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Contract Bulletin #19

by Marty Goodman, Station Agent  /  August 30, 2009

 

 

THE CONTRACT: FIRST YOU SEE 4% AND THEN YOU DON’T

 

The arbitrator’s contract decision gives us raises of 4%, 4% and 3% over three years. Despite the hype, our 4’s are LESS than both 4’s in DC 37’s 2-year contract.

 

In one sense, Toussaint’s rhetoric echoes billionaire Bloomberg and the corporate press about 4% raises. No one wanted to explain what we really got.

     

Luckily for all of them, members can’t vote on the contract. This Bulletin has always said, “Hell no to arbitration! We have the right to vote on contracts!”

          

GIVE US OUR MONEY!

      

The MTA criminals, controlled by Gov. Paterson, are appealing the raises in court. It may take a year says the union.

     

Instead of mobilizing for a good contract we went to arbitration. Once again arbitration became a trap. Now we’re stuck waiting on so-called impartial courts (Remember the Taylor Law fines? Hello.).

      

We must mobilize our anger. We need an emergency local-wide mass meeting to discuss and vote on a strategy. We’re going broke! Give us our money NOW!

 

THE RAISES

 

Here’s what’s actually in the contract:

 

2009: A 2% raise retro to April 16, not January 16, 2009, the first day of the contract. No 4% raise for the first three months means a Station Agent at the current rate of 40 hours at $24.715 an hour would have earned about $514 more if a 4% raise was in effect on Jan. 16.

      

The second half of our so-called 4% raise this year is another 2% raise on Oct. 16. The loss of the remaining 2% of the 4% between April and Oct. would have earned an SA about $514 more. The delayed raises cost Station Agents a total of about $1028 in ’09. [The Oct. raise is not based on the April raise; that is, not “compounded.” Another rip-off.]

      

With no raise at all until mid-April, and not reaching 4% until the last 2 ˝  months of the year, our AVERAGE raise over the course of the entire first year is about 1.83%. Last year, the cost of living rose 3.9% in the NYC region (Source: Bureau of Labor Statistics). Our last raise was 3.5% on Dec. 15, 2007.

      

Is this “The Great Train Robbery” that the Daily News, the Post, the MTA and Bloomberg rant about? Yet, they have no problem with huge MTA payments made to Wall St. crooks on tax-free MTA bonds!

 

2010: A 2% increase on April 16 and a  2% increase on Oct. 16, 2010 (compounded). If there was a 4% raise on Jan 16., instead of April 16, SA’s would have earned about $535 more. Between April 16 and Oct 16, SA’s would have earned about $535 more with a 4% raise on Jan. 16. Total income in 2010 would be $1070 more if the 4% was in January. The AVERAGE raise in ‘10 is about 1.83%.

2011: A 3% raise on January 16.

 

With the “compounding” of raises, the increases by contract’s end will be 11.28%. However, by not having our two “4% raises” on Jan. 16 the total lost by S.A.’s in 2009 and 2010 is about $2098.

 

MORE ON THE CONTRACT

 

Increases to our healthcare contribution are frozen at 1.5% and no longer include overtime pay. Earlier promises by Toussaint to fight to reduce the 1.5% to 1% never happened.

[NOTE: The 1.5% must be eliminated, especially since we don’t know where it goes! In ’06, Mike Jerome, Toussaint’s ex-healthcare head, said our 1.5% contribution gave the MTA $31 million for a benefit worth only $13 million. The MTA must tell us where our money went!]

 

Station CTAs, as the new Station Maintainer Helper, will perform tasks once performed by $25 an hour Maintenance of Way workers.  The scheme, generally known as “broad banding,” will have CTAs perform the work of another title – a key MTA goal. 

One Person Train Operation (OPTO) downsizing is over – for now. Good, but in 2008 Toussaint showed a willingness to expand OPTO and sell us all out. 

 

The “Regional Bus” (RB) downsizing scheme would combine MaBSTOA, TA Surface and MTA Bus (the old Private Bus Lines). It is opposed by the rank and file. Fortunately, RB isn’t in this contract. But the groundwork for RB is proceeding with route changes and seniority mergers of different workforces. What’s more, MTA Bus will get their raise 3 months AFTER we will. MTA Bus workers finally get pay parity (equality) with city bus workers late in the life of the contract in April 2011, a big rip-off. Their pensions remain inferior to city bus, workers say.

 

Rumor has it that we’re losing our dental benefits. Not true. We’re keeping dental, but some unknown (secret) union demand was rejected by arbitration.

 

The arbitrator was happy to include a post-holiday January 15, 2012 expiration date, no doubt with Toussaint’s OK. Our strategic Dec. 15 pre-holiday expiration date, achieved only after many years, was part of the sellout deal to end the strike.

 

The contract went to arbitration without a real fight.  Only with the threat of 1,200 layoffs did we have a modest rally in April, many months after the threat was made. The contract is less than what we could’ve gotten if the union mobilized our membership. This Bulletin demanded that the TWU leadership call extra local-wide mass membership meetings to organize a massive fight, like the 12,000 strong rallies of the past. The TWU could’ve led a movement that said hell no to making working people pay for Wall St.’s crisis.    

