Members Denied Reimbursement
Cloud Over TWU Day Care

By ARI PAUL

New York City Transit Car Maintainer Paul Nacionales thought everything was in order. Last summer, the father of three sons took the day off from his job at the Coney Island subway car maintenance facility to fill out paperwork at Transport Workers Union Local 100's Upper West Side headquarters to gain reimbursement for day-care services from the union's Child Care Fund.

The Chief-Leader/Eirini Vourloumis 'DEPENDING ON GETTING IT': Car Maintainer Paul Nacionales has been put in a financial bind after his application was denied for Transport Workers Union Local 100 Child Care Fund benefits in September. Like other Local 100 members who expected reimbursements, the father of three has questions about how the fund is administered.

"I met all the criteria," he said. "The young lady who looked at my paperwork said it was on the money. There was nothing that conveyed that there was going to be a problem."

'Depended on Getting It'

But last September, the seven-year veteran received a chilling letter saying that he did not have enough seniority to qualify. He is now paying for day care out of his pocket with no expectation of reimbursement from the union.

"The money's got to come from somewhere," Mr. Nacionales said. "That's the name of the game. We were depending on getting it, because I never heard anyone being denied for this."

He is not alone. His co-worker, Anatoliy Kozinets, was also denied after receiving reimbursements for the last two years for his oldest daughter's day care. Signal Maintainer Weiquan Lu was also denied after he submitted his first application last year and said he was told the fund did not have enough money.

The Chief-Leader/Michael O'Kane 'CAN'T ACCOUNT FOR MONEY': Signal Maintainer Kurt Walsh claimed he has not received reimbursements he is owed from the Transport Workers Union Local 100 Child Care Fund for more than six months. He has asked for a list of members currently receiving benefits. 'The numbers don't make sense,' he said. 'It seems like nothing can be accounted for.'

They are a part of a group of transit workers asking questions about the fund's operation and not getting any answers.

Started Under '02 Pact

In the 2002 contract, Local 100 gave up a 0.5-percent wage increase in exchange for the establishment of the Child Care Fund, explained Local 100 Line Equipment and Signal Division Recording Secretary John Chiarello. The fund reimburses a percentage of costs for day care, after-school programs and summer camps to members who have been approved. Members can receive up to $200 per month, Mr. Chiarello said. The Metropolitan Transportation Authority contributes $200,000 to the Child Care Fund each month under the current wage pact.

Queens-based Signal Maintainer Kurt Walsh, who has 23 years with NYC Transit, was approved for reimbursements but said his payments have been delayed by six months. He claimed he asked the fund's office for a list of those who are receiving payments and how much seniority they have but he was denied.

"The numbers don't make sense," Mr. Walsh said. "It seems like nothing can be accounted for."

ROGER TOUSSAINT: Program under fire.

Fund Coming Up Short?

But, he said, he was told that 400 members per month were receiving payments. He calculated that if all of them received $200 per month, that would be a total of $80,000, less than half of what the MTA contributes.

"Where is the other $120,000 a month going?" he asked.

After having his own application denied and hearing complaints from more than a dozen of his members, including Mr. Walsh, Mr. Chiarello asked the fund's office for information on how much money was being distributed but was rebuffed. He said that when the fund was first established by the 2002 contract, it doled out payments on a first-come, first-served basis.

"They decided to flip the thing on its head and make new rules," he said. "There is nothing in the contract that says how this money should be given out. Everybody who is eligible should get a piece of the benefit."

Workers Suspicious

Some workers have speculated that the lack of funding is the result of nefarious behavior. The union has been without dues check-off rights since June 1, and some alleged that the fund's money was being siphoned to keep people on the union payroll. Mr. Wu insisted that the State Attorney General should investigate. Mr. Chiarello guessed that the fund had been prematurely depleted because the union had doled out more money than it should have when the program was first established.

"Because we're in a financial situation where we lost our check-off and our members are paying dues now out of pocket instead of from their paychecks, many of the members believe that there's something dirty going on," said Steven Dyn, a shop steward at the Coney Island Car Equipment facility.

Requests for an interview with Local 100 President Roger Toussaint on this issue were not answered. Requests to Local 100 spokesmen for clarification of the eligibility criteria for child-care benefits also got no response. One official at the Child Care Fund, Rodney Glenn, said he was not at liberty to speak about individuals' cases.

In a letter to Mr. Toussaint last month, Mr. Chiarello asked for a formal explanation of how child care payments were made and how one could become eligible.

"The Child Care Fund was established with funds that were given up in lieu of a raise in our last contract," he said. "That is why if a benefit is given out, it must be done fairly and evenly, and not to a select few."