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 September 1, 2021 Los Angeles City Council meeting agenda. There are three items in particular that could impact you.
1. Workers Who Could be Impacted: Los Angeles Department of Water and Power Employees and Contractors
On August 4, 2021, a Motion was introduced by Councilmembers Mitch O’Farrell (13th District) and Paul Krekorian (2nd District), and seconded by Councilmember Curren Price (9th District).
The Motion provided in part, the “Department of Water and Power (DWP) is the largest municipally owned utility in the nation, with over 9,000 employees… A workforce and hiring plan should be created to prioritize the utilization of the LADWP workforce, by incorporating strong workforce standards for all aspects of project construction and maintenance envisioned within the LA100 study. This plan should guarantee the payment of prevailing wage, the inclusion of project-labor agreements, and policies which incorporate targeted hiring requirements from disadvantaged communities across the City…
Whichever path the City selects, over 9,500 jobs will be created as the City implements the LA100 study goals on energy generation, storage, transmission and reliable infrastructure. Existing partnerships between DWP and labor partners such as the Utility Pre-Craft Trainee (UPCT) program could be used as models for the DWP to consider, as it reports on the workforce hiring needs required to reach the goals of the LA100 study. A partnership with the International Brotherhood of Electrical Workers Local 18 (IBEW) program has provided on-the-job training and a pathway to permanent employment in the DWP to Los Angeles County residents. In addition to on the job training, the UPCT Program provides trainees with classroom training, civil service test preparation, and mentorship opportunities. Building on this and other programs, the DWP should work with the Personnel Department, CAO and CLA to report on a hiring plan that builds upon the work currently being done.”
Therefore, the Motion calls for “the Department of Water and Power, with the assistance of the Personnel Department, City Administrative Officer, Chief Legislative Analyst, and labor partners, create a long term hiring and workforce plan that coincides with a pathway identified in the LA100 study, which focuses on ensuring project labor agreements, prevailing wage and targeted hiring requirements, and increases hiring from city neighborhoods in environmentally and economically disadvantaged communities. The plan should include the Department of Water and Power and contractor workforce that builds and maintains solar, wind, storage, transmission, and all other aspects needed to accomplish the LA100 clean energy grid goals.”
On August 19, 2021, the City Council’s Energy, Climate Change, Environmental Justice, and River Committee considered the Motion. The Committee’s Report provided in part, “[a]fter providing an opportunity for public comment, the Committee moved to approve the recommendation reflected above. This matter is now forwarded to the Council for its consideration.”
Now, agenda item 28 of the September 1, 2021 Los Angeles City Council meeting calls for the Council to consider the Motion.
2. Workers Who Could be Impacted: City Of LA Non-Represented Civilian Full-Time, Half-Time, and Intermittent Employees
As discussed in a prior post, on February 24, 2021 the Council voted to approve a Paid Parental Time (PPT) Pilot Program for all non-DWP, civilian City employees comprised of 6 weeks (up to 240 hours) of 100% paid time, birthing and non-birthing parents eligible, from January 1, 2021, through June 30, 2025.
On June 11, 2021, the City Attorney sent a Report to the Council regarding the PPT Pilot Program Ordinance. The Report provided in part, “the enclosed draft ordinance…would amend Subdivision 1 of Subsection (i) of Section 4.129 of the Los Angeles Administrative Code pertaining to the paid parental time pilot program under the City’s family and medical leave benefit for non-represented employees to clarify the applicability of paid parental time for part-time employees.”
On June 30, 2021, the City Administrative Officer sent a Report to the Council regarding the PPT Pilot Program Ordinance. The Report provided in part, “[t]he ordinance submitted herein, which amends Subsection (i) of Los Angeles Administrative Code Section 4.129, clarifies the applicability of the Paid Parental Time pilot program to eligible part-time employees under the City’s Family and Medical Leave program for non-represented employees. As such, the language has been revised to reflect that non- represented civilian full-time, half-time, and intermittent, employees who experience a qualifying event are provided up to 240 hours of 100% paid time off for pregnancy disability and/or to bond with their new child during Family and Medical Leave.”
Therefore, the Report recommended “1. That the City Council, subject to the approval of the Mayor, adopt the attached ordinance, approved as to form and legality by the City Attorney, amending Subsection (i) of Los Angeles Administrative Code Section 4.129 to clarify the applicability of the Paid Parental Time pilot program to part-time, non-represented employees eligible for Family and Medical Leave; 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 August 4, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the draft ordinance. 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.”
On August 9, 20212, the City Council’s “Budget and Finance Committee also considered this matter and after having provided an opportunity for public comment, moved to concur with the [Council’s Personnel, Audits, and Animal Welfare] Committee. This matter is now submitted to Council for its consideration.”
Now, agenda item 34 of the September 1, 2021 Los Angeles City Council meeting calls for the Council to consider the draft ordinance.
3. Workers Who Could be Impacted: City of LA Employees
On August 9, 2021, the City’s Personnel Department sent a Report to the Council entitled “Plan Year 2022 LAwell Civilian Benefits Program (LAwell Program) (Amended Report).” The Report provided in part, “[t]he Personnel Department administers the City’s LAwell Program for active City civilian employees and their qualified dependents in conjunction with the City’s Joint Labor Management Benefits Committee (JLMBC). The JLMBC is composed of five management and five labor representatives. The JLMBC was created…for the purpose of determining what plans were to be included in the benefits program, defining the structure of benefit plans, and recommending service providers to the General Manager Personnel Department. Currently, the LAwell Program covers approximately 26,000 employees and 32,000 dependents…
[T]he Los Angeles Administrative Code provides that the City Council authorize suitable employee benefit programs as recommended by the JLMBC and maintained by the Personnel Department. At its meeting on July 15, 2021, the JLMBC recommended adoption of the LAwell Program for Plan Year 2022. The purpose of this transmittal is to request that the City Council approve the JLMBC’s recommendation…In 2022, premium costs for the Kaiser plan will increase slightly, while premium costs for the Anthem plans will decrease. Outside of a small increase for the Employee and Family Assistance Program (EFAP), all other benefit provider premiums and rates are unchanged in 2022 compared to 2021 premiums and rates…
The LAwell Program contains a diverse array of benefit plans with multiple vendors providing benefit plans, wellness services, administrative services, consulting services, and federally required compliance services. The City’s diverse range of services creates opportunities for employees to customize their benefit needs in support of the health and well-being of themselves and their dependents.”
Therefore, the Report recommends “[t]hat the Council: 1. Approve the 2022 LAwell Civilian Benefits Program (LAwell Program) including the employee benefit plans, benefit plan premiums and rates, and program design features embodied therein; and, 2. Receive and file the Personnel Department transmittal dated July 20, 2021, relative to a request to approve the 2022 LAwell Program along with two recommendations for contract extensions with LAwell Program health plan providers Kaiser and Anthem, inasmuch as the requested actions are replaced by the first recommendation in this report dated August 9, 2021.”
On August 18, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part, “[a]fter consideration, the Committee Chair moved to recommend approval of the recommendations contained in the August 9, 2021 Personnel Department report and detailed in the above recommendations. This matter is now submitted to Council for its consideration.”
Now, agenda item 42 of the September 1, 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