Consensus

Absolutely with our support John E Samuelsen president of the TWU Local 100 knows there is no danger of losing in the election so he can afford to be as bold as he wants to be - that is him at his best. Now as we are told - we can agree that TWU Local 100 needs to own its property (building and its own land), employ our own staff, set the pay scale of staff locally, develop our own initiatives and control our own future.

We want to talk about the future however many are stuck in the past - he was talking about the future once but we do not want to be regressive. However we need the best results for our future not only in the matter of the property but rather in the totality of TWU Local 100. There are many issues or policies that need to be addressed for the benefit of the membership, there is no question that consensus is needed. 

Now whether there is improvement in the TWU Local 100 that can be debatable, what matters is the results - whether TWU Local 100 as an organization is on a trajectory of investment or reform. We also would like to hear the same words whether behind closed doors or in public.

We wish success in urgent matters however we cannot deny that there may be some different view points which is healthy for our TWU Local 100. We are a labor organization and we would love to restore our prominence and fortunes however there are concerns that should be addressed that closely will benefit the membership. It is important that we should listen to what the membership desire. 

26 ayes 16 nays

Welcome to John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU twenty six (26) planted ayes votes for purchase and sixteen (16) nays in opposition to the purchase at the executive board meeting yesterday Wednesday September 28, 2010. Therefore now John E Samuelsen has the green light to proceed to purchase the said property - as many of you are aware we said no to the purchase of the property at 195 Montague Street, Brooklyn, New York 11201-3631.

We had highlighted some observations then concerning the above property being unsuitable and also that it was unwise to have the coop board of directors have a say in our building. However our advice went unheeded especially concerning spending the membership funds and binding the membership into a long financial obligation (mortgage). It is clear he is not interested in cutting spending - if this is investment to get ourselves into a property then this property has flaws, namely the coop board of directors.

This property will lead TWU Local 100 into higher debt if the excuse is that this is an investment for the TWU Local 100. If this purchase of the above property goes thru it is obvious he wants to spend more - renovations of the property to make it habitable then there is the moving expenses from the unfriendly building 1700 Broadway. 

Absolutely you will hear no coherent explanation from John E Sameuslen or at least he should answer some questions from the membership - everyone knows that John E Samuelsen is spending over and above his means. It is obvious he is disregarding the economic circumstances, regardless of the depressed real estate industries, regardless of inflation - whichever way you look at it this property vote in the executive board looks desperate.

Every member has concluded that John E Sameuslen is wrong to purchase twenty percent (20%) of any property and looks increasingly ridiculous. Many have judged him from his performance that he needs some help concerning a huge overhead debt that he will impose on the membership for a long time.

No...no...no

On the contract committee we would stress to move beyond the current position on appointing non members of TWU Local 100 which is not wise. We also believe this advice will fall in hard echo, but we would not agree to have non members in the contract committee before starting any stage of contract negotiation, or what those non members will do.

Again we will emphasize we would not be prepared to accept those non members in whatever capacity in the contract committee. We will not agree to John E Sameuslen president of TWU Local 100 Take Backward Our Union TBOU imposing upon us those non members nor will we surrender our right of not accepting them.

It is our purpose to retain the power and influence of the membership on the contract committee and not to dilute it. We wonder what is John E Sameulsen’s policy on this matter - we do not know to what extent those non members would have over our matters? Maybe they may have a say on our health coverage? We say no we would not agree to those non members to have any say that will effect us in the future. We do not want those non members to have any power, we say no..no.

Perhaps John E Sameuslen will give up the powers of members to those non members easily to total abolition of the membership. Perhaps he is incompetent on the contract negotiations that he would be delighted to hand over the full responsibility to the non members. Maybe Samuelsen is not competent on contract negotiations so yes Samuelsen would be glad to hand over the membership powers to non members. What is the point of being elected president and then handing over the power to non members.

We here in why did you join the union have no intention to extinguish or abolish the powers of the membership as Samuelsen has. Samuelsen must give assurances or will he give in on this matter that non members will have zero influence on the contract committee. We hope in the next election members who want to be elected will uphold TWU Local 100 powers and responsibility and not dilute the powers of TWU Local 100 - John E Sameuslen has surrendered some of them and in our view we have surrendered enough. 

The future of the membership should not be put in the hands of non members who were appointed by John E Sameuslen - we do not agree with that point of view. Samuelsen taking matters without consulting the membership is not the democratic way since the membership is being ignored. We find it hard to believe and it is obvious this is a backdoor for Samuelsen to usurp the powers of the membership.

Resign

Defeat after defeat in court cases, losing arbitration after another and now the membership are openly questioning the authority or the so called leadership of John E Samuelsen president of the TWU Local 100 Take Backward Our Union TBOU. Does John E Samuelsen agree that these are signs that his leadership has put TWU Local 100 in terminal decline? If Samuelsen got out and met the membership he’d realize his leadership is the issue.

