SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the March 3, 2021 Los Angeles City Council meeting agenda. There are two items in particular that could impact you.

1. Workers Who Could be Impacted: Grocery and Drug Retail Workers Throughout the City of Los Angeles

As discussed in prior posts, a December 15, 2020 Motion called for the “Office of the City Attorney [to] be requested to draft an emergency ordinance that will provide all on-site grocery workers at Grocery Stores with 300 or more employees with an additional five (5) dollars per hour in wages for the period of the effective date of this Ordinance during which the City of Los Angeles is within a Widespread (purple), Substantial (red), or Moderate (orange) Risk Level, and until such time as risk levels return to Minimal (yellow) under the State Health orders.”  

On February 5, 2021, the City Attorney sent a Report to the City Council entitled “Draft Ordinance Adding Article 9 To Chapter XX of the Los Angeles Municipal Code to Provide Additional Pay to Grocery and Drug Retail Workers on the Frontlines of COVID-19.” The Report provided in part “[p]ursuant to your request, this Office has prepared and now transmits for your consideration the enclosed draft ordinance, approved as to form and legality. The draft ordinance would add Article 9 to Chapter XX of the Los Angeles Municipal Code to provide additional premium hazard pay to grocery and drug retail workers on the frontlines of COVID-19. The ordinance contains an urgency clause.”  

On February 23, 2021, the City Council’s Economic Development and Jobs Committee considered the Report and Draft Ordinance. The Committee’s Report “amended [the Draft Ordinance] as follows: a. In Section 200.101B remove the last sentence: Employee does not include exempt managers. b. In Section 200.102 change the words a total of to no less than. c. Amend the Ordinance to ensure that if an Employer has one store that qualifies under the draft ordinance section 200.101C 3 an Employee at any of its stores that dedicates 10 percent or more to grocery and pharmacy sales would qualify as a covered Employee for hazard pay.”

On February 24, 2021, an Amending Motion was introduced by Councilmember Mitch O’Farrell (13th District) and seconded by Council President Nury Martinez (6th District). The Amending Motion provided in part “I hereby move that Council amend Recommendation No. 1 of the Economic Development Committee Report and Ordinance First Consideration relative to adding Article 9 to Chapter XX of the Los Angeles Municipal Code to provide additional pay to grocery and drug retail workers on the frontlines of COVID-19…as follows, subject to the approval of the Mayor: present and adopt the Ordinance dated February 24, 2021…in lieu of the Ordinance dated February 5, 2021.”

The Amended Motion was adopted at the February 24, 2021 Los Angeles City Council meeting by a vote of 14 yeses to 1 no.

Now, agenda item 3 of the March 3, 2021 Los Angeles City Council meeting calls for the “Ordinance[’s] second consideration relative to adding Article 9 to Chapter XX of the Los Angeles Municipal Code to provide additional pay to grocery and drug retail workers on the frontlines of COVID-19.” As this Ordinance contains an urgency clause, 12 yes votes are required on the second reading.

2. Workers Who Could be Impacted: City of Los Angeles Employees and Retirees

On December 15, 2020, a Motion was introduced by Councilmembers Bob Blumenfield (3rd District) and Paul Krekorian (2nd  District) and seconded by Councilmember Paul Koretz (5th District). 

The Motion provided in part “[t]he City of Los Angeles must keep its promise to its workers to meet their health care needs in retirement, while taking advantage opportunities to reduce costs to the City. The City of Los Angeles faces a severe financial crisis, making this an urgent time to find cost savings in all departments and consider its long-term financial obligations. Due to the COVID-19 pandemic, the City’s tax revenues have declined dramatically…the City faces significant payouts to retirees who participated in the Separation Incentive Program and increased pension costs…The City must explore all avenues for reducing its expenses, including health care costs for current employees and retirees, especially for those retirees who are not yet eligible for Medicare. There are many options to reduce healthcare costs, including negotiating with current health care providers. The City should also explore alternatives to the current healthcare providers, including Affordable Care Act options that could provide reasonably-priced (and often-subsidized) individual health care plans. With…President Biden’s pledge to expand affordable health care options, it is time for the City to re-examine how it provides health care benefits to current employees and retirees while ensuring that employees and retirees will continue to have access to affordable, high-quality health care.”

