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

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

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