SEIU Local 1021

BART standoff continues as board modifies contract

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The BART Board of Directors voted 8-1 on Nov. 21, with conservative young Director Zakhary Mallett in dissent, to approve a hard-won contract with its unions, after removing Section 4.8, the paid family leave section that the district says was inserted by mistake.

The motion also directed management to negotiate a settlement over that issue with its unions, which have already approved the contract and now must decide whether they are willing to do so again without that provision or whether the possibility of another BART strike is once again looming.

The next day, BART’s largest unions, SEIU Local 1021 and ATU Local 1555, issued a joint statement: “We consider the Board’s actions to be unprecedented and illegitimate, and we’re considering our next steps, including possible legal action. The BART Board of Directors has disregarded the vote of more than 2,000 BART workers and has chosen to subvert the collective bargaining process, and we take their actions seriously.”

After meeting in closed session for about two hours, Vice President Joel Keller began the open session with a motion to remove Section 4.8 from the contract, approve the rest, and direct management to negotiate with the unions.

Mallett, the 25-year-old newbie who lives in unincorporated West Contra Costa County but whose District 7 includes part of San Francisco, spoke first: “Even before this hiccup, I was not in the position to support this contract. I find it too costly.”

But he was the only one to take that stance, with the rest of the directors calling the underlying contract a fair compromise, even if all said they couldn’t support the paid family leave provision that would add anywhere between $4 million and $44 million to a contract that was already going to cost the district an additional $67 million.

Director Gail Murray noted that the unions had given up raises for years when BART had budget deficits, and now that the district is running surpluses, it’s reasonable to give workers raises that amount to about 2 percent per year for four years.

“Our employees kept the system going…They’re the reason why we keep 40-year-old cars still running,” Murray said, later adding, “To say this contract is not a good contract is wrong.”

The rest of the board agreed, even while acknowledging it is more than they hoped to pay given the district’s capital needs and aggressive expansion plans.

“We’re probably paying more for this than we anticipated we would pay, and labor is probably giving up more than they want to, but that’s the nature of collective bargaining,” Keller said, who also began what turned into a chorus of criticism for how district negotiators signed off on a provision the board never agreed to.

“We ended on a sloppy note and that’s regrettable,” Keller said, pledging that if he’s elected president next month — an ascension that is customary for the vice president — he plans to launch a full investigation into what happened.

“I’m pained that we put ourselves in such adversarial positions with each other and that we lost the lives of two employees,” Director John McPartland said of the protracted labor negotiations and the fatalities that occurred while the unions were on strike Oct. 19. He called the contract “more than fair and equitable.”

Director James Fang, who represents western San Francisco, sounded the strongest criticisms of BART management and negotiators. “Yes, it was a mistake, but nobody has come forward and said ‘there was a mistake and I’m responsible,” Fang said, later adding, “The ones who signed this must be held to account.”

Fang then went further, albeit without specifics, when he said, “Every bit of management advice we’ve received has not worked out to the district’s best interests.”

Director Robert Raburn echoed Fang’s calls for accountability: “I’m still not clear on how that [contract provision] arrived and it hasn’t been accounted for by anyone at the district who said ‘I am responsible.'”

But he also said that the provision was clearly an error and not something arrived at through the negotiations: “Both parties agreed on a $67 million package and we should keep that intact because it’s fair.”

Reached by the Guardian while union leadership was conferring to plan next steps, SEIU Local 1021 Political Director Chris Daly told us, “We are about as up in the air as we’ve ever been.”

He called it “unlikely” that union leadership would simply submit the board-revised contract to an up-or-down vote by union membership, saying that he doesn’t think it would be approved.

And Daly echoed the concerns expressed by several BART directors about how this mistake happened and why nobody has taken responsibility or been held accountable: “If I were on that board, I’d have the general manager’s head, there’s no two ways about it.” (Steven T. Jones)

SF General reduces psych care

A 22-bed psychiatric unit at San Francisco General Hospital will be taken out of service, and reopened only if the facility experiences a high caseload of patients exhibiting the worst signs of psychiatric crisis.

As of Nov. 19, five patients were receiving care in that unit, 7B, according to spokesperson Rachael Kagan. None had symptoms that rose to the level of requiring acute care. Instead, they were classified as sub-acute patients, a distinction that essentially means they didn’t present an immediate threat to themselves or others.

But under a new policy that will take effect after they have been released, all 22 beds in 7B will be closed — unless they are needed for acute patients who do reach that critical threshold. The unit will be staffed only if patients can’t be accommodated in the hospital’s other acute psych unit, which has 21 beds.

The decision was made in response to a changing financial picture under federal health care reform, Kagan explained.

“There is a big push … to ensure hospitals are only providing acute care,” Kagan said, and this trend is driving efforts to reduce sub-acute patients. “It fiscally makes more sense,” she added, because insurers pay higher rates for acute care than for lower levels of treatment.

Yet some hospital staff members are nervous about the implications of this shift, because it means fewer patients will be able to access psychiatric care at SF General unless they represent a danger to themselves and/or the general public — at a time when demand for these services is on the rise.

“To us, it’s a matter of priority for the city,” said Brenda Barros, an employee at SF General who is active with hospital union SEIU 1021. “Do you want to take care of these people, or don’t you?”

Some staff members are doubtful that 7B will reopen. An internal SF General memo issued Nov. 18 informed the 7B staff: “Our census will be gradually reduced until we won’t have any more patients. Then 7B will be closed.” The memo added, “this came from [SF General CEO] Sue Currin due to budgetary constraints.”

However, a second internal memo went out the following day, to “clarify” the first one. In that message, Nursing Director Kathy Ballou wrote: “We are not closing psych beds or any beds.” Instead, beds in 7B would be closed unless “we get acute patients needing that level of care,” she wrote. “As in other hospitals, we are accountable to our operating budget.”

Further complicating matters, said Barros, is that patients can fluctuate rapidly between needing acute care and a lower level of attention. “They absolutely can swing back and forth.” She added that patients initially requiring a lower level of care could experience worsening conditions if they’re unable to secure an appointment in time to get help, and delays are very common.

