October 25, 2010
Executive Board convenes to remove Secretary Treasurer Israel Rivera Jr From office, in what could be the most tainted Executive Board in the the history of any union.
Local 100 known for its election process shenanigans has suffered yet another blow under the leadership of its current President John Samuelsen, elected into office on January 1,2010 and under the microscope since his first day in office has drawn even more attention with newly released documents showing he has violated not only the TWU constitution but the confidence of 38,000 members at a time when his administration has been rocked by hundreds of layoffs and evidence many of his existing Executive Board members did not qualify for current office because they were behind on membership dues at the time of the election. With many questions about his actions and his credibility and integrity in question, John Samuelsen's Presidency at Local 100 is now over. The MTA and Jay Walder are now free to run the TWU's largest Local.
With Israel Rivera's illegal removal from office John Samuelsen is now free to continue using his TWU American Express credit card to purchase groceries. Recording Secretary Benita Johnson can also continue shopping at her local pharmacy with hers. Perhaps one day Samuelsen will surrender his TWU Credit card and stick to signing out large amounts from petty cash for those long trips overseas as John Samuelsen has done previously. With the assistance of JP Patafio and Executive Board member Tony Aiken, local 100 is flush with new money from the recent solidarity fund. We should keep a close eye on that fund. Rumor has it only 29 members have currently signed up for the highly controversial fund.
We need to be vigilant on who is chosen occupy the Treasures Office and handle the memberships checkbook.
The actions of the Executive Board now move on to the next phase. The appeal process will begin immediately as International President James Little now comes under very close scrutiny as all this comes before him and the international body.
This weeks edition ( Oct 29, 2010) of "The Chief Leader" covers much of this story and reveals names of some of the
scabs on the Local 100 Executive Board
scabs on the Local 100 Executive Board
WU Feud a Toll On Operations and Morale That’s Likely to Linger
By ARI PAUL
JOHN SAMUELSEN: Trading charges with former ally.The on-going union tribunal concerning Israel Rivera’s formal removal as secretary-treasurer of Transport Workers Union Local 100 may finish the Bronx-based Bus Operator’s 10-month stint as one of the local’s top officers, but it is unlikely to end the strife within President John Samuelsen’s administration.
The executive board started proceedings Oct. 21, after it had already suspended Mr. Rivera when Mr. Samuelsen produced e-mails earlier this month showing that he was complicit in a union staffer’s attempt to use his union position to steer vendor commissions with Xerox to Mr. Rivera’s wife. (Mr. Rivera has denied that this is true, noting that he is separated from his wife and living with a girlfriend).
The executive board started proceedings Oct. 21, after it had already suspended Mr. Rivera when Mr. Samuelsen produced e-mails earlier this month showing that he was complicit in a union staffer’s attempt to use his union position to steer vendor commissions with Xerox to Mr. Rivera’s wife. (Mr. Rivera has denied that this is true, noting that he is separated from his wife and living with a girlfriend).
Trained His Site on Critics
Mr. Rivera—if removed—figures to leave kicking and screaming, continuing to voice his dissent through the website TWUBus.com, which he had previously used as a campaign tool last year when he ran on Mr. Samuelsen’s Take Back Our Union slate. Since action was taken against him, he has posted documents showing that several board members, including Maintenance of Way Division Vice President Tony Utano, are currently behind in dues payments or were in bad standing at the time of the election, which would have made them ineligible to run. Union attorney Arthur Schwartz last week sent the owner of Mr. Rivera’s website an e-mail demanding a removal of the items on grounds that failure to do so was a breach of union confidentiality.
FACING THE MUSIC: Israel Rivera (left) enters Transport Workers Union Local 100 headquarters Oct. 21 before his executive board tribunal, which could end with his removal as the union’s secretarytreasurer. With him is Tommy Creegan, the vice chair of the union’s Power Division, who is defending him against allegations of abusing his office for financial gain.The Chief-Leader/Michel FriangBut Mr. Rivera defended the airing of union documents, and dismissed Mr. Schwartz’s argument that he had breached confidentiality.
J.P. PATAFIO: Appointment a flashpoint.“This is a big cover-up,” he said in a phone interview. “They don’t want you to know the truth.”
Mr. Rivera has only provided documents showing that a handful of executive board members are in bad standing, not nearly enough to reverse the decisions against him. But he asked, “How many more are there?”
