Unions

BART resists safety reforms in labor negotiations

1

BART maintenance workers training under safety instructor Saul Almanza are taught this most important lesson: the objective when you go to work is to come home afterward.

He remembers two BART engineers who were hit and killed by the trains they were charged with repairing: Robert Rhodes in 2001, and James Strickland in 2008. Almanza imagines the dark tunnels where the safe places to stand are small and the lighting is scarce. He says he thinks of Rhodes and Strickland every day.

As talks between BART labor unions and management resumed Sept. 9, negotiations over safety overhauls had stalled, according to representatives from SEIU Local 1021. On Sept. 11, union members on the negotiating team — which includes Almanza — released a chart of fines the transit agency received from the California Occupational Safety and Health Administration, stemming from those accidents.

The chart shows 20 citations from OSHA since 2001 that the unions said have been unaddressed. BART management, unsurprisingly, disputes this. The list shows incidents as minor as rain getting into a fare gate and as major as the two aforementioned deaths. All told, the safety fines add up to $192,375.

The complaints were also listed on CAL/OSHA’s website, with additional details revealing that some of the investigations into the complaints were closed, contrary to the union’s claim. But that doesn’t mean the underlying causes of the problems have been solved, and they remain a sticking point in the negotiations between BART management and SEIU.

BART spokesperson Rick Rice said the lighting issues that led to Rhodes’ death will soon be resolved. Strickland’s death was a separate issue, though, as dense vegetation blocked a driver’s line of sight, leading to the mechanic’s death. That was also addressed, Rice said.

“Starting next year there’s $4.5 million allocated by the board to improve all the lighting,” Rice told the Guardian, and that other changes have made the tunnels safer since the 2001 accident.

But Almanza said he won’t believe it until he sees it in writing. So far, that hasn’t happened.

“The only change that took place was they added signage to the location saying you can’t enter the area without ‘simple’ approval,” Almanza said. Simple approval is a process where the worker recites a waiver that absolves BART of fault should they be injured or die. “They make you proclaim that you won’t interfere with operations, and it means if you delay something or die, it’s your fault.” Robert Bright, a train mechanic at the Hayward BART shop, also told us he was worried about safety conditions for BART workers. In our previous coverage, “Tales from the Tracks,” he said he’s seen workers crushed under machinery and electrocuted due to lax safety conditions. CAL/OSHA’s required changes are simple enough, requiring trained electricians to shut off power to the third rails and remove power breakers before maintenance crews work on the tracks to prevent the power from accidentally being switched back on. Almanza said the procedure saves lives. But BART management has paid its lawyers to resist the changes recommended by CAL/OSHA, documentation shows. Recent minutes from BART Board of Directors show the board voted unanimously to retain legal services from law firm Glynn and Finley to “mount a vigorous defense” against the safety citations issued by OSHA, saying the recommended changes were unnecessary and would have little effect on safety. Meeting minutes show the directors don’t think it’s a necessary procedure, but Almanza contends that it’s a cost-saving measure, since electricians must be paid to remove the breakers. “If this prohibition is implemented, it would drastically change the way BART performs maintenance operations with no anticipated improvement in safety,” according to meeting minutes. It went on to state that the procedure introduces additional safety risks, which Almanza denies. The board then moved to approve a $188,000 increase for legal services to challenge the CAL/OSHA changes — almost as much as the agency paid in fines for safety violations in the first place.

Twelve years after BART train kills mechanic, lighting and electrical safety not improved

11

When BART maintenance workers train under safety instructor Saul Almanza, the most important thing they learn is this: your objective when you go to work is to come home. 

When he recites that mantra he remembers two BART engineers who were hit and killed by the trains whose tracks they were charged with repairing: Robert Rhodes in 2001, and James Strickland in 2008. Almanza imagines the dark tunnels, where the safe places to stand are small and the lighting is scarce. He thinks of Rhodes and Strickland every day.

As talks between BART labor unions and management resumed Sept. 9, negotiations over safety overhauls have stalled, representatives from SEIU Local 1021 said. On Sept. 11, union members on the negotiating team — which includes Almanza — released a chart of fines the transit agency had received from the California Occupational Safety and Health Administration, stemming from those accidents. 

The chart shows 20 citations from OSHA since 2001 that the unions said have been unaddressed. BART management, unsurprisingly, disputes this. The list shows incidents as minor as rain getting into a fare gate and as major as the two aforementioned deaths. All told, the safety fines add up to $192,375. 

spreadsheet documenting BART's safety violations

The complaints were also listed on the federal OSHA website, with additional details revealing that some of the investigations into the complaints were closed, contrary to the union’s claim. That doesn’t mean the underlying causes of the problems have been solved, though. Many of the problems persist, Almanza told us, endangering workers’ lives.

Those safety issues remain a sticking point in the negotiations between BART management and SEIU. 

BART spokesperson Rick Rice said the lighting issues that led to Rhodes’ death will soon be resolved. Strickland’s death was a separate issue, though, as dense vegetation blocked a driver’s line of sight led to the mechanic’s death. That was also addressed, Rice said. 

“Starting next year there’s $4.5 million allocated by the board to improve all the lighting,” Rice told the Guardian, he said other changes have also made the tunnels safer since the 2001 accident.

But Almanza said that while he’s heard that all before, he won’t believe it until he sees it in writing. So far, that hasn’t happened. 

“The only change that took place was they added signage to the location saying you can’t enter the area without ‘simple’ approval,” Almanza said. Simple approval is a process where the worker recites a waiver that absolves BART of fault should they be injured or die.  “They make you proclaim that you won’t interfere with operations, and it means if you delay something or die it’s your fault.”

Rhodes’ death in 2001 was a result of inadequate markings and lighting, he said, but Strickland’s death in 2008 was due to his being hidden behind tree ovegrowth. The union is asking for a dedicated grounds crew to cut back vegetation to improve visibility, hopefully saving lives in the process. BART management said progress was made on that point.

“Since the accident they’re referencing, there’s been extensive changes to the safety procedures and vegetation management,” Rice said. But Almanza told us those changes embedded groundskeepers with mechanics, and they started doing jobs that had nothing to do with groundskeeping. They weren’t even handed chainsaws for a year, he said. 

A train mechanic at the Hayward BART shop, Robert Bright, also told us he was worried about safety conditions for BART workers. In our previous coverage, “Tales from the Tracks,” he said he’s seen workers crushed under machinery and electrocuted due to lax safety conditions.

Almanza said BART’s resistance to making electric work safer is a prime example of their attitude toward safety. OSHA issued multiple citations requiring BART to change safety procedures for when mechanics work on or near the rails. 

“The third rail is electrified with a rubber blanket over it for protection,” Almanza explained. BART also uses a method of cutting power to the rail while a worker places a plastic board down to protect them from it. But the power could easily be turned back on, meaning electrocution or death for the workers. 

Electric third rail cover

This is the cover BART workers use when working on the third rail.

OSHA’s changes are simple enough, requiring trained electricians to shut off power to the third rails and remove power breakers before maintenance crews work on the tracks to prevent the power from accidentally being switched back on. Almanza said the procedure saves lives. 

But BART management has even paid its lawyers to resist the changes recommended by OSHA, documentation shows. 

>

Recent minutes from BART’s board of directors shows the board voted unanimously to retain legal services from law firm Glynn and Finley to “mount a vigorous defense” against the safety citations issued by OSHA, saying the recommended changes were unnecessary and would have little effect on safety. Meeting minutes show the directors don’t think it’s a necessary procedure, but Almanza contends that it’s a cost-saving measure, since electricians must be paid to remove the breakers.

“If this prohibition is implemented, it would drastically change the way BART performs maintenance operations with no anticipated improvement in safety,” according to meeting minutes. It went on to state that the procedure introduces additional safety risks, which Almanza denies. 

The board then moved to approve a $188,000 increase for legal services to challenge the OSHA changes — almost as much as the agency paid in fines for safety violations in the first place.

BART spokesperson Jim Allison said that by next week BART will look at the union’s proposals around safety and will respond to their concerns.

Alerts: September 11-16, 2013

0

ALERTS

Wednesday 11

Vandana Shiva on biotechnology Goldman Theater, David Brower Center, 2150 Allston, Berk. www.kpfa.org. 7:30pm, free. Join world-renowned environmental philosopher and author Vandana Shiva for a forum on the biotechnology industry. Shiva will illuminate the corporate assault on biological and cultural diversity, in conversation with Gopal Dayaneni of Movement Generation: Justice and Ecology Project. She’ll help concerned activists to connect the dots: What is the East Bay “Green Corridor,” who’s behind it, and what are the implications for communities here and around the globe?

Friday 13

Oil and unions in Iraq SEIU 1021 office, 350 Rhode Island, SF. 1021.seiu.org. 6:30pm, free. Listen as Hassan Juma’a Awad, president of the Iraq Federation of Oil Unions, shares his experience in struggling for basic labor rights for Iraqi workers. Iraq’s public sector workers (including the oil sector) lack the legal right to organize or engage in collective bargaining, more than a decade after the end of the dictatorship. Earlier this year, Hassan faced criminal charges in retaliation for worker strikes, and was accused of undermining Iraq’s economy.

Saturday 14

North by Northwest bike ride Velo Rouge Cafe, 798 Arguello, SF. 1:30pm, free. Interested in street design, bikeways, traffic calming, and other kinds of improvements along San Francisco city streets? Join a group of cyclists on this afternoon ride to learn about the history and current projects that shape the streets on which we walk and bike. This ride will feature a series of stops and information about how the 2009 Bike Plan and other ongoing projects are shaping the northwestern parts of San Francisco.

 

Monday 16

Mexican Independence Day 2940 16th St., SF. Livingwage-sf.org. 7pm, $10–$15. Join the San Francisco Living Wage Coalition for a concert and celebration of Mexican Independence Day. “Songs of Healing for Juarez” will provide an emergency benefit concert for Las Hormigas, an organization that has been working to address violence and poverty in Ciudad Juarez. The concert will feature Diana Gameros, Francisco Herrera and other guests, as well as a live art auction. For more information, call (415) 863-1225.

Jill Stein on movements vs. money Unite Here Local 2, 209 Golden Gate, SF. 6-9pm, free. Jill Stein, the Green Party Presidential Candidate of 2012, will discuss the creation and intent of The Green Shadow Cabinet, an organization that includes nearly 100 prominent community and labor leaders, physicians, cultural workers, veterans and others with the goal of providing an ongoing opposition and alternative voice to dysfunctional Washington, DC politics. Stein will speak on current political dynamics and strategies for creating good jobs, ending student debt, cultivating democracy and breathing new life into the environmental movement. Hosted by OccupyForum.

 

Alerts

0

ALERTS

 

Wednesday 11

Vandana Shiva on biotechnology Goldman Theater, David Brower Center, 2150 Allston, Berk. www.kpfa.org. 7:30pm, free. Join world-renowned environmental philosopher and author Vandana Shiva for a forum on the biotechnology industry. Shiva will illuminate the corporate assault on biological and cultural diversity, in conversation with Gopal Dayaneni of Movement Generation: Justice and Ecology Project. She’ll help concerned activists to connect the dots: What is the East Bay “Green Corridor,” who’s behind it, and what are the implications for communities here and around the globe?

