is made up out of whole cloth. it's untrue. >> reporter: they are far apart. the only thing they agree on is the current bus service isn't up to par. what have the last two days been like with so many people out of work? >> it's been hell because you come up to a bus stop and you're looking around to see if there is a driver. if there is no driver, you have to continue en route. >> reporter: some of the transit system's 250,000 daily passengers agree. >> the only thing that a lot of drives have an attitude because of the fact that they are mad and because of the fact that usually they have to work long hours or -- >> reporter: is the bus on time? >> give or take five minutes, which it shouldn't be give or take five minutes but it is. >> reporter: a contract dispute led to legal action and a judge is forcing both sides to enter into binding arbitration. in the meantime, a.c. transit imposed a contract on the drivers. among other things it freezes wages and implements a

healthcare co-pay. a.c. transit also changed some shifts and routes they say to accommodate a change in overtime rules. the union says that change has caused unsafe working conditions. over the last three days, a number of drivers, about 20%, have called in sick. >> there are some operators who can't come to work. >> there are probably 230 people who are out today. there were similar numbers the day before and there were 290 people the day before. the numbers are the numbers. they are the same numbers the union has. it's disingenuous and it's dishonest for the union to say that there's not a rolling sickout. >> reporter: i just need for the record, you're telling me that 200 people did not call in sick in the last two days? >> what i'm telling you, i don't know, those are sam singer's numbers and a.c. transit hasn't been honest about anything up until this point. so i don't know. >> reporter: a.c. transit is looking into whether or not it can take some legal action against these drivers. now, on july 30, a judge will decide whether or not a.c.

transit can impose this contract. allen, if the judge rules in the union's favor, then a.c. transit says it may lay off some of these drivers. >> i guess until then there is no way to know how long this will last for righters bottom line? >> reporter: point-blank i asked each side, when is this going to end? they each blamed the other side. so there isn't any end. riders are the ones paying the price. >> hopefully somebody blinks before the judge decides. ann notarangelo, thank you. well, bart was forced to shut down the lake merritt station today. that's after police stormed in looking for a suspect. it started with a traffic stop about 11:45 this morning. police pulled over a car near a bart maintenance facility. two suspects got out and ran. one of them was caught immediately, but the other ran down the bart tracks and into the lake merritt station. police emptied the station, they searched for about a half hour for that man, but they never found him. sheriff's deputies shot and killed a person during a marijuana raid. it happened this morning on the

eastern edge of santa clara county. deputies from santa clara and alameda counties were searching in the hills near mine road for pot farms at the time. that's when they say that a suspect was shot and killed. not clear why deputies opened fire, but investigators say it is not unusual for these raids to turn into shootouts. a lot of illegal marijuana growers are heavily armed due to the fact that they have a lot of money at risk. >> we are told no deputies were hurt. it's believed the deputies from santa clara county were the ones who fired the shots. >> two individuals were seen moments before the crime was committed. >> oakland police think that this man and woman may be responsible for the murder of a virginia man who was in town for a job interview. this surveillance video shows a block of webster street sunday night moments before somebody

robbed jinghong kang and shot him. the man and woman in the video match the description of killers. kang, the father of three had just had his teeth cleaned and was scheduled to interview for a job at google on monday morning. two people robbed banks at gunpoint both last week. police say that in both robberies, this woman walked in, she pointed a gun at a teller demanding money. officers say she hit a bank of america on balboa street in the outer richmond last monday,age then another b. of a. friday in diamond heights. she is described as latina, in her 30s, about 5'3", 130 pounds. she has orange or red tinted hair. a northern california woman is poised to make history. she is the governor's nominee to be the state's next chief justice. right now the woman sits on the third district court of appeals. she is filipina, so she would be the first asian-american chief justice. simon perez shows us that's not the only way she would change the look of the court.

