|
Deadline for Owner-Operators to Apply to Have A Designated Driver for Their Medallions in 2012 is:
Dec. 23rd, 2011
(see article below)
|
|
|
|
Follow us on Facebook, Twitter, and YouTube
|
|
|
New York Taxi Workers Alliance
November 2011 / No. 8
|
Greetings!
This month focuses largely on the National Taxi Workers Alliance becoming the 57th National Union of the AFL-CIO -- the first union of independent contractors to be granted membership. We discuss what this means on a local, national, and international level within the labor movement. As always, there are many more articles in the downloadable PDF at the end. |
|
Drivers Bill of Rights Passes Unanimously
Drivers have reason to celebrate. The "Taxicab Fleet/DOV Driver Bill of Rights" has passed! Expect to see a poster at every garage, brokerage, and meter shop in the next few months.
NYTWA members packed the hearing room, with 25 signed-up speakers and another 50 standing in solidarity. All watched with a sense of triumph as the nine-member TLC panel passed the bill unanimously after NYTWA's group testimony. The only industry representative who had signed up to speak declined to testify and left the room before the vote. 
The poster will outline some key protections for drivers already in the TLC rulebooks which NYTWA has won through the years. With this bill, garages and brokers will no longer be able to take advantage of drivers' being unaware of their own rights. TLC Chairman Yassky, who championed the bill, said at the hearing that he hopes it will lead to better enforcement against violations such as overcharges, denial of receipts and contracts, and retaliation techniques against drivers who file a complaint.
Chairman Yassky said, "I think there's real value in making sure people understand what the rules are so that they can bring forward violations and we're in a position to [penalize rule-breakers]."
Executive Director of the Alliance, Bhairavi Desai, explained: "The majority of these rules are actually in the owner's rulebook (in complicated legal terms) but not in the driver's rulebook! And so they're not items that we have easy access to. For us, what a Bill of Rights would do is, first of all, symbolize that we as a workforce have some semblance of rights in this industry, and then better inform us of what they are."
NYTWA is currently working on a revision of the poster language to make sure that all printed terms are in plain, understandable English. Exact wording is subject to change. Thank you to all who came out to the public hearing on Nov. 17th.
|
Solis, Trumka, Desai Launch National Taxi Workers Alliance.
At 3:45 PM on October 20th, AFL-CIO President, Richard Trumka, presented the charter certificate for the National Taxi Workers Alliance to NYTWA Executive Director, Bhairavi Desai. Thunderous applause and the slogan, "Taxi Power! Driver Power!", filled the hall as drivers and allies from NYC and Philadelphia celebrated.
The charter ceremony had earlier been inaugurated by Secretary of Labor, Hilda Solis, who, in a rousing speech, applauded those present as "profiles of courage." The event also included a panel discussion chaired by Ana Avendano, Director of Immigration and Community Action at AFL-CIO, titled "The Future of Work."
 | |
U.S. Secretary of Labor, Hilda Solis, to TWA organizers: "You serve as a beacon of hope across the country." (Photo: Rick Reinhard)
|
As the largest American federation of labor, the AFL-CIO has a combined membership of over 10 million workers, representing workers from varying private and public sectors. As the 57th union of the AFL-CIO, the National TWA will organize drivers city to city and resound a workers' voice to challenge the national associations of industry regulators and garages/brokers.
Every year, the International Association of Transportation Regulators (currently headed by former TLC Chairman, Mathew Daus) and the Taxi, Limousine and Paratransit Association meet to work on national policies against drivers' interests and to share resources and strategies. The boards of both associations also meet with each other. For the first time, drivers will now have a voice at the national table.
As independent contractors under the leasing system, drivers in most U.S. cities are cut out of national labor laws and do not have the right to "unionize." Traditionally, unionizing has meant three key things: exclusive and automatic membership of all workers in the industry; the right to collect automatic membership dues to financially sustain the mission and independence of the union; and having collective bargaining - the right to exclusively represent the interests of the whole workforce in all issues, especially wages and benefits, firings and grievances/complaints.
 | |
Trumka: "Whether working people have traditional models of representation or emerging new ones, we're all working for the same thing." (Photo: Jay Mallin)
|
Private employers are required by law to honor these rights or face stiff penalties by the federal government. Workers can also file complaints with the Department of Labor and use the DOL's enormous police and prosecution resources to protect themselves. Imagine a TLC whose only job was to monitor garages and brokers.
Because of these protections, workers are able to win power. Unionized workers earn more than non-union workers, have safer and healthier conditions and job security. By coming together in the AFL-CIO, unions are also able to struggle for the greater protection of all workers in the country. From the minimum wage and health and safety laws, to medicaid and public holidays, the union movement has secured practical victories and acted as the voice for the working class and poor for generations.
In 1935, during the Great Depression, President Franklin D. Roosevelt signed the National Labor Relations Act to give workers these union rights. Over the past 76 years, though, wealthy corporate lobbyists have fought to keep some workers out of the law's protections -- including independent contractors such as workers under a leasing system. That's why drivers lost union rights in the 1980's when the industry transitioned from commission to present-day leasing.
 | |
Trumka posed for photographs with TWA members following the charter presentation. "There is absolutely no doubt that you are my brothers and sisters."
|
Since the 1950's, the AFL-CIO has withstood politically powerful, well-financed, and often violent opposition. The Federation has prevailed to become a mighty institution with lawyers, political lobbyists, public relations specialists, benefits providers, educators, and an army of organizers.
