TRANSPORT WORKERS UNION OF AMERICA, AFL …€¦ · Maslanka, International Administrative Vice President Jerome Lafragola and Railroad Division Director John Feltz, as well as International

TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO UNITED INVINCIBLE WINTER 2017 VOL. 69 NO. 4

@transportworker @transportworker /transportworkersunion /transportworker

UNITED UNSTOPPABLE

Samuelsen Slate Sweeps the Convention

and Hits the Ground Running

2 TWU Express Winter 2017

“The TWU is now built to perform strategic research, innovative face-to-face organizing, and some of the best digital targeting the labor movement has seen. ”

The beginning of my first full term as the TWU’s International President has been marked with emotion: in handing over the reins of Local 100 to President Utano, I began to close a chapter in my life of which I am immensely proud, and for which I am incredibly grateful. I wouldn’t be the person – or the leader – I am today without my experiences as a Trackworker, a shop steward, a Division Chair, and a Local President.

I move forward embracing the responsibility of leading this great union into what will be the most important years our organization has faced. We all know of the challenges that lie ahead: Supreme Court cases that threaten our very existence; union busting bosses and hyper greedy CEOs; and local, state and federal legislation aimed at destroying our livelihoods. But to me, each of these presents us with an opportunity to build this union into something stronger than it has ever been before. Stronger in terms of empowered local unions, in terms or our organizing capabilities, and in terms of having the audacity to challenge and fightback against the powers that be.

At the convention we laid out an ambitious agenda, and I intend to deliver on it. In fact, you’ll see in this issue that we’ve already begun putting plans into action on several of the resolutions. Just five weeks out from the convention we secured a historic agreement for Allegiant Air’s flight attendants (see story on page 28), and we turned out a tremendous level of support for Local 252 in their strike against Baumann and Sons bus company on Long Island (see story on page 6). Along with Local 208, we have already launched a campaign to defend our bus operator and mechanic jobs in Columbus, Ohio, and we’ve begun working with Local 291’s leadership to design a strategy to fend off the attacks against us in Miami.

We’ve also made good on Resolution 1, “Continuing the Fight for Fair and Respectable Contracts for Envoy Workers” by working with our Envoy Air locals to design and implement a membership survey as we begin preparations for their upcoming contract fight. We are already discussing what a strategic contract campaign against Envoy will look like as we fight for equity for members employed there. And we have even more plans in the works. Our success at Allegiant, our continued fightback efforts at Southwest (see story on page 12), and our ongoing vigorous campaign against American Airlines will lead to more and more new workers reaching out to join our union family. We have just have filed with the National Mediation Board for TWU representation of JetBlue flight attendants, and are forming rank and file organizing committees with several other airline and transit work groups in cities throughout North America.

We have the resources, the know-how, and most importantly the backbone and desire to win these fights. The TWU is now engaged in some of the most tactically advanced strategic organizing and fightback campaigns in the American labor movement.

No leadership of a union will ever be considered perfect, but one thing I will assure our members: we will aggressively fight to defend you, and we will take on those entities that endanger our livelihoods. We will never stand idly by while our members are in harm’s way.

When you fight back you won’t always win, but if you don’t fight back you’re guaranteed to lose.

John SamuelsenInternational President

Building A Better TWU

Follow TWU on Twitter for the latest news and information from your union.

@transportworker

OFFICIAL PUBLICATION OF THE TRANSPORT WORKERS UNION OF AMERICA, AFL-CIOPublished by the Transport Workers Union of America — ISSN 0039-8659 501 3rd Street, NW, 9th Floor, Washington, DC 20001 Phone: (202) 719-3900 • www.twu.orgAnnual subscription price $2.00 per year. Oriana Korin, Communications Director.Postmaster: Send address changes to TWU EXPRESS, 501 3rd Street, NW, 9th Floor, Washington, DC 20001

PAGE 2: Message from President John Samuelsen

PAGE 5: Campaign Unit Organizes Initial Janus Workshop to Plan Fightback Strategy

PAGE 6: Local 252 Goes On Strike and Wins a New Contract

PAGE 8: What Driverless Buses Could Mean for Local 208

PAGE 9: TWU Says “NO” to a New York Constitutional Convention

PAGE 10: Legislative Updates

PAGE 12: New York Station Agent Buy Back Bill Signed into Law, Local 555 and TWU International Launch Fightback Trainings for Southwest Airlines Members

PAGE 13: Now Boarding: TWU at JetBlue, TWU Reaches Tentative Agreement in National Freight Railroad Negotiations

PAGE 14: Convention Honors United Invincible Legacy, Looks Forward to Powerful Future

PAGE 18: TWU Bands Together for Hurricane Relief

PAGE 20: American Airlines: Keep Your Jobs in America

PAGE 22: Members in Action

PAGE 24: TWU 2017 Financials

PAGE 28: Members in Action

PAGE 29: Message from Secretary-Treasurer Gary E. Maslanka

6

In This Issue:

8

14

18

Winter 2017 | Vol. 69, No. 4

In a photo in the Summer 2017 issue of the of the Express, NY-NJ State Conference Co-Chair Steve Hamm was left off a caption with NJ Gubernatorial Candidate Phil Murphy. We regret the error.


TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO

JOHN SAMUELSENInternational President

ALEX GARCIAInternational Executive Vice President

GARY E. MASLANKAInternational Secretary-Treasurer

JOHN BLANDInternational Administrative Vice President

JEROME LAFRAGOLAInternational Administrative Vice President

INTERNATIONAL PRESIDENTS EMERITUSMICHAEL J. QUILLFounder, 1934–1966

SONNY HALLMICHAEL O’BRIEN

EXECUTIVE COUNCIL VICE PRESIDENTSDelisa BrownWillie Brown Dale DankerJohn FeltzDebra HaganTom LenaneMike MayesThom McDanielGary PetersonAndre SuttonCurtis TateTony UtanoJames Whalen

COUNCIL MEMBERSJohn ChiarelloLaTonya Crisp-SaurayRichard DavisDerick EchevarriaHorace MarvesBenyoel MorganJ.P. PatafioNelson RiveraKevin Smith

EXECUTIVE BOARDBedennia BarnesCarlos BernabelRichard BoehmJoe BoncordoJon BradfordConstance BradleyBrian ConnorsBrian DeLucia

Cassandra GilbertVictor GonzalezAmy GriffinVanessa Jones Tim HughesTheotis James Shirley Martin-Camp-bell

Michael MassoniJohn Menshon Gus Mohgrabi Thomas MurrayTim Murphy Paul NavarroEmmanuel Paragios John Parrott

Earl PhillipsDan Rivera Richard RoccoPeter Rosconi Armando Serrano Robert Taylor III Clarence WashingtonEric Williams

COPETWU

COMING SOON:

LEGISLATIVE & POLITICAL CONFERENCEAPRIL 2018, WASHINGTON DC

TWU Express Winter 2017 5

Campaign Unit Organizes Initial Janus Workshop to Plan Fightback Strategy

Resolution 12, passed by the delegates at the 25th Constitutional Convention, called on the union and its members to “Prepare the TWU and the Labor Movement for Oncoming Fight Against Janus.” Recognizing the critical importance and the timeliness of this fight, the IAC and the Campaign Unit took swift and immediate action, gathering members, officers and staff in Washington, D.C. for a two-day strategy session to continue developing TWU’s plan for the impending Supreme Court decision.

As the resolution stated, “This Convention directs the International Administrative Committee to impanel a special ad hoc committee of local officers and staff to prepare for the fallout of Janus and other assaults on our rights to organize and bargain; such Committee will develop, among other things, an internal organizing strategy to educate our members on these issues; share experiences and best practices; and develop a new member indoctrination program highlighting the vital necessity of 100 percent membership in protecting our jobs, livelihoods and ability to deliver good contracts; this Committee and assigned staff will meet as soon as possible in a place convenient to the majority of appointees to begin their work; and the TWU will call for a mass demonstration in front of the U.S. Supreme Court when it hears any cases that threaten the livelihood and security of our members and the trade union movement.”

The case involves Illinois public employee Mark Janus, who is suing AFSCME Council 31, arguing that the union violates his rights by compelling him, as a condition of his employment, to give part of his paycheck to a union whose mission he doesn’t support. While the law has long given unionized workers the right to opt out of paying dues that support political candidates,

it maintains that unions can still charge a “fair-share” fee for the costs of negotiating contracts and advocating for workers in disputes with management. If Janus were to win his case when it goes before the Supreme Court, it would decimate the ability of public-sector unions (of which many TWU locals are) to collect these fair share fees.

Across the labor movement, many unions are bracing for the worst, cutting budgets, tamping down on organizing, and shirking away from the fight before it’s really begun. But TWU International President John Samuelsen is taking a much different approach.

“The TWU is going to take this problem head-on,” he said. “We’re going to prepare for the worst, and treat this like any other campaign: member education to fightback against the corporate-funded propaganda here will be critical.”

