end. it was workers' rights versus management rules that killed it. the unions say at the last minute, bart threw in a management's rights clause. they didn't go into detail but decide some safety and overtime -- cited some safety and overtime procedural things they didn't like. management said they needed rules to keep bart sustainable in the future including updating train technology and that was it. after months of negotiations, both sides simply walked away. >> we had come together on areas of wages, pensions, everything they were asking for. we were this close. and yet at the last minute, they threw in a management rights clause to take away our rights as workers. everything else was done and should have been done. >> we need to have a partnership with our unions but it has to be on equal sides. we have put on the table a fair -- a 12% package and for that 12% package we expect to get some management rights so that

we're able to better manage. >> reporter: at the last minute, the union says they asked for an arbitrator to decide the issues and bart management declined. soliz and ken, i'm told the trains will actually run their routes through the night and then stop before tomorrow morning's commute. >> these people are mad at each other, brian. i don't think they will be working it out tonight. brian webb in oakland, thank you. ryan takeo is in berkeley where bart riders are just now hearing about the strike. ryan? >> reporter: elizabeth, we have been here since around 4:00. we have told a lot of people, talked to several people, broke into us to them. commuters on the way back home here at the ashby station, we talked to a lot of people. most are angry and trying to figure out what their backup plan is for tomorrow but one person really stuck out to me. she said she is glad she knows now that a strike is likely instead of finding out at 10:00 or midnight. she said she has been checking

her phone all night all this week but overall, the sense for commuters is frustration. >> oh, thank god i don't work tomorrow. but if it goes on for next week, i'll have to carpool with somebody or call a friend see if we can carpool together. >> it's frustrating because i don't have a car or bicycle and i use bart as my main mode of transportation. >> back in july i tried a little bit of everything, did ac transit one day, the ferry another day. and carpooling the other day, seemed to be the most successful so i'd probably do that. >> reporter: we talked to this station agent earlier this afternoon. this is a scary thought. he told us he can hold up to two months if need be. of course, he can't speak for all union members. but, liz, that just goes to show you that the unions are digging in their heels. back to you. >> thank you, ryan. kpix 5's phil matier has

been following these negotiations for months now. phil, it exploded this afternoon. i don't think anybody saw this coming. >> reporter: actually it hit the wall this morning. and that's why everybody got really, really quiet. it comes down to the work rules. they have agreed on a lot of the pay. they have agreed on a lot of the benefits. but these work rules everything from, for example, overtime. you can call in sick during a 40 hour week and still sign up for an overtime shift at the end of the week. bart wants to you work 40 hours in the shop before you get overtime. other things, even small things, parking spaces. a lot of it comes down to jobs. a job that used to take two can be done with one. assignments. they want the ability to say, okay, ken, tonight you're anchoring, tomorrow you're reporting and wednesday the morning shift. this comes to a core of what a lot of union strength is about with the rank-and-file. it is the work rules. it's the ability to say no to management. and the workers feel that they are being stripped of that and that is what they wanted to take to arbitration but bart said no. if you are getting the money,

you have to take these changes. >> because it looks like the union employees, they look at this compensation differently. let's put it that way. management says, hey, look, it's the entire package. >> right. >> it's the pension. it's what we kick in for your healthcare. and it's this raise we're going to give you 3%. >> exactly. >> that's the package. well, the union wants to separate it out. >> exactly. >> work rules over here, money over here. >> that's exactly it. >> reporter: the question is, what is going to happen between now and midnight? i know that some bart directors are heading down to headquarters now to see if they will make a last-minute decision to go to arbitration. they have to find a legal opinion about whether they can meet even whether they have time as one person said. i don't know if we have time to cave. so they will deal with that. the second part of it is the unions, they said okay, they will stay around waiting for a phone call but the strike is on. the only question now is whether they get a call from bart saying we agree go to

arbitration. if not, the strike is on. >> all right. it's cut and dried. we'll see what happens for the rest of the evening. phil matier, thank you for that. and you can find a list of transit alternatives on our strike survival guide. that's on kpix.com. tomorrow, we will have a special extended he degrees of our kpix 5 morning news because of the threat of a strike. you have to be ready for all this. our coverage will begin a half hour earlier at 4 a.m. breaking news. two 6-year-old children have been seriously injured after a 90-year-old man drove his car into a walgreens. it happened on the 600 block of santa cruz avenue in menlo park. that's where our kiet do is right now. kiet. >> reporter: liz, we have an update on the condition of one of those boys. it's not looking good for him. both of those brothers are in the hospital right now. one of the them in critical condition -- one of them in critical condition with possibly life-threatening injuries and the other in serious condition with nonlife- threatening injuries. the menlo park police department crash unit is here with special cameras taking

