Governor Brown Order Pre-empts BART Strike



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(Sacramento, CA)
Sunday, August 04, 2013

Brown quotes two sections of the government code that he says give him the right to block the strike while the board he appointed conducts an investigation.  The board is made up of chairman Jacob Appelsmith - the current director of the Department of Alcoholic Beverage Control and a former special assistant to the  California Attorney General, Robert Balgenorth - the current San Francisco Director of Human Resources and Micki Callahan-the president emeritus of the State Building and Construction Trades Council.

 

Brown urged both sides to work together to avoid a work stoppage.

 

His letter announcing the appointment of the board is below:

 

Ms. Grace Crunican

General Manager, San Francisco Bay Area Rapid Transit District

P.O. Box 12688

Oakland, CA 94604

 

Ms. Antonette Bryant

President, ATU Local 1555

132 Ninth Street, Suite 100

Oakland, CA 94607

 

Ms. Roxanne Sanchez

President, SEIU 1021

100 Oak Street

Oakland, CA 94607

 

Ms. Jean Hamilton

President

AFSCME, Local 3993

80 Swan Way, Suite 110

Oakland, CA 94621

 

Dear Ms. Crunican, Ms. Bryant, Ms. Sanchez, and Ms. Hamilton:

 

At the request of the Bay Area Rapid Transit District, I am appointing a board to investigate the threatened strike that would disrupt public transportation services in the Bay Area. This board is appointed under the authority of Government Code, § 3612, subdivision (a), because the strike will significantly disrupt public transportation services and will endanger the public’s health, safety, and welfare. 

 

The three individuals appointed to the board of investigation are:

 

Jacob Appelsmith, Chairman

 

Robert Balgenorth

 

Micki Callahan

 

The Government Code prohibits any strike or lockout while the board completes its investigation.  (Gov. Code, § 3612, subd. (b).)

 

The board is directed to provide me with a written report within the next seven days. For the sake of the people of the Bay Area, I urge - in the strongest terms possible - the parties to meet quickly and as long as necessary to get this dispute resolved.

 

Sincerely,

 

 

Edmund G. Brown Jr.

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