At the training, attendees discussed the critical importance of educating new union members about the value of their union, and investing in training and organizing strategies early on, so members across every

division, political persuasion and geographic region are armed with the tools necessary to defend their union. The union agreed that TWU must continue to invest time and resources in order to be prepared for the Janus fallout, even if it means organizing outside of traditional collective bargaining agreements and dues-paying structures.

Local 100 MABSTOA Vice President and Executive Council Member Richie Davis said of the training: “No matter what division you’re in, the outcome of this case will affect all of us. I’m glad our International is taking steps to make sure we’re prepared.”

Attendees also were greeted by ITF General Secretary Stephen Cotton, who, while attending the TWU Convention in Las Vegas, saw the resolution get passed, and was inspired to return and see the union put its plans into action so quickly.

“What happens in North America gets exported around the globe,” Cotton told the group. “The ITF will support you however we can, because the capitalist agenda is coming to decimate all of us.”

Photo: The Supreme Court of the United States


Across Long Island, TWU members at several private bus companies safely shuttle children to and from school every day. But in early November, after negotiations with one company, Baumann and Sons, stalled completely, the operators and monitors went on strike to show the bosses the true strength of a unified, organized TWU.

They were joined on the picket line by International President John Samuelsen, International Secretary-Treasurer Gary Maslanka, International Administrative Vice President Jerome Lafragola and Railroad Division Director John Feltz, as well as International staff, State Conference representatives, local presidents and members from the transit, railroad and airline divisions. It was an unprecedented display of force for the transit division’s third-largest local, whose members took to the streets at 2:30am, waving signs, chanting, and engaging passersby in a dialogue about the company’s unwillingness to negotiate.

At the heart of the issue was a fairly simple set of contract demands, including small wage increases – 64 cents for operators and 43 cents for monitors – and sick days. Baumann’s nearly 330 workers maintained they didn’t want to be on strike, but were able to utilize the media to paint the company’s owner publicly as a villain: he was contributing $1.29 a day to their 401K retirement plans, totaling about $230 a year, or $2,300 over a decade of service. He also owns a lavish horse farm in rural Pennsylvania, and tried to duck out of negotiations early to avoid rush hour traffic.

The negotiations offered Local 252 and TWU International a chance to work together on one of the first big contract campaigns since the convention.

“From now on, this is how the TWU takes on the bosses,” said International President John Samuelsen.

Tactics included running a full-page ad in Newsday calling the company out directly, and organizing an on-the-spot call-in campaign to get members and allies to call Baumann headquarters directly from the picket line. In fact, the strike sent such a strong message to the community that one of the school districts that contracts with Baumann decided to take its business to another Long Island bus company which also employs TWU drivers.

“Having the International presence here absolutely made a difference,” said Local 252 President Debra Hagan. “It really brings to life that ‘your fight is our fight’ mentality.”

While it took over a week of being on strike before the contract was finally settled, Local 252’s members ratified their agreement in late November, and the operators are glad to be back to work.

“This truly was a tough one,” said Transit Division Director Curtis Tate, who recognized each individual’s hard work and contribution to the effort. “But when the TWU comes together to take on a challenge, we are united invincible.”

United Invincible:Local 252 Goes On Strike and Wins a New Contract

Day One: TWU International staff met Local 252 leadership and members just after 3 am to start the picket line. After distributing signs, everyone marched in front of the bus depot to prevent school buses from leaving the lot.

Rallying Together: Despite low temperatures, spirits were high on the picket lines. Members stayed outside the Baumann Company offices, chanting “What do we want? Contract! When do we want it? Now!” Local President Debra Hagan joined members on the picket line daily.

Increasing Pressure: The strike impacted more than 20,000 children in five school districts - forcing parents and teachers to find alternative methods of transportation. When Baumann still didn’t come to the table with a contract, members took to the phones, calling the company repeatedly to demand a contract.

Victory: It took more than a week of striking before the contract was finally settled, but Local 252 won the contract they earned: including wage increases and sick days. The contract battle just goes to show: when you mess with one of us, you mess with the whole TWU family.


Bus operators in Columbus, Ohio are proudly represented by TWU Local 208, “where a bus is nothing without us.” But a new program there called “Smart Columbus” is threatening their livelihoods, promising new transportation technology solutions that include a pilot project in which six electric autonomous (driverless) vehicles will provide “first mile/last mile” transportation between bus stations and the Easton Center -- a retail and commercial hub in northeast Columbus. The driverless buses will carry up to 12 passengers and operate along fixed routes.

The union has already begun to prepare to address the threat to jobs, holding strategy sessions, increasing its member-to-member education and communication efforts, and planning public actions and State House testimony to voice its opposition. Local 208 President Andrew Jordan also has done press interviews warning passengers about the dangers of driverless buses.

The move toward automation could have disastrous effects for workers in

Columbus, but it also sets the stage for a much larger national fight. There are almost 17,000 bus drivers in

Ohio, including hundreds who work for Centra Ohio Transit Authority (COTA). These workers, many of whom are people of color, rely on these solid, blue-collar jobs. African Americans are over-represented in the bus driver occupation. While African Americans make up 11.9% of the U.S. work force, they account for 29.4% of those employed as bus drivers. If Columbus – and other cities in Ohio – decides to utilize driverless fleets, these workers, along with their families and communities, could suffer economic hardship.

Bus operators do more than transport passengers; they ensure that passengers – including seniors and the physically challenged – get on and off the bus safely, provide directions and watch for and report criminal activity. Without a driver, buses won’t be as safe.

While driverless vehicle technologies are advancing and being tested, they aren’t fool-proof and accidents have occurred that have resulted in property damage, injuries and even death. There are still many

kinks to be worked out to ensure that autonomous vehicles operate safely. In fact, a driverless public transit shuttle in Las Vegas recently crashed on its first day on the job.

“We recognize that driverless technology is rapidly developing,” said TWU International President John Samuelsen. “We aren’t opposed to technological advances, but, we must ensure that the technology is implemented in a way that protects the public safety and jobs.”

The union is proposing a plan that calls for operators on board all driverless vehicles – even if they are not performing their traditional role. If there are any problems with the technology, the driver would be able to take over the operation of the bus. The driver also would be able to assist passengers with boarding and help protect against inappropriate and/or criminal behavior.

TWU International has committed staff and resources to helping Local 208 wage this fight in Columbus, as well as taking on the autonomous vehicle debate at the national level (see story on page 11), all part of the union’s commitment to waging strong fightback campaigns when members’ livelihoods are threatened.

What Driverless Buses Could Mean for Local 208

Officers and members of Local 208, including First VP Jarvis Williams, Recording Secretary Davon Williams, Second VP Marcia Woods-Johnson, President Andrew Jordan, Shop Steward Reese Patrick, mechanic Brian Meyers, and Treasurer Lisa Combs outside the Ohio State Capitol after their successful press conference.


Election Day in November brought several local and statewide victories for working people, none more critical than the defeat of the New York State ballot initiative that asked voters to re-open the State Constitution via constitutional convention.

The measure drew immediate opposition from across the political spectrum, where voters recognized the effort as a corporate-backed stunt designed to restrict collective bargaining rights and dismantle union power. The “say no to ‘ConCon’” effort was just the latest in the show of TWU’s organizing and political might, a no-holds-barred campaign waged by the New York State Conference and New York locals across the entire state that included door-to-door canvassing, phone banking, earned and paid media efforts, shop-floor organizing, rallies, and targeted digital and social media messaging to educate voters on the dangers of a constitutional convention.

Labor in New York stood together against the measure, which effectively would have

allowed conservatives to amend the parts of the state’s constitution already in place to protect working people, including prevailing wage requirements, workers’ compensation, public school funding, and public employee pension guarantees. The concern was that allowing a convention would have opened the state to a deluge of big-money special interests, eager to invest in dismantling the constitutionally-protected rights and benefits that CEOs oppose. What’s more, those donors would then buy their influence through delegates at the convention, thereby ensuring their anti-working amendments got through. But labor had to work extra hard to educate even certain progressives on just how easy – and dangerous – the system made it for wealthy conservatives to hijack a delegate election process.

Thankfully, the work of TWU members, officers, and the State Conference paid off, and the measure was soundly defeated by voters on November 8. Along with New York State Conference

Chair and Local 501 Executive Vice President Angelo Cucuzza, who published several op-eds and letters to the editor on the issue, newly-installed Local 100 President Tony Utano and Local 100 Campaigns Director Michele Gilliam worked tirelessly till the bitter end to make sure union members understood why their “no” vote was critical.

“This will drastically affect the lives of every union worker,” Utano told News 12 in Brooklyn days before the vote.

Delegates at TWU’s 25th Constitutional Convention passed a resolution in September (see story on page 14) to fight back against ConCon, and the victory is yet another sign that the union stands at the ready to deliver on its promises, and mobilize when it counts. Electoral and issue organizing campaigns remain a top priority at the International and local level, representing a renewed commitment to investing in and winning the fights that matter most for working people, particularly those fights that threaten the very existence of the trade union movement.

