Friday, December 30, 2011

What Are Your Thoughts?

As we approach the new year, I want all of you to do me a solid favor and reflect on all of the good things we as individuals have either accomplished or benefitted from as a result of a movement (Civil Rights, Woman's Rights, Immigration Rights, Housing, Taxation, Healthcare etc...) 
Now reflect on our gains and losses as a Union, Then look across this country and look at the individual attacks against other movements Arizona especially.
How does infighting hurt our movement? And Can we turn it around? Keep in mind that our struggles are not just the TWU's! What are your thoughts?

Saturday, December 17, 2011

Mandatory Subjects Of Bargaining

What Are Mandatory Subjects of Bargaining?
    Both the employer and the employee representative are required to bargain over "wages, hours, and other terms and conditions of employment." This has been defined over the years to include wages and fringe benefits, grievance procedures, arbitration, health and safety, nondiscrimination clauses, no-strike clauses, length of contract, management rights, discipline, seniority, and union security.
Wages, Hours, and Fringe Benefits
    These provisions are the most important to the average employee. The wages and hours clauses are subject to legal limitations, such as laws concerning minimum wage (state and federal) and consecutive hours (overtime, ICC regulations, and other pertinent laws).
    Possible fringe benefits are limited only by the imagination of the workers. Usual fringes are vacations, holidays, pensions, and health insurance. Others are sick pay, severance pay, reporting pay, day-care facilities, financial services, educational loans, and sabbaticals. All of these subjects are proper topics of the give and take of negotiations.

Health and Safety
    An increasing number of unions are negotiating health and safety provisions into their contracts. Typical provisions might establish the right of a union health and safety committee to make inspections and examine records, or the right of a worker to refuse unsafe work.

Non-discrimination clauses
    There is also a duty to bargain over elimination of discriminatory employment practices. A good non-discrimination clause can often provide the fastest remedy for a worker who is discriminated against by reason of age, race, sex, religion, disability, or national origin. This type of clause can be used as the basis for a grievance about any of these discrimination issues, including sexual harassment, discriminatory health benefits relating to pregnancy, or lower pay for traditionally "women's jobs."

Length of Contract
    An important item of every contract is how long it will be binding. This is strategically important for both sides and often must be determined in light of the rate of inflation, the financial health of the employer, and other similar considerations.

Management Rights
    Employers traditionally work to retain broad control over the operational activities of their business. Management rights usually include decisions such as corporate structure, production levels, and plant size. What is and what is not a "management right" is negotiable, and may be defined in the contract.

Discipline
    Contracts usually include a clause reserving the right of the employer to discipline workers by firing, suspension, notation on work records, and other forms of reprimand. Labor organizations traditionally try to limit this clause by requiring that "just cause" be shown for the discipline. Unions also work for procedural safeguards such as notice, hearings, and review in an attempt to protect the employee. These safeguards are often written in conjunction with the grievance procedure. The goal of the discipline clause is to insure that all facts are heard and that the punishment is not arbitrary or unfair.

Seniority
    The seniority clause is a method by which senior employees protect their jobs in work areas involving transfers, promotions, bumping, filling vacancies, and layoffs. Seniority rights can be established on a department or plant-wide basis and may be conditioned on the worker's ability to perform on the job. These clauses are often the most complicated in a contract and vary with the kind of work.

Dues Collection
    Union and management may negotiate a mutually agreeable means of union dues collection. The most convenient method is the "check-off" system by which the company automatically deducts the amount from the employee's paycheck. Such a practice is negotiable.

Union Security
    A labor organization often seeks to protect its strength by insisting on a union security clause. Long ago, the closed-shop agreement by which an employer could only hire members of a particular union was declared illegal. In Hawai'i, management and labor can negotiate a contract which requires that when a worker is hired into a job covered by the contract, he or she must join the union within a short period of time. This is called a union shop. It should be noted that this is an area where the National Labor Relations Act allows state control. A state may enact a so-called "right to work" law and declare union security clauses illegal. Hawai'i is one of 29 states that has no such law.
    A contract may also provide for a weaker form of union security. Under an agency shop, for example, no employee is required to join the union. However, any worker who does not join must pay a "service fee" or "fair share" to cover the expense the union incurs by representing all members of the bargaining unit, as it is legally required to do.
    These clauses vary greatly from contract to contract and industry to industry. Often they do not exist at all.

Grievance Procedure
    Because contracts cannot foresee every problem that will arise at work, most collective bargaining agreements include the establishment of a mutually agreeable procedure to settle differences in contract interpretation. Furthermore, the grievance procedure is usually the means a worker has of enforcing the contract.

Arbitration
    If the parties cannot agree on contract interpretation or proper enforcement, they may wish to call in an impartial outsider, or "arbitrator," to settle the question. This is only possible when an "arbitration clause" is negotiated into the contract. An arbitration clause provides an alternative to time-consuming lawsuits.
    This category of contract language will often define how the arbitrator will be selected, who will pay what share, and what the arbitrator's scope of authority will be. Often, both sides will agree that the arbitrator's decision is final or "binding." This means the courts cannot review the arbitrator's decision unless it is clearly contrary to law.

No-Strike Clause
    Most employers insist that the labor organization agree not to strike for the duration of a contract. Such an agreement is enforceable in court and enables the employer to plan production without fear of work stoppages. This makes "wildcat strikes" illegal and may even require that the union discipline the strikers.
    No-strike clauses have been interpreted to ban almost all strikes during the life of the contract, except strikes in response to abnormally dangerous working conditions (see the chapter on occupational safety and health). Strikes are still legal, of course, when the contract expires.

Monday, December 12, 2011

Rally 2 Broadway December 15 th 2011 Be There!

http://www.twulocal100.org/event/rally-fair-contract
MaBstoa/TA Surface 
Management wants 5 things from our Department
1) where holiday picks are required they will be picked during the 4 scheduled picks. Money item.
2) Eliminate all caps on Runs set forth in Section 5.1E ( This would help reduce the workforce)
3) MaBstoa pick practices will be standardized to the Transit Authority Pick Practice. However OA Bus Operators will continue to pick extra pieces at time of the pick where such extra pieces are available ( money item) This would eliminate OA Operators mandatory COA Pick Reliefs and Pick Cars)
4) Amend Preventable Accident Disciplinary Procedures of 2002 MOU Paragraph 6 (TA looking for 3 panel Arbitration System including a Safety Expert. When asked would it be DOT standards the answer was no.)
5) Eliminate Section 5.1(I) Traveling allowances when sent to foreign depot (Money Item)
DECEMBER 15th IS OUR RALLY IN FRONT OF 2 BROADWAY 4pm 
THIS IS IMPORTANT FOR EVERY BUS OPERATOR IF YOU CARE ABOUT WHAT YOU HAVE. BE THERE!



