2005 New York City Transit Strike - General

General

Local 100 of the Transport Workers Union (TWU), Local 726 (Staten Island) and Local 1056 (Queens) of the Amalgamated Transit Union walked off the job around 3:00 a.m. EST on Tuesday, December 20, 2005, after contract talks broke down during the night, and union negotiators left the bargaining table. TWU members returned to work after an apparent breakthrough in negotiations on December 22, 2005 at 2:35 p.m. EST.

The strike was illegal under the provisions of an addition to New York State Civil Service Law called the Public Employees Fair Employment Act, more commonly called the Taylor Law, which has been in effect since September 1, 1967. It was passed largely in response to the 1966 transit strike. It prohibits municipal workers from striking and provides alternative means for dispute resolution. The law provides for criminal penalties including imprisonment of union officials, and fines against the union and individual striking workers. On December 20, state Supreme Court Justice Theodore T. Jones ruled that the Transport Workers Union was in contempt of two court injunctions, ordering it not to strike and imposing a US$1 million per day fine against the union.

The International TWU issued a statement demanding that Local 100 TWU members return to work immediately, in light of the court injunction and the illegality of the strike. This statement would legally remove culpability from the International TWU in regards to fines levied by the courts. Additionally, International TWU leaders stated publicly that they believed that the strike should not have taken place as they believed that the talks were progressing, and that the last offer made by the MTA was fair and a show of willingness to compromise.

No formal negotiations were held from the stoppage of talks on the night of December 19, 2005 until December 21, 2005, although various news articles have cited anonymous sources that informal talks were continuing. During this period of time, both sides went to court to argue their cases. The MTA suggested binding arbitration as a possible solution, but that possibility was rejected by the local union representatives. Such a resolution could have been imposed if the state's Public Employment Relations Board had declared a formal impasse between the union and the MTA.

At 1:00 a.m. EST on December 22, 2005, the TWU leadership and the MTA were both present in the Grand Hyatt hotel in Manhattan, talking individually with the state mediation panel. At this time, it is unclear whether the TWU and MTA conversed face-to-face. However, the TWU and MTA agreed to resume contract talks and the TWU agreed to direct its membership to return to work. Both parties agreed to a press blackout during contract talks.