Court Case Update

court-decision1Dear members,

Please forgive the lack of information for the past few weeks in regards to our contract arbitration. Until we had clear and concrete information, we felt it was not in our best interest or yours to post inconsistent or unconfirmed facts.

Although we have employed patience and a commitment to resolve this issue with the MBTA and their representatives, our good-faith efforts have only been met with false promises and half-truths. We were given assurances by the parties involved that they were committed to putting to rest this fool’s errand of an appeal and move onto the next contract. None of these assurances have been realized.

Make no mistake; we understand and share your frustration with this whole situation. We recognize your desire to exercise your rights as union members to make your feelings and voices heard. We do not disagree, but we must all be careful of the choices we make and actions we take. Kneejerk reactions to highly charged matters can sometimes lead to bad choices and negative repercussions, which can have long lasting effects. This does not mean, however, that we are going to sit idly by while our collective bargaining rights are challenged and attacked.

Today, we met with the MBTA’s General Manager, the General Counsel, the Director of Labor Relations, and the Assistant Secretary of Transportation to discuss the Garraty Award. It appears that the MBTA is trying to strong arm us and leverage this current award to help facilitate a resolution to the next contract. Our answer to them was a clear and resounding NO! We will not allow you to hold this award hostage to settle any outstanding issues or impending contract matters!

Our counsel as well as the entire executive board was informed about today’s meeting. We have another meeting with the MBTA on Monday, which they requested. They informed us that they were going to speak to the secretary and the governor regarding today’s meeting and let them know of our refusal to bend or comply with their request for a partial award implementation. It is our hope that they will see this executive board and our Union as a strong determined group who will not be bullied or goaded into a deal that is not in the best interests of our members. Furthermore, we hope they will finally adhere to and comply with the court order and implement the Garraty Award.

Over the next few days, we ask for your patience and indulgence. We understand that is a lot to ask since you have already been waiting too long for something that is rightfully yours. Rest assured that we will exhaust all options available to us to bring this matter to an end. We will also explore avenues not yet taken in response to the MBTA, the General Manager, the Secretary of Transportation, and the Governor’s callous disregard for the collective bargaining process and those hard-earned benefits and economics we were granted under the arbitrator’s decision. We hope that all our members – old and new – will rally behind those decisions and join us in solidarity when that time comes.

In Solidarity

Executive Board
Boston Carmen’s Union

Permanent link to this article: https://carmensunion589.org/2014/01/court-case-update/

38 comments

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    • John Lannigan on January 24, 2014 at 4:42 pm

    “When You Can’t Make Them See The Light, Make Them Feel The Heat” Ronald Reagan.

    • billhub01 on January 24, 2014 at 2:45 pm

    The company wants us to get mad at the union to force infighting we can not give in to that. We need to stay strong and let the E- Board fight for us in court. But as some of you said it best and I agree do everything by the rule book they gave us slow it down to make our point heard. We need to all be on the same page come Tuesday morning if they will not sign the contract for us Monday.I would like to see all our union reps out on all there areas come Tuesday if this is not resolved Monday getting all of us to slow down play by the rules and see what will happen then. A strike is a bad idea at this time just cause it will turn the public to the company’s side. Dr Scott needs to show her boss that the front line employees are what makes this company run and run smooth. I hope she will show that come Monday. To all my 589 Bothers and Sister we need to stick together from Heavy rail,Bus,Car houses,Light Rail ,CSA we will win the fight for what we deserve.

    • RETIRED on January 24, 2014 at 1:46 pm

    Is the union ready to come down from cloud nine yet, and protect what is rightfully ours. In my opinion this is a union job and shouldn’t have went one day without a contract. Remember this is the second time this has happened. Ibelieve their objective is to try and lower the percentage on what they would have to pay on the retro. If that is true and the union allows this then they weren’t really for the drivers to begin with. Glad I left when I had the chance to. Because the union and the T are all FAKE……

    • Don on January 24, 2014 at 12:30 pm

    And yet the T E-Board want and have started their OWN union so they can give themselves raises and then just say through the PR mouthpieces we have to abide by contracts so we have to give the appointed executives raises………….Everyone bid on this job

    Superintendent Of Quality Assurance
    Posting Date: 01/13/14
    Deadline Date: 01/28/14
    Position Number: 14-14119
    Union Affiliation: Transportation Executives Union (TEA)
    Salary: $67,950.00 (Minimum) – $95,430.00 (Maximum) Per Annum
    Department: Railroad Operations-Mechanical
    Apply Online | Print Application

    The MBTA has recently recognized the Transportation Executives Union (TEA) as the exclusive bargaining agent for this position, and a number of other positions which were formerly unaffiliated positions on the Authority’s executive payroll. Please be advised that any information contained in this posting, including salary range, is tentatively based on the former, unaffiliated, executive status of the position. The wages, benefits, terms and conditions of employment are now subject to the collective bargaining process and may be changed. Candidates for this position will be informed of any such changes as they occur.

