Unions

Flooding the streets

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news@sfbg.com

In New York City’s Times Square on a muggy, gray Sunday afternoon at the historic People’s Climate March, everything went silent for a minute as a massive crowd, led by indigenous people from around the world, raised fists in the air to support communities suffering the harshest effects of climate change.

In this canyon of glittering commerce, surrounded by corporate icons such as Chase Bank, Bank of America, Gap, McDonald’s, and Dow Jones, the silent coalition then burst into a thunderous crescendo meant to symbolize action and demand climate justice.

On Sept. 21, a veritable ocean of humanity, estimated at up to half a million people — a diverse global tapestry hailing from South Bronx to South Dakota, Kenya to the Philippines — flooded Manhattan’s streets with calls for climate change action two days before a major United Nations Climate Summit that few expected to produce much, if any, change. The next day [Mon/22], a more confrontational “Flood Wall Street” civil disobedience action drew thousands.

The New York march, part of a worldwide day of action spanning more than 2,700 rallies in 159 countries, represented the largest, loudest sign yet that the world is waking up en masse to the climate crisis. Stretching for miles through Manhattan’s mid-section, wave after wave of contingents illustrated the crisis’ universal effects and broadening response: Indigenous people’s groups from around the world, labor unions, faith and LGBTQ groups, low-income communities of color. More than 1,400 organizations endorsed the march.

The People’s Climate March also reflected the urgency and rising response from communities of color and indigenous people who bear the brunt of climate disasters. As many attested, these climate-hammered communities are bringing economic and ecological justice issues to the forefront of a movement often criticized for being predominantly white.

“I’m here because I have a chronically asthmatic daughter,” said Tanya Fields, a 34-year-old mother of five and executive director of the Bronx-based Black Project. In poor waterfront communities from New York’s Far Rockaway and the Bronx, to New Orleans, “communities are not being prepared for the inevitable repercussions” of climate change, Fields said. “When you look at the intersection of climate change and capitalism, those who are have-nots clearly are much more vulnerable. When we talk about creating a more resilient world, we’re also talking about protecting the most marginalized.”

Iya’falolah Omobola, marching with a Mississippi environmental justice group called Cooperation Jackson, said her community has been hit hard by a confluence of climate change, poverty, and health struggles.

“We have a lot of issues directly related to climate, but also to the fact that there are no jobs, there’s no public transportation to get people to jobs,” she said. “There has to be a community-led solution as opposed to the system that keeps compounding the problem.”

Behind a banner stating, “Climate affects us the most,” 300 or so marched from the Brooklyn-based El Puente Leadership for Peace and Justice, including many youth.

“Many of our young people are from the Dominican Republic and Puerto Rico. We know what’s happening to our people there in terms of climate change, so we’re coming together,” said El Puente Executive Director Frances Lucerna. “The connection between what happened here when Hurricane Sandy hit and what’s happening in our islands, in terms of beach erosion and extinction of species, is devastating.”

Marchers from Africa, Latin America, South Asia, and beyond highlighted the underlying “first world” causes behind the climate crisis. Marifel Macalanda, of the Asian Pacific Indigenous Youth Network in the Philippines, said she was in New York “in solidarity with indigenous peoples worldwide,” urging corporations to “stop plundering our resources. They are the primary reasons we are having this climate crisis right now.”

Meima Mpoke, who traveled from Kenya along with 20 of his compatriots, added, “We are here to say to the industrialized world, you are the cause of this.” The UN Summit, Mpoke said, “should produce some action, particularly to show who is causing the climate change.”

Marching with a large Bronx contingent of Percent for Green, Alicia Grullon emphasized similar struggles in poor US communities. The South Bronx is “a dumping ground” for New York’s toxins, and “the asthma capital of the country,” she said. The UN summit presented “an unusual gift for policymakers to do something new … and we’re afraid they’re not going to do that and we’re here to remind them of that great opportunity they have.” However, she added, the Summit gave corporations a big seat at the table: “That’s not representing needs of the people.”

Mychal Johnson, co-founder of South Bronx Unite, was one of just 38 civil society representatives invited to attend the UN Summit. “I won’t have a speaking role,” he said, but “our presence hopefully will speak volumes.” The gulf between the massive public march and the closed-doors UN summit was “a grave contrast,” Johnson said. “A great deal of corporations have been invited, but for so long, the voices of the many have not been heard. We know what corporations are doing to cause harm to the planet, and hopefully this [march] will show people coming together all over world to make sure that legally binding agreements come out of these climate talks.”

 

DIM HOPES FOR UN SUMMIT

Billing itself as “catalyzing action,” Tuesday’s UN Climate Summit issued bold pronouncements ahead of its proceedings — but social justice groups from around the world were not buying it.

“The Climate Summit will be about action and solutions that are focused on accelerating progress in areas that can significantly contribute to reducing emissions and strengthening resilience,” the Summit website promoted. “Eradicating poverty and restructuring the global economy to hold global temperature rise below 2 degrees Celsius are goals that — acted on together — can provide prosperity and security for this and future generations.”

But critics blasted the UN climate agenda for emphasizing voluntary reforms and “partnerships” with businesses and industries that are fundamentally part of the problem. One week before the People’s Climate March, global social movements including La Via Campesina, Grassroots Global Justice Alliance, and Indigenous Environmental Network — representing a total of more than 200 million people — issued a statement decrying the “corporate takeover of the UN and the climate negotiations process,” Common Dreams reported.

“The Summit has been surrounded by a lot of fanfare but proposes voluntary pledges for emissions cuts, market-based and destructive public-private partnership initiatives such as REDD+, Climate-Smart Agriculture and the Sustainable Energy for All Initiative,” according to the statement. “These are all false solutions of the green economy that seeks to further commodify life and nature and further capitalist profit.”

 

BIGGER TENT, SMALLER MESSAGE?

Despite concerns about the Summit, the People’s Climate March drew criticism from some activists for not making any demands, and for spending big on public relations while opting for a nonconfrontational “big tent” that some said diluted the movement’s message and impact.

A “Flood Wall Street” direct action Monday drew thousands for civil disobedience, issuing a strong message: “Stop Capitalism. End the Climate Crisis. Flood, blockade, sit-in, and shut down the institutions that are profiting from the climate crisis,” the event’s website urged. “After the People’s Climate March, wearing blue, we will bring the crisis to its cause with a mass sit-in at the heart of capital.”

Flood Wall Street’s more confrontational approach and its naming of capital illustrates unresolved differences about where the movement should focus its energy: Will it work for market reforms, such as 350.org’s popular fossil fuels divestment campaign, or press for larger systemic change? As it erects a big political tent drawing broad mainstream support, will the climate movement be able or willing to push bold demands that may confront capital and corporate power?

In a widely read critique for Counterpunch, writer Arun Gupta argued that the focus on drawing a big crowd came at the expense of a sharper message and impact. “[W]hen the overriding demand is for numbers, which is about visuals, which is about PR and marketing, everything becomes lowest common denominator. The lack of politics is a political decision.”

In an e-mail comment, Bobby Wengronowitz, who helped organize for the Flood Wall Street actions, said he supported the big march, but added, “We need to match the scale of the crisis. We need to get the US and other rich countries on a 10 percent emissions reductions per year plan. That requires white privileged folks to do what indigenous people have been doing for 500 years — to put their bodies on the line … I’m all for big tent, but this march, even if the final tally is 500K does NOT do it.”

A three-day Climate Convergence, featuring talks, films, and teach-ins, offered protesters a dose of critical thinking, urging, “Demand an end to fossil fuels, mobilize for system change, living wage jobs now!” At an event on climate change and the public sector, a panel of organizers and authors raised questions about the focus on market-driven approaches, discussing the potential for addressing climate change through a revitalized public sector.

 

NEW COALITIONS AND HOPE

On the day of the big march, the sheer immensity of the gathering and the expressions of hope were palpable.

“Today I marched peacefully alongside humans of all class and race, of all gender and sexuality, among anarchist, indigenous, labor unions, different political parties and so many more,” said Patrick Collins, who rode the People’s Climate Train from San Francisco. “[S]eeing the over 1,000 different groups come together in the march who all have different ideologies but are willing to look past differences and agree on common ground does give me some sort of hope.”

Many marchers also expressed hope for new coalitions to pack a potent punch in the fight for climate justice. Labor unions were out in force — teachers, nurses, janitors, food workers, and farmworkers — marching for economic justice, green jobs, and more.

Erin Carrera, a registered nurse and member of National Nurses United, said it was “a monumental moment to be here today with all these labor organizations, because labor and environmentalists have not always been on same page—but I think everyone’s coming to realize that there are no jobs on a dead planet.” Organized labor, Carrera said, “needs skin in the game, because it’s the working class that’s going to be most vulnerable … today gives me so much hope that we have turned a corner in people waking up and working together.”

 

 

 

Aboard the People’s Climate Train

As our cross-country People’s Climate Train passed through Azure, Colo., above a stunning crimson and white rock gorge under a deep-blue sky, James Blakely delivered a presentation on the ecological crisis in the Alberta Tar Sands. Blakely, an activist with 350.org in Idaho, described toxic tailing ponds filled with mining refuse, polluted waterways, dust clouds, and buffalo die-offs. Aboard the train, one of two ferrying hundreds from California to New York’s mass mobilization, our group — ranging in age from 19 to 68 — alternated between snapping photos of the awe-inspiring beauty outside, to probing conversations about rescuing our imperiled planet. Through the Amtrak window, California’s drought-withered cornfields stood wilted and barren, skeleton-like. In the Sierras, forest fires blurred the horizon with smoky haze. Late at night in the Nevada desert, huge factories and refineries churned away. Coal trains traversed the land, spewing fossil fuels. There were reminders of beauty, too. At about 5am, my sleepless eyes took in an ethereal pre-dawn scene. Gnarled sandstone rock formations rose near the tracks in Utah like moon faces; followed by a salmon-hued sunrise splashing across mesas tufted with sage and juniper. Liz Lamar, an activist with the Sierra Club and the Climate Reality Project in Oxnard said the cross-country passage made her “even more passionate about going on the march, by passing through such beautiful scenery.” The People’s Climate Train provided an apt backdrop for workshops and conversations about the causes and victims of climate crisis, and the prodigious challenges ahead. Sonny Lawrence Alea, a recent environmental studies graduate from San Francisco State University, said the ride offered “a great reminder of what we’re going to New York for. This land is full of opportunities, and we get to connect with the environment, take in the beauty, and reflect on the history of the land.” (Christopher D. Cook)

Golden Gate unions to strike this week, stall commutes

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The Golden Gate Bridge Labor coalition announced it will strike this week, impacting commutes via bridge or ferries, and perhaps both.

