Finally there is a sign for the public that labor unions are working with elected school board members at the Fresno Unified School District to get a Project Labor Agreement on district construction contracts.

At their Wednesday, October 2, 2019 meeting, the Fresno Unified School District Board of Education will vote to approve a "Legal Services Representation Agreement" with the law firm of Orbach, Huff, Suarez and Henderson (OHSH) "for services related to Project Labor Agreements." It is on the agenda as Item A-9.

See the agenda and staff report: Fresno Unified School District Board of Education Meeting Agenda - October 1, 2019

According to the staff report, "Phillip Henderson, Partner at OHSH, came highly recommended as an expert in all PLA matters from Michael Fine, Chief Executive Officer of California's Fiscal Crisis and Management Assistance Team."

The Coalition for Fair Employment in Construction does not know why the state's Fiscal Crisis and Management Assistance Team is giving advice to Fresno Unified School District about which lawyers are experts on Project Labor Agreements. Perhaps it's because Project Labor Agreements are common at California school districts that are experiencing fiscal crisis because of mismanagement.

Fresno Unified School District apparently wants to be one of these districts in fiscal crisis that need management assistance.

Emails Sent to Fresno Unified School District

Sent: Saturday, September 21, 2019

Subject: Request for all Background Material on Union Project Labor Agreement (PLA) 

Superintendent Nelson:

Under the authority of California Government Code Section 6250, I am requesting the follow public records:

1. All letters, faxes, memos, emails, texts, or other physical or electronic records since June 1, 2019 referring to a “Project Labor Agreement” or similar document that a construction company would need to sign with unions as a condition of working on a district contract.

2. All letters, faxes, memos, emails, texts, or other physical or electronic records since June 1, 2019 referring to the Fresno, Madera, Kings and Tulare Counties Building and Construction Trades Council or its individual unions (such as the International Brotherhood of Electrical Workers Local Union No. 100).

We have learned from an article in GV Wire that Fresno Unified School District board members and administrators have been working on a plan to require construction companies to sign a discriminatory Project Labor Agreement with unions as a condition of working on a district contract. Two internal district documents were included in that article as primary source documents.

There has been no reference on a school board agenda to this proposed policy and no apparent public access from the district to these documents. Obviously it is being hidden from the public because of its controversial nature.

Among other things, we want to know where the idea started, who first proposed it, and how. And we want the people of Fresno to know, too.

You may email electronic copies to me, or I can pick up paper copies if necessary.

You have 10 days.

Thank you for your attention to this matter.

Eric Christen, Executive Director, Coalition for Fair Employment in Construction

Sent: October 1, 2019

Subject: More questions re: your union Project Labor Agreement (PLA) for school construction and it being agendized at tomorrow's board meeting

Fresno USD Trustees,

Following up on our Public Records Act Request, a request that seeks to find out where the idea for a discriminatory and wasteful Project Labor Agreement (PLA) is coming from (see below), today we wanted to address the agenda item you are scheduled to vote on tomorrow at your board meeting.

This item, scheduled to be heard at the 10/2 Fresno Unified School District Meeting, is to accept legal services for a Project Labor Agreement. It is on pages 4 and 115 of the hyperlinked document. There is no background given. There is no explanation as to what the purpose of this expenditure of funds is. There is no date certain given thereby indicating this contract and its cost is open ended.

Questions:

1. As there was no previous discussion in public about this issue, an issue that is highly controversial, how did this item get placed on the agenda as a consent item?

It reads:

Fresno Unified School District Board Agenda Item

Board Meeting Date: October 02, 2019

AGENDA SECTION: A (A - Consent, B - Discussion, C - Receive, Recognize/Present) 

ACTION REQUESTED: Approve (Adopt, Approve, Discuss, Receive, etc.) 

AGENDA ITEM A-9 

TITLE AND SUBJECT: Approve Legal Services Representation Agreement 

ITEM DESCRIPTION: Included for approval is a legal representation agreement for Orbach, Huff, Suarez and Henderson (OHSH) with hourly rates ranging from $65 to $ 305 for services related to Project Labor Agreements (PLA).

Phillip Henderson, Partner at OHSH, came highly recommended as an expert in all PLA matters from Michael Fine, Chief Executive Officer of California's Fiscal Crisis and Management Assistance Team.

2. Who reached out to Michael Fine? Where was approval for reaching out to Mr. Fine attained? Why was this a sole source bid? Does the District have SOPs pertaining to the awarding of such contracts where there is no competitive bid sought?

This is curious behavior for a district to engage in. There appears to be discussions occurring behind the scenes and out of public view. That would be illegal.

Our aforementioned PRA [Public Records Act request) will, we hope, shed light on these questions. If these questions cannot be answered honestly, however, I would strongly suggest you postpone this vote tomorrow. 

Eric Christen, Executive Director, Coalition for Fair Employment in Construction