Unions

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.”

Small number enroll in health insurance exchange

Covered California, the state-run health insurance exchange established under the Affordable Care Act, released its first set of enrollment data today (Wed/13), providing an initial glimpse of how the program commonly known as Obamacare is working in practice in California.

From Oct. 1 until yesterday (Tue/12), a total of 59,000 enrollees completed applications and enrolled in health insurance plans under Covered California.

As a report in the Sacramento Bee pointed out, that number pales in comparison with the estimated 2.3 million Californians who are expected to enroll for coverage by 2017.

Still, a larger number have begun the process, which entails submitting an application and clearing eligibility criteria before selecting a plan and enrolling. Californians initiated a total of 203,904 applications online, according to state data, reflecting an estimated 370,000 individuals.

Of those, 85,960 individuals were determined to be eligible for Covered California, the state-run marketplace that offers coverage at more affordable rates than conventional insurance plans. Another 72,000 were determined to be eligible for Medi-Cal, a program for low-income residents that was expanded under the Affordable Care Act.  

Despite the low initial enrollment, representatives from the Greenlining Institute and the California Pan-Ethnic Health Network welcomed the initial figures as a positive development.

“It’s a great start – and that’s what it is, it’s a start,” said Ellen Wu, executive director of the California Pan-Ethnic Health Network. “There was this pent-up demand,” she added. “The majority of people who enrolled are people who don’t qualify for government subsidies but are seeking health insurance because they’ve been turned away or charged an arm and a leg” when seeking coverage elsewhere. “What you’re going to see, come November and December, is people for whom it might not be top-of-mind priority.”

Covered California began accepting applicants on Oct. 1, but the program will not take effect until Jan. 1, 2014. Californians who are eligible for coverage will have until the end of March to enroll.

Carla Saporta, Health Policy Director for the Greenlining Institute, emphasized the challenge of reaching out to diverse communities in multiple languages to inform people of their options under the new program. 

“I’m disappointed that they have yet to release enrollment data by demographic,” she noted. “I am particularly interested in knowing the breakdown by region, race and primary language because knowing this information will help with targeting outreach efforts.”

According to a report released by the Department of Health and Human Services, California has spent $94 million on outreach to help community groups, local health clinics, and labor unions to make residents aware of their options and sign them up for coverage. 

BART’s safety culture slammed at Assembly hearing

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BART was slammed by legislators and its workers on Nov. 7 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 the San Francisco hearing into why BART spent years appealing rulings by the California Occupational Safety and Health Administration 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 (see “Tragedy follows strike,” Oct. 23).

“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.”

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 about how many of OSHA’s safety violations it had taken steps to correct versus how many it continues to resist, a question Lau said that he couldn’t answer. “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.

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.

 

 

 

Meister: OK, Nike, pay up!

4
 

 

   


By Dick Meister

Guardian columnist Dick Meister is a longtime Bay Area journalist. He can be
reached at www.dickmeister.com, which includes several hundred of his
columns.

OK Nike, pay up! You owe me big. Exactly how much, I can’t say, since I
don’t know the going rate for athletes and others who act as human
billboards for you. You know, those whose team uniforms, workout gear and
other garments display your swoosh brand symbol prominently.

I assume the swoosh-marked college athletes are not paid openly, lest they
lose their amateur status, although their colleges, while profiting from the
athletes’ play and display of the swoosh and other brand symbols, of course
face no penalties for doing so.

My days as an athlete are long gone and, sad to say, there were no swoosh
contracts back in those days. But now, I think, it’s time for me to collect
a little.  You see, I was recently quite ill, and on leaving the hospital
was under strict orders to go easy and, among other things, to wear light,
loose fitting clothing.  No tight jeans and such.

But sweatpants, they’d be perfect. So I popped into by favorite clothing
establishment and grabbed a pair of sweatpants off the rack without
bothering to check anything but the size. Didn’t even try them on.

Oh, but when I got the pants home. The shock! the shock! There it was on the
side of the left leg, the dreaded swoosh for all the world to see on my
daily doctor-prescribed walks and other sweatpants-clad forays into the
community. I had become a walking billboard for Nike.

So where’s my endorsement money, Nike? My pay. I’m working for you, after
all. Do I have to bring in a union to get me what I ‘m owed? I’m not asking
for much, just whatever you’re paying other human billboards. I’m not
exactly a celebrity, but I am known rather well . . . and highly regarded, I
like to believe, in some parts of my community. Seeing me wearing the swoosh
might influence some of my neighbors to rush out and buy their own Nike
gear. Naturally.

But realistically, I must tell you it’s not likely I’ll get paid for my
valuable work on behalf of Nike. Big time athletes are paid, and paid well
for wearing and endorsing the swoosh. But not us plain folks who wear the
Nike brand.  We need a union to demand decent pay . . . to demand decent
treatment.

That’s it, a union to demand decent treatment for all who wear the Nike
brand . . . plus the money they should be owed by Nike for doing so. There
are, of course, unions of professional athletes. But their concern, as I
guess it should be, is for their members. We need to form a union of our own
to also get the big bucks for wearing the swoosh.

And while we’re at it, we could use the leverage of our union to effectively
demand much better treatment for the workers in Nike sweatshops in poor
countries who produce most of the swoosh brand stuff.  Nor should we forget
the celebrity athletes whose huge pay for endorsement of Nike products
drives up the price we ordinary folks have to pay for sweatpants and other
gear that the celebrities endorse only because they are paid to endorse
them.

It’s highly doubtful that any of our spoiled, hugely paid athletes would
readily agree to share their endorsement money with lesser-paid citizens.
But with a union, who knows? Professional athletes have their own powerful
unions, so why don’t their unions take up the cause of unpaid Nike
endorsers?

That’s one of the basic principles of unionism, unions seeing that their
members get a fair share and helping members of other unions get their fair
share. You know, solidarity and all that.

So, swoosh wearers, unite! Unionize! We have nothing to lose but our
swooshes!

Guardian columnist Dick Meister is a longtime Bay Area journalist. He can be
reached at www.dickmeister.com, which includes several hundred of his
columns.

Media let BART slide

2

BART continues to stonewall important questions about whether it was training scab drivers to break the recent strike by its unions when its trainee-driven train killed two workers on Oct. 19 — a stance made possible by the failure of the mainstream media to connect the dots or correct the anti-union bias that characterized its coverage of this long labor impasse.

Local journalists have failed to highlight the connection between that tragedy and the subsequent decision by the district to suddenly soften its stance and sweeten its offer, within hours of the National Transportation Safety Board revealing that a trainee was driving and that BART’s “maintenance run” story was a deception.

Local media outlets did dutifully report that a trainee was driving, but they failed to point out to readers and viewers the significance of that disclosure or ask the district whether the training was intended to break the strike and whether that plan fed the district’s hardline bargaining stance.

We have asked those questions of the district, and when we got misleading obfuscations, we asked again and again, and our questions are still being largely ignored. And here’s why they matter: Because if the district was planning to run trains during the strike, it reinforces the unions’ contention that the district forced a strike that it was preparing to break, a plan that became untenable when two people died, just as the unions warned might happen if the district ran trains without experienced drivers.

BART spokesperson Alicia Trost did finally confirm to us that, “BART has been training some non-union employees to operate limited passenger train service in the event of an extended strike if so authorized by the Board of Directors,” but she and BART Board President Tom Radulovich have each ignored our follow-up questions and requests to discuss this is greater detail.

This should be a huge scandal, the kind of thing that might force General Manager Grace Crunican to resign and BART directors to lose their seats — except for the fact that the media are ignoring this simple, obvious narrative and failing to do their job.

The East Bay Express, a rare exception on the local media landscape, published an excellent article on Oct. 30 about how the San Francisco Chronicle and Bay Area News Group (which includes the Oakland Tribune, Contra Costa Times, and San Jose Mercury News) misled the public about the BART standoff.

Not only have these daily newspapers written some truly atrociously anti-worker editorials, but even the supposedly objective news stories have been clearly biased in their emphasis and omissions, including the current failure to demand accountability.

