the b.a.r.t. strike now entering its fourth day, and no real end in sight for hundreds of thousands of frustrated commuters. we take you live outside across the bay area this morning. you can see from the traffic cameras that traffic, well, not a lot of traffic right now but that's expected to change in the next couple of hours as more and more people head out the door this morning. we'll show you what you need to know to get around. >> as the b.a.r.t. strike continues so does the investigation into the death of two workers killed right out on the tracks. we have new details we're learning and whether that tragic accident is now putting more pressure on b.a.r.t. and its unions to get this deal done. good morning. it's now about 4:01. i'm jon kelley. >> i'm marla tellez.

laura is off. we have real time traffic updates and transit alternatives running across the bottom of your screen all morning long. here's where things stand between b.a.r.t. and the unions. the unions say they sent a new proposal to b.a.r.t. in hopes of bringing both sides back to the bargaining table. as of last night b.a.r.t. says it has yet to see that proposal and as of right now no new talks are scheduled. this afternoon b.a.r.t.'s board of directors will hold an emergency closed door meeting to talk about labor negotiations. the key issues in negotiations continue to be wages and work rule changes. >> to help you navigate on the roads we have team coverage for the b.a.r.t. strike. mike inouye watching the traffic but we start off with christie smith live at the lake merritt b.a.r.t. station. picketers are up early this morning. good morning, christie. >> reporter: good morning to you. that's right. this is around the clock

operation. i talked with some of the workers. they started their strike shift at midnight and will go to 5:00 a.m. these are members of seiu. a couple tell me their job would be be fixing the change machines and ticket machines downstairs. what we're hearing as you said is that the unions delivered another offer last night trying to get talks started again today. they say the counter proposal allows for use of new technology but protects workers from unsafe working conditions. there are a number of candles out here. the unions saying that they insist on keeping certain safety rules in place, of course that made more important in light of the accident over the weekend that killed two b.a.r.t. workers. as you said b.a.r.t. said it had not seen the offer but was in communication with union leaders and a mediator to figure out how

to reach resolution. for commuters another week day without service. >> it seems a little excessive now and at this point you know, we're all inconvenienced and it's hard to understand what's at issue. >> reporter: as you also said b.a.r.t.'s board of directors holding a special meeting at 3:00 p.m. they meet in closed session to discuss labor negotiations. also wanted to mention we're seeing members of seiu local 1021 but not atu apparently removed their picket line and are expected later this morning. reporting live in oakland. christie smith, "today in the bay." >> thanks so much. now we want to turn things to mike inouye tracking the conditions on the roadways. how is it looking? >> it's 4:03. very calm now but we want to warn folks because a lot of people are getting up earlier like we are. this is the bay bridge toll plaza. the onslaught predicting pretty

severe. friday it was tough getting through this area. we'll show you the bay as a whole, it's all in screen approaching the maze, things are moving smoothly down the east shore freeway. no major problems. the richmond/san rafael bridge, you see slowing at the top. there is construction off the bridge and getting on the bridge a little slowing. we'll watch as that starts to build as folks try to avoid the east shore freeway. on friday, north 880 was a bear. 580 westbound was okay but today both will probably be flooded with cars about 5:30. if you can get on early probably better. 680 and 24 also your roads out  of walnut creek and pleasant hill heavier on friday but we have some of the buses running as well. today we should see heavier volume so that will be an issue. about 5:30 as well for that. the tri-valley there is a b.a.r.t. line out of service because of the stoppage along 580. we didn't see a lot of change on friday a. heavier flow through

the tri-valley. we expect more traffic there. the south bay, largely unaffected but you never know because any change to the bay area, folks might avoid the normal commute coming to the south bay office. we'll see how things shape up. traffic flowing lightly, this is 101 under that 680/280 interchange. we'll send it back to you. >> thank you. grab some water and check back with you. >> for a lot of people in the bay area who can't work from home your best bet may be carpooling. the hours for hov lanes are extended. several bay area freeways getting this treatment nonstop that means the carpool lane times will not expire at the usual 9:00 a.m. they are in effect for the entire day and that includes portions of i-80, 880, 680, and all toll bridges except the golden gate bridge. b.a.r.t. once again will be offering free round trip bus

services from 9 stations to san francisco. the bus are scheduled to run from 5:00 a.m. to 8:00 a.m. return service from san francisco back over schedule from 3 to 7:00 p.m., near the transbay terminal on howard street. get there early. you can see well, you can see flashing there working on our picture. looks like it's on strike. the day will be packed. bring your patience. all bus tickets, they were gone by 7:00 a.m. friday morning so make sure you get there early. bob redell is at the hayward b.a.r.t. station now talking to riders. he will come along to talk to you with a live report coming up in a few minutes. >> if you are about to head out the door check our website before you go. it is nbcbayarea.com. we have a b.a.r.t. resources page with detailed information for commuters. at the top you're going to see a tab called b.a.r.t. strike resources, it will take to you a map with real time traffic updates, commute alternatives and real time tweets from

