Legal Services NYC Bargaining Updates

January 13, 2025

Below are updates on contract negotiations between Legal Services NYC and LSSA 2320 (Legal Services Staff Association) beginning October 8, 2024 to bargain a successor agreement to the 2021-2024 agreement.

October 8, 2024 

In advance of this session, the first in this year’s negotiations, the Union provided LSNYC with its substantive proposals and contract clean-up items. 

While no substantive proposals were discussed during the session, the parties introduced their bargaining committees, conferred about bargaining ground rules and the schedule for upcoming sessions. 

October 15, 2024

LSNYC presented its wage counterproposal to the Union, and proposals about remote work (preserving the existing policy of working in the office 50% of a pay period), the probationary period, sick leave, vacation leave requests, and updating the bar exam provisions to conform to the existing bar exam format. 

LSNYC’s Chief Financial Officer gave a financial presentation before the session wrapped up for the day.

October 29, 2024

The parties discussed three Union proposals: Labor-Management 403(b) Committee, Lactation, and contract clean-up. 

LSNYC presented its proposed changes to the Harassment and Discrimination Policy (to confirm to updates in the law). 

The parties are scheduled to meet again on: November 18, November 22, December 3, December 4, December 13, and December 18.

November 13, 2024

LSNYC presented its responses to the Union’s proposals regarding Lactation and Labor Management 403(b) Committee. Additionally, LSNYC presented its proposed changes to the leave policy (to clarify the language of Article 6.2 (B)) and Article 10: Probation.

The Union presented its proposed changes to Article 13.2, Temperature, Water, Toilets; Article 16.5 Reasonable Accommodations; Article 7.6 Layoffs; and Article 17.3, Expense Reimbursement (for translation services).

The parties are scheduled to meet again on: November 18, November 22, December 3, December 4, December 13, and December 18.

November 18, 2024

LSNYC responded to the Union’s proposal regarding breaks (Article 13.5). In addition, LSNYC made a proposal regarding Article 8, Grievance, and resubmitted its proposals regarding Probationary Period (Article 10) and its proposed housekeeping changes to clarify the language of Article 6.2 (B), Vacation.

The Union discussed its proposals on Article 13.2, Temperature, Water, Toilets, and Article 7.6, Layoffs. The Union also asked questions about LSNYC’s Remote Work counterproposal.

The parties are scheduled to meet again on: November 22, December 3, December4, December 13, and December 18.  The parties also discussed January 2025 bargaining dates.

November 22, 2024

The parties met briefly and finished addressing the Union’s questions concerning LSNYC’s Remote Work counterproposal.

The parties are conferring about dates in 2025 and are scheduled to meet again on: December 3, December 4, December 13, and December 18.

December 3, 2024

LSNYC submitted its counter proposals on Section 13.2 Temperature, Water, and Toilets and Section 16.5 Reasonable Accommodations. LSNYC gave additional context to past bargaining on Section 7.6 Layoffs and committed to providing a counterproposal soon. Finally, LSNYC explained its ongoing progress with the Contract Cleanup document.

The Union presented its proposals on a Section 13.4 Office Health and Safety; Section 6.2 (D) Personal Days. The Union also presented its proposals for two new sections: Section 17.13 Union Involvement in Grant Negotiations and Section 4.7 Summer Fridays. Finally, the Union rejected LSNYC’s proposed changes to Section 14.4 Job Descriptions.

The parties are scheduled to meet again on: December 4, December 13, and December 18. In the new year, the parties have confirmed to meet on January 9, January 10, January 17, January 22, January 24, January 30, and January 31. LSNYC has offered an additional six dates to bargain in February, which includes two full days.

December 4, 2024

The Union clarified its Section 4.7 Summer Fridays proposal. Additionally, the Union presented its proposals on Section 14.4 (K) Job Descriptions (Executive Secretary); Section 14.3(H) Translation and Interpretation; Section 16.1 Political Speech; and Section 18.3 Placement on Steps for New International Attorneys. Finally, the Union presented its proposal for new Section 4.5 (F) Early Office Closings.

LSNYC submitted its counter proposal on Section 13.8 Lactating Parents and explained its response to Section 13.5 Breaks.

