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The 2005 New York City transit strike was a strike called by the Transport Workers Union (TWU) after negotiations for a new contract with the Metropolitan Transit Authority (MTA) broke down. The strike represented the bulk of the New York City Transit Authority's work force and affected millions of commuters. The strike lasted over 2 days, beginning at 3 ] local time on December 20 2005 and officially ending at 2:35 Template:PM on December 22.

This was the first transit strike in New York City since the 11-day 1980 strike and the third overall, beginning with the 12-day 1966 strike which began on January 1 when the newly elected mayor, John V. Lindsay, entered office. Like the 1980 strike, after the first 24 hours this action began to cause major disruption to the economy of a city that relies heavily on its public transportation system.

Though most employees were on strike as of the end of the second day, some did report to work and the MTA issued a letter to its employees asking them to return .

General

Local 100 of the Transport Workers Union, Local 726 (Staten Island) and Local 1056 (Queens) of the Amalgamated Transit Union walked off the job around 3:00 AM local time on Tuesday, December 20, 2005, after contract talks broke down during the night, and union negotiators left the bargaining table. The strike continues. However, a state mediator has been meeting with both sides. The union president is going to recommend to the board that the workers return to work.

The strike was illegal under the provisions of an addition to New York State Civil Service Law called the Public Employees Fair Employment Act, more commonly called the Taylor Law, which has been in effect since September 1, 1967. It prohibits municipal workers from striking and provides alternative means for dispute resolution. The law provides for penalties including imprisonment of union officials, and fines against the union and individual striking workers. Judge Theodore Jones ruled on the afternoon of Tuesday December 20th that the Transport Workers Union was in contempt of two court injunctions ordering it not to strike, and he ordered that the union be fined $1 million per day beginning Tuesday.

The International TWU has issued a statement demanding that Local 100 TWU members return to work immediately, in light of the court injunction and the illegality of the strike. This statement legally removes culpability from the International TWU in regards to fines levied by the courts.

No negotiations were held between the night of December 19th, when the talks broke off on, and December 21st. During this period of time, both sides went to court to argue their cases. The MTA has suggested binding arbitration as a possible solution, but the union has rejected this. Such a resolution could be imposed if the state's Public Employment Relations Board declares a formal impasse between the union and the MTA.

At 1:00 a.m. on December 22nd, the TWU leadership and the MTA were both present in the Manhattan hotel, talking individually with the state mediation panel. At this time, it is unclear if the TWU and MTA conversed face-to-face. However, the TWU and MTA have agreed to resume contract talks and the TWU would take steps to direct its membership to return to work. Both parties agreed to a press blackout during contract talks.

Pre-strike negotiations

The previous contract between MTA and its workers expired December 16, 2005 12:01 AM EST (05:01 UTC). In order to settle a new contract, the MTA and the Transport Workers Union, led by Roger Toussaint, were in negotiation. Unable to reach an agreement, the TWU extended the deadline to December 20. The union decided to strike, since the 12:01 AM EST (05:01 UTC) December 20 deadline was not met.

A "limited strike" began on two private bus lines (Jamaica Buses Incorporated & Triboro Coach Corporation) on Monday, December 19. The reason private carriers were chosen for this "limited strike" is that they are not covered under New York State's Taylor Law, which calls for heavy penalties for striking unions and employees; therefore this strike action would not trigger a Taylor Law confrontation.

Full strikes on subways and buses began on Tuesday, December 20th, 2005. The strike was announced by the union and took effect at 3:00 AM EST (08:00 UTC) December 20. After the announcement, it took approximately 1.5 hours for trains to finish their runs and return to the storage yards.

In the days leading up to the transit strikes, critics and supporters alike contended that any labor action would affect mainly low-income minorities, which indeed turned out to be an actual hardship for low-income Queens residents during the "limited strike".

Demands and counteroffers

The TWU is demanding that all members of the union receive an 8% salary increase per year for each of the 3 years of the contract, plus more expensive accomodations for maternity leave, and more money to spend on station maintenance. The MTA has offered a 3% raise the first year, a 4% raise the second year, and a 3.5% raise the third year. The striking workers reportedly earn an average of about 48,000 USD annually, yet perform mostly unskilled labor.

The TWU also wants to lower the age of retirement (at which point the employee is eligible for a full pension) from 55 to 50. The MTA had wanted to raise the retirement age for newer workers from 55 to 62, but dropped this demand in exchange for pension contributions from new workers of 6% of gross salary per year for the first 10 years of employment. Under the previous contract, workers contribute 2% to their pension plan.

Citing the rising cost of health care, the MTA wants new employees to contribute 1% of their salary to pay for health insurance. Transit workers currently pay nothing for health insurance.

At the last minute, the MTA offered a 3.5% per year raise and no change in the retirement age, with the caveat that new transit workers pay 6% of their wages into the pension fund, up from the 2% that current workers pay. The offer was rejected, and a strike declared.

Combined, the pension and healthcare reforms the MTA seeks would cost about 30 million USD over the span of the three-year contract. Critics have lambasted both the MTA and TWU for allowing a strike to occur over such a relatively small sum. However, the pension costs would balloon to 160 million USD in the first 10 years, and 80 million USD per year after 20 years. The MTA claims that its reluctance to give in to the TWU on this point stems from fear of future deficits (projected to be 1 billion USD by 2009).

