Archive for TWU

The New York Court of Appeals, the state’s highest court, has declined to hear the MTA’s appeal of arbitration-awarded raise for its unionized workers, The Daily News reported this afternoon. This decision effectively ends the MTA’s long-standing attempts to convince the state judiciary to overturn the binding arbitration award, and it will result in a three percent wage increase for TWU members retroactive to mid-January. “This is a huge victory for transit workers,” TWU Local 100 leader John Samuelsen said to The News. “This finally ends an unnecessary ordeal the MTA put its own employees through after an arbitration award gave us the raise.”

The legal battles the MTA has fought over this raise have been well documented on this site. I’ve always believed the MTA had a duty to pursue an initial attempt to getting a judge to reconsider the arbitration award, but with this final appeal, the authority had little chance of success. Fiscal hardship is not a viable grounds for overturning an arbitration award, and the MTA has expended considerable resources on this case. Either way, it’s over now.

Categories : Asides, TWU
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I’ve been pretty busy lately with less time than I’d like to devote to the site. I haven’t had much time to do much long-form reporting over the last few wees, but there are still a series of newsworthy happenings. Let’s run them down.

Profiling the train that collects the trash

After much hand-wringing over the cleanliness of eating on the subway, Pete Donohue took a ride on the garbage collection train for his Daily News column this week. Deep in Brooklyn, Donohue hopped the Southern, one of eight garbage trains currently in use and rode one of the 9:30 p.m.-to-5 a.m. shifts. Transit crews, he reports, pick up 90 tons of garbage per day, and perhaps that’s why rodents are so numerous underground.

Rife: Keeping an eye on the looming labor negotiations

Up in the Hudson Valley, Judy Rife of the Times Herald-Record has her eye on the looming negotiations between the MTA and the TWU. MTA CEO Jay Walder has vowed to maintain a “net zero” increase in the cost of labor spending as the union contracts come due, and Rife wants to hold Walder to his promise. “There can’t be any increase in the value of the contract, but raises are still possible if they’re counter-balanced by other savings,” MTA spokesman Aaron Donovan said to her. This is clearly a story I’ll be following this year.

Inside the Long Island Bus battle

In the Our Towns section in The Times today, Peter Applebome profiles the LI Bus debate. The fight between Nassau County Executive Edward Mangano and the MTA is well-trodden territory for SAS readers, but essentially, the county wants the MTA to foot the operations costs for Long Island Bus despite agreeing to fund the bill itself. The MTA has proposed cutting more than half of the bus routes, and Mangano keeps making noises about privatization despite extreme skepticism.

Politicians and activists are watching this fight to see how it’s resolved. “Simply put, County Executive Mangano is dreaming,” Kate Slevin, head of the Tri-State Transportation Campaign, said last week. “Let me make this clear — no other system in the country does what Mangano wants to do. Most county governments with private systems provide much more in the way of government funding, not less.”

Categories : Buses, TWU
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If you had a 10 percent chance to save $80 million, how much would you pay to do so? What if you had a 25 percent chance to save $300 million? In a traditional economic model, the right answers are $8 million and $75 million respectively. Why then are Pete Donohue and the Daily News so surprised by the MTA’s legal bills?

In his column today, Donohue slams the authority for “paying hired-gun lawyers more than $540 an hour to deny token booth clerks earning $18 an hour a modest raise.” The MTA, he notes, is trying once again to overturn the third year of raises awarded to the TWU by an arbitration panel in 2009. After an unsuccessful lawsuit and appeal to stop the first set of raises, the MTA racked up a legal bill of nearly $700,000 after claiming a victory would have saved them close to $300 million.

Riders, of course, are “baffled” by what one man called “a clear example of the MTA wasting hundreds of thousands of dollars of public money on something they agreed on anyway.” Yet, they shouldn’t be. The MTA, which can’t really afford to dole out more money in raises, can save $80 million, and if it feels its chances of winning — admittedly slim due to the precedence of courts upholding binding arbitration awards — are worth the expenditures, then it’s a cost that makes economic sense. Despite Donohue’s portrayal of the challenge as a class issue, it is simply one of economics through and through.

That said, the real issue here concerns the bigger picture. Later this year, the MTA and TWU will again sit down to negotiate a new contract, and while the MTA won’t accept an arbitration offer so quickly this time, they do plan to dig in for a long fight. It might make more sense to save those labor bullets for later in the year and avoid this uphill cost. The MTA may be doing its legal due diligence, but this is a battle it will likely lose in court while courting bad press as the larger labor war with more at stake looms on the horizon.