Kagan emphasized that the unit wasn’t being closed down, but did confirm that sub-acute patients would no longer be able to receive treatment in 7B. Instead, those patients will be placed with various service providers throughout the city, she said. “The goal is to move the patients to their appropriate placement.”

Meanwhile, this shift coincides with an overall rise in citywide demand for psychiatric services. According to a report delivered to the Police Commission earlier this year, SF General had 6,293 patient admissions for psychiatric holds in 2012, a sharp increase from 5,837 in 2009.

While there were deep cuts to the city’s Department of Public Health during the economic downturn, Mayor Ed Lee has recently trumpeted a boost to city coffers thanks to growing economic activity. But if the city’s financial health has improved, it seems odd that its safety-net hospital would be put into the position of reducing psych care due to budgetary pressures when that kind of care is sorely needed.

For Barros, it’s a matter of whether or not city officials will decide to allocate more funding for mental health services. “If they don’t have enough money in Public Health,” she said, “then they need to put more into Public Health.” (Rebecca Bowe)

BART board approves labor contract, minus the district’s “mistake” UPDATED

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The BART Board of Directors has voted 8-1, with conservative young Director Zakhary Mallett in dissent, to approve a hard-won contract with its unions, after removing Section 4.8, the paid family leave section that the district says was inserted by mistake. The motion also directed management to negotiate a settlement over that issue with its unions, which have already approved the contracts and now must decide whether they are willing to do so again without that provision or whether the possibility of another BART strikes is once again looming.

Shortly after the meeting, SEIU Local 1021 Executive Director Pete Castelli issued the statement saying, “We’re disappointed that the BART Board of Directors had decided not to fulfill their commitment to the workers and the riders by approving contracts without the provision on family medical leave. The unions have voted on and ratified these contracts in their entirety.”

He accused the district of over-inflating the cost estimates of the family leave provision and said the unions were willing to discuss it, but the district instead chose “to prolong the process and hold the fate of the riders, the workers, and the Bay Area in the balance.”

“Right now we are considering all options, meeting with workers who have ratified this contract, and working to find a way to reach a resolution to BART management’s alleged mistake in the agreement it made with its workers,” he said.

After meeting in closed session for about two hours this morning, the BART board opened the meeting up around 11:45am to discuss and vote on the contract. Vice President Joel Keller opened with a motion to remove Section 4.8 from the contract, approve the rest, and direct management to negotiate with the unions.

Mallett, the 25-year-old newbie who lives in unincorporated West Contra Costa County but whose Dist. 7 includes part of San Francisco, spoke first: “Even before this hiccup, I was not in the position to support this contract. I find it too costly.”

But he was the only one to take that stance, with the rest of the directors calling the underlying contract a fair compromise, even if all said they couldn’t support the paid family leave provision that would add anywhere between $4 million and $44 million to a contract that was already going to cost the district an additional $67 million.

Director Gail Murray even chided Mallett’s certitude given his age and inexperience, noting that the union had given up raises for years when BART had budget deficits, and now that the district is running surpluses, it’s reasonable to give workers raises that amount to about 2 percent per year for four years, particularly given the union also gave on their benefit packages.

“Our employees kept the system going…They’re the reason why we keep 40-year-old cars still running,” Murray said, later adding, “To say this contract is not a good contract is wrong.”

The rest of the board agreed, even why acknowledging it is more than they hoped to pay given the district capital needs and aggressive expansion plans.

“We’re probably paying more for this than we anticipated we would pay, and labor is probably going up more than they want to, but that’s the nature of collective bargaining,” Keller said, who also began what turned into a chorus of criticism for how district negotiators signed off on a provision the board never agreed to.

“We ended on a sloppy note and that’s regretable,” Keller said, pledging that if he’s elected president next month — an ascension that is customary for the vice president — he plans to lauch a full investigation into what happened.

“I’m pained that we put ourselves in such adversarial positions with each other and that we lost the lives of two employees,” Director John McPartland said of the protracted labor negotiations and the fatalities that occurred while the unions were on strike Oct. 19. He called the contract “more than fair and equitible.”

Director James Fang, who represents western San Francisco, sounded the strongest criticisms of BART management and negotiators. “Yes, it was a mistake, but nobody has come forward and said ‘there was a mistake and I’m responsible,” Fang said, later adding, “The ones who signed this must be held to account.”

Fang then went further, albeit without specifics, when he said, “Every bit of management advice we’ve received has not worked out to the district’s best interests.” Given the looming investigations by the California Legislature and National Transportation Safety Board of BART culpability in the Oct. 19 deaths — the result of management preparing to break the strike by training replacement drivers and contesting longstanding demands by state regulators to make safety improvements that likely would have prevented the tragedy — Fang’s comment could ultimately prove to be a huge understatement.

Director Robert Raburn echoed Fang’s calls for accountability: “I’m still not clear on how that [contract provision] arrived and it hasn’t been accounted for by anyone at the district who said ‘I am responsible.’”

But he also said that the provision was clearly an error and not something arrived at through the negotiations: “Both parties agreed on a $67 million package and we should keep that intact because it’s fair.”

Reached by the Guardian this afternoon while union leadership was conferring to plan next steps, SEIU Local 1021 Political Director Chris Daly told us, “We are about as up in the air as we’ll ever been.”

As a first step, he said the unions are consulting with their attorneys on the legality of today’s vote. “We think the action might be an unfair labor practice and illegal under labor law,” Daly said.

He also called it “unlikely” that union leadership would simply submit the board-revised contract to an up-or-down vote by union membership, saying that he doesn’t think it would be approved.

And Daly echoed the concerns expressed by several BART directors about how this mistake happened and why nobody has taken responsibility or been held accountable: “If I were on that board, I’d have the general manager’s head, there’s no two ways about it.”  

UPDATE 11/22: Today BART’s largest unions, SEIU 1021 and ATU 1555, issued the following joint statement on the BART Board’s recent vote regarding whether to ratify the labor contracts:

“We consider the Board’s actions to be unprecedented and illegitimate, and we’re considering our next steps, including possible legal action.

