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MSII Thorne Struck by Stray Bullet

At the Sutter Ave and Rutland Road train station at about 6:10 p.m. on Tuesday, MSII Carlo Thorne was struck by a stray bullet after a fight broke out between two groups of young men on the 3 train.

When the train stopped, one of the men involved in the fight got off, then pulled out a gun and opened fire, striking MSII Thorne in the right arm.

Carlo, made his way from the platform to the mezzanine, with his arm wrapped in a shirt where he had been shot.  He was taken to Kings County Hospital with non-life-threatening injuries.

“(MTA) Chairman (Joe) Lhota and I visited our colleague tonight and it was great to see him surrounded by family and in very good spirits,” said NYC Transit President Andy Byford.

Police said three suspects, ages 17, 22 and 23, were in custody. It wasn’t clear if any of them were suspected of being the shooter.

Carlo was released from the hospital and is currently home.  He is waiting for the swelling in his arm to go down before he can return to the hospital to have the bullet removed.

Our thoughts and prayers go out to Carlo and hope for his speedy and full recovery.

MTA Bus Interest Arbitration

*** Arbitration Update ***

The interest arbitration is proceeding as scheduled.  We hope to have a decision by the end of July.


Hearings and witness testimony were completed yesterday.

 

The Union presented witness testimony and exhibits that clearly demonstrated our argument and case that the MTA Bus supervisors are doing the same job, working for the same employer, and in many cases the same locations as the OA and TA supervisors, but are being paid less.

 

We also presented testimony and exhibits demonstrating to the panel that to achieve a comparable wage replacement rate (pension) for the supervisors, as provided for in the MTA Bus Local 100 pension award, the multiplier would have to be significantly higher than the $130 awarded to the hourly employees.

 

The Company did not have any questions for or cross examined any of our witnesses, nor did they dispute our claim that the MTA Bus supervisors are performing the same duties as the OA & TA supervisors.   Their case is based solely on the principle of pattern bargaining and how it has been historically applied to all the Unions under the MTA umbrella.  They also argued that the pension improvements in the Edelman Award were paid for by Local 100.

 

At the conclusion of the hearing, Arbitrator Wittenberg decided to leave the “record open” for thirty days to give both sides the opportunity to review the testimony and exhibits.  Closing briefs are due on June 8, 2018, at which time we will ask the Arbitrator the issue a decision as soon as possible.

 

As I have said along, we face an uphill battle attempting to overcome the pattern bargaining argument.  However, we believe the situation in MTA Bus is so unique and beyond any sense of fairness that if any case is going to “break” the pattern it would be this case at this time.  We remain optimistic that we will be able to make progress towards closing the gap on the pay inequities between MTA Bus and the OA/TA.


Mother Clara Hale Depot Arbitration Award

*** FINAL UP-DATE ***

On February 15, 2018 the New York State Court of Appeals denied the SSSA appeal to hear the MCH case.  With that, the legal process for them to try an overturn the MCH Arbitration Award is over.  The Arbitration Award stands and eventually the OA will absorb all of these positions. 


Today we received the Decision and Order from the Appellate Division regarding the SSSA"s appeal of the Mother Clara Hale Interest Arbitration.  The Court again denied their petition to vacate the arbitration award.   We hope that the SSSA will come to the conclusion that the award will stand and it would be futile to continue to appeal this decision.


MSII Contract Ratified

*** Update ***

Contract Implementation

General Wage Increases (GWI): will go into effect on October 1st and will be paid on the paycheck of 10/19.

Retro-Active Wage Adjustments (RWA): will be paid in a separate paycheck on November 16th.  Members will have the option of deferring all or a portion of their RWA thorough the self service portal.  To maximize your deferral options we recommend that members open up both a 457 and 401(k) deferral plans.

Commuter pass: Commuter pass applications are now available for all of the represented MSII's.  For further information you can download the FAQs.

Half Day Usage: We are still working with Labor Relation on this implementation item and as soon as this is resolved we will let everyone know.


I am please to announce that today the tentative MSII contract has been ratified by the members. We hope to have a signed agreement within the next week.  Once the agreement is signed by the parties we will post on the website along with a schedule of implementation dates.  I would like to thank everyone who voted and to all the members for their support and patience.

Judgment Day for Public Unions

By Matt Ford, The Atlantic

The U.S. Supreme Court has agreed to hear a case that could deal a serious blow to American organized labor.

Public-sector unions are heading back to the U.S. Supreme Court in a case that could deal a devastating blow. The justices agreed on Thursday to hear a challenge to the unions’ fee system in its upcoming term, setting up a major clash on organized labor one year after the Court deadlocked in a similar case.

2017 Supervisor Legislative Priorities

*** UP DATE ***

On June 7th, Independent Democratic Conference member, Senator Diane Savino introduced the first of its kind legislation that protects our members from the toxic exposure of diesel fumes and steel dust. 

It was through the efforts of the Subway-Surface Transit Supervisors Political Activity Corporation that drafted this legislation and found a sponsor to introduce this groundbreaking and historic bill.