“The TWU won’t sit on the sidelines if our livelihood comes under attack,” said International President John Samuelsen. “Whether it’s in New York, or anywhere else, we’re going to employ whatever means necessary to protect our members, and to win.”

TWU Says “NO” to a New York Constitutional Convention

Local 100 President Tony Utano and Maintenance of Way Vice President John Chiarello join members canvassing door-to-door to defeat the ballot initiative to re-open the state constitution.


Legislative Updates

Tax Reform: A Trump Administration priority is overhauling the federal tax code. At press time, the House and Senate are in the midst of considering measures to accomplish that goal.

The bills are expected to increase the tax burden on tens of millions of middle-class families, while benefiting large corporations and the wealthiest Americans. The measures also prohibit employers who provide transit benefits to workers from being able to write-off that benefit as an expense, likely reducing the incentive to provide this benefit and potentially decreasing transit ridership.

The Senate bill also hinders the ability of states and local governments to invest in infrastructure projects by limiting their flexibility in how they borrow funds.

The measures are also estimated to reduce federal revenues by $1.5 trillion. The anticipation of such a sharp reduction in federal income has already renewed Republicans’ calls for comparable cuts to federal spending on social net programs, and with such a cut to federal funds, it makes passage of a $1 trillion infrastructure package that much more unlikely.

TWU has communicated to Congress on these concerns and will continue doing so. As always, stay tuned to twu.org for updates on your union’s work in Washington.

FAA Reauthorization: Earlier this year, Congress began working on legislation to reauthorize and fund the Federal Aviation Administration (FAA). Committees in the House and Senate have drafted and passed separate bills to renew aviation programs, and those measures include a variety of provisions impacting TWU members, such as: banning inflight cell phone calls; modifications to flight attendant duty period limitation and rest requirements; and changes to certain maintenance worker and repair station license uses and processes. The House and Senate bills also contain highly divisive provisions to privatize air traffic control and reduce co-pilot training requirements, respectively.

This summer, the House Committee passed its bill along party lines, and the Senate bill passed by voice vote. Since then, TWU has engaged with both chambers to advocate for beneficial provisions while educating and raising awareness about the impact on our members. Since receiving Committee support, neither bill has been considered by the full House or Senate, meaning the bills have a long way to go before becoming law.

To keep FAA and aviation programs functioning, in September, Congress passed another FAA extension, set to expire March 31, 2018. At press time, the path forward for passage of a reauthorization bill is unclear, but TWU will continue to engage and advocate for our members’ interests.

Federal Policy: The November 2016 election changed the face of Washington’s policymakers. With President Trump in the White House, a conservative-leaning Supreme Court, and new Republican-appointed Department of Transportation regulators,

the 115th Republican-controlled Congress is well into its two-year term.

Over the last several months, TWU has been hard at work advocating for the interests of our members before policymakers in Washington. Below are brief

descriptions of just some of the issues we’ve been working on.

If you’d like real-time alerts on these updates and other issues we’re working on in Washington, you can sign up for TWU Legislative Action Alerts and visit the TWU website for more information.


Spotlight: Driverless BusesTechnology and automobile companies continue

to develop advanced and autonomous (driverless) technologies, with the ultimate goal of making driverless cars a reality in the coming years. And while much of the debate has focused on passenger cars – like the one parked in your driveway – some are working to develop driverless technology for commercial vehicles, like buses and trucks.

Both the U.S. House and Senate have been reviewing legislation to advance the introduction of driverless vehicles on a national scale. TWU has been very active on this issue, working to bring policymakers’ attention to several major issues: the massive impact driverless buses could have on the millions of Americans employed in driving-related industries, and the unique and serious safety and security concerns posed by driverless buses.

The measures are still under review but, so far, TWU has been successful in limiting the reaches of those bills to help prevent the premature

deployment of driverless buses. Action on these bills is expected in the new year, and we may call on TWU members to help deliver the worker impact and safety issue message to your respective representatives in Congress. (See story about the local impact in Columbus, OH on page 8.)

Legislative Updates

Infrastructure Reauthorization: President Trump has repeatedly called for a $1 trillion infrastructure investment package, but few details about the proposal have been released. Based on what we know so far, the Administration proposes spending only $200 billion over ten years, while relying heavily on private investment. The plan is rumored to include using federal funds to encourage the privatization of public assets and public-private-partnerships, as well rolling back regulations and

project permit requirements to ‘unleash’ investments. The Administration has prioritized efforts to repeal

the Affordable Care Act and reform the tax code before turning to infrastructure investment. Meanwhile, DOT recently stated that details about its infrastructure investment plan will come sometime in 2018. In the interim, TWU continues to advocate before Congress on our priorities for funding investments and worker protections.

U.S. DOT Drug Testing Changes: In November, the U.S. DOT finalized changes to its drug testing regulations by expanding the types of drugs it tests for. The changes apply to all transportation workers currently required to pass a U.S. DOT drug test.

Beginning January 1, 2018, DOT drug tests will screen for four additional drugs, specifically semi-synthetic opioids: hydrocodone, oxycodone, hydromorphone, oxymorphone. These semi-

synthetic opioids are sold under brand names such as OxyContin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid, and Exalgo, etc.

With this update, if you test positive for a semi-synthetic opioid, your MRO will downgrade your positive result to negative if you have a legally valid prescription for the drug found in your system.

Sleep Apnea: For several years, the Federal Motor Carrier Safety Administration (FMCSA) and the Federal Railroad Administration (FRA) have considered issuing regulations to screen and treat workers who have or display symptoms of sleep apnea. The agencies were pursuing new regulations, believing that untreated sleep apnea in railroad workers and commercial vehicle drivers poses a threat to public safety.

In August, the agencies announced they won’t, in fact, regulate sleep apnea. Instead, FMCSA may update the advisory it provides to medical examiners concerning drivers’ physical standards, while FRA will

allow railroads to continue to decide whether to screen employees for sleep apnea. Some employers and state and local governments may require sleep apnea testing, but currently the federal government does not.

In response to the agencies’ announcement, Congress introduced bills directing the agencies to move forward with their original plan of regulating sleep apnea. While they’ve yet to take action on these measures, TWU continues to advocate for commonsense protections that limit the burden of screening and treatment on workers.

Local 208 President Andrew Jordan at a hearing on the future of driverless buses in Columbus, Ohio.


New York Governor Andrew Cuomo signed a critical piece of legislation into law last month, marking a huge victory for New York City transit workers. The bill was the last big piece of legislation International President Samuelsen worked on before leaving the helm of Local 100 to lead TWU International.

The law makes it so that hundreds of Station Agents can now obtain the pension credits they were denied when former MTA Chairman Jay Walder imposed draconian layoffs and service cuts in 2010.

“This is a huge victory,” Local 100 President Tony Utano and TWU International President John Samuelsen said in a joint statement. “Getting legislation like this passed by the State Legislature, and then getting the Governor to sign it, was a huge lift. We couldn’t have done it without the hard work and dedication of the members and officers who lobbied elected officials and kept this issue alive.”

In 2010, the MTA pink-slipped nearly 500 Station Agents during a

fiscal crisis caused by plummetting tax revenues plummeted during the Great Recession. While many felt Governor Wilder had other options, he chose maliciously to lay off the Station Agents anyway then-Local 100 leadership refused his demand to re-open the contract and accept sweeping agency-wide cuts to wages and benefits.

“The MTA was trying to bully the union,” Station Agent Marnee Anastos said. The MTA began recalling some of the agents less than one year later. But some had to wait nearly two years before getting their jobs back.

Fellow Agent Frank Fodera and his wife shouted with joy when Sharase DeBouse, of Local 100’s political action unit, called them to say Governor Cuomo had signed the bill. “You made our day!” Fodera said. “We couldn’t be happier. This is going to help so many people.”

Hired in 2006, Fodera was laid off for 16 months, and has since worked on and off over the last couple of years as he battles cancer. Buying back the pension credits for those

lost 16 months moves him closer to reaching 10 years of pensionable service - and gets him closer to being able to retire on disability with the health benefits secured by Local 100 during contract negotiations. Fodera requires extensive medical care that would be astronomically expensive without the Local 100 insurance plan. The prescription drugs that he needs cost him $10 for a three-week supply. Without the coverage, that three-week supply would cost $11,556, his wife, Lynn, said.

Anastos was stunned when she was laid off after two-and-a-half years on the job.

“We were laid off for no reason,” she said. “The MTA said they didn’t have enough money, but they then paid people overtime to do doubles and triples.”

Anastos said she is “ecstatic” about the legislative victory. She joined a contingent of union members on a springtime lobbying trip to the state legislature in Albany. “If people don’t get involved, things just get swept under the rug,” she said.

Legislative Updates

Members from Southwest Airlines stations all over the system report that over-the-top discipline has become the new normal at the company once known for a culture founded on LUV: putting team members first, treating workers reasonably, and coaching trumping discipline. Instead, the airline has become another on-time-performance-driven, over-managed, corporate machine putting its profits well before its people. Flight attendants and ramp workers report excessive discipline and harassment designed to make them compliant and obedient – a massive departure from the Southwest they once knew and LUVed.