 

Friday 13

Oil and unions in Iraq SEIU 1021 office, 350 Rhode Island, SF. 1021.seiu.org. 6:30pm, free. Listen as Hassan Juma’a Awad, president of the Iraq Federation of Oil Unions, shares his experience in struggling for basic labor rights for Iraqi workers. Iraq’s public sector workers (including the oil sector) lack the legal right to organize or engage in collective bargaining, more than a decade after the end of the dictatorship. Earlier this year, Hassan faced criminal charges in retaliation for worker strikes, and was accused of undermining Iraq’s economy.

 

Saturday 14

North by Northwest bike ride Velo Rouge Cafe, 798 Arguello, SF. 1:30pm, free. Interested in street design, bikeways, traffic calming, and other kinds of improvements along San Francisco city streets? Join a group of cyclists on this afternoon ride to learn about the history and current projects that shape the streets on which we walk and bike. This ride will feature a series of stops and information about how the 2009 Bike Plan and other ongoing projects are shaping the northwestern parts of San Francisco.

 

Monday 16

Mexican Independence Day 2940 16th St., SF. Livingwage-sf.org. 7pm, $10–$15. Join the San Francisco Living Wage Coalition for a concert and celebration of Mexican Independence Day. “Songs of Healing for Juarez” will provide an emergency benefit concert for Las Hormigas, an organization that has been working to address violence and poverty in Ciudad Juarez. The concert will feature Diana Gameros, Francisco Herrera and other guests, as well as a live art auction. For more information, call (415) 863-1225.

Jill Stein on movements vs. money Unite Here Local 2, 209 Golden Gate, SF. 6-9pm, free. Jill Stein, the Green Party Presidential Candidate of 2012, will discuss the creation and intent of The Green Shadow Cabinet, an organization that includes nearly 100 prominent community and labor leaders, physicians, cultural workers, veterans and others with the goal of providing an ongoing opposition and alternative voice to dysfunctional Washington, DC politics. Stein will speak on current political dynamics and strategies for creating good jobs, ending student debt, cultivating democracy and breathing new life into the environmental movement. Hosted by OccupyForum.

 

Dick Meister: Still dreaming of justice

2

Dick Meister is a San Francisco-based columnist who has covered labor and politics for more than a half-century.  Contact him through his website,www.dickmeister.com, which includes more than 350 of his columns.

Think back to Aug. 28, 1963.  More than a quarter-million labor and civil rights activists led by Martin Luther King Jr. march onto the National Mall in Washington, D.C., to demand good jobs at decent wages and strict enforcement and expansion of the laws guaranteeing meaningful civil and economic rights to all Americans.

The demands, spelled out in Dr. King’s famous “I have a Dream” speech that day,  will be forcefully raised once again by  a fiftieth  anniversary March from the Lincoln Memorial  to the King Memorial  on the  Mall  this August 24.

The 2013 march has been called for very good reason: The need for greatly strengthened labor and civil rights is at least as urgent today as it was in 1963. By any measure, the 1963 March was a huge success. It had a direct and strong influence on the enactment a year later of laws prohibiting discrimination in public accommodations and the passage two years later of the Voting Rights Act that enabled many African -Americans to freely cast ballots for the first time.

But despite the successes that followed the march, the nation once again faces severe economic and social problems. Consider:

*Voter suppression has become a serious problem once more, with several
states imposing new restrictions on the right to vote that have been upheld
in court.

*Unemployment remains notably high, particularly among African-American
workers, and young workers generally, even as a great need for workers to
rebuild the nation’s crumbling transportation and energy infrastructure
continues to mount.

*Jobless workers now, as then, need much more government aid, with
unemployment insurance payments averaging only $300 a week.  Many workers
who manage to find jobs are able to work only part-time or only temporarily,
and for less pay than they made on previous jobs.

*Millions of women workers face blatant job discrimination, as do older
workers, the young and African-American workers in general. They often are
paid less than others doing the same work, and often are denied promotions
that they’ve earned. Women sometimes face sexual harassment as well.
*Millions of workers, male and female alike, are forced to live on
poverty-level pay, including those workers making the grossly inadequate
federal minimum wage of $7.25 an hour. Many of the country’s fast-food
workers are lucky if they make even that.

*Millions lack paid sick leave needed to care for sick children and other
family members and to keep them from having to work when ill and endanger
the health of others as well as themselves.

*Public employees, who perform some of the country’s most vital work, are
under steady attack by politicians and others who seize on them as
scapegoats by blaming the workers, many of them women and people of color,
for the economic problems that beset government at all levels. They strive
mightily to cut the employees ‘pay and pensions and other benefits and mute
their political and economic voices.

*Income inequality is a severe problem. The gap between the haves and
have-nots is downright spectacular. A recent study by the Economic Policy
Institute showed, for instance, that the CEOs of major companies make on
average about 273 times more than the average worker. That’s right ­­
average executive pay is almost three times  the average pay of ordinary
workers. Are those who direct work really worth so much more than those who
actually do the work?

 *Thousands of workers are endangered by lax enforcement of job safety laws,
thousands shortchanged by employers who fail to pay them what they’ve been
promised and clearly earned.

*Anti-labor employers openly violate laws that promise workers the right of
unionization that would enable them to effectively try to improve their
inadequate pay and working conditions. That’s one of the key reasons the
share of workers in unions has declined to a 97-year low of barely 11
percent.

*Despite the rise of Cesar Chavez and the United Farm Workers union, the
men, women ­-and too often children — who harvest the food that sustains us
all are barely surviving on their poverty level wages.

*Free trade agreements and the offshoring of U.S. jobs have led to the loss
of millions of domestic jobs.

President Clayola Brown of the AFL-CIO’s A. Philip Randolph Institute, a key
2013 march sponsor named for the leader of the 1963 march, notes that as in
1963, “the job situation is deplorable. Today, we have 30-year-old people
who have never had a full-time job in their lives.”

Brown will be among the thousands of union and civil rights advocates who,
like the marchers 50 years ago, are expected to gather on the National
Mall Aug. 24 to raise their demands for justice, as they march from one to
the other of the sculpted likenesses of two of the greatest advocates of
social and economic justice who’ve ever lived.

Dick Meister is a San Francisco-based columnist who has covered labor and
politics for more than a half-century.  Contact him through his website,
www.dickmeister.com, which includes more than
350 of his columns.
   Copyright 2013 Dick Meister.

(Bruce B. Brugmann writes and edits the Bruce Blog on the San Francisco Bay Guardian website. He is the editor at large and former editor and co-founder and co-publisher with his wife Jean Dibble of the SF Bay Guardian, 1966-2012.)

Tales from the tracks

83

news@sfbg.com

BART’s trains will keep running, for now, after a San Francisco Superior Court judge ordered the 60-day cooling-off period that Gov. Jerry Brown was angling for last week to address BART’s labor contract impasse. The injunction is in effect until Oct. 10, blocking any strike or lockout until then.

A report by the Bay Area Council said that the four-day strike in early July cost the Bay Area $73 million a day. That estimate was also a conservative one, according to a report put together by a special investigative board convened by Brown to look into the brinkmanship between BART workers and management.

“All parties agree that the major issues of the negotiations remain unresolved, including wages, health benefits, pensions contributions, and workplace safety,” the Aug. 8 report said.

Aside from the nitty gritty of the contracts, the two parties can’t even agree on math. The report found that the “parties do not agree on the magnitude of the gap in their respective economic proposals,” and that they are between $56 and $62 million apart on their forecasts of district finances for the next three years.

Management’s biggest concerns are still capital investments. Last year, BART approved a contract for 410 new cars, at a cost of about $2.2 million per car. The union’s proposals leave little room for capital improvements, BART management said at the Aug. 8 investigatory hearing.

But the unions say that BART is financially healthy and can offer a decent contract to workers. Out of a budget of $1.5 billion, union officials say payroll for their members totals about $200 million.

The unions and management will now have two months to cool off. But will that help along their negotiations? SEIU Local 1021, which represents engineers and custodial workers, doesn’t seem to think so.

“We have bargained unsuccessfully with this employer from May 13 to June 30, 2013 with no true indication from the district that it intended to reach an agreement,” the unions wrote in a letter to the investigative board. “We have no reason to believe that if a 60 day cooling off period were created, we would not be standing then on the precipice of another work stoppage without an agreement.”

Meanwhile, to put a human face on a labor standoff that has provoked sometimes nasty reactions from the public, we ran a couple profiles of BART workers on the SFBG.com Politics blog last week. The response was so passionate and overwhelming, we decided to run them in the paper as well:

 

ROBERT BRIGHT

First we met Robert Earl Bright, a 47-year-old transit vehicle mechanic at the Hayward yards, where he’s been for three years. BART trains seem tame compared to the machines he used to work with, starting out as an Air Force mechanic working on cargo planes.

It’s that experience he draws from when he said BART’s policies are becoming increasingly dangerous.

Bright is tall but soft-spoken, and while we sat at a bench in a courtyard at Lake Merritt BART station, he talked about the shortcuts BART has taken lately, and how overtime and consolidation are bad practices for everyone involved.

There used to be specific workers called Power & Way controllers who looked out for workers on the train tracks and made sure they were safe, he said, but those responsibilities were consolidated into a separate train controller position. Since then, Bright saw the death of a colleague, a mechanic who switched from a graveyard shift to a day shift and was hit by an oncoming train.

Only after the death did BART take steps to ensure parts of the track where there was less clearance safe from trains were marked, he said.

“The problem is BART seems to wait until someone gets killed until they want to do something about it,” he said.

Bright is a new grandfather. He helps support his daughter and her two toddlers, and he supports his older brother who suffers from dementia. Bright has a home that his fiancée bought, but is “upside-down,” as he says, because of a predatory loan.

He’s one of the lucky ones though, as the military pays for his health care, and the negotiations don’t impact him as far as that goes. But he does worry about his pension, and thinks he may have to cut back on supporting his elderly brother and his grandchildren. Even with those cutbacks in his life, he’ll likely have to look for a part-time job as a car mechanic, he said.

While contemplating that future, his four-hour daily commute, and the new expectations BART asked of his crew to repair more cars in less time, he started to develop an ulcer.

“They’re short on people, and it’s cheaper for the managers to pay for overtime than to pay for another person,” he said. The stress pressed on him and one day at work he grew dizzy and collapsed. That’s when he started to be a little more Zen about what BART asked of him. But he still said it’s not right.

“Our shop is a mod [modification] shop, but we got tasked with doing preventive maintenance. Our shop isn’t set up for that,” he said. And that means workers who aren’t trained for that particular job are pushed to fix up cars when normally they’re doing an entirely different job. That can be dangerous, he said.

“We have to make sure that those trains not only run, we also have to make sure they’re safe,” Bright said. “Something could happen, like a panel popping off. It touches the third rail, it could catch on fire. If we could miss something… it could cause a derailment.”

As far as Bright goes, he said he’s seeing more people working overtime at the request of managers, working longer hours that could lead to unsafe conditions — not just for the mechanics, but for the people who ride BART every day.

 

PHYLLIS ALEXANDER

Phyllis Alexander has been with BART for 16 years in systems service, which she said basically means, “cleaning, cleaning, cleaning.”

“Wherever they need me, that’s what I do,” she said.

Alexander often starts her days cleaning the elevators and escalators at Powell Street Station, and if you’ve been reading the news lately, you know what that means.

She doesn’t mince words about it: “I clean the urine and the feces out of the elevators and make sure it’s clean and smelling good for the patrons.”

