TCU Compels MTA to remedy subcontracting

Mar 27, 2014

The Transportation Communications Union, Local 1315, with the assistance of Bush Gottlieb as counsel, won a significant victory in arbitration that recently came to fruition at Metro. Over five years ago the MTA began subcontracting fare media handling and related work for its regional Transit Access Pass program, over TCU’s objections and grievances. (The TAP program is intended to facilitate commuting from one municipal operator’s network to another.) After a lengthy and hard fought arbitration period, a neutral arbitrator determined in agreement with the Union and this firm’s advocacy that Metro’s subcontracting violated the contract it has with TCU, which includes a strong prohibition against subcontracting TCU work. The parties then agreed to a thoroughgoing remedy providing for 45 subcontracted jobs going in-house to TCU members, and over $1 million paid by MTA to compensate grievants, the union for its arbitration expenses and lost dues, and the union’s health and welfare fund to benefit all members. This firm was pleased to be able to play a role in obtaining this gratifying outcome and helpful precedent.