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