All the promises before election have been abandoned, now his leadership is the same as the previous administration which he decried. His failure to deal with the layoff of 2010, and his failure to refund the solidarity monies which he promised in the mass membership of 2010 was that a deception one wonders. Then there is his leadership team failure and the union credit cards irregularities. The blunder of the year was the purchase of the property. Then there are failures of his TBOU team.

He has got nothing to say for the issues that face the membership, he has nothing to say about the write ups against the membership - all the promises that he would support the membership through their tough times within a few days he has abandoned them with his U turn.

Often Samuelsen will announce a plan after a plan and he would launch documents with colossal ideas that are received by the membership with incredulity at best and hostility at worst. What ever the problems the membership are faced with the answer is not more documents, surveys, vestibule take over, rat campaign and TV speeches - John E Samuelsen’s leadership cannot go on like this.

It is difficult times - big speeches are not the answer. Samuelsen simply is not up to the task. Lets look at the strings of misjudgments we have seen he has made infinite U turns in the hyped hurricane Irene, snow blizzard (2010), indirectly acquiescing in lowering of health coverage, lock box bill - why does he think he got so many judgments so wrong? Now he has no one to blame for expenses gone wild - if he is so confident of his arguments or if he is so confident of his judgement or if he thinks he is on the right side of these arguments why doesn't he listen to the membership? It is obvious he is in the dark ages and he has to think again, he wasted the first year with an utterly busted leadership. Now this is his second year isn't it clear he is not up to the job - the membership knows it, the TBOU know it, and the MTA knows it. Why not do the last bold thing - resign. 

Lock box bill

Turning now to the ‘lock box’ bill why did John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU take a risky issue without consulting the membership first? Who came up with this idea - even the MTA looked at this ‘lock box’ bill as a bad idea since it overlooks New Yorkers’ issues thus they did not want to join in. It plans to restrict the three branches of the government (executive, legislative and judicial) in utilizing any monies assigned for transportation issue elsewhere if passed into law. In theory it looked like a magnificent idea however we know the current executive branch has other priorities that take precedent over transportation as revealed by 2011 SOUS Survey, CaRDI, Cornell University - New York Minute issue number 44/ April 2011 employment took 24%, taxes 24%, economic growth 14%, NYS Budget 13% (transportation is lumped with many other issues). The question was put to New Yorkers - What do you think is the single most important issue facing New York State?

Now based on that response from New Yorkers the executive branch in New York State - that is the Governor Andrew M Cuomo will pay special attention to that survey even the New York State legislative branch will not go against the wishes of New Yorkers thus the ‘lock box’ bill status is in limbo. Probably by the end of the year it will reach the last stop - definitely the politicians know that, they do not want to be seen as pissing off the public.

It is clear that New York State has a range of issues - we believe John E Samuelsen knows that as far as the question of the ‘lock box’ bill. First he made that assumption on  arrogance, secondly he is making the assumption that he is going to be remaining in his position. Our membership fate should not be placed on an imaginary theory that there is no longer no credible plan that sets up what actions to be taken on the public finances. There is a risk that this ‘lock box’ bill will not be signed into law that is common sense therefore we should be prepared to move on without it.

Maybe John E Samuelsen will tell Governor Andrew M Cuomo to forget about the need to take action to ensure the economy should grow and he should ignore actions that are needed for the economy growth and have more jobs, that he should not be careful about public spending. The taxes have a part to play in reducing the deficit, it is obvious the position of John E Samuelsen with his ‘lock box’ bill. There has been so much given for so few people to read with so many words in vain so he may want to explain since the undertaking this ‘lock box’ bill gamble how much it has cost in membership dues - what a waste.

With this lock box bill gamble he has weakened the TWU Local 100, and in turn he has weakened the membership. What does he have to say to his weak leadership?

We know where he was

Kevin Harrington vice president of rapid transits operation was at the rat-free campaign at Parson/Archer subway station instead of going to the Bronx courthouse to hear the attacker of the motorman Darryl George - Arrocho, Richard theatrics in the courtroom.

It is a worthy cause for New Yorkers to have a rat free subway however New York City is infested with rats. How can you eliminate rats who will escape to safe havens of the sewer underneath? In addition to emerge later on once the rat poison wears out. Whether there is a nexus between rats and the contract of 2012 that is not clear. It may be a worthy cause on the health side however even with the employment of more cleaners rats will be around.

However Kevin Harrington who likes to talk a lot about solidarity was absent at the Bronx court house. Many of you have known him as a talkative, long winded Harrington who likes to hear himself talk however he was missing in the Bronx courthouse. He will talk a lot about rats but he will never talk about why he was not present in the Bronx courthouse. Here we speculate maybe John E Samuelsen gave him an excuse not to attend the hearing.

Bronx Courthouse II

As you are aware the attacker - Richard Arrocho of the train operator Darryl George who was assaulted while doing his work on Friday July 22, 2011 was arraigned in the Bronx County Criminal Division Court on September 21, 2011 around 4:17 PM.