“The BART Board of Directors has disregarded the vote of more than two thousand BART workers and has chosen to subvert the collective bargaining process, and we take their actions seriously.”

BART “mistake” threatens its contract agreement with workers UPDATED

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Just when it appeared the ugly contract impasse between BART management and workers was over — a divisive struggle that resulted in two debilitating four-day strikes and the Oct. 19 death of two workers struck by a train being used to train possible replacement drivers — BART management is threatening to scuttle the deal over a provision it says was mistakenly added to the contract.

At issue is a contract provision where BART workers from SEIU Local 1021 and ATU Local 1555 who go on leave under the federal Family and Medical Leave Act will be paid for six of the 12 weeks the law allows them to take unpaid, BART spokesperson Luna Salaver told the Guardian.

While BART management and its negotiators — including Assistant General Manager of Operations Paul Oversier and Thomas Hock, a contractor who the district paid $400,000 to lead its negotiations — signed off on the provision back in July and again when the final deal was reached last month, Salaver said BART didn’t mean to include it.

“It was a mistake that a provision rejected twice by BART management ended up in the stack of approved documents,” Salaver said, noting that it was caught this week as the district prepared to give the contract final approval on Nov. 21. It has already been approved by the two unions.

“We were never confused as to the status of the Family and Medical Leave Act agreement,” Local 1021 Political Director Chris Daly told the Guardian, calling the provision a reasonable benefit similar to one that he sponsored for city employees when he was on the San Francisco Board of Supervisors.

But Salaver said it could add tens of millions of dollars in costs (the district still isn’t sure how much) to a contact that will already cost the district an additional $67 million, so management is convening a special session of BART’s Board of Directors this afternoon (Fri/15) to discuss the issue, saying that management isn’t yet recommending the contract be rejected, as some had reported. [UPDATE: The BART board told administrators to re-open negotiations with the unions, but the unions are resisting a return to the bargaining table and urge the board to approve the contract on Thursday].

“There is an erroneous report that BART management is going to tell the BART board to reject the contract,” Salaver told us, inside calling the closed-session discussion a “fact-finding session.”

But Daly said BART management had told the unions that it would recommend rejection of the contract, and that it is now backpedaling because some directors are unhappy with the snafu. It also has a serious public relations problem on its hands, finding itself in a position to reignite the battle with workers while also contending with angry state legislators and an ongoing NTSB investigation into its culpability in the worker deaths.   

 

The complete prepared statement issued last night from SEIU 1021 Executive Director Pete Castelli follows:  

“BART Management has been in contact regarding the tentative agreement they reached with SEIU 1021 and ATU 1555 on October 21st and which our members unanimously ratified. We’ve been informed that they’ve scheduled a special meeting with the BART Board of Directors to discuss the terms of the contract and to clarify details regarding certain provisions for tomorrowafternoon.

“In July, BART Management and its unions reached a tentative agreement on family medical leave, which was signed by BART Management and their chief negotiator. During a thorough review of the final settlement last month, BART Management and their attorneys did not raise any concerns about how this tentative agreement or other provisions in the final settlement would prevent them from recommending the contract to the Board for approval.

“It’s disappointing to hear BART Management would recommend that the BART Board reject this agreement—a contract they negotiated with their workers for more than five months, signed, and praised in the public as a fair compromise.

“We expect the BART Board of Directors to vote on and approve this fair and reasonable contract.”

BART’s safety culture slammed at Assembly hearing

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BART was slammed by legislators and its workers today for refusing to make a key worker safety improvement demanded by state regulators since a 2008 fatality, instead choosing to aggressively defend the “simple approval” process that contributed to two more fatalities on Oct. 19, after which the district finally made the change.

The Assembly Committee on Labor and Employment had already planned today’s San Francisco hearing into why BART spent years appealing rulings by the California Occupational Safety and Health Administrations before the recent tragedy, but that incident sharpened criticism of the district for valuing efficiency over safety.

“The culture of safety at BART must change,” said BART train operator Jesse Hunt, who gave dramatic testimony about the callous culture at BART that led to the Oct. 19 tragedy. “It’s not a single incident, it’s a pattern of disregard for safety.”

The hearing also delved into why BART had an uncertified trainee at the helm of the train that killed Christopher Sheppard and Laurence Daniels on Oct. 19, despite warnings by its unions that district preparations to run limited service during the strike would be unsafe.

“Simple approval” made employees doing work on the tracks responsible to avoid being hit by trains moving silently at up to 80mph. When BART exhausted its administrative appeals of Cal-OSHA’s rulings in June, it filed a lawsuit in Alameda County Superior Court and continued to defend the practice, which its unions had long sought to end. 

“BART challenged that citation and continues to do so to this day,” Chair Roger Hernandez (D-West Covina) said in his opening remarks, noting that it took two recent fatalities for BART to drop its stance. “I’m deeply troubled this decision wasn’t made much earlier.”

For BART, the hearing only went downhill from there as state regulators testified to the district’s litigious refusal to adopt important safety precautions, employees painted a picture of a district hostile to them and their safety concerns, and legislators chastised BART managers for not having reasonable answers to their questions.

In response, BART Assistant General Manager of Operations Paul Oversier denied the district undervalues safety and said that it defended the simple approval process because it had been used tens of thousand of times and, “We had a track record in mind of a procedure that was working well.”

Asked whether he continues to defend it after the Oct. 19 incident, Oversier said, “Irrespective of what our opinion might be, we suspended the simple approval process,” a decision that he said could disrupt service, increase costs, and “that may cause us to look at what our hours of operation are.”

That suggestion drew murmurs of outrage from the union members that packed the hearing, including those who had just testified about how the district refuses to work collaboratively with its workers, who even had to learn of the district’s decision to end simple approval from evening news reports rather than directly.

“Shifting the burden from people in the field to the control center is not a long term solution,” testified Sal Cruz, a BART train controller of 15 years who was on the contract bargaining team. “Time and time again, we’re never really involved in these decision-making processes.”