But Alexander doesn’t hold it against the homeless. When she first started at BART, she had little contact with them. But over the years, she’s made good friends out of some of the homeless at Powell and 16th Street stations, and the latter is where she sat and told her story.

“As the years passed, it got worse. People living in their cars on the streets, in their doorways. I’ve met a lot of wonderful homeless people, wonderful people,” she said. And as the years went by, it got harder for the cleaning crew, too. She’s one of two systems service folk who take care of Powell Street Station at any one time.

“Sometimes it can be tough, it can get hectic, but we get it done. It’s hecka huge, and there’s only two of us, but we have to do the best we can do.”

But she keeps with it for herself and her daughter.

Her daughter just finished medical school and is still living with her. Alexander makes about $52,000 a year, she said, and couldn’t figure out major cuts she’d make in her lifestyle to make room for paying more into her pension or health care.

“It would hurt me,” she said. She said that though people in the Bay Area demonize BART workers for wanting a raise, she feels it’s simply been too long since they’ve had one.

“I think I haven’t gotten a raise in two contracts. It’s been like seven or eight years,” she said.

Devoutly religious, ultimately she keeps faith that the workers will prevail in negotiations.

“(God) is going to bring this through,” she said. “This thing with management, it’s going to be all right.”

 

For the Record: Clearing up misinformation about BART workers

 

HEALTHCARE

BART workers pay only $92 a month into their health care. Right? Wrong. “That doesn’t tell the full story,” said Vincent Harrington, a lawyer representing the unions at the negotiating table. “These workers contributed 1.627 percent of their wages into a fund to cover not only the ongoing health care of active employees, but also the retirees.”

That brings the total to about $180 per person, he said, with a caveat. Some time ago, employer-provided health care was capped. “Additional (healthcare) costs beyond that cap would be on the workers and their families, not on BART,” he said.

 

PENSIONS

It’s true that BART workers don’t contribute to their pensions, but the entity responsible for that is BART management. In 1980, BART made the proposal to pay employee contributions to pensions in exchange for wage concessions from BART workers. The unions recently proposed to contribute 7 percent of their pension benefits, with wage increases of 6.5 percent to offset that. BART management said they’d agree, if the wage increase was lowered to 0.5 percent instead.

 

WAGES VERSUS COST

A database constructed by the San Jose Mercury News lists a BART employee’s full cost to the taxpayer — often at around $100,000. This is their “cost” to BART, not the wages they take home, a common mistake regularly made by angry online commenters. All employees everywhere, private or public sector, have a cost to their employer past their base salary.

According to Intuit.com, a web resource for small businesses, business owners should consider that each employee they hire will cost twice the amount of their wages. This is normal stuff, people. It’s wrong, and not factually significant, to demonize BART workers for costing more than their salaries.

 

OVERTIME

BART employees have also been villainized for working overtime. But these employees don’t necessarily want to work overtime at all, and often do it at the urging of managers who have slashed so many workers in the past decade that the only way the trains will run is if everyone puts in extra work. A worker at the Aug. 7 BART hearing said, “I go to work before my daughter wakes up, and I’m home from work when my daughter goes to sleep.”

Some mechanics we talked to said that working overtime can also lead to more injuries, and a higher possibility of mistakes that could cost riders their lives.

 

SAFETY

Since 2010, 1,099 BART customers reported being physically attacked, and so were 99 BART employees. Those station agents often work alone at night and just before dawn, the only staff in the entire station. They want extra staffing to help meet OSHA recommendations that employees work in pairs. They also want better worker’s compensation coverage. Saul Almanza, a BART representative from SEIU Local 1021 and a 17-year railroader, said “The area where [BART mechanic] Mr. [Robert] Rhodes was killed was very dark, and remains that way today. Look at the picture to the left, and that’s where Mr. Rhodes was standing as the southbound train proceeded through the interlock. It was dark and loud, and that’s where he was struck as he stood there with no place to go.”

 

BATHROOMS

One of the underreported asks at the bargaining table is unlocked bathrooms. Since the terrorist attacks of 9/11/01, many of the bathrooms at most BART’s stations have been locked. This prevents customers and workers alike from doing as nature intended. It’s a matter of respect and dignity to be able to do use a bathroom while at your workplace, said one BART worker, Jon Kozlosky, at the hearing. THE TRAINS DRIVE THEMSELVES One of the accusations we see on our comment board with every article is that since the trains drive themselves, the workers must have little expertise. But the drivers still carry out many functions of the trains. Besides, most BART workers toil behind the scenes: 920 of BART workers are drivers and station agents, but about 1,450 employees are in mechanical maintenance, clerical, and other jobs (like sanitation).

Activists urge Gov. Brown not to veto the Domestic Workers Bill of Rights again

5

Supporters of the California Domestic Workers Bill of Rights are gathering outside the State Capitol Building this afternoon (Tues/13), culminating caravans that began with rallies in a half-dozen cities (including San Francisco this morning), hoping to extend basic labor protections to the people who care for our children and grandparents and clean our homes.

Although activists want to reach members of the California Senate, where Assembly Bill 241 awaits approval after clearing the Assembly (it now awaits action by the Senate Appropriations Committee), their main target is Gov. Jerry Brown, who vetoed a similar bill last year.

As we wrote in an April cover story on the issue, “Do We Care?,” Brown cited concerns that extending overtime, minimum wage, and other basic labor standards to domestic workers — who, along with farm workers, are the only workers exempt from federal labor laws — could cause employers to lay off or reduce the hours of domestic workers.

Activists said they were insulted by that paternalistic approach. Nonetheless, the bill was modified to address some of those concerns, said Carlos Alcala, spokesperson for Assemblymember Tom Ammiano, who sponsored the bill last year and again this year. For example, he said it eliminated the need for state agencies to write new regulations to enforcement the measure.

“It now puts the rules into the code. There’s more than one way to skin a cat. If we write the rules, then the rules say what we want,” Alcala told us. Still, he said they’ve gotten no indications from the Governor’s Office that Brown would sign this version: “It’s really hard to read where he is, but the good thing is we’ve already been through this.”

Activists with the California Domestic Workers Coalition — which brings together domestic workers, their employers, labor unions, and progressive groups — say they’ve been lobbying the Governor’s Office but they don’t know where he stands.    

“Gov. Brown has not given any indication he’s going to sign the bill,” said Katie Joaquin, who is coordinating the campaign. “This caravan has involved numerous leaders from various communities urging Gov. Brown to work with us.”

Last tango: Investigators sort through BART’s labor impasse

123

Much of BART’s dirty laundry was aired at the first hearing on the negotiations in Oakland today, part of a seven-day investigation called by Gov. Jerry Brown after Sunday night’s talks between unions and management threatened the Bay Area with another strike.

The particulars of each side’s bargaining offers are normally hush-hush, but the hearing was a chance for the public to get a peek into what each side has been asking for. As the three-person panel on the governor’s fact-finding board sat at a long table facing the audience, management and unions sat on separate tables, much like that in a courtroom. 

Amid all the particulars of wages and economics, the unions levied  major allegations over safety concerns, saying that BART management hasn’t incorporated safety changes after the deaths of workers.

Saul Almanza, a BART representative from SEIU Local 1021 and a 17-year railroader, showed the board a set of photos of the places where BART workers had been killed on the job. 

“I’d like to start out with the picture with the part where Robert [Rhodes] was killed,” he said. “The area where Mr. Rhodes was killed was very dark, and remains that way today. Look at the picture to the left, and that’s where Mr. Rhodes was standing as the southbound train proceeded through the interlock. It was dark and loud, and that’s where he was struck as he stood there with no place to go.”

Almanza said that he brought up lighting improvements to his management at many levels, many times. When no improvements were made, that’s when the safety issues became a major point in bargaining, one sticking point that led to the four-day strike in early July. 

Paul Oversier, BART’s general manager of operations, made it a point to hammer home how pained the Bay Area was during the strikes, alleging that “people who depend on BART, who want to fill their prescriptions” may have been delayed, among others. 

He also touted some drastic numbers, saying the direct cost of the BART strike to the Bay Area was estimated at about $73 million per a weekday. 

“That doesn’t include empty tables at Bay Area restaurants, higher day care payments for working parents, or the  overall increase in personal stress throughout the region,” Oversier said. “None of these are counted in the economic model used for the BART strike.” 

But the union said that management did everything short of inviting them to strike, repeatedly used stalling tactics, making counter-offers that had changes of “point five percent” from their previous offers, and avoiding bargaining for as long as 33 hours at a time. 

Vincent Harrington has represented BART unions in contract negotiations since 1978, but he said this negotiation has had more hardball tactics than he’s seen in any negotiation. “This time around, we couldn’t even reach an agreement on ground rules,” he told the board. 

He also said that management used the media as a way to spread inaccurate information. He wanted to use the hearing as a chance to air the “facts versus myths.”

One commonly misreported figure is that BART workers pay only $92 per month into their healthcare, he said. “That doesn’t tell the full story. These workers contributed 1.627 percent of their wages into a fund to cover not only the ongoing health care of active employees, but also the retirees. There are 3,000 employees in the plans,” he said.

That brings the total to about $180 per person, he said, with a caveat. Some time ago, employer-provided healthcare was capped. “Additional costs beyond that cap would be on the workers and their families, not on BART,” he said.

Harrington also brought up a point of contention in negotiations that is familiar to regular BART riders: how bathrooms in the station are routinely locked and unavailable for use.
“We want BART to reopen bathrooms for patrons. We are not aware of a single transit station today that keeps the bathrooms locked. What does that mean for workers and our patrons? Where do they go? That means they relieve themselves in the stations,” he said. The bathrooms were locked since the 9/11/01 terrorist attacks at nearly every station. “We asked them to open them up. BART has said no.”

Management and the unions both presented their idealized BART systems, with management reiterating their need to invest in new trains and to control pension costs, and unions saying their workers deserve a living wage.

This will be the only public hearing day, and afterward the panel of Jacob Applesmith, Micki Callahan, and Robert L. Balgenort will put together a draft report for Brown, which is due Sunday. 

This could lead to a 60-day cooling off period where no strikes could take place, or Monday morning we could find ourselves with no BART trains and negotiations again at a standstill.

BART union negotiators said that they were willing to talk, and that they could even hammer out a deal with management by Sunday — if management is willing to bargain in good faith.

“It’s like a textbook on how to bargain but not actually be bargaining,” Harrington said. “It’s like a tango: you can’t do it by yourself very effectively.”

Any member of the public that wishes to send a comment about the BART negotiations may do so to communications@dir.ca.gov until 9am tomorrow [Thu/8]. The board said its report, once sent to the governor, would also be made public and likely available on the governor’s website.

 

 

 

From the mouths of BART workers; cleaning the dreaded escalators, skirting death

213

A reprieve in BART negotiations has given the Bay Area time to breathe before the next possible strike, but a lot of public concerns and animosity toward BART still remains. So the Guardian decided to take a look at BART workers themselves (we found them through their union) and ask, “How would your life change if the unions adopted BART management’s offers on safety, pensions, wages and health care?”

Note: The audio interviews are summarized in this post, but give them a listen to get a fuller picture of the impact of labor negotiations on worker’s lives.

First we met Robert Earl Bright, a 47-year-old transit vehicle mechanic at the Hayward yards, where he’s been for three years. BART trains seem tame compared to the machines he used to work with, as he started out as an Air Force mechanic working on cargo planes.

