US Legislative Report

    Focus on Upstate New York: A Seat at the Table

    Transit systems throughout the U.S. will be facing some tough decisions in the near future.

    Most experts believe that we are headed for a recession, and when the economy suffers, local governments really feel the pinch of decreased tax revenue.

    Transit systems generally react by raising fares and cutting service. Sometimes the service that gets cut could simply be improved by slight changes in route structure. Unfortunately, these decisions are usually made by people who sit on the boards of public transit agencies – most of whom have never ridden a bus.

    Until now.

    The ATU New York State Legislative Conference Board won a major legislative victory in 2007 with the passage of a bill that will add a nonvoting member to the four transportation authorities in the upstate region. This person will be recommended to the governor by the ATU, the labor organization representing the majority of the employees of those authorities. As a result, representatives from Locals 1342-Buffalo, NY; 282-Rochester, NY; 580-Syracuse, NY; and 1321-Albany, NY, will now have a seat on the board of their respective transit agencies.

    Three-Year Battle

    This was not an easy campaign; the bill was the product of a three-year battle. In 2005, it passed the state assembly on the last day of the legislative session, only to die in the senate. The following year, while both houses passed the bill, then-Governor George Pataki, R, vetoed a package of labor bills which included the board bill.

    “After we worked so hard to get that bill done, we were terribly disappointed when the governor vetoed it,” said Elias “Babe” Amash, long-time chair of the conference board. “We knew we had to start over, and that meant getting Eliot Spitzer elected.”

    New Governor Elected

    With the strong support of the New York State AFL-CIO and the ATU, Spitzer, D, was elected in a landslide victory in November 2006. The new governor signaled that he would sign the ATU board bill if it reached his desk. Knowing that they no longer had an ally in the executive mansion, the New York Public Transit Association (the management group representing the state’s transit authorities) then turned up the heat in the legislature.

    They told lawmakers that carving out board seats for labor representatives would initiate a process that would likely have to be extended to other constituencies. “There are many other special interest groups – such as physically challenged people, transit dependent people and senior citizens – that have at least as much interest in transit board governance as labor unions,” the association claimed.

    They also said that management and labor are often necessarily at adverse positions, and “arm’s length” negotiation, which is the foundation of management/labor cooperation, would be compromised by requiring that labor representatives become policy board members.

    ATU pressed on, however, making the case that the bill was long overdue.

    In New York City, three labor representatives have been sitting on the board of the Metropolitan Transportation Authority since 1992. This arrangement has worked extremely well. The conference board noted that transit workers are particularly helpful on issues involving transit operations, safety, security, and the implementation of new technology.

    ATU’s Argument Won

    The ATU’s argument won out. The legislation passed again, and true to his word, Governor Spitzer signed the bill, which is effective in July of this year.

    “Our hard work and patience finally paid off,” concluded Amash. “Now, if you want to address one of these ATU representatives, you have to call them Mr. or Ms. Board Member. I hope it doesn’t go to their heads,” he joked.

    With early access to board information, and a voice at the table, ATU representatives should be in a better position to respond to proposed service changes and many other matters pending at the authorities.

    New York became the first state to enact this bill, which was highlighted in the ATU’s State Legislative Agenda, “Exact Change,” back in 2006.

    The bill is currently pending in Washington State, and other ATU legislative conference boards are considering the bill for their states.