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City of San Leandro <br />Meeting Date: July 16, 2018 <br />Staff Report <br />Agenda Section:File Number:18-317 CONSENT CALENDAR <br />Agenda Number:8.K. <br />TO:City Council <br />FROM:Jeff Kay <br />Acting City Manager <br />BY:Jeff Kay <br />Acting City Manager <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for a Resolution of the City Council of the City of San Leandro <br />Affirming the City’s Continued Cooperation with the Public Sector Unions in the <br />City of San Leandro to Ensure their Health and Success; and Supporting the <br />Freedom of City of San Leandro Employees to Collectively Bargain After a <br />United States Supreme Court Decision in Janus v. AFSCME <br />SUMMARY AND RECOMMENDATIONS <br />Staff recommends that the City Council review and consider adoption of the attached resolution, <br />affirming support for public sector unions and City employees in response to an anticipated ruling <br />by the U.S. Supreme Court in Janus v. AFSCME. <br />BACKGROUND AND ANALYSIS <br />At the May 21, 2018 City Council meeting, the City Council directed staff to bring forward a <br />resolution affirming support for City workers and unions in the face of an anticipated ruling in <br />Janus v. AFSCME. <br />At the time of writing of this staff report, this case is currently pending before the United States <br />Supreme Court and a decision is anticipated soon. The case involves a challenge to the Illinois <br />Public Labor Relations Act, which, like laws in California and 32 other states, requires public <br />employees represented by unions to pay an “agency fee” to the union if an employee does not <br />wish to pay full dues. The plaintiff contends that the agency fee requirement amounts to <br />“compelled speech” in violation of the First Amendment. <br />A 1977 Supreme Court case, Abood v. Detroit Board of Education, gave public employees <br />represented by a union the right to opt-out of paying full dues, but upheld the legality of requiring <br />them to pay an “agency fee,” sometimes referred to as a “fair share” fee. That fee is an amount <br />calculated to cover the costs of representation. It does not include the costs of political activities. <br />Page 1 City of San Leandro Printed on 7/10/2018