In Solidarity
Donald Yates
MaBstoa TWU-100

Friday, December 9, 2011

Politics, Same As Before

There will be many people who don't like my comments, but the truth being told, there is a deeper reason for our strike in 2005. (Politics) I was only the Chief Line Steward In Manhattanville Depot, I was proud to support and stand on the pickets. Everyone involved with the Union Politics Claimed that Roger Toussaint was in trouble so a strike was called in order to show the rest of the country that the TWU leadership was solid and strong! At the time I didn't really understand the politics, nor did I care. Everyone talks of the International not supporting the strike, but that too was politics. At the time International Prez Mike O'Brian sided with the the political enemies of Roger Toussanit!
One point that should be recognized is that whatever politics that were going on, the membership only wanted their Union together! And the same holds true now!
Roles have been reversed and the Politics against this leadership is being played out through certain officers, the same as in the past!
Everyone's comments and concerns have some legitimacy, but some are just playing that same old game! I asked a very long time ago why we the membership are not angry? And everything gets pointed back to the leadership! My question is which one? Accountability was promised and given from what I see by comparison, but we are still looking for a savior. Is it not ourselves? We have to realize that we give the strength! Now I'm seeing comments that we didn't take a strike vote! One of the punishments for a strike was the removal of our checkoff. If our Union members still owe money, and a lot of it why even talk about a strike that we know we can't afford to take? The One thing that I got from our mass membership meeting, was that we are still not together! 
I can and will promise one thing, I promise to fight along the side of my membership and elected officers to achieve a better future for our children and grandchildren. They don't deserve the POLITICAL back and forth that gets us no where!
Think one thing to yourselves, Can we all do better without a Union, and if not stop the bullshit and let's do this thing together!


In Solidarity
Donald Yates
MaBstoa TWU-100

Sunday, December 4, 2011

Mass Membership Meeting

Good afternoon MaBstoa, NYCT, MTA Bus
I was pleased to see old and new colleagues at our annual Mass Membership meeting. What was evidently powerful was our locals work in other states fighting against collective bargaining tyranny! (Ohio, Wisconsin)
If we the membership don't realize it, together we make a difference in all things. Our fight now is to get a fair contract for our members, but the real fight must be to re-educate our young members on how to fight!
To many of us inherited benefits and rights that were won through former struggles, but we forgot to memorialize those struggles for our youth to continue! Now benefits are expected without works! Young people if we don't involve ourselves, these so called benefits will have an expiration date.
My role to you now is to continue fighting, while teaching you how to fight!
The institution of Unionism must survive!
For all who attended the Mass Membership meeting thanks for coming. For those who couldn't make it, thanks for pushing others to go

In Solidarity
Donald Yates
MaBstoa TWU-100

Thursday, November 24, 2011

Seniority Preserved In The Department Of Buses

Happy Thanksgiving To All!

We will Start re-picking December 5th & 6th ( Incumbents) We will start re-picking from PEG# 1933 

Crossover Pick will be on December 8th 

Consolidated will be from December 9th to December 23rd

Sorry For all inconveniences! Seniority was preserved By Your Union





In Solidarity 
Donald Yates
MaBstoa TWU-100

Monday, November 21, 2011

System Pick Stopped In the Department Of Buses

Today the system pick was stopped because the pick Dispatcher at 100St Depot tried to reopen Memorial Day week which was closed on October 25th 2011 which would of been a violation of our pick practices and overall seniority between the TA and MaBstoa. Dwayne Ruffin Chairman of 100st Depot did his job when he caught the issue and brought it to Richard Davis Manhattan Division Chair who stopped the pick. The pick will have to be restarted from October 25th PEG# 1932
Brian Clarke Vice President of MaBstoa Ultimatly ordered the pick redone due to the seniority issue. All Division Chairs TAS/MaBstoa notified.
Stay tuned for more developments!

Saturday, November 12, 2011

Something To Think About

Brothers and Sisters
An opportunity has been created with the Wall-Street protests. As we get closer to our contract expiration the membership must participate. Many of us are only fond of words, and cannot translate them into deeds. This must change for the benefit of our children's future. 
In reading many of the posts that's out there, our brother and sisters are asleep lull-abided by the media (negative) 
Do we as a collective really understand what conditioning is? Remember the movie the matrix? Everything seemed to be real, but it wasn't! How real is the occupy wall street struggle to you?  Do you believe that we are the 99%? If the answer is yes, then we should be supportive of the social struggles! What are the social struggles? Racism, Classism, Education, Housing just to mention a few. Our personal social struggle within Transit is assaults and managerial persecution. How do we change the tide? Get involved, and if you're a representative accept the help that is offered!
November 15th 2011 is the day we will start negotiations. What ever your issues, be there to support the leadership. 7th Avenue between 52nd and 53rd Street
As a footnote, be mindful of the folks who try to turn things political for the sake of their own self interests, those actions are not building blocks for our fight ahead!



In Solidarity 
Donald Yates
MaBstoa TWU-100
  

Monday, October 31, 2011

NOVEMBER 3, Court Sentencing For Lady Who Assaulted Bus Operator In The Bronx

Attention all TWU Local 100 Members, This is a reminder that the court case for the Woman who assaulted one of our own will be this Thursday November 3, 2011 @ the Bronx Criminal Court 9:00am It is very important that we show up in numbers
In Solidarity
Donald Yates

Wednesday, October 26, 2011

Election Rule Change Proposal Will Effect Unions

The Campaign Finance Board Is Proposing Rules That Will Significantly Make It Harder To Do Legislative Advocacy And Communicate To Our Members

Two years ago the charter revision commission introduced a ballot measure to the City Charter: and the rules outlining it were created this spring by the campaign finance board (CFB). The following describes how organizations such as TWU Local 100 will be affected:

What the CFB tried to do:
- Make sure they capture any bad "actors" as they wanted to expose the shams in organizations that support campaigns and verify people who "sneakily" support candidates.

What does this cause?
- A list of overly burdensome issues for organizations that reach out to members by way of flyer, phone and email. Not only are unions affected but many community and non-profit organizations as well.

What do the restrictions say?
- Any Communication such as a flyer, phone call or email attachment, either supporting or opposing candidates within 90 days of an election would have to be filed with the CFB under the new rules.

How does this affect TWU Local 100?
- The campaign finance board sees our members as members of a general public and wants to everything that we send them that contains an elected name or party affiliation. If we urge our members to call City Council, for example, to oppose an issue, we would have to report whether we support or oppose the elected officials we are asking our members to call. Basically by reaching out to our members, they are saying we are trying to influence the general public.
- Currently a form 7A is filled out to file expenditures; it is a simple one page document. But, the new forms proposed by the CFB will need to be sent in 11 times a year and we will only have 24 hours to report outreach to our members.
- All receipts surrounding a campaign or even just mentioning a candidate or elected official will have to be reported.
- We will have to submit the wages of our members who simply come to pick up flyers and conduct basic outreach from our union hall; unless each person "authorized" to flyer our members holds the title of supervisor.
- Members who pay dues in the amount $1,000.00 or more in one year- whether they are reconciling dues or their normal dues payment amounts to this- will have to be reported.

What is not affected?
- Newsletters to members are exempt.
- Arthur Ochs Sulzberger Jr's: The New York Times.
- Media Companies are exempt such as Rupert Murdoch's News Corp.

What is Proposed? How Can we stop this?
- There will be a hearing conducted for this issue on October 27, 2011 At 11Am and members from organizations labor and non-for profit are urged to testify. Members in working clothes (not union clothes) should be prepped with some talking points about the issue.
- Petition cards will be provided please call (212) 873-6000 x2137 for more information.

Monday, October 24, 2011

Daily News Article On Assaults

Passenger attacks on bus drivers soaring, new MTA statistics show

BY Pete Donohue
DAILY NEWS STAFF WRITER

Monday, October 24th 2011, 4:00 AM


Ron Antonelli/News
Bus drivers are facing more attacks from abusive passengers this year.
 
Passenger assaults on bus drivers are up 20% this year - with seven attacks on average every month, according to MTA statistics.

There were 69 physical assaults in the first nine months of this year - compared with 57 during the same stretch last year, the statistics reveal.

"It's dangerous," said Bx9 driver Maria Hogan, who was slugged by an irate Bronx passenger on Sept. 10. "People think they can just get away with abusing you verbally or physically."

