Anthony Bartolotta is our pinata

The logic is simple - if a union could not use a threat of strike action to improve the working conditions of its members, there would be less incentive for members to believe in it. Regardless of how one views its leadership it depends on where you stand.

John Samuelsen president of TWU Local 100 is a responsible union leader for his commitment to ensure the stability and continued progress of the economy of New York City and we agree with that standard. However, the management or as the NY Post put it ‘A high-ranking MTA superintendent instituted a quota on the number of disciplinary violations - New York City Transit Superintendent Anthony Bartolotta’. 

Anthony Bartolotta has violated TWU Local 100 of its no-strike pledge - we also believe Anthony Bartolotta has his marching orders from his head, thus it is obvious it was orchestrated ahead of time - planned, disseminated to underlings. We do not believe this nonsensical ‘The MTA quickly disavowed the e-mails, saying they were the work of a single employee, and vehemently denied ever endorsing quotas.’. It just brought back the Oliver L North, who came into the public spotlight as a result of his participation in the Iran-Contra affair. That was a political scandal of the late 1980s, in which he claimed partial responsibility for the sale of weapons via intermediaries to Iran, with the profits being channeled to the Contras in Nicaragua - everyone knows lieutenant colonel has no such powers - everyone in TWU Local 100 knows Anthony Bartolotta has no gravitas.

The MTA should demonstrate and act responsibly as John Samuelsen has - in maintaining economic stability and in its progress for New York City by demonstrating their good will in honoring its human capital by firing Anthony Bartolotta immediately.

If the MTA allows Anthony Bartolotta to stay then the feel for the pull of temptation to demand from John Samuelsen to act less responsibly would be greater, since now we have the motivating factor. Anthony Bartolotta is our pinata, now it is our turn to respond.

Union Maid

Union Maid Words and Music by Woody Guthrie There once was a union maid, she never was afraid Of goons and ginks and company finks and the deputy sheriffs who made the raid. She went to the union hall when a meeting it was called, And when the Legion boys come 'round She always stood her ground. Oh, you can't scare me, I'm sticking to the union, I'm sticking to the union, I'm sticking to the union. Oh, you can't scare me, I'm sticking to the union, I'm sticking to the union 'til the day I die. This union maid was wise to the tricks of company spies, She couldn't be fooled by a company stool, she'd always organize the guys. She always got her way when she struck for better pay. She'd show her card to the National Guard And this is what she'd say You gals who want to be free, just take a tip from me; Get you a man who's a union man and join the ladies' auxiliary. Married life ain't hard when you got a union card, A union man has a happy life when he's got a union wife.

Limiting management control III

There is no question that there is a shift in the balance of power between MTA and TWU Local 100. However we can conclude that TWU Local 100 members are more vulnerable now than ever. MTA has become more aggressive - so how can there be a return to the balance of power to the TWU Local 100 member.

We know the management have adopted and utilized the (3M’s) Modern Management Methods as exemplified in the management proposal for the 2012 contract. Now it is our turn to balance that power. We have gone through MTA possibilities for delays, roadblocks and maneuvers that undermine TWU Local 100 efforts. We do not like to go through the MTA legal remedies that are postponed to an uncertain as demonstrated in their withholding the raises of the contract of 2009.

TWU Local 100 would benefit greatly if we strengthen employee rights and work rules to become iron clad - we should not have to waste our energy in struggles to protect the wages and work rules.TWU local 100 must adapt to the MTA tactics which have taken the low road. TWU Local 100 strategy whether in short or long term achievement goals should be the guiding principle based on balancing the power between the MTA and TWU Local 100. The tactics can vary as long as our strategy of counterweight of management is intact.

TWU Local 100 members should have control over their work environment - we cannot be fooled with the budget constraint talk, downsizing, intensifying work pace which are formulas for stress.

Limiting management control II

It is true that it is rare for a contract to not have a no strike agreement in it. We would have loved if the TWU Local 100 contract did not have a no strike clause agreement in it. Just imagine how much power a member of TWU Local 100 would have - infinite.

