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Friday, November 6, 2009

Philadelphians are eager for the transit strike to end, so it's not surprising that some media outlets have featured quotes from Gov. Ed Rendell and Rep. Bob Brady saying a settlement may be near. However, I think it's risky to be too optimistic. To settle this strike, SEPTA and the union will have to find some common ground. And, as far as we know, that hasn't happened yet.

Below is a quote from a FOX 29 story entitled “Deal to End SEPTA Strike in The Works.” It gives the impression that deal has basically been worked out.

Late Friday night, Gov. Ed Rendell and Congressman Bob Brady announced they may have an agreement between SEPTA and Transport Workers Union 234.

The proposal has been tweaked a little bit. The union is getting a little more of what it was looking for, with an 11.5-percent raise over a five-year period and a higher pay hike coming in the first year, as well as some compromise on some non-monetary issues.

If things go well, this may be the last day commuters have to worry about how they're getting to and from work or school.

Look, it's understandable that people want to believe Rendell and Brady. I'm sure they're doing everything they can to settle the strike. However, let's remember that part of the reason that people were so surprised about the strike was because Nutter, Brady, and Rendell basically said that a strike was off the table late last week. That turned out to be wrong, and so could the current rumors of a deal. If you look at what Rendell actually said, it's clear that a quick end to the strike is far from certain:

"The union is reviewing overnight the offer that was faxed to them by SEPTA as a result of our conversations and conversations the congressman had with the union. And they're going to review it tonight and take it to their executive board in the morning. And hopefully – and I say hopefully, not assuredly, hopefully – we'll have an agreement during the day tomorrow that will allow the trains and buses to be running by rush hour tomorrow night," Rendell said, referring to Friday night.

The truth is, there won't be a settlement to the strike until the two parties sit down and hammer out a deal. And as far as we know, the two sides haven't even been in the same room together since the strike began. Getting them to sit down together would be a real sign of progress, as opposed to statements by third-party negotiators.

Also today on IOM: Arguments for and against the TWU; Is leaf collection a service for the wealthy?

Posted by Ben Waxman @ 10:05 AM  Permalink | 13 comments
Comments   
Posted 11:13 AM, 11/06/2009
gfunkerror
I KNOW RIGHT!
Posted 11:14 AM, 11/06/2009
CleanupPhilly
Look at the Ink and DN. Who's reporting only what partisans tell them as facts? Here's a quote from Nov. 2: "Brown said that as long as Rendell was involved in talks, the union would continue bargaining and not have a work stoppage, said a TWU spokesman." Then Rendell said he would NOT use state money to settle the strike on Day 2: "Rendell, who on Saturday had threatened sanctions against either side who walked out on talks, did not specify what action, if any, he might take against the union. 'I might decide, if the strike goes on for a length of time, I'm not going to put in state money' to help SEPTA pay for wage increases, he said, referring to the $6 million from the PennDot economic development fund." That was not true. I can't find the Nov. 1 article that headlines that an agreement is near. Come on folks. It's not the other guy. It's "youse."
Posted 11:27 AM, 11/06/2009
CleanupPhilly
Which two papers were reporting that a "progress was being made" (Beware the passive construction), and that the two sides were "closer to an agreement?" I went to bed that night thinking there's a contract, and woke to hear there's a strike. The union lied to you, and you printed it. Rendell, Brady, and even Nutter stated their most wishful thinking, and the parts of it that were the most pro-union and least critical, you printed as fact. In fact, the politicians were trying to spin the position of the union in a more positive light, until finally Nutter gave up in exasperation, saying that it's hard to negotiate when you don't know what the parameters and terms are. Let's follow up. What are the sanctions Rendell plans to use? Is he just a fat gas bag? Where's Brady, all of the sudden? Can Rendell legally use "economic development" money for operating costs like salaries and benefits? I don't believe he can, so maybe the press would care to look into that. Come on. Unless it's "My Community," the non-print version of the paper, the skew to pro-union is overstated to the point of falsehood and absurdity, except for a few lite opinion pieces today that are highly personal, no supporting facts as to the legal rights of riders and management. Come on.
Posted 11:33 AM, 11/06/2009
CleanupPhilly
The quote from Rendell that he's not going to use economic development money, that he's going to use sanctions, is in a piece by Ink writer Paul Nussbaum. The quote that Brown would not strike if Rendell was involved is from a piece by DN writer Kitty Caparella. Both are great writers. What their coverage lacks, is interviewing the other side. Where are quotes from management, Wharton, non union labor attorneys, of which there many in Philly, anyone who can offer their experience and understanding of the law and how strikes go, how the media is manipulated? It's like the Ink and the DN just won't print some substantive info. PA is an At-Will employment state, and no, you do not have to remove the union for that to go into effect, that is just one way. If there is no contract, if there are no negotiations, Septa can hire and fire at will at that point.
Posted 11:36 AM, 11/06/2009
CleanupPhilly
There are union employees who feel coerced, who don't feel the union represents them, who think this is a wildcat, or illegal strike. They can petition the NLRB to remove the union. That would make a unbiased article that offers counterweight to the over-optimism of every day being on the verge of settlement. The two papers haven't even interviewed the NLRB during this long strike, and that is bizarre. You're not a TV station. There is interesting labor law just in PA, both court cases and legislation that applies here or could, so where's that analysis? Are you going to wait for Bob Brady to give you a press release first? Here's the website of the NLRB: http://www.nlrb.gov/
Posted 11:38 AM, 11/06/2009
CleanupPhilly
If there is information that is not just critical of the union as an opinion, but as a substantive criticism that gives weight to management, the Ink and DN won't print it. You're going to be blind-sided again if Septa exercises those options.
Posted 12:07 PM, 11/06/2009
gobirds556
if you believe something on Fox 29, it is your own fault.
Posted 12:13 PM, 11/06/2009
jrp
CleanupPhilly, do you have any real responsibilities in life?
Posted 12:16 PM, 11/06/2009
nephillygirl
CleanupPhilly makes a lot of excellent points! Where is the substantive reporting on labor law and similar aspects of this story? Where is your duty to the public to report thoroughly, and inform the public? Come on!!
Posted 12:18 PM, 11/06/2009
benwaxman
CleanupPhilly....Please start your own blog so I can spam it with useless comments. Thanks.
Posted 12:21 PM, 11/06/2009
benwaxman
nephillygirl, We have actually covered labor law quite a bit. Kitty Caparella and I did a live chat yesterday and talked extensively about how labor law projects the strikes, the likelihood of SEPTA workers decertifying the union (very slim), and possible alternatives to the current process, like binding arbitration. The truth is, Cleanupphilly will never be happy with our coverage. I'm not sure why she even bothers to read our site, since she obviously thinks we're all a bunch of morons.
Posted 12:21 PM, 11/06/2009
West Philly Ph.D
Cleanup, I spoke with a labor historian I know who reckons that these strikes are generally "symbolic" and generally over in about 10 days. My construction of that is that the union leaders basically are trying to keep some cred with their people, show that they're fighters. I hope he's right, but I'm a little leery because I read that SEPTA workers struck in 1998 and it took 40 days to get them back to work.
Posted 12:23 PM, 11/06/2009
dartvader
Willie Brown has shown no signs of being open to anything, which raises the question of whether ANY contract offer could end the strike. His goal seems to be to inflict maximum damage on managment out of spite.
13 comments
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