By a vote of 7-1, Bay Area Rapid Transit Board has directed the General Manager to go back to the bargaining table and continue a discussion with union officials in an attempt to resolve the matter. According to the announcement, Former chief negotiator Tom Hock is no longer associated with the District. A new chief negotiator will be named shortly.
Here is the email along with additional documents highlighting the timeline of the negotiations.
Subject: Statement of BART Board President Tom Radulovich on Behalf of BART Board
Statement of BART Board President Tom Radulovich on behalf of the BART Board of Directors
The Board of Directors met in closed session tonight and has voted 7 to 1 to release the following statement:
“We’ve reviewed the chronology of events concerning section 4.8 and are convinced that it was never the District’s intention to include the disputed Family Medical Leave Act proposal in the contract. We’ve also reviewed the preliminary costing of the proposed benefit.
We are not comfortable with the potential liability that could result from the adoption of this contract provision.
We have directed the General Manager to go back to the bargaining table and continue a discussion with union officials in an attempt to resolve the matter.
Former chief negotiator Tom Hock is no longer associated with the District. A new chief negotiator will be named shortly.
The Board is disappointed that this error occurred and was not caught earlier. All aspects of the matter will be fully investigated and any appropriate disciplinary action will be taken. Furthermore, all of our
bargaining procedures will be reviewed and improved for transparency and accuracy.We are releasing to the public two documents that were reviewed by the Board tonight: a chronology of events concerning section 4.8 and the preliminary costing of the potential financial impact of this proposal over the four years of the contract. We will release further information about the matter as it becomes available and post it on www.bart.gov.”
Rodd Lee
BART – Government and Community Relations Manager
Timeline
- April 1 – Initial Exchange of Proposals
- May 13 – Bargaining Started
- May 30 – Union Proposal 4.8 discussed at the table
- June 5 – Union Proposal 4.8 withdrawn by Union
- June 6 – District Comprehensive package formally rejecting Union Proposal 4.8
- June 11 – District Comprehensive package formally rejecting Union Proposal 4.8
- June 24 – Union Proposal 4.8 withdrawal reaffirmed by Tom Hock/Chief Negotiator and never questioned by Union.
- June 27 – District Comprehensive package – Includes all negotiated TA’s but not Union Proposal 4.8
- June 29 – District Comprehensive package – Includes all negotiated TA’s but not Union Proposal 4.8
- July 2 – District Comprehensive package – Includes all negotiated TA’s but not Union Proposal 4.8
- July 5 – Beginning of 30 day cooling off period
- July 11 – TA erroneously created by temporary employee
- July 19 – Erroneous TA dated July 19
- July 19 – Union alleges package of TAs including Union Proposal 4.8 was received
- August 4 – District Requests 60 day cooling off
- August 4 – Email from ATU attorney listing all outstanding TAs to be signed as of July 19 – does not include Union Proposal 4.8
- August 7 – Board of Inquiry
- August 9 – Union alleges package of TAs including Union Proposal 4.8 was returned to District
- August 10 – District Final Offer with comprehensive cover – Lists all negotiated TA’s but not Union Proposal 4.8
- August 11 – Beginning of Governor’s 60 day cooling off period
- October 13 – District LBFO with comprehensive cover – Lists all negotiated TA’s but not Union Proposal 4.8
- October 21 – Parties reach Tentative Agreement
- October 22/23 – TA Inventory Meeting (Check off meeting)
- November 1 – SEIU/ATU Vote
- November 4 – During District Review for Board ratification meeting error discovered
- Week of November 4 – Initiated contact with Union to resolve issue
**** Union Proposal 4.8 never discussed in Negotiations after June 24 when Chief Negotiator confirmed Union withdrawal.****