Therefore, the Motion called for “the City Administrative Office, in consultation with the Los Angeles City Employees’ Retirement System (LACERS), Los Angeles Fire and Police Pensions (LAFPP), the Personnel Department and the City’s labor partners, be directed to report to the Executive Employee Relations Committee and appropriate Council Committees with viable options and recommendations to reduce City healthcare costs for current employees and retirees, consistent with existing legal requirements, City commitments and considerations of equity.”

The Motion was first referred to the City Council’s Personnel, Audits, and Animal Welfare Committee, then to the City Council’s Budget and Finance Committee. The Committees’ Joint Report provided in part “[o]n February 3, 2021, the Personnel, Audits, and Animal Welfare (PAAW) Committee considered [the] Motion…After consideration and having provided an opportunity for public comment, the PAAW Committee moved to recommend approval of the Motion. Subsequently, on February 22, 2021, the Budget and Finance Committee also considered this matter and after also having provided an opportunity for public comment, the Committee moved to concur with the PAAW Committee. This matter is now submitted to Council for its consideration.”

Now, agenda item 25 of the March 3, 2021 Los Angeles City Council meeting calls for the Council to consider the Motion.

Retired Los Angeles City Employees, Inc. (RLACEI) submitted public comment in opposition to the Motion.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the February 24, 2021 Los Angeles City Council meeting agenda. There are two items in particular that could impact you.

1. Workers Who Could be Impacted: City of LA Employees

On November 20, 2020, the City Administrative Officer (CAO) sent a Report to the City Council entitled “Paid Parental Time (PPT) Pilot Program For Non-DWP, Civilian Employees – Letters of Agreement.”

The Report provided in part “[t]he concept of a paid parental leave policy has been under discussion for some time. In February 2016, Council adopted a…motion…instructing City staff to report on the average time off taken by City employees for pregnancy and bonding purposes as well as the feasibility and budgetary impacts of a paid parental leave program. The report back indicated that the City currently does not track the information needed for a complete operational and financial analysis of a paid parental leave policy and the development of a civilian-only policy as a pilot would provide better data to create a citywide policy for all employees.

At its meeting of November 8, 2019, the Executive Employee Relations Committee (EERC) authorized the CAO to negotiate a Paid Parental Leave Program for all non-DWP, civilian City employees as a pilot program. Subsequently, a tentative agreement with the affected labor organizations was reached to include the following key terms: Six (6) weeks (up to 240 hours) of 100% paid time; Birthing and non-birthing parents eligible; Effective pilot period from January 1,2021, through June 30, 2025.

Currently, the City provides eligible employees with up to 18 weeks (up to 720 hours) of protected leave for family and medical purposes, including childbirth, recovery from childbirth, child placement, and child bonding. This protected leave is either unpaid or paid using the employees’ available sick, vacation, and/or other accumulated compensatory time. This pilot program will enhance the City’s Family and Medical Leave policy by providing an additional balance of paid time for qualifying employees.”

Therefore, the Report recommended “that the City Council, subject to the approval of the Mayor: 1. Approve the Paid Parental Time (PPT) Pilot Program to be effective for the period of January 1, 2021, through June 30, 2025, for all eligible, non-DWP, civilian City of Los Angeles (City) employees; 2. Approve the accompanying Paid Parental Time (PPT) Pilot Program Letters of Agreement (LOAs), approved as to form and legality by the City Attorney, for MOUs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,18, 19, 20, 21,26, 29, 31,32, 34, 36, 37, 61,63, and 64; 3. Instruct the CAO to report back to the EERC with the results of the PPT Pilot Program analysis.”

On December 3, 2020, the CAO sent a Report to the City Council entitled “Paid Parental Time (PPT) Pilot Program for Unrepresented Employees.” The Report provided in part “[a]t its meeting of November 8, 2019, the Executive Employee Relations Committee authorized the CAO to negotiate a Paid Parental Leave Program for all non-DWP, civilian City employees as a pilot program. Tentative agreements with the affected labor organizations were transmitted to Council and are pending approval. The attached ordinance affords the same benefit to unrepresented employees.”

