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New York State Mediators Discuss Transit Strike; Indianapolis Colts News Conference After Coach's Son Found Dead

Aired December 22, 2005 - 11:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

DARYN KAGAN, CNN ANCHOR: Let's take a look at what's happening right "Now in the News."
Day three of the New York transit strike brings the threat of jail time for union leaders. A hearing begins this hour on the city's effort to force employees back to work. Also, a source says both sides met separately today with a mediator. Details ahead in a live report.

Changes in airport passenger screening take effect today. Items like small scissors, tools and nail clippers are no longer banned from carry-on bags. But random passenger searches will increase. The Transportation Safety Administration says the changes will allow screeners to focus on more dangerous threats like explosives.

A setback in the investigation of that fatal seaplane crash off Miami Beach. Investigators say they're not able to get any information from the plane's cockpit voice recorder. They did, though, find a fatigue fracture in the right wing that broke off the aircraft. The company that owns the plane has voluntary grounded its entire fleet.

Miami's police chief says that a rape suspect who escaped from jail probably had help. The manhunt continues this morning for Reynaldo Rapalo. He's accused of sexually assaulting seven women and girls. He escaped from jail by climbing through a ceiling vent and repelling down a rope made of bed sheets.

Saddam Hussein lashed out again at his U.S. -- at the U.S. during his trial in Baghdad today. He accused the White House of lying about weapons of mass destruction and in denying his claims that he had been beaten while in custody. An investigative judge says officials never saw any evidence that Hussein was abused. And that trial has been adjourned for the day.

Now to New York City and state mediators trying to find an end to the transit strike.

Let's listen in.

RICHARD CURRERI, TRANSIT STRIKE MEDIATOR: And I'm going to read a fairly lengthy statement for you.

Pursuant to the Taylor Law processes, mediation has commenced. Over the last 48 hours, we've met separately with both the TWU and the MTA. While these discussions have been fruitful, an agreement remains out of the party's reach at this time.

It's clear to us, however, that both parties have a genuine desire to resolve their differences. In the best interest of the public, which both parties serve, we have suggested, and they have agreed to resume negotiations while the TWU takes steps toward returning its membership to work.

It's evident to us that the pension changes suggested by the MTA are extremely difficult for TWU to accept. It's equally clear to us that the MTA's legitimate need to address its long-term financial challenges must be addressed in these negotiations. It would be inappropriate at this time for us to ask the MTA to withdraw its pension proposals without an assurance that the TWU is willing to review alternative means to address those challenges, such as the rising costs of health benefits.

The MTA has informed us that it has not withdrawn its pension proposals, but nevertheless, is willing to discuss whether adequate savings may be found in the area of health costs.

It is on this basis that we have requested the leadership of the TWU to take the actions necessary to direct its membership to immediately return to work, and they have agreed to take such actions. This will protect its membership's economic well-being in the short term by returning them to paid status, will permit the TWU leadership to focus its energy on reaching a negotiated resolution, and will restore services to the city's riding public.

We have contacted the ATU leadership to inform them of our recommendation and are hopeful they will abide by it as well.

We will continue to assist the parties in their effort to reach a negotiated settlement and have committed to being immediately available for intensive sessions as needed. However, for these negotiating to be swift and successful, we believe that an immediate media blackout is essential to provide an environment that's conducive to swift negotiated settlement.

To facilitate these continued negotiations, we have asked and the parties have agreed to, a self-imposed media blackout for the duration of these discussions. We have requested that both parties adhere strictly to their commitment.

As I said, copies of this will be available up here. We can...

QUESTION: Do you have an idea when workers might be going back to work at this point?

CURRERI: The process at this point is that Mr. Toussaint and the TWU leadership have agreed to take this recommendation back with a positive recommendation to its executive board. The executive board has the power to put the membership back to work.

QUESTION: Is that a possibility that could happen within the end of the day, within hours? How long... CURRERI: It will be -- I believe it will be certainly by the end of the day. It will be whenever they're scheduled to have their executive board meeting. I'm not exactly sure of the time.

QUESTION: Richard, one board member...

QUESTION: Do you believe that this means that there will not be an impasse panel and that that arbitration process is on hold for now while both sides continue to talk? How does that work? And has the MTA withdrawn its declaration for impasse?

