Unions sue over Prop. G

Ross Mirkarimi, San Francisco District 5 Supervisor, speaks to volunteers of the Community Clean Team at the African American Art and Culture Complex on Saturday August 7, 2010 in San Francisco, Calif. Hundreds of Volunteers worked cleaning various neighborhoods within District Five. The Community Clean Team, which celebrates its 10 year anniversary this year, is led by the Department of Public Works in partnership with other city agencies, residents, merchants and students and operates with the purpose of beautifying San Francisco neighborhoods. less Ross Mirkarimi, San Francisco District 5 Supervisor, speaks to volunteers of the Community Clean Team at the African American Art and Culture Complex on Saturday August 7, 2010 in San Francisco, Calif. Hundreds ... more Photo: Jasna Hodzic, The Chronicle Photo: Jasna Hodzic, The Chronicle Image 1 of / 3 Caption Close Unions sue over Prop. G 1 / 3 Back to Gallery

Muni operators have sued the city to block implementation of key portions of Proposition G, the ballot measure approved by San Francisco voters last fall aimed at giving Municipal Transportation Agency managers more leverage during contract negotiations.

Transport Workers Union Local 250-A, which represents more than 2,000 Muni operators, and four other unions whose members work at Muni, quietly filed a lawsuit in California Superior Court last week against the city, the Municipal Transportation Agency and San Francisco transportation chief Nathaniel Ford.

The unions are taking aim at a portion of Prop. G that says should the operators and management reach impasse at the bargaining table, resolution of the dispute will fall to an independent arbitrator who must take into account a proposed contract's impact on fares and service.

Such restrictions, the lawsuit states, "render the good-faith bargaining procedure mandated by state law impermissibly onerous and illusory (and) ... effectively prohibits an arbitrator from ruling in the unions' favor on important and mandatory subjects of bargaining."

In addition, they take issue with the Prop. G clause that nullifies long-standing agreements with the operators negotiated outside the scope of their contract, unless top agency officials agree to keep them.

Supervisor Sean Elsbernd, chief sponsor of the ballot initiative, said he wasn't surprised that the unions went to court. "I recognize that we're pushing the limits, but I'm confident we're within the bounds of state law and we'll be OK."

Contract negotiations between the transit operators and management began this week. The current contract expires June 30.

- Rachel Gordon

A rare sighting: It was almost a head-turning moment at City Hall: Mayor Ed Lee showed up at the Board of Supervisors' turf Tuesday - and on time, at that - for a sit-down meeting to discuss pension reform efforts.

The moment was because Lee met with the supervisors as a group to talk policy and not just give a speech. Long-time City Hall observers can't remember the last time that happened.

"It was great to have him here," Supervisor David Campos said after the session. Lee emerged from the huddle with a similarly positive response, calling it "a good discussion."

He said that his office would continue to work closely with the supervisors to find a way to rein in escalating pension costs for city employees. "It was a general discussion because it was the first, but it won't be the last," he said. And starting next month, Lee (and mayors who follow), will appear monthly before the board in open session to answer questions posed by the supervisors, as mandated by city voters last fall. The board finally gave preliminary approval Tuesday to rules governing the Question Time process.

With few exceptions, the supervisors will have to hand over their questions almost a week in advance of the mayor's appearance and the focus is supposed to be on formal policy issues.

Supervisor John Avalos hoped to build a little more spontaneity into the process, but couldn't get traction with his colleagues or the mayor. Maybe sometime in the future, Avalos said, "we can add a little more life into it."

- Rachel Gordon

Mixed messages: The same day the Recreation and Park Department filed an unlawful detainer against the Haight Ashbury Neighborhood Center, known as HANC, to oust the organization's recycling operation from Golden Gate Park, the Board of Supervisors voted 6-5 in support of a nonbinding resolution urging park officials to back down.

Rec and Park officials contend that HANC's lease on the site tucked in the southeastern corner of the park expired last Friday. But HANC representatives say the lease is good until June and are refusing to leave.

Now with the unlawful detainer filing, a legal battle is under way. So is a political battle.

Supervisor Ross Mirkarimi authored the legislation approved by his colleagues Tuesday. It was watered down a bit with an amendment by board President David Chiu, but the point was the same: urging park officials to rethink their position to push out the recycling center.

Park officials, who plan to replace the controversial recycling facility with a community garden, don't have to do what the supervisors want, and aren't planning to reverse course, said department spokeswoman Sarah Ballard.

Voting in favor of Mirkarimi's resolution were Chiu and Supervisors John Avalos, David Campos, Jane Kim and Eric Mar. Opposed were Supervisors Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell and Scott Wiener.

- Rachel Gordon