Categories : MTA Economics, TWU
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The MTA’s three-year battle to get arbitration-awarded raises for its unionized workers overturned may finally be at an end. As Pete Donohue reported yesterday, a panel of judges with the Appellate Division sided with the TWU in the MTA’s attempts to get the 2011 wage increases overturned. While it attempted to plead poverty, the authority will have to hike up wages three percent and reduce workers’ health care contributions as well.

TWU leaders celebrated the ruling. “This is a huge victory,” John Samuelsen, president of Local 100, said. “The MTA wasted hundreds of thousands of dollars in taxpayer money on legal fees pursuing a case they couldn’t win.” Of course, had the MTA won, they would have saved millions of dollars in taxpayer money, but they did face an uphill battle.

Ultimately, it’s tough to say for whom exactly this is a “huge victory.” The MTA has vowed to keep labor expenses steady over the next two years. So if wages are going to go up, the workforce will have to be reduced or the riding public will have to pay more. Meanwhile, you can bet that, when contract negotiations start up again later this year, Jay Walder and Tom Prendergast will not repeat the mistakes of Lee Sander and Howard Roberts: No more arbitration efforts. The MTA simply can’t afford.

Categories : Asides, TWU
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In early October, I briefly touched upon a simmering dispute at the TWU between union president John Samuelsen and the then-Secretary-Treasurer Izzy Rivera. The two were engaged in a war of words over the vote to retain healthcare benefits for union members who have lost their jobs, and Rivera was ousted from his position by a 37-1 vote.

Now, says The Post, the dispute between the two has simmered over, and the Department of Labor is now involved. Tom Namako has more on the fight between Samuelsen and the man who once wanted his job:

Agents at the US Department of Labor are now investigating whether recently ousted treasurer Israel “Izzy” Rivera steered a contract worth more than $100,000 to his lover, a Xerox office-supplies agent, who scored commissions, sources said.

The allegations come a day after The Post reported that John Samuelsen, president of the 35,000-member Transport Workers Union Local 100, is being probed by the Manhattan District Attorney’s Office for allegedly misusing the union’s $400,000 pot of political money. The probes are part of an escalating feud between Samuelsen and Rivera, who accuse each other of taking their grievances to authorities.

Rank-and-file workers say the infighting is ripping the union to shreds. “We’re paying them big salaries and they’re busy fighting each other and not the MTA,” said one laborer who knows several people who were laid off this year.

For more on the investigation into Samuelsen, check out this report. He and the TWU are reported being investigated for improper donations to state Democratic campaign committees; Ed Potosnak, a congressional hopeful in New Jersey; grocery purchases; and payments to Gov. David Paterson’s father for legal and consulting services.

“This is all political nonsense,” Samuelsen said yesterda. “I’m in charge of the political-action committee, and we made contributions to Senate and Assembly members…Everything I’ve done was done responsibly and within the boundaries of the union’s constitution.”

The in-fighting here is a further show of the TWU’s tenuous grasp on its internal politics. Never the most organized union, the TWU has spent the first decade of the 2000s dealing with internal strife. After Roger Toussaint’s illegal strike in 2005, Samuelsen came aboard as a reform candidate, but he is now embroiled in his own disputes. The TWU contract negotiations will come due next year, and Samuelsen will have to get his own house in order before taking on — or working with — the MTA to hammer out another deal.

Categories : TWU
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According to a report in the Daily News, approximately 100 bus drivers who were given a pink slip two months are back on the job. Pete Donohue reports that these bus drivers were asked to return to work to “fill vacancies from retirements and promotions” and that the move to rehire these drivers wasn’t an unexpected one. “It’s good to see people back to work, especially with this economy,” TWU official J.P. Patafio said. “We never understood why they were laid off to begin with.”

Buried within the article though is a glimpse of some dismaying news from the labor front. Donohue says that attempts to renegotiate the contract between the TWU and the MTA have fallen apart. Although the authority offered to “maintain staffing levels if the union agreed to re-open the contract and grant longer-term concessions that would lower MTA costs,” the two sides could not reach an agreement. I have to believe the labor relations will grow further strained next year as the end of the TWU’s current three-year contract arrives.

