Assault

Currently there has been an increase number of assaults against NYC Transit Authority members of TWU Local 100 in the manner of spitting or laying the hands’ on the employees. That is where it becomes subjective based on human being reaction. Our employer wants all of its employees to avoid such incidents for their whole careers which is unfathomable. Fights with customers, even once a decade, are unacceptable by imposing a punishment of dismissal - NYC TA Rule 31 - is ridiculous since it paints only one scenario of ejectment of a customer.

The current New York Penal - Article 120 - § 120.05 Assault in the Second Degree - A person is guilty of assault in the second degree when: 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, bus operator, or station agent employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, he or she causes physical injury to such train operator, ticket inspector, conductor, bus operator, or station agent while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus.  Assault in the second degree is a class D felony. However we have not seen this law applied in any case - clearly here we members of TWU Local 100 have not benefitted the protection that this law confers upon us - it has become a joke among members of the public.

There are infinite scenarios that do not fit the rule 31 of ejectment. Lets imagine when a group of thugs tries the old, ‘I don't got no money, can you help?’, or some people are either stupid or in a hurry to get to their destination and don't like to be late, or they are immature, temperamental and desperate to get off at a location where the bus does not stop. Or an exchange with a member of the public regarding the availability of express train service on a particular subway train line, or spitters especially where the spit sound is clear - now the management wants to ascertain if anything was launched in their view we are gaming the system and they believe if you are a real New Yorker you just deal with it. We here in why did you join the union say it is ridiculous - leave the spit on do not wipe it out, call 911 - file a report with NYPD, go to the hospital by the NYFD ambulance (not on the authority vehicle) - get the medical report. Based on those reports you would be rightfully compensated and be able to recuperate. Do not sign anything the management hands you - have another set of eyes scrutinize what it is you are signing - otherwise the management will give you the run around later.

We also are aware the MTA has suspended a bus driver without pay and is

considering firing him because he kicked a passenger off his bus for smoking.

We also know a conductor who was employed since 1985. On April 14, 2006, the employee had a heated exchange with a member of the public regarding the availability of express train service on a particular subway train line. According to the arbitrator's factual findings, during the course of this dialogue, "not without some provocation from the complainant," the employee "forcefully 'laid hands' on the complainant." The parties on this appeal do not dispute the arbitrator's finding that the employee assaulted a Transit Authority customer. 

We here in why did you join the union believe the current grievance procedures of the collective bargaining agreement (CBA) entered into by the Transit Authority and TWU Local 100 are not sufficient and they do not empower the member. We demand from John Samuelsen with his TBOU buddies in the contract of 2012 to spell out a nice lawsuit against the spitter plus a good $100K compensation, which can solve such problems in the future.