And the numbers don’t lie:

discipline cases have almost doubled over the last four years, and Local 555 in particular has decided to take a stand, realizing the fightback needs to happen on the job, not just at hearings and through discussion logs.

Members argue that they want a workplace free from constant harassment and surveillance by managers who don’t know how to do their jobs. They want tools and equipment to be in good working order, and they want to be able to work safely, at full capacity, and with respect.

To reach that goal, Local 555 has launched the More Luv, Less Discipline campaign, which includes: surveying members on workplace treatment, offering “More Luv, Less Discipline”

buttons, and organizing a day-long mobilizer training course in Dallas, Chicago, Baltimore, Denver, St Louis, San Diego, Las Vegas and Oakland.

Local campaigns are also working to educate members on how to tag out defective equipment, stopping supervisors from doing covered work, writing SOPIs, building a unified response to sign and reads, enforcing safety on the ramp, petitioning to improve the conditions at t-point, and fighting to get the provision trucks rodent-free. As TWU International Campaigns Director Nick Bedell explained, “The fight for a harassment-free workplace starts with these members.”

Local 555 and TWU International Launch Fightback Trainings for Southwest Airlines Members

New York Station Agent Buy Back Bill Signed into Law


Flight Attendants

After years of attempted organizing, the TWU has officially filed with the National Mediation Board for a representation election of the 5,000 flight attendants at JetBlue.

The effort represents the new strategic organizing capacity of the TWU, and an ability to implement a targeted, successful campaign against a high-profile, high-value employer.

In September, JetBlue management began distributing flyers and emailing staffers with its own unionbusting messaging. But the flight attendants had already begun to see the value of a union contract, recognizing the advances in pay and grievance procedures that their colleagues at other airlines had been able

to negotiate. They knew it was time to organize against the boss who had been taking advantage of them.

“Increasing numbers of workers are realizing that they have to unite against the right-wing politicians and the greedy, multi-billion-dollar corporations. Both groups are far more interested in corporate profits than the well-being of everyday working Americans,” said International President John Samuelsen. “JetBlue flight attendants have come to the realization that the company does not have their best interests in mind. The TWU is going to fight for that. And if history is any indication, we’re going to win.”

5,000

Airplanes

155

Operating income in 2016

$1.3 billion

Now Boarding: TWU at JetBlue The TWU, together with our coalition

bargaining partners (TCU/IAM, TCU/IAM-BRC, IAM and IBEW) reached a tentative national agreement (TA) with the National Carriers Conference Committee (NCCC). The TA, subject to membership ratification, applies to members employed on Conrail (SAA), CSX and Norfolk Southern.

The agreement follows three years of difficult negotiations, including mediation from the National Mediation Board (NMB) dating back to November, 2015. It tracks a Coordinated Bargaining Group (CBG) TA that has now been ratified by an overwhelming majority of CBG members.

Railroad Division Local Presidents and International staff have considered the terms of the TA and overwhelmingly recommend ratification, hailing the agreement’s progress for members. Detailed information and ratification materials, as well as additional updates, will be shared with the full membership in the coming weeks.

TWU Reaches Tentative Agreement in National Freight Railroad Negotiations


TWU’s 25th Constitutional Convention brought nearly 500 delegates and alternates to Caesar’s Palace in Las Vegas in September, ushering in a new era for our great union.

International President John Samuelsen was elected to his first full term leading the TWU, alongside Alex Garcia as International Executive Vice President, Gary Maslanka as International Secretary Treasurer, and John Bland and Jerome Lafragola as International Administrative Vice Presidents. The Samuelsen slate’s victory was overwhelming, and together along with Division Directors Curtis Tate and Mike Mayes, their International Vice Presidents, Executive Board and Council, the leadership promised advancements in TWU’s organizing, political and campaign fightback power.

“We now call on every member of this union to stand with us, because we’re going to take on fights like never before,” Samuelsen told the crowd. Setting the tone for the next four years, Samuelsen’s State of the Union presentation set a strong vision for where he plans to take the TWU, highlighting some of the union’s key accomplishments, and plotting the next steps forward.

The election capped off an exciting and productive convention week, marked by dynamic speakers, workshops, and an unprecedented show of unity amongst TWU members in every division. Marked by lively debates and spirited participation from a diverse delegate pool, the convention also offered delegates a unique opportunity to celebrate their

union and its continued successes.Highlights included a keynote address from New

York Governor Andrew Cuomo, who told the crowd, “Middle class working families are getting squeezed harder than they ever have before…. Corporations will always seek to maximize profit, because the less they pay the worker, the more they make. If they can get away with it, they will.” He went on to applaud the labor movement for leveling the playing field, and recognized President Samuelsen and his leadership at Local 100, saying he embodies exactly what collective trade union principals are built upon: “Maybe you can take advantage of one worker, or two workers, or three workers, but you can’t take advantage of all the workers.”

Reverend Dr. William Barber also gave a rousing and emotional address, citing the challenges to social justice facing America today. Describing an idea of fusion politics, Barber rallied the convention with a fascinating historical analysis of the nation’s education, labor and social safety net system, detailing how those forces helped bring Americans together, and how politics today now tries to drive them apart. “We keep trying to find every way not to deal with American’s original sin of racism and genocide. Before Russia hacked the system, racist voter suppression hacked the system. And wherever you find voter suppression, you find anti-unionism,” Barber warned. (The delegates had already passed Resolution 7, “Fighting Voter Suppression,” earlier that day.)

TWU Convention

Convention Honors United Invincible Legacy, Looks Forward to Powerful Future

Photo: The 25th Constitutional Convention floor


President Samuelsen also took time to honor several members of Local 525, firefighters at the Kennedy Space Center in Cape Canaveral, Florida, presenting them with commemorative 9/11 coins along with their local’s president, Kevin Smith, and International staff member Sean Doyle.

Other speakers included celebrated populist Jim Hightower, AFL-CIO Secretary Treasurer Liz Shuler, ITF General Secretary Stephen Cotton, Machinist’s General President Bob Martinez and Executive Vice President for Transportation Sito Pantoja, Nevada State Representative Yvanna Cancela, Las Vegas Mayor Carolyn Goodman, a video message from U.S. Senator Sherrod Brown, RMT General Secretary Mick Cash, and Irish documentary filmmaker Macdara Vallely, who screened the initial cut of his latest documentary featuring TWU founder Michael J. Quill. Themes ranged from bracing for the upcoming challenges facing the labor movement, to unifying across political differences, to embracing the concept of solidarity and justice for all working people.

“It was a jam-packed schedule, but every speaker, every video, and every discussion really told the story of our union and what we’ve accomplished together,”

said Bedennia Barnes, President of Local 261.

Delegates and alternates spent significant time putting the ideas and concepts of the convention into plans and actions for their locals. Three workshops offered attendees an opportunity to hone practical skills and interact with other members – one, led by TWU General Counsel David Rosen and labor attorney Mark Richard addressed the upcoming Janus Supreme Court case (see page 5), attacking public sector unions’ rights to collect fair share fees, another led by TWU International Staff Regina Eberhart and Nick Bedell on internal organizing, and a third , led by digital media experts Emily Goodstein and Jeff Rum, guided participants through high-level online tactics to support their campaigns and membership goals.

The convention also featured two surprise moments, when TWU leadership took time to honor International Administrative Vice President John Bland for his decades of dedication and service to TWU, and TWU Local 100 Communications Director Jim Gannon, who also played a key role in planning and executing the convention. Both received massive standing ovations from the crowd. In honoring Bland, members, local presidents and fellow

members of the IAC expressed deep admiration and respect for his history not just as a union leader, but as a civil rights activist and a pillar of his community in Houston. “Thank you, Mr. Bland, for setting an example for all of us,” said International Executive Vice President Alex Garcia.

The business of the convention included regular reports from several committees, including the Credentials, Rules and Election committees, which oversaw key elements of the convention process, as well as the Working Women’s Committee, the Health and Safety Committee, and the Appeals Committee. In all, the IAC worked alongside the IEC&B to introduce 32 resolutions on the convention floor, as well as an amendment to the TWU International Constitution. Remaining resolutions will be addressed by the IEC&B at its first meeting in 2018, and a full list of resolutions (including amendments made from the floor) will be available in the report of convention proceedings (published later in 2018).

The IAC is pleased to report that TWU International has already made progress on several of the resolutions passed at the

Convention SpeakersNew York Governor Andrew Cuomo was the Convention Keynote Speaker, and he was in great company. Other speakers included: Carolyn Goodman, Mayor of Las Vegas; Liz Shuler, Secretary-Treasurer of the AFL-CIO; Reverend Dr. William J. Barber; Bob Martinez Jr., International President of the International Association of Machinists and Aerospace Workers (IAMAW); Sito Pantoja, General Vice President of the IAM; Nevada State Representative Yvanna Cancela; Mick Cash, General Secretary of the Rail, Maritime and Transport Workers Union; Jim Hightower, populist writer and commentator; and Stephen Cotton, General Secretary of the International Transport Workers Federation. Senator Sherrod Brown (D-Ohio) also addressed the convention via video.