It’s that experience he draws from when he said BART’s policies are becoming increasingly dangerous.

Bright is tall but soft-spoken, and while we sat at a bench in a courtyard at Lake Merrit BART station, he talked about the shortcuts BART has taken lately, and how overtime and consolidation are bad practices for everyone involved.

There used to be specific workers called Power & Way controllers who looked out for workers on the train tracks and made sure they were safe, he said, but those responsibilities were consolidated into a separate train controller position. Since then, Bright saw the death of a colleague, a mechanic who switched from a graveyard shift to a day shift and was hit by an oncoming train.

Only after the death did BART take steps to ensure parts of the track where there was less clearance safe from trains were marked, he said.

“The problem is BART seems to wait until someone gets killed until they want to do something about it,” he said.

Bright is a new grandfather. He helps support his daughter and her two toddlers, and he supports his older brother who suffers from dementia. Bright has a home that his fiance bought, but is “upside-down,” as he says, because of a predatory loan.

He’s one of the lucky ones though, as the military pays for his health care, and the negotiations don’t impact him as far as that goes. But he does worry about his pension, and thinks he may have to cut back on supporting his elderly brother and his grandchildren. Even with those cutbacks in his life, he’ll likely have to look for a part time job as a car mechanic, he said.

While contemplating that future, his four-hour daily commute, and the new expectations BART asked of his crew to repair more cars in less time, he started to develop an ulcer.

“They’re short on people, and it’s cheaper for the managers to pay for overtime than to pay for another person,” he said. The stress pressed on him and one day at work he grew dizzy and collapsed, and that’s when he started to be a little more zen about what BART asked of him. But he still said it’s not right.

“Our shop is a mod [modification] shop, but we got tasked with doing preventive maintenance. Our shop isn’t set up for that,” he said. And that means workers who aren’t trained for that particular job are pushed to fix up cars when normally they’re doing an entirely different job. That can be dangerous, he said.

“We have to make sure that those trains not only run, we also have to make sure they’re safe,” Bright said. “Something could happen, like a panel popping off. It touches the third rail, it could catch on fire. If we could miss something… it could cause a derailment.”

As far as Bright goes, he said he’s seeing more people working over time at the request of managers, working longer hours that could lead to unsafe conditions — not just for the mechanics, but for the people who ride BART every day.


Phyllis Alexander, a BART systems service worker, cleans up in the Mission. Photo courtesy of Mark Mosher, SEIU 1021

Phyllis Alexander

Phyllis Alexander has been with BART for 16 years in systems service, which she said basically means, “cleaning, cleaning, cleaning.”

“Wherever they need me, that’s what I do,” she said.

Alexander often starts her days cleaning the elevators and escalators at Powell Street Station, and if you’ve been reading the news lately, you know what that means.

She doesn’t mince words about it: “I clean the urine and the feces out of the elevators and make sure it’s clean and smelling good for the patrons.”

But Alexander doesn’t hold it against the homeless. When she first started at BART, she had little contact with them. But over the years, she’s made good friends out of some of the homeless at Powell and 16th St. stations, and the latter is where she sat and told her story.

“As the years passed it got worse. People living in their cars on the streets, in their doorways. I’ve met a lot of wonderful homeless people, wonderful people,” she said. And as the years went by, it got harder for the cleaning crew, too. She’s one of two systems service folk who take care of Powell Street Station at any one time.

“Sometimes it can be tough, it can get hectic, but we get it done. It’s hecka huge, and there’s only two of us, but we have to do the best we can do.”

But she keeps with it for herself and her daughter.

Her daughter just finished medical school and is still living with her. Alexander makes about $52,000 a year, she said, and couldn’t figure out major cuts she’d make in her lifestyle to make room for paying more into her pension or health care.

“It would hurt me,” she said. She said that though people in the Bay Area demonize BART workers for wanting a raise, she feels it’s simply been too long since they’ve had one.

“I think I haven’t gotten a raise in two contracts. Its been like seven or eight years,” she said.

Devoutly religious, ultimately she keeps faith that the workers will prevail in negotiations.

“(God) is going to bring this through … this thing with management, it’s going to be all right,” she said.

Supporting unions helps all workers

0

EDITORIAL The San Francisco Bay Area has traditionally been very pro-labor, from the days when legendary longshoreman leader Harry Bridges led the San Francisco General Strike of 1934 to the modern era when labor unions have lent the muscle and money to myriad progressive reforms that San Francisco and California have proudly exported to the rest of the country.

But sadly, that sense of solidarity seems to be changing during these times of widespread economic anxiety, declining union membership, increasing urban gentrification, and a divide-and-conquer political climate created by both major parties. Too often, Bay Area residents are indifferent or even hostile to the plight of the working class.

We’ve seen it in the public reactions to the labor contract impasse and strikes at Bay Area Rapid Transit, whose unions staged a four-day strike that ended July 4 and which could resume again after a 30-day contract extension and cooling off period ends on Aug. 4. If the strike resumes — which seems likely at this point, disrupting commutes on a non-holiday workweek — the public’s anger and finger-pointing could be even worse than last time.

We heard similar resentments expressed in reaction to last week’s cover story (see “Striking Out,” July 24) about the stadium concession workers at San Francisco Giants’ games, who have been without a contract since 2010 and are even denied tip jars to supplement pay that is actually less than San Francisco’s minimum wage in many cases.

The common criticism is that these workers should just be glad to have a job, regardless of pay and benefits. And when it comes to the full-funded pensions of BART workers, critics rightfully point out that few of us enjoy that kind of retirement security.

But that criticism turns the real problem on its head. We all need far more retirement security than we have now, a reality that will hit hard in the coming years as the so-called “silver tsunami” breaks, leaving families and society to care for baby boomers who run out of retirement savings (which could happen quickly given that three-quarters of Americans aged 50-64 have less than $30,000 in retirement savings).

Bay Area residents should be supporting our brothers and sisters in organized labor, helping them so they can in turn help us, as SEIU Local 1021 and other unions are trying to do on the issue of retirement security for all (last year’s approval of SB1234 in California was a good start, but far more is needed).

When unions win good contracts, it generally increases wages and benefits in the region, even for non-union jobs (the opposite is also true, that wages stagnate when unions lose these fights), so it should be in our enlightened self-interest to support BART and Giants workers. Particularly during these times of economic uncertainty and woe, it’s important to overcome our resentments and stand in solidarity with our fellow workers — for their sake, for our own, and for the long-term best interests of our region and country.

Who killed City College?

news@sfbg.com

The day City College of San Francisco heard it would close was the same day, July 3, that 19-year-old Dennis Garcia signed up for his fall classes.

With a manila folder tucked under his arm, he turned the corner away from the registration counter and strode by a wall festooned with black and white sketches of every City College chancellor since 1935, including a portrait of bespectacled founder Archibald Cloud. In a meeting room on the other side of that wall, the college’s current administrators were receiving the verdict from the Accrediting Commission for Community and Junior Colleges.

It was their worst fears of the past year realized: City College’s accreditation was being revoked. Accreditation is necessary for the college to receive state funding, for students to get federal loans, and for the degree to be worth more than the paper it’s printed on.

Unbeknownst to Garcia, he walked out of the building just as the college received its death sentence, which is scheduled to be carried out next July unless appeals now underway offer a reprieve. In the interim, CCSF will essentially be a ward of the state, stripped of the local control it has enjoyed since Cloud’s days.

Just a few blocks down Ocean Avenue is the nerve center of City College’s teachers union. Housed in a flat above a Laundromat, the scent of freshly washed clothes wafted up the staircase to an office that instantly became a flurry of ringing phones and rushed voices.

Only an hour later, 10 or so union volunteers were calling their members, contacting nearly 1,600 City College faculty whose responses ranged from sad to furious. The volunteers read them bulleted factoids about accreditation and a call to join an upcoming protest march.

But the woes of City College reach deeper than a three line script could ever cover, and can be traced back to the oval office itself, leading to a really odd question: Did President Obama kill City College?

 

 

PRESSURE FROM THE TOP

When the president trumpeted education in his 2012 State of the Union speech, he sounded an understandable sentiment. “States also need to do their part, by making higher education a higher priority in their budgets,” Obama told the nation. “And colleges and universities have to do their part by working to keep costs down.”

But the specifics of how to cut costs were outlined by years of policymaking and a State of the Union supplement sheet given to the press.

The president’s statement said that they will determine which colleges receive aid, “either by incorporating measures of value and affordability into the existing accreditation system; or by establishing a new, alternative system of accreditation that would provide pathways for higher education models and colleges to receive federal student aid based on performance and results.”

The emphasis is ours, but the translation is very simple: College accreditation agencies can either enforce the administration’s numbers-based plan or be replaced. The president’s college reform is widely known and hotly debated in education circles. Commonly known as the “completion agenda,” with an emphasis on measurable outcomes in job placement, it had its start under President George W. Bush, but Obama carried the torch.

The idea is that colleges divest from community-based programs not directly related to job creation or university degrees, and use a data measurement approach to ensure two-year schools transfer and graduate students in greater numbers. “Community colleges” would quickly become “junior colleges,” accelerating a slow transition that began many years ago.

But its critics say completion numbers are screwy: They discount students who are at affordable community colleges just to learn a single skill and students who switch schools, administrator Sanford Shugart of Valencia College in Florida wrote in an essay titled “Moving the Needle on College Completion Thoughtfully.”

Funding decisions made from completion numbers affect millions of students nationwide — and CCSF has now become the biggest laboratory rat in this experiment in finding new ways to feed the modern economy.

“I think there was a general consensus that the country is in a position that, coming out of the recession, we have diminished resources,” Paul Feist, spokesperson for the California Community College Chancellor’s Office, told us. “Completion is important to the nation — if you talk to economic forecasters, there’s a huge demand for educated workers. Completion is not a bad thing.”

Like dominoes, the federal agenda and Obama’s controversial Secretary of Education Arne Duncan tipped the Department of Education, followed by the ACCJC, and now City College — an activist school in an activist city and an institution that openly defied the new austerity regime.

 

WINNING THE BATTLE

In the ACCJC’s Summer 2006 newsletter, Brice Harris — then an accreditation commissioner, now chancellor of the state community college system — described the conflict that arose when colleges rallied against completion measurements established by the federal government.

“In the current climate of increased accountability, our regional accrediting associations find that tight spot to be more like a vice,” Harris wrote.

Many of the 14 demands the ACCJC made of City College trace back to the early days of Obama’s administration, when local trustees resisted slashing the curriculum during the Great Recession.

“There’s a logic to saying ‘We don’t want to put students on the street in the middle of a recession,'” said Karen Saginor, former City College academic senate president. “If you throw out the students, you can’t put them in the closet for two years and bring them back when you have the money.”

And they have a lot of students — more than 85,000. Like all community colleges in California, the price of entry is cheap, at $46 a unit and all welcome to attend. But since 2008, the system was hammered with budget cuts of more than $809 million, or 12 percent of its budget.

So programs were cut, including those for seniors, ex-inmates re-entering society, or young people enrolling to learn Photoshop or some other skill without committing to a four-year degree.

“As the recession hit, the Legislature instructed the community college system [to] prioritize basic skills, career technical, and transfer,” Feist said. “That’s to a large extent what we did. That was the reshaping of the mission of that whole system.”