On February 8, 2021, the City Council’s Budget and Finance Committee considered the Reports and Ordinance. The committee’s Report provided in part “[a]fter consideration, and having provided an opportunity for public comment, the Budget and Finance Committee recommended to approve the Ordinance and recommendations in the CAO reports dated November 20, 2020 and December 7, 2020. This matter is now forwarded to the Council for its consideration.”

Now, agenda item 2 of the February 24, 2021 Los Angeles City Council meeting calls for the Council to consider the Reports and Ordinance.

2. Workers Who Could be Impacted: Grocery and Drug Retail Workers Throughout the City of Los Angeles

As discussed in a prior post a December 15, 2020 Motion called for the “Office of the City Attorney [to] be requested to draft an emergency ordinance that will provide all on-site grocery workers at Grocery Stores with 300 or more employees with an additional five (5) dollars per hour in wages for the period of the effective date of this Ordinance during which the City of Los Angeles is within a Widespread (purple), Substantial (red), or Moderate (orange) Risk Level, and until such time as risk levels return to Minimal (yellow) under the State Health orders.”

On February 5, 2021, the City Attorney sent a Report to the City Council entitled “Draft Ordinance Adding Article 9 To Chapter XX of the Los Angeles Municipal Code to Provide Additional Pay to Grocery and Drug Retail Workers on the Frontlines of COVID-19.” The Report provided in part “[p]ursuant to your request, this Office has prepared and now transmits for your consideration the enclosed draft ordinance, approved as to form and legality. The draft ordinance would add Article 9 to Chapter XX of the Los Angeles Municipal Code to provide additional premium hazard pay to grocery and drug retail workers on the frontlines of COVID-19. The ordinance contains an urgency clause.”

Now, agenda item 4 of the February 24, 2021 Los Angeles City Council meeting calls for the Council to consider the Report and Draft Ordinance. 

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the February 23, 2021 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: American Federation of State, County and Municipal Employees;  Laborers’ International Union of North America; Los Angeles Police Command Officers Association; Service Employees International Union, Local 721

On January 7, 2021, City of Los Angeles Personnel Department sent a Report to the City Council entitled “Proposed Letter of Agreement Modifying the Special Memorandum of Understanding on Commute Options and Parking – City Employee Parking and Temporary Suspension of Parking Fees.”

The Report provided in part “[t]he City offers a variety of transportation benefits to eligible employees through what the Personnel Department has branded the COMMUTEwell Program. Transportation benefits include ridesharing programs as well as City-sponsored parking. Transportation benefits are established within the City’s Special Memorandum of Understanding on Commute Options and Parking (‘Special Parking MOU’) and overseen by the City’s Joint Labor-Management Committee on Commute Options and Parking (JLMC-COP)…

On March 12, 2020, in response to the COVID-19 pandemic, Los Angeles Mayor Garcetti issued Citywide COVID-19 guidelines to protect the City workforce while ensuring continuity of operations…Consequently, to maintain continuity of City department operations, on March 18, 2020, [the General Services Department (GSD)] implemented a temporary parking policy allowing City employees to park at the LA Mall and City Hall East garages without parking permits. The policy was subsequently extended to the Piper Tech and Marvin Braude Building garages. This temporary parking policy is in effect until further notice and is on a first come, first served basis. GSD monitors all parking levels daily to ensure there are spaces to accommodate employees with permits. Occupancy varies daily based on days off, employees telecommuting, and departments’ staffing in response to COVID-19…

In accordance with the Special Parking MOU that establishes parking permit priorities and authorizes the issuance of such permits under certain conditions, City employees with parking permits pay a parking fee that is deducted from their paycheck on a biweekly basis. To support COVID-19 safety measures, many City employees are currently telecommuting and not utilizing their parking permit but continue to have a parking fee deducted from their paycheck. Due to GSD’s temporary parking policy allowing City employees to park at City parking facilities at no cost during the period of the Safer at Home Emergency Order, many City employees who currently have a biweekly parking payroll deduction have raised concerns regarding paying for parking they are currently not using and which is currently being provided to others at no cost. Many of these employees have requested that parking payroll deductions be suspended or that a refund be issued for parking fees that were paid while telecommuting…

[T]here is no provision in the Special Parking MOU providing the ability to temporarily stop or refund City employees for not using their parking permits due to an emergency situation such as that posed by the COVID-19 pandemic. However, the unusual circumstances created by the prolonged emergency response to COVID-19 (with respect to accessing certain City parking facilities at the same time parking permit rules and costs remain in effect) suggests that interim options be taken.”