But this could backfire considering the truth will probably come out eventually, even if it’s long after the media spotlight has moved on. NTSB investigations can take up to a year, but they are remarkably thorough and it will probably eventually discuss why these drivers were being trained.

The Assembly Committee on Labor and Employment announced on Oct. 29 that it will also hold a hearing to “get to the bottom” of the tragedy, and one can only hope that someone on that committee will grill the district about its intentions in running that ill-fated train and conducting new driver training just one day into the latest strike.

Mayor Ed Lee’s committee gives $10,000 that it doesn’t have to the 8 Washington project UPDATED

186

Mayor Ed Lee presents himself as a model of fiscal responsibility, but the Mayor Ed Lee for San Francisco Committee that he controls has recently been spending big money that it doesn’t have, including more than $10,000 that it has recently given to the Yes on Propositions B&C campaign, according to campaign finance filings.

The Mayor Ed Lee for San Francisco Committee, a general purpose committee that Lee and its Treasurer Kevin Heneghan are jointly responsible for, made late contributions of $8,666.66 on Oct. 29 and $1,667 on Oct. 30 to San Franciscans for Parks, Jobs and Housing, Yes on Props. B&C, which supports the 8 Washington project. Lee’s committee also made a $4,333.34 contribution to the Yes on A campaign on Oct. 29.

The Lee committee’s contributions are actually small potatoes for the Yes on B&C campaign, which is spending more than $2 million to have voters green-light the project, most of it coming from the developer, Pacific Waterfront Partners, which kicked in late contributions of $450,000 on Oct. 28 and $250,000 on Oct. 24, bringing its total to about $1.8 million.

But what’s interesting about the Lee committee’s donations is that the final pre-election statement that it filed on Oct. 24 showed that it had just $1,208 in the bank and $26,886 in outstanding debts — most of that to Oakland-based EMC Research for polling it conducted during the Sept. 22-Oct. 19 period.

Neither Heneghan nor Lee responded to our calls for comment, and Lee doesn’t have any public events scheduled between now and election day on Tuesday, so details on this intriguing bit of deficit spending and what kind of polling work the mayor’s committee was doing remain a mystery. [UPDATE 11/5: Lee’s office deferred to Heneghan, who just emailed us this response: “As you know, political committee report filings are a snapshot in time. The Mayor Ed Lee for San Francisco ballot measure committee has received additional contributions since the most recent report that will be appropriately reported. All activity through the committee in support of ballot measures endorsed by Mayor Lee will continue to be appropriately reported as well.” We asked Heneghan whether he would disclose the donors, and we’re waiting to hear back.]

The Mayor Ed Lee for San Francisco Committee hasn’t reported raising any money this year, unlike last year when it raised about $400,000 from some of the city’s biggest establishment players, including Lennar Homes ($35,000), Committee on Jobs ($30,000), San Francisco Alliance for Jobs and Sustainable Growth ($25,000 in basically a pass-through from venture capitalist Ron Conway), San Francisco Association of Realtors ($20,000), and the city’s police and firefighters’ unions ($10,000 each).

But how exactly could the Mayor Ed Lee for San Francisco Committee give $10,000 to the Yes on Props. B&C campaign if it didn’t actually have the money to cover the checks?

When we asked a source at San Francisco Ethics Commission about it, at first he was puzzled, and then he told us that while the committee is required to report late expenditures that it makes before the election, it isn’t required to report late contributions that it receives. That we won’t find out until its Form 460s are due Jan. 31, 2014.

So who really paid for Lee’s contributions to the Yes on B&C campaign, as well as more than $20,000 in polling work that Lee’s committee paid for? And what will our mayor do in return for the people who are digging his committee out of its debts?  

 

Media misses connection between BART tragedy and settlement

23

BART continues to stonewall important questions about whether it was training scab drivers to break the recent strike by its unions when its trainee-driven train killed two workers on Oct. 19 — a stance made possible by the failure of the mainstream media to connect the dots or correct the anti-union bias that characterized its coverage of this long labor impasse.

The failure of local journalists to highlight the connection between that tragedy and the subsequent decision by the district to suddenly soften its stance and sweeten its offer — within hours of the National Transportation Safety Board revealing that a trainee was driving and that BART’s “maintenance run” story was a deception — is as myopic as it is appalling.

After all, the daily newpapers, television stations, and wire services did finally, dutifully report that a trainee was driving, even as they failed to point out to readers and viewers the significance of that disclosure or ask the district, “Why were you training drivers during a strike? Were you planning to offer service during the strike?”

We have asked those questions of the district, and when we got misleading obfuscations, we asked again and again, and our questions are still being largely ignored (actually, we just got a limited but important response, see below). And here’s why they matter: Because if the district was planning to run trains during the strike, it reinforces the unions’ contention that the district was hard-bargaining to force a strike that it was preparing to break, a plan that became untenable when two people died, just as the unions warned might happen if the district ran trains without experienced drivers.

This should be a huge scandal, the kind of thing that might force General Manager Grace Crunican to resign and BART directors to lose their seats — except for the fact that the media is ignoring this simple, obvious narrative and failing to do its job.

The East Bay Express, which today published an excellent article on how the San Francisco Chronicle and Bay Area News Group (which includes the Oakland Tribune, Contra Costa Times, and San Jose Mercury News) mislead the public about the BART standoff, is the only other media outlet in the region to join the Bay Guardian in highlighting the relevant facts in this story.

Not only have these newspapers written some truly atrociously anti-worker editorials, but even the supposedly objective news stories have been clearly biased in their emphasis and omissions. Why else would they repeatedly emphasize a proposal by an obscure Republican member of the Orinda City Council to prohibit future BART strikes — a bit of election-related grandstanding that has no chance of passing in Democrat-controlled Sacramento — while failing to analyze why BART suddenly sweetened its offer beyond what Crunican said the district could afford?

But this could be a situation that backfires on local media managers considering that the truth will probably come out eventually, even if it’s long after the media spotlight has moved on. NTSB investigations can take up to a year, but they are remarkably thorough and it will probably eventually discuss why these drivers were being trained.

The Assembly Committee on Labor and Employment announced yesterday that it will also hold a hearing to “get to the bottom” of the tragedy, and one can only hope that someone on that committee will grill the district about its intentions in running that ill-fated train and conducting new driver training just one day into the latest strike.

UPDATE: As I was posting this story, I finally heard back from BART spokesperson Alicia Trost, who made it sound like preparations to break the strike weren’t news — even though it may be news to most newspaper readers.

“The District has publicly acknowledged, dating back to a September 13, 2013 Metropolitan Transportation Commission subcommitee meeting, that BART has been training some non-union employees to operate limited passenger train service in the event of an extended strike if so authorized by the Board of Director. The Board was never requested to authorize revenue service during the strike,” she wrote by email.

Yet those public aknowledgements don’t appear to have made it to the public. And when the Chronicle’s Matier & Ross did run an anonymously sourced item breaking the news that BART may be training replacement drivers, BART refused to comment, the duo soft-peddled the scoop, and the relevation failed to make it into the larger narratives the newspaper offered about BART.

And even now, Trost followed up her admission by minimizing its importance, saying that the ill-fated train was also being run for maintenance purposes, which the NTSB had also reported.

“BART has to ‘exercise the system’ by running trains on the tracks to prevent rust build up. Rust can build up quickly and will interfere with train service. BART continued to run inspection trains throughout the entire strike just as it did during the July strike,” she wrote.

But the real issue is whether the district deliberately triggered two strikes that the heavily impacted public angrily blamed on workers, thanks largely to how the standoff had been cast by the mainstream media and the district. After all, BART chose a notoriously anti-union labor consultant as its lead negotiator, a decision that even Willie Brown criticized in his Sunday column, although Brown cast the district as just dumb instead of intentionally forcing a strike.

I’m still waiting for Trost to answer my follow-up questions, and I’ll update this post if and when I hear back. I’m also still waiting to hear from BART Board President Tom Radulovich, whose progressive credibility has been tarnished in the eyes of some for playing such a lead role in BART’s media strategy.

