Tripartite arbitration

We wonder why there is elimination of tripartite arbitration - it is only available on medical arbitration. Why has it been eliminated on the discipline arbitration in addition to contract grievances? We here in why did you join the union say that it should be reinstated for the benefit of the TWU Local 100 members.

Tripartite arbitration is good if viewed in general for the benefit of the TWU Local 100 members. Here is why, first it gives the member of TWU Local 100 a second chance. However when a single arbitrator is in the current situation many are pro employer. We here in why did you join the union feel the TWU Local 100 members do not get that second chance. Secondly there is disagreement about who would pay for that, our response is the cost should be shared. Third there is the dispute that certain departments are doing fine with a single arbitrator thus they are hesitant of having tripartite arbitration. However when we look at the numbers of discipline meted out across the departments many are not faring well with a single arbitrator.

Based on the above looking across all the departments we here in why did you join the union demand the reinstatement of the tripartite arbitration in the contract of 2012.

William Rivera

We wonder what is the use of the monthly meeting of the TA Surface when during the whole meeting only two members are allowed to speak and others are not. We would recommend that the monthly meeting be called the John P Patafio and Jim meeting.

Clearly it is obvious William Rivera is ineffective in chairing the monthly meeting in addition to moderating the meeting for all to participate. Lets imagine if

William Rivera division chair of TA Surface were a teacher in a classroom full of students where he only favors one or two students over the rest in class participation. Regardless if that teacher is in a public, private or Catholic institute the parents will be mad. Obviously that teacher would not last one more day in the teaching profession and would be forced to seek another profession. However we are stuck with him till the election of 2012.

In the monthly meeting which was held at the Y on 63 Street on June 21, 2011 

William Rivera was talking to John P Patafio and Jim exclusively. Maybe this is their view of democracy where only three talk and the rest listen. We say this exclusion of others is unacceptable and morally reprehensible. It was obvious John P Patafio was talking so loud while the meeting was going on - we wonder why William Rivera was unable to call him out of order. It was Whitfiled Gibson a vice chair - called out one meeting - it was unclear why he was also unable to call out John P Patafio during the meeting thus indicating those who were in the podium were ineffective to ask for civility during the monthly meeting.

It was clear John P Patafio would not raise his hand like every other member but rather stand up which is itself a strange behavior of not following or adhering to the Robert rule of order. Not even once was he directed to be seated down and talk from the seating position - we wonder why that was allowed by William Rivera. Jim was the favorite of William Rivera since Rivera would not swivel or look left of the room to encourage others to participate. It is their monthly meeting to begin with - Jim was allowed to ramble as long as he wanted - we wonder why.

It is obvious William Rivera’s behavior at the podium is despicable for not allowing others who do not share his views to participate specifically his denigrating attitude directed towards Geraldo Torres chair of 126 Street depot. We here in why did you join the union say the TWU Local 100 TA Surface monthly meeting is for every member to be allowed to participate in discussions on the issues.

Stupid law

We here in why did you join the union believe that Georgia’s new immigration law is stupid. One may wonder why? We are far from Georgia however this stupid law is targeting our fellow brethren in public transportation in Georgia. The law requires for them to examine papers and documentation for undocumented persons. Since we are bus and train operators in New York City we feel this idiotic Georgia law should be struck down. We can not agree that our fellow brethren in Georgia be charged with felony or misdemeanor for simply doing their jobs operating a bus or a train.

It is unfathomable how New York City bus operators are assaulted for advising customers that no dogs are allowed on the bus. Imagine if the bus operators are required to ask to examine papers and documentation for undocumented persons. We here in why did you join the union believe transportation has nothing to do with immigration. We believe the judge will strike down this idiotic law.

JP Patafio

It is rumored that John Samuelsen president of TWU Local 100 is propping up John P Patafio building him to be the next administrative vice president in the election of 2012. First JP Patafio is a jack of all trades, master of none. Secondly we here in why did you join the union find he is ill suited for that position, he is not qualified to hold any union wide position - he is lucky enough to get appointed to a staff position by John Samuelsen. We wonder on what basis? It is also rumored that JP Patafio claims he has the support of all Brooklyn - that is a hollow ring which does not hold water. However if John Samuelsen relied on it previously he has to think again especially for the election of 2012.

John P Patafio on June 21, 2011 - on the monthly meeting for TA Surface operators revealed how hollow his thinking was especially when he opened his mouth regarding the issue of the transit lock box bill - if he were a student we believe he would have earned an ‘F’ grade from his teacher. The question was posed as follows: if the transit lock box bill (S4257C-2011/A6766C-2011 Adds a new section 182 to the executive law prohibiting the diversion of funds dedicated to the metropolitan transportation authority and its subsidiaries to the general fund in certain instances - which has passed both houses of New York State Legislature now forwarded to the governor who has ten days to sign the bill to be law) passes both houses of legislature in Albany and reaches the governor’s desk - what if the New York Governor Andrew M Cuomo vetoes the bill? The question was directed to the podium not at JP Patafio. However Patafio had an instant knee jerk reaction by standing up and hollering that in the fall when the legislature house resumes from summer vacation we would start all over again.

At least when the same question was previously posed to John Sameulsen and Brian Clarke they bit their tongues and kept quiet realizing that if the issue reaches a dead end then maybe it would be fruitless to pursue the matter again. A smart person once they realize that the governor says no then they leave the matter alone since there is no point of beating a dead horse.

However when it comes to John P Patafio, maybe he thinks he can force the governor of New York State to sign the bill thus we say he is not suitable for any position. His demonstration of inability to sit down like every other member in a monthly meeting causes one to question his mental ability. Standing up without raising his hand in addition to interrupting others mid speech while they have the floor is deplorable thus rendering the meeting out of order. When a question is directed to the elected officers on the podium John P Patafio would jump up and start to answer it (maybe those elected officers at the podium are dunces thus JP Patafio has to answer for them) maybe he believes he holds the holy grail.

John P Patafio tried to profess the knowledge of the Triborough Amendment which he failed at by calling it the Triborough Commision which is inaccurate. Despite numerous efforts from members to correct him he would not yield. That is a faulty sign of being unable to listen to others when he is advised he is wrong. Maybe this will help him learn something about the Triborough doctrine (in its 1972 decision Public Employee Relations Board (PERB) interpreted the Taylor Law to prohibit employers from changing terms and conditions of employment while a successor agreement was being negotiated. This principle became known as the Triborough Doctrine) - The 1982 Triborough Amendment to the Taylor Law prohibits a public employer from altering any provision of an expired labor agreement until a new agreement is reached. This amendment, which was originally approved with the strong support of unions, has the effect of requiring automatic pay increases where a salary step schedule or longevity schedule exists, even though the labor agreement has expired. Consequently, a public employer's salary costs continue to rise even when labor negotiations have reached an impasse.

The republicans view the Triborough Amendment as one that undermines the collective bargaining process by discouraging unions from offering concessions or givebacks. As long as no agreement is reached, the terms of the current contract remain in effect. Not only is New York the only state in the nation known to have such a requirement, but in the private sector, where collective bargaining has existed for more than 60 years under the National Labor Relations Act, no similar obligation is imposed upon employers who are parties to a labor contract - contrary to current claims, Triborough has not tipped the balance of negotiating power unfairly.

It is obvious John P Patafio has discredited himself in addition to his engineering of non holiday pick (hybrid schedule) without thinking how it will impact the members in the future in diminishing their income. Based on the above he failed on principal and moral tests substantively thus he has put himself in a bad place.

NYC Bus Operator Viciously Assaulted

NYC Bus Driver Viciously Assaulted After Argument With Rider Over Small Dog bus operator Marlene Bien-Aime

Bus operator Marlene Bien-Aime assaulted.

We wish you a speedy recovery and get well

Bus operator assaulted doing her job.

Enough delay, speak to the executive committee

Contract of 2012 is coming soon however John Samuelsen president of TWU Local 100 is not speaking or meeting with the members of the executive committee but rather he has delegated that duty to Cornell University - we wonder why.

We here in why did you join the union demand that John Samuelsen get together with the members of the executive committee to prepare, discuss or at least air their views about how to proceed in procuring the contract of 2012 for the TWU Local 100. It is also strange that Cornell University was picked out in helping to shape the contract demands. In our view there are many other educational institutes in New York City.

We here in why did you join the union believe City University of New York CUNY, 

State University of New York SUNY, Columbia University, Fordham University, St. John’s University, St. Francis College, Pace University or even Manhattan College are able to guide TWU Local 100 in its contract negotiations as advisers or any role perceived. We wonder what was the selection criteria that John Samueslen used or why he overlooked those other educational institutes?

Hopefully the contract of 2012 will be the defining moment of the John Samuelsen president of TBOU - take backward our union with his numerous pledges prior to the election when he stated that he was ‘capable of getting good contract’. Now he has to prove that by deed. We here in why did you join the union believe he has erred in both deed and manner. That still hasn’t happened. What is holding up John Samuelsen from meeting the executive committee - your guess is good as ours. Is that an indication that nothing can be done? One wonders why? Maybe John Samuelsen does not believe in the principle that the early bird gets the worm.

Maybe John Sameulsen will be ready in the spring of 2012 when the pitchers and catchers hit the field in 2012 - TWU Local 100 members need and want a contract of 2012. What is the problem?