Therefore, the JLMC-COP’s proposed Letter of Agreement (LOA)  recommends: (1) Suspension of parking fees for parking deduction payroll codes for six consecutive pay periods (not including no-deduction paychecks) beginning as soon as administratively practical. (2) Review of the status of the parking fee suspension by the JLMC-COP within approximately sixty days from the effective start date of the suspension. (3) An option to extend the parking fee suspension for an additional period of time upon further action by the JLMC-COP.”

On February 17, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the LOA. This matter is now submitted to Council for its consideration.”

Now, agenda item 17 of the February 23, 2021 Los Angeles City Council meeting calls for the Council to consider the Report. 

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the February 23, 2021 Los Angeles County Board of Supervisors meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Grocery Retail and Drug Retail Workers in Unincorporated LA County

Agenda items 10 and 36 “‘Hero Pay’ for Frontline-Grocery Workers and Drug Retailers in Los Angeles County”

As discussed in a prior post, On January 5, 2021, a Motion was introduced by Chair Hilda Solia (1st District) and Chair Pro Tem Holly Mitchell (2nd District) that called for a “written report that…Contains a proposed Urgency Ordinance that, among other things…Requires that stores located in the unincorporated areas of the County of Los Angeles, that are covered by Appendix B-1 of the County of Los Angeles Department of Public Health Targeted Temporary Safer at Home Health Officer Order, and are publicly traded or have at least 300 employees nationwide and more than 10 employees per store site pay all of their workers an additional five (5) dollars per hour in wages.”

Now, a Motion will be introduced to approve the Ordinance. The Motion reiterates “[g]rocery and drug retail workers are among the heroes of this pandemic, putting their lives on the line – often for low wages and minimal benefits- in order to sustain our food system and maintain healthy communities. Despite their importance to our communities, their employers have not provided sufficient family-sustaining wages and ‘Hero Pay’ during the recent surge of COVID-19 cases. It is imperative for this Board to act with urgency to support these workers to be justly compensated for the unprecedented risks they encounter on the job during this pandemic and require their employers to provide for ‘Hero Pay.’”

Therefore, the Motion calls for “the Board of Supervisors [to] approve the attached urgency Ordinance to amend Title 8 – Consumer Protection, Business, & Wage Regulations of Los Angeles County, to require grocery retail and drug retail employers to provide an additional $5 per hour hazard pay to employees working frontline positions as compensation for the hazards these employees face during the COVID-19 pandemic.”

The Motion also calls for “the Board of Supervisors [to] direct the Department of Consumer & Business Affairs, in consultation with the Workforce, Development, Aging, & Community Services (WDACS), to report to the Board of Supervisors within 90 days of the date of adoption on the effectiveness of the provisions of the Ordinance, recommendations for additional provisions that further the intent of the Ordinance including workforce development opportunities, and whether the provisions of the Ordinance are still necessary based on the County’s recovery from the impacts of the COVID-19 pandemic.”

According to an Analysis of the Ordinance completed by the County Counsel, “[t]his ordinance is an urgency measure that will take immediate effect upon its approval by at least a four-fifths vote of the Board of Supervisors.”

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the February 9, 2021 LA City Council special meeting revised agenda. There are 11 items in particular that could impact you.

1. Workers Who Could be Impacted: City of LA Non-Represented Classifications and General Managers

On January 28, 2021, the City Administrative Officer (CAO) sent a Report to the City Council entitled “Postponement of Salary Increases for Non-Represented Employees and General Managers.”

The Report provided in part “[c]onsistent with pre-existing City Council policy…salary adjustments approved for employees represented by the Engineers and Architects Association (EAA) shall be applied to non-represented employees in commensurate classes. Recently, the City and the EAA reached agreement to postpone future scheduled salary increases in recognition of the City’s financial situation stemming from the COVID-19 pandemic’s induced economic downturn. In addition, on January 8, 2021, the Executive Employee Relations Committee (EERC) directed that the same postponed salary adjustment schedule apply to the City’s non-represented general managers.”

