Late in May 2005, ARSA General Chairman John Kelly of Local 5097 agreed with Metro-North Labor Relations to initial a contract offer containing the same provisions as the ACRE deal. Local 5097, was not a member of the Metro-North Labor Coalition at the time, and Mr. Kelly fully aware of the Coalition's rejection of the ACRE agreement, and the Coalitions efforts to achieve a fair contract for it's collective membership, had informed the Coalition, prior to signing this agreement, that he would not perform such an act without first notifying the Coalition. Obviously he did not observe his verbal commitment. Mr. Kelly was subsequently removed from office by his International for improprieties during his previous election for office.

The TCU International agreed to proceed with a ratification ballot for the ACRE deal. International and Local officers informed the members of Local 5097 about the limitations and escalating costs (health and welfare co-payments, no ten year cap on 3% salary contribution) of the ACRE contract, the status of the contractual bargaining situation, and their intent to obtain a fair agreement for all Coalition members. After receiving this information, the members of Local 5097 had the information needed to cast an informed vote. The final vote tally was 69 against the ACRE deal and 3 for the ACRE deal. 96% of Local 5097 members rejected the ACRE deal.

This indicates the difference between Unions that place the best interests of its members ahead of the interests of the MTA's and an Association that continually embraces the company position before representing its members. If ACRE had considered its membership first, and promoted their deal openly and honestly, the ratification results probably would have been similar to the results received at Local 5097.