Response to Metro-North Internal Control Officer's Memo dated 2/28/2002

Attached to this synopsis is my response to the memo recently distributed on the property. The memo was utilized in a response to CDOT from Metro-North after CDOT was notified by a UTU Vice President of ACRE's compensation arrangement.

The memo was sent to an Engineer by the MTA this past June. I was provided a copy to review several weeks ago. I decided a response to the memo was necessary, specifically referencing any items relating to compensation or support available for ACRE from the MTA.

It is apparent the Internal Control Officer received material for his memo from Metro-North Labor Relations. Except for items #3 and #6, both of which clearly indicate how the MTA explains ACRE's purpose to outside agencies, any issues relevant to MTA compensation or support provided ACRE were intended to obscure the situation.

Whenever the MTA has released details of ACRE's operation to an outside agency or the State Legislature, the information is uniform regarding several aspects of this issue. The MTA does not acknowledge the Railway Labor Act, which prohibits a Rail Carrier from subsidizing a labor organization. The MTA will not publicly admit Bottalico and Doyle perform union work exclusively. Everyone on Metro-North is fully aware of Bottalico and Doyle's function for the MTA.

ACRE is attempting to portray the memo as inauthentic. Not only have I responded to the MTA regarding several items contained in the memo, but I have forwarded copies to various offices in Albany, several other unions, and the AFL-CIO. None have challenged the authenticity of the memo. The only entity that would circulate misinformation about the memo's origin is ACRE, which at the very least, should be extremely embarrassed because of the memo's content and opinions expressed by the MTA regarding ACRE's service for the agency.

                  Sincerely,

                  Art May