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tv   ABC7 News 400PM  ABC  October 17, 2013 4:00pm-5:01pm PDT

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good afternoon, everybody, i'm larry beil. >> a bart strike now appears imminent. trains will stop running at midnight if no deal is reached. the announce made fade maid from sdiu. they say it's now in the hands of bart management. >> negotiators for bart and unions had been meeting since 10:00 a.m. yesterday. abc 7 news reporter laura
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anthony joins us live from oakland. they have eight hours to respond? >> reporter: that is it, larry. that is for bay area commuters as well. this is a stunning announcement. the a lot of half hour, it appears by the length of the negotiations, 30 hours since yesterday, that they were somehow close to a deal. but roxanne sanchez walked out of this building and made this announcement that they were going to go on strike if the management did not back down from hard line rules. >> as of midnight tonight we will be on strike. no one will be left stranded. it is now in the hands of the
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general manager. >> my name is george cohen... >> reporter: this is the federal mediator george cohen. >> on my left commissioner greg limb. i thought i'd give you an update and a report of what has been taking place. as you probably know we have been here approximately four days and three hours during which time there has been ongoing, intense collective bargaining. these parties began this relationship with competing views and in course of efforts to work with them and facilitate their discussions and lead them towards making agreements they succeeded in doing just that, in a number of very significant items that had previously separated them.
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however, in final al nal sis, certain issues remain, parties were unable to bridge the gap. our efforts to help them to do that at this point in time were not successful. so, we made a mediated determination there was nothing further we were able to do. again, at this point in time, and as a result our mediations has come to an end this afternoon. please understand that we remain ready, willing and able to help the parties if they request us at some future time to come back in and try to help resolve that zpu. we were aware we're not only engaged with particular parties to this dispute but we came from washington because of the public interest and the fact
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that hundreds of thousands of passengers were affected and this is the classic example of a labor dispute with implications far beyond that of the individual parties. at the end of our closing session, i thank each parties for cooperation they gave to us, the respect in which they functioned and regrettably we were not able to bring home the result we all want to achieve a collective bargaining agreement. i want to thank the state of california, who were willing to have us play the lead role here in these mediations. i'd like to thank each of you. i know you've been here for many days and hours. the nature of our practice is such, everything that we do is confidential.
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for the party that's give them this protection to try to reach agreements with us, without fear that they will have public -- involvement or public distribution of what happened. that is one of our tools that is to say providing people a save haven for constructive and meaningful discussions and they did, in fact take place. thank you very much that. is the statement of our agency. we're returning to washington. the commissioner will be here and when and if parties ask for assistance we'd be delighted to furnish it. >> i'm not going to be answering wes. >> spell your name please? >> hi. that was george cohen, feed
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ral mediator. he's sad there was an impass. now this is antoinette brian. let's hear what she has to say. >> i'm president of local 1555 representing train operators, station agents, port workers who operate dispatching train swrez trainers, staff, and i am deeply disappointed to stand here with you today with the rest of my negotiating team. we came here yesterday at 10:00 in the morning and have not left. you see us in the same clothes we had on yesterday. a little messed up, a lot tired but with a purpose. the same purpose we came here on may 13th. negotiate a contract that was fair and equitable for workers and safety pro visions for our riding public. today i stant before you
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disappointed we're able 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 they can take workers rights away. we were close to closing this deal. we had come together on areas of wages, pension, 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 slud shud have been done wex stand here today disappointed. this continues as an unfair labor practice strike. make no mistake about it this, is not an chick strike. it's an unfair labor practice strike. we're apalled at the behavior of the district not only with their workers but with the riding public that counts on
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this system every day to get back and forth to work, school, doctor, where they need to go. our workers take pride in our jobs and our representatives standing behind me took the effort every single day, 33 hours later telling you we did everything we can to get this deal done. and i stand here as president of the local telling our workers we did this, we did the fight. we stood atu proud, atu strong, we're bitterly dispatted the district did not come to the table with same drive and determination and the same dedication that these men and women behind me did. i stand here proudly representing members and i stand here to tell you unfortunately, yes, we're on strike as of mid night. if you have been covering this regularly, you're aware of that fact. so this is a management strike caused by their unwillingness
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to make the deal. >> what is the sequence... >> there are many. the fact is that we're going to be, we asked the district on issues that were still open, to go with us to interest arbitration, something you well know did that neither party wanted to do. but we're trying to solve this and asked them on three occasions will you go to interest arbitration to settle open issues? they flat-out refused so again this, is not interesting unions wanted. i am not taking questions. respect the fact we have been up 33 hours, little food, little sleep. i appreciate. you know how to reach me but inam not taking any questions. thank you. >> this is grace conecut. >> i'm general manager at bart. this contract, this labor
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negotiation is about the long term sustainibility of bart, and its contributions to the economy and environment of the bay area. the board of boort is planning on investing in infrom a structure so our system doesn't turn out to be one of those system that's can no longer provide transportation for the area it serves. our system is old, 40 years old we need investment in it. so today, i put across a table of 3% raise per year equaling a 12% package for workers. it includes a 4% pension, payment, a medical contribute examination a good deal of rules and regulation that will help retain management rights so we're able to better manage this system this, is a 12% package.