Thirteen unions in the Golden Gate Highway and Transportation District are members of the coalition, whose talks with the district stalled today, representatives told us.

It is still unclear which unions in the coalition will strike, but commutes will definitely be affected, Alex Tonisson, co-chair of the Golden Gate Bridge Labor Coalition said.

“There’ll be an announcement in a day or two,” he told us. As to which unions specifically would strike, “I can’t say exactly who it will be right now, to be honest.”

“None of us wants to be on strike,” said Michelle Shalagin, currently a member of LiUNA!, Local 261 (Laborers) working on landscaping, in a press statement. “But what choice do we have? The District has not moved, and the raises they are offering are completely wiped out by the high cost of the healthcare premiums they are proposing.”

The district and the coalition are deadlocked over healthcare proposals. As we reported last week, the unions maintain that the cost of living in the Bay Area has skyrocketed. Housing prices are up, gas prices are up, everything is up. Though the district’s offer includes a 3 percent wage increase next year, and further increases in subsequent years, the new health care plan would cost 2 percent of workers’ wages, largely nullifying any increases.

The district posted a full response to arguments against their healthcare offer at its blog. The district argues the workers are paid higher than their counterparts in other districts. The unions say the other districts don’t have to contend with local cost of living burdens, warnings which representatives said are largely falling on deaf ears. 

“The last strike was purposefully giving [the district] a warning another strike would happen,” Tonisson said. He was referring to last week’s iron workers strike, which garnered a bit of media attention, but for the most part did not move the needle on their contract negotiations. The two parties are still stalled on healthcare talks, despite the first “warning shot” picket line.

“This was their reaction,” Tonisson said. “The sense I had is they want us to strike.”

The impact of a strike depends on which of the 13 unions participate. Toll taking is now automated on the Golden Gate, but the unions still have options to affect commuters and garner attention. Workers changing the lanes on the bridge could snarl traffic during commutes, Golden Gate Transit drivers could strand bus-goers, and ferry workers could strand folks by the water.

“Imagine the backup on Lombard or Van Ness,” Tonisson said, referring to lane changers on strike. “It wouldn’t shut the bridge down entirely but it would make a mess of things.”

The real mess, though, is the state of the workers’ health care. But who’s willing to bet the public cares more about the snarled traffic than a thriving a middle class?

Below we’ve embedded a flyer from the union coalition, demonstrating its argument about cost of living and health care.



Alerts: Sept 17-23, 2014

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Leather and Feathers: AIDS Emergency Fund’s Annual Gala

Temple Nightclub, 540 Howard, SF. 7pm, $125. For the second year, the San Francisco AIDS Emergency Fund is hosting its annual gala, Leather and Feathers, to raise money for clients. This year, the organization is proud to debut Fantasy Runway, where community members will strut their finest leather, fetish gear, and drag.

FRIDAY 19

 

League of Women Voters’ District 6 Candidate Forum

Golden Gate University, Room 2201, 536 Mission, SF. 6-8pm, free. Incumbent Jane Kim, and challengers Michael Nulty, David Carlos Salaverry, and Jamie Whitaker are invited to take questions from the San Francisco League of Women Voters and audience members regarding the race for the District 6 supervisor position. The forum is free and open to the public, with seating on a first-come, first-serve basis.

 

Dan Choi: Fight for City College

Barry’s Bootcamp, 236 King Street, SF. pro-choi.com. 9:00pm-midnight, $25 pre-sale, $50 at door. Dan Choi, a candidate for the City College Board and a key player in the “Don’t Ask, Don’t tell” repeal movement, will host this event and fundraiser for Fight for City College. That organization is fighting to save the threatened LGBT studies program at City College of San Francisco. Enjoy cocktails and hors d’oeuvres by Skyy Cocktails, as well as musical entertainment, during the event.

SUNDAY 21

 

Transit History Bicycle Tour

Eric Quezada Center for Culture and Politics, 518 Valencia, SF. noon-3pm, $15–$50 suggested donation. Chris Carlsson, of Shaping San Francisco, will lead this bicycle tour of San Francisco’s transit history. He’ll highlight locations linked to San Francisco transit history, such as the Freeway Revolt in Hayes Valley, the creation of The Wiggle, Critical Mass and bicycle activism in San Francisco, the United Railroads Strike, and nostalgic F-line cars. The tour will wrap up at Pier 36 with a look at San Francisco’s first Clipper ships. NorCal People’s Climate Rally Lake Merritt Amphitheater, Lake Merritt Blvd and 12th St., Oakl. peoplesclimatemarch.org. 2-5pm, free. Join activists and community members in a family-friendly settling for a rally in solidarity with the People’s Climate Rally in NYC, which will bring together environmental organizations, trade unions, and social justice groups nationwide for a gathering just before the Sept. 24th UN Climate Summit of world leaders. The Oakland demonstration, in support of the larger movement in NYC, will feature “Climate Fair” with a host of Bay Area environmental organizations that are focused on climate change.

Reform BART’s approach to labor

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By Christina Olague

OPINION If BART is part of your daily commute, you know how critical a reliable system is to Bay Area working people. If you don’t ride BART, all you have to do it think about all the cars that the system keeps off the road every day.

That’s why everyone — most of all the BART unions and their supporters — found last year’s strike so upsetting. And now, a new report commissioned in part by BART Board member James Fang shows how unnecessary it was for management to drive workers to walk off the job.

In fact, the report says, hiring a union-busting outside negotiator was a serious mistake. Allowing that hired gun to pursue an extremist bargaining strategy was a major cause of the labor unrest.

The report, conducted by an outside consultant, involved interviews with dozens of workers, managers, and negotiators. The document is riddled with references to war: Bomb-throwing, Vietnam, a labor “massacre.” It shows how badly the executive management at BART allowed the climate for negotiations to deteriorate — and how hard it will be to repair the damage.

Here’s how one manager put it: “This strike was not productive. We never did a course correction and then there was another strike. Two people got killed. We spent millions to end up getting creamed, and engendering hate.”

The report notes how BART executive management and their notorious chief negotiator refused to take seriously the concerns workers expressed about safety.

“Key points made about safety in bargaining sessions fell on deaf ears…because management thought the unions were just posturing and the unions thought the management was refusing to engage,” it states.

Safety concerns were a central part of the negotiations from the workers’ perspective, and by dismissing those concerns as a tactic, BART’s consultant not only made an agreement more difficult but gambled with the safety of workers and riders in order get concessions from workers.

Fang, head of the BART Board’s Labor Negotiation Review Committee, is asking that the board adopt the report’s recommendations to prevent this from happening again. These recommendations include more transparency around the agency’s finances, a much earlier start to negotiations — and if needed, bringing in mediators, not outside anti-union consultants.

Once the rest of our elected BART Board of Directors became more involved, management found a reasonable solution that both sides could live with. Why didn’t that happen at the beginning of negotiations?

That’s what the BART Board needs to be asking itself. A fair post-mortem puts much of the blame on management — a general manager who had little experience in labor negotiations and a board that failed to show leadership and independence.

Fang, who is the one board member who joined workers on the picket lines, says it’s time for management to change its approach. He’s calling for a strike-prevention plan that starts with honest, fair labor relations.

We’ve heard from some politicians looking to score easy points from frustrated riders that BART strikes ought to be banned. And it’s easy to imagine frustrated commuters, stuck far from work when the trains weren’t running, feeling sympathetic.

But if workers don’t have the right to strike, they are powerless to speak out against dangerous working conditions to a recalcitrant and, in this case, misdirected management. That leads to a more dangerous system for all of us.

Recognizing this, BART Board President Joel Keller just withdrew his suggestion that strikes be banned.

The much better approach for riders like me is to follow Fang’s prevention plan: Hold management accountable for its failures and to make sure that both sides can work together better in the future.

BART is a phenomenally successful system. Ridership has doubled in recent years, to 440,000 trips a day. With trained and experienced BART workers, the system’s on-time performance has risen to 95 percent. That’s not the result of some high-paid labor negotiator — it’s the work of a dedicated and hard-working staff.

If you ride BART every day, you deserve to know that the trains will be running, that you can count on the system to get you to work on time. Between now and 2017, when the next contract will be negotiated, the BART Board needs to learn from its past mistakes and find a different, more collaborative approach. Christina Olague is a community activist and former member of the San Francisco Board of Supervisors.

Deadly gamble

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joe@sfbg.com

As BART management and unions were locked in dysfunctional contract negotiations that would result in two strikes and two deaths last year, the district and the media scoffed at workers safety concerns and waged a media campaign demonizing the unions. Now, a new report commissioned by the district calls that strategy a horrible mistake.

The report from independent investigators Agreement Dynamics Inc., “Bay Area Rapid Transit Collective Bargaining Report and Recommendations,” reveals BART management perceived the Bay Area as anti-union. This guided its decision to hire Tom Hock as a contract negotiator and adopt a union-bashing public relations strategy that was then amplified by most local mainstream media outlets.

“In interviews, Tom Hock said he believed the strike would be very short and the unions would have to come back and reach an agreement,” the report, which was based on more than 200 hours of interviews of 60 BART employees, managers, and contractors, found. “He said media reports also heavily favored the management perspective.”

The San Francisco Chronicle and the San Jose Mercury News attacked BART’s workers in their news and editorial pages, stoking the flames of anger. “As to union claims that this is all about safety — how stupid do they think the public is?” the Merc opined in a July 2013 editorial. The Chronicle struck a similar tone in its Oct. 18 editorial, blaming workers and writing “the walkout is the height of irresponsibility.”

The unions warned management not to run the trains during the second strike, but those safety warnings went unheeded. A contract deal was reached only after two men working on the tracks during the strike, Laurence Daniels and Christopher Sheppard, were accidentally run down during what was later revealed as a replacement driver training exercise — warnings be damned.

“Some in management believed they had a good media strategy that put the public on their side,” the report found. Therefore, “the public was angry with the unions for demanding too much in their contracts.”

BART approved a contract from big-time public relations firm Singer Associates in April last year. Sam Singer and his firm are well-known for pulling the strings of local journalists and using scorched-earth tactics. As a result, articles highlighted riders woes and selected employee salaries while discounting safety and other concerns raised by workers.

But BART management and its board had longstanding CAL-OSHA violations, some of which were the subject of labor negotiations leading up to the strike. Notably, BART’s now-defunct “simple approval” policy, by which workers verbally notified management they would be working on the tracks, was one that both workers and state regulators long urged the district to change. The two deaths were linked to that controversial practice, which BART has since ended (see “Tragedy follows strike,” 10/23/13).

