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TWU Local 100 Contract

 Bulletin - Dec. 2007

by Marty Goodman, Station Agent  / December 2007

 

 

JUDGE SLAMS LOCAL 100!

 

Judge Bruce Balter’s November 8 ruling upheld the loss of dues check-off. Local 100 will appeal. The ruling was aimed at every union’s right to strike – a right recognized as a human right throughout much of the world. Without the right to walk off the job to protest injustice a worker is basically a slave!

 

Judge Balter (Democrat) based his ruling on two unconstitutional injunctions against Local 100, authored by former Attorney General Eliot Spitzer (Democrat) for the MTA/George Pataki (Republican) and another by Mayor Bloomberg (a Democrat turned Republican). The injunctions themselves were based on the anti-labor Taylor Law, passed in 1967 by Democrats and Republicans.

 

Jim Crow segregation and starting the war for oil in Iraq was “legal” too, but all based on lies. Truth is, we were provoked into striking when the MTA demanded that we agree to slam our new members with 4% more in pension deductions. Despite givebacks and going back too early, we were right to strike - screwing new members is totally  unacceptable! !

 

Like the 2006 dues ruling, Balter’s decision is another attempt to cripple the TWU, which is our ONLY defense against management. The media revealed how the judge’s ruling reflects the deep hatred the super-rich feel about a strike of mostly African Americans, Latinos and immigrant workers. Our strike was seen by these bullies as a BAD example for unions everywhere who are reeling from decades of labor defeats and were inspired by us. No obnoxious judge or newspaper boss can ever take that away. Despite the givebacks, we earned our badge of honor!

 

PAY YOUR DUES!

 

We must all answer the challenge and defend our union in a big, big way. PAY YOUR DUES!! As of August, says Toussaint, we collected only 64.7% of what we would have if we still had dues check-off. Not good.

 

We must keep our financial house in order as we build for the next contract fight. Call the TWU-dues at 646-619-1000 today.  If you think you’re saving money or hurting Toussaint by not paying dues you’re dead wrong. If the TWU is crippled YOUR next contract will be even worse! Please do your share and keep your dues up to date! [Note: If your dues aren’t up to date, you can’t vote in the next election.]

 

To save Local 100’s money: Cut staff salaries to membership level. Staffers must feel our pain to fight harder; Send TWU political appointees back to the road. If needed, replace them with elected officers; Lastly, fire Hollywood P.R. firm, “Ken Sunshine Associates.” Use all savings to educate and mobilize. 

 

USE DUES FOR CONTRACT FIGHT!

 

Let’s use dues not only to defend members and maintain services, but also to strengthen our contract fight:

 

-Hold extra Javits Center mass meetings in ‘08, with membership voting rights. Leaders must report in person on contract organizing!

 

-Launch a big shop stewards recruitment drive to flood the system. Use it to create a huge membership fightback network.

 

-Organize mass rallies at the MTA to turn up the heat!

 

-Organize an extra mass meeting the night the contract expires. Let members vote in person on the MTA’s final offer. No more secret deals!

 

MORE ON RULING AND DUES

 

 Spitzer and the MTA said in court that they support conditionally restoring dues check-off in order to cement a “partnership” with the TWU. But, help from them is like someone punching you in the nose and then offering you a handkerchief to wipe-off the blood!

     

Spitzer and his MTA want to put Local 100 under a court’s microscope until January 15, 2009. They want us so fearful that they can then shove givebacks down our throats. By offering ‘help’ they think they can get more concessions from us than did ex-MTA chief Kalikow. But, its all a ‘modern’ management trick to get labor to sacrifice more. If we say no to a sugar coated poison pill, watch out!    

    

A partnership with the MTA will result in more rotten deals and demoralize our membership. It’s no way to inspire members to pay their dues and certainly no way to win a good contract!

    

Members, beware of any deals to open negotiations early. Don’t trust Spitzer or his MTA appointees! [Call 212-781-5157 for my extensive reports on Spitzer’s injunctions and Sander’s corporate ties. Local 100 members only.]

    

To his credit, Toussaint has not yet bowed down to the courts by pledging to never strike again – at least not in public. [P.S. That doesn’t automatically mean striking!]. To pledge to never strike  would mean losing serious contract leverage on wages, reforming health care, pensions, and discipline. However in 2006, after our “no vote,” Toussaint promised on TV that we wouldn’t strike again in ‘06, much to Kalikow’s delight. We must keep the pressure on!      

 

NEW MTA-TWU ‘PARTNERSHIP’ IN ACTION?

 

ATTACK ON C.T.A. PICK RIGHTS

 

A three-month Station Cleaner (CTA) “pilot program” begun on September 16th will keep CTA’s at just one station for 8 hours. What’s wrong with that? These 57 bid jobs, which include all tours at many stations on the L, #1, #6, and #7 lines, are violating the seniority and pick rights of CTA’s not in the pilot that worked in those stations. For those not in the pilot, hours and RDO’s (based on family needs, school, etc.) are now screwed-up.

