Gotham city. Reporter developing tonight, after two bart strikes that crippled the bay area commute, bart members may say no to the contract. Board members say it is because of a provision they did not agree to that was included in the contract. Bart Union Leaders disagree. The president says management is now trying to go back on agreements which were part of the deal. A vote on the final contract was set for next thursday. Now a News Conference is about to get underway. An update for us. Vote no on the contract. Only part of this is true. It is true that there is a paid family leave benefit that somehow managed to be in the contract despite prior agreements that it would not be a part of the contract. It is under investigation how it ended up there, whether it be an error or otherwise. We do not know the cause at this time. We are working to correct this error and hope to be able to radify the contract as scheduled at the november 21st board of directors meeting. Again, we do not know how this got there. We are both investigating that and trying to evaluate what the impacts are of this provision in the contract. Given that this is an investigation status and we do not have many answers, i likely will not be able to answer many of your questions informatively. I did want to, as a director, come out and acknowledge the medias request for response to this incident. That being said, are there any questions . What is the provision that you say was put in there . The provision, once again, has to do with paid family leave. What does it say . The specifics i do not have. It has to do with a certain amount of time that people can take to attend to Family Matters and be paid. What is the situation we talked to the union members. They say theres no way to mange a change. So will you still radify the contract as is . I do not know the answer to that. That will be made by the 9body member of the board. Given this is under investigation, we do not know the full details of the impacts whether they are moderate or extreme. Im asking you as a board member. Ive already spoken. You can go to my website. Im voting no on this contract. But im an odd duck in that regard. We obviously do not want another bart strike. Were going to do everything in our means to avert that. We need to fully evaluate this. Thats where were at. Someone said this was not a clerical error and that everyone exchanged documents, everyone read that, knew what was in them, and everyone signed them. What type of error it was, we do not know. How long have you known about this error . When did you discover this is something you dont want to agree to . I learned about it about the same time you did. Today. What are you anticipating tomorrow . Tomorrows meeting will be to discuss the overall package as a whole. It is a closed session matter, so much of what is discussed will not be public information. Do you have a head count as to how your Board Members are voting at this point . I have not. But what i can say in simple terms is i dont believe that the general manager would put the public through hassle only to have the board vote no. I believe she agreed to whatever contract was agreed to based on confidence of it being able to move forward. And so i have a copy of the language. The signature on there is by thomas hawk. Is this something have you contacted him . Are they reaching out to him . Im not familiar of that. Tomahawks tom hawks signature is there because hes in the district of the space. Those legal details i am not versed on. I can only speak to. Who caught the mistake . I also dont know that. It was management identified. Who in management i only recently received information about the mistake. How did they inform the board . They informed me by phone call. Who . Management called me. The general manager and i also received some information from our media staff. The management intention was to have unpaid family leave. Thats my understanding, yes. What does it exactly say . I do not know verbatim what it says. It gives certain time to attend to family needs and take that amount of time with paid absence. Just to be clear, you said it was paid family leave was not intended to be in there. My understanding was a part of that was supposed to be in there. Are we talking about the whole thing . Family leave is in there, but paid family leave was not intended to be in there is what i have been informed. You understand that the distinction is there was supposed to be a provision, but barts understanding is that employees would have to exhaust their sick leave and Vacation Time before it kicks in. Those are under investigation. All i can say, again, is this paid family leave component was not supposed to be in there, and were investigating why. What do you say to your passengers that are just fed up with all this stuff . I ask them to we are going to work to resolve this. I think this is i think and hope this will be a side matter. Not part of the bigger picture. I think a lot of people want to see accountability. Could there be consequences to the members of the team . I dont know. Thats to be determined and based on what the board decides. As we dont know at all what caused this, its hard to speculate. How long do you think it will be until you get this investigation ironed out . That, again, is to be determined. Investigations can take two minutes. Reporter you are listening to a Live Conference by the after all thats happened, a remarkable turn of events tonight. Were learning theres some sort of snag in the contract deal as to whether the board of directors will vote in favor