pictures of the scene. now, this happened sometime around 2:30 when a 90-year-old man thought he was in reverse but when in fact he was in drive got confused, hit the gas and he jumped the curb and then hit the wall with such impact that it cracked the marble and pinned the two 6-year-old brothers up against the wall. witnesses tell us there was a lot of screaming. they came out, everybody was basically in shock. everybody froze didn't know what to do. and that's when some good samaritans jumped in to help. >> numerous witnesses ran to thated of the children. people were actually pushing the car away from the wall to extricate the children from the situation. numerous witnesses ran to the aid of the children. >> reporter: good samaritans came by and did some heroics? >> yes. >> reporter: the 90-year-old man was shaken up. he didn't appear to be under the influence of drugs or alcohol. he has been released because they have deemed this an accident. we talked with some of the servers who helped him out at a restaurant that he had lunch at right before the accident. they said that he did not have

any alcohol with his meal. he left the restaurant in a -- with a walker so he appeared to be somewhat frail. but again, that man has been released. they will be in contact with him depending on how the condition of that boy goes. for now, the crash unit will be out here for at least a couple more hours blocking the northbound direction of santa cruz avenue here in downtown menlo park. >> thank you, kiet. hackers broke into sacramento state's servers. employee personnel records were compromised there. but that's not the only problem. the breach was discovered back in august. but a letter informing the nearly 2,000 affected just went out this week. employees are upset that it took that long. >> i think three weeks is an issue, is a huge issue. you only have so much time to, you know, contact your bank. >> to hear it took three weeks to send a letter, what would you say to them? >> it didn't take three weeks to send a letter. it took a while as these things do to investigate.

>> the university says it took them a month to figure out how bad the breach was and then three-week later in september they began note -- three weeks later in september they began notifying employees by mail. officials said it took that long to prepare letters. the costco store in south san francisco is recalling rotisserie chicken products that may be contaminated with salmonella. a little more than 13,000 kirkland signature foster farms chickens were pulled as well as soup, chicken salad and leg quarters. this after the usda found foster farms responsible for distributing contaminated chicken that may have made nearly 300 people sick. a san francisco police officer faces charges of stealing public money. 52-year-old ronald garecht was arrested the day after christmas last year after undercover officers saw him park his patrol car at home during his shift on at least 10 occasions. a pretrial hearing is scheduled for october 24. if found guilty, he could be

sentenced to a year in jail. apartment complex really scary. >> fire engulfed a bay area apartment. the frantic tales of escape and how a scream saved a life. >> what bay area post offices are doing that you might not expect because of its money problems. >> the weather is doing something you might not expect. it's warming up even more for friday. looks like a beautiful weekend ahead too. we'll have the entire forecast coming up for you after a break. >> but first, how critics fear a tiny gps device made in the bay area will lead criminals right to their unsuspecting targets. ,,,,,,,,,,,,,,

may soon be a thing of the . bu new at 6:00, misplace the car keys? you can't find your wallet? yes and yes. those concerns may soon be a thing of the past. kpix 5's len ramirez shows us a tiny gps device developed right here in the bay area is also

raising a red flag over security. len. >> reporter: well, ken, here we are again at the forefront of a very new powerful consumer technology. but the concern tonight is that not everyone will use this new technology for honest purposes. it's being called the world's largest lost and found. a new device coming on the market called tile. >> at tile we're building a device that will help you never lose anything again. >> reporter: it's the size of a large postage stamp and weighs next to nothing but packed with bluetooth low energy technology that will let users track down anything they attach a tile to like car keys. >> it can be very small. very low cost. and we can run off of a single coin cell battery for a year. >> reporter: the device works through an app on smartphones that have bluetooth and will work in a range of 150 feet. the device can be set up to beep to really help you find what was lost but one of the device's biggest features has raised security concerns. if you mark a tile as lost, other users on the system will automatically begin searching for it. if one of those users somehow

passes by the lost item, the tile will use their phone to send you a message using their phone's gps to pinpoint where it is. >> it will grab the unique id of that tile, grab the gps location of that phone, and then send that directly to you. so you can open up the app and see where it is on a map. >> i could see this being a very valuable item. the downside to this item is there's always bad guys out there that have other ideas of how they could use this item in order to track people to stalk people. >> reporter: former san jose cop and creative security ceo chuck wall is concerned that someone to easily slip a tile into another person's purse or backpack, attach it to a car, and use the app to find out where they go or live. because it's so small the tracked person might never know it was there. >> people that may want to put a restraining order on somebody and being able to put a chip on their car and follow them anywhere they go across the

united states, you know, there are a number of misuses that i could see. >> reporter: tile ceo nick evans says the company is aware of those concerns and has built in safeguards but declined to give specifics. >> it's really intended for objects that are left behind somewhere. the system inherently works better for that. plus we're actually building stuff into the app to prevent things like that but really you need to keep in mind that what we're actually able to do with tiles, what benefit that we're providing to everyone far outweighs anything that some people have concerns around. >> reporter: now, these concerns might be all for nothing if this device doesn't do well in the marketplace. but if it does, as many people expect it will, then it becomes more powerful. the more users, the more power it has. reporting live in silicon valley, len ramirez, kpix 5. >> really interesting device and applications. tile is expected to hit the market next year. it will cost about 20 bucks. fire gutted an apartment complex this morning in redwood city after a while the roof

