December 17, 2010
Transport Workers Union Local 100
80 West End Avenue
New York, New York 10023
Att.: President John Samuelsen
Re: September 17, 2010 Letter Grievance
Dear President Samuelsen:
Please be advised that this office represents a group ofTWUmembers who filed a grievance with
the Transport Workers Union Local 100 on September 17, 2010 with a copy of said grievance being
forwarded to President James C. Little of the International Union on said date by email. A copy of said
letter is annexed hereto.
The grievance concerns a violation of Article XVII, Section 1 of the Union Constitution and Bylaws
with regard to a $10.00 bi-weekly increase in union dues.
The Transport Workers Union Local 100, AFL-CIO, (hereinafter referred to as “TWU Local
100") Executive Board proposed “a specialdues assessment of $10.00 per pay period” to establisha fund
to pay for laid-off members continuing medical coverage. This language is found in the annexed copy of
the flyer titled “The Facts About the Solidarity Fund” distributed by the Executive Board of TWU Local
100. Pursuant to a letter agreement dated July 20, 2010 with the Elections Chair ofTWULocal100, the
AmericanArbitrationAssociation
utilizing interactive voice response and online voting.
Voting instruction packets were mailed on August 2, 2010 to 35,401 members of the Union. The
electronic voting systems were activated onAugust 2, 2010 and the votes originally had to be received by
the AAA no later thannoonon August 12, 2010. However on the date that the votes were to be received
by the AAA, the voting time was extended ten (10) hours until 10:00 p.m. on August 12, 2010.
It is my clients’ position that the activities of TWU Local 100 violated the UnionConstitution and
By-Laws due to the following actions concerning the vote and the decision to have a dues increase for the
members:
President John Samuelsen 2 December 17, 2010
A. The TWULocal100 Executive Board was aware of who had voted and how the person
voted prior to the original noon cut-off time for the vote.
B Some employees in good standing did not receive a ballot for the vote.
C. The private lines in Yonkers, New York members did not receive ballots.
D. The ballot was not secret as TWU Local 100 called members and stated that the Union
was aware that the person had not voted.
E. The Executive Board of TWU Local 100 misrepresented the Union’s Election Board’s
(hereinafter referred to as the “E-Board”) decision onthe vote by stating that the E-Board
had recommended a “yes” vote.
F. Individuals who no longer were employed by the MTA were allowed to vote.
G. The Executive Board of TWU Local 100 attempted to coerce the voters by forwarding
flyers and uttering statements that individuals who had already voted could change their
votes.
H. The deadline for the vote was extended by ten (10) hours the morning of the vote. My
clients believe that the reason for the ten (10) hour extension of time may have been due
to an insufficient number of “yes”votes having been received. The voting change emailwas
forwarded during the time of the voting on August 12, 2010. However, not all of the
potential voters have email and were therefore not notified of the extension of the voting
time.
I. Multiple PIN numbers were issued.
J. Only a few thousand individuals, a small percentage of the membership (6,621 out ofmore
than35,000), decided that the entire membership willbe forced into donating their money.
K. My clients believe that individuals laid-off in May, 2010 or individuals who were not in
good standing may have voted.
L. The Union Constitution and By-Laws may have been violated by the holding of the vote
which the Executive Board deemed to be for a “special dues assessment” inasmuch as
Article XIV, Section 14 of the Constitution and By-Laws states that “No Local Union
shall create a fund or trust, separate and distinct from the funds of the Local Union,
without the prior written approval of the International Administrative Committee,” and
Article XVII, Section 1 (c) states, inter alia, that “No member shall be required by the
provisions of paragraph (a) above topay a monthly dues rate during any one calendar year
more than Four Dollars above his/her monthly dues date [sic] in effect on December 31,
of the previous year, except to the extent that the increase above Four Dollars results from
promotional, or longevity increases, or from a step-up in a wage scale.”
President John Samuelsen 3 December 17, 2010
The additional deduction is listed as “dues” on the employee’s paycheck.
M. Upon information and belief, more than 10,000.00 individuals have executed documents
which were presented to the New York CityTransit Authoritydirecting the NYCTA not
to deduct the Solidarity Fund monies from their checks.
As of the present time, no response has been received fromLocal100 concerning the September
17, 2010 grievance filing. It is hereby requested that Local 100 forward a response to the grievance letter
to my office upon the receipt of this communication.
Very truly yours,
LLOYD SOMER
LS:th
Encl.
cc: Charles Ayala
President James C. Little, Transport Workers Union
Januar6y, 2011
TransporWt orkersU nion Local 100
80 West End Avenue
Nerv York, New York 10023
Att.: PresidenJt ohnS amuelsen
Re: Decembe1r 7,2010C orespondencaen dS eptcmbe1r 7,2010L et ter
Grievance
DearP residenSt amuelsen:
Plcascb e advisedth att hiso flrcer eprcsentas g roupo fTWU membersw ho fileda grtevance
rvitht heT ransporWl orkersU nion Local 100o n Septembe1r 7,2010w ith a copyo f saidg nevance
beingf orna rdedt o PresidenJt amesC . Little of the IntemationaUl nion on saidd ateb y cmail.
On December1 7,2 010,o ur office forwardeda lettert o your attcntion,a copy of which rs
annexedh ereto.A s of the presentt ime, no responseh as becn receivedt o this letter.U nlessa
responseis reccivedw ithin sever.(r7 ) daysf rom the dateo f this letterw e haveb eeni nstructedto
proceedrv ith filing a complaintt o rectifyt his situation.
Very truly yours,
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..,.,* -,,
LLOYD SOMER
LS:th
Encl.
cc: CharlesA yala
Januar6y, 2011
Transpofi Workers Union
501 3'dS treeNt w, 9'hF loor
WashingtonD,C 20001
Att.: PresidenJt amesC . Littlc
Re: December1 .7,2010C onespondcncaen d Septembe1r 7,2 010L ettcr
Gnevance
DearP residenLt ittle:
Pleaseb e advisedth att his officer epresentas g roupo f TWU membersrv hof ileda grieYance
with TransporWt orkersU nion Local 100o n Septembe1r7 , 2010 with a copyo f saidg rievanceb eing
fonvarded to your attention on said date by email.
On December1 7,2 010,o ur olfice forwardeda lettert o your attentiona, copy ofrvhich is
annexedh ereto.A s of the presentt ime, no responseh as beenr eceivedt o this letter.U nlessa
responseis receivedr '"'ithins even( 7) daysf rom the dateo fthis letter we haveb eeni nstructedto
procecdw ith filing a conrplaint o rectifyt his situation.
Very truly yours,
V t , r i ./-\ \i\) \ r*-*\r c...
LLOYD SOMER
LS:th
Encl.
cc: CharlesA yala
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