Spivack, who has won himself a free monthly MetroCard for spotting this grotesque rodent, said the creature was still living when he snapped the photo. “I was waiting for the D train when I saw something on the platform,” he said to The Daily News. “The thing wasn’t moving but it was alive. I got as close as I dared to get.”

While the TWU’s contest brings visual attention to the rat infestation in the subway system, Albany is slowly attempting to do something to address the problem. The bill to ban food underground moved out of transportation committee by a 16-3 vote although nine of the ayes came with reservations. The bill now sits with the State Senate Finance Committee.

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The report, released on Monday and available here as a PDF, is framed as a grand what if. What if, as has routinely happened between the two sides, the MTA and TWU must go to arbitration in front of the Public Employment Relations Board to settle their differences? How would the PERB decide in a binding case?

Using the same five criteria PERB members must consider, the CBC analyzed the TWU’s current situation and the MTA’s financial crisis. Overall, they found the heavy rail operators and bus operators and maintenance staff are already the highest paid in the country and are often better off than New York City’s private employees when it comes to wages, health insurance and pension benefits. As TWU employees enjoyed raises of over 11 percent from 2009-2011, New York’s private employees saw, on average, pay bumps of barely one percent.

Furthermore, TWU compensation has “consistently exceeded inflation.” Since 1999, TWU raises have risen by 47 percent while inflation has increased by 38 percent. Over the past three-year contract, the raises have outpaced inflation by nearly 100 percent.

To compound the problem, the MTA is not in a position to suffer through more wage increases, the CBC notes. “Failure to achieve this [net-zero] target will widen the MTA’s operating deficit: each one point increase awarded to the TWU would increase costs by $42 million, if applied to setting wages elsewhere in the system. “An award along the lines of projected inflation – 2.2 percent in 2012 and 2 percent thereafter – would open a budget gap of $92.4 million in 2012, $176.4 million in 2013, and $256.4 million in 2014, approximately 2.25% of operating expenses,” the report says. “Since the MTA does not have the financial ability to pay any wage increases awarded with a greater cost than ‘net zero,’ riders are likely to bear the burden in the form of increased fares or reduced service.”

The net-zero wage increase then may be in the public good, the Commission believes. The MTA must, they write, have resources to “provide reliable service, preventing fares from becoming burdensome to riders, and securing decent compensation and work conditions for worker.” Efficient operations can accomplish this goal, and to that end, the CBC says, the TWU and MTA may have a serious discussion on one-person train operations. Ultimately, something as bare as work rule reform must be accepted by both sides.

In the end, the CBC issues a call for a net-zero wage increase. They write:

The findings indicate that awarding “net?zero” wage increases is fair and appropriate given the current economic climate, the fiscal outlook of the MTA, the burdens recently placed upon riders, and the high relative and overall compensation level of TWU employees.   State and City governments have set a three?year wage freeze, with added employee responsibility for health insurance costs, as the pattern for settling expired public employee contracts.  Applying this pattern to the TWU contract would not compromise the standard of living of TWU workers; the inflation rate is projected to be about 2 percent, and a three?year wage freeze will not undo the real wage growth that TWU employees have realized over the last decade.  Increasing employee responsibility for health care costs, through increased premium?sharing or salary contributions, is also appropriate given the relatively modest contributions made by TWU employees as compared to other public and private employees.

Can it happen though? The TWU has not shown a public willingness to accept a net-zero increase in labor spending. Union leaders know such a plan would lead to stagnant wages or a work-force reduction, and that’s a tough pill for union members to swallow. For the public though, affordable and reliable subway service may just depend on it.

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The New York Post reported this morning that the TWU had “won” a key concession from the MTA. Subway drivers may receive three days off following any incident, fatal or not, in which their train strikes a person. Furthermore, conductors could get time off if they observe someone fall between cars or slip between the subway and platform edge. In the past, conductors did not receive such time off, and drivers had to be behind the wheel of a fatal accident to qualify. “Protecting conductors and operators from these horrible incidents underground was one of the main goals,” The Post’s source said.

As TWU President John Samuelsen reacted to an MTA leak, so too did the authority react to a TWU leak. “It is the MTA’s policy not to negotiate through the press,” MTA Chairman Joe Lhota responded in turn. “However, we will not allow inaccurate or leaked statements regarding negotiations to stand as fact. Today’s New York Post story is harmful to the collective bargaining process.” It is unclear if The Post report is accurate or what the TWU may give up in return for these protections, and despite the tense war of words over media reports, sources confirm to me that neither party anticipates a strike even if a deal is not yet on the horizon.

