TITLE
Recommendation to authorize the City of Long Beach to sign an Amicus Brief in support of the American Federation of State, County and Municipal Employees, Council 31 in the matter of Janus v. American Federation of State, County, and Municipal Employees, Council 31 (United States Supreme Court).
DISCUSSION
For decades, unions and governmental employers have had the right to negotiate union security provisions that require public employees who decline union membership to pay a fair share fee that covers their pro rata cost of union representation, while excluding the cost of a union's political expenditures.
This year the US Supreme Court will hear a case that could overturn this long term practice. The case, Janus v. AFSCME Council 31, is like a recent case, Friedrichs v. CT A, where the Court could not reach a majority opinion following Justice Antonin Scalia's death.
Public employers should have the flexibility and authority to manage their workforce, and the First Amendment should not conflict with governmental employers' managerial prerogative.
A robust system of collective bargaining, founded on mutual employee, employer, and union investment in the form of fair share fees, has worked well in Long Beach and should be preserved.
State governments, attorneys general, cities, counties, and elected officials from across the political spectrum are working to protect this precedent for autonomy of local management. The City of Long Beach should join this effort.
FISCAL IMPACT
Staff time to coordinate with outside counsel who is preparing brief.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
MAYOR ROBERT GARCIA
LENA GONZALEZ
COUNCILWOMAN, FIRST DISTRICT
DEE ANDREWS
COUNCILMAN, SIXTH DISTRICT
ROBERTO URANGA
COUNCILMEMBER, SEVENTH DISTRICT
REX RICHARDSON
VICE MAYOR, NINTH DISTRICT