It was a long and exhaustive day: from early in the morning when the court opened its door at 9 AM, after entering the court house and going through the metal detectors, emptying all your pockets then collecting your wallet, then heading to the information kiosk to find the floor, and court room number alas - we were joyful to find the familiar name of the judge Boyle, D who previously handled the bus operator attacker Steangali Medina on Septemebr 12, 2011.

The floor was lower level 2 the court room number was 260 the case number was 02421-2011 - we opened the door and entered the court room. The courtroom is wide with high ceilings and is well lighted almost as if you were in an auditorium. We sat on the second row behind the assistant district attorney since the front row was reserved for lawyers.

There were three bailiffs (they handle paper work) then there are four court officers (they handle the defendant) two of them were females. On the district attorney side there were two assistant district attorneys, both males - one is tall and bearded while the other is average height with a short hair cut. They had support staff of one female then the legal aid society had their coordinator in court - there is no court without the stenographer in addition to a language translator.

We were eager initially - when we checked the list of the defendant posted outside the courtroom, the list was fashioned on a manner of alphabetical order by the last name Arrocho which was the second on the list. The minutes kept ticking, the hours kept advancing and the counsels with their talks made the court house as an open bazaar. Case after case we were in the valley of emotions when judge Boyle was generous with dismissals we were apprehensive. The cases covered a wide range of social ills, whether it be fraud, psychiatrist, robbery, drugs, assault, extradition, domestic assault or prostitution.

Defendants ranged from 12 years old to 89 years old. For the teenager who robbed stores on Fordham Road judge Boyle accepted his guilty plea but gave the teenager a break no jail time but rather five years probation. The elderly man who assaulted another fellow elderly with a walking stick was unable to walk and he could not hear or see clearly therefore the judge afforded the elderly man a seat and spoke to him in a loud voice. The judge accepted a guilty plea from the elderly man and gave him a probation of three months coupled with being put in an elderly supervised program three times a week.

By noon the court officer went into high gear and at 1230 they had a lock down (code red) in securing the defendants who were ordered to jail. Then afterwards the cases that were called were not major but from the courtroom floor, then the court was winding down for the lunch break at 1 PM. The courtroom lunch break was one hour and fifteen minutes therefore the courtroom reconvened at 2:15 PM.

Wished that we went to the Tampa Bay Rays at Yankees day game at 1:05 in which the Rays lost 4-2. However we headed to seek nutrition then went back to the pace in the courtroom which was much slower with the family members (mothers) who were weeping for their children. 

Then by 4:05 PM court officer called out Arrocho, Richard name to be produced from the interior cell. However before he could appear another case was called - Arrocho Richard was finally produced at 4:17 PM. 

Arrocho, Richard

Case# 02421-2011

Judge Boyle, D

Court Part A

Building 265

Lower Level - Courtroom 260

Arrocho Lawyer is 

Ms. Trudy Strassburger

Bronx Defenders

Telephone: 718-838-7879

When he came out of the interior cell Arrocho, Richard was beaming with a smile, his height is 6 feet about 180 pounds and he looked like he had gained a few pounds. He had a white T-shirt, sweat pants and was swiveling around. He was led by a court officer and was trailed by another once at the defendant table - the charges were read aloud by the bailiff who asked Arrocho what his plea was - Arrocho responded ‘not guilty’. Ms. Strassburger requested the shortest time possible. Then judge Boyle gave October 5th 2011 - part H-92 Wednesday - then Arrocho was led away.

We were disappointed John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU, was missing, and Kevin Harrington vice president of the rapid transit operations who was also missing. Stephen A Downs chair of train operator division was missing as well - when asked why he did not appear in court his response was he was not aware thus indirectly saying that the members are on their own and we just take their dues.

Expenses, Expenses, Expenses………..

You can look at it yourself; Union work tends to be expensive. Look at the LM2s for the last few years and see what some high ranking officers (and some not so high ranking) charge the Union as “Union-related” expenses. It’s in Black and White.

We do understand that in Union work there must be some expenses, forking over some dough when the Union is lacking in say notebooks or pens or having to buy something “Union related” in an emergency and having to charge the Union for it is perfectly O.K., but some of the numbers are incredible and head scratching at the same time.

For instance in 2010 President John E. Samuelsen had expenses of about $42k, we are sure that as President there are many expenses that just pop up and have to be covered. No problem. But could someone explain why Vernon Thorpe former PAC director has expenses of $41K? That is only one thousand dollars less than the President of the Union. Strange but true.

In 2010, in our current administration, Jose Iglesias of the former administration, charged Local 100 for $15,645. Keep this in mind, he only made $3,340 in Union salary, and that salary was likely retro money owned on our delayed contract. Nice work if you can get it. Roger Toussaint did not take home any salary from the Union in 2010 yet charged the Union $9,139 for that year. So how do two guys who do not work for the Union charge the Union almost $25K? Your guess is good as ours. Maybe they were paid not to come to work.