It’s easy to cast the completion agenda as a shadowy villain in a grand dilemma, but as Feist or anyone on the federal level would note, people were already being pushed out of the system, to the tune of more than 500,000 students since the 2008-09 academic year due to the budget crisis. Course offerings have been slashed by 24 percent, according to the state chancellor’s office.

But City College would only go so far. Then-Chancellor Don Q. Griffin raised the battle cry against austerity and the completion agenda at an October 2011 board meeting, his baritone voice sounding one of his fullest furies.

“It was obvious to me when I heard Bush … and then Obama talking about the value of community colleges … they’re going to push out poor people, people of color, people who cannot afford to go anywhere else except the community college,” he said.

But when it came to paying for that pushback, things got tricky.

“No more of this bullshit, that we turn the other way and say it’s fine. We’re going to concentrate the money on the students,” Griffin said at a December 2011 board meeting. “You guys are talking about cutting classes, we don’t believe in that. Cut the other stuff first, cut it until it hurts, and then talk about cutting classes.”

So he slashed his own salary and lost staff through attrition and other means. The college had more than 70 administrators before 2008, and it now has fewer than 40.

“Since the recession in 2009, we’ve been seen as the rebels,” said Jeffrey Fang, a former student trustee on City College’s board. “When most of the colleges went and made cuts in light of the recession, we decided to find ways to keep everything open while doing what we could to eliminate spending.”

But those successes in saving classes put City College on a collision course with its accreditor.

 

LOSING THE WAR

Seven years ago, the ACCJC found six deficiencies that it asked City College to fix, finding it had too many campuses serving too many students, fiscal troubles, and hadn’t enforced measurement standards. Last year, it faulted City College for resisting those changes and tacked on eight additional demands, threatening to revoke its accreditation.

Speaking on condition of anonymity, an official who worked closely with ACCJC as a member of one of the visiting accreditation teams told us there was pressure to crack down on all the Western colleges.

“The message they’re hearing from (ACCJC President) Barbara Beno is that Washington is demanding, ‘Why are you not being more strict with institutions with deficiencies that have lasted more than two years [and taking action] to revoke their accreditation?'” the source said.

This official said this may soon ripple to other accreditation agencies. “What’s anomalous about California is we’re getting to where everyone will be in a few years.”

The ACCJC’s next evaluation is this December, where it will be reviewed by the Department of Education. It wants to be ready, says Paul Fain, a reporter for Inside Higher Ed, a national trade publication.

“Washington writ large … is pushing very hard on accreditors to drive a harder line,” Fain told us. “There’s a criticism out there that accreditation is weak and toothless.”

The U.S. Department of Education declined to comment on the issue, saying only that it will formally respond to all officially filed complaints about ACCJC.

But the numbers speak volumes. As an ACCJC newsletter first described federal pressure back in 2006, seven community colleges in California were on probation or warning by the ACCJC. By 2012 that number leapt to 28.

But the California Federation of Teachers is fighting back, and recently filed a 280-page complaint about the ACCJC with the Department of Education.

The allegations were many: Business conflict of interest from a commission member, failure to adhere to its own policies and bylaws, and even the commission President Beno’s husband having served on City College’s visiting team, which the unions said is a clear conflict of interest.

Some people think it’s a waste of time, that City College has already lost.

“That process of fighting accreditation won’t succeed, it just forestalls the problem,” said Bill McGinnis, a trustee on Butte College’s board for over 20 years. He’s also served on many ACCJC visiting teams.

But the unions are making some headway. The Department of Education wrote a letter to the ACCJC telling them to respond in full to the complaints by July 8, as this article goes to press. The accreditor will soon be the one evaluated.

 

WHAT’S NEXT?

In the meantime, City College has exactly one year to reverse its fortunes: The loss of accreditation doesn’t actually kick in until July, 2014. A special trustee appointed by the state will be granted all the powers of the locally elected City College Board of Trustees to get with the federal program. Without voting power, the elected body is effectively castrated.

No one knows what that will mean for the college board, not even Mayor Ed Lee, who issued a statement supporting the state takeover and criticizing local trustees for not cutting enough. “The ACCJC is fundamentally hostile to elected boards and they’ve made that clear,” City College Trustee Rafael Mandelman told us. “The Board of Trustees should and may look at all possible legal options around this.”

Although officials say classes will proceed as normal for the next year, some aren’t waiting around to see if City College will survive.

At its last board meeting, the CCSF Board of Trustees grappled with how to address dwindling enrollment. As news of its accreditation troubles spread, City College has been under-enrolled by thousands of students, exacerbating its problems. Since the state funds colleges based on numbers of students, City College’s funding is plummeting by the millions.

A frightening statistic: When Compton College lost its accreditation in 2005 and was subsequently absorbed by a neighboring district, it lost half its student population, according to state records.

Even the faculty is having a hard time hanging on, said Alisa Messer, the college’s faculty union president.

“People are looking for jobs elsewhere already. Despite everyone’s dedication to see the college through, it has tried everyone and stretched them to the limit,” she told us.

The college has two hopes — that the CFT wins its lawsuit and can reverse the ACCJC decision, or that the new special trustee can somehow turn the college around by next July. But either way, something will be lost. “City College is definitely changing,” Saginor said. “What it will change into, and if those changes will be permanent, that I don’t know.”

Last train

steve@sfbg.com

Last week’s four-day strike by Bay Area Rapid Transit workers dominated the news and made headlines around the country, marking the latest battleground in a national war between public employee unions and the austerity agenda pushed by conservatives and neoliberals.

Of course, that wasn’t how the conflict was framed by BART, most journalists, or even the two BART unions involved, all of whom dutifully reported the details of each sides’ offers and counter-offers, the competing “safety” narratives (new security procedures demands by unions versus spending more on capital improvements than raises), and the strike’s impact on commuters and the local economy.

But once this long-simmering labor standoff seized the attention of a public heavily reliant on BART, fueling the popular anger and resentment increasingly directed at public employee unions in recent years, familiar basic storylines emerged.

At that point, the Bay Area could have been placed in Wisconsin, Ohio, Michigan, or Illinois — the most recent high-profile labor union battlegrounds, with their narratives of greedy public employees clinging to their fully funded pensions and higher than average salaries while the rest of us suffer through this stubbornly lingering hangover from the Great Recession.

Around water coolers and online message boards, there were common refrains: How dare those unions demand the raises that the rest of us are being denied! Pensions? Who has fully funded pensions anymore? Why can’t they just be more realistic?

When Bay Area residents were finally forced to find other ways of getting around, within a transportation system that is already at the breaking point during peak hours thanks to years of austerity budgets and under-investment in basic infrastructure, those seething resentments exploded into outright anger.

And those political dynamics could only get worse in a month. The BART strike could resume full strength on a non-holiday workweek if the two sides aren’t able to come to an agreement before the recently extended contract expires.

This is the Bay Area’s most visible and impactful labor standoff, and it could prove to be a pivotal one for the modern American labor movement.

 

BART AS BELLWETHER

Chris Daly was a clarion voice for progressive values while serving on the San Francisco Board of Supervisors from 2000-2010. Now, as political director of Service Employee International Union Local 1021, one of the BART unions, he says this standoff is about more than just the issues being discussed at the bargaining table.

“The terms and conditions of workers in the public sector is a buoy for other workers,” Daly told us, explaining how everyone’s wages and benefits tend to follow the gains and setbacks negotiated by unions. “The right understands this, which is why the right has been mercilessly attacking public sector workers.”

Ken Jacobs, chair of the UC Berkeley Labor Center, confirmed that union contracts affect the overall labor market. “When unions improve wages and benefits, it does have a ripple effect,” Jacobs said. He agreed that the outcome at BART could be a bellwether for the question, “As the economy comes back, how much will workers share in that prosperity?”

Demonizing public sector workers as greedy or lazy also serves to undercut the entire labor movement, Daly said, considering that public employees make up a far higher percentage of union members than their private sector counterparts. And during election time, it is union money and ground troops that typically contest wealthy individuals and corporations’ efforts to maintain or expand power.

“Labor is one of the main checks on unbridled corporate power, and public sector unions are the backbone of labor,” Daly told us.

So in that context, BART’s battle is about more than just the wages and benefits of train drivers and station agents, with their average base salary of $62,000, just barely above the area median income, and their demand for raises after accepting wage freezes in recent years.

Daly sees this as part of a much broader political standoff, and he said there are indications that BART management also sees it that way, starting with the $399,000 the transit agency is paying its lead negotiator Thomas Hock, a veteran of union-busting standoffs around the country.

“He has a history of bargaining toward strikes, with the goal of breaking unions,” Daly said, noting that Hock’s opening offer would have taken money from BART employees, with new pension and healthcare contributions outweighing raises. “It was a takeaway proposal when you add it up, while they have a $100 million surplus in their budget and the cost of living in the Bay Area is shooting up.”

But BART spokesperson Rick Rice told us that Hock is simply trying to get the best deal possible for this taxpayer-funded agency, and he denied there is any intention to break the union or connection to some larger anti-worker agenda.

“There is definitely a need to start funding the capital needs of the district,” Rice told us. “I don’t see that we’re pushing an austerity agenda as much as a realistic agenda.”

 

AUSTERITY AND EXPANSION

But Daly said the very idea that austerity measures are “realistic” excuses the banks and other powerful players whose reckless pursuit of profits caused the financial meltdown of 2008. The underlying expectation is that workers should continue to pay for that debacle, rather than bouncing back with the rebounding economy.

“They get in this austerity mindset, and we see it in every contract we’re negotiating,” Daly said, noting that capital needs and benefits have always needed funding, despite their elevation now as immediate imperatives. “You have good people with good intentions like [BART Board President] Tom Radulovich pushing this austerity mindset.”

Radulovich, a longtime progressive activist, told us he agrees with some of how Daly is framing the standoff, but not all of it. He said that BART is being squeezed into its position by unique factors.

Radulovich said that healthcare and pension costs really are rising faster then ever, creating a challenge in maintaining those benefit levels. And he said that Hock isn’t simply carrying out some larger anti-union agenda. “He’s negotiating what the district wants him to negotiate,” he said.

Radulovich said that while BART’s workers may deserve raises, most of BART’s revenues come from fares. “So it’s taking from workers to give to other workers,” Radulovich said. “It’s a little more complicated because it is a public agency and Chris is aware of that.”

Yet Radulovich acknowledged that BART has opted to pursue an aggressive expansion policy that is diverting both capital and operating expenditures into new lines — such as the East Contra Costa, Oakland Airport, and Warm Springs extensions now underway — rather than setting some of that money aside for workers.

“And for a lot of those, we were being cheered on by the [San Francisco] Labor Council, one of many ironies,” said Radulovich, who favors infill projects over new extensions. “These are some of the conversations I’ve had with labor leaders in the last few weeks, how we think strategically about these things.”

But if BART wanted to defeat the union, it may have miscalculated the level of worker discontent with austerity measures.

“What they didn’t plan on is some high-level Bay Area political pressure,” Daly said, referring to the local uproar over the strike that led Gov. Jerry Brown to send in the state’s two top mediators, who made progress and created a one month cooling off period before the strike can resume.

 

RETIREMENT SECURITY

One of the hardest issues to overcome in the court of public opinion may be the fully funded pensions of BART employees. “Times are changing, costs are escalating rapidly, and we’re asking for a modest contribution,” Rice said of BART’s demand that employees help fund their pensions.

