The media and the public were barred from Monday’s arbitration hearing between RTD and the transit workers union because of a ruling from the state labor department.
On Friday, Regional Transportation District lawyer Rolf Asphaug told state labor director Michael McArdle in an e-mail: “It is RTD’s position that the arbitration hearings are not open to the public.”
In response, McArdle closed the proceeding, saying, “I have found nothing to indicate that the meetings conducted by the arbitrator must be open to the public.”
On Monday, the parties presented opening statements to an arbitrator.
Amalgamated Transit Union Local 1001 representatives said they did not object to media and the public attending the hearing.
But in defending RTD’s position that the hearing should be private, agency spokesman Scott Reed said, “The focus is on the material and information being presented, which take on a different dynamic when there may be posturing for the public rather than on the specific issues being discussed and decided upon by the arbitrator.”
In February, McArdle ordered binding arbitration after finding that a strike by Local 1001 would “interfere with the preservation of the public peace, health and safety.”
Local 1001, which represents about 1,900 RTD drivers, mechanics and other employees, had asked for a 1.7 percent wage increase in the first year followed by a 2 percent increase in the second year and 4 percent in the third.
RTD most recently offered a wage freeze with possible increases tied to a recovery in sales-tax collections, which have been down. Sales taxes account for the bulk of RTD’s operating budget.
Final offers presented to the arbitrator were not disclosed.