CURRERI: Declaration of impasse and an arbitration panel are two different things. OK? At this point a declaration of impasse has been filed. That triggers mediation. OK? At this juncture, a petition for arbitration has not been filed.

QUESTION: And certainly -- and certainly you are not declaring that mediation has failed? If anything, quite the opposite.

CURRERI: No, I think quite the opposite.

UNIDENTIFIED MALE: To the contrary.

QUESTION: Mr. Curreri, is it safe to say that what's happening now is that attorneys are either punching numbers in terms of what kind of health plan (ph) changes would be effective that would satisfy...

CURRERI: I can't comment on anything dealing with the specifics of the negotiations. Again, as I've said, the parties have agreed to a media blackout, and we have to abide by that as well.

QUESTION: How long will that last?

CURRERI: Until -- hopefully until -- until a settlement is reached.

(CROSSTALK)

QUESTION: Do you have any sense of how long that will take?

CURRERI: Whoa, whoa, whoa.

QUESTION: Has there been an agreement to take pensions (INAUDIBLE) into another forum and outside the specific talks?

CURRERI: Again, that gets into some specifics that I can't talk about. I think the statement spoke for itself in that regard.

QUESTION: Are both sides...

(CROSSTALK)

QUESTION: Can you clarify what the executive board will be discussing as far as recommendation of ending the strike? Will you just clarify that? CURRERI: In terms of recommendation of, I'm sorry, ending the strike?

QUESTION: Ending the strike and returning to work.

CURRERI: They will be discussing our recommendation, OK, as being brought by the TWU leadership, Mr. Toussaint and the TWU leadership to them with -- they will be bringing a positive recommendation to the -- to the executive board. And that's what the executive board will be discussing, whether to adopt that or not.

QUESTION: The executive board, one member told me he believes it would be political suicide if they return back to work without a contract. Can they still say no to going back to work, the executive board?

CURRERI: It's the -- my understanding -- and again, I don't want to speak for the union. I'm not a spokesman for the union. My understanding is it's the executive board's decision as to whether or not to bring the workers back on an affirmative recommendation, though, by Mr. Toussaint and the TWU leadership.

(CROSSTALK)

QUESTION: (INAUDIBLE) expired over the last 12 hours. Have there been any joint conversations?

CURRERI: At this point in time, the discussions have been separate. We've had separate discussions with both parties. As you're undoubtedly aware, it's an emotionally-charged situation. It's been our decision at this juncture to have met separately with the parties.

Obviously progress has been made through that. And we want to continue those negotiations now.

QUESTION: Who have you been speaking to separately? Has it been the principals, or who?

UNIDENTIFIED MALE: Their representatives.

CURRERI: We've been speaking to the parties' representatives.

QUESTION: Have they or their representatives met face to face today at all?

UNIDENTIFIED MALE: All we can say is that we have met with them separately.

QUESTION: Is there (INAUDIBLE) settlement and we're just waiting two days for the announcement now?

CURRERI: That would be very nice.

UNIDENTIFIED MALE: If you know something, let us know.

QUESTION: What changed in the last 48 hours after they can't agree for months?

UNIDENTIFIED MALE: That's what mediation is about.

CURRERI: Is about.

UNIDENTIFIED MALE: That's what we're supposed to do.

KAGAN: Well, we've been listening to state mediators in New York State and New York City talking about the transit strike. It does appear that there is some progress, or at least some agreement to make some progress.

Mediators meeting with both the board and also union leaders. And it looks like the workers, the transit workers, are agreeing, if their executive committee says OK, to go back to work while negotiations continue, while the two sides get together and talk.

The sticking point really does seem to be the pension and how much new workers have to contribute to that. They have said also that they think the only way this is going to move forward is if there is a media blackout after today.

Before that happens, we are waiting for a court hearing to get started in Brooklyn. And I think our Allan Chernoff is there.

Allan, what can you tell us about this?

ALLAN CHERNOFF, CNN SR. CORRESPONDENT: We understand that the judge is currently sitting in the courtroom. But he's still waiting for the lead attorney for the transit workers -- for the transport workers to actually show up in court. So as far as we understand, the attorney for the union and Roger Toussaint himself, a leader of the union, not yet in court. This is New York Supreme Court.