of the contract negotiated. As you know, bart has been through two strikes since july. Two bart employees have killed were killed during the strike after an accident on bart tracks. Here at the last minute we are now hearing theres a problem having to do with an issue on paid family leave benefits in the contract that was discovered by a member of the staff. He is saying he will vote no on the contract that is on the table at this time. He does not know what his femo bart Board Members will do. Management is now trying to go back on agreements which were part of the deal. Its very confusing at this hour. And the people who ride and depend on bart are now on edge, once again, after months of negotiations. We will continue to gather Additional Information and bring you more throughout the newscast. The alleged bullying of a student at a high school escalates into a fight. The victim is a transgender student. The fight was all caught on camera. Grant joins us now with details. Reporter School Administrators say it was the transgender student who snapped after being bullied. You see the video right here. That student apparently slapped one of the girls who was doing the bullying. This is the fight right here. Four people were involved. It happened in a court yard on wednesday at the high school. Theres the transgender student. This is something School Administrators had been made aware of. Something caused the situation to escalate. This incident is now being investigated as a possible hate crime. People were talking about the transgender student within ear shot. There was some facetoface bullying, but for the most part of the indirect. Reporter the school does have programs in effect for students being picked on. The students all face possible disciplinary action. And continuing our coverage tonight. We talk to a student who witness said an altruication inside a classroom. Reporter brian says that the transgender student and at least two of the girls involved in yesterdays fight got involved in a fight on tuesday. He doesnt know why it started, but it caught him off guard. First she got upset where she was. I heard, i dont want you sitting next to me. And then the other girl said kept saying, getting frustrated, like get out of here. I dont know why. She didnt really give a good reason. She started getting more furious and threw her gum at her. I was just shocked. And then the teacher came and stopped it. The other girl was sent out. That was two days ago. And yesterday is where i hear about the fight. Reporter he goes on why he thinks she was being picked on. Well share at tonight. And ahead, bay area gamers waiting hours on end to get their hands on something special. What they are all geeked up about. Hes the socalled bat kid. Tomorrow this town is his. We will have a preview. And next, only on 4, a homeless persons place that some others can only dream of. Welcome one and all to a tastier festive feast. So much to sip and savor, a feeding frenzy to say the least. A turkey from safeway is just what they crave. A hero of the table, so delicious theyll rave. Fresh, natural, frozen. Its the best selection around. Spend 30 and a frozen safeway turkey is just 59 cents a pound. So raise your glass, pull up a chair, grab a plate. This tastier thanksgiving is well worth the wait. Safeway. Ingredients for life. This tastier thanksgiving is well worth the wait. To save big during sleep trains triple choice sale. Ck for a limited time, you can choose to save hundreds on beautyrest and posturepedic mattress sets. Or choose 300 in free gifts with sleep trains most popular tempurpedic mattresses. You can even choose 48 months interestfree financing on the new tempurchoice with headtotoe customization. The triple choice sale on now at sleep train sleep train your ticket to a better nights sleep. In a story you will only see hear, in walnut creek, crews started clearing out homeless, but there is one there which is so large and so elaborate authorities have to leave it for now and wait for more trucks to come in. Reporter im here just across the corner from downtown. Over the fence, you may not believe it, but there is a very elaborate homeless incantment. Heres an exclusive tor rr rr tour. Theres a front door with a welcome mat and a retaining wall just in case the water rises. Inside, there is a shower with a drain. There is a walkin closet. Over here is the kitchen. There are paintings and candles and other directions. And its a cobblestone floor. The man who used to call this home built the floor. There also used to be a lot more. The man has now moved out and took a lot of things with him. Police received complaints. Now they are taking action. In the next few days, this home and others will be completely dismantled. Police say that the homes pose a Health Hazard for the water ways. Police say they have worked with Community Activists to the person who once called this home as well as the other people in the other encampments. A country still picking up the pieces after the deadly typhoon. The death toll has risen up to more than 2300. Nearly 1 Million People were displaced by the storm. Nearly 12 million others are effected by it. Food and other aid finally making its way to some of the hardest hit areas. Now that the roads have been cleared allowing trucks to get through. New tonight, here in the bay area, the response to help is growing. The first group of nurses left San Francisco tonight inroute to the en route to the philippines. It has been heart wrenching to hear about it and watch it in innews. The news. You feel helpless. You reporter