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 ahead of the May 1, 2021 legalization of public sector collective bargaining in Virginia.

Workers Who Could be Impacted: Public Sector Workers Throughout Virginia

In 1977, the Supreme Court of Virginia ruled in Commonwealth of Virginia v. County Board of Arlington County, Et al. that public employee bargaining was impermissible absent express statutory authority. In 1993, the Virginia General Assembly codified this ruling. 

The 1993 law, chaptered as Code of Virginia Table Title 40.1 Chapter 4 Article 2.1 § 40.1-57.2. states, “[n]o state, county, municipal, or like governmental officer, agent or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service.”

On April 22, 2020, the Virginia General Assembly passed SB 939 and its sister bill HB 582. Virginia Governor Ralph Northam then signed both bills into law. The bills replace the language in Title 40.1 Chapter 4 Article 2.1 § 40.1-57.2 to allow counties, cites, or towns in Virginia to grant authority to recognize a labor union or other employee association as a bargaining agent of public officers or employees, and to collectively bargain with such a union or association.

The new text of Title 40.1 Chapter 4 Article 2.1 § 40.1-57.2, effective May 1, 2021, provides, 

“A. No state, county, city, town, or like governmental officer, agent, or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service unless, in the case of a county, city, or town, such authority is provided for or permitted by a local ordinance or by a resolution. Any such ordinance or resolution shall provide for procedures for the certification and decertification of exclusive bargaining representatives, including reasonable public notice and opportunity for labor organizations to intervene in the process for designating an exclusive representative of a bargaining unit. As used in this section, ‘county, city, or town’ includes any local school board, and “public officers or employees” includes employees of a local school board.

B. No ordinance or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body’s authority to establish the budget or appropriate funds.

C. For any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body shall, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. Nothing in this subsection shall require any governing body to adopt an ordinance or resolution authorizing collective bargaining.

D. Notwithstanding the provisions of subsection A regarding a local ordinance or resolution granting or permitting collective bargaining, no officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia or any employee of such officer is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents, with respect to any matter relating to them or their employment or service.”

On April 17, 2021, the City of Alexandria, Virginia adopted such an ordinance to “establish collective bargaining between the City and certain City employees.” 

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 April 20, 2021 Los Angeles County Board of Supervisors meeting agenda and supplemental agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Workers Throughout Unincorporated LA County

Supplemental Agenda Item 43-G “Employee Paid Leave for Expanded Vaccine Access”

A Motion will be introduced by Chair Hilda Solis (1st District) and Supervisor Sheila Kuehl (3rd District). The Motion provides in part, “As eligibility for the COVID-19 vaccine expands and supplies coming into Los Angeles County increase, it is critical that barriers to vaccine access are removed to ensure an effective and equitable response… In workplaces across the County, many employees lack the financial means to take the necessary time off from work to access the vaccine. This is especially true for low wage and essential workers…It is clear that more must be done to remove barriers to access for workers across the County, especially our essential workers.

Opportunities for vaccines to come to workplaces must expand, but workers must also have a greater ability to access vaccination sites. Furthermore, workers must not be forced to decide between a paycheck and taking the necessary steps to safeguard their own wellbeing and the public health. To that end, it is critical that all workers have access to additional paid leave benefits to get vaccinated…

California law, SB 95…requir[es] all employers with 25 or more employees to provide 80 hours of COVID-19 related sick leave for full-time employees, and for part-time employees, hours to cover the normal schedule that employee would work over two weeks. Though this covers vaccine-related time, many of our most vulnerable residents, especially our essential workers, may have already exhausted the existing 80-hour benefit due to either prior infection or exposure to COVID-19, and thus lack the necessary hours to take time off work to get vaccinated. To that end, it is important that workers be provided additional paid leave receive their vaccine…”

Therefore, the Motion calls for “the Board of Supervisors [to] direct County Counsel, in consultation with relevant Departments, to report back prior to the May 4, 2021 Board of Supervisors meeting with the following: 

1. Proposed Urgency Ordinance language that: 

a. Grants all employees in private businesses/entities located in the unincorporated areas of the County up to an additional four hours of excused paid leave per injection to receive the COVID-19 vaccine; 

b. Ensures that the leave of absence is granted at the employee’s regular rate of pay and shall not be charged against any other leave an employee is entitled to, including paid sick leave; 

c. Provides up to four hours of retroactive pay per injection for employees who received the vaccine during work time since January 1, 2021; 

d. Prohibits retaliatory action against any employee who exercises rights afforded under this proposed ordinance; and 

e. Submit the recommended Urgency Ordinance for Board consideration within 14 days. 

2. A memorandum that advises the Board as to whether such an Urgency Ordinance can apply to all private employees in the unincorporated areas of Los Angeles County.”