Categories : Asides, TWU
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As the MTA continues to look for ways to cut costs, the Transport Workers Union Local 100 is continuing to take jabs at MTA CEO and Chairman Jay Walder. As The Daily News’ Helen Kennedy reports today, the union will be distributing the above postcard later this week to mock for Walder for daring to go on vacation to his house in France after eliminating a few thousand jobs.

The postcard features a message on the back: “Heard the weather’s real hot and humid back in New York and that you’re packed in like sardines on the trains and buses because of all the service cuts. I’ll be back in plenty of time to push through the fare hikes.”

Union leaders responsible for this card, including TWU President John Samuelsen who, like Walder, makes a six-figure salary, want to whip up rider anger at Walder over the cuts. “Jay Walder is completely out of touch with average, everyday working New Yorkers who don’t have country houses – or the unmitigated gall to take a three-week vacation in the south of France in the midst of drastic cuts,” he said to Kennedy. “I personally believe that transit riders are beginning to wake up and smell the coffee and realize that their mass transit has been hijacked by millionaires.” Pick your poison: hijacked by millionaires or hijacked by labor.

I understand what the TWU is hoping to do with this card. They want to somehow suggest that Walder’s salary is the root of all evil and that the house he and his family purchased with the money he made while at Transport for London and McKinsey should preclude him from running a transit system. The truth is far more uncomfortable for labor.

Right now, John Samuelsen has failed his constituents. While trying to impinge on the credibility of the MTA chiefs, he has presided over a period of nearly unprecedented job loss for TWU members. Instead of taking the political risky but necessary step of working with transit advocates or with the MTA to secure alternate means of funding for station agents and constant service levels, he has gone for the public ploy of protecting the TWU’s members, and that ploy isn’t getting anyone anywhere.

For now, this battle over nothing will continue to take up headlines and time. It will lead to animosity between parties that should be working together against a state hellbent on transit policies that don’t adhere to common sense. It is, in a word, counterproductive.

I want to support a sensible labor union. I don’t want to see jobs eliminated and the subways less secure or clean. I want to see the TWU use its might for the good of public transit in New York City. That hasn’t happened yet as the TWU leadership seeks to secure its position atop a union still reeling from the 2005 strike. No matter how this battle plays out, the riding public will continue to lose until the two sides can reach a ceasefire and fight together for the better of everyone.

Categories : TWU
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The TWU, as we learned earlier this week, isn’t happy about the city’s plans to use dollar vans to replace shuttered bus routes. While the city and the Taxi & Limousine Commission are moving full speed ahead with a plan to privatize these bus routes, TWU President John Samuelsen has called these replacement offerings the Wal-Mar-tization of transit. The vans, he alleges, are unsafe and undercut union jobs and should not be embraced by New Yorkers looking for transit options after the MTA’s service cuts. But that isn’t stopping the MTA from offering its own dollar vans in Brooklyn come September.

The TWU says it has been selected by the TLC to run the commuter van service in Park Slope, The Wall Street Journal reported. The vans will run out my front door along the route of the now-defunct B71 from Prospect Heights through Park Slope and Carroll Gardens, and TWU Express, a non-profit subsidiary of the transport workers union, will operate the vans with TWU members behind the wheel.

Drivers will earn between $24-$26 — the going rate for union bus drivers — and will wear standardized dress that does not suggest an affiliation with the MTA. “Our plan is to have an initial fare of $1 to attract back the ridership on the line,” Arthur Schwartz, a TWU attorney, said. “We’ll adjust from there.”

There is but one catch: As it is trying to cash on the new routes, the TWU is also trying to sue the city in an effort to block this commuter van program. As first reported in The Chief-Leader earlier this week, the TWU has requested an injunction from a Manhattan judge against the TLC’s plan. “We’re playing both sides,” Schwartz said.

Ari Paul offered up a summary of the union’s position:

Union officials have long had a problem with so-called dollar-van services, arguing that they are lessregulated than publicly owned buses and that replacing transit service with small private companies was anti-union. Mr. Schwartz claimed in court Aug. 6 before Justice Anil Singh that the pilot program is unlawful, because giving one or several van companies exclusive access to former bus routes constitutes a franchise, which can be authorized only by the City Council. He also told the judge that the pilot program confused “for-hire” vans, which are not allowed to pick up passengers hailing vehicles off the street and are governed by the TLC, with “commuter” vans, which fall under the jurisdiction of the city Department.

