JUDGE UPHOLDS TWO WAGE INCREASES WON AT ARBITRATION!
"Judge Denies M.T.A. Bid to Set Aside Raises
Published: December 12, 2009
A State Supreme Court judge in Manhattan has denied a petition by the Metropolitan Transportation Authority to set aside substantial raises for transit workers that were awarded by an arbitration panel in August.
The decision by the judge, Justice O. Peter Sherwood, was released on Friday, and will put further financial pressure on
the beleaguered authority, which on Monday is expected to recommend a series of measures, including service cuts, to make
up a shortfall of about $340 million in its budget.
“We are extremely disappointed by this decision, which will force the M.T.A. to pay wage increases that are inconsistent
with the economic crisis in New York,” the agency said in a statement Saturday. “The ruling will have severe financial
impacts on the M.T.A. budget, coming on the heels of a state budget cut and reduction in payroll tax proceeds.” The
statement added that the decision would add $200 million to the agency’s costs by 2011.
John Samuelsen, the incoming president of Transport Workers Union Local 100, the transportation authority’s largest union, called the ruling “a big win for us.”
The question of raises went to an arbitration panel in January after the authority and the union failed to reach agreement
on a new contract.
Long before the impasse, the Bloomberg administration granted 4 percent annual raises to many of the major unions representing
city employees. The arbitration panel cited those agreements when it granted raises of 4 percent for both 2009 and 2010. But
Mayor Michael R. Bloomberg, who controls four votes on the authority’s board, sharply criticized the raises, arguing that the agency should not
be forced to pay higher labor costs during a fiscal crisis.
The authority appealed, arguing that the panel had failed to firmly establish its findings and did not take into account
the “interest and welfare of the public” and other criteria.
“In the current economic environment, the award of wage and benefit increases over three years of approximately 11.5
percent is a rich package but not unique,” Justice Sherwood wrote in his decision. He also said that “the court
may not second-guess the decision of the arbitration panel.”
“The court has limited authority in this case,” he added.
Mr. Samuelsen said it was wrong for the city to oppose the wage increases after a pattern had been set in other negotiations.
He added that he hoped the transportation authority would now release the money.
Jeremy Soffin, a spokesman for the authority, said it was not immediately known if the decision would be appealed.
By TOM NAMAKO, Transit Reporter - The New York Post
The money train has pulled in the station for rank-and-file TWU members.
The cash-strapped MTA -- already in a multi-million dollar hole for next year -- will now be set back an additional $100
million in 2010 after a judge yesterday awarded the 35,000-member union a series of fat raises.
It's the third MTA money drain in the past two weeks. Earlier, Gov. Paterson took away $143 million in direct aid and revenues
from a new payroll tax came in short of forecasts by $200 million.
So far, it seems like straphangers will be shouldering the brunt of the bill, as the MTA is considering cutting the W and
Z lines, slashing bus service, and eliminating free student fares.
(Dan Brinzac- Photo)
As the cash-strapped MTA considers cutting the W and Z lines to cut costs, a judge ordered the agency to
give fat raises to the transit union, the TWU.
Officials are also considering 10 percent pay cuts at the agency, sources said.
Over the next three years, the judge ordered the MTA to dole out 11 percent pay hikes -- a sum the agency said it simply
can't afford.
The MTA has to fork over $100 million in 2010, and $200 million in 2011 to the union, sources said.
A binding arbitrator awarded the raises to the union in August. But the steep decision was immediately met with a legal
challenge by the MTA, which claimed the deciding vote, former mayor John Ziccotti, didn't consider the MTA's ability to pay
such large sums.
But Sherwood disagreed with the MTA, and said Zuccotti laid out a plan for the payments that largely deals with using
MTA money for big-ticket projects to fund the raises. (emphasis added)
"This confirms that a fair decision rendered in the arbitration process will be respected, even though the outcome may
not be what the employer wanted," the Municipal Labor Committee said."
EXTRA HELP FOR VETERANS IN NEED
(Special thanks to Officer D. Ciccarelli. VNB, for passing along this helpful info.)
The Veterans Administration offers certain benefits in addition to the meager Veteran's Pension
for Vets and their surviving spouses, if they need assisted living help etc.
"The Aid and Attendance (A&A) Pension provides benefits for veterans and surviving spouses who require the
regular attendance of another person to assist in eating, bathing, dressing and undressing or taking care of the needs of
nature. It also includes individuals who are blind or a patient in a nursing home because of mental or physical incapacity.
Assisted care in an assisting living facility also qualifies.
To qualify for A&A it needs to be established by
your physician that you require daily assistance by others to dress, undress, bathing, cooking, eating, taking on or off of
prosthetics, leave home etc. You DO NOT have to require assistance with all of these. There simply needs to be adequate medical
evidence that you cannot function completely on your own.
The A&A Pension can provide up to $1,632 per month
to a veteran, $1,055 per month to a surviving spouse, or $1,949 per month to a couple*.
Eligibility must be proven
by filing the proper Veterans Application for Pension or Compensation. (Form 21-534 surviving spouse) (Form 21-526 Veteran.)
This application will require a copy of DD-214 or separation papers, Medical Evaluation from a physician, current medical
issues, net worth limitations, and net income, along with out-of-pocket Medical Expenses.
A DD-214 is issued to military
members upon separation from active service. DD-214s were issued to separated service members beginning in the 1950's. The
term "DD-214" is often used generically to mean "separation papers" or "discharge papers", no matter what form number was
used to document active duty military service. If the VA has a copy of a DD-214, it is usually because the veteran attached
a copy (or sometimes, the original) to his or her application for disability or education benefits. If you've lost your original
DD-214 or a copy and you are receiving (or applied for in the past) disability or education benefits from the VA, they may
have a copy (or the original, if you gave it to them) on file. At the very least, if you are currently receiving benefits
(or did in the past), they should be able to provide a Statement of Service, which can be used instead of a "DD-214".
SCHOOL KIDS RESCUED FROM BURNING BUS AT VERRAZANO-NARROWS BRIDGE.
Rocky Sanchez jumped off the Throgs Neck Bridge - and survived.
A Queens motorcyclist with a horrible driving record was so desperate to escape being pulled over on the Throgs Neck Bridge that he jumped off the span - and lived, officials said.
Rocky Sanchez, 35, whose license was suspended 17 times, twice tried to flee after a cop pulled him over for cutting off
motorists near the Bronx side toll plaza around 5 p.m. yesterday, a law enforcement source said.
The first time, he remounted his bike and sped away from Triborough Bridge and Tunnel officer Charles Luce, who cut off his escape.
Sanchez, of Hollis, then ran across both lanes of traffic - and jumped into the drink, plunging some 30 feet, the source said.
Sanchez landed in shallow water - but was really lucky things didn't get, er, rocky.
He would have landed on the rocky shoreline, but the tide was high due to the impending nor'easter. "That's what saved
his life," the source said.
Sanchez was in stable condition at Jacobi Medical Center on Thursday, where he was under arrest.
BTOBA 2010 SCHOLARSHIP CALENDAR WINNERS HAVE BEEN PICKED! ...more on this breaking story soon.
MTA FInds Some Cash For a Couple of New Employees
Better days are coming our way as the formerly cash strapped MTA has found a few bucks, $600,000 to pay two consultants
to help us out.
"Will Subway Riders Start Calling It the Tube?
Published: October 22, 2009 - The New York Times
The Metropolitan Transportation Authority wants to enter into a two-year no-bid consulting contract with Transport for London, its counterpart in Britain and the former
employer of Jay H. Walder, the authority’s new chairman.
The new chairman of the Metropolitan Transportation Authority introduced computerized, scannable fare cards
to the London Underground.
Chris Hondros/Getty Images
Straphangers said they would welcome the lower fares that new fare card technology could provide.
The arrangement, unusual for a pair of public agencies, would be worth up to $500,000 and would pay for Mr. Walder’s
former colleagues to fly across the pond and work as on-site consultants in New York. The Londoners’ salary and benefits,
along with travel and lodging, would be covered by public funds.
Many of Mr. Walder’s top priorities for the New York system — including computerized, scannable fare cards
and arrival-time clocks at bus and subway stops — are modeled after similar programs he introduced in London, where
he worked until 2006.
“Rather than having to bring in high-priced consultants, we’re getting experts with success already in doing
these things, and getting them at public sector costs,” said Jeremy Soffin, a spokesman for the authority.
Staff members from the London agency would charge $125 to $200 an hour, according to a document released this week. The
authority called those rates “fair and reasonable,” and said the fees were half what a private consultant might
charge.
Cities routinely look to one another for advice on public projects. But expenses rarely go much beyond the cost of a long-distance
phone call, or a three-course lunch.
“In the normal course of business, you do check in with colleagues at other agencies around the world,” Mr.
Soffin said. “This is a more intensive thing we’re talking about. It wouldn’t be in the normal course of
business for someone to come over here for two, three, four weeks at a time.”
Arguably, the authority is already paying more than $600,000 annually for English expertise. Mr. Walder, who helped turn
around the struggling London system with a series of high-tech innovations, is earning $350,000 a year as chairman, as well
as retirement and housing benefits. He also hired a former London lieutenant, Charles Monheim, as his chief operating officer,
at a salary of $285,000 a year. Several transit experts said the deal had to be handled with caution.
“A no-bid contract with a former employer could set a bad precedent,” said Nicole Gelinas, a senior fellow
at the Manhattan Institute. “Mr. Walder has to bend over backwards here to explain what exactly these people will bring
to the table that we can’t get through the expertise for which we’re already paying him.”
Gene Russianoff of the Straphangers Campaign, a riders’ advocacy group, said that he could see why some might be cynical about the deal. “But I think he’s
made a case that he’s going to get value for the deal,” Mr. Russianoff said, speaking of Mr. Walder. “He
deserves a chance to do it on his own terms.”
The contract must be approved by the authority’s board. It is to vote at a meeting on Wednesday.
One application of London’s fare card technology gave discounts to riders during off-peak hours, like nights and
weekends, a model that Mr. Walder has said he would look to introduce in New York.
Politicians and members of the authority’s board said on Thursday that they were open to the discounted fare idea,
but that they would prefer more time to review it.
“Off-peak pricing makes sense in a lot of situations,” said Allen P. Cappelli, a board member appointed by
Gov. David A. Paterson. “But you would have to look at how it impacts revenue.”
Susan G. Metzger, a board member from Orange County, said, “I want to sit back and see what it really entails for
us.” She said she wondered if the discounts would really encourage more people to use mass transit on weekends. “Many
people who use the subway don’t really have an alternative. The only alternate would be a taxi, and our subway pricing
is pretty good.”
A spokesman for Mayor Michael R. Bloomberg, who controls 4 of 14 votes on the authority’s board, said that the mayor had previously supported similar off-peak
discounts for Port Authority bridges and tunnels and would consider Mr. Walder’s idea.
Straphangers asked about the plan on Thursday said they would welcome the lower fares. “It would save New York money;
we deserve it to be lowered,” said Shakiba Hickman, 31, of the Bronx, who commutes on the subway to her job at the Hotel
Beacon. “We want lower fares, but better service. We have to be working around the M.T.A., not the M.T.A. working around
us.”
But others said they were skeptical that off-peak pricing could change the way they use the transit system.
“There’s the comfort factor,” said Alan Chung, 28, as he waited for the Times Square shuttle. “If
it’s a late night, you’re out with your girlfriend, she’s in her high heels, you’re not going to hop
on the train.”
His companion, Theresa Khuu, 24, of San Francisco, agreed. “You’re asking people to change their lives,”
she said.
Ravi Somaiya contributed reporting."
PRESIDENT OBAMA PRAISES THE JOINT TERRORISM TASK FORCE. SEE STORY HERE
I got this story from a good friend of mine, Charlie Gili. He has long been involved with helping
us remember all of the brave men and women that serve in Iraq and Afghanistan and in helping the families of those who have
lost a soldier in the War. I think he makes a great and important point about priorities in today's society and
that's why I've passed it along for all BTOs.
- G. Lombardi
A Hard-to-Get-My-Head-Around Kind of A Day
Ever been confused? Today was one of those days for me. I got up early and headed out of Brooklyn
and out east to Long Island.
I was in route to meet up with a very special group of folks, to take care of something that I needed to
be part of. A young Marine had been Killed in Action last week in Afghanistan and he was brought home to his family
by his fellow Marines. I couldn't make the services, but I knew through the great folks from The Patriot Guard Riders,
that Lance Corporal Damas would be taken to Kennedy Airport for his final flight to North Carolina for burial.
I finally caught up with the Damas escort at the funeral home. I said hello to some of the other volunteers
and got some direction and absorbed the protocol for the last leg of the escort. The casket had to be made ready for
air travel and this was the purpose of the stop at the funeral parlor.
Six Marines in their best dress uniforms loaded the casket carrying Lance Corporal Damas into the hearse.
The police escort pulled out of the driveway to block traffic and those of us making up the Patriot Guard escort got underway
and headed to Kennedy. Most of the traffic along the Belt Parkway yielded when they noticed that this was a service
member escort and those that didn’t were encouraged to do so by those of us providing the escort.
We were taken through the back roads of the airport and right up to a fence that marked the tarmac.
The civilians in the escort were stopped short of the tarmac, so we lined up just outside the fence, while the uniformed personnel
proceeded ahead. Moments later, Port Authority Police Officers invited us through a building and onto the tarmac so
that we could be part of the proceedings. This was a very nice gesture on their part and we formed ranks around the
back of the hearse on one side and a group of Police Officers did the same on the other.
The six Marines went through their movements to remove the casket to a mechanized gurney. As the Marines
slowly brought their right hands into the military salute position, the Police Captain ordered his Officers to do the same
and we all followed suit.
We held the same salute until the casket was rolled to the waiting jet and loaded aboard. It was a
very solemn few moments. I have attended several such services, but this was the first time I was involved in an airport
departure. Once the formal recognition was concluded, we shook hands and were on our way back to resume our regular
lives.
I had to go straight to work since there was a huge event being held in a Brooklyn Park and I was responsible
for many of the logistics. Spike Lee was sponsoring a "Tribute to Michael Jackson" and when I arrived at the event site,
the music and activities were already underway. The crowd estimate was 12 to 15,000. Everyone was having a great
time and it was a nice event, with everyone well-behaved.
I don't know if I was just a bit tired or if I am just getting old, but I couldn't get the scene on the JFK
tarmac out of my head. A local Marine had been killed, brought home and sent to his final resting place. Lance
Corporal Damas is a true hero. Yet, at his final farewell on the grounds of a windswept local airport, there were about
40 of us who witnessed his passing and in the same day, just 35 minutes from the tarmac at Kennedy, there were more than 10,000
nice people celebrating the music of a pop icon.
I understand the dynamics of how these things work in our society, but even though I do, I just couldn't
get my head around the backwardsness of my day. I don't think I ever will. Semper Fi Lance Corporal.
PENSION DEFICIT FOR SOME 150 BTOS.
Hi Greg
Just got deficit letter from nycers indicating I owe additional AMC,s of $1,XXXX for
period between Feb 3rd 1995 and Aug 1st 1995.
I
recall that there was a delay ( somehow i'm thinking it was a 2 year delay or so but really not certain as to exact
time period???) before city started accepting our contributions. Recall that we had to pay deficit retroactively( at the time
I wondered why we could not have set up an escrow account for the arrears)
As far as I know I paid ALL owed contributions. . its amazing that all these years after
paying to join plane that we are now told of an additional deficit. What happened??
BTO Fred Skepner QMT
........
What happened is an excellent question and I'll do my best to explain it:
Dear Fred,
There are some 150 active Officers . Sgt's & Lt's (you and me are 2 of them) that owe NYCERS money.
