Judge’s decision is expected Thursday in union attempt to delay public streetcar opening

A Jackson County circuit judge is expected to rule Thursday on a request by the Kansas City bus drivers union to temporarily delay the streetcar’s public opening, planned for May 6.

Judge W. Brent Powell heard arguments Wednesday on the request to postpone the public streetcar operation until a labor dispute between the union and the city and streetcar authority is resolved.

Attorney Doug Taylor, representing Amalgamated Transit Union Local 1287 and its president, J.P. Walker, asked Powell to issue a preliminary injunction. That would temporarily delay offering streetcar service for public transportation, pending completion of an arbitration process.

Taylor and the union contend that because the $100 million downtown streetcar system got $37 million in federal grants, the city as a condition of those grants must ensure the existing bus drivers are protected and not adversely affected by this new transit system, which will run from River Market to Union Station.

The union argues the streetcar operation is obliged to give its union drivers priority for those streetcar jobs. The city disagrees.

The union wants the project’s public kickoff delayed until an arbitrator rules. An arbitration hearing is scheduled for April 21, but the streetcar system is in testing and other drivers have already been hired.

“It’s to protect labor and the process, not just employees,” Taylor said in urging the judge to grant the preliminary injunction.

George Ingham, an attorney representing the city and streetcar authority, urged the judge not to grant the request, calling it an “extraordinary remedy.” He said the union’s concerns can be remedied later if necessary, while the city would be seriously harmed if the public opening was delayed.

The city believes the streetcar operation will not harm the bus drivers but will in fact enhance their opportunities, including additional bus overtime on nights and weekends to complement the streetcar schedule.

In the unlikely event some bus driver layoffs or pay cuts occur in the future, Ingham said those can be addressed with monetary compensation.

While Powell indicated he would rule Thursday, the more impactful decision on the union’s members and collective bargaining power with the streetcar project will come from the arbitrator after April 21. Ingham doubted the arbitrator could rule by the May 6 scheduled opening but said it might not come too long after that.

This story was originally published March 23, 2016 at 3:59 PM with the headline "Judge’s decision is expected Thursday in union attempt to delay public streetcar opening."