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.