transit agencies across the bay area. we have transit options running at the bottom of the screen as we said, all morning long. as the b.a.r.t. strike drags on the investigation how two workers were killed on the tracks over the weekend is beginning. this morning federal officials hope to interview the person behind the controls of the train. damian is live in walnut creek where co-workers held a candlelight vigil. you have new details. >> reporter: good morning. the investigators are not here yet as it is early but we have not seen them arrive. the folks behind me are the b.a.r.t. riders waiting for shuttle buses. the candlelight vigil was in memory of chris sheppard and larry daniels, b.a.r.t. says the two men were on the tracks inspecting them when an approaching train hit them. trains are making routine runs during the strike to keep the system working properly. b.a.r.t. says the operator was an experienced driver but the

union says he was a manager, training to run trains during the strike and that he had not operated a train in years. it is now up to the federal investigators to sort it all out. sbart referring all questions about the accident to the feds. they will look at camera footage from inside the train. however, that camera faces inward and can only demonstrate who was at the controls at the time of the accident. the investigators will analyze other system data while looking into the accident. >> at the very start of this investigation. these accidents occur in an instant but take a great deal of time to investigate. >> it can take the ntsb from six months up to one year to issue a report on the accident. the short-term goal is to be here for about a week, gathering as much evidence as they can. they don't have a schedule that they set out yet. we don't know if they will be arriving at the b.a.r.t. station

soon but we will keep our eyes open. we're live in walnut creek. >> thanks so much. >> federal investigators also reviewing b.a.r.t.'s radio transmissions recounting the moments of that tragedy. >> b.a.r.t. emergency. b.a.r.t. emergency. >> go ahead. central. >> we just struck some individuals at approximately 16 decimal 2 on the c-1 track. >> in the radio communication posted on radio reference.com you hear the man believed to be the train operator and dispatcher. you can later hear the voices of b.a.r.t. employees confirming the two workers had in fact been killed. >> happening today a possible transit strike is looming. ac transit and its largest union plan to state their cases to a state-appointed panel. the union threatened to strike last thursday but governor brown

stepped in and issue add one-week cooling off period. he appointed the panel to review the dispute and the impact it might have on the public's health, safety or welfare. ac transit carries 100,000 a day. >> new this morning a major work stoppage happening. the port's truckers association halting work to protest unsafe conditions and unfair labor practices. their demands include a fee to off set the cost of new emission standards and compensation for the hours they spend waiting to unload at the port. they are asking people to show support by joining them at the port starting at 5:00 this morning. a previous work stoppage in august forced some terminals to close down temporarily. >> san jose city leaders looking to the public for help as they look to prevent gang activity. the gang prevention task force is street hold the first forum on gang violence.

overfelt high school from 6 to 7:30 tonight. people will have an opportunity to share concerns and provide input on san jose's efforts to crack down on gang activity. police say san jose has experienced a 40% drop in gang activity this past summer. the california public utilities commission will hold a hearing today on the condition of a potentially dangerous pg&e pipeline. this pipeline runs under the city of san carlos. earlier this month pg&e shut down the line after a judge's order. that's after internal e-mails revealed concerns about corrosion and cracks similar to the pipeline that exploded in san bruno. at today's hearing the cpuc will set a schedule for the investigation. >> 4:11. fresh off a spectacular weekend we start it again, day one of the work week. christina loren is here. >> good morning to you, jon. of course marla and everybody at home. thanks for waking up with us early out there. we want to tell you there's some

thick fog in parts of the bay area including the south bay this morning. so that is going to be different over the past week we started out nice and clear but this morning you have a half mile visibility and that's it in santa rosa. also on my way in i had to use my wipers, a little drizzle out there. and that situation will continue to get worse as we head throughout the next couple hours so track your visibilities every 10 to 15 minutes. it's a cold start to the day and temperatures are cold if you are waiting for b.a.r.t. this morning make sure you are prepared for the 40s and 50s out there. but we'll see a rebound this afternoon and temperatures are going to be comfortable. coming up i'm tracking some rain in the forecast. we'll show you when that moves in. the seven-day is ready in my next report. right now back to you, jon and marla. >> thank you. >> it's 4:12. still ahead on "today in the bay," our coverage for the b.a.r.t. strike. >> it's a public service. i'm willing to do that.