Chris Tobin

MTA approved the release of its regular board meeting minutes of March 23, 2011 on April 27, 2011. While you review the minutes you find one member of TWU Local 100 was among the public speakers, Chris Tobin. Specifically upon further scrutiny on page seven under section two - public comment period.

It is incomprehensible why a train operator, Chris Tobin a member of TWU Local 100 will applaud the Board and MTA as many of you feel betrayed by his constant publicity stunts of befriending the management. We wonder why - there is no coherent explanation especially in the face of TWU Local 100 members who are still laid off. 

Maybe it is indication from the rapid transit operation department under Kevin Harrington a known puppet of Steve Downs the grand vizier that approve of Chris Tobin’s views due to the fact that their department was not touched in the layoff of 2010 while other departments felt the pain of layoffs.

As to the moral issue let us in why did you join the union ask a rhetorical question to Chris Tobin. Could you live with yourself if you had the power in your hands to bring about a stop to the layoffs of 2010 to the TWU Local 100 members? What have you done to aid your fellow TWU Local 100 members who were laid off besides contributing to the robber baron solidarity fund? Remember those hundreds of laid off members are the best that TWU Local 100 has to offer - they are struggling in their daily lives, they are still out there waiting for recall - where’s the morality in that? 

Access to the time card

We demand that members of TWU Local 100 should be able to review their time card to check for human error. It is a known fact that there will always be a human error thus to ameliorate that human error TWU Local 100 members should be able to access their time cards through the internet in a manner of reading only. In the event that there is an error it can be raised to the management to be corrected.

Second the member of TWU Local 100 should be able to view his/her work schedule and print it from anywhere due to the fact that the printers at the work sites are out of order a majority of the time. Thus it is a contributing factor for unsafe work conditions. We demand that in the event that there is an incident while the printers are out of order that no disciplinary action or penalty be imposed towards the members of TWU Local 100.

Transparent, not

You’d have to be a real sour puss to believe those John Samuelsen take backward our union pledges. Who wouldn’t want to see no givebacks? Who wouldn’t want to restore no layoff clause to the contract? It would have been easy to characterize anyone who objected to the idea of members deciding our contract. Members not arbitrators should decide our contract. As the world’s biggest Grinch - hater of all things fun and a general misanthrope - if John Samuelsen with his take backward our union had been more transparent back then we would have known what we didn’t back then.

John Samuelsen president of TWU Local 100 head of the take backward our union with TBOU’s plan was to simply move TWU Local 100 backwards - those pledges are defunct now after that the details get a little foggy. How has taking backwards our union rebuilt TWU Local 100? Is TWU Local 100 under John Samuelsen with TBOU take backward our union a strong powerful union? All these questions are those that the membership are waiting to have answered.

It is understandable that now the membership feel lied, cheated or deceived with those promises - now the membership are left in the dark. In any organization the leader of that organization serves its constituents - for example Manhattan Soccer Club serves it’s athletes, and their parents. But the way John Samuelsen with his take backward union has run TWU Local 100 is more about serving the needs of John Samuelsen with his take backward cronies than the membership.

And it is arguable whether the membership now realize how the funds are being moved to the general account so John Samuelsen with his take backward union can gnaw the amounts that were recently received - they are $1.3 million security deposit that was paid by the TWU Local 100 in 2006 in addition to a $250,000 money held in escrow. Both came in the form of a check and were both deposited into the building account. However John Samuelsen with his take backward the union cronies voted to transfer the monies to the general account so he can have a free hand.

John Samuelsen may not be footing the bill for TWU Local 100, but the membership will have to live with it and should be given a greater say in how it is handled. It is interesting to see that this is one to run TWU Local 100 from black to red. Clearly here John Samuelsen does not inspire the membership who is rather cautious. Clearly his next bid for office is gross. He claims his motives are pure but it doesn’t really matter, either way neither goal will be met if the membership doesn’t like it, or feel that he is taking away their membership dues. John Samuelsen with his take backward our union let us down in the 2010 layoffs now may be a repeat of letdown in the contract of 2012. 

If we knew then what we know now

The moment of silence is over and now it’s time to make some noise about John Samuelsen with his TBOU who have taken the TWU Local 100 union backwards. As a reminder do you remember his pledges prior to the election? What happened to all those John Samuelsen vows? Remember the ‘TOP 10 Reasons to Vote for Take Back Our Union We believe with the right leadership Local 100 can be rebuilt into a strong, powerful union capable of getting good contracts and protecting our jobs, wages, benefits and condition:

1) Stop the Givebacks

2) Restore No Layoffs clause to the contract

3) Fully protect seniority

4) Members not arbitrators should decide our contracts

5) Full 10% night shift differential

6) Free Healthcare - eliminate the 1.5 % Toussaint Tax, capping it is not enough

7) Improve the dental plan

8) A universal MTA pass including LIRR and Metro North

9) Get everybody to pay their dues arrears

10)Fully Represent the workers at MTA Bus, Mile Square, Royal Coach, Ardsley, First Transit and at every private company.’