Christine Baker, director of the Department of Industrial Relations, and Juliann Sum, acting director of its Division of Occupational Safety and Health (better known as Cal-OSHA), testified as to their agency’s long, trying history of getting BART to comply with its rulings, with Baker calling the resistance to reform “clearly an issue of grave concern.”

Legislators probed why that might be the case, asking whether abating the problems might be seen as an admission of liability to either the agency and a victim and whether it was the norm for those cited. Baker said no to both questions: “It is not an admission of guilt if they abate…Many employers abate as soon as there is a citation.”

So why is it standard practice at BART to avoid correcting the 40 violations it received from Cal-OSHA in the last 12 years?

“In most cases, the district has acted in good faith to try to abate the citations,” Oversier testified, but he said that BART often disagreed with Cal-OSHA’s findings and that “the investigation doesn’t really start until you appeal.” He said BART has paid just 22 percent of what it has intially been fined by OSHA, casting that as smart stewardship of ratepayer money and saying, “It’s the appeal process that brings closure to the process.”

Meanwhile, Baker, Sum, and Cal-OSHA attorney Amy Martin said they are currently investigating the Oct. 19 incident for both civil violations and penalties and the possibility of criminal prosecution of BART officials if “they intentionally took the action that led to the fatality,” Martin said.

The hearing was called by Assemblymember Phil Ting, D-SF, who said in his opening remarks, “I was very concerned to read many of the OSHA findings, that it found BART was in violation of California state law,” which prohibits employers from making workers responsible for their own safety in dangerous situations. 

Later, Ting questioned BART Chief Safety Officer Jeff Lau — whose testimony came almost entirely from prepared statements he read, in a way that didn’t inspire much confidence in the material — about how many of OSHA’s safety violations it had taken steps to correct versus how many it continues to resist. Lau said that he couldn’t answer the question, even though Ting noted that he first called this hearing back in June and Lau should have been prepared to answer that central question.

“I’m extraordinarily disappointed in your response,” Ting told Lau, demanding that he prepare a detailed written response to the questions and submit it to the committee, which plans to revisit the issue once more details emerge from the NTSA investigation of the Oct. 19 incident.

Most of the panel criticized BART’s foot dragging and called for reforms.

“This latest accident, a terrible tragedy, could have been avoided,” said Assemblymember Bob Wieckowski (D-Fremont), decrying Gov. Jerry Brown’s recent veto of Assembly Bill 1165 by Assemblymember Nancy Skinner (D-Oakland), which would have expedited Cal-OSHA appeals and perhaps required BART to fix the problems pending its appeal.

Assemblymember Tom Ammiano (S-SF) recounted his own history of difficult dealings with intransigent BART officials, from trying to improve station safety when he was a supervisor starting in the mid-‘90s to his work as a legislator trying to provide some oversight of the BART Police after the Oscar Grant shooting.

“I feel like it still has a long way to go. Transparency and accountability will be very important around this issue,” Ammiano said.

Later, Ammiano asked Cruz whether the ill-fated Oct. 19 train should have been traveling slower than 60-70mph, and Cruz responded, “With knowledge of people being wayside [a term that means on the tracks], you would think that.”

The most scathing and dramatic testimony came from the nine workers called to testify at the hearing, three from each of BART’s three unions, all of which had made safety reforms a big part of their recent contract negotiations, with varying degrees of success.

“We are dealing with a culture at BART that doesn’t take workers seriously or the safety of workers seriously,” began AFSCME District Council 57 Executive Director George Popyack. “Our objective today is to make BART a better and safer place to work.”

Several workers said the district’s main imperatives are to cut costs and keep the trains on time, which causes safety compromises on an almost daily basis. “We’re so pushed to keep that schedule sometimes we push on the edge,” said train controller Ken Perez. 

While BART officials refused to discuss details of the Oct. 19 incident, as per a gag order from the NTSB, union members that testified said it’s clear that the district’s disregard for safety and its desire to break the strike are what led to the tragedy.

“BART was planning to run a limited service with people not trained to run those trains and that was connected to this accident,” ATU Local 1555 President Antonette Bryant testified.

“The train that hit the workers was a manager being trained to run the train in the event of an extended strike,” Poyyack said, noting how irresponsible it was to be running a train at what the NTSB said was 60-70mph on the one line where there were workers on the track. He and others said there was no good reason for the district to do so, calling it an example of the district’s flagrant disregard for safety.

“The culture of BART is a significant contributor to the incident,” said BART train operator Jesse Hunt. “The culture is one of gambling with worker and rider safety.”

Hunt said BART’s safety culture directly caused the Oct. 19 tragedy: “There was no reason for a trainee train to be operated or for employees to be on the ground.”

John Arantes, president of the BART Professional Chapter of SEIU Local 1021, said the district took an extremely aggressive posture in labor negotiations — “a scorched earth strategy encouraged by directors like Zachary Mallet,” the newest elected member and one critical of unions in the press — forcing the strike and the unnecessary Oct. 19 tragedy.

And he posed a question that remains unanswered, despite the hearing and the Guardian’s attempts to get an answer: “Who authorized the training exercise and to what extent were the BART directors involved?”

Hearing to probe safety at BART and issues related to recent tragedy

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The Assembly Committee on Labor and Employment will hold a hearing in San Francisco tomorrow (Thu/7 at 10am) looking at workplace safety issues in the BART system, one initially prompted by the district’s record of unaddressed safety violations, but which took on special resonance when two BART workers were killed on the tracks on Oct. 19.

Assemblymember Phil Ting called for the hearing back in June, but he postponed it until the district resolved a protracted contract impasse with its three unions that resulted in two four-day strikes this year, with an agreement finally reached two days after the tragedy — and at least partially prompted by it.

Ting told the Guardian that he was motivated by dozens of violations from the California Occupational Safety and Health Administration that the district has received since its last fatality in 2008 — which were highlighted by the unions and reported by us — and the fact that “BART ended up appealing them instead of going to fix them.”

“It’s so unfortunate that we have this tragedy, which will create a greater sense of urgency on this issue,” Ting said, noting that he wants to focus on, “How do we move forward and fix these problems?”

