AgdaPkt 2006-09-25 - Laserfiche WebLink

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7A reasonable balance between the needs of the work force and the needs of the Page 3 community in having as much competition as possible for the contracts that expire in December 2010. Having restrictive labor provisions in the RFP may dissuade some collection operators from submitting proposals. We also believe it is not advisable for the SBWMA or the franchising agencies to become too closely involved in the labor-management issues between the collection operators and the employees. CARD CHECK AGREEMENT local No. 350 has also requested that the RFP contain a provision requiring the use of a "card check" agreement in the event a question arises as to which union should be representing the employees. The card check agreement is one of several methods permitted under Federal labor law under which employees can determine their representation. We continue to believe that it is not appropriate for either the SBWMA or the franchising authorities to become involved in this area as this is an area that is well regulated by the National Labor Relations Board. LABOR PEACE The final provision requested by Local No. 350 is that the RFP require proposers to ".. .include in their proposals a full discussion of how they will assure that no labor dispute or unrest that may affect the continuity of their services will occur during the term of the Franchise Agreement." Staff continues to believe that this requirement may insert the SBWMA and the franchising authorities too closely in the arena of labor-management relations and could also dissuade potential proposers from responding to the RFP. Attached is a copy of the correspondence dated August 29, 2006 from Local No. 350 that contains their specific requests (Attachment 2). Code of Conduct The proposed code of conduct probably elicited the strongest reaction from Council at the August 28 meeting. After meeting with the subcommittee. staff has a much better understanding of Council's concerns and agrees that existing state laws provide sufficient guidance in the areas for conflicts of interest and campaign contributions. Accordingly we now recommend a code of conduct that references the applicable state statutes that govern conflicts of interest and the receipt and disclosure of campaign contributions. With respect to prohibited contracts, we continue to believe that value will be added to the competitive process if Council members and SBWMA Board members avoid any non- public discussions about the competitive selection process with potential proposers. Avoiding such conversations does not preclude Council members or SBWMA Board members from social interactions or conversations about any other matters unrelated to the competitive selection process. Use of Alternative Fuel Vehicles Several Council members expressed an interest in receiving more information before endorsing the requirement that alternative fuel vehicles be used under the new contract. Staff agrees with this request and has asked that Hilton Famkopf & Hobson, the consulting firm providing staff and technical support for the development of the RFP, provide us with more information on the costs and benefits of using alternative fuel vehicles before the Board's meeting in October.