thousands of east bay commuters are facing a second straight day of delays. >> hundreds of a.c. transit drivers are calling out sick as they decide on a labor contract imposeon the union. >> teresa garcia is live at the county courthoe in oakland with the latest. >> good morning, the negotiations bween the two sides are strained but now even more so. they are inside the court. atu, transit works union trying to get an injunction against the newly imposed contract. some bus workers are showing up, they realize passengs need a ride but it's going to be a domino effect problem. >> everybody is late.

i pay $45, it's crazy. >> passengers say they stand lose a lot more than the a.c. transit bus drivers who ha called out sick the last couple days. >> my boss says yesterday, if you are late tomorrow y don't have a job. >> they are apologizing to the riders and 200 drivers have called in sick. >> i had no choice, i had to wait for another bus. >> how long? >> abou 20, 30 minutes. >> they say the union workers are protesting a newly imposed labor contract but bus drivers are calling out. >> people are being forced to day and people that workday are forced at night. so they have to scramb for child care. >> a judge ruled into favor of the challenge of the labor

contract and ordered both sides to arbitration. union workers are upset a.c. transit imposed a cost cutting contract in the midst of negotiations. >> at issue are cuts to overtime rules and health and pension benefits. it chose to impose the contract in order to balance a 56 million deficit. >> i kn they are crying about their budget but maybe they need adjustments from downtown like eliminating mary king's salary $23,000 a month. >> but the contract is saving about $300,000 a week and keeping it out bankruptcy. without worker concession the agency cld lead to more layoffs, and fare hikes. >> state health officials are confirming the sixth infant death blamed on whooping cough.

they were all babies under three months. they are urging people to get their kids vaccinated. california has recorded 1500 cases, five times more than the same time last year. it starts out like a common cold but is followed by coughing fits. >> they want to track down the fire bug behind a string of arsons. three places overnight bri the total to ten. terry mcsweeney is live. >> the official word from berkeley police that at least most of the fires are the work of the same person or perss. nobody had any idea what those people looked like until early this morning. surveillance cameras, somebody walks up to a market and set the recycling bin on t fire and pushes it up against the wall.

>> survllance cameras picked up two young men. they open the bin and moments later, as you can see, there are flamesoming from the dumpster. this is what is left that dumpster. a small price to pay that could have bn a lot of damage to the market. >> when you have the fire like this and the fire going insid it's not going to be easy >> one woman shared her thoughts on the tenth fire in her neighborhood since ri. >> i think it's exciting but scary. >> most if not all the fires is the work of the person or persons because of the common thread to all the fires. >> the suspect or suspects is pushing a recycling bin which will have cardboard and paper in

it, lighti that particular bin and setting it up against something, either a car or a building. >> even a motorcycle like this one which burned late last night when the arsonist burned a recycling bin up against it. motorcycles d bins are not the main concern. >> there is a possibility if a suspect or suspects pushes something upgainst a building then we may have a very serious, if in fact, situation. >> two of the fires on the berkeley campus, the south en of the berkeley campus, south of the berkeley campus i should say. and investigators ae increasing patrols t they are asking for the public's hel keep an eye out if you see some suspicious especially a garbage can or dumpster, please let police know. >> the senate will begin voting

in half an hour on extending unemployment benefits for millions of americans. today's vote is expected to break a republic filibuster. the bill could put $300 per week in the pockets of jobless americans. >> a construction worker, a school administrator, a payroll clerk, these are the facers, of 99ers, they have exhsted unemployment benefits. >> we are losing everything we have. >> i may lose my home because have no more money. >> they come close to out, as well. they say the time to passn extension of the benefits is now. it's a situation tt has not been seen since the great depression. of the almost 15 million americans out of work, almost half of them are the long term unemployed. >> these are people that paid their taxes and followed the rules and said we're tired of this. we'll noto it anymore.

it is outrageous to me. >> republicans say they want to know how democrats plan to pay for the $34 billion in additional spending. >> it's about unemployment benefits yes, deficits no. >> this man may hold the solution for democra. he will be sworn in as the new senator from west virginia. with him and votes of two republicans, democrats ve the 60 votes they nee but for the 99ers it's too late. >> you feel like you're not workin any. >> the vote to pass an extension of jobless benefits is expected to haen right after goodwin is sworn in. >> president obama is calling on congress to pass the paycheck fairness act to ensure that women get paid the same rate as men fowork. it would make it easier for women to sue employs.

the bill failed in the senate. it would aid trial lawyers than it would help women. >> they are going to gather at noon today to protest pg&e' smart meters. and supervisors will consider a moratorium on smart meters. several cities have called important moratoriums. we have repoed several incides ber they have not transmitted data correctly resulting in in an increase to utility bills. they say they are working to educate customers. >> still ahead, michelle obama recruits heavy hitters to fight childhood obesity. >> and bp may have anothe solution to stop the leak from an oil well cap in the gulf of mexico. >> and linay lohan exchanges plada for a pris jumpsuit today.xx

bp and federal governme are now considering a new solutionor deali with the ruptured well in the gulf of mexico. they were looking into a process called static kill, the idea would force mud through pis to seal it. they think conditions may be just right but the obama administration has yet to approve of the plan. >> there is too much uncertaiy

between now and then. >> we should know whether or not we can finally choke this well forever. >> officials expected to complete two relief wells within two weeks. once they are complete they can fill the oil bed with cement and end the disasr. >> today the committee approved elena kagan as the fourth u.s. justice for supreme court. most republicans voted no saying kagan put her political views ahead of the law and she lacked experience. president obama called the vote a bipartisan affirmation of her strong performance in confirmation hearis. it sends the nominion on to the full senate where she is expectedo be confirmed as early as next week to succeed john paul stevens. >> lindsay lohan started her 90-day jail sentence today. she arrived at a beverly hills

