Prostate Cancer Now Accepted as 9/11 Illness -- 90 Days to File

The Victim's Compensation Fund (the federal compensation program for those who served at the World Trade Center site) adds new illnesses from time to time that will qualify for compensation. The deadline to bring those claims is two years from when a particular illness is added. For most cancers diagnosed before October 12, 2014, a claimant has to be registered by October 12, 2014.  If diagnosed after October 12, 2012, you have 2 years from diagnosis to register.

But prostate cancer wasn't added as an eligible injury until October 21, of 2013.  This means that anyone who was at the WTC site between September 11, 2001 and May 30, 2002 and was diagnosed with prostate cancer after September 11, 2005 still has a claim if they file their claim with the next 90 days (until October 21, 2015).

If you were at the World Trade Center disaster site between September 11, 2001 and May 30, 2002, and have been diagnosed with prostate cancer after September 11, 2005, the deadline to file a claim for compensation with the federal government expires soon.  For more information and a free attorney consultation call 1-800-331-2782 or 212 687-8181

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.

Local 100 Secretary-Treasurer is greeted by the Governor today in the Bronx

TWU Cheers Governor Cuomo's Task Force to Root Out Worker Exploitation

JULY 16 -- TWU was on hand for today's historic announcement by NY Governor Andrew Cuomo that he is initiating a statewide Task Force to root out worker exploitation in many industries throughout the state. TWU Local 100 Secretary-Treasurer Earl Phillips represented the 39,000 members of the Union, along with other officers and rank and file members at the Bronx announcement of the initiative.

The Governor spoke from the heart when he recounted the experience of his grandfather, who worked as a laborer from the age of 15 in the bitter cold without being able to afford a coat, for an owner who would not let him sit in the cab of the truck to get warm. He said that the contemporary experience of state investigators, sent to take low-wage jobs, was similar: they found themselves working seven days a week, without vacations, for less than minimum wage. But "even if you are an undocumented worker, you are still entitled to the protections of laws of the State of New York," the Governor said.

He added that the recently-exposed plight of nail salon workers, who must work for starvation wages in an atmosphere of toxic chemicals, was only one example of exploitation. "If you want to open your eyes and be honest," he said, "it's everywhere in this economy." He mentioned landscaping, car wash work, laundry and cleaning services, and construction. The Task Force, he said, will employ 700 investigators who will be charged with investigations violations of labor law throughout the state in a variety of industries.

TWU Local 100 is proud to go on the record in full support of this Task Force.

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. 

In Photos: TWU's 2015 Westchester Picnic in Redmond Park

TWU Local 100 members working in Westchester for our school bus and Liberty Lines properties were treated to a day of fun and relaxing pastimes at Redmond Park in Yonkers. The July 12th event featured softball, all the burgers and franks you could eat, a bouncy house for the kids and potato sack races for children of all ages. Raffle winners got iPads and a big screen TV. The weather cooperated. Enjoy the photos!

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.

NY Post Article Probes First Vision Zero Arrest

In a copyrighted article, New York Post writer Daniel Prendergast reported on the first arrest under the vision zero law, finding that the arrest never should have happened.

JULY 6 -- It’s more like zero vision.

The first city bus driver arrested for killing a pedestrian under Mayor de Blasio’s “Vision Zero” policy never should have been cuffed, according to a damning MTA report obtained by The Post.

A broken street lamp made it impossible for the veteran driver to see the man, who was on methadone at the time, the document shows.

Driver Theresa Gallagher, 62, was “put in a cell like a mugger” for fatally running over the man in the dark South Bronx intersection in October thanks to the initiative, which automatically slaps drivers with misdemeanor charges when a pedestrian is killed crossing with the light.

“[The Bronx DA’s Office] made her surrender three months later, and they met her in the lobby of the courthouse, and they cuffed her,” said Gallagher’s lawyer, Michael Armenti.

“They had her in a cellblock, and I was sitting outside trying to accompany this nice little lady who was just utterly devastated and had no idea what was going on,” he added.

Theresa GallagherPhoto: Victor Alcorn

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.

Rail Commuter Passes Remain Valid After June 30 "expiration date"

MTA Chief of Employee Relations Anita Miller, in a June 26th letter to President Samuelsen, has confirmed that railroad commutation passes issued to TWU Local 100 members under our last contract agreement remain valid even though they say that they expire on June 30th. In her letter, she notes that railroad personnel on the LIRR and Metro North, both MTA operated railroads, have been advised that these Railroad Commutation Passes remain valid and that permanent passes will be issued soon.

TWU Supports LGBTQ

A spirited group of Lesbian, Gay and Trans members, families and friends marched along with Union rank and file and officers, including Recording Secretary LaTonya Crisp-Sauray, in the biggest ever Pride Day march from 40th Street down to Christopher Street in the West Village. The TWU Local 100 van led the procession, along with a large float with a DJ and a hybrid electric New York City transit bus, placed into service for our special event. The event was especially significant this year because of the US Supreme Court's ruling making marriage between same-sex couples legal in every state in the union. Congratulations to all! The TWU continues our proud tradition of upholding the rights of all of our members.

Vets Fight Paying Off

Albany Wrap-Up: TWU Bills Advance; Fights Continue

                Two busloads of Local 100 members joined our dedicated Political Action team in Albany in the final days of the legislative session to push three bills that have high priority: vision zero, the veteran’s pension bill, and a bill for school bus disciplinary fairness. Two advanced to win passage in one house; the third awaits Governor Cuomo’s signature.

