Monday, December 18, 2006

A Ceasefire in the Transit Wars

The arbitration panel that was given the task to settle the impasse between the Metropolitan Transportation Authority and the Transport Workers Union Local 100 imposed a contract on both sides. (Also mentioned here.) The contract, which expires in January 2009 (I'm assuming the contract is retroactive to December 2005, as the contract is also said to be 37 months in length), calls for provisions not unlike those agreed to by the MTA and TWU Local 100 President Roger Toussaint at the end of December 2005, days after the three-day strike called by Toussaint had crippled the city during the lucrative holiday season. The union rejected the contract the following month by an ultra-slim margin of seven votes out of more than 20,000.

Another vote by the union overwhelmingly accepted the contract and Toussaint called on the MTA to accept the vote and place the contract in effect. Toussaint explained that union members did not have accurate information by the time the first vote was cast. Additionally, factions within the union still bitter at Toussaint, over the fact that he had ended the strike without a contract and with fines against the union for violating the Taylor Law, were campaigning against the negotiated contract, which had given the union far less than it originally sought.

The MTA rejected Toussaint's plea and called for arbitration to settle the matter.

The new contract grants workers raises averaging 3.5% per year during the life of the contract. Additionally, workers will receive a pension refund of up to $12,000 each. Finally, Martin Luther King Jr. Day will be recognized as a paid holiday. However, employees will have to contribute 1.5% of their salary towards their health insurance. The last item was a major point of contention as, previously, there were no contributions made from employees' paychecks.

Considering that the MTA could have decided that the union was not willing to play ball, especially since the MTA and Toussaint had already agreed on a contract, the MTA could have decided to let the union employees continue to work without a contract, this ruling from the arbitration panel is a small victory for the union. The union could have tried to go on strike once more if the MTA did not return to the table, but it would have happened during a less important time, when businesses were not so dependant on holiday sales and tourism. Such a move could have bankrupted the union as more fines would have been levied and longer jail sentences would have been dealt. Even though the MTA had hoped to deal the union a defeat via arbitration, the MTA had to have known that the panel would have been likely to use the negotiated deal between the MTA and Toussaint as the default position. If the MTA were not at least somewhat willing to walk away with this contract in place, then it would have used its resources to wage a true full court press on the union. The union could also have appealed for arbitration, but there is no guarantee that the panel would have come to the same conclusion as they had in this case. Would they be have been willing to risk the gains they had made in the MTA-Toussaint talks in search of greater rewards?

Thankfully this contract will expire after the prime holiday season. However, it would be nice if it could end at a time when there isn't a chance of walking in 20 degree weather.

With that said, we can put our transit labor worries away for another two years. What comes in the days leading up to the contract's expiration will be known only when we reach that point. This ceasefire is more than welcome.

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