1. The 20/50 Pension is made law in Aug. 1995
2. The first requirement was that we had to pay a 6 month "vig" of 5.5% for the 6 months prior to Aug 1995. That meant
at the time that anyone meeting the requirements of the 20/50 could actually retire in Aug. 1995 and some people did.
3. Effective Aug. 1995 everyone in the plan had to pay a total of 8.5% in pension till the cows came home.
4. NYCERS & TBTA did not have compatible computer systems to deduct the additional 5.5% and no additional Member
Contributions (AMC) were made for about 3 years.
5. In 1998 they finally begin to deduct the full 8,5% from our pensions and also deduct additional AMC's to catch up
for the time period between Aug. 1995 and 1998, known on our checks as BFEE.
6. The pension law changes and our 3% contributions end after 10 years minimum or longer, and the 5.5% ends after 20
years of service but the stopping of the 3% and the 5.5.% drags on and we pay an overage into NYCERS.
7. NYCERS refunds overages and sends us 1099 forms as we have to pay tax on the money refunded
because it was originally witheld under 414h laws and was tax deferred.
8. * (Note) WIthin the last year or so, most BTOs finish off the BFEE catch up.
9. 2008 NYCERS realizes that most retiring BTOs have a deficit and that is because we never paid the original 6 month
"vig" which was the very first requirement of the bill.
10. 2009. NYCERS moves to correct the deficits and we are screwed for the 6 month owed.
You can still retire with a deficit and a reduced pension until such time as the deficit is paid off. Actives can pay
in payments at no interest or make a lump sum payment. The payment rate will be about (X) amount for 2 years or so.
* The BFEE was calculated for the 3 years we owed while waiting for NYCERS/TBTA to begin AMC's. It probably should
have been calculated to include the 6 month VIG as well but it wasn't.
Hope this helps.
Fraternally,
Greg Lombardi - VIce President
ART CALENDAR DEADLINE EXTENDED!
Due to the printer extendiung our deadline we are pleased to be able to extend our deadline for entries for the 2010
BTOBA Art Calendar Contest from August 14, to August 31, 2009.
We hope this extension will encourage any Officer's child that has not yet sent in an entry, to do so today.
Thank you,
Kevin Heltzer
Research-Negotiations Chairman
Dear Members:
We are very pleased to announce that the Bridge and Tunnel Officers Benevolent Association is sponsoring its Second Annual
Art Calendar Contest for the school children of all active Bridge and Tunnel Officers. The money raised through vendor and
fraternal donations to our 2010 Children’s Art Calendar will go to help fund the B.T.O.B.A. Scholarship Fund.
Last years calendar was a great success! Our member’s children won 13 new computers. This year we hope to have even
a greater success. Children in grades Kindergarten through 12 are urged to submit a drawing with a law enforcement theme and/or
a theme related to the month that corresponds with their grade, to be used in the 2010 Calendar.
The 13 winners, one from each respective grade, will be featured during the following months:
Kindergarten: December 2009 7th Grade: July 2010
1st Grade: January 2010 8th Grade: August 2010
2nd Grade: February 2010 9th Grade: September 2010
3rd Grade: March 2010 10th Grade: October 2010
4th Grade: April 2010 11th Grade: November 2010
5th Grade: May 2010 12th Grade: December 2010
6th Grade: June 2010
Examples of themes related to the entrants corresponding grade might be 2nd Grade (February) entrants incorporating
a law enforcement and Valentine’s Day theme; 7th Grade entrants (July) incorporating a law enforcement theme
and Independence Day; 12th Grade (December) incorporating a law enforcement theme and a Holiday theme.
Entrants must include their name, address, phone number, age, grade and school attended as well as the name and Facility
of their parent or guardian who is a B.T.O.B.A. member. Addresses will not be used on the calendar. Winners will receive new
computers from corporate sponsors and runners up will receive gift cards from various retailers.
All winners will be picked by an independent judge. All of the proceeds will be donated to the B.T.O.B.A. Scholarship Fund.
Entries MUST be submitted on an 8 ½ by 11" landscape side (horizontal) sheet of white paper. They must be a HORTIZONTAL line
drawing and NO oil or charcoal drawings are allowed.Entries must be postmarked no later than Friday, August, 14, 2009. They
should be mailed to:
Kevin Heltzer, Research-Negotiations Chairman
B.T.O.B.A.
1140 Bay Street
Suite A & B
Staten Island, New York 10305
Fraternally,
Kevin Heltzer
Research Negotiations Chairman
MTA may fight panel's hefty pay hikes for transit workers
The MTA is considering challenging an arbitration panel's decision to grant transit workers generous wage hikes, officials
said Friday.
A state judge can throw out a contract after concluding arbitrators didn't properly apply the criteria mandated by the
legislation, including an employer's ability to pay wages and benefits.
The pact grants transit workers staggered annual raises totaling 4%, 4% and 3.5% over the three-year contract.
MTA officials said it would increase costs by $350 million.
The major provisions in the contract crafted by the arbitrators mirror the terms supported last year by MTA CEO Elliot Sander and NYC Transit President Howard Roberts before direct talks with union boss Roger Toussaint ended and the two sides turned to arbitration to finalize a deal. Sander resigned in May.
The MTA under acting CEO Helena Williams tried unsuccessfully to steer the panel away from the framework supported by Sander and Roberts, concluding it spelled a
bad financial deal for the authority, even if it included removing conductors from some subway lines.
A union spokesman said the MTA's legal review is "another attempt by the MTA to mask its incompetence."
The 20 Year/Age 50 Pension Has been Renewed!
The special 20 Years of Service/Age 50 Pension for BTOs, Sergeants and Lieutenants has passed both the Assembly and Senate
and has been signed into law by Governor David Paterson.
UPCOMING PAYMENTS
The last contract included the following new payments:
July 2, 2009 - Perfect Attendance Pay
July 30, 2009 - LAW ENFORCEMENT DIFFERENTIAL PAY
"THE BEST OF THE BEST!"
BRIDGE & TUNNEL OFFICERS, SGT'S & LT'S HONORED FOR ACTS OF VALOR, RESCUES AND POLICE WORK!
...more on this as the photos arrive.
OSHA raps MTA with 300G in fines for punishing workers who claimed injuries on job
The OSHA decisions suggested the MTA ignored its own procedures by punishing workers who fell or
were hurt, in violation of a federal rail safety law passed in 2007.
The Feds slapped the MTA on Thursday with more than $300,000 in fines for punishing four Metro-North workers who claimed they were hurt on the job.
OSHA found supervisors guilty of retaliating against the workers after they complained about injuries suffered while working on
suburban line trains in 2007 and '08.
"Railroad employees have the right to report occupational injuries and illnesses without fear that doing so will negatively
affect their jobs, their health or their income," said Jordan Barab, an OSHA official.
The decisions suggested the MTA ignored its own procedures by punishing workers who fell or were
hurt, in violation of a federal rail safety law passed in 2007.
We received the following heads up from TBTA's Frank Ronci about checking to be sure that your beneficiary is accurate
on your Prudential 457/401 plan:
Recently the beneficiary data from the prior MTA Deferred Compensation Plan administrator,
FAS Corp., was uploaded in to the Prudential Financial Services database. Unfortunately this information reflects data
that is dated October 2008, when FAS Corp. was the administrator for the plan.
In order to ensure that this important
piece of data reflects your beneficiary choice accurately, I encourage everyone to check their beneficiary designation online
or via telephone with Prudential. If you want to change the current beneficiary information you can do so at that time either
online, via paper format.
The Prudential website is : www.prudential.com/mta . If you choose to make your beneficiary choice on-line the path is: I'm a Participant/ID & Password/401
or 457 View Details/Other Links - Personal Information/Beneficiary Change.
If you choose to make your beneficiary
choice on paper, forms can be downloaded from the website, or they are attached here for your convenience.
May these brave fallen heroes rest in peace! Amen.
CHIEF DELEGATE ELECTION RESULTS
Below are the results if the election for Chief Delegate at the following facilities:
BBT
Andrew Peeples - 30
James T. O'Connor - 27
Chris D'Amico - 11
Michael Rosseti - 6
Void - 3
BWB
Daniel Reichart - 28
Worrel Francis - 19
Laura Tully - 7
Silvestro Tierno - 4
Void - 1
HHB
Cerrone Danzy - 12
Angel Figueroa - 5
Glenn Perez - 5
Void - 3
RFK- Manhattan
Christopher Duffy - 35
Thomas Turner - 11
Void - 2
QMT
Darnell Eason - 47
Bruce Sokolovic - 42
Void - 1
MB
Orlando Padilla - 9
Nikole Brown - 1
Void - 1
Thanks to all of the Officers who ran in this election. You care and dedication is well
noted.
GENERAL MEMBERSHIP MEETING
The Spring General Membership Meeting will be held on Friday, March 27, 2009 at 11 AM at the Locust Point Civic Association.
The building is located near the Throgs Neck Bridge in the Bronx.
A representative from AFLAC will be available at the meeting for information and consultation.
All Bridge & Tunnel Officers are strongly urged not to have any FACEBOOK, MYSPACE etc.
and/or personal web pages that display or make any reference to their names, their job, their weapons, their training or work
locations in any way.
In pictures, Vaughan Ettienne is a champion bodybuilder of surreal musculature. In conversation, he is polite and thoughtful.
And in the looking glass of his computer screen, he becomes a man of fierce, profane views on how to keep law and order.
A few weeks ago, he posted a description of his mood on a MySpace account. “Devious,” he wrote.
The next day, a man accused of carrying a loaded gun would go on trial in State Supreme Court in Brooklyn — and in
large part, the case rested on the credibility of Vaughan Ettienne, bodybuilder, Internet user and arresting officer.
What seemed like a simple gun possession case became an undeclared war over reality: Was Officer Ettienne a diligent cop
who found a gun after chasing an ex-convict weaving through traffic on a stolen motorcycle? Or was his story a “devious”
facade in keeping with the ruthless character he revealed on social network Web sites?
“You have your Internet persona, and you have what you actually do on the street,” Officer Ettienne said on
Tuesday. “What you say on the Internet is all bravado talk, like what you say in a locker room.”
Except that trash talk in locker rooms almost never winds up preserved on a digital server somewhere, available for subpoena.
The man on trial, Gary Waters, claimed that Officer Ettienne and his partner stopped him, beat him and then planted a gun
on him to justify breaking three of his ribs.
Suddenly, Officer Ettienne was being held to the words that he wrote in cyberspace.
Besides the “devious” mood setting, the jurors learned that a few weeks before the trial, the officer posted
this status on his Facebook page: “Vaughan is watching ‘Training Day’ to brush up on proper police procedure.”
That referred to a 2001 movie starring Denzel Washington as a narcotics detective who pillaged and plundered Los Angeles. “The defense lawyer brings up ‘Training Day’
— like I was trying to emulate Denzel,” Officer Ettienne said. “He ties the defense to the story in the
movie. It was a masterful piece of fantasy — but it was one that the jury bought.”
In fact, Mr. Waters, on parole from a burglary conviction when he was arrested, beat the most serious charge, the felony
possession of a 9 millimeter Beretta and a bagful of ammunition. He was convicted of resisting arrest, a misdemeanor.
When the case started, the defense was going to focus more on what was in the officer’s body than on his mind. Officer
Ettienne had been suspended for using steroids — legally, he says, with a doctor’s prescription. The defense lawyer,
Adrian Lesher of the Legal Aid Society, argued last year that steroids might have created irrational rage in Officer Ettienne.
Then Mr. Lesher tracked down comments Officer Ettienne had made on the Internet about video clips of arrests. An officer
should not have punched a handcuffed man, Officer Ettienne wrote. “If he wanted to tune him up some, he should have
delayed cuffing him.”
He added: “If you were going to hit a cuffed suspect, at least get your money’s worth ’cause now he’s
going to get disciplined for” a relatively light punch.
“I’m not going to say it was the best of things to do in retrospect,” Officer Ettienne said. “You
want to run your mouth with the best of them. As the lawyer Ron Kuby says, stupidity on the Internet is there for everyone
to see for all times in perpetuity. That’s the case for me. There were hundreds of comments I made that were positive.”
Officer Ettienne said he has never been disciplined for brutality.
From the defense side, the mouth-running was a gift outright. “It supported our theory of the case — this guy
was motivated to cover up his use of excessive force,” Mr. Lesher said.
The prosecutor, Kevin James, tried to persuade the judge, Joel M. Goldberg, that remarks like the one about “Training
Day” had nothing to do with the arrest. “It goes into artistic interpretations to a movie, directorship, actors,”
Mr. James said.
“I don’t think it’s enlightening.” The judge replied, “If you want to redirect and the witness
says I liked it because of the cinematography, he can say that.”
Officer Ettienne said he is now being careful to mask his identity on the Web and that he has curbed his tongue because
of the acquittal. “I feel it’s partially my fault,” he said. “It paints a picture of a person who
could be overly aggressive. You put that together, it’s reasonable doubt in anybody’s mind.”
FOUL-UP WITH SOCIAL SECURITY INFO
You may have received information in the mail from the Social Security Administration about MTA Bridges
& Tunnels misreporting your 2008 Wages. There was a mistake in the information that the Authority forwarded to Social
Security as they left off everyone's LAST NAME. The Authority is re-sending the correct information to Social Security and
you need take no action to correct the problem.
THANK YOU!
Special thanks to our Chief Delegates and members from the Throgs Neck, Bronx-Whitestone, RFK Manhattan and Verrazano-Narrows
Bridges and The Brooklyn-Battery and Queens-Midtown Tunnels who have been working closely with the BTOBA Executive Board
this week as we worked together on some schedule changes and new bids for 2009.
From The Chief
- January 16, 2009
Appeals curt Rules FMLA Can Cut Into Vacation Time
By TOMMY HALLISSEY
An appellate court judge reinstated an arbitrator's ruling that the Metropolitan Transportation Authority could force
Bridge and Tunnel Officers to use vacation time for absences from work taken under the Family Medical Leave Act for personal
or family emergencies.
The Appellate Division of State Supreme Court ruled Dec. 23 that a State Supreme Court decision in favor of the union,
"impermissibly substituted its judgment and interpretation" of the collective bargaining agreement for that of the arbitrator.
The appellate justices found that there were no grounds to overturn the decision reached by the arbitrator, because it was
not "completely irrational." The courts usually require that an administrative ruling be "arbitrary and capricious" as the
sole basis for overturning it.
Union: Ruling 'Ludicrous'
The Bridge and Tunnel Officers Benevolent Association was outraged by the decision and plans an appeal. "We feel it is
ludicrous and it is incorrect," said Vice President Greg Lombardi. "The FMLA can't diminish anything in the collective bargaining
agreement."
The issue for Mr. Lombardi's members was that they could have a family or personal emergency that required them to take
time from work, only to return to find they had been docked vacation time. "For the department to force the use of vacation
time when on family leave is cruel for one thing and mindboggling," he said.
The MTA had no comment. The union and the Triborough Bridge and Tunnel Authority first went to an independent arbitrator
over the matter in 2005. Mr. Lombardi said the original arbitrator ruled in favor of the union but limited his decision to
the two named plaintiffs in the case, not the entire membership, despite BTOBA's evidence that the problem extended to other
members. This necessitated a second arbitrator, whose decision cut against the ruling of the first one by saying that 25 percent
of vacation time could be used towards FMLA days.
Twice Reversed in Court
From there the bridge and tunnel cops' union brought the matter into the court system. The lower-court judge, State Supreme
Court Justice Charles J. Tejada, ruled that the authority's practice of docking vacation days violated the collective-bargaining
agreement. This decision overturned the ruling of the arbitrator.
The authority then took the case to the Appellate Division.
"Naturally, we plan a vigorous appeal," said Mr. Lombardi. He added that the issue continues to be a problem for bridge
and tunnel cops. "Family Medical Leave Act is an employee benefit and they are trying to make it an employer benefit," he
said.