                Vision Zero easily grabbed the most media attention: a high-profile dust-up that pitted the Union, arguing for de-criminalizing Bus Operators in accident situations -- against Mayor de Blasio and holdouts on the New York City Council. Bicycle advocacy group Transportation Alternatives started the mud-slinging, saying Local 100 was looking for a “license to kill” on the roads – a complete distortion of our position, which was simply that fairness demands an accident investigation before charges are brought or arrests are made – particularly in cases where there is no obvious negligence or recklessness on the part of the Bus Operator.

                It was wonderful to hear – as did 40 Bus Operators in the State Senate gallery on Tuesday – legislator after legislator coming to the defense of TWU members in bus accidents, declaring that an accident is not evidence of guilt, and affirming the safety record of the MTA. The State Senate voted 54 to 6 to support our amendment to the Vision Zero law, forbidding the arrest of a Bus Operator on the scene of an accident where there is no reckless behavior. But the Assembly adjourned without bringing the bill to the floor for debate.  At this writing, the union continues to fight for fairness with direct action at the City Council and at City Hall.            

Nancy is interviewed by the New York Times as her attorney and her daughter look on.

Discovery Problems Cause Another Delay in Pena Murder Case

Nancy Rodriguez, widow of slain Bus Operator William Pena, reacted with anger and frustration to another delay in Judge Gregory Carro's 13th floor courtroom in Manhattan Criminal Court today. Prosecutors conceded in court that they had provided a defective video file to the defense team representing accused murder Domonic Whilby and that they had also not turned over requested blood sample tests. Nancy, appearing with her daughter Gabrielle and represented by Attorney Sanford Rubenstein, noted that this was the third court hearing in a row without the presence of lead prosecutor Randolph Clarke, Jr. There have been 16 court hearings in the case since Whilby's stolen truck crashed into Pena's bus, killing him on February 12, 2014, without real progress in bringing the perpetrator to justice. Rank and file TWU Local 100 members joined the Pena family in court.

MTA Board Members Say Bus Operators Treated Unfairly Under Vision Zero

Bus operators are being treated unfairly under a controversial Vision Zero law - and the MTA shouldn’t sit quietly on the sidelines, two Metropolitan Transportation Authority board members said Monday morning. “I think the inequitable treatment of the bus drivers is something that does need to be addressed,” board member Jonathan Ballan said at the monthly NYC Transit committee meeting in Manhattan.

Board member Allen Cappelli said: “I do think bus drivers have been treated inequitably in this situation and, as their employer, we do need to in fact weigh in on these issues as we put these men and women out on the streets everyday.”

Six MTA bus operators and dozens of other motorists have been arrested under the “Right of Way” law that Mayor de Blasio signed last year. It directs police to arrest drivers if a pedestrian is hit in a crosswalk - even without evidence of recklessness like speeding. Transport Workers Union Local 100 has argued that drivers are set up for failure because buses have “blind spots” created by the placement of drivers’ side mirrors obstructing views of the street from behind the steering wheel. The city Department of Transportation’s signal system directs pedestrians into crosswalks at the same time buses are making left turns.

Local 100 has demanded that the MTA fix the “blind spots” with different bus designs and the city install left-turn only signals at dangerous intersections. “I think the alternate solutions that have been set forth by the union are something that we need to discuss at the board level,” Ballan said. Councilman Daneek Miller, a former bus driver, has introduced legislation that would prevent the arrest of non-reckless drivers after pedestrian accidents. Cappelli called the proposal “meritorious.” A similar bill is pending in the state Legislature.

“I’d like to know where the MTA stands as an institution on this issue and look forward to a discussion on it,” Cappelli said. Committee Chairman Fernando Ferrer, the former Bronx borough president, indicated the issue might in fact be discussed at a full meeting of the board when MTA Chairman Tom Prendergast is present. The next meeting is Wednesday. 

Union Scholarships Application Period Extended

The union announced that our application period for scholarships for college students has been extended until June 30. These scholarships are for members, children of members, grandchildren of members, or retirees or their children or grand-children who are attending or accepted by an accredited two or four year college. Each scholarship is worth $1,000, and 50 will be awarded in a random drawing. You can download and fill out the application here. The scholarship program is sponsored by M3 Technology, the union's guaranteed acceptance voluntary benefit administrator. Good luck!

A New Column: Pete Donohue's Perspective on Transit

Noted transit reporter Pete Donohue – for 16 years at the Daily News the authority on NYC mass transit – has now joined the Union’s staff. In welcoming Pete, we’re proud to announce a regular column especially for our members and the riding public. You used to read Pete in the Daily News. Now, you can catch him only on the TWU Local 100 website. Enjoy Pete’s first column here, and check back weekly for more. 

An American Union Story

When the mine whistle sounded in Dickson City, Pa., everyone in the small blue-collar town momentarily froze with fear. The sound was an ominous announcement that there had been a serious accident underground. Elementary school and high school students waited anxiously until their lunch hour when they would hustle home. Some wouldn’t be at their desks when class resumed.  

“That’s how you knew whose father was killed or injured," my mother, Marlene, recalled. “Their desks would be empty.”

Her father, Frank Ceci, worked the mines for decades. He started in the early 1900s at approximately 13 years old.  At first, he worked above ground as a “breaker boy” picking out unwanted slate from the coal. He joined the men going into the "hole" a few years later. One of his earliest work memories was of men dying during cave-ins. The mining company would have the dead man carried home.

"They'd leave the body on the porch," my mother said.