News from TWU Local 100

We Sue the MTA Over Free Speech Rights

TWU Local 100 on Sunday filed a federal lawsuit against the MTA for rejecting bus and subway ads highlighting how frequently transit workers are assaulted. The MTA’s refusal to sell Local 100 advertising space in the transit system violates the right of free speech guaranteed under the First Amendment, the lawsuit states. The ads are part of Local 100’s campaign to secure raises for the 38,000 men and women who operate and maintain the Metropolitan Transportation Authority’s bus and subway system.

“We want the public to have a better understanding of what it’s like to be a transit worker,” TWU Local 100 President John Samuelsen said. “We move over 8 million rides each day, providing this vital service to New Yorkers, but we pay a heavy price in blood.”

The rejected ad depicts four transit workers who were assaulted on duty, including a pummeled Bus Operator in a neck brace and Bus Operator with a bloodied face. “Every 36 hours, a transit worker is assaulted on the job,” the advertisement states. “We deserve a wage increase for our sacrifices.” The contract between the MTA and Local 100 expires Jan. 15. Approximately 250 bus and subway workers are assaulted a year, according to the MTA’s own data.

The authority rejected the ad in November, claiming its content was not permitted under a policy the MTA board adopted in April 2015. That policy – which has never fully been challenged in court - prohibits ads, which “express a political message, including …an opinion, position or view point regarding disputed economic, political, …or social issues…” Local 100 strongly disagrees that a poster about worker assaulted on duty, and the desire for better wages, is political in nature. Regardless, the subway is clearly a public forum where political content is protected by the U.S. Constitution. The MTA said as much in the weeks following the election of President-elect Donald Trump. It allowed hundreds, if not thousands, of riders to post political opinions and messages on the walls of the Union Square subway complex, including calls to abolish the Electoral College and ban ‘ free prison labor.’ The postings also including messages urging riders to take political action and contact their elected representatives in government.

MTA Compelled to Make Track Safety Rule Changes

Under intense union pressure, the MTA has been compelled to make unprecedented track-safety rule changes to prevent another tragedy like the line-of- duty death of subway Construction Flagger Louis Gray Jr. on Nov. 3, 2016.

Gray was on a curved track setting up yellow warning lights for a construction project that was about to get underway when a G train came around the bend and struck him. Gray’s co-workers, Jeffrey Fleming, was seriously injured but survived. The tragedy exposed serious, life-threatening flaws in the MTA’s safety protocols. The G-train operator had no idea that Gray and Fleming were up ahead when he left the nearest station. He couldn’t stop in time when he came upon the two men on the tracks between Fort Hamilton Parkway and Church Avenue stations.

The MTA balked at TWU’s demands for new safety measures, so the union forced the dispute into emergency arbitration. The MTA has now agreed to suspend train traffic when flaggers are setting yellow warning lights out in advance of a construction project on curves with limited visibility and other extremely dangerous areas. (sections of track where there are no safety niches for a transit worker to quickly find refuge should a train be coming) “This is a big win for the safety of New York City transit workers,” Local 100 President John Samuelsen said. “Past efforts to get the company to even slow the trains down were extremely difficult. Now, the trains must not only slow down but completely suspend service and this is unprecedented.” Flagging lights are set up to warn approaching trains that workers may be on the tracks ahead and to proceed with extreme caution.

After Gray’s death, the MTA issued a bulletin with regulation changes that were too weak and amounted to nothing more than “nibbling around the edges,” Samuelsen said. Local 100 took the matter to emergency arbitration. After an all-day hearing on Friday Dec. 2^nd, both sides, along with the arbitrator, signed a legal document adopting the new protocols halting trains in certain circumstances. “It’s a travesty that another transit worker lost his life on the job,” Samuelsen said. It’s also a travesty that this matter had to go to arbitration. The MTA should have done the right thing in the immediate aftermath of this tragedy.” The NTSB, which is investigating the accident, approved of the new protocols Tuesday. The MTA has scheduled a 24-hour “safety stand down” starting at 10 p.m. Wednesday, December 7th. During that time, all non-emergency track work will be suspended so workers can be educated on the new regulations.

It's Time to Nominate: Transit Hometown Heroes Awards Open

Each year, the New York Daily News showcases the outstanding work of our members -- TWU Local 100 represented transit workers -- in a special section in the paper and a gala awards dinner at the Empire Ballroom in Manhattan. Celebrity presenters like Liz Cho of WABC-TV and NY1's Pat Kiernan partner with transit workers and tell their stories. But first, you have to nominate them! Click here for the awards rules, and nominate yourself or a co-worker today. We are the unsung heroes of New York City -- and if we don't tell our own stories, often no one else will. Nominees are transit workers who have gone above and beyond to help our fellow New Yorkers. You know who you are!

Union Submits Bargaining Demands to the MTA

At the conclusion of Tuesday's large rally outside MTA Headquarters at 2 Broadway, President John Samuelsen and top Local 100 leadership submitted our formal bargaining demands to MTA Director of Labor Relations Anita Miller, in the lobby of 2 Broadway. You can read the text of the main table bargaining demands here.

Massive Rally Sparks Contract Kickoff at 2 Broadway

TWU Rallies at 2 Broadway for a Fair Contract

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Content from Contract Kickoff Nov 15

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Over seven thousand TWU Local 100 transit workers took our contract demands to the street in front of MTA headquarters at 2 Broadway, projecting our key issues directly onto the facade of the building with the aid of an “illuminator.”

Local 100 President John Samuelsen addressed the large crowd, as members blasted air horns and waved signs from every division in the Union. He was introduced by TWU International President Harry Lombardo, who told the story of the recently settled TWU/SEPTA strike in Philadelphia and endorsed the Local 100 team as expert and seasoned as we go into our contract fight. Samuelsen declared that it’s time for transit workers – who toil in an extremely dangerous environment – to be fairly compensated for their work at a time when the MTA is carrying a surplus and on-the-job injuries and assaults have been increasing. Secretary-Treasurer Earl Phillips articulated the dangers we face in his speech, documenting the many fatal accidents to transit workers in the last decade. Recording Secretary LaTonya Crisp-Sauray MC’d the event, introducing all of our Vice Presidents and the other speakers, and leading the huge crowd in chants and song.

More coverage in The Chief:

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Construction Flagger Louis Gray

TWU, NTSB Investigating Louis Gray Tragedy

As we continue to mourn the on-duty death of Construction Flagger Louis Gray early last Thursday, the investigation into the events leading up to this tragic accident is ongoing.

A TWU Local 100 team of safety representatives, led by Secretary Treasurer Earl Phillips, has been working with a number of agencies, including the federal National Transportation Safety Board (NTSB) to reconstruct what happened, why it happened, and what must be done to insure that it never happens again. The Federal Transportation Administration (FTA) and the Public Transportation Safety Board (PTSB) are also participating in this important inquiry. This is the first time ever that the NTSB has taken the lead role in an investigation involving a track fatality at New York City Transit. We welcome their presence here, and our TWU safety team is working closely with their safety experts to identify deficiencies in the safety protocols.

The establishment of flagging protection is an extremely dangerous task. Once a protective work zone is established, flagging, itself, is also extremely dangerous. Several of the fatalities that Local has suffered in the past two decades were Flaggers. The issue of on track flagging protection has been addressed several times over the last 15 years. Since the 1990’s several important improvements have been made. However, this tragedy makes it obvious that there is more that must be done. While particular attention is being paid toward mitigation of the risks associated with setting out flags/lights, we will be conducting an across-the-board review of all existing flagging safety practices. We will update you on the NTSB and Local 100 investigations into this tragedy as they become available.

John Samuelsen, President, TWU Local 100

Fatal Accident to Local 100 Conductor; Another Seriously Injured

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Uploaded by twulocalonehundred on 2016-11-03.

