Free rider

Many working conditions are what economists call public goods. A public good is some product or service that many people can consume together without reducing the total amount of it. A second feature of a public good is that it is difficult or impossible to deny people who have not helped to pay for it from consuming it. The classic example of a public good is national defense.

Many working conditions are also public goods. One example is the speed of the assembly line and a second is the installation of an improved ventilation system. The problem with public goods is that each individual has incentive to be a ‘free rider’ hoping  that someone else will pay for the good and that he or she can then enjoy it for free. 

Thus each worker may be concerned about safety in the plant yet none will actually speak up, hoping someone else will do so. While this behavior is non optimal from the group’s point of view, however from the perspective of each worker it is entirely rational since he or she would bear the cost of possible management retribution or displeasure while everyone else would reap the gain. As a result a system of individual bargaining may produce less than optimal working conditions. In TWU Local 100 who are the ‘free riders’?

Questions - 1. Unionization among nurses and school teachers increased substantially in the 1970s. Among bank employees on the other hand unions made few inroads - can you explain what factors might account for this difference? 2. What do you think are the growth prospects for labor unions in the next 10 years? 3. In a number of respects the Teamsters union has a poor public image. Each year, however more workers vote to join the Teamsters than any other union - do you have an explanation for this phenomenon? 

Who bargains with whom

The structure of bargaining is important because it plays a pivotal role in determining the relative bargaining power of the employer against the union in the negotiation process. 

There are two dimensions of bargaining structure, the first dimension is the MTA as the employer unit is defined as the plant, firm, or group of firms covered by a specific collective bargaining contract. The smallest or most decentralized form of the employer unit is a single plant/single employer bargaining. The chemical and petroleum industries typify this form of bargaining structure. DuPont, for example has several dozen branch plants throughout the country, only a minority of which are unionized. In this situation the management of each unionized plant bargains separately with its union and signs a separate collective bargaining agreement that applies only to that plant.

The second type of employer unit is multi plant, single employer bargaining. The automobile industry is the classic illustration of this form of bargaining structure. General Motors Corporation, for example has over 120 separate plants or facilities nearly all of which have been organized by the United Automobile Workers. Rather than bargain on a plant by plant basis, the union and the company have centralized the bargaining at higher levels of authority in the union and the company. With this form of bargaining one master agreement is negotiated that covers all the organized plants of the company.

The third type of bargaining structure on the employer side is multi employer bargaining. Classic examples are the coal and construction industries. Multi employer bargaining usually occurs in industries where numerous small firms have been organized by one or more unions. To increase their bargaining power and prevent the union from playing one employer against another, these firms form employer associations such as Bituminous Coal Operators Association (BCOA) that then represents all the employers as a group in the bargaining. The collective bargaining agreement in this case covers workers in different plants and among different employers. Questions - 1. We in the TWU Local 100 fit which model? 2. A common saying is ‘a union organizer’s best friend is bad management’ what does that mean? If a union succeeds in organizing a firm is that necessarily a sign of management failure?

Trams

Maybe the geniuses in the department of buses DOB could be creative by offering a plan of encompassing trams low floor design that allows loads of passengers including the disabled directly from the sidewalk in the near future. Such as those ‘passengers appreciate the ease of boarding and alighting from low-floor trams and moving about inside 100% low-floor trams. Passenger satisfaction with low-floor trams is high. Low-floor trams are now running in many cities around the world, including Milan, Dublin, Prague, Riga, Melbourne, Hiroshima, Houston, Vienna, Istanbul and Strasbourg’ - Wikipedia

Imagine that those trams go above surface and lets also assume that they start all the way from the tip of the Bronx to Brooklyn - if the DOB brass are imaginative by observing simple mathematical calculations of what we know then they would start making plans. We know that the population is increasing, we know the price of fuel is increasing, we know there will be tremendous increases in the demand for mass transportation, we know the elderly and disabled are not served by the DOS, and we also know that the buses are being suffocated by traffic which will be constant.

It is obvious that the tram being above surface should be in the plans of the DOB, however do not hold your breath.

Department of buses

Now the department of buses is flush with the federal dollars that have been assigned by the US Department of Transportation - we in the TWU Local 100 expect those monies to be put in use to help New Yorkers get around their city better.

Definitely now there is no excuse for cuts, deficits, service reductions, declining numbers, inadequate recruitments or budgets being raided to solve other non related items. While there are older buses that are on their last legs, they need constant upkeep thus the rate of return on that investment is on the negative side.

