Thursday, December 30, 2010
TWU Of America Says No To New Union Hall, Is it politics?
The Twu Local 100 leadership has been looking for a new union hall since they have taken office, now that one was found, the Transport Workers Union Of America has denied the right to purchase a new union hall to service it's members. I suspect politics! What happened to true trade unionism? Nobody should stop local 100 from moving forward not even for political reasons! stop the politics, we are supposed to fight the anti labor movement not ourselves just because of internal politics. The TWU of America must respond and give a reason why they are trying to stop it's biggest local from succeeding for it's members. Stay Tuned!
Friday, December 17, 2010
Transit Managers Try To Get Employees To Sign For Cell Phone Memo
To all concerned: Be advised that the TA is trying to get the TWU membership to sign for a cell phone memo, and threatening to withhold paychecks if you do not sign!
It is the TWU's position that their membership shouldn't sign for the above mentioned memo. If the TA gives it to you that is fine, but signing for it will not be done! The TA cannot legally withhold anyones paycheck Stay Tuned!
It is the TWU's position that their membership shouldn't sign for the above mentioned memo. If the TA gives it to you that is fine, but signing for it will not be done! The TA cannot legally withhold anyones paycheck Stay Tuned!
Wednesday, December 15, 2010
MTA Loses Fight To Hold Our Contract Hostage
A five judge panel has ruled against the MTA's attempt to derail key parts of our 2009 arbitration award. The unanimous ruling leaves the MTA little room for further appeal. In a nutshell, it is all over but the crying.
Among the measures the MTA was trying to block were a 3% wage increase due this coming January 16, and a rollback of employee health contributions to a flat 1.5%.
The latter measure will come with full retroactive pay.
In response to the ruling, John Samuelsen cited local 100's record of fighting MTA waste, saying "hopefully we have just put a halt to the MTA's waste of taxpayer money on these fruitless appeals."
The court ruling brings within reach an end to the last contract round. TWU Local 100 must now focus on the contract battle that lies ahead. At the November 6th General Membership meeting, President Samuelsen pointed out that "this will likely be our union's biggest fight in modern memory."
Among the measures the MTA was trying to block were a 3% wage increase due this coming January 16, and a rollback of employee health contributions to a flat 1.5%.
The latter measure will come with full retroactive pay.
In response to the ruling, John Samuelsen cited local 100's record of fighting MTA waste, saying "hopefully we have just put a halt to the MTA's waste of taxpayer money on these fruitless appeals."
The court ruling brings within reach an end to the last contract round. TWU Local 100 must now focus on the contract battle that lies ahead. At the November 6th General Membership meeting, President Samuelsen pointed out that "this will likely be our union's biggest fight in modern memory."
Monday, December 13, 2010
Vacation Allotment Grievance
Brothers and Sisters; Approximately one month ago the MaBstoa Union Reps filed yet another Grievance against the TA. This time the TA violated the contract concerning vacation allotment. A little history on the subject of the non holidays we have been working as modified schedules reveals that the Transit Authority has not been satisfied with the fact that they have to pay people for showing for work and boost their pay to ...reflect picked run pay. In turn you must use banked time or vacation time if you wanted to be excused. (non holidays) As mentioned this is all revelant to the TA's plans to reduce schedules and pay for the 2011 non holiday prints, which will not be boosted up to picked run pay for 2011 because that signed stip will expire at the end of the year.As always, the Transit Authority tries to be slick! As noticed early on in the General pick, the TA increased the vacation alotment and the vacation weeks that can be picked in the course of the year to coinside with their non holiday schedule. In December the increase was 25% from the norm, which affected the summer prime weeks that could be picked! (reduced) This has an impact on a couple of things, 1 Summer Overtime and 2 your 1/52nd average for vacation pay.This Grivance has been filed against the TA claiming the violation of the contract including but not limited to Attachment E bus consolidation 6.2 5.1 Contractually, the TA is obligated to increase the prime weeks by 10% in the summer months. What they did was decrease the summer prime and increased the December non holiday by 25% in order to make their quota of getting people off, so as to not pay people for sitting around in the Depots on the non holiday prints. Stay Tuned!
Saturday, December 11, 2010
December 9, 2010 Cuomo Gains An Ally For Looming Fight With Public-Employee Unions By Charles V. Bagli Of The New York Times
Business and real estate executives intend to raise $10 million in the coming weeks in support of Governor-elect Andrew M. Cuomo’s looming showdown with government employees’ unions over wages and pensions.
And the business leaders, organizing as the Committee to Save New York, have found a surprising ally: one of the most powerful union officials in the state.
The official, Gary LaBarbera, is the president of the Building and Construction Trades Council of Greater New York, a 100,000-member federation of electricians, iron workers and operating engineers who work on large building sites around the region.
Their trades have suffered 20 percent unemployment in the economic downturn, and the union argues that healthier state finances and lower taxes will spur development and construction work.
