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Bus Operator William Pena
Bus Operator William Pena

Bus Operator Gives Gripping Testimony in Pena Case

FRIDAY, March 17 -- A Bus Operator who was driving his private car to work happened to be the closest eyewitness to the tragic crash that took fellow Bus Operator William Pena’s life on February 12, 2014. Edward Barona, a 20-year NYCT veteran out of MJ Quill Depot, recounted what happened to the jury as Pena’s widow, Nancy Rodriguez, dabbed her eyes with a tissue. Barona, who stands about 6’ 2”, worked the same tour as William Pena at MJ Quill, and they sat together and joked together in the swing room. Each morning, he would wake at 4 AM and drive to work from Brooklyn, taking 14th Street from East to West after exiting from the FDR Drive. At 5:50 AM, he told the jury, he was approaching the intersection of 14th Street and 7th Avenue when “I saw a box truck coming full-on on 7th Avenue heading south. It was going real fast, with no intention of stopping. At the same time the M14 bus was crossing 7th Avenue, going eastbound. I saw the truck going southbound against the light, full blast.”

He continued: “All I could do was hold onto the steering wheel and brake real hard. The [front of the] bus had just left the intersection when the truck came smack dead center into the bus on the driver’s side. When it hit the bus, it was still going like the driver was still pushing on the gas. The tires were making a screeching sound. It took the bus and pushed it and both vehicles went into the side of the building.

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Signal Maintainer Jimmy Tan celebrates ten years in Transit with good friends and TWU Local 100

A festive dinner marked Brother Tan's ten year anniversary with NYCT. Mr. Tan is the lead committee member of the Union's Autumn Festival. Pictured with rank and file members is MOW VP Tony Utano and LES Division Chair John V. Chiarello.

 

Snowfighting March 14, 2017

Snowfighting on March 14, 2017

On March 14, the snowmageddon that was supposed to immobilize New York sparked a mobilization throughout the transit system, as CTA’s geared up for a long night to ensure that platforms and stairs were clear for straphangers, Bus Operators wintered in quarters waiting for the word on which lines would be running, and work train operators and signal maintainers toiled in the yards to clear switches and de-ice tracks. All went smoothly, as our members came through with flying colors – as usual.

Contract Raises Coming in April

Sisters and Brothers,

Now that the contract has been fully ratified by the TWU 100 membership and the MTA Board, we are meeting with the MTA to make sure it is properly implemented.  Some major items are already in place.  For example, the improvements to the dental coverage took effect on March 1st.  The improvements in the sick leave cash-out will take effect on May 1, 2017.

Some other changes will be in effect soon. The MTA has agreed that contractual raises will be reflected in checks received on April 19 (OA) and April 20 (TA). MTA Bus members, whose pay day is being changed to coincide with the TA pay day, will receive their check the same week. Retro money will be issued in a separate check soon thereafter.

We are finalizing the details on when and how members residing in NYC can apply for the Commutation Pass on LIRR or Metro-North.  We expect to have those matters settled shortly.  Then, over the coming weeks and months, we'll be meeting with the MTA to agree on the new work shoes and boots that will become available in 2018 and how you will be able to get them. In each department the officers are meeting with their counterparts at the MTA to put in place any changes in AVAs, picks or other matters that were settled in the departmental agreements. Additionally, we are preparing for the implementation of the significant improvements the union won  in the MTA Bus section of the contract.

For the first time ever there is a unified contract which includes sections for NYC Transit, MaBSTOA and MTA Bus all under one master agreement. Ultimately, this will result in a new TWU Local 100/MTA collective bargaining agreement book. Never again will the contract for MaBSTOA and NYC Transit be settled without  MTA Bus. We will keep you informed as these dates and procedures are finalized.

Question of Intent Hangs Over Pena Trial


After the first week of an expected four week trial, the question of whether defendant Domonic Whilby was in his right mind when he slammed into William Pena’s M14 bus after a night of partying will be decisive.

Defense Attorney Laura Miranda is trying to make a case that her client, who had a blood alcohol level of .28 an hour after the fatal collision, was too far gone to have the ability to consent to his blood test – not to mention the wherewithal to realize what he was doing when he pulled a stolen 9-ton truck out into traffic and ran a red light at 14th and 7th, killing Bus Operator William Pena. Prosecutor Randolph Clarke, assisted by ADA Atalanta Mihas, has been painstakingly building a different picture of Whilby, who had been partying at a celebrity-studded restaurant and then at an exclusive club before he got ejected by bouncers and found himself without wheels.

In carefully presented witness testimony from security guards and doormen who interacted with the defendant, as well as videos showing him stealing the truck, Clarke is laying the foundation for what Mihas, in the prosecution’s opening statement, called Whilby’s “quick and logical decisions” that ultimately led to Pena’s death. “[Domonic Whilby] was hell-bent and determined,” she told the 16 jurors and alternates, “to go into that loading dock and take the truck, a truck that weighed nine tons. He was intoxicated but his conduct was purposeful, goal-oriented, and it reflected his decisions.” Ms. Mihas told the jury that no finding of intent was required to find Whilby guilty of the charges, just that he caused the crimes that were committed. “It wasn’t that he wanted to kill, but that he created a grave risk of death. When you drink alcohol, you lose your inhibitions. Alcohol is the reason why you make bad decisions. Not that you don’t want to make them. He had the ability and the awareness, the will and the wherewithal to correct all of them.”