Can someone say there is a better improvement in the DOB now than in the 1990‘s? It is doubtful that one can claim there is improvement so should New Yorkers be shortchanged by their tax dollars? For example by the massive service cuts that were implemented in 2010. We are dismayed by the incoherent policies that enumerate from the DOB brass. For example the Nova articulated buses - Select Bus Service SBS are let to stand still for 3 days every weekend probably to collect dust. From late Friday, Saturday and Sunday - while they are needed in a congested route such as the M60 that serves Laguardia Airport. Now who are these geniuses who probably collect high six figure salaries with a free car and EZ pass, there are many in back office jobs doing paper work carrying out corporate development work who should be on the front line. Who will cut the bureaucracy - it would be great if those geniuses were in the boardroom of Donald Trump probably they would leave with their faces sunken in their hands.

One wonders if there is real improvement to applaud and celebrate in the DOB - one wonders if the DOB is taking the advantage of the newer technology or any development mentioned. There is no question there is lack of creativity, imagination or even lack of thought in creating new routes. For example there is a need for bus service between Laguardia Airport and the Bronx however those geniuses will give you a list of obstacles instead of solutions. There is a need for bus service between upper Manhattan and JFK Airport however those geniuses will give you infinite excuses. There is a need for bus service from the Bronx to Coney Island again those geniuses will blame everything under the sun. Now there is no question that there is a need for a bus service between Yankee Stadium and Citi Field or Arthur Ashe Stadium. However do not expect any - why because there are difficulties, failings in the DOB, down to bungled contracts, endless reorganizations, top down targets which are the hallmark of below average standards. One wonders how they will be able to get away for so long while the private sector is creating amazing bus services.

Clearly in the DOB there is a brain drain that it wont improve even when the money is coming in - the only thing they are good at is cutting back service that is their policy. Now there must be reform, we must get the value from our investment that is being pumped into the DOB.

Overseas trips

We are aware that John E Sameulsen president of TWU Local 100 Take Backward Our Union TBOU schedule is filled up with infinite meetings, and he presides over other duties that are associated with the office of the presidency. However in the course of his busy schedule will the president pause to consider the desperately needed contract demands which combine with the attitude from the former MTA Chairman and CEO Jay H Walder. Who had the scrooge like cuts and his lack of concern of the plight of New Yorkers reliance on their premier mass transportation system in the world. In addition with his complete lack of concern in the well being of the blue collar in the MTA.

We would like to point out to Samuelsen that all these sort of factors may lead to zero growth in the contract of 2012 and the membership are not going to accept that. Sameulsen must demonstrate to the membership three key elements - first, how we will be successful - second, we are not going along with any cuts on service in the future - third, that there are increases in service in the future based on the demand. 

The membership are looking for a better future, hope and chance in prosperity. We believe Samuelsen should not back out of his responsibility now - especially in increasing or building up on the benefits that have been accrued and that have been previously accepted. On the matter of benefits there will be no difference on which side one stands on in the importance of those benefits to the wellbeing of the TWU Local 100 membership. We believe Samuelsen does not hate to get the membership better benefits. However we are not prepared to accept winter of discontent, gloom, pessimism, or defeat since we believe that is gone. We do not want to hear bogus excuses from him that he was unable to put the benefit of the membership first but rather his trips overseas are important. We say he should put the membership’s benefit first. It is obvious he may kill the hopes and dreams of so many families who rely on that TWU Local member, he may say he put the membership first but his action says he puts himself first thus putting the membership last.

What Samuelsen wants is to work without a contract and the membership says never. We say no alternative but the contract demands that we have come forward with must be won. We have noticed no compassion from the management side on how the membership are treated - we notice the stench of appeasement in the air from the current leadership. We know he likes to set his agenda and policies according to the prevailing wind but is not quite sure which way its blowing, he resorts to his usual tactics  of undertaking trips overseas therefore ignoring what the membership needs.

Michael Alden’s Contract Demand 2011

Main table

1. Substantial pay increase for each year of the agreement
2. Substantial increase in night and weekend differential
3. Longevity pay at the rate of $100 per year - $1,000 for 10 years, $1,500 for 15 years ,$2,000 for 20 years, $2,500 for 25 years, $3,000 for 30 years
4. We want 50% penalty for delay of earned wages that have been delayed beyond 5 business days of the normal payroll day then compounded as a penalty for each day there after
5. Cash in full value for unused vacation, sick allowances and they should be pensionable
6. $20 meal allowance for attendance in any proceeding or medical assignments or otherwise
7. All medicals to be paid at the minimum 6 hours time spent
8. 6 weeks vacation after 20 years of service 
9. Eliminate the overtime cap
10. Life insurance of minimum of $10 million paid by NYCTA for any employee losing their life while on the job
11. Annual sick allowance to be credited on 1st of January for all employees regardless of the length of the employment
12. Eliminate diagnosis/prognosis line in the sick line form
13. Amend the 3 days to 10 days to turn in the sick line form
14. Family members getting universal passes for spouse & children
15. Universal passes of the employees and their family members to be made valid in all MTA rail, buses lines to include bridges and tunnels
16. Discipline managers for wrongful prosecution
17. Reduce disciplinary investigation from going back 3 years to 12 months only
18. Eliminate co payment for any medical visit
19. Dependents college student health coverage to include dental and vision
20. Benefit should not be cancelled or cut for an out of work employee for any reason including reclassification
21. Increase in choice of health care providers at a minimum of 7 providers
22. Paid personal day and holidays regardless of the length of employment
23. Death in family to cover extended family leave to increase to 7 days at full pay
24. Ordinary death benefits to be increased for the member and their spouse
25. Move back the contract expiration date to expire in December 2014

Division

1. All swings should be at a minimum of 50 minutes
2. Swing should be after the fourth hour
3. Tripper swings should be paid in full regardless of their length
4. Increase the quota of change of days, vacation days, AVA & OTO to 10%
5. Donate OTO, AVA, vacation time to a fellow member in need
6. Eliminate sick control list
7. Employee can not be taken out of service until guilt has been proven
8. Jury duty should be considered as time worked - want to double up, extra piece
9. 10 minute pre trip inspection for on the road relief/ pre trip inspection at the depot increase to 20 minutes
10. Mandatory swing rooms at the end of the lines
11. OTO time to be cashed out at any time of the year
12. 1st preventable accident should be appealable 
13. Unlimited cash out of vacation time
14. Pay for the day when you are put back to work by the doctor - suppose you come back at the middle of the day or afternoon then you are told your run is out
15. Maternity leave 8 weeks with full pay
16. You should not lose pay while waiting for reclassification whether for medical reason or any other reason
17. Premium pay on cdl, 19A, stress etc. stressful titles require stressful premium pay
18. Substantial pay increase in shifter differential and articulated differential
19. Assault pay should be 5 years
20. No preset penalties all should be negotiable 
21. Taxes reimbursement for license renewal 
22. No layoff
23. Mother nature events (Emergency) snow blizzard, earthquake, hurricane, tornadoes whatever they must be specific and clear spelling out what, when, where the employee should do
24. $2 holiday premium must be raised to $5 holiday premium to cover all 11 holidays
25. The increase of our personal auto insurance that is being caused by work related accidents must be reimbursed by NYCTA

Bad standing V

You have a right to protest and complain to the Department of Labor, here is the address:

U.S. Department of Labor, OLMS

District Director

201 Varick Street, Room 878

New York, NY 10014

Phone (646) 264-3190

If you are a member of TWU Local 100 in good standing you can request from the Department of Labor to make public of those ‘forty one (41)’ current officers and challenge the election of 2009 of TWU Local 100, that they should be barred from holding office.

John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU should be bold by revealing the names of the current officers who were in bad standing ‘forty one (41)’ sooner rather than later, he should be bolder by kicking them out of office. He should not tolerate those current officers who were in bad standing however do not hold your breath, he loves them and he will protect them. You will have to pay for the legal fees that is a cavalier arrogance with the membership dues.

It is understandable if the membership feels that John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU is out of touch. With fairness means to the membership who work hard and play by the rules and who are feeling this bad standing issue only exposes Samuelsen’s true colors by ignoring this issue, it is obvious he does not have a little bit of sympathy with the membership who feel he is out of touch. When do you think he will recognize this issue of bad standing - we believe he will not deal with bad standing based on this below.

John E Sameulsen president of TWU Local 100 Take Backward Our Union TBOU - on Tuesday June 29, 2010 - Executive board meeting minutes on page 3, paragraph 4 says ‘In regards to the investigation that is being conducted by the Department of Labor there is anticipation of names of those that attended the International Convention to check if they were in bad standing. President Samuelsen will litigate on behalf of those at Local 100 found in bad standing ...’. We do not agree with his point of view, why waste the membership funds in defending those officers who were in bad standing. It is obvious he is out of touch, he is a nice family man but he has poor judgement.

TWU International and TWU Local 100 are facing difficult and challenging circumstances in regards to the bad standing issue. The current leadership instead of rising to the occasion in cleaning the mess they have created they chose to litigate and protect current officers who were in bad standing. It is obvious that they are out of touch and are not concerned with what affects the membership in improving their livelihood prospects.

Bad standing IV

The bad standing issue has given evidence within the membership that tells a consistent story on their poor morale, and declining participation in the union activities and events. However John E Sameulsen president of TWU Local 100 Take Backward Our Union TBOU cronies will jump to his defense by claiming that he is the best president ever in the history of TWU Local 100.

Those cronies will never answer the question of why John E Sameulsen is still embracing the current officers who were in bad standing? Those cronies will tell you that there are real improvements. It is their hallmark of denying the existence of any problems. Thus they will never admit or solve the bad standing issue which everyone knows is seriously wrong.

As long as John E Sameuslsen remains in office TWU Local 100 is facing crisis after crisis. He will not admit that he is more concerned with his politics than the reality of improving the membership’s prospects in the reality that it exists. His politics are of convenience not of convictions. We hope he has the vestige of authority and courage left to stand up and say now that the current officers who were in bad standing will be banned from holding office. It is strange that he would not obey the Labor-Management Reporting and Disclosure Act of 1959 LMRDA, TWU Constitution TWUC, and TWU Local 100 By-Laws. Maybe Sameulsen’s weakness in dealing with the bad standing issue is the reason his administration is the incompetent mess it is.

Samuelsen should not avoid the difficult issue of bad standing. It is strange that he is not pushing to get those ‘forty one (41)’ current officers out of office, that does not bode well with the membership nor does it instill confidence in his administration. Maybe Sameulsen’s administration not doing anything in this delicate matter is unhealthy for TWU Local 100. He should send a clear signal that TWU Local 100 is a clean organization and that there will be a comprehensive plan to move TWU Local 100 away from corruption to the rule of law and democracy - the United States District Court - Southern District of New York will inform him to respect the law and democracy.

We need TWU Local 100 to be a strong, stable and clean organization and the membership would be better off not otherwise. Maybe Sameulsen does not seem to understand that the membership is contempt and unhappy with those officers who were in bad standing, maybe he is living in another planet.

Bad standing III

There is a firestorm that has engulfed TWU International and TWU Local 100 in our ability to police ourselves as well as our ability to respond. It is obvious there is no moral courage from the current leadership in their ability to respond or to relinquish from those forty one (41) the office they are holding thus sending a wrong message to everyone thus it warranted a judicial intervention. It is obvious those current officers, the ‘forty one (41)’ are selfish due to their inability to think above all how they have dragged down TWU Local 100 for those observing or watching this institute. However the problem is not one sided, the other side of the coin is the inability of the current leadership to get to the bottom of this bad standing issue by prosecuting those who are guilty.

We are sure the membership is showing incredible courage, bravery and strength. They do not condone those current officers who were guilty of bad standing to hold office. Maybe the leadership should pay tribute to the membership’s bravery.

It is an insult to the membership that those ‘forty one (41)’ are still in their posts - it should be made clear that they should resign. In addition there is a need to a root and branch change at this entire organization of TWU Local 100 - we think it is becoming increasingly clear that the current leadership in the International and TWU Local 100 tried to sweep this matter under the rug. What happened here is disgraceful and should be addressed at every level they should stop thinking of other endeavors when they have to sort out the mess they have created. Why allow those ‘forty one (41)’ to hold office? It should be revealed why their bad standing was overlooked - or will they claim they had assurances they were not aware, they did not know they were in bad standing.

Will the current leadership be wise enough to let ‘forty one (41)’ go? When such a serious cloud hangs over TWU International and TWU Local 100 one wonders what other abuses and systematic patterns of deceit we have seen. We hope the membership speaks with one voice that the current leadership should recognize that the world has changed and they should listen to the membership - no reasonable person would argue with that point of view.

TWU International and TWU Local 100 does have a duty to act at all times within the Labor-Management Reporting and Disclosure Act of 1959 LMRDA, TWU Constitution TWUC, and the Local By-Laws, they have to obey all aspects of those. However they did not make sure those seeking any office were fit and proper. We must demonstrate as an organization how we do obey the LMRDA, TWUC and Local By-Laws. We must send a clear message to everyone that with this bad standing issue that we will get on with cleaning our stables. 