>> attorneys like to go into her court because she was thorough, she was objectty of, fair and again, she was so respectful of everyone in the process. >> reporter: presiding appeals court justice art scotland is talking about it. ani canty . l-sakauye chosen by governor schwarzenegger to be the next chief justice. she was a judge for 20 years in sacramento in 1990 and superior court judge and now appeals court justice where she has been working with scotland. >> i expect her to be one of the best chief justices ever in the history of the state of california. >> reporter: he says she knows the law and knows how to get her point across. >> there was an attorney once that told me that even when she says no, she does is kindly. and i think that's a wonderful trait -- she does it so kindly and i think she is a wonderful

trait. she knows and understands the issue. >> reporter: any reason her? >> she was the best choice to fill chief justice ron george's shoes. >> reporter: currently there are four men and three women on the court. cantil sakauye would create the first female majority supreme court in state history. a three-judge panel may first nomination and then voters approve in november. >> she has been the first in a number of occasions and the best. >> reporter: she was raised here in sacramento. she got her undergraduate and law degrees from uc-davis. one personal profile of her said she had a tougher time getting a job out of law school so she supported herself by working as a blackjack dealer in reno. she is married to a sacramento police officer and they have two children. coming up at 6:00, we'll talk to you about a case that she just ruled on recently that gives you a little insight into her judicial philosophy. >> we'll look forward to that.

simon perez in sacramento, thank you. will their apologies be enough? both the white house and the agriculture secretary are apologizing to an employee fired because of what they thought were her remarks on race. [ inaudible ] >> what she said was taken out of context and posted on the web. agriculture secretary vilsack has perjury personally apologized and takes responsibility for asking her to resign. >> as it was unfolding, my thought was this is so unreal! >> in addition, vilsack is offering her a new position at the usda, but she says it's been a whirlwind week for her and she needs more time to

think it over. next it was destined to cut down on traffic. the neighbors say it's been nothing but a nuisance. what facebook is doing that has them so upset. the person behind me, he actually flew up and then he landed like across the aisle on somebody else's head. >> not the only one. a woman was thrown so hard she cracked the cabin wall. severe turbulence that forced an emergency landing. and if you are expecting a baby, don't expect a mortgage. why a child could sink the deal. ,, ,,,,

"meg whitman says she'll run california like her company..." seen this attack on meg whitman? who are these people? they're the unions and special interests behind jerry brown. they want jerry brown because, he won't "rock the boat," in sacramento. he'll be the same as he ever was. high taxes. lost jobs. big pensions for state employees. the special interests have chosen their governor. how about you?

but how it drives employees to work, is where some people say the company has problems. len ramirez shows us why. facebook doesn't have trouble driving people to its website but how it drives people to work creates problems. len ramirez shows us why. >> reporter: up see them circling palo alto's college terrace neighborhood at almost all hours. [ sound of engine ] >> i walk my dog at 7:00 and there are usually two or three buses circling. >> reporter: sleek, stealthy, black, smoked windows, they navigate narrow streets to shuttle facebook employees between buildings in the stanford research park but neighbors like cathy and margaret say the shuttles have created problems of their own.

>> too many buses, too frequently, and too many hours of the day. >> reporter: she lives a block away from the facebook campus, miller lives right across the street. >> and we're on a hill. they gun up the him. they have to accelerate to get up the hill, which is noisy, and then they, you know, beep, beep, beep going backwards. >> reporter: i notice shuttles running every one to four minutes sometimes two at a time. buses are rarely filled and often unoccupied according to the neighbors. >> i wonder if they could cut back the frequency of the shuttle buses to some extent? so it will be better for the neighborhood. >> reporter: it's a good question, but we didn't get answers from facebook. the company said it was too busy commenting on its 500 millionth user to comment on this story. but neighbors are willing to give the company the benefit of the doubt. >> they're not trying to make people miserable. they are trying to kept their employees happy.