Therefore, the Report recommended “1. [t]hat the City Council, subject to the approval of the Mayor, adopt the attached ordinance…to postpone previously scheduled salary increases for non-represented employees and general managers; and 2. That the City Council authorize the Controller and the City Administrative Officer to correct any clerical errors, or, if approved by the City Attorney, any technical errors in the above ordinances.”

On February 1, 2021, the Los Angeles City Attorney sent a Letter to the City Council. The Letter provided in part, “[t]his Office has prepared…[a] draft ordinance [that] would amend…the Los Angeles Administrative Code, to postpone salary increases of non-represented classifications scheduled for January 31, 2021, January 30, 2022, and June 19, 2022, to the dates of June 19, 2022, January 29, 2023, and June 18, 2023, respectively….the draft ordinance was sent…to the City Administrative Officer (CAO). The CAO recommends adoption of the draft ordinance.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report and Ordinance. The Committee’s Report provided in part “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the Ordinance…This matter is now submitted to Council for its consideration.”

Now, agenda item 3 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the Report and Ordinance. 

2. Workers Who Could be Impacted: Engineers and Architects Association (EAA) Memoranda of Understanding 1, 19, 20, and 21

On January 29, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Amendment to Memoranda Of Understanding (MOUs) for the Engineers And Architects Association – MOUs 1, 19, 20, and 21.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the Engineers and Architects Association (EAA) on an extension to the 2019-2022 MOUs for the bargaining units…: MOU 1 – Administrative Unit, MOU 19 – Supervisory Technical Unit, MOU 20 – Supervisory Administrative Unit, MOU 21 – Technical Unit. All of the MOUs were ratified by the bargaining unit members. The…MOUs include an 18-month extension of the expiration date from June 30, 2022 to December 31, 2023.”

The key provisions of the agreement include:

“Salary Deferrals: The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 30, 2022, shall be deferred to January 29, 2023. The 1.5% salary adjustment scheduled for June 19, 2022, shall be deferred to June 18, 2023. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken on February 12, 2021 and May 28, 2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours. 

Personal Leave – Effective February 28, 2021, each unit member shall, in addition to all other compensatory time, receive 40 hours per calendar year as personal leave.”

The agreement also includes “a special adjustment for the Paralegal classification as well as an amendment to the salary notes to address salary compaction and overtime issues.”

Therefore, the Report recommended “that the City Council: 1. Approve the attached 2019-2023 MOUs for bargaining units 1,19, 20, and 21; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the MOUs as detailed in the CAO report and the above recommendations. This matter is now submitted to Council for its consideration.”

Now, agenda item 18 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

3. Workers Who Could be Impacted: City of LA Management Employees Representation Unit (MOU 36)

On December 18, 2020, the CAO sent a Report to the City Council entitled “Amendment No. 1 to the Memorandum of Understanding for the Management Employees Unit (MOU No. 36).”

The Report provided in part “[a]t its meeting on October 28, 2020, the Executive Employee Relations Committee recommended City Council approval of an Amendment to MOU 36 which would create two pay grades for the Airport Labor Relations Advocate…classification. Airport Labor Relations Advocate I and II…would be created and Airport Labor Relations Advocate…would be eliminated. The establishment of the additional pay grade will provide oversight and supervision to the existing level of this classification.”

Therefore, the report recommended “[t]hat the City Council: 1. Approve…Amendment No. 1 to the Memorandum of Understanding (MOU) for the Management Employees Unit (MOU No. 36) between the City of Los Angeles and the Los Angeles Professional Managers’ Association; and 2. Authorize the City Administrative Officer and the Controller to make clerical or technical corrections to the MOU, as may be necessary.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the MOUs as detailed in the CAO report…This matter is now submitted to Council for its consideration.”

Now, agenda item 19 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

4. Workers Who Could be Impacted: City of LA Bargaining Units 4, 8, 14, 15, 17 and 18

On January 29, 2021, the CAO send the Report to the City Council entitled “2018-2022 Memoranda of Understanding (MOUs) Amendments for Service Employees International Union (SEIU) – MOUs 4, 8, 14, 15, 17 and 18.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the Coalition of Los Angeles City Unions (Coalition) on an extension to the 2018-2021 MOUs. The units represented by SEIU are a part of this tentative agreement….All of the MOU amendments were ratified by the bargaining unit members. The…amendments include an 18-month extension of the MOU expiration date from June 30, 2021 to December 31, 2022. In addition to the key provisions listed below, these amendments include some unique terms for MOUs 4 and 8 to address salary compaction issues.”