Bad standing II

It is a simple principle anyone who is in bad standing can not hold office, whether through election or appointment. The pending federal case which is against TWU International whom all of its actors who were in bad standing are from TWU Local 100 - so why do we have this high number of officers in TWU Local 100 who were in bad standing. In addition why ruin the reputation of TWU as a rogue organization by not being accountable or having safeguard mechanisms to ferret out any one who is in bad standing why ignore, overlook or sweep under the rug the Labor-Management Reporting and Disclosure Act of 1959 LMRDA, the Transport Worker Union Constitution TWUC and the TWU Local 100 By-Laws - pick your choice of answers you may get from those actors. However based on the facts in the pending case it is not only three officers who were in bad standing but it is ‘over thirty (30)’ as per the US District Judge now we have learned that number stands at ‘forty one (41)’ as per TWU Local 100 those answers should be taken with a healthy dose of skepticism.

Labor-Management Reporting and Disclosure Act of 1959 LMRDA - Title IV - USC 481, 482, 483, and 484 was violated no question about that.

TWU Constitution TWUC - Article IV, International Officers Section 6. No union member shall be eligible for nomination or election to any International office, or to the International Executive Board, unless he/she shall have been in continuos good standing in the International Union for at least two (2) years immediately preceding his/her nomination. 

Article XIII, Membership, Section 3. Membership dues are due and payable on the first working day in each calendar month. Any member who fails to pay his/her dues for a particular month on or before the fifteenth day of each month shall be in bad standing.

Article XIII, Membership, Section 4. Any member in bad standing shall be ineligible to attend Union meetings, to be a candidate for or hold any Union Office or position, or to vote in any Union election or referendum, or otherwise to participate in Union affairs - were violated.

As an institution TWU International proclaims it instills fairness however when you have ‘forty one (41)’ current officers in TWU Local 100 who were in bad standing it portrays a negative image that TWU International is unable to police itself thus judicial intervention is warranted. If TWU International banned those bad standing current officers ‘forty one (41)’ from holding office for life then one could have believed TWU International as a clean organization however as long as those ‘forty one (41)’ are allowed to hold office then that makes it clear that TWU International condones their shameless behavior.

It could have been a powerful point if TWU International prosecuted anyone who was in bad standing that would have been a clear message to the membership that no bad standing is tolerated. Not only will it not be tolerated in addition we are not going to allow you to hold office - obviously there is no bravery or courage to speak against bad standing, however ‘forty one (41)’ is disgraceful by the mess they have created or how they looked the other way.

Is this case worth the good money being thrown away behind the bad? Obviously not membership funds should be used to pay for legal fees.

Bad standing I

Many of you have heard about the pending federal case. The pending case is against TWU International not against TWU Local 100. However as many of you are aware what ails TWU International we in the TWU Local 100 will feel the pain due to the fact that all of the actors in this case came out of TWU Local 100. The case was brought forward by the United States Department of Labor against TWU International. Department of Labor is asking the United States District Court - Southern District of New York to declare the September 16, 2009 election of three union officers who were in bad standing conducted by the TWU International as void, due to the fact that it violated the Labor-Management Reporting and Disclosure Act of 1959 LMRDA. Thus directing the TWU to conduct a new election of those three offices under the supervision of the Department of Labor.

Here are the details: 

Case number: 1:10-cv-05632

US District Judge: Barbara S. Jones, presiding

US Magistrate Judge: Theodore H. Katz, referral

Plaintiff: Hilda L. Solis 

Secretary, (in her official capacity) Department of Labor (DOL)

Defendant: Transport Workers Union of America (TWU)

Date filed: 07/23/2010

Issue: Federal question

Lawyer for the plaintiff: Alicia Marie Simmons - Phone (212) 637-2697

Lawyers for the defendant: Evan Hudson-Plush - Phone (212) 563-4100

Bruce Steven Levine - Phone (212) 356-0230

The complaint was filed by the Department of Labor on July 23, 2010 and on August 11, 2010 the case was referred to the Magistrate Judge - on the same day the plaintiff (DOL) filed an affidavit that they had served the complaint to the defendant (TWU).

On September 30, 2010 there were six events all by the defendant (TWU) lawyers. They were as follows: first, the lawyers filed their notice of appearance, second they filed a corporate disclosure statement stating that (TWU) is not a public traded company and no corporation holds any of its stock, third they made a motion to dismiss (which was terminated on August 12, 2011), fourth they submitted a memorandum (basis) of law in support of their motion to dismiss, fifth they filed a declaration in support of the motion, and sixth a certificate of service from the above was served to the plaintiff (DOL).

Many have observed that the defendant (TWU) lawyers put all their eggs in one basket in the hope of knocking this case down. That tactic appears to have not worked - others have opined that if the traditional strategy was used it may have produced the desired result. For example when the complaint was filled there should have been an answer.

The plaintiff (DOL) lawyers requested an extension of time to file its opposition to the defendant (TWU) lawyers motion to dismiss on October 8, 2010 in which the US Judge granted their request on October 9, 2010. The plaintiff (DOL) lawyers had two events, on October 28, 2010 - first they responded with an opposition to the motion to dismiss, and second they submitted a signed declaration. On November 11, 2010 the defendant (TWU) lawyer filed a reply memorandum of law in support of their earlier motion to dismiss.

On August 12, 2011 the US Judge denied the defendant a motion to dismiss - here we learn there are possibly over thirty (30) officers that were in bad standing. Then on September 6, 2011 the defendant (TWU) lawyer requested an extension of time to file answer. The US Judge approved that with a date for answer that was on September 26, 2011.

It is not clear till now why there was no answer from the defendant (TWU) lawyers which is past due by 21 days, possibly the plaintiff may win.

Notice of Examination

It is clear the MTA Bus Company has issued the Notice of Examination for bus operator position. We here in why did you join the union believe that our fellow co workers on the Long Island Bus members of TWU Local 252 who do not want to work for a private company should be afforded to join the MTA Bus. It is rumored that vice president of the MTA bus and the private lines John Day tried to negotiate with the MTA concerning the Long Island Bus Company going to the private operator the French company ‘Veolia’ while at the same time MTA Bus has opened up in employing new operators.

Veolia Transport (formerly Connex) is the international transport services division of the French-based multinational company Veolia Environment. Veolia Transport trades under the brand names of Veolia Transportation in North America and Israel), Veolia Transport, Veolia Verkehr in Germany and with the former name Connex preserved in Lebanon and Jersey.

Veolia has diverse road and rail operations across the globe, employing 72,000 workers worldwide and serving completely or partly about 40 metropolitan areas with more than 1,000,000 inhabitants, including:

• Africa: Rabat
• Asia : Mumbai, Seoul, Nanjing, Huainan, Hong Kong, Israel
• Europe : Paris, Marseille, Lyons, Barcelona, Madrid, Bilbao, Belgrade, Berlin, Frankfurt, Stuttgart, Stockholm, Gothenburg, Copenhagen, The Hague/Haaglanden, Helsinki, Prague, Warsaw, Dublin, Tyne & Wear,
• North America : Atlanta, Austin, Baltimore, Boston, Denver, Las Vegas, Los Angeles, Miami, New Orleans, Phoenix, Pittsburgh, Raleigh, Sacramento, San Diego and Toronto (York) Region,
• South America : Bogota and Santiago,
• Oceania : Sydney, Brisbane, Perth and Auckland.

In 2007, the group posted revenues of EUR 5.6 billion (as per wikipedia).

We say to John Day be energetic in discussion, but keep in mind those fellow co workers who do not want to be part of Veolia Transport.

Member’s grievance goes unaddressed

TWU Local 100 future recording secretary must be a male, who must be formidable, who should rule and control the executive board seamlessly, and he should rule with an iron fist and carry a large stick. There have been infinite complaints from the members concerning their grievance ‘charges’ against many of the officers of the TWU Local 100.

We have scoured many of the executive board minutes and no members charges were honored. We wonder whether they have vaporized into a mist of thin air. Based on the above we recommend that a male should be the future recording secretary who can get the executive board to function effectively.

Many view this inability of addressing the members grievance against TWU Local 100 officers in their wrong doing as an ill advised tactic from the current leadership - simplistically put it is unfair to the membership and it is inappropriate. Members grievances against officers should be aired - there should be time and effort required. The officers who commit wrong doing should be penalized that would be worthwhile for TWU Local 100 as an organization. Specifically since now all officers know they can skate free they trample on that solidarity. On the other hand when the member grievance goes unaddressed it does not enhance the brotherhood and sisterhood among us.

7 years lease

TWU International was the original tenant to 1700 Broadway, therefore we the TWU Local 100  are the sub lease for that period of 7 years. TWU Local 100 moved in January 2011 so one year has gone by with six years still remaining. When the TWU Local 100 assumed - the TWU International lease at 1700 Broadway by 50th Street across the street from the David Letterman show cost about $100,000 a month for rent.

Since the TWU Local 100 has given the green light to John E Sameulsen president of TWU Local 100 Take Backward Our Union TBOU to go ahead with the purchase of the condominium at 195 Montague Street, Brooklyn, New York 11201-3631 with assumption the maintenance amount will be at around $15,000 give or take.

Many are wondering how we would be able to be at two places at the same time? They have concluded that the lease is unbreakable. Then there are others who believe that TWU International will do us a favor by breaking the lease so we could get out without losing any money. That act would give the landlord the right to raise the price of the rent for the future tenant whomever that may be.

Local By Laws

One of the strangest things is that TWU Local 100 operates as if the recent amendments that were made on 2008 are in compliance with the TWU Constitution. In addition as if those amendments were submitted to the TWU International and were certified by the TWU International.

Now we will question John E Samuelsen president of the TWU Local 100 Take Backward Our Union TBOU - what is the cost of the print of the so called new version of the Local By-Laws? How much of the membership dues have to be spent? Lets imagine in the event that TWU International comes back with an opinion that those amendments do not comply with the TWU Constitution then would that be a waste of membership funds.

How dare you question the wisdom of a president! What have you ever accomplished? Not as much as president Samuelsen we bet! That is what the cronies would come out with - they will say Samuelsen is infallible! That's why he deserves hundreds of times the compensation of the average membership because every decision is thousands of times more beneficial - more right than any decision you or we could make. That if he weren't so extraordinarily visionary and so singularly gifted he wouldn't be worth all that money! Oh...wait a minute.

Contract

The number one priority issue to the membership is the contract. We must make sure and remind John E Sameulsen president of TWU Local 100 Take Backward Our Union TBOU of that. This is an enormous step to take and we need the strongest possible evidence that the contract committee is ready to undertake it. How can Samuelsen think the case has been made when there are conflicting stories of the non members on the contract committee.

It is obvious now the contract committee was and is not ready. The future of the membership is at stake. Now since the time is closer to the expiration of the current contract, we are forced at the last minute to act. We are forced to act in an emergency manner when we could have benefited in a period of calmness by building a process to extract the best contract. But now we are in a moment of panic and pressure is mounting therefore we are forced to chose between the property or the contract.

Who wasted all of this time? We are in a moment of difficulty as a result. Sameulsen would have a stronger argument if he had a genuine argument that has lined up all the departments and their membership but he hasn’t for the contract. Yes there are some who support him but there are a lot who don't support him - he has not made the case or demonstrated the importance of the contract of 2012.

This waste of time is counter productive it only benefits our employer as indicated by those from the previous administration. We say our duty first should be to plan to what is in the best interest of the membership, namely our contract of 2012. We do not want to fail in our duty by not taking the necessary counter measures when our employer may deploy them - we say in sorrow rather than in anger.

It is obvious Samuelsen may claim he does not need a reminder however we cannot win the best contract if we are wasting time in other peripheral issues. Can we have a look at concessions that he may make. Can he tell us how that is going to work out? It is obvious this cannot work in the benefit of the membership. Shouldn't every member now have to be thinking of the contract - this is not about Samuelsen this is about our contract.

Bronx courthouse III

The attacker of the train operator Darryl George, Richard Arrocho was supposed to appear in the Bronx courthouse on Wednesday October 5, 2011.

Arrocho, Richard

Case# 02421-2011

Part H 92

Courtroom 520

5th floor

Judge Troy K Webber

Hearing date October 26, 2011

The attacker Richard Arrocho was not produced to the court by the Department of Corrections. Thus the judge assigned the new date to be on October 26, 2011.

One of the surprises is that not one member from the rapid transit operation (rto) was in the courthouse. Kevin Harrington, Stephen A Downs, Joe Costales were not there, one wonders why. We will not forget their absence even though they talk a lot about solidarity.

TWU Local 100 leads

We are here to tell you the days of idling are over. You have a mind to Occupy Wall Street - you have made your mind to lead the charge that is well and you shall have your fate. The rich are getting richer, Albany is wrong in giving the rich, corporations and banks all sorts of tax breaks, tax incentives, bailing banks with their toxic derivatives in addition to allowing the CEOs to have golden parachutes while neglecting the middle class.

The rich have declared war on the middle class and the average working person. However this is nothing new in the class warfare of the haves and have nots. We here in why did you join the union are proud of TWU Local 100 to lead the charge in the Occupy Wall Street - we also say the old adversary may wear a new face but whatever mask he can hide behind a rich man is still a rich man. There is no power on earth that can withstand the might of the middle class.

Bargain demands

What is the difference between the Having A Voice In Our Contract HAVOC and now designating October’s monthly meeting as a contract-demands meeting. One can only conclude the HAVOC survey, the HAVOC survey shop gates, the HAVOC buttons, the HAVOC flyers were a waste of the membership funds.

We recall the ‘HAVOC take away point - whatever the outcome of negotiations and the contract, the future of TWU is brightest when the most members are involved. The survey is the first step towards involving getting members involved in the contract fight.’ the so called HAVOC survey result bar chart. It appears all those HAVOC did not help but rather tried to pacify the membership - were those HAVOC just a mere deception from John E Samuelsen. There is this enormous gulf between what he says and what he is doing - it’s amazing that he is incapable of admitting that he is wrong for once.

We will ask him again was it wrong for him to claim that ‘the future of TWU is brightest’. Possibly now he wants to weasel out of the membership response in the HAVOC survey with another diversion as designating the October monthly meeting as a month of bargain and demands - it is obviously to spend membership dues. He should help the membership but what do you expect from the incompetent leadership skills. One wonders what Samuelsen’s view is from the bunker where his schemes are operating. However, on the ground the membership have eloquently responded - the Havoc survey result bar chart proves it. His leadership reveals a total lack of coherent strategy - possibly giving a false hope to the membership. We would say implement the HAVOC survey result first so as to have a real impact before talking about the next idea. Isn't his leadership running around like headless chickens with initiative after initiative that never gets implemented and isn't this combination of ineffectiveness and hyperactivity the worst combination of all.

Strikes

‘Private Lines – strike votes have been  taken and approved by the members at Mile Square and NY Waterways. The Executive Board authorized the calling of strikes (conditioned on the approval of the International) if the officers decide it is necessary - as per Stephen A Downs’. We here in why did you join the union believe they are not necessary - if John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU wants to convey to the MTA that he is a man of action then that sends a wrong message, rather he should take the MTA head on.

First lets review the Mile Square situation - those members are struggling in their daily lives as it is. They are not financially secure to handle or endure the strike therefore why make them sacrificial lambs? We say we must look out for them instead of causing unwarranted hardship. We believe John E Sameuslsen and the executive board have erred - we do not want to contribute to the rising unemployment numbers. We say take the MTA head on instead of using those on the peripheral that send a wrong signal.

How many buildings were viewed?

The big question is can we believe what John E Samuelsen president of TWU Local 100 Take Backward Our Union TBOU says? So lets start with his credibility over the property purchase. First how many properties were viewed? Secondly after the rejection of the old DMV building on Schemerhorn which properties were looked over?

We would like to know what was the selection criteria for this property. Why overlook all other properties elsewhere - in the Bronx, Manhattan, Queens and Staten Island - why Brooklyn only? Clearly here we are not buying the property (building and the land) maybe we are buying a condominium maybe we are buying shares which is twenty percent (20%). Why were the other properties rejected - does he remember his lengthy lecture or speech in the TWU Local 100 mass membership meeting at the Jacob Javits of November 6, 2010? Two properties plus a lot that would have been converted into a commercial strip were overlooked. What about the property that Verizon wanted to sell why was that property overlooked - it was roomier, affordable and modern. 

John E Sameulsen’s leadership is not in the interest of the membership or what matters to the membership such as health coverage, their education (with the phony and useless programs in the Training & Upgrade TUF which do not relate or enhance their working skills- thus it is not money well spent), contract of 2012, pension or discipline matters for the better of the TWU Local 100 - he has to do better than that, we know all those took a backseat to the property issue one wonders why.

We find it strange maybe he is treating the membership as fools, next thing he may claim how much he admires the previous president Roger Toussaint. Now lets try another example of straight talk from John E Samuelsen, ‘open’ town hall meeting when he said all remaining monies from the solidarity fund will be refunded - those words are damaging his credibility by not upholding what he said. It is obvious he is not standing for the interest of the membership and nobody believes him except those staff and those non members who would care less for the future of the TWU Local 100.