Going back into the LM2s of 2008 & 2009 more interesting expenses come out: in 2009 acting President Curtis Tate had expenses of $42K, which is very much in line with Samuelsen’s total for 2010. Again, no problem. But elected President Roger Toussaint in 2009 charged the Union for $33K in expenses. So from the President’s office in 2009 over $75K was charged in expenses. That is more than many members make in a year. And if you compare to Samuelsen’s 42K expenses in 2010, it is close to double that.

But there are two expense records that totally defy explanation: call them the Easter Island of Local 100 expense charges, mysterious, unknown and totally unexplainable. One is from 2008 where former Stations Division Chairperson Jamel Chisolm racked up a whopping $13,402 in expenses. If anyone can answer why a Division Chair, not a VP, not a Director, not a top 3 position, can rack up $13,402 in expenses we would sure like to know. In fact Ms. Chisolm was the sixth highest expense gouger in the entire Union for the 2008 fiscal year! How a division chair can have more expenses than most of the Vice presidents and Directors in the Union is an astonishing fact.

But the best, or rather the most amazing account of “expenses gone wild” is ousted Secretary Treasurer Israel “Izzy” Rivera, who in 2010 racked up a whopping $65K in expenses. That is possibly more than anyone else in the history in TWU Local 100! But who knows, no one keeps records of such things. The fact that Izzy was deposed for alleged financial misdoings make these numbers only more fascinating and curious. If you factor in that Izzy only worked in his elected position until September, the month he was removed as Secretary Treasurer, roughly ¾ of the work year, then this probably is one for the record books. If you pro-rate expenses to cover the 3 months he would have worked if not tossed out, he’d have racked up a whopping 86K in expenses. Wow, Union work is sure expensive.

We support you

We support the New York City District Council of Carpenters in their labor dispute with Columbia University even though no one would like to say a negative on an education institute. However it has reached a point where one has to choose which side one stands - one cannot overlook when one of Columbia professor is linked to an insider trading case for raising the cost of medicine for treating kidney disease. Specifically for ultra rare infant spams and multiple sclerosis a vial of drugs costs more than $23,000 a vial; it was raised from $1,650 a vial.

As blue collar workers we side with our brethren of the New York City District Council of Carpenters in their labor dispute with Columbia University especially in their expansion projects. We are also happy when they deployed three rats in front of Columbia University which is a new record for rats.

Press conference could have helped

If John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU went to the Bronx County Hall of Justice on Monday, September 12, 2011 during the arraignment of the attacker of bus operator Marlene Bien-Aime after the court hearing by making a press conference to the press and media by denouncing the attacker for her heinous crime and pledging that we in the TWU Local 100 take care of our own that no one threats the safety of the membership or attacks one of TWU Local 100 and expects to get away easy then we would have stood beside him. 

We also believe the press conference would not interfere with the attacker Steangali Medina’s Fifth Amendment right to have her dispute resolved on admissible evidence by fair procedure in her trial. We also believe that it would not influence the jury or the judge but rather inform the general public that TWU Local 100 will prosecute to the fullest extent of the law without any leniency. 

Since then there has been one assault against TWU Local 100 member on Wednesday September 14, 2011 where a cleaner was attacked while working an overnight shift at Union Square Station. A male passenger came up to her mumbling something and slashed her finger. Had Samuelsen issued the above statement to the media and press  it could have probably been a deterrent to the attack of September 14, 2011 possibly. Any reasonable person would concede it is possible however he had to take the vestibule of 180 Livingston Street. The other side of the equation is that John E Samuelsen’s failure to speak out in some contexts rises to the equivalent level of negligence.

Now John E Samuelsen is going around claiming that bus operator Marlene Bien-Aime wished that no one show up at the court. In addition that her religious belief of forgiveness should be respected with her personal wishes - that is not a well-thought-theory. It is interesting if that is to be believed however we will not hold our breath. We here in why did you join the union believe in the common good of all the TWU Local 100 as an organization where its membership’s safety outweigh personal wishes. We are disappointed at how John E Samuelsen went missing. It’s bad because it adds insult to injury by peddling this version while not thinking intelligently with some sense of strategy.

Latest Attack On MTA Bus Driver Runs Total To 59 In This Year

Latest Attack On MTA Bus Driver Runs Total To 59 In This Year: CBS 2's Lou Young reports.

Assault pay

The collective bargaining agreement (CBA) between The New York City Transit Authority, Manhattan and Bronx Surface Transit operating Authority and Transport Workers union of America, AFL-CIO, Local 100 2005-2009 on page 7 section 8 speaks about

Assault Pay

All employees in the titles of Bus Operator, Train Operator and Conductor shall be entitled to assault pay (“run pay”) for up to two years for injuries incurred on duty as a result of physical assaults. The assault pay consist of a differential payment which shall be sufficient to comprise, together with any Workers’ Compensation payable to him/her under the provision of the Workers’ Compensation Law the amount, after taxes, equal to his/her after tax wages for his/her scheduled working time at the time of the accident.

