Fresno bus drivers union approves labor strike as negotiations with city break down
Fresno Area Express bus drivers voted overwhelmingly last week to reject the city’s proposed labor agreement, declare an impasse, and to strike, union leaders told The Bee.
While union members approved going on strike, there are no plans to do so “at this time.”
“But that may change,” said Alfredo Molina, the secretary for Amalgamated Transit Union Local 1027, which represents around 270 FAX bus drivers.
“At this moment, passengers don’t have to worry about the bus not showing up,” Luis Alcazar-Montoya, the ATU Local 1027 president, told The Bee on Thursday afternoon. “We don’t want to scare the public.”
The union’s contract expired in the fall of 2020, but negotiations were paused because of the coronavirus pandemic. Bargaining resumed in September 2021.
The two sticking points preventing an agreement include changes to overtime and a disagreement about how bus video footage is used.
Fresno City Councilmembers aren’t directly involved in the negotiation process, but the City Council directs city staff and ultimately approves labor contracts.
Councilmembers told The Bee the impasse is an urgent matter they hope to resolve quickly.
“When the negotiations with the police started grinding to a halt early this year, I stepped in and helped facilitate an agreement that was more favorable to both the city and our hardworking officers,” Council President Nelson Esparza said. “I’m confident that we’re going to arrive at a similar outcome with our bus drivers that keep the city moving.”
Councilmember Mike Karbassi said if FAX drivers strike, he’s ready to stand next to them.
“I want to make it very clear: I will march on the line with them if they strike,” Karbassi said. “I fully support what they’re trying to do. They’re trying to fight for their rights as workers, and I see room for improvement.”
Mayor Jerry Dyer’s administration does participate in the negotiations. Officials with the mayor’s team said they must refrain from commenting other than responding to specific claims.
Overtime
FAX drivers enjoy earning daily overtime, but they don’t necessarily work the typical work week, the union leaders explained.
Often, drivers work split shifts and don’t drive the bus the entirety of their shift. Sometimes, they’re on “standby,” waiting to pick up a route. They said they’re often forced to work overtime and a sixth day of work.
City officials explained bus drivers’ hours and pay this way: “ATU members receive time and a half for any time actually worked over eight hours in one day, even if they do not actually completely work their weekly assigned schedule.”
“We enjoy getting paid in unique ways,” Molina said. “We also work in a unique way.”
Plus, the overtime was a perk that motivated drivers throughout the pandemic, Molina said.
Councilmember Luis Chavez noted that many people depended on bus drivers during the pandemic.
“Bus drivers were on the front lines of our pandemic response, ensuring people were able to get to work, school, medical appointments, and grocery stores,” he said. “Our essential workers depended on the women and men of our bus service system to get to our food processing plants and ensure a stable food supply for our state and nation.
“These drivers endured dangerous working conditions during the pandemic, oftentimes without PPE, and still managed to perform their job professionally,” Chavez said. “We need to treat them with the dignity and respect they deserve and approve a fair contract for them as soon as possible. I look forward to working with my colleagues to make that happen.”
City negotiators proposed changes that would only pay drivers overtime after completing 40 hours of work for the week. That model would align with the Fair Labor Standards Act, they said. They pointed out that the federal Department of Transportation limits driving to 10 hours a day.
The way the shifts are currently set up, drivers may work a 12-hour day and have to return to work the next day for another 15-hour shift, union leaders said. That can lead to a high rate of absenteeism. It’s also made it difficult to retain drivers, especially young mothers who have more family responsibilities, they said.
“It takes a toll on a person,” Molina said. “But people do what they’ve got to do to keep a good job. It does impact those who are family-oriented. It chases people away.”
Ultimately, the system has led to a driver deficit, union leaders said. Currently, there are over 30 vacancies for bus driver jobs, they said.
“It’s the quality of life and burnout factor,” said Rick Steitz, the former union president who provides consulting.
At times, the driver deficit has resulted in canceled bus routes.
“I am hopeful that we will find a resolution that improves customer experience and services for our residents who desperately rely on public transit,” Councilmember Miguel Arias said. “There needs to be urgency for us to effectively address record bus route cancellations, overtime costs and improve passenger and driver safety which pose a fiscal liability to taxpayers.”
Video footage
City buses were equipped with cameras more than 20 years ago for the safety of drivers and passengers alike. If there were ever an incident that needed review, city administrators would review video footage 15 minutes before and after what’s called the “triggering incident,” the union leaders said.
But, the 15-minute policy was just a verbal understanding between the union and city administration, Steitz said.
Technically, the city hasn’t proposed language that changes the current policy.
“The city is not requesting any changes to the current policy, which was approved in previous MOUs,” said Assistant City Manager Greg Barfield.
But union leaders said they worry new department leadership won’t honor the years-long verbal agreement and will use the footage against drivers by building a case to prove they’re a liability. That could lead to drivers second guess themselves while on the job, union leaders said.
“If we’re second-guessing ourselves, it could mean the difference between disaster or a life-changing maneuver,” Molina said. “With the cameras, it’s like big brother is always watching.”
What’s next
The union sent a letter to the city last week declaring an impasse. Marissa Sanchez, the city’s director of personnel set up a meeting date with the union. At the meeting, both the union and city must state their positions.
If an agreement isn’t reached, the parties will select a further impasse procedure for remaining matters that cannot be agreed upon, city officials said. That likely will mean mediation, which could take months.
Arias said the issue should be addressed before the renewal of Measure C, a countywide transportation tax that may appear on the ballot for renewal as early as November. Arias said that might further reduce funding for FAX.
“All we’re asking for is a fair contract,” Molina said.
This story was originally published May 8, 2022 at 5:00 AM.
CORRECTION: An earlier version of this story incorrectly identified the city of Fresno’s personnel director. It is Marissa Sanchez.