Can we get that power, maybe, lets hope so. We are in a position now to structure our future contract which should give that power to the TWU Local 100 member. We are also aware how such a no strike clause where TWU Local 100 agrees not to strike, opens itself up to suit under NLRA, the Taylor Law and the payment of damages to the employer.

Based on the above our future contract should not have a no strike clause in it. We also remember how TWU Local 100 members were powerless in the past arbitration when the MTA took us to numerous courts to try to overturn what was agreed on previously. It was a long, drawn out affair over which TWU Local 100 members had little control - as we know the management were taking their time - we will never forget that. We will not accept a repeat of that tortuous path we endured to get our raises.

In the management’s view TWU Local 100 members should always obey their ridiculous whims. In addition TWU Local 100 members should wait for the court to say their opinion. As we know the courts take their time, we remember how TWU Local 100 members had to wait a long time before justice was done. We say structure a future contract that does not yield a no strike agreement in it. 

With a no strike clause in effect direct action by TWU Local 100 members to resolve disputes that are legally prohibited is warranted. We say at a minimum certain issues exempt TWU Local 100. TWU Local 100 must keep the right to strike over safety issues, such as assault against a TWU Local 100 member.

Limiting management control

Two important parts of infinite collective bargaining are management rights and no-strike clauses. Nearly all contracts have given up all rights to the management in some sort of management clause, guaranteeing to the employer many unilateral rights - we here in why did you join the union say those management rights must be collared. The essence of management is control. Thus a good collective bargaining agreement limits this control in significant ways, while a bad one allows the management to retain much of what it already had.

Therefore each part of the agreement should be scrutinized with an eye towards its effect upon managerial control. Some management rights clauses simply state that all matters not specifically dealt with in agreement become the right of management. We say spell out in great detail all of the things that the management can do, we also reject the notion that the management should have the right to decide unilaterally.

We recommend that the management right should be as narrowly defined as possible. Why should that be the guiding principle to restrict the management, that they have to refer to those stringent rights in every dispute with TWU Local 100 over the meaning of the contract.

We cannot allow even a minutiae or speck to be left uncovered that leaves members of TWU Local 100 exposed to the unspecified management rights.

We also recommend that TWU Local 100 must have a right to make all of the fundamental business decisions. For example we should have a say in what is the rent in real estate leases that are offered to lease holders, we should not limit TWU Local 100 to bargaining over the share of the pie that the members will get - as we have noted MTA pseudo downsize, artificial moves, and bogus adoption of new technology. We say tackle the notion that the MTA has a right to make all of the fundamental business decisions.

We have the stage now as TWU Local 100 to demand a greater say in what MTA can do with the capital. 

NY Post Article

A recent article in the NY Post on January 21, 2012 claims that bus drivers eye sneaky bus-service delays. However, given that the report does not indicate the source of this information, NY Post' prediction should be taken with a healthy dose of skepticism.

The lack of credibility is astounding - it went on to claim that bus operators will be engaging in a ‘delaying tactic’. The NY Post implied that the bus operators should overlook and sweep under the rug the New York State safety inspections as in the past in favor of being on time. 

If the NY Post was interested in finding out why the buses are late then here are the many reasons why the buses are late. 

• Management does not cover the schedule, some runs are left open intentionally (while bus operators are sitting idle - the NY Post should ask the management why - but don't hold your breath)
• An average of twenty (20%) percent of runs are not covered - never saw the NY Post digging into that.
• Buses that breakdown en route - then those are missing runs from the schedule.
• An average of twenty (20%) percent of buses break down en route.
• A whopping forty (40%) percent of schedule is not covered that is a forty (40%) increase on the waiting time for New Yorkers which does not fancy the NY Post.
• Buses need to be repaired and maintained however due to the maintenance cuts they are just collecting dust.
• When buses encounter traffic and over crowding the management does not adjust the schedule and New Yorkers know that.