President Samuelsen talked with members early this morning at the EMD gang quarters in Long Island City about the tragic death of Construction Flagger Louis Gray and the urgency of our contract fight. He released this statement to the membership:

It is with great sadness that I am informing you that once again our union has suffered an on track fatality. Louis Gray, a Construction Flagger was struck by a train and killed at Church Ave on the F Line. This occurred at approximately 12:09 AM today. A second Construction Flagger, Jeffrey Fleming, is injured and undergoing treatment at Methodist Hospital in Park Slope. The severity of his injuries is still being assessed. The Train Operator of the G train involved has been treated for trauma and released. These two men were working the overnight shift to put food on their table and provide for their families. Now, one is dead and the other seriously injured. I ask our Local 100 family and everyone in the city to keep them in your prayers.

TWU Local 100 pressed for, and New York City Transit agreed to institute a safety shutdown immediately after the accident. All work crews terminated maintenance and construction assignments on the trackway. The fatality occurred while two Flaggers were setting out flagging lights on a curve. Local 100 has assessed the scene and we will be engaging management on the specific dangers of that particular work assignment, and the underlying causes of this fatal accident.

Along with me, Secretary-Treasurer Earl Phillips, RTO Vice President Kia Phua, Train Operators Chair Broussard Alston, and Safety Director Paul Navarro were on site to deal with this tragedy. We are redoubling our efforts to enforce safe work practices across our system. By this time, there should be no doubt in anyone's mind that we work in perhaps the most dangerous work environment in New York. Industrial accidents will occur, but we know that through aggressive enforcement and aggressive utilization of unannounced safety inspections, we can mitigate against future tragedies.

This morning I shopgated the EMD gang quarters at Northern Boulevard in Long Island City. We held a long moment of silence for Louis Gray. I stressed that our first goal is to do our best to ensure a work environment that is safe and that allows us to return safely home to our families at the end of the day.

TWU Local 100 Mourns the Passing of Michael Conigliaro, President of TWU Local 101

The TWU family in New York City and across the country is mourning the unexpected passing of one of its ablest and most dynamic leaders, Local 101 President and International Vice President Michael Conigliaro. He was only 58 and died of a heart attack at his home on Staten Island.

TWU Local 100 President and International Executive Vice President John Samuelsen expressed his and the Local’s profound grief over Michael’s death. “Mike’s passing is an incredibly sad moment for Local 100 and the entire labor movement in New York City. He was a tremendous leader for his members in Local 101, and was like a brother to me and well loved by everyone here in Local 100. Our hearts and prayers go out to his family, and to the family of Local 101 during this trying time.”

Local 101 represents workers at National Grid and HomeServe. As President and Vice President of the Local, he steered his union through two tumultuous corporate takeovers of the venerable Brooklyn Union Gas Co., first by the Keyspan Corporation in 1998 and then by international energy conglomerate National Grid in 2006. Conigliaro skillfully resisted all efforts to marginalize the workforce, and protected their contracts and benefits against demands for major givebacks.

Mike was elected Local President in September 2012. He was previously Vice President for more than 10 years and Recording Secretary. As news of his death spread though National Grid’s facilities in Brooklyn and Queens, more than a few workers were unable to continue and walked off the sites. “That’s the kind of man we are grieving,” said Josephine Arroyo, recently retired Local 101 vice president. “He was a great father, a great grandfather and he treated his members like his own family.”

We remember Mike in a photo essay here.

Under Mike, Local 101’s membership grew from about 1,200 to 1,600 and its growth is expected into 2017. He negotiated a 5-year contract with National Grid that gave workers 13.5% raises and free dental, a major accomplishment according to Recording Secretary Joe Coscia: “He was a proud union man and he inspired others to share that pride and engagement in the labor movement.” Similarly, Mike encouraged members to participate in our Democracy by voting, and he launched a successful voter-registration drive at National Grid properties.