The key provisions of the agreements include:

“Term- July 1, 2018, through December 31, 2022.

Salary Deferrals- The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for June 20, 2021, shall be deferred to June 19, 2022. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken on February 12, 2021 and May 28, 2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours. 

Personal Leave – Effective July 1, 2021, each unit member shall, in addition to all other compensatory time, receive up to 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1 Approve the…2018-2022 MOU amendments for bargaining units 4, 8, 14 15, 17, and 18; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the recommendations contained in the CAO report. This matter is now submitted to Council for its consideration.”

Now, agenda item 20 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreements.

5. Workers Who Could be Impacted: City of LA Bargaining Units 2, 9, 12, 13, 36, 63, and 64

On January 29, 2021, the COA sent a Report to the City Council entitled “2018-2022 Memoranda of Understanding (MOUs) for the Following Bargaining Units of the Coalition of City Unions – MOUs 2, 9, 12,13, 36, 63, and 64.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with five employee organizations of the Coalition of Los Angeles City Unions (Coalition) on an extension to the 2018-2021 MOUs for the bargaining units…All of the MOUs were ratified by the bargaining unit members. The…MOUs include an 18 month extension of the expiration date from June 30, 2021 to December 31, 2022. In addition to the key provisions listed below, these agreements include some unique terms for MOUs 12, 13, and 36 to address salary compaction issues.”

The key provisions of the agreements include:

“Term – July 1, 2018, through December 31, 2022.

Salary Deferrals- The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for June 20, 2021, shall be deferred to June 19, 2022. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken on February 12, 2021 and May 28, 2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021.

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022.

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours.

Personal Leave – Effective July 1, 2021, each unit member shall, in addition to all other compensatory time, receive up to 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1 Approve the…2018-2022 MOUs for bargaining units 2, 9, 12, 13, 36, 63 and 64; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the MOUs…This matter is now submitted to Council for its consideration.”

Now, agenda item 21 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreements.

6. Workers Who Could be Impacted: Management Attorneys Unit (MOU 32)

On February 1, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Memorandum of Understanding (MOU) For the City Attorneys Management Association (MOU 32).”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the City Attorneys Management Association on an extension to the 2019-2022 MOU. The unit consists of 16 members working exclusively in Office of the City Attorney. The agreement was ratified by the bargaining unit members…The amended MOU includes an 18-month extension of the expiration date from June 30, 2022 to December 31, 2023.” 

The key provisions of the agreement include:

“Term – July 1,2019, through December 31, 2023.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 16, 2022, shall be deferred to January 15, 2023.

Unpaid Days – In addition to the two previously agreed upon unpaid days, two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken by all unit members. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Personal Leave – Effective February 28, 2021, each unit member shall, in addition to all other compensatory time, receive 40 hours per calendar year as personal leave.”

Therefore, the Report recommended “that the City Council: 1. Approve the…2019-2023 MOU for the City Attorneys Management Association (MOU 32); and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the 2019-2023 MOU. This matter is now submitted to Council for its consideration.”

Now, agenda item 22 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

7. Workers Who Could be Impacted: Confidential Attorneys Unit, Bargaining Unit 31

On February 1, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Memorandum of Understanding (MOU) For the International Union Of Operating Engineers, Local 501 (IUOE) – Confidential Attorneys Unit (MOU 31).”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the IUOE, Local 501 on an extension to the 2019-2022 MOU for the Confidential Attorneys Unit. The unit consists of 33 members working exclusively in Office of the City Attorney. The agreement was ratified by the bargaining unit members…The amended MOU includes an 18-month extension of the expiration date from June 30, 2022 to December 31, 2023.”

The key provisions of the agreement include:

“Term – July 1, 2019, through December 31, 2023.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 16, 2022, shall be deferred to January 15, 2023.

Unpaid Days – In addition to the two previously agreed upon unpaid days, two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken by all unit members. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Personal Leave – Effective February 28, 2021, each unit member shall, in addition to all other compensatory time, receive 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2019-2023 MOU for the International Union of Operating Engineers, Local 501, Confidential Attorneys Unit (MOU 31); and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the MOU. This matter is now submitted to Council for its consideration.”

