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HomeMy WebLinkAboutClosed Session Q:ITY OF SAN BEICNARDINOo- MEMORANDUO To Honorable Mayor and Common Council Labor Relations Consultants From R. Schweitzer City Administrator Subject Date Approved Date During an Executive Session of the March 9, 1987 Council meeting, Council gave its approval for the formation of the Council Personnel Committee ad hoc Committee on a Contract Negotiator/Consultant. Present during the meeting of this group were myself, Phil Arviso, Councilman Reilly and M. J. Per1ick. Presentations were received from the following organizations/individuals: Lee Patterson and Coleman Walsh of Richards, Watson & Gershon Steve Fi1arsky of Fi1arsky & Watt Ed Kelly of Edward J. Kelly and Associates Of the 3 organizations, the committee recommends Richards, Watson & Gershon (Coleman Walsh) as best suited for the purpose of per- forming negotiations for the City of San Bernardino. Fi1arsky & Watt (Steve Fi1arsky) would be the second choice. The flat cost rate for both General Unit and Middle Management MOU's is an all-inclusive $13,500 for Richards, Watson & Gershon. Similar services could be obtained from Fi1arsky & Watt for a flat rate a11- inclusive cost of $12,000. However, the Committee recommends Richards, Watson & Gershon due to their extensive experience in working with Southern California cities, including outstanding recommendations from the cities of Anaheim, South E1 Monte and Long Beach. A copy of the Richards, Watson & Gershon proposal is attached. The committee requests that a resolution and contract be prepared at once for your approval. These documents will be placed on the Council agenda for April 6, 1987. enc elrY' Oil rHI~~ f'Ik.J. f2~_ _ . o o o o A PROPOSAL FROM RICHARDS, WATSON & GERSHON A Professional Corporation To The CITY OF SAN BERNARDINO MARCH 19, 1987 o o o. o OUTLINE OF PROPOSAL I. RICHARDS, WATSON & GERSHON'S APPROACH TO LABOR NEGOTIATIONS II. QUALIFICATIONS OF THE FIRM A. Description of the Firm B. Background of the Attorney C. Prior Experience of the Firm D. Partial List of Clients E. Scope of Services III. LABOR NEGOTIATIONS PROPOSAL IV. CONCLUSION -1- 870318 HI A035.CJW 0 - o o o o I. RICHARDS, WATSON & GERSHON'S APPROACH TO LABOR NEGOTIATIONS Richards, Watson & Gershon approaches municipal labor relations issues in a manner which sets it apart from other law firms and consultants. It is the philosophy of the Firm to recognize and resolve employee relations problems at the earliest possible time and at the lowest possible cost to the client. The Firm prides itself on providing practical and cost-efficient solutions to all labor relations problems. As we develop a nego- tiation strategy for the City of San Bernardino's specific needs and problems, we will be guided by the city's responsibility to maintain control of its workforce, exercise fiscal respon- sibility, and be responsive to the needs of its citizens. Our Firm believes that the client must always retain ultimate control over all negotiation decisions while we analyze the negotiation circumstances, present alternatives, and obtain the desired results at the bargaining table. We believe that few negotiators can examine a bargaining situation, determine the needs of the client, and develop a legal strategy to achieve the client's goals as effectively as Richards, Watson & Gershon. In providing our services, the Pirm always provides quick access to qualified and experienced attorneys and a back-up system for each attorney. In case of an emergency, an attorney familiar with your situation is always available who can provide -1- 870318 sa. A035.CJI/ 0 o o o o advice and guidance to the city. Telephone calls are either answered immediately or returned the morning or afternoon they are received. Meetings are scheduled at the convenience of the client. We do not believe that the negotiation process ends with the signing of the contract. At the conclusion of nego- tiations, we are usually asked to conduct a training session for all City managers and supervisors which will cover the changes made in the memorandum of understanding and the effects those changes will have on their jobs and the employees they super- vise. Each manager attending the training session receives a handbook detailing the results and impact of the negotiations. II. QUALIFICATIONS OF THE FIRM A. DescriDtion of the Firm Richards, Watson & Gershon is a firm of forty-five attorneys, with four attorneys specializing in the field of public sector labor relations. The firm provides full legal and labor relations services to more than fifty public agencies in California. B. Backqround of Chief Neqotiator The head of the Firm's Labor and Employment Relations Department is Lee T. Paterson, a graduate of UCLA -2- 870318 sa. A035.CJW 0 o o o o School of Law. Coleman J. Walsh, Jr. is the firm's Senior Labor Associate. Mr. Paterson and Mr. Walsh would provide the nego- tiation and legal services to the City. The biographies of Patterson and Walsh are attached. C. Prior Exoerience Richards, Watson & Gershon provides over fifty public agencies in California with complete labor relations services, ranging from periodic telephone advice to total labor relations representation, including negotiations and repre- sentation before administrative agencies and courts. D. Partial