The No Layoff Clause

Paul Piazza

S/A Stations Department

08/05/2016

I’ve been hearing a lot of chatter lately about the No Layoff Clause or lack thereof in our TWU L100 contract.

I imagine that the genesis of this conversation has to do with the S/A layoffs of 2010. And as usual it really has to do with TWU L100 politics. The people who served in the past Toussaint administration, (I like to call them Toussaintistas) like to claim that because the No Lay Off Clause had a time limit to it (a sunset clause December 15, 2002) it was not available to help the members who were laid off.

 I’ve even heard people in the Samuelssen administration (let’s call them Samuelssenites, just to be fair) say the same thing.

This claim is not only misguided but incredibly naïve. And you could throw in a pinch of intentional dishonesty too.

The very purpose of ANY contract negotiation in ANY contract negotiation year is to decide what is acceptable to both the MTA and TWU L100 and then sign off on it. I think everyone can agree on this.

The MTA and TWU L100 get together, go over the current contract and talk about what they want to keep in and what they want out. Then they discuss any new items.

This procedure would be for every clause in the contract, even those with a sunset (time limit) clause.

The basic way a TWU contract is negotiated is in 2 sections:

•       Main table; where the President and his negotiating team settle on items that will affect every OA/TA worker regardless of division. All 40,000 of us.

•       Departmental: where each departments VP and division chairperson put together a negotiating team and work out items specific to their department.

All of this is done in conjunction with the MTA who send counterparts to negotiate on their behalf. And nothing gets into the contract unless it is agreed to by BOTH SIDES.

Where would something like the NO Layoff Clause be negotiated? In the main table discussion, a No Layoff Clause would affect every TA/OA worker. And who would be negotiating in the main table discussions? The TWU L100 President and their negotiating team.

It is important to know that ALL main table items are subject to negotiation.

So, are people telling the truth when they say;

 “The Union did not give up the No Layoff Clause because it had a sunset clause written in.” Well….not really. It’s kind of a half truth.

What people who say this are trying to do is provide themselves with an alibi in case they get blamed for something. Or provide someone else with an alibi.

Contract talks are NEGOTIATIONS. ANYTHING and EVERYTHING can be negotiated. All the administration that lost the NO Layoff Clause had to do was RENEGOTIATE the DATE the No Layoff Clause Expired.

Yeah it’s that simple.

Instead of it ending December 15, 2002 extend it to the end of the next contract December 15, 2005. And so on and so on. Not rocket science here.

•       What happened when TWU L100 lost the No Layoff Clause was they allowed it to expire.  And then replaced it with a Job Security Clause

(2002 MOU #16)

•       Why? My best guess is the leadership at that time felt that perhaps Re-negotiating the No Layoff Clause sunset date, would be more “costly” than replacing it with something similar and allowing the NO Layoff Clause to expire.

Now these people who served the Union during the time when the No Layoff Clause was lost that say; “it wasn’t worth anything anyway.”

Which is a mix of BS and stupidity of the highest order.

BTW these are the same people that said a NY Daily News article from November 2008, (look it up) detailing the MTAs’ plan for 600 S/A layoffs was printed “Just to sell newspapers.”  In the words of a former S/A division vice chairman at a Stations monthly divisional union meeting.

So…when people (you know who they are) tell you: “we didn’t lose the No Layoff Clause, it expired.” They are telling you what is referred to as a “lie of omission.” Just a fancy way to say, they left out the best parts of the real story.

It’s kind of like Bush saying we defeated Iraq and Saddam Hussein, which is 100% true, but leaves out all the horrible things that happened after we invaded that country.

BTW this was all written not to BLAME anyone but to clarify the events. Everyone makes mistakes; it’s the nature of the game. What I am not saying is anyone did anything to intentionally hurt anyone. But the truth is still the truth.

==================================================

Paul Piazza is a man of honesty, integrity and courage in our TWU L100 politics now based on dishonesty, lies and cowardice.