 

KEEP BOOTHS OPEN! NO TO CTA CUTS!

 

Despite funding from Albany, the MTA criminals are going ahead with their plan to close 102 booths in September.  More may close next year.

      

The MTA’s preliminary budget for 2010-13 also calls for slashing 88 Station Cleaner (CTA) jobs by attrition (not filling jobs when employees leave). 

   

The cuts are part of the ongoing attack on unions and public services. The MTA will vote on them in December.

    

When the MetroCard (AFC) was introduced in the ‘90’s, the MTA spoke of slashing 800 Clerk’s jobs. Cutting jobs and service remains their goal.  

 

HANDS OFF JOE SEXTON OF MTA BUS!

 

Bus driver Joe Sexton is a long time union activist and the elected TWU Queens Private Bus Lines (PBL) Division Chair. He’s being framed on dismissal charges. Sexton is near retirement and needs the support of Local 100 members!

    

The night before a pick, Sexton posted a notice in his barn advising members that TWU Pres. Tate and the MTA, which now runs PBL, agreed to a 15 minute pick time, after the MTA said it would reduce it to just 5 minutes. (For years pick time was 20 to 30 minutes.) Says Sexton, “A union official told me we got 15 minutes.”  

      

Sexton did his job as a union activist, even though he had been stripped of his release time by Toussaint’s unelected appointee, PBL Vice. Pres. Enzo Sinonna.

      

However, the next day the bosses implemented the 5 minutes anyway. Management then slammed Sexton with dismissal charges for posting his sign. Superintendent White said he was one of a group of “saboteurs undermining business everyday,” says Sexton. He was accused of several violations, including “conduct unbecoming,” and taken out of service on Aug. 7. The next day a supervisor called it, “a job action.” 

      

Says Joe, “A little over 2000 former PBL workers have no protection from MTA management. We’ve got a 19th century discipline system in the 21st century. We’re in the Wild West!”

       

Sexton has been framed again and again. He’s a target because he stands-up to management and union sellouts. TWU activists have formed the “Joe Sexton Defense Committee.” We demand that all charges against Sexton be dropped and all harassment cease. Call 212-781-5157. 

      

Sexton also railed against the new MTA Bus contract, which has raises 3 months after NYCT. Says Sexton, (OVER) (SEXTON) “Our worst fears were realized with TWU Treasurer Ed Watt, an ex-bus driver. We wanted our contract to mirror MaBSTOA, but Watt was against it. We needed a discipline system with pay and pension parity. We got robbed.”

    

“In ‘06, Watt had a vote of our contract committee, with VP Sinnona and his cronies. It was 7 to 5 for a MaBSTOA style agreement. A 2nd vote, after arm-twisting, was 7 against, including the VP, and 5 for.

      

“In 2005, the MTA took over without a union rep on the property,” said Sexton. Joe challenged Tousaint’s recent claim that there’s no RB at MTA Bus. “It’s a lie. The groundwork for Regional Bus is here right now.” He added, “We had the least and gave away the most.”

 

JOBS

 

The MTA’s July preliminary budget includes, “the assumption that labor will contribute through productivity and labor savings.” The TWU leadership must come clean and reveal any secret downsizing agreements with the MTA criminals!

    

However, you would think that the MTA would reconsider closing booths after it received $1.8 billion from Albany after NY State received federal stimulus money.  In addition, riders were slammed with a 10% fare hike.

    

The cuts are even more unnecessary given a new law, which allows federal aid to be used to balance the budget.

    

In ‘05, there was a “job security” petition addressed to Toussaint demanding a contract agreement guaranteeing that booths stay open and that all Station Agent jobs be preserved. The petition was signed by hundreds of members, but dismissed as “just a leaflet” by Toussaint. If our strike was well organized and had clear goals, it could have forced the MTA sign an agreement that would preserve booths and protect all S.A. and CTA jobs!

       

Saving booths is a Local-wide issue that should have meant mobilizing the entire membership to save jobs – by any means necessary, including job actions.   

       

Members are encouraged to speak-out at a September 2 public hearing on spending on MTA projects. You must sign-up to speak in person. It will be held at 4:30 pm at the MTA at 347 Madison Ave. at 44th street (take any train to Grand Central). Also, Take Back Our Union (TBOU) is leafleting riders. See www.Tbou.org for schedule.  

 

SUPPORT THE STELLA D’ORO WORKERS!

 

The workers at Stella D’Oro Biscuit Co. in the Bronx were on strike for 11 months, standing their ground against union busting. Stella’s owners, the vulture capitalists Brynwood Partners, tried to slash wages, pensions, healthcare and holidays. Not one worker crossed the strike picket line and scabbed!

    

In July, a court decision ordered Stella D’Oro to bargain fairly and let the strikers back to work. That same day, the treacherous Brynwood bosses announced that it would close in 90 days without big concessions from workers. In essence, they are saying accept non-union conditions or we’re shutting down!