BRIDGE & TUNNEL HONOR GUARD
MARCH IN THE VETERAN'S DAY PARADE!
(Photos courtesy BTO Frank Burgos - QMT)
The B & T Honor Guard were in action in The Veteran's Day Parade, representing all the men and women
of our force. Great job Officers and thank you!
Marine Parkway Bridge Officer Thomas Adrian (r) receives his daughter
Kaila's winning prize fromBTOBA Research/Negotiations Chairman Kevin Heltzer (l)
Nikolas Ballestero, son of Verrazano-Narrows Officer Eugene Ballestero
was another BTOBA Scholarship Fund Winner. BTOBA Scholarship Fund Director Officer Kevin Heltzer presents
Officer Ballestero with a brand new Dell Computer for his son!
(below)
(l) Research/Negotiations Chairman Kevin Heltzer
VNB Officer Eugene Ballestero {r}
A Fine Day in The Bronx
Though the Bronx Bombers didn't make it through this season, there were still lots of winners in the Bronx. The
children of Officers from the Throgs Neck Bridge and Bronx-Whitestone Bridge who submitted their winning drawings
to the BTOBA Calendar Art Contest received their computers.
BTO Joseph Brigante Sr. son, Joseph Jr., of Throgs Neck
Bridge, and Bronx-Whitestone's BTO Jeanette LInares son Adam Bochno, BTO
Vincent Kavaluskie's daughter, Gabrielle, and BTO Elizabeth Montoya's daughter Alexis, were
not available today but they all received their computers.
BTO MIchael Kotas' son Nicholas and BTO Carl Mosby's son Tyrree will
be receiving the computers their Dad's picked up today and Officer Mosby's daughter Tyra won a $100 Visa
Card as our top runner-up winner as well.
from l. to r. BTO MIchael Kotas, BTO Greg Lombardi, BTO Kevin Heltzer, BTO Bryan Walsh and BTO Carl Mosby
as Officers Kotas and Mosby received computers for their children.
QMT Officers Fred Skepner and Alexander Montoya (and BWB Officer Elizabeth Montoya), the proud
parents of children who's calendar art was selected as winners in the art contest took home two new Dell computers to Fred's
daughter, Stacey and Alexander & Elizabeth's daughter, Alexis, as the first recipients
of The BTOBA Scholarship Fund.
[l to r, BTOBA Research/Negotiations Chairman Kevin Heltzer, BTO Fred Skepner, BTO Alexander
Montoya, BTOBA Vice President, Greg Lombardi, BTOBA Health & Safety Officer Bryan Walsh.] (Charles
Bishop - Photo)
[l to r, BTOBA Vice President Greg Lombardi, BTOBA Research/Negotiations Chairman Kevin
Heltzer, BTO Fred Skepner, BTOBA Health & Safety Officer Bryan Walsh.] ( Grievance Chairman
- Charles Bishop - Photo)
CONGRATULATIONS TO ALL OF OUR CALENDAR ART WINNERS! Computers will be distributed in the coming weeks
to the children listed below:
MONTH NAME FACILITY
DEC 08 NIKOLAS BALLESTERO VNB EUGENE
BALLESTERO - Parent
JAN 09 ALEXUS
SEEGER TBM
JOHN SEEGER - Parent
FEB 09 JOSEPH
BRIGANTE JR. TNB JOSEPH BRIGANTE
SR. - Parent
MARCH 09 ADAM BOCHNO BWB
JEANETTE LINARES - Parent
APRIL 09 KAITLYN DiMATTEO CBB
MICHAEL DiMATTEO - Parent
MAY 09 GABRIELLE KOVALUSKIE BWB
VINCENT KOVALUSKIE - Parent
JUNE 09 ALEXIS
MONTOYA QMT/BWB ALEXANDER MONTOYA / ELIZABETH MONTOYA Parents
JULY 09 KRISTEN McGUINESS HHB
JAMES McGUINESS - Parent
AUGUST 09 KAILA ADRIAN MPB
THOMAS ADRIAN - Parent
SEPTEMBER 09 STEVANA BOUTOT VNBLISA SANCHEZ - Parent
OCTOBER 09 TYRREE MOSBY BWB
CARL MOSBY - Parent
NOVEMBER 09 NICHOLAS KOTAS BWB
MICHAEL KOTAS - Parent
DECEMBER 09 STACEY SKEPNER QMT
FRED SKEPNER - Parent
RUNNER UP -JAN 09 - TYRA MOSBY BWB CARL MOSBY PARENT
ANNUAL FLEXIBLE SPENDING ACCOUNT - OPEN ENROLLMENT PERIOD
Any BTO who wishes to enroll in the new Flexible Pending Account must do do by telephone or via the internet.
The telephone number for enrollment is 1-877-WAGEWORKS. Their web address is www.wageworks.com
You must enroll between November 1 - November 30, 2008.
If you have any questions please call the TBTA Benefits Department at 646-252-7935.
TBTA DISCRIMINATES AGAINST WOMEN
Pregnant flaws for Bridge & Tunnel cop
BY ALISON GENDAR DAILY NEWS POLICE BUREAU CHIEF
Monday, August 11th 2008, 4:00 AM
(Photo by Daniel Fevelo for News)
Officer Lori Ann DiPalo says her doctor said she was fit for duty and to carry her gun.
MTA bosses decided a pregnant Bridges and Tunnels officer was unfit for duty, stripped her of her gun and sent her
to work in a tollbooth.
"Being pregnant here - it's like wearing a scarlet letter 'P' on your chest," said Lori Ann DiPalo, 36, the MTA Bridges
and Tunnels officer.
After being out of work for two weeks, her personal doctor gave her a full exam and decided DiPalo, who was 10 weeks pregnant,
was fit for duty: able to carry and use her weapon with no restrictions.
But a doctor for Bridges and Tunnels read DiPalo's file and decided she shouldn't carry a gun.
"When I asked why, they said they didn't want to risk abdominal injury or me having to use 'deadly physical force,'" she
said.
So DiPalo - unarmed but in uniform - now stands in a bridge tollbooth from 11 p.m. to 7 a.m. collecting tolls.
"I like the night shift, but they have me standing there in my uniform, unarmed, unable to take any action," she said.
"If there is going to be trouble, the toll plaza is where it happens, but I won't be able to act."
In her six years as a peace officer, DiPalo has arrested frauds, drunken drivers and other people who had noright to be
behind the wheel. She has dispatched officers, handled roll call and patrolled the vulnerable bases of various bridges and
entrances to tunnels - considered key targets for potential terror attacks.
"I like my job. I want to work. My doctor said I can," she said.
A Bridges and Tunnels spokeswoman said the agency does not comment on individual personnel matters, "but please note that
our actions are guided by the advice of our agency's medical doctor."
Bridges and Tunnels union leaders said DiPalo wasn't the first pregnant officer to be sidelined by the authority, which
runs and secures seven bridges and two tunnels throughout the city.
"Word got around that officers would lose their gun if pregnant. One woman didn't say a word until she was six months pregnant
when her own doctor suggested she stop," said union official Greg Lombardi, first vice president of the Bridge and Tunnel
Officers Benevolent Association. It's like it's still 1950 or something."
Officer John Esposito, center, will home Elle, one of three kittens recently thrown out of vehicles on the Verrazano- Narrows
Bridge. Another officer has also adopted a kitten
Michael McWeeneySurvivor of bridge ordeal, Elle will go home with Officer John
Esposito.
Maybe they should pack catnip in their holsters.
It seems that in separate incidents, three kittens were tossed out of vehicles halfway across the Verrazano-Narrows Bridge,
only to be scooped up by animal-loving MTA Bridge and Tunnel police officers.
Two cute and fuzzy 2-month-old calico kittens were adopted by the officers. Sadly, the third kitten was so badly injured
that it had to be put down.
The first incident occurred two weeks ago.
Alerted by motorists who saw a kitten huddling against the roadway's wall, Officer Trevor Gibson of Arden Heights slowly
drove his patrol car across the upper level until he found the little cat, midspan.
"It was up against the wall, scared to death," said Sgt. Kenny Winslow of Bay Terrace.
From his trunk, Gibson pulled out a pair of gloves and a blanket, and gently placed the kitten in a box. It was brought
to Rosebank Animal Hospital, but the kitten's injuries were so serious, it had to be euthanized.
A few days later, a kitten was rescued on the upper level by Officers Joseph Dahl and Rosario Marino. This story has a
happier ending.
On-duty a few miles away at the Brooklyn-Battery Tunnel, Officer Carlos Martinez, whose 17-year-old cat died recently,
heard the news of the rescue over his radio and called back to the bridge officers that he wanted to adopt the kitten.
"Any cat that survives the upper level deserves a second chance," Martinez said.
The officer said he named the kitten "Miley," after his 6-year-old daughter Victoria's favorite pop star, Miley Cyrus.
After Miley's rescue, Officer Sabatino Ilardo of South Beach was on patrol when he saw a kitten curled up against the curb
on the lower level.
He, too, tried to scoop up the cat in a blanket, but it ran away from him and jumped onto a support pillar overhanging
the water. With nowhere else for the kitten to go but down, the officer was able to grab it. Officer Anthony Giacchi of Fort
Wadsworth dubbed the little cat "Elle," as in the double L of lower level.
The kittens were treated for free by Dr. Christine Brognano of Rosebank Animal Hospital. Elle will remain at the vet's
office for a while longer while she recovers from ringworm, fleas and ear mites.
Then, she's going home with Officer John Esposito of Graniteville -- and she's not the first pet he has brought home from
work.
The self-proclaimed "cat freak," who sports a cat tattoo on his leg, rescued another cat a while back, found, appropriately
enough, on the bridge's catwalk. A co-worker took the cat home and named her -- drumroll, please -- Bridget.
The officers believe the cats were most likely thrown out of moving cars.
Since they were found midway across the country's longest suspension bridge, "I doubt the mother cat left them there,"
Winslow said.
The kitten rescues are just the latest in the Verrazano's walk on the wild side.
From the peregrine falcons roosting above, the poison ivy-eating goats grazing below and the raccoons, dogs, and turkeys
that have been rounded up on the roadway over the years, the call of the wild is all in a day's work for its crews.
-- Contributed by Maura Yates
OFFICER OUTFOXES JUMPER AT VZ BRIDGE RESCUE
Bridge & Tunnel Officer Darren Fox, a 7 1/2 year veteran of the force, risked his own life to stop
and grab a jumper at edge of the Verrazano-Narrows Bridge. Officer Fox drove up to a motorist stopped on the Span
at approximately 1400 hours on Wednesday, August 6, 2008.
He thought he was reponding to a disabled vehicle at first, but realized something was amiss when the motorist moved
away from him and towards the edge of the bridge him when Officer Fox tried to approach him. Sensing some special
handling was required, Officer Fox radioed in and then created a zone of safety between the distressed man and himself, to
put the fellow at ease.
His reasurring words and tones helped the man calm down. Officer Fox said he felt that the gentleman "really needed
sombody to talk to," so he kept talking with him and reassuring him and he was eventually able to rescue the man away from
the treacherous edge and secure him.
Officers who wish to defer their October 2, 2008 retroactive pay increase to their MTA Deferred Compensation Plan must
call the Bridges and Tunnels Benefits Office at 646-252-7935. Contributions can only be made to plans in which you actively
participate. If your deferred amount causes you to exceed your $15,500 annual limit you must open a second plan (e.g. 401k,
or 457 Over-age 50 - if you qualify) by calling FAS Corp at 866-682-7567. The period to call the Benefits
Department to make this one-time change begins Thursday September 18, 2008 and runs until 4:00pm Thursday September 25, 2008.
THE TBTA POLICE SHOOTING TEAM IS SEEKING MEMBERS FOR QUALIFIED EVENTS, SUCH AS THE POLICE OLYMPICS.
DETAILS OF NEW YORK STATE TROOPER BRINKHOFF'S DEATH RELEASEDBy Fernanda Santos July
28, 2008,The NY Times
At 7:28 a.m. on April 25, 2007, in a quiet corner of the Catskill Mountains, an indoor motion alarm went off at a vacant
farmhouse, a half-mile from where a van driven by a suspect in the shooting of a New York State trooper the previous day had
been found abandoned.
Trooper Brinkerhoff with his wife, Barbara, and their daughter, Isabella.
The alarm unleashed a chain of events that culminated in a fierce shootout involving an elite team of state
troopers, known at the time as mobile response teams. In the two-minute gun battle, during which more than 80 bullets were
fired, two men lost their lives: the suspect, Travis D. Trim, and one of the troopers, David C. Brinkerhoff.
Within a few days, State Police officials revealed that Trooper Brinkerhoff had killed Mr. Trim, a 23-year-old college
dropout from North Lawrence, N.Y., and was then killed by a shot from a colleague.
The death of Trooper Brinkerhoff, 29, raised questions about the quality of the unit’s training, the tactics its
members used in the farmhouse that morning and the conduct of the trooper who fired the fatal round. Meanwhile, State Police
investigators remained tight-lipped as they tried to determine if negligence or other criminal behavior contributed in any
way to Mr. Brinkerhoff’s death.
Fifteen months later, the first official account of what transpired at the farmhouse has emerged. An internal State Police
report, obtained by The New York Times under a Freedom of Information request, reveals that Trooper Brinkerhoff may have unknowingly
placed himself in the line of fire when he raised his head just as a colleague standing behind him fired a shot at Mr. Trim.
The report outlines two other similar scenarios, which it says “share equal weight as being the most probable.”
One scenario has the colleague, Norville Yearwood, lowering his aim and firing at Mr. Trim, who was crouched across the room,
but striking Trooper Brinkerhoff instead. The other suggests that Trooper Brinkerhoff raised his head and Trooper Yearwood
simultaneously fired a low shot.
In December, the Delaware County district attorney, Richard D. Northrup Jr., ruled that “no reasonable view of the
evidence” would sustain criminal charges “against anyone other than Travis D. Trim,” according to a document
that is part of the report.
In an interview on Sunday, Harry J. Corbitt, the New York State Police superintendent, said that Trooper Brinkerhoff’s
death was “a tragic accident” that resulted from “a very intense firefight” in a farmhouse carved
into rooms of different shapes and sizes.
“Certainly there was no criminal intent here and that’s what the report shows,” Mr. Corbitt said.
Still, the State Police has instituted a series of changes after Trooper Brinkerhoff’s death. The unit is now called
the special operations team to reflect the uniqueness of its members’ skills — from their knowledge of dangerous
rescue techniques to their specialized weapons training and their ability to perform risky searches and raids. The troopers
who are part of it are now permanently assigned to one of four teams in the state; in the past, the teams were assembled only
when needed, and their members otherwise spent their time on routine duties like highway patrol, Mr. Corbitt explained.
There is new equipment, like armored cars and better bullet-proof vests, and there are psychologists assigned to track
candidates through the selection and training process to make sure that they can handle the high-stress situations that are
common in their jobs, Mr. Corbitt said.
“We certainly looked at every aspect of the team and we made wholesale changes so we could provide the best possible
protection to our members,” he said.
The report, finalized in June, shows that for the State Police, figuring out what happened inside the farmhouse at 1245
Cemetery Road in the northern Catskills, near Margaretville, N.Y., was much like trying to solve a puzzle with a few pieces
missing.
Mr. Trim had died in the firefight, but the troopers did not know that when they left the house carrying Mr. Brinkerhoff.
Once the troopers were outside, officers lobbed a tear-gas canister inside the house in an effort to flush out Mr. Trim. When
that seemed to have no effect, they tossed in a second canister, not knowing that it was filled with an incendiary material
that wound up igniting a first-floor bedroom.
Within seconds, the farmhouse was ablaze.