 

This violation of pick rights sets a bad precedent for upcoming contract talks.

 

Said CTA Marvin Holland, “My opinion is members should never have anything effect them during a pick. Pick and seniority rights are sacred.” Holland says the pilot could work but it shouldn’t violate CTA rights.

 

The pilot bid memo says, “Cleaners currently working these stations have been consulted.” Oh, sure. Without TWU support, CTAs felt they had no choice but to submit to changes. Holland says it should’ve been introduced only after serious discussion with CTAs.

 

At meetings, CTA officers said they didn’t know about a formal agreement, but referred to a deal made by TWU VP Andreeva Pinder and Division Chair Jamel Chisholm. So far, nothing has appeared in writing. In any case, it stinks. Chisholm says the pilot is covered by “management rights” in the contract. “The end justifies the means. We got 150 jobs,” she says.

 

The provision has long existed, but that doesn’t give the MTA the right to violate pick rights. If ‘management rights’ allows unlimited discretion, then why is there Civil Service law? What’s more, the union can say “no” to pilots and stop them.

 

Some CTAs were present at the pilot program meeting with the MTA and saw how the union was just going along with it and felt abandoned.

 

In Aug., Chisholm announced changing monthly section meetings by title to every 3 months for CTAs, Revenue, and Supply and Logistics. The meetings were “too small,” she said. The changes were passed by the Local 100 Executive Board.

 

The changes are 100% wrong (and convenient in ducking the pilot’s fallout). The small meetings are due to a top-down style and two disorganized contract fights that ended in givebacks. That’s the problem, not the membership. Fix it and members will come to meetings!  

 

TRACK OUTRAGE!                                                       

 

Track workers, Daniel Boggs and Marvin Franklin, were murdered in April by decades of MTA indifference and arrogance. In August, a joint MTA-TWU Board of Inquiry found management guilty of violating safety, yet no supervisor was fired, let alone jailed. Just one supervisor was demoted, that’s’ all!

 

The MTA must be prosecuted. Guilty supervisors and MTA Board members must go to jail. Attorney General, Andrew Cuomo (Democrat) has said nothing about prosecution. To not offend former Governor Pataki, former Attorney General Eliot Spitzer was silent after previous track deaths, but also when the MTA/Pataki was caught lying about deficits and construction costs. As Governor, the Toussaint backed Spitzer is strictly kid gloves with his MTA.

                                         

Hey, are transit workers just garbage? For the families of Boggs, Franklin and others this has meant families without dads!

 

But what about a TWU lawsuit? How about mass meetings to organize shutting down unsafe work? Or a big protest? Oh, noooo! Instead, Toussaint boasts of a new “partnership” with the MTA that is deadly for workers!

 

We’ve heard much about RTO TWU V.P. Curtis Tate being part of a joint MTA-TWU investigation. But the entire elected Track Safety Committee and former TWU MOW V.P. Pat Lynch (Track) were excluded because they question Toussaint.

 

In August, the panel recommended only a few safety changes. The TWU gave it legitimacy while voicing only mild criticism. The TWU supported the MTA’s concept of changing “the culture” of track safety (read: blame workers and the MTA). Yet, the report found management, not workers, guilty of violations!

 

HELL NO TO MTA “PARTNERSHIIP!”

 

The new Track Safety Bill passed in July mandates no safety standards. It merely sets-up a three-way committee of the MTA, TWU and a rep picked by the City. It can only recommend, not enforce, safety.

 

The Bill is the toothless stepson of a stronger bill killed in Albany by the same politicians Toussaint urged us to visit during our “Lobby Day.” As the Spitzer- MTA “partner,” the union did not demand that the MTA withdraw opposition to a stronger Safety Bill, which included an up to $10,000 fine for individual supervisors. Democrats, seeing Republican opposition, folded without taking a stand.

 

Since then, track conditions remain unsafe. On September 6th, two track workers were nearly killed in accidents due to improper flagging. In October, Power Maintainer Brendan Sheil told “The Chief,” “There are some differences with flagging, nothing major. Its….for the most part status quo.”

 

Former acting MOW V.P. John Samuelson told the “Bulletin,” “There’s no safety rule improvements, no radios, no updates from Roger about the (Safety) committee. Its all veiled in secrecy.“ 

 

JUDICIAL SYSTEM FOR HIRE

                                                                                                          

Judge Bruce Balter’s ruling on dues check-off is another example of how corrupt and beholden to bosses is the justice and political system. Balter is a pro-death penalty conservative and a product of the corrupt Democratic Party “judgeships for hire” empire of the now indicted Brooklyn Democratic Party boss Clarence Norman. Balter paid “rent” to Norman ’s clubhouse during his election, wrote veteran journalist Jack Newfield.