    • T-bag on January 24, 2014 at 11:57 am

    “Train people do what you do to slow it down.”
    Just like you, if we follow the rules to a “T” the entire system will be brought to a crawl, every run will be late, they will not have enough trains to fill the schedule and they will get the message.

    The MBTA has done everything it can to kill any enthusiasm that I ever had for my job with this crap and so many other things they have done to only hurt me and many others.

    It is hard to believe the things they do. Unless you worked here you would never understand the nasty attitude and vindictive management here. What is wrong with these people?

    I just work my shift and collect my check. I used to really care but not anymore.

    • Chris Stevens on January 24, 2014 at 11:14 am

    This is confusing ! How much has the MBTA spent on legal costs and if money is so tight why are so many job posted ? Also, doesn’t the MBTA owe the Retirement Fund over $100 million based on that report that was mailed out by the firm.
    Whe does it end ?

    • Slopeside on January 24, 2014 at 9:33 am

    It’s very clear that management don’t care about our needs. They have shown that for years. So we can’t fool ourselves and think they will ever care. The only concerns management has is their salaries and the public. They don’t value our lives or our families. The only thing we are suppose to do is operate the raggedy equipment and be glad they throw us a few bones here and there. The union….. Let me not even go there!!!! I agree with Jason, we have more power than those that have never even touched a farebox or driven a bus, trolley or train. WE could shut the entire system down but it only works if EVERYBODY is on the same page. But we all know that’s not the case. Sad we are just badge numbers first and human ummm let me see somewhere down after the passengers come first then the equipment then maybe around ahh uniforms umm routes then we come in. I say Just do the work we are given nothing more nothing less. Jerks are jerks 365 days of the year so we can’t expect The jerks (management) to change there dispositions. Yeah they SUCK!!!!

    • P!ssedOff on January 24, 2014 at 9:28 am

    Obvious the union doesn’t want to hear full opinions. My comments were edited heavily. What a joke union.

  1. Thank u again for the updates it is obvious that they do not want to give us the raise and retro but want people to go to work every day be strong and hopefully we will hear some good news next week.

    • geefran on January 24, 2014 at 12:23 am

    What is meant by ” their request for a partial award implementation….”?
    What does the partial award implementation consist of, please?

    • Jason Newhall on January 24, 2014 at 12:10 am

    There is work to do before we strike, much work. Next union meeting. WE CANNOT go down like the school bus strike; just not show up and the leave the public in the cold.
    First the groundwork must be laid. Your first instincts are to blue flu or pop parking breaks and its because your pride has been shot to hell. You’ve forgotten who you are. We need to champion our cause proudly before we’ll see this raise.
    Luckily for all sides it is cold out. But spring is right around the corner. Warm beautiful spring and plently of time to engage the public, not with dropped leaflets like we’re distributing The Weekly Dig. With signs that declare HONOR THE CONTRACT – WE DID. The company will wish their safe court date in July was upon us by the end of it.
    Our union has an unusual meeting this Monday with the governor. I will pray for Jimmy O’Brian this Sunday that God will bless him in this just and righteous cause. We’ve got his back. And he’ll see ALL of us next month.
    We’ve got work to do.

    • misled on January 23, 2014 at 11:27 pm

    Time to STRIKE

    • john farmer on January 23, 2014 at 10:28 pm

    stay strong dont bend dont break lets challenge them to a full contact hockey game after this is over. just for fun!!!! no hard feelings a fund raiser for next contract!!!!!

    • john henson on January 23, 2014 at 9:58 pm

    we are essential employees and are expected to be at work regardless of weather conditions yet when we win arbitration then in court we don’t get paid I think it is time for our union to sue for frivolous lawsuit were as we would be entitled to triple damages also it is time for the union to take the money(union due increase)and use it for what we were told it would be used for and that is fight the T in the newspapers tv radio let the public know how unfair we are treated

    • public servant on January 23, 2014 at 9:30 pm

    Keep the people on your side, continue do your best as promised. It is plain to see that a governor, and transportation management has nothing lose, because they on their way out the door and they know it. you already have your contract under court order. keep the people on your side, don’t leave women,children eldery and disabled out in single digit temperatures. they want to do just that, so they can get the public on their side. be patient, you’ve their hoping you don’t see that.

