News & Information

MSII Representation Elections



All ballots must be received at PERB's Latham, NY P.O Box

by 1:00 PM on

September 29, 2015

If you haven't mailed your ballot in yet, put it in the mail today

to ensure that your ballot will COUNT!

Posting of Notice: By August 25, 2015, the Employer shall post the Notice of Election with Sample Ballots.

Mail Out: On September 2, 2015, PERB shall mail ballots to eligible unit employees together with pre-addressed return envelope.

Call-in:  The "call-in" date is September 10, 2015, between the hours of 8:30 a.m. and 4:30 p.m.  Only on that date may eligible employees who have not received a ballot call PERB at the designed "800" number request a ballot.

Return Date: All ballots must be received at PERB's Latham, NY post office box by 1:00 p.m. on September 29, 2015.

Election/Ballot Count: The election/tally of ballots shall be conducted at PERB's Brooklyn Office on October 7, 2015 at 11:00 a.m.

Date:       August 14, 2015

To:           All MSIIs in Maintenance of Way

Re.:         Representation Election

Dear Brothers and Sisters:

Our decision to organize the MSIIs came only after many hours of internal discussions with our Local Officers, lawyers, and MSII representatives.  We all needed to be confident that if we did gain recognition for the MSIIs we would then be able to successfully negotiate a fair and just contract for them.  Based on our knowledge, experience, and proven track record of success we concluded that we are the only Supervisors’ Union that would be able to achieve this for the MSIIs.  We are also the only Supervisors’ Union that currently represents Level II Supervisors and have successfully negotiated numerous labor agreements for them.

As an Officer of the Union for the past 18 years, I have negotiated or arbitrated dozens collective bargaining agreements, including a historic initial contract for the MTA Bus Supervisors that included raises of over 43% and over 100k in retroactive payments to many of our members.  In all of these agreements, we were able to make a number of improvements in wages and benefits for our members without any givebacks. This was accomplished not by accident but through our planning, hard work, experience, and taking advantage of the relationships that we have built with management over the years.  Our experience of having already negotiated many of the improvements we are seeking in the MSII contract will be a significant advantage for us in negotiations.  In addition to our track record in settling contracts, we also have vast experience in administering the contracts that we negotiate. That includes protecting our members' contractual rights, filing grievances, and representing our members in disciplinary actions. Our arbitration success rate is second to none in the Authority.

The Transit Supervisors Organization was established in 1954, making us the oldest and most experienced Supervisors Organization on the property.  In 1997, we affiliated with the Transport Workers Union International and became Transport Workers Union Local 106 - Transit Supervisors Organization.  Our affiliation with the International Union has given us access to a wealth of resources that independent unions just don’t have.  Throughout our proud and distinguished history, we have continuously fought for our members’ rights and dignity and have been the leader in negotiating pay and benefit improvements for all supervisors.  Our record clearly demonstrates our dedication and determination to making this job better for our members and their families. 

Thank you for considering having Transport Workers Union Local 106 - Transit Supervisors Organization become your bargaining representative, and we hope you take the time to vote in the upcoming representation election because having experienced union officers at the bargaining table will make the difference in achieving a fair, just and equitable contract for you and your family.

Vincent Modafferi

Mother Clara Hale Depot Arbitration Award

*** UP-DATE ***

On March 2, 2015, the SSSA filed a petition in the Supreme Court of New York to vacate the Mother Clara Hale Arbitration Award.  Today, Supreme Court Justice, Debra Silber denied their petition to vacate the award.

On December 17th the parties appeared before the Arbitrator to clarify and discuss issues that were not addressed in the original arbitration award.  If there was any doubt in the original award that MCH depot is an OA depot the supplemental award CONFIRMS that MCH is an OA DEPOT!

This decision is a historic victory for our Union because the award confirms our position that with the closing of 126th Street Depot all of the supervisory work in Manhattan should become TSO represented work.  The decision also recognized the concerns raised by the SSSA in that displacing long-term employees will negatively impacted those employees by not allowing them to continue to work in Manhattan.

The outcome of this award is dramatically different from where we began in this dispute.  Initially, the Authority took the position that they were going to transfer 126th Street work and the SSSA supervisors into MCH depot, as well as them retaining all of their Road Control positions. This caused us to file two grievances.  We then attempted to negotiate a resolution where we would eventually get all of the SSSA’s work in Manhattan.  Throughout these negotiations, it was our strategy to be reasonable and flexible.  After months of negotiation, we failed to reach an agreement, but we did succeed in getting the Authority to abandon their plan to transfer the 126th Street work into MCH depot.  Once we got this agreement from them, we then agreed to a tri-lateral arbitration that would be heard by Howard Edelman.

It is clear from his decision that our strategy worked to our advantage in this proceeding, and as a result of this award, the Authority will no longer hire any new TA supervisors to work in Manhattan.  Our Union will eventually gain nearly 60 additional jobs for our members, and for the first time in the history of this great Organization, we will represent all of the supervisory work in Manhattan!

If you would like a copy of the award, please contact the Union office.

OA/TA Discipline Reduction Program

As part of our 2013 - 2018 collective bargaining agreement, the Union negotiated a Discipline Reduction Program for members who have reprimands and/or warnings on their official records for violations committed prior to January 1, 2015. 

Discipline and Grievance

a)  Reprimands and warnings will be removed from a Supervisor’s discipline record for discipline imposed prior to January 1, 2015 if there was no subsequent discipline initiated within twenty-four (24) months of the warning or reprimand being imposed.

Member should check their DAN History through the BSC Self Service Portal.  If you believe you qualify for the discipline reduction program, please contact your Unit Chairperson.

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