they are trying to keep the number of cars down. but there are just too many buses. >> reporter: neighbors are hoping for some sort of a meeting between facebook, the neighborhood and the city to come up with some sort of a compromise. they say that the buses are often just too empty and too many of them to make it worthwhile. there is one interesting thing though, allen. the neighborhood says that it would be one thing if facebook was sort of an 8 a.m. to 5 p.m. company but being a worldwide internet company, there are people here coming and going and shuttle buses running at all hours of the day from 6 a.m. to midnight. >> well, but i'm sure the other side is a lot of cars would be running at that time, too, if the bus didn't run. >> reporter: the parking lots don't have enough space for the cars and the neighborhood at least has parking permits. so they can't park in the neighborhoods' streets hence the shuttle bus system. but, you know, it's just not working out for the neighborhood. >> no win. len ramirez, thank you. several people were thrown out of their seats, some of

them actually had the the ceiling. tonight passengers are describing terrifying moments aboard their cross-country flight. the united airlines flight was headed from washington, d.c. to los angeles last night when it hit extreme turbulence over kansas. passengers say that that plane actually dropped about 30 feet. >> going to be turbulence up ahead and to make sure our seatbelts were fastened. and all of a sudden, we just felt a huge jolt. >> things were flying around in the cabin, glasses and whatever was in anyone's lap. >> the person behind me actually flew up and landed like kind of across the aisle on somebody else's head. >> at least 22 passengers were hurt. the pilot made an emergency landing in denver to get them to the hospital. most of them suffered neck and back injuries. they have all been treated and released. all right. as if they didn't have enough to worry about. the roadblock expectant couples are running into when they are trying to buy a house.

relighting a pilot light for 219 seems a little excessive. >> seems it was. what one bay area woman says is an outrageous fee and how to make sure you don't get stuck with a bad deal. here in the weather center, we have been taking a look at all of our charts but we've also been looking at our live cbs 5 weather camera looking outdoors at a very gray, a very cold san francisco. temperatures well below normal. the areas that will warm for your thursday when we come back. ,,,,

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the toughest oversight in decades. it cracks d president obama signed into law new rules for wall street today called the toughest oversight in decades. it cracks down on risky trading at banks to avoid another financial meltdown and creates a new agency for consumer protection to take some of the confusion out of financial products such as mortgages and credit cards. speaking of mortgages, you trying to buy a house? having a baby could make it tougher for you to get the

mortgage. even though rates are low, home prices are falling, banks are leery about loaning money to couples who are expecting even if both parents have good jobs and credit. the problem, lenders are worry about women losing income while on maternity leave or deciding know to the go back to work after the baby is born. plumbing repairs, most of us know they're not cheap but one cbs 5 viewer in the south bay learned even a small fix can end up being outrageous. on the consumerwatch, we found hourly rates are being replaced by a flat rate system that could cost big bucks. reporter: caroline of mountain view is no expert when it comes to plumbing. but when her leaky faucet turned to three days of cold water, she knew something was wrong so she called her daughter-in-law, who contacted a plumbing company. >> we were trying to find someone local because we don't live here locally so we called roto-rooter. >> reporter: rose says the company stopped the leak and found why caroline didn't have

hot water. >> the water heater went out. >> reporter: the serviceman relit the pilot and changed three washers to stop the leak, two services in less than an hour. when she saw the bill of over $300 she was shocked! >> i said whoa! just for that little bit and i had to give the matches? >> reporter: caroline was charged $219 for each service. then given a $60 senior discount, bringing her bill to $378. still, rose says that was no deal. >> relighting a pilot light for 219 seems a little excessive. i said pg&e will come out and do it for free. >> reporter: so rose contacted roto-rooter but after no response from a manager she contacted consumerwatch. our volunteers called six plumbing companies in the bay area, found the average price to replace washers and relight a pilot. for washers, $112. more than $100 less than rotoroot ever's price. to relight a pilot, $130. a lot less than what caroline was charged.

we then found expert ray willits from precision rooter drain who says consumers need to shop around and look for online reviews before hiring a plummer. >> if the consumer doesn't know what to look for, they can be ripped off pretty easy. plumbers take advantage depending on the situation. >> reporter: good advice that rose plans on taking. after consumerwatch got involved, caroline received a partial refund. roto-rooter tells us while its prices may seem high it's to cover overhead costs. one of the best guys for finding professional is the bay area consumer checkbook. for consumer help, call 1-888-5- helps-u. >> roberta has the weather. >> boy, has the weather been on a turn! the weather has been spiraling downward quickly. currently air temperatures 69