courtroom ten minutes late to turn herself in. a judge found she had violated the terms of her probation for 2007 drug case. lohan will serve her sentence at a facility outside of los angeles where other celebrities have done time. >> the jail sentence ll be similar to where paris hilton went. she will have very sanitary living conditions. >> but obably not living conditions she is used to. she will be required to spend three months rehab and be monitored by a prosecute base officer after her release. >> she will be kept from the separa inmat. lisa argen is in nor mike nicco. >> we have clring in the south bay. it's 63 and sunny in san je, lots of clouds out there. only 54 in san francisco. so we got a pretty good spread going on today, a coing trend, i'll tell you all about it coming up. >> and fifth graders take fight

against bullying all theay to the commander in chief. the response fromresident obama.

first lady michee obama has teamed up with major league

baseball to fight obesit it promotes health think eating and exercise. she will make an announcement home of the baltimore or yeol. she will participate with local baseball teams and professional players. pretty good. >> she seems to have done this before. >> a philadelphia gifts ever fifth grader took bullyg all the way to the white house she wrote a letter to the president explaining how she had been bullied at her former school nearly every day. >> every day, i get e-mail and i have no do something.

>> the letter finally came in march and in it, president obama thanks her for sharing her story and encouraged her to spk to her teachers about being bullied. >> the white hous gets 65,000 letters per week and prident obama reads ten of them? >> i'm sure some of them he doesn't want to see. let's take a look at the weather forecast. >> it's sunny in some spots, we have airport delays for up to an hour. it is gray out there. temperatures have been struggng to make it out of the 50s at the coast, but, san jose is nice and sunny and cool, 63 degrees, and that trend continues for the next 48 hours. then we'll begin to see just a little bit of a warming tre. antioch at 76. we do have a 22 degree spread. it will warm inland comfortable here, concord and livermore, 64 in redwood city but look at the

24-hour temperature change. concord an livermore, down 11 degrees from where we were yesterda 63 degrees cool in san jose. eight degrees cooler and gusty winds up by napa this morning. it will be sunny l around the bay, not at the coa. we'll see it more cooling and then just a little bump in the temperature thursday and frida now, the culprit behind this steady onshore flow is this area of low pressure that is dropping down from the northwe. fog, even though it is clring, it will be quick to return tonight. this morning, 2100 feet deep. it begins to mix out and it's going retreat. delta as cleared out the north bay and parts of the east bay around hayward and fremont, pretty cloudy and then it moves back in tonight. today, 60s and 70s. a few lower 80s, livermore valley but should be about 90

this time of year. peninsula is 12 degrees cooler than average. san francisco, trend continues about 8 deees cooler than average and even in the north bay, we are looking at temperatures not where they should be. 73 in santa clara, 72 in sunnyvale. low 70s in menlo park. san francisco, partial afternoon sun look for 77 in sonoma. 889 in cloverdale and sea breeze will keep berkeley on the cool side. 72 in fremont and over the hills 81 in danville, 86 in brentwood, down by the montey bay, lots of clouds in monterey, a high of 62. seven-day forecast, today it will shape up to look nice but it's going to be cool and warmup is one thursday and friday, not much but mainly inland. you may want to check your

freezer. this morning the federal government is issuing a nationwide recall for more than 90,000ound of flonz chicken nuggets. they were manufactured by purdue farms and sold at wal-mart under the great value label. they may contain what they call foreign object it has the number '-33944. the products also best if used by date of jun 9, 2011. you should throw it away or return them to the store. >> housing activists are occupying a vacant floor of a building in mission district. they plan to stay in the space at mobile store at 20th and mission until they are forced out. they believe the second floor has been empty since 1991 and they say it should be made available to the homeless. same group has taken over two other buildings in few months.

>> aids activists staged a die-in in front of nancy pelosi office this morning. they are upset inaction for the aids assistance program. leaders of the aids health care foundation 1800 people are on national waiting list for treatment because of a lac of funding. pelosi's offe issued a statemt, a $50 million increase in funding is now working its way through the house. >> a vote could come tonight for oakland city council to let large marijuana farms operate in the ci. they could make $38 million a year and taxes on pot as hig as 12%. there would be fewer structure fires sparked by unsafe illegal marijuanagrowing operations indoors, but the small mom and pop gwers who have been supplying dispensaries say the big farms will put them out of

busine. >> playboy's new plan t get men to surf the website at work without fear. without fear. >> we'll be right ck.

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then at 5:00, the first court appearance for the man for the shootout on 580. he is expected to be in court in a wheelchair. and man cures, we examine saty concer concerningell nails. >> you know how so guys read playboy for the articles? >> i've hear it. >> good chance to prove. >> it playboy launched a new website that won't include any nude photos. >> the smoking jacket isn't something i like to wear arnd the mansion. it's safe for work wsite, it's the best hang out on the plan. >> you know that gentleman, hugh heffner announced the website. for bored office workers to check it out. this is aimed at men 25-34 yes

old and featuring clips from tv comedy shows and hur. >> did you see, the model bikini workouts. >> i was ccentrating on my story. i didn't see any of that. seven-day forecast. [ laughter ] >> a little cool for bikini weather at t beach, clouds and sunny and wa inland. >> great articles and great interviews. that is wh i've been told. for all of us