giving in to the flames and caved. the rescue was so hectic, some tenants made daring escapes on their own down the building. some jumping from balcony to balcony. the six-alarm fire burned several units on the top floor of the woodside road apartment building leaving some tenants homeless tonight. now cate caugiran is learning the reason flames spread so quickly is because the complex was missing one very important thing. >> reporter: this couple heard sounds of glass breaking small explosions, and then a woman scream. >> we didn't know where it was or, you know, where to -- where we should go. we were in the apartment complex. it was scary. >> reporter: they had no idea their apartment complex was burning down. >> me heard commotion so when i went to check on the lady i thought somebody was maybe breaking into her apartment or something. so i saw the smoke in the stairwell. that's when we knew it was a pretty big fire and we knew we had to get out. >> reporter: the couple grabbed their son and ran out. meanwhile, another tenant, paul jenkinson, says it was a

woman's scream that saved his life. >> thank god she banged on my door. otherwise i don't know when i would have heard about it. the smoke alarm went off a little late. the smoke was so thick. >> reporter: by the time jenkinson opened his front door, he says the smoke was so thick, he couldn't see. so he ran out to his balcony looking for help. >> i went to my balcony, hoping it would go away and dissipate. it got worse and worse and i had to go down the fireman's ladder. >> reporter: the challenge was getting the people out and the fire hoses up to the flames. firefighters say most everyone did a good job of self- evacuating. we learned the building didn't have sprinklers. it wasn't required at the time it was built and this is one reason the flames spread so quickly. there were five people injured in the fire but they were minor injuries from burns to smoke inhalation. so all of those people are expected to be okay. in redwood city, cate caugiran, kpix 5. >> now, fire officials say it could be a while before they

know what caused the fire because there's so much debris to sift through. and a chipotle restaurant caught fire in castro valley before 9:00 this morning. here's a look at a firefighter on top of the restaurant's roof in castro valley boulevard. that chipotle and a nearby bank were damaged. no word on the cause of the fire. u.s. postal service is looking to hire hundreds of new employees here in the bay area. jobs range from mail carriers and handlers to technicians and truck drivers. the postal service's woes have been well documented. it's been downsizing and closing offices because it's been hemorrhaging money but a turnover in staff means they need to hire. >> good news is that we are not going anywhere. we are going to be around for the long term. people are retiring through attrition. we are losing a lot of people so we have to backfill those positions because we have to move the mail. >> people can apply through the postal service's website. not all the positions will be full time. a record 9.6 million people took part in the earthquake

drills around the state. 300 students at san jose's tech museum had to drop, cover and hold on as part of the "great california shake-out." the drills mark the 24th anniversary of the loma prieta earthquake. 63 people died when the 6.9 quake struck in october of 1989. >> cannot be 24 years ago. >> isn't that amazing? where were you when the quake hit? >> under my dining room table. >> are you series? >> that's where i went right away. i knew. >> my girlfriend wanted to see the leaves turning on the east coast so the biggest story of my life, i was in pennsylvania. nevertheless it i have seen a lot of video of it. [ laughter ] let's have a look outside. mostly clear skies and the numbers tonight at 8:00, looks like mid-60s around the bay. it's going to be nice and warm inland at 8:00 so if you are heading out in livermore, oh, it will be a pretty night to sit out on the veranda, clear and cool by the beach at 59 degrees. we have a big dome of high pressure that's sitting abeam the bay area that's going to keep anything out in the pacific well to or north for at

least a week so this high pressure is just going to continue to put a lid on us so the good into us is if you like warm weather, it will warm up a little bit tomorrow but the bad into us is, the air quality suffers a little bit as everything just bakes under that high pressure. so clear skies, as a result chilly nights. daytime highs will warm slightly. and we'll get plenty of weekend sunshine with the numbers warming up about a degree or two-a-day. if you are heading out tomorrow, maybe to spend the weekend and get an early start in sacramento, beautiful confluence of the rivers. 82 degrees in sacramento. 65 at lake tahoe. 61 in yosemite and 86 degrees at fresno. 69 degrees and partly cloudy skies up at eureka. we have found the overnight lows to be in the mid-40s for the most part in the bay area. 45 degrees at napa tonight. chilly in vallejo 46. closer to the metropolitan areas in the city, 53 degrees a little bit warmer. and 50 degrees in san jose. here's how it looks for tomorrow. 67 along it the shore at pacifica, that will be nice. 78 mountain view.