It is unclear whether John Samuelsen with his TBOU are taking the union backwards - remember their empty rhetoric that was full of hot air. Just as Hillary Rodham Clinton said of George W Bush about her vote on the Iraq war ‘if I knew then what I know now’ the implication was clear ‘lies’ were utilized to get votes to go war. We believe the membership of TWU Local 100 fell into a similar situation - do you feel cheated.

TWU Local 100 members will be obliged to make a moral judgement based on John Samuelsen with his take backwards movement based on divine law.

Now is the time to ask John Samuelsen with his TBOU team what about those promises? Where did they vanish? Into thin air? We are raising awareness about being taken backwards instead of moving forward - now the larger question is how have things changed since John Samuelsen with his tacking backwards movement done to TWU Local 100. As many of you have said if we knew then what we know now we would have not done it.

Personal day

We here in why did you join the union demand that the personal day be carried over to the following year instead of losing that day if not used by December 15th. In addition we demand four days instead of one. A TWU Local 100 member should be entitled to four (4) personal days per year.

TWU Local 100 members should be permitted to use two (2) days of personal leave annually for emergency purposes provided that two (2) hours’ notice is given except in the case of proven inability to furnish such notice instead of the current restriction that the notice be given 30 days ahead. In addition the personal day must supersede the established quotas of the vacation - a personal day should never be treated as AVA. It is a personal day - it is ridiculous that there is no personal day on holiday.

A TWU Local 100 member should be entitled to time off with pay to vote in New York City, New York State and Federal elections, if and when necessary in accordance with the New York State law. 

Bonus pay holiday

$2.00 does not get you a gallon of gas or milk thus the needle has to move for the benefit of the TWU Local 100 members. We demand that bonus pay be raised to $4.00 and in addition the restrictions of that bonus premium must be removed. We here in why did you join the union say - first the bonus pay must cover the eleven holidays instead of four, secondly that bonus premium of $4.00 must cover the whole tour from reporting time to clearing time instead of work time.

Section 2.5 - Holidays (B) is old and was negotiated in the bygone days - it does not reflect the reality of 2012 and the future thus the number must change.

Weingarten rights

"Weingarten rights," an employee has the legal right to have a union representative--but not a  lawyer--present during a meeting with management if all of the following conditions are met: 

1. The meeting is an investigatory interview. This means that 

you are expected to answer questions in connection with an inquiry 

into possible wrongdoing or unacceptable behavior. Weingarten rights 

do not cover meetings where the communication is one-way; that is, 

when the purpose is merely to convey information to you or to notify 

you of a decision already made regarding discipline. 

2. Disciplinary action may result from the meeting. The law requires 

only that disciplinary action--of any severity--is one possible result 

of the meeting. 

3. You "reasonably believe" that disciplinary action may result. If there 

is a legal dispute over whether your concern about possible disciplinary 

action is "reasonable," the determination will be made based on all the 

circumstances surrounding the meeting: Has your supervisor previously raised the possibility of discipline? Have other employees already been disciplined for what you're accused of? Are you already working under the threat of a performance warning letter? 

4. You make a request for representation. This is another way Weingarten  rights differ from Miranda rights: your employer generally is under no obligation to inform you of your right to be represented. It's up to you to know your rights, and to assert them. 

We support you

We support United Food and Commercial Workers/Retail, Wholesale and Department Store Union UFCW/RWDSU Local 1-S against Macy’s Northeast Inc. (MOA) - those 4,000 sales associates, tailors, stock clerks, gift wrappers and other workers at the Manhattan store and three others in Queens, the Bronx and White Plains voted over the past week to authorize a walkout. We stand in solidarity with UFCW/RWDSU Local 1-S on behalf of fellow co workers of Transport Workers Union. TWU Local 100 supports our honorable fellow union brethren of Local 1-S who are seeking a just contract.

It is a breath of fresh air from UFCW/RWDSU Local 1-S that the workers rose up to challenge the corporate structure. We recognize those sales associates, tailors, stock clerks, gift wrappers and other workers who work hard and for long hours for the Thanksgiving day parade with all those costumes - we will be with you at Herald Square in seeking a just contract.