William Pena’s wife, Nancy Rodriguez, has been in the front row of the courtroom for each day of the trial, often accompanied by family members as well as their daughter, Gabrielle. Local 100 members have also made their presence felt. We’re hoping for an increasing turnout as the trial proceeds.

Rec-Sec LaTonya Crisp-Sauray Honored by CWA 1180

On the occasion of International Women's Day, our own Recording Secretary, LaTonya Crisp-Sauray, was honored by being named to give the keynote address to the Women's Committee of Communications Workers of America (CWA) Local 1180. Local 1180 represents about 8,000 workers in various New York City municpal titles. Thanks for the recognition!

TWU's Black History Celebration in Pictures

2017 Black History Month Celebration

At Harlem's famed Alhambra Ballroom on February 24, we celebrated Black History month. Enjoy the photos of our great event!

Union Celebrates Black History 2017 with Gala at Alhambra Ballroom

Samuelsen at Black History 2017

TWU Local 100 President John Samuelsen delivers remarks at the Union's annual Black History Celebration at the Alhambra Ballroom in Harlem. He introduces the union officers present and thanks the members for attending.

TWU Local 100 President John Samuelsen delivers remarks at the Union's annual Black History Celebration at the Alhambra Ballroom in Harlem. He introduces the union officers present and thanks the members for attending.

TWU Local 100 leadership and rank and file members celebrated Black History Month with a festive dinner and program of education and entertainment at Harlem's historic Alhambra Ballroom. TWU Local 100 President John Samuelsen gave introductory remarks, and then turned the floor over to MCs Sherlock Bender of MOW and Lynwood Whichard of Stations. Mr. Whichard then introduced former NYC Mayor David Dinkins.

Dinkins at Black History 2017

Uploaded by twulocalonehundred on 2017-02-25.

The night included great food, wonderful entertainment in the form of a beautiful dance performance by Eden Duncan-Smith, and great dancing MC'd by renowned DJ and radio personality Dr. Bob Lee from WBLS-FM. Honored for their contributions to the community were Local 100 members who have distinguished themselves for their selfless service. They included Mr. Whichard, Sandra Lennon of GCS, Floyd "Skip" Branch of Stations, and Dennison Phillips of CED.

Later today, we'll have a complete slideshow of the festive event up on our website.

New on Aetna's Health Section

What’s new on the Health Section this week?

  • Palliative care can improve quality of life, survival for cancer patients— Care that is given to patients focusing on dealing with the byproducts of dealing with major diseases show better results for cancer patients.
  • The Truth About Seasonal Affective Disorder— With winter months rolling on some people can feel a change in mood with the season. There is hope however. You can read about what it is and what to do here.

There’s more

Each week, check out The Health Section, Aetna’s external website that publishes timely news and analysis about innovation, issues and ideas that are shaping healthcare today and tomorrow.

Like what you see? You can add The Health Section to your mobile device for easy reading any time. And on Twitter:

Workers at the American Aribtration Association open ballot envelopes on February 14 in preparation for scanning vote totals
Workers at the American Aribtration Association open ballot envelopes on February 14 in preparation for scanning vote totals

Members Vote 70-30 to Ratify New Contract with the MTA

Rank and file transit workers have ratified a new 28-month contract with the MTA by a 70-30 percent margin.  In total, transit workers voted 10,540 in favor vs. 4,571 against.  Divisional breakdowns will be available tomorrow.  Balloting was conducted by the American Arbitration Association.  The count took place at AAA’s offices at 120 Broadway.  The contract covers Local 100 members employed by MTA-NYCT, MTA-MABSTOA and MTA Bus.

TWU Local 100 President John Samuelsen said of the ratification:  “I want to thank rank-and-file transit workers for their strong show of support in ratifying this agreement with the MTA.  They recognized that the contract provides wage increases and other economic enhancements that will keep transit workers ahead of inflation, and fully protects their health coverage and wins important medical benefit gains without the concessions that are enshrined in city and state public sector patterns. It secures an unprecedented "me too" wage guarantee with the LIRR unions, which have the right to strike and are governed by federal law and wage patterns set by the national freight and commuter railroad sectors. 

"The contract does not lock us into a long-term commitment, which provides an important hedge against any unforeseen spike in inflation.  For the first time, this contract has secured an agreement from the MTA to hire and utilize in house forces to retrofit the older parts of the transit infrastructure to provide clean, comfortable and safe crew areas for our sisters in transit.

"Over the next several months, our union will be plotting the course for 2017 and 2018, knowing that the potential of a national right-to-work bill and other destructive anti-trade union laws are likely coming our way. In this age of national political uncertainty, we must unite or risk great harm. In the coming months, I will be making extraordinary efforts to unify Local 100 to face this oncoming battle."

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