SUMMARY OF PROVISIONS :

Employees of the New York city transit authority who become disabled due to their exposure to hazardous or toxic agents while performing their job, will be eligible for a disability retirement if certain criteria is established. It will be presumed that any employee who develops one or more of the illnesses and maladies in the proposed legislation, that the increased exposure to hazardous or toxic materials while at their work location will be the primary cause of such illness or disease. These employees would then be eligible for a disability retirement as provided by their retirement system

JUSTIFICATION :

Members of the transit authority are exposed to hazardous and toxic substances throughout their work day. Diesel fumes in bus garages as well as in subway tunnels when the diesel engine repair trains are in use are encountered at alarming rates. Subway workers are also constantly subjected to exposure to steel dust from the natural deterioration of both the train wheels and the train rails. The World Health Organization has studied the effect of these toxic substances on workers and concluded that there is a direct correlation between this exposure and the manifestation of certain illnesses and diseases.

In 2012 the World Heath Organization classified diesel engine exhaust as carcinogenic to humans.   Since then, there have been attempts to address this issue through legal proceeding and workers compensation.  So far the results have been mixed.

Our legislation eliminates the time, effort and uncertainly our members faces if he or she should develop one or more of the illnesses and maladies in the proposed legislation.  We would like to thank Gordon Warnock and Senator Savino for drafting and introducing this legislation.


We are happy to announce that the TSO and the SSSA has formed the Subway-Surface Transit Supervisors Political Activity Corporation to jointly promote and support legislation that benefits our members and supervisors.  We have introduced legislation that would make assaulting a Supervisor  while performing their duties a felony.  We are working on a number of other bills that we will post as they are introduced.


Within the past month two  of our Dispatchers in the Bronx have been assaulted while on their foot posts performing their duties.  Both were taken to the hospital as a result of their injuries and were treated and released.  The Union is currently working with the Authority and law enforcement to identify and bring to justice their attackers.  However, if they are apprehended, these criminals at most will face misdemeanor charges.  We believe assaulting a supervisor while performing his or her duties is a very serious offense and should be treated as such.  To address this, we are partnering with the Subway Surface Supervisors Association (SSSA) to introduce legislation that would make assaulting a supervisor while performing their duties a felony.

Tell the NYS Workers' Comp Board to Stop Attacking Injured and ill Workers!

Year after year, care and benefits for injured and ill workers come under attack. In the latest round, the NYS Workers' Compensation Board has proposed new rules and regulations that, if enacted, would drastically reduce awards for workers who lose the use of a body part and introduce changes to the process that would lead to ever increasing uncertainty, delay and litigation for injured workers.  

“This plan is an insult to all working men and women,” said NYS AFL-CIO President Mario Cilento. “Benefit cuts for injured workers are wholly unjustifiable.”

We need you to urge the board to scrap the proposed regulations and draft new ones.

Click Here to sign the Petition

Click Here to download Flyer

Public employee unions dodge a Supreme Court bullet in tie vote

Richard Wolf, USA TODAY 10:18 a.m. EDT March 29, 2016

WASHINGTON -- Conservatives bent on crippling the power of public employee unions lost their best opportunity in years Tuesday when the Supreme Court deadlocked over a challenge to the fees those unions collect from non-members.

Rather than seeking to reschedule the case for their next term, the justices simply announced they were tied 4-4 -- a verdict which leaves intact the decision of the U.S. Court of Appeals for the 9th Circuit upholding the fee collections.

That was a major victory for the unions and the court's four liberal justices following Justice Antonin Scalia's death last month. During oral argument in January, it had appeared almost certain that the court would strike down the requirement in 23 states that teachers and government workers contribute to the cost of collective bargaining, even if they disagree with their unions' demands.

The result would have been the demise of a nearly 40-year-old Supreme Court precedent that allows unions to impose such requirements on non-members. It would have made it harder for unions representing teachers, police and firefighters, and other government workers to maintain their power by affecting their pocketbooks.

Instead, the judicial deadlock allows the California Teachers Association to keep collecting the fees, but it does not have nationwide impact. The 9th Circuit standard applies only to states within its jurisdiction, including Alaska, Arizona, Idaho, Montana, Nevada, Oregon and Washington as well as California.

Constitution and by-laws Amendment

On June 22, 2017 the members approved an amendment to General Elections Section IX (a) of the Local's Constitution and by-laws.  Section IX (a) will now read as follows:

"All Officers and Executive Council members shall be elected every four (4) years, in a secret ballot election."

This change will go into effect in conjunction with the upcoming 2018 Officers and Executive Council member elections.

We would like to thank everyone who attended any one of these meetings.

Financial Disclosure Filing (JCOPE) for OA Line Supervisors

*** UP DATE ***

Last week we received two (2) denial letters from JCOPE regarding our exemption filings for OA Line Supervisors and OA Revenue Supervisors.  If you haven't filed a financial disclosure statement for 2106 yet we urge you to do so as soon as possible.  We are reviewing the denials and have asked our lawyer to contract JCOPE for clarification and guidance on appealing their determination.   If you have any questions, call the Ethics Helpline at 888-827-5682 (888-U ASK MTA).


If you have received a letter from NEW YORK STATE JOINT COMMISSION ON PUBLIC ETHICS directing you to file a financial disclosure application, you should file an individual exemption application.  The Union has recently filed with the the NYS Joint Commission of Public Ethics a Union exemption application.  We recommend that you include the Union exemption application documents in your individual filing.  We are currently awaiting their response to our application and believe based on the job duties of these titles we should be exempt from filing.

You should send a copy of the application to:

Paige Graves
General Counsel
2 Broadway, Room D30.13
New York, NY 10004
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