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 31, 2021 Los Angeles City Council special meeting agenda. There are two items in particular that could impact you.

1. Workers Who Could be Impacted: Crossing Guards Bargaining Unit (MOU 34)

On March 1, 2021, the City Administrative Officer (CAO) sent a Report to the City Council entitled “2018-2022 Memorandum of Understanding (MOU) Amendment for the California Teamsters Public, Professional and Medical Employees Union (Teamsters) – MOU 34.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with Teamsters, Crossing Guards bargaining unit principally consistent with the agreements reached by the other bargaining units in the Coalition of Los Angeles City Unions (Coalition). This bargaining is completely comprised of part-time staff exclusively employed at the Department of Transportation as Crossing Guards.

The MOU has been ratified by the membership and is attached for your consideration and approval. The amended MOU includes an 18-month extension of the expiration date from June 30, 2021, to December 31, 2022.

 The key provisions are…:

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

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.

Unpaid Days – Two (2) unpaid days in Fiscal Year 2020/2021.

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

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

Therefore, the Report recommended “that the City Council: 

1. Approve the attached 2018-2022 MOU 34, Crossing Guards bargaining unit, Local 911; 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 March 17, 2021, the City Council’s Personnel, Audits, And Animal Welfare Committee considered the Amended MOU. 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 recommendations contained in the CAO report…This matter is now submitted…for its consideration.”

Now, agenda item 1 of the March 31, 2021 Los Angeles City Council special meeting agenda calls for the Council to consider the Amended MOU.

2. Workers Who Could be Impacted: Inspectors Bargaining Unit (MOU 5)

On March 1, 2021, the the City Administrative Officer (CAO) sent a Report to the City Council entitled “2019-2023 Amendment to Memorandum Of Understanding (MOU) For The Municipal Construction Inspectors Association (MOU 5).”

The Report provide in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the Municipal Construction Inspectors Association (MCIA) for an extension to the 2019-2022 for MOU 5. The MOU was ratified by the bargaining unit members and is attached for your approval. 

The attached MOU includes an 18 month extension of the expiration date from June 30, 2022 to December 31, 2023. In addition to the key provisions listed below, the MOU includes modified provisions related to operations consistent with other bargaining units.”

The key provisions include:

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

Salary Deferrals – The 2% salary adjustment scheduled for July 4, 2021, shall be deferred to July 3, 2022. -The 2% salary adjustment scheduled for June 19, 2022, shall be deferred to January 29, 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.

Personal Leave – Effective February 28, 2021, each member shall, in addition to the current 16 hours provided, receive an additional 24 hours of personal leave for a total of 40 hours per calendar year. 

Career Development – Each member[] shall receive sixteen (16) hours of compensatory time off per year in calendar years 2021 and 2022 only, for the purpose of outside career development subject to course approval.”

Therefore, the Report recommended “that the City Council: 

1. Approve the attached 2019-2023 MOU for MCIA – MOU 5; 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 March 17, 2021, the City Council’s Personnel, Audits, And Animal Welfare Committee considered the Amended MOU. 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 recommendations contained in the CAO report and detailed in in the above recommendations. This matter is now submitted…for its consideration.”

Now, agenda item 2 of the March 31, 2021 Los Angeles City Council special meeting agenda calls for the Council to consider the Amended MOU.

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 March 23, 2021 Los Angeles City Council meeting revised agenda. There are two items in particular that could impact you.

1. Workers Who Could be Impacted: Los Angeles Police Protective League (LAPPL) – MOU 24

On March 1, 2021, the City Administrative Officer sent a Report to the City Council entitled “2019-2022 Amended Memorandum of Understanding (MOU) for the Los Angeles Police Protective League (LAPPL) – MOU 24.” 

The Report provided in part “[i]n accordance with the instructions of the Executive Employee Relations Committee (EERC), a tentative agreement has been reached with the Los Angeles Police Protective League (LAPPL) for the Police Officers, Lieutenant and Below representation bargaining unit for an amended MOU. The tentative agreement has been ratified by bargaining unit members.

The key provisions of the agreement are as follows:

Term & Salary

Extend term from 3 years to 5 years (July 1, 2019 – June 29, 2024).

Defer date of base wage increase of 3% from January 16, 2022, to January 1, 2023.

