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October 24, 2008

TWU loses dues check-off appeal

The union that nearly crippled New York City in 2005 with an illegal transit strike got no mercy from an appellate court, which upheld a financial penalty imposed by state Supreme Court Justice Bruce Balter.

The Appellate Division last week rejected the Transport Workers Union (TWU) Local 100's appeal of Balter's decision suspending the union's right to automatic dues check-off until it vowed not to strike again.

The Chief reports (link here for the newspaper's subscribers only):

"Considering the extent of the union's willful defiance of the Taylor Law in conducting the 2005 strike, as well as the strike's impact on the community and the union's history of destructive, patently illegal strikes, the court was justified in requiring more than an affidavit by the union's president stating only, in effect, that the union did not assert the right to violate the law," the panel's decision said.

The court modified Justice Balter's ruling, saying that each member of the union's executive board did not have to swear off striking, and instead instructed the union to "submit a duly-authorized affirmation stating unequivocally that the union does not assert the right to strike against any government, to assist or participate in any such strike, and that the union has no intention" of conducting or aiding illegal strike efforts.

As a penalty for its illegal strike, 16 months ago the TWU lost its right to have dues automatically deducted from its members' pay checks. Since then, only about half of the members are voluntarily paying dues, which is straining the union treasury.

The union's current contract expires in January 2009.

For background on TWU internal politics, see here; on the Taylor Law, see here.

Posted by Lise Bang-Jensen

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