Now, agenda item 23 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

8. Workers Who Could be Impacted: Sr. Administrative Analysts and Administrative Analysts Bargaining Unit (MOU 61)

On January 29, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Amendment to Memorandum Of Understanding (MOU) For The Fiscal Policy Professionals Association – MOU 61.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the Fiscal Policy Professionals Association (FPPA) on an extension to the 2019-2022 MOU for the bargaining unit 61. This bargaining unit consists of 42 members who work exclusively in the Office of the City Administrative Officer. The MOU was ratified by the bargaining unit members. The…MOU includes an 18 month extension of the expiration date from June 30, 2022 to December 31, 2023.”

The key provisions of the agreement include:

“Term – June 23, 2019, through December 31, 2023.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 30, 2022, shall be deferred to January 29, 2023. The 1.5% salary adjustment scheduled for June 19, 2022, shall be deferred to June 18, 2023. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours. 

Personal Leave – Effective February 28, 2021, each member shall, in addition to all other compensatory time, receive up to 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2019-2023 MOU for bargaining unit 61; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the 2019-23 MOU for MOU 61. This matter is now submitted to Council for its consideration.”

Now, agenda item 24 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

9. Workers Who Could be Impacted: City Attorneys’ Representation Unit (MOU 29)

On February 1, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Memorandum of Understanding (MOU) For The Los Angeles City Attorneys Association (LACAA) – City Attorneys Representation Unit (MOU 29).”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the LACAA on an extension to the 2019-2022 MOU for the City Attorneys Representation Unit. The unit consists of 485 members working exclusively in Office of the City Attorney. The agreement was ratified by the bargaining unit members…The amended MOU includes an 18-month extension of the expiration date from June 30, 2022 to December 31, 2023.”

The key provisions of the agreement include:

“Term – July 1, 2019, through December 31, 2023.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 16, 2022, shall be deferred to January 15, 2023.

Unpaid Days – In addition to the two previously agreed upon unpaid days, two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken by all unit members. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Increased cap for Compensated Time Off (CTO) – consistent with other city attorney bargaining units. 

Personal Leave – Effective February 28, 2021, each unit member shall, in addition to all other compensatory time, receive 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2019-2023 MOU for the Los Angeles City Attorneys Association, City Attorneys Representation Unit (MOU 29); and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the 2019-23 MOU. This matter is now submitted to Council for its consideration.”

Now, agenda item  of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

10. Workers Who Could be Impacted: Park Rangers Unit (Bargaining Unit 65)

On January 7, 2021, the CAO sent a Report to the City Council entitled “Tentative Agreement for the Park Rangers Unit – 2020-2022 Memorandum of Understanding No. 65 With The Los Angeles Ai[r]port Peace Officers Association, LAAPOA, For The Park Rangers.”

The Report provided in part “[i]n accordance with the instructions of the Executive Employee Relations Committee (EERC), the Los Angeles Airport Peace Officers Association (LAAPOA) and the CAO have reached a tentative agreement on an inaugural MOU 65 for the Park Rangers. The Rangers were first accreted by LAAPOA into MOU 30, where the class was represented for approximately one year. The terms and conditions are patterned after MOU 30, with a few recommended exceptions. The tentative agreement has been ratified by bargaining unit members.”

The recommended exceptions include:

“Healthcare – Continue 10% employee contribution through December 31, 2021. (MOU 30 will continue to make the contribution through the end of calendar 2022.)

No Unpaid Code 7 – Unit members shall not be afforded an unpaid meal break during a regular work shift, but the Chief Park Ranger may, at his discretion, extend a work day to include an unpaid meal break. The policy is in line with MOU 24.

Additional Compensation – Afford Senior Park Rangers the opportunity to earn 2% additional compensation for earning and maintaining a Supervisory POST certificate and 2% for a Management or Records Management POST certificate. Compensate a Unit member 5.5% who is trained and certified as an Engine and/or Water Tender Operator and who is assigned by Management to perform such work. Park Rangers operate a water tender and other fire suppression equipment that is deployed to assist the Los Angeles Fire Department in extinguishing fires in parks.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2020-2022 Memorandum of Understanding (MOU) for Bargaining Unit 65; and 2. Authorize the Controller and the CAO to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the 2020-22 MOU. This matter is now submitted to Council for its consideration.”