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that will be retroactive back to july 5th if voted on and passed by the unions, by october 27th. after that date, the package we're offering will no longer be retroactive. what happened at the table today is that we have been there intensely. as we have gone back and forth in packages, the district made it clear we have certain rights we needed to maintain in this so they can have a package we can afford. this is essential in maintaining the agency. what happened is that unions decided they wanted to take the money on the table but not work rules on the table and forced us into a situation that we needed to put an offer that was black and right. we hope tho continue to work
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with union but with most critical at this juncture is that unions take this to a vote and we have an ongoing relationship with them within the confines of a contract. thank you very much. we continue to negotiate and we're ready, but what is critical is that union take this contract out to a vote. >> what about interest arbitration. why not? >> interest arbitration offered by the union was only for the work rules not for the whole package for the money. they only gave us half of the package. only offered us half the package to be ash traited. >> if they did the whole thing would you go with them? >> that wasn't requested. >> how do you feel there will be a strike at midnight? tonight? its not management that asked for a strike. it's union. we're available to continue to bargain ask to dus is -- discuss items.
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one of the things beneficial past practice was essential for us, we want to introduce technology into the work force for example z in that introduction, it's, it wasn't used in a prior year then, the workers have the right to say that we don't have to do that. so, the table is turned on workers so one example is pay stubs we have one union, one, i'm going to tell you, just listen up. we all received electrically our pay stubs in the -- online. but because back in history, everyone received their pay stub in an envelope we use our worker time for one union to hand deliver a pay stub to each individual. they waste time doing something that could be done with auto maigs. there are a number of thing that's go on at bart. it's time for management to be able to manage. we put a number of those on the table with a lot of money
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that is there, also ini r included is the bonus program. another work item as a result of this is bidding we have some work that is being bidded every night. instead of bidded every six months so worker comes to work not sure which project they're going work on and have to bid it every night because of something called beneficial past practices i'm sorry for arcane nature of the wording but it's an arcane practice at bart. we need those management rights. we made it clear we had to have them. we're not, unions are not agreeing to them. >> what is going to happen now? are unions going to pick up -- people talking about there ought to be a law lau preventing a transit strike. but there is talk this model
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doesn't work anymore. maybe we need to separate rare unit. >> it's 40 years, needs to disappear. are you willing to risk all of that for the public not knowing what the end is going to be. >> we need to have a partnership with union buzz has to be on equal sides. we have put on the table a 12% package and for that 12%age we expect to get management rights so we're able to better manage and take advantage of technology. another example is hand held technology. any technology has to be done with the approval of the workers. >> why workers finished over 60 day cooling off period? why didn't both sides get the job done over 60 days? >> that is a good question. we have, over the last few days had a mediator confident. we're grateful for help. and have a long way to go.
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it important for unions to come to the table with willingness to accept both sides of the issues not just money but the work rules we need to manage this company effectively. we're still here. >> 60 days squandered?. >> we came much closer as a result. discussion. all of the discussion wez had, became closer on work rules. but we didn't get ones we had to have. >> how do you feel about how this turned out? >> we're in the middle of it. we need a contract this isn't the end of it this, is the beginning. so there is no end right now. >> you said you brought them to the table at the last minute? can you clarify what the time frame was on this? >> april 1 proposal. request in our final package that we gave them this week. so it's been on the table six months. thank you very much. >> the president of bart
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chapter. >> that is again, to wrap this up at this point, bart wants to have this last and final overtaken to a vote of the union members. union members told us they won't do that. they do not think that that would pass so... here, again, another union member is with fdiu. >> get this two-year lifetime medical. that means up to two years of working here, she's able to retire. the workers? would have proposal forward got on agreement they'll take 15 years. to be able to retire with medical. i ask who cares about this system? someone that comes from washington that, was fired from washington, because not able to do her job there, to free load on hard work of the workers? of a system that spends over
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300,000ses today fight cal osha? to put members in danger? in twun killed one of his electricians in the tunnels. in 2008 killed one of his track inspectors because they kept cut corners every day.. >> so, you heard a lot from all sides here bottom line, given a 12:00 midnight talk deadline, appears talks have broken down. to make operation more efficient going with high-tech gadgets and that sort of thing. that has broken talks down at this point. you can probably hear some animosity between the groups here, it appears this whole thing is far apart. carolyn? larry? >> just wanted to ask you about this arbitration which is what union says they want to put this forward but grace
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made it sound like they only want half of the deal to go before the arbitrator. >> that is my impression. unions came out and said that there has been agreement for the most part, a meeting of the minds over the economic issues, but these other issues these work rules that were holding things up. and sounds like yun yinz wanted to put those issues only to the interest arbitration. she's saying we're not going do that unless putting economics on the table. because it's all intertwined. so they can't promise one thing without the other. it's their argument. >> we'll be staying on top of this. >> i think we'll be back with laura but complicated situation. the bottom line is that if nobody gives by midnight, then, there is going to be a bart strike.
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and we're going to be keeping you on top of it. you can find out immediately if there is a last minute settlement, perhaps, by down loading our abc 7 news app allowing for push note fick autos we've assemble aid range of resources for you on abc 7 news.com to help you plan, including alt in tiff transit options with realtime traffic maps. you can down load abc 7 news's waze traffic app. follow us on twitter as well. >> join us again early tomorrow morning for latest on the strike looks like will be eminent at this point. we'll bring you latest on negotiations and how it's affecting morning kmult, abc 7 morning news starting tomorrow at 4:00 a.m.
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>> time now to focus on the forecast. >> we're going to be nice outside. >> nice conditions we keep saying every day i can't believe how nice weather is and it's continuing. here is live doppler 7 hd. sunny skies and warm conditions across the bay area today from coast to inland. here is a live view looking over the embarcadero. 74 now in san francisco. 79, 80 in san jose. 66 half moon bay. another live view from sutro tower. 82 in santa rosa now.
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84 in livermore another live view from our exploratorium camera towards bay bridge. forecast features, clear, cool overnight. mild, warm, gradual cooling next week. we go to satellite and radar actually this is our forecast animation starting tomorrow morning going through the day tomorrow, little fog comes near the coast will pull away torjs sun year, highs from 60s on the coast to 70s around the bay, low 80s inland. week head gives an indication of the trend we'll be looking at around the bay area. mid-70s and then dropping off a little bit mid week next week. that is what the bay area can expect. upper 40s to 50 in other locations, south bay, sunny, mild to warm.
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highs from 76 in san mateo. on the coast 68 pacifica. in the sunset district north bay highs mainly into low 80s. east bay, highs ranging from 76 in oakland to 79 fremont and castro valley. inland east bay highs into narrow range there. here is the accu-weather forecast. warmer saturday, mid-80s inland then a gradual cooling down next week but will be just a couple degrees each day. we don't expect rain, no dramatic changes just pleasant weather. >> at least the weather nice. >> we've got that going for us. >> yes. >> we're staying on top of breaking news, bart unions threatening to strike at midnight. we're seven and a half hours away.
