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File Number: 18-317 <br />California’s Educational Employment Relations Act (“EERA”) requires payment of agency fees as <br />a condition of employment. Employers covered by the Meyers-Milias-Brown Act (“MMBA”) may <br />negotiate agency fee provisions or employees may establish them via an election. <br />If the Court rules that agency fee requirements violate the First Amendment, the provisions of the <br />MMBA and EERA that provide for them will no longer be valid. The precise effect on <br />Memorandum of Understanding (MOU) agency fee provisions will depend on the language of the <br />decision. <br />Based on the Justices’ votes in prior cases and their comments and questions during oral <br />argument, the Court is expected by some observers to rule that agency fee requirements do <br />violate the First Amendment. If that happens, public agencies may need to react quickly to <br />achieve compliance. San Leandro’s Human Resources Division has already begun preparations <br />including outreach to potentially impacted bargaining groups. <br />In the meantime, the attached resolution affirms the City’s commitment to the rights of public <br />sector employees to fair compensation and working conditions, as well as their right to <br />collectively bargain. Further, the resolution affirms the City Council’s acknowledgement of the <br />value of public sector employees in providing a high quality of life for the entire community. <br />ATTACHMENT(S) <br />None <br />PREPARED BY: Jeff Kay, Assistant City Manager <br />Page 2 City of San Leandro Printed on 7/10/2018