Fremont City Council Meeting: 03/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5390) DOC ID: 5390
Updated: 3/13/2025 3:05 PM by Dina Lewis Page 1
COUNCIL POLICY - Consider a Resolution to Adopt the 2025 Labor Negotiation Guidelines for the Upcoming 2025 Collective Bargaining Process Contact Persons:
Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Div/Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]
Executive Summary: In preparation for the 2025 labor negotiations cycle, the City Council wishes to reconsider and adopt the Labor Negotiations Guidelines (Guidelines) that were originally adopted by the City Council in 2011. The objective of the Guidelines is to ensure that the City’s labor negotiations are conducted fairly, transparently and in a legally compliant manner. As such, the Guidelines aim to ensure that negotiations are conducted in good faith and to avert actions that could undermine the City’s designated bargaining team.
Upon adoption, the Guidelines will reaffirm the process and expectations of the City Council and City staff with respect to the collective bargaining process for 2025.
BACKGROUND: The collective bargaining process is governed by the Meyers-Milias-Brown Act (MMBA) and the City’s Employer-Employee Relations Rules and Regulations (Resolution No. 9697). Resolution No. 9697 delegates the authority to negotiate labor contracts on behalf of the City to the City Manager or the City Manager’s designee. It is in the best interest of both the City and the bargaining units that negotiations occur directly at the bargaining table between designated representatives. Both parties are legally required to negotiate in good faith.
The City of Fremont currently has agreements with nine bargaining units. All nine Memoranda of Understanding (MOUs) with these bargaining units will expire at the end of the current Fiscal Year on June 30, 2025. In preparation for the upcoming successor MOU negotiations, the City Council seeks to re-affirm its commitment to the guiding principles that were established in the 2011 Labor Negotiation Guidelines (Guidelines). These guiding principles comply with the legal framework under which labor negotiations are conducted in the State of California and align with the Council’s objective to assure the integrity and fairness of the bargaining process.
DISCUSSION/ANALYSIS: The goal of the Guidelines is to promote a good faith, fair, and efficient collective bargaining process. The City Council’s commitment to adhere to these Guidelines will avoid actions that might circumvent or undermine the negotiation process.
The key principles of the 2011 guidelines, which are reaffirmed in the proposed 2025 version of the Guidelines, are as follows:
• Designated Representatives: All labor negotiations will be conducted by designated representatives at the bargaining table. All City representatives operate upon direction of the City Council.
Council Staff Report (ID # 5390) Meeting of March 18, 2025 Updated: 3/13/2025 3:05 PM by Dina Lewis Page 2
• No Individual Negotiations: No individual Council member will individually negotiate with any bargaining group member.
• Transparency and Communication: City representatives commit to keeping the Council fully informed and advising them of all substantive proposals.
• Disclosure of Communications: Each Council member shall inform the City Manager of and publicly disclose in open session prior to the start of each closed session relating to labor negotiations any communications he or she may have had with any City bargaining group member(s) that has any reference to the negotiations.
• Confidentiality of Closed Sessions: Consistent with Government Code section 54963, confidentiality of closed session discussions will be maintained.
By adopting these Guidelines for the current bargaining cycle, the City Council affirms its commitment to the guiding principles described above and to transparency, fairness and adherence to legal and procedural requirements throughout the labor negotiation process.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The proposed action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5), and it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment as specified in CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• Council Policy Labor Relations Guidelines 2025
• Draft Resolution, Labor Negotiation Guidelines 2025
RECOMMENDATION: Adopt a resolution adopting the 2025 Labor Negotiation Guidelines for the upcoming 2025 collective bargaining process.