TWU Arbitration Hearings Begin Amid Protest; Union Charges PERB Rulings Are Biased In MTA's Favor

By GINGER ADAMS OTIS

The Public Employment Relations Board has granted a request from the Metropolitan Transportation Authority to have upcoming scope of bargaining hearings "expedited and consolidated" over the objections of Transport Workers' Union Local 100.

The news came as both parties were preparing for the Aug. 4 start of their contract arbitration, which the union has been unable to avoid despite filing a lawsuit in Brooklyn State Supreme Court and a claim with PERB seeking a declaratory judgment that the terms of the deal reached with the MTA last December are still valid.

Shifting Positions

Local 100 members rejected that contract by seven votes in January, but subsequently approved it by an overwhelming margin in April. MTA Chairman Peter S. Kalikow had reversed position by then, however, and refused to ratify the deal.

The contract's fate has been in limbo since. The union's leadership waged a fruitless public campaign - including pickets at MTA board members' homes - in an effort to force the issue, while Mr. Kalikow steadfastly ignored calls for resolution from other labor groups, citizens' advocacy organizations, and some elected officials.

Under the stalled contract, transit workers would get wage increases of 3, 4 and 3.5 percent over three years, and certain employees who previously made higher contributions to their pension plans would get one-time, individual refunds that could amount to as much as $14,000. Employees would also be required to pay 1.5 percent of their annual gross earnings toward their health-care coverage.

Other Gains in Deal

The MTA also promised workers an additional paid holiday, agreed to bring in an independent authority to evaluate the disciplinary system that union members characterize as overly punitive, doubled its line-of-duty death benefits and offered a maternity-leave stipend for pregnant employees.

The MTA could expect to make about $110 million in pension refund payments, but would get back at least $25 million annually in worker contributions to health care.

Ultimately, said Local 100 President Roger Toussaint, the blame for the stalled contract falls on Governor Pataki. Mr. Toussaint suggested that Mr. Pataki's political aspirations led him to take an unreasonable stance in an effort to raise his national profile.

Mr. Toussaint was further convinced that the arbitration proceedings were tainted after PERB's recent actions, particularly its decision to hold arbitration hearings before it's been decided which issues are outside the scope of bargaining.

"The level of interference is disturbing to say the least," he stated in a July 25 interview. The union filed its pre-arbitration briefs three days later.

Although it's uncommon to hold scope hearings that determine which subjects can and can't be considered by the arbitration panel after that panel has begun its hearings, PERB has done it at least once before - with the Triborough Bridge and Tunnel Authority, another MTA subsidiary.

PBA Precedent

PERB has also previously expedited arbitration hearings despite one side's objection, most notably in 2002 when the city wanted a quick decision in its dealings with the Patrolmen's Benevolent Association.

The letter from PERB Assistant Counsel Deborah Sabin informing union and agency lawyers of the decision didn't cite any past precedents, however.

It simply stated that "The Board hereby directs that a hearing be held before Philip Maier, Regional Director, at a date(s) to be set by Judge Maier ... Such hearing shall be concluded no later than August 25, 2006, at which time the full record shall be immediately transmitted to the Board for decision."

Mr. Maier declined to comment. As of press time, calls to PERB Executive Director Jeff Edgar hadn't been returned.