Trial

Transport Workers Union of America, AFL-CIO Constitution - Article XX - Trial of Members - Section 1. In the event that the Local Executive Board decides that the charges warrant a trial, the Local Executive Board shall elect a Trial Committee of three members in good standing and shall designate a member in good standing to present the charges before the Trial Committee. The members of the Trial Committee shall be selected by the Executive Board specifically for the trial of such charges and no officer or member who is a party or directly interested in such charges shall act as member of the Trial Committee.

We are aware that there is a trial going on - we here in why did you join the union believe this trial is wrong. It is a farce that makes a mockery to the members in good standing. It is clear that there is power play which is a waste of time. We would advice John E Samuelsen to stop this nonsense. If certain individuals want to use the trial as a means to remove a member in good standing so as to create vacancy then that is absurdity. The By-Laws of the Transport Workers Union of Greater New York Local 100, AFL-CIO - Article IX - Vacancies (c) where a vacancy occurs during 18 months prior to the next regular election, it shall be filled by appointment by the Executive Board.

It is clear this maneuver is not good for TWU Local 100 especially when John E Samuelsen is going around claiming it is contract year we should be one. We here in why did you join the union beg to differ - we reject this power play whole heartedly. Do not use the trial as a means to remove a member in good standing then turn around and appoint another. Rather you have to wait like every other member who wishes to run till the election of 2012.

Assault

There is no question that TWU Local 100 members are frequently attacked for no reason at all while doing their work. It is noted that there are stickers in the buses or the trains that point out attacking a transit employee is a felony in New York State. However those stickers are not good enough deterrents to stop the assaults. On Monday July 25, 2011 a motorman Darryl George was assaulted by Richard Arrocho.

We would recommend that there has to be a monetary award for the TWU Local 100 from our employer in the event of an assault - at minimum $250,000 to be paid to the employee. We here in why did you join the union believe once the monetary element is introduced then our employer would be vigilant in safeguarding the TWU Local 100 membership. Without that monetary award to the benefit of the employee then our employer MTA should consider those assaults as the norm.

However that is not the case in the eyes of the TWU Local 100 membership - members who are assaulted need time to recuperate. That alone is not enough to get well those members with their loved ones have to undergo the ups and downs of the assault - they have to get over it, they have to regain their strength. We here in why did you join the union believe monetary award from our employer to the employee will go a long way to ameliorate the assault. Maybe the monetary element will be included in the contract of 2012

Pension contribution

Pension contribution should be enhanced for the benefit of the TWU Local 100 membership especially in the contract of 2012 similar to how the medical contribution was handled in the current contract. There is no issue that is dear to the TWU Local 100 membership like the pension. The issue arose in the titles that require physical toll due to the fact that when the average member is reaching the age of 55 to 65 they cannot do the overtime - they are tired and their bodies succumb to many medical issues by that time. Many who are in those titles feel that their contribution when they were younger was higher and they should have the right to pick their best five years from the first year of employment to the 25th year of service instead of the current restriction. The current restriction is based on the three best years that must come from the last five years of work. In addition those members feel that the MTA should match any monies that the member put in their retirement savings accounts 401K or 457K.

It is also accurate that the New York City Employees’ Retirement System - NYCERS is in the business of making monies not losing it. NYCERS realistically cannot change its plans just to oblige to a certain few (39,000 - TWU Local 100 membership). We here in why did you join the union believe that if NYCERS pays out more, then the contribution points have to be raised to whatever figure so as to balance their books - we are also aware that the TWU Local 100 membership if polled to pay more points then the majority will reject that thought. NYCERS is legislatively controlled that is another hurdle to overcome - also their plans have a safeguard mechanism. To be exact restrictions or caps in the event one wishes to embellish their pension are capped at ten percent.

We here in why did you join the union in the contract of 2012 prefer a blend of both. First the NYCERS plans should stay intact without any changes - we should not yield to the MTA idea of scuttle NYCERS plans in favor of the 401K or 457K. There should be a memorandum of understanding between TWU Local 100 and the MTA that requires MTA to contribute matching funds to the TWU Local 100 membership retirement savings accounts 401K and 457K. Therefore that would be fair to the members that have to do physical work like the track workers, mechanics or cleaners.

Atonement

Maybe Jay H Walder will contribute his first year salary which is expected to be over $2 million at the Hong Kong-based MTR Corporation to the TWU Local 100 to atone for his unethical layoff of 2010 which has caused misery to the members of TWU Local 100. Every sacred writing teaches us to live and let live, the golden rule of ethic of reciprocity is the ethical code that essentially states the following - ‘one should treat others as one would like others to treat oneself’. We here in why did you join the union believe that every parent teaches those above ethical principles to their children. Now coming to the layoff of 2010 for the members of TWU Local 100 it reminded us of President Franklin D. Roosevelt’s Infamy Speech that was delivered to a joint session of Congress, one day after the Empire of Japan’s attack on Pearl Harbor Naval Base, Hawaii. The TWU Local 100 layoff of 2010 is a year which will live in infamy in our view.

