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Friedrichs and the Freeloading Ten

Mooch. Leech. Freeloading bum.

Parasite on two legs.

Human sponge.

So many words, so little time.

It’s hard to settle on just one word or phrase for workers like Rebecca Friedrichs and the other nine California teachers who don’t want to pay a fee supporting their union’s core functions like negotiating contracts with raises and representing workers in disciplinary hearings.

In the lawsuit, Friedrichs v California Teachers Association, the teachers argue it’s a matter of free speech. Friedrichs and the other plaintiffs don’t agree with everything the union leadership does, so they shouldn’t have to pay a so-called “agency fee.”

Call them the Freeloading Ten, and put them in the category of workplace fringe curmudgeons: the pain-in-the-ass few who just have go against the grain, who wouldn't pay for something - anything - if they don’t have to, even if it was detrimental to the greater good, their larger community of workers, even if that forces others to shoulder a greater burden.

Friedrichs v CTA had rightwing fatcats and ideologues giddy with anticipation. They fully expected a 5-4 Supreme Court decision restricting how unions collect revenues, which would reduce their effectiveness and further diminish their role in society.

God forbid there be a real check-and-balance mechanism for the little guy, and gal, doing all the shoveling and lifting and trucking for corporate and government executives, many of whom would much rather to issue decrees without opposition.

A 5-4 majority from a conservative block of justices would have forced public sector unions to provide services - like negotiating contracts and enforcing safety rules– to non-members in the bargaining unit for free, potentially opening the floodgates to mooches like the Freeloading Ten.

That didn’t happen. But only because the big justice in the sky called Associate Supreme Court Justice Antonin Scalia home. Scalia, 79, passed away in his sleep in February of natural causes, after an afternoon of Quail hunting in Texas.

Laws in 23 states allow public sector unions to collect “agency fees” from workers who join their labor organizations, and from non-members who also benefit from union activities like negotiating contracts.

By law, unions can’t spend the money on traditional political purposes like supporting individual candidates for elected office. Separate union dues that members pay cover those expenses.

Peggy Browning Awards Showcase TWU's Commitment to Labor Law Students

APRIL 7 -- Local 100 purchased two tables at the prestigious Peggy Browning Fund awards dinner which honors labor attorneys and leaders, and builds resources to encourage and recruit new lawyers to join the labor movement. President Samuelsen received an award along with longtime labor attorney Carol O'Rourke Penningson and noted labor arbitrator Howard Edelman. Picking up the award for Samuelsen, who was out of town, was our own Shannon Poland. In his address, Poland relayed President Samuelsen's respect and appreciation to Edelman for arbitrating cases on the merits and giving transit workers a fair shake. For his part, Edelman, on accepting his award, recalled the time when he got out of his car at the College Point Depot and was confronted by a rank and file Bus Operator. It turned out what the TWU member wanted was to thank the arbitrator for saving his job.

Many of TWU Local 100's friends and allies in the legal profession were on hand, including principals of Colleran, O'Hara & Mills and Pitta Bishop Del Giorno & Giblin, among many others. Denis Engel, Counsel to Local 100, introduced Shannon Poland. The packed dinner was enlivened by the presence of many young lawyers who have been on mentoring fellowships with labor organizations and have participated in regional workshops about labor law in law schools across the country. Fully 53.5% of Peggy Browning Fund alumni are practicing law in workers' rights organizations and related public interest industries. TWU Local 100 salutes the Peggy Browning Fund for doing so much to create and support the next generation of labor advocates in the legal profession.

At the dinner for the Union (pictured) were Officers and Directors along with the union's senior attorney, Ursula Levelt.

Governor's Win on $15/hour is Also a Win for TWU Local 100

A large turnout by TWU officers and rank and file at the Javits Center on Monday gave credit to Governor Cuomo for his successful passage of a law making $15 an hour the minimum wage in New York City by the end of 2018. It was also a reflection of the Union's long and ongoing fight for better wages for our members toiling as Call Agents at GCS/Access-A-Ride, who will see their wages -- now at $12 and less -- rise in tandem, unless we notch a higher figure in contract negotiations.

