Wednesday, January 21, 2009

Join Local 261 Battles with Mayor's Office of Labor Standards Enforcement.

Brothers & Sisters:

Thank you to all of you who signed up to attend the SOTF February 2009, hearing today! So far, we will have over 55 members in attendence. We will continue to distribute flyers as AN INJURY TO ONE IS AN INJURY TO ALL!

Please note: All Union Members are requested to come to the SF Sunshine Ordinance Task Force Hearing at City Hall on February 10, 2008. Recently, the OLSE Manager, Donna Levitt (appointed by the Mayor) made a determination that "picked" the electricians over the Laborers' Union. The determination relates to the installation of conduit which is covered by both the Laborers' and the Electricians' private sector agreement.

The State of California refrains from making such determinations and instead traditional mechanisms for jurisdictional disputes are employed.

The Union has asked that Levitt provide anything and everything that she relies on in making such determinations (which includes her specific authority to do so!) OLSE has failed to provide any document which is reponsive to the Union's request. Because the OLSE is an enforcement Office and not a Legislative Office the Union position is that she should refrain from making such determinations in order to be consitent with the State of California.

SEC. 2A.23. OFFICE OF LABOR STANDARDS ENFORCEMENT.
(a) There is hereby created within the Department of Administrative Services an Office of Labor Standards Enforcement. The Office of Labor Standards Enforcement shall enforce the City's Minimum Wage Ordinance (Chapter 12R of the Administrative Code), Minimum Compensation Ordinance (Chapter 12P of the Administrative Code), Health Care Accountability Ordinance (Chapter 12Q of the Administrative Code), Prevailing Wage Ordinances, and shall carry out any additional duties and functions as assigned by Charter or ordinance. The Office of Labor Standards Enforcement may enforce the provisions of the California Labor Code to the extent permitted by State law. The Office of Labor Standards Enforcement may impose penalties and take any and all appropriate action to enforce the requirements of such provisions, including but not limited to those set forth in San Francisco Administrative Code Chapter 12R, to the extent permitted by State law.
(b) The Office shall be administered by the Labor Standards Enforcement Officer, who shall be appointed by, and shall serve at the pleasure of, the Mayor. In appointing the Labor Standards Enforcement Officer, the Mayor shall consider, among other relevant factors, the individual's experience enforcing labor standards, including prevailing wage requirements, and the diversity of San Francisco in the construction industry. The Labor Standards Enforcement Officer shall coordinate his or her activities with federal and state labor standards agencies.
(c) All City departments shall cooperate with the Labor Standards Enforcement Officer and his or her designees. The Labor Standards Enforcement Officer shall have the authority to subpoena the production of books, papers, records or other items relevant to investigations under the jurisdiction of the Office of Labor Standards Enforcement.
(Added by Ord. 5-06, File No. 051652, App. 1/20/2006; Ord. 205-06, File No. 060247, App. 7/25/2006)