International Courant
Los Angeles Metropolis Council members Hugo Soto-Martínez and Nithya Raman sat cross-legged in the midst of Century Boulevard final month and helped block automobiles from reaching Los Angeles Worldwide Airport in a present of solidarity with the area’s resort staff.
That demonstration – and the next arrest of Soto-Martínez, Raman and almost 200 others – made headlines for apparent causes. Zippers and police dealing with apart, the presence of the 2 councilors was not stunning.
In latest months, a spread of federal, state and native politicians — together with a number of members of town council — have walked on picket strains or supplied assist not solely to Unite Right here Native 11, the resort staff’ union, but additionally to TV and movie writers who’ve come out. studios and college personnel marched outdoors the Los Angeles Unified campuses.
But in latest weeks, attorneys with Los Angeles Metropolis Atty. Hydee Feldstein Soto’s workplace has quietly begun advising town’s elected officers to not become involved in labor disputes as a result of such exercise might result in authorized motion towards town.
In a July 3 confidential memo, a duplicate of which was reviewed by The Instances, Feldstein Soto’s crew warned elected leaders that if they seem on picket strains or be part of protesters, they might should abstain from voting on a associated situation sooner or later.
“Participation in such actions by a number of members might have an effect on the council’s capability to satisfy the quorum on issues involving the union or the employers and will expose town to legal responsibility,” the memo mentioned.
That recommendation threatens to throw a moist blanket on LA’s scorching labor summer season, which has seen a collection of strikes and labor actions within the hospitality and leisure industries. The memo additionally goes towards many years of pro-union activism in Los Angeles, a deep-blue metropolis the place organized labor and municipal politics are inextricably intertwined.
LA’s politicians have over time proven their assist for lecturers, janitors, longshoremen and a bunch of different unionized professions. Councilor Kevin de León, who was requested in regards to the memo final week, mentioned he has no intention of relinquishing his proper to free speech and meeting.
De León, who ran for mayor final 12 months with greater than $430,000 in assist from Unite Right here Native 11, mentioned he intends to stay outspoken about staff’ calls for for honest wages, even when they’re on strike.
“Authorized opinions don’t diminish the constitutional rights of elected officers who use their votes to defend the struggles of resort workers or Hollywood writers of their combat for dignity and respect,” he mentioned in an announcement.
Kurt Petersen, co-president of Unite Right here Native 11, had a fair stronger response, saying the memo “is predicated on an excessive and unsupported mischaracterization of federal labor regulation.”
“There’s nothing inappropriate about metropolis officers exercising their particular person constitutional freedom of speech to align with or present assist for staff on the picket strains,” he mentioned in an announcement.
Soto-Martínez, a former organizer of Unite Right here, supplied a extra diplomatic evaluation, saying he appreciates the recommendation of town legal professional and can use it to “weigh the professionals and cons” of any motion he takes. undertake sooner or later.
“I’ve labored for Angelenos all my life, that is why I used to be chosen. I’ll do what I can to ensure they’re handled pretty,” he mentioned in an announcement. “If there’s a problem which may warrant a problem, I am going to seek the advice of with town legal professional and go from there.”
A spokeswoman for Raman mentioned her boss was not accessible to debate the memo.
Neither Feldstein Soto nor her spokesperson responded to requests for remark from The Instances.
Within the memo, town legal professional’s authorized crew mentioned it issued its recommendation in response to questions from elected officers about protests in assist of Unite Right here. The legal professionals acknowledged that these officers, of their capability as people, nonetheless retain their “constitutional rights of speech and meeting and are free to train these rights in peaceable union protests.”
The legal professionals instructed that councilors showing at protests over contract disputes make it clear that they’re talking in their very own capability, not as elected officers, to keep away from considerations about “bias and impartiality”. In addition they instructed that city-elected officers who seem on picket strains achieve this as a authorized observer, not a participant, and don’t put on clothes bearing town’s seal.
Legal professionals for Feldstein Soto mentioned a lot of their concern is predicated on a federal regulation that prohibits town from utilizing “financial strain or regulatory powers” to intrude in union disputes. They get Golden State Transit Corp. vs. Metropolis of Los Angeles, a significant case that made it to the U.S. Supreme Court docket twice, stemming from actions taken by town throughout a labor dispute greater than 40 years in the past.
The saga started in 1981, when town intervened on behalf of a Teamsters chapter in a strike towards Yellow Cab Co., then town’s largest taxi firm. On the behest of the Teamsters, town voted to dam the renewal of Yellow Cab’s franchise over the dispute.
The taxi firm subsequently went bankrupt and Golden State Transit Corp., Yellow Cab’s father or mother firm, sued town.
The Supreme Court docket twice dominated in favor of the corporate, concluding that town improperly interfered in a labor dispute and later dominated that town was responsible for damages.
The Golden State Transit selections are groundbreaking labor regulation pursuits and the case has value town tens of millions. Nonetheless, a number of authorized consultants mentioned they do not imagine it impacts the forms of actions assessed by Feldstein Soto.
William B. Gould IV, a professor emeritus at Stanford Legislation College, mentioned he sees no purpose why town’s elected officers ought to be discouraged from becoming a member of picket strains throughout a labor dispute. The Golden State Transit’s precedent centered on a “authorities resolution, not a speech,” mentioned Gould, a former chairman of the Nationwide Labor Relations Board.
Erwin Chemerinsky, dean of the UC Berkeley College of Legislation, additionally drew a pointy divide between the board’s 1981 vote to dam renewal of the Yellow Cab franchise and demonstrations of assist for resort staff or Hollywood screenwriters.
“There’s a enormous distinction between town, as an entity, taking the coercive motion to not renew a contract, and particular person metropolis officers expressing their views,” he mentioned in an e-mail.
Former Los Angeles Metropolis Atty. Carmen Trutanich mentioned he offered no such steering throughout his tenure between 2009 and 2013.
“If no one does something silly on the picket strains, I do not see an issue with it,” he mentioned. “However everybody defines silly otherwise.”
Feldstein Soto’s memo offered one more reason for metropolis leaders to chorus from taking part in Unite Right here protests: Town has a contract with a union resort — the LA Grand in downtown Los Angeles, which is getting used as short-term housing for the homeless towards a value of almost $4,700 per room monthly.
The LA Grand might argue that protesting with Unite Right here Native 11 staff is proof of bias towards the resort or “improper interference with the resort’s contractual rights,” the memo mentioned.
Catherine Fisk, college director of the Berkeley Heart for Legislation and Work, mentioned she had by no means heard of a state of affairs the place a authorities legal professional has ordered elected officers to not communicate out a few high-profile labor dispute.
Nonetheless, Fisk mentioned it isn’t irrational for town’s legal professional to jot down a letter describing the litigation danger posed by the Golden State Transit case.
“To be honest, group attorneys — and town legal professional is a corporation legal professional — it is their job to be involved about potential dangers of legal responsibility to the group,” she mentioned.
The LA metropolis legal professional advises council members to keep away from strikes
America Area Information ,Subsequent Huge Factor in Public Knowledg