It is clear the NY Post article deserves the award of the dumbest article. We can also understand, as writers, why a sensational title is necessary, but . . . why so mean sounding? At last we realize they need to sell their paper.

It is also a fact that the NY Post is not for all the non-rich people in New York, no matter if they're secular or religious, old or young, realize that they have abandoned some really important battlefields in this country, that is the economy. The NY Post only deals obsessively with their pet peeve TWU Local 100 members.

It would be great if the NY Post looked into the above root causes. That would be a great community service however as we know the NY Post are not into the common good.

This is not an isolated review of NY Post performance. It has been corroborated time and time again. The fact that the NY Post is so blatantly slanted, and the effects of that slant have become ingrained into the readers which has been purposefully deceived, and needs to be made known to every New Yorker. Our TWU Local 100 cannot function if New Yorkers are making choices based on right wing points of view. We have the evidence that the NY Post is tilting the scales and we must now make certain its corporate owners do not get away with it. The NY Post is deliberately misinforming its readers and it is doing so for a reason. Every issue above is one in which the Republican Party had a vested interest. The GOP benefited from the ignorance that the NY Post helped to proliferate.

Main table V

2012 TWU Local 100 Negotiations

New York City Transit 

Main Table Proposals

January 9, 2012

Eighteenth proposal - Maybe we may look into it. Counter offer injury on duty compensation run pay for the duration of being out instead of the current first day paid run pay, after that each day pay is 8 hours - not run pay.

• On reoccurrence of previous injury there shall be IOD pay instead of the current no IOD pay. Employee goes right onto compensation, rate of pay reverts back to rate at original date of injury.
• While on IOD employee shall get his (holiday, vacation bonuses, etc) instead of the current of no other allowances can be paid while on compensation such as the above.

Nineteenth proposal - Maybe we may look into it. Counter offer the division pay will be raised to a guaranteed sixty one (61) hours weekly.

Main table IV

2012 TWU Local 100 Negotiations

New York City Transit 

Main Table Proposals

January 9, 2012

Thirteenth proposal - We may look into it in the future, counter offer for terminal vacations should be based on the following formula:

Years of Service	Current	Proposed
0-1	One day per month	2 weeks
1-2	One day per month	3 weeks
2-3	One day per month	4 weeks
Over 3	Two days per month	5 weeks
Over 15	2 1/2 days per month	6 weeks
20-25	2 1/2 days per month	3 days per month
25+	2 1/2 days per month	4 days per month

• Terminal vacation pay on any holiday shall be 12 hours instead of the current run pay.
• Terminal vacation pay on any holiday shall get additional 8 hours pay for the day instead of the current no extra 8 hours pay.
• Terminal vacation pay on any holiday will be accrued instead of the current no accrual.

Fourteenth proposal - According to The New York Times the garbage, trash and refuse ‘struggling with the epic task of clearing the 40 tons of trash left behind in the system every day’ - it is clear the cleaners are underpaid. Counter offer raise their current pay by $2. Create a new title of track cleaners and their pay will be above CTA by $5.

Fifteenth proposal - The current apprentice program is not satisfactory, it needs to be expanded to all titles -currently does not cover all titles.

Sixteenth proposal - Counter offer

• Stewards must be allowed time off during working hours to receive and investigate complaints and grievances.
• Stewards must be allowed time off upon notice to their immediate supervisors.
• The NYCTA must pay stewards at their average hourly rates for time spent in grievance handling and arbitration.
• Create new grievance committees, which require additional stewards specifically based on the following formula:

Grievance Committee	Current	Proposed
Health	none	Composed of 9 stewards
Veterans’ Affairs	none	Composed of 9 stewards
Injured on duty	none	Composed of 9 stewards
Assault on duty	none	Composed of 9 stewards
Death on duty	none	Composed of 9 stewards
Spit	none	Composed of 9 stewards
Verbally assaulted	none	Composed of 9 stewards
Difficult customers	none	Composed of 9 stewards
Aging customers	none	Composed of 9 stewards
Disabled customers	none	Composed of 9 stewards

• A grievance committee member, or other specified union representative(s), must be allowed time off during working hours for union business on notice to the immediate supervisor.

