Subject: SF anti-Sunshine and anti-union ballot initiative?
From: [email-masked]
Date: Sat, 31 Jan 1998 14:07:44 EST

[dear friends,
the following proposed san francisco ballot initiative was filed this week
with the s.f. board of elections by political consultant robert barnes. if
barnes, and his nonprofit sector backers, including the s.f. aids foundation,
gather enough signatures s.f. voters will vote on this proposal in june. many
aids accountability activists believe the vague wording of section 3, and its
subsection (d) are reason to be concerned that this initiative would prevent
the s.f. board of supervisors from enacting a sunshine law. what say you?
--mp]

Be it Ordained by the People of the City and County of San Francisco:
THE NOT-FOR-PROFIT WORKPLACE PRIVACY PROTECTION ACT OF 1998

SECTION 1.  Title
This Ordinance shall be known and may be cited as the NOT-FOR-PROFIT WORKPLACE
PRIVACY PROTECTION ACT of 1998.

SECTION 2.  Findings and Declarations
The people of the City and County of San Francisco hereby find and declare all
of the following:
(a)  As much as 60 percent of the health, mental health and social services
delivered in the City and County of San Francisco is provided by not-for-
profit agencies, and a substantial amount of these services are delivered
under direct contract to the City and County.
(b)  These not-for-profit agencies - and their dedicated employees - are the
cornerstone of San Francisco’s ability to efficiently, effectively, and
compassionately serve disadvantaged San Franciscans facing a host of health,
mental health and social problems and challenges, including AIDS, substance
abuse, joblessness, homelessness, hunger and domestic violence.  Thus, it is a
priority of the people of the City and County of San Francisco to ensure that
these agencies continue to provide the same high-quality, low-cost service
that has distinguished San Francisco as a national leader in serving its most
vulnerable residents.
(c)  Recently, the Board of Supervisors has proposed several laws which would
require local not-for-profit agencies to comply with standards, rules and
requirements that exceed those required under existing federal and state laws
and denying agency employees rights guaranteed by federal law.  Burdening the
not-for-profit providers of safety net services, such as health care, mental
health care and social services, with excessive regulations will result in
cost increases and cuts in the quality and quantity of vital services.
(d)  As an example, a recent law proposed for San Francisco would deprive
employees in some private businesses and not-for-profit organizations of the
right to a secret ballot election as a means to decide questions concerning
union representation.  For more than 50 years, federal labor law has
recognized that a secret ballot election is the best way to ensure employees
freedom of choice, free from coercive influence.
(e)  The loss of the right to a secret ballot election as a means of deciding
questions concerning union representation may cause employees of not-for-
profit agencies to be subjected to pressure, coercion and unfair practices
from management, labor or outside interests at work or in their private lives.
These improper influences can in turn negatively affect the quality of service
delivered by employees of not-for-profit institutions.
(f)  The protections afforded by this ordinance will safeguard the workplace
privacy and free choice of the employees of not-for-profits in the City and
County of San Francisco and, therefore, help to protect and enhance the
viability of vital safety net services in San Francisco.

SECTION 3.  Purpose and Intent
The people of the City and County of San Francisco hereby declare their
purpose and intent in acting the measure to be as follows:
(a)  To encourage the Board of Supervisors as a matter of policy to refrain
from adopting laws which require not-for-profit organizations in the City and
County of San Francisco to comply with standards, rules, and requirements
which exceed those required under existing federal and state laws, with the
exception of any proposed ordinances or laws of general applicability
requiring non-discrimination in employment.  Requiring not-for-profit
organizations which provide safety net services to vulnerable San Franciscans
to comply with burdensome regulations increases their costs and reduces the
quality and amount of services they can provide.
(b)  To ensure that not-for-profit agencies are permitted to petition the
National Labor Relations Board for a secret ballot election on any question of
union representation to the full extent allowed by federal law.
(c)  To ensure that grants and contracts between the City and County and not-
for-profit agencies specifically permit not-for-profit agencies and their
employees to make any decision concerning union representation through a
secret ballot election conducted in a manner consistent with federal law.
(d)  To ensure that the City and County does not condition grants to or
contracts with nonprofit agencies on terms which have the effect of limiting
or abridging the rights and protections afforded under federal law to those
agencies and their employees.

SECTION 4.  Not-for-profit Workplace Privacy Protection Act
(a)  Any not-for-profit organization operating within the City and County of
San Francisco shall be permitted to exercise any rights the organization may
have under section 9 of the Labor Management Relations Act of 1947 (29 U.S.C.
§ 159) to petition the National Labor Relations Board to determine a question
of  representation of employees of the organization .
(b)  All City and County contracts with and grants to not-for-profit
organizations shall expressly permit the organization and any employee of the
organization to exercise any rights the organization or employee may have
under section 9 of the Labor Management Relations Act  of 1947 (29 U.S.C., §
159) to petition the National Labor Relations Board to determine a question of
representation of employees of the organization through a secrete ballot
election.
(c)  No agency of the City and County of San Francisco shall enter into a
contract with or provide a grant to a not-for-profit agency on terms which
have the effect of limiting or abridging the rights and protections provided
to the organization or its employees by federal law in determining questions
related to union representation.