However when you look at the Amalgamated Transit Union - ATU 726 under Angelo Tanzi and ATU 1056 under I. Daneek Miller who are working without a contract - they are charlatans who do not listen to their members it’s absolutely a wrong move. Tanzi and Miller are the problem it is obvious their approach is useless and their policies are short-sighted. Maybe the best way to expose their flaw is that they are allowing their members to work without a contract - maybe now they might learn something or two from UFCW/RWDSU Local 1-S, the real union who believe in the principle of no contract no work. Tanzi and Miller the sham masters who are allowing their members to work without a contract are hurting and undermining their members and need to be called out on it.

The action of the members of UFCW/RWDSU Local 1-S will enhance themselves, their decision will lead to advance their bargaining status when they seek a new contract. We here in why did you join the union say bravo and are proud of UFCW/RWDSU Local 1-S.

No contract no work

If Amalgamated Transit Union (ATU) locals 726 and 1056 are unable to get their contracts in order and are still working with no contract then they have to blame themselves for that. However we in the TWU Local 100 believe in the principle of no contract no work. ATU 726 and 1056 like to talk on both sides of their mouths - the proof is that they are working with no contract. Thank god we are not part of Amalgamated Transit Union - we in the TWU Local 100 say no contract no work. It is obvious those ATU 726 and 1056 phonies with their misguided nonsense put their members in peril by working without a contract.

We would like to ask those ATU 726 and 1056 what they did for us when we had the strike of 2005? When we had the lay off of 2010 what did they do for us? You know the answer. However we speculate Larry Hanley the ATU International president has noted John Samuelsen’s desire to be photographed. Thus he got his useless cronies to put John Samuelsen as a co chair of the MTA Labor Coalition. Since they are unable to fight their own fight they need help from TWU Local 100. However there must be a cost for them to pay for our support.

For the past couple of weeks much has been said about the MTA Labor Coalition - we have seen those useless buttons it is clear Angelo Tanzi of ATU Local 726 and I. Daneek Miller of ATU 1056 are unable to secure a contract for their members. They turned their sights to Transport Workers Union Local 100 - they enticed John Samuelsen president of TWU Local 100 to be co chair of the MTA Labor Coalition. We know John Samuelsen’s weakness he works the cameras flash and video wonders.

Since those ATU 726 and 1056 are not adhering to the no contract no work principle - we here in why did you join the union believe they are phonies, just like that all that glitters is not gold. Tanzi and Miller talk on both sides of their mouth the proof is in the pudding they are working without a contract for the Amalgamated Transit Union ATU 726 and 1056. We definitely do not want to combine with the phonies who could not get a contract. 

It is clear Tanzi and Miller are unable to sit face to face and negotiate with the MTA thus they could not or have not achieved anything yet for their members who have been working without a contract for a long time. They call themselves a union but they are useless that is why they are putting their members in mortal peril. We here in why did you join the union are reminding John Samuelsen that we are the Transport Workers Union Local 100 and we should not hitch our wagon to the stars of ATU.

Tanzi and Miller are using every excuse possible for being unable to deliver a contract to their members. They must be told we are TWU Local 100 - we move New York thus whenever they see a TWU Local 100 member they should stand up and salute that member.

Benita Johnson

Ms. Benita Johnson got it wrong looking at it in anyway as an officer addressing any member. However TBOU are in the habit of not acknowledging their errors or at least trying to ameliorate their errors due to the fact that they are angels. Generally in any venue people are given the benefit of doubt not erroneous call coupled with nastiness. 

For example in athletics - specifically in baseball the umpire gives the benefit of doubt to the runner reaching the base by calling him safe unless the ball reaches the base before the runner does then he is called out. Whether that is in domestic or international bush, little, rookie, A, AA, AAA or major league even in the educational setting NJCAA or NCAA - this rule was clearly portrayed on June 2, 2010 when the Detroit, Tigers pitcher Armando Galarraga was on the cusp of throwing a perfect game when the first-base umpire Jim Joyce, called the Cleveland Indians’ Jason Donald safe at first base. Many had different views but the Umpire’s call was right since the rules give the benefit of doubt to the runner in a close call which was also seconded by the baseball commissioner.

Another example - The Judgment of Solomon refers to Judge Solomon who ruled between two women both claiming to be the mother of a child. It has become a metaphor referring to a wise judge who uses a stratagem to determine the truth, tricking the parties into revealing their true feelings. Specifically, the judge pretends that he will destroy the subject matter of a dispute, rather than allowing either disputing party to win at the expense of the other.

Clearly as indicated in those above examples you must give the benefit of doubt - to the one who shows or demonstrates hard work, persistence and determination.

