In the event of the permanent termination of a TWU Local 100 member due to job abolishment (elimination of title), department shutdown, installation of new machinery, etc., (events that are not work performance, conduct, or loss-of-seniority related) or in the event that a TWU Local 100 member is offered another position out of title in lieu of layoff - as a consequence of a situation described above and such where a TWU Local 100 member does not accept the position, such employee may select severance in lieu of the offered position.
Severance pay shall be paid to each such permanently terminated employee in accordance with the following for each month (thirty days) worked. The TWU Local 100 member shall receive $500.00 i.e. if a member has 12 twelve years of service thus the figures would look like this 12x12=144x500=$72,000.00.
The receipt of the severance pay does not mean that the TWU Local 100 member will not give up his rights. Instead the TWU Local 100 member will reserve all his rights in the events that they need (1) to file a grievance about the event giving rise to the option to offer severance, (2) grievance filled about TWU Local 100 member to be terminated, (3) TWU Local 100 member does not sign a general release. It is clear we cannot allow any further layoffs thus this is one way to skin the cat. If the MTA under Jay H Walder has further intent on reduction of labor or elimination of titles then members of TWU Local 100 should not go home with an empty hand. This must be added to the contract of 2012 - now it is up to John Samuelsen president of TWU Local 100 to rise to the occasion.
The “lack of work” means that the MTA appointing authority has a current or projected decrease in workload which requires a reduction of current or projected employee levels in its organization or structure. The determination of a lack of work shall indicate the current or projected decrease in workload and whether the current or projected staffing levels of the MTA appointing authority will be excessive. In either case no TWU Local 100 member should be left to go home empty handed. The MTA does not have a budget crisis as it can be noted from Jay H Walder including the executives with the management who are rewarding themselves with high six figure salaries. Thus it is incomprehensible that they should use the budget axe for job abolishment of TWU Local 100 members. We here in why did you join the union do not agree with that concept - we say no member of TWU Local 100 may be laid off as a result of a lack of funds within an appointing authority of the MTA. Whether a lack of funds exists or not - while we know the MTA has over $100 million in reserves the issue now becomes how to protect the membership in the event of this tactic to be used by the MTA. Thus we here in why did you join the union believe in addition to the above severance pay rate that no member of TWU Local 100 should go home empty handed. We here in why did you join the union believe that would stop Jay H Walder on any thoughts of layoffs or job abolishment.
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