Organizing independently, without the protections or advantages of the law, NYTWA has already built a voice for drivers. The AFL-CIO Charter sends the message from garage dispatch booths up to the halls of D.C., that taxi drivers have the right to unionize, that those who control our conditions (whether the TLC or the industry) must negotiate with us or face the wrath of the labor movement. The wealthiest and most powerful working class organization is ready with all of its political, organizing and legal might to support our struggle.
|
|
Lease Caps Enforcement Begins
Six overcharge complaints filed by NYTWA have been scheduled for prosecution by the TLC. The violations committed by the garages and brokers in question range from charging above the lease caps to not issuing a proper receipt to the driver as required by TLC regulation. Some of the contracts brought in by members also had expenses to the driver not authorized by TLC.
Private contracts between drivers and garages/brokers cannot change the terms that are already in TLC rulebooks. For example, the TLC daily lease cap for the day shift is $105 Sunday - Saturday. No garage can change the cap amount to above $105 and call it "private terms." The union is calling on more drivers to file complaints which can be forwarded to the TLC's Enforcement Unit for prosecution at O.A.T.H. (Office of Administrative Trials and Hearings, the city-wide court which oversees violations of city rulebooks) or investigation. TWA's first complaint resulted in a broker being summonsed for $81,000 in fines and restitution (money owed) directly to the driver.
TLC Stuffs It to Illegal Pick-Up Turkeys
TLC's stepped-up enforcement of illegal pick-ups continued in November with a focus on undercover operations at JFK and LaGuardia airports. On the 23rd and 27th, inspectors impounded 51 vehicles. Overall, from November 1st to November 27th, the TLC issued 914 driver summonses for illegal street hails and 955 owner tickets, for a total of 1,869 poaching violation summonses. During that same period, actions at JFK resulted in 141 illegal pick-up tickets and the seizure of 70 vehicles.
Beefed up inspection units, whose sole focus is nabbing street hail rule violators, is part of the NYTWA demands that the Mayor's Office agreed to this past summer.
|
|
Austin, TX Taxi Drivers Unite!
With the chartering of the National Taxi Workers Alliance as the 57th union of the AFL-CIO, Taxi Alliance organizers have been busy building an alliance among drivers coast to coast.
Recently, NYTWA organizer Biju Mathew travelled to Austin, Texas, where a group of very spirited drivers began an organizing drive a little more than a year ago under the name Austin Taxi Drivers Association. The Austin drivers face similar struggles as we do in New York City but, at the same time, are faced with some unique blocks to organizing.
The basics of the Austin taxi industry are simple: 3 garages, 600 or so permits (not medallions) and just about 1,000 drivers. The drivers have to be registered with any one of the garages to drive because of the dispatching system. So, the garages first have power simply as a result of that. Garages pay the city only $400 a year for the permit (it cannot be sold in the open market) and are franchised to run a taxi on each permit. In turn, the garages charge drivers up to $600 or more per week to rent the permit and the cab. Wow! What's that called? A 10,000% profit!
When it comes to organizing, drivers face a central problem. Garages can ban them. This, in a city where, unlike in New York, there are only 3 garages. Consequently, some are hesitant. On the other hand, with only about 1,000 drivers and a busy airport, many already know each other very well.
 | |
The electronic dispatcher board at the Austin airport lot displays the next five cars to be dispatched. While waiting, drivers can play basketball.
|
Speaking of airports, the one thing Austin drivers have which we don't in NYC is a really snazzy state-of-the-art holding lot. With a holding lot like this one, which they recently won, we are sure they are on their way to some major successes!
|
|
Deadline Approaching for Owner-Ops Seeking to Opt Out of Driving in 2012
The TLC has given owner-drivers the option to have a designated driver for their medallions each year. You have to apply for this each year for the following calendar term of Jan 1st to Dec 31st. Usually, you need to apply by Nov 1st for the next term. For example, if you are applying for the year starting on Jan 1, 2013, you must apply by Nov 1, 2012. This year, the deadline date is Dec 23, 2011.
You may change your designated driver only once a year. If your designated driver can't drive the 9-hour shifts 180 times a year, you must drive the rest of the shifts yourself. There is a form that you and your designated driver have to fill out. Come to the NYTWA office if you need help in filling out these forms. The fee to the TLC is $5,000 if you are less than 62 years old and $2,500 if you are over 62. You also need to have owned your medallion for at least 10 years.
The law defines the designated driver as an Independent Medallion Driver who meets the following requirements as to one Independent Medallion:
1. The Driver drives the Taxicab an average of at least 120 hours per month
2. The Driver is either:
- the title owner of the Taxicab vehicle or
- the lessee of the Taxicab vehicle and the vehicle lease has a conditional purchase agreement for the vehicle
3. The Driver is not an Independent Medallion Driver for any other independent medallion.
|
Want to Read More?
Click here to download a PDF of the October issue of Shift Change in full. Additional articles include: Taxi of Tomorrow A Halloween Trick Not Treat Queen of Taxis Weds King of the Road Recent Federal Class Action Lawsuits - Summarized Thousands Gather to Protest NYPD/CIA Surveillance of Muslims Interview with Ed Ott, Lecturer of Labor Studies AFL-CIO Executive Council Resolution Statement NTWA Joins International Transportation Workers Federation (ITF) TWA Gains Powerful Local Allies Collective Bargaining Will Not Be Defeated: Labor Scores a Huge Victory in Ohio Project RICE Health Focus: Kidney Disease Understanding the TLC's Critical Driver Program (CDP) Prior newspaper issues can be found on our website, under the Media section. You can also catch up on past e-Newsletters by clicking on our archive homepage. |
|
|
|
In Solidarity, Bhairavi Desai
New York Taxi Workers Alliance |
|
|
