Issues stand in way of resolving SEPTA contract squabble

The tentative July 10 agreement between SEPTA officials and Transport Workers Union leaders to end the 40-day strike may have placated the 435,000 area residents left stranded by the transit freeze, but there is still a major bone to pick between SEPTA and the TWU. Although the two sides were able to reach a mutually acceptable oral agreement three weeks ago, there is now dispute as to the exact terms of the legally-binding written version. "There isn't a deal right now," SEPTA spokesperson Stephan Rosenfeld said. "We're hopeful though.? what is important is that the system is operating and the passengers are being served." Alleging that the TWU's version of the three-year contract was substantially different from the one orally agreed upon, the 15-member SEPTA board refused to vote on the contract ratified by the union Friday. The proposed contract passed through the 5,200-member Local 234 by a three-to-one margin. "What was approved by the [TWU] leadership on July 10 and found to be acceptable is now not entirely acceptable," Rosenfeld explained. The tentative accord, which came after several false starts earlier this month, put an end to the on-again, off-again negotiations which characterized the heated stand-off between SEPTA and its largest union since the strike began June 1. Although the two sides thought they had resolved the two key sticking points -- that of part-time drivers and workers' compensation -- the issues have resurfaced in the process of drawing up a final contract. On July 10, SEPTA and TWU leaders finally agreed to limit workers' compensation benefits and also to send the most troublesome issue of part-time drivers to binding arbitration. However, the two sides have spent the interim fighting over the precise limitations to compensation benefits as well as the exact number of part-timers the arbitrator can consider in the decision. But according to Rosenfeld, the problems with the contract go beyond part-timers and workers' compensation. "The problem is really fundamental," he said. "There is an inconsistency between the tentative agreement and what is now being sought as a formal binding agreement." Rosenfeld added that SEPTA has been consistent in its expectations. "I don't fault the union for trying to get more, but they have to realize that negotiations are now over," he said. But union leaders are equally hesitant to sign SEPTA's 50-page version contract, counter-alleging that SEPTA went back on several terms of the oral agreement. The transit authority has begun a concerted effort to persuade union leaders to sign their version of the deal. The tentative accord, which includes 3 percent annual raises for union members, cannot be implemented without the signatures of both sides to a memorandum of agreement outlining the terms of the informal agreement. Rosenfeld said he expects that the remaining disputes will be resolved through continued discussion between SEPTA and TWU. "We believe that our requests are reasonable," he said. "All we're asking them to do is agree to what they agreed to on July 10th." Union leaders did not return repeated telephone calls for comment yesterday.

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