they are now headed to the philippines. Were talking about five people here, four nurses, and one translator. Shes the link between the nurses and the people. She has quite the story to tell. Next stop philippines. These nurses will start in manila. My uncle died when they during the storm when they were evacuated. They lost eelectricity. Reporter she has other family members in the philippines as well. The last 24 hours has been a whirl wind. Its been a race to pack and move out. Even if she had time to call her family, it likely wouldnt do any good. They dont have electricity. They dont have a tele phone. Reporter each of the 5 members have medicine packed with them. Thats to make sure they stay healthy and in a position to assist others. They will be in the philippines for a week. She knows shell certainly help those in need. I dont know if well see them. Theres so many things to do. I did try to inform them through facebook. I posted that im on my way to the philippines. Reporter that Nursing Group will be gone for the next week at which time more nurses will head to help out. Reporter if you would like to support the relief effort, visit our website. We have posted links to show you how you can help and stay up to date. You are looking at a weather picture from earlier today. You can see the cloud coverage in the afternoon. We saw a lot of the high cloud coverage throughout the afternoon. It was low cloud coverage in the morning. Send me a picture via twitter or email. Lets take a look at the high temperatures for tonight. The clouds certainly played a role in that. Temperatures are down as much as 16 degrees. Today we were 16 degrees cooler. It was down 10 degrees in san jose. Right now temperatures remain in the 50s. 53 in oakland. 53 in san jose. Tonight its going to be mostly clear. Well see chilly temperatures as a result tomorrow. A chance of rain this weekend. Well have the full forecast coming up. A 5yearold with leukemia. Is turning into bad kid. Bat kid. This little boys wish to become a hero is coming true. Reporter coming up, were going to new orleans to hear an expert talk about the saints and the 49ers on sunday. Plus pretty good news from raiders the Great American novel. So you can happily let life get in the way, while planning for tomorrow. So you can finish the Great American novel banking for the life you have investing for the life you want chase. So you can. I said i would do everything to fix this problem. Reporter still ahead, president obamas propose to fix the Health Care Coverage because of the aca. People behaving badly on a speed trap. And San Francisco is on the eve of becoming gotham city all for one special boy with a big bat wish. Its great having at t uverse high Speed Internet. Walter likes to download fixit videos. And watch boardwalk empire. It helps sam with math. [ beeping ]. And online gaming. And suze loves her smartphone for social studies. Like videochatting with sara. Hi, ms. Kelly. Hi, sara. 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Its the best selection around. Spend 30 and a frozen safeway turkey is just 59 cents a pound. So raise your glass, pull up a chair, grab a plate. This tastier thanksgiving is well worth the wait. Safeway. Ingredients for life. A Stunning Development involving bart and its unions tonight. Word of a possible snag in the contract deal which could potentially send workers back to the picket line leaving 400,000 bart riders in limbo again. A member of the bart board announced moments ago live right here he will vote no on the contract deal. Reporter well, just when we thought all the negotiation drama was behind us, the whole process may have hit a snag. It boils down to the management saying there was a provision in the contract they did not agree to. It centers around the family medical leave act. Theres a provision that allows for six weeks paid medical leave. He spoke to the media ask spoke to us after repeated requests. Here he is describing how the bart board views this. It is true that there is a paid family leave benefit that somehow managed to be in the contract despite prior agreements that it would not be a part of the contract. It is under investigation how it ended up in the contract whether it be an administrative error or otherwise. We do not know the cause at this time. We are working to correct this error and hope to be able to radify the contract as scheduled at the november 21st meeting. Reporter back live now. Of course the unions respond ed to this news today. They said we negotiations for six months. They are now attempting to go back on agreements and that were part of the final deal. We expect the bart board will now do its part and approve this contract. We look forward to grow our economy. Tomorrow there is a bart board meeting. It is a review session where they will go through the contract and address this issue. It is not the final vote on the contract. Thats expected to happen on november 21st. Hopefully the board and the unions will be able to hammer out this one last issue and hopefully keep the trains running. That is the very latest here in the east bay. Other news now. He doesnt know it, but this little boy is about to have his biggest wish come true with the help of the make a Wish Foundation and thousands of volunteers. He will become bat kid tomorrow. How the city will transform into gotham. Reporter read all about it. Bat kid saves the city. The mock front page from fridays chronicle already knows 5yearold miles miles will fight crime and capture villains. The we were talking for anybody to be able to live out