FACING THE MUSIC: Israel Rivera (left) enters Transport Workers Union Local 100 headquarters Oct. 21 before his executive board tribunal, which could end with his removal as the union’s secretarytreasurer. With him is Tommy Creegan, the vice chair of the union’s Power Division, who is defending him against allegations of abusing his office for financial gain.The Chief-Leader/Michel FriangBut Mr. Rivera defended the airing of union documents, and dismissed Mr. Schwartz’s argument that he had breached confidentiality.
J.P. PATAFIO: Appointment a flashpoint.“This is a big cover-up,” he said in a phone interview. “They don’t want you to know the truth.”
Mr. Rivera has only provided documents showing that a handful of executive board members are in bad standing, not nearly enough to reverse the decisions against him. But he asked, “How many more are there?”
Samuelsen: Izzy Kidding?
Mr. Samuelsen said the charges against Mr. Rivera are strong, and that his attempt to paint himself as the defender of the local’s funds is laughable. In fact, he said, Mr. Rivera has used his office to acquire multiple laptops and phones, as well as other “electronic gadgetry that cost a lot of money.”
On Mr. Rivera’s site, he claimed to have stopped abusive spending on candidates for public office and tried to put a stop to wasteful spending. But Mr. Samuelsen rebutted that the secretary treasurer’s only duty concerning financial contributions is to determine whether the funds are available, not whether the amount is appropriate or if the candidate is worth endorsing.
“He wasn’t looking after our money,” Mr. Samuelsen said. “He was damaging our ability to support legislators who support us.”
While the majority of the executive board has sided with Mr. Samuelsen in the debacle, he has lost a key ally, as Power Division Vice Chair Thomas Creegan, one of his biggest supporters during the campaign against the previous administration, defended Mr. Rivera before the board. Mr. Samuelsen said of Mr. Creegan, who worked side by side with him on various union campaigns within the MOW Division, “I have nothing to say about what Creegan did. He would have to answer for the decision that he made.”
On Mr. Rivera’s site, he claimed to have stopped abusive spending on candidates for public office and tried to put a stop to wasteful spending. But Mr. Samuelsen rebutted that the secretary treasurer’s only duty concerning financial contributions is to determine whether the funds are available, not whether the amount is appropriate or if the candidate is worth endorsing.
“He wasn’t looking after our money,” Mr. Samuelsen said. “He was damaging our ability to support legislators who support us.”
While the majority of the executive board has sided with Mr. Samuelsen in the debacle, he has lost a key ally, as Power Division Vice Chair Thomas Creegan, one of his biggest supporters during the campaign against the previous administration, defended Mr. Rivera before the board. Mr. Samuelsen said of Mr. Creegan, who worked side by side with him on various union campaigns within the MOW Division, “I have nothing to say about what Creegan did. He would have to answer for the decision that he made.”
Choice to Run Fund An Igniter
The trouble with Mr. Rivera started when he began raising questions about various union expenditures, such as political contributions as well as mileage reimbursements and salaries for union staffers. But things heated up when Mr. Rivera objected to the president’s decision to appoint an organizer, J.P. Patafio, to help administer a controversial fund for laidoff transit workers. Mr. Rivera sent a threatening e-mail to Mr. Samuelsen regarding the staffer, and the administration began taking action against the secretary-treasurer.
But Mr. Rivera’s defenders say the allegations regarding the vendor commissions, threatening e-mails and airing of members’ confidential financial records are immaterial to core problems in the union, and that these charges are in retaliation for Mr. Rivera’s questioning of Mr. Samuelsen’s spending, including using a union credit card to buy groceries. He later reimbursed Local 100, Mr. Samuelsen said, claiming it is a common practice in the union, but Mr. Rivera countered that he only did so after he was caught.
But Mr. Rivera’s defenders say the allegations regarding the vendor commissions, threatening e-mails and airing of members’ confidential financial records are immaterial to core problems in the union, and that these charges are in retaliation for Mr. Rivera’s questioning of Mr. Samuelsen’s spending, including using a union credit card to buy groceries. He later reimbursed Local 100, Mr. Samuelsen said, claiming it is a common practice in the union, but Mr. Rivera countered that he only did so after he was caught.