TWU Convention


convention, including: Resolution 3, “Addressing Challenges with Autonomous Vehicles,” (see stories on pages 8 and 11), Resolution 12, “Prepare the TWU and the Labor Movement for Oncoming Fight Against Janus” (see story on page 5), Resolution 17, “Say No to ConCon” (see story on page 9), and Resolution 28, “Support Allegiant Flight Attendants in their Fight for a Fair Contract” (see story on page 28). Work continues on several other critical resolutions, including Resolution 2, “An Aggressive Approach to Organizing,” which called on the TWU to continue investing in its bottom-up organizing model, seeking new opportunities to “grow and expand the union using innovative organizing strategies and modern communications tools,” And on Resolution 14, “Protecting Airline Industry Maintenance Craft—Stop the Outsourcing of Airline Maintenance Work,” whereby rallies calling on American Airlines CEO Doug Parker to stop outsourcing continue around the country (see story on page 20), utilizing cutting-edge campaign tactics to position TWU powerfully as it continues its campaign for a contract at the company;and Resolution 22, “Weaponize the International Campaign Unit,” with the hiring of Nick Bedell as the Director of Campaigns.

Perhaps one of the more moving moments of the convention came after Resolution 27 was introduced to aid victims of the hurricanes and extreme weather that affected TWU members and their families in Texas, Florida, and Puerto Rico.

Following the passage of the resolution, delegates took to the floor to relay stories of devastation, and to pledge additional support to their affected brothers and sisters. At points it would seem the generosity might continue well into the night, with speaker after speaker rising to offer resources. The display brought many to tears, showcasing how truly powerful a union can be when it stands as one and commits to taking action, regardless of what the action may be. All told, the group raised more than $100,000 in the room that day, in addition to several thousand that had already been raised in a previously created GoFundMe Account. (See page 18 for more on TWU’S Hurricane Maria relief efforts

in Puerto Rico).As International Vice President

and Local 234 President Willie Brown said after the spontaneous swell of donations, “After witnessing these acts of kindness and unity, I’m not afraid to take on any fight.”

Another highlight throughout the week was the showing of several of TWU’s award-winning videos, these made specifically for the convention to showcase the unions organizing victories, political work, civil rights legacy, and strength of membership, as well as a deeply moving In Memoriam video to honor the TWU members lost since the last convention in 2013. Each video helped depict visually TWU members living the essence of our trade union roots: service, militant

TWU Convention

Above: Members participate in convention business. Bottom: President Samuelsen addresses the crowd from the dais.


TWU Conventionaction, and a commitment to building worker power.

TWU International staff received special recognition for their work in executing the convention, from receptions to registration to designed materials and logistics. And upon returning to Washington, D.C., several International staff announcements were made, including the addition of International Vice President John Feltz as the new Railroad Division Director, Brian DeLucia as a new Railroad Division International Representative, Nick Bedell as the new Director of Campaigns, and Local 505 President Andre Sutton and Local 525 President Kevin Smith as Staff Representatives. They join several other TWU staff who came on board prior to the convention, including Regina Eberhart, Director of Political Action, Amy Willis, Researcher, and Andrea Wohleber, Policy and Legislative Director.

Scenes from the 25th Constitutional Convention, featuring Executive Board Member JP Patafio, Local 101 President Constance Bradey, Local 2054 President Tommy Murray, Local 501 President Victor Gonzalez, Governor Andrew Cuomo addressing the crowd, and the newly elected IAC with the women of the TWU, among others.


When disastrous hurricanes struck regions around the U.S. where TWU members live and work – Texas, Florida, and Puerto Rico – TWU International sprang into action, developing a GoFundMe page to raise money for affected members and their families, and immediately depositing $50,000 into the account, followed by an additional $50,000 after the later storms hit. The money was moved directly into a special disaster relief fund and distributed by leaders on the ground to members who needed it most, members whose homes had been leveled, whose offices were completely under water, and who had already spent weeks without power.

Then in September, delegates raised tens of thousands of dollars more for hurricane victims at the 25th Constitutional Convention, pledging support from officers, individuals, and local treasuries (see story on page 14). Delegates rose from the floor to share tales of devastation and loss, and in response, nearly every person in the room offered some kind of financial, emotional or physical assistance. What started with a resolution to support hurricane victims turned into an outpouring of generosity, bringing the TWU together and offering everyone a chance to chime in and contribute in ways big and small. It was, many remarked, the most

moving display of solidarity they’d ever seen. But for International President John Samuelsen,

there was more work to be done. Together with Air Division Director Mike Mayes and Local 501 Executive Vice President and New York-New Jersey State Conference Co-Chair Angelo Cucuzza, he devised a list, and arrived home in Brooklyn from the convention to immediately go shopping for relief supplies. Cucuzza was already hard at work booking moving trucks and coordinating with senior American Airlines management to deploy an

TWU Bands Together for Hurricane ReliefA Union Means You’re Never Alone

Manuel Nater, Local 501, Abiel Ortiz, Local 591, Heyda Delgado, CWA Local 3140, Angel Martinez, Local 501, and Ricardo Blasco, Local 501 receive supplies for members in San Juan.


AA cargo plane to Puerto Rico carrying TWU’s donated supplies.

When asked how he decided what to buy, Samuelsen explained, “I just tried to figure out what my family would have needed to sustain ourselves if we were in a dire situation.”

With the help of fellow 501 members Chris Kiernan and George Crozier, and 591 and Veteran’s Committee member Pete Meyer, Cucuzza loaded one U-Haul and quickly had to borrow an additional passenger van from American Airlines to accommodate all the supplies. The group drove the trucks to Philadelphia Airport cargo, where they were met by Steve Hamm, President of Local 229 and NY-NJ State Conference Co-Chair, members of Local 234, and Local 504’s Leonard Smack whose team helped screen, bond and pallet the supplies without a hitch.

It was a true TWU team effort, and the supplies made it successfully to San Juan where they were distributed amongst TWU, CWA and American Airlines employees at the airport. If it weren’t for Local 501 and 591’s officers and stewards on the ground at SJU, the process of getting the supplies to those in need may not have been so simple, but together, the team bypassed a warehouse backlog at the airport, and get the goods

to the people who needed them most. Local 504 also coordinated simultaneous deliveries to help affected families in St. Thomas and St. Croix.

“It’s a testament to the union’s rapid response capabilities, its

commitment to its members, and its unfailing devotion to people in need,” Cucuzza said. “In the TWU, there’s always a plan.”

Left: International Representative and Local 504 President Richard Boehm, his wife Matilde, and Local 504’s Jo-Ellen Lundin and Monteith Charles also collected supplies to aid hurricane victims.Right: Members across locals turn out to bring food and supplies to members in Puerto Rico, including members from Locals 234, 591, 501, 229, and 504. Local 501’s Manuel Nater, Jose Marrero, Jorge Cruz, Rando Collazo and Hector Pagan are shown with one of the many pallets. Local 501 Section Chairman Manuel Nater helps to unload a supply truck.


Bargaining with the world’s largest airline continues, so TWU’s American Airlines locals continue to take it to the streets: airport terminals, Wrigley Field, and even AA headquarters. Their message for the company is clear – stop outsourcing jobs, and deliver on the industry’s best contract they promised over two years ago.

While the negotiating committees continue to meet to pass proposals and reach tentative agreements on key contract elements, members and officers want to be sure Doug Parker and the other AA executives know that they – and the entire traveling public – are watching. Using traveling billboards, advanced digital targeting, leafleting, and good old-fashioned bullhorns and chants, thousands of members have turned out to show that they’re united with their union, and they’re ready to keep fighting.

The campaign is designed both to invigorate and organize members on the ground, and to show American Airlines that continued contract delays

won’t fly. At the heart of the issue lies members’ continued frustration with the company which, after 9/11, asked TWU members to tighten their belts to help keep the company afloat - and they did. But in 2012, management took American into bankruptcy with nearly $4 billion in the bank, forcing more concessions onto the very workforce that had saved them. Today, as the airline makes billions per quarter and the executives continue to reward themselves in compensation and bonuses, TWU members have seen very little. American Airlines is making profits like never before, but the way the company treats it workers and its approach to labor relations remains abysmal. The rallies remain a key piece of the union’s larger strategy as part of the largest labor organization on American Airlines’ properties (in association with the IAM) to put public pressure on American Airlines to finalize a fair and industry-leading contract.

American Airlines: Keep Your Jobs in America

Question: Why has so much time passed since the initial distribution of equity in American Airlines until now without all of the equity being distributed to TWU-represented AA employees in accordance with the TWU Equity Distribution Plan?Answer: Distribution of the equity—or the proceeds from sale of the originally distributed stock in AA—was delayed by four years due to the filing of a class action lawsuit against TWU on behalf of individual TWU-represented employees who were ineligible under the TWU Plan for a distribution, mainly because they were not employees on the dates required by the Plan (most of the plaintiffs had retired by July 26, 2013). In order to deal with the possibility that the plaintiffs’ lawsuit would succeed, TWU held in reserve investments deemed sufficient to pay any possible judgment in favor of the plaintiffs, plus the cost of litigating the case and administering the reserve. It was necessary to hold this amount in reserve until the conclusion of the case.

