John Samuelsen at the May Day march. (Photo: Hunter Walker)

Transit Workers Union Local 100 President John Samuelsen doesn't want members of his union to help the NYPD transport protesters arrested at Occupy Wall Street's May Day demonstrations. Mr. Samuelsen marched with Occupiers and union members from Union Square to Battery Park this evening and, at the end of the route, he made a speech where he urged transit workers to "resist orders" given by "the screws" to drive buses full of arrested protesters. 

Mr. Samuelsen, whose union has been locked in bitter contract negotiations with the MTA since January, finished his speech by referencing this week's now infamous living wage bill rally where a protester angered Michael Bloomberg's ally, Council Speaker Christine Quinn, by calling the mayor "Pharaoh."

"We don't transport political prisoners arrested by Pharaoh Bloomberg!" he said.

At last October's Brooklyn Bridge march the NYPD where 700 protesters were arrested, the NYPD commandeered three city buses to carry arrested demonstrators. TWU subsequently went to court to fight against the city making them help trasnport arrested protesters. According to the NYPD, "approximately 30" protesters have been arrested so far on May Day.

TWU Local 100 President John Samuelsen. (Photo: YouTube)

The Transit Workers Union Local 100 is holding a daylong "reclaim public transit" event tomorrow in conjunction with Occupy Wall Street and the Working Families Party, against the backdrop of their protracted contract negotiationswith the Metropolitan Transit Authority. According to the statement announcing the event, it is designed to "highlight funding and infrastructure needs of public transportation across the nation" and "raise awareness about how public transit supports good jobs, sustainable communities, a greener environment and reduced consumption of oil." Tomorrow's event will include a pair of press conferences as well as leafleting and petitions calling on the MTA to "reoccupy" underutilized buildings in Downtown Brooklyn in order to cut costs.

TWU Local 100 remains engaged in protracted contract negotiations with the Metropolitan Transit Authority. Technically, the union's contract expired in January, but both sides agreed to continue talks past the deadline. Last time Local 100's contract expired in 2005, the union went on a strike that cost them millions of dollars due to penalties imposed under the Taylor Law, which bars New York's public employees from going on strike.

Occupy Wall Street is planning a general strike on May 1, but the occupiers have reportedly had trouble convincing unions to join them. Late last month, occupiers took responsibility for chaining open gates at several subway stations and posting flyers advertising the general strike and "free entry." Though Occupy Wall Street claimed workers from Local 100 cooperated with the free ride protest, the union denied any involvement.

John Liu discussing the investigation into his fundraising with reporters this evening in Harlem. (Photo: Hunter Walker)

Embattled Comptroller John Liu appeared at the Transport Workers Union Local 100 Black History Month celebration in Harlem tonight where he briefly addressed the ongoing investigation into his fundraising that resulted in the arrest of his mayoral campaign treasurer, Jenny Hou, yesterday. During a brief conversation with reporters following his speech at the event, a smiling Mr. Liu said he plans to remain in office in spite of the scandal.

"I'm just past my halfway point of my term as City Comptroller," he said.

Mr. Liu discussed his intention to stay in office after Capital New York's Azi Paybarah asked him about City Council Speaker Christine Quinn's rather noncommittal response to the question of whether Mr. Liu can continue on as an effective comptroller.

"That's a question that Comptroller Liu is going to have to answer," Ms. Quinn said

Mr. Liu said he's been doing his job "vigorously" and has no intention of slowing down.

"I've been doing my job vigorously. We're going to continue to go after waste in city spending, we're going to audit city agencies to maximize the effectiveness of taxpayer's dollars, invest the pension assets and access the capital markets to underwrite our bonds and continue to do the work of the comptroller's office. And it's a privilege to be in this office."

Ms. Hou is the second person arrested in conjunction with the investigation into Mr. Liu's fundraising. His donor Xing Wu "Oliver" Pan was arrested in November. Both are accused of participating in a scheme to use straw donors to funnel illegal contributions to Mr. Liu's campaign committee. Prior to the scandal, Mr. Liu was widely expected to run for mayor in 2013. Yesterday, he admitted he is reconsidering his mayoral ambitions.

