Union Files Motion to Dismiss MTA Contract Arbitration Appeal

On Monday, May 24, 2010, the Union filed a motion asking the Court to dismiss the MTA’s appeal regarding the contract arbitration award. After a lower court rejected the MTA’s first appeal, the MTA started fulfilling some terms of the arbitration award. However, it is still holding out on others terms, using the appeal to a higher court as legal cover.

As well as the third year pay increase of 3%, the MTA is holding out on the cap on health insurance contributions. Moreover, the MTA has not yet paid a penny in wage increases for MTA Bus.

Our motion, if granted, would put an immediate end to the stalling.

If the court does not grant the motion to dismiss, the Union asks the court to consider lifting the stay on enforcing the lower court’s judgment confirming the arbitration award. That stay is what gives the TA legal cover for its stalling. Lifting the stay would allow TWU Local 100 to force the MTA to pay the wage increases now to MTA Bus employees while the MTA’s appeal on the contract arbitration is still in process.

We believe that our motion stands on strong grounds. There is nothing in the law that permits the MTA to set aside only part of a contract while accepting the rest. Moreover, the MTA failed to timely file the paperwork necessary to perfect its appeal.