Frank Pizzonia, a former Long Island Rail Road worker on trial for massive overtime fraud, is trying the “everybody does it” defense. The details suggest it won’t help him get a “not guilty” verdict — but are still damning of the LIRR’s scam-friendly culture.
Court filings by his lawyers argue, “Being absent during one’s shift and being paid regardless was common practice.” More, higher-ups told workers they could leave the job site as long as they were “available by phone.” And “everyone was doing it” in the sight of management, third-party contractors and the union.
We look forward to the testimony backing up the claim that those who finished work early “were subsequently told by the project manager and the union to ‘pay themselves’ ” — collecting OT as long as the job got done. So, overtime abuse was overseen and abetted by the LIRR management itself?
Again, this shouldn’t get Pizzonia off the hook: In 2018, he claimed 3,780 overtime hours, for $305,000 in total pay, to become the MTA’s 29th-highest-paid employee.
But it does help explain how, as the Empire Center revealed, “LIRR overtime spending increased by nearly 30 percent, totaling $224.6 million in 2018, up $50 million from the previous year’s $175.4 million.” LIRR “workers” on average scored 50 percent more in overtime pay in 2018, or $34,000, than 2017.
The think tank’s reports, followup Post reporting and belated management action brought OT down in later years. But the LIRR unions continue to resist systematic reform to ensure the scams don’t return once the heat is off.
Your tax dollars are still at risk.