The Politicker asked Mr. Liu about reports his aide, Mei Hua Ru, who recruited the 25-year-old Ms. Hou to be his campaign treasurer, was the primary conduit between his campaign and his donors. He declined to comment.

"You'd have to show me what you are talking about. Thank you," Mr. Liu said before walking away.

Watch a video of Mr. Liu's brief remarks to reporters below.

TWU Local 100 President telling reporters the MTA engaged in "bad-faith bargaining" by negotiating in the press. (Photo: Local 11)

Transport Workers Union Local 100, which represents the people who operate the city's subways and buses, has pulled out of contract talks with the Metropolitan Transportation Authority. In a statement released today about their departure from the bargaining table, Local 100 accused the MTA of "negotiating in the press" in "a shocking violation of good faith negotiation tactics."

"Negotiations were to resume on Thursday, January 19. That morning, an article appeared in the NY Daily News presenting givebacks that the MTA would be asking for at the meeting. This was a shocking violation of good faith negotiating practices and of a specific agreement with management to refrain from negotiating in the press," the statement said. "This move, the second time in three days that management had seeded the press with its claims, poisoned the atmosphere for negotiations. Local 100 presented its protest and then cancelled the remainder of the bargaining session in order to clear the air before negotiations continued."

TWU's statement didn't just accuse the MTA of planting the story. It also said the information contained in the story was inaccurate.

"Despite reports planted by the MTA in the media, only two wage proposals have been made. The MTA is 'offering' 0-0-0-2-2," the statement said. "That is, a 5-yr contract with a 3-yr wage freeze and a 2% raise in the 4th and 5th year. These terms mirror the deal accepted by two big unions of NY state workers."

Local 100's contract with the MTA expired Monday making this the first time the TWU hasn't had a contract since the infamous transit strike of 2005. Both sides agreed to keep talking after the deadline, but if either party declares an impasse the negotiations will head into binding arbitration. According to the TWU statement, "some progress" has been made on "departmental issues, but discussions of wages and health benefits still have a long way to go."

"The MTA is clearly under pressure to railroad us into an agreement on their terms or, failing that, to force the contract into snap arbitration, cutting short the negotiating process. We are not going to be railroaded," the TWU statement said. "We are committed to achieving a fair contract -- one that exceeds the terms accepted by the state unions -- at the negotiating table. But we are not going to sit still while management attempts to frame the negotiations in the press before they even take place. This is just a way to pressure us into unwarranted concessions."

In another Daily News story, the MTA denied planting the Daily News story. TWU John Samuelsen aired his outrage about the MTA's alleged communications with the press in a press conference of his own yesterday.

"That’s an outrage. It’s disingenuous," Mr. Samuelsen said.

Despite their harsh words for the MTA, the TWU said they "look forward to returning to the bargaining table."

"We want to make progress in the negotiations. That is why we halted talks on the 19th, and why we expect to resume talks in an improved atmosphere."

Governor Andrew Cuomo (Getty)

Governor Cuomo appeared at the Riverfront Library Auditorium in Yonkers this morning to present his executive budget message and, during a Q&A after the presentation, The Politicker asked whether he's optimistic the Metropolitan Transportation Authority will be able to reach a deal on a new contract with Transit Workers Union Local 100, which represents the people who operate New York City's subway and bus system.

"You know I'm leaving that up to the MTA and Joe Lhota," Governor Cuomo said. 

Local 100's contract expired at the stroke of midnight on Monday. This is the first time that the union has been without a contract since 2005, when transit workers went on strike for just under two days, but MTA Cchairman and CEO, Joe Lhota, who was appointed by Governor Cuomo last October, and Local 100 President John Samuelsen have agreed to continue talks past the contract deadline.

If the two sides are unable to make a deal it could result in binding arbitration or another potential work stoppage by the union.