79 san jose. 82 livermore. and in the extended forecast, we are going to be looking for mostly sunny skies all the way through next week. it will cool down a little bit next week but not much. mid-70s around the bay. i should have shown you a picture of the bay bridge with the moon rising over it right now. we are one day away from full moon. and there's going to be a penumbral eclipse tomorrow night. >> excuse me? >> we won't be able to see it. fly to new york you can see it but nevertheless a full moon tonight. >> thank you. still ahead, how this new tunnel under the bay will serve as a lifeline for millions of people in the bay area. >> what really brought me to this whole thing was the syringes we found floating in here. >> those aren't the only pollutants what we saw in a bay area waterway. ,,,,,,,,,,

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the deep oakland police joining forces with the feds to clean up a major bay area waterway. for years, the oakland estuary has been a dump site collecting abandoned vessels and tugboats. kpix 5's da lin went along and found out about the huge hazards they create. >> reporter: a boat ride in the estuary and you will see plenty of marine debris from small objects to abandoned boats. they are creating a navigation and environmental hazard in the oakland estuary. >> leeching chemicals and lead and even some cases radiation throughout the whole estuary. >> reporter: clean-up crews found pcbs asbestos and heavy metals. >> these are all contaminants that in concentrated form would cause sickness or death. >> reporter: workers pulled this boat out today. it's one of at least 40 sunken vessels found here. this officer blames homeless people. they live on boats and abandon

them when the engines go out. state officials say it must stop. >> a lot of these boats are purchased for very small amounts of funds because a lot of peep don't want to dispose of them so they will sell them for $200, $300 and somebody can live on them and when there's a major malfunction, they don't repair it. they just go buy a different one. >> reporter: officer gordon last year asked the epa and cal recycle to help clean up the estuary after he saw 30 syringes floating on the water. they started the clean-up two weeks ago. aside from boats, they picked up plenty of wood. workers even discovered two 100- foot tugboats submerged in this area. >> they have divers in the water and they are going to patch the hose and pump out the water. >> reporter: the bigger problem is preventing people from dumping their voice. opd and other agencies plan to step up patrols. >> epa and cal recycle expect to have the site cleaned up by the end of the year.

>> reporter: in the oakland estuary, i'm da lin, kpix 5. >> the project costs more than $5 million paid for by state and federal grants. we are getting a peek inside the bay area's new water lifeline. five mile long seismically strengthened tunnel that runs under the bay a main pipeline for safe drinking water from hetch hetchy. >> studies show a major earthquake on one of the active faults in the bay area could create eye failure of the hetch hetchy -- a failure of the hetch hetchy system which could result in our service area to be without water for 2 months. >> so they buried the big pipe in the mud under the bay. hetch hetchy services 2.6 million people in the bay area. the project should be completed in the spring of 2015. a big relief for commuters. caltrans has set november 16 as the official date for the opening of the july 4th caldecott tunnel depending on the weather and safety tests. the $417 million project is

expected to really help traffic between orinda and oakland. coming up in our next half hour, the strike is set. the latest on bart negotiations right now as bart workers say they will walk off the job tomorrow. >> where it's back to business in the bay area after the 16- day government shutdown. >> and why more and more men think looking younger will make them more money. ,,,,,,,,,,,, look at them with that u-verse wireless receiver.

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now at 6:30: we're just 5- and-a-half hours away from a bart strike, if there is nol by >> >> your realtime captioner is mrs. linda m. macdonald. the parties were unable to bridge the gap. our efforts to help them to do that at this point in time was not successful. >> now at 6:30, we are just 5.5 hours away from a bart strike. if there is no deal by midnight tonight. let's get right to our brian webb. what are both sides so upset about, brian? >> reporter: liz, well, we just received word maybe five minutes ago that bart management was back over this way to make some sort of statement to the media. we don't know exactly what they might say, why they're coming back over here. hopefully, it's some shred of good news to keep this from going to a strike at midnight after what's been a crazy day. they are in this building talking for 30 hours and it ended about 4 p.m.

when union members came out and called management arrogant saying they had agreed to the money and they were this close to a deal until at the last minute bart through in a management clause the unions didn't like things like job duties, shifts, sick and overtime issues. management says since they gave unions the money they wanted, they deserved these new rules in place to improve operations and to make bart sustainable into the future. the union, they said, asked for an arbitrator to decide those issues and so far, bart has declined. so that was it. and after that, the talks were over. >> today i stand before you deeply disappointed that we were unable to do that but let me be clear, this is not a union strike. this is a management strike brought on by absolute arrogance and the fact that they thought that they could take workers' rights away. we were close on two separate