Possible resolution

At a news conference the morning of December 22, it was announced that the state mediator had reached a preliminary agreement between the MTA and a TWU team including Roger Toussaint for transit workers to return to work for a time without a contract. Progress has also been made on the pensions issue. The agreement has yet to be approved by the executive board of the TWU local, and in the meantime workers are slowly beginning to restore services, with the subway perhaps being ready for the December 23 morning rush hour.

Average MTA salaries

Salary figures for skilled labor (e.g. electricians, carpenters, mechanics) within the Authority are comparable to those listed above. According to the Bureau of Labor Statistics, the mean annual income for all "Transportation and Material Moving Occupations" in New York City is $36,310 and the mean annual income in New York City is $49,670.

Strike consequences

If the strike continues the city stands to lose $400 million USD on Tuesday - the first day of the strike - and $1.6 billion USD during its first week ($300 million USD on Wednesday, Thursday & Friday; $100 million USD on Saturday & Sunday combined and $200 million USD on Monday). Emergency services response time could be slowed significantly due to increased traffic congestion, possibly creating a danger to life. Retailers could lose a tremendous amount of business in the middle of their busiest season, and the tourism industry could be affected.

The same day that the strike started, State Justice Theodore Jones warned the transit union that there would be a 1-million-dollar fine for every day that the Transit Authority is shut down. In addition, for each day the workers missed during the strike, they would be fined two days' pay (their regular wages for the day plus a one day penalty). Justice Jones is also considering imposing an additional $1,000 per day of fines of the union leaders, as well as the possiblity of jail time for union leaders.

Legal representatives for the city are currently presenting arguments before State Supreme Court Justice Theodore Jones requesting individual penalties of $25,000 per day, per public transit worker striking. And an additional $22 million per day for economic damages as estimated by the mayor resultant to lost tax revenue and overtime required for increased law enforcement. There are between 32,000 and 34,000 strikers.

Contingency plans

In anticipation of exceptional traffic volumes, an emergency traffic plan was put into effect shortly after the strike officially began. Weekdays from 5 a.m. to 11 a.m., Manhattan south of 96th street, as well as all MTA tunnels and bridges, are subject to HOV4 restrictions; that is, vehicles must contain a minimum of four passengers, and commercial trucks and vans are prohibited. To increase car capacities, carpool staging areas have been set up. Alternate side of the street parking rules have been suspended.

Taxis will be permitted to pick up multiple fares, and will operate on a zone system rather than metered fare. Manhattan is divided into four zones, with one zone for each of the other four boroughs. Currently, travel within one zone averages $10 a person.

Public schools are starting two hours later than usual, with school bus pickup times also two hours later than normal. Some private schools are having no school. Major universities have provided extended shuttle service to students, faculty and staff.

Multi-day passes will be extended day-for-day based upon duration of the strike. The Long Island Railroad and Metro-North Railroad are charging a strike fare of $4.00 for intracity travel.

In addition Metro North Commuter Railroad has a special East Bronx shuttle (making all Harlem Line stops from Mount Vernon West to Grand Central Terminal, but bypassing Tremont and Melrose) by December 21st. Regular peak trains will not stop in the Bronx. There are similar plans on the Hudson Line, and in addition there will be a special park and ride near Yankee Stadium. The New Haven Line should run normally, stopping at Fordham only in the Bronx, as usual.

Commuters are being encouraged by the city to walk or bike to work; many bridges will be open to pedestrian traffic, including the Triborough Bridge, Manhattan Bridge, and George Washington Bridge for commuters from New Jersey. Some commuters refused to leave for work.

Public response

According to a NY1 News poll, 41 percent of New Yorkers think both the MTA and the Transport Workers Union were to blame for the strike. About 27 percent solely fault the MTA, while 25 blame the union for the walkout; 54 percent of New Yorkers think what the union wants is fair compared to 36 percent who do not. But race was also shown to play into this result: Less than half, 38 percent, of white New Yorkers think the TWU's demands are fair, while nearly three-quarters of both African-American and Latinos agree with the TWU's proposals. Three times as many white New Yorkers said the union is more to blame for the strike than African-American New Yorkers.

As for Mayor Bloomberg's handling of the crisis, 51 percent say he did not so good or poor, while 45 percent say it's been great or good. Governor Pataki yielded more blame, with 69 percent saying his performance has been not good or poor, and just 23 percent saying it's been great or good.

See also

• New York City Subway
• MTA New York City Transit buses
• MTA Bus
• Manhattan and Bronx Surface Transit Operating Authority

Sources

• MTA Strike Contingency Plans
• New York City Strike Contingency Plan
• Authorized Taxi Fares
• Transport Workers Union, Local 100
• TWU 100 Blog. The Transport Workers Union Local 100 provides up-to-date posts on the status of the strike.
• Amalgamated Transit Union Local 726

• Current events
• New York City history
• History of transportation in New York City
• Labor disputes
• December 2005 news
• New York City Subway history