Now Benita Johnson ‘recording secretary’ of TWU Local 100 - we do not know which principle or guidance she adhered to - our guess is TBOU’s principle of ‘bash the members one way or the other’. TBOU’s other principles as seen in the past was when they were saying not to pay your dues when Roger Toussaint was the president. We also remember many things that were said about Roger Toussaint whether about the 2009-2011contract or the 2005 strike. Maybe it would be great if we refresh their memories - we are not going to remake their history - those TBOU principles cannot be changed or forgotten now.

Coming to the nasty letter the facts are clear for everyone to see - first the dates have been altered that is obvious to the naked eye (no need for a microscope or Sherlock Holmes). Second the meeting was cancelled due to the relocation from 80 West End to 1700 Broadway - any judge would have given the benefit of doubt to the member for showing the effort that he was participating in meetings during the winter (instead of heading to his loved ones in the evening like many do) which results in the well being of his TWU Local 100 - that should be encouraged not persecuted. In addition TBOU is rallying around the flag - looking at this issue objectively rather than subjectively - it is unjust now Ms. Benita Johnson with TBOU must eat crow on this letter.

Benefits for HIV/AIDS, TB, Hepatitis or other contagious diseases

TWU Local 100 members who contracted the HIV virus, TB, or hepatitis or have developed AIDS, or any other blood borne pathogens or other contagious diseases as a result of a work-related incident or during the course of his or her assigned duty and discontinues working as a result of such illness will be eligible for continuation of medical benefits without interruption without a time limitation. MTA will assume all the medical expenses and costs associated with covering diagnosis as well as treatment or to the new prescription drugs being developed or new medicine procedures under developing stages associated with clinical research. In addition TWU Local 100 members will have no out-of-pocket expense for such diagnosis and treatment.

It is known that TWU Local 100 members are being spat at a rate more frequently than any other public employees - it is a fact that saliva carries numerous bacteria and contagious diseases. Thus saliva as a host and transmitting agent can affect the health and well being of the members of TWU Local 100.

In the event that a member of TWU Local 100 is spat at regardless of the circumstances that arose to such incident the MTA will be liable to the well being of the TWU Local 100 member.

Supplemental long term disability MTA will provide the supplemental long term disability plan for TWU Local 100 members and that plan will be administered by TWU Local 100. The cost of this plan will be the sole responsibility of the MTA. TWU Local 100 may invite members of the management from the MTA, other people, groups, or individuals to offer their advisory to the committee from time to time.

MTA obligation

Safety precautions MTA must acknowledge its responsibility to provide a workplace free from violence and recognized hazards that are causing or likely to cause serious injuries or illness.

MTA must implement a monitoring program consisting of air sampling under the direction of qualified personnel. The MTA must also monitor the level of chemicals, gases and vapors in the depots on a quarterly basis and post the results of such tests in an area accessible to TWU Local 100 members. The MTA must agree to adhere to Occupational Safety and Health Administration standards.

TWU Local 100 may add to any grievance regarding the health and safety matter at the arbitration. All those additions will be accepted and scheduled by the arbitrator within two (2) working days all such grievances shall be heard by the arbitrator after filling and heard within seven (7) workdays.

MTA must agree that TWU Local 100 will have the sole authority in establishing a health and safety committee whose primary function is to identify as well as order MTA to resolve issues pertaining to the health, safety and well-being of TWU Local 100 members. That committee will issue a monthly order to the MTA. TWU Local 100 may invite members of the management from the MTA, other people, groups, or individuals to offer their advisory to the committee from time to time.

Universal precautions MTA will maintain a universal precaution standard recommended by the Center for Disease Control on all the TWU Local 100 members. New Employees must receive training regarding such standards upon hire and once a year thereafter. All TWU Local 100 members must receive proper training regarding these standards at least annually. 

Safety equipment MTA must furnish proper facilities and equipment for the safety and health of all of TWU Local 100 members, conforming with applicable ordinances and laws.

Separation allowance/recall

Any member of TWU Local 100 who is being laid off because of reduction of number of employees in a job classification in any department or section or because the MTA elects to eliminate that title, a department or a section of any department must be paid a separation allowance of $500.00 for every month based on prior period of employment (length of service). For example if a member has worked for twelve years then the figures should look as follows 12x12=144x500=$72,000. This separation allowance will cover all levels of members of TWU Local 100 - part time, provisional, probationary or permanent. In addition those discharged will be reimbursed in cash value based on their pay rate for their sick - leave, vacation time, and personal day.

Any member who is laid off due to a reduction in number of employees shall be placed in a recall list for a period of five years from their date of layoff. That list will supersede all hiring lists till its exhaustion - those on the recall list will be recalled in accordance with their seniority intact entitling such an employee to be recalled to the job or title he/she had at the time of the layoff in accordance with his/her seniority and the current pay rate (not at the former rate of pay). Also MTA will not demand from the member of the TWU Local 100 the amount of separation allowance as a condition of recall or rehire.