The Metropolitan Transportation Authority didn't offer any theories for the rise in attacks on drivers. But union chiefs partly blame management.

Some supervisors instruct drivers to challenge riders who don't pay, resulting in dangerous confrontations with volatile fare-beaters, said Willie Rivera, a Local 100 bus division chairman.

"They're putting our members in harm's way," Rivera said. "If you want to challenge people who don't pay, we've always said they should go get the cops ... or hire enforcement agents."

Local 100 organizer J.P. Patafio theorized that drivers face a more hostile public on account of high unemployment, service cuts and fare hikes.

MTA spokesman Charles Seaton said drivers are trained to "gently remind" riders of the fare but not challenge them.

"Someone may be thinking of something else and forget to pay," Seaton said. "You certainly have to say something, making it as light as possible."

Union officials say the case of Jamel Wright, a driver on the M35 route, highlights drivers' predicament.

Wright was written up in August for allegedly being too lax on fare-beaters. Management staffers doing sidewalk surveillance in August accused Wright of waving three passengers onboard at a Randalls Island bus stop and remaining silent while four others entered without paying.

Wright initially faced a suspension, but the penalty was reduced to refresher training.

On Oct. 11, Wright reminded a man to pay the fare. The man punched Wright repeatedly in the face, union and management officials said.

The M35 is particularly troublesome, union officials said. The Randalls Island stop is outside a homeless shelter, and riders who are broke, volatile or both are not uncommon, they said.

The most extreme case of violence against bus drivers in recent years was the December 2008 murder of Edwin Thomas on Brooklyn's B46 bus route. An ex-con stabbed Thomas in a dispute over a free transfer.

After Thomas' murder, the MTA installed safety partitions in a limited number of buses.

In Hogan's case, her attacker was enraged the bus didn't pull over at his regular stop, which was closed for construction. He punched her in the face and tried to pull her from her seat.

Emotionally distraught, Hogan hasn't returned to work.

"I've been assaulted twice now," she said. "My biggest fear is what's going to happen when I come back. Is it going to be the third time?"

pdonohue@nydailynews.com



Read more: http://www.nydailynews.com/news/ny_crime/2011/10/24/2011-10-24_in_harms_way_li_attacks_on_bus_drivers_up_20_over_last_yr_li_mta_fueling_farebea.html#ixzz1bhRJeFRp

--
Steve Downs
Chair, T/O Division of TWU 100

Wednesday, October 12, 2011

MaBstoa Contract Demands Meeting

Yesterdays Div1 meeting offered many contract demands which made sense! Brian Clarke Vice President of MaBstoa read the list of demands from previous years, and took new demands from the membership. All the demands were good and reflect abuses the Authority has imposed! If you missed this meeting, Div2 will be holding their meeting on Wednesday October 26 at 3035 Corlear Ave American Legion Hall between 230th and 231st St.
As a Foot Note Div1 is the Manhattan Division of MaBstoa
Div2 is the Bronx Division of MaBstoa
Stay Tuned!

Monday, October 10, 2011

MaBstoa Contractual Pick Practices

Brothers and Sister of MaBstoa;
Now that this General Pick is Underway, I wanted to take this time to explain what the MaBstoa Pick Practice is, and what it means to you.
The difference between the picks in MaBstoa and TA Surface is as follows
1) In TA Surface in order to be able to pick on your scheduled pick time, you must either be off to pick or be granted a Change of assignment which is not guaranteed! Change of Day off's and use of AVA's VAD's and OTO is subject to the contractual quota for the Depot.

2) MaBstoa Division1 (Manhattan) 50% of all picking conflicts get a mandatory Change of assignment, while the other 50% get pick reliefs.
An example of this would be 10 Operators picking who have conflicts between their tours and pick times= 5 Change of assignments and 2 Pick reliefs to cover the other 5 conflicts

3) MaBstoa Division2 (Bronx) 50% of all picking Conflicts get pick reliefs through a pick car and driver to cover the Bronx, because it's so remote.

MaBstoa as a whole pick extras up to a combined 72 hours= Run + Extra


The Above is informational, and considered the MaBstoa Contractual Pick practices. I omitted the practice of vacation relief for reasons of space. That will be another post. Stay Tuned!


In Solidarity
Donald Yates
MaBstoa TWU-100  

Thursday, October 6, 2011

Support The Move For Social Change

Brothers and Sisters;
We are witnessing a revolt not seen since the 60's and 70's. 
Occupy Wall Street As it is being called is the spark that's driving this new revolution!
We are all part of this movement!
Support your Union and the whole Labor movement, support the social movement that is sick and tired of the 1% controlling the 99%

Don't think it's your fight? Well it is! It's about our children's future

Together We Make A Difference

Tuesday, October 4, 2011

Stand With The Wall Street Protesters! There Fight Is Our Fight!

TWU Local 100   October 1, 2011

Community and Labor March on Wall Street   
 
 against corporate greed & big banks  
4:30pm Wed, Oct 5
 gather at 250 B'way | march to Zuccotti Park 

Union workers & community members impacted by the economic crisis demand that Wall Street and the wealthiest New Yorkers pay their fair share of taxes. 

We march on Wall Street to welcome the protesters and show the face of New Yorkers hardest hit by corporate greed! 

Stand together and continue what we started in Wisconsin!

  





In Solidarity 
Donald Yates 
MaBstoa TWU-100

Sunday, October 2, 2011

How The Tide Was Changed

Brothers and Sisters; 
I spoke many times about the war that was brewing within the our ranks, and the MTA. What nobody has visioned, is the war that is getting ready to take place between poor folks and rich folks. 
Wisconsin was the ground Zero for the final attacks against the labor movement, but what the powers that be didn't take into account, was that we have resolve!
As a TWU Local 100 Union Rep, one of things that I have noticed, is that many of our failures is due in part to the seeds that were planted long ago!
The idea was to collapse the unions or the movement known as the labor movement. To be successful in that, you would have to grasp this underlining principle, which boils down to a simple question, If we were in a house, and I thought it was on fire, but you didn't, would it be okay for me to lie to you or even use force to get you out of the house? The answer to that question would be he'll no, but why not?
And the answer to that question would be what if I was wrong! 
Individualism in America is so hard wired into our DNA. We want to make our own decisions, even if it means making mistakes. We don't want people telling us what to do. But there are such powers that are doing just that because they think we the people are to stupid to make our own decisions. Besides that fact, these powers have enough money not to be happy, but to buy an entire political system. Members of congress should be required to wear NASCAR uniforms so they would have to wear all their sponsors for all to see.
The powers that be use wealth to co-opt anyone who could have any impact on popular culture or public opinion. Newspapers, actors, journalists, publishers, politicians, business people, unions- you name it.
The idea was to be able to control the media as well as any other voice Americans trusted. To accomplish this things were planted in the most fertile of minds, which means children. But it wasn't enough to simply plant this new ideology. For it to blossom, it had to grow without being challenged. As a consequence the disappearance of rights and laws that were fought for including the civil rights struggle  and the labor movement were removed from the classroom. Schools now teach American history through the lens of imperialism and aggression. Instead of social studies, children were taught studies in social justice, with UNIONS repeatedly being shown as the bad guys!
This has been going on for decades. The students subjected to those propaganda's are now adults. They're everywhere you look- business, the media, government, even teaching successive generations of kids in our schools.
You may ask couldn't this be turned around? Could these folks be deprogramed? And my answer would be I don't think so, because they're completely immune to anything that deviates from their ideological perception of reality and what they have been taught is the real truth. The lens they look through life at has forever been altered. It's both terrifying and brilliant in it's totality. But as long as we have people who are conscience we can teach the youth of today and plant the seeds that will continue in our progressive struggles.
We have to think and plan well ahead to achieve this!
Brothers and Sisters we must all be on the same page in order to turn this thing around. Remember together we make a difference in all things.