The fire destroyed much of the evidence, making it hard to determine exactly where Mr. Trim and Trooper Brinkerhoff were
when they were shot. The damage that the fire caused to the farmhouse also made it impossible for investigators to figure
out the trajectory of the shots fired by Mr. Trim, the report says.
Still, investigators assembled enough material to cobble together an official version of the events. They used statements
from dozens of witnesses, including the troopers who were in the farmhouse that morning. They examined the locations of shell
casings to determine who fired their weapons, where they were when they fired and how many rounds were fired in all. They
also analyzed radio transmissions and the results of the autopsies performed on Trooper Brinkerhoff and Mr. Trim, among other
things.
The report described the following sequence of events.
The search for Mr. Trim began on the afternoon of April 24, after Mr. Trim shot a trooper who had pulled him over in Margaretville
because the van he was driving — and which turned out to have been stolen — was missing a license plate. (The
bullet struck the trooper’s protective vest and he was not seriously injured.)
By the next morning, scores of state troopers descended on the area, perhaps haunted at the time by several tragic deaths
among their colleagues. In the previous 14 months, six troopers had died, including two who were shot in 2006 by a fugitive,
Ralph L. Phillips — known as Bucky — whom Trooper Brinkerhoff had helped track.
The troopers who went to the farmhouse after the motion alarm was activated found the front door and windows closed, but
saw an open window in an adjacent barn. In a loft upstairs, the troopers retrieved a backpack with Mr. Trim’s Social
Security card and a Smith & Wesson revolver. Propped against a wall were two more guns: a loaded 270-caliber Winchester
and an unloaded single-shot hunting rifle.
A commander ordered seven troopers inside the farmhouse, including Mr. Brinkerhoff and Mr. Yearwood. The team scoured the
first floor and then moved to the second floor, where the gun battle began. According to the report, Mr. Trim fired the first
shot, striking Trooper Brinkerhoff’s armored vest. At 8:55 a.m., after several of the troopers had shot at him, Mr.
Trim returned fire, this time hitting Trooper Richard Mattson in the left arm. (Trooper Mattson survived his injury.)
Eventually, three of the troopers found themselves in a second-floor bedroom, as Mr. Trim crouched in a passageway that
linked it to another room. Trooper Richard Verdesi was in front and to the left of the other two. Trooper Brinkerhoff was
in the middle and Trooper Yearwood was directly behind him, according to the report.
Trooper Brinkerhoff fired the shot that struck Mr. Trim in the right temple, killing him instantly, as an autopsy would
determine. Trooper Yearwood discharged the shot that hit Mr. Brinkerhoff in the head, just below the helmet, the report said.
No one saw Trooper Yearwood fire the fatal shot, one of 28 shots he fired that morning. According to the report, Mr. Yearwood
told investigators that he did not believe Trooper Brinkerhoff could have known that he was right behind him, firing his gun.
Trooper Yearwood resigned from the special operations unit, but remains a member of the State Police, said its superintendent,
Mr. Corbitt.
Bridge & Tunnel Cops Ratify New Pact FOR IMMEDIATE RELEASE THURSDAY, JULY 10, 2008 Bridge and tunnel cops ratified
a new three-year collective bargaining agreement by an overwhelming 84%, one of the highest margins of approval in a contract
ratification vote in the history of the Bridge and Tunnel Officers Benevolent Association. The 771 bridge and tunnel cops
provide law enforcement and other services at the bridges and tunnels operated by MTA Bridges and Tunnels, including the
Brooklyn Battery and Queens Midtown Tunnels, and the Triborough Whitestone, Throgs Neck, Henry Hudson, Verrazano Narrows,
Cross Bay and Marine Parkway Bridges. The contract, retroactive to March 1, 2006, expires May 19, 2009. Besides wage
increases totaling 10.5%, the contract provides an unprecedented annual law enforcement differential, recognizing the
dramatically increased role of bridge and tunnel cops since the terrorist attacks of September 11, 2001. In addition,
all bridge and tunnel cops will continue to receive a comprehensive medical benefits package without paying out-of-pocket
premiums. They
also won an additional paid holiday and other monetary gains, including substantial increases in longevity pay and
uniform allowance. The union fought back management's attempt to have bridge and tunnel cops pay medical benefits out-of-pocket
on an escalating percentage basis. Other MTA unions currently pay out-of-pocket medical, which has already surpassed 1.5%
of their gross wages. "It was a long and difficult negotiation process, but we didn't leave the table until we could
come away with a package commensurate with the services provided by bridge and tunnel cops. The overwhelming ratification
vote speaks for itself," said Joe Mauro, President of the Bridge and Tunnel Officers Benevolent Association. "This
contract provides economic gains and other benefits that helps to meet the needs of our members and their families,":
added union Vice President Greg Lombardi. Of the 591 valid ballots cast, 502 voted to approve the new contract.
IMPORTANT DATES TO REMEMBER
CHILDREN'S ART CALENDAR ENTRIES MUST BE SUBMITTED BY AUGUST 10th!
Triborough Bridge walk takes toll on fugitive - he gets arrested By Jonathan Lemire DAILY NEWS STAFF WRITER
Friday,
July 4th 2008, 10:08 PM
A man wanted for threatening police officers in Washington, D.C., was arrested Friday after
he was spotted loitering near a high-security area of the Triborough Bridge, officials said.
Sharp-eyed Bridge and
Tunnel cop Cesar Alvarez had just gone off duty and was in his car heading home at 8:30 a.m. when he spotted a familiar face
on the bridge's span, officials said.
Alvarez recognized Terrence Blackman, 46, from a police bulletin. Blackman was
wanted for threatening cops in the nation's capital and for an outstanding felony warrant in New York.
Calling for
backup, Alvarez, a 16-year veteran, followed in his car as Blackman walked along the pedestrian ramp. The suspect was arrested
as soon as he reached 125th St. in Manhattan, officials said.
Cops searched Blackman's backpack and discovered two
10-inch throwing knives, one 8-inch dagger and a mysterious white powder.
Blackman was charged with loitering, criminal
possession of a weapon and criminal possession of an illegal substance. He was expected to be extradited to Washington, officials
said.
ALBANY ACTION!
PERB BILL ( A9898) PASSES ASSEMBLY & SENATE! OUR PERB BILL NOW GOES TO GOVERNOR PATERSON.
The Bill (A4573) to include BTO Crime Statistics in DCJS Reports passes Assembly & Senate, going to Governor Paterson
CONTRACT OFFER DETAILS
Dear BTOBA Sisters and Brothers,
The BTOBA Executive Board has negotiated a new tentative contract agreement with Triborough
that provides wage, increases and other economic gains, as well as improvements and enhancements to benefits, retroactive
to March 1, 2006. The new agreement, which would run through May 19, 2009, is tentative pending ratification by the union
membership.
More specifically, this new pact provides all BTOs with increases in wages (10.5% over the life of the contract),
longevity pay, uniform allowance, Check-In/Check-Out, paid holidays, and in many other areas. In addition, for the first time
in our history, BTOs will receive a ground-breaking law enforcement differential. We were able to remove clauses in the old
contract that were detrimental to BTOs, especially those hired after 1997 -- for example, a clause that allowed Triborough
to deny this group weekends off for their entire career. We also had the progressive discipline clause amended, and we got
Triborough to make the current vacation scheduling permanent for all BTOs, which means those hired after 1997 are no longer
at the mercy of management’s scheduling whims.
In
addition, we fought back many of Triborough’s demands. Management wanted us to pay out-of-pocket for our medical coverage
like other MTA unions. We said no. They wanted to eliminate Check-In/Check-Out. We not only said no, we won an increase. There
are many more areas where we made gains and also rejected Triborough’s demands. You the full Memorandum of Understanding
and now we have provided a synopsis of the highlights of the tentative agreement, along with the full Memorandum of Understanding.
Also enclosed is a secret mail-home ratification ballot that must be received by July 10th. Please review all of the enclosed
material with your family so that you can cast an informed ratification vote. The entire BTOBA Executive Board and the full
Delegate Body voted unanimously to bring this contract offer to the membership for a vote.
In closing, we believe the increases,
improvements and enhancements in this tentative pact will meet the needs of BTOs and their families well into the future and,
therefore, respectfully recommend that you vote to accept this new tentative contract.
In solidarity,
The BTOBA Executive Board
What We Won at the Collective Bargaining Table:
A new 38 1/2 month contract retroactive to March 1, 2006 through May 19, 2009.
Wage increases totaling 10.5% implemented as follows: 3% retroactive to March 1, 2006,
4% retroactive to March 1, 2007, and 3.5% retroactive to March 1, 2008.
Top salary increases from $52, 714 to $58,444, along with differential and fringe
benefits.
No employee out-of-pocket
contribution to medical plan!
A ground-breaking extra $200 annual law enforcement differential.
Disciplinary improvements. A first discipline is expunged from BTOs’ record after
five years without a subsequent discipline except for insubordination or termination cases.
The current vacation scheduling system is permanent for all BTOs, meaning that all
BTOs hired prior to 1997 are no longer at the mercy of Triborough’s mandatory vacation slots.
Removed clause in old contract that precluded BTOs hired after 1997 from having weekends
off. Triborough now has to give BTOs hired after 1997 at least 3 of every 10 weekends off, protecting all new hires
against never having a weekend off during their entire career.
Longevity allowance increased by $100 per step; also added a pensionable longevity
step of $2,600 after 25 years of service.
Uniform allowance increased by $100, from $1,100 to $1,200.
Check-In/Check-Out amount increased by $150, from $2,122 to $2,272.
Increase in TBTA’s contribution to the BTOBA Family Protection Plan benefits,
including the annual sum of $2,500 per active member and retiree effective May 15, 2008 and $2,620 per effective Feb. 15.
2009. In addition, Triborough will make a one-time contribution of $130,000 to the Family Protection Plan.
An extra paid holiday upon contract ratification, with future additional paid holiday
accrual on Jan. 31st.
All days for perfect attendance will be cashed out and paid at the higher Paid Holiday
Rate.
Improvements on Forced Overtime: In cases of forced OT, the junior BTO on the tour
who has not worked OT that tour or who is not working his/her RDO, will be required to work ordered OT.
OT can be offered to a BTO even when replacing an absent temporary worker.
Documentation is no longer required
for the first three emergency personal business (EPBs) in a leave year (except for those taken the day before/after or on
Thanksgiving, Christmas, New Years, July 4th, Labor Day, and EPBs taken before/after RDOs or vacation.
A BTO who fails the gun-qualifying
test is now entitled to a requalify on paid time, regardless of the score, on the same day or the next business day using
rounds provided by Triborough (practice rounds are increased from 50 to 100, unless the BTO qualifies after the initial 50
rounds). BTOs in this situation will receive any necessary instruction prior to the requalification.
A panel consisting of a Triborough and union representative will hear appeals in cases
of firearm removal. If an agreement cannot be reached, the MTA director of security (who has law enforcement background),
instead of the VP of operations, will make a ruling on the appeal.
BTOs will receive OT up to 4 hours past their regular tour due to arrest duties. If
arrest duties continue over 4 hours, instead of OT the next regular tour is advanced, with the BTO receiving straight time
pay (including all differentials) for the advanced tour (instead of pay for the original tour. If arrest duties continue past
8 hours of the advanced tour, however, the BTO will resume OT pay for all hours beyond the 8-hour advanced tour.
A suspended BTO can bid on a new facility (but cannot transfer to the new facility
until the suspension is served).
Additional affordable life insurance (approximately $200,000, without a medical exam)
under the management group life insurance program is available to BTOs (paid by BTOs). Aflac is available to all BTOs for
a two-year trial period.
Additional Changes: First Step Salary will remain at $36,900 for the first year
of employment following ratification of the contract and new Officers in the first 11 weeks of training at the Academy will
be paid 15% below starting salary. (Approximately $100 per week) After the first year, Officers will be paid the full second
year rate.
We Rejected and Defeated These Triborough Concession Demands:
Triborough wanted us to pay out-of-pocket for our medical benefits on an escalating
percentage basis the same as other MTA unions, which have already surpassed 1.5% of their gross wages. We will not pay any
premiums for our our medical coverage!
Triborough wanted to eliminate our Check-In/Check-Out. We not only said no, we won
an increase in Check-In/Check-Out.
Triborough wanted mandatory cash payments for two paid holidays, which would have meant
loss of OT and a day off. We said no, and instead won an extra paid holiday and BTOs still have the discretion to take paid
holidays as cash or days off.
Triborough wanted to treat a 6-hour notification of cancellation of OT as an absence,
requiring a doctor’s note even though it isn’t even scheduled work.
Triborough wanted to transfer anyone at the tunnels who was not gun-qualified and authorized..
Instead, transfers to the tunnels will have to be gun-qualified and authorized.
HELPFUL HOUSING LEADS
Officers looking for affordable housing in New York City have their work cut out for them. The link below
may provide some useful leads.
Applications of interest are now available for six new condominium apartments
being constructed at 237 & 247 W. 115th Street in the West Harlem section of Manhattan. These condominiums are being offered
through the Cornerstone Program of New York City’s Department of Housing Preservation and Development (HPD). Amenities
include a bike storage room; landscaped courtyard; state of the art kitchens and baths; and washer/dryer in each apartment.
All apartments will be pre-wired and ready for cable TV and high-speed Internet access. Three 1-bedroom/1 bath apartments
priced at $136,903 and three 1 bedroom/2 bath apartments priced at $168,836 will be offered. Assuming a 10% down payment,
the apartments are affordable to families with incomes between $35,000 and $49,150, as adjusted for household size.
All
purchasers must have suffi cient combined income, and debt limitations to qualify for mortgage financing, down payment, and
closing costs. End loan fi nancing is available to qualifi ed applicants through institutional lenders. Assets of purchasers
may not exceed $96,465.60. Applications of interest may be requested as follows: By email from: delanyloftslottery@warburgrealty.com.
By mail to: Delany Lofts Lottery, P.O. Box 1797, Morningside Station, NY, NY 10026. Completed applications must be
returned by regular mail only (no priority, certified, registered, express or overnight mail will be accepted) to a post offi
ce box number listed on the application, and must be postmarked by May 24, 2008. All applications postmarked after the
deadline date of May 24, 2008 will be set aside for possible future consideration. Applicants and/or co-applicants who submit
more than one application will be disqualified.
BUYERS MUST OCCUPY THE UNIT AS THEIR PRIMARY RESIDENCE.
Prospective buyers will be selected by a lottery. Preference will be given
to New York City residents. In addition, residents of Manhattan Community Board 10 will receive preference for 50% of the
apartments, households that include person(s) with mobility impairments will receive a preference for 5% of the apartments;
households that include person(s) with hearing or visual impairments will receive preference for 2% of the apartments; and
Municipal Employees of the City of New York will receive preference for 5% of the apartments. Informational seminars will
be held on: Tuesday, April 8th and Wednesday, April 30th. Both seminars will be held at the State Offi ce Building at 163
W. 125th Street and will be held from 6:30 PM to 8 PM. Picture I.D. is required. Seminar attendance is not mandatory.
No brokers’ fee or application fee is charged for this development. Prospective applicants who currently own, or
have in the last fi ve years owned, a residence developed under an HPD, NYCPartnership or NYC Housing Development Corporation
project or programs are ineligible.
The Officer Next Door Program - Bridge & Tunnel Officers as sworn Peace Officers are eligible for a 50% savings on
the cost of a single family home in select areas under HUD's Officer Next Door Program. Please click the link below
for further information:
Many Officers are unsure of which off-duty weapons we are authorized to carry. Bridge & Tunnel Officers may carry
the Glock Model 26, 9 .mm or a .38 caliber revolver manufactured by Smith & Wesson, Colt and Ruger. All firearmes
must conform to the TBTA Gun Policy in terms of style, color and ammo carried.
