Item 12 (Cultural Arts contracts)

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Ann Kitchen
Posts: 294
Joined: Fri Jan 09, 2015 4:04 pm

Item 12 (Cultural Arts contracts)

Post by Ann Kitchen »

All

CM Casar and I understand that you may be receiving emails regarding Item #12 Cultural Arts contracts, which are not accurate with regard to the current amendment language.

The contract language CM Casar and I are proposing does one simple thing – asks the contractor to “make best efforts to negotiate in good faith. . .an agreement that establishes the terms under which the contractor and labor organization will cooperate”. Two weeks ago the Council passed a resolution that directed contract language that carries out the city’s values - cooperation between the contractor and its employees. This is the language that carries out the Council’s direction.

This language DOES NOT APPLY to arts organizations that already have collective bargaining agreements with labor organizations because these organizations have already met this value (See paragraph C)

CM Casar and I have met with arts organizations and have made changes to respond to requests for more time before impacting this cycle’s funding by:
1. There is no impact on current funding – failure to comply is not a breach of this agreement but instead is considered in evaluating applications for future funding (See last sentence in paragraph D)
2. The Contractor(s) will be part of the discussion before the next funding cycle related to labor-management cooperation criteria / standards (see paragraph E)

We believe this language fairly takes care of the concerns we have heard, while making the city’s interests and values clear when city property and funding is involved.

Here’s the proposed language:

Employer-Employee Relations.

A. Contractor acknowledges and understands labor-management cooperation on matters such as productivity, quality of work, safety, and health are important community values to the City, as a market participant, whenever City property is used. Contractor understands that federal law protects the rights of its employees working under this Agreement to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for purposes of collective bargaining or for other mutual aid or protection.

B. As essential consideration for the City to enter into this Agreement, Contractor agrees to comply with all federal labor laws concerning the protection of these employee rights. Any final finding by a National Labor Relations Board administrative law judge and, if applicable, affirmed by the federal court of appeals of an unfair labor practice committed by the Contractor involving employees performing work under this Agreement shall constitute a breach of this Agreement and the City may seek all remedies against the Contractor as provided for in this Agreement.

C. Subsection D of this section 17 does not apply to a Contractor that has entered into a valid collective bargaining agreement with any labor organization or is in the process of negotiating a collective bargaining agreement with any labor organization on the effective date of this Agreement.

D. Contractor further agrees that to support the city’s labor-management cooperation values it shall make best efforts to negotiate in good faith an agreement with any requesting labor organization which represents or reasonably might represent employees working under this Agreement, enter into a labor peace agreement with such organization which provides that during the term of this Agreement which establishes the terms under which the contractor and labor organization will cooperate, to include:

(1) The Contractor shall maintain a neutral posture with respect to efforts by the labor organization to represent employees;

(2) The labor organization shall not engage in any strike, boycott, interference with employees, or other economic interference concerning the activities under this Agreement in connection with the labor organization’s efforts to represent employees; and

(3) The Contractor waives its right to require a National Labor Relations Board election to determine whether the labor organization shall be the bargaining representative of its employees working under this Agreement, and agrees to recognize the labor organization as its employees’ bargaining representative if a majority of such employees designate the labor organization as their bargaining representative using the card-check method of designation.

Failure to comply with subsection D above shall not constitute a breach of this Agreement but shall be considered in evaluating applications for future cultural arts funding agreements.

E. Contractor agrees to work with the City to develop labor standards and criteria to use for evaluation of eligibility for the next funding cycle.
Ann Kitchen
Council Member District 5