Local 101 Secretary Treasurer Constance Bradley said: “We all loved Mike as a Union brother and as a great leader. No one can express how deeply we will miss him.” Local 101 and Local 100 shares offices on the third floor at the union’s Brooklyn headquarters on Montague Street, and Mike was a popular figure among Local 100 officers and staff. Local 100 Vice President Tony Utano said: “Mike was incredibly generous. He brought a great energy to the union hall every day. He lifted everyone’s spirits with his infectious smile and great attitude. We are going to miss him forever.”

Conigliaro is from a strong union family with ties to labor across the city and country. His brother James Conigliaro is Executive Vice President of the International Association of Machinists. Another brother, Frank, owns a top-to-bottom union printing company, that services Local unions throughout the City. His nephew, Jimmy, is Vice President of the New York City Central Labor Council representing the Machinists. He is survived by his wife, Tina, three children, Michael Jr., Jacqueline, and Steven, four grandchildren, two sisters and six brothers.

Arrangements are as follows:

Viewing: Friday Nov. 4, 2016, from 2:00pm-7:00pm at the Martin Hughes Funeral Home, 530 Narrows Road South, Staten Island, NY 10304

Memorial Mass: Saturday, November 5, 2016, 12:00 Noon at Our Lady Star of the Sea, on 5371 Amboy Rd., Staten Island, NY 10312. Phone: 718-984-0593

In lieu of flowers, the family requests that donations be make to St. Judes Children's Hospital in Mike Conigliaro’s name.

Signal Helper Monique Brathwaite in Harlem Hospital

Transit Workers Deserve Good Raises

BY PETE DONOHUE

Monique Brathwaite, 36, a single mother, took a job working on NYC’s dangerous subway tracks to better provide for her four boys. Now, she’s lying in a hospital bed in Harlem with severe burns. Surgeons had to amputate one arm below the elbow. Brathwaite, 35, was horribly unlucky. She tripped and fell onto the electrified third rail, which carries 600 volts of electricity. But you could also say she was fortunate. She very easily could have died. Transit workers are killed on the job regularly.

For a Go Fund Me page to help Monique with her recovery, click here.

NYC Transit doesn’t suspend subway service for many of the inspection and regular repair jobs transit workers carry out every day and night. Workers have to dodge trains and keep clear of the electrified - and always present - third rail. Subway conductors, bus operators, station cleaners and other transit workers also are often targets for the criminals and lunatics out there who have equal access to the bus and subway system as the rest of us. At least 234 transit workers were killed or fatally injured on the job since 1946, many of them were struck by trains while doing maintenance or construction projects. Twelve transit workers were killed on the job over the last 15 years:

*Samuel McPhaul was electrocuted by the third rail near Grand Central Station in Manhattan in July 2001.

* Christopher Bonaparte was killed by an A train at the Liberty Ave. station in East New York, Brooklyn, in April 2002.

* Joy Anthony was killed by a No. 3 train near the 96th St.-Broadway station in Manhattan in November 2002.

* Kurien Baby was killed by an E train near the Canal Street station in Manhattan in November 2002.

* Conductor Janell Bennerson was killed when her head slammed into an ill-placed fence post at the end of the Aqueduct/N. Conduit Ave. station in Ozone Park, Queens, in January 2003.

Italian Day 2016

Flickr is almost certainly the best online photo management and sharing application in the world. Show off your favorite photos and videos to the world, securely and privately show content to your friends and family, or blog the photos and videos you take with a cameraphone.

Sopranos Actor Vincent Pastore -- whose mob nickname has taken on added heft after remarks by presidential candidate Donald Trump -- picked up the Man of the Year Award at Local 100's annual Italian Heritage celebration. Pastore, a SAG-AFTRA member who has been vocal about not taking non-union jobs, was praised by President Samuelsen as a trade unionist at the event, which also featured four other actors who appeared on The Sopranos. MOW Vice President Tony Utano, affectionately introduced by LES Chair John V. Chiarello as Local 100's own Godfather, brought his family to the dinner and proudly welcomed several hundred union members to the event. All attendees had great food catered by Clemente's, as well as the best cappucino and pastries that Brooklyn has to offer. Salut! Enjoy the slides and be sure to come back next year!