right there in downtown san jose. what you can't see, the winds are blowing out of the northwest at 15. makes it a very chilly evening commute across the santa clara valley but not as cold as it is right here socked in all day long. no chance of clearing at all today. temperature-wise, only in the 50s at the beaches and the winds have been whipping up out of the northwest up to 24 miles per hour. currently in livermore 73 degrees, san bruno 54. look at the comparison from the inland areas to the peninsula where we have the gray skies. san francisco at 53, as well. and sausalito to the north of the golden gate bridge with a pair of 5s and again it's a very breezy evening commute. if you have any kind of evening plans, you definitely need a jacket. inland temperatures 65 to 70 at this hour. 60s bayside and we have official sunset at 8:27 and we're not going to see it. pinpoint forecast tomorrow morning, to give you an idea of when we are going to kind of see any kind of clearing at all even though that date up there is wrong it looks like we'll see some clearing back to the

bayside by about the 2: 00 hour. we are going to have warmer air mass tomorrow in comparison to today. so to bump up those temperatures ever so slightly away from the coast with that area of low pressure just hanging very tight parallel to the seashore. it's going to enhance that marine layer. so tonight everybody is gray all the way a good 50, 60 miles inland. temperature-wise in the 50s. we will kick-start your thursday morning with the very deep marine layer roughly about 2,000 feet deep. so we will see some drizzle at the beaches. otherwise upper 60s in opening and mid-80s in the tri-valley, where today's highs were only in the mid-70s. your cbs 5- and 7-day forecast does call for 90 at lake berryessa both days as we head towards the weekend. warmest day of the two coming up will be on saturday, and that marine layer progresses and continues to deepen on sunday and monday. wow! hang gliding in yosemite. david, thanks for the photo. keep them coming to cbs5.com. we'll be right back. promise me low prices.

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today a federal judge ruled that competitive cheerleading is not maybe he hasn't seen the movie bring it on but today a federal judge ruled that competitive cheerleading is not -- is not an official sport. to be considered a sport under the federal law that mandates quality in men's and women's athletics an activity must have coaches, practices competitions and a governing organization. there is good news for women who want to have natural

childbirth after they have had a c-section. sandra hughes says there are new guidelines that says they should be allowed to try. >> reporter: when she gave birth to her son 2 1/2 years ago, she had an emergency c- section. now 40 weeks pregnant with her second child she envisions a much different birth plan. >> naturally going into labor and sort of the whole progression through to the final outcome. >> reporter: she wants what's is called v-back, vaginal birth after c-section. according to the american obstetricians and gynecologists, 60% of candidates who had a previous c- section can have a natural delivery. >> with the right person it should be offered and it's considered to be saved. >> reporter: but patient fears coupled with insurance company restrictions have kept the vbac rate low. medical experts say that's part of the reasons the c-section rate has skyrocketed in the

u.s. until the past 40 years it's gone from 5% in 1970 to more than 31% in 2007. some doctors have had legitimate concerns about vbac because there can be complications. >> the major risk of a vbac is the uterus rupturing. that happens in about 1% of the time. >> reporter: women who have had big babies or diabetic might require another ceasarean. they also might need one if they go past their due dates because it's too risky to induce. >> in the end we just want a healthy baby. >> reporter: however the newborn is delivered. -- stand sandra hughes, cbs news, los angeles. ,,,, "know the species, know the stain." lanolin-free coat, i know it's an alpaca. walks in here, looks says "hey look, it's a llama!" cleaning the stain like he would a llama stain. time he's wasting. ♪ call 1-800-steemer ,,,,

we're working on for eyewitness news at 6. i'm dana king. here's what we're working on

for eyewitness news at 6:00. oakland moves ahead with plans for a megapot farm. industrial sized, if you will. this in a city that has lost much of its industry already. so can marijuana help fill that void? we are going to have that story and a whole lot more at 6:00, allen. >> all right, dana. we'll see you then. tonight the bay area is saying good-bye to a local music legend. ♪ [ music ] >> hundreds of people packed the paramount theater in oakland today. the service was for waltzer hawkins the grammy award winning singer who died last week, 61 years old battling cancer for two years. he is best known for the hit song "o happy day." >> genuine heart, soul-felt, inspirational gospel that one can feel this when you play it. and it will solve your problems. >> yeah, what a song. over the course of his career, as