And while, on average, the construction workers earn more than their union brethren in the public sector, they have the rankling perception that government unions have not shared in their recent suffering.
“We’re advocating for a fiscally sane economy in New York,” Mr. LaBarbera said Thursday. “This is not about bashing public-sector unions. But without a fiscally sound environment, we will not be able to attract new businesses to the city; we’ll continue to lose business.”
He conceded that “at times there will be competing interests between public- and private-sector unions.” But he added that he had become involved in the committee, in part, to serve as a counterweight to those who would “vilify working people.”
His participation was heatedly discussed during a recent meeting in Puerto Rico of the Public Employees Conference, a coalition of government employee unions in the state. And labor leaders say the top union official in the state, Denis M. Hughes, the president of the New York State A.F.L.-C.I.O., is concerned about what could turn out to be a debilitating schism in the most unionized state in the country.
Joshua B. Freeman, a labor historian at the City University of New York and the author of “Working-Class New York,” said he was not surprised that there might be “an open break” within the labor movement.
“The construction trades have been hard hit by the economy,” Professor Freeman said, “and are hard pressed to provide leadership for a labor movement that is increasingly dominated by public-sector unions.”
Though there has long been friction between private- and public-sector unions, the construction trades have had reason to feel aggrieved with other unions as well. Last year, the Retail, Wholesale and Department Store Union successfully defeated the $310 million Kingsbridge Armory project in the Bronx, which would have meant hundreds of jobs for construction workers, when the developer failed to agree to certain wage demands for employees who would work at the resulting retail mall.
But unions representing public workers have come under increasing pressure around the country. The Republican governor-elect in Wisconsin, for instance, has suggested that public employees should perhaps be stripped of collective-bargaining rights.
Still, Mr. Freeman said he would be “amazed” to see any unions join the business coalition if Mr. Cuomo turned his fiscal campaign into an open attack on unions.
Officially, Mr. Cuomo has no connection to the committee, but his ties are evident, and he has been fully apprised of the group’s progress, executives said.
The committee’s work will be run by Bill Cunningham, a managing director of DKC, a public relations firm started by Dan Klores, a close friend of Mr. Cuomo’s. John Marino, a former state Democratic Party chairman who is close to Mr. Cuomo, also works at DKC and has been active in the effort, committee members said.
The addition of Mr. LaBarbera — whom Mr. Cuomo named to his transition committee on transportation and infrastructure — may provide the Committee to Save New York with some insulation from criticism that the elite is looking to solve the fiscal problems of the state on the backs of working people.
Kathryn S. Wylde, the president of the business association Partnership for New York City, has been a key player in the formation of the committee. She said it was not trying to turn government workers into “villains.”
“This is just a situation where we have not been realistic over the past decade about what New York could afford to spend and still remain a competitive and attractive place to live and do business,” Ms. Wylde said.
Mr. Cuomo has made it clear that he plans to hold the line on property taxes, restructure Medicaid spending and take on the unions in a bid to resolve the state’s $9 billion budget deficit.
And he has publicly asked business leaders to back him up.
One influential leader, Steven Spinola, president of the Real Estate Board of New York, said, “I believe the business community needs to stand up and support a fiscally responsible budget.”
The committee, which includes the Real Estate Board and the Business Council of New York, has been asking executives and companies to pledge money, to finance a campaign of advertising and advocacy to counter the kind of advertising campaign that unions have used effectively to blunt previous cost-cutting attempts by governors.
One union, the Public Employees Federation, is already distributing stickers opposing layoffs and urging, “Keep Vital Services.” These are aimed at Gov. David A. Paterson, who has been threatening cuts in his final weeks in office.
Regardless of the involvement of the construction unions, Ed Ott, the former executive director of the New York City Central Labor Council, said the group’s demand for government employees to sacrifice was “too much of a one-way street.”
“It’s all about what should working people give up,” said Mr. Ott, now a lecturer on labor matters for CUNY.
“Let’s put the stock transfer tax on the table,” he added, referring to proposals to revive a state tax on stock sales, which Wall Street vehemently opposes.
Rob Speyer, co-chief executive of Tishman Speyer Properties, is expected to be named a co-chairman of the new committee, along with Richard D. Parsons, the chairman of Citigroup, and H. Carl McCall, a banking veteran and a former state comptroller.
The committee is soliciting pledges of financing. Tishman Speyer has said it will donate $1 million.
In recent years, efforts to curb state spending have been blunted by advertising campaigns by unions, notably 1199/S.E.I.U., the health care union.
Mr. Cuomo is intent on overhauling the Medicaid program, where state spending has tripled over the past 10 years while enrollment has more than doubled. Instead of slugging it out with 1199, however, Mr. Cuomo has quietly entered talks with George Gresham, president of the union. Mr. Gresham had early and loudly endorsed Mr. Cuomo’s bid for governor, when many other unions sat out the race.
And the business leaders, organizing as the Committee to Save New York, have found a surprising ally: one of the most powerful union officials in the state.
The official, Gary LaBarbera, is the president of the Building and Construction Trades Council of Greater New York, a 100,000-member federation of electricians, iron workers and operating engineers who work on large building sites around the region.
Their trades have suffered 20 percent unemployment in the economic downturn, and the union argues that healthier state finances and lower taxes will spur development and construction work.
And while, on average, the construction workers earn more than their union brethren in the public sector, they have the rankling perception that government unions have not shared in their recent suffering.
“We’re advocating for a fiscally sane economy in New York,” Mr. LaBarbera said Thursday. “This is not about bashing public-sector unions. But without a fiscally sound environment, we will not be able to attract new businesses to the city; we’ll continue to lose business.”
He conceded that “at times there will be competing interests between public- and private-sector unions.” But he added that he had become involved in the committee, in part, to serve as a counterweight to those who would “vilify working people.”
His participation was heatedly discussed during a recent meeting in Puerto Rico of the Public Employees Conference, a coalition of government employee unions in the state. And labor leaders say the top union official in the state, Denis M. Hughes, the president of the New York State A.F.L.-C.I.O., is concerned about what could turn out to be a debilitating schism in the most unionized state in the country.
Joshua B. Freeman, a labor historian at the City University of New York and the author of “Working-Class New York,” said he was not surprised that there might be “an open break” within the labor movement.
“The construction trades have been hard hit by the economy,” Professor Freeman said, “and are hard pressed to provide leadership for a labor movement that is increasingly dominated by public-sector unions.”
Though there has long been friction between private- and public-sector unions, the construction trades have had reason to feel aggrieved with other unions as well. Last year, the Retail, Wholesale and Department Store Union successfully defeated the $310 million Kingsbridge Armory project in the Bronx, which would have meant hundreds of jobs for construction workers, when the developer failed to agree to certain wage demands for employees who would work at the resulting retail mall.
But unions representing public workers have come under increasing pressure around the country. The Republican governor-elect in Wisconsin, for instance, has suggested that public employees should perhaps be stripped of collective-bargaining rights.
Still, Mr. Freeman said he would be “amazed” to see any unions join the business coalition if Mr. Cuomo turned his fiscal campaign into an open attack on unions.
Officially, Mr. Cuomo has no connection to the committee, but his ties are evident, and he has been fully apprised of the group’s progress, executives said.
The committee’s work will be run by Bill Cunningham, a managing director of DKC, a public relations firm started by Dan Klores, a close friend of Mr. Cuomo’s. John Marino, a former state Democratic Party chairman who is close to Mr. Cuomo, also works at DKC and has been active in the effort, committee members said.
The addition of Mr. LaBarbera — whom Mr. Cuomo named to his transition committee on transportation and infrastructure — may provide the Committee to Save New York with some insulation from criticism that the elite is looking to solve the fiscal problems of the state on the backs of working people.
Kathryn S. Wylde, the president of the business association Partnership for New York City, has been a key player in the formation of the committee. She said it was not trying to turn government workers into “villains.”
“This is just a situation where we have not been realistic over the past decade about what New York could afford to spend and still remain a competitive and attractive place to live and do business,” Ms. Wylde said.
Mr. Cuomo has made it clear that he plans to hold the line on property taxes, restructure Medicaid spending and take on the unions in a bid to resolve the state’s $9 billion budget deficit.
And he has publicly asked business leaders to back him up.
One influential leader, Steven Spinola, president of the Real Estate Board of New York, said, “I believe the business community needs to stand up and support a fiscally responsible budget.”
The committee, which includes the Real Estate Board and the Business Council of New York, has been asking executives and companies to pledge money, to finance a campaign of advertising and advocacy to counter the kind of advertising campaign that unions have used effectively to blunt previous cost-cutting attempts by governors.
One union, the Public Employees Federation, is already distributing stickers opposing layoffs and urging, “Keep Vital Services.” These are aimed at Gov. David A. Paterson, who has been threatening cuts in his final weeks in office.
Regardless of the involvement of the construction unions, Ed Ott, the former executive director of the New York City Central Labor Council, said the group’s demand for government employees to sacrifice was “too much of a one-way street.”
“It’s all about what should working people give up,” said Mr. Ott, now a lecturer on labor matters for CUNY.
“Let’s put the stock transfer tax on the table,” he added, referring to proposals to revive a state tax on stock sales, which Wall Street vehemently opposes.
Rob Speyer, co-chief executive of Tishman Speyer Properties, is expected to be named a co-chairman of the new committee, along with Richard D. Parsons, the chairman of Citigroup, and H. Carl McCall, a banking veteran and a former state comptroller.
The committee is soliciting pledges of financing. Tishman Speyer has said it will donate $1 million.