Now one wonders if Jay H Walder will atone for his unethical decision that has caused misery in the lives of TWU Local 100 members. Now as he will embark on his new position overseas maybe he will reflect on his heinous decision. It is the TWU Local 100 that gave him the prestige, and status that elevated his standing to where he is now reaping the benefits in millions. Based on that Jay H Walder should giveback his whole remuneration package of the first year to the benefit of TWU Local 100 members who were affected by his unethical decision.

It is not only the TWU Local 100 members lives that were affected by his unethical decision but rather the great damage was done to the families of those members. The more you listen to the words of President Franklin D. Roosevelt the more that speech represents our thoughts against Jay H Walder. 

Maybe the conscious in Jay H Walder would come to realization in the destruction that he has caused on the lives of TWU Local 100 members for the rest of his life - he broke all common good of decency. Jay H Walder’s unethical layoff decision against TWU Local 100 members will haunt him forever - clearly there is no hope in his conscious of that misery that he has caused. Maybe his mind is lost or his mind has failed the common decency - he forgot that TWU Local 100 members have desires like of everyone else in the world to move up. They want what everybody else does in addition they are willing to work for it.

Raise

It is rumored that John E Samuelsen president of TWU Local 100 - Take Backward Our Union - TBOU wants a 20% (twenty percent) raise. 

Form LM-2 (Revised 2003)

SCHEDULE 11 - ALL OFFICERS AND DISBURSEMENTS TO OFFICERS

FILE NUMBER: 003-424

(D)  Gross Salary  Disbursements  (before any  deductions)

(E)  Allowances  Disbursed

(F)  Disbursements for Official Business

(G)  Other  Disbursements not reported in  (D) thru (F)

(H)  TOTAL

John     Samuelsen President N

$106,080

$400

$41,992

$2,160

$150,632

As you can notice in the above schedule John E Samuelsen made $41,992 for official business which is about forty percent of his gross salary. One wonders what kind of official business is equal to a TA cleaner yearly pay? It is unexplainable since that is almost half of his salary. It is also troubling that the executive board has failed to discipline him for the financial irregularities. What entitlement of allowance to John E Samuelsen gets $400 - are you aware of any member in the TWU Local 100 who has made a $400 allowance? This one tops the rampant hubris of taking ‘not reported’ $2,160.

Now lets discuss the raise that John E Samuelsen desires - it said that he should earn equal or more than Roger Toussaint who earned $175,000 from the TWU International. Thus he desires $175,000 or $180,000 - in John E Samuelsen’s view the TWU International depends on the monthly dues from the TWU Local 100 since without them there is no TWU International. In addition he works long hours so those are his justification.

We here in why did you join the union would advice John E Samuelsen that if he is interested in a raise there is an open position at the MTA - please do seek the CEO and Chair position which will earn him over $350,000 yearly. However we in the TWU Local 100 cannot afford his lavish life style of rich Americans since we are blue collar workers.

Parkchester

As you can notice from the above picture the place is inhospitable and is not fit to be a place for TWU Local 100 members. One wonders why?  

Kevin Harrington - $101,780

Stephen A Downs - $91,065

The above two are being paid huge salaries and are also enjoying this summer heat in an air conditioned office - obviously they would care less for the members who they purport to advocate for. It is a fact switchman at Parkchester on the north end of the platform have to endure the heat in the above condition.

Maybe in the view of Harrington and Downs those switchman should be thankful - we here in why did you join the union would like to remind our fellow co worker to vote them out next year.

Good riddance

We are happy that Jay H Walder is resigning from the MTA CEO and Chair effective October 21, 2011 - we would have preferred that it was effective immediately, however we will  accept his resignation. We here in why did you join the union do not believe his resignation will be panacea to the MTA ills or whether we will fare better with a new appointee.

We here in why did you join the union are disturbed that John E Samuelsen’s friends have said the following:

 “MTA Chairman and CEO Jay Walder has been an effective, innovative leader. He helped restore the agency’s credibility and changed the way it does business, finding billions of dollars in savings during his tenure,” Kate Slevin, Tri-State Transportation Campaign Executive Director, said.”

Paul Steely White, executive director of Transportation Alternatives, echoed those sentiments. “Jay Walder steered the MTA through its toughest challenges since the bad old days of the 70s,” he said. “Facing a daunting fiscal situation brought on by the governor and state legislature’s repeated budget raids, Walder kept our trains and buses serving millions of New Yorkers 24 hours every day. His work to bring Select Bus Service and Real-Time updates to transit riders is bringing New York City’s transit system into the 21st Century and will help keep the city and region competitive with other global leaders vying for business, talent and capital. Mr. Walder’s commitment to the necessity of transit in the lives of New Yorkers has set a high bar, and his successor must come with equal leadership to steer the MTA and the region through the rough terrain ahead.”