Seventeenth proposal - No

Counter offer TWU Local 100 members shall have a right of dual employment without the current requirement to get approval from the MTA. 

• Sick leave will be granted to the employee who is unfit for work due to an accident incurred while working for another employer instead of the current denial of granting sick leave.

Main table III

2012 TWU Local 100 Negotiations

New York City Transit 

Main Table Proposals

January 9, 2012

Eight proposal - TWU Local 100 members move New York we also share the USPS ‘neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds’. It is clear that MTA knows that the employees sacrifice a lot in working 24 hours/7 days a week. Our counter offer Torts:

• Any employee who appears on the TA Court shall receive 12 hours pay and be excused all day. Currently employee - extra gets - 8 hours.
• Any employee who appears on the TA Court on RDO shall receive 16 hours pay regardless if the employee had absence during the week - currently 12 hours pay unless one absence during the week (Sick, AWOL, LOA etc) then run pay.
• Employee will be held harmless to submit proof of attendance - it is up to the management to coordinate with the TA Court, the onus should not be placed on the employee.
• If held in the TA Court on any day of the week after 12 noon paid meal ticket $20.00 - currently paid meal ticket of $3.00 on RDO only.
• $20 meal allowance for attendance in any proceeding or medical assignments or otherwise

Ninth proposal - Counter offer assault pay should be 5 years.

• A new employee will earn his birthday allowance instead of the current where he/she must have one full year as an employee from his/her date of appointment.
• All holidays will be accruable instead of the current maximum holiday accrual 8 - and the 6 holidays can be accrued per calendar year.
• All accrued holidays will be carried over to the following year.
• Employee need not give notice in writing in order to accrue a holiday. Employee will give notice only if he/she desires to be paid.
• New employee will get his/her personal day instead of the current where the new employee will not get personal day until he/she has one full year of employment.
• Personal day pay shall be 12 hours instead of the current 8 hours pay. 
• Personal day will be granted on holiday instead of the current of no personal day on holiday.
• Night differential for holiday to be one ($1) dollar instead of the current which is paid as a regular weekday.
• Bonus pay holidays shall be based on the following formula:

Holiday	Current	Proposed
New Year	Pay $2	Pay $5 holiday bonus premium to cover the spread - the total time - from report to clear (Work time plus total swing)
Martin Luther King Jr	0
Lincoln’s Birthday	0
President Day	0
Memorial Day	0
Independence Day	Pay $2
Labor Day	0
Veterans Day	0
Thanksgiving Day	Pay $2
Christmas	Pay $2
Birthday	0

• The current $2 is paid on the work time only - shall be raised to $5 that will cover the spread.
• Employee will get holiday allowance regardless if absent for 30 days (Sick/LOA, etc) instead of the current where the employee loses the holiday allowance (Compensation never gets holiday).

Tenth proposal - Counter offer 

• Pay in full swing instead of the current swing runs from 1 to 2 hours - pays 1 hour.
• Pay in full swing instead of the current swing runs of 2 hours or more - pays half of the swing.
• Swing time shall be computed as work time instead of the current where swing time is never computed as work time.
• Half time on all swings instead of the current half time on swing only on WDO.

Eleventh proposal - Counter offer

Spread penalty pay shall start after 10 hours instead of the current spread penalty which starts after 11 hours.

Twelfth proposal - Counter proposal

• Headway allowance shall be paid on pull out or pull in instead of the current no headway allowance on pull out and pull in.
• Headway allowance shall give half-time instead of the current never give half-time on headway allowance.
• Headway allowance shall be paid in middle of run even when relief involved instead of current where headway allowance is never paid in middle of run even when relief is involved.
• No maximum of headway allowance per run, instead of the current where there is a maximum of 2 headway allowance per run.