State regulators have fined BART for that fatal misjudgment and a final report from the National Transportation Safety Board is expected in the coming months. Only The Nation, East Bay Express, and Bay Guardian covered BART safety concerns with any depth or gravity before the two workers’ deaths. It’s hard to tell who led the dance — did the mainstream media embolden management, or did management lead on the media? Either way, safety was not a priority for BART managers during negotiations.

“Key points made about safety in bargaining sessions, as reported to us, fell on deaf ears,” the report’s authors noted. “Management thought the unions were just posturing, and the unions thought management was refusing to engage.”

The unions, the report found, “voiced frustration that they have raised these issues repeatedly, and management was not responsive…The ‘simple approval’ policy was seen as indicative of management’s unwillingness to deal with safety concerns until two workers were killed during the second strike in 2013.”

BART’s next contract negotiation is set for 2017. The transit agency has much work to do to repair its lingering culture of distrust, but so-called unbiased media need to cop to their anti-union slants. It took two deaths to show how relevant safety concerns really were.

Golden Gate Bridge strikes won’t effect commuters…yet

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Golden Gate Bridge iron workers are on strike today [Tues/16], protesting retiree healthcare issues their union says were not addressed in 2012. Commuters will not be affected during the strike, however. Machinists Local 1414 made that choice consciously, its representative told us. 

The machinists purposefully made a decision to not impact services,” said Alex Tonisson, co-chair of the Golden Gate Bridge Labor Coalition. The coalition is comprised of the 13 various unions that work on the Golden Gate Bridge, all of whom negotiate with the district together. “We want the public to understand how serious things have gotten.” 

The strike started early this morning and is scheduled to end at 3:30pm. Though the strike is not directly related to current labor negotiations for health care with the district, at this point those negotiations could best be described as… rocky.

The sticking points are health care and living wages. The Golden Gate Bridge District, with a board with nine San Francisco representatives and members spanning the Bay Area, said the increases in health care costs are still competitive in the Bay Area.

The District has sought modest increases to the amount that Coalition employees have been contributing to their health benefits,” the Golden Gate Bridge District said, in a press statement. “District employees enjoy world class health benefits.”

But the unions noted that the cost of living in the Bay Area has skyrocketed. Housing prices are up, gas prices are up, everything is up. Though the district’s offer includes a 3 percent wage increase next year, and further increases in subsequent years, the new health care plan would cost 2 percent of workers’ wages, largely nullifying any increases. And the workers gave up much ground during the worst of the Great Recession.

We bargained significant concessions and changes,” in previous years, Tonisson told us. 

Strikes from the Golden Gate Bridge’s ferry workers could potentially impact thousands of Bay Area commuters. The labor coalition seemingly took lessons to heart from last year’s BART strike, when the public’s support of strikers waned in the face of nearly impossible commutes.

Tonisson didn’t directly comment on the BART strikes, but said “we’re definitely aware how any strike that shuts down the bridge or ferries impacts the lives of residents.”

To keep the commuting public aware of an impending strike, the coalition took out radio and newspaper ads, and passed out leaflets on ferry commutes. 

We’re hoping we don’t have to take further action,” Tonisson said. “We want them to understand it’s a possibility. The public should take that seriously.” 

Bombshell BART report slams hiring of union-busting negotiator Tom Hock

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Independent investigators analyzing BART’s recent turmultuous, rollercoaster-ride labor negotiations issued their report yesterday, concluding that last year’s pair of damaging strikes could and should been avoided. The opinions that the analysts collected from the unions, management, and BART’s Board of Directors covered a wide spectrum, but there were a couple of common themes. 

First, the strikes and the death of two BART workers who were killed on the tracks when BART management ran scab-run trains while the workers were on strike, were devastating to the district and its personnel.

“We just walked out of a war,” one anonymous BART employee (or manager) told the report authors. Other anonymous quotes follow a similar theme: “It was like Vietnam… Labor massacare… The bloodiest strike ever… He was our hired gun… They threw bombs.” 

The second thing everyone agreed on, from management to the unions, was that hiring union-buster labor consultant Tom Hock as a negotiator was a bad idea

I think a lot of the stakeholders involved and unions have identified that Tom Hock was the problem,” Tom Radulovich, a BART board director, told the Guardian. “This (report) validates my concerns. They talked to everybody.”

Agreement Dynamics Inc., who conducted the investigation on behalf of the BART board, did in-depth interviews with a multitude of BART union representatives, employees, managers, and labor negotiators. Through the report, Agreement Dynamics found a culture of distrust between labor and management that they described as entrenched and multi-generational. On top of that already potent powder-keg, Hock was hired as a negotiator. Seven board directors cast “aye” votes to hire Hock, including Radulovich. Directors Fang and Murray were absent from the room at the time of the vote.

According to the report, Hock came in with guns blazing. Mixing that attitude with what the report describes as BART General Manager Grace Crunican’s lack of experience in labor negotiations, and there was a perfect recipe for conflict. 

“When Tom Hock took over as chief negotiator, Grace had become hard line,” one source told Agreement Dynamics. “There wasn’t enough trust built… Tom Hock thought a strike was inevitable. I don’t know how we thought we could win. We did not even have the whole board supporting this.”

But despite the lack of groundswell support, Hock perpetuated a strategy to push the unions to strike, according to the source. 

“Tom pushed it to strike because Grace would not budge financially,” the source said. “So Tom said to Grace, ‘You will have to strike with your position.’ Management thought we could win the PR battle and the unions would cave. But the unions had politicians. The press can turn on a dime. They did and our strategy backfired.”

Two managers told Agreement Dynamics that lack of planning exacerbated this problem.

“We did not have a Plan B to prevent a strike,” one manager told the investigators. Another told them, “This strike was not productive. We never did a course correction and then there was another strike. Two people got killed. We spent millions to end up getting creamed, and engendering hate.”

In interviews with the investigators, Hock told them he believed the strike would be very short and the unions would “have to come back and reach an agreement” before management would have to give in. He based this on the Bay Area’s sentiment against the unions, the report wrote. He told investigators that media reports also heavily favored management’s perspective. (The report also outlines how management believed their ‘good strategy’ helped sway big media, like the San Francisco Chronicle, to take their side. Good job, guys.)

The negotiators were told by Hock that a number of factors led to the strike, as he tried to deflect blame. But the report’s analysis said “the conditions cited by Tom Hock (elected board, politically strong unions, ineperience in labor negotiations) have existed in prior negotiations when no strike resulted.” 

So Hock pushed the unions to strike, the same strike that led to two workers’ deaths, the report seemingly implies. But that was not his only misstep, according to the report. He also didn’t read the contract he signed off on.

After labor negotiations concluded, BART management brought celebrations to a screeching halt. For those that remember, a provision on family medical leave, section 4.8 of the labor contract, was disputed by BART management. They said they never signed that provision, which could cost BART upwards of $40 million in sick leave, if approved. 

BART management said it signed the provision due to a “clerical error,” which BART board director Zachary Mallet confirmed to the San Jose Mercury News. “The cause of this incident has been confirmed as a miscommunication-based clerical error during the write-up of a tentative agreement,” Mallet told the Merc. 

But Hock and district negotiators Paul Oversier and Rudy Medina all told Agreement Dynamics that they signed it without reading it. “If Tom Hock had read it before he signed it, 4.8 would not have happened,” one BART staff member told the investigators. 

But as much as Hock comes under fire in this report, the report also found that he came at a time of deep division between labor and management. The report shows a way out for that: leadership from the BART Board of Directors. Radulovich told the Guardian he agrees. The board must take the reins in righting the historic bad blood between all sides at BART. 

A lot of it is the culture of your organization,” he said. “When I was a baby BART director, [employees and management] were complaining about things that happened back in 1979. You do feel like you’re walking in on a fight going on long before you got there, and going on long after you leave.”

“That antagonism has been there from the beginning,” he told us. “The question I ask myself is: how can I change that?”

Tomorrow morning at a press conference at 9am, some of the BART board will present the report and talk about its findings. Maybe we’ll find those answers then. 

SOS: A bill to protect oil refineries also threatens public access rights

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Gov. Brown. Veto SB 1300

This bill would establish a stealth template for how to gut the California Public Records Act one economic and political sector at a time. 

By Bruce B. Brugmann (with a First Amendment Coalition emergency message and a button for readers to request a Gov. Brown veto) 

Possibly the bill most damaging to the public interest in years is sitting on Gov. Jerry Brown’s desk for signature. It is SB 1300, which amounts to an oil refinery protection bill proposed by Sen. Loni Hancock (D-Berkeley) and Assemblyperson Nancy Skinner (D-Berkeley), two legislators living in the shadow of the East Bay oil refineries who ought to know better. It was supported by oil companies, organized labor, and the California’s Division of Occupational Safety and Health (DOSH)  and was passed by the Assembly on a 68-5 vote and by the Senate on a 34-0 vote. No debate, no discussion, no questions asked. 

The gist of the damage is that SB 1300 was amended at the last minute to force a CPRA requester to pay fees if a court rules against disclosure. As the California Newspaper Publishers Association explained in its current legislative bulletin, SB 1300 “would expand the definition of what constitutes a trade secret and erect an insurmountable barrier to any effort by a member of the public to obtain information about DOSH’s performance in its role as a consumer watchdog over a refiner’s conduct.”

Peter Scheer, executive director of the First Amendment Coalition (FAC), warned in a special message that “it’s safe to say that no one will ever file a CPRA request for refinery information once it becomes known that a mere request may thrust the requester involuntarily into a costly battle against oil companies.” But just to be sure no one even contemplates filing a CPRA request, Scheer noted that the last minute amendments to the legislation also provide that the requester will have to pay his/her own fees as well as the fees of the oil company’s lawyers if he/she loses the suit. 

CNPA General Counsel Jim Ewert and Staff Attorney Scott Merrill worked furiously to try to  negotiate with Hancock’s staff and DOSH representatives to eliminate the toxic effect on CPRA requesters. But all CNPA amendments were rejected before the bill was taken up by both houses. Hancock told the CNPA advocates repeatedly that she would rather have the information in DOSH’s hands even if that meant that the public wouldn’t have access to it. 

Scheer wrote that “some may say that these changes to existing law, while terrible, are not such a big deal since they only curtail access to information about refineries. (This is presumably the view of organized labor, which cynically backs SB 1300 after getting a special carveout for refineries’ employment and financial data that unions want.)

“Try telling that to the families who live downwind of refineries.  But more than that, SB 1300 establishes a template for how to gut the CPRA one economic and political sector at a time. First, it’s information about oil companies; next it will be information about schools or about law enforcement or about water supplies. SB 1300 creates a dangerous precedent for other industries and special interets to follow.

