ARE THEY ABOVE THE LAW? This time we are going to find out.

In what has to be considered the most egregious breach of an employers responsibility to an employee, a Public Authority deliberately, and with malice of forethought, supplied false evidence in order to convict an innocent worker of a negligent act that caused injuries to 15 people. It is said that prosecution is a very ugly business, and , when you are on the receiving end of a prosecution that has the full power, influence and legal capacity of the transit authority, it goes far beyond "ugly business". The enormous power to interact with other government agencies, the unbridled access to limitless legal resources, political influence and finance, makes this a story about the misuse and abuse of power. This is about the right of any worker to be insulated from the criminal activities of his employer, it may even be about, if your employer is a municipal agency, the right of any worker to be safe from his government. While this story centers around a transit authority worker, Ariff Roberts, who was falsely accused of causing a train derailment, the ramifications are far more encompassing. The question is simple: The Transit Authority managers deliberately broke the law, innocent people suffered, WILL THEY BE PUNISHED FOR THE CRIME? We are all waiting for the answer, and that answer, when it comes, will be printed on this web site for all to see.

The Transit Authority is faced with some big problems. Unlike businesses in the private sector that are forced to solve problems using nothing more than their managerial skills, the authority has always had the public coffers to rely on. Public authorities and utilities have been faced with unprecedented changes in recent years however, driven to a large extent by a heightened need for public answerability resulting from widespread privatization. Within organizations such as the transit authority, which remain largely under direct government control, there should be a strong desire to provide a quality of service which matches that of the best in the private sector. Business pressures should force decision makers within the authority to scrutinize the cost effectiveness of all resources and the validity of all processes. Whereas in the private sector, they would do everything possible to hold on to their skilled labor force because of the enormous cost involved in retraining, the first thing the TA comes up with is a threat of layoffs. Therefore, efficiency becomes a key requirement and a key value for our managers to attain. One thing stands in our way, we do not have the caliber of managers that is necessary to achieve this degree of efficiency. For the most part they are mechanics with a sheepskin who are almost totally devoid of the benefit of management experience in the private sector. For many, it is the very reason they chose employment in the public sector. They would never be able to survive in a private business concern where compensation is a direct result of ones ability to enhance the bottom line. Advancement in the Transit Authority however, has little or nothing to do with proficiency. Unfortunately, for young management trainees, their mentors have been tutored by those of the same ilk. Therefore, there is little hope for any motivation towards rehabilitation of the proficient management system that at one time may have been.

The rash of accidents that has occurred in the transit system in recent years presents strong testimony in favor of a need for competent management. Their safety record is as such that it simply will not tolerate the burden of any additional mishaps. In order to avoid any more unfavorable publicity it was necessary to find a scapegoat for the accident that took place on July 3, 1997. What could have been easier than a young working man with a family to support.

Now however we must be concerned with the safety of every worker in the transit authority. We can not permit management to bear false witness against us. Even for this evil empire, the submission of false documentation and the willingness to commit perjury in order to escape responsibility for their criminal negligence goes far beyond the pale. At a meeting of the executive board on Tuesday, February 24, 1998, I demanded that Willie James, the President of our Union, ask for the immediate dismissal of the manager responsible, this should be followed by criminal charges filed against him. I do not care, as I seemed to gather from our lawyers explanation, that the transit authority, the union and Mr. Roberts have reached some sort of equitable agreement. I have promised my brothers and sisters in Signals that I would speak up for them as their representative. What ever agreement has been made under the table, doesn't hold any weight with me. I want this guy the hell out of here, and if my union president doesn't agree with me, then he should get the hell out of here too. I have heard him say time and time again that we will be going after managers that treat our brothers unfairly, there will never be a better opportunity for him to prove it. "NOW OR NEVER-PUT UP OR SHUT UP!"

I HAVE FILED A COMPLAINT WITH THE DEPARTMENT OF JUSTICE.

This is a copy of my letter sent to them on Wednesday, February 25, 1998:

EDWARD D. KEHOE

314 West 231 St., Suite 111

Bronx, New York 10463

http://www.unionism.com

To: Janet Reno;

Attorney General of The United States

US Department of Justice

Subject: Request for investigation:The Safety of the riding public.

Dear Ms. Reno,

I am an employee of the New York City Transit Authority, I have been in their employ for 10 years. I am also an executive board member representing the signal department of the Transport Workers Union, Local 100, AFL-CIO.

Statement of Facts:

On July 3, 1997, the last car of an IND subway train was derailed at 135th Street in Manhattan, a tragic accident in which fifteen people were injured. The Transit Authority, in an attempt to mitigate their responsibility for this tragic occurrence, deliberately, maliciously, and with criminal intent to defraud, supplied false documentation in order to implicate and punish an innocent worker. This is not an allegation, it is a "statement of fact" based on testimony given under oath at an arbitration hearing.

