Union, Public Advocate Sue MTA Over Service Cuts Linked to Congestion Pricing U-Turn

The Transport Workers Union is challenging top MTA officials in court over an alleged “shadow cut” to bus service that’s making riders endure longer wait times.

A lawsuit filed Wednesday in Manhattan Supreme Court by Public Advocate Jumaane Williams and TWU Local 100 leaders accuses the MTA of violating New York State Public Authorities Law by last week reducing “between 5% and 10%” the number of bus runs from depots in Brooklyn, Manhattan and The Bronx.

The suit seeks a temporary restraining order to stop transit officials “from continuing cuts in bus runs and trips” —  and cites Gov. Kathy Hochul’s June pause on congestion pricing as a culprit.

The law governing state authorities such as the MTA requires 30 days’ notice to the mayor and the City Council of any service reduction to non-emergency bus service.

“It is a decision they made to save money because the lack of congestion pricing revenue is squeezing the operating budget all over the place,” Arthur Schwartz, a lawyer for the TWU, the largest union that represents transit workers, told THE CITY. “This is one of the consequences.”

MTA officials pushed back, with agency spokesperson Tim Minton saying the lawsuit is a sign that “apparently it’s now silly season.”

Hochul’s indefinite pause last month of congestion pricing — the vehicle-tolling plan designed to generate money for MTA capital improvements — forced the MTA to halt billions of dollars of long-planned work on major projects that include subway signal upgrades, system expansion and the purchase of new trains and buses.

In court papers, the union contends that the pause resulted in orders from transit officials to reduce operating budgets and overtime paid to bus operators to make up for runs that are not covered due to an operator shortage.

That, the lawsuit charges, is contrary to pronouncements from the MTA that the failure to implement congestion pricing would only affect the agency’s capital-projects budget and not passenger service.

The court papers list 65 canceled runs out of the Jackie Gleason Depot in Sunset Park on July 12, more than tripling the 20 from July 2. Similarly, it points to 47 runs scratched out of the East New York Depot on July 12, an increase from seven on July 2. No public hearings were held on the service reductions, the court papers charge, in violation of public authorities law.

“Now it’s almost 100 degrees and buses aren’t out on the road — that’s a real problem,” said JP Patafio, a TWU Local vice president who represents bus operators in Brooklyn. “That’s longer waits and inconsistent service.”

The lawsuit names MTA Chairperson and CEO Janno Lieber and Demetrius Crichlow, the interim president of the New York City Transit Authority, as defendants.

Full Court Press

John Samuelsen, international president of TWU and an MTA board member, called the reduction of service “an attack on working class New York.”

“The MTA is now slashing its operating budget because Hochul pulled the plug on congestion pricing,” Samuelsen told THE CITY. “They are directly connected.”

In a statement, the MTA slammed TWU Local 100 President Richard Davis, whose 82-year-old mother is a fellow plaintiff described in court papers as a daily MTA bus rider who “sues on behalf of bus riders similarly situated.”

“Davis is the same guy that criticized the NYPD while police officers were delivering a dramatic reduction in subway crime, and who is now getting in the way of a capital budget that would put $4 billion more in work in TWU members’ pockets,” Minton, the MTA spokesperson, wrote.

“Last year, under Governor Hochul’s leadership — and with no support from this plaintiff — the MTA successfully fought for an operating budget that closed a $3 billion deficit and protected jobs and service,” Minton added. “But apparently, now it’s silly season and some union leaders need that explained in court.”

TWU Local 100 and the MTA previously sparred in court over transit service more than three years ago, when the union challenged the transit agency over its plans at the time to keep service on two subway lines at reduced pandemic-era levels. In recent months, the MTA has boosted weekday and weekend service on multiple subway lines.

The lawsuit was filed as Mayor Eric Adams, Lieber, the MTA head, and Michael Kemper, chief of the NYPD Transit Bureau, touted a nearly 8% drop in subway crime this year, compared to the first six months of 2023.

The NYPD has repeatedly increased the presence of police officers in stations, while the MTA has been installing cameras on every subway car.

“We are breaking the cycle of crime in our subway system, ” Adams said at a Wednesday morning press conference, pointing to a 26.6% drop in subway crime over the last month.

Editor’s note: The day after this story was first published the judge in the case issued a restraining order.

Judge Halts Bus Service Cuts as Union Suit Against MTA Suit Rolls Along

A state judge on Thursday sided with Transport Workers Union Local 100 in its push against so-called “shadow cuts” to MTA bus service.

Manhattan Supreme Court Justice Arthur Engoron signed a temporary restraining order that bars the MTA from “continuing cuts in bus runs and trips” after the TWU alleged in a lawsuit that the transit agency earlier this month began cutting between 5% and 10% of runs from depots in Manhattan, Brooklyn and The Bronx.

THE CITY reported Wednesday that TWU officials and Public Advocate Jumaane Williams filed suit against the MTA, alleging in court papers that reductions to bus service that began July 12 followed Gov. Kathy Hochul’s indefinite pause last month on the vehicle-tolling plan that was designed to generate money for the transit agency’s capital improvement projects.

“They had cut about 10% of the service,” Arthur Schwartz, a lawyer for the union, told THE CITY after the Engoron ruling. “That’s 40 runs a day times more than 20 depots, so that’s close to 1,000 runs a day.”

The judge’s order calls on the MTA to maintain the bus service that existed prior to July 12 until the case is resolved.

An agency spokesperson on Wednesday derided the lawsuit as a sign that “it’s now silly season.”

After the judge’s ruling, however, the MTA’s Tim Minton said in a statement: “We will continue to deliver a high level of service — still with no changes to routes or schedules — as we look forward to the merits of this case in court as soon as possible.”

— Jose Martinez

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