With his back against the wall as his union's resources having been dried out, Transit Workers Union President Roger Toussaint has sworn in a court affidavit that transit workers have no intention of going on strike again "now or in the future." The affidavit was filed in hopes to have the union's automatic due payments restored, a privilege taken away after the TWU's illegal strike in 2005, a penalty that has cost it millions.

Toussaint's pledge not to strike appears to be enough for the city to allow the automatic payment to return. While it cannot absolutely guarantee that another strike could be averted in the future, a Bloomberg lawyer made it clear that another strike would bring on even steeper penalties for the TWU. Speaking on behalf of New York City Transit, Andrew Cuomo also said he would not oppose reinstatement of the payment. A hearing on the matter will take place in State Supreme Court in Brooklyn tomorrow.

The promise not to strike is one of the few times Toussaint has eaten crow, generally being prone to a fierce bravado throughout the 60-hour strike and even after he was thrown in jail for four days following it. The Times speculates that it could put into jeopardy his chances for reelection as president of the union, up for a vote in June.