“Don’t let that happen. Tell Governor Brown to veto SB 1300.”  

Below is the full text of Scheer’s message on the FAC website with a response button to email, fax, or phone requesting Gov. Brown to veto SB 1300.  CNPA is emailing Scheer’s message to its member papers in its Sept.12 Legislative Bulletin, several are preparing stories and editorials, and public access activists are mobilizing opposition across the state. Brown was expected to sign the bill, until CNPA and FAC blew the bugles and started blasting away.

 Meanwhile, ask Hancock and Skinner and DOSH how they came up with this abomination and ask your local senators and assemblypersons why they voted for it without gulping. You can start with the San Francisco delegation, all of whom voted for the bill (Assemblymen Ammiano and Ting and Sen. Leno). On guard, b3

Gov Brown, Veto SB 1300. Ostensibly about oil refineries, SB 1300 threatens public access rights.

P.S. CNPA laid out this Kafkaesque scenario for people who have the gall to request information on emissions from a nearby oil refinery fire: 

 “ A mother and her family driven from her home by the emissions from a fire at a nearby refinery submits a CPRA request to DOSH for information that she believes is disclosable about the next turnaround at the refinery to determine how safe the refinery is. Because her request could include trade secret information as now defined, DOSH notifies the refinery that a request for the refiner’s information has been received.

“The refinery files an action against DOSH for injunctive relief to prevent the disclosure of the information and, since the bill requires the refiner to name the requester as a real party in interest, the requester is named as a party in the lawsuit filed by the refinery.The requester, who may or may not have been willing to go to court to enforce her rights under the CPRA, now finds that she is an unwilling party in a lawsuit.

” If she decides to participate in the action to pursue the information she believes she has a right to obtain she will have to pay her own expenses for a lawyer and the costs associated with the action. If she decides not to pursue her rights she risks that a default judgment could nonetheless be entered against her.

 “If the court denies her request, or a default judgment is entered against her, the court would be required to order her to pay the refinery’s attorney’s fees and costs.

 “SB 1300 was also amended to provide ‘the public agency shall not bear the court costs for any party named in litigation filed pursuant to this section.'”  Incredible. Simply incredible.  b3

For the  CNPA letter asking Gov.Brown to veto the bill, click the link below

https://docs.google.com/file/d/0B8sxRIlFa7G4Ql8xRExkT095cU1tbzdOeHRNLTZaRDIwUkMw/edit

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian. He was the editor and he and his wife Jean Dibble co-founded and co-published the Guardian, 1966-2012.) 

 

 

 

 

 

 


 

Voters still in the dark on campaign funding

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A legislative attempt to shed light on major funders of political campaign ads died in Sacramento last week, and the politics surrounding its demise reflect a split between groups who are normally allies on the left.

The California DISCLOSE Act — which stands for “Democracy is Strengthened by Casting Light on Spending in Elections” – needed a two-thirds vote to pass both houses of the California Legislature, but ended up being withdrawn without ever being brought to a vote.

The bill would have required the three largest funders of television and print ads, as well as the two largest funders of radio ads and robocalls, to be clearly identified in ballot measure ads. It sought to close a loophole allowing funders to disguise themselves behind ambiguous committee names.

Trent Lange, president of the California Clean Money Campaign, said it would have prevented similar scenarios to what happened with Proposition 32 in 2012. In that case, voters remained in the dark on who the true funders were when an Arizona nonprofit calling itself “Americans for Responsible Leadership” funneled $11 million into a committee supporting the ballot measure, which would have restricted unions’ ability to raise campaign funding.  In reality, the money could be traced back to the notorious right-wing Koch Brothers but this was never evident in print, radio, or television ads.

Support for the CA DISCLOSE among Californians was substantial – 78,000 people signed petitions urging the Legislature to pass it, according to the California Clean Money Campaign, and 400 organizations statewide backed it. A poll conducted by the Public Policy Institute of California in March of 2013 reflected 84 percent voter support for increasing disclosure on ballot measures.

Nevertheless, it lacked momentum to even be brought to a vote in Sacramento. Support for approval in the Legislature was reportedly building until opponents lobbied against it. Said opponents were strange bedfellows indeed, consisting of the Howard Jarvis Taxpayers’ Association, a right-wing organization that opposes all taxes on Californians, and a trio of powerful forces in labor, including SEIU California, the California Teachers Association, and the California Labor Federation.

“Organized labor significantly and very strongly opposed it and worked to kill it,” Lange said. “Their opposition said they were opposed to technical details of the bill [and requirements for] finding the original funders – they opposed giving the FPPC that much power. It’s not clear that’s the real answer.”

A call to SEIU to ask why it lobbied against the DISCLOSE Act was not returned by press time.

Sen. Mark Leno, who co-authored the DISCLOSE Act, along with Sen. Jerry Hill and Assembly Speaker Toni G. Atkins, vowed to continue the fight next year.

“I am disappointed we weren’t able to send this legislation to the governor this year, but in this process, an even stronger coalition has emerged to keep the issue and movement alive,” Leno said in a press release. “I look forward to working with Speaker Atkins, Senator Hill and the California Clean Money Campaign as we redouble our commitment to finding common ground that will ultimately prove successful for this cause, which is so fundamental to our democracy.”

Did Big Soda swing a key endorsement by a progressive democratic club?

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Did the soda industry buy a prominent progressive political endorsement? Sunday’s San Francisco Chronicle raised the question in a story by Heather Knight, who goes on to air a number of rumors propagated by the soda tax supporters against the Harvey Milk LGBT Democratic Club.

First things first: the sugary beverage tax already has a lot of progressive support. Unions, health groups, and loads of other San Franciscans have backed the two cents per ounce tax on sugary beverages, Proposition E, which is slated to appear on this November’s ballot. The endorsement of “No on E” by the Milk Club is certainly a bit out of left field, and rightfully raised eyebrows in political circles.

That’s the argument Knight uses in her Sunday article, using a few quotes from the soda tax’s paid public relations’ people to take a big swing at Sup. David Campos, alleging this is a big ole scheme he’s orchestrated in order to get Coca Cola’s money to fund the Milk Club’s slate card, which would also feature Campos, giving him a boost in his Assembly race against Sup. David Chiu.

It’s a seemingly convincing scenario, and we’re not soothsayers. Maybe it’s true. But there are a number of reasons to not believe the hype.

First, we at the Guardian heard those same rumors and whispers too, but that wasn’t all we heard. One politico told us the beverage industry might be funding the Milk Club with $300,000 in campaign funds for their November ballot fliers. Our reaction was “um, what?!”

That’s more money than techie-billionaire Ron Conway spent backing Mayor Ed Lee’s major pet projects on the June ballot. Hell, it’s more money than some candidates raise in their entire races. That should’ve been the first red flag for the “soda milking the Milk Club” theory, but it wasn’t the last.

Second, though the club did accept money from the American Beverage Association, it wasn’t anywhere within spitting distance of $300,000. Tom Temprano, co-president of the Milk Club, told us they accepted $5,000 from the beverage industry to put on their annual gala. For context, SEIU Local 1021 donated $4,000 to the dinner. This is all data that would come out publicly in a few months through ethics filings anyhow, but long after the rumor of big beverage industry money would’ve caused its damage.

“All you get for sponsoring our dinner is a mention in the program and a plug on the stage,” Temprano told us. “If the [beverage industry] paid us anywhere near what the rumors are, I would’ve flown out Elton John to serenade [Assemblymember] Tom Ammiano in person.”

Though the $5,000 is not chump change to the Milk Club, its leadership doesn’t make endorsement decisions, which are enacted by a vote of the club’s members. In a heated exchange last week, Milk Club political wonks batted soda tax points back and forth like a beach ball. There was hardly a consensus on the matter.

“They didn’t vote the way I wanted but the process was very democratic,” Sup. Eric Mar told us. Mar was one of the authors of the soda tax, and even he doesn’t believe the Milk Club’s palms were greased by big soda’s big money.

“I feel that there are rumors being spread to undercut the integrity of the Harvey Milk Club, the strongest progressive voice and political leadership in the city right now,” he said. “I stand behind them even though they voted no on [the soda tax].”

Laura Thomas, co-president of the Milk Club, told us she is actually in favor of the soda tax. It’s easy to see why. As Deputy State Director of the Drug Policy Alliance, she has day-to-day experience with public health, and she sees the far reaching affect of soda’s loads of sugar on San Francisco’s kids.

“I do support [the tax], and I’ve spoken passionately for it in our meetings,” Thomas told the Guardian. “I’d say it’s something we’re passionate on all sides about.”

The last stickler in the money-influence theory is a bit trickier. Many we talked to traced some of these rumors back to Chiu’s campaign spokesperson, Nicole Derse. When we spoke to her, she pounced on the subject like a hyena on carrion.

“The Harvey Milk Club has sold out to the soda industry,” she told us. “What would Harvey Milk think of this gross display of hypocrisy? David Campos needs to answer some serious questions on his position on the soda tax and his campaign.”

Notice how she shifted the Milk Club assertion, which we asked her about, straight into a Campos critique. She’s affable, she’s smart, but in that moment, Derse also sounded gleeful.

We then asked Derse if the rumor about the Milk Club and Campos came from her.

“I am not the person that started this rumor. But do you really think it’s a coincidence David Campos is broke and needs a vehicle to fund his campaign? I think it speaks for itself, if it happens,” she said. “If the Milk Club does not take hundreds of thousands of dollars from the American Beverage Association, I will happily be wrong.”

Actually, when it comes to spreading rumors through news outlets, being right or wrong doesn’t really matter. All you need to do is raise the question of impropriety, proof or no. It’s grandma’s classic recipe for a good political smear, as old as the hills, and very, very easy to do.

Update [8/26]: This story stirred up quite a bit of controversy, and folks called, emailed, Facebooked and Tweeted at us with one point: sure the Milk Club didn’t take all that much money from the American Beverage Association for the gala, but what about the future? Would they take a large sum from the ABA? Tom Temprano answered: “I find that completely unlikely. I’m going to say that’s not a situation we’re going to be in. But I haven’t had a conversation with anyone with anybody about money yet. Our entire board and PAC chair make decisions on fundraising.”

So there you are. If a donation in the tens of thousands of dollars should land on the Milk Club’s doorstep, Temprano is now on the record.

Who will run Gleneagles Golf Course? If it’s not the city, who cares?

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As we watch today’s Recreation and Park Commission meeting on extending political insider Tom Hsieh’s no-bid contract to run the once-public Gleneagles Golf Course — which is being contested by a rival group headed by venture capitalist Brian Smith and notorious landlord attorney Andrew Zacks — we can only hope that both sides lose and the public interest somehow reemerges from this muck and mire.

