Report Prepared by: Suzanne Fierro, Human Resources Manager
Title
SUBJECT: Approval of Agreement for Labor Relations Consulting, Labor Contract Negotiations and Employee Related Legal Services with the Law Firm of Liebert Cassidy Whitmore in the not to Exceed Amount of $100,000
REPORT IN BRIEF
Considers approving an agreement for labor relations consulting, labor contract negotiations and employee related legal services with the firm of Liebert Cassidy Whitmore.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an agreement for professional services with the law firm of Liebert Cassidy Whitmore for labor relations consulting, labor contract negotiations, and employee related matters; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents.
Body
ALTERNATIVES
1. Approve as recommended by staff; or,
2. Approve, subject to modification as conditioned by City Council; or,
3. Refer to staff for consideration for specific items; or,
4. Deny.
AUTHORITY
Charter of the City of Merced, Section 200 et. Seq.
Merced Municipal Code Section 3.04
CITY COUNCIL PRIORITIES
As provided in the 2023-2024 adopted budget.
DISCUSSION
The City has five bargaining units and four unrepresented groups. At the end of December 2023, two bargaining units will have expiring labor agreements. Two additional bargaining units, along with the unrepresented groups have agreements set to expire at the end of June 2024. The City has used the services of outside legal counsel for labor relations for the past 12 years. This is common practice used by other public agencies as well. In addition, the City and the bargaining processes will benefit from having the specialized legal expertise offered by a firm that focuses on relations and labor negotiations to address complex legal issues such as employee benefits, compensation, pensions and other issues that are likely to arise during the bargaining processes.
The Human Resources Department distributed a Request for Proposal for Labor Relations Services to 10 firms, as well as poste the Request for Proposal on the City’s website. Responses were received from six firms. All responses were evaluated, and four firms were invited to interview. The firms that participated in the interviews were: 1) Atkinson, Andelson, Loya, Ruud & Romo; 2) Industrial Employers and Distributors Association; 3) Jackson Lewis; and 4) Liebert Cassidy Whitmore. The City selected Liebert Cassidy Whitmore for the following reasons.
The City has used Liebert Cassidy Whitmore (LCW) for labor negotiations, and other employment related matters in the past. When LCW was previously utilized, the City generally completed negotiations in a timely manner without being subject to fact-finding or unfair labor practice charges. With the current landscape of labor relations issues, it is important to have an expert legal resource at the table with City who can communicate with City Council on labor negotiations issues. Accordingly, for the reasons stated above and for the continuity of knowledge for the bargaining processes, Staff recommends contracting with Liebert Cassidy Whitmore for labor relations legal services.
IMPACT ON CITY RESOURCES
Funding is available within the Fiscal Year 2023-24 adopted budget. No additional appropriation is needed.
ATTACHMENTS
1. LCW Agreement