Last December, a
labor struggle dominated New York City’s
headlines and conversations in all five boroughs. For the first time in decades, the men and
women who operate the biggest mass transit system in the country, who drive the
trains and buses, maintain and repair the tracks and the cars, clean the system
and staff the stations, had voted in a mass meeting called by the local
leadership to authorize a strike.
Only days before
the old contract expired, the Metropolitan Transit Authority made a proposal to
Transport Workers Union Local 100. It
was a horrible offer, increasing annual health care premiums, co-pays and
pension payments by about $1500, while not offering a wage increase except one
linked to productivity improvements. On
December 7th, an overwhelming majority of workers in attendance at a
mass meeting authorized the local leadership to call a strike. But striking is illegal for public-sector
workers in New York City, and after the vote, Mayor Michael Bloomberg and
Governor George Pataki sought an injunction against the union, threatening to
levy massive fines. The New York Post hit new rhetorical lows, accusing
the union’s leaders of waging “jihad” on New York City.
In the end, there
was no strike. Under pressure from the
union, the Metropolitan Transit Authority put hundreds of millions of dollars
into the health plan, eliminating the need for higher payments from
workers. It also radically revised the
grievance procedure, disciplinary policy and safety rules, and took the pension
giveback off the table. The union
accepted three percent wage increases for the second and third years of the
contract, and a one-time bonus payment of $1,000 in the first year (not
factored into base wages). Debate raged
throughout the union and the city’s labor movement. Was the contract concessionary, as critics
within the union charged? Would the
limited wage gains pave the way for givebacks throughout the public sector
workforce? Should the union have
challenged the legal prohibition on striking and gone out despite the risks?
In an era when
labor is invisible, and when the market alone is supposed to magically create
wealth, the mere threat of a transit strike forced the city’s attention to
34,000 men and women—70 percent of whom are people of color—without whom
nothing in the city moves. Not for more
than twenty years had the transit workers seriously threatened a strike. (In 1999, activists pushed for one, but the
union’s leadership enforced an injunction obtained for the MTA by Mayor Rudy
Giuliani that prohibited the union from even talking about striking). This time, a strike seemed imminent—and it
was a visceral, exhilarating demonstration of power. The strike threat was able to win a far
better contract than workers otherwise would have received. At the same time, the contract was not as
good as it could have been, containing major concessions on wages—even though a
later audit would show that the MTA had been lying about its finances, so
higher wage increases might have been possible.
The limitations of the contract suggest the distance the transit workers
still must go, both in terms of internal organizing and political outreach, to
win a transit strike in the heart of global capital. It was no accident, after all, that the Post
raised the specter of jihad.
What happened
during December 2002 was the culmination of a change in power within the union
that began at the end of 2000, when a dissident faction known as New Directions
was elected to the leadership of the local.
Roger Toussaint, a Trinidadian immigrant, headed the ticket, and he
steered the union through the negotiations.
The victory of New Directions in Local 100 marks one of the few times in
recent history that a group of union rebels has successfully taken over such a
large and powerful union. How did
radicals rise to control the union that runs the New York
City transit system?
TWU was founded
during the Great Depression by Communist Party members and Irish workers, many
of whom had been active in the Irish republican movement and in the secret
revolutionary group, Clan na Gael. Mike Quill, the union’s first president, was
a daring, radical and brash Irish immigrant.
In 1966, Quill led the union in its first city-wide strike (he died shortly
after it ended). One year later, the
state legislature passed the Taylor Law, establishing a legal process of union
recognition for public workers, but making strikes illegal. After this, the fortunes of the union went
downhill. Like all the city’s unions,
TWU Local 100 suffered in the fiscal crisis of the mid-1970s. In 1980, following another strike (which
dissidents in the union had pushed for, but to which the union’s leadership had
not given full support), the MTA management installed a harsh disciplinary
system. The confrontational verve of the
union’s early years gave way to a union leadership willing to make concessions
and afraid to rouse the membership—which was increasingly black, Hispanic and
immigrant, instead of the white ethnics that had formed the original base of
the union and that continued to comprise the local leadership group. The leadership of the union during the 1980s
and most of the 1990s was inert and undemocratic—leaving plenty of room for New
Directions to grow.
