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 November 10, 2020 Los Angeles City Council meeting agenda. There are seven items in particular that could impact you.
1. Workers Who Could be Impacted: Undocumented City of Los Angeles Employees
As discussed in more detail in a prior post on this site, a July 29, 2020, a Motion introduced by Councilmember Gil Cedillo (1st District) called for “the Personnel Department [to] be directed to report, with assistance from the City Administrative Officer and the City Attorney, on the creation of a program that would provide a pathway to citizenship through City jobs, which seeks to support undocumented City employees through the naturalization process.” The Council adopted the Motion on August 25, 2020.
On October 1, 2020, the City’s Personnel Department submitted a Report to the City Council’s Personnel and Animal Welfare Committee entitled “Personnel Department’s Report Back Regarding Legal Right To Work.” The Report provides in part “[a]ll jobs within the City require an individual to have authorization to work in the United States. Under federal law, it is unlawful for an employer knowingly to hire an individual who is unauthorized to be employed in the United States, or to continue to employ that individual with the knowledge that his or her employment is unauthorized…The City is required, under federal law, to verify if an individual is authorized to work in the United States. Employers, including governmental bodies, must verify the identity and employment authorization for any non-citizen seeking employment in the United States when hiring or continuing to employ the individual…The City has no authority to eliminate the authorization requirement. It does not matter what position is being considered. Further, consistent with federal law, the Civil Service Rule 3.1 provides an applicant must have a legal right to work to be qualified for examination.”
On November 4, 2020, the City Council’s Personnel and Animal Welfare Committee considered the Report. The Personnel and Animal Welfare Committee’s Report provides “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to note and file the Personnel Department report. This matter is now submitted to Council for its consideration.”
Now, agenda item 27 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “[note] and [file] the October 1, 2020 Personnel Department report relative to creating a program that would provide a pathway to citizenship through City jobs.
2. Workers Who Could be Impacted: Undocumented Immigrants Interested in Becoming City of Los Angeles Employees
As discussed in more detail in a prior post on this site, a July 29, 2020, Motion introduced by Councilmember Gil Cedillo (1st District) called for “the Personnel Department [to] prepare a report with a list of City and County jobs that have a legal status requirement, in order to begin the conversation of how to hire for these jobs without consideration of an applicant’s legal status.” The Council adopted the Motion on August 25, 2020.
On September 28, 2020, the City’s Personnel Department submitted a Report to the City Council’s Personnel and Animal Welfare Committee entitled “Personnel Department’s Report Back Regarding Legal Right To Work.” The Report provides in part “[a]ll jobs within the City require an individual to have authorization to work in the United States. Under federal law, it is unlawful for an employer knowingly to hire an individual who is unauthorized to be employed in the United States, or to continue to employ that individual with the knowledge that his or her employment is unauthorized…The City is required, under federal law, to verify if an individual is authorized to work in the United States. Employers, including governmental bodies, must verify the identity and employment authorization for any non-citizen seeking employment in the United States when hiring or continuing to employ the individual…The City has no authority to eliminate the authorization requirement. It does not matter what position is being considered. Further, consistent with federal law, the Civil Service Rule 3.1 provides an applicant must have a legal right to work to be qualified for examination. The power of Naturalization is exclusively in Congress.”
On November 4, 2020, the City Council’s Personnel and Animal Welfare Committee considered the Report. The Personnel and Animal Welfare Committee’s Report provides “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to note and file the Personnel Department report. This matter is now submitted to Council for its consideration.”
Now, agenda item 29 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “[note] and [file] the September 28, 2020 Personnel Department report relative to City and County of Los Angeles jobs that have a legal status requirement.”
3. Workers Who Could Be Impacted: The Los Angeles Port Pilots Association, ILWU, Local 68
On October 28, 2020, the City Administrative Officer (CAO) sent a Report entitled “2017-2027 Amended Memorandum Of Understanding No. 26 For The Los Angeles Port Pilots Association, ILWU, Local 68” to the City Council. 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 Port Pilots Association bargaining unit to amend and extend the current MOU. The tentative agreement has been ratified by bargaining unit members.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.
On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provides in part, “[a]fter further consideration and having provided an opportunity for public comment, the Committee recommended approval of the amended 2017-27 MOU No. 26. This matter is now submitted to Council for its consideration.”
Now, agenda item 29 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] the amended 2017-27 MOU 26, attached to the Council file, for the Port Pilots Bargaining Unit represented by the Los Angeles Port Pilots Association. [and] 2. [authorize] the City Administrative Officer (CAO) and City Controller to correct any clerical or technical errors in the MOU.”
