At 4 a.m. on Nov. 9 Philadelphia’s transit system slowly churned back to life. TWU Local 234 members were back on the job after the Southeastern Pennsylvania Transportation Authority’s stubborn refusal to offer an equitable contract forced its workers to hold a strike that lasted six days.
Negotiations were long and heated. Local 234 President Willie Brown, Local 234 Executive Vice President Brian Pollitt, International Vice President Jeffrey L. Brooks and TWU attorney Bruce Bodner spent all six days in negotiations that moved slowly. Pennsylvania's Gov. Ed Rendell and U.S. Representative Bob Brady were involved in the talks. The governor brought his resources with the intent of settling a deal, but in some instances, when the deal broke, he sided with the authority. Brady helped broker the deal and was very helpful in bringing it to closure.
Local 234's contracts with SEPTA always expire in March and negotiations typically begin late the preceding year. Local 234 President Willie Brown assumed the position of president in December 2008, the same month that the National Bureau of Economic Research announced that the country had been in a recession for a year, financial institutions were floundering and being bailed out, and corporate downsizing and closings forced mass layoffs and buyouts. Brown had a very tough job cut out for him. He knew he had to negotiate a contract that provided the standard of life to which his members were accustomed, with a transit authority that was set to use the country's recession as an excuse to give little and ask for a lot in return.
“SEPTA is operating at record-high levels,” said International Vice President Jeff Brooks. “Ridership and revenue levels are the highest the authority has seen in years putting them in a position to really work with us, but they just would not budge.”
The Local started flooding the media with commercials and editorials early on in the year 2009 in an effort to explain to the public that they were struggling with SEPTA, which was trying to cut members' wages and pensions significantly. This proved to be to no avail months later during the strike, when biased media and raging politicians acted as if it came out of thin air.
Throughout the first nine months of 2009, each time TWU tried to negotiate with SEPTA, the authority's offers became worse than the time before, an insult to the negotiation process itself. Local 234 receives its raises, negotiated in the contract, each December, so as fall approached the need to settle a contract became more pressing. Negotiations heated up. The mayor and governor were worried about money. "The city's contract is up next and they want to put zeros on the city," said Local 234 President Willie Brown, but the transit authority is in much better financial condition than the city. "If we didn't take zeros, they'd have a hard time giving others that. We were the first, so they figured if they make us take it they'll make everyone else take it too."
Local 234's fight helped pave the way for other unions whose contracts are about to expire and need to negotiate a fair contract for their members. If unions didn't fight for their members' rights then all working people would suffer. In solidarity, the Local was fighting for respect, fair treatment and the right for hard-working people to be able to provide for their families. It was fighting for the middle class.
October negotiations had brought out a contract that cost workers while it benefited management; offered a decreased raise, which was diminished by an increased pension payment; and perpetuated discrimination by neglecting to include "picking" rights, the right for employees to choose their equipment and job placement based on seniority. Forced to turn to the last resort - a strike - Local 234 leadership took the decision to its membership. At the strike authorization vote on Oct. 25, members unanimously voted to strike. The strike was set for 12:01 a.m. on Oct. 31.
At 11:45 p.m. on Oct. 30, President Willie Brown received a phone call from Governor Rendell, who was pleading with Brown not to call a strike, his major concern being the national attention it would cause at that time when Philadelphia was hosting several of the World Series games at the city's Citizens Park. Rendell asked both parties to his office for 'round the clock negotiations.
Over the next three days, the TWU tried to reach a settlement by asking SEPTA for a list of costs created by the contract, and calculating how the union could still get what its members need but cost the authority less. SEPTA's numbers on the cost of union pensions raised a big red flag. SEPTA has always underfunded its workers pensions and, in the proposed contract, was asking them to contribute more for less in return. And then, during negotiations the Local discovered that responsible and honest management of the funds was in question as well, and saw that it would need to request an audit of the pension plans to ensure its members’ money was being handled correctly. SEPTA refused a provision that would require it to allow the TWU to audit the pensions and told Brown "take [the contract] or leave it." This brought negotiations to a standstill and prompted the now unavoidable strike.
At 3 a.m. on Tuesday, Nov. 3 all of Local 234's City, Frontier and Suburban division members went on strike. The rank and file held down the picket lines as the negotiating team battled with SEPTA over the right to a fair and equitable contract. Brown didn't want to stall an entire city and become the "most hated man in Philadelphia," but his duty called, to get an equitable contract for his members and strike if necessary, as it was. "The strike was something I had to do, not something I wanted to do to inconvenience anybody. It is our only tool of survival, and it was effective in the end," said Brown.
Hungry for a story and an end to the strike, the media ate up the misinformation that Gov. Rendell fed it over the six-day period. The governor told Philadelphians the strike was going to end when negotiations were far from reaching a resolution. He also appeared on television announcing that the Local was taking the contract to the members to vote. This was a blatant lie; he already knew that the TWU Constitution requires the Local Executive Board to vote on a contract before it goes to members for ratification.
On Sunday, Nov. 8, the Executive Board approved the contract and just after midnight on Monday, Local 234 leadership and SEPTA signed. The contract provides 11.5% raise over five years with a $1,250 signing bonus; the right for the union to select which contract grievances go to arbitration and in what order – a win that will help to eliminate the discrimination caused by lack of "picking" rights; the exclusion of the ability for SEPTA to impose any changes on the union if health care reform increases cost for the authority; the continuation of the dental plan, among other provisions. Read the details of the tentative contract
here.
“We stand united,” said Brown. “We continue to move Philadelphia, and we move it well.”