occasions to closing this deal. >> the district made it very clear that we had certain rights that we needed to maintain in this package that we had a level we could afford. the unions decided to if they wanted to take the money that was on the table, but not the work rules that were on the table. and they forced us to a situation where we needed to put an offer on the table that was black and white that included the rights that we had set forward. >> reporter: so even though the strike is supposed to begin at midnight we are told by the unions they will continue running their routes into the night and then stop before the morning schedule begins. i'm looking downed the sidewalk where bart management is supposed to come any minute. there are cameras and people waiting for them. i don't see them yet so we'll come back to you as soon as we see them heading to the podium and again hopefully they will have a shred of good news to save this. >> absolutely. all right, ryan takeo, thank you. we'll check back if there's any

or updates and we'll monitor these bart negotiations throughout the night. again as of now it doesn't look good but there are still 5.5 hours left until a strike. updates here of course on kpix 5 and our website, kpix.com. after 16 days of a government shutdown, federal workers are back on the job. thousands of furloughed employees went back to work at nasa ames and other federal bay area businesses. a last-minute deal was reached to increase the debt ceiling and re-open the government temporarily. but funding for the government will run out by january 15. and the debt ceiling is raised until february 7. in the meantime, lawmakers say they will be working on long-term deficit reduction and a new budget. just as quickly as a shutdown ended, parks in the bay area were ready to re-open. for some that meant getting back to work. fore, it saved a honey -- for others, it saved a honeymoon. >> i'm so glad to be back in this special place welcoming people and making this kind of

special place available to people from all over the world. >> for us, we're on our honeymoon so what are the chances that we still got to experience the parks? >> we would have stayed in napa if it didn't open. >> it is kind of busy. a lot of people heard we were open. proposal. that proposal included a 12% wage increase over the 4 years as well as preserving what we feel is the best benefit package in the country. the union said no to us on that but we stuck out here. we have been here trying to negotiate. we know that we had to show some flexibility and have done on two main things. one is economics. we're willing to put more money on the table too get a deal that makes sense for the district over the next four years and for the years after that. the other thing where we showed flexibility was on a package of work rules that we really need.

work rules sound obscure but work rules really mean, do we have control and can we make decisions as a district about staffing, about overtime, about job assignments, about scheduling and technology. so anybody out there at work imagining that managers had no control over those things can imagine it becomes a very, very difficult prospect to manage a district or to manage it effectively because these work rules create waste, they create inefficiency. and they have an impact on our riders. we were here discussing those things. we thought we were making good movement on an economic package as part of a comprehensive package. we also thought as part of a comprehensive package we were making and had actually signed off on a few agreements on the work rules. i think we were very, very surprised today when the unions walked out and said that they weren't going to talk to us anymore and delivered an ultimatum. so we're here to say that we want to keep this process

going. we need to get an agreement with our unions. going on strike is not acceptable. walking away from the table before a comprehensive agreement is not acceptable. we have a few options here tonight. one option and we put this forward on sunday, we put an excellent package out on sunday. they could actually take that to their members and have their members vote. it's our call again to have a vote. it is the 17th of october tonight. there hasn't been one member vote on any package that we offered. we believe we put forward an excellent package. we would like them to vote on it before they just reject it summarily. another option is come back to this building. we are here to talk and continue negotiations for as long as it takes. with that, i haven't got any more to say. [ inaudible ] >> arbitration is an option. the offer that we had tonight is we want all the parts that we want and then we'll

arbitrate the parts we don't want. i think that -- which is unacceptable. i think a proposal that would look at the two last packages that we provided and send both of those to arbitration is one that we would love to discuss with them if they are willing to discuss it with us. >> why didn't you put that out there? >> we haven't had a chance to put it out there because they gave us an ultimatum and walked away. >> they haven't been back to confirm, no one is talking right now? >> no one is talking right now. >> is there a plan for later on in the evening to have another meeting? >> we're here. >> how long will you be here? will you be here through the night? >> we'll be here as long as it takes. >> have you notified them that you're available to do that? >> yeah. they know we're here. >> and why not call back the federal mediator then? >> federal mediators are here too. and if they say let's get back together, we're here waiting with them and we -- [ inaudible ] >> pardon me? >> has the union responded? >> not yet.

not yet. >> when did you contact them? >> i don't remember. >> approximately? >> uhm, a while ago. yeah. >> since you made this offer to the news media about these two options, has anyone called them? >> we are going to get on the phone again and say, yeah, come back here. >> let's be clear. mr. cohen is still here and available to negotiate? >> i don't know if he is physically here but he hasn't left town. >> work rules would keep you, management, from having full control of bart making it run -- >> exactly. you know, one way to think about it is, i believe we have offered our unions the best wage and benefit package in the country. but unfortunately, we are saddled with one of the worst sets of work rules in the country which create a terrific amount of inefficiency. we need to correct that. >> can you give us an example about the scheduling and overtime that's holding you up? >> sure. i have a whole list here.