Senator Martin Golden called it “a loss to the city and state of New York” but doesn’t believe he was pushed out, sentiments I’m hearing from inside the MTA as well. “I think he was just hitting his stride,” Golden said, “and got an offer he couldn’t refuse. It’s unfortunate for us.”

James Vacca “While Chairman Walder deserves credit for taking on many structural issues that previous MTA leaders had delayed for a tomorrow that never came, the MTA continues to face a $250 million operating gap and a capital budget that runs out January 1. It’s getting harder and harder to do more with less, and the MTA needs someone at the helm not only who understands the role mass transit plays in the lives of everyday New Yorkers but who is prepared to get to work on day one.”

With friends like these who needs enemies - we were curious about the straphanger campaign who have not revealed their true colors.

Militance of the employer and the blue collar

Bargaining power is based not only on objective factors such as the level of unemployment or the structure of bargaining but also on subjective psychological factors. The most important of these is the militancy and solidarity of the union membership and of the management of the firm. Militance increases one side’s bargaining power because the other side knows that it can prevail only if it is willing to accept a long and bitter strike. An employer facing a union whose members are unified and ‘ready to walk’ will be likely to concede much more in bargaining than if the rank and file is apathetic or torn into competing factions. A union may also have second thoughts about striking when it faces an employer who is known for taking a hard-nosed, no-nonsense approach to bargaining.

Release the final report

TWU International has furnished John E Samuelsen president of TWU Local 100 - Take Backward Our Union - TBOU with the final report. Imagine if a person has been exonerated from any wrong doing he would jump up and down revealing to the whole world that he is innocent - that is common sense. However when we are dealing with John E Samuelsen nothing is released - it is obvious as the idiom says whenever there is smoke there is fire. You can conclude Samuelsen’s action of not releasing the TWU International final report is indication that it affirms the initial interim audit report which indicated that there was wide spread financial irregularities by John E Samuelsen with his Take Backward Our Union cronies.

Clearly John E Samuelsen does not preserve the membership’s confidence in an honest, independent president. A TWU Local 100 president should participate in establishing, maintaining and enforcing high standards of conduct and shall personally observe those standards.

Safeguarding TWU Local 100 money and property - John E Samuelsen as president should be subject to discipline for misappropriating or borrowing TWU Local 100 money or property. John E Samuelsen’s duty is to keep the membership informed as well as to communicate with the membership. He must release the final report promptly in addition he must explain the matter sufficiently to allow the membership to make an informed decision regarding the financial irregularities. In the event John E Samuelsen is failing to promptly notify the membership that he has received the final report concerning the financial irregularities then that would rise to the level of breach of duty of due care. This is not a mere error in judgment - it appears withholding the final report is intentional.

Consolidation lawsuit

Judge Emily Jane Goodman of the Supreme Court of the State of New York - New York County Part 17 on May 20, 2011 dismissed the case ‘in its entirety, with costs and disbursements to defendants as taxed by the Clerk of the Court; and it is further ORDERED that the Clerk is directed to enter judgment accordingly’.

Now lets discuss why that was not a good sign for John E. Samuelsen, president of TWU Local 100 - Take Backward Our Union - TBOU. In general in cases sometimes you win some and lose some however not to lose ‘in its entirety’. Background on the case - it was brought up to undo the Memorandum of Understanding - Attachment E - Surface Consolidation on page A15 in addition to the MTA New York City Transit - Department of Buses - Implementation Agreement - OA/TA Surface Consolidation on page A102 - A106  dated August 25, 2003 in the Collective Bargaining Agreement between MTA and TWU Local 100 which is known colloquially as ‘consolidation list of 2002’.

There is no question that when TWU Local 100 entered into this memorandum of understanding it has presented a dilemma to the layoff of 2010. This case also revealed a new dimension that John E Samuelsen does not know what he wants to accomplish with this lawsuit it is obvious he went along with the advice of the lawyers, the result speak for themselves. Imagine if you are an injured party you definitely want to be made whole or complete - you will employ the attorneys to accomplish your wishes - not the other way around. Here in this case you learn we like the MOU benefits however we do not like it’s other parts like the layoff of 2010. 

It is also known that the MTA was willing to concede if John E Samuelsen would withdraw the lawsuit. However he did not take that which could have been advantage to the membership but rather rolled the dice, went ahead with the lawsuit with the outcome ‘lose in its entirety’. Now John E Samuelsen is banking on the appeal at the Appellate Division to rule in our favor. It is clear there was no sound strategy going in with this lawsuit whether in the long term or short term in tackling this matter. It revealed hodgepodge thinking however we are dealing with Take Backward Our Union team.

It revealed that in KIngs County we ‘...relied on the validity and enforceability of the MOU that they now seek to disavow...’ page 4. We here in why did you join the union believe that John E Samuelsen tricked our brethren in MaBSTOA into believing in this lawsuit however his motives are clearly reelection of 2012. We do not believe Judge Goodman did not grasp that this consolidation list did not violate PAL which was demonstrated on the footnote 3 on page 11 ‘...is based solely on the contention that the Public Authorities Laws has been violated...’ it incomprehensible that a case would be based on single theory which Judge Goodman finds ‘...TWU has failed to plead facts to support that the MOU and Consolidation provision violate PAL § 1203-a (3)(b), or that defendants have implemented these writings in such a way as to violate the statute’. It is strange that we could not plead facts. Can you guess who were our lawyers? Do you know how much salary John E Samuelsen has awarded them from our hard earned membership dues? What a waste of membership dues since we have to pay MTA monies as the Judge ordered.

The property issue

John E Samuelsen is bent on hell with his idea to purchase a property as if that would be a panacea for all the ills that TWU Local 100 is in. Lets imagine if that a person wants to purchase a property, common sense would dictate that this person would consult his family. In addition seeking input to that purchase of the property due to the fact that the purchase is a significant transaction which would put the family in a financial bind for a long period of time. However that is not the case with John E Samueslen president of TWU Local 100 with his Take Backward Our Union team - he feels there is no need for a discussion with the membership to seek their approval but rather with his yes men.

Now lets look at this property purchase maze which John E Samuelsen has concocted. First he chose to purchase the property on 350 Schemerhorn Avenue - he laced that property with wild claims in the mass membership 6, 2010. Prudent minds saw John E Samuelsen faulty leadership by putting an end to his meaningless claims.

Second the property on Atlantic Avenue between 3rd Avenue and 4th Avenue the asking price was twenty eight million - the property has rental income at the bottom, probably has adequate space to house Take Backward Our Union cronies. However it has minuscule parking spaces - can you guess those minuscule parking spots to whom they will go to? Your guess is good as ours. The appraisal values the property is worth thirteen million. However the owner has lowered the price to fifteen million that is two million over the appraisal. This property needs renovation that would be worth ten million - clearly this property has a lot of problems. 

Third the property at 205 Montague Ave by Brooklyn Bridge, the asking price was forty eight million. The property has rental income at the bottom, has two floors condominium style however it may not be able to accommodate those burly Take Backwards Our Union team (unless they are put on a strict communist diet under the supervision of the supreme communist from RTO). The appraisal values the property is worth forty two million. However the owner came down to forty five million that is three million above the appraisal.

Forth the property at 195 Montague Avenue, fifth the property at Bushwick by 8th Avenue a vacant factory offered at single digit millions. However they both need extensive renovation which is costly - definitely John E Samuelsen is taking TWU Local 100 to Brooklyn one wonders why. 

We here in why did you join the union believe a third (disinterested) party from a not for profit organization who are well versed in real estate matters who can take the view of what is in the best interest of the membership should handle this property purchase. We believe John E Samuelsen is not diligent, or impartial in his performance on this matter. One wonders if the building fund has about twenty six to twenty eight million why would one purchase a property beyond his means? We believe the prudent minds will stop him on his tracks with his ridiculous ideas. After the interim audit from the TWU International it is clear that John E Samuelsen is unable to safeguard the membership monies - in addition the failure from the executive board that could not discipline him for misappropriating or borrowing membership monies.

We here in why did you join the union believe that TWU Local 100 has no right to pay one penny more than the appraisal. If in the event that this happens during John E Samuelsen’s tenure - the numbers are mind numbing thus he should not serve as administrator on this financial transaction concerning the purchase of the property due to his past practices that is reflected in the U.S. Department of Labor Form LM-2 Labor Organizational Annual Report of 2010 - file number: 003-424 - that would violate the fiduciary obligation, TWU Constitution in addition to TWU Local 100 by laws.

Feel cheated

Fellow co workers do you feel cheated by the empty rhetoric that was disseminated by Take Backward Our Union - TBOU prior to the election? What about now, has anything come to fruition? You know the answer. It resembles the plot in the movie ‘Big Jake’ when a family ranch is raided by a ruthless gang of outlaws who kidnap little Jake for ransom. You know the rest - does it sound similar or parallel to what TWU Local 100 is going through. Just like in the movie John Fain wanted gold but they got lead instead from Jacob ‘Big Jake’ McCandles who saves little Jake and heads home - now can you guess who wants gold from TWU Local 100.

Coming back to John E Samuelsen with his Take Backward Our Union - TBOU has embraced the communist as he informed his father in law maybe now it is a time for John Wayne to make a come back to clean TWU Local 100 from the communist.  Especially since he was an ardent anti-communist and vocal supporter of the House Un-American Activities Committee. However we believe the membership will not tolerate this Un-American Activities in TWU Local 100 - we believe the membership of TWU Local 100 will turn to be John Wayne by sending John E Samuelsen with his Take Backward Our Union - TBOU to their tools.