Main table II

2012 TWU Local 100 Negotiations

New York City Transit 

Main Table Proposals

January 9, 2012

Forth proposal - Maybe, counter offer life insurance coverage to TWU Local 100 members of minimum of $10 million paid by NYCTA for any employee losing their life while on the job.

TWU Local 100 members who are in the military - their military days will rise from the current ‘22 paid military days/30 allowed counting weekends or 30 weekdays paid’. They will get ninety (90) paid military days not counting weekends. While on military if the day is RDO or holiday it will not be charged as a military day, and will pay the holiday. When ninety (90) days are used however still on military - raise the current paid 4 hours/day for a total length of military duty to six (6) hours/day for total length of military duty. 

Fifth proposal - Maybe, counter offer for vacation accruals should be based on the following formula:

Years of Service	Current	Proposed
0-1	1 day for each month	2 weeks
1-2	2 weeks	3 weeks
2-3	2 weeks	4 weeks
3-14	4 weeks	5 weeks
15+	5 weeks	6 weeks
20-25	21/2 days per month	3 days per month
25+	21/2 days per month	4 days per month

• Vacation  time will be earned if TWU Local 100 member is on a leave of absence, sick unpaid, suspended, AWOL or any unpaid absence.
• Vacation pay on holiday - pick or non pick holiday gets run pay not eight (8) hours. That vacation is also accruable and will be carried over to the following year.

Sixth proposal - Will look into it - counter offer benefits should not be cancelled or cut for an out of work employee for any reason including reclassification.

• Current members of TWU Local 100 and retirees and their family members will receive full health insurance coverage.

Seventh proposal - Will look into it in the future - counter offer eliminate the overtime cap.

• Move back the contract expiration date to expire on December 2014.
• Current members of TWU Local 100 and retirees will receive automatic cost-of-living (COLA) adjustment four times a year (quarterly).
• From June 2012 all arbitrators must be from the pool of retired employees who were stewards of TWU Local 100.

Main table I

2012 TWU Local 100 Negotiations

New York City Transit 

Main Table Proposals

January 9, 2012

First proposal - Maybe we will consider it in the future. Our counter offer is the 60% sick pay leave formula has to change to the following:

• Raise the current 60% pay sick leave which is determined by length of service to 80% pay.
• Computation of the sick year should be based on the following:

Years of Service	Current	Proposed
0-1	0	15 days
1-2	0	20 days
2-3	0	30 days
3-4	0	35 days
4 up to but not including 8	15 days	60 days
8 up to but not including 14	30 days	90 days
14 up to but not including 20	60 days	120 days
20 or more	90 days	180 days

• 80% days will be accumulative.
• Automatically triggers the 80% if absent without sick time for more than 1 day.
• All TWU Local 100 members are eligible regardless if in sick control list or absentee list.
• Employee need not apply for 80% pay it triggers automatically. AVA or vacation balances will not be effected or interrupted.

Second proposal - Maybe we will consider it in the future. Our counter offer is to change the sick leave from the current formula to the following:

Work	Current	Proposed
0-59 minutes	charged 1 full day	Pay full day
1 hour to 2:59	charged 3/4 day
3 hours to 4:59	charged 1/2 day
5 hours or more	charged 1/4 day

• New employees paid for all sick days. The current states that they are not paid until they reach their first anniversary, if they are placed on the sick abuse list or absentee control list.
• New employees will earn their 12 sick days in advance and are accruable from the current ‘prorated’ earning one sick day for each month of employment.
• When employee retires he/she will be paid full 100% of his/her sick balance from the current 50%.

Third proposal - Maybe we will consider it in the future. Our counter offer for death in family is to cover extended family leave to increase to seven (7) days at full pay from the current three (3) days.

Wages will raise based on the following formula:

Year 1	Year 2	Year 3
7%	6.5%	6.5%