Thankfully, the divisive standoff between BART and its unions seems to be over, but the questions about what really drove it and how its conclusion came about are still relevant and largely unanswered. And that says a great deal about the state of journalism today.

Gilded Age of Austerity breaks down

9

It was a week when it seemed that civil society in the US was on the verge of collapse.

Most of the federal government was already shutdown when Congress came without hours of letting the US default on its debts, a fate avoided late on Oct. 16 with legislation to limp along for a few months before repeating the partisan budget standoff again.

That same day, both BART and the AC Transit were headed for strikes that would hobble the Bay Area’s transportation system after long contract impasses between workers and management. Gov. Jerry Brown then ordered a 60-day cooling off period for AC Transit, just like the one he imposed on BART that had just ended, leading BART to be shut down by a strike that started Oct. 18 (for more on BART, including what caused two fatalities in the system on Oct. 19, see related story).

It may not be the End of the World as We Know It (the title and subject of our 12/18/12 cover story), but this is a striking confluence of events that should cause us all to take stock of the things we take for granted, from reliable public transit systems to a functional federal government to the ability of politics to resolve our differences.

This era could be called the Gilded Age of Austerity, a duality marked by huge and growing concentrations of wealth for the few, but for the rest of us: increasing economic insecurity, a tattered social safety net, crumbling public infrastructure, and few signs of hope that things will get better.

Democracy is a fragile experiment that needs to be regularly reaffirmed by all sides. The US electoral system was already heavily skewed toward the interests of the wealthy, who sponsor both major political parties, to the point where many consider elections to be a sham. But there was still a political system, a basic framework for running the country even during tough times, and that seems to be breaking down.

For the radical right-wingers responsible for hobbling the federal government, this might appear to be a dream come true: Most of the regulators furloughed, funding for most social services stopped, and only the police state remained largely intact (86 percent of Department of Homeland Security employees were on the job and soldiers were still getting paid).

But these anti-government ideologues have never fully understood or appreciated the myriad things that government does to keep civil society functioning over the long term. Our economy relies on federal spending, our health relies on the CDC spotting coming epidemics and the FDA inspecting our food, justice needs a civil court system, our travels depend on roads, and our future depends on today’s young people getting educated (ie Head Start) and fed (ie Food Stamps), and that’s all come to a grinding halt.

It’s a similar situation with public employee unions, like those that operate BART trains and AC Transit buses. As we’ve reported (see “Last train,” July 9), private sector wages and benefits often rise or fall with those negotiated by unions. So when unions can’t win good contracts or maintain funded pensions for workers, we’re all dragged down.

The Gilded Age gets better for the bosses as the Age of Austerity gets worse for the workers.

BART’s unions had an understandable expectation that they would share in the agency’s recent budget surpluses, particularly after accepting wage and benefit concessions of $100 million over the last four years to help with projected budget deficits that never materialized.

BART managers argue that the district has offered enough and that the rest of the money is needed for its ambitious expansion plans, but there should have been a solution here somewhere short of ultimatums (strike vs. the district’s “last, best, and final offer”). When the center still held, before the new Gilded Age fused with the Age of Austerity, people of goodwill could find common ground.

Maybe we’ll pull ourselves back from the brink and learn our lessons. Or maybe we’ve entered the endgame, a place where the desperation of those living in the Age of Austerity finally matches the greed and self-interest of those living in the Gilded Age, where one must defeat the other to survive, like two fighting birds plummeting to the ground in a death spiral.

And if that’s the case, are we ready for the next era? Have we sown our seeds and tended our gardens? It took World War Two to really get us out of the Great Depression, and I’d like to think we’ve evolved since then. But given recent events I’m not so sure.

Lessons of the BART standoff

99

EDITORIAL BART and its unions reached a tentative deal on new contracts late Monday (10/21) night, the next day restoring service that had been disrupted by the second four-day strike this year. Now, it’s time for everyone to move on from this impasse — and the ugly demonization of workers that accompanied it — and try to heal the damage that was done.

Sadly, it appears to have taken the senseless deaths of two BART employees on Oct. 19 to reinforce the safety concerns that unions have raised from the beginning, undermine critics’ belittling claims that “the trains run themselves” and don’t need trained workers, and back the district down from its aggressive brinksmanship and preparations to run limited service during what could have been a long strike.

There are still many questions to be answered. Was the district forcing a strike with its “final offer” and last minute decision to seek more authority over work rules? Would it really have offered service to the public using scab drivers? Was the driver training that was happening on that ill-fated train a factor in the tragedy?

We may not have a definitive answer to that last question for quite awhile, but we already learned from the NTSB that BART officials were deceiving the general public when they claimed the train was simply on a maintenance run to remove graffiti and when they offered misleading answers to the Guardian’s direct questions about whether driver training was being done.

Unfortunately, that was just the latest example of a pattern of behavior unbefitting of officials in a public agency. It began with the decision to pay almost $400,000 to a notoriously anti-union contract negotiator. It continued through stall tactics and an aggressive public relations strategy. And it culminated with seeking sweeping authority over work rules at the 11th hour and following up with training new drivers as soon as a strike was underway, apparently hoping to run enough service that the unions would be forced to accept a bad contract.

None of that should have happened, and it was only possible because the financially healthy district played off of the conservative campaigns against public employee unions of recent years to undermine the public image of their workers and deny them reasonable raises and safety improvements.

The media is also culpable, particularly the editorial writers at the San Francisco Chronicle and Bay Area News Group, which ran vitriolic and false rants condemning workers and unions, even supporting Republican calls to outlaw strikes by transportation workers.

Only in the funhouse mirror they created was it possible to credibly push the ridiculous claim that unions were striking because they were afraid of using email. It’s not necessary to dehumanize and demean our adversaries. We in the progressive Bay Area are better than that, and maybe now we can act like it.

BART reaches tentative deal with unions, ending the strike

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The BART strike ended this morning — the second four-day strike of the current labor contract impasse, both of which hobbled the  Bay Area’s transportation system — after the district reached a tentative contract with its three unions late last night.

The agreement was spurred by the tragic deaths of two BART employees on Saturday and by yesterday’s National Transportation Safety Board revelation that the train that struck the workers was being used by the district to train drivers, presumably in preparation for offered limited public service during the strike.

“We are pleased to announce that we have reached a tentative agreement with union leadership that will bring the trains back into service, starting tomorrow, while union members consider the agreement and vote on it,” BART General Manager Grace Crunican said in a public statement issued at 10pm last night, withholding details of the deal. “This is a good package for our union members while still allowing the District to make the necessary investments in our infrastructure. That investment is critical to the future of the Bay Area.”

Union sources tell the Guardian that Saturday’s tragedy definitely created the conditions to reach an agreement, with the district softening its hardline insistence on its “last, best, and final offer” and the unions agreeing to some work rule changes, which they say the district and media had mischaracterized their position on. Technological modernizing will go through, but the unions retained authority over safety and other working conditions. 

For more on the breakdowns that led to the strike, the circumstances surrounding Saturday’s accident, and the aftermath of that tragedy, read tomorrow’s Guardian print edition, which goes on line this evening. 

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

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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

The Gilded Age of Austerity and the breakdown of civil society

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Is this the week that civil society in the US finally collapses? It’s starting to feel that way. Most of the federal government is already shut down, and on Thursday, it could start defaulting on its debts, possibly dragging down the global economy. And here in the Bay Area, our transportation system will descend into gridlock if strikes shut down BART tomorrow and AC Transit on Thursday, as their unions are threatening.

It may not be the End of the World as We Know It, but this is a striking confluence of events that should cause us all to take stock of the things we take for granted, from reliable public transit systems to a functional federal government to the ability of politics to resolve our differences.

This era could be called the Gilded Age of Austerity, a duality marked by huge and growing concentrations of wealth for the few, but for the rest of us: increasing economic insecurity, a tattered social safety net, crumbling public infrastructure, and few signs of hope that things will get better.

Democracy is a fragile experiment that needs to be regularly reaffirmed by all sides. The US electoral system was already heavily skewed toward the interests of the wealthy, who sponsor both major political parties, to the point where many consider elections to be a sham. But there was still a political system, a basic framework for running the country even during tough times, and that seems to be breaking down.

For the radical right-wingers responsible for hobbling the federal government, this might appear to be a dream come true: Most of the regulators furloughed, funding for most social services stopped, and only the police state remains largely intact (86 percent of Department of Homeland Security employees are on the job and soldiers are still getting paid).

But these anti-government ideologues have never fully understood or appreciated the myriad things that government does to keep civil society functioning over the long term. Our economy relies on federal spending, our health relies on the CDC spotting coming epidemics and the FDA inspecting our food, justice needs a civil court system, our travels depend on roads, and our future depends on today’s young people getting educated (ie Head Start) and fed (ie Food Stamps), and that’s all come to a grinding halt.  

It’s a similar situation with public employee unions, like those that operate BART trains and AC Transit buses. As we’ve reported, private sector wages and benefits often rise or fall with those negotiated by unions. So when unions can’t win good contracts or maintain funded pensions for workers, we’re all dragged down. The Gilded Age gets better for the bosses as the Age of Austerity gets worse for the workers.

BART’s unions had an understandable expectation that they would share in the agency’s recent budget surpluses, particularly after accepting wage and benefit concessions of $100 million over the last four years to help with projected budget deficits that never materialized.

BART managers argue that the district has offered enough and that the rest of the money is needed for its ambitious expansion plans, but there should have been a solution here somewhere short of ultimatums (strike vs. the district’s “last, best offer”). They shouldn’t have needed Gov. Jerry Brown to order the recently ended 60-day cooling off period — the same stall tactic that AC Transit is now asking for — in a world where the basic social contract behind civil society was still intact. When the center still held, before the new Gilded Age fused with the Age of Austerity, people of goodwill could find common ground.

“People’s very livelihoods hang in the balance adding to the additional frustration felt throughout the Bay Area today when both parties failed yesterday to reach an agreement,” Mayor Ed Lee said yesterday in a prepared statement about the BART strike as he cancelled plans to leave on a trade mission to China sponsored by business elites to help carry out their agenda.

Yes, people’s very livelihoods — and their quality of life, and sometimes, their lives — are at stake in these political struggles, those I mentioned and those happening in San Francisco around gentrification and taxation. Anyone who thinks that modern capitalism is sturdy enough to withstand any shock doesn’t have a very good grasp of either economics or history.

Maybe we’ll pull ourselves back from the brink and learn our lessons. Or maybe we’ve entered the endgame, a place where the desperation of those living in the Age of Austerity finally matches the greed and self-interest of those living in the Gilded Age, where one must defeat the other to survive, like two fighting birds plummeting to the ground in a death spiral.

And if that’s the case, are we ready for the next era? Have we sown our seeds and tended our gardens? It took World War Two to really get us out of the Great Depression, and I’d like to think we’ve evolved since then. But this week, I’m not so sure.  

BART negotiations continue as unions withhold strike threat UPDATED

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With the 60-day cooling off period ordered by Gov. Jerry Brown coming to an end on Thursday, raising the specter of another Bay Area Rapid Transit shutdown, BART’s two main unions announced yesterday that they were holding off on calling a strike for now. [UPDATE 10/11: BART unions today issued a 72-hour strike notice, meaning they could strike on Monday].

“We’ve listened to the public and we share their concern about a disruption in service at the end of the cooling-off period.  We do not want to strike. That is why we’re not giving a 72-hour notice at this time, because we want to leave every opportunity open to try to get this deal done. Of course we are keeping all options on the table,” Service Employee International Union Local 1021 and Amalgamated Transit Union Local 1555 said in a joint statement.

Some media reports indicate that there has finally been some progress in the long-stalled negotiations, with a framework on pensions being agreed to, although the two sides still seem far apart on wages, benefits, and the length of the contract.

The unions cast it this way: “To this point of doing everything possible to avoid a strike: over the past 10 days, the unions have moved publicly three times, to BART’s zero times. If this were a score in the baseball playoffs – we, the Oakland A’s would be three and they, the Detroit Tigers would be zero. 

“At this point, if there is a disruption in service at the end of the cooling-off period, it will be for one reason and for one reason alone: our elected BART leadership has not shown leadership.”

BART Board President Tom Radulovich disputed that the concessions have been one-sided, but he said that, “They continue to want to negotiate in the media and we’re not really down with that.”

Asked to characterized where things stand and the prospects for resolving the impasse without another strike, Radulovich said, “We’re still cranking away and trying to get it done…It’s really not up to us whether there’s a strike or not. We just have to get this done.”

Meanwhile, while conservatives clamor to use the situation to get the Democrat-controlled Legislature to ban unions from striking (good luck with that one), Sup. John Avalos held a hearing yesterday at City Hall to examine some of the larger issues at play in the impasse, such as retirement security, that the Guardian covered in our July 9 issue.

Asked how the hearing went, Avalos told the Guardian, “We talked a lot about how BART has been villifying workers in the court of public opinion in an effort to weaken workers’ bargaining power.”

 

Endorsements 2013

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We’re heading into a lackluster election on Nov. 5. The four incumbents on the ballot have no serious challengers and voter turnout could hit an all-time low. That’s all the more reason to read up on the issues, show up at the polls, and exert an outsized influence on important questions concerning development standards and the fate of the city’s waterfront, the cost of prescription drugs, and the long-term fiscal health of the city.

 

PROP. A — RETIREE HEALTH CARE TRUST FUND

YES

Note: This article has been corrected from an earlier version, which incorrectly stated that Prop A increases employee contributions to health benefits.

Throughout the United States, the long-term employee pension and health care obligations of government agencies have been used as wedge issues for anti-government activists to attack public employee unions, even in San Francisco. The fiscal concerns are real, but they’re often exaggerated or manipulated for political reasons.

That’s one reason why the consensus-based approach to the issue that San Francisco has undertaken in recent years has been so important, and why we endorse Prop. A, which safeguards the city’s Retiree Health Care Trust Fund and helps solve this vexing problem.

Following up on the consensus pension reform measure Prop. B, which increased how much new city employees paid for lifetime health benefits, this year’s Prop. A puts the fund into a lock-box to ensure it is there to fund the city’s long-term retiree health care obligations, which are projected at $4.4 billion over the next 30 years.

“The core of it says you can’t touch the assets until it’s fully funded,” Sup. Mark Farrell, who has taken a lead role on addressing the issue, told us. “The notion of playing political football with employee health care will be gone.”

The measure has the support of the entire Board of Supervisors and the San Francisco Labor Council. Progressive Sup. David Campos strongly supports the measure and he told us, “I think it makes sense and is something that goes beyond political divides.”

There are provisions that would allow the city to tap the fund in emergencies, but only after it is fully funded or if the mayor, controller, the Trust Board, and two-thirds of the Board of Supervisors signs off, a very high bar. So vote yes and let’s put this distracting issue behind us.

 

PROP. B — 8 WASHINGTON SPECIAL USE DISTRICT

NO, NO, NO!

Well-meaning people can arrive at different conclusions on the 8 Washington project, the waterfront luxury condo development that was approved by the Board of Supervisors last year and challenged with a referendum that became Prop. C. But Prop. B is simply the developer writing his own rules and exempting them from normal city review.

We oppose the 8 Washington project, as we explain in our next endorsement, but we can understand how even some progressive-minded people might think the developers’ $11 million affordable housing and $4.8 million transit impact payments to the city are worth letting this project slide through.

But Prop. B is a different story, and it’s something that those who believe in honesty, accountability, and good planning should oppose on principle, even if they support the underlying project. Contrary to the well-funded deceptions its backers are circulating, claiming this measure is about parks, Prop. B is nothing more than a developer and his attorneys preventing meaningful review and enforcement by the city of their vague and deceptive promises.

It’s hard to know where to begin to refute the wall of mendacity its backers have erected to fool voters into supporting this measure, but we can start with their claim that it will “open the way for new public parks, increased access to the Embarcadero Waterfront, hundreds of construction jobs, new sustainable residential housing and funding for new affordable housing.”

There’s nothing the public will get from Prop. B that it won’t get from Prop. C or the already approved 8 Washington project. Nothing. Same parks, same jobs, same housing, same funding formulas. But the developer would get an unprecedented free pass, with the measure barring discretionary review by the Planning Department — which involves planners using their professional judgment to decide if the developer is really delivering what he’s promising — forcing them to rubber-stamp the myriad details still being developed rather than acting as advocates for the general public.

“This measure would also create a new ‘administrative clearance’ process that would limit the Planning Director’s time and discretion to review a proposed plan for the Site,” is how the official ballot summary describes that provision to voters.

Proponents of the measure also claim “it empowers voters with the decision on how to best utilize our waterfront,” which is another deception. Will you be able to tweak details of the project to make it better, as the Board of Supervisors was able to do, making a long list of changes to the deal’s terms? No. You’re simply being given the opportunity to approve a 34-page initiative, written by crafty attorneys for a developer who stands to make millions of dollars in profits, the fine details of which most people will never read nor fully understand.

Ballot box budgeting is bad, but ballot box regulation of complex development deals is even worse. And if it works here, we can all expect to see more ballot measures by developers who want to write their own “special use district” rules to tie the hands of planning professionals.

When we ask proponents of this measure why they needed Prop. B, they claimed that Prop. C limited them to just talking about the project’s building height increases, a ridiculous claim for a well-funded campaign now filling mailers and broadcast ads with all kinds of misleading propaganda.

With more than $1 million and counting being funneled into this measure by the developer and his allies, this measure amounts to an outrageous, shameless lie being told to voters, which Mayors Ed Lee and Gavin Newsom have shamefully chosen to align themselves with over the city they were elected to serve.

As we said, people can differ on how they see certain development deals. But we should all agree that it’s recipe for disaster when developers can write every last detail of their own deals and limit the ability of professional planners to act in the public interest. Don’t just vote no, vote hell no, or NO, No, no!

 

PROPOSITION C — 8 WASHINGTON REFERENDUM

NO

San Francisco’s northeastern waterfront is a special place, particularly since the old Embarcadero Freeway was removed, opening up views and public access to the Ferry Building and other recently renovated buildings, piers, and walkways along the Embarcadero.

The postcard-perfect stretch is a major draw for visiting tourists, and the waterfront is protected by state law as a public trust and overseen by multiple government agencies, all of whom have prevented development of residential or hotel high-rises along the Embarcadero.

Then along came developer Simon Snellgrove, who took advantage of the Port of San Francisco’s desperate financial situation, offered to buy its Seawall Lot 351 and adjacent property from the Bay Club at 8 Washington St., and won approval to build 134 luxury condos up to 12 stories high, exceeding the city’s height limit at the site by 62 percent.

So opponents challenged the project with a referendum, a rarely used but important tool for standing up to deep-pocketed developers who can exert an outsized influence on politicians. San Franciscans now have the chance to demand a project more in scale with its surroundings.

The waterfront is supposed to be for everyone, not just those who can afford the most expensive condominiums in the city, costing an average of $5 million each. The high-end project also violates city standards by creating a parking space for every unit and an additional 200 spots for the Port, on a property with the best public transit access and options in the city.

This would set a terrible precedent, encouraging other developers of properties on or near the waterfront to also seek taller high-rises and parking for more cars, changes that defy decades of good planning work done for the sensitive, high-stakes waterfront.

The developers would have you believe this is a battle between rival groups of rich people (noting that many opponents come from the million-dollar condos adjacent to the site), or that it’s a choice between parks and the surface parking lot and ugly green fence that now surrounds the Bay Club (the owner of which, who will profit from this project, has resisted petitions to open up the site).

But there’s a reason why the 8 Washington project has stirred more emotion and widespread opposition that any development project in recent years, which former City Attorney Louise Renne summed up when she told us, “I personally feel rich people shouldn’t monopolize the waterfront.”

A poll commissioned by project opponents recently found that 63 percent of respondents think the city is building too much luxury housing, which it certainly is. But it’s even more outrageous when that luxury housing uses valuable public land along our precious waterfront, and it can’t even play by the rules in doing so.

Vote no and send the 8 Washington project back to the drawing board.

 

PROP. D — PRESCRIPTION DRUG PURCHASING

YES

San Francisco is looking to rectify a problem consumers face every day in their local pharmacy: How can we save money on our prescription drugs?

Prop. D doesn’t solve that problem outright, but it mandates our politicians start the conversation on reducing the $23 million a year the city spends on pharmaceuticals, and to urge state and federal governments to negotiate for better drug prices as well.

San Francisco spends $3.5 million annually on HIV treatment alone, so it makes sense that the AIDS Healthcare Foundation is the main proponent of Prop. D, and funder of the Committee on Fair Drug Pricing. Being diagnosed as HIV positive can be life changing, not only for the health effects, but for the $2,000-5,000 monthly drug cost.

Drug prices have gotten so out-of-control that many consumers take the less than legal route of buying their drugs from Canada, because our neighbors up north put limits on what pharmaceutical companies can charge, resulting in prices at least half those of the United States.

The high price of pharmaceuticals affects our most vulnerable, the elderly and the infirm. Proponents of Prop. D are hopeful that a push from San Francisco could be the beginning of a social justice movement in cities to hold pharmaceutical companies to task, a place where the federal government has abundantly failed.

Even though Obamacare would aid some consumers, notably paying 100 percent of prescription drug purchases for some Medicare patients, the cost to government is still astronomically high. Turning that around could start here in San Francisco. Vote yes on D.

 

ASSESSOR-RECORDER

CARMEN CHU

With residential and commercial property in San Francisco assessed at around $177 billion, property taxes bring in enough revenue to make up roughly 40 percent of the city’s General Fund. That money can be allocated for anything from after-school programs and homeless services to maintaining vital civic infrastructure.

Former District 4 Sup. Carmen Chu was appointed by Mayor Ed Lee to serve as Assessor-Recorder when her predecessor, Phil Ting, was elected to the California Assembly. Six months later, she’s running an office responsible for property valuation and the recording of official documents like property deeds and marriage licenses (about 55 percent of marriage licenses since the Supreme Court decision on Prop. 8 have been issued to same-sex couples).

San Francisco property values rose nearly 5 percent in the past year, reflecting a $7.8 billion increase. Meanwhile, appeals have tripled from taxpayers disputing their assessments, challenging Chu’s staff and her resolve. As a district supervisor, Chu was a staunch fiscal conservative whose votes aligned with downtown and the mayor, so our endorsement isn’t without some serious reservations.

That said, she struck a few notes that resonated with the Guardian during our endorsement interview. She wants to create a system to automatically notify homeowners when banks begin the foreclosure process, to warn them and connect them with helpful resources before it’s too late. Why hasn’t this happened before?

She’s also interested in improving system to capture lost revenue in cases where property transfers are never officially recorded, continuing work that Ting began. We support the idea of giving this office the tools it needs to go out there and haul in the millions of potentially lost revenue that property owners may owe the city, and Chu has our support for that effort.

 

CITY ATTORNEY

DENNIS HERRERA

Dennis Herrera doesn’t claim to be a progressive, describing himself as a good liberal Democrat, but he’s been doing some of the most progressive deeds in City Hall these days: Challenging landlords, bad employers, rogue restaurants, PG&E, the healthcare industry, opponents of City College of San Francisco, and those who fought to keep same-sex marriage illegal.

The legal realm can be more decisive than the political, and it’s especially effective when they work together. Herrera has recently used his office to compel restaurants to meet their health care obligations to employees, enforcing an earlier legislative gain. And his long court battle to defend marriage equality in California validated an act by the executive branch.

But Herrera has also shown a willingness and skill to blaze new ground and carry on important regulation of corporate players that the political world seemed powerless to touch, from his near-constant legal battles with PG&E over various issues to defending tenants from illegal harassment and evictions to his recent lawsuit challenging the Accreditation Commission of Community and Junior Colleges over its threats to CCSF.

We have issues with some of the tactics his office used in its aggressive and unsuccessful effort to remove Sheriff Ross Mirkarimi from office. But we understand that is was his obligation to act on behalf of Mayor Ed Lee, and we admire Herrera’s professionalism, which he also exhibited by opposing the Central Subway as a mayoral candidate yet defending it as city attorney.

“How do you use the power of the law to make a difference in people’s lives every single day?” was the question that Herrera posed to us during his endorsement interview, one that he says is always on his mind.

We at the Guardian have been happy to watch how he’s answered that question for nearly 11 years, and we offer him our strong endorsement.

 

TREASURER/TAX COLLECTOR

JOSE CISNEROS

It’s hard not to like Treasurer/Tax Collector Jose Cisneros. He’s charming, smart, compassionate, and has run this important office well for nine years, just the person that we need there to implement the complicated, voter-approved transition to a new form of business tax, a truly gargantuan undertaking.

Even our recent conflicts with Cisneros — stemming from frustrations that he won’t assure the public that he’s doing something about hotel tax scofflaw Airbnb (see “Into thin air,” Aug. 6) — are dwarfed by our understanding of taxpayer privacy laws and admiration that Cisneros ruled against Airbnb and its ilk in the first place, defying political pressure to drop the rare tax interpretation.

So Cisneros has the Guardian’s enthusiastic endorsement. He also has our sympathies for having to create a new system for taxing local businesses based on their gross receipts rather than their payroll costs, more than doubling the number of affected businesses, placing them into one of eight different categories, and applying complex formulas assessing how much of their revenues comes from in the city.

“This is going to be the biggest change to taxes in a generation,” Cisneros told us of the system that he will start to implement next year, calling the new regime “a million times more complicated than the payroll tax.”

Yet Cisneros has still found time to delve into the controversial realm of short-term apartment sublets. Although he’s barred from saying precisely what he’s doing to make Airbnb pay the $1.8 million in Transient Occupancy Taxes that we have shown the company is dodging, he told us, “We are here to enforce the law and collect the taxes.”

And Cisneros has continued to expand his department’s financial empowerment programs such as Bank on San Francisco, which help low-income city residents establish bank accounts and avoid being gouged by the high interest rates of check cashing outlets. That and similar programs are now spreading to other cities, and we’re encouraged to see Cisneros enthusiastically exporting San Francisco values, which will be helped by his recent election as president of the League of California Cities.

 

SUPERVISOR, DIST. 4

KATY TANG

With just six months on the job after being appointed by Mayor Ed Lee, Sup. Katy Tang faces only token opposition in this race. She’s got a single opponent, accountant Ivan Seredni, who’s lived in San Francisco for three years and decided to run for office because his wife told him to “stop complaining and do something,” according to his ballot statement.

Tang worked in City Hall as a legislative aide to her predecessor, Carmen Chu, for six years. She told us she works well with Sups. Mark Farrell and Scott Wiener, who help make up the board’s conservative flank. In a predominantly Chinese district, where voters tend to be more conservative, Tang is a consistently moderate vote who grew up in the district and speaks Mandarin.

Representing the Sunset District, Tang, who is not yet 30 years old, faces some new challenges. Illegal “in-law” units are sprouting up in basements and backyards throughout the area. This presents the thorny dilemma of whether to crack down on unpermitted construction — thus hindering a source of housing stock that is at least within reach for lower-income residents — look the other way, or “legalize” the units in an effort to mitigate potential fire hazards or health risks. Tang told us one of the greatest concerns named by Sunset residents is the increasing cost of living in San Francisco; she’s even open to accepting a little more housing density in her district to deal with the issue.

Needless to say, the Guardian hasn’t exactly seen eye-to-eye with the board’s fiscally conservative supervisors, including Tang and her predecessor, Chu. We’re granting Tang an endorsement nevertheless, because she strikes us as dedicated to serving the Sunset over the long haul, and in touch with the concerns of young people who are finding it increasingly difficult to gain a foothold in San Francisco.

Project Censored

17

joe@sfbg.com

This year’s annual Project Censored list of the most underreported news stories includes the widening wealth gap, the trial of Pfc. Bradley Manning for leaking classified documents, and President Obama’s war on whistleblowers — all stories that actually received considerable news coverage.

So how exactly were they “censored” and what does that say of this venerable media watchdog project?

Project Censored isn’t only about stories that were deliberately buried or ignored. It’s about stories the media has covered poorly through a sort of false objectivity that skews the truth. Journalists do cry out against injustice, on occasion, but they don’t always do it well.

That’s why Project Censored was started back in 1976: to highlight stories the mainstream media missed or gave scant attention to. Although the project initially started in our backyard at Sonoma State University, now academics and students from 18 universities and community colleges across the country pore through hundreds of submissions of overlooked and underreported stories annually. A panel of academics and journalists then picks the top 25 stories and curates them into themed clusters. This year’s book, Censored 2014: Fearless Speech in Fearful Times, hits bookstores this week.

What causes the media to stumble? There are as many reasons as there are failures.

Brooke Gladstone, host of the radio program On the Media and writer of the graphic novel cum news media critique, The Influencing Machine, said the story of Manning (who now goes by the first name Chelsea) was the perfect example of the media trying to cover a story right, but getting it mostly wrong.

“The Bradley Manning case is for far too long centered on his personality rather than the nature of his revelations,” Gladstone told us. Manning’s career was sacrificed for sending 700,000 classified documents about the Iraq war to WikiLeaks. But the media coverage focused largely on Manning’s trial and subsequent change in gender identity.

Gladstone said that this is part of the media’s inability to deal with vast quantities of information which, she said, “is not what most of our standard media does all that well.”

The media mangling of Manning is number one on the Project Censored list, but the shallow coverage this story received is not unique. The news media is in a crisis, particularly in the US, and it’s getting worse.

 

WATCHING THE WATCHDOGS

The Project for Excellence in Journalism, which conducts an annual analysis of trends in news, found that as revenue in journalism declined, newsrooms have shed 30 percent of their staff in the last decade. In 2012, the number of reporters in the US dipped to its lowest level since 1978, with fewer than 40,000 reporters nationally. This creates a sense of desperation in the newsroom, and in the end, it’s the public that loses.

“What won out is something much more palpable to the advertisers,” says Robert McChesney, an author, longtime media reform advocate, professor at University of Illinois, and host of Media Matters from 2000-2012. Blandness beat out fearless truth-telling.

Even worse than kowtowing to advertisers is the false objectivity the media tries to achieve, McChesney told us, neutering its news to stay “neutral” on a topic. This handcuffs journalists into not drawing conclusions, even when they are well-supported by the facts.

In order to report a story, they rely on the words of others to make claims, limiting what they can report.

“You allow people in power to set the range of legitimate debate, and you report on it,” McChesney said.

Project Censored stories reflect that dynamic — many of them require journalists to take a stand or present an illuminating perspective on a set of dry facts. For example, reporting on the increasing gulf between the rich and the poor is easy, but talking about why the rich are getting richer is where journalists begin to worry about their objectivity, Gladstone said.

“I think that there is a desire to stay away from stories that will inspire rhetoric of class warfare,” she said.

Unable to tell the story of a trend and unable to talk about rising inequality for fear of appearing partisan, reporters often fail to connect the dots for their readers.

One of Project Censored stories this year, “Bank Interests Inflate Global Prices by 35 to 40 Percent,” is a good example of the need for a media watchdog. Researchers point to interest payments as the primary way wealth is transferred from Main Street to Wall Street.

It’s how the banks are picking the pockets of the 99 percent. But if no politician is calling out the banks on this practice, if no advocacy group is gaining enough traction, shouldn’t it be the media’s role to protect the public and sound the battle cry?

“So much of media criticism is really political commentary squeezed through a media squeezer,” Gladstone said, “and it comes out media shaped.”

