The Triborough Amendment

Within a few years of the Taylor Law's enactment, PERB held that,

following the expiration of a contract, public employers were prohibited from unilaterally altering "terms and conditions of employment" while negotiating a successor agreement following the expiration of a contract. This doctrine was adopted in 1972 in a case involving the Triborough Bridge and Tunnel Authority employees, and thus became known as the Triborough doctrine. The rationale was based on a quid pro quo theory-since unions could not strike or protest a failure to agree on a new contract, employers should not be able to unilaterally change "terms and conditions of employment" while negotiations continued.

However, non-mandatory subjects of bargaining were not deemed "terms and conditions of employment" under the Taylor Law, even if they were contained in a collective bargaining agreement. As a result, after a contract expired, the original Triborough doctrine allowed employers to alter any non mandatory subjects even if included in the expired agreement. Employers could also refuse to negotiate a union's demand to continue contractual provisions that were non mandatory subjects of bargaining, such as staffing levels. Unions thus lost some non mandatory provisions in a successor agreement when they did not settle prior to the expiration of an existing agreement and invoked arbitration. This often occurred when workers reached compulsory arbitration. Employers filed "improper practice" charges in connection with such subjects (also known as "scope changes," because they involved the scope of bargaining), and such provisions were "scoped" out of the contract during the interest arbitration process.

If a union went on strike, it lost all the protections of the Triborough doctrine-the "quid" was gone, so the employer did not have to grant the "quo." [Taylor Made, by Terry O’Neill and E J McMahon].

TWU Local 100 should use the Triborough Amendment as a tactic towards the 2012 contract to counter our boss’s behavior, and bring him down from his high horse. Let the current contract expire, we do not need to rush to get a new contract, because we would be guaranteed automatic pay increases where a salary step schedule or longevity schedule exists, even though our labor agreement has expired. 

We must teach our boss a lesson because we predict that he would offer us a new contract that would likely offer less attractive salaries and benefits. Local 100 has no incentive to agree to a new contract. The Triborough Amendment provides that all terms and conditions and provisions of an expired contract remain in full effect until a new contract is approved. However we have to worry because Samuelsen and TBOU will exploit us workers.

We here in why did you join the union, will be vigilant and keep our eyes on the ball. Samuelsen and TBOU have proven to be fakes and phonies who will only go along with the management.