Question: Is the case now over?Answer: Yes. Plaintiffs had until October 4, 2017 to petition the United States Supreme Court to review the decision of the Court of Appeals for the Ninth Circuit upholding the grant, by the U.S. District Court, of TWU’s motion to dismiss the case. No such petition was filed; therefore, the decision of the Ninth Circuit Court has become final.

Question: What now needs to be done before we can each receive the sums due to us under the TWU Equity Distribution Plan?Answer: TWU must complete a practical plan for the distribution. We believe the simplest way for the distribution to be done would be for TWU to transmit the TWU Reserve Fund, all in cash, to American Airlines, which could then distribute the entire sum, by one of the several methods available to them, in accord with TWU instructions, to the same employees who received equity through earlier distributions. The amount received by each distributee will be calculated based on the same percentage of the entire sum being distributed as was used in calculating the equity he/she received in prior distributions.

Question: Why can’t this distribution by AA be done immediately?Answer: In order for this plan to be implemented, TWU must secure AA’s agreement to it. It is not certain that AA will agree; it is possible that their agreement will depend on mutually agreeable resolution of a number of legal questions, including tax questions. TWU will not sacrifice the member rights that are determined by these questions merely in order to gain the administrative simplicity and speed that distribution by AA will entail.

Question: If it is unable to get AA to agree to make the distribution sought, how will TWU handle the problem?Answer: Should AA not agree to be involved in the distribution, TWU will arrange on its own for the distribution from the reserve fund. This will most likely involve getting all of the payroll information necessary to make the distribution; securing a payroll company to do the actual cutting of checks in amounts determined by TWU; and have that company mail of the checks.

Question: Will the process of calculating how much each covered employee is entitled to delay the distribution significantly?Answer: No. The calculations of what percentage of the whole each TWU distribute was entitled to were made years ago, and were found to be accurate as a result of the actual distributions made based on them. These same percentage calculations are still available, to be applied mechanically to the sum deemed available for distribution.

Question: What deductions will be made from the sum available for distribution prior to its being divided up among those receiving it?Answer: As in past distributions, it is our current belief that applicable taxes will have to be withheld prior to the distributions being made. This includes income tax; regarding FICA and other possible tax liability, significant legal questions remain to be definitively resolved. To the extent that we are unable to determine with certainty what a given tax liability is, it is our intention not to delay the general distribution for final resolution of the legal question, but instead to make the distribution and to hold the amount in question in reserve, to be distributed when the issue is finally determined.

Question: How will TWU deal with the possibility that the calculation of some individuals’ distribution may either be in error, or the distribute may believe that it was in error?Answer: In the prior distributions, there was an appeals process for precisely this kind of error. The process was meant to give fair and final determinations to complaints regarding such errors. We are putting together the nuts and bolts of such a procedure right now, so that it can be applied to the distribution.

Questions and Answers on American Airlines Equity DistributionFollowing the court’s ruling in the American Airlines equity case, TWU has received several questions regarding the equity distribution process. Below, we are reprinting the text of a Q&A that was sent to all AA Local Presidents on November 2, 2017.


Members in Action

Strike Support: Local 512 Secretary-Treasurer Trevor Chalcraft and VP Kevin Hagn joined in a show of support with members of Automobile Local 701 who were picketing Castle Chevy

Political Connections: Gary Maslanka, International Secretary-Treasurer, with Michael W. Frerichs, Illinois State Treasurer, Gwen York, International Representative COPE Political Field, and Tim Murphy, Local 512 President & Vice President of the Illinois State AFL-CIO.

Beach Celebration: Members of Local 501 have some fun in the sun earlier this summer at their beach party in San Juan, Puerto Rico.

Political Transition Teams: TWU International Administrative Vice President Jerome Lafragola was recently named to New Jersey Governor-Elect Phil Murphy’s Transportation and Infrastructure Transition Committee. Local 501 Executive Vice President and NY/NJ State Conference Co-Chair Angelo Cucuzza was named to New York City Councilman Justin Brannan’s transition team as well. Congratulations to both for representing the TWU in these important positions!

New Jersey Governor-Elect Phil Murphy


Members in Action

Walk the Walk: On August 20th International President John Samuelsen, Administrative Vice President Jerome Lafragola, International Vice President Sean Doyle & Air Division Director Mike Mayes walked the American Airlines ramp at Chicago O’Hare with Local 512 Officers and Executive Board members, meeting members and answering questions.

New Jersey Politics: New Jersey State Conference Chair and Local 229 President Steve Hamm with New Jersey Lt. Gov. candidate Sheila Oliver.

Solidarity: Local 226 members in Hackensack, New Jersey, are standing with their brothers and sisters in the Today We Unite campaign - the fight for a contract at American Airlines. See story page 20.

Title: U.S. Representative Jan Schakowsky (D-IL) greets TWU members.

Veterans Committee: Local 556 hosted the TWU Veterans Committee 4th quarter meeting in Dallas recently. The committee comes together to celebrate and improve the lives of veterans working among our ranks.

Strategy Meeting: International President Samuelsen and Local 291 President Clarence Washington, along with 291 leadership, are working on a strategic fightback campaign to protect Miami transit workers.


Fresh Faces at Local 505: Air Division Director Mike Mayes recently swore in Leilani “Lei Lei” Kapewa to the executive board, David Taumoepeau, Financial Secretary-Treasurer, Skip Hovorka, Vice President, and Jennifer Platt, President.

JetBlue Wants To Join the TWU Family: Flight attendants at JetBlue are ready to experience the union difference! TWU has filed with the National Mediation Board for a representation election of the 5,000 flight attendants at the airline. For a full story on this groundbreaking organizing campaign, check out page 13.

Members in Action

Toy Drive: Long Island-based Local 252 hosted a holiday toy drive to collect toys for children in a particularly-hard hit area of Puerto Rico. At left are 252 members Annalesa Flemming and Perry Hind with New York/New Jersey State Conference Chair Angelo Cucuzza.


Saying No to “Con Con:” TWU members from all over New York came together to shut down “Con Con” - a constitutional convention in New York State that would’ve put way to much at stake for working families. See page 9 for the full story.

Members in Action


To the International Executive Boardand International Executive CouncilTransport Workers Union of America501 3rd Street, NWWashington, D.C. 20001

We have audited the accompanying schedule of Calculation of Chargeable Expenses (modified cash basis) of Transport Workers Union of America (a nonprofit organization) for the year ended August 31, 2017, and the related notes to the schedule.

Management’s Responsibility for the schedule of Calculation of Chargeable Expenses

Management is responsible for the preparation and fair presentation of the schedule of Calculation of Chargeable Expenses in accordance with the modified cash basis of accounting; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the schedule of Calculation of

Chargeable Expenses (modified cash basis) that is free from material misstatement, whether due to fraud or error.

Auditors’ ResponsibilityOur responsibility is to express an opinion on the schedule of

Calculation of Chargeable Expenses (modified cash basis) based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the schedule of Calculation of Chargeable Expenses (modified cash basis) is free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the schedule of Calculation of Chargeable Expenses (modified cash basis). The procedures selected depend on the auditors’ judgment, including the assessment of the risks of material misstatement of the schedule of Calculation of Chargeable Expenses (modified cash basis), whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the schedule of Calculation of Chargeable Expenses (modified cash basis) in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the schedule of Calculation of Chargeable Expenses (modified cash basis). We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

OpinionIn our opinion, the schedule of Calculation of Chargeable

Expenses (modified cash basis) , referred to above presents fairly, in all material respects, the chargeable expenses of Transport Workers Union of America as of August 31, 2017, in conformity with the Transport Workers Union of America Agency Fee Policy.

Basis of AccountingWe draw attention to Note 4, which describes the basis of

accounting. The schedule was prepared by Transport Workers Union of America (a nonprofit organization) utilizing the modified cash basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America.

Report on Supplementary InformationOur audit was conducted for the purpose of forming an opinion

on the schedule of Calculation of Chargeable Expenses (modified cash basis) of the Transport Workers Union of America. The supplementary information; schedule of main office expenses, schedule of servicing, negotiations and grievance expenses and schedule of salaries and related expenses on pages 7, 8 and 9 is presented for purposes of additional analysis. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the schedule of Calculation of Chargeable Expenses (modified cash basis). The information has been subjected to the auditing procedures applied in the audit of the schedule of Calculation of Chargeable Expenses (modified cash basis) and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the schedule of Calculation of Chargeable Expenses (modified cash basis) or to the schedule of Calculation of Chargeable Expenses (modified cash basis) themselves and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the schedule of Calculation of Chargeable Expenses (modified cash basis).

