Published 25 Feb, 2012
This week TWU Local 250-A filed a petition in the California Superior Court to have last year’s arbitrator’s decision, that imposed a contract on Muni Operators, overturned.
The filing is against the numerous violations of law and procedure, such as how the makeup of the Mediation/Arbitration Board violated provisions of the city charter, proper notice of the arbitration proceeding to the members of 250-A was not given and how the Board failed to conduct evidentiary hearings.
“After we took office, it became apparent to union leaders and our lawyers that SFMTA’s Board didn’t follow the rules established by Prop G,” said Local 250-A President Eric Williams “The arbitrator and the Agency violated the city charter. Furthermore, management doesn’t even have a signed labor agreement. Our lawyers believe we have a strong case for overturning the June ruling and we’re going to pursue it.”
Last year’s labor negotiations between the San Francisco Municipal Transit Authority (SFMTA) and TWU were the first under guidelines established by Proposition G, a ballot measure that changed the collective bargaining rules for SFMTA and its transit operators. Proposition G was approved by voters in Nov. 2010.
“Prop G was a poorly written law that likely conflicts with state labor statutes,” said Local 250-A Vice President Ronald Austin. “We want to see last year’s arbitration overturned by the courts now and Prop G reversed later.”
The local’s attorney, Ken Absalom said Prop G is a bad law.
“When an arbitration board along with the SFMTA’s managers fail to follow Prop G guidelines, a bad law becomes even worse.”
The union’s lawyers expect a decision by the court within 60 days.
A hearing before the State of California’s Public Employment Relations Board (PERB) will be held later this year.
A copy of the union’s legal petition can be found at the Local 250-A website at: http://www.twusf.org.