We also do not agree with the our employer rule 10 conduct of employees specific 10(e) Possession or use of firearms or other weapons on System property, whether on or off duty, is prohibited. 

We here in why did you join the union would recommend the following to John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU for the contract of 2012 - we know that we cannot eradicate assaults against TWU Local 100 membership however the membership should be adequately compensated for their injuries. The above assault pay we feel is not enough, coupled with our employer’s restrictions which makes us sitting ducks and the public knows that.

We believe all TWU Local 100 membership should be covered by the assault pay without exclusion of any title. Lets categorize or classify the assault and their rate of pay and the duration of time they need to recuperate.

Minor assault - examples: spit, yanking of hair, throwing something (metro card thrown into the eyes) then that member is entitled to their run pay with the duration of recuperation two years.

Major assault - example slashing, punching, throwing hot coffee then that member is entitled to their run pay with the duration of recuperation five years. 

We propose to John E Samuelsen that those members who were assaulted after finishing their recuperation period before heading back to work should be put on staff position at the union hall to get back to speed to enable them to bridge the gap in reducing the trauma of going back - they have earned it the hard way and that is the right thing to do. 

As you are aware bus operator Maria Hogan was assaulted on Saturday September 10, 2011 and another member of TWU Local 100 has also been attacked on Wednesday September 14, 2011 at Union Square with details to follow.

Bus Operator Maria Hogan

Bus operator Maria Hogan was assaulted as many of you have read in the local media - she comes out of Kingsbridge Depot. It is obvious this assault is heinous since this bus operator did not create the construction site and she definitely did not close the bus stop at the construction site.

Our employer the MTA should have put notice of the closing at that bus stop location so that the public knows that the bus will not stop at that location. In addition there should be notices on board the buses so that the customers are aware of the bypassing of their desired bus stop. Similar to how on the trains there are notices when there is station construction, track work or closing of a station.

Since it is known that BX 9 is an assault route we recommend that only buses with cameras should serve that specific route so as to gather evidence and the perpetrators images. In addition to the promised protective partition which is suppose to protect our fellow co workers. 

John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU must take the assault of the membership issue seriously - ‘Not too long ago, Stations own Tareque Ahmed was attacked by a crazed member of the public - according to TWU Members of Station email group’. Another outstanding assault on bus operator from 100 Street Depot who was operating M101 that happened on Thursday June 30, 2011 at 3rd Ave and East 106 Street around 1156 PM has not been solved either.

It is clear that assaults are on the rise - it is also clear no one seems to come with a solution to the benefit of the TWU Local 100 membership. We are still of the opinion that if our employer is forced to pay more to the assaulted member of TWU Local 100 (for example if from the current agreement that was entered in the collective bargaining agreement (CBA) of two years with the run pay were to be raised to five years with run pay) then maybe the MTA may take safety and security of the TWU Local 100 membership seriously. We must protect our own.

We know where he was

Many of you who wanted to know why and where John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU was for not attending the case arraignment of the attacker of the bus operator Marlene Bien-Aime at The Bronx County Hall of Justice on Monday, September 12, 2011.

Here is what we found out, as diversionary tactic John E Samuelsen created a rally to take the vestibule of 180 Livingston St, where NYC Transit Human Resources Offices are located. As many of you who have passed thru those doors know the vestibule is not guarded by armed police but rather by security guards who handle everyone with kid gloves. The rally was for a brief moment in addition those who were there ready to cover the action were ready with the cameras and flashes, we know John E Samuelsen works them well. 

We would advice John E Samuelsen that he should show his true colors by heading to Jay H Walder, Chairman and Chief Executive Officer office located at 347 Madison Avenue, New York, NY 10017-3739 and take over the vestibule. Walder’s office is fair matter however we can guarantee that John E Samuelsen will never lead or stage a flash mob or even dare take the vestibule of 347 Madison Avenue. What are the odds that John E Samuelsen will head to take over the vestibule of 347 Madison Avenue - it wont happen. We know he would bark up the wrong tree at 180 Livingston St, Brooklyn.

The reason for raising this fuss is the change of health providers which resulted in lowering the level of coverage among the membership of the TWU Local 100. However that is kind of late why not tackle it since January 2011? Secondly Ms. Benita Johnson handled the ‘equal or better’ medical grievance arbitration - any word? Third if the arbitrator will release his decision today we will know the outcome, fourth last year (2010) the management consulted TWU Local 100 on the change of the provider. TWU Local 100 sent a delegation of two members - what did they acquiesce to? Do you know who those two were? - one is considered the right hand of John E Samuelsen who is the vice president and the other is special assistant to the president.

Assault on bus operator

Bus Operator Maria Hogan was assaulted on Saturday September 10, 2011.

