HomeMy WebLinkAboutReso 2021-181RESOLUTION NO. 2021-181
RESOLUTION OF THE COUNCIL OF THE CITY OF CHULA
VISTA IN SUPPORT OF HOUSE BILL 842, THE PROTECTING
THE RIGHT TO ORGANIZE ACT OF 2021
WHEREAS, on March 9, 2021, the United States House of Representatives voted 225-206
to pass H.R. 842, the Protecting the Right to Organize Act of 2021 (PRO Act); and
WHEREAS, as of March 11, 2021, the PRO Act was received in the United States Senate
and referred to the Committee on Health, Education, Labor, and Pensions; and
WHEREAS, the PRO Act expands various federal law labor protections related to
employees' rights to organize and collectively bargain in the workplace; and
WHEREAS, the PRO Act revises the definitions of employee, supervisor, and employer to
broaden the scope of individuals covered by the federal labor standards; and
WHEREAS, the PRO Act amends the federal National Labor Relations Act, which applies
directly to private sector employers and employees; and
WHEREAS, the PRO Act permits labor organizations to encourage participation of union
members in strikes initiated by private sector employees represented by a different labor
organization; and
WHEREAS, the PRO Act prohibits private sector employers from bringing claims against
unions that conduct such secondary strikes; and
WHEREAS, the PRO Act allows collective bargaining agreements to require all private
sector employees represented by the bargaining unit to contribute fees to the labor organization for
the cost of such representation, notwithstanding a state law to the contrary, and expands unfair
labor practices to include prohibitions against replacement of, or discrimination against, workers
who participate in strikes; and
WHEREAS, the PRO Act makes it an unfair labor practice under the NLRA to require or
coerce employees to attend employer meetings designed to discourage union membership and
prohibits employers from entering into agreements with employees under which employees waive
the right to pursue or a join collective or class-action litigation; and
WHEREAS, the PRO Act further prohibits employers under the NLRA from taking
adverse actions against an employee, including employees with management responsibilities, in
response to that employee participating in protected activities related to the enforcement of the
prohibitions against unfair labor practices; and
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Resolution No. 2021-181
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WHEREAS, the PRO Act addresses the procedures for union representation elections,
provides employees with the ability to vote in such elections remotely by telephone or the internet,
modifies the protections against unfair labor practices that result in serious economic harm, and
establishes penalties and permits injunctive relief against entities that fail to comply with National
Labor Relations Board orders; and
WHEREAS, the PRO Act is the most significant worker empowerment legislation since
the Great Depression, as it stands to give private sector workers a free and fair choice on whether
to form a union, ensure they can reach a first contract quickly after a union is recognized, end
private sector employers' practice of punishing striking workers by hiring permanent replacements,
and hold corporations accountable with real penalties for illegally retaliating against private sector
workers who organize; and
WHEREAS, the PRO Act will help make America's economy work for working people,
and help raise stagnant wages that have only increased a mere 9% from 1973 to 2013, while
productivity has increased 74% over that same time; and
WHEREAS, it is the Council's view that, through the expansion of collective bargaining
under the PRO Act, there will be increases in pay and protections for women, people of color,
immigrants, and the LGBTQ community in areas where existing non-discrimination laws are still
falling short; and
WHEREAS, it is the Council's view that a stronger labor force will create more economic
prosperity for City residents and positively impact the City's economy; and
WHEREAS, the Council recognizes that the City is a public agency employer under
California's Meyers-Milias-Brown Act (MMBA), with specific duties and obligations to the City's
recognized employee organizations; and
WHEREAS, by expressing its support for the PRO Act, the Council does not intend to take
a formal position, through this Resolution, on any City matter that may be subject to bargaining
under the MMBA now or in the future.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Chula Vista, that
the Council supports the principles in the PRO Act to give private sector workers appropriate
powers and protections in the workplace.
BE IT FURTHER RESOLVED, that the Council, for and on behalf of the people of Chula
Vista, urges members of the United States Senate to vote to approve the PRO Act.
BE IT FURTHER RESOLVED, that the Council, for and on behalf of the people of Chula
Vista, urges President Biden to sign into law the PRO Act, upon its passage and affirmative vote
by the United States Senate.
BE IT FURTHER RESOLVED, that the Council requests that the City Clerk transmit this
Resolution in support of the PRO Act to the Congressional Representatives for Chula Vista to
ensure this Resolution is received by the United States House, United States Senate, and by the
White House and made part of the official record of support for the PRO Act.
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Presented by Approved as to form by
Stephen C. Padilla Glen R. Googins
Councilmember City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of September 2021 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, Padilla, and Casillas Salas
NAYS: Councilmembers: McCann
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2021-181 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 14th day of September 2021.
Executed this 14th day of September 2021.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502