Now, of course the big news, and you probably mentioned already -- I've just tuned into you -- of course is that the transit workers are going to be going back to work, according to Richard Curreri, the state mediator. After discussions with that mediator, both sides have agreed to sit back and talk with each other.

Of course the key issue had been pensions. That had been the dividing issue. And the mediator saying that the Metropolitan Transit Authority, feeling that it needs to find some way to reduce expenses, is now willing to explore the issue of health costs. And the union has agreed to do so. And in return, the pension issue, at least for the moment, it appears, it will be at least put to the side, although the MTA is not going to withdraw that actual issue.

KAGAN: Allan, let me just jump in here.

CHERNOFF: And that of course had been the key issue here.

KAGAN: Allan, let me jump in, because the judge has just entered the courtroom and the hearing is getting under way.

Let's just listen in a little bit. UNIDENTIFIED MALE: It would be in the best interest of the city and of the public and towards the end that this proceeding was designed to accomplish for this matter to be put off right now, adjourned until 4:00 this afternoon. We've reported this to the attorney general, and I guess they'll state what their position is.

UNIDENTIFIED MALE: Have you had an opportunity to verify and examine this information that we have here?

UNIDENTIFIED MALE: Yes, your honor. The attorney general and the transit authority understand that the mediators are recommending a return to work by the striking workers, and we understand the president of Local 100 is going to the executive board of Local 100 for consideration of that recommendation. And based on that understanding, we do not oppose an adjournment of the proceeding before your honor that was scheduled for 11:00 a.m. this morning until 4:00 p.m., so that the executive board of Local 100 can...

KAGAN: It sounds like they are postponing the hearing today because of the progress that's been met with state mediators. If you were with us live just a few minutes ago, we saw that the state mediators announcing that it looks like the transit workers in New York City agreeing to go back to work while the talks continue with the pension problem being the sticking point right now for them to move forward in getting a new deal -- Allan.

CHERNOFF: Yes. Daryn, from just listening to the proceedings in there, it sounds like the city attorney agreeing to the adjournment here. Of course the city in court today, as well, and it had been threatening to pursue further actions against the Transportation Workers' Union, looking for stiffer fines against the striking employees.

Keep in mind, these employees already are going to be docked two days' pay for every day that they are on strike. But, of course, the big news coming out of court, and it does appear that the transit workers will be going back to work. And hopefully, at least by tomorrow, New Yorkers will get the subways and buses running again.

KAGAN: A big relief to a lot of people who have been frustrated over the last few days.

Allan, thank you.

A quick question to Jeffrey Toobin, our legal analyst who is with me, I think, on the phone -- Jeff.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: No, I'm right here on television and everything.

KAGAN: Oh, wow. OK. Well, good to see you made it into work.

Stiff fines and a legal strike, and a judge saying that if these union leaders didn't show up today in court, he was threatening to throw them in jail. Not joking around in New York City. TOOBIN: Absolutely. New York is -- New York State is somewhat unusual. It has something called the Taylor Law, which says strikes by most municipal employees, including transit workers here, are illegal.

So that's why the judge earlier in the work imposed a $1 million a day fine against the Transit Workers' Union. It's now in its third day. So $3 million in fines, as well as the fine that Allan just mentioned, two days, docking the employees two days' pay for each day they're off.

It's a big incentive for the workers to get back to work. It appears like, based on the statement we heard today, they may be getting back towards the end of the day today. But it's not a done deal yet. And so the fines are still in effect.

KAGAN: All right. Jeff, stay with me one second.

We're getting live pictures now. Governor Pataki, New York's governor, having an event, a previously scheduled event. And if he makes comments -- if he makes comments there in Albany, New York, about the transit strike, we will go back live and hear what he has to say.

While we stand by and wait for that event to take place, Jeff, you're saying unusual the way that labor laws are set up in New York State.

TOOBIN: Well, it's --it's usually thought of as a pro-labor state. It's very much a blue state. But strikes by municipal employees are really -- are illegal here.