Particularly disgusting is how poor children of color are being used as bargaining chips in this clash of political and economic elites, as public speaker after speaker (mostly from groups with ties to the Mayor’s Office, where Hsieh has long and deep political ties that allowed him to take over this public space nine years ago without a competitive bidding process) tries to make this decision about teaching poor kids from nearly Sunnydale housing project how to golf.

Yes, that’s what these kids really need, to learn how to play one of the most expensive and elitist sports out there, because with a little support from the First Tee program, they can all become the next Tiger Woods, right? Oh, and of course, given that the Mayor’s Office is in on this strange scheme, it’s also about jobs, jobs, jobs, with the building trades unions also supporting Hsieh and his buddies in the Mayor’s Office.

By all accounts, even CW Nevius’ column in today’s Chronicle and earlier coverage by that paper, Gleneagles is in bad physical shape and has been poorly maintained by Hsieh. Nonetheless, Hsieh blamed rising water rates related to the drought for his problem, last month threatening to close the course unless he got a more lucrative deal with run the course, triggering Smith’s bid for the course and his accusations that Hsieh and his buddies in the Mayor’s Office are pulling a fast one.

“This is a city resource and it is apparently being mismanaged,” Smith told the commission this morning, noting that he only wants to help bring golf to the masses (his side echoes Hsieh’s ruse about “the children” as part of its sales pitch) because “nobody gets into a water-dependent business during a drought, I can tell you that.”

That raises a good question: Why are we devoting city resources to such a water-dependent use of public space during a drought, in an era of global warming when droughts will only become more frequent? But the broader question is this: Why don’t we just return Gleneagles to the city and let it be managed as part of the large McLaren Park that it’s a part of?

Members of the McLaren Park Collaborative spoke at the hearing, urging the commission not to view Gleneagles separately from McLaren, even as they voiced support for Hsieh and thanked him for his fundraising support of their citizen-based group. That’s Hsieh’s main forte, raising money from the rich, which he has done on behalf of the last three mayoral adminitrations and other political schemes by downtown interests and the city’s various political power brokers.

This whole issue stinks, and it’s hard to even care what’s now being said as the commission heads into a closed session discussion of what to do with Gleneagles, particularly given there’s almost no chance that this mayoral appointed commission of political climbers will vote to reclaim this public space for the broad public interest. 

UPDATE: The commission voted unanimously to extend Hsieh’s lease of Gleneagles for another nine years, a decision that must be confirmed by the Board of Supervisors next month. 

Alerts: July 23 – 29, 2014

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THURSDAY 24

 

Save Our Unions: Dispatches from a Movement in Distress

First Unitarian Universalist Society of San Francisco, 1187 Franklin, SF. steveearly.org/book. 7-9pm, free. Drawing on his 40 years of experience as a labor reporter, Steve Early has compiled his personal experiences into a new book, Save Our Unions: Dispatches from a Movement in Distress. He’ll speak at the Unitarian Universalist Society, exploring the question of what strategies labor can and should employ in 2014.

 

 

Community forum with SF Poet Laureate Alejandro Murguía

Modern Times Bookstore Collective, 2919 24th,SF. moderntimesboostore.com. 7-9pm, free. Alejandro Murguía, longtime literary activist and San Francisco’s sixth Poet Laureate, has dedicated 40 years to writing about the Mission District. His nonfiction book, Medicine for Memory, chronicles the 1970s Nicaraguan Solidarity movement. In addition to his literary accolades—three other novels, numerous poetry collections, and two American Book Awards—he founded the Mission Cultural Center and the Roque Dalton Cultural Brigade. In other words, nobody is better qualified to head a panel of authors and activists confronting resident displacement in San Francisco’s most culturally vibrant areas. He will be joined by Representatives from San Francisco Community Land Trust (SFCLT) and Californian’s for Community Empowerment (ACCE).

 

SUNDAY 27

 

Seventh annual Laborfest Bookfair

Mission Cultural Center for Latino Arts, 2868 Mission, SF. laborfest.net. 10:30am-9pm, free. Spend the day soaking up the knowledge and wisdom shared by authors and labor leaders, and participate in discussion about workers’ rights. Speakers include Al Rojas, a founder of the United Farmworkers who grew up as an agricultural worker in California; Seth Holmes, author of Fresh Fruit, Broken Bodies, who conducted five years of research in the fields following migrant workers from Oaxaca to their agricultural jobs in the U.S.; and Professor Bu-Wei, of the Beijing Institute For Journalism and Communication with the Chinese Academy of Social Sciences, who studies migrant workers in China.

Guardian Intelligence: July 2 – 8, 2014

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GUARDIAN ON THE MOVE

There were a couple of big changes for the Bay Guardian this week. We and our sister newspapers within San Francisco Media Company — San Francisco Examiner and SF Weekly — moved into the Westfield Mall. Yes, the mall, but in the fifth floor business offices formerly occupied by the San Francisco State University School of Business extension program. The company, owned by Black Press in Canada and Oahu Publications in Hawaii, also named Glenn Zuehls as the new publisher and Cliff Chandler, who worked for the Examiner for years, as the senior vice president of advertising. Zuehls, who comes from Oahu Publications, replaces Todd Vogt as the head of SFMC. Zuehls and Chandler told the staff of all three papers that their primary goal is to grow the company’s revenues.

QUEER SPIRIT ROILS PRIDE

Even as an awareness of the ever-growing commercialization of SF Pride dawned on younger participants, a spirit of activism also took flight. Community grand marshal Tommi Avicolli Mecca led a fiery parade contingent (above) of housing activists in Sunday’s parade, protesting skyrocketing evictions in San Francisco. The anti-eviction brigade staged a die-in in front of the official parade observation area. Friday’s Trans March was the biggest so far, and Saturday’s Dyke March featured a huge contingent marching under the banner “Dykes Against Landlords.” Meanwhile, hundreds of protestors targeted a Kink.com prison-themed party, saying it glorified a prison-industrial complex, which “destroys the lives of millions of people.” Seven of the protestors were arrested, and charges of police brutality are being investigated.

LESBIANS BASHED AT PRIDE

While there were some disturbing anecdotal reports of homophobic slurs and queer bashing at Pride this year (including one of a Sister of Perpetual Indulgence and her husband being attacked at Pink Saturday), San Francisco Police Department spokesperson Albie Esparza said police are only investigating one incident so far as an actual hate crime. It occurred on June 28 around 5:30pm near the intersection of Mission and Ninth streets when two young lesbians were subjected to homophobic taunts and then severely beaten by five young male suspects, all of whom remain at large. They’re described at 16 to 20 years old, two black, three Hispanic. Esparza said hate crimes are defined as attacks based solely on being a protected classes, so that doesn’t include robbery or assaults in which racism or homophobic slurs are used, if that doesn’t seem to be the motivation for the attacks.

LIFE’S A STAGE

Hark! It must be summer, because all the companies dedicated to outdoor theater are opening new productions in parks across the Bay Area. Aside from the San Francisco Mime Troupe’s Ripple Effect (see feature in this issue; www.sfmt.org), Marin Shakespeare is presenting As You Like It in San Rafael (pictured), with Romeo and Juliet opening later in July (www.marinshakespeare.org); Free Shakespeare in the Park brings The Taming of the Shrew to Pleasanton and beyond (www.sfshakes.org); and Actors Ensemble of Berkeley goes stone-cold Austen with Pride and Prejudice in John Hinkel Park (www.aeofberkeley). AS YOU LIKE IT PHOTO BY STEVEN UNDERWOOD

TEN YEAR GRIND

Kids and pro skaters from One Love boards tore up “the island” — between the Ferry Building and the Embarcadero — with flips, kick tricks and plants June 29, celebrating the tenth anniversary of the much loved skate spot. Local Hunters Point pro skater Larry Redmon sat watching the new generation of skaters and offering pointers. Sure downtown has more grind blockers then it did a decade ago, but as Redmon says, “We out here.” PHOTO BY PAUL INGRAM

THE WILLIE CONNECTION

Muni’s workers and the SFMTA reached a final labor deal over the final weekend of June, but Mayor Ed Lee is telling news outlets the real dealmaker was former mayor Willie Brown. “He’s someone who understands the city, understands labor, the underlying interests,” SFMTA Director Ed Reiskin told various news outlets. Reports say Brown went unpaid by the city for the deed. That’s hard to believe: Anyone who knows Slick Willie knows he seldom does anything for free.

WAXING NOSTALGIC

The new Madame Tussauds wax museum attraction opened June 26 at Fisherman’s wharf — and includes SF-specific figure replicas like Mark Zuckerberg, Harvey Milk, and, of course, our real mayor, Nicolas Cage (pictured). See the Pixel Vision blog at SFBG.com for more creepy-ish pics and a review.

SHARON SELLS OUT (THE INDEPENDENT)

Despite her catalog full of confessional songs about nasty breakups and other dark subject matter, Sharon Van Etten was all smiles during two sold-out shows at the Independent June 29 and June 30. Leaning heavily on songs from her new album, Are We There, Van Etten and her four-piece band even led the adoring crowd in a cheerful sing-along at one point. On her next pass through town, we expect to be seeing her on a much bigger stage.

UNION PROUD

If BBQ and black-market fireworks aren’t your idea of showing civic pride, make your way over to the Mission’s Redstone Building (2940 16th St. at Capp) for a street fair Sat/5 with local musicians, poets, visual artists, and more, to mark the 100th anniversary of the SF Labor Temple and call attention to current labor issues like the fight for a $15 minimum wage. Built by the city’s Labor Council in 1914, the building formerly housed SF’s biggest labor unions and was the planning center for the famous 1934 General Strike. This celebration is part of Labor Fest, now in its 20th year, which runs throughout July around the Bay Area — for more: www.laborfest.net

 

It’s a trap

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joe@sfbg.com

As City College of San Francisco struggles to loosen the noose around its neck, this week its accreditors are slated to offer the college a new way out. But some skeptics are sounding the alarm: it’s a trap.

The Accrediting Commission of Community and Junior Colleges is scheduled to vote on and announce a newly revised version of its “restoration policy,” which some journalists have called City College’s salvation.

Huge CCSF Win: College Won’t Close,” one San Francisco Chronicle headline read. Bay Area TV stations and others echoed the jubilant headline, saying City College was saved. Chancellor Art Tyler told the Chronicle he would “absolutely” apply for restoration status. But many are calling the restoration policy a poor choice for the college’s future.

“Rumors of City College being saved are premature,” Alisa Messer, political director for the American Federation of Teachers Local 2121, told us.

The college’s faculty union isn’t the only one worried. A report released this month by the California State Auditor shows ACCJC has operated against its own bylaws and without full transparency in threatening CCSF’s accreditation.

“To allow community colleges flexibility in choosing an accreditor,” the state auditor’s report wrote, “the chancellor’s office should remove language from its regulations naming the commission as the sole accreditor of California community colleges while maintaining the requirement that community colleges be accredited.”

In the staid and stuffy bureaucratic language, the auditor essentially wrote the accreditor group was so dysfunctional it should be closed. The 75-plus page report scathingly tears down ACCJC staff, board selection, decisions, and policies. There are few areas in which they did not find fault.

“The report draws conclusions about accreditation without the necessary context and facts related to institutional evaluations,” ACCJC President Barbara Beno told the Guardian via email. “ACCJC is reviewed and approved by the United States Department of Education and its recognition was renewed in January 2014. That is the appropriate body to review the ACCJC’s practices.”

The DOE found many faults with the accreditors as well, but the scope of its review was limited to complaints made by the unions. The auditor viewed the accreditors in a fuller context, alleging the ACCJC decided to terminate CCSF’s accreditation “after allowing only one year to come into compliance,” while simultaneously allowing 15 other colleges two years and another six institutions to up to five years to reach compliance.

Such accusations of bias are also alleged in City Attorney Dennis Herrera’s lawsuit against ACCJC, charging CCSF was targeted with harsher penalties due to its political views.

Meanwhile, a closer look at restoration status shows it’s less like a lifeline and more like a tightrope suspended over flames.

The policy would give CCSF two years to come into compliance with all of the so-called “defects” ACCJC identified. If the college addresses these issues in two years, the commission would rescind the notice to terminate the college’s accreditation.

But buried in the legalese is a frightening clause noting that if CCSF isn’t found to comply with everything, “the termination implementation will be reactivated and the effective date will be immediate,” with “no further right to request a review or appeal in this matter.”

Beno said she heard the college community’s concerns around these clauses, during a two-week public comment period regarding the proposed policy that ended June 25.

“The Commission received a good deal of feedback,” she wrote, saying a revised “final version” of the restoration policy has been sent to the commissioners, who will vote remotely over the next week. “If it is approved, the ACCJC will post the final policy on its web page, the policy will be effective immediately.”

But the auditor found Beno hasn’t followed existing bylaws. This has long been an open secret in the community college world that’s referenced to in a 2010 public letter from the former California Community College Chancellor Jack Scott to the Department of Education. His immediate successor, Brice Harris (who also served on the ACCJC as a commissioner for seven years), did not heed this knowledge. He trusted Beno.

He met her for coffee, he talked to her on the phone. These interactions led him to believe replacing the college’s leadership would appease Beno, he said in his declaration (under penalty of perjury) in Herrera’s lawsuit against the ACCJC.

So on July 3, 2013, Harris released a video announcing he stripped the college’s elected Board of Trustees of all of its powers and promoted Special Trustee Bob Agrella to take its place. The college community was in an uproar, but Harris maintained publicly it was the right thing to do.

Privately, he received an email from Beno. “Dear Brice, Beautiful job,” she wrote to him, about his decision to whack the board. “The college may survive, with the right leadership.”

Harris wrote in his declaration: “Based on this email, which was consistent with all my prior interactions with Dr. Beno, I believed that City College could maintain its accreditation… if City College took extraordinary steps to comply with the ACCJC’s recommendations.”

But the accreditors did just the opposite. Just this month, it denied CCSF’s accreditation appeal, telling the college they it not review any evidence of progress it made after they voted to terminate its accreditation. This took Harris by surprise.

“If I had known on July 8, 2013, that the rules of the commission were later going to be interpreted to preclude any progress made by City College after June 2013,” he wrote in his declaration, “I would not have asked the Board of Governors to take the extraordinary step of setting aside the locally elected Board of Trustees.”

Harris was burned by the ACCJC. Now City College faces the choice to trust Beno and the accreditors again.

 

Above, California Community Colleges Chancellor Brice Harris explains why he pushed state entities to remove the City College’s Board of Trustees and replace them with Special Trustee Bob Agrella. Should City College of San Francisco trust the ACCJC?

Pride and prejudice

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joe@sfbg.com

As Pride celebrations across the country unfurl their rainbow flags this month, teacher tenure in California suffered a stunning blow from a Los Angeles Superior Court, undermining protections that have shielded the LGBT community from discrimination.

Although the decision will likely be appealed, Judge Rolf M. Treu’s ruling galvanized teachers unions and evoked memories of conservative attacks on gay teachers in the 1970s, including the unsuccessful Briggs Initiative that was a rallying point for then-Sup. Harvey Milk and a new generation of LGBT political leaders.

“To jeopardize any of the protections we have now, it’s a thinly veiled attempt to demoralize teachers, and it’s an attack on public education,” Assemblymember Tom Ammiano, the San Francisco Democrat who began his political career as an openly gay teacher campaigning against the Briggs Initiative, told the Guardian.

LGBT rights and teacher tenure may seem to have little in common, but a peek at the movers and shakers in the LGBT and teachers’ rights movements show an interconnected relationship of protections and the players who fight for them. Loss of tenure can threaten the protection of minority groups, academic freedom, and unpopular political speech, despite employment rights gained in recent years.

“We’ve beaten back that thinking,” Ammiano said, “but it’s still lurking.”

In California, K-12 teachers are shielded by legal protections often referred to commonly as tenure. Permanent status is the backbone of these protections, offering an arbitration process for teachers who administrators intend to fire. Also struck down by the judge was the First In, First Out law, which protects veteran teachers from layoffs by letting go of recent hires first.

In his ruling, Treu said these policies created an environment where students were burdened by ineffective teachers who were difficult to fire, disproportionately detracting from minority students’ education quality in the most troubled schools.

“The evidence is compelling,” the judge wrote in his ruling, “indeed, it shocks the conscience.”

Many education advocates vehemently disagreed with that ruling, and the veracity of the evidence will be further weighed in upcoming appeals. But along the way to pursuing equality for students, the equality of teachers may find itself eroded by an unlikely new hero of the LGBT movement: A conservative attorney who fought against marriage discrimination, but also litigated against the legacy of an LGBT legend.

 

HERO OF MARRIAGE EQUALITY

The morning last year when the US Supreme Court ruled to overturn California’s ban on same-sex marriage, Proposition 8, San Franciscans gathered inside City Hall by the grand staircase. Men held men, women held women, and families held the their children tight.

When the court’s decision finally hit the news, the outcry of happiness and surprise at City Hall was deafening. The expressions on the faces of those there was that of joy with many understandably streaked by tears. Attorney Theodore Olson helped litigate against Prop. 8 and won, and as he fought for gay rights, his face was often streaked with tears as well, LGBT rights activist Cleve Jones told us.

“There was a part of that trial when the plaintiffs Kris Perry and Sandy Stier described their love for each other,” Jones said. “I was sitting with their family in [US District Court Judge] Vaughn Walker’s court. When we broke, Ted Olson went to embrace them and there were tears on his face.”

But Olson is not a poster child for most politics considered the realm of liberals and Democrats. Olson and fellow Prop. 8 litigator Attorney David Boies were on opposing sides of the Bush v. Gore case that Olson won, handing George W. Bush the presidency in 2000. Olson was then appointed solicitor general of the United States, often leading conservative causes.

 

Olson and Boies will talk about their new book Redeeming the Dream: The Case for Marriage Equality at the LGBT center on June 25 (joined by Supervisor Scott Wiener), but Olson gave us a glimmer of those motivations.

Olson, a Los Altos native who attended UC Berkeley School of Law, told the Guardian in a phone interview that his stand on gay rights was based on conservative principles: “I think of conservatives as including people who are libertarians and respect individual liberty.”

 

A trailer for “The Case Against 8,” which features Ted Olson heavily.

He said the right to marry the person of one’s choosing should be an individual right that government has no business banning. That belief in individual liberty is at the core of his political principles. “It affects me in absolutely the deepest personal way,” he told us.

Whatever his ideological motivations, Olson became a hero in the LGBT community. But this year, he was one of the attorneys who convinced Judge Treu of the evils of teacher tenure. In the trial, Olson claimed one Oakland teacher was harming elementary students’ educational outcomes: “The principal couldn’t remove that teacher. These stories are so awful, sometimes you feel people are exaggerating.”

Yet the problems afflicting Oakland schools and its children, the unions argued, are not due to teacher tenure. In a city with high violence rates, students’ broken homes, low teacher pay, and difficult working conditions, critics say Olson oversimplified and misrepresented a complex problem.

“We all know there are problems in our schools,” Jones, who works with unions, told us. “But there’s never of course discussion about poverty, or students growing up in single families, or class sizes.”

These were all arguments the union made against Olson, unsuccessfully. The decision to remove protections for teachers may send ripples into other states and spur increased attacks on teacher protections.

And unlike California, which has strong anti-discrimination protections, that campaign may allow teachers of other states to be fired or dismissed for coming out of the closet, an issue that helped elevate Harvey Milk into such an iconic leader.

 

ECHOES OF BRIGGS

Jones and Ammiano fought alongside Milk against Proposition 6 in 1978, known as the Briggs Initiative, which would have made it illegal for openly gay people to teach. Then-Sen. John Briggs and his allies associated gay teachers with child molesters and frequently said they may influence children to become gay.

“I was born of heterosexual parents, taught by heterosexual teachers in a fiercely heterosexual society,” Milk said in a speech at the time. “Then why am I homosexual if I’m affected by role models? I should’ve been a heterosexual. And no offense meant, but if teachers are going to affect you as role models, there’d be a lot of nuns running around the streets today.”

This fight may be history, but Ammiano said such biases are still with us today, such as with how some see the transgender community. “We’re holding people at bay around LGB issues, but the T part now is the crossroads for the right wing [activists] who are rolling back protections,” he said.

Only 30 US states offer employment protections for sexual orientation, and some of those only cover government employees, according to a study by Center for American Progress. Only 23 states protect against firing for gender identity.

Vulnerable teachers lacking protections granted by tenure or equal employment laws are still being fired in California and across the country. In April, a transgender Texas substitute teacher was fired for making children “uncomfortable,” according to news reports. In Glendora, California, a teacher was fired from a religious private school after a photo of he and his husband kissing on their wedding day made the local newspaper.

This month, President Barack Obama announced an Executive Order mandating federal contractors enact policies protecting workers from dismissal due to sexual orientation or gender identity. Many speculate this was announced to press Congress to pass the Employment Non-Discrimination Act, which would protect private employees from discrimination based on gender or sexual orientation.

briggs

“This is only round one,” stated Senator John Briggs to the press about the defeat of Proposition 6, Nov. 7, 1978, at a Costa Mesa hotel. Proposition 6, called the Briggs Initiative, prohibits gay teachers from working in California public schools. AP file photo by Doug Pizac

But ENDA has stalled for years, despite the best efforts of advocacy groups nationwide. And as the country awaits equality, many teachers’ last hope against unlawful dismissal is tenure. In fact, tenure laws were first drafted after the Red Scare and Sen. Joseph McCarthy’s witch-hunt for communists, California Federation of Teachers spokesperson Fred Glass told us.

Yet Olson recoils at linking LGBT rights to teacher protections. “I support wholly protections for people for who they are, for heaven’s sakes,” he told us, mentioning that Milk “was very much an inspiration and very important to us.”

And Jones still thinks of Olson as a hero, saying that life and politics are complex.

“Irony abounds,” Jones said. “I don’t square it. You can’t square it. It’s there. But my respect for Ted Olson is based on his very genuine support for our community on the issue of marriage. For LGBT people to win equalit,y it’s important there’s a national consensus, it can’t just be from the left. Ted Olson was incredibly important with that effort and will be remembered generations for now. You don’t have to like everything about Ted Olson or President Obama to acknowledge they had a profound effect.”

SF school board to consider minimum wage proposal tonight amid union battles UPDATED

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Update [6/25]: The minimum wage proposal won, and is now part of SFUSD’s approved budget. “There will be a larger conversation in August when I introduce the new minimum wage policy,” Matt Haney, of the Board of Education said. Read the article to get some context on SFUSD’s minimum wage struggles.

Hundreds of San Francisco Unified School District employees stand to finally be paid San Francisco’s minimum wage, in a new proposal expected for tonight’s Board of Education meeting.

Matt Haney, a board commissioner, plans to propose requiring SFUSD to pay San Francisco’s minimum wage. He said it’s a practical move that also carries a message.

“It’s a relatively small amount of people, but a dollar fifty or two dollars more an hour is not pocket change for them,” he told the Guardian. “It’s really a step towards aligning the school district towards paying everyone a living wage.”

As a state entity, the SFUSD need only adhere to the state minimum wage of $9 an hour, which will be the state’s new minimum wage starting July 1. For now, San Francisco’s minimum wage is $10.74 an hour, though that may change under a new November ballot measure to as much as $15 an hour by 2018.

Haney is considering introducing a new resolution in August to match the City’s $15 minimum wage hike, as well.

Over 800 SFUSD workers earn below San Francisco’s minimum wage. These employees are mostly unrepresented by unions, Haney told us, and though they serve in a variety of positions, most are yard monitors who oversee recess in the city’s over 100 schools.

Haney’s minimum wage proposal is part of the overall SFUSD proposed 2014-15 budget, which the school board will vote on tonight. As Governor Jerry Brown’s new funding mechanism, the Local Control Funding Formula, drives extra dollars into disadvantaged school districts, the unions and schools are expected to put on the pressure for the district to offer raises for teachers and paraprofessionals.

“There should be some fireworks, I imagine,” Haney said.

Negotiations between the school district and the unions are at a standstill, sources tell us. The district said it is proposing a 8.5 percent increase over three years, which amounts to an approximate $1.83 an hour raise for paraprofessionals. This offer infuriated the United Educators of San Francisco, who allege that is still not a living wage.

“They’re coming to us and saying ‘this is almost the best we can offer,'” Dennis Kelly, president of UESF told the Guardian. “What the hell does that mean?”

Paraprofessionals often work in special education or early childhood education, and some are security aides. There are between 1,350 and 1,500 of those employees at any given time in the district, Kelly told us, noting they’re also a group made up largely of minorities and women.

In a statement to the press, SFUSD Superintendent Richard Carranza said the district made the best offer it could under the circumstances.

“We are committed to providing salary increases this year and in the future as long as the revenues from the state continue to grow,” Carranza wrote. “Unfortunately the state’s forecast for school budgets just got a lot worse. Governor Brown just said that he is now expecting districts to pay a bill, in the amount of several billion dollars, to cover the State’s unfunded pension liabilities as soon as next school year and every year after for the foreseeable future. This expenditure will spend a significant amount of the very same revenues we are counting on to provide services for our students and salary increases for our employees.”

As the district struggles with its bills, the paraprofessionals are facing the very real rising costs of living in San Francisco. The average pay for a paraprofessional is $25,000, Kelly told us, adding “you’re employing 1,000 of these people at poverty wages.”

The UESF will take a vote to authorize a strike vote in August, and the negotiations between the UESF and the school district is expected to be mediated soon.

In the meantime, for 800 or so employees at least, Haney’s minimum wage increase should bring some much-needed good news to a school district beleaguered with money woes. Though the raise would only bump employees a dollar fifty or two dollars an hour more, Haney said, “it’s a symbolic in some ways, but important.”

And as a school district that mostly serves poor and disadvantaged students, Haney added, “if anyone should know about poverty in schools, it’s us.”

Correction: An earlier version of this story inaccuately cited the district’s wage offer. The Guardian apologizes for the error.

Muni sickout: Q&A with transit union president

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It’s fair to say San Francisco is sick of the sickout.

Three days after hundreds of Muni workers called in sick to work, crippling the city’s transit system, City Attorney Dennis Herrera filed a legal action against Muni workers’ union to end the pseudo-strike. 

Just as Herrera announced his intentions, the Bay Guardian sat down at the Transit Workers Unit local 250-A for an interview with Eric Williams, president of Muni’s worker union. 

Here are William’s answers to our questions. Pick up a copy of next week’s paper for a broader story on the Muni sickout and union backlash in San Francisco.

San Francisco Bay Guardian: Thanks for sitting down with me. This is obviously a contentious time for Muni workers. But let’s hear how this all started: What’s the nitty-gritty contract disagreement between the SFMTA and the union?

Eric Williams: We don’t have a problem paying our pension, despite what’s being said. We would like a fair even swap, just like everyone else had. The police, the fire department, every union in this city got a fair swap to help pay their own pension. Right now they want to offer us a bump to pay our own pension, but once we got our CPA to crunch the numbers, it’s all negative.

The city wants you to beleive it’s cost-neutral, but that’s not the case. Our members will be making $1.10 less an hour due to this negotiation. 

SFBG So you’ve said before that certain laws and codes have “stacked the deck” in negotiations against the union, in favor of the SFMTA. How does that work?

EW You have to read Prop G [regarding Muni operators’ salaries] and code A8.409 [prohibiting strikes] and say “is this fair?” 

We’re struggling, we’re coming into a negoatiaion with our hands tied behind our back. The beauracracy and the spinning of the words and statements is alive in the agency. 

It’s unfortunate the public thinks it’s the common workers’ fault on any of these issues. Our members have to take care of our families, our children, paying for college, just like you. 

[Proponents of Prop. G said] “Well, it will make everything fair.” Actually, it’s not.

A ten-minute video interview with TWU Local 255-A President Eric Williams, as he explains the motivations behind the sickout.

SFBG Let’s get into that a bit more. So you walk into a negotiation, you bring a proposal. The way most union negotiations work is two parties sit down and present proposals, but the Muni worker/SFMTA negotiation is unique. You have to prove something to the arbitrator. What do you have to prove?

EW Basically, we have to show we’re not going to be costly to the agency. But inflation is going up, how could we not be costly?

 We just want restrooms, but those are costly. We want raises, those are costly. We want better parking, that’s costly.

The arbitrator must side with the city if they feel the cost burden will be too high on the city. All SFMTA employees are under the same deal. I’ve been at four tables in the past few months and negotiated two contracts with parties other than the SFMTA. We had to go to mediation, those mediators told us to talk it over again (offering compromise). You take this proposal, you take this one. That’s not the case with the SFMTA negotiations.

SFBG Can Muni workers afford to live in San Francisco?

EW Definitely not. The only members that live inside the city are those who purchased a home 20 or so years ago. The majority of our members live outside the city. That’s what leads to the issue of transportation and parking. If you’re pulling a bus run at 5:30 in the morning, guess what, there’s no bus at 4am to get them there. They need parking. It’s poor or rich in this city, there’s no in between. That’s no secret.

SFBG How far back would you have to go to say a good strong bloc of members lived in the city?

EW At least 20-30 years. Early ’90s, ’80s. 

SFBG Let’s talk about the atmosphere with riders out there. We recently saw a BART strike, did you take a read on the reaction? The sickout, which seems similar … people seem to not be siding with the union on this. There’s a lot of animosity.

EW We thought people understood who were in charge of the economics. It’s unfortunate the public may believe it’s the common workers’ fault on the issues. 

If you look at the bargaining with BART, yes it caused frustration. Yes it did. But when you see them empathizing with the power, “yes we know this hurts, but we have a family too.” The only thing we can do is ring the bell and say “this is unfair.”

SFBG Do you feel there is a backlash against Muni workers for the sickout?

EW Honestly i couldn’t tell the difference, we’ve been drug over the coals for so long. The frustration you’ve seen the past few days, not brought by the union itself, but by the members, is real. 

But in reality our members encounter something different with the everyday riders. The mothers, the fathers, [they have] a different attitude. Of course we have that 10, 20 percent that no matter what we do, who say we’re wrong. But we have to take a stand as well. We’re important here. We take our jobs seriously, and we should be treated as such. 

[Those who disagree with us] need to challenge the agency on everything the agency tells them. The system is still not on time, you still don’t have enough employees to drive the buses on the ground. The SFMTA spends all this money but we’re not on time, we don’t have enough people. 

Those 10-20 percent [who disagree with the workers] need to read the charter. Any person with common sense, any person with a heart, ask themselves if that process is fair. 

SFBG You don’t think part of it is the view that Muni workers make much more than private sector workers?

EW There’ve always been good private sector employers out there. But unions got us weekends, unions got us better working hours, unions got you sick leave. But go out and ask how they feel, what they think the public’s issue with us because we’re making $60,000 a year, and you went to college for four years. Maybe it’s because we’re making a living, and you’re struggling. Well hey, come get a job as a bus driver if it’s that bad out there.

 

Marcus Books of San Francisco evicted

For months, we’ve been covering the story of Marcus Books, the nation’s oldest continuously operating black-owned, black-themed bookstore located in San Francisco’s Fillmore District. Facing eviction from the purple Victorian where the bookstore had operated since 1981, the family that owns it had launched an ambitious fundraising campaign in an effort to remain in place.

Widespread community support for the culturally significant bookstore even led to the Board of Supervisors granting landmark status for the bookstore’s Fillmore Street address, on account of “its long-term association with Marcus Books … and for its association with Jimbo’s Bop City, one of the City’s most famous, innovative and progressive jazz clubs.”    

But as the Bay Guardian has just learned, the bookstore was evicted on May 6. Now it seems the family is in the process of packing up the books and determining what the next step is.

In the meantime, here’s an open letter sent to supporters via email by bookstore co-owners Tamiko, Greg, and Karen Johnson.

Dear Supporters: 
It was difficult to know what to tell you about our struggle to stay in our building, its winding path of lawyers and judges and protests and promises, hopes and gravities made it difficult to report our status on a curved road. But the current property owner has changed the locks to the door of 1712 Fillmore Street.

Marcus Books missed a couple of rent payments (not such a rare thing considering that at the same time the largest US banks and even our government asked taxpayers to give them hundreds of billions of dollars of assistance). However, the mortgage holder, PLM Lender, foreclosed on the building that housed Marcus Books of San Francisco since 1981. It was sold to the Sweis family (realtors and owners of Royal Taxi in San Francisco). The Johnson family (co-owners of Marcus Books of San Francisco) has been trying to buy the building back for a year and half.   

The Sweis’ bought this building in a bankruptcy “auction” (apparently, they were the only bidder) for $1.6 million. The Johnsons offered $1.8 million; the Sweis set their price at $3.20 million, hoping to double their purchase price after a few months ownership. After some public outrage resulting in public protests against the Sweis, a negotiation brought their asking price down to $2.6 million, adding a million dollar profit to their purchase without adding any improvements to the property and adding a stipulation that the entire $2.6 million be raised within 90 days.

Marcus Books supporters, including the local chapter of the NAACP; ACCE (Alliance of Californians for Community Empowerment; Japantown activists; Westside Community Services; Julian Davis, our fearless legal council; Carlos Levexier’s “Keep It Lit” campaign committee; local literary community including writers and other bookstores; people from all over the world: friends, family, customers, churches and unions took a stand against the bulldozing of community. Individuals, unions, and churches donated $25,000. The Community Land Trust of San Francisco garnered loan pledges of $200,000 and Westside Community Services offered a loan of $1.60 million. Though by any standards that would have been more than enough for a down payment, the Sweiss’ refused the $1.85 million start and filed for eviction.

Concurrently, the San Francisco Board of Supervisors unanimously passed a resolution requiring every division of city government make it a priority that they each use their “powers” to help Marcus Books stay in its location. In addition, and after 5 years of efforts by John Templeton (the leader in Black California history), and Greg Johnson (co-owner of Marcus Books of San Francisco), London Breed and Malia Cohen, two San Francisco Supervisors, initiated the Board of Supervisors’ unanimous vote granting landmark status.

With the numerous speeches of San Francisco Mayor Ed Lee stating his commitment to righting the wrongs of the San Francisco Redevelopment Agency’s slaughter of the thriving African American Fillmore District, we at Marcus Books believed the City would take some affirmative action on our behalf, since Marcus Books is the only surviving Black business since the Redevelopment devastation. Maybe that support is around the next bend? Well the locks have been changed, the cavalry is not in sight, and it’s time to pack up the books and store them till we find another space.

You might ask yourself, why bother? Materialism rules the day. That is not news. More often than not, we take it for granted that the “bottom line” is the only line worth respecting, though it respects no one. This is a common conception, but not right. Right is the vertical line that runs through all levels: from its spiritual top to its earthly roots. This verticality is manifested only by integrity. Integrity defies gravity in its perpetual longing for truth. Millions of people have been put out of their homes by bottom-line-feeders. It’s common, but it’s not okay, now or at any other time. Sometimes you just have to take a stand. Integrity is a verb.

In 1970, I had a vision bout rebirth. A segment of that vision informs this struggle. In this particular scene, the spirit is climbing the Tree of Humanity, being lifted higher and higher by those entwined in The Tree. The spirit never steps on anyone’s face or heart. It just carries their dreams up with it. Because it is growing towards rebirth, it gets younger with each step up. Though there are thousands of supporters at the bottom of The Tree, there are fewer at the top and the helping hands are fewer and far between. At the top of The Tree, at the stratum of the clouds, quantity has morphed in into quality. Here a storm of wind and rain rages, lightning strikes and a mad dog spirals up The Tree, snapping at the heels of the now, infant spirit. Teetering on a limb, the spirit sees a man face down in the mud at the bottom of The Tree. Seems he got there from letting go of his faith in The Tree. The surrounding clouds urge the spirit fall.
 
“Cross Section”
The rumors, that were whispered,
            Here, the silence screams,
            And branches battle shadows
            To defend their dreams.
 
            Where Black is cut in pieces,
            Can’t hold myself together.
            Time cuts me down,
            Life me brought up,
            But lead me to this weather.
 
            The Time says, ‘Fall
            To soulless ease.
            To struggle is disgrace.
            The gravity will grant you peace,
            And hide your shameful face.’
 
            But I am born of honor:
            Descendent from above.
            My Father’s name is Wisdom
            And my Mother’s name is Love.
            And I have strength of purpose.
            That’s what my climb’s about.
            As I’m cut off,
            I will hold ON
            And trustingly Black-out.”
 
(Copyright 1997, Karen Johnson)
 
 For the hundreds of people who have lent their time, money, and prayers, we are truly grateful.
 
–Tamiko, Greg, and Karen Johnson, co-owners Marcus Books of San Francisco
 
 . . . to be continued

Toyota work methods applied at General Hospital

San Francisco’s Department of Public Health has a $1.3 million contract with Seattle-based Rona Consulting Group to implement the Toyota Management System, a workflow methodology based on the auto-manufacturing model, at San Francisco General Hospital.

This new model, which aims for greater workflow efficiency, is being implemented just as healthcare staffers raise concerns that staffing levels at SFGH are dangerously low.

“Nurses often work through their breaks, and they stay after their shifts to get charting done,” said David Fleming, a registered nurse who has been at SFGH for 25 years. “I think nurses are getting the job done – but they’re at the edge.”

A group of healthcare workers spoke out at the May 7 Budget & Finance Committee meeting, during which supervisors discussed the DPH budget. Public employee union SEIU 1021, which represents healthcare workers, is in the midst of contract negotiations but Fleming said they had been grappling with reduced staffing for awhile.

According to a contract request to the Health Commission sent anonymously to the Bay Guardian, DPH entered into a 24-month contract with Rona totaling just over $1.3 million, for the purpose of implementing the Toyota Management System methodology as part of the transition to the new SFGH acute care facility, scheduled to open in December 2015.

The Bay Guardian received a copy of the contract request via BayLeaks, which uses encryption software known as SecureDrop to enable sources to anonymously submit documents.

The $1.3 million came from “General Funds (Rebuild Funds)”, according to the contract request. In 2008, voters approved Prop. A, funding the $887.4 million General Hospital rebuild through general obligation bonds. Use of the voter-approved, taxpayer-supported funds is restricted to hospital construction under a state law that limits the use of bond money to specified purposes.

However, Iman Nazeeri-Simmons, chief operating officer at DPH, said funding for the Rona contract came from a “hospital rebuild transition budget,” which she said provides for needs beyond construction costs.

Specialized consulting to educate hospital staff in the ways of the Toyota Management System doesn’t come cheap. A single meeting between the consultant and “key leaders” to “discuss needs and develop operational project plans” cost $25,225, the document showed. A one-day “visioning session” facilitated by the contractor was priced at $16,814. Five-day workshops fetch Rona $42,032 each. Based on estimates included in the contract request, the consulting firm would earn the equivalent of $4,707 per day.

The $1.3 million consulting contract was awarded even as unions remind city officials of staffing cuts during the economic downturn in 2008 that still have not been restored.

Here’s some video testimony from hospital staffer Heather Bollinger regarding how tough things can get at the General Hospital’s trauma center. “We do have staffing issues, and they do affect patient safety,” she said in public comment to the Health Commission on April 15.

Nato Green, who is representing nurses as a negotiator on behalf of public employee union SEIU 1021, described the staffing levels at SFGH as “unsafe and unsustainable.” There are currently 90 vacancies for nurses that haven’t been filled, he said. That’s a 14 percent vacancy rate, Green noted — typically substituted with traveling nurses, temps, and overtime labor.

Nazeeri-Simmons said the consulting was necessary for the transition to the new SFGH facility, for “doing it in the best way, and understanding there’s a completely different physical environment over there.” Rona is a pioneer in healthcare performance improvement, she said, and they are “leading us in very interactive workflow designs that are simulation-based,” geared toward “maximizing value and driving out waste.”

But does “driving out waste” translate to staffing cuts? “It certainly hasn’t happened here,” Nazeeri-Simmons responded when asked about that. Instead, the consultants have helped management to “right-size services to meet the demand,” she said, noting that wait times in urgent care had been significantly reduced as a result. Decisions such as using a portable X-Ray machine that eliminated the need for patients to walk ten minutes across the hospital grounds had dramatically reduced wait times, she added.

“We need to make sure the staff are working to the highest of their capability,” she added.

Heidi Gehris-Butenschoen, a spokesperson for Rona, said the goal of transforming work practices under the Toyota Management System is to improve patient care. Asked whether the consulting tends to affect staffing levels, Gehris-Butenschoen said, “That’s really up to the hospital. It’s definitely in our workshop not something we focus on. The Toyota system is not about cutting heads at all.”

SFGH has been working with Rona since July 2012. One of the company partners was formerly the CEO of Productivity, Inc., which advised “large-scale transformations for Fortune 100 companies,” according to the contract request. The workflow methodology is rooted in Lean principles, integrating a “just in time” staffing concept that’s been applied in corporate settings such as Walmart.

The Health Commission approved the $1.3 million contract at its Dec. 17, 2013 meeting as part of the consent calendar, which is summarily approved by a single vote.

Fleming, the RN, was skeptical of how much the Lean system had actually accomplished. They had literally “rearranged the furniture” since the program was implemented, he said, and observers had silently monitored staffers’ activities.

“When we work with anyone, we go out to the gemba, and we observe,” Rona’s Gehris-Butenschoen explained, noting that gemba refers to “the place where work happens.” The observations help hospitals identify where waste can be reduced, she added, such as moving a supply cabinet if time is being taken up by crossing the room to get to it.

But Fleming said he wasn’t convinced that applying a corporate efficiency method, borrowed from manufacturing, would provide the greatest benefit in a healthcare setting.

“We are not taking care of cars on an assembly line,” he said. “When it comes to another human being’s body, I don’t know that faster is necessarily better.”