New Directions
began in the wake of the 1980 strike.
Its leaders were younger workers, many of whom had been activists in the
antiwar movement and the civil rights movement.
Two train operators, Steve Downs and Tim Schermerhorn,
started to put out a newsletter, Hell on
Wheels, which advocated around transit worker grievances on the job. Downs (who is a train
operator today) says, “The preponderance of our work was on the newsletter,
challenging the leadership to be accountable for things.” But while people liked the newsletter, the
activist cadre working on it remained quite small. So in 1988, the group—by this time calling
itself New Directions, though it was not institutionally linked to the
dissident organization of the same name in the United Auto Workers—ran
candidates for local-wide offices, in an effort to give the group a higher
profile. They were amazed when Tim Schermerhorn, the presidential candidate, won 22 percent of
the vote. (Sonny Hall, the incumbent
local president and president of the international TWU as of 1993, had said he
would view it as a defeat if Schermerhorn got more
than 10 percent of the vote.) Throughout
the 1990s, New Directions continued to run candidates in elections, bring
delegates to the international’s meetings, and organize hard in contract
battles to push the leadership and engage members in the union. They were remarkably successful in building
an organization within the union, and in encouraging ever higher turnout in
union elections and local politics.
New Directions was
devoted to a politics of member mobilization and empowerment, building the
union as an effective, powerful organization.
The group concentrated its energy on workplace issues, and while it
criticized, for example, labor’s dependence on the Democratic Party, the
organization primarily used the newsletter to agitate around concrete issues on
the job. The leaders believed in
creating internal union structures that empower members, and were strongly
committed to union democracy. Queens
College labor historian Joshua
Freeman says, “The bulk of its activities and literature were directed towards
making TWU an effective union, resisting arbitrary discipline, fighting for
health and safety. They set out to be
crackerjack trade unionists.”
But the activist group
based around Hell on Wheels was not
the only force mobilizing in the union.
Roger Toussaint, a track worker (doing maintenance work on the city’s
rapid transit system) led another pocket of activism in the track division. Toussaint also had a background in radical
politics. Born in what he describes as
“the ghetto section” of Trinidad, one of nine children raised by a single
mother, Toussaint (along with one older sister) was politically active from the
age of 11 or 12, taking part in the resistance of the late 1960s to the
neo-colonial Trinidadian government.
Inspired in part by the American civil rights movement, in part by May
1968 in France and Italy, and in part by the Cuban Revolution, students and
workers joined together to fight unemployment and economic inequality in
Trinidad in a movement that became known as the Black Power Movement (it
incorporated Indians as well). At the
movement’s climax, in February 1970, several army troops were told to suppress
the riots and the enormous demonstrations that were sweeping the cities. Instead, they mutinied and joined the
protesters. With support from British
and American troops, the government declared a state of emergency which lasted
until 1972, imposing a curfew, censoring the press, imprisoning leaders of the
movement and suppressing political and individual freedoms.
During this
period, Toussaint says that he worked with “the left wing of the trade union
movement” in Trinidad, as well as student groups. He was arrested in late high school for
painting slogans on the school walls (one of which was “Free Education Means
Free Books”). In 1974, he moved to the United
States, where his mother had emigrated a few
years before. He attended Brooklyn
College, at the height of the
city’s fiscal crisis, and demonstrated against budget cuts. Toussaint returned briefly to Trinidad
in 1976, to participate in an organizing drive among school construction
workers, but soon came back to Brooklyn, where he went
to work as a shipbuilder in the Brooklyn Navy Yard. After the yards closed, he worked briefly in
the mailroom at Teachers College, before taking the civil service exam to
become a transit worker. He started as a
cleaner in 1984, and moved to being a track worker one year later.
Toussaint’s early
union activism was directed equally against the union and management. He says, “One of my very early observations
was that the union was very detached from the rank and file, and that it was
closer to management than to the members.”
