06-18-2019 - Item 06 - Consideration of Agreement with Liebert Cassidy Whitmore for Legal Support For Labor RelationsAGENDA ITEM NO. 6
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE:June 18, 2019
TO:Mayor and City Council
FROM:David Carmany
Interim City Manager
SUBJECT:CONSIDERATION OF AGREEMENT WITH LIEBERT
CASSIDY WHITMORE FOR LEGAL SUPPORT FOR LABOR RELATIONS
RECOMMENDATION:
It is recommended that the City Council authorize the Interim City Manager to negotiate and execute
an agreement with Liebert Cassidy Whitmore for labor relations services.
BACKGROUND:
The City of West Covina has nine bargaining units, with four MOU's now expired and the other five
expiring June 30, 2019. Bargaining laws require that the parties negotiate in good faith over all
issues properly within the scope of bargaining. Such bargaining in good faith following known
basic principles is critical to negotiating a successful contract. Collective bargaining is a continuous
process in which representatives of government employers (management) meet with employee
representatives (the union) to jointly establish the terms and conditions of employment for members
of a bargaining unit. Decision-making authority is shared by the parties, who sign a legal and
binding contract. In "meet and confer", union and management representatives meet to discuss
terms and conditions of employment, but only management has final decision-making authority.
Preparation is the key to effective bargaining. Documents should be drafted carefully and
thoroughly. This report concerns one important member of the management bargaining team, the
labor lawyer.
DISCUSSION:
The City of West Covina has traditionally utilized the services of the contracted City Attorney's firm
for support with labor negotiations. However, the City retains the services of various other legal
firms for various employment and litigation issues to complement and collaborate with the City
Attorney's Office. The City Manager considered three qualified firms and recommends having
available the services of Liebert Cassidy Whitmore. The intention is to bring on a firm to focus
solely on labor negotiations and that by doing so to change the dynamic of the negotiations. By
using interest-based bargaining, management seeks win-win bargaining results in a contract
acceptable to both the union and management.
LEGAL REVIEW:
The City Attorney has reviewed and approved the attached agreement.
OPTIONS:
The City Council has the following options:
1.Approve staff's recommendation; or
2.Provide alternative direction.
Prepared by: Nikole Bresciani, Assistant City Manager/Public Services Director
Fiscal Impact
FISCAL IMPACT:
The current range of hourly rates for Attorney time is from Two Hundred Ten to Three Hundred
Seventy Dollars ($210.00 - $370.00), Two Hundred Thirty Dollars ($230.00) for time of Labor
Relations/HR Consultant and from Eighty to One Hundred Seventy Dollars ($80.00 - $170.00) for
time of paraprofessional and litigation support staff. Billed hours will be funded from the General
Fund.
Attachments
Attachment No. 1 - LCW Agreement