Alex Mousouris/Staff

A BART strike has once again been averted — this time until Oct. 10 — following a court-ordered cooling-off period requested by Gov. Jerry Brown and granted Sunday.

The order, given by a San Francisco Superior Court judge, will last 60 days and is intended to alleviate some of the pressure that has characterized negotiations between BART workers and administrators in recent weeks.

The order states that BART unions are now forbidden from striking because a strike, or even the threat of a strike, poses public health and safety risks.

BART unions and administrators are expected to continue negotiations during the cooling-off period in hopes that a contract can be settled before the period expires. If the Oct. 10 deadline passes, BART unions will be authorized to strike, as the governor can only call for one cooling-off period.

“BART is grateful San Francisco Superior Court Judge Curtis Karnow has granted Governor Brown’s request for a 60 day cooling off period, ensuring BART trains will continue to run while the District seeks fair and financially sustainable contract agreements with its unions,” said BART spokesperson Rick Rice in a statement.

The injunction follows a seven-day cooling-off period ordered by Brown last Sunday while an appointed board investigated the facts and positions of parties in the dispute.

The board’s report, published Saturday, found that a strike by BART workers — like the four-day strike in July — would cause “significant harm to the public’s health, safety, and welfare.”

“Were the unions to strike at the end of the 7-day cooling off period, the resulting increased congestion would result in an increase in traffic accidents,” the report states. “It would also result in slower response times by emergency personnel responding to those accidents, as well as other public emergencies.”

The report also notes that the parties involved in the dispute are still far from an agreement.

“The parties do not agree on the magnitude of the gap in their respective economic proposals,” the report states. “Other specific unresolved issues are the unions’ proposals for increased workplace safety measures and BART’s proposals for increased rights regarding workforce management.”

Jacob Brown is a news editor. Contact him at jbrown@dailycal.org.

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At the request of BART administration, Brown appointed the three-person board, saying in a statement that a strike would “significantly disrupt public transportation services and will endanger the public’s health, safety, and welfare.” State law forbids any strike or lockout while the board finishes its investigation.

The board’s investigation will include the facts of the dispute and the respective positions of the parties but will not contain recommendations. The report will be made available to the public.

”The board is directed to provide me with a written report within the next seven days,” Brown said in the statement. “For the sake of the people of the Bay Area, I urge — in the strongest terms possible — the parties to meet quickly and as long as necessary to get this dispute resolved.”

The planned strike would have been the second this summer, following the expiration of a 30-day temporary agreement after July’s five-day strike. On Thursday, BART unions gave 72-hour notice of a strike that would begin Monday morning if a contract agreement was not reached between BART and BART unions Service Employees International Union Local 1021 and Amalgamated Transit Union Local 1555.

In July, negotiations focused on wage increases for BART workers and the ability to pay into their own pensions. The unions have also requested better security to protect themselves from violence on the job and general improvements such as better lighting on the tracks.

BART leaders said they opposed a strike, saying it unnecessarily harmed passengers.

“As we saw in early July, the effect of a public transit strike is a complete disruption of the Bay Area economy,” said BART President Tom Radulovich in a letter to Brown asking for a cooling-off period. “We believe the public should not be deprived of this essential public service unless all alternatives to prevent a work stoppage have been utilized.”

But union leaders, such as Pete Castelli, executive director of SEIU 1021, said that although BART employees and administration share the common goal of avoiding a strike, he is dissatisfied with BART’s management of the negotiations — especially the administration’s choice to hire Thomas Hock, a $400,000 outside consultant.

Hock left negotiations earlier this month to go on vacation and has only recently returned.

Union negotiators were informed of Hock’s availability ahead of negotiations, said BART spokesperson Rick Rice.

“Mr. Hock is an experienced negotiator, and the district has faith that he’ll get us through to a good contract this time,” he said.

Contact Jacob Brown and Madeleine Pauker at newsdesk@dailycal.org.

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Alex Mousouris/Staff

BART unions gave 72-hour notice of a strike Thursday night that will begin Monday morning if an agreement is not reached between BART employees and administration.

The 30-day contract extension between labor unions Service Employees International Union Local 1021 and Amalgamated Transit Union Local 1555, established after the July strike, will expire Sunday night and may lead to another strike if negotiations before then are unsuccessful.

“We are very disappointed and hope they reconsider their options,” said BART spokesperson Rick Rice in a press release Thursday. “A strike only stalls and delays the decisions that need to be made while using our riders as pawns.”

In an interview Thursday, he said that the end of the contract on Sunday does not guarantee a strike.

“We can continue talking Monday,” he said. “There’s really no reason for a strike and no hard, fast rule there has to be a strike. We are hoping to reach an agreement at the table and not throw the Bay Area into chaos again.”

Pete Castelli, executive director of SEIU 1021, said that although BART employees and administration share the common goal of avoiding a strike, he is dissatisfied with BART’s management of the negotiations — especially the administration’s choice to hire Thomas Hock, a $400,000 outside consultant.

Hock left negotiations earlier this month to go on vacation and has only recently returned.

“Frankly, on the big issues, we’ve done very little bargaining, and the blame lies squarely at the feet of the BART administration for allowing this outside consultant to not take it seriously,” Castelli said.

Union negotiators were informed of Hock’s availability ahead of negotiations, Rice said.

“Mr. Hock is an experienced negotiator, and the district has faith that he’ll get us through to a good contract this time,” he said.

Castelli said that negotiators have not yet reached an agreement that benefits BART workers.

“Right now, a worker that makes $52,000 a year would lose $2,000 if we take the current proposal on the table,” he said. “We haven’t had a raise in four years.”

Contact Madeleine Pauker at mpauker@dailycal.org.

Correction(s):
A previous version of this article misspelled Rick Rice’s last name.

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Michael Tao and Tony Zhou/File

Following a failed last-minute attempt at negotiations, BART union representatives confirmed on Monday at midnight that there will be a workers’ strike, leaving over 400,000 daily commuters finding alternative means of transportation.

The contract for BART workers was up for renewal on Sunday evening at 11:59 p.m. Around 8:30 p.m., BART union leaders left the bargaining table, rejecting an offer of an 8 percent salary increase over the next four years. A strike by AC Transit workers is also imminent following a preliminary authorization vote. A strike by workers from one company could place a heavy burden on the other.

“The unions have not officially notified us that they are going on strike, but we think our riders need to be prepared for one,” said BART spokesperson Rick Rice.

According to the BART Labor News website, BART union workers are asking for a 23 percent increase in wages over three years as well as the ability to pay into their own pensions. The unions have also requested better security to protect themselves from violence on the job and general improvements such as better lighting on the tracks.

As of Sunday evening, BART had proposed solutions to a number of union demands, including pension reforms and two propositions regarding worker safety.

“BART is presenting an updated proposal on the offers on salaries, requests on pension, requests on benefits,” Rice said. “In addition, employees should start paying for a portion of their pensions.”

AC Transit workers are also negotiating their contract this week. According to Sharon Cornu, a spokesperson for Amalgamated Transit Union Local 192, AC Transit union workers have voted 97.4 percent in favor of a strike regarding their own negotiations, but the union president has not yet confirmed a strike.

According to Cornu, the BART strike will also put a burden on AC Transit resources, and AC Transit may not have enough buses to accommodate displaced commuters.

Clarence Johnson, a spokesperson for AC Transit confirmed that if AC Transit workers did not strike next week, they would continue their existing bus routes.

Rachel Wilson, a sophomore at University of Michigan who is taking a summer class at UC Berkeley, takes BART from Orinda to Berkeley and is frustrated that the strikes could affect both AC Transit and BART.

“I am probably going to have to catch a ride from one of my parents into class, which will cut into their schedules,” Wilson said. “If the buses and the train go on strike at the same time, I am really in trouble.”

Berkeley residents who use BART or AC Transit can visit 511.org for further information on bus and ferry schedules and on forming carpools.

Executive news editor Shirin Ghaffary contributed to this report.

Contact Sophie Mattson at smattson@dailycal.org.

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