The TWU is perfectly comfortable question the commuter vans as Samuelsen did in The Brooklyn Paper while angling to run a route themselves. It’s a politically feasible and smart strategy designed to keep union members working while showing how transit routes could be run in the city. “We’re going to offer trained bus drivers who have basic training, paid at union rate, the former bus driver rate,” Schwartz said to The Chief-Leader. “They’ll have health insurance and care a lot about their licenses because they’re going to want to go back to being bus drivers one day.”

For its part, the Taxi and Limousine Commission says the TWU’s bid has yet to be accepted officially, but David Yassky, the agency commission, seems willing to embrace the union’s plan. He said to WNYC that he would “love to have transit worker level service” as part of the commuter van pilot. Meanwhile, some union members are skeptical. “The union shouldn’t get involved with that,” Henry Feliciano, a bus driver in Manhattan, said to Paul. “They should try to get the jobs back.”

Sometimes, getting those jobs back simply involves a touch of creativity and a lawsuit at the same time.

Categories : Buses, TWU
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As the MTA and TWU prepare to head to mediation over the authority’s proposed cost-savings measures, the two sides are already engaged in a tense battle of words. In one corner: The Daily News reports that the MTA’s top earners have yet to be axed while lower paid jobs in management are being eliminated. In the other corner: Transit workers can earn overtime while on vacation. “When you go on vacation, why should your money be reduced by 15 to 20 percent?” Jim Gannon, a TWU spokesman, said to amNew York.

As labor representatives slam the MTA for keeping its top-heavy management structure in tact, the authority says it will soon begin to purge those jobs through its pending consolidation plan. The MTA says it will target overtime abuse as well. “We are looking to control unnecessary overtime as part of overhauling how the MTA does business,” spokesman Kevin Ortiz said. In the world of payroll abuses, the riders will always lose.

Categories : Asides, TWU
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Later this evening, MTA Board members and angry union members will square off in a pair of public hearings. Despite voting to cut the station agents in early 2010 and holding hearings on a nearly identical proposal a year ago, the MTA had to host these public open houses to placate a Manhattan Supreme Court judge who found that the MTA’s dismissals this year for plans approved last year violated the law. What the hearings tonight will accomplish is very little.

We’ve been down this path before with public hearings, and every time the MTA opens itself up to hearing from its constituents, politicians and interest groups grab the microphones. Instead of allowing people to speak in the order in which they’ve signed up, our elected officials often jump to the front of the line to get in their shots and go home. That’s what happened in March when the authority heard from the public on the planned slate of service cuts.

This week’s hearings should be even worse. The TWU organizers have engaged in a blitz via Twitter, Facebook, phone-banking and old fashioned union round-ups to, as one release put it, “pack these hearings and deliver a strong message” to the MTA Board members. At locations in Manhattan and Queens, Brooklyn and the Bronx, MTA employees will come out in force to yell at those who sign their checks.

In all likelihood, tempers will flare as they did in March. When job cuts are on the line, labor leaders tend to be ruthless, and anyone who dares speak out in favor of the plan to shutter token booths and fire station agents will be, at the very least, mocked and probably threatened by the union supporters in the crowd. With jobs on the line, after all, the TWU members are very motivated to attend these hearings and make themselves known.

On the one hand, I can’t hold the TWU’s actions against them. As a labor union, those in charge have to protect their jobs, and right now, the TWU is fighting against an MTA Board that has already made up its mind in a day and age very hostile to labor interests. Many New Yorkers have come to see station agents as superfluous, and while these workers put themselves in harm’s way on a daily basis, the media coverage often focuses around those who don’t do their jobs well rather than those who do.

But on the other hand, I still have to wonder about the union’s lackluster support for the MTA in Albany and at home. Instead of talking about the way pension obligations represent nine percent of the MTA’s annual expenditures, former union members focus on debt service which accounts for 16 percent of the MTA’s spending pie. Do two spending wrongs make an economic right?

The TWU has never embraced congestion pricing, claiming to me once via Twitter that it was “too complicated” to get into the debate through that media and voicing concerns about the impact a charge would have on the middle class. This argument completely ignores the fact that middle class New Yorkers don’t spend their days driving to and from Manhattan’s Central Business District and would, in fact, benefit more from a more fully funded subway system. Such are the way of unions today.

So tonight we get a political governmental farce. On the stage will be MTA Board members who are there because a judge told them to be. They’ll hear the crowd; they’ll vote to close the booths and fire the station agents. At the microphone, we’ll see an increasingly belligerent audience using the time to bash the MTA for all of its many short-comings. No matter who wins, those paying the fare and riding the subways will lose.

Categories : TWU
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