Jonah Cohen, CPA PCHuntington, New YorkDecember 8, 2017

Independent Auditors Report

TRANSPORT WORKERS UNION OF AMERICAAGENCY FEE POLICY

SCHEDULE OF CALCULATION OF CHARGEABLE EXPENSES (MODIFIED CASH BASIS)

YEAR ENDED AUGUST 31, 2017

TOTAL CHARGEABLE NON-CHARGEABLE

Main office expenses $3,043,122 $2,739,808 $303,314

Servicing, negotiations & grievance expenses

3,164,768 3,164,768 -

Political Expenses 1,327,730 - 1,327,730

Organizing Expenses 209,185 - 209,185

TWU Expense: Non-political informationPolitical information

169,609

43,227

169,609

-

-

43,227

Donations, tickets, and advertisement

100,235 - 100,235

Salaries & related expenses

10,205,588 8,529,710 1,675,878

Social events, non political

32,425 32,425 -

Quill scholarship 87,400 - 87,400

Insurance 129,687 129,687 -

Convention 524,794 524,794 -

Investment expenses 299,439 299,439 -

Totals $19,337,209 $15,590,240 $3,746,969

Percentage to total 100 80.62 19.38



SUPLLEMENTARY SCHEDULE OF SERVICING, NEGOTIATIONS AND GRIEVANCE EXPENSES

(MODIFIED CASH BASIS)YEAR ENDED AUGUST 31, 2017


SUPLLEMENTARY SCHEDULE OF SALARIES AND RELATED EXPENSES(MODIFIED CASH BASIS)


TRANSPORT WORKERS UNION OF AMERICA POLICY ON AGENCY FEE OBJECTIONS

TWU’s Policy on Agency Fee Objections, as amended, is based upon decisions of the United States Supreme Court.

1. Employees who are members of TWU are eligible to engage in a broad range of activities by virtue of their membership. This includes, for example, the right to run for and vote in Union elections, to vote on ratification of collective bargaining agreements, and to attend and participate in Union meetings and activities that are pertinent to their employment. Employees represented by TWU can elect to be non-members, but if they do, they lose these and other rights and benefits that go along with membership in good standing in TWU.

2. A TWU-represented nonmember employee who is subject to a union security clause conditioning continued employment on the payment of dues or fees -- referred to as “agency fees” for nonmembers -- has the right to object to expenditures by TWU or the employee’s Local Union that are not related to collective bargaining, contract administration, grievance adjustment or other expenditures that are considered “chargeable” to nonmember objectors. A nonmember objector’s agency fees shall be calculated in accordance with this Policy.

3. To become an objector, a TWU-represented nonmember employee shall notify the International Secretary Treasurer in writing of her/his objection by mail postmarked during the month of January in the first year for which the employee elects to be an objector. The written notification shall be signed by the employees and include the objector’s current home address and TWU Local Union number, if known. The nonmember objector shall also mail a copy of this notice to her/his Local Union. A nonmember employee who first becomes subject to a TWU union security clause after January in a particular year and who desires to be an objector must submit written signed notification to the International Secretary Treasurer, with copy to the employee’s Local Union, including the objector’s current home address and TWU Local Union number, if known, within thirty (30) days after the employee has become subject to union security obligations and been provided notice of these procedures.

a. A current TWU member who chooses to become an objector, must first resign from TWU membership before she/he can file an objection through these procedures. A


SUPLLEMENTARY SCHEDULE OF MAIN OFFICE EXPENSES(MODIFIED CASH BASIS)


EXPENSES


Rent & related expenses

$1,173,023 $1,047,899 $125,124

Stationary & printing 45,165 42,355 2,810

Outside consultants 826,953 752,299 74,654

Telephone 218,384 192,843 25,541

Postage 45,608 42,014 3,594

Data processing expense

151,958 145,707 6,251

Equipment rental & maintenance

113,496 102,971 10,525

Newspapers & subscriptions

42,200 26,202 15,998

Accounting 70,190 65,156 5,034

Depreciation 86,381 74,785 11,596

Sundry expenses 269,764 247,577 22,187

Totals $3,043,122 $2,739,808 $303, 314

EXPENSES


Negotiation expenses $1,327,241 $1,327,241 -

Legal fees 596,290 596,290 -

Transportation & facility costs

1,061,132 1,061,132 -

Reimbursement of Locals negotiating expenses

180,105 180,105 -

Totals $3,164,768 $3,164,768 -

EXPENSES


Salaries $5,628,844 $4,698,957 929,887

Pension & welfare expenses

3,793,224 3,126,635 666,589

Payroll taxes 401,668 342,146 59,522

Auto expenses 356,526 340,830 15,696

Insurance, workers compensation

25,326 21,142 4,184

Totals $10,205,588 $8,529,710 $1,675,878


member who resigns from membership during the course of the year shall have 30 days following resignation in which to elect to become an objector by utilizing the procedures set forth in paragraph 3 above.

b. A TWU-represented nonmember employee, who provides notice in accordance with the procedures set forth in paragraph 3 above, will be considered an objector for each subsequent calendar year after the first year for which the employee elected to be an objector, unless and until the employee notifies the International Secretary Treasurer in writing that she/he no longer desires to be an objector.

4. Expenditures in the following categories are among those chargeable to nonmember objectors.

a. Negotiation of agreements, practices and working conditions.

b. Administration of agreements, practices and working conditions, including grievance handling, all activities related to arbitration, and discussion with employees in the bargaining unit or employer representatives regarding working conditions, benefits and contract rights.

c. Conventions, Union business meetings, and other Union internal governance and related expenses.

d. Social activities.

e. Publications, to the extent related to chargeable activities.

f. Litigation before courts and administrative agencies related to contract administration, collective bargaining rights or other chargeable activities.

g. Legislative, executive branch and administrative agency activities on legislative or regulatory matters related to the negotiation or administration of contracts and working conditions.

h. Education and training of members, officers and staff intended to prepare the participants to better perform chargeable activities or otherwise related to chargeable activities.

i. Activities related to group cohesion and economic action of or by TWU represented employees, e.g., demonstrations, general strike activity, informational picketing.

j. Overhead and administration related to or reflective of TWU or TWU Local Union chargeable activities.

5. Expenditures in the following categories arguably are non-chargeable to nonmember objectors:

a. Community service and charitable contributions.

b. Affiliations with non-TWU organizations.

c. Support for political candidates.

d. Member-only benefits.

e. Lobbying to the extent not chargeable as per paragraph 4.g. above.

f. Publications, litigation and for overhead and

administration to the extent related to arguably non-chargeable activities.

g. external recruitment of new members.

6. The TWU Policy on Agency Fee Objections shall be reprinted in each Winter issue of the EXPRESS. The International shall also send a copy of this Policy to each nonmember who objected during that calendar year to inform such person of the right to elect to again object in a succeeding year. Any Local Union that is required by law to have an agency fee policy, but which has failed to adopt such a policy, shall be deemed to have adopted this “Policy on Agency Fee Objections” as its own, and such Locals shall be identified in the December issue of the EXPRESS.

7. The International shall retain an independent auditor who shall submit an annual report verifying the breakdown of chargeable and arguably non-chargeable expenditures (the “Report”). Similarly, if a Local Union has determined to apply this Policy for its expenditures, the Local Union shall arrange for an independent audit of the breakdown of the Local’s chargeable and arguably non-chargeable expenditures. Any Local Union which fails in a given year to conduct an independent audit of expenditures shall be deemed to have spent the same percentage of its expenditures on chargeable activities as the International expended as reflected in the auditor’s report. The Report(s) of the independent auditor(s) for the International and, where applicable, the Locals shall be completed promptly after the end of the fiscal year. The most recent Report of the International’s expenditures shall be reprinted in the December issue of the EXPRESS. The Local Union shall provide to the nonmembers it represents a copy of the Report of the breakdown of the Local Union’s expenditures.

8. The fees paid by nonmember objectors shall be handled as follows:

a. Nonmember objectors who pay fees directly and not by checkoff shall pay an amount equal to the full amount of agency fees reduced by the percentage of agency fees ascribed by the audit Report(s) (described in paragraph 7 above) to arguably non-chargeable activities (the latter amount referred to hereafter as the “non-chargeable amount”). An amount equal to 50% of the non-chargeable amount shall be placed in an interest bearing escrow account.

b. With regard to nonmember objectors who pay agency fees by check-off, promptly following receipt of the checked-off fees, the non-chargeable amount, both for the International and the Local that is utilizing this Agency Fee Objection Policy, plus an additional 50% of that amount, shall be placed in an interest bearing escrow account. Promptly following each calendar quarter, the non-chargeable amount for the preceding calendar quarter, plus the interest accrued thereon, shall be paid to each such nonmember Objector.

c. The International shall bill each Local for the monies return to objectors from escrow in connection with the Local’s arguably non-chargeable expenditures.


