The information contained in this outline has not been available to ACRE members through conventional ACRE correspondence.

Recent contract settlements on Commuter Railroads:

1. In the late fall of 2002, the U.T.U. represented conductors on Path settled their contract that included an 18% wage increase in the 6 year deal. The agreement maintained status quo for health and welfare benefits and full retroactive wages.

2. In May of 2003 the U.T.U. signed an implementation agreement with the Massachusetts Bay Commuter Railroad Company (MBCRC). The deal included a 20% wage increase over five years beginning on 7/1/03, the date of MBCRC’s assumption of operations from the MBTA. The previous wage scale was honored, a cost of living adjustment (COLA) of 59 cents per hour, included in the MBTA agreement and payable on 6/30/03, rolled over into the basic rate of pay on 7/1/03. Also included was a one thousand dollar lump sum implementation incentive adjustment, a COLA to be implemented at the end of the five year agreement, and status quo for health and welfare benefits. This agreement was achieved through the negotiating efforts of a UTU, BLE, and TWU coalition.

3. In the early summer of 2003, New Jersey Transit’s UTU represented Conductors and Trainmen signed a three year deal that included a 10% wage increase, a status quo of health and welfare benefits, and full retroactive wages.

4. The December 5, 2003 ratification results for the Long Island Railroad’s UTU represented Conductors and Trainmen was 1,683 in favor and 94 opposed. This contract included the Tier IV defined pension benefit for post 1988 members. The contractual bargaining priority for the UTU committee was to obtain this benefit. The mandate was the result of a request from a majority of the membership. Members with seniority prior to 1/1/88 already enjoyed a different type of defined pension benefit in addition to Railroad Retirement.

5. The wage increase and lump sum payment to LIRR received are the same the TWU Local 100 settled for in December 2002. Both the TWU and UTU did receive something of value for the 0% raise in the first year. According to an 11/7/03 article in the Chief, TWU Local 100 received a $380,000,000 contribution from the MTA to assist in the management of the Union’s predominantly self administered health and welfare, benefit plan.

Legislation:

1. ACRE has not mentioned Bill A8655, introduced in the N.Y. State Assembly, or the companion version, introduced in the State Senate, S5376. This is a crew consist bill for all passenger revenue trains operating outside the confines of New York City. If passed into law, this bill would require a minimum train crew of one conductor and one trainman. Both versions of the Bill were introduced through the efforts of N.Y. State UTU State Legislative Director Sam Nasca.

2. Almost every ACRE newsletter issued since the passage of the Assault Bill mentions ACRE’s participation in the eventual passage of the Bill. The Assault Bill had languished in various forms for approximately twenty years. ACRE did request to have the Bill reintroduced to include coverage for train and engine employees in commuter service. After the Bill was introduced in the current format, TWU Local 100 launched a massive lobbying campaign to ensure the Bill’s passage. The headline on the front page of the 10/11/02 issue of the Chief stated “Driver Assault Law a Victory for the TWU”. It would be safe to assume that TWU 100, with 38,000 members and possessing an extensive lobbying capacity in New York State, provided, at the least, a modicum of assistance towards the Bill’s final passage.

3. Bill A9149 was introduced this past June in the N.Y. State Assembly. The Bill’s intent is to deny the MTA the ability to compensate ACRE officers for performing union work exclusively. The Bill will go beyond the language included in the Omnibus which prevents the MTA from compensating ACRE officers from Federal Funds. That Bill was signed 2/21/03 by President Bush. Bill A9149 will deny the MTA access to State, Federal, and Fare Box Funds to compensate ACRE officers.

4. During the establishment of a PAC Fund, ACRE neglected to inform their membership that neither ACRE or any of its officers are registered lobbyists in N.Y. State. This situation was still in effect on 12/22/03. Until registered, the PAC Fund cannot have more than a cumulative total of $2,000 per calendar year dispensed for lobbying efforts. ACRE could hire a lobbyist, or become registered. Once the existence of a PAC Fund is officially reported, strict accounting procedures could be implemented for the Fund’s contents by several outside agencies.

Compensation for ACRE’s Primary Officers:

ACRE has not revealed the exact salary and compensation structure provided the organization’s primary officers. For purposes of comparison, we’ll quickly review compensation received by several prominent labor leaders in our area:

Dennis Rivera, President of SEIU Local 1199, with 220,000 members statewide, received a salary of $110,000 in 2001. Roger Toussaint, President of TWU Local 100, with 38,000 members, received a salary of $85,000 in 2002. He also has the use of a leased SUV. All health and welfare benefits, pensions, and etc., are provided to both officers by their respective memberships.

In contrast, Tony Bottalico, with approximately 775 members, received in the neighborhood of $90,000 in salary plus additional benefits from Metro North. He also collects $67,000 per year from ACRE for performing the same union work. Mike Doyle with 350 or so members, receives approximately $100-105,000 in salary from Metro North plus additional benefits. He received $45,000 in salary and expenses from ACRE in 2002 for performing the same union work. This type of salary structure is also referred to as double dipping.