Weigh Full Automation MTA Bridge Union: Bell Not Tolling
Yet By ARI PAUL - The Chief - March 14,
2006
While toll collectors at Metropolitan Transportation Authority bridges
and tunnels may be replaced by an electronic tolling system, their union leader remains unafraid - for now.
JOE MAURO: Questions plan's viability.
"They're going to do a study," said Bridge and Tunnel Officers Benevolent Association President Joe Mauro in a
March 6 phone interview. "I don't know what that means. They've done studies on a lot of things, but that doesn't mean it
comes to pass."
Drive Now, Pay Later?
He had been informed before MTA Executive Director and CEO Elliot Sander's "State of the MTA" address March 3 that the
authority was considering a video system that would record license numbers and bill drivers who do not use the E-Z Pass system.
Mr. Mauro doubted that such a system would better serve the MTA.
"If you drive through a toll, who's going to be collecting tolls from these people?" he asked.
Noting that the MTA had been considering the plan for a while, City Council Transportation Committee Chairman John Liu
said that more unmanned tolling was inevitable.
"The systems are not going to be perfected for a long time, so some human presence is still going to be needed for the
foreseeable future," he said. "And the reality is any time this kind of technology is introduced, it creates new jobs that
will then need to be filled."
William Anderson, a professor at the Center for Transportation Studies at Boston University, said that there are systems
similar to the one the MTA will study in London and Toronto.
Succeeded Elsewhere
"It's one of those technologies where it almost sounds like it wouldn't work, but it seems to be working in a few applications,"
he said. "I suppose it would be hard to catch up with out-of-state people and things like that."
Mr. Mauro represents nearly 700 officers at the MTA's Bridge and Tunnel Authority, and acknowledged that even though it
was too early to brace for job losses, the implementation of the proposed system was a possibility.
"Would we like that? Obviously not," he said. "We'll still be patrolling the bridges. It's not like we would become extinct."
NIKE NICKERS NABBED IN FAUX FOOTWEAR FELONY!
Two North Carolina men were nabbed at a Triborough Bridge Bronx Plaza Checkpoint for transporting $64,000 worth of counterfeit
Nike sneakers on March 6, 2008.
BTO Larry Herzog made the stop at approximately 5 PM and when the occupants of the truck could not produce
a bill of lading for some 641 pairs of alleged Nike sneakers he became suspicious. A Nike Counterfeit Specialist
confirmed that the footwear was indeed fake and Officer Herzog placed the two occupants under arrest.
SANTA MAKES THE DAY!
Just look at the eyes on the faces of these shocked kids!
TOY DRIVE 2007
by- Greg Lombardi
The BTOBA is part of the Annual Toy Drive in association with the TBTA EMERALD SOCIETY,
Local 1931, SOBA, TBTA White Collar Unit, FOP Lodge #77 and all TBTA Employees. Today's Toy Drive was a mega-success
with hundreds of kids meeting Santa (Ret. Lt. Bob Gibson) and his helpers at the New York Foundling Hospital.
Special thanks to all Bridge & Tunnel Officers who donated toys, clothes etc. You helped these children
who have so little, to have a very happy day! The kids were so adorable and very happy to receive their toys. It was
a very touching day for all of us who helped Santa out.
Several retired Officers, Sergeants and Lieutenants made the trip too and I think (Ret.) Lieutenant Vito Pignatelli
said it best when he quoted from the famous idiom, ..."There but for the grace of God go I," as we looked together upon the
assembled groups of kids and we counted our own blessings
on this day and every day.
Thanks again to all our members who took part in this
wonderful day. Thanks to Emerald Society President,
Harry Hyland, who worked so long an hard on this as always; (Harry generally calls
me sometime in August and says "Greg, I know I'm early but I'm calling about the next Toy Drive." Then I call him crazy
and he gets the ball rolling.) FOP Lodge #77 President Sgt. Mike Vrettos, TBTA's Noreen Gonzalez and Nancy Barrios, TNB General
Manager Ed Wallace, Local 1931 Vice President, Tony Mattia, Madman Mike MacCaullife
and Mike Gatti. BTOBA President Joe Mauro, Research/Negotiations Chairman, Kevin Heltzer, Chief Health &
Safety Officer, Bryan Walsh, Toy Drive Veterans (Ret.) BTO John
Altuna, BTO John Sutera, TBM's Chief Delegate Chris Duffy, TBB's Chief Delegate Mike Schlosser, BBT's
Chief Delegate Mike Andino, QMT's Chief Delegate Wayne Joseph, BWB's Chief Delegate Worrell Francis, TNB's Chief Delegate
Ralph Anzano, HHB's Chief Delegate Glenn Perez, Cross Bay Bridge's Chief Delegate Orlando Padilla,Sgt. Eric
Velez and I apologize for those folks I've inadvertently left out as the list of helpers is extra long this
year thankfully.
Thanks for all of your gracious help, time and effort and for letting me be a part of it all. It's truly
the best day at work I've ever had!
EXTRA CHECKS COMING SOON:
UNIFORM ALLOWANCE - 01/01/08 (AVAILABLE 12/31/07)
QUEENS-MIDTOWN TUNNEL OFFICERS CARATELLI AND EASON HONORED BY THE MTA BOARD.
Cops nabbed a driver carrying more than $250,000 worth of counterfeit Nike sneakers during a routine traffic check, authorities
said yesterday.
Khattan Youssef Bazi, 51, of Dearborn, Mich., was charged with trademark counterfeiting after the 53-foot trailer he was
driving was found containing 3,475 pairs of bogus Nikes.
Bazi was stopped on the Bronx-bound plaza of the Triborough Bridge at 10:30 p.m. Thursday by MTA Officers Mardakh Mardakhayev
and Jason Green as part of a stricter enforcement of truck-weight restrictions
DEPARTMENT OF JUSTICE ANNOUNCES FINDINGS ON DRAGON SKIN BODY ARMOR
WASHINGTON,
D.C. - The Department of Justice (DOJ), Office of Justice Programs (OJP) announced today that it has determined that the Pinnacle
Armor, Inc. bulletproof vest model SOV 2000.1/MIL3AF01, is not in compliance with the requirements of OJP's National Institute
of Justice (NIJ) voluntary compliance testing program for bullet-resistant body armor. Effective immediately, this body
armor model will be removed from the NIJ list of bullet-resistant body armor models that satisfy its requirements. Pinnacle
Armor, Inc. is the maker of "dragon skin" body armor.
NIJ, OJP's research,
development, and evaluation component, has reviewed evidence provided by the body armor manufacturer and has determined that
the evidence is insufficient to demonstrate that the body armor model will maintain its ballistic performance over its six-year
declared warranty period.
Notwithstanding
NIJ's determination, DOJ encourages public safety officers to wear their Pinnacle Body Armor, Inc. body armor, model SOV 2000.1/MIL3AF01
until replacement because research has shown that officers are more likely to suffer a fatal injury when not wearing body
armor.
In addition, DOJ strongly recommends
that public safety agencies and officers who purchase new bullet-resistant body armor verify, prior to purchase, that the
body armor model appears on NIJ's list of models that comply with its most current requirements, the 2005 Interim Requirements
for Bullet-Resistant Body Armor. A list of these models is available at www.justnet.org. DOJ also encourages public safety officers to follow body armor manufacturer "wear and care" instructions, and not
to store armor in the trunk of their vehicle or other environments in which armor might be exposed to extreme heat or cold.
Information about the DOJ Body Armor Safety Initiative
can be found at http://vests.ojp.gov.
From The New York Post July 7, 2006
GOV A 'VETO' CORLEONE
July 7, 2007 -- ALBANY - Gov. Spitzer vetoed a series of bills yesterday that would have expanded binding arbitration
in New York for police and other municipal workers.
Among dozens of vetoes handed down yesterday, Spitzer rejected bills to give binding-arbitration rights to Office of Mental
Health security assistants and court workers.
He also vetoed a bill that would have expanded the power of arbitration boards handling cases involving state troopers
and another that would have set new requirements for boards for MTA Bridges and Tunnels officers.
GOVERNOR SPITZER VETOES OUR PERB BILL!
Thank you all for your help in lobbying for our PERB Bill. Unfortunately, the Governor has vetoed the bill. The
text of the Governor's Veto is below.
VETO MESSAGE:
VETO MESSAGE - No. 19
TO THE SENATE:
I am returning herewith, without my approval, the following bill:
Senate Bill Number 1063, entitled:
"AN ACT to amend the civil service law, in relation to the resol-
ution of disputes in the course of collective negotiations for
employees of the Triborough Bridge and Tunnel Authority who are
employed as bridge and tunnel officers"
NOT APPROVED
This bill - which is identical to bills that were vetoed in 2005 and
2006 - would add to the list of considerations that must be taken into
account by an interest arbitration panel, addressing an impasse between
the Triborough Bridge and Tunnel Authority ("TBTA") and its peace offi-
cers. Specifically, the bill would require arbitrators to consider: (1)
hazards of employment; (2) physical qualifications; (3) educational
qualifications; (4) mental qualifications; and (5) job training and
skills. These considerations mirror those included in the arbitration
criteria for firefighters, police, deputy sheriffs and state corrections
officers. Consideration of these factors would not be required for any
other employees of the Metropolitan Transportation Authority ("MTA") or
its subsidiaries, who are governed by the same statute.
The bill's supporters argue that Bridge and Tunnel Officers are unique
in comparison to other MTA employees, and warrant special consideration.
They point to the important law enforcement functions carried out by
these officers, including setting up checkpoints, making arrests, and
maintaining vehicle safety rules.
I recognize the essential contributions of these officers to the safe-
ty of our roads and the protection of our citizens. For the crucial work
they perform, the Bridge and Tunnel Officers deserve our gratitude and
respect. This bill, however, would create a legislative mandate that
their arbitration procedures by governed by a different set of criteria
than those of thousands of other workers. The Bridge and Tunnel Officers
are free to make the argument in collective bargaining, or to a binding
arbitration panel, that their responsibilities warrant greater consider-
ation and remuneration. On the basis of the record before me, however, I
see no reason to enshrine this distinction in law.
I am also concerned about other potential ill effects of enacting this
legislation. Singling out one group of employees for a unique set of
criteria undoubtedly will lead other groups to make the same demand, and
encourage more of the kind of piecemeal push for legislative advantage
that has characterized this area of the law. Moreover, the TBTA and its
employees have successfully reached contract agreements through collec-
tive bargaining without resort to arbitration. This bill, which raises
the prospect that an arbitrator will issue a higher award based no the
new factors introduced, will create an incentive for the union to wait
for arbitration rather than settle contracts via negotiation.
The bill is disapproved. (signed) ELIOT SPITZER
__________
The Law Enforcement Awards for actions taken in 2006 were held at Randall's Island on June 8, 2007. Bridge &
Tunnel Officers, Sergeants and Lieutenants were honored for a variety of actions including lifesaving actions, multiple felony
collars for weapons possession and narcotics and more.
The BTOBA Executive Board attended including President Joseph Mauro, Vice President Greg Lombardi, 2nd Vice President
Laurence J. Levine, Grievance Chairman, Charles Bishop, Health & Wefare Benefits Chairman Tom Duffy, Research/Negotiations
Chairman Kevin Heltzer and Chief Health & Safety Officer Bryan Walsh.
TBTA Chief James Fortunato headed the proceedings and described the many valiant actions of the men
and women of the Bridge & Tunnel Operations Force.
MTA Bridges & Tunnels President David Moretti spoke of the extraordinary work done andmentioned
that the new law enforcement medals were in line with all the other law enforcement agencies so that other Officers could
easily recognize the medals as our peers.
SOBA President Marc Sirlin praised the award recipients and reminded them that their actions represent
the Authority to the public eye.
BTOBA VIce President Greg Lombardi lauded the strong efforts of the Officers in making over 1800 arrests during
2006. VP Lombardi stressed how increased training has improved arrest situations and safety of the our Officers. He
singled out BTO Kevin Heltzer for his extraordinary work with the affected Officers during the recent shootings
and congratulated and hailed the medal recipients as"the best of the
best, the proudest of The Proudest and the backbone of our Force."
BREAKING NEWS - SHOOTOUT AT TRIBOROUGH BRIDGE - OFFICER NOT INJURED
CRU OFFICER TONY BARBATO WAS INVOLVED IN IN A CAR CHASE AND SHOOTOUT
AT TRIBOROUGH BRIDGE AT APPROXIMATELY 0330 HOURS THIS MORNING. TONY IS WELL, SAFE AND SOUND I AM PLEASED TO REPORT.
...More as it comes in...
From The NY POST- by TATIANA DELIGIANNAKIS, MURRAY WEISS and JAMIE SCHRAM
Queens : A Corona man was arrested after a high-speed chase that started at the Triborough Bridge and ended in Forest
Hills early yesterday, authorities said.
MTA Bridges and Tunnels cop Anthony Barbato tried pulling over John Bohm, who sped over the bridge at
76 mph in a 40 mph zone, sources said.
Barbato followed Bohm, driving a red Lincoln Town Car, onto the Grand Central Parkway and then the Van Wyck Expressway.
Bohm eventually reached Union Turnpike, where he suddenly skidded to a stop, threw the car into reverse and tried ramming
the cop, sources said.
Barbato fired two shots but missed.
He eventually caught the driver, who did not have a license and refused to submit to a Breathalyzer test.
The plates did not belong to the car, which had not been inspected or insured.
Bohm was charged with assault and reckless endangerment, along with numerous reckless-driving charges.
WE NEED YOUR HELP AND WE NEED IT NOW!
The BTO PERB BILL has passed the Assembly and the Senate and is going to the Governor's Desk.
We need each and every BTO to send a letter of support for this vital Bill to Governor Spitzer. This Bill would add a
special section to The Taylor Law that would permit PERB to consider the special training and unique duties of BTOs during
CONTRACT INTEREST ARBITRATION. Information on the Bill is below; along with a sample letter that you can cut and paste and
either mail (preferred) or e-mail to Governor Spitzer.
===========================================
STATUS: S1063 MALTESE
Civil Service Law TITLE....Relates to additional considerations for public arbitration panels relating to certain employees
of the Triborough Bridge and Tunnel Authority
MALTESE Amd S209, Civ Serv L Establishes public arbitration panels shall take into consideration
for employees of the Triborough bridge and tunnel authority who are employed as bridge and tunnel officers and are peace officers
a comparison of peculiarities in regards to other trades or professions.
BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________
S. 1063 A. 2186
2007-2008 Regular Sessions
SENATE - ASSEMBLY
January 16, 2007
___________
IN SENATE -- Introduced by Sen. MALTESE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Civil Service
and Pensions
IN ASSEMBLY -- Introduced by M. of A. ABBATE -- read once and referred
to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to the resolution of
disputes in the course of collective negotiations for employees of the
Triborough Bridge and Tunnel Authority who are employed as bridge and
tunnel officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 5 of section 209 of the civil
2 service law, as added by chapter 929 of the laws of 1986, is amended to
3 read as follows:
4 (d) Such panel shall make a just and reasonable determination of
5 matters in dispute. In arriving at such determination, the panel shall
6 specify the basis for its findings, taking into consideration, in addi-
7 tion to any other relevant factors, the following:
8 (i) comparison of the wages, hours, fringe benefits, conditions and
9 characteristics of employment of the public employees involved in the
10 impasse proceeding with the wages, hours, fringe benefits, conditions
11 and characteristics of employment of other employees performing similar
12 work and other employees generally in public or private employment in
13 New York city or comparable communities;
14 (ii) the overall compensation paid to the employees involved in the
15 impasse proceeding, including direct wage compensation, overtime and
16 premium pay, vacations, holidays and other excused time, insurance,
17 pensions, medical and hospitalization benefits, food and apparel
18 furnished, and all other benefits received;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06065-01-7
S. 1063 2
A. 2186
1 (iii) the impact of the panel's award on the financial ability of the
2 public employer to pay, on the present fares and on the continued
3 provision of services to the public;
4 (iv) changes in the average consumer prices for goods and services,
5 commonly known as the cost of living;
6 (v) the interest and welfare of the public; [and]
7 (vi) for employees of the Triborough bridge and tunnel authority who
8 are employed as bridge and tunnel officers and are designated as peace
9 officers pursuant to subdivision twenty of section 2.10 of the criminal
10 procedure law, shall use comparison of peculiarities in regard to other
11 trades or professions, including specifically, (1) hazards of employ-
12 ment; (2) physical qualifications; (3) educational qualifications; (4)
13 mental qualifications; and (5) job training and skills; and
14 (vii) such other factors as are normally and customarily considered
in
15 the determination of wages, hours, fringe benefits and other working
16 conditions in collective negotiations or impasse panel proceedings.
