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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?
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