[Marxism] TWU business (forwarded from Marty Goodman)

[Louis Proyect <lnp3@xxxxxxxxx>]

(Marty Goodman is a member of Socialist Action and an old friend of mine.)


Here are two emails 1) Recent letter to Voice 2) Two Socialist Action
articles for May ? still relevant.

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Marty Goodman
731 W. 183 St.
NYC 10033

Dear Village Voice editor,

6/8/06

Some writers pretend they're bad-boy Lefties. Tom Robbins on the NY State
Democratic Party Convention (6/7/06) is a fine example. He mildly tweaks
party bosses and gives the kid-gloves to Attorney General Eliot Spitzer.

Robbins asks us to look at how Spitzer opponent Tom Suozzi and 'anti-war'
candidate Jonathan Tasini got muzzled at the convention. OK, but is this
surprising for Democrats? Hardly. Spitzer pals, Senators Hillary Clinton
and Chuck Schumer, voted for the constitution busting Patriot Act. Both
support the racist wall around Palestinian lands, a monstrous symbol of
intolerance condemned by the World Court, if not world opinion.

Did Robbins bother to put liberal icon Spitzer on the spot for this
reactionary convention? Nope. Worse, Robbins didn't even mention that
Spitzer is pro-war, pro-death penalty and very pro-Israel.

The Democrats are presenting New Yorkers with a pro-war troika of Spitzer,
Clinton and Schumer, worthy heirs to that other Texas mass-murderer,
Democrat LBJ. Robbins throws a fog over that reality.

But Robbins just won't challenge hype. Rich-kid Spitzer just bullied the
mostly African American and Latino transit union on behalf of millionaire
Pataki and his MTA thugs. Spitzer signed his third injunction against Local
100 based on the anti-labor Taylor Law (1999, 2002, and 2005). Liberal hero
Spitzer then helped Pataki send Local 100 President Roger Toussaint to the
slammer.

Contrast that to the Wall Street mega-crooks Spitzer allowed to roam free,
settling cheap on the dollar for their thievery with no admissions of guilt.

Where's the outrage Robbins?

Hype-worthy too was Robbins' February article on the contract debate within
Local 100. Here he followed Toussaint's pricey Hollywood spin-doctors.

Robbins reported that Toussaint opponents were mostly nasty right-wingers
in league with the MTA, Bloomberg, Pataki, even Bush. Never mind that
labor's biggest Toussaint boosters, i.e., the UFT's Randy Weingarten and
NYC Labor Council President Brian McLaughlin, etc., supported transit
worker enemies Bloomberg and/or Pataki.

In contrast to Robbins' misleading portrait, Local 100 'dissidents' were
mostly Lefties and independent activists who brought Toussaint to power but
recoiled over anti-democratic practices and two contract sellouts ?
including a betrayed strike.

Member, TWU Local 100 Executive Board

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Marty Goodman 5/9/06

Below are two articles about Local 100 that I wrote for the May issue of
"Socialist Action" newspaper. I hope you like them.

***************************************************

JAIL AND FINES FOR TRANSIT STRIKE BUT STILL NO CONTRACT


By MARTY GOODMAN

In a decision that will impact labor for years, the New York State Supreme
Court has found the Transport Workers Union (TWU) Local 100 guilty of
violating injunctions stemming from a two and one-half day transit strike
that shut down New York City on Dec. 20. Defying an anti-strike law, fines,
and a nationwide offensive against worker's pensions, Local 100 struck to
defend future workers against a management contract offer that would force
new hires to pay 4% more toward their pensions.

Doing the dirty work of the boss class, Judge Theodore T. Jones ruled April
10 that Local 100 President Roger Toussaint be sentenced to 10 days in jail
and fined $1000. Two other top officers were fined $1000, but received no
jail time.

On April 17, Jones fined the local $2.5 million. Compared to the $1 million
fine levied after the 11-day transit strike in 1980 the penalty is harsh.
Not content, Jones also ruled that Local 100 be hit with the
"indeterminate" loss of automatic union dues check-off, a potentially
crippling blow. The union can appeal after 90 days.

Added to the union's difficulties, it still doesn't have a new contract
despite a recent second ratification vote on a December post-strike
agreement (see accompanying article).