 

SHAPING THE MEDIA

McChesney says journalism should be a proactive watchdog by independently stating that something needs to be done. He said there’s more watchdog journalism calling out inequity in democracies where there is a more robust and funded media.

And they often have one thing we in US don’t — government subsidies for journalism.

“All the other democracies in the world, there are huge subsidies for public media and journalism,” McChesney said. “They not only rank ahead of us in terms of being democratic, they also rank ahead of us in terms of having a free press. Our press is shrinking.”

No matter what the ultimate economic solution is, the crisis of reporting is largely a crisis of money. McChesney calls it a “whole knife in the heart of journalism.”

For American journalism to revive itself, it has to move beyond its corporate ties. It has to become a truly free press. It’s time to end the myth that corporate journalism is the only way for media to be objective, monolithic, and correct.

The failures of that prescription are clear in Project Censored’s top 10 stories of the year:

1. Manning and the Failure of Corporate Media

Untold stories of Iraqi civilian deaths by American soldiers, US diplomats pushing aircraft sales on foreign royalty, uninvestigated abuse by Iraqi allies, the perils of the rise in private war contractors — this is what Manning exposed. They were stories that challenge the US political elite, and they were only made possible by a sacrifice.

Manning got a 35-year prison sentence for the revelation of state secrets to WikiLeaks, a story told countless times in corporate media. But as Project Censored posits, the failure of our media was not in the lack of coverage of Manning, but in its focus.

Though The New York Times partnered with WikiLeaks to release stories based on the documents, many published in 2010 through 2011, news from the leaks have since slowed to a trickle — a waste of over 700,000 pieces of classified intelligence giving unparalleled ground level views of America’s costly wars.

The media quickly took a scathing indictment of US military policy and spun it into a story about Manning’s politics and patriotism. As Rolling Stone pointed out (“Did the Media Fail Bradley Manning?”), Manning initially took the trove of leaks to The Washington Post and The New York Times, only to be turned away.

Alexa O’Brien, a former Occupy activist, scooped most of the media by actually attending Manning’s trial. She produced tens of thousands of words in transcriptions of the court hearings, one of the only reporters on the beat.

2. Richest Global 1 Percent Hide Billions in Tax Havens

Global corporate fatcats hold $21-32 trillion in offshore havens, money hidden from government taxation that would benefit people around the world, according to findings by James S. Henry, the former chief economist of the global management firm McKinsey & Company.

The International Consortium of Investigative Journalists obtained a leak in April 2013, revealing how widespread the buy-in was to these tax havens. The findings were damning: government officials in Canada, Russia, and other countries have embraced offshore accounts, the world’s top banks (including Deutsche Bank) have worked to maintain them, and the tax havens are used in Ponzi schemes.

Moving money offshore has implications that ripped through the world economy. Part of Greece’s economic collapse was due to these tax havens, ICIJ reporter Gerard Ryle told Gladstone on her radio show. “It’s because people don’t want to pay taxes,” he said. “You avoid taxes by going offshore and playing by different rules.”

US Senator Carl Levin, D-Michigan, introduced legislation to combat the practice, SB1533, The Stop Tax Haven Abuse Act, but so far the bill has had little play in the media.

Researcher James Henry said the hidden wealth was a “huge black hole” in the world economy that has never been measured, which could generate income tax revenues between $190-280 billion a year.

3. Trans-Pacific Partnership

Take 600 corporate advisors, mix in officials from 11 international governments, let it bake for about two years, and out pops international partnerships that threaten to cripple progressive movements worldwide.

The Trans-Pacific Partnership is a trade agreement, but leaked texts show it may allow foreign investors to use “investor-state” tribunals to extract extravagant extra damages for “expected future profits,” according to the Public Citizen’s Global Trade Watch.

The trade watch group investigated the TPP and is the main advocate in opposition of its policies. The AFL-CIO, Sierra Club, and other organizations have also had growing concerns about the level of access granted to corporations in these agreements.

With extra powers granted to foreign firms, the possibility that companies would continue moving offshore could grow. But even with the risks of outsized corporate influence, the US has a strong interest in the TPP in order to maintain trade agreements with Asia.

The balancing act between corporate and public interests is at stake, but until the US releases more documents from negotiations, the American people will remain in the dark.

4. Obama’s War on Whistleblowers

President Obama has invoked the Espionage Act of 1917 more than every other president combined. Seven times, Obama has pursued leakers with the act, against Thomas Drake, Shamai Leibowitz, Bradley Manning, Stephen Kim, Jeffrey Sterling, John Kiriakou and most recently, Edward Snowden. All had ties to the State Department, FBI, CIA, or NSA, and all of them leaked to journalists.

“Neither party is raising hell over this. This is the sort of story that sort of slips through the cracks,” McChesney said. And when the politicians don’t raise a fuss, neither does the media.

Pro Publica covered the issue, constructing timelines and mapping out the various arrests and indictments. But where Project Censored points out the lack of coverage is in Obama’s hypocrisy — only a year before, he signed The Whistleblower Protection Act.

Later on, he said he wouldn’t follow every letter of the law in the bill he had only just signed.

“Certain provisions in the Act threaten to interfere with my constitutional duty to supervise the executive branch,” Obama said. “As my Administration previously informed the Congress, I will interpret those sections consistent with my authority.”

5. Hate Groups and Antigovernment Groups on Rise across US

Hate groups in the US are on the rise, according to a report by the Southern Poverty Law Center. There are 1,007 known hate groups operating across the country, it wrote, including neo-Nazis, Ku Klux Klan, white nationalists, neo-Confederates, racist skinheads, black separatists, border vigilantes, and others.

Since 2000, those groups have grown by over half, and there was a “powerful resurgence” of Patriot groups, the likes of which were involved in the Oklahoma City bombing in 1995. Worst of all, the huge growth in armed militias seems to have conspicuous timing with Obama’s election.

“The number of Patriot groups, including armed militias, has grown 813 percent since Obama was elected — from 149 in 2008 to 1,360 in 2012,” the SPLC reported.

Though traditionally those groups were race motivated, the report noted that now they are gunning for government. There was a smattering of news coverage when the SPLC released its report, but not much since.

6. Billionaires’ Rising Wealth Intensifies Poverty and Inequality

The world’s billionaires added $241 billion to their collective net worth in 2012. That’s an economic recovery, right?

That gain, coupled with the world’s richest peoples’ new total worth of $1.9 trillion (more than the GDP of Canada), wasn’t reported by some kooky socialist group, but by Bloomberg News. But few journalists are asking the important question: Why?

Project Censored points to journalist George Monbiot, who highlights a reduction of taxes and tax enforcement, the privatization of public assets, and the weakening of labor unions.

His conclusions are backed up by the United Nations’ Trade and Development Report from 2012, which noted how the trend hurts everyone: “Recent empirical and analytical work reviewed here mostly shows a negative correlation between inequality and growth.”

7. Merchant of Death and Nuclear Weapons

The report highlighted by Project Censored on the threat of nuclear war is an example not of censorship, strictly, but a desire for media reform.

Project Censored highlighted a study from the The Physicians for Social Responsibility that said 1 billion people could starve in the decade after a nuclear detonation. Corn production in the US would decline by an average of 10 percent for an entire decade and food prices would make food inaccessible to hundreds of millions of the world’s poorest.

This is not journalism in the classic sense, Gladstone said. In traditional journalism, as it’s played out since the early 20th century, news requires an element of something new in order to garner reporting — not a looming threat or danger.

So in this case, what Project Censored identified was the need for a new kind of journalism, what it calls “solutions journalism.”

“Solutions journalism,” Sarah van Gelder wrote in the foreword to Censored 2014, “must investigate not only the individual innovations, but also the larger pattern of change — the emerging ethics, institutions, and ways of life that are coming into existence.”

8. Bank Interests Inflate Global Prices by 35 to 40 Percent

Does 35 percent of everything bought in the United States go to interest? Professor Margrit Kennedy of the University of Hanover thinks so, and she says it’s a major funnel of money from the 99 percent to the rich.

In her 2012 book, Occupy Money, Kennedy wrote that tradespeople, suppliers, wholesalers, and retailers along the chain of production rely on credit. Her figures were initially drawn from the German economy, but Ellen Brown of the Web of Debt and Global Research said she found similar patterns in the US.

This “hidden interest” has sapped the growth of other industries, she said, lining the pockets of the financial sector.

So if interest is stagnating so many industries, why would journalists avoid the topic?

Few economists have echoed her views, and few experts emerged to back up her assertions. Notably, she’s a professor in an architectural school, with no formal credentials in economics.

From her own website, she said she became an “expert” in economics “through her continuous research and scrutiny.”

Without people in power pushing the topic, McChesney said that a mainstream journalist would be seen as going out on a limb.

“The reporters raise an issue the elites are not raising themselves, then you’re ideological, have an axe to grind, sort of a hack,” he said. “It makes journalism worthless on pretty important issues.”

9. Icelanders Vote to Include Commons in Their Constitution

In 2012, Icelandic citizens voted in referendum to change the country’s 1944 constitution. When asked, “In the new constitution, do you want natural resources that are not privately owned to be declared national property?” its citizens voted 81 percent in favor.

Project Censored says this is important for us to know, but in the end, US journalism is notably American-centric. Even the Nieman Watchdog, a foundation for journalism at Harvard University, issued a report in 2011 citing the lack of reporting on a war the US funneled over $4 trillion into over the past decade, not to mention the cost in human lives.

If we don’t pay attention to our own wars, why exactly does Project Censored think we’d pay attention to Iceland?

“The constitutional reforms are a direct response to the nation’s 2008 financial crash,” Project Censored wrote, “when Iceland’s unregulated banks borrowed more than the country’s gross domestic product from international wholesale money markets.”

Solutions-based journalism rears its head again, and the idea is that the US has much to learn from Iceland, but even Gladstone was dubious.

“Iceland is being undercovered, goddamnit! Where is our Iceland news?” she joked with us. Certainly I agree with some of this list, Bradley Manning was covered badly, I was sad the tax haven story didn’t get more coverage. But when has anyone cared about Iceland?”

10. A “Culture of Cruelty” along Mexico–US Border

The plight of Mexican border crossings usually involves three types of stories in US press: deaths in the stretch of desert beyond the border, the horrors of drug cartels, and heroic journeys of border crossings by sympathetic workers. But a report released a year ago by the organization No More Deaths snags the 10th spot for overlooked stories in Project Censored.

The report asserts that people arrested by Border Patrol while crossing were denied water and told to let their sick die. No More Deaths conducted more than 12,000 interviews to form the basis of its study in three Mexican cities: Nacos, Nogales and Agua Prieta. The report cites grossly ineffective oversight from the Department of Homeland Security. This has received some coverage, from Salon showcasing video of Border Patrol agents destroying jugs of water meant for crossers to a recent New York Times piece citing a lack of oversight for Border Patrol’s excessive force.

The ACLU lobbied the United Nations High Commissioner for Human Rights to call international attention to the plight of these border crossers at the hands of US law enforcement.

If ever an issue flew under the radar, this is it.

The great divide

0

arts@sfbg.com

FILM Whatever the wisdom of Obama’s strategy for Syria, public response has made it clear that most Americans no longer want the US to meddle in foreign affairs — at least not if it costs money and might embroil our troops in another endless, winless imbroglio. This is a little flummoxing, since not so long ago we gave another president a free pass to invade countries for far more dubious reasons, and are still paying the price for those rubber stamps in many, many ways a decade later.

So why the turnabout? It’s pretty simple. Not only is 9/11 an increasingly distant memory rather than a recent open wound inviting retaliatory action (no matter how reckless or misguided), but the economic downturn has shifted Americans’ attitude toward (an even bigger than usual case of) “The hell with other people’s problems, what about me?” For good or ill, there is no injustice we feel more keenly, or care about more deeply, than that we suffer ourselves.

Yet the explanations proffered as to what happened to make us so enraged (and broke) are utterly contradictory. We’re still the richest country on Earth — richer than ever, in fact — so why do so few citizens feel that fact even remotely relates to their everyday reality?

Jacob Kornbluth’s Inequality for All is the latest and certainly not the last documentary to explore why the American Dream is increasingly out of touch with everyday reality, and how the definition of “middle class” somehow morphed from “comfortable” to “struggling, endangered, and hanging by a thread.” This lively overview has an ace up its sleeve in the form of the director’s friend, collaborator, and principal interviewee Robert Reich — the former Clinton-era secretary of labor, prolific author, political pundit, and UC Berkeley professor of Public Policy. Whether he’s holding forth on TV, going one-on-one with Kornbluth’s camera, talking to disgruntled working class laborers, or engaging students in his Wealth and Poverty class, Inequality is basically a resourcefully illustrated Reich lecture — as the press notes put it, “an Inconvenient Truth for the economy.”

Fortunately, the diminutive Reich is a natural comedian (he’s spent a life honing self-deprecatory height jokes) as well as a superbly cogent communicator, turning yet another summary of how the system has fucked almost everybody (excluding the one percent) into the one you might most want to recommend to the bewildered folks back home. He’s sugar on the pill, making it easier to swallow so much horrible news.

Reich takes us through the gamut of horrible figures: how the US now has the most unequal distribution of wealth among all developed nations (by far); how as adjusted for inflation the average male makes less than he did in 1978 while the average “person at the top” makes two-and-a-half times more (over $1 million annually as opposed to just under $400,000); how general productivity, profits, and costs of living have continued to rise since then, while 99-percenter wages flatlined; how eerily the stats on 1928 and 2007 mirror each other, in terms of peak wealth concentration and unregulated financial-sector speculation. (We all know what happened in 1929 and 2008: ka-boom, or rather, ka-bust.)

Contradicting the “trickle-down theory,” Reich stresses that the very, very wealthy can’t spend enough to uphold their share of a US whose well-being is now 70 percent dependent on consumer purchases — it behooves everyone for that money to be spread around more evenly, because “What makes an economy stable is a strong middle class.” (He also makes the point that contrary to even common liberal wisdom, globalization hasn’t significantly reduced the number of American jobs — only the amount that they pay.)

There are man-and-woman-on-the-street interviews — not just with those on the losing end of this equation, but with one company-owning Richie Rich who freely admits current tax rates, loopholes, and so on mean people like him pull far less than their fair weight society, job creators or no. (On the other hand there’s Mitt Romney, who shifts the silver spoon to the side of his mouth long enough to decry the “envy” and “class warfare” behind all income-inequality debate.)

We also hear from the usual chorus of reactionary hysterics, like the Fox yobbo who swears Reich surely must “secretly worship Karl Marx” to hold the opinions he does. Doesn’t he realize that all government is bad, and all things free market inherently good? Never mind that the “Great Prosperity” — America’s economic golden age from 1947 to 1977 — was precisely the time that unions were strongest, the middle-class flourished, the rich were taxed up the wazoo (and seldom complained about it, at least publicly), and the government kept close watch on Wall Street and corporate hijinks. That so many have come to accept an economic logic blatantly opposing everything that made that period prosperous for almost everyone testifies to decades of brilliant conservative propaganda.

Now we live in an era where duly employed (even doubly employed) people see their homes foreclosed upon, and higher education is a crippling financial burden many can afford only at the price of possibly lifelong debt. Yet we’re told that minimum wage laws are for crybabies and upward mobility remains a matter of, y’know, really wanting it.

Having seen all this coming a long way off (he admits by the end of his post under old college buddy Clinton, “I became a true pain in the ass” to anyone who’d listen), Reich prefers not to say “I told you so” but “Here’s what you can do” — despite Citizens United and other developments that have drastically reduced citizens’ influence on public policy. Depressing as much of what he says is, he’s such a mensch that hearing him say it here is still pretty enjoyable. *

 

INEQUALITY FOR ALL opens Fri/27 in San Francisco.