In Solidarity 
Donald Yates 
MaBstoa TWU-100

Saturday, October 1, 2011

Having trouble viewing this email? Click here

TWU Local 100   October 1, 2011

Community and Labor March on Wall Street   
 
 against corporate greed & big banks  
4:30pm Wed, Oct 5
 gather at 250 B'way | march to Zuccotti Park 

Union workers & community members impacted by the economic crisis demand that Wall Street and the wealthiest New Yorkers pay their fair share of taxes.

We march on Wall Street to welcome the protesters and show the face of New Yorkers hardest hit by corporate greed!

Stand together and continue what we started in Wisconsin!

 
Click on image for video 
Why we are joining the protest: President Samuelsen on Countdown with Keith Olbermann

 



TWU Local 100 spearheads the fight for good jobs for New Yorkers

On Sept 27 at the Brooklyn Navy Yard, Local 100 hosted a major conference on revitalizing transit manufacturing in New York. In remarks to conference attendees, which included top execs of the MTA, Congressman Jerry Nadler, and Federal Deputy Secretary of Transportation John Porcari, Local 100 President John Samuelsen said that New York working families - who support the transit system - should have first crack at good transit manufacturing jobs.

To see the video,  click here

 
Upcoming Events
 

Dec 3
General Membership Assembly
- details coming soon



 
 
 
 
We're now on Facebook, Twitter, and YouTube!

   
 
Join the Conversation and "Like" TWU Local 100. Click the icons above.
 
Issued By:
Transport Workers Union, Local 100
1700 Broadway 2nd floor, New York NY 10019
212.873.6000 | www.twulocal100.org

Thursday, September 29, 2011

DMV No Longer Accepts Letters From Authority Regarding Work Accidents

As promised, I did a little investigating, and found out from my contact at Zerega that DMV made the decision back in 2000 not to accept any letters from the Authority separating work accidents from non work accidents for lack of a better word.  I will talk to our political action people and see if they can have a conversation with the DMV Commissioner to hopefully resolve these issues
Stay Tuned!






Donald Yates
MaBstoa TWU-100

Wednesday, September 28, 2011

MV104 New York State Accident Reporting

MV104 NY State Accident Reporting

Bus Operators who are involved in accidents are required to fill out the MV104 accident form. In the past, accidents that were considered minor or non preventable weren't reported to the State of New York. Now every little infraction gets reported to Motor Vehicle which affects your insurance premiums. When this change in policy occurred, we are still investigating.
Be mindful and take extra care while operating those buses and personal cars. All accident are recorded on your license, so we have to be extra careful out there. Be mindful and stay tuned!

In Solidarity 
Donald Yates 
MaBstoa TWU-100
SEPTEMBER 27, 2011, 2:26 PM
State Employees Reject Wage Concessions

By THOMAS KAPLAN
Updated 3:47 p.m. | The second-largest union of New York State employees has rejected a package of wage and benefits concessions negotiated by Gov. Andrew M. Cuomo, dealing a jarring setback to the governor that is likely to prompt several thousand layoffs.

The union, the Public Employees Federation, which represents 56,000 state workers, announced on Tuesday that its members had voted 54 percent to 46 percent against the contract, which would have imposed a three-year freeze on wages and increased health insurance costs. The vote took place by mail over several weeks.

The president of the union, Kenneth Brynien, said that members were ready to make sacrifices given the state’s shaky fiscal condition but that they felt the concessions Mr. Cuomo insisted on were beyond what was reasonable.

“The cuts that are demanded of them in this tentative agreement were just too many, and they cut too deep,” Mr. Brynien said at a news conference. “The sacrifices were too great, and they said, ‘Enough is enough.’”

Mr. Brynien took note of the governor’s refusal to seek the extension of a temporary income tax surcharge on high-earning residents during this year’s legislative session, a position that put Mr. Cuomo at odds with other Democrats and organized labor.

“The state should not be demanding this level of sacrifice from us while it’s not demanding those same sacrifices from the wealthiest New Yorkers,” he said.

Mr. Cuomo has repeatedly threatened that there would be layoffs if state workers did not accept deep wage and benefit concessions; the state has estimated that 3,500 members of the Public Employees Federation would lose their jobs if the union rejected the concessions package.

The state’s largest union of public workers, the Civil Service Employees Association, announced on Aug. 16 that its membership had voted 59 percent to 41 percent to approve a nearly identical five-year agreement that promised job protections in exchange for wage and benefits concessions.

Mr. Brynien asked the governor on Tuesday to return to the bargaining table. Mr. Cuomo did not immediately comment on Tuesday, although his administration had indicated that layoffs would follow almost immediately if the union rejected the deal.

Copyright 2011 The New York Times CompanyPrivacy PolicyNYTimes.com 620 Eighth Avenue New York, NY 10018


Posted by
Steve Downs
Chair, T/O Division of TWU 100

Donald Yaes
MaBstoa TWU-100
--

Saturday, September 24, 2011

TWU Local 100 First Annual Retirement Dinner Dance

Brothers and Sisters;
TWU Local 100 held their first annual retirees dinner dance at the Dante Caterers in East Elmhurst Queens. The night was filled with Union History past and present with a live band to compliment the evening.
From the Current Local leadership Secretary Treasurer Earl Phillips, Recording Secretary Benita Johnson, Administrative Vice President Angel Giboyeaux and Assistant to the President Shannon Poland.
From the MaBstoa Division Former Local 100 and International President Sonny Hall, Brian Clarke MaBstoa Vice President, Tommy Lenane Maintenance Division Chair, Danny O'Brian Maintenance Division Recording Secretary. From MaBstoa Division1 Retired Division Chair Mike Tutrone Current Division1 chair Richard Davis, Division Vice Chair & Manhattanville Vice Chair Donald Yates, Division Vice Chair & Michael J. Quill Depot Chairman Sukhy Singh, Division Recording Secretary Elizabeth Wilson, Michael J. Quill Vice Chair & Eboard member Chris Magwood, Michael J. Quill Recording Secretary Reinaldo Rios, Current Chairman of the Closed Amsterdam & 146st Depot William Isabell and Shop Steward Dawn Sobers.
MaBstoa Division1 retired 146St Chairman Clayton Davis, Retired Michael J. Quill Chairman Bobby Mawhinney. 
From MaBstoa Division2 Retired Division Vice Chair & GunHill Chairman Rosie Allen.
From TA Surface Brander White Eboard Member & Director of the Woman's Committee.
As a Union and Labor movement, it's important to support such events so we can honor our Brothers and Sisters who paved the way for us to exist on these jobs. I was once asked, what can I do to get involved with the Union, My answer was anything and everything! Though small to some, these are the events that needs
To be supported in order to remember and never forget why we exist in the first place!
 Special Shout Out to Manhattanville Depot Chairman Jose Castellon who donated $650.00 to support the event.

In Solidarity 
Donald Yates 
MaBstoa TWU-100

Thursday, September 22, 2011

EXAM#2600

York city transit is given in exam for signal maintainer exam number is 2600 the filing date is September 7, 2011 to September 27, 2011 the filing fee is $82 the salary current minimum salary is $30.34 an hour for 40 hour workweek increasing to $32.11 after 36 months of service. The job description maintain and repair the railroad signal system. requirements; by the last date of the application. You must meet one of the following required number. 1) two years of full-time experience as an electrician or electric technician at the journey level installing, maintaining or repairing electrical, electronic or electro mechanical systems plus two years of full-time experience as a mechanics helper or apprentice or trainee performing or assisting in the work described above or graduation from a trade schools technical school or vocational school with a major course of study in electrical, electronic or electromechanical technology or closely related field totaling at least 600 hours or in A.A.S degree or higher from an accredited college or university
2) completion of a four year full time apprenticeships in the electrical electronic or electromechanical trade recognized by the New York State department of labor.
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Tuesday, September 20, 2011

Lock Box Rally At City Hall

This morning the transport workers Union local 100 along with elected officials and advocacy groups met at City Hall today to demand Cuomo the governor of New York to sign the lockbox bill that would secure dedicated funds that couldn't be touched to plug other deficits in the state. This Bill if signed into law, would prevent the state government from raiding funds that are dedicated to Transit
Local 100 President John Samuelsen spoke of the past raids on the dedicated funding and also informed the press on the importance of keeping a transit system a priority because of it's importance to the economy. John Samuelsen ended by saying that the budget has to stop being balanced off the backs of working people!

Monday, September 19, 2011

What's Not Being Talked About in The News

The Biggest Thing Happening Right Now That Your Local News Probably Isn’t Telling You



As the “Workers’ Rights are Human Rights” e-news went to press, the “Occupy Wall Street” protest was disrupting Wall Street for a third consecutive day— this time when the stock market was open.  New York City police were limiting access to Wall Street Monday morning, requiring residents and workers in blocks surrounding the New York Stock Exchange to show identification.

The Call to Occupy Wall Street Resonates Around the World
By Micah White and Kalle Lasn
September 19, 2011
Reposted from The Guardian


On Saturday 17 September, many of us watched in awe as 5,000 Americans descended on to the financial district of lower Manhattan, waved signs, unfurled banners, beat drums, chanted slogans and proceeded to walk towards the “financial Gomorrah” of the nation. They vowed to “occupy Wall Street” and to “bring justice to the bankers”, but the New York police thwarted their efforts temporarily, locking down the symbolic street with barricades and checkpoints.

Undeterred, protesters walked laps around the area before holding a people’s assembly and setting up a semi-permanent protest encampment in a park on Liberty Street, a stone’s throw from Wall Street and a block from the Federal Reserve Bank of New York.

Three hundred spent the night, several hundred reinforcements arrived the next day and as we write this article, the encampment is rolling out sleeping bags once again. When they tweeted to the world that they were hungry, a nearby pizzeria received $2,800 in orders for delivery in a single hour. Emboldened by an outpouring of international solidarity, these American indignados said they’d be there to greet the bankers when the stock market opened on Monday. It looks like, for now, the police don’t think they can stop them. ABC News reports that “even though the demonstrators don’t have a permit for the protest, [the New York police department says that] they have no plans to remove those protesters who seem determined to stay on the streets.” Organisers on the ground say, “we’re digging in for a long-term occupation”.

#OCCUPYWALLSTREET was inspired by the people’s assemblies of Spain and floated as a concept by a double-page poster in the 97th issue of Adbusters magazine, but it was spearheaded, orchestrated and accomplished by independent activists. It all started when Adbusters asked its network of culture jammers to flood into lower Manhattan, set up tents, kitchens and peaceful barricades and occupy Wall Street for a few months. The idea caught on immediately on social networks and unaffiliated activists seized the meme and built an open-source organising site. A few days later, a general assembly was held in New York City and 150 people showed up. These activists became the core organisers of the occupation. The mystique of Anonymous pushed the meme into the mainstream media. Their video communique endorsing the action garnered 100,000 views and a warning from the Department of Homeland Security addressed to the nation’s bankers. When, in August, the indignados of Spain sent word that they would be holding a solidarity event in Madrid’s financial district, activists in Milan, Valencia, London, Lisbon, Athens, San Francisco, Madison, Amsterdam, Los Angeles, Israel and beyond vowed to do the same.

There is a shared feeling on the streets around the world that the global economy is a Ponzi scheme run by and for Big Finance. People everywhere are waking up to the realisation that there is something fundamentally wrong with a system in which speculative financial transactions add up, each day, to $1.3tn (50 times more than the sum of all the commercial transactions). Meanwhile, according to a United Nations report, “in the 35 countries for which data exist, nearly 40% of jobseekers have been without work for more than one year”.

“CEOs, the biggest corporations, and the wealthy are taking too much from our country and I think it’s time for us to take back,” said one activist who joined the protests last Saturday. Jason Ahmadi, who travelled in from Oakland, California explained that “a lot of us feel there is a large crisis in our economy and a lot of it is caused by the folks who do business here”. Bill Steyerd, a Vietnam veteran from Queens, said “it’s a worthy cause because people on Wall Street are blood-sucking warmongers”.

There is not just anger. There is also a sense that the standard solutions to the economic crisis proposed by our politicians and mainstream economists – stimulus, cuts, debt, low interest rates, encouraging consumption – are false options that will not work. Deeper changes are needed, such as a “Robin Hood” tax on financial transactions; reinstating the Glass-Steagall Act in the US; implementing a ban on high-frequency “flash” trading. The “too big to fail” banks must be broken up, downsized and made to serve the people, the economy and society again. The financial fraudsters responsible for the 2008 meltdown must be brought to justice. Then there is the long-term mother of all solutions: a total rethinking of western consumerism that throws into question how we measure progress.

If the current economic woes in Europe and the US spiral into a prolonged global recession, people’s encampments will become a permanent fixtures at financial districts and outside stock markets around the world. Until our demands are met and the global economic regime is fundamentally reformed, our tent cities will keep popping up.

Bravo to those courageous souls in the encampment on New York’s Liberty Street. Every night that #OCCUPYWALLSTREET continues will escalate the possibility of a full-fledged global uprising against business as usual.

Friday, September 16, 2011

AFRICAN AMERICAN PARADE

Come March With The Transport Workers Union Local 100 In This Years AFRICAN AMERICAN PARADE
WHERE 112th Street And Adam Clayton Powell (7th Avenue)
WHEN Sunday September 18, 2011
TIME 11:00 Am

Friday, September 9, 2011

Labor Day Parade

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September 8, 2011
Got ideas, comments or advice?
Email nbedell@twulocal100.org.
 
Contract Campaign Committee
TWU Local 100
 
All out for the 2011 Labor Day Parade

This Saturday will be the 2011 Labor Day Parade in NYC. Organized labor from all sectors of the economy will stand together to express our pride. For TWU Local 100, this day of standing with our Brothers and Sisters will also kick off our fight for a fair contract. We will turn out to tell the world: "Shared sacrifice" is a scam! We are not going to be scammed out of the gains that generations of transit workers fought and sacrificed for!

This year will be a showing for TWU unity. We will be joined in the parade by other TWU locals in the NYC area and by the TWU International's campaign bus. We will also be distributing a Workers Rights Are Human Rights t-shirt provided by the International.

This is an event members should turn out for. This is our contract we are talking about. We look forward to seeing you there, along with the members you turn out from your location or division.

 
Join the TWU Local 100 contingent at 10:45 am
on E. 45 St between Fifth Ave & Vanderbilt
 
food and refreshments provided
 
 

Issued By:
Transport Workers Union, Local 100
1700 Broadway 2nd floor, New York NY 10019
212.873.6000 | www.twulocal100.org

In This Issue
Labor Day Parade
Mobilizing Tools
Mobilizing Tools

Need more Labor Day flyers for your members? You can download a pdf here.

To reserve a t-shirt fast, use the online sign-up here.
 
Do you know elected officers in your division or section who did not receive this e-mail?

Please send their name, title, division or section and email address to
nbedell@twulocal100.org
We will include them in the future.

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Thursday, September 8, 2011

Wednesday, August 31, 2011

Operations Planning Meeting

Greetings Brothers and Sisters;
Today the Union and Management met for their quarterly operations and planning meeting held at 2 Broadway.
There are no expected reductions in service. The M96 out of Manhattanville Depot is scheduled to be moved to 100st Depot 37 Runs. Management claims they have a savings in travel time. Top pay hours will be cut down to 11:59hrs this will be for all new York city transit/MaBstoa Bus Operators system wide. Select Bus service (SBS) will begin operating in November on the M34 route
As far as the M96 out of Manhattanville is concerned, Richard Davis Chairman of Manhattan Division has made requests for data to justify the savings that management has claimed. This request includes maintenance costs. The M96 move is believed to be political in nature, so stay Tuned on those accounts. 
Acting Bronx Division Chair Tony Aiken made arguments that the SBS Bx12 Bus is running unsafe schedules and made requests to add more time points to help slow down the operators, management claimed to look into the issue
Stephen Thomas Brooklyn TWU V.P. Made arguments about the BX8 saying that it's unsafe to operate on Kings Highway on the main roadway when the route has to make a right turn from the main road on to Ave. D Management said they would look into the issue, also SBS service will start up soon on the B44 route in Brooklyn.
Reduced schedules will operate on the following days (Winter 2012 Pick)
. 1/16/12 Martin Luther King Jr. Day reduced Weekday Schedule same as last year
2/20/12 Presidents Day Saturday Schedule same as last year
4/06/12 Good Friday Reduced weekday schedule (NEW)
Stay Tuned for more Information!

Saturday, August 27, 2011

Hurricane Update

Brothers And Sisters;
As  Hurricane Irene approaches the New York area we should maintain a ready attitude towards safety!
Richard Davis Manhattan Division Chairman Tony Aiken Bronx Division Chairman Willie Rivera Brooklyn Division Chairman and Myself are paying very close attention to the developments as they happen. If you haven't been told, YOU ARE ALL APPRECIATED!
Many of us haven't seen a hurricane up close being from New York, but we are brave and have resolve! Stay safe if you're home grab some ice from the store and put things in the cooler just in case we loose power, the Main thing is to be safe!
We will keep you notified of all developments! 
At this time I would like to thank all Shop-Stewards for all their help and specially thank Jose Andrade from Manhattanville Depot for his on the ground activity to maintain order and safety. Stay Tuned!

Friday, August 26, 2011

Getting Paid If The System Shuts Down Because Of A Storm

Getting Paid if the System Shuts Down Because of a Storm
 
It’s possible the coming hurricane will cause a partial or full shutdown of the bus and subway system.  If this happens and you get to work late or can’t get to work, you are still entitled to be paid.  The information below will help make sure you get paid properly.  While this information is based on procedures in Department of Buses workers in every department have the same right to be paid if they get to work late or can’t get to work because the system has shut down.  Check with union reps in your department to confirm the procedures you should follow.
 
The contract states that workers “reporting late because of an unusual interruption in service on the NYC Transit System shall suffer
No loss of pay for time lost on that account…” If you make it into work, even if you are late, you should be paid for the whole day.  If you aren't, let us know. We recommend that if you cannot make it to your normal reporting location but can make it to another TA facility or terminal, do so. Be sure to swipe with your pass and sign on with a supervisor (if possible).
 
If you cannot make it in at all, call the Crew Dispatchers office to let them know. Make sure to write down the name of the person you speak to. If they tell you to use a sick day, we advise you not to. If they say that you will be carried AWOL, don't get into an argument. Just make sure they have a record of your call.
 
If you ARE ill, book sick like you regularly would. The TA cannot require you to get doctor's lines just because they've declared an emergency. If you book sick for one, two or three days, and you are NOT on the Sick Leave Control List,  and in the upper 70% you do not have to provide doctor's lines. But be sure to submit your sick form (with or without doctor's lines) within three days of returning to work.

Be mindful that you must have proven service interruptions!
 

Friday, June 10, 2011

I Thought This Was A Good Suiting Post From The ATU President

Remembering Joe Owens -IP Larry Hanley
ATU — STATEN ISLAND, NY (6/6)

We Have Enough Fights without Fighting Each Other

There are enough fights for us to take on with enemies of the Union. We don’t need to fight each other. More than any other time in our lives, Labor is under attack. As your international president it is frustrating to watch some hard working local officers under constant attack by people in their own local union.

We are democratic and our union halls are where we have our debates. Sometimes we take our debates too far, to the point that we disrupt the ability of our Union to function.

Recently, as I contemplated various internal squabbles in the ATU, I received the sad news that an old friend of mine, Joe Owens, had passed away. I had come to value Joe’s friendship greatly over the years, especially since we hadn’t started out that way.

Joe had served as an officer of Local 726 in Staten Island, NY, for 18 years when I showed up. I was new and had new ideas. We strongly disagreed about many things and debated each other loudly in an internal struggle that went on for years. Those debates continued when we served together as executive board members.


--------------------------------------------------------------------------------

- Visitation and Funeral Arrangements -


--------------------------------------------------------------------------------

Grace of a Champion

In 1987, we ran against each other for president. In a four-way race that I won, Joe Owens was defeated. He left office, not my best friend, but with the grace of a champion.

Some years went by and it was time for Joe to retire from the MTA. On his last day, we held a party in the crew room of Yukon Depot. Joe and I still had sharp disagreements, but his speech that day will stay with me forever.



ALWAYS Support Your Union

He stood before our members, a beloved retiring officer, and told all present, “No matter what you think about an issue or any position an officer takes, ALWAYS support your union.”

Joe left the ranks of our active membership telling his lifelong supporters that what brings a union together will always be greater than what divides it. He taught us all what it means to love the union and put the members above any petty disputes.

Eventually Joe became one of my biggest supporters, and I, for my part, learned an important lesson about being gracious – a quality of inestimable value for the smooth functioning of any local union.

Not because he always agreed with me, but because in his wisdom Joe knew that while we all have a contribution to make, our members decide elections, and we must respect their decisions. That’s a lesson we can all learn. I did.

Dues increase and retro

Dues increase and retro


Mirroring our recent contractual wage increase, dues for Local 100 members at TA/OA increased in May. They are now $27.06 per paycheck for most members at TA/OA. Dues are set in accordance with the Constitution of the TWU and rise when wages rise.

There is also an extra one-time dues assessment of $5.32 in paychecks issued June 8 and June 9 (less for Traffic Checkers). This assessment covers the difference between the old rate and the new rate retroactive to January 16. Dues will return to $27.06 in paychecks issued June 22 and June 23

Friday, April 29, 2011

Politics Hypocrits or Both?

Donnie Yates Brothers and Sisters
Politics have plagued this Union for far too long. We are not recognizing the fact that the quest for power is not the answer for our struggles against the MTA and elsewhere.
I am so sorry to say that I for my part have seen this all before. TWU international President attacks Local 100 president in the chief for mismanaging. Those of us that have been around long enough also saw when the international president Sonny Hall and Roger Toussaint had open fights in the Chief.
During the 2005 strike the international once again sided against the local and printed things in the Chief not popular with our local. Now the tables have turned and the people who controlled the local now influence the internationals political agenda against it's biggest local, is it politics or hypocrites? Or both?

