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Whilby Granted Bail in Pena Murder Case; Judge Sets 250K Cash Requirement

Domonic Whilby, whose drunken joyride in a stolen truck caused the death of Bus Operator William Pena in February of 2014, was granted bail in a Manhattan courtroom after 17 months of incarceration. The decision to set a $500,000 bond for Whilby, which can also be satisfied by $250,000 in cash, came over the objections of ADA Randolph Clarke, who called Whilby a flight risk due to the severity of the charges, which carry a potential penalty of life in prison. Judge Gregory Carro set September 14^th as the next court date, which will likely see the beginning of the trial process. Nancy Rodriguez, William Pena’s widow, said that she will be notified by the DA’s office if and when Whilby makes bail. TWU Local 100 President John Samuelsen wrote a strongly-worded letter to Manhattan DA Cyrus Vance, urging him to place tight restrictions on Whilby should he make bail, including no issuance of a passport and electronic monitoring.

Whilby, 23, was led into Judge Carro’s courtroom at 9:55 in a freshly pressed white dress shirt and gray slacks. His mother, sitting in the third row on the right hand side of the courtroom, put her arm around her sobbing younger son’s shoulders. On the left were members of the Pena family, along with officers from MaBSTOA and union rank and file and staff, including Division 1 Chair Richard Davis and Vice Chair Donald Yates.

President Samuelsen, with the bikeshare negotiating committee, holds the new signed contract to smiles all around.

Bikeshare Workers Ratify Their First TWU Contract

JULY 16 -- Transport Workers Union Local 100 President John Samuelsen announced today that bikeshare members have overwhelmingly ratified their first union contract by an 83 percent margin (97-19). The four and a half year contract, the first for bikeshare workers in North America, covers nearly 200 workers employed by NYCBS-Motivate, which operates bikeshare in New York and other major American cities.

“I am gratified that the members have shown their strong support today in their ballots, as well as support throughout the process,” said Samuelsen. “This contract greatly improves the income and benefits of these dedicated workers and we are confident will lead to better service for bikeshare users.”

Under the agreement, the workers running the nation’s biggest bikeshare program win raises of more than 20% over the contract period. Full-time employees in NYC will get an immediate average 10% boost to their hourly rates, a key worker goal, and will receive periodic raises throughout the life of the agreement. The contract includes creation of an empowered Workers’ Council, another key union goal, to meet regularly with Motivate management. It will be a forum for worker representatives to propose operational changes and resolve work place problems.

The contract also mandates predictable and stable schedules for workers who will pick assignments through seniority. It establishes a system enabling workers to get priority for promotions.  It also provides a grievance and discipline procedure to guarantee just cause.  The union also won an array of other economic and benefit enhancements, including 8 weeks of fully paid parental leave, eight paid holidays, the establishment of substantial paid annual vacation, paid medical benefits and night differential .

In NYC, the TWU represents approximately 200 mechanics, technicians, call center agents and “re-balancers,” staffers who supply docking stations with bicycles in New York City.  The union also represents 300 additional workers at Capital Bike in Washington D.C., Divvy in Chicago and Hubway in Boston, all operated by Motivate. 

First-Ever Bike Share Contract Wins Hefty Raises, Staffing Levels, Paid Paternity and More

JULY 9 -- TWU Local 100's organizing drive, which led to union representation for some 200 Citibike workers in New York City, has resulted in a ground-breaking contract, the first for the burgeoning bike share industry in America. Local 100 President John Samuelsen, in an 11 AM press conference at the Union Hall in downtown Brooklyn, spelled out key details of the agreements which was finalized last night after a long bargaining session with representatives of New York Bike Share - Motivate, also known as Citibike.

The five-year contract gives full-time employees of Bike Share in New York ten percent raises and then periodic raises through the life of the agreement -- amounting to 20% raises for the workers. It creates a Worker's Council which will meet regularly with Motivate management, keeps staffing levels constant, and provides a phenomenal benefit to workers who become parents of eight weeks paid leave. It allows workers to pick assignments by seniority, a key ingredient in quality of life at the workplace. The contract also allows for a grievance procedure to contest unfair discipline. It includes eight paid holidays, annual vacation benefits, paid medical and night differential pay.

Bike Share Dispatcher Dolly Winter, who was a member of the negotiating committee, called it "a success story for everyone." President Samuelsen, in his remarks, noted the good working relationship the union has with management, and said that he hoped the agreement would form the template for similar agreements to be negotiated with other Bike Shares which the Union represents, including those in Boston, Chicago, and Washington, DC. He said that he hoped the combination of a motivated workforce and good management would propel the bike share model forward nationally.

A Question for the Supporters of the Right-of-Way Law

Here’s a question for supporters of the "Right of Way" law - did you really intend for someone like Theresa Gallagher to be handcuffed and thrown into a jail cell with drug dealers and muggers?

Gallagher, 62, is a MTA bus driver. For more than 24 years, she had an unblemished record.

Not a single traffic violation.

Not a single write-up by the MTA for breaking one of it’s many rules.

Not a single customer complaint leading to a disciplinary action by the bosses.

On October 3^rd, Gallagher was operating a 60-foot-long bus in the South Bronx. It was nearly 1:40 a.m. in the morning as she drove north on Willis Ave. As she was making a left turn with the green light, Gallagher heard a noise.  She thought someone threw an object at the bus, which isn’t very unusual. In fact, the left side of the turning bus hit a man who was walking across East 147^th. John Lavery, an apparently homeless 61-year-old man, was declared dead at the scene.