Bronx Courthouse

As you are aware the attacker - Steangali Medina of the bus operator 

Marlene Bien-Aime who was assaulted while doing her work on Tuesday June 21, 2011  was arraigned in Bronx County Criminal Division Court on September 12, 2011 around 

1030 AM.

The weather was fair outside the courthouse however inside the court it was not fair - Steangali Medina employed a clever lawyer, who appeared to have the edge over the assistant district attorney of the Bronx. It was a one sided affair Steangali Medina had her family with her and when her name was called her lawyer stood up, looked backward and waved for her to come forward - she was seated at the last bench in the rear of the courtroom. When she stood up she was around 5 feet tall and weighed about 160 lbs. She had long black hair with pink flashy lipstick and she wore an athletic T shirt with sweat pants. When she reached her lawyer they proceeded forward to the defendant table - at the same moment the assistant district attorney bending over the the table was shuffling the papers and not looking up.

While the judge sat patiently the bailiff announced the case and handed the file to the judge who opened the folder and started to read. Instantly Steangali Medina’s lawyer started to engage the judge in a manner of seeking leniency of time and leniency of adding any other charges since she is under the age of majority, that she is seventeen years old (17). Her physical appearance indicates she may be older - her lawyer claimed due to the fact that nothing was provided to him from the District Attorney office or the State - he requested Thursday as his day of liking. The judge agreed to both requests and he affirmed the previous charges without adding anything else - we wished she was charged as an adult. In addition we would prefer the charge of assault in the first degree instead of current one assault in the second degree and assigned November 3, 2011 that it will be moved to part H-96. The judge adjourned the case. Immediately she sneaked out - we could not pursue her at the same time to get the information from the bailiff.

We were disappointed John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU and his cronies were missing at the Bronx County Criminal Division Court. John E Samuelsen with his cronies blasted email and text messages claiming that the case was cancelled and that was far from the truth.

However one of John E Samuelsen’s cronies claimed that one party will be there that is the attacker thus we would not show up - this principle is nonsense. Lets assume a member is dead just as Edwin Thomas does it mean that no one should show up? It is hypocritical of John E Samuelsen and his cronies - in the memory of Danny Boggs the whole executive board was forced to attend the memorial.

No to 195 Montague Street

Recently John E Samuelsen president of TWU Local 100 - Take Backward Our Union TBOU has doubled his efforts to purchase the above property. It is ridiculous for one to purchase twenty percent (20%) of any property in addition the remaining eighty percent (80%) is under the co-op board directors. Now lets take a look at the facts of the said building as presented by KVNY Commercial - as it has been designated ‘Downtown Brooklyn Submarket’ there is 3rd floor that is empty then there is the 9th floor which is also empty.

It is a fact of life co-op board of directors are hard to deal with they are difficult people who want to elevate themselves above others and who have a lot to say. When one wants to purchase a co-op apartment many of you have heard the negative impression the co-op board of directors have had in the past which is the issue here.

First if the co-op board of directors claim the presence of TWU Local 100 then that will devalue their shares. Boards of directors in cooperatives have two basic legal obligations. The Board must follow the co-op's internal rules (as set forth in the by- laws, the proprietary lease, the certificate of incorporation and the house rules). It must also exercise prudent business judgment in making decisions, just like any other corporate board.

Second lets assume co-op board of directors of 195 Montague Street would welcome us with open heart - what if when we have differences among ourselves when we have heated debates and our voices are loud what will the co-op board of directors do then?

Third events - as TWU Local 100 we have many events, we cant have co-op board of directors stoping our events. Fourth lets assume we want to hang a huge banner against either the MTA, New York City Mayor or the New York State Governor is it possible?

Fifth if this property will become a union property - lets assume the co-op board of directors contracted non union workers then how would we be viewed allowing scabs to work in our property.

Sixth the entrance point - will the TWU Local 100 have its own exclusive entrance as at 80 West End? Those are simple observations - we encourage the members of the executive board to say no. We need a neighbor who would have little to say about whether TWU Local 100 could buy the house next door. However the shareholders in the co-op corporation, represented by the co-op board, have a whole lot to say about who can become fellow members of their club.

Analysis tropical storm Irene 2

Jay H Walder did not acknowledge or honor the blue collar employees for their industrious skills and orderly manner of storing all the equipment in the hyped hurricane Irene that was based on a forecast which later on turned out to be tropical storm Irene. There was no praise for the bravery of the blue collar employees or honor or acknowledgement.

Not only did the blue collar employees shut down the premier mass transportation system in the world but they brought it back to service once ordered to do so. Therefore  why is this an intentional overlook? Maybe Jay H Walder is so intoxicated with supremacy that the blue collar employees are invincible to him. That is a sign of faulty leadership skills whereas President Barack Obama honored the seal team in accomplishing their assigned mission.

