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Date: Wed, 21 Dec 2005 23:55:43 -0500 (EST)
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Subject: Village Voice on New York City Transit Strike

Village Voice on New York City Transit Strike

1. MTA Strike: The Politics of No-Tomorrow (Wayne Barrett)
2. Transit Union's Family Spat (Tom Robbins)
======

MTA Strike: The Politics of No-Tomorrow

By Wayne Barrett | December 20, 2005

http://www.villagevoice.com/blogs/powerplays/archives/002210.php

Would this strike be happening if Governor George
Pataki were running for re-election next year? Would
Mike Bloomberg's city be shut down if the expiration
date on the Transport Workers Union's contract were
September or October, when he reached pre-election
settlements with half a dozen city unions?

If your answer is no to either question, then you
believe, as anyone with a memory in New York knows,
that politics is the only explanation for this
maddening and destructive strike.

Think back to 2002. To buy himself a third term, George
Pataki delivered a billion-dollar giveaway to Dennis
Rivera's health care workers and a multi-million dollar
state subsidy to finance the largest salary increases
in history for NYC teachers.

Two years earlier, on July 11, 2000, he signed
legislation that was a $36.5 billion boon to state and
city unions over 10 years. The legislation awarded cost
of living increases to 550,000 state and local retirees
at a billion dollar a year cost. As much as the MTA was
demanding a new tier of less costly pensions in these
negotiations, the 2000 legislation scrapped the special
tier created during the 70's fiscal crisis and freed a
half million public employees from making pension
contributions. When the city followed suit, the cost of
this pension giveaway doubled to another billion a
year. Another $16.5 billion in pension sweeteners for
cops, firefighters, teachers and others brought
Pataki's re-election pension tally, even benefiting
transit workers, to a budget-busting crescendo.

Now, with a foot in New Hampshire on his way out the
door, George Pataki has discovered that New York has a
pension crisis and that 34,000 transit workers who earn
half of what Ron Lauder pays Libby Pataki a year should
be enlisted to solve it. Up to almost the final hour of
negotiations, Pataki's MTA wanted the transit workers
to agree to support legislation extending the
retirement age of future workers from 55 to 62. Then,
they shifted to a demand that would require these
workers to contribute 6 percent of earnings over their
first ten years of employment to their pensions. With
starting pay for car cleaners, for example, at $29,958,
the union was not about to trade an $1819 pension cut
for half that in 3 percent salary increases. Especially
when the MTA was waving a billion dollar surplus in the
union's face, and especially when it may well be a
violation of the Taylor Law for the MTA to use
collective bargaining to try to rewrite pension
legislation.

The same governor who could find unimaginable billions
in pension goodies when he was still running in this
state was ready, once he knew he'd never run again, to
provoke a devastating strike over a few million in
pension savings. Such is the personal politics of no-
tomorrow.

Deferring one more time to this Albany partner, Mike
Bloomberg kept calling the MTA offer "generous" even
when the authority was demanding a new 62-year-old
retirement date. It apparently did not occur to him
that he'd never pressed for raising the pension date in
any of the politically productive deals he'd cut just
months earlier. Trading in the Mayor Merit title of his
early first term for the Mayor Mouth nickname often
applied to his Brooklyn Bridge union-busting
predecessor, Bloomberg even appeared to forget that
he'd agreed in October to push for retirement at 55 for
teachers. The crucial pre-election settlement he
reached with the teachers union creates a
labor/management committee to develop a pension bill
that would do the precise opposite of what the MTA
sought: changing the retirement age from 62 to 55.

The mayor has once again become a tabloid hero by
demanding pension reductions, but no one in the media
pack is demanding that he explain why that's only his
post-settlement and post-election position. If dramatic
change in public employee pensions is needed, the only
people who can deliver it are Bloomberg, Pataki, the
next governor, and the legislature. The good government
groups, editorial boards, and business interests who
believe this is vital should be chasing a broadbased
solution to a broadbased problem, not targeting a
single union and bringing the city to a halt.

==========

Transit Union's Family Spat

By Tom Robbins | December 20, 2005

http://www.villagevoice.com/blogs/powerplays/archives/002217.php

As if the striking transit workers didn't already have
enough enemies, bad blood between Transport Workers
Union Local 100 and its national parent body spilled
over into a Brooklyn courtroom today where a lawyer for
the national union condemned the ongoing walkout as
unreasonable and unauthorized.