Defer date of base wage increase of 1.5% from June 19, 2022, to January 1, 2023.

Budget and Finances

New Letter of Agreement requiring meetings to provide periodic updates on the City’s budget and finances; LAPPL can invoke right to meet and confer over distribution of significant state/federal relief money received by the City.

Allocate and pay a minimum of $70 million in cash overtime in FY 2021/2022, 2022/2023, and 2023/2024.

Establish an overtime bank “buy-back” program in mid-to-late FY 2022/23 to be administered in FY 2023/24 for a minimum of $35 million subject to budget conditions.

Continue the overtime bank “buy-back” program in the existing LOA to 2022/23.

Health Insurance

In January 2022 and January 2023 the parties shall meet and confer to establish the monthly subsidy amounts for the corresponding upcoming fiscal years (July 2022 and July 2023).

No Lay Offs

Provides that no layoffs will occur during FY 2020/21.

Retirement Incentive Pay

Provides members who plan on entering [the Deferred Retirement Option Plan (DROP)] or retiring between January 16, 2022, and December 31, 2022, for purposes of including active compensation (highest 12 months) regarding retirement allowance calculation.

Allows members in DROP prior to January 16, 2022, to take advantage of Retirement Incentive Pay during the last pay period of employment to maintain deferred salary regarding accumulated time off payouts.”

Therefore, the Report “recommends that the City Council:

1. Approve the attached 2019-2024 Amended Memorandum of Understanding (MOU) for Bargaining Unit 24; and

2. Authorize the Controller and the CAO to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”

On March 17, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered and approved the Report.

Now, agenda item 19 of the March 23, 2021 Los Angeles City Council meeting calls for the Council to consider the Report.

2. Workers Who Could be Impacted: Los Angeles Police Command Officers Association (MOU 25)

On March 8, 2021 the City Administrative Officer sent a Report to the City Council entitled “2019-2022 Amended Memorandum of Understanding (MOU) for the Los Angeles Police Command Officers Association (MOU 25).”

The Report provided in part “[i]n accordance with the instructions of the Executive Employee Relations Committee (EERC), a tentative agreement has been reached with the Los Angeles Police Command Officers Association (LAPCOA) for the Police Officers, Captain and Above representation bargaining unit for an amended MOU. The tentative agreement has been ratified by bargaining unit members.”

The key provisions of the agreement are as follows:

Term & Salary

Extend term from 3 years to 5 years (July 1, 2019 – June 29, 2024).

Defer date of base wage increase of 3% from January 16, 2022, to January 1, 2023.

Health Insurance

In January 2022 and January 2023 the parties shall meet and confer to establish the monthly subsidy amounts for the next fiscal year (July 2022 and July 2023).

Budget and Finances

New Letter of Agreement requiring meetings to provide periodic updates on the City’s budget and finances; LAPCOA can invoke right to meet and confer over distribution of significant state/federal relief money received by the City.

Retirement Incentive Pay

Provides members who plan on entering DROP or retiring between January 16, 2022, and December 31, 2022, for purposes of including active compensation (highest 12 months) regarding retirement allowance calculation.

Allows members in DROP prior to January 16, 2022, to take advantage of Retirement Incentive Pay during the last pay period of employment to maintain deferred salary regarding accumulated time off payouts.”

Therefore, the Report “recommends that the City Council: 

1. Approve the attached 2019-2022 Amended Memorandum of Understanding (MOU) for Bargaining Unit 25; and

2. Authorize the Controller and the CAO to correct any clerical errors or make

necessary technical corrections subsequent to City Council approval.”

On March 17, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered and approved the Report.

Now, agenda item 20 of the March 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 March 9, 2021 United States House of Representatives passage of the PRO Act.

Workers Who Could be Impacted: Workers Throughout the United States

On February 4, 2021, H.R. 842 Protecting the Right to Organize Act of 2021 (PRO Act) was introduced in the United States House of Representatives. The PRO Act is sponsored by Representative Robert C. “Bobby” Scott [D-VA-3] and cosponsored by 213 Congressmembers.

According to the bill summary authored by the Congressional Research Service “this bill expands various labor protections related to employees’ rights to organize and collectively bargain in the workplace. Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes.  

The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes.  

The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation.

Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.”

On March 9, 2021, the United States House of Representatives passed the PRO Act by a vote of 225-206.