    

The current Democratic Party Attorney General Andrew Cuomo, also forked-over cash to Norman in his pathetic bid for Governor. Cuomo is an off-camera pal of key George Pataki ally, Joe Bruno, the Republican State Senate leader.

    

The Toussaint endorsed Eliot Spitzer also forked over money to Norman for his own Attorney General bid in the ‘90’s. As Governor, Spitzer hired Norman buddy and one-time Balter consultant, Carl Andrew. After contributing to Norman, NYC Comptroller William Thompson hired another of Clarence Norman’s cronies.

    

During our 1999, 2002 and 2005 contract fights, NY State Attorney General Eliot Spitzer, son of a top real-estate millionaire, wrote injunctions for the MTA that threatened every TWU member with massive fines and jail.

    

In 2006, based on the MTA-Spitzer injunctions, Brooklyn Supreme Court Judge   Theodore Jones slammed us with the loss of dues check-off, a $2.5 million fine and jailed Toussaint. Jones, another product of the Brooklyn Democratic Party, received the endorsement of all big business parties: Democratic, Working Families, Republican and Conservative.

    

As a big thank you from every boss and supervisor, one of Spitzer’s first acts as Governor was to promote Jones to the NY State Appeals Court , NY’s highest.

     

At a recent Stations meeting, I exposed Spitzer’s betrayal. Division Chair Jamel Chisholm responded with what surely is Toussaint’s excuse: Spitzer promoted Jones because “he was next in line.”

    

Bull. Spitzer APPOINTED Jones to the top judgeship. Jones was just ONE of SEVEN candidates for the Appeals Court. There’s no judgeship succession similar to our seniority system. You must kiss the MTA’s butt to get ahead in the Republican and Democratic parties!! An article on the appointment appeared in the law magazine “Judicial Reports,” which said, “Judge Theodore Jones did what Attorney General Spitzer asked.“ 

    

‘Nuff said? Working people need their own party, a fighting labor party! 

 

SPEECH TO THE MTA FARE HIKE HEARING NOV. 8TH

 

Hello, my name is Marty Goodman. I’m a Station Agent and an anti-war activist. I served nine years on Local 100’s Executive Board. I was proud to strike. Striking is a human right – without it workers are slaves.

      

I say, “hell no to this fare hike!” Roll back the fare and re-open booths! Don’t fall for anything you might hear from this Board about deficits!

      

In our 2002 contract, we had a 1st year zero increase due to so-called deficits. In 2003, audits exposed the board as liars that hid a $500 million surplus during contract talks.

     

Even so, transit passed a 33% fare hike in ‘03 with the promise of no service cuts. That year 62 token booths were closed. Worthy of Mr. Bush, they called it “service enhancements.” 

     

We need a board that’s not a political plum basically for rich white guys. Let the TWU and riders run this damn system!   

     

As governor, millionaire Spitzer is MTA chief. As Attorney General, he wrote three vicious injunctions against my union as MTA hit-man. He let Wall Street mega-crooks walk out of court, but helped jail Black union President Roger Toussaint.

   

Spitzer has a corporate mindset. So does Spitzer appointee, Eliot Sander.  Sander was a senior V.P. at a prominent company DMJM. In New Orleans , DMJM were Transit Authority consultants. To save money after Katrina, DMJM recommended New Orleans transit lay-off half the workforce and slash bus service: Read double slam the black community. Was Sander involved? I don’t know.

    

DMJM’s parent company, AECOM, received $1 billion in government contracts, 85% from the Defense Department and Homeland Security. AECOM and DMJM had big contracts in Iraq during the bloody occupation.

    

Mr. Sander now says he’s looking at our health benefits for savings. Mr. Sander: Hands-off….way off!! Our ’05 contract had a 1st ever weekly health care deduction, despite a year-end health fund surplus and a $1 billion MTA surplus.

    

This is the richest city in the world, but they want MTA funding on our backs. In the last 30 years, we’ve seen vast sums transferred from working people to the rich under every president.

    

This fare hike is business as usual. Charging the jobless to pay more than $4 to go apply for a job is nuts. How many poor people do you want to lock-up MTA?

Hell no to fare hikes - not now, not ever! 

 

IN BRIEF  

 

-Union Democracy: Several union officers and stewards critical of Toussaint are stripped of union titles in dues controversy. See “The Chief” at www.thechief-leader.com (September - November).

 

-Private Bus Lines: Still no contract since 2002 for Queens PBL. In MTA takeover, Transit offered Queens inferior pension & pay, despite surpluses. In September, E. Sinonna, is appointed, not elected, as TWU PBL V.P. over protests.

 

-Station:  The MTA wants to give us cell phones, says a flood review. OK, submit it to the union. But first, why not give us correct, timely info over booth speakers? 

 

 

 

 

 

Human Needs, Not Profits!