17 § 2. This act shall take effect immediately; provided that the amend-
18 ments to paragraph (d) of subdivision 5 of section 209 of the civil
19 service law made by section one of this act shall not affect the expira-
20 tion of such subdivision and shall be deemed to expire therewith.
SPONSORS MEMO:
NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate
Rule VI. Sec 1
BILL NUMBER: S1063
SPONSOR: MALTESE TITLE OF BILL:
An act to amend the civil service law, in relation to the resolution of
disputes in the course of collective negotiations for employees of the
Triborough Bridge and Tunnel Authority who are employed as bridge and
tunnel officers
PURPOSE:
To require an arbitration panel to consider qualifications and training
requirements for Bridge and Tunnel Officers.
SUMMARY OF PROVISIONS:
Amends §209.5 of the civil service law by adding a new subdivision,
209.5 d-VI.
JUSTIFICATION:
Currently, there are no provisions in the civil service law 209.5, that
spell out the specific qualifications and training requirements for
Bridge and Tunnel Officers. By adding this new subdivision 209.5 d-VI,
the panel will consider the special training the officers receive.
LEGISLATIVE HISTORY:
S.6836 of 2005-06. Vetoed by Governor.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
SAMPLE LETTER TO THE GOVERNOR
Honorable Eliot Spitzer
Governor
Executive Chamber
State Capitol
Albany New York 12224
Re: S.1063
A.2186
Dear Governor Spitzer:
I serve proudly as a Bridge & Tunnel Officer for MTA Bridges & Tunnels. I encourage you to sign in to law Bill
S. 1063. This Bill would rectify a longstanding inequity in the law and would allow PERB to consider the special training
and unique duties of Bridge & Tunnel Officers during Arbitration.
Thank you for your consideration of this matter that is vital to me and my family.
Sincerely,
Please cut and paste the above letter to Governor Spitzer's e-mail page linked below:
Study Finds Police Training Plays Key Role in Shootings
Published: June 2, 2007
In making snap decisions about whether to shoot a potentially armed suspect, police officers are far less influenced by
racial bias than students or community members forced to make the same decision, a large study has found.
The study, which was based on video simulations of armed and unarmed confrontations, found that racial stereotypes influenced
the reaction times of both officers and civilians, but swayed the ultimate decision to fire only in civilian participants.
The findings, while offering little solace to the relatives of Sean Bell, Amadou Diallo and other minority victims of police gunfire in New York City, suggest that the impact of race on police behavior is subtler
than previously understood, and is strongly shaped by professional training.
In previous research, investigators have found evidence that the police use greater force to restrain minority suspects
than white ones. And in the wake of the Rodney G. King beating in 1991 in California, an investigation of the Los Angeles
Police Department concluded that officers with antiblack attitudes were more likely to be promoted than others.
But the new study, reported yesterday in The Journal of Personality and Social Psychology, is the first to rigorously compare
the influence of race on such life-and-death decisions in officers and in non-officers.
“We don’t mean to suggest that this is conclusive evidence that there is no racial bias in police officers’
decisions to shoot,” said Joshua Correll, a psychologist at the University of Chicago and lead author of the study. “But we’ve run these tests with thousands of people now, and we’ve never
seen this ability to restrain behavior in any group other than police officers.”
Dr. Correll said that the findings were unexpected, given that the police were exposed to the usual racial stereotypes
in popular culture, as well as in roll calls, confrontations on the beat and other cruelties of the system up close. His co-authors
were Bernd Wittenbrink of the University of Chicago; Bernadette Park, Charles Judd and Melody Sadler of the University of Colorado in Boulder; and Tracie Keesee of the Denver Police Department.
Donna Lieberman, executive director of the New York Civil Liberties Union, which has called for an investigation of the Sean Bell shooting, said the study was good news, both for police departments
and for those who advocate for equal justice. Mr. Bell, a groom-to-be, was killed in November when five officers fired 50
shots at his car as he left a bachelor party in Queens.
“It demonstrates that people can be trained not to rely on racially biased cues in deciding to pull the trigger,”
Ms. Lieberman said of the new study. But the findings, she added, “should compel departments with histories of shooting
unarmed black men to undertake a re-examination of their firearms training.”
The research was conducted in 2004, and included 157 officers from the Denver Police Department, 113 officers from departments
around the country, and a diverse group of 245 adults from the Denver area. The police officers and the civilians were drawn
to represent blacks, whites and Latinos, but the sample was not nationally representative.
In one experiment, participants watched a video screen as a series of 50 threatening images flashed by, one after another:
men, half of them black and half white, each shown once while armed and once while holding something innocuous, like a can
of Coca-Cola or a cellphone. The participants hit a button to shoot or to hold fire for each image they saw.
The researchers measured reaction times down to the millisecond, and found a clear effect of stereotyping. Both officers
and civilians took 10 to 20 milliseconds longer to make a decision when they saw either an unarmed black man, or an armed
white man, compared to the other images. This tiny twitch of time reflects the cultural expectation that it is black men who
are more likely to have a gun, experts say, and some studies suggest that blacks as well as whites are susceptible to it.
But when it mattered — pull the trigger or not — the police officers tuned out race. They shot at about 13
percent of the unarmed black men and roughly the same number of the unarmed white men. By contrast, the civilians shot at
about 35 percent of the unarmed black men and 29 percent of unarmed white men.
To check the results, the researchers ran the entire trial again, and speeded the rate that the images flashed by. The
results were the same. Compared to the public at large, the authors concluded, police officers had a “less trigger-happy
orientation.”
Ms. Keesee, a commander, has patrolled all over Denver, and said that in some areas suspicions of police racism ran high.
“Whenever there’s a shooting of a black suspect by a white officer,” she said, “it has a significant
effect on the community, and the elephant in the room, the big question, is, Do you train your officers to shoot black males?
This affirms that we’re on the right track.”
Ronald Weitzer, a sociologist at George Washington University who was not involved in the research, called the result a major finding.
“It suggests that police officers are far more circumspect than they’re usually given credit for,” Dr.
Weitzer said. “But at the same time there’s the age-old problem of the lab studies versus the real world.”
Officers may be tired, afraid or unable to see clearly, or all of those things, when a partner starts firing.
“Or let’s say officers might respond to a situation and suddenly are surrounded by onlookers, bystanders who
are yelling at them; that is going to make you more tense,” Dr. Weitzer said. “It’s not possible to capture
all that in a study like this.”
May 19, 2007 -- Grammy Award-winning rapper Method Man lived up to his stage name - Staten Island slang for marijuana -
when he was busted by a toll-booth cop for smoking a blunt, police said yesterday.
Method Man, a k a Clifford Smith, 'fessed up to carrying about 28 grams of dope in his 2005 green Lincoln immediately after
being stopped by a bridge-and-tunnel cop as he drove into Manhattan at about 10 p.m. Thursday.
He was about to pay the toll for the Battery Tunnel in Brooklyn when Officer Donald Johnston, spotting his car's expired
inspection sticker, pulled him over, according to the criminal complaint.
When the rapper rolled down his window, the cop was hit with a waft of marijuana smoke and noticed two pot-filled cigars
and a plastic bag containing even more grass in the car.
When Method Man said he had yet more pot under the driver's seat, he was taken into custody without a fuss, said a police
source, who added, "I guess he was feeling mellow."
Method Man was released on his own recognizance yesterday after having been arraigned in Brooklyn Criminal Court.
Retired BTOS (less than 10 years) recent amendments to Section 89-n (4) of the General Business Law, may have
a direct effect on you.
Here is the amended Subdivision 4.
4. The provisions of this section shall not apply to a security guard who is: a. a correction officer of any state
correctional facility having the powers of a peace officer pursuant to subdivision twenty-five of section 2.10 of the criminal
procedure law; b. a bridge and tunnel officer, sergeant or lieutenant of the Triborough bridge and tunnel authority having
the powers of a peace officer pursuant to subdivision twenty of section 2.10 of the criminal procedure law; c. a uniformed
court officer of the unified court system having the powers of a peace officer pursuant to subdivision twenty-one of section
2.10 of the criminal procedure law; d. a court clerk having the powers of a peace officer pursuant to subdivision twenty-one
of section 2.10 of the criminal procedure law; e. a deputy sheriff having the powers of a peace officer pursuant to subdivision
two of section 2.10 of the criminal procedure law; f. a police officer as defined in paragraphs (a), (b), (c), (d), (e),
(f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section 1.20 of the criminal procedure law who has been retired
from such employment for a period not to exceed ten years, provided, however, that a retired police officer who has been retired
from such employment for a period in excess of ten years shall be required to provide proof to his or her security guard employer
of his or her satisfactory completion of an eight hour annual in-service training course approved by the commissioner, and
provided further, however, that a retired police officer who will be required by his or her security guard employer to carry
a firearm or will be authorized to have access to a firearm shall provide to such employer proof of his or her satisfactory
completion of a forty-seven hour firearms training course approved by the commissioner and, if such firearms training course
has not been completed within one year prior to such employment, satisfactory completion of an additional eight hour annual
firearms in-service training course approved by the commissioner, such training course to be completed at least annually;
or g. a peace officer as defined in subdivisions two, twenty and twenty-five and paragraphs a and b of subdivision twenty-one
of section 2.10 of the criminal procedure law who has been retired from such employment for a period not to exceed ten years,
provided, however, that a retired peace officer who has been retired from such employment for a period in excess of ten years
shall be required to provide proof to his or her security guard employer of his or her satisfactory completion of an eight
hour annual in-service training course approved by the municipal police training council, and provided further, however, that
a retired peace officer who will be required by his or her security guard employer to carry a firearm or will be authorized
to have access to a firearm shall provide to such employer proof of his or her satisfactory completion of a forty-seven hour
firearms training course approved by the municipal police training council and, if such firearms training course has not been
completed within one year prior to employment, satisfactory completion of an additional eight hour annual firearms in-service
training course approved by the municipal police training council, such training course to be completed at least annually.
OFF-DUTY ARREST - From
the Staten Island Advance An off-duty Triborough Bridge and Tunnel Authority cop helped arrest four bandits after
they held up a pharmacy in Grasmere yesterday, authorities said.
Officer Paul Padilla was on his
way home from work when he spotted a man running out of the CVS store at Hylan Boulevard and Old Town Road, with two workers
chasing him, at around 1:30 a.m., law-enforcement sources said.
Padilla, an Iraq war veteran who has been with the
TBTA for four years, saw the suspect jump into a car with three other men inside, the sources said.
After confirming
that a robbery had occurred, Padilla followed the Honda, blocked them in on a dead-end street and identified himself as an
officer, authorities said.
Residents on the street heard the commotion and one of them, an off-duty Immigration Customs
Enforcement agent, came out to assist Padilla until backup arrived, sources said.
Lawsuit Accuses M.T.A. of Bias Against Its Black and Hispanic Police Officers
Published: May 5, 2007- The New York Times
Ten current and former members of the Metropolitan Transportation Authority Police Department sued the
agency yesterday, charging that there was a deeply rooted culture of discrimination against black and Hispanic officers.
The suit, filed in Federal District Court in Manhattan, charges that minority officers are denied promotions
or are promoted at a much slower rate than white officers. And it says that overtime work is often steered to white officers,
adding to their paychecks — and, in some cases, their pensions — at the expense of minority officers.
The legal papers also charge that supervisors used racial epithets when speaking with some of the officers who brought
the lawsuit.
The authority’s police force patrols the Metro-North Railroad and Long Island Rail Road commuter lines and stations,
including Grand Central Terminal and Pennsylvania Station, as well as the Staten Island Railway. The force is controlled by
the authority and is separate from the transit division of the New York Police Department, which patrols the subway system.
The authority responded to the lawsuit with a statement that said, “The M.T.A. is proud of the diversity of its Police
Department.”
“We are completely committed to a workplace free of any kind of discrimination or harassment,” the statement
said. A spokesman said the authority had not yet received the court papers, and he declined to comment further.
Detective Lilian Alvarado, one of the plaintiffs, said at a news conference that she had decided to come forward after
her daughter told her she wanted to become a police officer. Detective Alvarado, who is Hispanic, said she did not want her
daughter to face the same discrimination she had faced. “It didn’t matter how long I worked or how hard,”
Detective Alvarado said. “I was ostracized.”
She was promoted to detective in 1994, 14 years after she joined the police force. The lawsuit said that many white officers
were promoted in less than five years. It also said Detective Alvarado was denied the training necessary for rapid advancement.
The other nine plaintiffs are black, three of them now retired.
Some of the incidents described in the lawsuit are said to have taken place in the 1980s and 1990s. One of the most recent
involved a black officer, Michael Benjamin, 44, who said that he was directing traffic in Port Jefferson, on Long Island,
in November 2005 when a sergeant came up to him and cursed at him for allowing the traffic to back up.
“When I questioned his behavior,” Officer Benjamin said at the news conference, the sergeant used a racial
epithet. Officer Benjamin said that when he complained, he was ridiculed and instructed to see a counselor.
Norman Siegel, one of the lawyers representing the officers, said that the lawsuit sought monetary damages from the authority and a court
order directing the authority to stop its discriminatory practices.
The lawsuit says that 86 percent of sergeants, detective sergeants and lieutenants on the force are white. At the level
of captain and above, it says, 96 percent are white.
The Metropolitan Transportation Authority yesterday provided a racial and ethnic breakdown of the force, although not by
rank. Of the 683 members of the force, 465 — or 68 percent — are white, 109 are Hispanic, 90 are black and 19
are Asian.
OSHA Leaves Worker Safety in Hands of Industry
Stephen Crowley/The New York Times
Edwin G. Foulke Jr., left, of OSHA, and Eric Peoples, an injured worker, testified Tuesday at a Congressional
hearing.
Published: April 25, 2007 - The New York Times
WASHINGTON, April 24 — Seven years ago, a Missouri doctor discovered a troubling pattern at a microwave popcorn plant
in the town of Jasper. After an additive was modified to produce a more buttery taste, nine workers came down with a rare,
life-threatening disease that was ravaging their lungs.
J. D. Pooley for The New York Times
Keith Campbell, 49, became ill after having worked for two years at a microwave popcorn factory in Marion,
Ohio.
Puzzled Missouri health authorities turned to two federal agencies in Washington. Scientists at the National Institute
for Occupational Safety and Health, which investigates the causes of workplace health problems, moved quickly to examine patients,
inspect factories and run tests. Within months, they concluded that the workers became ill after exposure to diacetyl, a food-flavoring
agent.
But the Occupational Safety and Health Administration, charged with overseeing workplace safety, reacted with far less urgency. It did not step up plant inspections or mandate
safety standards for businesses, even as more workers became ill.
On Tuesday, the top official at the agency told lawmakers at a Congressional hearing that it would prepare a safety bulletin
and plan to inspect a few dozen of the thousands of food plants that use the additive.
