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.