We here in why did you join the union believe the membership will decide their guilt or innocence in the election of 2012. However we think any reasonable person in addition to a hard working member would agree with why did you join the union that there is more than meets the eye with John E Samuelsen with his Take Backward Our Union - TBOU. How he has taken our TWU Local 100 backward, whether with his building issue - it appears that none of the other boroughs are good except for Brooklyn - we wonder why.

Whether the TWU International interim audit which indicated financial irregularities or robber baron solidarity fund, 1700 unfriendly building, Haiti money, inability to counter Jay H Walder net zero labor initiative there are many bad decisions. However it is enough for one to conclude TWU Local 100 is a sub par union under president John E Samuelsen with his Take Backward Our Union - TBOU

Take Backward Our Union

MONDAY, MAY 4, 2009

We Can't Wait Until After the Election-by Steve Downs

We Can’t Wait Until After the Election bySteve Downs Division Chair, T/O Division

Hundreds of transit workers are under the threat of lay-offs. Local 100 is still without contracts at the TA, MaBSTOA, and MTA Bus. Service cuts and a fare hike are on the horizon. And the best Local 100’s leadership can do in response is to call for hearings in Albany and threaten to hold some anemic demonstrations outside the MTA offices. But Albany is part of the problem and the demonstration on April 24 was a show of weakness, not strength.

It’s clear that the current Local 100 leadership does not have a viable strategy for protecting our jobs or achieving a good contract. But we cannot wait until after the elections to address the problems our union faces. As a member of the Local and the elected chair of the T/O division, I propose the following immediate steps toward securing our jobs, a good contract, and a stronger union:

1. Convene a Joint Executive Board meeting Bring the Local officers, Executive Board members, division officers and section chairs together to discuss how best to stop lay-offs and service cuts and how to win a good contract. Forget the speeches from politicians and the posturing by Local officers. Let’s have an honest and open discussion about where we are and then take steps to get what we need. Better yet, hold a summit meeting of the current Local officers, Board members and Division officers along with all the candidates for those positions. Put all of our heads together for the benefit of the union and the membership.

2. Enforce all safety and operating rulesThe MTA wants to get more work out of fewer people. The truth is that we need more workers to have a safe, clean, and efficient bus and subway system. We need to strictly enforce all safety and operating rules. The Local needs to lead this effort and provide staff and resources to help make it happen. But the union reps can’t do this on their own. Every member needs to step up, coordinate with their co-workers, and work in strict accordance with all safety and operating rules.

3. Fight to suspend the payments on MTA bondsFor over 20 years, whether Democrats or Republicans were in office, the city, state and federal governments cut operating subsidies for mass transit. Under Pataki Albany refused to provide funds for the capital spending needed to maintain and improve the system. The MTA had to borrow money to buy subway cars and buses and rebuild tracks and stations. The bonds the MTA issued provided fat commissions to bankers, safe returns to investors – and drain off money from the farebox. Now, although the MTA is threatening layoffs, service cuts, a fare increase, and a wage freeze, the interest payments that are at the root of the MTA’s budget crisis are not being questioned. Local 100 should lead the coalition of MTA union’s in demanding that the interest payments on the MTA’s debt be suspended as a first step toward resolving the MTA’s budget crisis.--

Steve DownsChair, T/O Division of TWU 100 for more information and updates go to www.tbou.org

Remember this?

MONDAY, APRIL 27, 2009

No Contract For TWU Still No Plan from Toussaint & Tate

The Daily News reported last week that the MTA will soon meet with Acting President Curtis Tate to tell him there is no money for raises this year. This bad news comes only a week after the MTA announced that 1500 TWU members may lose their jobs.

What is our Union’s strategy for getting a good contract in the face of this terrible news? According to our Union’s website, the Tate/Roberts/Watt team’s response is to “not attend” the meeting to learn the details of the problem. Pretty feeble response to a really bad situation, don’t you think?

The fact is the Tate/Roberts/Watt team doesn’t know what to do and is in a state of panic. They have repeatedly shown that they have no idea about how to properly run Local 100, return it to the power it once had and get a good contract for the members.

For a year, during all of 2008, the Tate/Roberts/Watt team allowed Toussaint to secretly negotiate our contract with the MTA. The membership was not mobilized for a contract campaign and not one word was ever said to the membership about the progress of negotiations. The only progress report we ever got was the shocking news that Toussaint decided to put our contract into binding arbitration without getting any Executive Board approval. The Tate/Roberts/Watt team just stood there silently and let Toussaint take away the right of the membership to vote on the contract.

After putting our contract into binding arbitration, it was doubly shocking to find out that Toussaint appointed himself to be one of the arbitrators. Again, the Tate/Roberts/Watt team and their Executive Board simply stood there, did nothing and let Toussaint give himself the power to decide the terms of our contract.