Notice of recall shall be in a manner of a certified letter with a return receipt from the USPS to the last known address of the employee in addition to another notice of recall to be mailed to the TWU Local 100 to be sent thirty days before the recall date.

Say it ain’t so, Benita!

Back in March, Ms. Benita Johnson, the ‘recording secretary’ for the politically motivated John Samuelsen TBOU clique which has hijacked TWU Local 100, wrote a particularly nasty letter to a steward. It is morally reprehensible to address a fellow co worker in that manner - we believe she owes an apology to the co worker. It is awful behavior how she has utilized the union credit card for personal nature. It is obvious membership dues are not for her pleasure maybe she should be reminded of that daily. We here in why did you join the union upon reviewing her behavior found that it reminds us of the ex state senator Pedro Espada Jr. the poster boy for Albany corruption.

When she is not bashing fellow co workers she is missing in action from the main duties  - that is her bread and butter which is attending all executive board meetings. She has missed half a dozen of executive board meetings, she does not write or record by hand anything so what is her use for receiving $118,062 per annum? Maybe Ms. Benita Johnson is not aware that it is her job to live up to the standards of the TWU Local 100 members. Her coarse language projects a negative image of TWU Local 100 - sitting on the chair and breathing the air is not worth $118,062. You have to do the work of the recording secretary - meaning recording (hand writing all the discussions - so in the event when members or anyone wants to refer or check on the issues there is a paper trail which is missing as indicated in the auditors interim report). It is abominable that there is not documentation of the executive board meetings/executive committee meetings since handwritten documents are also part of the history of the TWU Local 100.

Maybe she will claim when she holds the pen on her hand to write she feels pain, numbness, or tingling in the hand or wrist. Or maybe the pen gives her increased pain with increased use of the hand. Those excuses are unacceptable maybe she will tell John Samuelsen writing is not part of her duties if TWU Local 100 needs a scribe then they should employ one - what a shame. We say Ms. Benita Johnson must be present and record all the meetings, with hand written notes to justify the $118,062 per annum. We demand from John Samuelsen that he should not allow her to skip her work and go on travel junkets because that does not benefit the membership but rather furthers neglecting her primary duties.

Now it is up to John Samuelsen to make it clear that she must live up to the standards of the recording secretary position in the TWU Local 100. After all as a recording secretary’s report card that looks at the opinion of the staff and the officers, she has already earned an ‘F’ grade from the majority of the staff and officers. They simply don't trust her. Her unrefined language could make things worse.

And it is true that Ms. Benita Johnson has been making efforts to patch up her rocky relationship with John Samuelsen but this effort is severely undermined due to the nature of her inability to do her primary duty. Specifically that which is to be present at all the meetings, and to write down all the discussions by hand. 

We criticize John Samuelsen with his TBOU leadership cronies not from malice or disloyalty, but because our love and support for our membership and the great institution that was once TWU Local 100 is total and unconditional. So Ms. Benita Johnson we support the membership and TWU Local 100 by demanding a union built on high standards with respect for their duties and the truth. Unlike the quisling TBOU that so blindly accepts the Vichy-style rule coming from the Tweed Courthouse.

Retraining and automation

Should the jobs of TWU Local 100 members identifiable or substantial to the portion thereof (more than 20% - one fifth) be eliminated by the MTA as the direct and immediate result of the implementation of its discretion of data processing equipment, computers or automated devices or systems (which eliminate human beings). TWU Local 100 members who are directly displaced should have a right to elect training to their liking.

TWU Local 100 members may elect to be trained for new positions which may result directly from implementation of such data processing equipment, computers or automated devices or systems. The MTA or the management will not use testing, personal evaluation and or medical evaluation for the new position but rather would consider that as a transfer with their seniority intact to govern such a transfer. 

In the event where the numbers of TWU Local 100 members for retraining exceed the jobs available then TWU Local 100 members should have a right of choice to transfer to another department - for those who completed the retraining successfully. For those who failed the retraining provided or are unable to complete such training those TWU Local 100 members should have a right of choice to transfer to another department. That member who failed that failure does not give grounds to be demoted due to his inability to complete the retraining. It is also not a pretext for a dismissal. That TWU Local 100 member will not be held liable for the retraining costs whether that retraining is in house or if an outside contractor is used, the costs will be paid exclusively by MTA.

Training/upgrade fund that is present in the current contract appears to put TWU membership in mortal peril i.e. the summer 2011 courses are useless if they do not advance TWU Local 100 membership’s skills whatsoever but rather are a waste of resources. Lets review what is being offered by TUF - you notice introduction to computer hardware I &II, introduction to networking, languages Spanish and defensive driving. It is not known if any member has advanced or benefitted from TUF - since now Walder is bent on having technology replace human beings. We demand all TUF courses to reflect advancement of the membership - courses which should be streamlined to the work with an eye to protect the membership.