In recent years, efforts to curb state spending have been blunted by advertising campaigns by unions, notably 1199/S.E.I.U., the health care union.
Mr. Cuomo is intent on overhauling the Medicaid program, where state spending has tripled over the past 10 years while enrollment has more than doubled. Instead of slugging it out with 1199, however, Mr. Cuomo has quietly entered talks with George Gresham, president of the union. Mr. Gresham had early and loudly endorsed Mr. Cuomo’s bid for governor, when many other unions sat out the race.
Wednesday, November 24, 2010
Cell Phone Stip To Expire
Brothers And Sisters; This December marks the end of the signed stipulation and agreement that the Union has with the Transit Authority concerning Cell Phones! Richard Davis and Myself recently visited Zerega to find that the TA keeps graphs on their repeat offenders of cell phone violations. Be mindful, and be careful!
History of Cell Phone violations first started with a policy of an automatic 5 day suspension if caught, but the Union of the ATU fought and won a case with Arbitration! The TWU followed suit and got a stipulation and agreement that allowed first time offenders to receive a reprimand instead of a 5day suspension. This Stip will be expiring.
Due to the high rate of Cell phone violations and repeat offenders the penalty for getting caught just touching the device can be severe
History of Cell Phone violations first started with a policy of an automatic 5 day suspension if caught, but the Union of the ATU fought and won a case with Arbitration! The TWU followed suit and got a stipulation and agreement that allowed first time offenders to receive a reprimand instead of a 5day suspension. This Stip will be expiring.
Due to the high rate of Cell phone violations and repeat offenders the penalty for getting caught just touching the device can be severe
Sunday, November 21, 2010
MaBstoa Arbitration Concerning Lay-offs/Re-hires
On Wednesday November 17th 2010 Arbitrator Adleman heard arguments regarding the re-hiring of MaBstoa Bus Operators as opposed to the TA hiring new operators off the Civil Service list. The Union was limited in asking for certain relief, because while the Courts ruled that the grievance could go forward, the Civil Service Law couldn't be violated!The Union argued that all we are asking for is to restore MaBstoa operators to work as per the 2009 ratio that requires the Transit Authority to hire in a 60/40 ratio based on the 3 year average prior to 2002. What that means in layman terms is for every 60 TA Bus Operators hired, the Authority must hire 40 MaBstoa Bus Operators! The Unions position is that all MaBstoa operators should be returned to work before any new operators are hired in order to comply with the contract. The Transit Authority took an adjournment to go back to court! The TA seemed to be alarmed that the union had copies of the hiring ratios that are supposed to be used! Stay Tuned!
Thursday, November 11, 2010
Court Reverses Stay Against MaBstoa Grievances/Layoffs/Return Ratio
Brothers and Sisters; Through out the summer we have seen difficult times regarding the lay-offs, and the fairness of the whole process. The Union filed contract grievances to force the TA to abide by bus consolidation where they responded by blocking our resolution through the courts. Recently, all stayed court orders... against MaBstoa's grievances were reversed, and will be heard on November 17th 2010. The following Grievances will be heard by the contract Arbitrator (Layoff Consolidated order, and Return OA operators to work based on Civil Services/non Civil Service Ratio.) Stay Tuned
Saturday, October 30, 2010
News From The E-Board (TWU Local 100)
Solidarity Fund -- As of 10/18, there are 854 members still laid off. 300 have applied for coverage of health insurance through the Solidarity Fund. More are applying every day. A full report will be given at the 11/6 membership meeting. Local 100 retirees have donated about $60,000 to the fund. Change in insurance provider – Rec-Sec Benita Johnson is heading up the Local’s task force to ensure that members are not harmed by the MTA’s decision to change to Empire Blue Cross/Blue Shield and United Healthcare. Questions about the changes should be directed to her office at the union hall (212-873-6000). The TA is hiring Bus Operators for Brooklyn off the street while operators in MaBSTOA are still laid off. The union filed a grievance challenging this under the language of the bus consolidation agreement. The TA went to court and got an injunction against the grievance, but at a hearing on Wed. the judge ruled that the grievance can go forward.A judiciary panel was appointed, as required by the by-laws. This panel will provide the members for trial committees to hear charges. The chair of the panel is VP Tony Utano. The vice-chair is OA Div 1 Chair Richard Davis. The other members (one from each division) are Christine Williams (Stations), John Spicer (Private Lines), Tom Lenane (MaBSTOA), Richie Holley (MoW), Neil Phillips (CED), Dennis Boyd (RTO), LaTonya Crisp-Saury (TA Surface).New Building – the Local has signed a contract to purchase the property at 350 Schermerhorn in downtown B’klyn. The property holds two buildings and a parking lot. It requires a lot of renovation (including asbestos removal) so it will be more than a year after the closing before we will be able to move in. In the meantime, the Local will sublet the office space at 1700 Broadway that the national union had occupied before its move to Washington, DC. The Local will be moving in Dec.Financial reports for June, July, and August were presented by our accountant and accepted by the Board.Governor’s Race – by a vote of 35 in favor, 3 opposed and 0 abstentions, the Board voted not to make any endorsement for governor. In the discussion, no one expressed support for either Cuomo or Paladino because of their statements blaming public sector workers and unions for the state’s financial crisis and their clear intentions to go after our benefits and pensions. Several members urged the Board to endorse a minor party candidate (both Howie Hawkins of the Green Party and Charles Barron of the Freedom Party had support on the Board) to help alternative parties achieve ballot status for the next four years. (The three members who voted “no” wanted the Board to make an endorsement, but of a minor party candidate). Local 100 joins DC 37, the UFT and NYSUT (the statewide teachers’ union) in making no endorsement for governor.