The injunctions were brought by the N.Y. state-run Metropolitan
Transportation Authority (MTA), led by Chairman Peter Kalikow, who is worth
hundreds of millions, and Michael Bloomberg, New York City's billionaire
Republican mayor. The injunctions, which included a fine of $1 million a
day for striking, were based on the state's infamous anti-strike Taylor
law, which prohibits strikes by public employees. The union vowed to appeal
the fines and loss of dues check-off, but not the jail sentence. Some
32,000 subway and city bus workers had already been penalized two days pay
for each day of the strike under Taylor Law provisions.

Upon hearing his sentence on April 10, Toussaint likened the strike to
"civil disobedience," evoking the civil rights struggle against racism. His
response however was a far cry from the defiant tone set by Local 100's
founding President Mike Quill, who famously told the judge to "drop dead in
your black robes" for sentencing him to jail for leading the 1966 transit
strike.

New York's boss class was eager to punish the mostly African American and
Latino transit workers for daring to rebel. The court rulings were also a
stern warning to the city's heavily unionized workforce.  Symbolic of the
ruling class's contempt for workers, Bloomberg called the strike "thuggish
behavior," language strikers viewed as racism. The Daily News
editorialized, "Throw Roger from the Train." Observers saw in the court
decisions the hand of Republican Gov. George Pataki, who is eyeing a
presidential run. Pataki called for severely punishing the union,
particularly Toussaint. Pataki also pledged to block the MTA's contract
side-agreement to refund overpayments to a pension fund made by half of
Local 100's members. Taking a hard line against the Trinidad-born Toussaint
and the mostly non-white transit workforce boosts Pataki's appeal with
right-wing, racist forces.

On April 24, after leading a dramatic protest march of some 1000 Local 100
members and supporters across the Brooklyn Bridge, Toussaint turned himself
in to prison authorities in lower Manhattan.

On the march were several politicians and union bureaucrats identified with
the Democratic Party, none of whom had actually defended the union's right
to strike during the walkout. In fact, Democratic Party leaders, The New
York Times reported, urged Toussaint to end the strike behind closed doors.

In contrast, Socialist Action's statement released April 24 said, in part,
"We say that transit workers were right to strike! Release President
Toussaint now! Jail the real criminals: Judge Jones, the MTA Board, Pataki,
Bloomberg and Attorney General Spitzer!" Toussaint was released after
serving five days, due to days off for good behavior and a law that
prohibits release on Sundays. Outside the jail, a daily picket of around
100 was maintained, mostly union staff and supporters from other unions.

The media coverage of his jail time is being used by Toussaint to build his
image as a labor leader. However, transit workers may be harder to
convince. Toussaint called off the strike without a contract and days later
announced an agreement with major concessions. Union elections are next
December.

A bipartisan attack on labor

The rulings against Local 100 say it all about capitalism's clubhouse
(in)justice system. Judge Jones was elected as the candidate of four
capitalist parties-the Democratic, Republican, Conservative, and Working
Families parties, the latter a fake labor party that usually supports
Democrats, but also some Republicans.

Representing the MTA in court was the office of N.Y. State Attorney General
Eliot Spitzer, a Democrat, who signed-off on an MTA injunction for the
third time in 2005. His party's favorite for governor next December,
Spitzer asked Jones to either jail Toussaint or to require that Toussaint
perform "community service," and urged him to "not listen to the union to
mitigate [reduce]" fines.

Spitzer built his persona as a foe of Wall Street in a series of lawsuits,
yet none resulted in jail time-apparently too harsh for corporate crooks,
but quite appropriate for labor leaders!

Recently, several Democrats called for reforming the Taylor Law, but
carefully avoided calling for ending the anti-strike provision-the heart of
the repressive law.

In fact, the Taylor law was passed by Democrats as well as Republicans
following the 1966 transit strike. December's "illegal" strike did more to
fight the Taylor law than a thousand windy press conferences called by
Democratic Party hacks!


STILL NO CONTRACT FOR LOCAL 100


As of this writing (May 2) TWU Local 100 does not yet have a new contract,
despite a second contract vote on April 18, which ratified a December
agreement. However, the union's demand that the Metropolitan Transportation
Agency (MTA) accept the contract it already negotiated was rebuffed. Until
a new contract is finalized, the old contract remains in place.

So, what happened in Local 100?

Last December, members rallied to Toussaint's militant "no givebacks"
slogan and his vows not to sell out "the unborn." The union went on strike
Dec. 20 against the MTA's attempt to make new hires pay an extra 4% toward
pensions.