9. A nonmember objector may challenge the last audited breakdown of chargeable and arguably non-chargeable expenditures contained in the independent accountants’ Report(s) by filing a challenge with the International Secretary-Treasurer, together with notice to the employee’s Local Union, postmarked no later than thirty (30) days after mailing of the December issue of the EXPRESS that includes the Report(s).

a. All such timely challenges shall be referred to an impartial arbitrator appointed by the American Arbitration Association (“AAA”) under its rules for impartial determination of Union fees. TWU will request that the AAA appoint an arbitrator to promptly consider and make a determination regarding the challenges in a single consolidated hearing to take place in Washington, D.C.. TWU will provide the AAA with the names and addresses of the nonmember objectors who have filed timely challenges.

b. Challengers, the International and, if a participant, the Local Union(s) shall each bear its/their own costs related to the arbitration. The challengers shall have the option of paying a pro rata portion of the arbitrator’s fees and expenses; if they decline that option, the Union parties to the proceeding will pay the full fees and expenses of the arbitrator and not just their pro rata portion of such fees and expenses.

c. Challengers may, at their expense, be represented by counsel or other representative of choice. Challengers need not appear at the hearing for their challenges to be considered. Challengers who elect not to appear at the hearing may file written statements with the arbitrator, provided they do so by no later than the beginning of the hearing before the arbitrator. Challengers who appear but elect not to present evidence or otherwise participate in the hearing may also submit written statements at or before the beginning of the hearing.

d. Fourteen (14) days prior to the start of the arbitration, challengers shall be provided with copies of all exhibits or a list of all such exhibits that a Union party then intends to introduce at the arbitration and a list of all witnesses the Union party then intends to call, except for exhibits and witnesses the Union party may introduce for rebuttal. If copies of exhibits have not otherwise been provided, a challenger may request that the Union forward a copy to the requesting challenger(s) during this 14-day pre-hearing period. Copies of all exhibits shall also be available for review by challengers at the hearing.

e. A court reporter shall make a transcript of all proceedings before the arbitrator. This transcript shall be the only official record of the proceedings and may be purchased by the challengers. The parties shall be informed when the transcript is available for purchase and/or review. If challengers do not purchase a copy of the transcript, a copy shall be available for purposes of inspection by them at the Union party’s/parties’ headquarters during normal business hours.

f. The arbitrator may determine all procedural

matters affecting the arbitration consistent with the dual objectives of providing for an informed and an expeditious arbitration.

g. Each party to the arbitration shall have the right to file a post-hearing statement by no later than fifteen (15) days after the parties have been provided notice that the transcript has been completed and is available for purchase or review. Neither challengers nor Union parties may include or refer in the post-hearing statements to any evidence that was not previously introduced and accepted by the arbitrator during the arbitration proceeding.

h. The arbitrator, taking account of the record presented, shall issue a decision on the challenges to the validity of the auditor’s Report of the “chargeable” percentage of Union expenditures. The arbitrator’s decision shall be issued within forty-five (45) days after the final date for submission of post-hearing statements or within such other reasonable period as is consistent with the AAA rules and the requirements of law. The decision of the arbitrator shall be final and binding.

i. Upon receipt of the arbitrator’s award, the escrowed funds, as referenced above, shall be distributed in accordance with the arbitrator’s decision, with the remaining balance, if any, after any required payments to challengers, returned to the International’s or Local Union’s general funds.

10. The provisions of this Policy on Agency Fee Objections shall be considered legally separable. Should any provision or portion thereof be held contrary to law by a court or tribunal of competent jurisdiction, the remaining provisions or portions thereof shall continue to be legally effective and binding.


Following six years of negotiations and a convention resolution to stand with Allegiant flight attendants in their fight for a contract, TWU is pleased to report that Local 577 recently reached a tentative agreement with Allegiant Air.

The mandate from the delegates at the convention was clear, so the International got to work with the local in developing a multi-faceted, strategic contract fightback plan targeting Allegiant and its union busting executives.

Allegiant Air has long prided itself on its highly profitable, anti-worker agenda, pouring resources into unionbusting efforts. After years of negotiations, it became clear that the only way to compel this type of employer into settling a fair, equitable contract was to fight them strategically from several angles, including in the press, on the ground, at the bargaining table, and on social media. Eventually, it became clear to Allegiant executives that they had a choice to make: resolve this contract with the TWU or become the target of even more aggressive public attacks. Finally, the company came to the bargaining table. In other words: our tactics worked. We fought the bosses, and we demonstrated

our determination and resolve to keep fighting. As a result, we won a significant victory for our flight attendants.

The five-year agreement, which covers nearly 1,200 flight attendants, wins several key improvements for the crewmembers – who have been working with no contract – including pay raises of 16-33% over the life of the contract, an increased per diem, and advancements in sick leave, vacation, part-time, and scope-and merger policies. It also offers the members grievance procedures, compensation for extended delays, protection during furloughs and recalls, and an increase in training pay. Notably, it also improves health, safety and scheduling practices.

“For flight attendants, these are critical, necessary contract basics,” said Thom McDaniel, a TWU International Vice President who helped negotiate the deal. “Our Flight Attendants have worked hard and this necessary first contract recognizes their contribution, as well as the financial success and continued growth of Allegiant Air.”

The agreement addresses several membership priorities expressed after an initial tentative agreement failed to pass a membership vote

last year. This contract offers specific enhancements the flight attendants indicated were necessary.

“We heard their concerns, and we went back to the drawing board,” said TWU Air Division Director Mike Mayes. “This agreement reflects our commitment to listening to what our members need.”

Local 577 will take a ratification vote in the coming weeks after a full road show, which has been scheduled to educate members on the intricacies and details of the agreement.

“This is solid foundation to build the TWU at Allegiant Air,” said International President John Samuelsen. “Our members have earned this, and together, we fought to make them competitive with other low-cost carriers. The TWU will take on any airline trying to get rich on the backs of its workers, and we’ll negotiate you a contract that protects you.”

Moving forward, the TWU will bring the same commitment and determination to battles with every employer across all our industries. We have the resources, the strategic capacity, and the experience to take these fights on…and succeed.

Allegiant Air Flight Attendants Land Historic First Contract

Allegiant Air Flight Attendants (and fellow crewmates!) showing support during their contract fight!


“ My heart, and my history, will never be far from the work that has made up my career for the last several decades.”

As I settle into my new role as Secretary-Treasurer of this great union and adjust to a new and unique set of challenges in overseeing the financial health of a 140,000-member organization, I look forward to the next chapter of TWU.

Just a few months ago during our 25th Constitutional Convention, delegates adopted a number of important resolutions, and we set the agenda for the next several years. It was an agenda that embodies a wide range of important work we will embark all aimed at advancing the interests of the membership at a time of unrelenting attacks from those that seek to suppress and silence the voice of workers.

Our work in confronting the challenges before us will require significant resources, both in terms of finances, and in terms of investments in our efforts to maximize membership education and mobilization. From the day-to-day administrative tasks necessary to operate a union, to complex strategic campaigns that we have and will continue take on, resources are a key element. Fortunately, over the past four years as officers of this great union, we have taken steps to strengthen our finances, enabling us to respond to attacks on our membership. This turnaround made available resources that have allowed us to invest in critical staff, and engage in a number of strategic campaigns with positive outcomes. However, in the months ahead we anticipate difficult challenges that potentially bring significant financial impacts. As we confront these challenges, my primary focus as Secretary-Treasurer in this new chapter of TWU is to build upon the improvements made over the past four years and maintain a financially sound union.

On a closing note, my heart and my history will always be close to the Railroad Division work that has made up my career over the last several decades, and with the great group of local leaders in the Division. Moving on from the Railroad Division was a bit emotional, as it was my introduction to the labor movement the sources of years of memories. Nonetheless, it was not a difficult transition because the daily management of the Railroad Division is now in the capable hands of John Feltz, a longtime Railroad Division officer, both at the local and International level. Having worked with John for most of my Railroad Division years, I am confident his qualifications and dedication make him the perfect fit for Railroad Division Director. With the addition of Brian DeLucia to Division staff, I know the new leadership team will serve our local officers and membership with great pride and enthusiasm.

Gary E. MaslankaSecretary-Treasurer

The Next Chapter

Follow TWU on Twitter for the latest news and information from your union.

@transportworker

THE TRANSPORT WORKERSUNION OF AMERICA, AFL-CIO501 3rd Street, NW, 9th FloorWashington, DC 20001

NON PROFIT ORG.

US POSTAGEPAID

PERMIT 1028LONG PRAIRIE, MN

TWU-NY-12-11-17

WIRELESS DISCOUNTSExclusive Savings, Just for Union Members

CREDIT CARDSDesigned to Meet the Needs of Union Members

MORTGAGE PROGRAM Helping You Achieve Your Homeownership Goals

CAR RENTAL Get up to a 25% Discount on Car Rental Rates

★

★

Celebrate the New Yearwith Union

Member Only Benefi ts from

Union PlusVisit

unionplus.org

★

★

Designed to Meet the Needs of

unionplus.org

We are committed to improving the quality of life of working families through

our unique products and services.

Documents

TRANSPORT WORKERS UNION OF AMERICA, AFL …€¦ · Maslanka, International Administrative Vice President Jerome Lafragola and Railroad Division Director John Feltz, as well as International