That response reflects OSHA’s practices under the Bush administration, which vowed to limit new rules and roll back
what it considered cumbersome regulations that imposed unnecessary costs on businesses and consumers. Across Washington, political
appointees — often former officials of the industries they now oversee — have eased regulations or weakened enforcement
of rules on issues like driving hours for truckers, logging in forests and corporate mergers.
Since George W. Bush became president, OSHA has issued the fewest significant standards in its history, public health experts say. It has imposed
only one major safety rule. The only significant health standard it issued was ordered by a federal court.
The agency has killed dozens of existing and proposed regulations and delayed adopting others. For example, OSHA has repeatedly
identified silica dust, which can cause lung cancer, and construction site noise as health hazards that warrant new safeguards
for nearly three million workers, but it has yet to require them.
“The people at OSHA have no interest in running a regulatory agency,” said Dr. David Michaels, an occupational
health expert at George Washington University who has written extensively about workplace safety. “If they ever knew how to issue regulations, they’ve forgotten.
The concern about protecting workers has gone out the window.”
Agency officials defend their performance, saying that workplace deaths and injuries have declined during their tenure.
They have been considering new standards and revising outdated ones that were unduly burdensome on businesses, they said,
adding that they have moved cautiously on new rules because those require extensive scientific and economic analysis.
“By the time the Bush administration is done — we have a good record already — we will have a better
record,” said Edwin G. Foulke Jr., the agency’s head, in a recent interview.
On diacetyl, Mr. Foulke said “the science is murky” on whether the additive causes bronchiolitis obliterans,
the disease that has been called “popcorn worker’s lung.” That claim is echoed by some industry officials,
but a number of leading scientists and doctors agree with scientists at the national occupational safety institute that there
is strong evidence linking the additive to the illness.
Without an OSHA standard, which would establish the permissible level of exposure for workers, companies can set any limit
of exposure they want.
Instead of regulations, Mr. Foulke and top officials at other agencies favor a “voluntary compliance strategy,”
reaching agreements with industry associations and companies to police themselves.
Administration officials say such programs are less costly, allowing companies to hire more workers and keep consumer prices
down. The number of voluntary agreements has grown in recent years, but they cover a fraction of the seven million work sites
that OSHA oversees, or less than 1 percent of the work force. Sixty-one food plants out of the tens of thousands across the
country participate; industry representatives say other businesses are taking steps to protect workers on their own.
Critics say the voluntary programs tend to have little focus on specific hazards and no enforcement power. Because only
companies with strong safety records are eligible, they argue, the programs do not force less-conscientious businesses to
improve their workplaces. A 2004 study by the Government Accountability Office found some promising results from such programs, but recommended against expanding them until their effectiveness could be
assessed.
“OSHA has been focusing on the best companies in their voluntary protection program while doing nothing in the area
of standard setting,” said Peg Seminario, the director of occupational safety and health at the A.F.L.-C.I.O. “They’ve simply gotten out of the standard-setting business in favor of industry partnerships that have no teeth.”
While labor organizations and public health experts argue that the agency has been lax in recent years, some industries
have applauded its efforts. Construction companies, for example, are pleased that OSHA recently decided to relax the standards
for handling explosives.
The agency had long been the target of businesses that criticized its rules as arbitrary, costly and confusing. Three of
the biggest industries regulated by OSHA — transportation, agribusiness and construction — have given more than
$630 million in political campaign contributions since 2000, with nearly three-quarters of that money going to Republicans. The Bush administration has promised to address their concerns.
Change at OSHA
“We’re also going to bring a transparency to the regulatory jungle that is unprecedented in the federal government,”
Labor Secretary Elaine L. Chao told business owners in a speech on June 2002. “There are more words in the Federal Register describing OSHA regulations
than there are words in the Bible. They’re a lot less inspired to read and a lot harder to understand. This is not fair.”
Until recently, Congress has provided no significant oversight of OSHA. With Democrats now back in control, House and Senate
committees are holding hearings this week.
Among those who testified Tuesday was Eric Peoples, a former worker at the popcorn plant in Jasper, a small town 125 miles
south of Kansas City. Once healthy, the 35-year-old Mr. Peoples has been told by doctors that he will need a double-lung transplant.
Far from Washington, he finds the debate over the calculus of regulation — the costs to companies and consumers of upgrading
workplaces versus the possible health benefits to workers — baffling.
“I can’t understand what it would take to get them to pass rules to make it safer to handle this stuff,”
Mr. Peoples said, referring to diacetyl. “Something needs to be done.”
The Occupational Safety and Health Administration was created under President Richard M. Nixon in 1970 after Congressional hearings exposed dangerous workplace conditions. The agency was to set and enforce safety standards
as well as detect health hazards before they could take a toll on workers. Since the agency’s creation, deaths and injuries
on the job have steadily declined. Regulators have taken credit for much of that trend, though experts also cite pressure
from insurers and lawsuits. Government records show that in 2005, more than 6,800 workplace-related deaths occurred, along
with 4.2 million injuries and illnesses. OSHA officials say that since 2001, the fatality rate has declined by 7 percent and
the injury rate by 19 percent.
Labor leaders and health experts say those numbers significantly undercount the problem, in part because the Bush administration
has reduced the categories of recognized injuries and because many dangerous jobs are now performed by undocumented workers
who do not report problems.
In one of his first acts in office, President Bush signed legislation repealing one of OSHA’s most-debated accomplishments
during the Clinton administration, an ergonomics standard intended to reduce injuries to factory, construction and office
workers from repetitive motions and lifting. Business groups and manufacturers had lobbied against the measure, saying it
would cost $100 billion to carry out.
By the end of 2001, OSHA had withdrawn more than a dozen proposed regulations. The agency, though, soon identified several
safety priorities: rules on the hazards posed by dust from silica, used as a blasting agent, and noise from construction sites,
which was causing a growing number of workers to suffer hearing loss. The agency has yet to produce either standard, though
OSHA officials say they are working on them.
Mr. Foulke, the OSHA chief, has a history of opposing regulations produced by the agency he now leads. He has described
himself as a “true Ronald Reagan Republican” who “firmly believes in limited government.” Before coming to Washington last year, Mr. Foulke,
a former Republican Party state chairman in South Carolina and top political fund-raiser, worked in Greenville, S.C., for
a law firm that advises companies on how to avoid union organizing. Representing the United States Chamber of Commerce, he
had testified before Congress several times to promote voluntary OSHA compliance programs. He also opposed the ergonomics
standards.
And as a member in the 1990s of an independent agency that reviews OSHA citations, he led a successful effort to weaken
the agency’s enforcement authority.
Early in his tenure at OSHA, Mr. Foulke delivered a speech called “Adults Do the Darndest Things,” which attributed
many injuries to worker carelessness. Large posters of workers’ making dangerous errors, like erecting a tall ladder
close to an overhead wire, were displayed around him.
“Kids don’t always know what their parents do all day at work, but they instinctively understand the importance
of them working safely,” he told the audience, which included children who had won a safety-poster contest. “In
contrast, adults could stand to learn a thing or two. Looking at the posters, I was reminded of a couple examples of safety
and health bloopers that are both humorous and horrible.”
A Pattern of Illness
Soon after Eric Peoples began working at the Jasper popcorn plant in 1997, he was thrilled to get a promotion: from the
assembly line, which paid $6 to $7 an hour, to the mixing room, where he got more than $11 an hour to prepare ingredients.
Ten months later, Mr. Peoples recalled in a recent interview, he came down with a fever and chills. Doctors first said
that Mr. Peoples, then 27, had pneumonia. When he did not improve, he saw a specialist who treated him for asthma. Still suffering
from breathing problems, Mr. Peoples was hospitalized in St. Louis. After days of testing, doctors diagnosed bronchiolitis
obliterans.
“My lung capacity had dropped to 18 percent,” Mr. Peoples said. He was told that there was no cure for the
often-fatal disease and that he would likely need a double lung transplant to survive.
Some of his co-workers had similar health problems. A local lawyer whose mother had fallen ill showed the medical records
of several workers to Dr. Allen Parmet, a former T.W.A. medical director who specializes in occupational hazards.
“It took me about 15 or 20 minutes to see there was a pattern,” said Dr. Parmet, who in his previous two decades
in medicine had seen only three other cases of bronchiolitis obliterans. He contacted the Missouri Department of Health, which
then notified the agencies in Washington.
The Missouri officials noted that in addition to nine sick workers identified by Dr. Parmet, 20 to 30 current and retired
workers had similar symptoms. All had been exposed to vapors from diacetyl, a compound found naturally in cheese, butter,
milk and other foods. It is added for the buttery taste in microwave popcorn and widely used as a flavoring agent in other
foods, like snacks and pastries.
Although Dr. Parmet’s letter was the first that Washington learned of a possible problem with diacetyl, some companies
had been aware of the health hazards. In late 1996, the Flavor and Extract Manufacturers Association heard from a company
that a flavoring plant employee had developed bronchiolitis obliterans. Three years earlier, BASF, the German chemical maker,
had found in animal studies that diacetyl caused severe respiratory problems.
After scientists from the national occupational safety institute visited the Jasper factory and examined the injured workers,
the agency issued a bulletin in September 2001 saying “a work-related cause of lung disease” had occurred there.
In December 2003, the agency issued an alert to more than 4,000 businesses, with tens of thousands of workers, that suggested
safeguards.
OSHA’s response was more limited. The agency sent an inspector to the Jasper plant, but he did not test the air,
saying the company’s insurers had done an environmental sampling four years earlier. He concluded that the plant was
in compliance with existing rules and closed the case.
Sixteen months later, a lawyer for ill workers filed a complaint with the agency. OSHA conducted a 40-minute inspection,
but said it could do nothing more because there was no safety standard that established what level of diacetyl was acceptable.
Since the first outbreak, OSHA has inspected three food and flavoring plants for links to popcorn worker’s lung, and
issued one citation, according to records provided to public health experts at George Washington University and the United
Food and Commercial Workers International Union under the Freedom of Information Act.
Other workers have developed symptoms of the lung disease. Keith Campbell had worked at a Conagra microwave popcorn factory
in Marion, Ohio, for two years when he got sick. He was then 44, but his doctors told him he had the lung capacity of an 80-year-old,
Mr. Campbell said in an interview. He has extreme difficulty breathing, particularly in cold weather. “It’s affected
my entire life,” he said.
Kenneth B. McClain, a lawyer at the Missouri firm that has represented Mr. Peoples and Mr. Campbell, said he had tried
or settled more than 100 cases involving diacetyl and other flavorings and that more than 500 were still awaiting resolution
in Illinois, Indiana, Iowa, Maryland, Missouri and Ohio.
At a two-week trial in March 2004, lawyers for the makers of diacetyl products — International Flavors and Fragrances
and its subsidiary, Bush Boake Allen — maintained that the additive did not cause Mr. Peoples’s illness and that,
in any event, the popcorn company had mishandled the substance. Jurors awarded Mr. Peoples $20 million. His case, like Mr.
Campbell’s, was later settled for an undisclosed amount.
Melissa I. Sachs, a spokeswoman at International Flavors and Fragrances, based in New York, declined to comment on the
cases. According to its latest annual report, the company has been sued by more than 150 workers in four states.
Health experts have not raised alarms about diacetyl vapors that are released when consumers make microwave popcorn. But
they note that there is little science on the issue, and the Environmental Protection Agency has declined to make public the results of its studies.
There are no estimates of the costs of upgrading all plants that use the food additive to protect workers better. Some
microwave popcorn companies, including the Gilster-Mary Lee Corporation plant in Jasper, have spent millions of dollars on
better ventilation, respirators and other equipment.
The Official Response
Two industry groups — the Flavor and Extract Manufacturers Association and the Popcorn Board — have also become
involved in resolving workplace problems, particularly as the lawsuits have mounted. The association has not expressed opposition
to an OSHA standard; its officials say it is working with California regulators to develop one there.
But John Hallagan, the association’s general counsel, says the group is working with OSHA to reach a voluntary compliance
agreement.
“OSHA is doing the right things in addressing flavor-related health and safety issues,” Mr. Hallagan said in
a recent e-mail message.
He said the agency had met with industry and health officials and had posted on a Web site possible health hazards associated
with some flavorings.
In September 2002, OSHA’s Kansas City office entered into an alliance with the Popcorn Board, which represents popcorn
processors, to try to address safety problems. But that arrangement soon ended.
Last July, the United Food and Commercial Workers International Union and the International Brotherhood of Teamsters petitioned OSHA for an emergency temporary standard for diacetyl. Urging action, 42 doctors and scientists from institutions
including Harvard, Yale, the Massachusetts Institute of Technology and Johns Hopkins, wrote to Ms. Chao, who oversees OSHA.
The agency responded by saying it was preparing a safety bulletin and would be monitoring diacetyl hazards at a few dozen
popcorn plants, but not at the thousands of other food factories that use the additive. That has frustrated public health
experts like Dr. Michaels, the George Washington University epidemiologist.
“Here you have one federal agency, Niosh, doing a great job exploring the science behind a problem and a second agency,
OSHA, which is supposed to be moving forward with enforcement and standard setting, and they are not,” he said.
Ron Nixon contributed reporting.
Cocaine won't pay for tolls, dummies!
Tuesday, March 20th 2007,
Maybe they never heard of E-ZPass?
Story by Bob Kappstatter - New York Daily News
Three Long Island men were caught with as much as $4,000 worth of drugs on the Triborough Bridge on Sunday - all because
they couldn't come up with the $4.50 toll, cops said.
The trio was busted by MTA Bridges and Tunnels cops while trying to get from the Bronx to Manhattan Sunday afternoon, police
said.
When Officer Joshua Landon asked to see the driver's license so the agency could mail him a bill for the
toll, Jesus Cancal, 31, of Syosset, only had an expired learner's permit - with eight prior suspensions, police said.
While Landon was arresting Cancal, cops Willie Gamble, Greg Vanicky and Ernesto Reyes approached the 1996 Chrysler to search
it. That's when, they said, they spotted passenger George Perez, 29, of Patchogue, frantically fumbling around in the backseat.
When they ordered him out of the car, bags of cocaine allegedly fell from his lap. Stuffed in his pockets were more bags
of cocaine, as well as a container of liquid angel dust worth about $300 on the street, police said.
A hypodermic needle was allegedly found on the other passenger, Jason Kadlec, 29, of Bellport.
All told, authorities said, 110 packets of cocaine were recovered, with a street value of $3,000 to $4,000.
Cancal, Perez and Kadlec were all charged with possession of a controlled substance.
March 20, 2007 -- Three men were caught with 110 bags of cocaine at the Triborough Bridge after they didn't have enough
money to pay the toll, authorities said yesterday.
The driver, Jesus Cancal, 31, pulled up to the toll booth on Sunday afternoon - but didn't have $4.50 to cross over into
Manhattan from The Bronx.
A Triborough Bridge and Tunnel Authority cop then asked for his license and explained that a bill would be mailed to his
home, law-enforcement sources said.
The cop noticed Cancal was using an expired permit and later found out that the driver had eight suspensions against his
license.
Cops also spotted passenger George Perez, 29, hunched over and "frantically fumbling in the back seat," sources said.
Perez tried cramming nearly $4,000 worth of cocaine in his pockets - but missed a few bags that fell from his lap when
he was ordered out of the car. Another passenger, Jason Kadlec, 29, who had a used needle in his pocket, was also arrested.
The men, who have prior drug arrests, were charged with possession of a controlled substance, police said.