Tuesday, October 19, 2010
U.S. Sues Blue Cross Over Pricing By Robert Pear October 19, 2010 New York Times
The Justice Department sued Blue Cross Blue Shield of Michgan on Monday, asserting that the company, the state's dominate health insurer, had violated antitrust lawsand secured a huge competitive advantage by forcing hospitals to charge higher prices to Blue Cross's rivals.
The civil case appears to have broad implications because many local insurance markets, like those in Michigan, are highly concentrated, and Blue Cross and Blue Shield plans often have the largest shares of those markets.
In the Michigan case, the Obama administration said that Blue Cross Blue Shield had contracts with many hospitals that stifled competition, resulting in higher health insurance premiums for consumers and employers.
The state of Michigan was also plaintiff in the lawsuit filed in the Federal District Court in Detroit.
Blue Cross and Blue Shield, like most insurers, contracts with hospitals, doctors, labs and other providers for services. The lawsuit took direct aim at clauses stipulating that no insurance companies could obtain better rates from the providers than Blue Cross. Some of these contract provisions, known as "most favored nation" clauses, require hospitals to charge other insurers a specified percentage more than they charge Blue Cross - in some cases, 30 to 40 percent more, the lawsuit said.
Christine A. Varney, the assistant attorney general in charge of the antitrust division of the Justice Department, said these requirements were "pernicious."
"Our lawsuit alleges that the intent and effect of Blue Cross Blue Shield of Michigan's contracts is to raise hospital costs for competing health plans and reduce competition for the sale of health insurance," Ms. Varney said. "As a result, consumers in Michigan are paying more for their health care services and health insurances."
The Contract terms, she said, discouraged discounts and prevented other insurers from entering the market.
The lawsuit also asserts that blue Cross, in effect, bought protection from competition- by agreeing to pay higher prices to certain hospitals to induce them to agree to the "most favored nation" clauses.
Blue Cross Blue Shield of Michigan said the lawsuit had no merit. It said the contract clauses attacked by the Justice Department were a tool to secure the lowest possible hospital costs, and the deepest possible discounts, for more than four million people it served.
"It does not make good business sense for Blue Cross Blue Shield of Michigan to reimburse a provider at a higher rate than we can otherwise negotiate," said R. Andrew Hetzel, a spokesman for the company. "These kinds of low-cost guarentees are widely used in a variety of contracts in a number of industries."
The civil case appears to have broad implications because many local insurance markets, like those in Michigan, are highly concentrated, and Blue Cross and Blue Shield plans often have the largest shares of those markets.
In the Michigan case, the Obama administration said that Blue Cross Blue Shield had contracts with many hospitals that stifled competition, resulting in higher health insurance premiums for consumers and employers.
The state of Michigan was also plaintiff in the lawsuit filed in the Federal District Court in Detroit.
Blue Cross and Blue Shield, like most insurers, contracts with hospitals, doctors, labs and other providers for services. The lawsuit took direct aim at clauses stipulating that no insurance companies could obtain better rates from the providers than Blue Cross. Some of these contract provisions, known as "most favored nation" clauses, require hospitals to charge other insurers a specified percentage more than they charge Blue Cross - in some cases, 30 to 40 percent more, the lawsuit said.
Christine A. Varney, the assistant attorney general in charge of the antitrust division of the Justice Department, said these requirements were "pernicious."
"Our lawsuit alleges that the intent and effect of Blue Cross Blue Shield of Michigan's contracts is to raise hospital costs for competing health plans and reduce competition for the sale of health insurance," Ms. Varney said. "As a result, consumers in Michigan are paying more for their health care services and health insurances."
The Contract terms, she said, discouraged discounts and prevented other insurers from entering the market.
The lawsuit also asserts that blue Cross, in effect, bought protection from competition- by agreeing to pay higher prices to certain hospitals to induce them to agree to the "most favored nation" clauses.