Now, agenda item 43-G of the April 20, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider 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 Governor Gavin Newsom’s signing of Senate Bill (SB) 93.

Workers Who Could be Impacted: Workers Throughout California in the Hospitality and Business Services Industries, Including Hotels, Airports, and Large Event Centers

On December 16, 2020, SB 93, entitled “Employment: rehiring and retention: displaced workers: COVID-19 pandemic” was introduced in the California State Senate by its lead authors, the Senate Committee on Budget and Fiscal Review.

The Legislative Counsel’s Digest of SB 93 provides in part, “[t]his bill would, until December 31, 2024, require an employer…to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system…The bill would define the term ‘laid-off employee’ to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding January 1, 2020, and whose most recent separation from active service was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the COVID-19 pandemic. The bill would require an employer to keep records for 3 years, including records of communications regarding the offers. The bill would require an employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee to provide the laid-off employee a written notice within 30 days including specified reasons for the decision, and other information on those hired.

This bill would, until December 31, 2024, prohibit an employer from refusing to employ, terminating, reducing compensation, or taking other adverse action against any laid-off employee for seeking to enforce their rights under these provisions. The bill would establish specified methods by which these provisions may be enforced, including authorizing an employee to file a complaint with the Division of Labor Standards Enforcement against the employer for specified relief, including hiring and reinstatement rights and awarding of back pay, as well as a civil penalty. The bill would authorize the Division of Labor Standards Enforcement to promulgate and enforce rules and regulations, and issue determinations and interpretations concerning these provisions…

This bill would declare that it is to take effect immediately…”

On January 21, 2021 SB 93 passed the California State Senate. On April 12, 2012 SB 93 passed the California State Assembly. On April 15, 2021 the Senate concurred with the Assembly’s amendments, and the Bill was presented to the Governor. 

On April 16, 2021 Governor Gavin Newsom signed SB 93 into law and it took immediate effect. 

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 April 14, 2021 Los Angeles City Council meeting agenda. There are three items in particular that could impact you.

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

On February 10, 2021 the City Administrative Officer (CAO) sent a Report to the City Council entitled “Los Angeles Administrative Code Amendment to Add Additional Unpaid Holidays For Non-Represented Employees In FY 2020-21.” 

The Report provided in part “[o]n February 9, 2021, the Los Angeles City Council adopted amended memoranda of understanding (MOUs) for most of the civilian workforce. Those amended MOUs provide for two (2) unpaid days, in addition the two adopted by Council in October 2020…The…amendment will allow the same two (2) additional unpaid days for non-represented employees. The amended MOUs also include a provision for up to 40 hours of personal leave for each employee. This provision will require amending a different section of the Administrative Code and will be transmitted with separate ordinance at a later date.”

Therefore, the Report recommended that the “City Council, subject to approval by the Mayor: 1. Adopt the attached ordinance, approved as to form and legality by the City Attorney, amending Section 4.120 of the Los Angeles Administrative Code, to add two (2) additional unpaid holidays for non-represented employees during Fiscal Year 2020-21. [and] 2. 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 ordinance.”

On March 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee (PAAW) considered the Ordinance. The Committee’s Report provided in part “[a]fter consideration and having provided an opportunity for public comment, the PAAW Committee moved to recommend approval of the recommendations contained in the CAO report and detailed in the…recommendations. Subsequently, on March 22, 2021, the Budget and Finance Committee also considered this matter and after also having provided an opportunity for public comment, moved to concur with the PAAW Committee. This matter is now submitted to Council for its consideration.” The Committees’ recommendation was for the unpaid holidays “to be taken no later than June 19, 2021.”

Now, agenda item 10 of the April 14, 2021 Los Angeles City Council meeting agenda calls for the Council to consider the Ordinance. 

2. Workers Who Could be Impacted: United Firefighters of Los Angeles City (UFLAC) Firefighters and Fire Captains Bargaining Unit (MOU 23)

On April 1, 2021, the City Administrative Officer (CAO) sent a Report to the City Council entitled “2019-2022 Amended Memorandum of Understanding (MOU) for the United Firefighters of Los Angeles City (UFLAC) – MOU 23.”

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 United Firefighters of Los Angeles City (UFLAC) for the Firefighters and Fire Captains 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 last base wage increase of 4.5% from July 4, 2021, to January 1, 2023.

Time Off for Union Representatives

Allow for members on full time release to retain bonuses.

Allow for members on full time release to earn credit for union release time relative to the calculation of overtime. 

Require UFLAC to reimburse the City for full time release at the end of the MOU term.

Extend existing Letter of Agreement regarding Representative Lima to reflect the 2024 MOU term expiration year.