4. Workers Who Could Be Impacted: Los Angeles City Attorney Management Association
On October 19, 2020, the City Administrative Officer (CAO) sent a Report entitled “Amendment No. 1 To The 2019-2022 Memorandum Of Understanding For The Los Angeles City Attorney Management Association – Management Attorneys Unit” to the City Council. The Report provided in part “[i]n its meeting on February 14, 2020, the Executive Employee Relations Committee (EERC) approved to amend the 2019-2022 MOU for the Management Attorneys Unit…represented by the Los Angeles City Attorney Management Association, to reflect slightly higher benefits.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.
On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of Amendment No. 1. This matter is now submitted to Council for its consideration.”
Now, agenda item 33 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] Amendment No. 1. to the 2019-2022 MOU for the Los Angeles City Attorney Management Association, representing the MOU 32. [and] 2. [authorize] the Controller and the City Administrative Officer (CAO) to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”
5. Workers Who Could Be Impacted: Los Angeles Airport Police Supervisors Association (LAAPSA)
On October 19, 2020, the City Administrative Officer (CAO) sent a Report entitled “Amendment No. 1 2018-22 Memorandum of Understanding for The Los Angeles Airport Police Supervisors Association (LAAPSA) – Airport Supervisory Peace Officers Unit” to the City Council. The Report provided in part “[a]t its January 24, 2020, meeting the Executive Employee Relations Committee authorized two changes to [the] MOU…between the City and the Los Angeles Airport Police Supervisors Association…The first change addresses the Airfield Hazard Incentive for the Sergeants and Lieutenants at Airport Police and the second change addresses Municipal Police Sergeant Pay at the Los Angeles Police Department. These two changes will be codified into the attached amendment…to [the] MOU.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.
On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee recommended approval of Amendment No. 1 to the 2018-22 MOU No. 39. This matter is now submitted to Council for its consideration.”
Now, agenda item 34 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] Amendment No. 1 to the 2018-22 MOU 39 for the Airport Supervisory Peace Officers Unit represented by the Los Angeles Airport Police Supervisors Association. [and] 2. [authorize] the City Administrative Officer (CAO) and City Controller to correct any clerical or technical errors in the MOU.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.
6. Workers Who Could Be Impacted: City of LA Employees and Applicants Impacted by the 2020-2021 Hiring Freeze
On October 27, 2020, the City Administrative Officer (CAO) sent a Report entitled “2020-21 Unfreeze Resolution” to the City Council. The Report provided in part “the Los Angeles Administrative Code provides that vacated positions, other than those of Officers of the City as defined by the Charter, may not be filled without specific authorization by the City Council. Therefore, I have prepared and attached the 2020-21 Unfreeze Resolution, which will provide such authorization subject to the Citywide Hiring Freeze. The attachment identifies the positions authorized in the 2020-21 Budget that are required to remain vacant should the Hiring Freeze be lifted. This list consists of the positions for which the City Council and Mayor reduced funding or that they identified for deletion in order to fund other purposes and positions approved subsequent to the enactment of the 2020-21 Budget, but effective July 1,2020.” The Report then lists the 43 “[p]ositions not authorized for filling during Fiscal Year 2020-21.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.
On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee recommended approval of Amendment No. 1 to the 2018-22 MOU No. 39. This matter is now submitted to Council for its consideration.”
Now, agenda item 35 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “[adopt] the accompanying [Resolution] granting the filling of vacated positions for FY 2020-21 except for the positions detailed in number, code, and title in departments, bureaus, and offices as detailed in the Resolution.”
7. Workers Who Could Be Impacted: International Union of Operating Engineers, Local 501, AFL-CIO Confidential Attorneys Unit
On October 19, 2020, the City Administrative Officer (CAO) sent a Report entitled “Amendment No. 1 To The 2019-2022 Memorandum Of Understanding For The International Union Of Operating Engineers, Local 501 – Confidential Attorneys Unit” to the City Council. The Report provided in part “[i]n its meeting on February 14,2020, the Executive Employee Relations Committee (EERC) approved to amend the 2019-2022 MOU for the Confidential Attorneys Unit…represented by the I.U.O.E, Local 501, to reflect slightly higher benefits.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.
On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of Amendment No. 1. This matter is now submitted to Council for its consideration.”
Now, agenda item 36 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] Amendment No. 1. to the 2019-2022 MOU for the International Union of Operating Engineers (IUOE), Local 501, representing the Confidential Attorneys Unit (MOU 31). [and] 2. [authorize] the Controller and the City Administrative Officer (CAO) to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”
We hope these updates are helpful to you.
Fraternally,
SR Holguin, PC