TWU Local 100 website went down during the tropical storm Irene with no clear explanation as to why since the communication department is loaded with personnel who are collecting six figure paychecks. However we may get talk, talk, and talk without any clear explanation of why our membership dues are wasted? Don't expect a coherent explanation from John E Sameuslen or his communication department. Simply nothing adds up he has total lack of coherent strategy but rather he will deploy false hope to the membership towards the contract of 2012.

We know John E Samuelsen will not listen to us or to others who are opposing him. We know he will run around like a headless chicken with initiatives after initiatives that never accomplish anything and survey after survey. This combination of ineffectiveness and hyperactivity is the worst combination of all - we hope he will take full responsibility for the actions of his Take Backward Our Union - TBOU team. However there is increasing concern of incompetency about his leadership during the tropical storm Irene. Clearly the membership are concerned about their 2012 contract rightfully so. 

There is no question that there is an issue of competency in the heart of John E Samuelsen and his Take Backward Our Union team as demonstrated in last year’s 2010 lay off and snow blizzard fiasco. The other example is during the tropical storm Irene when he went missing in action as noticed by the membership - who lamented why would he come out in the rain when he doesn’t come out when the sun is shining?

Analysis tropical storm Irene

John E Samuelsen president of TWU Local 100 Take Backward Our Union - TBOU has got to understand that the issue here is about his leadership. The failure of the TWU Local 100 on appearance is not as bad as the failure of TWU Local 100 on substance. So lets turn on the issue of the contract, let us take just one key element as noted in the HAVOC survey - wages. One key individual who is the person responsible for steering us through this contract is Stephen A Downs, chair of the train operators who has recently produced faulty edicts - now John E Samuelsen is relying on him. Can he inform us on what basis?

It is clear there is no policy from Samuelsen or Downs to mount the contract negotiations thus they are incapable with dealing with the big issues faced with this TWU Local 100. Now the question is are they able to lead us to a great contract? What can they achieve for us? What plans of action do they have ready to deploy in the event we reach an impasse? Nothing. What would they do to help the membership? Nothing. What have they done to help the remaining laid off brethren? Nothing. What is their basis for their policy? Is it to do nothing. Now will they appear in court on September 12 or 21? They may be missing in action.

Are Samuelsen and Downs doing a good job or are they just talk, talk, talk but no action. If Samuelsen was missing in action during tropical storm Irene why should the membership believe in John E Sameulsen. Here we have no confidence in Samuelsen and Downs - one was missing in action while the other produces faulty unreliable information. It serious for the well being of the membership - to take TWU Local 100 forward into the 21st century. Clearly this duo team is collapsing before our eyes.

Tropical storm Irene proved to the membership that John E Samuelsen and Stephen A Downs have no substance in anything they say. When the membership had to work for long hours they did not have nutrition. Samuelsen and Downs are full of words, words, words - we will get on with the action. Membership now feels no one is in charge at the union hall due to the fact that no one deals with the problems they are faced with. It is obvious the duo Samuelsen and Downs do not get that their leadership is paralyzed by indecision, and crippled with infighting which exhausted it. Now there is leadership void - John E Samuelsen and Stephen A Downs are finished they have nothing to offer to the membership. Isn't it obvious that a new leadership will emerge in the election next year with new ideas to lead us forward not backward.

Analysis pre hurricane Irene 2

If our work is suspended, we have to report to our job sites, which translates that our jobs are important. Thus we must have extract concession from the management for that attendance. There have been conflicting reports from the current leadership, specifically on the volunteering.

‘The TA will be looking for volunteers to stay on the property -- and on the clock -- after the shutdown begins so that they have the necessary crews to complete the shutdown and get service back up ... the TA will probably be happy to see you...’ said Stephen A Downs, chair of the train operator division, on August 26, 2011. Clearly here the TWU Local 100 membership relied on this faulty edict.

Now TWU Local 100 membership, who volunteered, were facing problems with getting paid. What do you think Stephen A Downs, chair of the train operator division, did on September 1, 2011? He wrote ‘If you were at work over the weekend and have any pay problems, contact a union rep in your dept.’ In the heat of the battle he walked away and threw the issue for others to handle it; maybe he is incapable of delivering what he promised. TWU Local 100 membership are not his servants, and he shouldn’t require them to volunteer without getting paid. He has no courage to say that he was wrong, that he is sorry, or maybe that he forgot what he wrote previously. But rather, he believes the membership should forget. In the election of 2012 you have to remember this one - send him back to his tools. 

Analysis pre hurricane Irene

Jay H Walder and the management considered the pre hurricane Irene action as a good omen and as a guiding manual in dealing with TWU Local 100 if it intends to strike in the future. Opposite to the snow blizzard disaster of 2010 that brought shame to the management coupled with the public outcry - where the equipment was strewn all over the place in addition to devastating personnel availability.