TWU Local 100 Secretary-Treasurer Earl Phillips was joined by other officers including MABSTOA VP Richard Davis. Also present were GCS workers including longtime employees and Shop Stewards Sandra Lennon and Patricia Edwards. Cuomo's bill makes $15 an hour mandatory first for businesses with more than ten employees, and then phases in that rate for smaller businesses in 2019 and for Long Island and Westchester County in 2021. In the rest of the state, the minimum will increase to $12.50 by the end of 2020, mainly because of wage scales for agricultural laborers upstate. Read Governor Cuomo's letter to Sec-Treasurer Earl Phillips here. Sent back in October, it highlights our continuing fight for $15.

Trial Moves Closer in Peña Case

Trial Moves Closer in Pena Case

New York State Criminal Court Judge Gregory Carro told Domonic Whilby's defense team to be ready with expert witnesses and reports for May 4, when the trial of their client in the killing of Bus Operator William Pena will hopefully get underway.

New York State Criminal Court Judge Gregory Carro told Domonic Whilby’s defense team to be ready with expert witnesses and reports for May 4th, when the trial of their client in the killing of Bus Operator William Pena will hopefully get underway. A big turnout of 50 transit workers who packed the left side of Carro’s courtroom at 100 Centre Street boosted the spirit of Nancy Rodriguez, Willie’s widow, who has come to court over two dozen times to see justice done in the murder of her husband. Outside court, Nancy, joined by family attorney Sanford Rubenstein and TWU members including MOW VP Tony Utano, who spoke to the press.

This April, Retirement Options At Nearly Every Work Location

In April, Prudential and the MTA are partnering to give our members information about retirement options. Reservations aren't needed. Just download the flyer here to find out when there's a presentation near you. Plan for your retirement now -- and make sure you have financial security when you need it.

Prescription benefits at TA/OA/MTA Bus

Prescription benefits for active members are managed by CVS Caremark as of June 1, 2019. You should have received your prescription drug card in the mail. Visit caremark.com/startnow for more information. Their customer service number is 1-855-296-7683.

Special Bulletins regarding coverage during the coronavirus outbreak are here:

Questions & Answers for Local 100/MTA members

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Here's the latest Caremark brochure. Some pages are linked to the sites referred to in each document.

Liberty Lines Members Vote “Yes” on New Contract; Pact Gives Raises of 11% Over Five Years

MARCH 29 -- TWU Local 100 Members at Liberty Lines in Yonkers have approved a new five-year contract, announced TWU Local 100 Administrative Vice President Angel Giboyeaux. The vote was 162 to 70, and was certified by the American Arbitration Association this morning at its offices in lower Manhattan. Liberty Lines operates the Bee Line System which serves Yonkers and adjacent communities.

Under the agreement which runs through February of 2021, Liberty Lines Bus Operators, Mechanics, Cleaners and other workers will be getting 11% pay raises as well as other benefits including pension enhancements.

“I was optimistic that the contract would pass because it’s a good agreement that gives raises in every year,” said AVP Giboyeaux, the ranking officer on the negotiating committee. “Moving with the economy, the pension workers will earn is going up as well, and we have protected our health benefits. This is a solid win for workers.”

The raises are 1.75%, 2%, 2%, 2.25% and 3%, with the first increase effective on today’s ratification. Other benefits include better uniform allowances and nighttime differential pay. Local 100 represents approximately 600 members at Liberty Lines. Mr. Giboyeaux gave credit to the Union's negotiating committee, which included Private Lines VP Pete Rosconi, Division Chair Bill Mooney, Exec Board Member Manny Agosto, Carlos Bernabel, Janet Rosa, and Tom Monaco. The union's attorney at the table was Denis Engel.

Admin VP Angel Giboyeaux, in Westchester, Pushes for More Transportation Funding

Admin. VP Angel Giboyeaux, in Westchester, Pushes for More Transportation Funding

MARCH 24 - At a press conference in Ridge Hill hosted by Assemblywoman Shelley Mayer, TWU Local 100 Administrative Vice President Angel Giboyeaux joined the growing call for $25 million in additional funding for mass transit in Westchester, which would include $5 million for the Bee-Line Bus Service, which is operated by TWU-represented Liberty Lines.