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Meanwhile, after two weeks of stewing over “bad faith negotiations” brought about when the TWU objected to an apparent leak of the MTA’s demands, the two sides will resume formal talks on Thursday. While the TWU’s outrage over the MTA’s supposed negotiating tactics has stalled forward progress, MTA Chairman Joseph Lhota says that he and TWU president John Samuelsen have maintained an open line of communication over the past few weeks. A deal though is still not on the horizon, but neither is a strike.

For a full glimpse at the MTA’s demands, check out this pdf. They range from benefit reductions to operational improvements, but OPTO, sadly, is not among them.

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During the 2005 transit strike, the MTA had to chain off the entire subway system. (Photo by flickr user h-bomb)

It’s now been 15 days the TWU’s current contract with the MTA expired. In the intervening two weeks, the two sides have gone through the public spectacle of negotiations with one side — the TWU — walking away for a few days in dramatic fashion and the other leaking some demands. As John Samuelsen and Joe Lhota work to find a resolution, the union president says he won’t rule out a strike, but a peaceful resolution is the more likely path toward a new labor pact.

For New Yorkers, even the talk of a transit strike is enough to send us back to those cold three days in 2005 when the subways did not run. Just over six years ago, the TWU, defying the law, did indeed strike, and New Yorkers were left without subway service as Christmas neared. As I was for New York’s defining moments of the first decade of the 21st Century, I missed the transit strike. I was in D.C. that week, not due back in New York for a few more days, and by the time I returned to the city, the strike was over. Today, I want to revisis that strike.

Those days in December were heady times for the MTA and the TWU. Concerned with out-year budget projections of steep deficits, the MTA wanted to cut labor costs. In order to restrain pension spending, the authority proposed pension cuts and called upon the TWU to allow conductors to walk through train cars. It was viewed by many as another step along the path toward conductorless cars, and the union balked.

The city began to prepare for a costly strike as negotiations dragged on, and even though the TWU rank and file authorized a strike, analysts were skeptical. Such a strike would, many said, be in violation of the Taylor Law, and the leadership would be risking a lot by leading a strike. The city, meanwhile, was preparing to throw the book at anyone who struck illegally.

As business owners tried to arrange alternate transportation for their workers, the MTA continued to enjoy a December of cut rates. That winter, you may recall, the authority used an end-of-year surplus to offer $1 rides for all pay-per-ride straphangers. It all came to head on December 20, though, as union leadership decided to strike after failing to reach an agreement with the MTA.

With temperatures in the upper 20s, straphangers had to battle the elements and massive crowds as cab share plans were initiated and car trips into Manhattan were carefully limited. A state judge levied massive fines against the TWU as an organization and against its leadership personally for the strike. The Times called it an “unnecessary strike.”

On Day Two of the strike, New Yorkers grew weary. Traffic marred the streets while many simply worked from home. It was a cold winter day for tourists, shoppers, business people and families who could not escape the confines of their neighborhood, and Judge Theodore T. Jones threatened then-TWU President Roger Toussaint with jail time over the strike. On the third day, after 60 excruciating hours, the strike ended. State mediators had convinced the two sides to work toward a deal, and the MTA seemed willing to grant generous raises while dropping demands to raise the retirement age from 55 to 62. The TWU seemed willing to take an increase in pension contributions as well.

Across the city, businesses bemoaned the losses with lost revenue estimated at half a billion dollars. Roger Toussaint faced a short jail sentence, and the union lost its ability for automatic dues check-offs. Eventually, leadership agreed not to authority illegal strikes in exchange for the restoration of that right, but it took the TWU a few years to recover from that strike.

Today, as the MTA is demanding a net-zero labor increase, and the union wants some small raise in its contract, the two sides are at different places than they were six years ago. The union seemingly recognizes the MTA’s financial situation, and the MTA will hold a firm line while keeping dialogue moving forward. The last strike was a reminder of how reliant the city is on its subway system, and while, with no deal in place, the vague threat hovers above the negotiations, I doubt we’ll see a repeat of 2005 any time soon.

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According to The Daily News, the MTA appeared willing to budge on the union’s request for a one-percent raise this year and next, but its demands were high. The MTA had wanted to change overtime rules to kick in after a 40-hour work week rather than an eight-hour work day and had planned to demand part-time bus drivers, less vacation time and revised health care plans. Raises too will come with other work rule changes as well.

For its part, the MTA denied negotiating through the press, and TWU leaders said they would be willing to resume talks eventually. For now, we wait.

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According to Crain’s New York, the MTA’s demands are in line with what other New York unions have received recently. MTA CEO and Chairman Joe Lhota has proposed a five-year deal with no wage increases in years 1-3 and two percent bumps in years four and five. The MTA also has reportedly requested higher health care contributions from workers, a furlough period, a part-time bus driver position and a lower salary for station cleaners.

