June 2016

The TMBA, on behalf of some of its members, commenced a lawsuit in the Supreme Court of the State of New York, challenging the NYC Transit Authority’s determination to apply the compression adjustment to them into their position.

The Transit Authority guide to managerial compensation has been issued by the Division of Human Resources at New York City Transit. A provision addresses the issues of compression adjustments.

It indicates that the goal of the compression program is to maintain an appropriate salary gap between representative operating supervisors and their managers.

The Transit Authority established a compensation unit to annually review the compression flaws and to make any adjustments needed to make the appropriate salary differentials based upon the then collective bargaining agreements in existence.

A provision indicates that “eligibility”, which establishes three criteria:

  1. Assigned to an operating managerial position;
  2. Be assigned to certain support functions that require operational background, experience and are performed in an operation environment.
  3. Have received a most recent performance evaluation of at least good or excellent.

Some TMBA members the authority determined were not operating in a managerial position and therefore not entitled to a compression adjustment.

The lawsuit challenges the Authority’s determination, as the TMBA members believe that they fit all the criteria, therefore should be given the compression adjustment.

The lawsuit that was commenced sets forth all of the rights of the plaintiffs and that the NYC Transit Authority has acted improperly.

It requests damages, compensation and reasonable attorney’s fees.

On another issue, I also wanted to report to the membership that we are continuing our long-standing case on behalf of MTA Bus Company managers seeking equality in their quest to have a pension and a pension that is similar to those brothers and sisters that work along side with them.

TMBA has vigorously undertaken their efforts and will continue to fight against this injustice and inequality.