He was especially incensed by the union’s refusal to confront management
harassment of co-workers. “One of the
earliest things that I did was participate in the removal of a corrupt shop
steward who was working with management in a shop I worked in.” He worked on safety issues: Kevin Barnes, a
conductor who has worked for the MTA for 18 years and is a longtime union
activist, says, “He would find asbestos that was exposed, and let people know
what was out there.”
Unlike New
Directions, which focused on local-wide activism, and which began as a group
putting out a newsletter, Toussaint’s union activism in the 1980s and 1990s was
based in the track division, where he sought to build an organization capable
of protecting workers on the job and fighting management abuses. Any time he or other track workers saw a
safety violation they would halt work.
Any time a track worker was hit with disciplinary action for a protest
or for not doing work deemed unsafe, Toussaint would organize people to fight
back through appeals. The result was
that there were far fewer write-ups for disciplinary problems in the track
department than elsewhere in the system, since management knew that the workers
would fight. According to Dave Katzman, the union’s communications director, workers in
track were winning more than 90 percent of cases in arbitration.
Track workers are
in some ways the most invisible workers in the transit system. They do not drive trains or buses; they do
not interact with the public. They are
people who have made their way up from minimum-wage jobs and poverty though the
civil service, rising from being cleaners to become track workers. Out of the range of occupations in the MTA,
track workers most closely resemble industrial workers—working hard in
extremely dangerous conditions, never recognized, acknowledged, or even
seen. More than train operators, bus
drivers or station agents, this is Toussaint’s base.
Track workers
elected Toussaint to represent the 1,800-member track division in 1994 (three
years before he joined New Directions).
In 1998, the MTA fired him, saying that he had been in an unauthorized
car during working hours (in fact, he was on union business when his car was
hit in an intersection—Toussaint suffered neck and back injuries). After firing Toussaint, the MTA hired private
investigators to follow him—to union meetings, to his son’s nursery school,
even to hearings where he fought for union workers.
While Toussaint’s
activism focused on shop floor issues and on building the union in the track
division, it was driven by a deeper politics: resistance to the authoritarian
discipline of the MTA. Under the
disciplinary system that had been established after the 1980s strike, about
half the membership—16,000 people—was written up each year on disciplinary charges. There was no first stage of the process where
complaints or problems could be dealt with informally. Hearings could be held
on the worker’s time off, so there was no incentive for supervisors not to file
grievances. In addition, workers on sick
leave had to call the MTA every time they left their homes. They could be subjected to unannounced home
visits from the MTA.
Toussaint says
that he believes that he became a symbol to transit workers of the degradation
they all faced working for the MTA, and the union’s unwillingness to confront
it. “Transit workers perceived my own
situation as the epitome of the existing union,” he says. One story told around
the union is that during the 2002 negotiations, Toussaint brought about 200
workers into the bargaining room. At one
point, discussing the grievance procedure, he asked them how many of them had
ever been suspended by the MTA. Every
worker stood up. “That’s why I got
elected,” Toussaint said to the crowd.
Because Toussaint
was a worker until the time that he was suspended by the MTA, he remained very
close to the day-to-day reality of life as a transit worker. And perhaps because of his early political
involvement in resistance to a repressive political regime, he was sensitive to
repression on the job, willing to describe the arbitrary system as “plantation
justice.” Even more than economic
issues, his activism focused on fighting grievances and on the MTA’s harassment, surveillance and discipline of transit
workers. Even today, workers’ struggle
for dignity—to not be treated, as one issue of the union’s newspaper put it, as
“second-class citizens or slaves”—infuses Toussaint’s language and philosophy.
Out of the
dissident groups organizing in industrial unions following the 1960s and
1970s—New Directions/UAW, Teamsters for a Democratic Union, Detroit
Revolutionary Union Movement, and the dissident factions in the steelworkers
and the mine workers—Local 100 is one of the only ones to come to power (TDU,
of course, could not hold onto it). The
new leadership in Local 100 is indeed very different from the old. It’s a radical organization that controls the
country’s largest transit system.