Appearing before Brooklyn Supreme Court Justice
Theodore Jones who was considering whether or not to
levy massive fines for the walkout, lawyer Peter
DiChiara said that TWU national president Michael
O'Brien had argued long and hard early this morning to
convince the executive board of the 34,000-member local
not to go on strike.

"President O'Brien did his very best to persuade the
local board that striking was not a good idea. He
presented a number of arguments," said DiChiara.

Under the union's constitution, DiChiara told the
judge, the walkout had to be approved by the national
president. But O'Brien had refused. "Mr. O'Brien told
the local he was not approving the strike. It is
unauthorized."

The national union went a step further, posting a
statement from O'Brien on its web site, and emailing it
to members, that the only road to contract victory was
"not strike but continued negotiation."

By disassociating itself with the illegal walkout, the
parent union managed to get itself off the hook for
fines for violating Judge Jones' December 13 injunction
barring a strike. Lawyers for state Attorney General
Eliot Spitzer, who are charged with enforcing the
state's Taylor law, agreed that they had no gripe with
the national union, and dropped it from its lawsuit. A
few hours later, the judge imposed a $1 million a day
fine against the local, and then scheduled another
hearing for tomorrow to consider more sanctions against
individual leaders of the union as well.

But the unusual bad-mouthing of the local union by its
national leader is only the latest episode in an
ongoing feud between the two organizations that began
with the election of Roger Toussaint in 2000.

Toussaint won election <
http://www.villagevoice.com/news/0047,robbins,20034,5.html>
by campaigning against the old guard which was
personified by former TWU Local 100 president Sonny
Hall who had gone on to head the national union.
Toussaint decisively beat a Hall-backed candidate,
claiming that the union had squandered both its
finances and its clout by playing footsy with transit
managers. Once in office, he sliced his own salary by
$15,000. His slate of dissidents made similar cuts in
their pay. He eliminated an extra pension that local
officers had awarded themselves, and also dropped an
expensive health plan for officers, putting them on the
same plan as members.

One year after his election to the leadership of Local
100, the largest unit in the 120,000-member union,
Toussaint challenged Hall for the presidency of the
national body. He was roundly defeated. But the
election opened a window on the kind of bitter
divisions that were wracking the union. Occurring at a
union convention just a month after the 9-11 attacks,
the campaign against Toussaint's candidacy included
distribution of flyers that called Toussaint an ally of
Osama Bin Laden.

In 2002, during the last round of contentious talks <
http://www.villagevoice.com/news/0251,robbins,40623,5.html>
between the local and the Metropolitan
Transportation Authority, Toussaint and his allies were
haunted by the possibility that should they strike,
they faced not just the legal sanctions by the state
and the city, but the likelihood that Hall would place
the local under trusteeship, firing the elected
leaders.

In the midst of those talks, those suspicions were
fueled by on-air comments by Hall's friend ex-Senator
Al D'Amato that Hall would be there "to save the day"
in the event of a strike.

There was no strike in 2002, but the threat of a
potential takeover by the national union has continued
to haunt the local, and has made Toussaint's tightrope
walk even more precarious.

The division reflects more than just styles of
leadership. The election of Toussaint, a native of
Trinidad, represented the culmination of years of
racial change among transit workers who were once
largely Irish-American. Younger minority workers
charged that the old ethnic leadership were more
interested in preserving perks for older members than
protecting them from the MTA's often draconian
disciplinary system.

After his election, Toussaint further outraged Hall and
his allies by challenging past local fiscal decisions,
including a decision by the union to sell its old
headquarters on Broadway for $13.5 million. Six weeks
later, the site was resold for $29 million. Records dug
up by the union <
http://www.villagevoice.com/news/0346,robbins,48572,5.html>
indicated that the local's former attorney had
collected a brokerage fee for the building's resale.
Toussaint challenged the deal in court, though Hall
said he knew nothing about the deal and that it should
be investigated.

O'Brien, who earns $216,000 as president of the
national union (Toussaint's current wage is $102,000),
openly told executive board members last night that he
believed that progress was being made at the talks and
the union should take the reformulated MTA offer which
called for 6 percent annual pension contributions for
new employees. Toussaint countered that the offer was a
poison pill, one that would burden new members with
inferior benefits and which would quickly become a
cudgel used against other municipal workers.

At the court hearing in Brooklyn, as soon as the judge
dismissed the national union from the lawsuit, its
lawyers quickly packed their leather legal satchels and
bustled out onto Court Street.

_______________________________________________________

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