Nonunion T workers file suit over raises

A group of executive transit workers who had their 9 percent pay raises rescinded last month filed suit against the MBTA Monday and announced they are attempting to unionize.

"They hadn't had a raise since 2005," said Warren H. Pyle, a lawyer who filed the suit as a class action on behalf of 273 employees. From 2003 to 2005, he said, they had received the same increases as the unions.

The executive workers are asking for the same raises recently given to unionized employees, plus additional damages and attorneys' fees. Joe Pesaturo, a spokesman for the Massachusetts Bay Transportation Authority, said the agency would not comment on pending litigation.

Since 2003, the T has set wage patterns for all its employees using the contract of its largest union, the Boston Carmen's Union, Local 589.

The Carmen's Union won a four-year contract in July, which gave them raises of 3 percent for each of the first three years and 4 percent for the fourth year. Because their old contract expired in 2006, they won both retroactive pay and an immediate 9 percent raise.

But this year, amid tremendous financial strain at the T and threats of large fare increases for commuters in 2010, Transportation Secretary Bernard Cohen urged the T's general manager, Daniel A. Grabauskas, to rescind wage hikes that had been given to executive employees. That group of nonunionized employees includes some lower-level employees along with some of the T's highest paid managers. Many commuters had complained that the wage hikes seemed excessive in the tough financial climate.

Though Grabauskas rescinded the raises, he reinstated a smaller hike - 3 percent - for nonunionized employees who make less than $70,000.

Two employees were named as official plaintiffs in the lawsuit filed this week on behalf of all the workers: Gail A. Jones, a bus driver since 2001, and Carrie Dubose, a 26-year employee who serves as a superintendent of transportation.

The organizing effort with the United Steelworkers union is separate from the lawsuit, but Pyle noted that if the workers were part of a union, they would have gotten the raises.

"They want to be treated fairly. They don't want to be workers left out," said Donna Blythe-Shaw, staff representative for the United Steelworkers. "Considering what's happening at the T now, they can't help themselves."

She said that two-thirds of the nonunionized workers have signed cards asking for representation from the union.

Noah Bierman can be reached at nbierman@globe.com.