Toussaint joined
New Directions in 1997, by which point the group had clearly emerged—as
Toussaint puts it today—as “the only refuge for people who were concerned about
the union.” He ran for Recording
Secretary in a slate headed by Tim Schermerhorn. In 1997, the election was dominated by
red-baiting from the incumbent leadership, and the New Directions candidates
lost narrowly in an election marred by various improprieties on the part of the
local leadership. But by 2000, the old
leadership was internally divided, marred by financial scandals and bad
contracts, with the International president backing a challenger to the
incumbent leadership. And Toussaint was
elected in a New Directions caucus meeting to head the ticket. After the incumbent and the
international-backed candidates split the vote, Toussaint and New Directions
won handily. “If they hadn’t been so
incompetent, we might not have been so successful,” says Downs.
As soon as New
Directions came into office, the leadership took a 25 percent pay cut
(Toussaint is paid $84,000) and eliminated old perks like extra pensions and
health benefits. The local began
training shop stewards, and about 800 members became stewards. It fired old arbitrators perceived as being
pro-management. It started cultural
events—Women’s Day, Hispanic Day, Family Day, Black History Month, and Irish
Day—at the union hall open to the entire membership (John Sweeney—whose father
was a New York City bus driver—spoke one Irish Day). The local now publishes its own
newspaper. It has struck three times in
the past three years—a one-day strike on the Liberty Lines in Westchester, a
one-day wildcat action at another private bus company, and a seven-week strike
at the Queens Private Lines buses over the summer of 2002.
But the contract
for the city’s transit workers is the true gauge of Local 100’s strength. Although the union ultimately accepted lower
wages than members would have liked, the contract contains significant and
important economic gains. Winning MTA investment in the health plan and
scuttling the proposal for higher payments to the pension plan are victories
that would not have been achieved without the threat of a strike. Given that the union also won new
benefits—such as prescription coverage for retirees, health benefits for
part-time traffic checkers, child care, an education and training fund, the
elimination of minimum wage jobs for workers in training, and health benefits
for domestic partners—the economic side of the contract offers substantial
gains. In part they are defensive—resisting major givebacks in health coverage
and benefits—but they are victories nonetheless.
The contract also
gives employees greater rights on the job.
Punitive practices like home visits and sick leave check-in have been
eliminated for most workers. The new
grievance procedure mandates that all grievances be handled on company time,
and creates a first informal step for settling problems on the job. The union won dramatic improvements in safety
regulations, giving workers the right to refuse to perform tasks that they deem
unsafe and in violation of Authority rules.
Finally, the union is seeking to create staffed offices at all points
where transit workers must interact with their employer—where disciplinary
hearings are held, where injured workers go to the doctor. All of these changes empower workers on the
job, and will make it easier for the union to mobilize in the future.
As Toussaint wrote
in the Local 100 Express after
ratification of the contract, “We are working for a massive change in the
MTA—which is to create a culture where the worker is valued, rather than seen
as an enemy to be resisted or a tool to be used and then cast aside.” Next time, he says, with health benefits
shored up and the disciplinary procedure reformed, the union will focus on
addressing “the disparity between the economic treatment of transit workers in
the city and those on the Long Island Railroad and Metro North.” Workers on the suburban rail lines are paid
$4 to $6 an hour more than city workers who do the same jobs.
The leadership of
the union is actively encouraging participation in the union—organizing,
demonstrating and enforcing the contract.
According to the Local 100 Express,
at a 2001 shop steward training, Toussaint spoke to the members: “You could
never match the bosses dollar for dollar or lawyer for lawyer. And the rich control the media. So labor unions have always had to rely on
organizing for their strength—so that the boss understood that if they messed
with the union, there would be consequences…In this life, working men and women
almost never get what they deserve. They only get what they fight for. They only take you seriously if you
organize.” He spoke about the
backgrounds of the division vice-presidents: “Darlene was selling Metrocards. I was an
unemployed track worker. Eddie drove a
bus. Tim drove a train. We know we can do it. We know we can face the unrelenting
write-ups, management’s disrespect for members’ rights on the job…Management
only takes you seriously when the union is a constant presence and a part of
daily life at each work location, when we are in every single part of every
property. And we are preparing for this
tonight, because this is the first time that the union put workers from 15
different divisions together, to talk a common language and share a common
knowledge—that the union is theirs.”