so i can go through a few of them. one of them, for example, is if you say to a worker, well, you can leave early, 15 minutes early on whenever, then everybody in that unit will get that right. we have given away the ability to schedule certain positions because we let the unions schedule those or some manager has let the union schedule those at some point. the famous example is the paycheck stubs. we have workers who fax things instead of email them because we can't ask them to update the technology. there's a whole host of them. and those are the things we need to address in this contract. you think about your own job, if you just said, no, no, i want to do everything exactly the way i did it in 1972, well, you probably wouldn't have a job. but unfortunately, here at bart, a lot of those practices can stick around. this isn't really a hardship on workers. all of us are dealing with new technology. all of us have to be flexible and reinvent the way that we do

work. but unfortunately, bart, that becomes an issue where the unions just have absolute veto power. if we ask them to do things in a new way, they can say no and that's absolutely the end of it. until they agree, we just lost control of those matters. >> they look at it as if they want to know -- they don't want to be one location one day, one location another, a third location another. different hours of the day. does your proposal give them that option -- [ inaudible ] management -- >> what we're asking for is what every other transit agency in this state has. if it was an incredible hardship, then i think everybody else who works in every public agency would be horribly oppressed. but what we want to go is go to the norms of government agencies. we're not asking for anything extreme or anything unusual. >> is there a possibility there will be no strike tomorrow morning? >> there is a possibility. it is not up to us. we have made the appeal here

tonight in front of you. we are going to keep making it to them. but these strike threats that have been coming like clockwork. unfortunately, that's not up to us. that's a game of brinksmanship on the unions. we don't feel that that's fair to riders. we don't feel it's fair to their workers. >> are you still holding tight to that $57 million package? >> that is negotiable. >> that is negotiable? >> yes. that's actually what we have been talking about here. as i mentioned, there is room to move on financials. and there's been room to move on work rules. we want an agreement that works for everyone. we have been entertaining proposals some from other own side, some from the unions actually about how to save money. and we would like to include any of those that have come forward. we have seen some recreativity on some of those. and those could be part of a comprehensive agreement. but i think our look is a long look. we would be willing to pay more in the next four years for things that will pay dividends

not only in these four years but after. and i think that's the main thing. we just need an agreement that works well for our workers which we think we have and for the district over the next four years and beyond. [ inaudible ] >> we're negotiating both but we need progress on both and it needs to be a comprehensive proposal. so if we give a lot on wages, we want them to meet us on work rules. it has to be a comprehensive package. what they would like is yeah, we'll take whatever money you have to offer and we won't talk to you on work rules which is what we heard today but that's unacceptable. >> options you can go to the table -- >> come back to the table tonight? >> arbitrator -- >> we can discuss looking at the complete proposals and sending both of those to an arbitrator. pardon me? the last two.

right. so we have one from sunday, they have one from today. we would have to discuss that as a board. but we're willing to discuss that with them. i should be clear, my colleagues have corrected me, the board would need to decide we're going to throw all this to arbitration but we're discuss it if they're willing to discuss it with us. >> how long will it make the board to decide that? >> there's a requirement under the [ indiscernible ] act that we have 24 hours. >> you have agreements on salaries, benefits. >> no. they haven't been reached because we don't have a comprehensive agreement. yes? >> when you say negotiable, we haven't heard that before. we heard last best final $57 million framework. >> right. >> is it now negotiable? >> i think if we can realize savings from some of these changes that actually pay dividends that we hadn't calculated as part of the 57 and then we're willing to look at benefits beyond the four years, that yeah, we think we can make that work. we think we can sustain it financially. and we think it would be a good

way to end this. >> wages and benefits package? >> exactly. what we don't want to do is just keep putting more on the table and not really see any movement on the other side. [ inaudible ] >> today, this afternoon -- >> we didn't put anything down this afternoon. we weren't asked -- our last proposal came on sunday. so yeah. that's what we have been here discussing since sunday is, is there room to move within the proposal that we offered? and we're still willing to have those discussions. we thought they were going well. >> talking about -- sunday -- the other -- >> the other was the union's package from today. >> what does it mean when you talk about work rules? they say that that is [

indiscernible ] attacks their seniority and their ability as a union decision seniority on issues. what do you say about that? >> we can talk about seniority. i mean, the main thing is we just need to be able to manage the district. lots of public agencies have seniority and all of those sorts of things in bidding. we just have an extreme example of, you know, we're not able to manage. and in some cases, the workers aren't able to effectively work. so we can make it work. we just need them to talk to us about it. >> seniority, you would be flexible -- >> seniority is not a reason for a strike. >> it's not -- my colleague says it's not a good reason for a strike. but we're willing, you know, to see if that could -- meaning we wouldn't go to strike over seniors. it's really about - over seniority. it's about doing the work of the district efficiently and effectively and value for the riders. we are spending riders' money. one thing that's important is we have a 70% fare box recovery

ratio. in plain english, that means out of every dollar we spend in our operating budget, 70 senses of that comes from the riders. we have -- 70 cents of that comes from the riders. we have an obligation to them to do the best job we can and to work efficiently and effect effectively. we think we can do that and pay fantastically good wages and deliver fantastically good benefits but we can't do both. we can't have this incredibly good pay and benefit package and then still have to labor under work rules that end up criming our ability to manage well and costing a lot of money for the riders and crippling our acts. >> benefits and salaries -- >> yes. that's it in a nutshell. if we can secure these, we think there's benefits in these four years of the contract which is what the term is, but also beyond. that's why we're really interested in talking with them about it.

