Union leader: LIRR crew being harassed, assaulted while enforcing mask policy

The head of the LIRR’s largest union is calling attention to what he says is a rise in violence against train crew members — including one who was assaulted last weekend — in incidents stemming from the railroad’s mask policy.

Anthony Simon, general chairman of the International Association of Sheet Metal, Air, Rail and Transportation Workers, the union representing LIRR conductors, said the latest incident highlights the dangers in relying on railroad employees to enforce the policy that passengers wear face masks while onboard trains. Masking on public transit is a federal mandate.

"Our front-line train crews are being verbally harassed and even physically assaulted by simply reminding LIRR customers of the onboard mask requirements," Simon said. "It is unacceptable that our train crews' safety are at risk due to policies that conductors do not make and are unable to police themselves."

Contrary to Simon’s assertion, MTA spokeswoman Renee Price said that, according to MTA Police, there have been no assaults on LIRR conductors related to mask enforcement.

Simon said the incident occurred onboard a Montauk-bound train on Aug. 13, near Babylon. The conductor asked an unmasked passenger to comply with the mandate, and was confronted by another passenger, who argued with the conductor about the railroad’s mask requirement, he said.

"When the conductor attempts to walk away, the customer kicks him from behind and throws a punch," Simon said, referring to the passenger who argued with the conductor.

Police were called to meet the train at Babylon, but before the train could arrive, the rider who attacked the conductor opened an emergency door and jumped onto the tracks. Police are still searching for the rider.

Price confirmed that a passenger made unwanted physical contact with a conductor on the train, but said the incident was unrelated to the LIRR’s enforcement of masking. She said there was an earlier dispute between passengers about the mask policy, and that the conductor intervened.

MTA Police statistics show that, through June, there have been nine felony assaults on the LIRR, compared to four incidents the first six months of 2020. In discussing the increase in assaults during a meeting last month, MTA Police Chief Joseph McGrann said, "What concerns us the most is the business about assaults on employees."

McGrann said that of 15 assaults this year on the MTA’s two railroads, the LIRR and Metro-North, four were against conductors and five were against police officers making arrests.

The MTA also has reported that, on average, there have been more than five incidents of New York City subway and bus workers being "assaulted or harassed" each day since the beginning of 2021. That includes incidents of verbal threats, spitting and "other threatening behavior," according to the MTA.

After reporting that 98% of customers were wearing masks in late April, MTA officials acknowledged that the compliance rate declined as more people were vaccinated against the COVID-19 virus, and as mask requirements were relaxed. Following an audit last week, the LIRR said 88% of its passengers are complying with the mask requirement.

Following an extension of Transportation Security Administration police requiring masks in all indoor public transportation facilities, the LIRR’s mask mandate will remain in place until at least Jan. 18, at the earliest. Violations are punishable by a $50 fine, although MTA Police have issued just 41 summonses since the policy was enacted in September.

Baldwin commuter Jim Hagny said he’s seen nearly half of passengers on a train car unmasked in recent weeks, and has never witnessed a conductor confront a rider about violating the policy.

"And I understand, because people are crazy out there," said Hagny, who regularly has observed MTA employees, including police, violating the mask policy.

"I don’t need a picture of [LIRR president Phil] Eng handing out masks at Jamaica," said Hagny, 63, referencing a recent photo published in Newsday. "I need him at Penn Station, making sure his employees are setting the right example."

By Alfonso A. Castillo

alfonso.castillo@newsday.com@alfonsoreports

Alfonso Castillo has been reporting for Newsday since 1999 and covering the transportation beat since 2008. He grew up in the Bronx and Queens and now lives in Valley Stream with his wife and two sons.