Creating a union
culture of mobilization where one has not previously existed takes both
“passion and perspective,” to quote Max Weber.
Toussaint has lately sounded depressed about the difficulties of
encouraging activism. At an early June
forum at New York City’s Central Labor Council on the Taylor Law, he spoke
about the frustrations of organizing.
According to The Chief, a
newspaper for the city’s civil service workers, he said that while workers
liked acting militant, “the minute you inconvenience them by telling them they
have to come to a union meeting or they have to do without a paycheck for a
week, it’s a whole other thing.” But the
job of the union is to convince the member that it is worth his or her while to
come to union meetings and be active in the union—activism doesn’t happen
overnight, nor is it a question of innate consciousness.
And despite the daily struggle of
turning dispirited members into strong activists, there are signs of hope. Conductor Kevin Barnes, who “shop-gated” (spoke
to workers) during the ratification campaign, says that the contract struggle
was exhilarating. “All of a sudden, the
MTA had to deal with a man spitting fire at them instead of taking pellets from
them, saying that we want changes and we are not settling for anything less,”
he says. For the first time in years,
the entire membership got to read the contract before voting on it, and
Toussaint went to barns and depots across the city, arguing the contract in
division after division, shop after shop.
When Barnes was out talking to members, he says, “One man told me, ‘This
is the first time I felt proud in 23 years to be a transit worker.’”
This fall,
Toussaint will face re-election, and his leadership will face its greatest
internal challenge. On the one hand, TWU
Local 100 is an industrial union that contains within itself many different
kinds of workers. The base of New
Directions has always been in the subway divisions, while the bus lines
supported the old leadership more strongly.
Over the past year, workers on the private bus lines threatened to
secede from the union and form a new local—voting in early December, right
before the MTA contract deadline (the secession movement lost). Workers in surface transit and craft workers
in the union may mount a challenge to Toussaint in the upcoming election that
echoes the old redbaiting campaigns that the
leadership used to run against New Directions.
But at the same
time, the divisions within New Directions that were submerged when the group
was a dissident faction mounting a challenge to established power have emerged
now that New Directions runs the local.
Many longtime New Directions activists—including the Recording Secretary
of the local, Noel Acevedo—are furious at Toussaint. Some of the splits in the group go back
years. Toussaint says that he used to
think of New Directions activists as “paper tigers,” while Downs claims that he
voted against Toussaint’s candidacy in 2000 (Downs was nominated as well). Toussaint, he says, has never really been
committed to mobilizing members (citing a local-wide meeting around the
contract in 1999 that Toussaint did not want to help to build). He claims that Toussaint did not adequately
organize for a strike in 2002, instead hoping against hope that Albany would
fund wage increases. Downs also charges
that Toussaint has created a political culture within the union that is hostile
to debate: “Disagreement with the policy of the leadership is not tantamount to
treason of the union.”
Downs and Acevedo
campaigned against the 2002 contract, telling members they could get a better
deal. They weren’t alone in thinking so:
40 percent of the membership voted the contract down. (Toussaint, for his part, says that the “old
guard” in New Directions simply resents that he won support within the group.)
Members of the
faction gathered around Downs are now putting out a new newsletter, called Rank
and File Advocate. And they are meeting
with people who did not support Toussaint or New Directions in the past—the
traditionally conservative wing of the local—to talk about joining forces in
the upcoming elections. The old TWU
leadership, Downs says, was incompetent, but not corrupt. This alliance is still in formation, and it
is not clear that it will work. But New
Directions and the old conservatives in the local would make strange
bedfellows. New Directions and the old
local leadership spent years attacking each other. Even though Downs and Acevedo campaigned
against the contract (and presumably for a strike), International President
Sonny Hall refused to give his support to the threatened strike last year. (In fact, when Toussaint challenged Hall for
the presidency of the International in 2001, anonymous leaflets appeared at the
convention accusing Toussaint and New Directions of being affiliated with Osama bin Laden.)