On the other hand, the TWU wants constant wage increases, especially if it signs a five-year deal, and seems cool on the thought of productivity gains, according to The Wall Street Journal. The union, says The Journal, wants five years of wage increases tied to the Consumer Price Index. They won’t get any such raises without major productivity gains though.

Ultimately, the issue boils down to money. The MTA doesn’t have money to usher in an increase in labor costs. A wage increase will come at the expense of the number of TWU members on the work rolls and their job descriptions. The union has mentioned slowdowns as they operate without a contract, but for now, the two sides will continue to negotiate.

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In a statement released shortly after midnight, the authority vowed to keep open their talks. Considering the MTA’s current fiscal position, arbitration is not currently under consideration. “Even though the MTA and TWU Local 100 have negotiated through the weekend, we have been unable to reach a settlement prior to the expiration of the contract,” the MTA explained. “While we remain far apart, the MTA will continue to negotiate in good faith in the hope of reaching a settlement.”

The TWU, at least in public, took a more strident tone. Speaking at a rally to honor Martin Luther King, Jr., Samuelsen voted to keep up the fight. “I’m going to go back into the hotel and I’m going to tell the MTA chairman and the governor they can take their set of demands and shove it,” the union leader said. “We’ll fight them until they relent and give us a fair contract.”

Pete Donohue of The Daily News had more:

The MTA demands include establishing a new class of part-time bus drivers, five unpaid vacation days and overtime after 40 hours — instead of after eight hours in a day. MTA officials also have said any wage increases must be paid for by work-rule changes that cut costs.

One source close to the negotiations said there appeared to be pressure coming from the Cuomo administration not to grant workers even a small pay increase. The Cuomo administration last year reached deals with the state’s two largest unions that froze pay rates for the first three years of five-year deals…

Despite the bleak outlook Sunday, there was progress on some fronts, sources said. The MTA has agreed to improve the bathroom facilities for female workers in the subway and identify suitable locations for female bus drivers to make pitstops along their routes.

The biggest gap in negotiations ultimately concerns the money. Lhota has vowed to uphold former MTA head Jay Walder’s pledge to maintain a net-zero labor increase while Samuelsen is fighting against it. Simply put, though, the MTA and New York State do not have the money for an increase in the cost of the TWU’s contract. Things aren’t yet at a head, but with the contract expired, the future remains murky.

Without a contract, TWU workers can make their displeasure with the situation known. The union could institute letter-of-the-law slowdowns and other legal measures that can gum up transit operations. It is highly unlikely that the union would strike, but as Jan. 16 dawns, there is no contract in place between the TWU and MTA. Anything is now possible.

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Yesterday, the Daily News’ editors chimed in with their take on the labor situation. Noting that an arbitration panel recently determined that Long Island Bus workers will have to forego their expected three percent raises in 2011 since the MTA doesn’t have the money for it, the News called upon the TWU to take note and expect to give out concessions. “This is a time for tightened belts,” the editorial said. “Any and all raises will have to be bought with work rule changes and productivity gains.”

Over the last three years, as TWU members have enjoyed raises, the MTA has slashed its administrative payroll while freezing wages. It’s creating to something of a brain drain at MTAHQ, but that’s a problem for a different post. Now, it’s time for the TWU to show flexibility. As the News says to Samuelsen, “He should remember that the best interests of all concerned — taxpayers, riders and workers — are to keep the MTA as efficient as it can be.” That will be a key point over the next few weeks as the two sides work toward a deal.

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A few months ago, before Jay Walder’s abrupt resignation, it appeared as though the TWU and MTA were heading toward a collision. Since Day One, the union had protested hard against Walder, and the former MTA head and TWU president couldn’t stand to be in the same room as each other. As Grossman writes, though, Lhota made it a point shortly after earning the MTA nomination to seek common ground with Samuelsen, and the TWU head has responded in turn. “I’ve had three times as many conversations than I did with Jay Walder his whole time here,” Samuelsen said of the new MTA head. “Lhota appears to me to be a reasonable, decent guy that you can have a conversation with and who is fairly easy to communicate with.”

Of course, all the back-slapping in the world can’t forge a labor agreement acceptable to both sides. The MTA is relying heavily on a net-zero increase in labor costs, and the union is going to push back hard. Even without a strike, MTA workers can slow down service by adhering to safety regulations, and Grossman’s sources fear a drawn-out negotiation. “We’re pretty wide apart at this point,” one said. Still, if the two guys going back and forth can get along on some level, that’s a step in the right direction.

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