Background:

Shortly after the story of the derailment appeared in the newspapers, I asked to see the folder that contained all the documents relating to the accident. Even to the untrained eye, it was immediately evident that there were gross irregularities in the manner in which the supervisors reports were obtained. There was not one single shred of evidence to confirm, even in a preliminary report, that the accused maintainer had been responsible for the accident. I knew that I would need some help to bring this to the attention of the public. I called the New York Post and asked to speak to Mr. Bill Sanderson, the Transit Reporter. I informed him of my suspicions, he met with me and the Division Chairman at the time, Pete Foley. I explained my concerns to him, subsequently, following an initial investigation of his own, he published an article in "The POST" with a whole new slant on the accident.

Under our present system of what passes for impartial arbitration the Signal Maintainer would not have had a chance in a hundred for a fair hearing. This story however, published in the NEW YORK POST, put the arbitration process on notice that the decision would be closely scrutinized. In my opinion, Mr. Sanderson’s story in the POST is the single most important factor in assuring some element of justice was accorded this maintainer.

The Transit Authority was told by the Arbitrator that they did not have a case. Nevertheless, they continued in their relentless persecution of the innocent worker. The hearings and the torment dragged on for months. The conspiracy became evident at the final arbitration hearing when one of the witnesses for the Transit Authority, a foreman at the scene, broke down under questioning and stated that he falsified his report. He went on to say that he was forced to do so by his boss. He was asked to name the manager, and he did so. Not only did the Transit Authority fail to take action against this manager, they actually gave him a promotion. The message to all Transit Authority employees, as well as the riding public is abundantly clear. It is unsafe to ride with, or work for The New York City Transit Authority.

Accusations:

I accuse the transit authority of intentional deception through the submission of false and material misrepresentation resulting in an irreparable injury to Signal Maintainer Ariff Roberts. I accuse the transit authority of utilizing all the multifarious means which human ingenuity can devise to defraud the people of New York and convict an innocent person of wrong doing. I accuse the transit authority of obstruction of justice, of perjury, of conspiracy to commit perjury and of using the illegal means of threats and coercion to induce their subordinates to join them in this conspiracy. I accuse the Transit Authority of the wanton disregard for human life resulting from the interference of a government agency in the commission of an accident investigation thereby causing the investigation to terminate with false and misleading conclusions. That these false conclusions have in fact obscured any possibility of determining the true cause of the accident. That because of this loss of vital information there exists a strong possibility of a reoccurrence, accompanied by injuries and loss of life.

Opinion and Request:

Because of the fact that arbitration is a closed hearing, it is widely accepted that the Authority may do and say anything they wish with no regard for the possibility of accountability. I find that contention to be totally unacceptable. I request that all parties that were present at this hearing and/or the accident be questioned as to the circumstances surrounding the methods used in obtaining the evidence. I believe that these depositions should be taken under oath. Special emphasis should be place on the manner in which the supervisors evidence was reported. For the safety of the riding public, it should be determined what effect the false information had as it pertained to the investigation by the NTSB. I ask that an in depth investigation follow the questioning. I request that the manager responsible, as well as his superiors, be tried on criminal charges and sent to jail if found to be guilty. I request that this investigation include the highest executives in the decision making process of the authority. Obviously, evidenced by the promotion of a criminal, they encourage, support, and otherwise approve of the filing of false documentation in order to incriminate innocent employees. I request that a record be kept on the career of a signal foreman who refused to join her bosses in this conspiracy. My understanding is that she resisted all the efforts of her tormentors, and did so at great personal risk. When opportunities for promotion are made available, I suggest that the authority redirect those rewards towards people like her who deserve them.

The Transit Authority is not, and has not been for many years, an organization dedicated to a system of improved transportation for the riding public. A "cash cow" for political pundits would seem to be a far more accurate and appropriate definition. A financial, as well as political resource for the New York Governors, Mayors and other legislators, it has become more of a political football, than an economical means of transportation for the riding public. Outrageous pricing on contracts, goods and services, and the ability to designate those contracts to friends of political contributors make this a viable political asset for government controllers. Since by virtue of it’s status as an "Authority" it has to a very large degree the benefit of sovereignty, it stands as an impregnable wall against such mundane things as scrutiny, justice and the law.

Since the political bosses have a strong desire to keep the benefits of this cash cow flowing to their financially endowed and well connected constituents they must find other areas to cut the costs. The civil servant, working under the chains and shackles of a form of slavery, unconstitutionally imposed under the Taylor Law, now becomes a prime target for their treachery. In a city that ranks among the highest in unemployment, and the lowest in new job creation, they try to make a case for layoffs. They utilize the nefarious means of supplying false financial information to union leaders who are incompetent to challenge the validity of their claims. They remind these well paid union leaders that when they are called upon by their constituents for accountability that they have the perfect alibi "we have no right to strike". Here then is where slick political financial gymnasts come together with incompetent union leaders in an all out assault on the Transit Authority worker.