Daly acknowledges the resentments about the pension issue, even though it was essentially a trap set for public employee unions back in the 1980s, when BART and other public agencies were the ones offering to pay for employee pensions in lieu of raises.

But rather than resenting public employees for having pensions, he said the public should be asking why most workers don’t have retirement security and how to fix that problem.

“At what point do we organize and demand retirement security for all workers?” Daly said, noting that SEIU is now leading that fight on behalf of all workers, not just its members. “What we ought to be talking about is how we restore the social contract.”

Jacobs confirmed that SEIU has indeed been pushing the retirement security issue at the state and federal levels. And it’s a crucial issue, he said, noting that just 45 percent of workers have pensions and that the average retirement savings is just $12,000.

“The retirement problem we have is not the pension crisis, it is the lack of pensions crisis,” Jacobs said.

That’s one reason that he said this standoff has implications that extend far beyond the Bay Area.

“The fight goes beyond these particular workers,” Jacobs said. “It’s an important set of negotiations and an important strike in terms of looking at what happens in this country as the economy improves.”

Daly agrees there’s a lot at stake, for more than just his members.

“Losing on this means we’d be hard pressed to win elsewhere, anytime,” Daly said. “It is important symbolically, and it is important to the strength and morale of the movement.”

 

Political Alerts

0

Thursday 4

San Francisco Mime Troupe: Oil and Water Dolores Park, 18thand Dolores, SF. www.sfmt.org. 2pm, free. This free performance by San Francisco’s beloved Mime Troupe actually incorporates two shorter plays, Crude Intentions and Deal with the Devil. Dealing with issues such as climate change, pollution, water scarcity and fossil fuel dependence, the plays involve a poisoned rainforest river, a senator mysteriously murdered in his office and, true to life, an oil refinery ablaze in the Bay Area.

 

Saturday 6

Laborfest bike tour of historic SF 518 Valencia, SF. (415) 608-9035, www.laborfest.net. noon-4pm, donation suggested. Led by local author and activist Chris Carlsson, this bike tour will delve into San Francisco’s working-class history, featuring stops at landmarks and tales of dozens of epic battles between owners and workers, culminating in the 1934 General Strike and its aftermath. Join this event for a different look at San Francisco labor history and a new perspective on San Francisco.

 

Sunday 7

Innocent! The case of Mumia Abu-Jamal 518 Valencia, SF. www.laborfest.net. 2-6pm, free. You may or may not know the story behind the campaign to free America’s most famous political prisoner, former Black Panther and revolutionary journalist, Mumia Abu-Jamal. But whatever your level of knowledge, here’s your chance to hear from experts including Rachel Wolkenstein, investigative attorney for Mumia; family spokesperson Bob Wells; Oakland Teachers for Mumia and ILWU organizer Jack Heyman of the San Francisco longshore union on the West Coast port shutdown organized in defense of Mumia.

Walking tour: Empires, Kings, and Labor Cable-car turnaround, Powell and Market, SF. commonwealth1234@yahoo.com, laborfest.net. 11am, free. Join this hour and fifteen minute tour of Union Square and surrounding blocks, where one can learn the history of labor struggles that unfolded in San Francisco. Tour is led by David Giesen.

 

Monday 8

Chinatown walk Portsmouth Square, Washington near Kearny, SF. www.laborfest.net. 10am, free. Join SF City Guide Mae Schoening in a walk through Chinatown to learn about Chinese labor history in California, where discrimination by governments and unions, sweatshops, housing issues and other problems have shaped experiences throughout the decades. Learn how immigrant labor struggled for fair treatment while mining gold, building railroads, and working in the garment and building trades. Meet inside Portsmouth Square Park in front of Parking Garage Elevators adjacent corner of Walter P. Lum Place and Washington.

BART on strike

BART drivers and maintenance workers went on strike after a weekend of negotiations failed to result in a contract agreement, essentially bringing the transit system to a halt.

The unions who moved ahead with the strike just as their contracts expired at the end of June 30 are SEIU 1021, representing about 1,400 BART inspectors and maintenance workers, and the Amalgamated Transit Union Local 1555, representing BART drivers.

This morning I stopped by Civic Center plaza, where union reps were camped out with signs and distributing fliers about the strike. I spoke with Karen Joubert, vice president of representation for SEIU Local 1021. She told me the ten-hour “negotiating session” that transpired at BART’s Oakland headquarters this past weekend was not really much of a negotiation at all. Instead of considering new proposals or hashing out details, little exchange took place between the union representatives and the transit agency, Joubert said.

“It’s been, come back at 1, come back at 3, come back at 6,” to no avail, she said. Since no progress was made, the workers went ahead with the strike they had authorized days prior, which was mounted due to concerns around safety issues, workers’ requested wage increases, higher health care costs, and pension contributions. (More background here.)

“We’re meeting this morning and we’re trying to get them back to negotiate,” Joubert said.

BART workers authorize strike

Note: This post has been updated from an earlier version.

Bay Area Rapid Transit workers, whose contract expires June 30, have authorized a strike if negotiations with the transit agency do not result in renewed contract terms that are acceptable to both sides.

“They just announced it. Both unions overwhelmingly supported a strike vote,” Leah Berlanga, chief negotiating officer for Service Employees International Union 1021, told the Guardian in a phone call this morning. Votes were cast yesterday, and the results have just come in.

SEIU represents about 1,400 BART inspectors and maintenance workers. The Amalgamated Transit Union Local 1555, which has also voted to authorize a strike, represents BART drivers.

For now, Berlanga said, SEIU and ATU remain at the negotiating table, and “we’re just focusing on reaching an agreement.” The contract is valid throughout June 30, so the earliest the transit workers could go out on strike would be Monday morning.

Contentious issues in the contract negotiations include workers’ request for raises, which haven’t been granted in years despite an uptick in ridership, and the agency’s insistence that employees pick up a share of their pension contributions.

Union representatives have emphasized that their primary concern is worker safety. Last week, SEIU filed an unfair practices labor lawsuit alleging that BART was not negotiating in good faith, pointing to worker safety as a central concern. “We’ve been talking about health and safety for the last four years. By law, health and safety is a mandatory subject of bargaining. Management has rejected every proposal we’ve put forward that addresses safety, and they are not bargaining in good faith,” Berlanga said. On June 25, unionized workers and supporters held a press conference outside the 24th Street BART station, nearby where an employee was struck and killed by a train in 2001. SEIU representatives have said this death was preventable, blaming it on poor lighting inside BART tunnels.

Antonette Bryant, president of ATU 1555, also emphasized safety issues. “We’ve had over 1,000 passengers assaulted and 99 workers assaulted,” she told the Guardian. “That’s something that we take very seriously. We want our work environment and riding environment on the BART to be safe.”

The agency is also trying to make changes to workers’ compensation programs, Bryant added, an issue that goes hand in hand with safety concerns. “They just give [compensation] to people that are hurt, they don’t make efforts to rehabilitate and bring these people back to work,” Bryant said. “We are trying to start a new program for this and they just don’t want to deal with it.”

Reached by phone, BART spokesperson Rick Rice told the Guardian, “We’re still confident there’s a deal to be had at the negotiating table. As far as I know, they are back at the table” after taking a break from negotiations yesterday, he said.

As of the morning of June 26, “We’ve gotten no notice from them” about when a strike could start, but “they’ve said publicly they’ll give 72 hours warning, and we would hope they would, for the sake of the riders.”

With regard to safety concerns, Rice said BART management meets weekly with union leaders on these issues and that the agency is planning to spend $4.5 million to replace lighting in train tunnels and had budgeted for “hundreds of new security cameras.” He said BART is asking employees to make higher contributions to their health care, and pay into their pension plans. He added that workers are requesting the equivalent of a 23.2 percent wage increase over the duration of the new contract. Rice did not have information about how this requested wage increase compares with the expected rise in the cost of living in the Bay Area, but said this was almost certainly a part of the conversation at the negotiating table.

Asked about the unfair labor practices suit, Rice declined to comment specifically on the allegations raised but stated, “We’re definitely at the table negotiating in good faith.”

Netroots Nation: How to make a comeback

At Netroots Nation the central focus on the how, and not so much the why. Everyone here knows why austerity is devastating, why women need ready access to birth control, and why blank-industrial complex is morally reprehensible. But not everyone necessarily knows how marriage equality made a comeback in 2012, or how one goes about convincing your Nebraska Republican farmer father to believe in climate change. At Netroots, your network is your net worth. 

A noteworthy panel of the day was “Moving the Needle: How We Won the Gay Marriage Fight,” spotlighting an issue where the left has made considerable progress. Remember the days when Feinstein was trying to stop Newsom from issuing gay marriage licenses? That was less than a decade ago; today, even Republican senators from Alaska endorse gay marriage.

In 2009, the pro-gay marriage team lost at the ballot by 33,000 votes, three years later the good guys won by 38,000. Ian Grady, communications director for Equality Maine, explained “that their main message of ‘equal rights for all’” lacked the emotional resonance to persuade swing voters and “left the LGBT community vulnerable to the civil unions argument.” In 2012 when Equality Maine pivoted to showcasing a marine talking about his two moms and a grandfather’s emotional speech about wanting to see his granddaughter get married, their research overwhelmingly showed that the impact of emotional persuasion. PR pro tip for liberals and progressives: evaluate and reevaluate ideas that look like no-brainers to you and know that style (communication) is just about as important as substance (ideas).

Closing out the first day was the pep rally! Liberal stalwarts Howard Dean and Barney Frank, activist Sandra Fluke, Speaker of the California House John Perez, Senator Jeff Merkeley, and a video appearance from Obama all reiterated the message, and provided a much-needed respite from the dysfunctional state of our government by reminding us of the progress our issues have made and inspired us to keep on keeping on.

Netroots Nation Stats:

# of Google Glass Sightings: 2

# of White people flubbing “Si Se Puede!”: 3

# of Ignored interview requests sent from me to Congresswoman Pelosi’s office: 4

# of Times I heard “The president is not perfect” or some variation there of: 6

# of Times some crazy guy called the American people slaves to Congressman Mike Honda’s staff: I lost count after 6.

# of points Chris Bosh and Mike Miller scored in game 7 of the NBA Finals: 0

# of New media/tech-oriented panels on day one: 12

Alerts

0

WEDNESDAY 12

Whose future? Community forum LGBT Community Center, 1800 Market, SF. sfbg.com, ccho@sfic-409.org. 6-8pm, free. In July, the Bay’s Regional governing body is scheduled to approve a state-mandated plan aimed at reducing carbon-emissions that proposes to put 280,000 more people, 92,000 new housing units, 100,000 new jobs (and 73,000 more cars) into SF over the next 30 years. By the proposed Plan’s own assessment: it will increase the risk of neighborhood disruption and displacement of existing residents and businesses, especially among the city’s working class communities. What can we do about it? Join Tim Redmond, San Francisco Bay Guardian; Mike Casey, Unite HERE Local 2; Cindy Wu, San Francisco Planning Commissioner; Maria Zamudio, Causa Justa: Just Cause; and others for this important panel discussion.

THURSDAY 13

Raising the Roof for Renters 111 Minna Gallery, 111 Minna, SF. tenantstogether.org/raisingtheroof2013. 6pm, $30 in advance/ $40 at the door. Tenants are hurting right now, so show your support by attending this fundraiser for Tenants Together — California’s statewide organization for renters’ rights. Celebrate five years of mobilizing tenants statewide for housing justice. Featuring a silent auction, fantastic food, and a cash bar.

