UPDATE AS OF JANUARY 7, 2020
Depositions of the Respondents’ witnesses are completed. I deposed Sharon Persaud, Mike Setzer and Michael Kelly. I have asked the Respondents (Nassau County, Veolia/Transdev, and the MTA) to provide additional documents. Attached is a letter to the Arbitrator explaining the additional documents and information requested. Once we have completed discovery, both sides will make motions to dismiss/for summary judgment. After those motions are decided, and the Arbitrator decides there are triable issues of fact, an Arbitration hearing will be conducted. I will keep you informed as best as I can.
UPDATE AS OF JUNE 17, 2019
The Arbitrator has denied the request to add approximately 106 additional claimants who came forward after we brought the initial proceeding. The decision is attached. The Arbitrator found that adding 106 Proposed Additional Claimants would be inappropriate and contrary to the plain language of the 13(c) Agreement. The 13(c) Agreement provides that “any employee affected. . . may file a written claim through his/her Union representative with the Recipient [MTA, Nassau County, LI Bus] within sixty (60) days of the date the employee is terminated or laid off as a result of the project, or within eighteen (18) months of the date the employee’s position with respect to his/her employment is otherwise worsened as a result of the Project.” Written notice was given on May 22, 2013 of the claims of those who had come forward at that time, which were the one-hundred seventy-five (175) in number. The notice on behalf of those who signed up for the suit was timely and made within the required eighteen (18) months. The remaining claimants came forward after the eighteen months had expired, and their claims are not timely. Therefore, the Arbitrator found that the additional Claimants could not be added.
UPDATE AS OF DECEMBER 12, 2018
Good news. Arbitrator Martin Scheinman has issued a decision ordering that the MTA, Transdev and Nassau County (Respondents) respond to Claimants’ discovery demands. After receiving the discovery, we will be conducting depositions. After depositions, it is anticipated that Respondents will likely make a motion to dismiss, which we will oppose. If the motion to dismiss is defeated – which I anticipate it will be — we will then proceed to an arbitration hearing.
I will be submitting the request to add additional claimants within the next month. As soon as I have a decision on that, I will let you know.
Resolution of this matter will not be for at least another six months or more. Thank you for your patience.
This matter has taken time due to the Respondents’ opposition to our request to arbitrate and then the appeal of the Supreme Court’s order that Respondents arbitrate. Martin Scheinman was appointed in late 2017. We have been negotiating discovery for the past six months.
Best, Gail M. Blasie, Esq.
UPDATE AS OF AUGUST 2, 2017
The Appellate Division upheld the Supreme Court’s decision compelling Nassau County, Veolia, and the MTA (Respondents) to proceed to arbitration to arbitrate the former Long Island Bus employees’ 13(c) claims. Decision on Appeal.
The next step is to have an arbitrator appointed and proceed to arbitration.
Please check this website for any updates. Rumors abound. Do not believe any information unless it comes from me, your attorney.