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(l-r) Secretary-Treasurer Earl Phillips, Pres. John Samuelsen, newly appointed AVP Nelson Rivera, and Rec-Secretary LaTonya Crisp-Sauray

Nelson Rivera Named Administrative Vice President

Long-time Car Equipment activist, officer and 10-year Vice President Nelson Rivera was today unanimously elevated by the Local 100 Executive Board to the Local 100 Administrative Vice President position, to replace Angel Giboyeaux, who retired late last year.

President John Samuelsen told the Executive Board that a unified Local 100 is essential to face the coming challenges of an empowered anti-union right wing in the White House, Congress and very soon, the U.S. Supreme Court.

“Nelson and I have had our differences, but we both have the same goal, and that is a union which in a position of strength to advance and protect our membership.”

In accepting his new role as Administrative Vice President, Rivera thanked the Executive Board and Executive Committee for their unanimous support. He said that he has always been about “representing the membership to the best of my ability” in Car Equipment. He said that he looks forward to “representing all the members” in the same manner as Administrative Vice President.

Prosecution to Rest Tuesday in Pena Case

Defense Attorney Spars with Toxicologist on Defendant’s Level of Impairment

MONDAY, MARCH 20 -- Assistant District Attorney Randolph Clarke has told courtroom observers that he will rest the prosecution’s case in the murder of Bus Operator William Pena tomorrow, Tuesday, March 21. The defense is expected to make a short presentation and the case will likely to go the jury on the morning of Thursday, March 23^rd.

At today’s court hearing, Laura Miranda, the defense attorney for Domonic Whilby, who rammed his stolen truck into Brother Pena’s bus early on the morning of February 12, 2014, cross examined toxicologist William Dunn on Whilby’s level of impairment just prior to the 5:25 AM crash. Even though ADA Randoph Clarke has told the jury that intent to commit a crime need not be proven for them to convict, Miranda is sticking by her strategy of attempting to show that Whilby was not aware of his actions when his truck plowed into the M14 bus.

Miranda asked Dunn in court whether Whilby could have been asleep when his truck crashed into the bus, and Dunn agreed that it was possible. Establishing that Whilby’s blood alcohol level at the time of the crash was above .25, Dunn conceded that that level of consumption would “indicate difficulty in executing good judgment.” Queried by Miranda: “Is it fair to say that someone with that blood alcohol level would not be aware of what they were doing even when they were doing it?,” Dunn replied, “That’s a new one on me.” Miranda pressed further: “Isn’t it true that there are people [with those blood alcohol levels] who made love and didn’t remember afterwards that they made love?” Dunn answered: “I haven’t heard that one before.”

Dunn didn’t buy Miranda’s theory that, since Whilby didn’t brake as he approached the City bus which Pena was driving, that he failed to perceive the danger, saying, “I’m having trouble getting my head around the case where one vehicle is heading directly toward another and the driver is not perceiving any danger.” Making the point that performance while impaired has a lot to do with alcohol tolerance, Dunn said that a blood alcohol reading of .25 to .29 is “in the realm of what I would call problem drinkers.” He said that social drinkers don’t usually get to that level, and that, for Whilby’s blood to have registered that amount, he would have had to have had between 6 and 10 drinks before the crash. Prosecution video and testimony clearly shows him having at least that amount, if not more. Cognition on the part of an impaired person – the ability to think and reason normally – Dunn emphasized, “depends on the individual’s tolerance for alcohol.”

To Miranda’s questioning as to whether alcohol intoxication could induce a state akin to sleepwalking, Dunn said he couldn’t equate the two. He did agree that alcohol intoxication could cause a blackout – that is, amnesia. On re-direct from ADA Clarke, Dunn agreed that “amnesia is not remembering the choices you made,” not that you necessarily lacked the ability to make a choice at the time.

Clarke asked, “Does the brain still function?”

Dunn replied, “It has to.”

Clarke re-emphasized his point: “A blackout doesn’t mean that the individual didn’t want to be engaging in the actions that he did.”

Dunn agreed that this was “a fair assessment.”

ADA Clarke has indicated that the prosecution will rest their case tomorrow, and the case is likely to go to the jury Thursday.

Bus Operator William Pena

Bus Operator Gives Gripping Testimony in Pena Case

FRIDAY, March 17 -- A Bus Operator who was driving his private car to work happened to be the closest eyewitness to the tragic crash that took fellow Bus Operator William Pena’s life on February 12, 2014. Edward Barona, a 20-year NYCT veteran out of MJ Quill Depot, recounted what happened to the jury as Pena’s widow, Nancy Rodriguez, dabbed her eyes with a tissue. Barona, who stands about 6’ 2”, worked the same tour as William Pena at MJ Quill, and they sat together and joked together in the swing room. Each morning, he would wake at 4 AM and drive to work from Brooklyn, taking 14^th Street from East to West after exiting from the FDR Drive. At 5:50 AM, he told the jury, he was approaching the intersection of 14^th Street and 7^th Avenue when “I saw a box truck coming full-on on 7^th Avenue heading south. It was going real fast, with no intention of stopping. At the same time the M14 bus was crossing 7^th Avenue, going eastbound. I saw the truck going southbound against the light, full blast.”