their dreams is the most important part of life. Reporter after a morning of rescuing a damsel in distress, hell eat lunch as burger bar in union square. The restaurant got 7,000 requests for reservations to dine with bat kid. Bat kid will wear these bat kicks. They made these special shoes just for him. Were excited to help. Theyre the best crime fight ing shoes on the market. Reporter he will then take a ride down the slide and try to rescue lucille. Hell then get his next mission. Police chief greg is in on the fun. The city is prepared for thousands of people to hit the streets and cheer on bat kid. We got this. Reporter finally bat kid will be rewarded as city hall where he will get a key to the city. His will be made of chocolate, perfect for a 5yearold. In gotham i mean, San Francisco. President obama offers a fix for people who had their health care canceled after the act. The president lays out on administrative fix that will allow insurers to renew the policies for one year. They must notify policy holders of options. They will have to inform the patients of the benefits they will not receive if they keep their plans. They still have the power to decide which plans can and cannot be sold in their state. Reporter republicans say the house will vote on a bill this friday to allow people to keep their individual insurance plans. Look at our weather picture from earlier today. It was quite a pretty picture with that high cloud coverage. The low cloud coverage kept us cool today. Ill have that coming up. The bay area is days away from the opening of the tunnel. Workers are hoping to finish up the approvals in time for the monday morning commute. A fire drill was conducted today. They set off a smoke bomb in order to test the systems in case of a fire. Smoke detectors notify the system, turns on the signs that the tunnel is closing. In seconds the Fire Department is notified. We saw quite a bit of cloud cover out there today. First the low clouds in the morning and then the high clouds in the afternoon. Theyre now pushing to the south. We have clearer conditions over the bay area. The high clouds are coming from a system off shore here. We had increased winds out there today. Those are going to die down a little bit tonight. Gusty winds along the coast and north bay tonight. Its quite chilly in napa, 49 degrees there. Its going to get cold tonight in parts of the north. Into the afternoon, still going to be in the 60s tomorrow, so cool like today. Also in the low 60s for the shoreline, mid60s. At the coast well only be in the 50s. Struggling to get into the 60s in San Francisco. Heres a quick look at your extended forecast. Cooler as we head into saturday. It does not look like were going to see some rain on saturday, but maybe tuesday and wednesday. We have an update on priers health. Gary will show priers health. Gary will show you what to save big during sleep trains triple choice sale. For a limited time, you can choose to save hundreds on beautyrest and posturepedic mattress sets. Or choose 300 in free gifts with sleep trains most popular tempurpedic mattresses. You can even choose 48 months interestfree financing on the new tempurchoice with headtotoe customization. The triple choice sale on now at sleep train sleep train your ticket to a better nights sleep. Good evening. The must win is you lose, the seasons over. But its rather close for the 49ers this sunday in new orleans. Vernon davis by the reports were getting suffering a concussion on sunday but could play. Guess who were going to hear from tonight . This will mark 47 consecutive shows. We watched drew brees who has been on fire. Harbaugh, hello. The saints, outstanding football team. Really have things working very well offensively. Machine like. Very hot and playing ex extremely well. Its a loud place to play. Theyre a very good team and playing well. Reporter to help us look ahead to the 49ers and saints on sunday, its the king of new orleans sports, doug moutan. What are you laughing for . King of new orleans sports. Thats funny. Thanks for joining us. Lets look ahead. How would you compare what brees is doing with the other great seasons . He has now this is still in the middle. Were 9 games in. This would be three great seasons in his career. 2009, then 2011 which may have been better. Thats when they lost in San Francisco on the playoffs. Many people believe that that 2011 team was at least as good than the 2009 year. This year he has been great again. Four touchdowns, no interceptions this sunday against dallas. Is it all him . Or did last year tell the story of how valuable sean payton is . No question about it. Youre exactly on point. Its a 2headed monster. Sean payton already has the same plays that he thinks of. They think a lot alike. They work together. He does a great job with ingame adjustments. Much of drew breess issues was last year not having sean payton. You saw that maybe more so than any other game in the game against San Francisco last year. If you look at the last two years, the saints have matched up worst against San Francisco than maybe any other team in the nfl. They did a great job against the saints two years ago. That was in 2012. Last year they were San Francisco. They have not shown an ability to beat the 49ers. This one is huge for the saints in terms of figuring out if theyre for real. I hope you appreciate who i just had on. Reporter very impressed. Reporter that was also a producer who didnt want to do any work, so he just left him on for 10 minutes. I came on at 8 40. Usually its 8 50. That limited my preparation. E noticed. Just playing. No, no. When she came here, shes very smart she said, whos the loudest guy in the room . Let me latch on to him. I did not. Good grief. This is supposed to be my show. He got more time on my show tonight than in new orleans. Whos producing . Is that kevin up there . Kevin . Heathers up there. Well, leave her alone. I like heather. Show me the colts and the titans. Erik is going to rip off delanys helmet for a moment. Then he head butts walker. Donald brown is going to score. 