Open Jobs: When workers retire the authority sees this as a reduction in costs and benefits, they do not replace the worker. They see this as a cost saving. The maintenance can not be covered by the remaining workforce. They pay overtime to selected workers to cover the maintenance. In order to keep the overtime flowing, the worker will show production at an increased level that is never accomplished by other workers on straight time. The authority knows the work is not being done correctly or safely, nevertheless, they love the numbers that are fraudulently produced. The overtime will therefore continue, the extent of the improperly serviced equipment will continue to expand, the result of the danger to the riding public increases at an alarming rate. They have been warned on many occasions about unsafe conditions related to a reduction in the manpower necessary to maintain it. The worker becomes a convenient scapegoat when an accident occurs due to transit authority malfeasance.

What are the politicians prepared to do in order to insure the longevity of this lucrative, rewarding system of corruption?

12/8/95, New York Times, A-1, "Corruption-Fighting Agency Stripped in Pataki Dismissals" (Clifford J. Levy) Since being elected, Pataki has systematically aimed at eliminating the effectiveness of a state agency empowered to investigate fraud and corruption in state government. Pataki has fired 22 of the 25 employees in the Office of the State Inspector General. He has hired five replacements with Republican credentials.

In reading this excerpt from the New York Times I am reminded of the following words that were attributed to a well to do railroad executive of the late nineteenth century whose name was William H. Vanderbilt. When asked about the effect of his policies on the general public replied with the infamous response "The Public Be Damned".

Because I hold the New York City Transit Authority directly responsible for the activity to which I refer, the normal channels of an appeal for justice to that agency are not an option. The office of The Transit Authority Inspector General is not only not an option, it is in my opinion the reason for Transit Authority managers to feel they may break the law with impunity, a practice they engage in with frightening regularity.

We, as employees of the Transit Authority, have accepted through our employment the obligation to service the transportation needs of the riding public in and around the city of New York. Inherent in that job, and that obligation, are certain unavoidable dangers. We are constantly exposed to subway traffic, electrical hazards, fires, asbestos, contaminated needles, pathological remains, violent criminals and rats. Indeed, our job has been described as the most dangerous in the industry. We expect to receive from our supervision, instructions, information and specific orders directing us to carry out assigned duties in a safe and lawful manner. Wherever it is necessary or advisable we expect, as we have a right to, the full cooperation and assistance of our supervisors to carry out these assigned tasks. Because of this recent betrayal of trust however, we now find that instead of the assistance we should expect to find from our supervision, we must now add them to the list of unavoidable dangers as previously enumerated. For a Transit Authority manager to use threats and intimidation in order to coerce his first line supervision into acting in a manner that is contrary to the interests of the safety of the riding public is criminal. To use those same tactics to convict an innocent worker of wrong doing is unconscionable.

Since we are Civil Service employees in the direct employ of a government controlled agency we expect to be treated fairly and honestly. Our expectations however, have far exceeded the reality. We have been the victims, at least indirectly, of political corruption, and directly, of the cronyism that exists in the "old boy network" known as the Transit Authority. We have been systematically lied to and forced to accept without recourse all manner of labor abuses that our restrictions under the Taylor Law were never intended to impose. These would include lies about available funds for contract negotiations, and, productivity bonuses that were stolen and reclassified as surplus by state and local government bosses. Nevertheless, we cannot, and will not allow these corrupt individuals to deprive us of our rights of "Due Process". These rights come to us as a result of The Constitution of The United States of America. The upstate gangsters in the governors office are not yet powerful enough to take this away from us, however, if we don’t exercise those rights, someday they may be. In coming to you then I exercise those rights.

Because the Department of Justice serves as counsel for Citizens of the united states and, because your department has the responsibility of enforcing the law in the public interest, I can think of no better place to voice my concerns. Adding to this the fact that you have thousands of lawyers, investigators, and agents, you are in my opinion uniquely qualified to investigate the Transit Authority. How far you would want to pursue this investigation would depend on how you feel about the subject of organized crime as a branch of the government.

These are the questions that need to be addressed:

Question: Has a crime been committed against an innocent worker by a government agency?

Answer: It has.

Question: Do we know who is responsible?

Answer: We do.

Question: Based on this precedent, will it happen again?

Answer: It will.

Question: Is there a question of safety to the riding public?

Answer: There is no question about it.

Two remaining questions left unanswered:

Question: If you do not put a stop to this now,............ then when?

Question: If it will not be stopped by you,...........then by who?

Note: Consideration should be given to the fact that I recognize the responsibility of our foremen, our first line supervisors, to carry out the orders of upper management. Given the fact that their union receives financial support from The Transit Authority, to a very large extent they are without adequate representation. The jobs they are accepted in, and the opportunity for any upward mobility in the Transit Authority, to a very great extent depends on their relationship with management. More often than not, they are made the pawns in this totally out of control system of cronyism, nepotism, favoritism and corruption. In many cases, they are as much the victims of these systematic abuses of power as the workers they are assigned to supervise. A case can be made for the foreman who was pushed beyond the limits of what he could endure and subsequently forced to file a false report for fear of losing his job. While it was definitely wrong, it was not beyond understanding. On the other hand however, there is the courage of the other supervisor, who from what I have been told, told them in no uncertain terms that she was not going to play ball. From what I understand, they are not happy with what she did, we certainly are. I hope she will not suffer reprisals for doing the right thing.

Sincerely

Edward Kehoe

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