In early January on the Union’s website Toussaint promised that, “In the weeks ahead, arbitration hearings will proceed and a final decision will be issued.” To our knowledge hearings have not occurred. And weeks have turned into months as the news about what is happening gets worse and worse.

After leading a disastrous strike that nearly destroyed Local 100, Toussaint and Watt should have rebuilt the Union and organized the members for a full court press to get a good contract. Instead, it appears that Toussaint - supported every step of the way by the Tate/Roberts/Watt team - thought he could get a good contract by simply being nice and asking for one.

As one of three Arbitrators, all Toussaint now has to do to get us a contract with good wage increases, no layoffs, no bus regionalization, no new reduced pension tiers and which restores our free health insurance is get one of the other two arbitrators to agree with him. The Tate/Roberts/Watt team’s strategy for getting such a contract has been to bet on Toussaint while keeping the membership completely demobilized. That’s a bad strategy. The recent demonstration - where only about 1,000 members showed-up to protest against layoffs - shows how hard it is to carry on an effective fight after spending years demobilizing the membership.

If elected, Take Back Our Union (TBOU) will rebuild Local 100 by organizing, mobilizing and uniting the membership in a Union that has real power in the subways and on the buses and in the halls of government to get us good contracts. We don’t bet. We believe in a sure thing: having a Union with real power that management must respect. John Samuelsen President candidate Take Back Our Union (TBOU).

Station Maintainer Helper

2009-2012 Contract, Attachment A -- Miscellaneous - pages 36 - 37  

1. A new Station- Maintainer Helper (“SMH”) position shall be created subject to the following conditions:

1. SMH duties -- Assigned to stations to clean the station, work with Structure and Lighting

Maintainers to make repairs of the station, and perform the following minor repairs, after receiving training by Structure and Lighting Maintainers to perform these housekeeping skills:

1. Lighting: Replaces light bulbs and cleans lighting fixtures.
2. Plumbing: Clears clogged drains, toilets, floors drains, and waste traps and replaces faucet washers, flush kits, toilet seats, and towel and soap dispensers.
3. Carpentry: Repairs and replaces door and cabinet hardware, such as hinges, knobs, and door closers.
4. Painting: Performs spot and incidental painting.
5. Masonry: Makes minor masonry repairs and replaces individual tiles.
6. Air conditioning: Replaces filters

Additional duties are subject to the agreement of the parties.

1. The SMH positions will be promotional opportunities for incumbent cleaners.
2. Station Maintainer Helpers will be paid top Cleaner rate plus $1.70 per hour.
3. Structure Maintainers will instruct and work with Station Maintainers. Consistent with training pay practices in other departments, Structure and Lighting Maintainers will be paid a $4.00 per hour differential for time spent working with and instructing Station Maintainers. These assignments will be posted on the Structure and Lighting Maintainer picks.

We here in why did you join the union believe our Station Department brethren from the Take Backward Our Union - TBOU - are full of drama by their inability to interpret clearly the above section of the contract. It is clear now why we are losing a majority of contract grievances due to the inability to interpret the contract. We here in why did you join the union would recommend reading comprehension classes for Take Backward Our Union. In addition to those who have time (Transit 25/55 Plan) to retire due to the fact that you can’t teach an old dog new tricks.

First once you sign on the dotted line you must hold to the end of the bargain. Imagine if one goes to buy a Hummer vehicle but after driving the vehicle has buyers remorse - what would a dealer or the bank say? It is your car! Keep on driving! Make those monthly payments! Now if the brethren in the Station Department feel otherwise we advise them to wait till the next contract of 2012 by voiding this section - show us your haggling skills.

Second our Station Department brethren have not taken into consideration what the management reaction will be in their strategy to make this program fail, delaying or prolonging the implementation of this section. It is obvious that they are putting the membership in harms way which goes against every union principle, objective or goal - the question is are those members sacrificial lambs?

Third SMH position is a new position which indicates that it will add more members to the TWU Local 100. Who is against adding new union members when the union density among the workforce is dwindling? Take Backward Our Union conflates between ‘cleaner’ with ‘Station Maintainer Helper’ - one is a Mustang while the other is a Corvette, clear as day and night.

Fourth lets imagine the Station Maintainer Helper has a task to repair and replace a door - can Take Backward Our Union give us an estimate time that would be required to accomplish the above work or task? Maybe Take Backward Our Union does not get it - this task alone will add another member to the TWU Local 100. Clearly the Station Maintainer Helper based on the above contract will take them away from cleaning duties thus we will still need a cleaner - that is an additional new member to the TWU Local 100.