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>> they've asked bart to submit issues to arbitration. the transit agency said no, they don't want only part of the deal going to interest arbitration. right now, no talks are taking place. in fact mediator says they're returning to washington, d.c.. stay with us, we'll be right back. >> i'm abc 7 traffic reporter commuters stressing out how they'll get around if there is another bart strike. post your video messages to twitter and facebook and
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and back to that breaking news we began with that, is the bart orkers are threatening to go on strike tonight at midnight. unless two sides reach an agreement before then, bart union workers made announcement less than an hour ago. >> as of midnight tonight, we will be on strike. no one will be left stranded. it is now in the hands of the general manager and bart board to prevent a strike. >> what happened is that unions decided to, they wanted
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to take money that was on the table but not work rules and forced us to a situation where we needed to put an offer on the table that included rights we'd set forward. >> bart unions want both sides to turn to interest arbitration is to decide the final issues, agreements have been made on economic health care and pension. bart management said it does not want to send just part of the deal to interest arbitration. we're live now at the caltrans building where talks broke down about an hour ago. we thought they're so close on this. >> it. >> reporter: it did. indications were things were progressing they'd been here since sunday, monday, tuesday. all day, from yesterday morning to wednesday, more than 30 thundershowers these folks have been inside.
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it would seem they're getting close but then, we got indications things were not going well. some of the mediators came out and looked pretty glum. then, it became clear people were going to come down and talk still, surprising and we should say economic proposals were agreed to in theory but depending on the unions giving up on work rules so district could save money to provide economics and increases in pay. >> and laura it's interesting what we've just witnessed here is that both a public negotiation of sorts as well as pr spin because the union ryeing to say that this is a management strike. managers saying take it out to rank and file employees.
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so they're both pointing loaded guns and saying it's not my fault, it's your fault trying to get the public spin so neither is perceived to be at fault. >> reporter: that is right. they've been doing that all along. but you saw it play out here right behind me. unions know a strike is incredibly unpopular with the public and know they've seen polls many would blame them, most people, in fact, the unions. the district has to be perceived doing everything they can to avoid a strike and in this last shot, you can see thr trying to hammer in points it was their fault not our fault. >> i was going to say we heard the bart gm talk about the need to bring technology into the work place gave examples
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of the pay stub saying there is still an employee that has to hand out pay stubs. i wonder if we're going hear more about that. >> off to the sifd you can hear cat calling from union people, yeah. we're striking about pay stubs so the unions don't think that that is what it's about. but grace conican did go on to say there are other efficiencies management wants to have control off so they can save money in other areas that they say can be moved to address economic issues and union demand for increases in pay. >> can you take us through what you expect in the next seven and a half hours? people haven't slept, most for over 24 hours. given anger and the frustration we just witnessed, it's hard to imagine them sitting and working something out in this next window we
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have here coming up to mid nitd. they're open to talks? >> well, yes. it seems rather likely. >> that is ominous. >> right. mediator said we're done. we've done everything we can do. they did leave. you heard grace conican say they're open to reopening talks one union leader josie moony stood askpid talked to reporters and said, hey, if they want to come back and in two hours we're open to talking. so, while you heard luster and anger there is still a small window of both sides being open to continuing the conversation into the evening hours. i can tell you as we speak and stand here, everyone left the building. >> yes. all right. laura anthony reporting for us in oakland we'll check back with you, thank you. >> bart riders upset at this
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point posting tweets jay stevens tweets highly disappointed so now, riding public suffered. >> the web team developed hash tag dear bart. you can post to twitter, instagram and our facebook page as well. >> you can find out if there is a miracle that takes place by down loading our awc 7 news app louing for push note fick autos we'll stay on top of this but do want to move on to other news now. a local case made its way to 9th circuit court of appeals ted it pitted students in morgan hill wearing american flags versus those waving mexican flags on kinko de mayo day. >> students that wore the
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american flag shirts say they were just being patriotic. with the help of law firms, they're fighting a first amendment legal battle. on the third floor a panel was weighing in an issue that prompted a walk out in morgan hill. a public hearing and investigation and national attention. the incident occurred on kinko de mayo. some students waved flags celebrating mexican independence. a hand of others showed up wearing shirts with american flag. the school ordered them to turn shirts inside out or go home. >> it was a student safety concern. and so... they have administrators intervene, and appropriately. >>. a judge side wtd school. today, the panel pushed for
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both sides. >> how is it the school can fly flags but i can't wear one. >> one parent says his son's actions had nothing to do with racial animosity. >> you should always be able to stand up in a school that is taxpayer funded, united states of america, and be proved your country. >> morgan hill's interim superintendent says the campus moved on. >> students support the recognition of diversity in schools ask all cultures. >> appeals panel has taken this case under advisement. there is no set timetable for judges to rule. >> thank you. >> following breaking news on the peninsula now. sky 7 over a wall greens in menlo park. that is where you can see the car jumped a curve pinning two children against a wall of the store, both victims are six years old and have been taken to stanford hospital, one with
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life-threatening injuries. the driver apparently a 90-year-old man. they say the driver was not under the influence of drugs or alcohol. >> well, we'll be back with more in just a moment. so yso you can happily let the grlife get in the way, while planning for tomorrow.
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so you can finish the great american novel banking for the life you have investing for the life you want chase. so you can
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another check at forecast.
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>> this is one worth looking forward to. here is our live doppler 7 hd. sunny skies with mild conditions around the bay area. the state wide being nationwide weather tomorrow for 48 contiguous states looks calm and dry. there are sprinkleys around the gulf coast but looking at a dry, quiet weather pattern. and certainly across the state of california tomorrow, sunny skies and warm with highs into low to mid-80s 65 in tahoe. 90 palm springs. 68 in monterey. here in the bay area after a chilly start in our north bay valleys nice, mild to warm day again tomorrow. high temperatures into mid to upper 60s on the coast. mid to upper 70s around the bay. low 80s inland and hits just keep on coming.
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may be warmer saturday than tomorrow. so this areas into the weekend. weekend looking spectacular. >> thank you. >> coming up next hundreds of women say a popular smoothing product is more harm than good for their locks. >> the government shut down impact on mortgage payments how delays are costing a woman thousands of dollars. >> and we continue to follow breaking news. this is the podium. less than an hour ago we heard announcements, the some is that unless arbitration is agreed to by management there will be a strike by bart unions at midnight tonight. it's a story we're following on the air and online at twitter.
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scientists in russia examining a giant chunk of a meteorite. the meteor was the largest
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recorded strike in more than a sentry. more than 1600 people were injured by the shock wave from the explosion estimated to be as strong as 20 atomic bombs. sighin activities weighed the meteorite, it came in at 1256 pounds. >> hundreds of women filed a lawsuit against the hair care brand suave claiming it's keratin kit caused hair loss and scalp burns. >> it was marked as do it yourself make overfor your man ee. trance forming hair into they're is sleeker and smoother. >> but this morning women from around the country are calling this product a hair nightmare. >> it's damaged. >> broken. from the root to the tip. >> take a look at what these women say are before, and
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after pictures. >> they're part of a class-action lawsuit claiming the product contains harsh chemical that's burned their scalp and melted or destroyed their hair. >> product advertised as for ma. ldehyde free. >> the lawsuit claims the company didn't do enough to warn customers. >> many of the women we represent purchased the product and used the product after the so called recall. >> it's affected myself esteem, ability to want to go places. >> the lawsuit is already highlighting what many are calling the root of a growing problem. will will go to any lengths to get stick straight hair. more and more women are turning to chemicals we met up
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with a style expeert any time you're changing the hair you're causing damage to do it. it's difficult to administer chemicals yourself at home. >> unilever would not comment on a lawsuit but did tell us the company takes claims very seriously. >> the suave infusion 30 day smoothing kit does come with several warnings for types of hair that might not react well to the product. >> a little boy in washington is showing imitation is the sincerest form of flatry. >> he wanted to thank a surgeon so he decided to dress up just like him. >> he worked on both my ears. he's a great surgeon. you look like dr. rubenstein.
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>> that is adorable. >> it s he performed landon's first surgery awhen the boy was only nine months old, last summer adding a cochlear implant. the 7-year-old has a harry potter thing going and becoming an important part of efforts to help implant patients better hear music that. is great because his dad is a musician. >> very nice. >> yes. >> the government has reopened but affects are lingering and a huge backlash at the irs is one woman is now, costing her hundreds of dollars per month. >> yes. >> this is going to drag on and on. this isn't ending today. workers are skbak have work to do. the shut down affected real estate transactions like this one. a woman just about to close a deal to refinance her home. the shut down stopped her.
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she was refinancing her home but the bank needed irs to verify her social security number. the irs was about to do that when employees were furloughed. >> i do everything, i get bills paid and all of a sudden i'm trying to do improvement for myself only to have them say... you can't do that. >> here is someone that is for no fault of their own, because of a government shut down can't go forward with their lives. >> there is no telling when she, or anyone else will get the verification they need. apple may have bitten off more than it can chew with the iphone launch. this is the first year apple received -- released iphone in both east and west. that means china verizon says the tech company didn't supply enough iphone 5 s's.
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the carrier blames the short supply with a huge backlog of orders. the number of activation remain unchanged. verizon says 5 ss will ship october 38th. >> there is a new web site you can analyze complaints against banks before giving them your business. green lighting institute uses a new site compiling complaints to the new consumer financial protection bureau. you'll be able to see what people are complaining b you can check it out on abc 7 news.com. just click on 7 on your side. if you think your tv is state of the art think gechblt i team up with consumer reports to check out the next generation of flat screens, wait until you see these
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things and the price. we put two together. are they worth the extra money? >> we'll see you then. >> coming up next, shaking things up on the anniversary of the loma prieta quake. a lesson for some bay area kids on top of the situation at bart. this is a podium in front of the caltrans building where negotiate yaigs were taking place until an hour and a half ago. and at this point no deal seems likely.
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it's whatever works for you. to thosuffered in silence... hoped... and lived in a state of fear... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com or call 800-675-2607. nearly 10 million people participated in a grace california shakeout drill. a record number of people practicing for the next big one, this after the anniversary of the loma prieta earthquake hitting october 17th, 1989 just as the world series was being televised nationwide.
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that jolt caused wide spread damage across northern california. abc 7 news reporter matt keller has more on the world's largest earthquake drill. >> reporter: earthquake was pretend, but the response was real this morning. they joined about nine and a half million others at 10:17 for the sixth annual great california shake up. the largest earthquake drill in the world. the lesson? drop, cover, and hold on. >> drop to get low, these things are going to be flying off walls. cover your head if you can't find a table. cover your head to avoid things from slalts into -- slamming into it. >> reporter: if an earthquake hit how would you feel? >> scared. >> why is that? >> because it's possible. >> the simulator lived up to its name. kids experienced what an 8.0
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earthquake would feel like. >> shaking a lot in the bus. feels like everything falls. >> you covered up? >> yes. >> anything hit you? >> no. >> it's set up with items on the shelf that's could be life threatening. about 70% of the injurieses caused by things within your home, your furniture, all of those items that are heavy enough in an earthquake that can hurt you need to be secured. >> reporter: when the shaking stops you'll need supplies. american red cross says you shut get a kit like this one with three days supply of food and water for every family member. >> prepare nor cal guidelines for stocking your kit are posted on our web site abc 7 news.com. well thanks for joining us for abc 7 news at 4:00.
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abc 7 news at 5:00 begins right now. >> it's now in the hands of the general manager and bart board. to prevent the strike. >> this is the news commuters did not want to hear. barring a last minute deal bart workers will strike at midnight tonight. >> a car careens into two children. also ahead. >> people running and you know, yelling they can't get up there was a partial roof collapse. >> massive flames and rescues from a huge apartment fire in redwood city. bart commuters need to prepare after marathon negotiations talks have broken down. thanks for joining us i'm cheryl jennings. >> i'm larry beil. prepare for a bart strike at midnight after negotiating more than 30 hours, two sides
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came out today and said they cannot reach an agreement. >> laura anthony joins us live in oakland, laura? >> reporter: cheryl, they do not appear to be crying wolf so this time, this time it appears union threats to strike is real. everything fell part this afternoon after 30 hours of negotiations that began for the most part at 10:00 yesterday morning there were rumblings there is going to be an announcement here in front of the building. and when we started to see some parties stragel out. i can tell you they did not look too happy. they did emerge the federal mediator gave confirmation talks had broken down and then, we also heard from roxanne sanchez fdiu leader. >> i must inform the public
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that as of midnight tonight we'll be on strike. no one will be left stranded. it's now in the hands of the general manager and bart board to prevent a strike. >> this is not a union strike this, is a management strike. brought on by absolute arrogance and the fact they thought they can take workers rights away. >> what happened is that unions decided they want to take the money but not work rules and forced us to a situation where we needed to put an offer on the table that included rights that we had set forward. >> management argues work rules or getting rid of the old past practices were essential to getting this deal done that would have freed up some of the

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