List of Clients City of Anaheim City of Avalon city of Carson City of Coachella city of Hanford city of Long Beach City of Rancho Palos Verdes City of Seal Beach City of South El Monte City of West Hollywood Los Angeles County Transportation Commission Leucadia Sanitation District Orange County Sanitation District -3- ll7Il31a _ A035.CJV 0 ...h.. L o o o o Midway Sanitation District Additional clients may be provided upon request. E. SCODe of Service - Labor Relations The Richards, Watson & Gershon Employment Law Department provides a full range of legal services in addition to acting as the City's negotiator. specific services which we provide include the following: * Serve as Chief Negotiator. * Representation at meet-and-negotiate planning and strategy sessions. * Analysis and costing of Employee Organization proposals. * Drafting of City proposals. * Representation at impasse proceedings. * Representation and implementation of strike planning strategies. * Advice and representation concerning grievances. -4- 870318 sa. A035.CJII 0 o o o o * Representation in all court proceedings. * Management training workshops. III. LABOR NEGOTIATIONS PROPOSAL We propose to provide all services as directed by the city Manager on the following basis: Flat Fee 1st Unit Each Additional Unit $8,500 $5,000 If the city wishes services may be provided on an hourly rate basis. IV. CONCLUSION City governments in California are currently facing challenges that were not even considered ten years ago. Public employers must be prepared to deal with employees who may now legally engage in strikes. other factors influencing municipal labor relations, which must be considered when a negotiation position is selected, include the increased sophistication of employee collective bargaining representatives, and the growing number of new State and Federal employment laws being applied to -5- 870318 ... A035.CJIl 0 o JIll ..L- IIIl. o o o municipal employees. All of these factors serve to accentuate the necessity of the city obtaining the best employee relations advice available. We believe that Richards, Watson & Gershon can provide the city of San Bernardino with the finest labor rela- tions representation in the State. -6- 870318 ... A035.CJI/ 0 - - -A o o o o LEE T. PATERSON LEE T. PATERSON is the senior labor partner in the law firm of Richards, Watson & Gershon, located in Los Angeles, California. He received his B.A. and B.S. degrees from Oregon State University and graduated from the University of California, Los Angeles Law School with the degree of Juris Doctor and was admitted to the bar in 1967. After graduation, Mr. Paterson entered the practice of law with the management labor law firm of Van de Water and Powell and within a year became a partner in the firm. In 1969, he formed his own labor law firm, Paterson & Taggart, which merged with Richards, Watson & Gershon in 1982. Mr. Paterson is past chairman of the Los Angeles Area Chamber of Commerce Personnel Management Committee. He is a member of the labor relations section and management member of the Committee on Practice and Policy of the American Bar Association, and a member of the Industrial Relations Research Association. His articles on arbitration, union organizing, and unfair labor practices have appeared in legal reviews and trade journals. Of five books published on labor relations for employers and public administrators, the most recent are The Public Administrator's Grievance Arbitration Handbook and Manaaement Guide to the Fair Labor Standards Act. -7- 870318 ... A035.CJII 0 IJ o o o o Mr. Paterson represents management exclusively in problems relating to the employer-employee relationship, including those problems concerning union organizing activities, collective bargaining agreement negotiations, equal employment opportunity, employment-at-will, wage-hour matters, disciplinary hearings, and all other matters concerning employers, unions and employees. He handles labor cases before the National Labor Relations Board, the Department of Labor, the Equal Employment Opportunity Commission, and all applicable state administrative agencies. -8- 870318 sa. A035.CJW 0 o o o o COLEMAN J. WALSH, JR. COLEMAN J. WALSH, JR. is the senior labor associate in the law firm of Richards, Watson & Gershon. Mr. Walsh is a 1977 graduate of Suffolk University Law school in Boston, Massachusetts, and Cornell University's Graduate School of Industrial and Labor Relations. Mr. Walsh represents public and private employers in all areas of employment law, including wrongful terminations, negotiations, strikes, arbitrations, personnel system design and implementation, supervisory training, preventive labor relations, wage and hour matters, and discri- mination complaints. Mr. Walsh has negotiated collective bar- gaining agreements with the American Federation of State, County, and Municipal Employees, Teamsters, OPEIU, Laborers, and Steel- workers, among others. He represents employers before all State and Federal courts and governmental agencies, including the Public Employment Relations Board, National Labor Relations Board, Equal Employment opportunity Commission, Department of Fair Employment and Housing, and California Division of Labor Standards Enforcement. Mr. Walsh is a frequent speaker before employer and trade associations. -9- 870318 _ A035.CJII 0