Now, agenda item 26 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

11. Workers Who Could be Impacted: City of LA Bargaining Units 3, 6, 7, 10, 11, 16 and 37

On February 5, 2021, the CAO sent a Report to the City Council entitled “2018-2022 Memoranda of Understanding (MOUs) Amendments for the American Federation Of State, County And Municipal Employees (AFSCME) – MOUs 3, 6, 7, 10, 11, 16 and 37.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with AFSCME consistent with the agreements reached by the other bargaining units in the Coalition of Los Angeles City Unions (Coalition). The AFSCME bargaining unit MOUs have been ratified by the membership…The updated MOUs include an 18-month extension of the expiration date from June 30, 2021 to December 31, 2022. 

The key provisions of the agreements include:

“Term – July 1, 2018, through December 31,2022.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for June 20, 2021, shall be deferred to June 19, 2022. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken on February 12, 2021 and May 28, 2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours. 

Personal Leave – Effective July 1,2021, each unit member shall, in addition to all other compensatory time, receive up to 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2018-2022 MOUs for bargaining units 3, 6, 7, 10, 11, 16 and 37; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOUs, or make necessary technical corrections subsequent to City Council approval.”

The City Council’s Personnel, Audits, and Animal Welfare Committee waived consideration of  the Report.

Now, agenda item 41 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreements.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the February 9, 2021 Los Angeles County Board of Supervisors meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Association for Los Angeles Deputy Sheriffs, Professional Peace Officers Association, Deputy Probation Officers, Beach Lifeguards, Supervisory Beach Lifeguards, and Public Defender Investigators

Agenda item 24 “Memoranda of Understanding for Bargaining Units 611, 612, 701, 641, 642 and 613 Amendment”

The County’s Chief Executive Officer sent a Letter dated February 9, 2021 to the Board of Supervisors. The Letter provided in part “[i]n March 2020, Congress enacted [the Families First Coronavirus Response Act (FFCRA)] to provide paid time off and protected leave to eligible employees impacted by COVID-19. Under FFCRA, eligible employees were granted up to 80 hours of emergency paid sick leave and up to 12 weeks of Expanded Family Medical Leave Act (FMLA) leave to be used for COVID-19-related illness, family care, or child care reasons. The FFCRA leave provisions became effective on April 1, 2020 and expired on December 31, 2020.

Based on unprecedented circumstances caused by COVID-19, the [bargaining units above] have agreed to extend the current terms of the agreements…for one additional year with no salary increases during the contract term extension. The agreements maintain a ‘status quo’ for all other terms and conditions of employment. We are requesting your approval of the extensions for [Association for Los Angeles Deputy Sheriffs, Professional Peace Officers Association, Deputy Probation Officers, and Public Defender Investigators]…through January 31, 2022, and the extensions for [Beach Lifeguards, and Supervisory Beach Lifeguards]…through December 31, 2021.

In conjunction with these MOU Amendments, we also request your approval of an FFCRA ‘equivalent’ leave time benefit, retroactive to January 1, 2021, for all represented County employees. Under an executed agreement with labor, the FFCRA equivalent leave would remain in effect through March 31, 2021, but may end earlier if certain specified conditions are met. It would provide Emergency Paid Sick Leave and Expanded FMLA Leave to qualified County employees in the same amounts and under the same terms and conditions as under the County’s initial implementation of FFCRA…This extension is necessary due to the increasing and ongoing prevalence of the COVID-19 virus.”

Therefore, the Letter called for the Board to:

“1. Approve the accompanying MOU Amendments between the County and the following BUs: 611 (Association for Los Angeles Deputy Sheriffs), 612 (Professional Peace Officers Association), 701 (Deputy Probation Officers), 641 (Beach Lifeguards), 642 (Supervisory Beach Lifeguards), and 613 (Public Defender Investigators). 

2. Approve and authorize a FFCRA County equivalent leave time provision with a retroactive date to January 1, 2021, to cover represented employees pursuant to a properly executed labor agreement.

3. Instruct the Auditor-Controller to make all payroll system changes necessary to implement the recommendations contained herein.”

Now, agenda item 24 of the February 9, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider the Letter.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC