Monday, December 19, 2005

Here is a Grinch of a Moonbat

If someone were to tell me a few years ago that a transit union would be planning to strike right ar the apex of the holiday shopping season in the city of New York and that the union was led by someone who would make a third world dictator sound like a Rhondes Scholar, I would have told that person to get out of my face and quit smoking whatever it was they were smoking. Well, it looks as though hell has frozen over because at this moment, a citywide strike of the bus and subway system in NYC is a 99% certainty.

Yes, a union is made up of more than one person and in general works for the overall welfare of those who are members. At least that is the theory, but the Transport Workers Union, who represent bus and subway operators in NYC have a leadership that would make Castro, Baby Doc and Slobodan Milosevic proud Their leader Roger Toussaint fails to understand that his attempts to extort money and 'respect' from the Metropolitan Transit Authority is not going to fly. To be blunt, this will backfire in ways that none of these folks could even realize.

For example: there are those who live in outlying parts of the city whose only means of getting to work is public transit. Take that away, even for a week and guess what will happen? Can you say 'you're fired!!' because that will be the response. Sure there will be those employers who will understand, but business is business. Oh yeah, this is really going to help with the unemployment numbers of some groups that live in the city.

Also this strike/planned action is ILLEGAL under the Taylor Law. If you have never heard of it, this is the general text:

New York State Public Employees Fair Employment Act - The Taylor Law
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What Is It?

The Public Employees Fair Employment Act, commonly known as the Taylor Law, is a labor relations statute covering most public employees in New York State-- whether employed by the State, or by counties, cities, towns, villages, school districts, public authorities or certain special service districts. It became effective September 1, 1967 and was the first comprehensive labor relations law for public employees in the State, and among the first in the United States. It is the legal foundation used by GOER in its negotiations with New York State's public employee unions.

What Does It Do?

The Taylor Law:

grants public employees the right to organize and to be represented by employee organizations of their own choice;
requires public employers to negotiate and enter into agreements with public employee organizations regarding their employees' terms and conditions of employment;
establishes impasse procedures for the resolution of collective bargaining disputes;
defines and prohibits improper practices by public employers and public employee organizations;
prohibits strikes by public employees; and
establishes a state agency to administer the Law- The Public Employment Relations Board (PERB).
Administration Of The Taylor Law

The New York State Public Employment Relations Board (PERB) was created as an independent, neutral agency to administer the Taylor Law. The three member Board is appointed by the Governor, with the consent of the State Senate. The Board's major responsibility is to act as an umpire in disputes arising under the Taylor Law. Other responsibilities include: administration of the Taylor Law statewide; resolution of representation disputes; provision of impasse resolution services; adjudication of improper practice charges; designation of management/confidential employees; determination of employee organization responsibility for striking and ordering forfeiture of dues and agency fee check-off privileges; and, administration of grievance and interest arbitration panels.

Resolution of Contract Disputes

Mediation: Generally under the Taylor Law there are four impasse resolution systems, and in each system, mediation is the required first step. Either or both parties may request mediation assistance by filing a "Declaration of Impasse" with PERB's Director of Conciliation. The mediator is appointed by the Director from PERB's full-time staff or its panel of per diem mediators. The mediator acts as liaison between the parties, and seeks to effect a settlement through persuasion and compromise.



Fact-Finding: If mediation fails to resolve the impasse, then Fact-Finding is the next step. The fact-finder may attempt to resolve the dispute through further mediation. If not, or if unsuccessful in that effort, the fact-finder then holds a hearing, takes testimony of witnesses, accepts briefs from the parties, and then makes a written, nonbinding recommendation for settlement to both parties. The Fact-Finder then makes the report and recommendations public within five days of transmission of the report to the parties.



Binding Arbitration: For New York State Police units, the procedure is similar to what the law provides for local police, fire fighters, and certain transit employees. The Taylor Law provides that if the dispute is not resolved in mediation, PERB, on petition of either party, will generally refer the dispute to arbitration. Arbitration for New York State Police units is restricted to issues directly related to compensation and the decision of the arbitrator is binding on both parties.



Legislative Hearing: In those instances where arbitration is not permitted, if one or both parties does not accept the fact-finding report in its entirety, then for public employees (with the exception of public employees of educational institutions, police, fire fighters and certain transit employees) the next step is a legislative hearing. The Governor's Office of Employee Relations submits to the Legislature a copy of the fact-finding report plus the agency's own recommendations for resolving the dispute. The employee organization may submit its recommendations for settling the dispute as well. A public hearing is then conducted by the Legislature or a legislative committee to hear the positions of both sides. The Legislature usually directs both parties to resume negotiations but occasionally, the legislature will choose to impose employment terms. Such imposition may be for no more than a single fiscal year. A legislative determination cannot change the terms of an expired agreement unless the employee organization has waived its right to stand on those terms.



Conciliation: Is mediation assistance which PERB may offer, at its discretion, if an impasse continues after a fact-finding report has been issued.




[The full text can be found here ]

Need I say anymore???Outside of this: for calling the strike and acting like all commuters and city management must bow at their feet, the Transport Workers Union and their President-For-Life Toussaint are candidates for moonbat of the year.

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