BART advised to start talks earlier, avoid abrasive negotiators

BART advised to start talks earlier, avoid abrasive negotiators
http://www.sfgate.com/bayarea/article/BART-advised-to-start-talks-earlie...
Michael Cabanatuan
Updated 6:44 pm, Tuesday, September 9, 2014

BART and its unions need to make scores of changes to avoid strikes, including agreeing to arbitration, starting talks earlier and easing out abrasive negotiators, according to a report commissioned by the transit agency.

The 224-page report, ordered by BART's Board of Directors after labor negotiations last year led to two strikes, calls on the agency and its workers to "break the cycle of adversarialism" dating to the 1970s.

The consulting outfit Agreement Dynamics made 63 recommendations in the report it will deliver to directors at their meeting Thursday. Among them:

-- Agree with unions on a form of interest arbitration, either binding or nonbinding, to avoid a strike if negotiators can't reach a deal.

-- Start talks six months before the old contract expires instead of the current three months.

-- Use neutral "facilitators" and possibly state or federal mediators from the start, rather than bringing them in when talks go bad.

-- Don't negotiate through the media.

-- Avoid using negotiators with "historically combative and/or adversarial styles." The report also suggests "test-driving" chief negotiators during attempts to reform labor relations before hiring one.

BART General Manager Grace Crunican said the agency is analyzing the recommendations and has already taken steps to improve relations with its unions.

"Last year's labor negotiation process was well below the standard the public and our riders expect and deserve," she said. "This report makes it clear that mistakes were made on all sides during the 2013 labor negotiations process. BART management certainly made our share."

Pete Castelli, executive director of Service Employees International Union Local 1021, which represents clerical, maintenance and administrative workers, said he supported many of the recommendations. But, he said, BART doesn't have to wait for the next round of contract talks to improve labor relations.

"Anything that gets us having these kinds of conversations and gets management thinking about what happened is a good thing," he said. "Taking a different approach that would mean good faith bargaining, we'd welcome that. But they can do that now. They could do that yesterday."

Michael Cabanatuan is a San Francisco Chronicle staff writer. E-mail:mcabanatuan@sfchronicle.com Twitter: @ctuan