Beyond those safety issues lurk another important issue that we at the Guardian have been raising, but which most journalists have ignored and the district has tried to avoided addressing: Was the district ignoring safety concerns by its unions to train replacement drivers on that ill-fated train, and did its preparations to run limited service during a strike harden its negotiating stance and force the strikes and ultimately the tragedy?

It may be many months before the National Transportation Safety Board investigation arrives at conclusions about what caused the fatalities, but it has already said that a trainee was at the helm at the time. Although the NTSB has told the district not to publicly discuss the accident, that doesn’t cover the labor negotiations that led up to it, and the Guardian has finally been able to get some responses from the district to our questions (below, you can find an extended exchange between me and BART spokesperson Alicia Trost), but key questions remain unanswered.

Will tomorrow’s hearing illuminate the connection between the labor impasse and the tragedy? “We’ll have to touch on some of it,” Ting told us. “But I’m not sure what they’ll say.”

BART Board President Tom Radulovich discussed the issues with the Guardian, and he cautioned about any rush to judgement about the cause of the Oct. 19 accident and whether it was connected to preparations that the district was making to possibly offer replacement service, which the board would have had to approve.

Although he said the board was briefed by district officials about the possibility of offering service, Radulovich said he didn’t consider the idea feasible and that “a lot of directors had misgivings about even the possibility of running replacement service.”

Radulovich also defended the eventual deal as resulting from compromises on both sides and not simply the district sweetening its offer and dropping some of its work rule demands — which the unions had blamed for the Oct. 17 breakdown in negotiations — and “I don’t think [limited replacement service] would have broken a strike.”

But SEIU Local 1021 Political Director Chris Daly, who was part of the union’s negotiating team, said the district was “bargaining toward a strike” all year and that the threat of running replacement service was taken seriously by the unions, all of whom warned the district it would be unsafe.

“We would have lost this fight if they had put limited service on,” Daly told us, noting how that would have allowed the district to weather a strike long enough to break the will of union members.

Daly also disputes the district’s characterization that relaxed work rules demands by the unions settled the impasse, telling us, “In the end, the deal was a little more compromise on substance, but not as much as that would have occurred in the binding arbitration that we proposed before the strikes.”

The district rejected that offer, setting the stage for the latest strike, and Daly said the only reason why BART softened its stance was because the tragedy made BART realize its plan to run replacement service was not longer a viable option: “There is not question in anyone’s mind that was the breakthrough.”

Both Radulovich and district officials insist there were no active plans to run replacement service, although BART spokesperson Alicia Trost made clear that the district had publicly raised that possibility and that training to that end was already underway at the time the tragedy.

Radulovich insists that the district wasn’t bargained toward a strike and that “we just wanted a balanced package.” But he also wasn’t at the bargaining table, and he says that he’s not aware of how much driver training had been done and whether it was being done on the ill-fated train in preparation for replacement service.

“I still have a lot of questions and I do want to see the facts,” Radulovich told us.    

We at the Guardian also still have a lot of questions, which Trost was dodging until just a few days ago, when my last blog post on the topic finally prompted a substantial response. So here’s our most recent email exchange:

 

SFBG: Who at the district proposed training replacement drivers and did the board approve that training?
Did the district discuss warnings from the unions that such training would be unsafe? Why was the decision made to go ahead with the training anyway?
Why did it take days for BART to admit a trainee was driving the train that killed those men? And wasn’t casting that train as solely on a maintenance run deceptive?
Does the district regret the decision to train replacement drivers?
What role did the tragedy play in BART’s decision to sweeten its final offer and end the strike?
Did anyone at the district discuss with Tom Hocke how running replacement service could help break a strike? Do you deny that running limited service would help to break a strike?
Did the possibility of running replacement service allow the district to take a tougher stance at the bargaining table? And did this tragedy help the district conclude that running such service wasn’t a viable option?
Can you characterize what you meant by an “extended strike” and explain why training took place immediately at the onset if the strike?

 

BART: The District wanted a plan in place to run limited train service in the event of a prolonged strike.  The intent was never to replace workers, as our workers would be welcomed back once a strike ended, but to provide some limited congestion relief if the Bay Area was faced with a long, crippling and economically devastating strike. 

If the district was going to provide this limited service for the public it would need more certified managers which is why we were training. At the same time we were negotiating in good faith and trying to prevent a strike from happening in the first place. Our priority was always to get to a deal and avoid an unnecessary strike.  Once the unions went on strike for the second time we continued to negotiate and leave the door open for a deal. Which is exactly what happened. A deal came together and BART never needed to go to the board with a limited train service plan. Safety is always our top priority and is always the first, second and third consideration in everything we do. 

The NTSB immediately put a gag order on BART officials just hours after the tragic deaths, which remains in place today. Only the NTSB can provide information surrounding the incident. The NTSB announced the train was being used for both maintenance and training purposes. Under the gag order, BART is allowed to site what the NTSB has reported to date. 

The tragedy certainly redoubled everyone’s efforts to get to a deal.   The breakthrough came when the unions presented language on Beneficial Past Practice on Sunday night. This opened the door to continue to work off the progress that had been made on the economic components with the mediators just days before and resolve the remaining issues. 

 

SFBG: Thanks for finally getting back to me, but I don’t think you directly answered any of the questions that I posed.

 

BART: Did BART management consider the warnings (include one in the form of a

lawsuit) that running that service was unsafe?  Safety is always our top priority and is always the first, second and third consideration in everything we do.

And did the tragedy reinforce that safety question and signal to the district that running trains during a strike was probably unwise and that the district should sweeten its contract offer?

We have to run trains during a strike to exercise the system (details sent in a earlier email.) If you are talking about running passenger service, we never needed to move forward with such a plan as we were not faced with a prolonged strike.  The tragedy certainly redoubled everyone’s efforts to get to a deal.   The breakthrough came when the unions presented language on Beneficial Past Practice on Sunday night. This opened the door to continue to work off the progress that had been made on the economic components with the mediators just days before and resolve the remaining issues.

Who at the district proposed training replacement drivers and did the board approve that training?

The Operations Department was conducting the training as publically discussed by Paul Oversier to the MTC and to the media.  The board does not need to approve training.  (on background: I do not know if or who officially “proposed it.”  The first I learned of the concept was the MTC meeting.)

Did the district discuss warnings from the unions that such training would be unsafe? Why was the decision made to go ahead with the training anyway?

Safety is always our top priority and is always the first, second and third consideration in everything we do. The District wanted a plan in place to run limited train service in the event of a prolonged strike.

Why did it take days for BART to admit a trainee was driving the train that killed those men? And wasn’t casting that train as solely on a maintenance run deceptive?   

During the press conference immediately following the accident, a reporter asked where the train was going.  Mr. Oversier explained the train had just dropped off the graffiti train and was headed back to Concord.  He said he didn’t know who was driving the train as he had just arrived to the scene. The NTSB immediately put a gag order on BART

officials just hours after the tragic deaths, which remains in place today. Only the NTSB can provide information surrounding the incident. The NTSB announced the train was being used for both maintenance and training purposes. Under the gag order, BART is allowed to site what the NTSB has reported to date, which is why we can now point out the fact the train was both a training train and a maintenance/inspection trains we routinely run during strikes to exercise the system and deploy staff to assignments.
Does the district regret the decision to train replacement drivers?

This is a difficult question to answer without a summary of findings from the NTSB.
What role did the tragedy play in BART’s decision to sweeten its final

offer and end the strike?

The tragedy certainly redoubled everyone’s efforts to get to a deal.   The breakthrough came when the unions presented language on Beneficial Past Practice on Sunday night. This opened the door to continue to work off the progress that had been made on the economic components with the mediators just days before and resolve the remaining
issues.

Did anyone at the district discuss with Tom Hocke how running replacement

service could help break a strike?

No, the intent was to provide some contingencies for the travelling public being adversely impacted by the unions decision to strike.  

Do you deny that running limited service would help to break a strike?

The intent was never to replace workers, as our workers would be welcomed back once a strike ended, but to provide some limited congestion relief if the Bay Area was faced with a long, crippling and economically devastating strike.  Skeletal service would never be able to replace BART’s normal operation but it could provide a tiny bit of
congestion relief to the public.  BART’s bargaining team was always focused
on getting a deal with union leadership- one that would be approved by the
workers as well.

Did the possibility of running replacement service allow the district to take a tougher stance at the bargaining table? And did this tragedy help the district conclude that running such service wasn’t a viable option?

Our priority was always to get to a deal and avoid an unnecessary strike. Once the unions went on strike for the second time we continued to negotiate in good faith and leave the door open for a deal. Which is exactly what happened. A deal came together and BART never needed to go to the board with a limited train service plan.

Can you characterize what you meant by an “extended strike” and explain why training took place immediately at the onset if the strike?

There was never an exact time period placed on what an “extended strike” would be, but
union leadership indicated publically they were prepared for a month long strike which would be the “longest and bloodiest strike” we’ve ever seen. We began initial training weeks before the strike- as widely covered by the media.  If the district was going to provide limited service for the public it would need more certified managers than we had.

 

 

 

Train that struck and killed two BART workers was operated by trainee

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National Transportation Safety Board investigator James Southworth confirmed at a press conference on the afternoon of Oct. 21 that the train that struck two BART workers was “in operation for training and maintenance purposes,” and that the operator at the time of the fatal crash was a trainee. He said two of the six people on board were trainees.

The NTSB conducted interviews for 8-10 hours with the train operator, the operator’s supervisor and someone from the dispatch office. 

Asked whether the driver had received safety certification, he said, “the training is part of the certification process.” 

When asked if the driver was previously certified, Southworth said “that is information I don’t have.” It’s unclear if the driver was a new trainee or if his certification had lapsed.  

He said the train was going 60-70 miles per hour at the time, and there was an emergency stop. The train was driven by computer under “Automatic Train Operation” and was not in manual mode.

The district’s decision to run the trains without experienced operators would come against the safety advice of the three striking unions, one of whom — Amalgamated Transit Union Local 1555 — even filed a lawsuit earlier this month seeking to prevent BART from doing so. The case is pending, the union’s lawyers told the Guardian. 

“The use of uncertified training personnel to provide uncertified managers with a crash course in how to operate BART trains also presents a public safety issue,” the unions wrote in the suit. 

BART workers undergo 15 weeks of safety training every three years, they wrote, training that saves lives. 

For more on the concerns around safety training and certification for track inspection workers, read our interview with BART safety trainer Saul Almanza.

BART workers say the district deliberately caused the strike

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Photos by Tim Daw

Members of BART’s three striking unions gathered, rallied, and picketed outside the Lake Merritt BART station in Oakland for much of today, many of them still openly grappling with yesterday’s surprising turn of events that put them in the position of going out on strike for the second time this year.

As BART spokesperson Alicia Trost and SEIU Local 1021 President Roxanne Sanchez both confirmed this morning on KQED’s Forum, it was the district’s 11th hour demand for more authority to set work rules that caused negotiations to break down after days of intensive talks had gotten the two sides close to an agreement on the other issues.

BART officials such as Trost and BART Board President Tom Radulovich (who hasn’t yet returned our call for comment) publicly cast the work rule issue as about the district’s ability to modernize, citing how the district is still using fax machines and paper pay stubs rather than fully converting to electronic communications, blaming the requirement to consult with unions on procedural changes.

But Local 1021 Political Director Chris Daly told the Guardian that the pair had “completely mischaracterized” the conflict, and he speculated about whether Radulovich — who must approve the contracts but hasn’t been a party to the talks — was “being lied to” by BART’s management team and labor consultant.

Daly and other union leaders say work rules such as requiring union approval for changing past practices related to scheduling, hours, and the kind of tasks workers perform are essential to protecting things like the eight-hour workday, worker safety, and whistleblowing and free speech rights.

“We had a basic framework understanding on the economics, but then BART illegally tied that to this work rule change on past practices. And what that meant for us is in order to get a reasonable economic package, we needed to swallow this poison pill,” Daly told us.

