Here we are in Day 2 of the SEPTA strike; commuters are still struggling to get around, and there's still no end in sight. We got to wondering about ways to prevent this from happening in the future. Here's one idea: transportation workers forfeit their ability to strike in exchange for binding arbitration.
Binding arbitration is currently used in contract negotiations for police officers and firefighters, who are barred by state law from striking. Basically, if the negotiating parties can't come to an agreement (and they usually can't), the contracts are decided by a panel of three people who act as mediators. Generally, both labor and management adhere to the results of the arbitration process, though limited appeals are possible. For more on binding arbitration, check out this post.
If SEPTA and the TWU agreed to binding arbitration, commuters would no longer have to worry about waking up one morning to find that the buses aren't running because of a strike. Union members would still have collective bargaining, but disagreements wouldn't cause the system to shut down.
Would it be justifiable? We think so. Mass transit is essential. Residents of Philadelphia need public transportation just like we need police and firefighters. This is particularly true during tough economic times, but also if we're serious about making Philadelphia more sustainable.
We ran the idea by SEPTA spokesman Richard Maloney, who told me binding arbitration was not something supported by management.
“This has come up in the past. Our position has been that we believe a contract is best agreed through collective bargaining,” said Maloney. “It's best to get it done at the bargaining table. That's what has worked best for us in the past.”
Maloney declined to further explain SEPTA's reasoning, but it may have something to do with the fact that binding arbitration is often seen as producing generous contracts for workers. TWU did not immediately respond to a request for comment, although they have supported this idea in the past.
Philadelphia wouldn't be the first city to go this route. New York City switched to binding arbitration for transit workers after a strike in 2006. In Canada, the city of Ottawa is in the middle of considering switching to arbitration after a 52-day strike shut down its mass transit system.
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we need a bailout to bring in a safe clean public transportation system so the few people that are working in this economy can get to there jobs— joeyfrom21st- Binding Arbitration: This is the only amicable solution that is fair to all party's involved. I would not see any agreement made without provisions to prevent this from happening again.— JoJoJazz
- Before you go down that route, check out the mess that's recently been revealed in the NYC transit contract arbitration. It imposed outrageous increases for the unions and then details came out that make it look like a crooked process. I suspect the governor is engaged in a Kabuki dance with the union: publicly appearing to disagree then...voila!...they agree to very generous terms to "ease the hardship on riders". Just wait.— jeanneB
- I think there's a much easier answer to this problem that I wish would get more press because it's clearly the one that most people agree with. GET RID OF THE STUPID UNION.— pennlaw12
Comment removed.- Easy solution offer a contract to the union people first they can take it or leave it. If they don't want the job post it in the want ads I'm sure someone will apply— zbskrn
- SEPTA is as essential as the police and fire departments. Binding arbitration is a no-brainer. If the members of the SEPTA Board were dependent on public transportation, then we would already have binding arbitration for SEPTA.— Blanketman
- No striking and no binding arbitration. Market-driven (labor supply and demand) compensation is the fairest way.— johnklevas
- Binding arbitration may be the way to go, although it sounds like SEPTA won't buy it. Those of you who are blindly anti-union have apparently never taken an American History course. There's a reason unions exist. I'd like to see you start demanding a little justice concerning exhorbitant executive salaries.— Jame
- How about being competitive, if there is another transit system out their for buses, we should allow them to run in the city. We could also do what Denver does, mainly run a city-owned transit system up and down Market Street. Denver's is free but I am sure this city could charge and 1/2 the problem would be solved.— concerns25
- Comment removed.
MONEY AND JUSTICE DON'T MIX
WILL THE NEW COUNCIL GIVE YOU A SAY?
Tips? Comments? Questions?
Contact:
Doron Taussig:
215-854-5307
doron.taussig@gmail.com
@dorontaussig
Holly Otterbein:
215-854-5809
hm.otterbein@gmail.com
@hollyotterbein
Juliana Reyes:
215-854-5855
juliana.f.reyes@gmail.com
@juliana_f_reyes
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