Expand release coverage to include Executive Board of California Professional Firefighters (CPF) and one unit member appointed to a staff/executive position on either International Association of Fire Fighters (IAFF) or CPF.

Budget and Finances

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

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).

Modified Coverage

New Letter of Agreement ensuring ‘No Brown Outs’ and the formation of a Joint Labor Management Committee to discuss daily closure methodology.

Retirement Incentive Pay

New Letter of Agreement that covers members who plan on entering DROP or retiring between July 4, 2021, and December 31, 2022, for purposes of including active compensation (highest 12 months) regarding retirement allowance calculation.

Allow members who entered DROP prior to July 4, 2021, 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 recommended “that the City Council: 1. Approve the…2019-2024 Amended Memorandum of Understanding (MOU) for Bargaining Unit 23; and 2. Authorize the Controller and the CAO to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”

On April 7, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee waived consideration of the amended MOU.

Now, agenda item 37 of the April 14, 2021 Los Angeles City Council meeting agenda calls for the Council to consider the amended MOU.

3. Workers Who Could be Impacted: Fire Chief Officers Representation Unit (MOU 22)

On April 6, 2021, the City Administrative Officer (CAO) sent a Report to the City Council entitled “2019-2022 Amended Memorandum of Understanding (MOU) for the Los Angeles Fire Department Chief Officers Association (MOU 22).”

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 Fire Department Chief Officers Association for the Fire Chief Officers 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 the last base wage increase of 4.5% from July 4, 2021, to January 1, 2023.

Budget and Finances

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

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).     

Modified Coverage

New Letter of Agreement ensuring ‘No Brown Outs’ and the formation of a Joint Labor Management Committee to discuss daily closure methodology.

Retirement Incentive Pay

New Letter of Agreement that covers members who plan on entering DROP or retiring between July 4, 2021, and December 31, 2022, for purposes of including active compensation (highest 12 months) regarding retirement allowance calculation.

Allows members who entered DROP prior to July 4, 2021, 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 recommended “that the City Council: 1. Approve the…2019-2024 Amended Memorandum of Understanding (MOU) for Bargaining Unit 22; and 2. Authorize the Controller and the CAO to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”

On April 7, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee waived consideration of the amended MOU.

Now, agenda item 38 of the April 14, 2021 Los Angeles City Council 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 April 9, 20021 release of results in the Amazon Union representation election.

According to the NLRB, there were approximately 3,041 employees of Amazon’s facility in Bessemer, Alabama who “mailed in ballots indicating whether they want to be represented by the Retail, Wholesale and Department Store Union” (RWDSU). 

Of the 5,876 eligible voters, 738 votes were cast in favor of representation by the RWDSU, and 1,798 votes were cast against representation by the RWDSU. 76 ballots were void, and 505 ballots were challenged. As such, “[c]hallenges are not sufficient in number to affect the results of the election.” Therefore, a “majority of the valid votes counted plus challenged ballots has not been cast for” representation by the RWDSU. “The parties have five business days to file objections contesting the conduct or results of the election.”

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 April 6, 2021 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Non-Represented City of LA Employees

On March 2, 2021, the City Administrative Officer (CAO) sent a Report to the City Council entitled “Establishment of Personal Leave for Non-Represented Employees Ordinance Adding Los Angeles Administrative Code Section 4.130.”

The Report provided in part “[i]n accordance with instructions from the Executive Employee Relations Committee, an ordinance is submitted herein to provide a personal leave benefit for non-represented employees consistent with the personal leave benefit provided to represented employees in the City’s civilian memoranda of understanding. The personal leave benefit affords full-time employees 40 hours of compensated time per calendar year to use for an event requiring an employee’s immediate attention. Half-time and intermittent employees will be entitled to a pro-rated number of hours of personal leave based on their hours worked in the prior calendar year. Unused personal leave cannot be carried over to subsequent calendar years or cashed out upon separation from City service.”

Therefore, the Report recommended “1. That the City Council, subject to the approval of the Mayor, adopt the attached ordinance…amending the Los Angeles Administrative Code to add a new Section 4.130 to provide a personal leave benefit for non-represented employees; 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 ordinance.”

On March 1, 2021, the City Attorney sent a Report to the City Council entitled “Draft Ordinance Adding Section 4.130 to the Los Angeles Administrative Code to Provide a Personal Leave Benefit for Non-Represented Employees Effective February 28, 2021.” The Report provided in part “[t]his Office has prepared…the…draft ordinance…The draft ordinance would add Section 4.130 to Article 10, Chapter 2 of Division 4 of the Los Angeles Administrative Code to provide a personal leave benefit for non-represented employees effective February 28, 2021.”

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

Now, agenda item 14 of the April 6, 2021 Los Angeles City Council meeting agenda calls for the Council to consider the Draft Ordinance.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC