Aids Restoration Bid
City Barred From TWU Dues Appeal

By ARI PAUL

Transport Workers Union Local 100 inched closer to getting dues check-off reinstated when an Appellate Division panel in Brooklyn rejected the Bloomberg administration's motions to intervene or file an amicus brief opposing the union's appeal.

MICHAEL A. CARDOZO: Still pressing for role.

The union lost dues check-off as a punishment for its illegal three-day strike, which marks its second anniversary this week. Last month, Brooklyn Supreme Court Justice Bruce Balter denied the union's petition to have automatic payroll deduction reinstated with the Metropolitan Transportation Authority's conditional support, after the local's president, Roger Toussaint, affirmed in an affidavit that the union did not have the right to strike.

Bought City's Argument

The city had argued as an amicus that the union's president and executive board must promise to never go on strike again to warrant check-off restoration, a line of reasoning which Justice Balter adopted. Local 100 attorneys had argued that these demands put unconstitutional limits on its free speech.

Following the Appellate Division ruling, which was issued without elaboration, Corporation Counsel Michael A. Cardozo said in a Dec. 13 statement, "Although the court denied the city's request to intervene as a party, and denied at this time the city's application to participate as an amicus in the anticipated appeal, the court gave the city the right to renew its amicus application once the TWU files its appeal brief. Because of the city's vital interest in ensuring that the TWU comply with the dictates of the Taylor Law, we are hopeful that the city will ultimately be allowed to appear as amicus so that it may argue that the union should not be allowed to regain its check-off privileges until it has agreed that in the future it will comply with the law and not engage in an illegal strike."

Cited City's Losses

In his motion, Assistant Corporation Counsel Mordecai Newman wrote last month that Mr. Toussaint's affirmation that strikes by public-sector workers in the State of New York are not permitted under the Taylor Law was not adequate. He also stressed that even though the dues check-off issue is a legal dispute between New York City Transit and the union, the city had a direct interest because the strike caused it to suffer a loss of tax revenue and that it was responsible for "protecting the safety, health and welfare of the more than eight million people are in New York City during a strike."

He added that the city owns much of the property NYC Transit utilizes.

"It is therefore beyond doubt that the city is an interested party and defendants were required to give the city notice of this motion," Mr. Newman said.

NYC Transit and the MTA asked Justice Balter to suspend the revocation of dues check-off, giving the court the ability to reinstitute it if a strike threat were to occur.

The union is continuing its self-collection efforts and said this month that 80 percent of its members have voluntarily paid some portion of their dues since check-off was revoked June 1.