>> stepping in to help the public. what that east bay woman is doing this morning to make it a little easier to get across the bay. >> also this morning president obama addressing major issues with the rollout of his health plan. we'll let you noey what he is expected to be saying.

more on our continuing coverage of the b.a.r.t. strike as we give you a live look at the bay bridge toll plaza. it's 4:15. so no traffic there just yet. but with the b.a.r.t. trains at a standstill you can expect that's going to be packed. mike will check the commute. with no signs of the b.a.r.t. strike ending some are getting creative. emily posted this ad on craigslist offering rides from the east bay through san francisco to the peninsula with stops in between. she is asking passengers to chip in $10 to cover gas and her time. >> i don't have to be at work

tomorrow. it's just me doing my part. i do work in public service and i believe that b.a.r.t. is a public service and it's not serving the public so i'm willing to do that. >> what a good heart. she plans on driving her minivan and taking advantage of the extended hours in the hov lanes. the transit agency says when planning allow extra time since roads will be packed. >> with no trains running b.a.r.t. once again bringing in charter buss to get commuters from the east bay to san francisco. bob redell is live in hayward now where people are expected to start lining up to try to catch one of those buses g. morning. >> reporter: good morning to you, jon. here at the hayward you have people out here since 4:00. buses aren't scheduled until around 5:00. on a normal day b.a.r.t. can handle roughly 400,000 passengers. these are limited charter buses only able to handle around

6,000. we saw on friday they ran out of these free tickets at 7:00 in the morning. my spoynt if you think about taking one of these limited charter buses from the few stations that b.a.r.t. is offering it from, you do want to show up early because those tickets could run out. friday was maybe more friday light. they ran out at 7:00. today being a monday it could be a heavier commute. those tickets might not last that long. if you think about taking one of these charter buses from the b.a.r.t. stations from el cerrito, west oakland, concord, lafayette, san leandro, hayward or fremont you may want to get here early. it will be direct into san francisco. they handle around 6,000, that's all of the buses this morning. a quick question. this is your first -- tell me off camera how is this impacting your commute? >> it's too much of a hausle. it really is. i got to get up at 2:00 in the morning to be up here.

ridiculous. >> what is your message to b.a.r.t. and the unions? >> they need to get it together, think about the public. i understand this is about pay and this and that but the lowest make $80,000 a year. they can't pay their own health insurance? >> frustrated commuter there. trying to get into san francisco from hayward. the buses scheduled to start arriving at the stations that i mentioned around 5:00 this morning. reporting live in hayward, bob redell, "today in the bay." >> thanks. people have strong feelings. looking to the bay bridge, people have strong feelings about the bay bridge as well. feeling strongly that it's moving nicely. look at that. you can't see the tops of the new tower there, the new suspension because of the low clouds hovering. as far as the drivers go you're fine. we expect a big volume. we will be tracking the bay. monday morning as bob said we're starting back to the work week. we expect a heavier flow than on

friday. we have east shore freeway we're watching for signs of backup. it's moving smoothly. that richmond/san rafael bridge we expect heavier. folks to the north bay, across the golden gate bridge as the alternate to having to travel across the bay bridge heading down to the berkeley curve. up through oakland we expect a slow traffic but right now you're at the worst about 60 miles per hour heading north through oakland. 580 westbound will be crowded starting about 5:30 is when we expect to see the colors change. across from the peninsula to the east bay, it's the opposite direction that will be flowing so we'll track both directions. eastbound might be heavier because people are trying to avoid the bay bridge. a live look and see that the traffic flows off of that high rise with the headlights in the westbound commute direction. we're watching eastbound for heavier volume as well. so back to you for now. >> basically telling us it's early so you're straching out

getting ready for the real race. >> don't want to get anything pulled. >> do not get hurt early. 4:19. president obama delivering a speech to address problems with the rollout of his signature health care reform law. people they were supposed to be able to sign up for insurance starting october 1 but the website crashed and is not fully fixed. tracie potts, she's in washington with more on what the president is expected to say. >> reporter: this morningment obama will call the rollout glitches unacceptable but insists that obama care itself is working. the government's bringing in more tech experts to fix the website. >> it has to be done. >> reporter: over the weekend the white house said the website to sign up has received 19 million visitors with half a million applications. >> 19 million people unique visits. >> that's an indication of national interest. >> reporter: republicans say without knowing how many have

been able to enroll those numbers are worthless. >> they had three or four years to get this ready, god only knows how much money they spent. and it's a failure. >> send air force one out to silicon valley loold it up with smart women bring them back to washington and fix this. it's ridiculous. >> reporter: president obama's team will hit the road a push to get people to sign up. but republicans who failed to get big changes in the government shutdown deal haven't given up. >> i would do anything and i will continue to do anything i can to stop the train wreck that is obama care. >> reporter: next week house republicans are holding a hearing on the problems with the website. in washington, tracie potts, nbc news. >> as always appreciated. >> 4:21. still ahead our investigative unit digs into the legal troubles around 49ers star aldon smith. we'll have the new concerns raised and how soon fans can expect to see him back on the field.

