10% of 360 Million is

36 Million Dollars

There is a law that includes a provision allowing up to ten percent of the amount apportioned in the Stimulus Money that the MTA received to be used for operating assistance (i.e Salary).
http://www.fta.dot.gov/news/news_events_10012.html

MTA could shift as much as $110 million in stimulus funds from capital construction and maintenance projects to the operating side of the ledger (i.e. salary).

http://www.nydailynews.com/new.....z0ZbsSlXV4

The MTA can use this money to prevent work furloughs but appears that it may choose not to!

In fact they don’t have to use all 10%

If 110 Million is 10%, 55 Million would be 5% and 36 Million would be about 3%.

Why isn’t the MTA using 3% of it’s Stimulus money to prevent work furlough?

Bullocks!

]]> By: Benjamin Kabak http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68128 Benjamin Kabak Sun, 13 Dec 2009 20:17:58 +0000 http://secondavenuesagas.com/?p=4514#comment-68128 Read through the court's decision <a href="http://secondavenuesagas.com/2009/12/13/wage-increases-to-cost-100m-after-judge-backs-twu-in-appeal/#comments" rel="nofollow">posted in here</a> and look at the cites in the second half. That's established New York state jurisprudence for judicial scrutiny of arbitration appeals. A Lexis search for the term "appeal AND arbitration award" turned up 2632 court cases on point. I'm not going to list all of them because it's impractical. Arbitration appeals are rarely upheld because the appealing party has to be a very demanding test, but appeals are regular. It's part of the arbitration process. For more on that process, I recommend reading <a href="http://www.adrforum.com/faq.aspx?faq=896" rel="nofollow">this FAQ</a> at the National Arbitration Forum's website. If you still don't believe me, consult a labor lawyer. Read through the court’s decision posted in here and look at the cites in the second half. That’s established New York state jurisprudence for judicial scrutiny of arbitration appeals.

A Lexis search for the term “appeal AND arbitration award” turned up 2632 court cases on point. I’m not going to list all of them because it’s impractical. Arbitration appeals are rarely upheld because the appealing party has to be a very demanding test, but appeals are regular. It’s part of the arbitration process.

For more on that process, I recommend reading this FAQ at the National Arbitration Forum’s website. If you still don’t believe me, consult a labor lawyer.

]]> By: Working Class http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68127 Working Class Sun, 13 Dec 2009 19:55:39 +0000 http://secondavenuesagas.com/?p=4514#comment-68127 Ben I am still patiently waiting for your proof to enlighten us that BINDING arbitration rulings are REGULARLY appealed. Ben I am still patiently waiting for your proof to enlighten us that BINDING arbitration rulings are REGULARLY appealed.

]]> By: Benjamin Kabak http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68100 Benjamin Kabak Sun, 13 Dec 2009 05:51:58 +0000 http://secondavenuesagas.com/?p=4514#comment-68100 Check out <a href="http://secondavenuesagas.com/2009/12/13/wage-increases-to-cost-100m-after-judge-backs-twu-in-appeal/" rel="nofollow">this post</a> for a link to the ruling and more. Check out this post for a link to the ruling and more.

]]> By: Wage increases to cost $100M after judge backs TWU in appeal :: Second Ave. Sagas | A New York City Subway Blog http://secondavenuesagas.com/2009/12/12/non-union-employees-to-face-10-percent-pay-cut/#comment-68099 Wage increases to cost $100M after judge backs TWU in appeal :: Second Ave. Sagas | A New York City Subway Blog Sun, 13 Dec 2009 05:47:27 +0000 http://secondavenuesagas.com/?p=4514#comment-68099 [...] « Non-union employees to face 10 percent pay cut Dec [...] [...] « Non-union employees to face 10 percent pay cut Dec [...]

]]>