Menino to fight pickets in court

A raucous police-led picket line set back convention organizers' tight construction schedule for the second straight day yesterday as truck drivers from the Teamsters union again refused to cross. About a dozen workers did cross the picket line, and some plywood and floor-protecting materials were delivered. But at least two cement trucks and a flatbed carrying sheet rock were turned away by heckling crowds, forcing officials to cancel plans to start pouring the concrete foundation of a convention media center.

A crane trying to make its way onto the worksite was also turned back after picketing union members refused to yield on Causeway Street. The driver inched into a crowd of pickets but then turned away as on-duty police officers made only half-hearted attempts to clear union protesters from his path.

Accusing the Boston Police Patrolmen's Association of violating an agreement reached last week in federal court, city lawyers will return to court this morning to ask US District Court Judge Joseph Tauro to order pickets to allow individuals and vehicles through, under penalty of arrest.

"The expectation was that it was going to be an informational leafleting, and that there would be absolutely clear and unobstructed . . . passage of construction vehicles onto the construction site," said Merita Hopkins, Boston's corporation counsel, at a City Hall news conference late yesterday afternoon. "We're on a very tight time frame. That's why it's important to get construction vehicles in there."

The legal challenge comes as a longstanding war of words is having a tangible effect on plans for the event where US Senator John F. Kerry of Massachusetts will formally accept the Democratic nomination for president. The delays have concerned national Democratic leaders, who are working behind the scenes to see if they can help settle Boston's contracts with city workers.

US Senator Edward M. Kennedy has reached out to national labor leaders, including the president of the AFL-CIO, and Democratic National Committee Chairman Terry McAuliffe spoke to Menino about the labor issues Tuesday. Aides say both men are growing concerned about the labor impasse, but are avoiding direct intervention for now in the hope that Menino can settle the contracts on his own.

Convention organizers had planned the conversion of the FleetCenter down to the day, and with the convention now barely six weeks away, they consider every hour of construction precious. Some members of building and construction trade unions from the private sector, including electrical workers from IBEW Local 222 and Teamsters, are honoring picket lines , which has thrown the construction timeline into doubt. If delays continue planners could be forced to cut corners and costs could soar due to overtime payments and the necessity of putting more workers on the job.

Thomas J. Nee, president of the patrolmen's association, said there was no merit to the city's claims that pickets have blocked access. He said trucks that turned away could have gotten through the crowds of pickets if they continued forward, but the drivers chose not to.

Nee said the driver of the crane must have "searched his heart" and decided to turn away. "No one put a hand on the wheel. He could have cleared right through the crowd," he said.

Nee said the city was caught off guard by the private-sector union members -- particularly Teamsters driving delivery trucks -- who have chosen to honor the picket line.

"I don't think they were prepared for us to take it to this level," Nee said. "We're going to continue."

Police union leaders said they would have their lawyers in court today to counter the city's claims and promised to comply with any judicial orders. Last week's agreement stipulated that police could picket on FleetCenter property at side and back entrances. Many of yesterday's confrontations, including the one involving the crane, occurred on Causeway Street in front of the arena, which is public property. The agreement requires pickets on the street not prevent vehicles or individuals from entering.

Shawmut Design and Construction, the project's general contractor, was able to get about a dozen laborers and electricians into the FleetCenter yesterday. A company official said that number should have been sufficient for the jobs that were scheduled. The day before, about half the 50 members of a local carpenters union and Laborers Local 133 who were slated to work chose to not cross the picket line, and some construction materials were not delivered when Teamsters did not drive onto the job site.

Yesterday's work was hampered by a lack of supplies. The crane was needed to move Jersey barriers from the site of the old Boston Garden, where convention officials are putting up a two-story temporary structure to house members of the news media during the event. They're trying to make progress on that project by next Tuesday, when some 600 members of the national news media are scheduled to tour the FleetCenter area.

"It's tough to do our work," said Thomas Goemaat, Shawmut's president and chief executive. "We're just pawns in this game."

Yesterday's picketing drew far fewer participants than the hundreds who came out Tuesday, but what they lacked in numbers they made up for with loud voices. Dozens arrived before dawn, and they shouted "scab" and "shame on you" at construction workers who attempted to cross in the early-morning hours.

One man on a motorcycle tried to fend off the insults coming his way, shouting back "I have a family to feed" as protesters swarmed him on his way into the FleetCenter. As he reappeared from inside the gate a few minutes later, still on his motorcycle, a protester yelled after him, "Careful where you're parking -- we got meter maids."

The day was marked by long periods of relative quiet, interrupted by moments of drama. About 50 pickets -- including off-duty police officers, firefighters, and city clerical workers -- walked in circles in front of the loading area along Causeway Street. Ten on-duty police officers kept casual watch, waving traffic through, leaning against orange traffic cones, and sharing small talk with the pickets. And a half-dozen officials from Shawmut and the Democratic National Convention Committee huddled on the other side of Causeway Street, where they devised fresh plans to get supplies into the building.

After the confrontation involving the crane, the Boston Police Department beefed up its uniformed presence around 11 a.m., with Superintendent James M. Claiborne personally overseeing about 30 officers on Causeway Street, and dozens more at other spots in the FleetCenter area. After earlier deliveries were unsuccessful, planners tried one more: A truck carrying sheet rock tried to get up a ramp in the back of the building, but stopped at a picket line at the base. About 10 union members refused to move, and, after about 10 minutes, the truck left.

City officials continue to have confidence in the Police Department's ability to enforce the law at the FleetCenter, even with the protests being led by fellow officers, said Hopkins, the city counsel.

Regardless of how the judge rules, Hopkins said the city will ensure trucks and equipment are allowed to enter the work site.

"We have alternatives," she said. "And one of the alternatives quite frankly is to arrest, but we don't want to arrest."

Hopkins expressed confidence that the city can move forward in its negotiations with the firefighters' union and Service Employees International Union, two other large city unions that lack contracts.

Globe correspondent Heather Allen and Patrick Healy of the Globe staff contributed to this report. Rick Klein can be reached at rklein@globe.com.