SUNDAY 16

Teach-in: class struggle in Turkey Niebyl Proctor Marxist Library, 6501 Telegraph Ave., Oakl. (510) 428-1578. 10:30am-12:30 p.m., free with donation requested. On May 31, without warning, Turkey erupted. For the first time in recent history, women, students, workers, artists, youth, Kurds, Artists, Turks, gays-lesbians, Alevites, doctors, small merchants, environmentalists, unions and progressive associations rose up together. Mehmet Bayram, a long time journalist and Bay Area activist from Turkey, will report on the developments that led to the events and the aftermath. A discussion of politics and class struggle in Turkey will follow.

THURSDAY 20

Rally and protest against Keystone XL Battery East, below Golden Gate Bridge Visitor Center, SF. tinyurl.com/mf6m2ef. Noon, free. Join Bill McKibben of 350.org for a noon rally against the Keystone XL pipeline, followed by a march across the Golden Gate Bridge. This time, environmentalists seeking to halt this major oil infrastructure project will be joined by National Nurses United, who are organizing a day of action in the city against austerity and the Keystone XL.

Poor Scott Walker–the sun ain’t gonna shine anymore

18

Anyone that believes that merit and achievement in governing mean anything at all should stay away from Wisconsin.

The Badger state, cheesehead central, home to the Packers, Brewers, Bucks and Violent Femmes. Also home to perhaps the most dismal head of state in the US, Scott Walker.

(To any music fan, the image conjured up by “Scott Walker” is that of the legendarily reclusive, Jaques Brel-like vocalist. But I digress).

Having won the governor’s seat in that state without having said anything about busting up public employee unions, that’s what Mr. Walker aimed to do. And set off massive protests in Madison and escaped recall by the hair of his chinny chin chin. Walker’s claim is that unburdening the state of the pensions and bloated salaries would set off an economic wave of growth–and did it?

No. The state plummeted in job growth and real wages declined at twice the national level. 87,000 Wisconsins have been heaved off the state’s massively successful BadgerCare program, presumably to join all the other unemployed Wisconsins that were gainfully employed before Walker took office. 

One would think that given the state’s atrocious fiscal performance that Walker’s ambition to ascend would be over. Wrong again–he is considered a viable presidential candidate in 2016. How can this be?

It’s simple: To win over the Republican base, the most important quality a candidate can have is a gleeful sadism when it comes to people of modest means plus a directly proportionate propensity to salad toss the very wealthy (Walker was pranked figuratively doing same to the nation’s big bankroller of lunacy). Even though the vast majority of said base are people of modest means themselves. 

A few weeks ago, I noted polling that showed the Republican party at 59% disapproval, a record high. Recent polls have shown the GOP getting annihilated in 2016 by the AntiChrist herself, the only Republican that polls decently is perhaps their last sane figurehead. Which makes sense–if what turns your base on is pointless cruelty, then you really have become a “crazy clown cult”. Venerating a complete failure is exhibit A, case closed. 

 

No security

3

rebeccab@sfbg.com

To qualify for his job as a security officer, Jerry Longoria had to obtain a license, undergo a background check, and take a drug test. He’s required to wear a suit to work. He’s stationed at a downtown San Francisco high rise that houses Deloitte, a multinational consulting, finance, and real-estate firm that reported $31.3 billion in revenues last year. His employer is Universal Protection Services, a nationwide security contractor with a slick online marketing pitch emphasizing that all guards are “electronically supervised around the clock,” and “kept accountable on the job through our 24-hour command center.”

If an intruder showed up at his office building brandishing a firearm, it would be Longoria’s problem; that’s the job. Nevertheless, he says he doesn’t earn enough to cover rent for an apartment in San Francisco. Instead, he stays in a single room occupancy hotel near Sixth and Mission streets, an area known for a high rate of violent crime. Walking home still wearing the suit makes him stand out on the street.

He’s lived in the 150-unit building, which has shared bathrooms and a shared basement-level kitchen, for 11 years. “It’s affordable for me, and it allows me to be closer to work,” he explains. He can’t afford a car, and says a public transit delay could prove disastrous if he relocated outside the city. “If you’re late to your post, you get fired.”

At press time, about 7,000 security officers throughout the Bay Area and Los Angeles were gearing up for a strike that could begin any day. Members of United Service Workers West, affiliated with Service Employees International Union, authorized their bargaining committee to call for the work stoppage because officers have been without a contract since the end of 2012.

The starting wage for a security officer is $14 an hour in the city, which comes to slightly more than $29,000 a year before taxes. In some places that would be sufficient to meet basic needs. In San Francisco, where the median market rate on rental units recently peaked above $3,000 a month, it doesn’t go very far. “With the cost of living here in San Francisco, $14 an hour is simply not enough to make ends meet,” Kevin O’Donnell, a USWW spokesperson, told us.

The security officers’ threats to strike coincided with a second worker action in the Bay Area last week. Despite lacking any form of union representation, Walmart associates from stores in Richmond, Fremont, and San Leandro affiliated with the nationwide organization OUR Walmart joined 100 employees from across the country in walking off the job and caravanning to Bentonville, Arkansas to raise awareness about their poverty-level wages and insufficient benefits at Walmart’s annual shareholders’ meeting. But first, they paid a visit to the Four Seasons in downtown San Francisco, which houses the 38th floor penthouse apartment of Yahoo CEO Marissa Mayer, a Walmart director.

Despite seeking full-time working opportunities and staying with the company for years, a handful of associates we interviewed said they can’t earn enough at Walmart to cover basic needs, so they rely on government assistance or help from extended family to make ends meet. Some said they had witnessed their coworkers get fired after participating in OUR Walmart activities.

Walmart associates in the Bay Area are in a considerably more precarious situation than the security officers, earning lower hourly wages. But in the pricey Bay Area, security officers, Walmart employees, and scores of other low-wage private sector workers all share something in common. Despite reporting to work every day and working long hours in many cases, they’re forced into impoverished conditions due to economic circumstances, while a middle-class existence remains far out of reach.

FIGHTING FOR STABILITY

ABM Security and Universal Protection Services are the largest employers in the private security contractor industry; in the Bay Area, the majority of guards are stationed at office buildings in downtown San Francisco. On May 30, Supervisors John Avalos, David Campos, David Chiu, Jane Kim and Scott Wiener all voiced support for the guards at a rally outside City Hall. “Better working conditions for security officers mean more stable, family-supporting jobs, less turnover, and more ability to handle challenges at work,” Avalos said.

Matt Roberts has been working as a security officer for years, and originally moved into his unit in a San Francisco SRO in a financial pinch. “I figured, I’ll get out of this rut eventually. And here I am, seven years later, still paying $1,000 a month for a space that’s really not much bigger than a walk-in closet,” he told us. Roberts was terminated recently, and believes it’s because he spoke up to his site director about workplace issues his fellow guards felt needed to be addressed.

In Roberts’ view, the situation he’s found himself in is reflective of the broader erosion of the middle class, which is particularly acute in an area with a soaring cost of living. He was born and raised in San Francisco’s Crocker Amazon district, with a father who worked as a firefighter and a mother who worked as a clerk typist at the Cow Palace.

“They were able to achieve the American dream,” he said. “They had a house, they paid their mortgage off in 25 years, they were able to send me and all my three siblings to good schools. I realized when I was still in my 20s that I’m probably going to be a renter the rest of my life. The American dream is totally eclipsing my generation.”

Keven Adams, a security officer of 23 years who lives in Oakland, also attended the City Hall rally on May 30. “We’re fighting for wages, health care, and stability in the workplace,” Adams said. “We’re in a city we love so very much, but the community and the middle class is shrinking.” Adams said he was once held at gunpoint for four hours during a work shift. He’d love to live in San Francisco, he said, but can’t afford it.

According to a June 3 media advisory, unions throughout the Bay Area were preparing to demonstrate support for the security officers as they geared up to strike. “The support could come in the form of workers attending rallies, non-violent civil disobedience or perhaps even non-security workers refusing to cross picket lines,” according to USWW, “and walking off their own jobs in solidarity.”

‘STAND UP, LIVE BETTER’

Among the small group of protesters who had assembled on the sidewalk far below Mayer’s San Francisco penthouse on May 29 were associates who had taken the drastic and unusual step of going on strike from Walmart — the nation’s largest private employer. Clad in bright green shirts and waving signs, they chanted, “stand up, live better,” a play on Walmart’s slogan, and also, “What do we want? Respect.”

Dominic Ware, who works part-time at a Walmart in San Leandro, led chants and sounded off on a megaphone about the need for greater respect in the workplace. Ware, who’s been involved with OUR Walmart activities on a national level, said he earns $8.65 an hour and stays with his grandmother, since his paycheck isn’t enough to cover rent. He estimated that roughly half his earnings go directly back to Wal-Mart, where he purchases groceries and other basic items. Asked what motivated him to strike, Ware mentioned his daughter, who turned eight on June 1. “What if she has to work there some day?”

He added that some elderly colleagues were experiencing problems such as being unable to get a shift changed so as to catch a bus home at the end of the night. Another one of his coworkers was let go after it became clear to management that he was participating in OUR Walmart activities, Ware said.

While only a tiny fraction of Walmart’s 1.4 million workers took action to strike, their campaign appears to resonate in high places. A report recently released by the Democratic staff of the U.S. House Committee on Education and the Workforce seized on Walmart’s low wages, emphasizing that so many of its workers are forced to turn to government assistance that it is resulting in a collective drag on taxpayers.

“Rising income inequality and wage stagnation threaten the future of America’s middle class,” the report notes. “While corporate profits break records, the share of national income going to workers’ wages has reached record lows. Walmart plays a leading role in this story. Its business model has long relied upon strictly controlled labor costs: low wages, inconsiderable benefits and aggressive avoidance of collective bargaining with its employees. As the largest private-sector employer in the U.S., Wal-Mart’s business model exerts considerable downward pressure on wages throughout the retail sector and the broader economy.”

Solomon: Obama in Plunderland: Down the corporate rabbit hole

0


By Norman Solomon

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” He writes the Political Culture 2013 column.

The president’s new choices for Commerce secretary and FCC chair underscore how far down the rabbit hole his populist conceits have tumbled. Yet the Obama rhetoric about standing up for working people against “special interests” is as profuse as ever. Would you care for a spot of Kool-Aid at the Mad Hatter’s tea party?

Of course the Republican economic program is worse, and President Romney’s policies would have been even more corporate-driven. That doesn’t in the slightest make acceptable what Obama is doing. His latest high-level appointments — boosting corporate power and shafting the public — are despicable.

To nominate Penny Pritzker for secretary of Commerce is to throw in the towel for any pretense of integrity that could pass a laugh test. Pritzker is “a longtime political supporter and heavyweight fundraiser,” the Chicago Tribune reported with notable understatement last week, adding: “She is on the board of Hyatt Hotels Corp., which was founded by her family and has had rocky relations with labor unions, and she could face questions about the failure of a bank partly owned by her family. With a personal fortune estimated at $1.85 billion, Pritzker is listed by Forbes magazine among the 300 wealthiest Americans.”