The bill will now be sent to the United States Senate for consideration. However, its fate there remains uncertain. If the PRO Act does pass the Senate, President Joe Biden has indicated a willingness to sign it into law. 

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 March 9, 2021 Los Angeles County Board of Supervisors meeting agenda and supplemental agenda. There are two items in particular that could impact you.

  1. Workers Who Could be Impacted: LA County Employees

Agenda item 8 “Enhanced County Employee Election Worker Program”

A Motion will be introduced by Supervisors Sheila Kuehl (3rd District) and Kathryn Barger (5th District). The Motion provides in part “[d]espite new challenges brought forth by the COVID-19 pandemic, the Registrar- Recorder/County Clerk (RR/CC) administered a highly successful…[e]lection in November 2020…A vital contributor to the success of this election was the use of County employees as Election Workers.

On August 4, 2020, in response to…challenges resulting from the COVID-19 pandemic, the Board approved…the use of County Disaster Service Workers (DSW). The Board directed the RR/CC to temporarily suspend the voluntary County Employee Poll Worker Program and instead adopt the County DSW Election Worker Program, which included mandatory staffing from departments to ensure the County had sufficient Election Worker staffing during the pandemic. The DSW Program proved to be extremely successful with participation by all County departments and resulted in the recruitment and assignment of 7,400 County employees…The RR/CC made recommendations to modify the County Employee Poll Worker Program based on the learnings from the DSW Program, including implementing Departmental assignment thresholds and creating more flexibility in shifts and number of days worked to facilitate and encourage maximum participation…The continued need for the interim DSW Election Worker program during the COVID-19 pandemic is imperative with a possible Statewide Gubernatorial Recall Election later this year. This Board should ensure that the RR/CC has access to County DSWs to provide the necessary staffing resources while the County Employee Poll Worker Program is being revised.”

Therefore, the Motion calls for “the Board of Supervisors [to] direct the Registrar- Recorder/County Clerk, in collaboration with the Chief Executive Office, Department of Human Resources, and County Counsel to report back in 120 days with a revised program and corresponding ordinance for the County Employee Election Worker Program to replace the existing program/ordinance for County Employee Poll Workers that includes Departmental thresholds and creates greater flexibility in shifts and number of days worked by County employees.” The Motion also called for “the Board of Supervisors [to] extend the Board’s action from August 4, 2020, to continue the County DSW Election Worker Program for any Countywide elections prior to adoption of the new Ordinance.”

Now, agenda item 8 of the March 9, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider the Motion.

2. Workers Who Could be Impacted: AFSCME Local 1902 Members

Supplemental Agenda Item 56-G “Five-Signature Letter to Support AFSCME 1902 Workers”

A Motion will be introduced by Supervisor Janice Hahn (4th District). The Motion provides in part “An LA Times investigation last month revealed a workplace culture at the Metropolitan Water District (MWD) of Southern California plagued with rampant sexual harassment, bullying, discrimination, and retaliation, particularly for women and LGBTQIA+ people. These essential workers build and manage the water infrastructure the County relies on, often in remote locations away from their families. The review initiated by the MWD Board is a good first step to investigate the claims of sexual harassment, but a full, comprehensive investigation into all alleged incidents of abuse at the MWD is necessary to not only achieve justice for those abused, but to change the culture and ensure incidents of misconduct are taken seriously.”

Therefore, the Motion calls for “the Board of Supervisors [to] direct the Chief Executive Officer to send a five-signature letter to Assemblymember Rudy Salas Jr., Chair, and Senator John Laird, Vice Chair, of the California State Assembly Joint Legislative Audit Committee, with a copy to the Committee members to request a State Audit in order to have a comprehensive investigation into the allegations and concerns regarding the workplace culture surrounding the women and LGBTQIA+ employees who work in Metropolitan Water District of Southern California.”

Now, supplemental agenda item 56-G of the March 9, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider the Motion.

The Employees Association of the Metropolitan Water District of Southern California, American Federation of State, County and Municipal Employees (AFSCME), Local 1902 “is a Union that represents the working men and women of Southern California water districts.” The Management and Professional Employees Association of the Metropolitan Water District, AFSCME, Local 1001 represents the management and professional employees of the…Metropolitan Water District of Southern California.”

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC