Sacramento, CA—Assemblywoman Catharine B. Baker (R-San Ramon) introduced as her inaugural bill in the Assembly, legislation that will prevent future BART strikes, which crippled Bay Area commuters in 2013.
Both 2013 strikes exposed a loophole in current law that allowed BART workers to strike. Baker’s bill closes that loophole. During the most recent strikes in 2013, when the contract expired, workers went on strike even though management had honored the expired contract by paying benefits and wages during contract negotiations. This bill prevents that lopsided outcome by providing that if the transit district honors its part of the expired contract, employees must do the same and honor the no-strike clause. Workers can’t cherry pick what parts of the contract they will honor.
Assembly Bill 528 would prohibit BART employees from engaging in a strike or work stoppage after the contract has expired if the transit district board maintains the compensation and benefit provisions of an expired contract and an employee or employee organization has agreed to a provision prohibiting strikes in the expired contract.
Baker stated, “This is a very different and unique approach to preventing future BART strikes. This approach is fair to workers, riders, and the general public who rely so heavily on our mass transit system.
Last year, residents were held hostage when BART workers went on strike twice, bringing transportation in the Bay Area to a grinding halt. Hard-working Californians couldn’t get to work or to medical appointments, or get their children to school. The strike hit the pocketbooks of families who weren’t paid because they couldn’t get across the Bay to work. Businesses were short staffed and the Bay Area economy took a hit of more than $73 million for each day of the strike. More than 400,000 BART commuters were impacted, in addition to the entire Bay Area population that felt the effects of jammed roads, buses, and ferries. The public was the victim of this impasse, and we can’t let it happen again.”
David Haubert, Mayor of the City of Dublin added, “Being home to two BART stations, Dublin and its residents were heavily impacted when BART workers decided to strike. The strike impacted our local economy and hurt our residents. It is my hope that the Legislature will stand up for residents and support legislation that prevents this from happening again.”
Bay Area Council President and CEO Jim Wunderman stated, “Mass transit strikes take a huge economic and environmental toll, not including the disruption and inconvenience they cause for hundreds of thousands of commuters. BART is the workhorse of the Bay Area’s transit system, and the 2013 strike conservatively cost the Bay Area $73 million a day in lost worker productivity and $3.3 million in additional fuel costs from commuters forced into their cars. Increased traffic congestion spewed 16 million pounds of carbon into the air each day. Holding the public hostage over a contract dispute is unfair, unreasonable and unnecessary. We need to find a better way to resolve BART contract disputes.”
“After only a few months on the job, Assemblymember Catharine Baker has begun to fulfill her commitment to all East Bay BART riders. Her new bill will close the loophole that allowed BART employees to strike while they received pay and benefits under an expired contract. Ms. Baker is an elected official that follows through on her promises – how refreshing,” said Vice-Mayor Karla Brown with the City of Pleasanton.
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Baker represents the 16th Assembly District, which includes the communities of Alamo, Danville, Dublin, Lafayette, Livermore, Moraga, Orinda, Pleasanton, San Ramon, and Walnut Creek.
Here is a look at the AB 528:
An act to amend Section 3616 of, and to add Section 3616.1 to, the Government Code, relating to the San Francisco Bay Area Rapid Transit District.
LEGISLATIVE COUNSEL’S DIGEST
AB 528, as introduced, Baker. San Francisco Bay Area Rapid Transit District: strikes: prohibition.
Existing law creates the San Francisco Bay Area Rapid Transit District and establishes provisions regulating the collective bargaining of the employees and the board of directors of that district. Existing law prescribes procedures specifically relating to the collective bargaining of transit districts, and authorizes the Governor, when it appears a strike will significantly disrupt transportation services and endanger public health, safety, and welfare, to appoint a board to investigate issues in connection with these labor negotiations and make a report. Existing law prohibits a strike during the period of investigation and permits the Governor, upon receiving a report from a board of investigation, to request the Attorney General to petition a court to enjoin the strike, as specified.
This bill would prohibit employees of the San Francisco Bay Area Rapid Transit District from engaging in a strike or work stoppage if the transit district board maintains the compensation and benefit provisions of an expired contract and an employee or employee organization has agreed to a provision prohibiting strikes in the expired or previous written labor contract. The bill would provide that an employee whom the transit district employer finds willfully engaged in a strike or work stoppage in violation of these provisions is subject to dismissal if that finding is sustained upon conclusion of the appropriate proceedings necessary for the imposition of a disciplinary action.
The people of the State of California do enact as follows:
SECTION 1.
Section 3616 of the Government Code is amended to read:
3616.
Except as expressly provided by subdivision (b) of Section 3612 and Section 3614, 3612, and Sections 3614 and 3616.1, nothing in this chapter shall be construed to grant or deprive employees of a right to strike.
SEC. 2.
Section 3616.1 is added to the Government Code, to read:
3616.1.
(a) This section shall apply to employees of the San Francisco Bay Area Rapid Transit District as created in Section 28600 of the Public Utilities Code.
(b) Notwithstanding any other law, if the Board of Directors of the San Francisco Bay Area Rapid Transit District maintains the compensation and benefit provisions of an expired contract, and an employee or employee organization has agreed to a provision prohibiting strikes in the expired or previous written labor contract, then a strike or work stoppage by employees of the district is hereby deemed contrary to the public interest and is prohibited.
(c) An employee whom the transit district employer finds willfully engaged in a strike or work stoppage in violation of subdivision (b) by failing to report for work shall be subject to dismissal from his or her employment if that finding is sustained upon conclusion of the appropriate proceedings necessary for the imposition of disciplinary action upon the employee.