Jay H Walder can always find some brightness however bleak salvaging his public image before heading to Hong Kong was even with the public announcements of mayor Bloomberg. We were looking for those New Yorkers who rely on mass transportation - with an average weekday there are 7.5 million passengers. Therefore that means that those people just aren't going to stop looking for transportation. However shutting the system down may be annoying to New Yorkers - shutting down their transportation system across the board as a preventive measure has no bright spots. Mayor Bloomberg may have lost some of the confidence, that people just don't want to be worried or scared from a weather forecast.

It could have been prudent for Jay H Walder and the management to shut the New York City mass transportation system on an incremental basis based on a reality on the ground instead of a complete shutdown that relied on a forecast. 

Labor day

Not visiting the membership

‘Irene had at one time been a major hurricane, with winds higher than 110 mph as it headed toward the U.S. It was a tropical storm with 65 mph winds by the time it hit New York. It lost the characteristics of a tropical storm and had slowed to 50 mph by the time it reached Canada. AP’

Since now we know how to differentiate the storm hype and reality, did mayor Bloomberg when he ordered evacuations coupled with a role in ordering a variety of actions that had the result of shutting down New York City for two days in the wake of tropical storm Irene lead to much hype? Was it portrayed as armageddon, no - was it annoying, yes. In reality it turned out to be a tropical storm. Leadership in general is described as eliciting others cooperation for the benefit of all. An example that may be used to describe this phenomenon is that of a lion’s behavior. There are all kinds of leaders in the world whether in the political, military, or financial Institutes and in the event of incidents those leaders would survey the field in addition to checking on the well being of their co workers. Those are the basic characteristics of leadership.

Now lets review the actions of John E Samuelsen (leadership skills) president of TWU Local 100 - Take Backward Our Union - TBOU why did he not visit the membership in the field - why was he missing in action? Many have reasoned that if the TWU Local 100 membership left their loved ones at home to traverse to work locations and braved the much hyped hurricane Irene turned tropical storm Irene then at the minimum John E Samuelsen should go out and meet the membership in the field - so what did he do during the much hyped hurricane Irene turned out tropical storm Irene? Rumors are flying off.

First that John E Samuelsen was sick with the flu and that he was confined in bed - we wish him speedy recovery and to get well. Illness is a trump card that ends the story, usually it is used wisely to avoid legal troubles. 

Second John E Samuelsen’s cell phone ran out of battery thus he could not communicate with the rest of the membership since there was no electricity in Brooklyn to charge his cell phone. This one appears to be not plausible (It is true Con Edison shut down the nuclear reactors and steam as a preventive measure however the coal and fossil fuel generators did the job admirably by keeping New York City lit up).

Third John E Samuelsen was bailing out water out of his house due to the rain water however our brethren at Stillwell Station & Surf Avenue claimed they were dry (this one was our preference due to the fact that it gives a metaphor of an old wooden ship that was taking water with the men under the deck bailing out water using wooden buckets - while captain Bligh above deck barked orders).

Fourth that the union car that John E Samuelsen used had limited gas and that it should be used for emergencies only - so he was unable to visit the membership in the field. Now what do you think? Pick your choice whether it is the first - illness, second - no battery, third - bailing out water, fourth - car. Your guess is as good as ours, welcome to the land of John E Sameulsen hyped leadership and the reality missing in action.

Waste of membership dues

This leads us to another waste of our membership dues: union reps going to conferences organized by fraternal or political groups. So far this year there has been a trip to Vegas, a trip to Puerto Rico as well as trips to Albany, Washington D.C., Portugal, Scotland and god knows where else. Why? To hob-nob with fraternal or political groups who organize large gatherings as a means to fund raise and have a good time away from home.

At these events there are workshops and speakers, but it is mostly about the free dinners, free booze, free jackets and fancy locations. It is a waste of our membership dues. We have never heard of any benefit to the TWU Local 100 from one of these social occasions. But union reps clamor for the spots to go. They nearly fall over each other with their hands out. And this is nothing new, it has been like this for years and years.

There have been some TWU Local 100 VPs that have been on more trips this year, than they have been out in the field visiting their members. That is a shame. And when one division goes to an event the other six divisions look on with envy and make sure they are the next in line. They are like hungry puppies looking to feed off their mother. It is so bad to the point where one VP joined one of these groups a few weeks before a Puerto Rico trip just so they could be eligible for the trip. A move that can only be described as:  Ridiculous, dishonest and just plain cheap.

Where were these fraternal groups when we went on strike? Did any of them lift a finger when our people were laid-off? You know the answers as well as we do. Groups like the Emerald Society, CBTU and LACLAA never have done anything for us. These trips and perks are a useless endeavor that help no one and only siphons membership money out of the TWU Local 100.

If the VPs want to go to one of these functions then let them use their own money, they all make well over $100,000 a year. The perks in the Union Hall have become something of an issue. Be aware that not all union reps join in these perks, the perks are mostly for the VPs and other high ranking officers. However how on one hand can the TWU Local 100 say we are in financial dire straits when it comes to hiring more field reps, or limiting pay for some of your hardest workers and then shell out extravagant perks for a select few? That is hypocrisy of the highest order.