Local 1176

SAN FRANCISCO HOUSING AUTHORITY 440 Turk Street • San Francisco, CA • 94102 (415) 554-1287 • Facsimile (415) 554-1204

DATE:

January 28, 2010

TO:

SAN FRANCISCO HOUSING AUTHORITY COMMISSION

Presented by: Phyllis Moore-Lewis, Human Resources Manager

SUBJECT:

RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO HOUSING AUTHORITY AND THE INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES, DISTRICT COUNCIL 16, LOCAL NUMBER 1176 (“PAINTERS”).

OVERVIEW Under the provisions of the Government Code Sections 3500 et seq. (Meyers-Milias-Brown Act), bargaining representatives of the San Francisco Housing Authority (SFHA) and the International Union of Painters & Allied Trades, District Council 16, Local Number 1176 (“Painters”) met on several occasions and tentatively agreed to enter into a Memorandum of Understanding (MOU), continuing a direct collective bargaining relationship between the parties.

BACKGROUND Until present, there were two different labor agreements covering the painters and tapers, one for those employed in the Maintenance Division and a Master Agreement covering Force Account employees. The terms of the Master Agreement were geared towards private sector contractors and not public agencies, resulting in several provisions that failed to serve the needs of our agency.

For instance, under the Master Agreement, some individuals made claims for reimbursement of bridge tolls that were a result of where the employee chose to live, since we do not perform work outside of San Francisco. Additionally, when we had a certain number of journey-level painters, we were required to have a specific number of forepersons, regardless of the agency’s needs for supervisors.

OBJECTIVE The MOU provides the collective bargaining framework for the continued relationship between SFHA and the Painters Unions in District Council 16. The MOU covers approximately twentyfive (25) employees at present, fifteen (15) who work in the Maintenance Division and ten (10)

SAN FRANCISCO HOUSING AUTHORITY 440 Turk Street • San Francisco, CA • 94102 (415) 554-1287 • Facsimile (415) 554-1204

who are in Force Accounts. It ensures that the terms and conditions of employment, including compensation and fringe benefits, are clear for both labor and management.

KEY PROVISIONS 1.

The former Master Agreement, which applied to the Force Account employees, primarily governed a group of private contractors who joined together for mutual aid when bargaining with the International Union of Painters & Allied Trades, District Council 16. This meant that some of the provisions were either overly restrictive or not in the best interest of a public entity, such as the Housing Authority. Achieving a direct collective bargaining relationship by having all Housing Authority employees covered by one MOU is a tremendous accomplishment.

2.

Management successfully negotiated for a wage freeze through December 31, 2010 and fringe benefits were capped for all employees in the Maintenance Division. Some conditions for Force Account employees remain tied to the Master Agreement, including compensation and fringe benefits.

3.

SFHA was able to eliminate any payments of double the regular rate for overtime hours completed (a) in excess of 12 hours on weekdays; (b) in excess of 8 hours on Saturdays and Black Fridays; and, (c) on Sundays and all holidays. Overtime compensation was capped at time and a half for all employees in the Maintenance Division.

4.

Should a fiscally-driven layoff become necessary, the current MOU required employees be laid off in reverse seniority order, but only examined the time an individual worked in the Maintenance program. The successor MOU accounts for employees’ total time employed by the agency, regardless of in what division they served.

5.

The Painters will now work five (5) days each week, an increase of eight (8) hours per payperiod.

WHO BENEFITS SFHA benefits by having a labor agreement through September 30, 2012, ensuring continuity of work performed. Given the increase in work hours, from 72 hours per payperiod to 80, SFHA residents will be able to receive more service when painting issues arise.

In exchange for no increase in wages for nearly one year, the parties negotiated layoff protection provisions that provide certainty to a majority of the Maintenance workers in these rough economic times.

BUDGET CONSIDERATIONS The anticipated costs resulting from this MOU will be appropriated in the SFHA budget beginning FY 2010. The MOU’s key provisions, as noted above, should result in a cost savings

from (1) not incurring the double time rate when overtime is worked and (2) freezing wages through December 31, 2010 and capping fringe benefits for all painters in the Maintenance Division.

DEPARTMENT’S REQUESTED ACTION Staff recommends adoption of the resolution.

EXECUTIVE DIRECTOR’S RECOMMENDATION I concur with the requested action.

RESOLUTION NO. _________________ DATE ADOPTED ___________________

RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO HOUSING AUTHORITY AND THE INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES, DISTRICT COUNCIL 16, LOCAL NUMBER 1176 (“PAINTERS”).

WHEREAS, the San Francisco Housing Authority (“Housing Authority”) and the International Union of Painters & Allied Trades, District Council 16, Local Number 1176 (“Painters”), have reached agreement on issues related to the compensation and certain terms and conditions of employment for unit members, pursuant to Government Code Sections 3500 et seq. (MeyersMilias-Brown Act); and WHEREAS, all costs associated with the execution of the aforementioned Memorandum of Understanding will be cost allocated as appropriate and in accordance with Federal Regulations to the various funding sources of the Housing Authority; NOW THEREFORE, BE IT RESOLVED THAT: 1. The Executive Director is hereby authorized to execute a Memorandum of Understanding between the SFHA and the International Union of Painters & Allied Trades, District Council 16, Local Number 1176, from October 1, 2009 until September 30, 2012.

2. This Resolution becomes effective immediately.

APPROVED AS TO FORM

REVIEWED BY:

& LEGALITY: _____________________________

_____________________________

Tim Larsen,

Henry A. Alvarez, III,

Assistant General Counsel

Executive Director