Fifth the argument that this is labor class workers that do not have the protection of the civil service laws - we here in why did you join the union would point to the Take Backward Our Union. Now they have the baton, they have to run with it and convert it to their liking. However Take Backward Our Union are unable to run or pass the baton thus resulting in a dropped baton outside the take-over zone which shall result in disqualification in track and field. Therefore the TWU Local 100 membership may pay dearly.

Sixth on the remuneration side alone two titles would benefit. They are the Structure Maintainers - instructors, and the Station Maintainer Helpers. Why would anyone be against it? However this is John E Samuelsen’s Take Backward Our Union who are occupied in utilizing union credit cards in addition to flying overseas.

In conclusion we believe this section of the contract is good because the benefits to the members of TWU Local 100 outweigh the drama from John E Samuelsen’s Take Backward Our Union.

Change of location

MaBSTOA Division 1 for July and August monthly meetings has been moved to:

The American Legion

William E. Irwin, Jr., NY Post 774

3035 Corlear Avenue

Bronx, NY 10463

Phone: 718-548-9754

Time: 1100 AM & 7:00 PM

This change applies for both the morning and the evening meetings due to the unavailability of the Y on 63 Street. The American Legion is accessible by public transportation: 

Bus - take BX 1, 7, 10 get off at Corlear Avenue

Train - take #1 get off at Broadway and 231 Street.

Wait period pay practices

It is a fact that while buses are in revenue service they may encounter mechanical difficulties thus rendering them disabled on the road - some minor while others requiring significant work. The issue is the ‘wait period’ for the TWU Local 100 member till the arrival of the road truck maintainers.

We here in why did you join the union demand that this ‘wait period’ issue be addressed in the contract of 2012 specifically for the benefit of the TWU Local 100 member. Due to the fact that TWU Local 100 members are stranded in unimaginable places, being exposed to the inclement of the weather without nutrition or access to a restroom. In addition employer restrictions such as not allowing the TWU Local 100 member from leaving the bus unattended as well as the requirement to stay in constant communication with the bus command center.

We here in why did you join the union say the ‘wait period’ issue should be addressed in this manner in the contract of 2012. First if the wait period is 60 minutes then the standard pay run should be applied. That means that if you are stranded for up to 60 minutes and the road truck maintainer shows up to address the mechanical difficulties within those 60 minutes and gets you back on the road then you get your regular pay. Second if the wait period is more than 90 minutes then the TWU Local 100 member should be paid one hour extra to the spread - if the run has a boost then that boost should not be subtracted from that extra hour. Third if the wait period is 120 minutes then the pay should be at time and one-half added to the spread. Fourth if the wait period is over 180 minutes then the pay should be 3 1/2 hours added to the spread. Fifth if the wait period is over 240 minutes then the pay should be 4 hours and receive spread penalty added to the spread.

We here in why did you join the union believe this pay practice for the wait period will impel our employer to hire more maintainers which will be good for TWU Local 100 strategy. It will address our employer cutting on the maintenance side on a tactical side thus benefiting the membership remuneration. However we are not going to hold our breath with John Samuelsen president of TWU Local 100 with his Take Backward Our Union.

Zeros - good contract by Stephen A Downs

Do you believe the words of wisdom that enumerated from Stephen A Downs? if you do then there is a bridge in crooklyn for sale. Stephen A Downs seeks your approval for zeros raise, in his view that is ‘how to win a good contract’. It is clear now that the membership are pawns in the contract battle.

There is nothing going on the contract 2012 front but rather John E Samuelsen is focused on his reelection of 2012. We here in why did you join the union are not pleased that the battle for the contract of 2012 has not begun between our employer the MTA with TWU Local 100. Thus once again the membership may pay dearly by being put in the middle.

John E Samuelsen in numerous settings has indicated that he would rather let the membership work without a contract due to the fact that he is not willing to go towards the arbitration route. Many have said that John E Samuelsen believes in astrology - it is rumored that he has paid the astrologer who served Nancy Reagan who arranged President Ronald Reagan’s schedule to arrange the schedule of TWU Local 100 contract of 2012.

The astrologer has advised that September 2011 is the blessed month and we have to wait till September - we can’t wait until September 2011 to win a good contract. Instead of moving forward with science we are moving backwards. 

‘We Can’t Wait Until After the Election bySteve Downs Division Chair, T/O Division

1. Convene a Joint Executive Board meeting Bring the Local officers, Executive Board members, division officers and section chairs together to discuss how best to stop lay-offs and service cuts and how to win a good contract.’

Take Backward Our Union are laughing all the way to the bank

John Samuelsen - $150,632

Benita Johnson - $118,062

Angel Giboyeaux - $112,123

James J Gannon - $105,662 

Polly J Halfkenny - $102,501

Kenneth N Page - $101,912

Kevin Harrington - $101,780 

Take Backward Our Union are saving TWU Local 100 by awarding themselves six figures and are laughing all the way to the bank with our money. Do you believe they are going to get us a contract or just fatten their wallets with our hard earned money? Is this the honest campaign from Take Backward Our Union who promised to self police their financial irregularities behind closed doors by ruining the TWU Local 100. John E Samuelsen acts as a CEO padding his own pay the rampant hubris and sense of entitlement with grizzly obsession.