Thursday, March 31, 2011

TWU WINS RAISES AND HEALTH CARE BENEFITS

NEW YORK STATE SUPREME COURT DENIES MTA's appeal of the 3% raises and the 1.5% rollback from Gross Pay to 40 hours! Stay Tuned on date for distribution of raises and rollback of health care contributions!

Monday, March 7, 2011

The War Is Real

The war I wage is in my heart. Too many times have I seen the corporate monster get over. In our line of work we are supposed to provide service, what a contradiction. The powers that be sit behind a desk and figure out ways to disrupt our lives, why not disrupt theirs? This battle has become global this is the obvious fact. My words are no longer a thing of entertainment, the war I spoke of is here! Are we ready to do what it takes to win? Do we know what it means to really struggle? Our four fathers did! I have spoken at several shopgates, and pretty much laid the facts out there. Not everyone of us agrees with the tactics we must embrace but again this is war, and unless we are willing to sacrifice we will lose big!
What are you willing to do to defeat this monster?
In solidarity
Donald Yates

Wednesday, March 2, 2011

Town Hall Meeting

Attached is a flyer for the event below, which is co-sponsored by TWU 100.
 

 

 

Is Public Transportation

A Civil Right?

TOWN HALL MEETING

MARCH 10, 2011 in Harlem at Riverside Church 6-8PM

 



 

 



 



 



 

 



 

Sunday, February 27, 2011

Wisconsin Lie Exposed

Rick Ungar
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The Wisconsin Lie Exposed – Taxpayers Actually Contribute Nothing To Public Employee Pensions
Feb. 25 2011 - 11:56 am | 170,318 views | 11 recommendations | 459 comments
Pulitzer Prize winning tax reporter, David Cay Johnston, has written a brilliant piece for tax.com exposing the truth about who really pays for the pension and benefits for public employees in Wisconsin.

Gov. Scott Walker says he wants state workers covered by collective bargaining agreements to “contribute more” to their pension and health insurance plans. Accepting Gov. Walker’ s assertions as fact, and failing to check, creates the impression that somehow the workers are getting something extra, a gift from taxpayers. They are not. Out of every dollar that funds Wisconsin’ s pension and health insurance plans for state workers, 100 cents comes from the state workers.

Via tax.com

How can this be possible?

Simple. The pension plan is the direct result of deferred compensation- money that employees would have been paid as cash salary but choose, instead, to have placed in the state operated pension fund where the money can be professionally invested (at a lower cost of management) for the future.

Many of us are familiar with the concept of deferred compensation from reading about the latest multi-million dollar deal with some professional athlete. As a means of allowing their ball club to have enough money to operate, lowering their own tax obligations and for other benefits, ball players often defer payment of  money they are to be paid to a later date. In the meantime, that money is invested for the ball player’s benefit and then paid over at the time and in the manner agreed to in the contract between the parties.

Does anyone believe that, in the case of the ball player, the deferred money belongs to the club owner rather than the ball player? Is the owner simply providing this money to the athlete as some sort of gift? Of course not. The money is salary to be paid to the ball player, deferred for receipt at a later date.

A review of the state’s collective bargaining agreements – many of which are available for review at the Wisconsin Office of State Employees web site - bears out that it is no different for state employees. The numbers are just lower.

Check out section 13 of the Wisconsin Association of State Prosecutors collective bargaining agreement – “For the duration of this Agreement, the Employer will contribute on behalf of the employee five percent (5%) of the employee’s earnings paid by the State. ”

Johnston goes on to point out that Governor Walker has gotten away with this false narrative because journalists have failed to look closely at how employee pension plans work and have simply accepted the Governor’s word for it. Because of this, those who wish the unions ill have been able to seize on that narrative to score points by running ads and spreading the word that state employees pay next to nothing for their pensions and that it is all a big taxpayer give-away.

If it is true that pension and benefit money is money that already belongs to state workers,  you might ask why state employees would not just take the cash as direct compensation and do their own investing for their retirement through their own individual retirement plans.

Again, simple.

Mr. Johnston continues-

Expecting individuals to be experts at investing their retirement money in defined contribution plans — instead of pooling the money so professional investors can manage the money as is done in defined benefit plans — is not sound economics.  The concept, at its most basic, is buying wholesale instead of retail. Wholesale is cheaper for the buyers. That is, it saves taxpayers money. The Wisconsin State Investment Board manages about $74.5 billion for an all-in cost of $224 million. That is a cost of about 30-cents per $100, which is good but not great. However it is far less than many defined contribution plans, where costs are often $1 or more per $100.”

If the Wisconsin governor and state legislature were to be honest, they would correctly frame this issue. They are not, in fact, asking state employees to make a larger contribution to their pension and benefits programs as that would not be possible- the employees are already paying 100% of the contributions.

What they are actually asking is that the employees take a pay cut.

That may or may not be an appropriate request depending on your point of view – but the argument that the taxpayers are providing state workers with some gift is as false as the argument that state workers are paid better than employees with comparable education and skills in private industry.

Maybe state workers need to take pay cut along with so many of their fellow Americans. But let’s, at the least, recognize this sacrifice for what it is rather than pretending they’ve been getting away with some sweet deal that now must be brought to an end.

UPDATE: Since this post was published earlier today, many commenters have made the point that, while it is true that it is state employees’ own money that funds the pension plan, when the pension plan comes up short it is up to the taxpayer to make up the difference.

There is some truth in this – but not as much as many seem to think. Because the pension plan is a defined benefit plan – requiring the state to pay the agreed benefit for however long the employee may live in retirement- if the employee lives longer than the actuarial plan anticipated, the taxpayer is on the hook for the pay-outs during the longer life.

But is this the fault of the state employees? The pension agreements are the result of collective bargaining. That means that the state has every opportunity to properly calculate the anticipated lifespan and then add on some margin for error. What’s more, the losses taken by the pension funds over the past few years can hardly be blamed on the employees.

Take a look at what Sue Urahn, an expert on the subject at the Pew Center on the States, has to say about this when describing the $1 trillion gap that existed between the $2.35 trillion states had set aside to pay for employees’ retirement benefits and the $3.35 trillion price tag of those promises.at the end of 2008-

To a significant degree, the $1 trillion reflects states’ own policy choices and lack of discipline:

• failing to make annual payments for pension systems at the levels recommended by their own actuaries;
• expanding benefits and offering cost-of-living increases without fully considering their long-term price tag or determining how to pay for them; and
• providing retiree health care without adequately funding it
Via Pew Center on the States

That is the point. While the governor of Wisconsin is busy trying to shift the blame to the workers in an effort to put an end to collective bargaining, the reality is that it was the state who punted on this – not the employees.

Further, by the state employee unions agreeing to the deal proposed by Walker on their benefits (as they have despite Walker’s refusal to accept it) they are taking on much  - and possibly all – of the obligation out of their own pockets.

As a result, the taxpayers do not contribute to the public employee pension programs so much as serve as insurers. If their elected officials have been sloppy , the taxpayers must stand behind it. But if the market continues to perform as it has been performing this past year, don’t be surprised if the funding crisis begins to recede. If it does, what will you say then?