Rank-and-file workers opposed pension givebacks, but they also wanted a big
raise to get ahead of inflation, health-care improvements, job security,
and dignity on the job-including discipline reform. The membership and
Toussaint clearly had different agendas.

Returning to work without a contract and the lack of real progress in the
above areas, despite a $1 billion MTA surplus, contributed greatly to
widespread anger and frustration (see the January and February issues of
Socialist Action).

Despite limited improvements in pre-Medicare retiree health benefits and a
promised refund on pension contributions, the gains negotiated last
December did not offset "givebacks," and members knew it. Members balked at
a first time 1.5% health-care deduction on gross wages, including overtime,
without a ceiling on increases. Actually, health-care givebacks in the
settlement saved the MTA some $80 million more than the pension givebacks
would have over the life of the contract.

The health benefit deduction reflected a nationwide attempt by management
to shift skyrocketing costs of health care onto the backs of workers. With
the precedent set by the TWU, Mayor Bloomberg threatened city unions with a
first-time health-care deduction in upcoming contract talks.

The agreement included a 10.5% raise over 37 months, not three years,
lagging New York's cost-of-living increases, and failed to make up for a
first-year zero raise in the 2002 MTA-Toussaint contract. Lastly, the
contract's expiration date was pushed back from a Dec. 15 pre-holiday date
to Jan. 15, a huge loss of future leverage.

On Jan. 20, the giveback contract was defeated by just seven votes. Union
"dissidents" in the Vote No Coalition, composed of leftists and other
forces, had campaigned for its defeat.

Toussaint blamed the "no" vote on "lying" and "misinformation," not his
contract givebacks. Ignoring calls for a mass membership meeting to vote on
contract strategies, Toussaint orchestrated a "grassroots movement" for a
second vote, using paid staff despite the January vote.

An intensified campaign was begun to frighten members with "binding
arbitration," initiated by the MTA in December when it declared an
"impasse" in negotiations. Binding arbitration, imposed by a "neutral"
panel of the Public Employees Relations Board, has meant giveback contracts
for unions. The process, however, usually takes many months, during which
Local 100-which officially opposes arbitration-could fight for an improved
contract while organizing to resist arbitration. Since January, nothing of
the sort happened; only demoralizing union passivity amidst MTA threats.

On March 17, at Toussaint's urging, Local 100's Executive Board approved a
second contract vote by 24 to 12. Acting TWU International President Jim
Little was on hand to urge a re-vote and membership ratification. In
December, the International told the Board that it would not support a
strike, a betrayal of historic proportions.

Also favoring ratification was Mayor Bloomberg and a number of Democratic
Party politicians, including Spitzer. Joining the giveback chorus was the
capitalist press.

Toussaint reassured the MTA that everything was still under control, and
told the press March 19 that "another strike is not in the cards. Take me
at my word."

An April 6 press conference called by the dissident Committee for a Better
Contract charged that "the MTA bullies have been joined in their fear
campaign by President Toussaint." Local 100 Vice President John Mooney
blasted Toussaint for presenting members with a "take it or leave it
contract" and violating union democracy by a second vote.

Adding to the controversy, a letter circulated April 10 by Mike Jerome,
Toussaint's Health Benefits Coordinator, accused the leadership of a
health-care cover-up and orders "not to answer questions on benefits" from
members. Jerome charged that the 1.5% health-benefit deduction was "paying
$31 million for a $13 million benefit." He asked, "Where is the money going?"

Nevertheless, overwhelmed by an expensive vote "yes" campaign-which
included a top Hollywood PR firm-the April 18 membership vote count was 71%
in favor of ratification.

Since then, Toussaint has intensified his calls for the MTA to accept the
December deal, using his high profile jail sentence to promote it. But, MTA
Chairman Kalikow declared April 26, "They have no right to push that deal,
in its exact form, down our throat," and arrogantly insisted on binding
arbitration. In response, Toussaint threatened legal action, but also
floated the possibility that MTA intransigence may provoke unauthorized job
actions, citing reported slowdowns in Brooklyn bus service. However, job
actions may spark genuine independent rank-and-file mobilization for a
contract without givebacks, which is not welcome by the MTA or Toussaint.
But that's an uphill fight. Will it happen? It's not over yet.


Marty Goodman is a transit worker and member of the Executive Board of TWU
Local 100.




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