And the union leaders are technically in contempt of court. And so, one remedy for contempt of court is to throw the leaders in prison. And that's what Judge Jones in Brooklyn was saying he was considering doing today.

As we just heard, that hearing has been put off, or it looks like it was going to be put off so that the agreement to get back to work could be finalized. But, you know, it's no joke here. It's just illegal to have a strike, and the remedies can include fines.

They've included fines so far. But throwing -- throwing the leaders in jail is a possibility, too. And that's something the judge was going to consider today.

KAGAN: Well, and probably the judge would not be too amused by the local leader, Roger Toussaint, coming out and saying -- acknowledging that the strike is illegal. But this is a quote from him. He says, "We've pointed out that there is a higher calling than the law. That's justice and equality."

TOOBIN: Yes. I mean, a higher calling is all very nice to say, but in the meantime, the lower calling, the law that applies to all of the state of New York, including him, says you've got to -- you've got to not strike. And, you know, he's looking at -- he's looking at jail in the face today.

Interestingly, Mayor Bloomberg, who, of course, has been trying to mobilize the city to deal with this disaster, has said he does not want to see Roger Toussaint, the union leader, thrown in jail, because he thinks that would just create a martyrdom complex around him. And he has advocated stepping up the fines, because he thinks that's really going to press them back to work.

But throwing Toussaint in jail would simply create a side show and not contribute to settling the strike, which is, of course, Bloomberg's priority.

KAGAN: Well, and what about the fines and the history of these fines? In the past, haven't there been fines imposed on so-called illegal strikes that, once everything is resolved, the fines are just excused?

TOOBIN: That's right. And sometimes I think we may -- we may emphasize these strikes a little too much because they have a way of working themselves out in the final settlement. But given the political environment here, I would not be at all surprised given the level of anger at the unions, which is...

KAGAN: Jeff, stand by a second. Governor Pataki in Albany, New York.

Let's listen in.

GOV. GEORGE PATAKI (R), NEW YORK: I'll comment on the news that just broke from the mediators in New York City.

As you heard, or probably heard, over the last two days, pursuant to the Taylor Law, the mediators have been meeting separately with both the MTA and the TWU. And they just issued a statement where the TWU leadership has agreed to recommend that its workers end the illegal strike and go back to work.

This is obviously very positive for all New Yorkers, something we can all be happy about, because it has posed an enormous inconvenience and hardship on the people of New York who have responded with incredible strength and incredible courage. I just am pleased that the Taylor Law, which sets up this process, was, in this case, followed by both sides. And thus far, it has moved things forward in a positive way.

Now, on to the event.

KAGAN: Well, as you can hear, Governor Pataki expressing some relief about the movement that we were telling you about from the top of the hour. The state mediator in New York announcing that there does appear to be some movement, that the union leaders saying that they will send workers back on the job, the transit workers back while negotiations take place between the MTA and the union in trying to move forward toward a new deal.

Allan Chernoff, let's go ahead and bring you in here. That's going to come as a relief to the commuters that you've been among for the last two and a half days, that you say their patience kind of running short with the situation in New York City.

CHERNOFF: No question about it, Daryn. And a good example, this morning, we were on Adams Street, right behind the courthouse. And there's a major construction site there being put up by union workers. And we had at least half a dozen of those union workers complaining to us about the Transport Workers' Union being out on strike because these people were complaining that it really was hurting them personally.

One fellow told me it took him three hours to get to his job this morning. So certainly New Yorkers would be very glad to see this strike coming to an end.

Let's also point out that it appears here that the mediator has really allowed both sides to step away from the brink, because only yesterday afternoon, Roger Toussaint had said that unless the MTA, the Metropolitan Transit Authority, were going to pull back the pension issue from the table, the strike would continue.

He said, "You have to pull back the pensions in order for us to end the strike." And the head of the MTA, Peter Callico (ph), said that was an outrageous demand.

So only yesterday afternoon, it really appeared that we were at an absolute impasse. And it does seem now that the mediator really has been able to ease things and allow people to step back, perhaps, without losing face. So really the importance of the mediator is paramount here.

KAGAN: Allan Chernoff, Jeff Toobin in New York City.

Gentlemen, thank you.

Other transportation issues for a lot of Americans to deal with as the holiday weekend gets closer. We'll look at that, including your travel weather forecast. That's just ahead.