There are several sticking points in the negotiations. The MTA, which is a state agency, wants Local 100 to agree to a five-year contract rather than the traditional three-year term. While the union wants wage increases pegged to the rate of inflation, the MTA wants pay for transit workers to remain flat for the next three years. Local 100 is also against MTA proposals on vacation days, sick time, part-time bus drivers and a new classification for station cleaners.

Despite the disagreements, a strike seems unlikely this time around and, yesterday, Local 100 spokesman Jim Gannon told The Politicker he believes Mr. Lhota and Mr. Samuelsen have a relatively good relationship.

“With Lhota so far, I mean, you know, when I say John likes him, maybe that might be strong. But I think he respects him and he thinks that Lhota’s honest and not a phony," Mr. Gannon said. "He thinks he’s genuine, he’s not a bullshitter.”

Though Governor Cuomo stopped short of expressing optimism the two sides will come to an agreement, he's confident he chose the right man for the job of negotiating with the union.

"I am optimistic that Joe Lhota's the right man to handle the situation," Governor Cuomo said.

John Samuelsen speaking at the Local 100 rally Sunday night. (Photo: YouTube)

As the Giants fought the Packers in the divisional playoffs Sunday evening, another battle was unfolding at the Sheraton Hotel in Midtown, where the Metropolitan Transportation Authority held an all-night session of contract negotiations with the Transport Workers Union Local 100, which represents the people who operate the city’s subways and buses.

Outside the hotel, the union held a raucous rally, where hundreds of members gathered in the freezing cold to hear their president, John Samuelsen, give a defiant speech about the contract talks. A pair of big-screen TVs broadcast the football game to the crowd. In addition to the winter chill and periodic cheers for the Giants, the threat of a crippling transit strike hung heavy in the air.

At the stroke of midnight, the current TWU contract was set to expire. Transit workers in New York haven’t been without a contract since 2005, when talks collapsed and former Local 100 president Roger Toussaint led workers on a strike that lasted just under two days and left millions of New Yorkers stranded in the icy, winter weather. This time around, both the MTA and the TWU agreed to continue talks after the current contract expired, but Mr. Samuelsen’s fiery speech at the rally made the prospect of an amicable agreement seem remote.

“I came out from the hotel, I’ve been bargaining for the better part of the last 48 hours. Coming out to this crowd, coming out to this level of support in the ice cold has completely reinvigorated me,” Mr. Samuelsen said. “I’m going to go back into that hotel and I’m going to tell the chairman of the MTA, I’m going to tell the governor to take their petty demands and shove it, because TWU Local 100 is not going to agree!”

On stage, Mr. Samuelsen outlined the various sticking points preventing an agreement between the union and the MTA.

“They’re attacking our health benefits. They want us to give them five unpaid vacation days, five of our hard-earned vacation days. They want to just take them. They want to establish part-time bus operators,” Mr. Samuelsen said. “They want a new, harsher sick control policy and a series of changes to our differential pay to make it impossible to take care of our families when we get hurt making this city move. … They’re attacking our ability to earn overtime, they’re demanding widespread changes for new workers including the creation of a permanent underclass in stations and CED for cleaners. That’s not going to happen on my watch.”

In addition to this litany of complaints, the main issue the union has with the MTA’s proposed contract involves pay raises. The TWU wants their wage pegged to the rate of inflation, which was approximately 3.4 percent last year, while the MTA wants pay for transit workers to remain flat for the next three years. Union members derisively refer to this element of the MTA’s proposal as the “three zeroes.”

“I said it once before and I’ll say it again: We’re not eating the three zeroes that Governor Cuomo thinks that we should eat,” Mr. Samuelsen said as he rallied his troops. “Our operators, our conductors, we’re not selling them down the river so that Governor Cuomo and the MTA can assist in balancing the budget on the backs of Local 100 members. We’re not going for it.”