Blue Cross Blue Shield of Michigan said the lawsuit had no merit. It said the contract clauses attacked by the Justice Department were a tool to secure the lowest possible hospital costs, and the deepest possible discounts, for more than four million people it served.
"It does not make good business sense for Blue Cross Blue Shield of Michigan to reimburse a provider at a higher rate than we can otherwise negotiate," said R. Andrew Hetzel, a spokesman for the company. "These kinds of low-cost guarentees are widely used in a variety of contracts in a number of industries."
Saturday, October 9, 2010
Izzy Rivera Secretary Treasurer Of Local 100 Removed By E-Board For Embezzlement Of Union Funds
An emergency meeting of the Local 100 Executive Board was held this evening to consider charges brought by President John Samuelsen against Secretary-Treasurer Israel Rivera, Jr. Since Samuelsen brought the charges against Rivera, and Rive...ra has filed charges against Samuelsen, Samuelsen stepped down as chair and appointed Steve Downs to chair the meeting.The charges are:1. "Misappropriation of the monies of the organization" by engaging "in a scheme causing the Union to enter into expensive leases with Xerox Corporation - without comparison shopping - for the purpose of funneling commissions to Lizette Baumgarten, a woman with whom he has a personal relationship".2. Engaging in Unauthorized Financial Transactions "causing the Union to pay $53,339 to purchase for his use an automobile with a market value of only $38,333."3. Refusing to process the Union's Payroll "thus jeopardizing the ability of the union to function."4. Refusal to Make Financial Report to Executive Board on Sept. 1, 2010.Because of the seriousness of the first two charges, the Board (invoking Article XXI of the TWU Constitution) voted to suspend Rivera immediately from his duties as Secretary-Treasurer, pending the outcome of a hearing by the Executive Board to be held within 15 days.The vote to suspend pending the hearing was 40 yes, 1 no, and 1 abstention. Rivera cast the no vote.The Board also voted that Rivera's suspension will be with pay. Samuelsen stated that he did not want to copy the MTA's practice of suspending people without pay while they wait for their hearings. The vote was 36 yes, 6 no, 1 abstention. Although will not be carrying out his duties as Secretary-Treasurer, he will be expected to report to the Union hall daily and will be given other assignments.Finally, the Board approved a motion made by VP Nelson Rivera to refer the information concerning charges 1 and 2 to the appropriate law enforcement agencies. The vote was 41 in favor, 1 opposed, and 0 abstentions. (I. Rivera supported this motion.)I want to emphasize that there has not yet been a hearing on the charges. I. Rivera has not had a chance to respond to the charges and the Board has not made decision about whether he is guilty or innocent of the violations he is charged with. Today's vote to suspend was based solely on the Board's assessment of the seriousness of the charges. A hearing must now be held within 15 days.The charges I. Rivera has brought against Samuelsen will be presented to the Board at a future Board meeting.
Tuesday, September 28, 2010
What Should I Do If I Receive A Chronic Absenteeism Notice?
Before a member is charged with chronic absenteeism, the Authority must afford a member the opportunity to present verifiable evidence of a chronic medical condition. This condition can be FMLA qualifying! An example of this would be a series of headaches that later was found to be high blood pressure! When resubmitting documentation have your doctor put any diagnosis on his/her letterhead, along with any testing that was done. Include dates and as mentioned if it’s FMLA qualifying. These letters that are mailed out should not be ignored. Though the Authority gives you 21 days to come up with the documentation and the union is aware that it can take longer, it is best to take longer and bring quality documentation.
Many members who receive the 21 day letter misinterpret it as resubmitting the same sick forms. Chronic absenteeism is the backdoor to discipline sickness! Be mindful!
Many members who receive the 21 day letter misinterpret it as resubmitting the same sick forms. Chronic absenteeism is the backdoor to discipline sickness! Be mindful!
Curing Sick Leave Documentation
Curing Sick Leave Documentation
New York City Transit’s labor cost control unit is charged with making sure that documented sick-forms turned in have the following information provided by Dr’s
1) prognosis and Diagnosis
2) Expected date return to work.
As per the 2002 MOU we have 30 days to cure sick form violations.
In most cases the Authority is looking for the Dr. to spell out the sickness and how he/she is treating it. If you receive a letter asking you to resubmit doctors lines, go back to the doctor and have the doctor fill out a new form spelling it out! Remember you have 30 days to cure the violation, if you have any questions contact your depot chair.
New York City Transit’s labor cost control unit is charged with making sure that documented sick-forms turned in have the following information provided by Dr’s
1) prognosis and Diagnosis
2) Expected date return to work.
As per the 2002 MOU we have 30 days to cure sick form violations.
In most cases the Authority is looking for the Dr. to spell out the sickness and how he/she is treating it. If you receive a letter asking you to resubmit doctors lines, go back to the doctor and have the doctor fill out a new form spelling it out! Remember you have 30 days to cure the violation, if you have any questions contact your depot chair.