Stay with us.

(COMMERCIAL BREAK)

KAGAN: We go live now to Indianapolis. This is Bill Polian, the Colts president of the NFL team, the Indianapolis Colts. The news that the coach's son, Tony Dungy's son, found dead earlier today.

Let's listen in.

(JOINED IN PROGRESS)

BILL POLIAN, PRESIDENT, INDIANA COLTS: ... players this morning in line with Tony's wishes and our predetermined plan, Jim Caldwell, will take over Tony's duties for however long Tony may be away. And however long he's away is, of course, entirely up to him.

Tony made it clear to both myself and to Jim that he wished for the organization and for the team to carry on. And we will.

We have the greatest role model there is in Tony Dungy. And as Jim said to the team this morning, we'll emulate our leader.

We would ask that those who have come to know and respect and care for Tony remember his family in their prayers and remember James in their prayers. And in the interim, until we know further detail with respect to arrangements and the family's wishes, we'd ask that people as much as possible respect their privacy at this tragic time.

I'll take a few questions if they're appropriate.

QUESTION: Bill, it's difficult. Somehow the team has to go on. Is that going to be the hard part, or is it simply that -- what you have to do?

POLIAN: It's what we have to do. I don't think there's anyone here that would wish to play a football game under these circumstances, but it's our obligation. And we'll fulfill that obligation because that's what Tony wants us to do and that's what we're required to do. And we'll do our best, because that's what he expects of us.

QUESTION: Tell us the kind of dad he was (INAUDIBLE).

POLIAN: It's hard to fathom what this -- what this means unless you're a parent. And if you are a parent, it's -- there aren't any words to express the kind of pain that I'm sure they're feeling.

QUESTION: You've gathered the team together and told them as a group, I assume?

POLIAN: Yes.

QUESTION: How was that?

POLIAN: It was -- it was not easy. And it was somber, to say the least. And -- but as I said before, we've got the greatest role model in the world. So we'll do what he does and what he wishes.

QUESTION: (INAUDIBLE)

POLIAN: He found out about it early yesterday morning, and somewhat soon thereafter talked with me and some other people.

QUESTION: (INAUDIBLE)

POLIAN: Yes, he did.

QUESTION: Yesterday morning or this morning?

POLIAN: This morning. I'm sorry.

QUESTION: How much has the routine changed if at all to the players?

POLIAN: None. The routine will be exactly as it -- as it was if Tony were here.

QUESTION: Bill, had you met James (INAUDIBLE)?

POLIAN: I had met James. And I don't think it's appropriate at all to talk about him at this point in time. That's something that Tony and Lauren (ph) will do, if they wish. Our prayers are with the family and for the repose of James' soul.

QUESTION: Has the team planned anything, any type of dedication or anything?

POLIAN: We have not spoken with Tony with respect to arrangements. We'll be obviously guided by his wishes.

The chaplains are here today for the benefit of any Colt -- member of the Colts' family that wishes to speak with them. That's as far as we've gone. We want to be guided totally by Tony and Lauren's (ph) wishes.

QUESTION: I apologize, but again, the game is so secondary now. What do you anticipate Saturday?

KAGAN: We've been listening in to a very sad news conference from Bill Polian. He's the president of the Indianapolis Colts of the NFL, receiving devastating news this morning the son, the 18-year-old son of their head coach, Tony Dungy, James Dungy, 18 years old, was found dead in his apartment near Tampa, Florida, earlier today.

Tony Dungy has left the team to be with his family. This is such an incredible turnaround for this team that has been the celebration of the NFL this season.

The Indianapolis Colts do have the best record in the NFL. And up until last weekend, the big news about the Colts was that they were pursuing a perfect season.

They lost to the San Diego Chargers. And this weekend, they face the Seattle Seahawks. That game will go on, to use a phrase so often used in sports. Tony Dungy, that is the request of him, even though he's left the team for now to be with his family in light of the devastating news.

Once again, the 18-year-old son of Tony Dungy, the coach of the Indianapolis Colts, has been found dead. More details on that as it becomes available.

Right now we take a break here on CNN.

(COMMERCIAL BREAK)

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