Tuesday, February 22, 2011

Opinion By Donald Yates

Editorial/opinion By Donald Yates 

Brothers and sisters, the war has finally arrived! The problem that I see is that nobody is ready to do what needs to be done to survive this thing! Many of us are asleep at the wheel while a new class war has been initiated. The issues in Wisconsin are as real as they get, not to mention Ohio New Jersey and our own state of New York.
I have asked several of our members why aren't they angry at what's going on, the answers that I get is quite shocking, but one thing is for certain, we are not ready for what's coming! I suggest we start planing for the worst, because we must fight this thing tooth and nail!
Government is demanding from us things that I'm unwilling to give. My hope is that we all wake up in time to fight this thing. Many of you may have questions that I can answer 6 different ways. You might find all of the answers acceptable or none of them! My question to all of you is simple. Does the truth matter to you at all? And if it does then we must prepare for a major war!

In solidarity 
Donald Yates

Saturday, January 29, 2011

Thursday, January 27, 2011

This FMLA news was Posted Due To A Question On Domestic Use Of The Act!

Monday, June 21, 2010

FMLA leave for domestic partners: the new federal employee leave regulations a stalking horse

FMLA leave for domestic partners: the new federal employee leave regulations a stalking horse
Source: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/
Copyright © 2010. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation.

During the last presidential campaign, candidate Obama favored expansion of the FMLA to allow an employee to take job-protected leave to care for a same sex domestic partner suffering with a serious health condition. Pending legislation (H.R. 3047) seeks to make such a change law. Currently, the Defense of Marriage Act excludes same-sex marriages, including civil unions or domestic partnerships, from FMLA coverage (by defining a "spouse" as member of the opposite sex).

Given the President's expressed support for changes to the FMLA, and the Democrats control of Congress (at least until mid-term elections this November), it is possible that legislation to modify the FMLA, including the addition of domestic partnerships, might be seriously considered.

With regard to expansion of the FMLA to cover same-sex partnerships, what that legislation might look like may be gleaned from recent regulatory changes made by the US Office of Personnel Management (OPM) allowing some federal employees to take leave (but not FMLA leave) for a domestic partner. See 75 FR 33491-33497 (June 14, 2010). The regulations are effective July 14, 2010.

On June 17, 2009, President Obama directed OPM to clarify that existing employment benefits enjoyed by federal workers extended to same-sex domestic partners. OPM did so by altering the definition of a "family member" to include a domestic partner in a committed relationship.

The benefits extended included the federal employees ability to use sick leave, funeral leave, voluntary leave transfer, voluntary leave bank, and emergency leave transfer in relation to .
Domestic partner means an adult in a committed relationship with another adult, including both same-sex and opposite-sex relationships.

Opposite-sex domestic partnerships would cover common law marriages in States that do not recognize common law marriages. In States that already recognize common law marriages, the inclusion of opposite-sex domestic partnerships suggests coverage for committed relationships that fall short of a common law marriage.

Committed relationship means one in which the employee, and the domestic partner of the employee, are each other's sole domestic partner (and are not married to or domestic partners with anyone else); and share responsibility for a significant measure of each other's common welfare and financial obligations. This includes, but is not limited to same-ex and opposite-sex relationships granted legal recognition by a State or the District of Columbia as a marriage or analogous relationship (e.g., civil union).

OPM rejected suggestions that it issue regulations governing what documentation an agency may request to substantiate a covered domestic partnership. It noted that agency's typically do not ask for documentation to substantiate leave to prove an employee's relationship with a parent, brother, sister, or spouse. OPM implied that, absent suspicion of leave abuse, it should follow that practice where an employee claims the need for leave for a domestic partner. Where leave abuse is suspected, OPM indicated that agencies have the existing authority to request documentation to substantiate a request for leave, and that they should follow the same procedures for all employees where they suspect leave abuse.

Mr. Bosland Comments: OPM's definition of a domestic partner in a committed relationship is, in my opinion, needlessly vague and over broad. Specifically, it is unclear what it means to "share responsibility for a significant measure of each other's common welfare and financial obligations." The terms are undefined. Other than rejecting application of the definition to a roommate, OPM fails to give examples to animate the meaning of this key phrase. Certainly, the phrase applies to common law marriages, civil unions, or domestic partnerships in States that recognize such relationships. It is unclear, at least to me, why OPM would not adopt a definition that ties the relationship to the attributes of a common law marriage, domestic partnership, or civil union, as those terms have been recognized by some States for years. Absent such a tether, OPM invites a flood of litigation to flesh out the contours of a committed relationship, particularly in the area above roommate and below recognized common law marriage, civil union, or domestic partnership. The point of a regulation is to give employers and employees useful guidance so that they know what to expect and can conform their conduct to meet legal obligations. This regulation, in my opinion, falls short of meeting that standard.

The above regulatory changes do not apply to the FMLA - yet. That will require modification of the Defense of Marriage Act (DOMA). If, however, this is any example of the standard to be applied in the event the DOMA and FMLA are modified to include domestic partnerships, employers and employees should be prepared for the tsunami of litigation that will ensue over the level of commitment to the relationship. The good news is that such a change should make the attorneys very happy.

Tuesday, January 25, 2011

Lobby Day

The TWU local 100 will be conducting their annual Lobby Day in Albany On March 29th 2011.

Save the date

Monday, January 24, 2011

Tuesday, January 18, 2011

Why Arn't We Angry?

Brothers and sisters; together we make a difference in all things. As a labor union one of the things that has me concerned is the memberships lack of anger regarding our contract. As many of us are aware the MTA has been putting up a bogus fight to block the award an arbitrator handed down as a decision due to an impasse! The raises we received was 4% 4% and 3% these raises were broken down in the first two years 2% 2% 2% 2%. The third year raise was based on your top salary before this contract went into affect. In other words, lets take the top salary of a bus operator at the time, which was $26.92 an hour. The 3% raise in the third year of the award would be based on that amount. There was plenty of consessions the arbitrator gave the TA as you can see above.
We in return were granted the 1.5% reduced from gross wages to 40 hours! Why aren't we angry that the TA took the award to court? They keep loosing but still they want to waste money! Now the TA is seaking to take the 3rd year of the award and the 1.5% medical to the state supream court.
Internal politics has pit union brother and sister against one another in order to gain control of the local. Unfortunately our local is not isolated in the these disastrous trends, labor across America has the same problems. We must and I emphasize must turn this thing around! Are you angry yet? Well you should be! Every union member who can read these words should do some soul searching, and do their part to turn this thing around. Everyone is needed to exercise our true power.

Start by coming to union meetings and let that resignate into rallies and community efforts to fight the power! The problem that we also face is the hoodwinking that anti-labor groups have produced and we believed! Are we angry yet? Well we should be! Let us fight the power together!

Together we make a difference always!

Monday, January 3, 2011

Take Ownership In Your Union

Brothers and Sisters:
As a membership we must take ownership in our union. For many years the TWU has been motivated by politics which doesn't do much to make a strong. Your particular job function no matter what it is must be defended by the men and women who worked those titles. The question is how? We must learn and enforce our contract especially any safety provisions. With an army of educated members, management will always think twice before acting foolishly. But, what do we do about the people who wish for failure? Does it help us in our continued fight against the powers that be? Not in my opinion! Moving forward from here means that as a member of the TWU, we must take ownership in our union, that means doing your part to make it strong. Paying dues is a small part. As a member of local 100 it should be your personal responsibility to get involved with the struggle! We have the potential to be here for many years so some don't think so. It is our responsibility to make sure conditions are good for the folks coming in behind us. The recipe for our focus is already there with all the antiunion regiments around us. Are we that far removed that we are not a bit angry at what's going on? The people responsible for the disastrous economy are blaming the unions. Take ownership and tell the others to stop playing politics with our union that includes TWU of America because together we make a difference always. We must stay united to defeat the anti-laborer.
I'm my brothers and sisters keeper will you be mine?