He continued: “All I could do was hold onto the steering wheel and brake real hard. The [front of the] bus had just left the intersection when the truck came smack dead center into the bus on the driver’s side. When it hit the bus, it was still going like the driver was still pushing on the gas. The tires were making a screeching sound. It took the bus and pushed it and both vehicles went into the side of the building.

Signal Maintainer Jimmy Tan celebrates ten years in Transit with good friends and TWU Local 100

A festive dinner marked Brother Tan's ten year anniversary with NYCT. Mr. Tan is the lead committee member of the Union's Autumn Festival. Pictured with rank and file members is MOW VP Tony Utano and LES Division Chair John V. Chiarello.

Snowfighting March 14, 2017

On March 14, the snowmageddon that was supposed to immobilize New York sparked a mobilization throughout the transit system, as CTA’s geared up for a long night to ensure that platforms and stairs were clear for straphangers, Bus Operators wintered in quarters waiting for the word on which lines would be running, and work train operators and signal maintainers toiled in the yards to clear switches and de-ice tracks. All went smoothly, as our members came through with flying colors – as usual.

Contract Raises Coming in April

Sisters and Brothers,

Now that the contract has been fully ratified by the TWU 100 membership and the MTA Board, we are meeting with the MTA to make sure it is properly implemented. Some major items are already in place. For example, the improvements to the dental coverage took effect on March 1st. The improvements in the sick leave cash-out will take effect on May 1, 2017.

Some other changes will be in effect soon. The MTA has agreed that contractual raises will be reflected in checks received on April 19 (OA) and April 20 (TA). MTA Bus members, whose pay day is being changed to coincide with the TA pay day, will receive their check the same week. Retro money will be issued in a separate check soon thereafter.

We are finalizing the details on when and how members residing in NYC can apply for the Commutation Pass on LIRR or Metro-North. We expect to have those matters settled shortly. Then, over the coming weeks and months, we'll be meeting with the MTA to agree on the new work shoes and boots that will become available in 2018 and how you will be able to get them. In each department the officers are meeting with their counterparts at the MTA to put in place any changes in AVAs, picks or other matters that were settled in the departmental agreements. Additionally, we are preparing for the implementation of the significant improvements the union won in the MTA Bus section of the contract.

For the first time ever there is a unified contract which includes sections for NYC Transit, MaBSTOA and MTA Bus all under one master agreement. Ultimately, this will result in a new TWU Local 100/MTA collective bargaining agreement book. Never again will the contract for MaBSTOA and NYC Transit be settled without MTA Bus. We will keep you informed as these dates and procedures are finalized.

Question of Intent Hangs Over Pena Trial

After the first week of an expected four week trial, the question of whether defendant Domonic Whilby was in his right mind when he slammed into William Pena’s M14 bus after a night of partying will be decisive.

Defense Attorney Laura Miranda is trying to make a case that her client, who had a blood alcohol level of .28 an hour after the fatal collision, was too far gone to have the ability to consent to his blood test – not to mention the wherewithal to realize what he was doing when he pulled a stolen 9-ton truck out into traffic and ran a red light at 14th and 7th, killing Bus Operator William Pena. Prosecutor Randolph Clarke, assisted by ADA Atalanta Mihas, has been painstakingly building a different picture of Whilby, who had been partying at a celebrity-studded restaurant and then at an exclusive club before he got ejected by bouncers and found himself without wheels.

In carefully presented witness testimony from security guards and doormen who interacted with the defendant, as well as videos showing him stealing the truck, Clarke is laying the foundation for what Mihas, in the prosecution’s opening statement, called Whilby’s “quick and logical decisions” that ultimately led to Pena’s death. “[Domonic Whilby] was hell-bent and determined,” she told the 16 jurors and alternates, “to go into that loading dock and take the truck, a truck that weighed nine tons. He was intoxicated but his conduct was purposeful, goal-oriented, and it reflected his decisions.” Ms. Mihas told the jury that no finding of intent was required to find Whilby guilty of the charges, just that he caused the crimes that were committed. “It wasn’t that he wanted to kill, but that he created a grave risk of death. When you drink alcohol, you lose your inhibitions. Alcohol is the reason why you make bad decisions. Not that you don’t want to make them. He had the ability and the awareness, the will and the wherewithal to correct all of them.”

William Pena’s wife, Nancy Rodriguez, has been in the front row of the courtroom for each day of the trial, often accompanied by family members as well as their daughter, Gabrielle. Local 100 members have also made their presence felt. We’re hoping for an increasing turnout as the trial proceeds.

Rec-Sec LaTonya Crisp-Sauray Honored by CWA 1180

On the occasion of International Women's Day, our own Recording Secretary, LaTonya Crisp-Sauray, was honored by being named to give the keynote address to the Women's Committee of Communications Workers of America (CWA) Local 1180. Local 1180 represents about 8,000 workers in various New York City municpal titles. Thanks for the recognition!

TWU's Black History Celebration in Pictures

At Harlem's famed Alhambra Ballroom on February 24, we celebrated Black History month. Enjoy the photos of our great event!