We cannot wait till the last minute to react. We here in why did you join the union prefer preventive measures as those mentioned above to be added into the contract of 2012. While we know Walder’s intention is to move the MTA into the twenty first technology however that should not be the circumstance to phase out TWU Local 100 members. As we have seen metro card vending machines have replaced our brethren station agents. Likewise we are seeing his push for a one person train operator with the intentions of eliminating a conductor.

Suspension of service

In the event that there is suspension of service by war conditions, by orders, rules or regulations of either the three branches of government - the executive branch, the legislative branch or the judiciary branch or even the MTA itself for any reason then TWU Local 100 members must be paid their straight time of 40 hours a week. In addition the MTA must continue to contribute to the TWU Local 100 members pensions and any other benefit plans they have.

Regardless of the duration of the suspension of service whether it be a few days or months TWU Local 100 members must be paid straight time of 40 hours a week. Our current contract is not clear on this issue thus it must be added in the 2012 collective bargaining agreement between New York City Transit Authority, Manhattan and Bronx Surface Transit operating Authority and Transport Workers Union, AFL-CIO local 100 to protect the membership.

We cannot have a contract that does not speak to the protection of the membership even if in this case the scenario may be far fetched it is better to be safe than sorry. As it turns out events of the past year and a half have shown us not to be unfounded but rather prescient and right on target. Jay H Walder with his constant disparagement of the TWU Local 100 membership in his pandering speeches given to the MTA board as well as with his constant refusal to admit that the TWU Local 100 members are underpaid should cause even the most ardent of his followers to face facts and admit that Walder is anti union.

John Samuelsen president of TWU Local 100 with his recent speeches also does not add confidence to the membership especially with the recent HAVOC survey which forces the membership to pick what is important. We here in why did you join the union believe everything is important - zero giveback. However it is mystifying why we have to rate what is important - is it the intention of Samuelsen to trade what was not rated important? By implication requiring the givebacks is actually a call for the membership to self destruct. Samuelsen calls himself a labor leader but as the saying goes - with friends like him who needs enemies?

Job abolishment (elimination of title)/ severance pay

In the event of the permanent termination of a TWU Local 100 member due to job abolishment (elimination of title), department shutdown, installation of new machinery, etc., (events that are not work performance, conduct, or loss-of-seniority related) or in the event that a TWU Local 100 member is offered another position out of title in lieu of layoff - as a consequence of a situation described above and such where a TWU Local 100 member does not accept the position, such employee may select severance in lieu of the offered position.

Severance pay shall be paid to each such permanently terminated employee in accordance with the following for each month (thirty days) worked. The TWU Local 100 member shall receive $500.00 i.e. if a member has 12 twelve years of service thus the figures would look like this 12x12=144x500=$72,000.00.

The receipt of the severance pay does not mean that the TWU Local 100 member will not give up his rights. Instead the TWU Local 100 member will reserve all his rights in the events that they need (1) to file a grievance about the event giving rise to the option to offer severance, (2) grievance filled about TWU Local 100 member to be terminated, (3) TWU Local 100 member does not sign a general release. It is clear we cannot allow any further layoffs thus this is one way to skin the cat. If the MTA under Jay H Walder has further intent on reduction of labor or elimination of titles then members of TWU Local 100 should not go home with an empty hand. This must be added to the contract of 2012 - now it is up to John Samuelsen president of TWU Local 100 to rise to the occasion.

The “lack of work” means that the MTA appointing authority has a current or projected decrease in workload which requires a reduction of current or projected employee levels in its organization or structure. The determination of a lack of work shall indicate the current or projected decrease in workload and whether the current or projected staffing levels of the MTA appointing authority will be excessive. In either case no TWU Local 100 member should be left to go home empty handed. The MTA does not have a budget crisis as it can be noted from Jay H Walder including the executives with the management who are rewarding themselves with high six figure salaries. Thus it is incomprehensible that they should use the budget axe for job abolishment of TWU Local 100 members. We here in why did you join the union do not agree with that concept - we say no member of TWU Local 100 may be laid off as a result of a lack of funds within an appointing authority of the MTA. Whether a lack of funds exists or not -  while we know the MTA has over $100 million in reserves the issue now becomes how to protect the membership in the event of this tactic to be used by the MTA. Thus we here in why did you join the union believe in addition to the above severance pay rate that no member of TWU Local 100 should go home empty handed. We here in why did you join the union believe that would stop Jay H Walder on any thoughts of layoffs or job abolishment.