Author: admin

Congratulations are again in order for the Railway Independent Transit Union, to its board and all its members serving as Tower Operators at the Port Authority Trans Hudson (PATH) railroad. 

On August 8, 2022, the Tower Operators overwhelmingly ratified a new collective bargaining agreement. This was the first CBA since the Tower Operators elected to forego representation by the Sheet Metal, Air, Rail and Transportation Workers union (“SMART”) and, instead, join the RITU.  That occurred on July 29, 2020, a time when it had been nine years since the Tower Operators’ CBA had expired. 

In reaching this agreement RITU was able to preserve and strengthen the Tower Operators’ health and pension benefits and secure immediate increases in wages of over 30% with full retroactivity. 

Howard Wien of IDC&W served as counsel to RITU during this collective bargaining.

IDCWLaw has extensive experience challenging municipal decisions to take away economic benefits from union members without bargaining.  This month, August 2022, after extensive arguments from Mr. Castro, the New York City Office of Collective Bargaining ordered the City of New York to reimburse all affected employees for their mileage and tolls because the City unilaterally took away from union members their take-home vehicles without first negotiating with the union.  In UFADBA v. City of New York, the union initially challenged the City’s decision to take away the vehicles. And, about one year ago OCB held the City improperly took away those vehicles. However, when it came to the remedy, the City, in negotiations, believed the only individuals who were entitled to any compensation were those who actually had the vehicles, not anyone else who would have received the vehicles but for the City’s decision to take them away. They also argued that benefit ended when the contract expired. Mr. Castro refused to give up on those other employees, and took the matter back to OCB to argue the City was again wrong, this time as to who was entitled to compensation and for how long.  In August 2022, OCB agreed with all our arguments, and ordered the City to pay anyone who had or would have had the vehicles but for the City’s decision, that the City pay them for every mile they drove or will drive until the union and City come to an agreement otherwise, and to reimburse their tolls in the City.  We are thrilled that the City’s disregard for the rights of union-represented members were vindicated in this case.

IDCWLaw has extensive experience with civil service disciplinary matters, up to and including termination.  For decades we have represented civil servants in disciplinary hearings and in appeals of disciplinary decisions before the Civil Service Commission and in State Supreme Court.  Just this month, August 2022, IDCWLaw Partner Liam L. Castro, Esq. convinced a Suffolk County Supreme Court Justice to overturn the Town of Islip’s decision to terminate an employee, in McMaster v. Town of Islip.   There, after a hearing, the Town terminated the employee for excessive absenteeism.  On appeal to the Supreme Court, Mr. Castro successfully argued that the Town’s decision was excessive. He also successfully argued the Town ignored the fact that a supervisor testified other employees had similar attendance records but were not disciplined.  He explained the Town did not give the employee a fair chance at the hearing, in the end. Specifically, they initially fired the employee, after a hearing, without even providing him a copy of the disciplinary Report and Recommendation. Mr. Castro convinced the Town that was plainly improper, which resulted in the initial rescission of the termination to give the employee and Mr. Castro a chance to respond to the Report and Recommendation.  The Town even had to recuse the Department’s commissioner from the final decision because of this initial decision to terminate the employee improperly But, in the end, they fired the employee anyway. Mr. Castro argued that the Town was heavy handed and did not give the employee a fair due process hearing.  As a result, the Court ordered him reinstated and remanded the matter back to the Town for a more appropriate penalty.

Congratulations to President Mario Bucceri and the Executive Board of the United Transit Leadership Organization on their re-election by acclamation after no opposition candidates were nominated at the union nomination meeting held August 3rd.

Howard Wien provided election counsel to UTLO.

In March 2022 two union officials requested time off from their midnight shift to attend union meetings beginning during regular business hours, after 8am. The County denied that request because the union meetings did not start until after the officials’ shifts ended. We very quickly went to the Supreme Court, Ulster County and convinced a Judge to prohibit the County from denying union officials’ from using County-paid release time until the parties go to arbitration to resolve the dispute.

At arbitration, the County argued the union meetings did not start until after the officials’ shifts ended and, in any event, the contract did not require them to release union officials from their shift before the union meetings occurred. They also argued releasing the officials would impact on staffing, which is a managerial prerogative, particularly when their shifts did not occur during the Union business.

