Union Leaders Could Face Jail Time

(New York- WABC, December 21, 2005) (WABC) -- The city struck back at striking transit workers as a war of words erupts once again, and crippled city residents say they are the casualties.

The judge hearing arguments in the case has ordered Roger Toussaint, the union leader, and two other union leaders to court tomorrow. They face a contempt charge and the judge says jail time is a "distinct possibility."

In the meantime, informal mediation sessions were held with both sides and Roger Toussaint now says the TWU will call off the strike if the MTA takes the pension issue off the table.

Eyewitness News reporter Dave Evans is outside the courthouse in Brooklyn with the latest.

The big question right now is will these huge fines and now this threat of jail time do anything to motivate Roger Toussaint to call and end to this strike. If anything, it might just make him angrier.

As striking workers picketed outside the courthouse today, Judge Theodore Jones inside, raised the specter of jail time for Roger Toussaint and his two closest associates.

Hon. Theodore Jones, State Supreme Court: "I would absolutely require since that is a possibility and a distinct possibility, that they be present."

In court today Toussaint's lawyer said pulling the union president to court could hamper negotiations.

Arthur Schwartz, Union Attorney: "That would require pulling them out of negotiations and having them here in court. I don't think that's the best course of action."

And as for jail time the mayor didn't think it was such a good idea.

Mayor Michael Bloomberg: "I've never thought putting somebody in jail and making them a martyr is the kind of thing that would help get an accommodation here."

Also today in court the mayor's top lawyer requested huge fines, possibly up to $25,000, against each individual union member.

Michael Cardozo, NYC Attorney: "New York City and all of its residents are suffering millions, hundreds of millions of dollars a day of damage."

Arthur Schwartz, Union Attorney: "He is basically doing it as a publicity stunt and I don't think we need publicity stunts at this time."

The union's lawyer ridiculed the city's attempt to pile on fines and that raises a question: does all this punishment and all this scolding by the mayor do any good?

Michael Cardozo, NYC Attorney: "We certainly hope that this does not exacerbate the situation. We are trying, as is I think every person of good will in this city, to do everything possible to bring this strike to a prompt halt."

For the last two days now we have hard a lot of these union members chanting on the picket line 'no contract, no work' and now the mayor and the governor are saying 'no work, no negotiations.'

We'll be back here in court tomorrow morning at 11:00 a.m.

Meanwhile, Eyewitness News reporter N.J. Burkett has late reaction tonight from transit authority Chief Roger Toussaint.

The union president took the podium at the Hyatt this afternoon and blasted the mayor and the governor, questioning their leadership. He said the strike would continue as long as the MTA's pension demand was on the table, and he apologized to the people of New York.

Roger Toussaint, President TWU Local 100: "To all New Yorkers, I'd like to apologize for the inconvenience and beg our riders and all working people for their patience and forbearance for the inconvenience caused by our strike. There is a higher calling than the law and that's justice and equality. Had Rosa Parks answered the call of the law instead of the higher call of justice, many of us who are driving buses today would still be in the back of the bus."

"We are not thugs, we are not selfish, we are not greedy, we are hard working New Yorkers, dignified men and women who have put in decades of service to keep this city moving twenty-four-seven."

Make no mistake, the union is being forced tonight to make a stark choice: either to retreat or to remain on the picket lines. There apparently is no middle ground. The day's events seem destined to prolong this strike, rather than to end it.

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