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T union members may slow service

Pay protest could be done legally

Subway and bus service could be crippled in coming weeks if the MBTA's board fails to free up money owed to its largest labor union.

The president of the Boston Carmen's Union Local 589, Steve MacDougall, said yesterday that his guild has a plan to "impact service" if the Massachusetts Bay Transportation Authority board fails at its October meeting to find a way to pay back wages the union won in a July arbitration decision.

MacDougall stopped short of saying workers would deliberately slow service down, which would be illegal under collective bargaining rules. But the effect could be the same if workers decided to take advantage of all rights they have under their contract and to follow often-overlooked regulations: by calling in sick en masse, refusing overtime shifts, obeying speed limits that require significant slowdowns in advance of subway platforms, and holding buses at every stop until all passengers are seated.

"We would impact service only in a way that adhered to the rules and regulations and policies set forth by the authority," MacDougall said in an interview yesterday.

The union's plan is "not going to be one that anyone's going to be happy about - not the administration, not the public, and certainly not my members," MacDougall said.

Through a spokesman, MBTA general manager Daniel A. Grabauskas referred questions to board chairman Bernard Cohen, who is also the state's transportation secretary. Spokesman Klark Jessen said Cohen was out of the country and unavailable for comment.

"The secretary as board chair is committed to resolving the back pay issue promptly," Jessen said.

Union members had been without a contract for two years before an arbitrator ruled on July 7 on a four-year contract that awarded them a 9 percent raise, as well as back pay for the two years they went without a cost-of-living increase. Some of the T's other unions have approved similar contracts, and others are expected to follow suit.

The pay raise went into effect immediately, but the T withheld the back pay until it could amend its annual budget. The T has not said how much is owed the Carmen's union, but estimated that covering back pay for all the unions would cost $43 million.

To pay the debt, the heavily indebted T is contemplating a plan to borrow more money, use the last $1 million from its emergency fund, and deplete a modest capital fund set aside to keep equipment maintained.

Cohen and the MBTA board delayed a vote on the plan at its Sept. 11 meeting , due to concerns about using borrowed money to pay wages, but committed to resolving the issue before the next monthly meeting.

The delay left union members furious.

MacDougall said he has fielded about 100 calls a day from members wanting to know the status of their payments.

After the September meeting, Cohen announced a cost-sharing plan with other transportation agencies that could eventually save the T $7 million a year - but the savings require outside approvals and fall well short of the amount needed to pay the back wages without borrowing.

MacDougall said he has made progress in discussions with board members and the MBTA administration, and has asked union members to hold off on any plans that would impact service prior to the October meeting.

The meeting is scheduled for Oct. 9, but Jessen said officials are working on rescheduling it because it falls on Yom Kippur, the holiest Jewish holiday.

"We remain hopeful that they're going to meet their obligation," MacDougall said.

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

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