and that's why we're not so interested in an offer where we'll take more money, but we won't even talk to you about these work rules. >> if a strike goes on for a while, is there a scenario where managers who are certified to operate trains might do that? >> we'll have to cross that bridge. it would need to be a board decision to do that. >> but tomorrow no plans for that? >> there will not be trains running tomorrow if there is a strike. >> living with these work rules for a while now. >> yes. >> why is now important to have them change? >> it's always been important. every four years, i have been on the board for a while, we have tried to make progress on these. back in 2009, we capped it. we just said no new ones. so what we wanted to do though is be able to go back to that huge accumulation of past practices and work rules from 2009 back to the days that bart started. the '70s. and be able to say, which of these don't make sense anymore and have a way to get rid of

the ones that really are just getting in the way of our being able to do the job for the riders that we want to do. >> workers don't want to work in one place one day, daly city the next day, night shift, then turnaround in the morning. why not give on that and for the employees who don't want to work in 18 different locations and be held to whatever -- bart might come up? >> the way it works now is sometimes you will go to a central location and bid. you never know where you're going from night to night anyway so that will get sorted out but you waste a few hours figuring it out. so you might be have to report to this location or that but the bidding process which is one of the work rules we would like to see fixed actually means that we lose at least an hour or two hours of worker time and everyone still goes out to another location. the disadvantage is the safety one. if you were working on a project let's say track working with third rail, and you did part of it one night and then

through the bidding you don't end up on that job somebody else does the next night, that's dangerous because the person that gets tossed out on that job the next night has to figure out what the person the next day did. so for continuity's sake, sometimes it's important to be able to assign somebody to just finish a job if you have to do it in two work windows. we have lost the ability to do that through these work rules that we have. [ inaudible ] >> strike contingency plans? sorry? [ inaudible ] >> the good news about the work rules is it doesn't affect your take-home pay. if we can reform the rules, we can offer the same pay and benefits for workers. the work rules are just waste. nobody is benefiting from them

right now. >> what about sick time and 40 hour workweek? >> the form of the 40 hour workweek was one where we thought we had got to. >> sick time -- >> that was one where we thought we had resolution before they walked out. >> will you still be ready to negotiate standing by -- >> yeah. we have to. we have to. we have to get to an agreement. strike or not, the only way to end this is with an agreement. we have given them a few options to striking. one is come back here and keep talking through this negotiating process. we have also given them what we think is a really good offer. take that back to your members as ac transit unions have twice done before striking. and another option would be come back and talk to us about an arbitration. but there's no need for them to strike. we think it's a terrible idea for their workers. we think it's a terrible idea for the riders and for the

people of the bay area. because we have alternatives. [ inaudible ] >> we didn't walk away. we're still here to talk about it. if they concluded the unions walked away, that option is off the table. i hope that's not true. i have been getting emails and tweets for days, you know, staged from the -- that have been organized by the unions. and they are saying respect the mediating process. keep working with the mediators. it would be real bad faith for them to walk away now because they have been telling everybody to tell me that that is what they are doing and they are committed to this process. so if that's true, then they need to come back here and finish the job that they started. surely there are

transportation models around the country where both sides are happy. are we bringing those to the table and saying, look at these rules, they are happy -- >> exactly. >> best practices. >> one of the things we could do is on past practices we could go to any other transit agency -- you're listening and watching tom radulovich the bart board president in the latest of move of what has been a strange dance this afternoon when the unions suddenly announced they were striking. we are getting a little more background now from management urging the unions to come back and keep negotiating, don't go on strike tomorrow. and a lot of this has to do with these work rules we keep hearing about. >> right, right, right. in fact, radulovich gave the unions three options. one take the original package they proposed on sunday back to their union members so they can vote. 2, come back to bart and negotiate. and the third, come talk about arbitration. phil matier what do you make about that press conference right there? >> reporter: what we have here

is basically bart tossing it back to the unions. they say you walked away. we have opening to taking the entire package to a judge, let them decide what about the work rules, pay and benefit. i just governor the phone with one union official -- i just got off the phone with one union official at the table didn't want to be named. so they said that's interesting. but we want to stay focused on the work rules. so you have a tug of war here. you have bart saying let's go to -- if we're going to open up to arbitration and have somebody cut the baby in half we want the entire package on the table. the unions are say no, we have these agreements only that one. it's parsing it out. what you're seeing here is a last-minute effort to at least get phone calls going back and forth in the hopes of averting a strike. whether that happens or not remains to be seen. but that's bart's position right now. >> yeah, these work rules are really interesting because bart management says this is archaic.