A more blunt assessment came from journalist Dennis Bernstein: “Her pioneering sub-prime operations, out of Superior Bank in Chicago, specifically targeted poor and working class people of color across the country. She ended up crashing Superior for a billion-dollar cost to taxpayers, and creating a personal tragedy for the 1,400 people who lost their savings when the bank failed.” Pritzker, whose family controls Hyatt Regency Hotels, has a vile anti-union record.

Commerce Secretary Penny Pritzker? What’s next? Labor Secretary Donald Trump? SEC Chairman Bernie Madoff?

The choice of Penny Pritzker to run the Commerce Department is a matched set with the simultaneous pick of Tom Wheeler — another mega-fundraiser for candidate Obama — to chair the Federal Communications Commission.

With crucial decisions on the near horizon at the FCC, the president’s nomination of Wheeler has dire implications for the future of the Internet, digital communications and democracy. For analysis, my colleagues at the Institute for Public Accuracy turned to the progressive former FCC commissioner Nicholas Johnson, who called the choice “bizarre.”

“There is no single independent regulatory commission that comes close to the impact of the FCC on every American’s life,” Johnson said. “That’s why Congress, in creating it, characterized its mission as serving ‘the public interest’ — an expression used throughout the Act.

But with countless billions of dollars at stake, the corporate fix was in. As Johnson pointed out, “Wheeler’s background is as a trade association representative for companies appearing before the Commission, a lobbyist in Congress for other FCC customers, and a venture capitalist investing in and profiting from others whose requests he’ll have to pass on. He has no record, of which I am aware, of challenging corporate abuse of power on behalf of consumers and the poor.”

But wait. There’s more. “Nor does Wheeler’s membership on the president’s Intelligence Advisory Board bode well for those who believe Americans’ Fourth Amendment privacy rights should be getting at least as much attention as the government’s perceived need to engage in even more secret snooping.”

To urge senators to reject the nominations of Pritzker and Wheeler, click here.

Meanwhile, at the Securities and Exchange Commission, Obama’s recent appointment of Wall Street insider Mary Jo White as SEC chair is playing out in predictable fashion. Days ago, in an editorial, the New York Times faulted her role in an SEC decision on regulating the huge derivatives market: “Last week, in her first commission vote, Ms. White led the commissioners in approving a proposal that, if finalized, could leave investors and taxpayers exposed to the ravages of reckless bank trading.”

We need to ask ourselves how the forces of corporate capitalism have gained so much power over government, to the extreme detriment of people who aren’t rich. Humpty Dumpty’s brief dialectical exchange with Alice is on point

“When I use a word,” Humpty Dumpty said, “it means just what I choose it to mean — neither more nor less.”

“The question is,” Alice replied, “whether you can make words mean so many different things.””The question is,” Humpty Dumpty responded, “which is to be master — that’s all.

Denunciations and protests against the dominant power structure are essential. And insufficient. For the body politic and the potential of democracy, accommodating to the Democratic Party leadership is a deathly prescription. So is failure to fight for electoral power by challenging that leadership, fielding genuinely progressive candidates and organizing to win.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” He writes the Political Culture 2013 column.

(The Bruce Blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian, and co-founder and editor and co-publisher with his wife Jean of the Bay Guardian, 1966-2012, now retired.)

Young, creative people who work hard

173

I almost don’t know what to say, except: Finally, someone admits it.

Rebecca Pederson, writing in The Bold Italic, explains why she actually likes the idea that San Francisco is becoming so expensive that thousands of longtime residents are being forced out; see, if it’s more expensive to live here, then young, creative people will work harder:

People who want to make a living here from their creative work should have to hustle; it makes the successes much more meaningful.

Ah, yes. “Hustle.” So all the older people who are, say, not trained in the tech field, or might be disabled and unable to “hustle,” or the single parents who “hustle” all the goddam day just to keep the family together, or all the “creative” people who work for nonprofits or (gasp) are artists — and trust me, they “hustle” as much as any tech worker … they don’t get to live here any more. Because

We can’t afford to walk barefoot around Golden Gate Park and write half-sonnets about trees. This city’s too expensive now.

I don’t know anyone who thinks we still live in the Beat era. I don’t know anyone who has ever written a half-sonnet about trees, and nobody with any sense of public health walks barefoot in Golden Gate Park. Get a clue.

But I do know a whole lot of people, including some who work for websites, who are seeing their lives and their community destroyed by rising prices — which are due primarily to greed in the real-estate industry.

I don’t think all tech workers are anywhere near as dumb as Rebecca Pederson, but I do see a lot of her attitude around: We are young and have money, and you are old and in the way. That’s capitalism.

The “older people are losers” attitude was the worst part of the Sixties ethos (although disdain for labor — often reciprocated by conservative unions — was pretty bad, too.) This is a big city, with a diverse population. Not everyone is healthy and able to “hustle.” Not everyone is young and carefree. Please, my friends: Have respect for the community you recently dropped into.

Yes, I was a San Francisco immigrant, too, in a different era, and I know things will always change, but I don’t remember my young friends believing that they were by nature better and smarter than the people who already lived here. It’s called respect.

 

 

The Ro Khanna party

17

When Ro Khanna, a young, energetic intellectual property lawyer, ran for Congress against Tom Lantos, he was the candidate of the progressives. I liked Khanna, and appreciated his willingness to take on the almost unheard-of task of challenging a longtime incumbent in a Democratic primary. At that point, in 2004, the big issues were the war and the PATRIOT Act, and Khanna was against both. Lantos, who was always hawkish on defense issues (and a die-hard supporter of Israel, no matter what the Israeli government was doing), was clearly out of touch with his district. But Khanna never got much traction, and he lost pretty badly.

Now he’s back, in a new era of top-two primaries (which has its own problems), and in a different district. He’s taking on Mike Honda, who, like Lantos, has been around a while, and hasn’t faced serious opposition in years.

And this time around, it’s not Matt Gonzalez and the left supporting Khanna — it’s Lite Guv Gavin Newsom, who beat Gonzalez for mayor of SF, along with Ron Conway and the tech industry. And  instead of talking about failed US military policies, he’s talking about bringing the interests of Silicon Valley to Washington:

“The premise of this campaign is quite simple,” Khanna told the crowd. “We’ve had quite brilliant people…use technology to change the world. And it’s time that we actually change politics, that Silicon Valley has the potential to do this.” “It’s not just about having a tech agenda. This is about something much deeper — our values, and our ability to use those values to change Washington and the world,” he told them.

Now: It’s not as if Mike Honda has been horrible to Silicon Valley. He’s been involved in all sorts of tech-related issues. But he’s of a different generation, and however stereotypical it may be to say it, there’s a certain level of ageism in the tech world right now. Honda is old; the wealth in the tech world is overwhelmingly young. Politico notes:

Khanna’s decision to take on Honda also reflects a long-standing frustration among many young California pols who have been patiently waiting for older members to exit the state’s congressional delegation. Last year’s induction of an independent redistricting committee and a jungle primary system in which the top two finishers in an open primary advance to the runoff regardless of party affiliation, helped push many senior members into retirement.

Oh, and Honda is very much a pro-labor guy. And tech firms are almost never unionized, and their owners and workers don’t tend to have the same sympathies for labor unions as young activists did 20 years ago.

Politico doesn’t give Khanna much of a shot; it’s going to be a tough battle. Honda’s been around the district forever, and has no apparent scandals or gaffes (and unlike poor Pete Stark, he doesn’t seem to be losing his marbles).

But money talks, and Khanna’s got a lot of it — and in some ways, this will be a new-money-v.-old-Democratic Party, tech v. labor kind of battle that will say a lot about where Bay Area politics are going as the region’s population, and wealth, are dramatically and rapidly changing.

Is Larkin Street Youth Services using public funds to fight a union organizing drive?

57

Larkin Street Youth Services does great and important social work with homeless youth in San Francisco, for which it receives generous support from city taxpayers, as well as federal grants. That’s why its employees and some prominent local officials are questioning the organization’s aggressive, deceptive, and anti-union resistance to the request by a majority of its 88 employees to be represented by Service Employees International Union Local 1021.

A majority of employees submitted an organizing petition on April 8, asking LSYS Executive Director Sherilyn Adams to honor the request and recognize card check neutrality, as other local city-supported nonprofits have done, such as Tenderloin Housing Clinic. But SEIU organizer Peter Masiak said Adams refused to even discuss it, leading the National Labor Relations Board to set a mail-in ballot election that begins May 21.

“That was two months she was able to buy by forcing this election,” he told us.

Adams and LSYS management have used that time to try to undermine the organizing effort with staff meetings and mailers that criticize SEIU in particular and the labor movement in general, using misleading scare tactics about the costs of organizing.  

“In my view, if employees become represented by a union, our organization will be significantly impacted, and not for the better,” Adams wrote in an April 23 email to staff announcing the NLRB election. LSYS management has also posted flyers with inaccurate information on the costs of joining the union and dated information about a contentious contract impasse between Local 1021 and its workers that has [since been settled. CORRECTION: Local 1021 workers rejected that settlement, with negotiations scheduled to restart May 21].

“They have been engaged in an anti-union campaign and hired outside counsel to fight this,” Masiak told us, noting how inappropriate such actions are for an organization that gets the vast majority of its funding from government grants. “I think it’s a misuse of these funds.”

Some public officials agree, including Assembly member Tom Ammiano and Sup. John Avalos, who have written letters to LSYS criticizing the tactics and urging Adams to recognize the union.

“Their desire to have a voice on the job and develop professionally in a supportive environment should be celebrated by LSYS management,” Ammiano wrote to Adams on April 30, noting his long history of advocating for increased city funding of the organization. “Unions are an important voice for employees regarding salary, benefits, working conditions, and many other issues. I strongly encourage you to accept card check recognition, to remain neautral during your employees’ organizing efforts, and not to use public funds on anti-union attorneys or consultants, so that your employees may make their own decision on whether or not to form a union.”

Eva Kersey, who works in LSYS HIV-prevention programs and helped organize the union drive, said it was driven by concerns about low wages, poor benefits, and the belief that “we don’t have a meaningful voice in how our programs are run,” she told us.

Kersey said she was disappointed at how management has reacted to the organizing drive. “What was most surprising is the general lack of respect we’ve gotten as workers and an organizing committee,” Kersey said, citing belittling management statements about how employees were being manipulated by the desperate union. “We’ve put a lot of work into this and put ourselves out there in a lot of ways.”

But Kersey believes support for the union has only grown and that LSYS employees — who are used to cutting through the bullshit they hear from troubled teens — haven’t been swayed by the speeches, flyers, and emails from management.

“I don’t think they’re very effective. They’re pretty one-sided,” Kersey said.  

Adams did not return our calls for comment, but had LSYS spokesperson Nicole Garroutte respond by asking for questions in writing, and we provided a list raising the issues and concerns expressed in this article. She didn’t answer the questions directly but offered this prepared statement: “Thank you for your interest in Larkin Street and, in particular, the election process that is currently underway. Out of respect for all of our employees and to help ensure a fair and independent process, we will confine our response to reaffirming the high degree to which we value our staff and the faith that we have in their ability to make informed individual decisions regarding the election. We recognize that there are expected differences of opinions regarding the preferred labor-management model, but we are confident that we all share a mutual passion for our mission and, most importantly, for assisting to our fullest potential the vulnerable clients we serve. We would be happy to talk further after the election process is concluded.” 

Masiak said the ballots will be mailed out May 21, they must be returned by June 5, and they will counted June 6.