State Deal Will Boost Workers' Comp Payments; Maximum Benefit To Rise to $650 By 2009 By GINGER ADAMS OTIS - The Chief Governor Spitzer joined with legislative leaders
and State AFL-CIO President Denis Hughes Feb. 27 to announce a landmark agreement that will overhaul New York's Workers' Compensation
system, while raising the maximum weekly benefit from $400 to $500 later this year, progressing to $650 by 2009
QMT CHECKPOINT OFFICERS NAB COUNTERFEIT SNEAKERS
Bridge & Tunnel Officers D. Rivera and D. Eason discovered over $25,000
of counterfeit Air Jordan sneakers at a Checkpoint at the Queens-Midtown Tunnel on February 24, 2007.
CARJACKING SHOOTOUT AT BRONX-WHITESTONE BRIDGE- ALL OFFICERS SAFE !
Feb. 20, 2007 - by Greg Lombardi
Bridge & Tunnel Officers on the alert for a carjacked Range Rover yesterday at the Bronx-Whitestone Bridge were involved
in a shootout as the perpetrator tried to run down the Officers that were attempting to stop him. Officers Chaidir
Hasanoeddin and Joseph Garcia ordered the driver out of the stolen vehicle as they discovered it on the Toll Plaza.
The driver ignored the commands of the Officers, reared the vehicle in reverse and revved the engine to help mount the curb,
heading straight for Officer Hasanoeddin. Trapped and fearing for his life, Officer Hasanoeddin fired 3 times at the charging
vehicle. Officer Garcia was forced to hold his fire as Officer Hasanoeddin was then wedged between him and the perpetrator.
Officer Greg Verderber joined the scene and fired once as the vehicle raced at Officer Hasanoeddin.
The driver escaped down a nearby exit ramp and the hijacked vehicle was recovered.
A truly magnificent job was done by all the members of the BWB in looking after the Officers following the incident,
securing the scene and coordinating with the follow-up by the NYPD and the BTOBA.
Special thanks to:
Officer Carl Mosby who raised the alarm and intially spotted the hijacked vehicle as it entered the
Facility and providing the timeline of events.
Officer Erika Tanner-Santiago who checked on her brother Officers immediately.
SOBA President Lt. Marc Sirlin for his kind assistance.
All at the BWB.
Chief Health & Safety Officer Bryan Walsh and Research-Negotiations Chairman Kevin Heltzer for their
extraordinary diligence and long hard work in every capacity.
And above all:
Officers Hasanoeddin, Verderber and Garcia for their utmost professionalism, vigilance and
bravery.
February 20, 2007 -- A brazen thief stole an SUV from a Queens carwash yesterday and then nearly ran down a cop on the
Whitestone Bridge - who bravely squeezed off three shots before diving out of the way, authorities said.
The crook remained at large last night after abandoning the swiped Range Rover just past the bridge in The Bronx.
Police sources said the incident began at about 11:30 a.m. at the Laurelton Car Wash on Merrick Boulevard in Queens, where
a man was having his orange Range Rover cleaned. After the SUV was washed, the driver left the car to pay his bill, the sources
said.
At that point, a man described as wearing a hooded sweatshirt and gray jeans jumped into the car and sped off.
People at the carwash called 911, prompting police to issue a bulletin for officers to be on the lookout for the vehicle,
which had Georgia vanity tags.
About 35 minutes later, the Range Rover was spotted on the Whitestone by a Triborough Bridge and Tunnel Authority Police
Office Chidir Hasanoeddin, who was at the toll plaza.
As the SUV waited to pass through the toll, Hasanoeddin shouted, "Police! Don't move! Get out of the car!" according to
Greg Lombardi, vice president of the Bridge and Tunnel Officers Benevolent Association.
But instead of stopping, the driver gunned the engine, sending the SUV lurching over a two-foot curb toward the cop.
The officer fired three shots from his 9mm pistol at the Range Rover, the sources said. Another TBTA officer, Greg Verderber,
saw what was happening and ran over before shooting once at the SUV.
The Range Rover then crashed through a toll gate and raced off, according to the sources. Neither officer was hurt.
The SUV was recovered about 20 minutes later by police at Brush and Lafayette avenues, near the first Bronx exit after
the bridge. Both left tires were flat.
Cops flooded the area - a favored dumping ground for stolen cars - looking for the perp.
"It looks like a war zone," said José Ocasio, as he watched dozens of assault-rifle-toting officers surround the Brush
Avenue house behind his after a police dog had tracked the scent of the thief there. Despite their search, the cops were unable
to locate the thief.
BY JESS WISLOSKI and ALISON GENDAR DAILY NEWS STAFF WRITERS
Two bridge
and tunnel cops opened fire on a car thief yesterday as he tried to ram them with a stolen Range Rover on the Bronx-Whitestone
Bridge, sources said.
Officer Chaidir Hasanoeddin fired three times at the SUV as the driver revved the engine and jumped a 2-foot concrete barrier,
law enforcement sources said.
Hasanoeddin had stopped the car and ordered the driver to get out when the orange Range Rover barreled over the barrier
at him, sources said. His partner, Officer Greg Verderber, fired one round at the vehicle, sources said.
Neither officer, both of whom work for the Triboro Bridge and Tunnel Authority, was hurt and the SUV sped off.
The car was abandoned on Brush Ave. in Throgs Neck, the Bronx.
"I see them parading up the block - police, dogs, all searching for a carjacker," said Brush Ave. homeowner Jose Ocasio
as NYPD officers and bloodhounds scoured the neighborhood but did not find the suspect.
The SUV's front and rear driver's side tires were blown out, though it was unclear whether it was from the shots fired
or scaling the barrier.
The Range Rover had been stolen from a Merrick Blvd. car wash in Cambria Heights earlier in the day while the owner paid
the bill. Surveillance cameras at the car wash caught the thief on videotape.
A bridge and tunnel officer spotted the SUV as it entered the plaza leading to the Bronx-Whitestone Bridge, and officers
moved in.
"If it was a silver Mercedes or a blue Acura, it would have blended into the background," a law enforcement source said.
"An orange Range Rover - it doesn't exactly blend."
Originally published on February 20, 2007
=================================================
Officers at Whitestone Bridge Shoot at Stolen S.U.V.; Driver Escapes
Published: February 20, 2007 The New York Times
A man who stole a sport utility vehicle at a car wash in Queens yesterday nearly hit two officers who tried to stop him
as he drove up to the Whitestone Bridge toll plaza in the Bronx, the authorities said.
The officers fired at the vehicle, but it escaped. The driver, who soon abandoned the car, had not been found or identified
as of last night. Neither the driver nor the officers were seriously injured during the confrontation, officials said.
The authorities gave this account:
The officers, from the Metropolitan Transportation Authority Police, were alerted about the stolen S.U.V., an orange Range
Rover bearing the Georgia license plate “David I.”
When it approached the toll plaza about 12:15 p.m., the officers recognized it and called for it to stop. But it jumped
a two-foot-high concrete barrier and came barreling toward them. They fired three shots at it.
After the gunfire, the man sped through the toll plaza, took the first exit off the northbound Hutchinson River Parkway
at Lafayette Avenue and abandoned the S.U.V.
He then seemed to disappear on Brush Avenue, in an area with a few houses, warehouses, a United States Postal Service facility
and a brushy landscape.
A search for the man continued throughout the afternoon. Officers from the New York Police Department and the transportation
authority used dogs to scour the area along Brush Avenue and searched inside two houses.
It was unclear yesterday whether the driver had been armed.
Catherine Sweeney, a spokeswoman for the transportation authority, said investigations into the theft of the vehicle and
the confrontation on the bridge were continuing.
The owner of the Range Rover had called 911 yesterday morning, reporting that his S.U.V. had been stolen from the Laurelton
Hand Car Wash and Detailing, at 220-02 Merrick Boulevard in Queens.
He was paying for the car wash and three employees were wiping down the S.U.V. when an unknown man jumped in and drove
away, a manager on duty said yesterday afternoon.
The owner, David Irish, 50, said last night that said he is a New Yorker who lives near Atlanta but is visiting in Queens.
He had bought the S.U.V. only last year, as a present for himself. “All of a sudden I look out the door and see my truck
being driven away with the back window still open,” he said. “I was like, ‘Oh, they just stole my car.’
”
Angela Macropoulos and Fernanda Santos contributed reporting.
All Active BTOs enrolled in the Empire Plan may NO LONGER USE QUEST LABS AS OF JANUARY 1, 2007.
The only approved in-network lab is LabCorp.
Please consult the Empire Webpage for the Lab nearest you.
The In-Network co-pay for all lab work and Doctor's visits will be $18 effective January 1, 2007.
THE NAPO REPORT ON CUTS FOR ANTI-TERROR WORK
HEADS UP COLLAR AT THE QMT!
The Story is from the NY DAILY NEWS
BY ALISON GENDAR
DAILY NEWS POLICE BUREAU CHIEF
A fugitive wanted by federal immigration and customs agents somehow slipped through background checks and got a job
making repairs inside the Midtown Tunnel, authorities said yesterday.
Carlos Amaya was busted only after an MTA Bridges and Tunnels officer noticed Amaya's work ID had expired and checked
his name for outstanding warrants, authorities said.
"This guy could have easily slipped through the cracks and gained entry to very sensitive areas," said BTOBA President,
president of the Bridge and Tunnel Officers Benevolent Association. "This may seem inconsequential, but imagine the implications
if this guy was a terrorist."
Officer Christopher Schatz stopped the 44-year-old construction worker as he tried to use an expired work ID to get
into a ventilation room, where air is pumped into the tunnel.
When Schatz asked Amaya for another ID, Amaya gave him a photocopy of a driver's license and then a forged driver's
license, police said.
Schatz - who is assigned to a counterterrorism post created after 9/11 - quickly discovered that Amaya was wanted by
the feds for unspecified crimes. The feds are now planning to deport Amaya to his native El Salvador.
An MTA spokeswoman said the agency was investigating how Amaya made it through the background checks.
OFFICER JARLDANE (TNB) COPS DOUBLE GUN COLLAR! - Officer Debra Jarldane (assigned to Throgs Neck
Bridge) spotted a man videotaping on the Plaza. A closer look revealed the man carrying a 9 mm semi-automatic and
a .357 Magnum. Officer Jarldane was ably assisted by Officer Jose Vasquez....
NY Post Article below:
"BRIDGE DRIVER ARMED & LOADED
By MURRAY WEISS
June 16, 2006 -- A drunken Connecticut driver, armed with two guns, 150 bullets and a knife, was
arrested on the Throgs Neck Bridge yesterday after cops spotted him videotaping the toll booths heading into The Bronx, authorities
said.
The incident occurred at 11 a.m. when Jacques Dominique, 47, of Norwich Conn., drove his 2000 Dodge Ram into an E-ZPass
toll lane - despite not having an E-ZPass - and he sat in front of the lowered toll arm videotaping the area.
Bridge and Tunnel cops approached his vehicle and noticed a .357 Magnum on the front seat next to him and a holstered 9
mm automatic on his hip.
The officers also found 150 rounds of ammo, a stiletto knife and $300 worth of coins, authorities said.
Dominique was charged with possession of illegal weapons and driving while under the influence."
Congratulations on a great but dangerous job well done Officers!
GREAT IMPROVEMENTS FOR YOUR PRESCRIPTION PLAN!
BTOBA Welfare & Benefits Chairman Thomas Duffy is very pleased to announce some major improvements to the Prescription Plan, effective July 1, 2006.
Annual Deductible will be reduced from $50 down to $25 for
Active Members, maximum deductibles: 3 per family
Reduced from $125 down to $100 for Retirees, maximum deductibles 3 per family
Generic Medications will now have a $0% co-pay
once the deductible has been met.
New Member ID Number: The Fund has assigned a new number for each Member.
That number is printed on your new Plan Identification Card, which should arrive the week of June 18th. YOU
MUST use this new number whenever you use your Prescription Card, in both the Mail In Plan and at the PHARMACY.
Quantity Limits: NMHCRX has developed standard quantity limits to ensure that certain medications
are being utilized according to FDA indications, dosing, safety and efficacy data. The following medications will now
have quantity limits:
Regranex: One 15 gram tube per month
Tamiflu/Relenza: 10 tabs per year for Tamiflu, 85mls per year for Tamiflu suspension and Relenza-
1 disk per year.
LEGISLATION PASSES SENATE FOR COMPENSATION ON FLU PANDEMIC VACCINES... This just in from NAPO:
LEGISLATIVE
UPDATE
Wednesday, May 03, 2006
SENATE PASSES AMENDMENT TO COMPENSATE FIRST RESPONDERS WHO SUFFER ADVERSE
EFFECTS FROM NEW PANDEMIC FLU VACCINES
Today, the U.S. Senate
passed an amendment to the Emergency Supplemental spending bill that would ensure that police officers, firefighters, and
health care professionals are provided compensation should they suffer injury from any new pandemic flu vaccinations.The amendment appropriates $289 million to fund the pandemic flu vaccine compensation
injury program for first responders.
NAPO has been a leading proponent of such legislation since 2002, when there was an effort
to vaccinate first responders against smallpox.At that time, the nation experienced
a situation in which some of first responders who accepted vaccines in the public interest risked previously unpredicted adverse
medical consequences.NAPO salutes Congress for choosing once again to stand
with us in our fight to protect our nation’s first responders.It is ultimately
a civic obligation to provide compensation to public servants who suffer adverse effects from the vaccines.
NAPO thanks Senator Joe Biden (D-DE) and Senator Ted Kennedy (D-MA) for sponsoring this
amendment, as well as all of the senators
who voted in favor of the amendment for their support of men and women in law enforcement.
Click here for Sidegigs, Uniforms etc.
If you purchased Defective Body Armor containing Zylon from Point Blank/Paca you may be entitled
to replacement panels or discount vouchers for a new vest as a result of a settlement reached recently.
"The Settlement provides two primary benefits:
New non-Zylon® ballistic panels - Class members are entitled to receive new non-Zylon® replacement panels at no cost.
Defendants are responsible for all transaction costs associated with delivery of the replacement panels to Class members;
and
Voucher/Carrier Option – Class members have the option of receiving a voucher equal to the difference between
the price they paid for their original vest and the replacement selected, on a depreciated basis, or a new standard carrier."
alleged crazed, intoxicated motorist who was operating a stolen vehicle through the Tunnel
and out into the streets of Manhattan on Janurary 26, 2006. What a great job well done by everyone concerned!
The New York Daily News Police Bureau Reporter Tony Sclafani made this report:
LINE OF DUTY DEATH BENEFITS PENSION PASSED FOR BTOS!
BTOs Get Full Line -of- Duty Death Benefit - From The Chief
Jan. 14, 2005
Governor Pataki signed into law a line-of-duty death benefit that guarantess
the families of Bridge & Tunnel Officers a lifetime annual payment equivalent to their final year's earnings, the BTOBA
announced January 3rd.
Union President Joe Mauro said the benefit will include overtime earnings
and longevity pay on top of salary, which for senior BTOs is currently $51,179.
He said he believed that the greater emphasis on safeguarding the city's bridges
and tunnels in the wake of 9/11 had helped convince some legislators and the Governor that the BTOBA's 800 plus members deserved
the same death coverage as cops and firefighters.
"The constant threat of terrorism, coupled with increased law-enforcement
responsibilities, has increased the dangers in our work environment," Mr. Mauro noted. "If the unthinkable occurs, the spouse
and children of BTOs will be cared for financially."
Prior to De. 15 - the day Mr. Pataki signed the bill - the families of Bridge
& Tunnel Officers who died in the line of duty received just a single payment of three years of their earnings.
The bills primary legislative sponsors are both from Queens: Republican State
Sen. Serphin Maltese and Democratic Assemblyman Anthony Seminario, who is a former Correction Officer.
PRESIDENT BUSH SIGNS "RIGHT TO CARRY" BILL INTO LAW!
Bridge & Tunnel Officers may carry their firearms throughout the USA as a result of the new bill signed into law
by President George W. Bush on July 22, 2004.