     

Labor must mobilize to demand that Stella D’Oro stay in the Bronx and negotiate a contract without givebacks!

      

On Saturday, Sept. 12, NYC’s unions will hold its annual Labor Day Parade. The Central Labor Council has declared Stella D’Oro workers the theme of this year’s parade. The Stella D’Oro Support Committee encourages all union members to march with the Stella  workers. Join us at 45th St. and Madison Ave. at 10:00 A.M. For more info go to www. stelladorostrike2008.org.

      

Let’s make sure there are plenty of  TWU members there!

  

BOOK INSULTS 2005 CONTRACT OPPONENTS

 

A book called “Low-Wage Capitalism,” by Fred Goldstein, gets some things right about our strike but he also regurgitates Toussaint’s lies about his opponents.

    

Below I quote and examine, Goldstein’s misrepresentations. (P.186, World View Forum, 55 W.17th St., NYC)

               

GOLDSTEIN: “An unprincipled opposition in the local campaigned against the contract, which was defeated by just seven votes.”

 

TRUTH: The main opposition to the contract and strike sellout was “Transit Workers for a Just Contract,” composed of members of the “New Directions Caucus,” which Toussaint used to take over. [None of the current so-called “opposition” candidates were active in the committee, except RTO’s Downs & Harrington.] Without evidence, Goldstein falsely accuses TWJC of an alliance with the strike breaking International against Toussaint. Ironically, Toussaint was just promoted to VP in the TWU International!  

 

GOLDSTEIN: “Later on, the same contract was submitted to the membership and overwhelmingly accepted.”

 

TRUTH: Toussaint conducted a fear campaign about going to arbitration (irony!!). His supporters were caught red-handed using their union jobs to promote an undemocratic second vote. Most people read the contract and knew what they were voting for.  They weren’t idiots!

 

GOLDSTEIN: “The critics who had originally sunk the contract aimed their fire at Roger Toussaint, the president of Local 100. But, in reality, the overwhelming factor…..was the refusal of the city’s AFL-CIO labor leadership to bring to bear the power of the organized working class.” 

 

TRUTH: Yes, the AFL-CIO leaders betrayed us; Toussaint’s critics agree. For TWU members, however, the point is Toussaint didn’t organize the strike, and, out of fear of the membership, relied on politicians and labor leaders who betrayed us. The strike was ended while the city was still shutdown. Despite a $1 billion MTA surplus, we got a contract with a 1st time 1.5% healthcare contribution, mediocre raises and a new post-holiday expiration date.

    

Goldstein is not alone. Much of the so-called Left accepted the Toussaint line, including Daily News columnist Juan Gonzalez. Gonzalez’s hypocritical article on the contract debate didn’t even contain one quote by a contract opponent.  Gonzalez had already interviewed me by phone, but he could’ve also quoted any of the thousands who also voted no. (Note: The TWU helps fund Gonzalez’s WBAI radio show)

    

Those like Goldstein, who say they side with labor, do it with unthinking loyalty to leaders. Many leaders led strikes, but many also sold them out, bowing to Democratic or Republican  politicians. Many leaders are undemocratic. Goldstein needs to study history, not just Roger’s press releases.  

       

Now, many of those who say they opposed Toussaint may have the member’s votes to take over in December. What will Goldstein say then? 

 

CAN MTA BOSSES BE OUR FRIEND?

 

Roger Toussaint and even some TWU members would have you believe that ex-MTA CEO Eliot Sander was our friend. Sander is credited with negotiating what became the basis of the arbitration award. Some say he was more flexible than former MTA boss Kalikow. Maybe, but I say Sander represented the same corporate outlook of all MTA Boards.

        

Don’t forget that this “pro-labor” Democrat threatened us with 1,200 layoffs. When he announced it at an MTA meeting it was my pleasure to shout out at Sander, “They ought to lay you off!” 

        

Sander also demanded more health care concessions; scheduled job cuts and had the MTA take a loan from the retiree health fund. He threatened working people with a 23% fare hike.

         

Rather than halt the MTA’s huge interest payments to Wall St., Sander threatened both riders and workers.

         

Sander asked the MTA’s anti-TWU law firm, Proskauer Rose, back after these bums walked out of negotiations.

        

Sander is re-joining the AECOM Corporation, which has had huge building and military support contracts in Iraq during the illegal U.S. occupation.

         

His subdivision, DMJM, promoted E-Z pass technology, which is used in the “tap and ride” smart card in midtown. It aims to further downsize our jobs.

          

In New Orleans after Katrina, DMJM advisors to city transit recommended laying off bus drivers for budget reasons.

          

Sander was appointed by a “liberal” Democratic Spitzer - Paterson administration. First thing, Gov. Spitzer promoted the judge who hit us with fines. As governor, Paterson threatened mass layoffs to balance the NY budget. He also threatened us with an inferior pension.         

          

Some MTA bosses use sugar to get more concessions but their goal is still  keeping us down.

 

 

Human Needs, Not Profits!