According to a brief item on NY1, the Transport Workers Union will sue the MTA for its 2011 raise. Under the 2009 arbitration ruling, TWU members were guaranteed raises of four percent in both 2009 and 2010 and three percent in 2011. The MTA, after losing an appeal, gave out the two of the three raises but claims it cannot afford to dish out the final three percent in January. The TWU will argue that the MTA’s actions are both “unfair and illegal,” and this legal battle will just increase the animosity that has the TWU lobbing cheap shots at the MTA leadership.
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If MTA agreed, contractually, to a raise, then they will be forced to give it. Without knowing the specifics, unless the parties can agree to change this, and/or depending on what type of Force Majeure or language appears in the contract (I am indeed stretching this a bit) or more aptly Business Continuity, the raise will stand. Walder should let this 1 go, pay the raise and fight the good fight instead.
I’m wondering that too… recessions don’t normally trigger force majeure clauses. They’re going to just run into the same problem they ran into the last time they fought this.
If the MTA administrators don’t want to pay the raises that they are currently contractually obligated to pay, then they should come to the bargaining table with something to offer in exchange. Lawsuits and PR campaigns are essentially just more wastes of money.
I’m sure there’s work rules or benefits or something that the unions want to discuss and might be willing to negotiate down their salary increases for. But if management comes to the bargaining table on an offensive footing, it’s only going to get nastier.
There are a few parts of the last contract that the TA has refused to follow. They break the law at will and get away with it. Makes me sick as a law abiding citizen.
I think 2011 is 2011 and once the MTA breaks down and Albany finally gets the
Transit TaxFare Hike it has been wanting for several years, there won’t be as big an opposition to these poorly planned raises.Hey, no sweat off TWU’s backs, they don’t pay for their rides.
Meanwhile, the TWU will buy more inflatable rats, probably animatronic ones that light up and pop the finger at the riding public, and start planning for their 2012-2014 raises.
Also as per the contract they were only supposed to deduct the health care premium from the base 40hrs. They still deduct it from gross pay. They do what they want and let the courts force them.
This is really remarkable because as a public authority, the MTA has an absolute legal obligation to comply with every law in every juristiction in which it does business, except as oherwise exempted by another law. Those inconvenient (for the MTA) laws include the Taylor Law arbitration provision, contract law, civil service laws and court orders puruant to enforcement of those laws.
And no, the MTA would never file for bankruptcy, even if it could. That’s because they know perfectly well that any bankruptcy court would insist that they tap stimulus money and implement emergency fare increases before seeking to cast aside the manifest fruit of the Taylor Law.
I do hope you live long enough to see what happens to the Taylor Law after that.
[…] the arbitration-awarded raises for 2011, The Chief-Leader reports. Last Monday, I noted how the TWU planned to sue the MTA for these raises, but now, it appears as though the legal wrangling will amount to a request to throw out the […]
Lets start with you must have at least a H.S. Diploma, You file an application for $100.00. Then you go to a Public School a year or more later to take the 80 Question math tests which is so hard they let use a Calculator. Then if you get 75 or better you might get called for a Physical exam 2 to 3 years later. Because over 10,000 people will take the test, do the math on how much money Personnel Dept. makes (Not NYC Transit).Once you pass the physical (The Physical consists of Urinating in a cup and Blood Pressure test and eye exam & hearing test. More than half fail the Urine test so now we are down to 10 applicants out of 30 then you go get finger printed another 100.00. Then sworn in $1.00 then 2 weeks of training on Biological Waste & Pathological Waste removal & Asbestos abatement and then you get a uniform. Half of my class mates dropped out the first 2 weeks of training (30 Classmates that started with me). While on the job as needed, and I have done it removed body parts and Blood from Train Accidents and Shooting Victims in the Subway. Personnel Dept has 3 years to investigate your background. Don’t forget to tell NYC Transit about Fare Beating tickets or Parking tickets, Or 3 years to date you will be terminated from employment. Lets not forget pay Union Dues the first year on the Job and can be fired for AWOL or Lateness without recourse. GOOD Luck. I have 4 years to go and I would never tell my Family members to take a test for NYC Transit