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Tag: John Samuelsen

  • Union urges U.S. Department of Transportation to deny Brightline federal funds over alleged anti-union tactics

    Union urges U.S. Department of Transportation to deny Brightline federal funds over alleged anti-union tactics

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    Photo via Brightline/Twitter

    A labor union seeking to represent onboard attendants for Brightline in Florida is urging the U.S. Department of Transportation to deny the for-profit passenger train company federal funds over Brightline’s alleged anti-union tactics.

    The president of the Transport Workers Union, representing 155,000 U.S. workers in the rail, transportation and airline industries, wrote a letter to Department of Transportation Secretary Pete Buttigieg on Sept. 19 accusing Brightline of “abusing the public coffers and denying workers their fundamental labor rights.” Union president John Samuelsen, in his letter, also urged the DOT to investigate whether funds previously awarded to Brightline “should be clawed back due to the railroad’s non-compliance with federal law.”

    “Faced with workers’ desires to unionize, Brightline and its president, Patrick Goddard, have deliberately chosen the path of confrontation and acrimony,” Samuelsen declared.

    “Although Brightline bosses are anti-worker, President Joe Biden is not,” Samuelsen continued. “The U.S. DOT now must give funding priority to companies that don’t interfere with workers seeking to unionize.”

    A majority of the roughly 100 attendants for Brightline Florida who serve food and drinks to passengers onboard the company’s high-speed rail line filed a petition last month with the National Mediation Board, seeking to unionize with the TWU. Filing such a petition requires signed cards of support from at least 30 percent of employees, although the union says more than 50 percent have filed cards. Since then, Brighltine has retained legal counsel through the notoriously anti-union law firm Littler Mendselson, who have allegedly sought to delay workers’ vote on forming a union and are “actively pressuring” workers against unionization according to union representatives. Such behavior, the union argues, stands in clear conflict with pro-labor stances taken by the Biden administration.

    An executive order from President Joe Biden, released Sept. 4, called on federal departments, including the DOT, to specifically prioritize awarding federal funds to companies that demonstrate high labor standards such as paying competitive wages, ensuring worker safety, and demonstrating pro-union policies such as “voluntary union recognition and neutrality by the employer with respect to union organizing.”

    Brightline Florida has already received or benefited from $36 million in grants through the Consolidated Rail Infrastructure and Safety Improvements program, according to the union, while the affiliated Brightline West — a high-speed rail project that will run from Las Vegas to Southern California — has received at least $3.5 billion in federal funds. Local governments in Florida, including Brevard County, have also dedicated public funds for Brightline projects.

    In Florida, Brightline runs a high-speed passenger train from Miami up through Aventura, Fort Lauderdale, Boca Raton, West Palm Beach and Orlando, where its higher-fare service has been especially popular. The rail system is expected to further expand to Tampa, the Treasure Coast (if local government officials can reach a deal with Brightline) and Cocoa.

    Onboard attendants for Brightline Florida are the first to seek unionization, but union president Samuelsen previously told Orlando Weekly that other Brightline employees have also reached out to the union to discuss joining. The Transport Workers Union also represents employees of other rail companies, including Amtrak, whose onboard attendants recently won a union contract delivering a 34 percent compounded wage increase over seven years, plus paid parental leave and stable healthcare costs.

    President Biden has declared himself the “most pro-union president” ever, and secured endorsements from many major labor unions — including the TWU — before he dropped his bid for re-election earlier this year. The union has since endorsed Democratic Vice President Kamala Harris, along with other major unions that include Unite Here, the Service Employees International Union and the United Auto Workers, among others.

    The union’s letter to the DOT calls for further investigation into funds Brightline has received so far. It states that while Brightline has benefited from federal funds allocated specifically for rail projects, the company is now claiming it is not a rail carrier under the Railway Labor Act (RLA) and therefore does not fall under the jurisdiction of the National Mediation Board, which governs labor relations specifically in the rail and airline industries.

    Brightline’s lawyers have used this argument to dismiss the workers’ petition to unionize with the NMB, arguing such a petition should instead be filed with the National Labor Relations Board, which oversees the rest of the private sector. The union has decried this argument as a targeted delay tactic.

    “If the company sincerely believes these arguments, it should be obligated to repay the more than $36 million it has inappropriately received or benefited from out of monies reserved for use by or for RLA-covered carriers,” the letter reads.

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    McKenna Schueler

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  • Transport union honcho formally demands prosecutors probe MTA boss amid contract fight

    Transport union honcho formally demands prosecutors probe MTA boss amid contract fight

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    The head of a powerful transportation workers union is formally calling on prosecutors and two inspectors general to probe MTA honcho Janno Lieber for alleged conflicts of interests involving his real estate investments.

