Union Case to Block Elimination of Lunch Reliefs Under Final Court Review

FRIDAY, JANUARY 15, 2021 – TWU’s lawsuit to block the MTA’s planned elimination of 185 lunch relief jobs is now in the hands of NYS Supreme Court Judge Franc Perry. Judge Perry heard day-long testimony and cross examination from several witnesses for the union, including Vice President Robert Kelley, and one witness for the MTA, David Santoro, Chief Officer for Stations Environment and Operations at NYCT.

Union attorney Arthur Schwartz clearly established that the lunch relief function has been eliminated, and as a result, a total of 185 lunch relief jobs disappeared from the winter 2021 pick, which is set to go into effect on Jan. 31, 2021.  He also demonstrated through testimony by Vice President Kelley that closure of hundreds of station booths for 90 minutes every day is more than an “inconvenience” as intimated by the MTA, but a burden on the handicapped community and a potential life-threatening danger to riders in the event of an emergency requiring power to be shut off to the third rail, or the intervention of Police, Fire or EMS.

The Authority held to its position that the MTA was being forced to re-allocate its Stations manpower in the face of a Covid-induced hiring freeze, and that that allows them to get around the law. Schwartz, in his closing remarks, restated that the MTA’s unilateral action is a clear violation of the Public Authorities Law that requires a 45-day notice and public hearings before such a change is implemented.  The MTA countered that the law did not apply in this case because no one had actually lost their job.

Judge Perry adjourned the meeting at approximately 4:00pm and promised a judicious review of the case, and a prompt ruling. His ruling will occur before the January 31st start date of the new Stations pick.
We will keep you advised of any new information in this important case.