George, a train engineer at the rally who wouldn’t give us his last name, said the work rules have been developed over decades and are important to the management-worker balancing act, but that they shouldn’t be a barrier to modernizing.

“We have long term work contracts because we’re here for the long haul and the employer is here for the long haul, so we try to work these things out,” he told us, saying that the workers strongly support their union leaders and have told them, “Do not bring us back a lousy offer to vote on, do your job.”

But not all BART workers feel that way, and some have supported the district’s demand that the union put its “last, best, and final offer” up for a vote of the membership.

“I’m really pissed. Obviously there’s been a decision in our union. I don’t think the union is representing us, the [transit vehicle mechanics]. Nobody wanted to strike, not us,” said Robert Earl Bright, a BART engineer/mechanic profiled in the Guardian this summer. “None of the TVMs wanted to strike. Work rules, I have no concept.”

SEIU Local 1021 Executive Director Peter Castelli told the the Guardian that he understands the concerns of workers like Bright, but that he think most members will support the decision to strike once they get more information.

“It’s a fast evolving situation, with the stewards and union leadership saying ‘we gotta go out.’ So explaining things to our own membership takes time. But it shows the unity and how they trust their leadership,” Castelli told us.

He ridiculed statements by district officials that the unions are resisting modernizing the system. “We’re not afraid of technology, so that’s really grasping,” Castelli told the Guardian. “Some of the people in BART have technology degrees and they’re keeping the trains from wrecking, so we’re not afraid of technology.”

Instead, both Daly and Castelli said that the district was deliberately trying to provoke a strike by making a last minute demand that it knew would be unacceptable to the unions. “It’s to make us strike. The public is devastated by this, and for good reason, and we’re very sympathetic. So they’re thinking that, ‘Maybe we make them strike one more time and they’ll fold,” Castelli told us. “Our only other option is submission and surrender.”

BART on strike after talks break down UPDATED

20

Buckle up, Bay Area, BART workers go on strike at midnight. After intense negotiations over the last few days, the two sides have failed to reach an agreement.

Leaders of the two unions fault the district for refusing to bend on the “last, best, and final” offer that it issued a few days ago. They say agreements have been reached on pension and health care contributions, but that the two sides remain far apart on pay and benefits, and the unions say the district rejected their offers to settle the remaining disagreements through binding arbitration.

[UPDATE: On KQED’s Forum this morning, BART spokesperson Alicia Trost and SEIU Local 1021 President Roxanne Sanchez each said it was the district’s 11th hour demand for more authority over work rules that led talks to break down. While Trost casts it authority to make changes like switching from faxes to email, Sanchez said the issue is more fundamental: protecting the eight-hour workday, giving workers predicability in scheduling, and preventing punitive changes aimed at whistleblowers and union activists — essentially, preventing union busting. Sanchez wants that issue submitted to binding arbitration, the district has refused, with Trost saying the district isolate it from the pay and benefits, where Sanchez said the sides have agreed to a “basic framework.” BART workers and union officials are current gathered at Lake Merritt Station and we’ll have more on the strike and contract impasse later in the day.]

Both sides are blaming the other for a strike that will likely have a huge impact on the Bay Area, particularly if it drags on past tomorrow (Fri/18).

Meanwhile, BART General Manager Grace Crunican issued the following statement after talks broke down:

“I am very disappointed that even after six months of day after day, night after night intense negotiations we are still unable to reach a deal. It hasn’t been all for nothing, we were able to make progress but a large gap remains.

“Today I gave an updated final offer to the unions on behalf of the Board. It reflects the limited progress we’ve made over the past four days of work and it addresses the essential work rule efficiencies BART desperately needs to modernize our operations.

“The package is a 3 percent raise per year for a total of a 12 percent, with a chance to earn up to $1,000 a year if ridership grows. It calls for contributions of 4 percent for pension and 9.5 percent for medical.  I think the offer is good for the workers and good for BART. We’ve given our unions until October 27th to consider the offer and take it to a vote of the members.

“I appreciate the riders’ and the Bay Area’s support in standing by us during these difficult negotiations. We are not going to agree to something we can’t afford. We have to protect the aging system for our workers and the public.

“Thank you to the mediators that were involved, BART staff, and Caltrans for their hospitality.

“We gave it our all and it didn’t come together and that is disappointing to everyone involved. We have a lot to do to build the future: a new fleet of rail cars, modern stations, better access, and a stronger partnership with our unions. I believe we can get there, but we have to get there together.”

Information on alternative commute options can be found at www.bart.gov andalert.511.org

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.

Tales from the tracks

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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).

Last tango: Investigators sort through BART’s labor impasse

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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

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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

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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.

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.

Larkin Street Youth Services employees unionize

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After a contested organizing effort that raised questions about the tactics and resources being used by management at Larkin Street Youth Services, a nonprofit social service provider funded with government grants, the National Labor Relations Board today tallied the votes, which union sources say was 67-17 in favor of organizing.

That means the LSYS’s 92 employees will be represented by Service Employees International Union Local 1021. LSYS management was not immediately available for comment, but we’ll update this post when we hear back. SEIU Organizing Director Timothy Gonzales sent the following email to union members:

Dear Brothers and Sisters, 

I am proud to announce another victory for workers: SEIU Local 1021 today welcomes 92 new members from Larkin Street Youth Services, a nonprofit that provides a variety of services to homeless youth in San Francisco, who won their Union today by an 80% margin in an NLRB election! 

This was the third organizing attempt at LSYS, though staff turnover there is so high due to low pay and poor working conditions that few employees from the last effort in 2010 are still there. Our organizers did an excellent job at building and training a strong, empowered organizing committee that was able to reach out to their coworkers and build the majority support needed to win their Union. Despite considerable community and political pressure from our allies, the employer put up a fight and did not hesitate to attack SEIU, but these workers understood their conditions would not change until they had a Union and stayed united.