some of the rules are good in '72 but not in 2013 and we are talking about scheduling, technology. the unions very resistant to give up some control there. you can tell. and really that's the keyword in all this, "control." >> reporter: there's another word in there too called elections. bart union leaders are elected by the rank-and-file and i will tell you inth from my past experiences with negotiations and with contracts. a lot of times the rank-and- file after the contract is done, yes, they got something, but what they really remember is what got taken away. and sometimes that can cost a bart union leader or another union leader their jobs. so everybody has different agendas working here. it's not just what we're seeing on the screen. >> sure. >> all right. very fluid situation there. bart headquarters tonight, phil, thank you so much. of course we'll keep you updated here on kpix 5 on the latest on this impending strike at midnight and on our website, kpix.com. meanwhile, the weather is beautiful. >> yeah. let's quickly address what's going to be happening over the next few days.

we have the all-important weekend forecast coming up and things are clear tonight and that means it will be chilly, as well. mostly clear skies with and almost full moon. 75 in santa rosa. a balmy night inland, chilly along the coast. high pressure is built in strongly off the pacific northwest as that high continues to build. we get a little bit of an offshore push. that offshore push is going to bump high temperatures tomorrow. so we look for chilly conditions tonight. the coolest spots will be in the 40s. temperatures will be near 80 inland tomorrow and the weekend looks nice, sunny and warm. heading out of the bay area, 82 in sacramento. and 86 in fresno. overnight tonight, mid-40s for the most part. 53 in the city and 50 in san jose. here's how it looks for the south bay tomorrow. we'll warm to 82 at morgan hill. 79 in san jose. out in the east bay the numbers will be in the near 80-degree range. 81 at walnut creek and 82 at livermore. up in the north bay it looks

nice. the marin civic center at san rafael 76. and up in the far north we are going to be looking at 82 at windsor and 78 degrees in santa rosa. extended forecast will keep it warm through saturday. plenty of sunshine even the beaches look like they will be in the low 70s. as we look ahead into next week things cool a bit but not much. there is not a drop of rain in sight. plenty of sun and slightly above average readings for the next week >> thank you. speaking of cool, you're talking about joe montana. >> yes. can a legend go home? we're about to find out. remember when he was in kansas city? it didn't look right. september 1994 joe montana threw for two touchdowns and led the chiefs to a 24-17 victory over the 49ers. but that game was in kansas city. montana never came home. never came back to candlestick park as the opponent. this sunday, peyton manning will return to indianapolis to face his former team. the future hall of famer spent 14 seasons with the colts

before they released him in 2012. manning says this hyped up matchup is knowing like when he faces his brother eli every few years in the manning bowl. >> somebody asked me earlier, is this kind of like playing against eli? i said i know robert [ indiscernible ] eli. i guarantee you that. all i had to do was walk in here and wave and sign some autographs and kiss a few babies and smile, yeah, it would be easy. i got to figure out how to stay away from mathis. zach greinke's dodgers have lived to see another day after winning game 5 yesterday. greinke signed a $147 million deal with l.a. last winter. had a little extra incentive to extend the series but they had nothing todo with baseball. instead it involves his fantasy football team. >> last place tied for last place. i won't be in last place by the time the season is over. so i mean, i'm eager to go to sunday for that, have a $10 bet

on it. so -- [ laughter ] >> it's important. right. [ laughter ] the guy makes $147 million. and he is worried and he calls a $10 bet important. >> yeah. >> that's the power of fantasy football. >> all in. i don't participate. that would be against company regulations. >> yeah. >> someone in a sports bar. >> all right. quick update on the breaking news. bart unions announced they are going to strike tonight at midnight if there is no deal. we just caught back with bart management. they are back at bart headquarters saying they are waiting to talk to the unions. trains would not run tomorrow if there is a strike. of course after 30 hours straight of negotiations, both sides could not come to an agreement. but it could change. >> captions by: caption colorado comments@captioncolorado.com : channel 44/cable channel 12. and you ca,, ,,,,,,,,,,,,,,,,

announcer: it's time to play "family feud"! give it up for steve harvey! [captioning made possible by fremantle media] steve: how you folks doing? thank you very much. thanks for coming. all right. hey, welcome to "family feud," everybody. i'm your man steve harvey. we got a good one for you today. we got a family returning here for the third day with a total of $20,650, from woodstock, georgia, it's the hunt family. [cheering] and from decatur, georgia, it's the evans family. everybody's here trying to win their self a lot of cash and the possibility of driving out of here in a brand-new stylish ford fusion right there. let's play "feud."