2336. 233 yards. Colts have just defeated the titans 3027. Cabrera is the most valuable player, let me just tell you. As always, id like to break a couple of avo the volkswagen sign then drive sales event is back. Which means its never been easier to get a new 2014 jetta. It gets an impressive 34 highway mpg and comes with no charge scheduled maintenance. And right now you can drive one home for practically just your signature. Sign. Then drive. Get zero due at signing, zero down, zero deposit, and zero first months payment on any new 2014 volkswagen. Hurry, this offer ends december 2nd. For details, visit vwdealer. Com today. Wouldid rather have food. Ns for hands or elbows for ears . [gasp] lets make a late night foody call and get my munchie meal with the new hella peno burger. Its loaded with sliced and stuffed jalapenos, melting cheese, and spicy taco sauce. Ill eat it with my. Sppoooooonnnnn haaaaaands what . I cant hear you. Talk into my elbow . If you have some spare change, im about to show you how you can depart with it quickly. This driver is doing 70 in a 55. So we get to say hi to the driver. Im out with the open of the california high way patrol. For any construction, the speed limit is lower. Its 45 and 55 in some areas. This driver was at 75. Exit the freeway. Reporter thats 30 miles over the it posted speed limit. The driver claims he wasnt going fast at all. He believes the speed limit is 65. Do you notice how narrow the lanes are . Reporter and he has no proof of insurance. Lets have a chat. Did you notice any time it said 45 . Um. Reporter you should know that construction zones are a double fine zone. That would be a no. No comment. Okay. Did you see him behind you for a long time . No comment. He clearly watches way too much tmz. Im going to give you a break. Im going to site you for 75 in a 65. Reporter the driver of this honda who was clearly not republican was clocked in at 73. The speed limit was 55. This is the drivers fourth ticket this year. The driver says he was going to too fast to notice his speed. The driver who gets her very own segment. Now you know its a 45 zone, so slow down. I love watching tv outside. And why can you move the tv out here . The wireless receiver. I got that when i switched to uverse. But why . Because its so much better than cable. Its got more hd channels, more dvr space. Yeah, but i mean, how did you know . I researched. No, ii told you. No. Yeah no. The important part is that youre happy now. And i got you this visor. You made a visor yes that ill never wear. Ohh. [ male announcer ] get uverse tv for just 19 a month for two years with qualifying bundles. Rethink possible. Like the enticing aroma and distinctive taste of nespresso. Elegant capsules meet masterfully crafted machines, and one touch creates the perfect coffee, cappuccino, and latte. Tempt all your senses with one extraordinary coffee. [ Penelope Cruz ] nespresso. What else . [ male announcer ] discover the world of nespresso on grant avenue and nespressous. Com. New tonight at 8 00, the wait is over. A new gaming, ps4, goes on sale tonight at midnight. A store already has a long line. Reporter theres a huge party going on right now at market and 4th street. Theres a game stop that is going all out for the ps4 launch and hundreds of people have showed up. Theres about 450 people that came out for the launch of the ps4. People will be able to buy the console at midnight. Theyre entertaining the crowd with a dj, give aways, prizes, and free food. People can try out the new system and games. Heres the stack of the new ps4s waiting to be bought. But is it enough . Its not looking good for some of these people. Reporter this guy will get one. Slept overnight. Ive been here since 9 00 yesterday. Ive been here since 8 00 this morning. Im going to be that dad on christmas that has the ps4 thats soldout. I am going to be there. Reporter its not too late to join the party. Its at market and 4th street. Some other stores that are also opening at midnight best buy and walmart all tonight at midnight. Most stores are just doing normal hours in the morning, except target will open at 8 00 a. M. And walmart at 6 00 a. M. And game stop at 8 00 a. M. Good luck getting the ps4. Thats it for us. Well be back at 11 00. Stay with us on the web and mobile app. Well see you at 11 00. Goodnight. Announcer right now at sleep tra save hundreds on beautyrest and posturepedic. Choose 300 in free gifts with tempurpedic. Even choose 48 months interestfree financing on the new tempurchoice. The triple choice sale is on now at sleep train. woman were starting a fund. man then you dont need me. The mans injured. He cant work. His fault. Were family. We depend on each other. Were not family. Were coworkers. Hes not even that anymore. I cant believe you just said that. Cant come between a man and his beer money. Money. See the big, heavy machinery . Im sorry, but he should give. You gave. Go back to work. Paolo is the one who got you off the night shift. Its not like i asked him. Also covered for you labor day weekend. But hey, its america. If you dont want to contribu