Cheers erupted from the crowd as Mr. Samuelsen left the stage and returned to the Sheraton surrounded by his entourage of burly union members. Inside, the lobby was a strange mix of tourists, uniformed flight attendants and pilots en route to the airport, union workers wearing T-shirts inscribed “We Stand as One” and local politicians who stopped by to check in on the proceedings. During the course of the evening, The Observer spotted City Council members Melissa Mark-Viverito, Ydanis Rodriguez, Tish James and Robert Jackson. Comptroller John Liu and the Assemblymen Karim Camara and Hakeem Jeffries also made cameos.

Negotiations took place in a basement conference room. A pair of MTA security guards wearing suits and gold lapel pins guarded the doors, but we were able to make it to an adjoining room where some of the lower-ranking union leadership watched the football game as they awaited periodic updates from the talks.

“The Giants are going to the Super Bowl!” Councilman Jackson proclaimed as he walked into the room.

Eventually, the security team realized they had a reporter in their midst and we were escorted back to the lobby. Evidently, we didn’t miss much. A source who came from the talks informed us that it didn’t look like the late-night negotiations would result in a deal. By the next morning, there was indeed no replacement for the expired contract.After the all-night negotiation concluded without a new contract, talks continued Monday at MTA headquarters downtown. Under the Taylor Law, a New York statute that defines the rights and limitations of unions in the state, the negotiations will move into binding arbitration if one of the parties involved in the talks declares an impasse. Jim Gannon, a spokesman for Local 100, told The Observer he doesn’t think either side is in a rush to end the negotiations.

“I don’t think there is a deadline as long as it’s in good faith and they’re agreeing on things. We don’t have a deadline,” Mr. Gannon said. “I don’t think they have a deadline either.”

The union would rather see both sides reach an agreement than enter arbitration.

“One reason we’d rather not go to binding arbitration is, in binding arbitration the members don’t get to vote on the agreement they’re going to be living under,” Mr. Gannon said. “So we would much prefer to have a negotiated settlement.”

A spokeswoman for the MTA declined to comment on the TWU talks.

Though sources told us a strike or other work slowdown could be possible as a last resort, if the MTA isn’t willing to make any concessions, there are several differences between the current talks and the 2005 negotiations that make a work stoppage much less likely. In 2005, the MTA entered negotiations with Local 100 shortly after announcing a $1.04 billion budget surplus. This year, the agency is operating with a deficit of $68 million.

Mr. Gannon said that, while the TWU understands the economic realities facing the MTA, they aren’t going to tolerate being taken advantage of.

“It’s almost like they said, ‘This is a good time to throw the kitchen sink at them, because the economy sucks. Here’s our chance to get everything we ever wanted in the history of transit bargaining,’” Mr. Gannon said.

This year’s cast of characters around the bargaining table is also different than in 2005. Mr. Samuelsen was elected union president in 2009. He was a longtime rival of Mr. Toussaint, the outgoing president who led the strike seven years ago. There is also new leadership at the MTA. Current MTA CEO and chairman Joe Lhota was appointed by Governor Cuomo in late October after his predecessor, Jay Walder, decamped to Hong Kong to take a job as CEO of MTR Corporation Limited, which owns and operates the Hong Kong MTR metro system.

According to Mr. Gannon, Mr. Samuelsen and Mr. Lhota enjoy a much better relationship than the union had with the previous administration.

“Just on a personal level, between him and John, if it was Walder and John, I think it would have been very, very difficult for them to get an agreement,” Mr. Gannon said. “With Lhota so far, I mean, you know, when I say John likes him, maybe that might be strong. But I think he respects him and he thinks that Lhota’s honest and not a phony. He thinks he’s genuine, he’s not a bullshitter.”

The 2005 strike was also a gamechanger. Though the TWU managed to wrangle an 11 percent wage hike over three years from the MTA, it paid dearly for the raise. Under the Taylor Law, public employees are barred from going on strike. Penalties for the 2005 work stoppage included several days in jail for Mr. Toussaint and suspension of a program that automatically deducted union dues from members’ paychecks. This cost Local 100 millions.

“We got the dues checkbook back, but we’re still under an injunction and it could be lifted again at any moment,” Mr. Gannon said. “We’re still owed $8 million in back dues. A significant portion of the membership is in bad standing because of nonpayment of dues. It’s a totally different atmosphere.”