    • j cat on January 23, 2014 at 9:22 pm

    I disagree with the union leadership with continued talks to the MBTA about this award. the award is legal and the judge has ruled period…….

    any talks in some closed meeting is just to make these union officers special deals so they will screw us over . Stop talking to the management and lets continue with the legal court system. sure it will take some time but we loose nothing , because the award is upheld and solid legally.

    this contract is NOT settled/signed there fore no talks on any future contract.

    SCOTUS is going to rule very soon on OBAMA illegally appointing the NLRB.

    this will result in the decision made about our bargaining rights being invalid. the union will have to go again to the NLRB to get another decision on our rights and how the state passed a law banning our negotiating on heath care coverage ,this will remove any federal grant funding for the transit system, if we do not get our contract approved. they give us no contract they get no federal money for the transit system.

    • Finish strong on January 23, 2014 at 8:48 pm

    Before anyone does anything stupid. Realize the public will not remember who started this but who finished it. I want what is coming to me just as bad as all of you but I want to do it the smart way. We need the public behind us as opposed to against us as that is what the gov and management want.

    They would love to just use the media to slam us. Let’s get the public behind us by being courteous and professional. Remember back in the Weld days, it was the public that helped ensure our jobs remained ours.

    Stay strong and we will prevail.

    • Dianne on January 23, 2014 at 8:47 pm

    Give us out money and it’s been 4 treats too long as it us !!!

    • Jason Scales on January 23, 2014 at 8:10 pm

    Seriously. If management pisses in our coffee again on Monday, we as a whole must send a message. Not from our E-Board or lawyers, from us the workers! Enough is enough! Tuesday January 28th. Be loud. No more silence from the people in the trenches doing the dirty work.
    I don’t know how the trains operate but as a bus drivers we have to slow down the commutes, both morning and night. Follow all proper procedures, 10 minute circle check, starting at your report time not a minute earlier. Don’t take a bus out without a horn, working wipers, headlights, farebox, etc. Parking brake for every service stop, don’t move until everyone has paid and is sitting, collect all fares, tie up inspectors & T police with “fare evaders”, don’t do OT, don’t do shifts. Cover & coast, if the light is going to turn, stop. Let every pedestrian cross, turning car turn. One day, every operator, SEND A MESSAGE. We are done getting dicked around. Respect us as employees. We work hard, acknowledge it.
    Train people do what you do to slow it down. We have to stick together. 4 years without a contract is absurd! Unacceptable! And a complete kick in the groin from management. We are beyond done with this whole process, let Patrick, Davey, Scott and all other empty suits know we will be heard!

    • Richard Hanna on January 23, 2014 at 7:52 pm

    Please keep fighting for what we deserve a y cut backs on my retirement benifits Will cause .e a d my family in serious trouble and even the. new insurance problems already are taking its toll on my moneym PLEASE KEEP FIGHTING FOR WHAT WE DESERVE PLEASE DON’T GIVE UP. RICHARD V HANNA. (66647) my number when I was working. THANK YOU KEEP UP THE GOOD WORK

    • TankBoy on January 23, 2014 at 7:36 pm

    Time Comes??? TIME Comes!!! TIME Comes LOL like next year???? LOL im just going to sit back and watch this award sink like the titanic.

    • TankBoy on January 23, 2014 at 7:30 pm

    Ah Fk this BS

    • P!ssedOff on January 23, 2014 at 7:18 pm

    Again we are just sitting back. The award went through in August…other unions have settled and signed yet ours keeps saying “we will fight we will do nothing we won’t go to the news or deval or anyone!” Protest everything deval does… while he’s taking a sh!t be out his window with signs!

    • Keith on January 23, 2014 at 7:16 pm

    Avenues not yet taken???. So not only does the MBTA appeal, (they do have that right). But now they fill us with false hopes, and half truths just to string us along only to let us down as usual….. Break our spirit, and make us feel even more unappreciated……. We all know we are just a nember at the T. They have no disregard or concern for their employees and employees families, nor our well being or health. They say they are so broke. I dont read in the paper or see in the news that anybody in an office at 10 Park Plaza are taking a pay cut, or not getting a cost of living raise to help the company and their supposive financial woes………….

    • Truth fighter on January 23, 2014 at 6:19 pm

    The update was very helpful. It is only fair to assume the union will be forth coming as these meetings continue. Keeping its paying members informed of this disaster as it unfolds. We as members are expected to be professional as we have demonstrated. The Mbta clearly is impartial on our welfare and economic health. They agreed to “binding arbitration” the ruling was not in their favor now they don’t want to hold their end of the deal. After this meeting I anticipate their will be a legal game plan in order with a deadline of compliance. Its vital we show business is business. Lets go 589!!

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