A court decision upholding a three-year, 11.5 percent pay raise for New York City transit workers should make local governments elsewhere nervous.

State Supreme Court Justice O. Peter Sherwood has upheld an arbitration panel award to the Transport Workers Union in August (here and here). The Metropolitan Transportation Authority had appealed the award, arguing it did not consider the “interest and welfare of the public.” The MTA said ruling would add $300 million to labor costs through 2011.

The latest court ruling, released Friday, comes at the MTA is already facing a “sudden financial shortfall of more than $400 million,” forcing it to unveil “a newly austere budget,” the Times reports. Among the expected recommendations:

Fewer subway trains will run in the middle of the day, late at night and on weekends. Two lines will stop running altogether. And New York City’s students may soon be expected to pay a full fare to ride on the city’s public transit system.

Reacting to Justice Sherwood’s decision, the MTA said in a statement:

“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 judge, however, alluded to the 4 percent raises granted New York City employees for 2009 and 2010.

“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.

The city’s two-year, 8 percent raises do not justify the three-year, 11.5 percent raise for TWU workers, a spokesman for New York City Mayor Michael Bloomberg told the Daily News.

“Arbitration is based on ability to pay, and MTA resources are not the same as city resources. The revenue shortfall and new state cuts only make the MTA’s inability to afford this more apparent,” said spokesman Marc LaVorgna.

The MTA is a public authority created by the state Legislature. Its board has 17 voting members, who can cast a total of 14 votes. Only four voting members are Bloomberg appointees.

Originally Published: NY Public Payroll Watch

You may also like

Meanwhile, on the mandate relief front

Governor Cuomo’s 2012-13 budget, to be presented later today, will command media attention for the rest of the week. Advance reports on his modified pension reform proposal are especially promising. Meanwhile, there’s a (fiscally) cost-free approach to helping local governments and school districts alleviate their budget problems: repealing the Triborough Amendment. Read More

Legislature rejects union arbitration cap

Governor Cuomo’s proposal to cap arbitration awards for police and firefighters is not included in the Senate or Assembly budget bills. This may be blessing in disguise: as argued here, Cuomo’s original proposal didn’t go nearly far enough. Since the arbitration law expires on June 30, the governor remains in a commanding position to demand more. Read More

Labor costs rose faster in public sector in ‘09

Employee compensation in the state and local government sector increased at twice the private-sector rate during the 12 months ending in December, according to national data released todayby the federal Bureau of Labor Statistics. Read More

Getting Triborough wrong

“Mandate relief remains elusive,” is one of the state-related headlines in today’s Albany Times Union — and that much, at least, is true. Unfortunately, the articlebeneath the headline repeats a familiar canard about the origins of the Triborough Amendment. Read More

Persuading co-workers to retire

Oneida County employees participating in a proposed cash buyout program would have a strong incentive to get their co-workers to join them: their payments will increase if more employees participate. Read More

Examining MDs

Should physicians, who are licensed by the state of New York, be required to take a civil service exam in order to work for the state of New York? A state judge thinks so, but that's unlikely to be the last word on the controversy. Read More

Teaching without contracts

As schools open, the number of school districts at impasse with teacher unions has increased by 12 percent since a year ago, according to the Public Employment Relations Board. Also noteworthy--although not emphasized by PERB--nearly one out of three school districts has yet to negotiate a new contract with its teachers. Read More

Car 54, where are you?

New York City will track the whereabouts of its 379 building inspectors with GPS technology installed, not in their city-issued vehicles, but in their cell phones. Read More