A Volatile Personality
Those backing Mr. Samuelsen insist that Mr. Rivera’s writings and actions demonstrate an impulsive and almost manic inability to control his temper. On his website, he blasted Mr. Samuelsen for airing the union’s “laundry” in this newspaper, while simultaneously providing it with similar information and posting the articles on his site. He defended saying about Mr. Patafio and staffer Willie Rivera, “I will launch at them in the next several hours and may whatever God they believe in have mercy on their souls, I won’t . . . I hope all these fools understand the hell that’s about to befall them.” Mr. Rivera has said this was not meant to be interpreted as a physical threat, although it was enough of a concern for Mr. Patafio that he called the police.
Mr. Rivera’s judgment came into doubt among his allies even during last year’s campaign. On TWBus.com, he wrote an article accusing the incumbents of wrongdoing that also linked to a post on a virulently antiunion website.
He has vowed to take legal action against the union for financial wrongdoing and violating the union’s constitution. Mr. Creegan said that there will be more damning information emerging soon, and that the president had lost credibility because the charges against Mr. Rivera were brought to the executive board before the charges he filed against Mr. Samuelsen were heard.
“He’s done politically,” he said of the president.
Mr. Rivera’s judgment came into doubt among his allies even during last year’s campaign. On TWBus.com, he wrote an article accusing the incumbents of wrongdoing that also linked to a post on a virulently antiunion website.
He has vowed to take legal action against the union for financial wrongdoing and violating the union’s constitution. Mr. Creegan said that there will be more damning information emerging soon, and that the president had lost credibility because the charges against Mr. Rivera were brought to the executive board before the charges he filed against Mr. Samuelsen were heard.
“He’s done politically,” he said of the president.
Can They Prove Impropriety?
Mr. Creegan said that he was confident that Mr. Rivera could emerge victorious, claiming that the local can’t prove that Mr. Rivera or anyone else benefited from the union’s business with Xerox.
“We just have to keep going forward and make our case,” he said.
Mr. Samuelsen dismissed the claim that the charges against Mr. Rivera are a distraction, saying that the reason his case was heard first was that there was potential felonious behavior, while Mr. Rivera accused Mr. Samuelsen of relatively smaller internal matters, such as the right to appoint people to chair board meetings.
Regardless of how this tribunal ends, members have said that the infighting has brought down the morale of the union at a time when it has endured layoffs at New York City Transit and continues to engage in heated demonstrations against Metropolitan Transportation Authority CEO Jay Walder’s call for union concessions. While Mr. Walder has said he does not want to make any more service cuts, a Drum Major Institute report issued last week said that if the next Governor does not increase state funding to the agency it will be forced to reduce operations.
And the man heavily favored to gain the job, State Attorney General Andrew Cuomo, said in response Oct. 21, “The answer from the state is not gonna be more money, more money, more money.”
“Any time there’s something like this going on it affects the membership,” said Paul Waldon, a Local 100 member and president of the Nubian Society of black transit workers. “We don’t like to see turmoil.”
He added that the mood of the union could worsen as the squabble continues.
“Right now it’s lukewarm,” he said. “But it looks like it’s going to get hot.”
“We just have to keep going forward and make our case,” he said.
Mr. Samuelsen dismissed the claim that the charges against Mr. Rivera are a distraction, saying that the reason his case was heard first was that there was potential felonious behavior, while Mr. Rivera accused Mr. Samuelsen of relatively smaller internal matters, such as the right to appoint people to chair board meetings.
Regardless of how this tribunal ends, members have said that the infighting has brought down the morale of the union at a time when it has endured layoffs at New York City Transit and continues to engage in heated demonstrations against Metropolitan Transportation Authority CEO Jay Walder’s call for union concessions. While Mr. Walder has said he does not want to make any more service cuts, a Drum Major Institute report issued last week said that if the next Governor does not increase state funding to the agency it will be forced to reduce operations.
And the man heavily favored to gain the job, State Attorney General Andrew Cuomo, said in response Oct. 21, “The answer from the state is not gonna be more money, more money, more money.”
“Any time there’s something like this going on it affects the membership,” said Paul Waldon, a Local 100 member and president of the Nubian Society of black transit workers. “We don’t like to see turmoil.”
He added that the mood of the union could worsen as the squabble continues.
“Right now it’s lukewarm,” he said. “But it looks like it’s going to get hot.”
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