Allying with conservatives in the union—especially ones known for
redbaiting—might seem a surprising place for labor dissidents to wind up. But Downs says, a little wistfully, “We are
finding that on some things we have more in common than we had thought.”
The tensions
within New Directions—and the near-certain split in this fall’s
elections—reveal the difficult relationship between dissident groups and union
leadership, even when it is progressive. There is, of course, plenty of room to
disagree with various strategies of membership mobilization. The leadership could have started to prepare
for a strike much earlier. It could have
tried different tactics to organize members.
But Toussaint’s leadership has been so different from that of the old
guard that it is hard to know what to make of the claim, especially when the
radicals making it are starting to join forces with more conservative groups
within the union. For some activists,
any formal leadership seems suspect—what matters is mobilizing the members, and
it is impossible to do this from the top, since once you are a leader you are
no longer part of the rank and file. But
member mobilization must be a project of the top and the bottom of the union
together—creating a union culture of opposition and activism.
On the other hand,
although it is always hard to accept criticism—especially when strongly worded,
as it usually is in union battles—progressive union leaders should strive to
treat opposition and disagreement in the union, as much as possible, as
healthy, productive and necessary.
Otherwise, the union risks becoming brittle and defensive, and it risks
losing longtime activists. Often,
leaders blame dissidents for criticizing them instead of doing “real work” in
the union. But whoever bears
responsibility for the sad developments within New Directions, the burden of
building relationships and developing leadership in the union must fall to the
people who have been elected to run it.
Leaders must find ways to bring dissident activists into the union,
instead of denouncing them. In the end,
this only builds a stronger union.
Some might view
Toussaint’s success as a question at least in part of ethnic and racial
identification. But Toussaint’s appeal
to his members is far broader than a simple question of identity politics. Transit workers are drawn to him because of
his sensitivity and outrage at the daily humiliations, trials and indignities
that they face on the job, and his ability to describe these in terms of
political rights. His vision of the
struggles of workers in terms of political liberty may come, in part, from his
own personal history as a revolutionary in a Third World country, fighting for
liberation and independence. The
repression he faced at home must have been echoed by the repression he faced at
the MTA. But whatever its source, this
sense of the politics of the workplace makes Toussaint an oddly appropriate
leader for the labor movement in an age of reaction—when the very right to
organize is challenged everywhere.
Finally, the rise
of Toussaint and New Directions in TWU Local 100 is of great importance for the
larger labor movement in New York City.
Numerically, public workers make up a large proportion of the city’s
unionized workforce. Strategically,
transit is the key industry in New York.
And politically, public employees are on the front lines of budget cuts
and service cutbacks that determine living conditions for all working
people. That one of the city’s most
powerful public unions is controlled by a progressive leadership may help, over
time, to transform the whole labor movement in the city and the state, if the
people who run the local continue striving to build a radical, militant union.
For in the end,
the challenges that TWU Local 100 faces are intimately linked to the basic
struggle for the welfare state and a more equal society. Here, too, the union does not shy away from
the magnitude of the conflict. “The
fight right now,” Toussaint says, “is over whether the labor movement, the
student movement, the community organizations accept the perimeters of
so-called reality. It is whether they
meekly accept the rolling back of three decades of gains under the excuse of
the fiscal crisis that policies of tax cuts to the rich in the past two decades
have created—or whether real alternatives will be suggested that do not involve
giving up these vast gains, or retreating from our civil liberties.” By placing issues like universal health
coverage at the heart of electoral politics, the labor movement has the chance
to “turn the challenges of the present into the opportunities of the
future.” The willingness to fight hard,
instead of rolling over to make deals; the need to create a new culture within
the union, and to bring the union’s power to bear everywhere throughout the
workplace; and, finally, the need to reframe the basic perimeters of
reality—these are the values that a once-revolutionary brings to the labor
movement. The whole labor movement might
learn from Roger Toussaint and Local 100 to embrace the depth of the struggle
that confronts us all, and to find inspiration in the revolutionary character
of seemingly ordinary demands.