TUESDAY, MAY 26, 2009

Take Back Our Union(TBOU) Election Campaign Message -They said " Save Our Union "

Take Back Our Union (TBOU)Election Campaign Message – They said “Save our Union” and laughed all the way to the Bank.‏

We Don’t Need a Puppet 

We need a Real President

After handpicking Tate as his “Acting President,” Toussaint says he will be the “International Officer responsible for Local 100.” It’s wrong for Toussaint to try to continue to run Local 100 through Tate from behind the scenes at the International. We don’t need Toussaint’s puppet as an acting president for the next three years.

They said “Save our Union,” & laughed all the way to the Bank

The Union’s by-laws say that officers are supposed to get the same raises as those negotiated for the members. Did you earn 10 % or 12 % more in 2008? A lot of them did.

The Union’s financial records, which are filed with the federal government, show many of them did a lot better than us in 2008 when compared to 2007:

Tate made 7% more

Clark made 11 % more

Thomas made 12 % more

N. Rivera made 10 % more

Ayala made 12 % more

Poor Watt - he only got a 4 % raise in 2008. But don’t feel too sorry for him. Watt’s allowances and disbursements from the Union increased $4,600; giving him $23,471 on top of his salary.

Tate, Watt & the rest of them told us we needed to “Save our Union” and then they went to the bank with our money. And they can’t even get us a contract!

Hypocrite

Remember these words of wisdom? Now fast forward, who has been caught issuing personal loans to himself or herself? Does the name John E Samuelsen ring a bell? Or Ms. Benita Johnson or Ms. Roxanne Rotgers - don't take our words for it. Ask Stephen A Downs he is a person who indulges in hypocrisy. He has an excellent explanation in which he will inform you the U.S. Department of Labor Form LM-2 Labor Organizational Annual Report is wrong. Rather you should not believe your own eyes but instead proceed to the optometrist for corrective lenses. He will add that is not our money which John E Samuelsen awarded himself but instead is a loan. In addition he will turn it into the TWU International vendetta against John E Samuelsen. He will equate it to something like Robin Hood taking from the riches to help the poor. In his view it makes no sense to address one and destabilize a viable TWU Local 100 thus creating more problems. Have we learned nothing about financial shenanigans.

Compare Toussaint and Friends Raises to Yours‏ by Steve Downs

Toussaint got us a 3% raise for 2006. For the same year, he gave himself a 17% increase. In 2007, when our wages went up 4%, Toussaint gave himself a 7% boost. He went from $91,920 in 2006 to $115,475 ($141,928 after expenses) in 2008. (Don’t take our word for it, go to www.tbou2009.organd click on the link to the Union’s financial report.)

Toussaint was generous to his friends, too. Ed Watt was up 22% from 2006 to 2008. Curtis Tate got an 8.2% boost from 2007 to 2008. And Brian Clarke got an 11% bump for the same year.

All of this happened despite layoffs of clerical staff and Toussaint supposedly imposing a 10% pay cut on the officers and staff in 2007 when the dues check-off was lost. And it happened despite the Local by-laws limiting raises for officers and staff to the same percentage increase negotiated for members at the TA.It's time for them to go ,vote the entire Take Back Our Union (TBOU) Slate.

Steve Downs Chair, T/O Division of TWU Local 100

Do you believe John E Samuelsen statements:

‘I do want to make two things clear: I did not borrow money from the Union and I always returned all unused advances.’

or do you believe U.S. Department of Labor Form LM-2 Labor Organizational Annual Report below?

SCHEDULE 2 - LOANS RECEIVABLE

FILE NUMBER: 003-424

List below loans to officers, employees, or members which at any time during the reporting period exceeded $250 and list all loans to business enterprises regarless of amount.  (A)	Loans  Outstanding at  Start of Period  (B)	Loans Made  During Period  (C)	Cash  (D)(1)	Other Than Cash  (D)(2)	Loans  Outstanding at  End of Period  (E)
Name: John Samuelson Purpose: Personal Loan Security: none Terms: as able	$0	$1,297	$1,159	$0	$138
Name: Benita Johnson Purpose: Personal Loan Security: none Terms: as able	$0	$669	$362	$0	$307
Name: Roxanne Rotger Purpose: Personal Loan Security: none Terms: as able	$0	$8,474	$7,865	$0	$609
Total of loans not listed above					$0
Total of all lines	$0	$10,440	$9,386	$0	$1,054
Totals will be automatically entered in...	Item 24  Column (A)	Item 61	Item 45	Item 69  with Explanation	Item 24  Column (B)

Form LM-2 (Revised 2003)