MARCH 24 – At a press conference in Ridge Hill hosted by Assemblywoman Shelley Mayer, TWU Local 100 Administrative Vice President Angel Giboyeaux joined the growing call for $25 million in additional funding for mass transit in Westchester, which would include $5 million for the Bee-Line Bus Service, which is operated by TWU-represented Liberty Lines. Cameras from News 12 as well as our own rank and file captured the event.

Union Wins as Tour Bus Co. Must Give $52K in Back Pay to Workers

TWU Local 100 has forced a Manhattan-based sightseeing company to pay a total of $52,000 to a group of workers it illegally fired for union activities.

Under a signed settlement agreement with the National Labor Relations Board and Local 100, Go New York Tours must pay each former worker between $4,000 and $16,000 in backpay. “This is an important victory,” TWU Local 100 President John Samuelsen said. “Go New York Tours arrogantly, callously and illegally fired workers for supporting the union. We fought back on their behalf and won.”

The workers – one mechanic, three tour guides, one boat captain and one engineer – were fired in 2015 as they organized employees to form a bargaining unit of TWU Local 100. The company provides bus and boat tours of the NYC. It has approximately 300 employees. The settlement came after the National Labor Relations Board formally charged Go New York Tours with unfair labor practices prohibited by federal law, including:

interrogating employees about their union activities and sympathies;
creating an impression among employees that their union activities were under surveillance;
threatening employees with loss of bonuses if they selected the union as their bargaining representative;
threatening employees with discharge if they selected the union as their bargaining representative.

Under the settlement, Go New York Tours must post worksite notices acknowledging workers have the right to join a union - and promising not to impose discipline on employees without first informing Local 100 so officers have an opportunity to intervene.

Standing Room Only as TWU Celebrates the Easter Rising on Quill Connolly Day

MARCH 15 -- Quill Connolly Day brought together Irish, British, Australian and Canadian trade unionists to celebrate the 100th Anniversary of Ireland's Easter Rising and its martyr, James Connolly, whose struggle provided so much to inspire the TWU's founder, Mike Quill, and his fight to organize the transit industry in New York City. President John Samuelsen keynoted the event, introducing Councilwoman Liz Crowley, who he called an outstanding supporter of labor in New York City. Samuelsen also held out the story of New York City's pedicab workers, who received crucial help from the TWU when their plight looked desperate. When the Mayor threatened to take their jobs away, these workers, he said, did what he hoped all those in similar circumstances in our industry would do -- reach out the the TWU. The Union's top leadership all atended the event and had places on the dais, including Secretary-Treasurer Earl Phillips, Recording Secretary LaTonya Crisp-Sauray, and Administrative VP Angel Giboryeaux. Jerome LaFragola, the TWU International's Director of the Transit Division, represented International President Harry Lombardo.

Mick Cash, the head of Britain's RMT -- the transit union that represents workers on the London Underground and many other properties in the UK -- gave a searing speech about inequality and the duty of labor to fight against it. Historian Brian Hanley recounted the grinding poverty which was the lot of Irish workers before the Easter Rising put them on a course to creating a powerful trade union movement. Canadian ATU Local 113's Bob Kinnear brought greetings from up North, and Sinn Fein MP from Armagh, Mickey Brady, spoke of his party's major successes recently in the polls and their strong ties to the Irish in America. Perhaps traveling the furthest to attend the evening's festivities was Luba Grigorovitch, Secretary of Australia's Rail, Tram, and Bus Union (TRBU) -- the highest ranking officer in that labor organization. Earlier in the day, she met with TWU Local 100 Recording Secretary LaTonya Crisp-Suaray and a delegation of TWU women. Grigorovitch, at 30, is fresh off a major victory involving a general strike of transport in Melbourne, resulting in pay increases for workers of twice the government's earlier offer. Enjoy the photos from the night and a longer account to follow in the TWU Bulletin.