I would like to personally thank everyone who helped out on this campaign. Thanks especially to the Larkin Street team: coordinator Mila Thomas; lead organizer Peter Masiak; organizer Jonathan Nunez-Babb; lost-time member organizer Lacey Johnson from Progress Foundation; researcher Caitlin Prendiville; and communicator Jennifer Smith-Camejo. As always, we were helped out by the ROC and member activists under the leadership of Ramsés Téon Nichols, and by the political support of Alysabeth Alexander and Chris Daly. My sincere apologies to anyone whose name might have been left out here—your assistance was appreciated nonetheless!

This campaign is a testament to how strong workers can be, even in the face of intense employer opposition, when given the proper tools, training and motivation. I am sure you will join me in welcoming our 92 newest members to SEIU Local 1021!

In unity,

Timothy Gonzales

 

 

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

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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.

Why CEQA matters

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By Arthur Feinstein and Alysabeth Alexander

OPINION Is now the time to significantly weaken San Francisco’s most important environmental law? When our world is facing the greatest environmental threats ever experienced, why is there a rush to diminish our hard won environmental protections?

That’s the question we should all ask Supervisor Scott Wiener, who has proposed legislation that would significantly weaken the city’s regulations that enforce the California Environmental Quality Act.

Global climate change and extreme weather events are sending a clear message that the world is in trouble. Unprecedented droughts threaten our food supply and drinking water, while floods and sea level rise threaten our homes (the Embarcadero now floods where it never has before). The ozone hole still exists, threatening us with skin cancer, and the critters with whom we share this world are experiencing an unprecedented extinction rate.

Recent region-wide planning efforts, such as One Bay Area, expect San Francisco to provide housing for more than 150,000 new residents, bringing even more impacts to our city.

The best tool available to city commissioners, supervisors, and the public to understand and effectively reduce negative environmental effects of new projects is CEQA, which requires analysis and mitigation of unavoidable environmental project impacts. CEQA mandates that the public be informed of such impacts, and requires decision-makers to listen to the public’s opinions about what should be done to address them. It allows the people to go to court if decision-makers ignore their concerns.

Without an effective CEQA process, the public is helpless in the face of poor planning, and planning based only on the highest corporate-developer-entrepreneur return on the dollar with no regard for environmental consequences, including noise, night-lighting, aesthetics, and transportation — all issues of concern to urban residents. And with current tight real-estate economics, worker safety is at risk if developers cut corners on environmental review, especially with projects built on toxic and radioactive waste sites like Treasure Island, which potentially endanger construction workers and service employees who will work in these areas after projects are completed.

Wiener’s legislation, introduced at the Land Use Committee April 8, makes it much harder for the public to appeal potentially damaging permit decisions, by shortening timelines and establishing more onerous requirements for such appeals. In many instances it would also steer appeals away from being heard by the entire Board of Supervisors, instead allowing small committees to rule on these crucial issues.

A broad coalition of environmental, social justice, neighborhood, parks protection and historic preservation groups, allied with labor unions, is challenging Wiener’s attack on our environmental protections.

Supervisor Jane Kim recently stepped forward to champion these efforts, and work with these groups to draft a community alternative to make the CEQA process more fair and efficient while carefully protecting our rights to challenge harmful projects.

The supervisors need to reject Wiener’s damaging legislation and consider Kim’s community-based alternative in seeking to truly improve our local California Environmental Quality Act process.

Arthur Feinstein is chair of the Sierra Club Bay Chapter. Alysabeth Alexander is vice-president of politics for SEIU Local 1021.

 

SF declares Pay Equity Day as it lowers salaries for women’s jobs

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The Board of Supervisors today declared April 9 Pay Equity Day in San Francisco, in recognition of the persistent national gap between male and female financial compensation. But with the city locked in a dispute with SEIU Local 1021 over pay cuts to jobs dominated by women and workers of color, the day took on special local significance. Ahead of the declaration, union members, activists, and supervisors rallied in front of City Hall, chanting against San Francisco’s wage inequality and the general climate of fiscal austerity.

Women in San Francisco earn just 84 cents for every dollar paid to their male counterparts. Although this figure is slightly higher than the national average of 77 cents per dollar, the discrepancy represents a yearly wage gap of $9,968 per year, according to the National Partnership for Women and Families. At today’s press conference in front of City Hall, Sup. Malia Cohen called the gap “unconscionable in a country as wealthy as ours.”

Cohen was joined by Sups. David Chiu and David Campos, who both spoke out against gender-based wage gaps. “It is important for men to speak out,” Chui said. “It wasn’t women who made the decision for pay to be unequal.” Campos went a step further, promising to vote against any budget that further entrenches unequal pay. “I will not support any budget that reflect this discrepancy,” he said.

SEIU Local 1021, which represents over half of city employees, is currently locked in a budget dispute with the city over pay cuts that would adversely affect women and workers of color. The city Department of Human Resources has recommended that the city cut the salaries of 16 categories of city workers, including personnel clerks and nursing technicians, which are disproportionately females and workers of color. The dispute was recently sent to an arbitrator.

At today’s event, local SEIU leaders and the San Francisco Women’s Political Committee (SFWPC) continued to pressure the city to reconsider the salary cuts. SFWPC President Laura Hahn called persistent pay inequality “embarrassing.”

“If we can’t achieve it here in San Francisco where are we going to do it?” she asked.

Former Supervisor Chris Daly, who now works as political director for SEIU 1021, echoed Hahn’s concerns and charged that the proposal to cut pay for female-dominated categories calls into question the city’s long term commitment to pay equity.

“If you ask Mayor Lee if he supports wage equality, of course he will say yes,” Daly told us. “But in reality, his Department of Human Resources is rolling back progress.” Daly’s repeated requests for Mayor Lee to intervene in the wage-cut arbitration have not yet been answered.
But for the DHR, the recommended cuts have more to do with fiscal reality than gender equality. At a March 7th budget hearing, DHR director Micki Callahan said, “It would be improper to base any decision on demographics.”

She voiced concern over the “root causes” of pay discrepancy, but indicated that these issues fall outside the purview of her department. Spokespeople for the the DHR department have repeatedly assured us that the proposed budget cuts have nothing to do with gender, but rather reflect an effort to bring city salaries in line with market forces.