After a day off Tuesday, the TWU and the MTA are set to return to the bargaining table to plan a regular schedule for further talks. An imminent contract deal seems highly unlikely, but thankfully for city commuters, so does another transit strike.

hwalker@observer.com

John Samuelsen speaking at the TWU rally. (Photo: Hunter Walker)

As the MTA's contract with the Transport Workers Union Local 100 was set to expire at midnight last night, hundreds of workers gathered in the bitter cold outside the negotiations at the Sheraton Hotel in midtown for a raucous rally where they were joined by several local politicians.

"I've been bargaining for the better part of the last 48 hours," TWU Local 100 President John Samuelsen said. "I'm going to go back into that hotel and I'm going to tell the chairman of the MTA, I'm going to tell the governor to take their petty demands and shove it."

As the state faces a looming deficit, Mr. Samuelsen said Governor Cuomo and the MTA are attempting to balance the budget "on the backs of Local 100 members" by taking five vacation days, creating part-time bus operators, limiting overtime and not granting a pay raise, among other sticking points.

"This railroad and bus system management, they still think they're in the 1880's. They still treat us like were in the 1880's and we need to to bring them--we need right now in this contract fight, to bring them up to speed a little bit and let them know we're in the 21st century," Mr. Samuelsen said.

Prior to Mr. Samuelsen's appearance at the rally, which also included a tribute in honor of Martin Luther King Day, the crowd heard statements of support from City Council members Melissa Mark-Viverito, Ydanis Rodriguez and Tish James.

"We are here to support the leadership of TWU and to support all of you, because this is the best way to continue Martin Luther King's dream," Councilman Rodriguez said.

Both Councilwoman Mark-Viverito and Councilwoman James invoked the Occupy Wall Street protests in their speech to the TWU crowd.

"You keep this city running and we want to make sure that we support each and every one of you," Councilwoman Mark-Viverito said. "The 99% is kicking, the 99% is saying, 'We're not going to take it anymore, we're not going to give back anymore.'"

"We have to give homage to Occupation Wall Street who talked about the growing disparity in the city of New York and throughout this nation," Councilwoman James said. "Those discussions are out front and it's because of all of you working families, working individuals in the city of New York who deserve a fair contract, who deserve a living wage to sustain your families. That is why we are out here this evening in the cold and I'm glad its cold out here because it reminds us of our struggle."

Former Comptroller and 2009 mayoral runner-up Bill Thompson also addressed the rally.

"Times may be tough, but you know something, they're tough for everybody and those who work hard to make this city go need to be treated fairly," Mr. Thompson said.

Afterwards, Mr. Thompson told The Politicker that he thinks the TWU workers deserve something after years without raises, but he also believes newly-appointed MTA chairman Joe Lhota is trying to find a just solution.

"We're looking at contracts on a state level where people have taken zeroes for two or three years. I don't know if there's a possibility within the confines of finding something, but I know that those on the MTA board and the head of the MTA--I've known Joe Lhota to be a fair person. So, I'm sure he's trying to do his best also," Mr. Thompson said.

Later in the evening, current Comptroller John Liu also arrived to address the rally. Mr. Liu told The Politicker he believes the state should provide more funding for the MTA.

"If you look at the national average, on average passengers, transit riders pay for between 40 percent to 45 percent of the actual cost of their rides, whereas in the city of New York, it's something more like 60 percent. So, as much as we advocate for and say how good mass transit is for the city as a whole, for the economy and for the environment, we're not putting our money where our mouth is," Mr. Liu said. "And to really encourage people to ride and to shore up the MTA finances the state, as it is a state agency, should try to do more."

Back inside the hotel, negotiations continued through the night. Many of the participants booked hotel rooms and seemed prepared for the long haul. Sources close to the talks told The Politicker it was unlikely a deal would be reached during the night. Though the contracts expired at midnight, both sides have agreed to continue negotiating. The TWU contract last expired without an agreement in 2005, leading to a transit strike.