By Joe Maniscalco

We now know that the head of the union representing more than 40,000 New York City Transit workers is officially out. Former TWU Local 100 President Richard Davis resigned under pressure last week, amidst ugly allegations of “inappropriate sexual behavior” and outrageous abuse of power.

But why just now, many rank and file members wonder—when these kinds of complaints have been swirling around the man for years?

“We just came out of an election,” train operator and TWU Local 100 presidential challenger Evangeline Byars told Work-Bites this week. “They knew all of this was happening. They did this in order to basically take our union from us. It’s a hostile takeover by the International. Local 100 is the largest Transport Workers Union in the United States—all the money and funding that goes into the International comes primarily from Local 100—and this was a power grab to basically put who they wanted in charge.”

TWU Local 100 initially told the public Davis was “out sick until further notice.” In reality, TWU International President John Samuelsen had already suspended Davis on January 21, in response to an internal investigation into allegations from an unnamed “Ms. Doe.” According to that report, Davis subjected “Ms. Doe” to “unwanted sexual comments” after being hired in 2022—and ultimately terrorized her into becoming his “sex toy.”

“She expressed that she felt if she did not have sex with Mr. Davis and do what he wanted, her TWU Local 100 and bargaining unit jobs would be in jeopardy and she would be terminated,” the January 19, investigative report states. “According to Ms. Doe, Mr. Davis played on this fear, reportedly telling her she needed the flexibility of her TWU Local 100 job for her children.”

Former MTA bus operator Nicole Hecker, however, filed a complaint against Davis in Kings County Supreme Court long before that on Dec. 14, 2023. In that complaint, Hecker alleges Davis viciously assaulted her on more than one occasion during a five-year relationship with him. The complaint further asserts Davis has a history of “animus towards women that is extensive.”

“On December 21, 2022,” the complaint charges, “a scathing email was circulated around the MTA, to Union officers, and even to Governor [Kathy] Hochul, alleging sexual misconduct against various women perpetrated by this same Defendant, Richard Davis. The Plaintiff’s name and photograph was attached to this email, yet no disciplinary action was taken.”

The complaint goes on to state, “Ms. Hecker was aware at this time that the previous instances of sexual harassments complainants being logged against [Davis] in 2009, 2011, and 2012, were all dismissed without any ramification to Mr. Davis. Therefore, she felt she had no recourse due to the pattern and practice of the TWU and MTA.”

According to the complaint, “Ms. Hecker saw the futility in complaining at the time, and made the decision that the only consequence of filing a formal complaint, would be either retaliation against her, or hardship at work; not any adverse consequences or remedial measures taken against the Defendant.”

Davis, nevertheless, captured the TWU Local 100 presidency last month running as the incumbent. The union’s Executive Board originally installed him as president in 2022 in a 41-0 vote to succeed then-President Tony Utano, who decided to relinquish the spot. Utano was initially appointed TWU Local 100 president in 2017, after John Samuelsen won a victorious election to lead the 150,000-member TWU International.

“I’d like to thank the Executive Board for this honor,” Davis said at the time of his ascension. “Thank you for putting your faith and trust in me to lead our union forward. And that’s exactly what I intend to do–move us forward and make this great union even greater.”

TWU Local 100 announced Davis’ resignation due to “health reasons,” along  with the appointment of John V. Chiarello as interim president, on Jan. 25. As The Chief’s Richard Khavkine points out, this is now the third straight time an appointee is taking over for an outgoing TWU Local 100 president without the benefit of an election.

“It’s always been appointments, appointments, appointments,” Byars’ runningmate Ed Gajda told Work-Bites this week. “We've never had an election where we had candidates come out and go against the union [establishment] for a long period of time. Everything was done by appointments. The rank and file have tried to fight this on several occasions. But there're a lot of…indiscretions being done to the members as far as election balloting, election rules, and management interfering with elections. There’re a lot of things that happen while these so-called elections are supposed to be going on. They're fake elections. It's a kangaroo court that we have.”

Samuelsen told Work-Bites that “Ms. Doe’s” complaint against Davis and the internal investigation resulting in his decision to suspend him last week, was the "only thing ever presented to the International by a member” and is “completely different” from the Hecker case.

“Nicole Hecker never made a complaint to the International,” Samuelsen said. “This is completely different. We have a victim that reported to the International.”

As for criticism for failing to sanction Davis sooner, Samuelsen said that’s just a case of sour grapes from a “pack of political losers.”

“[They] are a flock of Muppety Maoists with no political support inside Local 100,” he said. “They couldn’t beat a seriously flawed candidate and now they’re trying to use the victim and her tragedy for political purposes. Shameful.”

Samuelsen further insisted the turmoil surrounding Davis’ exit and the subsequent appointment of John V. Chiarello as his successor is actually “separating true trade unionists that care about the local from opportunists that want to use the tragedy of this victim for a second bite of the apple.”

Byars and her slate have filed a lawsuit against the American Arbitration Association for allegedly failing to uphold the integrity of the latest presidential election. They also charge the MTA  interfered with their ability to campaign ahead of the contest.

“This would be an administration that they could not hold—that would not sell out to the MTA,” Byars said. “So, that is the threat.”

Hecker’s attorney Tricia Lindsay, meanwhile, told Work-Bites this week her client didn’t share or submit her complaint to the International, but that the complaint was submitted to Hecker’s employer [TWU Local 100-NYCT Childcare Fund].

“CCF’s Board Of Trustees represent both TWU Local 100 and NYCT,” Lindsay said in an email. “The onus should have been on the Local 100’s Trustees to notify the International if that is their internal process. In addition, the Union’s attorney, Denis Engel, is currently representing Davis in this case. Also, the fact that Mr. Samuelson stated that he read about Ms. Heckers case in the papers means he knew. I commend him for moving swiftly, but perhaps if they had taken all the complaints about Richard Davis’ actions over the years more seriously, we could have prevented all the harm he has caused, because the fact is THEY ALL KNEW.”

John Simino has been repairing subway cars in Coney Island for more than 40 years and served on TWU Local 100’s Executive Board several times under five different presidents. He also says Davis’ alleged abuse of power has been well known for years.

“It's nothing new,” Simino said. “For Samuels to say, oh…we only found out three weeks after the election…it’s a total cover-up. It was a cute move. You’ve just gotta peel the onion and you'll see that it's really a way to get their man John Chiarello appointed for the next three years.”

Byars further blasted Samuelsen for cultivating the kind of culture within TWU Local 100 that allowed Davis to allegedly abuse his female subordinates.

“While [John Samuelsen] was president of Local 100—on his watch—there were division officers who were sexually stalking, harassing and abusing members of Local 100—and he did nothing about it,” Byars told Work-Bites. “As a matter of fact, he gave them legal representation. This is where Richie Davis became emboldened to feel as if he could violate and abuse women and nothing can happen—because that culture of abuse and violence towards women was cultivated under the John Samuelsen administration.”

Hecker’s attorney commended “Ms. Doe” for standing up to Davis now and pressing the case that ultimately led to his suspension and subsequent resignation.  

“Clearly she was smart enough to bypass the Local 100 and go to the International,” Lindsay said. “Local 100 did nothing to vindicate Ms. Hecker. In fact, Ms. Hecker was placed on leave while they conducted a sham investigation in response to her complaint and found Davis did nothing wrong. It’s time to change the culture of the TWU Local 100 and the MTA. I hope this is a sign of that change and not just an effort to save face to stem public scrutiny and avoid accountability on the legal front.” 

Work-Bites reached out to the MTA for comment on this story, but is still waiting for a response.

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