    John Samuelsen, president of the Transport Workers Union, made the demand Thursday in a letter to New York State Attorney General Letitia James, U.S. Attorney for the Southern District of New York Damian Williams and the inspectors general for the Metropolitan Transportation Authority and the U.S. Department of Transportation.

    Samuelsen’s union is now locked in a bitter contract dispute with the MTA. On Thursday — the same day Samuelsen sent his letter — the TWU took out a full page ad in The News accusing Lieber of being an “ethically challenged fraudster.”

    In his letter, Samuelsen attempts to elaborate and cites two Daily News stories that revealed Lieber holds financial stakes in properties that could potentially be impacted by MTA decision making, as well as investments in his stock portfolio — all of which Lieber has disclosed as required under state rules.

    The properties — which Lieber has a financial stake with his former employer Silverstein Properties — include a plot of land on the West Side that Silverstein is eyeing as a site to develop a full-fledged casino and two high-rise buildings in the mass transit-rich World Trade Center complex.

    “I urge you – if you have not already done so – to begin investigating the disturbing pattern of self-dealing and conflict-of-interest that has emerged within the Metropolitan Transportation Authority (MTA), the country’s single largest transportation agency under the administration of MTA President John ‘Janno’ Lieber,” Samuelsen writes in the letter.

    “Lieber, a former President of Silverstein Properties’ World Trade Center division, potentially violated anti-corruption statutes, public disclosure requirements, and agency policies governing the previously undisclosed overlap between his governmental position and his extensive personal investments,” Samuelsen continues.

    Transport Workers Union Local 100 President John Samuelsen speaks during the third annual New York Daily News Hometown Heroes in Transit Awards at the Edison Ballroom on Thursday, Jan. 29, 2015 in New York City. (James Keivom / New York Daily News)

    The MTA did not immediately respond to requests for comment. The two inspectors general also did not immediately respond, and the U.S. Attorney’s Office declined to comment.

    The attorney general’s office confirmed receiving the letter, and an official there said it’s “reviewing” it.

    In the letter, Samuelsen ticks off a laundry list of potential conflicts.

    The first is Lieber’s 3% financial interest stake in a parcel in Manhattan’s West Side Silverstein is planning to develop for a casino. As The News reported, the MTA and Amtrak both have easements on the property, meaning those agencies would have to sign off on aspects of development at the site. Records show Lieber also met with lobbyists representing the Related Companies, which is proposing its own, competing casino plan atop a rail yard owned by the MTA.

    “Given that Related Companies requires the rail yard decking to build its casino, it is impossible for Lieber to separate the issue of the infrastructure itself with the developer’s motivation for building the infrastructure,” Samuelsen contends in his letter.

    The union leader also points to Lieber’s 3% financial stakes in 3 World Trade Center and 4 World Trade Center, both steps away from the WTC Cortlandt subway station that was destroyed during 9/11. For years, during Lieber’s tenure at Silverstein, reconstruction of the station hit snags and was delayed. In 2017, after Lieber had begun working for the MTA, he said he made the work “a priority,” following up on the agency’s long-standing plan to prioritize upgrades to the station.

    MTA

    MTA Chair Janno Lieber speaks at the MTA headquarters in Lower Manhattan last year.

    Luiz C. Ribeiro for New York Daily News

    MTA Chair Janno Lieber speaks at the MTA headquarters in Lower Manhattan in 2022. (Luiz C. Ribeiro for New York Daily News)

    Samuelsen claims in his letter that Lieber’s involvement in the project flies in the face of his assertion that he’s recused himself from work that might benefit Silverstein. The MTA would need release Lieber’s recusal documents to The News.

    The letter goes on to reference “other unreported conflicts.” According to Samuelsen, they include four companies “that have either recently received or attempted to secure MTA contracts [and] have performed work on the parcels co-owned by Lieber.” Those companies are Langan Engineering, Gensler Architecture, the Syska Hennessy engineering firm and the WSP engineering firm.

    “Given the [MTA’s] reputation for cost overruns, it is not difficult to imagine a contractor submitting a low bid for work on one private sector job in the hopes of influencing the selection process for more lucrative MTA work,” Samuelsen notes.

    He also asks that prosecutors probe Lieber’s stock holdings and other financial investments, citing the possibility of “insider trading based on knowledge of procurement and budget.”

    Samuelsen specifically points to financial disclosure forms that show Lieber holds “five- and six-figure investments in publicly traded companies with MTA business, including Express Scripts, Goldman Sachs and JPMorgan Chase.”

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    Michael Gartland

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