continuing coverage let's check in with mike inouye. he's got the latest on the conditions right now. this is the time to get outside. >> yes. definitely because friday and as we expect today probably 5:30 when we're going to see a lot of folks on the road. right now we're looking at oakland. if you had not heard the b.a.r.t. strike going. we have some buses and ferry service but that was nothing as far as relieving the friday commute and today's monday. looking toward oakland. a smooth drive right now. on the sensors we don't see a lot of slowing. this is one of the first spots we're going to see something worse than yellow. you are about 60 miles per hour for north 880. 580 going to be packed and the east bay. this part of the map that's the heavily impacted. for the most part. then as it ripples around, watching 680, slowing at 24 but we'll watch to see if that builds or sort of alleviates

itself. again a different traffic pattern expected this morning so we're watching 580 where folks coming out of the tri-valley, also not running. none of the b.a.r.t. trains are. the south bay, though this don't have b.a.r.t. trains through it may cause a ripple as more might head south, use the south bay office perhaps. we'll see how traffic flow changes. right now at the limit. we're looking at the peninsula. 101 through palo alto moves but folks have to connect between the city and the san mateo bridge. a lot of low clouds throughout as well. what do you have in store for us? >> well t low clouds will likely become a factor as we head throughout the next couple hours so keep that in mind. add extra time. 50 degrees in san jose, 53 in san jose and 54 degrees out in gilroy. chilly conditions out there. if you will be waiting for the ferry whether it's in oakland or san francisco, count on a chilly start with areas of thick fog.

that could slow flights as well as the commute. we're going to keep on top of that. right now the thickest visibility or the thickest fog redoozing visibility down to a half mile. six miles in san jose. it's unusual to see this fog in the south bay. that is the case. throughout the morning hours in campbell, los gatos up to cupertino you may be using the windshield wipers. a little fog lingers over the bay. but by noon mostly sunny for the greater bay area and good looking week ahead. temperatures are going to be in the 80s inland through wednesday, thursday we start to drop off to low 80s, then it gets interesting, we have an area of low pressure tracking toward the coastline, a dip in the jet stream so we're looking at pretty good shower chances friday through sunday. we'll talk more about that coming up. back to you, jon and marla. >> thank you. now a preview for an exclusive investigative unit report. tonight the unit digging deeper, a couple of questions, did 49ers

star aldon smith receive preferential treatment in his run-in with the law and did the sheriff of santa clara county make a mistake in judgment while her department investigated the 49ers linebacker for felony crimes? tonight at 11:00 on nbc bay area tony explores what happened in the county jail on the morning aldon smith was arrested for driving under the influence of alcohol. there also is serious concern about aldon smith's invitation to this location, the sheriff's shooting range. allowed to shoot high powered rifles and fly in the sheriff's helicopter while he was under investigation for possessing illegal weapons. >> a conflict of interest? >> i believe it is. if someone is under investigation for gun play i don't think it's wise or justifiable to bring them to the sheriff's office range to use county guns and ammunition >> did the sheriff make a

missnake. >> based on what we know it sounds like she made a mistake. it's a mistake in judgment or a mistake in public perception. yeah. she probably thinks she made a mistake too. >> did aldon smith receive preferential sfleemt. >> aldon smith did not receive preferential treatment. >> the unit holding the powerful accountable. asking the questions around the dui arrest and criminal investigation of aldon smith. we want to mention that coach jim harbaugh hoping smith can be back in a couple of weeks and help the 49ers out. >> we'll see. 4:28. we continue our coverage of the b.a.r.t. strike. we'll have live team coverage after the break.

>> we take you out to give you these live looks. traffic running pretty smoothly at this hour but you know what, that will change in the next probably hour as more and more people head out the door this morning. we'll show you what you need to know to get around. >> and as the b.a.r.t. strike continues, so does the investigation into the death of two workers killed right on the tracks. we have new details we're learning and whether that tragic accident is now putting more pressure on b.a.r.t. and its unions to get this deal done. good morning. it is 4:30. i'm jon kelley. >> i'm marla tellez. laura is off today. we have real time traffic updates and transit alternatives across the screen all morning long. here is where things stand between b.a.r.t. and the unions. the unions say they sent a new proposal to b.a.r.t. in hopes of bringing both sides back to the bargaining table. as of last night b.a.r.t. says it has yet to see that proposal and as of right now no new talks are scheduled. this afternoon