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Davis convenes panel to aid BART negotiations

By Karen A. Davis Associated Press Writer
Monday July 02, 2001

SAN FRANCISCO – News that Gov. Gray Davis intervened in contract negotiations between Bay Area Rapid Transit and several unions has cooled most BART employees, delaying a possible strike that was scheduled to begin at midnight Saturday. 

None of the three major unions went on strike, despite threats earlier Saturday from one union that said it planned to strike regardless of Davis’ intervention if a resolution wasn’t reached by the deadline. 

Norma Del Mercado, president of the American Federation of State, County and Municipal Employees Local 3993, issued a statement six minutes prior to midnight, saying the union would not strike as a sign of solidarity with BART’s other unions. 

BART officials said commuter trains would continue running as usual. 

“BART service will operate according to normal schedules as a result of the governor’s decision to begin the fact-finding process associated with a 60-day cooling off period,” BART Board President Willie B. Kennedy said in a statement Saturday. “We are disappointed that we were unable to reach a new contract agreement by June 30.” 

Larry Hendel, spokesman for the Service Employees International Union Local 790, also said the members of that union would report to work. 

A spokeswoman for the Amalgamated Transit Union Local 1555 confirmed they would hold off on picketing as well. 

But Del Mercado said the AFSCME may take further action. 

“First we question the governor’s legal authority to issue an order affecting our union when neither AFSCME nor BART management has requested a ’cooling off’ period,” Mercado said in the statement. “Early next week we intend to get a court order to remove our union from the governor’s order.” 

Del Mercado said union members are “trying to protect our jobs and our membership.” She said BART district management has used the “language in our contract to erode our union one by one.” 

Del Mercado alleged that when a union member leaves a position, the job description is “tweeked” and then a non-union person is brought in to fill that job. 

AFSCME members fill budget, payroll, financial and construction supervisor positions at BART, Del Mercado said. They also hold train controller positions, a job that’s similar to air traffic controllers, Del Mercado said. 

Davis convened the panel to help quell heated contract negotiations between the groups and prevent a disruption of public transportation. 

BART’s three largest unions, represent 2,800 employees. 

Union organizers requested Thursday that the governor intervene to keep commuter trains running through the summer. On Friday, San Francisco Mayor Willie Brown also urged Davis to invoke the “cooling off period,” saying it would allow further negotiations and a continuation of transit service. 

“A work stoppage or lockout would create a grave disruption to thousands of people commuting for work throughout the Bay Area,” Davis said in a statement. “A prolonged work stoppage would cost millions to businesses and employees and may even cost many their jobs.” 

Carol Vendrillo of El Cerrito, Franklin Silver of Oakland and Berkeley Judge Joseph R. Grodin were appointed by Davis on Friday to investigate the issues surrounding the labor dispute. 

Grodin is a former State Supreme Court justice and Vendrillo and Silver are professional arbitrators, according to Davis’ spokeswoman Hilary McLean. 

She said both BART and union organizers were amenable to the three looking into the matter. And she confirmed the panel may be doing more than just fact-finding. 

“They have expertise in the area of mediating disputes,” McLean said. “And I believe that’s part of their goal — that they can aid in resolving the dispute. That would be in everyone’s best interest.” 

The panel will likely hold public hearings in a fact-finding effort before submitting a written report to Davis by July 6.