Bus Consolidation A Big Mess
On Thursday July 8th 2010 Union officials from the OA sat down with the President and the attorneys to discuss ways of addressing the bus consolidation issues and the way the layoff were conducted by the TA! We concluded that bus consolidation did nothing but give the members the right to transfer from the OA to the TA... and vice versa while giving the TA the right to eliminate the blockage of equipment and personnel. Under the agreement bus operators were hired in a civil service/non civil service ratio! Now that layoffs occurred and the OA was affected more, we believe that bus consolidation should be challenged! These explorations are ongoing. To date bus consolidation has had a negative affect on employees who work in the department of buses and the maintenance departments. The goal of bus consolidation is to regionalize the system so as to reduce the costs associated with overtime, and work rules. The 2002 agreement on bus consolidation has done nothing but hurt the DOB unions (Mabstoa TA Surface.)
Checking The Routes
Checking The Routes 06-03-10
On this morning reps from the Manhattan Division went out to monitor the lines at 79th St. and Columbus Ave. What we found, was buses on the M11 and M7 averaging 20 minutes late, and overcrowded. The M79 on the other hand was on time or close to schedule. The MTA makes sure that certain lines aren't affected while the neighborhoods that need the service the most are cut daily. Go figure! Most of the overcrowding that has been occurring in the Department of Buses has been related to Managements desires to plug budget woes by keeping chosen runs in the depot, in which the Union feels is a major violation of the publics trust!
On this morning reps from the Manhattan Division went out to monitor the lines at 79th St. and Columbus Ave. What we found, was buses on the M11 and M7 averaging 20 minutes late, and overcrowded. The M79 on the other hand was on time or close to schedule. The MTA makes sure that certain lines aren't affected while the neighborhoods that need the service the most are cut daily. Go figure! Most of the overcrowding that has been occurring in the Department of Buses has been related to Managements desires to plug budget woes by keeping chosen runs in the depot, in which the Union feels is a major violation of the publics trust!
MTA Service Cuts Hurt New Yorkers but Do Little to Help MTA Finances
Drum Major Institute blogBy John PetroJul 1 2010
http://www.dmiblog.com/archives/2010/07/mta_service_cuts_hurt_new_york.html
This week New York City straphangers felt the impact of the MTA service cuts— longer commutes, crowded trains and platforms, dirtier buses and trains, and a generally worse commuting experience. Not only are these cuts negatively impacting the quality of life for millions of riders, but they also undermine economic development and job creation.
New Yorkers might be able to cope with this new commuting nightmare if the sacrifice led to the transit system’s financial stability. But even after $93 million in savings because of the service cuts, the MTA is looking at an operating budget hole of over $400 million in 2011. And the gap seems to widen monthly. And the gap seems to widen monthly. Two weeks ago the Wall Street Journal reported that tax revenue for transit was coming in $135 million less than expected.
The long-term budget picture looks even worse. The MTA’s five-year capital budget, which is used to replace old trains and buses, repair tracks and stations, and build system expansions, is under-funded by $10 billion. Without the necessary funding, the transit system will fall into disrepair and riders will fall into dismay.
So, the service cuts stink, and they don’t even begin to get us out of this mess. And unless state lawmakers make a serious effort to address the root cause of the MTA’s budget, namely chronic disinvestment, the situation will only get worse. Lawmakers in Albany have not contributed any money directly to fund the MTA’s capital program in nearly 20 years, forcing the transit authority to rely on borrowing instead. This borrowing puts pressure on the fare box, as the money to pay back past borrowing is taken out of the MTA’s operating budget. In 2010 the MTA will pay nearly $2 billion in debt service. That’s a little less than half of the $4.3 billion the MTA collected in fares in 2009.
For whatever reason, lawmakers in Albany have consistently shortchanged the region’s mass transit system, which is arguably one of the state’s greatest assets and is unarguably the backbone of the nation’s biggest metropolitan economy. When Albany killed congestion pricing in 2008, they also killed a reliable revenue source for mass transit that would have allowed the MTA to begin paying down its $25.5 billion debt. More recently Albany flat out stole $143 million in tax revenue that was “dedicated” to transit. The result: instead of planning new transit lines that would create jobs, drive growth, and create new economic opportunities for New Yorkers, we are fighting to preserve the system we have.
Drum Major Institute blogBy John PetroJul 1 2010
http://www.dmiblog.com/archives/2010/07/mta_service_cuts_hurt_new_york.html
This week New York City straphangers felt the impact of the MTA service cuts— longer commutes, crowded trains and platforms, dirtier buses and trains, and a generally worse commuting experience. Not only are these cuts negatively impacting the quality of life for millions of riders, but they also undermine economic development and job creation.