We are happy to report that, in addition to convincing a judge to prevent them, pending arbitration, from denying union release time, the arbitrator agreed with the Union and sustained the grievance. She held there was a longstanding practice consistent with the Union’s position, and rejected the County’s staffing arguments to the contrary. 

IDC&W congratulates General President Shaam Somwaru and the Board of the Railway Independent Transit Union and the union members employed by the Port Authority Trans Hudson Railroad (PATH) on the overwhelming ratification of a new collective bargaining agreement. In particular, the union is commended for successfully breaking a decade long deadlock, shoring up both the health and pension benefits and increasing salaries by over 30%.

IDC&W Partner Howard Wien served as counsel to the RITU in the negotiations with PATH.

Congratulations to Trustees Jeff Stark and Todd Helfrich and to all the participants of the Glens Fall Painters Pension Fund in securing financial security for the fund by obtaining Special Financial Assistance under the American Rescue Plan. This Fund is one of the first in the nation to receive assistance under this program.  The financial assistance will permit a fund that was in critical and declining status to pay its retirees full benefits for the duration of their retirements. The assistance reverses benefit cuts that were required when the fund was granted ordinary assistance from the Pension Benefit Guarantee Corporation during 2021.

The Glens Fall Pension Fund is a perfect example of why a program such as the SFA is necessary. Due to changing industrial trends, the local union that originally sponsored the Fund was merged by its international union with another local. As a result, contributions were no longer payable to the Fund by the vast majority of area contractors in the Fund’s industry. As contributions dried up, however, the Fund was still mandated to pay benefits that participants had accrued during their years of employment.  As these payments were made, the fund spiraled closer and closer to insolvency necessitating a PBGC loan. PBGC loans are conditioned on major reductions in benefits. This meant that participants would receive only a small fraction of what they were originally entitled to under the benefit plan. All of this was occurring without any fault by the participants or the Fund’s trustees. Special Financial Assistance prevented a very real injustice to the Fund’s participants who can now trust that their retirements are secure. 

Howard Wien served as counsel to the Fund during its transactions with the PBGC.

It is critical for us to support our military personnel.  IDCWLaw did just that.  Two Mount Vernon police officers were called to active duty to assist our nation with the government’s COVID-19 response.  While supporting our nation during the first pandemic in a century, they asked the City of Mount Vernon Police Department for military pay differential; that is the difference between their higher police officer pay and the military pay they were receiving while deployed.  They were losing income while supporting us.  But, the City of Mount Vernon said no because they were not deployed overseas, but were instead only responding to a COVID-19 national pandemic emergency.  IDCWLaw, with the assistance of the Mount Vernon PBA, sued the City and Police Department.  After the City continued to fight against these national heroes in Court, and our continued advocacy, on June 8, 2022, the Westchester County Supreme Court ordered the City to make these payments immediately.  The Court held the City was wrong.  We are thrilled for this victory for two reservists who rightly deserve our support.

We are happy to announce that today the Supreme Court, Ulster County issued against the Ulster County Sheriff’s Department and Ulster County, pending arbitration, an injunction prohibiting them from denying union officials’ from using County-paid release time.  In early March a union client requested time off for two union officials’ midnight shift (12-8) to attend union meetings beginning at about 8am.  The County argued the union meetings did not start until after the officials’ shift ended.  We convinced the judge that requiring the officials to work their shift, and then work an additional shift for union meetings was unfair at this stage; that an arbitrator would decide this case soon; and there is no meaningful remedy and arbitrator could impose after the union meetings occurred.  As a result, the County issued an injunction prohibiting the County and Sheriff’s Department, pending arbitration, from requiring them to work during a 24-hour period.

We are thrilled to announce IDCWLaw Partner Liam L. Castro’s and Nassau County Sheriff’s Correction Officers Benevolent Association Vice President Dennis Maurus’ tireless effort and advocacy resulted in a settlement with Nassau County worth over $260,000 for 86 union members, active and retired.  About one year ago, we learned the County withheld federal income taxes that it should not have. The County failed to timely request that money back from the IRS, resulting in a permanent forfeiture of that money.  Once the union and we learned of this, both Mr. Castro and Mr. Maurus contacted over 100 members to ask if we could bring an action against the County.  With almost 100 members’ consent, we filed against the County a Notice of Claim.  Later, we negotiated with the County a full 100% reimbursement of the lost tax monies.  After obtaining 86 signed settlement agreements, and pushing the County to sign it, this week the Nassau County Legislature voted to approve the settlement.