New Yorkers might be able to cope with this new commuting nightmare if the sacrifice led to the transit system’s financial stability. But even after $93 million in savings because of the service cuts, the MTA is looking at an operating budget hole of over $400 million in 2011. And the gap seems to widen monthly. And the gap seems to widen monthly. Two weeks ago the Wall Street Journal reported that tax revenue for transit was coming in $135 million less than expected.
The long-term budget picture looks even worse. The MTA’s five-year capital budget, which is used to replace old trains and buses, repair tracks and stations, and build system expansions, is under-funded by $10 billion. Without the necessary funding, the transit system will fall into disrepair and riders will fall into dismay.
So, the service cuts stink, and they don’t even begin to get us out of this mess. And unless state lawmakers make a serious effort to address the root cause of the MTA’s budget, namely chronic disinvestment, the situation will only get worse. Lawmakers in Albany have not contributed any money directly to fund the MTA’s capital program in nearly 20 years, forcing the transit authority to rely on borrowing instead. This borrowing puts pressure on the fare box, as the money to pay back past borrowing is taken out of the MTA’s operating budget. In 2010 the MTA will pay nearly $2 billion in debt service. That’s a little less than half of the $4.3 billion the MTA collected in fares in 2009.
For whatever reason, lawmakers in Albany have consistently shortchanged the region’s mass transit system, which is arguably one of the state’s greatest assets and is unarguably the backbone of the nation’s biggest metropolitan economy. When Albany killed congestion pricing in 2008, they also killed a reliable revenue source for mass transit that would have allowed the MTA to begin paying down its $25.5 billion debt. More recently Albany flat out stole $143 million in tax revenue that was “dedicated” to transit. The result: instead of planning new transit lines that would create jobs, drive growth, and create new economic opportunities for New Yorkers, we are fighting to preserve the system we have.
FYI Uniforms
Transit Managers are giving notice that they will enforce the New York City Transit uniform policy. As a reminder, all Bus Operators should be wearing authorized uniforms! Management is looking to violate all SLD’s who don't enforce the policy. Transit is looking for casualties, don't become one of them!
Bus Service Nixed In Queens! Mayors Solution (Commuter Vans)
Bus Service Nixed In Queens! Mayors Solution (Commuter Vans)
On June 22nd 2010 the TWU went to Queens to support the ATU at a press conference regarding the implementation of van service! In Queens the MTA has eliminated several routes including the Q74. The Mayor has authorized van service to take the place of the eliminated routes. While we was there the Mayor was questioned on the issue and he said he felt it was good for the public! We countered with the media present that if the service is needed why get rid of the route? What we are seeing is how the rich manipulate the system to cut labor costs.TWU President John Samuelsen and the OA and TA reps responded to this atrocity by going to Albany on the issue. Our immediate goal was to block any legislation that would allow private vans to operate on any bus route, because to allow such action would be detrimental to our ability to call back operators who were laid off! We were able to speak to several policy makers including the Governor on the importance of this matter! In attendance was Richard Davis, Frank Austin Donald Yates J.P. Vernon Thorpe Curtis Tate Shanon Pollard and John Samuelsen! Stay Tuned
On June 22nd 2010 the TWU went to Queens to support the ATU at a press conference regarding the implementation of van service! In Queens the MTA has eliminated several routes including the Q74. The Mayor has authorized van service to take the place of the eliminated routes. While we was there the Mayor was questioned on the issue and he said he felt it was good for the public! We countered with the media present that if the service is needed why get rid of the route? What we are seeing is how the rich manipulate the system to cut labor costs.TWU President John Samuelsen and the OA and TA reps responded to this atrocity by going to Albany on the issue. Our immediate goal was to block any legislation that would allow private vans to operate on any bus route, because to allow such action would be detrimental to our ability to call back operators who were laid off! We were able to speak to several policy makers including the Governor on the importance of this matter! In attendance was Richard Davis, Frank Austin Donald Yates J.P. Vernon Thorpe Curtis Tate Shanon Pollard and John Samuelsen! Stay Tuned
Layoffs Hit The Department Of Buses
On 06-28-10 Many Bus operators and Maintenance workers came to return their badge and passes at PS 248 in Brooklyn. The scene was disheartening. A combined 369 employees (OA,TA) had to turn in their badge and passes due to the layoffs that the Transit Authority claimed was necessary. The Unions fight is not over, they're legal battles that are still in the hopper, so stay tuned for that! Bus Operators are expected to be recalled as openings occur, also MTA bus has 57 openings that can be applied for (JFK & Far Rockaway Depots) (Grey Hound) and (MTA Bridge and Tunnel Authority). Laid off employees will have benefits extended to July 31st 2010. Bus Operators who opt to take positions will be allowed to come back when called! All Vacation and AVA days will be paid out, sick time will be frozen! All laid off will receive Cobra which is done through a 3rd party called SHP'S you can purchase benefits at 102% or find health care cheaper. Shp's takes 40 days to process, so all laid off workers are encouraged to get right on it!
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