The parties are scheduled to meet again on: December 13, and December 18. In the new year, the parties have confirmed to meet on January 9, January 10, January 17, January 22, January 24, January 30, and January 31. LSNYC has offered an additional six dates to bargain in February, which includes two full days.

December 13, 2024

LSNYC presented its counterproposals to Section 16.1 Political Speech;  Section 18.3 Placement on Steps for New International Attorneys; and Section 4.5 (F) Early Office Closings. LSNYC submitted an amended counter proposal to Section 14.4 (K) Job Descriptions (Executive Secretary), accepting most of the Union’s edits. LSNYC also presented a working alternative to the Union’s proposal regarding Involvement in Grant Negotiations. LSNYC rejected the Union’s Section 4.7 Summer Fridays proposal.

The Union presented its proposals on the following issues: Section 7.7 Staff with DACA/TPS Status; Section 7.8 Termination of DACA/TPS Status; new Section 5.11 Fund for Medical Equipment/Devices Not Covered by Insurance; new subsection (B) to Section 9.1 Inadequate or Unsatisfactory Job Performance; Section 14.5 Workloads and Caseloads including subsection 14.5(C) Attorney Caseloads and new subsection 14.5(D) Intake Relief;  Section 14.3(L) Court and Intake Coverage; Section 14.6 Staffing; and Section 13.9 Office Space and Assignments. The Union also submitted written responses to the Discrimination and Harassment Policy and the contract cleanup package.

The parties are scheduled to meet again on: December 18. In the new year, the parties have confirmed to meet on January 9, January 10, January 17, January 22, January 24, January 30, and January 31. The parties have agreed to meet at least six times in February, exact dates are forthcoming.

 December 18, 2024

LSNYC presented counter proposals on to Section 9.1 (B) Inadequate or Unsatisfactory Job Performance; Article 7.7 Staff with DACA/TPS Status; Article 7.8 Termination of DACA/TPS Status; Article 7.6 Layoffs; and Article 14.5 Workloads and Caseloads, which included counters to 14.5(C) Attorney Caseloads and 14.5 (D) Intake Relief. LSNYC also informed the Union that because it had not yet responded to its October 15th Wage proposal and, therefore, did not have a sense of where the parties would ultimately settle on wage increases, it was provisionally rejecting all other economic proposals.

The Union presented its proposal on Article 18.3 Step Placement Notice to Employees and rejected LSNY’s counter proposal on Article 6.4(A)(6) Sick Leave.

The parties discussed flexible scheduling and LSNYC’s counterproposals on Article 14.4 (K) Job Descriptions (Executive Secretary); Article 7.7 Staff with DACA/TPS Status; Article 7.8 Termination of DACA/TPS Status; Article 7.6 Layoffs; and Article 6.4(A)(6) Sick Leave. The parties also reached a tentative agreement on Article 13.8 Lactating Parents.

The parties are scheduled to meet again on: January 9, January 10, January 17, January 22, January 24, January 30, January 31, February 4, February 6, February 11, February 13, February 26 and February 27.

January 9, 2025

This bargaining update summarizes the key points that were raised during the 11th bargaining session between the parties.

The meeting started with LSNYC presenting the following responses to the Union’s proposals:

  • Flexibility in Scheduling Practice – LSNYC proposed moving the existing side letter regarding flexible schedules and incorporating it into Article 4 of the collective bargaining agreement.  
  • DACA/TPS Status (Article 7.8) – LSNYC agreed to create a new article (7.7), which would provide reimbursement for DACA/TPS work permit renewal fees for employees.  LSNYC would also use best efforts to secure pro bono assistance for staff with DACA/TPS status who are eligible for a work visa and would consider whether to sponsor the employee for a work visa.  The existing Article 7.7 Termination of DACA/TPS Status would be renumbered 7.8 (with a proposed modification to remove inapplicable language if DACA/TPS is terminated). 
  • Breaks (Article 13.5) – LSNYC proposed adding language clarifying that Receptionists and Hotline Paralegals would not be denied a break due to lack of coverage.
  • Interpretation & Translation (Article 14.3(H)) – LSNYC Proposed adding language to this Article to:
    • require LSNYC to provide the Union and an employee with a copy of a Personnel Action Form that reflects the translation and interpretation salary bump;
    • have the Working Group explore options for an interpretation assessment that aligns with the legal work performed by LSNYC;
    • have the Working Group develop a procedure for all staff to be notified of how to access translation and interpretation services and the staff rotation;
    • make clear that timekeeping records would not be used to rescind the salary bump if LSNYC had not complied with section H(4) of this Article; and
    • confirm that permission to attend trainings covered by this Article would not be unreasonably denied.
  • Workloads and Caseloads (Section 14.5 ) – LSNYC proposed to include whether the number of inactive cases that are not ready to close and require an attorney’s attention in some form at least once every 3 months as a factor in a workload assessment.
  • Step Placement for Specialist/Coordinator Differential (Article 18.7(A)) – LSNYC proposed adding language about providing the Union and employee with a copy of the Personnel Action Form that reflects the employee’s salary differential.
  • Wages & Financial Proposals – Next, the Union presented and discussed its December 24, 2024, counter proposal on wages.
    • With respect to the annual wage increases, the Union is seeking a 15% wage increase effective July 1, 2024, 8.5% increase effective July 1, 2025, and 9% increase effective July 1, 2026. 
    • The Union also presented most of its financial proposals, which included increases to the translation and interpretation bump, the specialist/coordinator differential, retirement contributions, funding for fertility treatment, assisted reproductive technology, and surrogacy and adoption. 
    • The Union’s proposals also include eliminating employee contributions for health insurance coverage, expanding reimbursement for LMSW, Process Server, and other Legal Worker test preparation, and creating a paid sabbatical leave program.
    • The Union is also proposed to expand the following benefits: annual leave, sick leave, bereavement leave, parenthood and maternity leave, part-time work schedules, and malpractice insurance for Social Workers. Finally, the Union proposed a new method to calculate increases for promoted legal workers and a side letter requiring LSNYC to seek proposals for a new 403(b) administrator contract. With respect to LSNYC’s proposals, the Union rejected LSNYC’s proposed changes to Grievance (Article 8), Sick Leave (Article 6.4(A)(6)), and Bar Exam (Article 17.1).    
    • LSNYC explained that the Union’s economic proposals cost more than $40 million dollars over the next 3 years, including the Union’s $20 million dollar wage proposal, which does not include the cost of employees moving up steps.  LSNYC said that it could not responsibly accept all the Union’s economic proposals and asked the Union to prioritize which of its economic proposals are most important to the bargaining unit.  

The parties are scheduled to meet again on: January 10, January 17, January 22, January 24, January 30, January 31, February 4, February 6, February 11, February 13, February 26 and February 27.

January 10, 2025

This bargaining update summarizes the key points that were raised during the 12th bargaining session between the parties. The meeting started with the Union providing responses on:

  • Remote Work (sideletter) – The Union is proposing to increase the number of remote days from 5 to 6 days per pay period.
  • Temperature, Water, and Toilets (Article 13.2) – The Union is proposing to reduce the amount of time employees would be required to work in the office if the office temperature exceeds 80 degrees.  
  • Reasonable Accommodations (Article 16.5) – The Union is proposing edits to this policy to conform it to the NYC Commission on Human Rights Enforcement Guidance.
  • Early Office Closings for Holidays (Article 4.5(F)) – LSNYC offered to include its existing policy about office closings in the CBA. The Union is proposing to add three additional holidays for early closure and that LSNYC offices will close early any Friday before a Monday holiday.  The Union is also proposing to add language that employees who are on sick leave, vacation or other paid time off would receive 2 hours of administrative time on an early closure day.  
  • Placement on Steps (Article 18.3) – The Union proposed language about the placement of attorneys from non-U.S. law programs, and that LSNYC would provide the resume and written justification for placement to the Union with the Personnel Action Form, and that all new hires would receive an offer letter than includes their step placement and corresponding salary.
  • Substance Use/Mental Health (Article 9.5) – The Union is proposing to create Individual Development Plans for employees with substance use or mental health issues.

Next, LSNYC presented the following proposals:

  • Salaries and Wages (Article 18.5) – LSNYC increased its wage proposal for Salary Scales A-F to 6.25% effective July 1, 2024 (contingent upon LSNYC being able to get reimbursed by the City/State back to this date), and 2% increases effective July 1, 2025 and July 1, 2026. LSNYC did not propose any changes to its current proposal for Salary Scale I (10% – 5% – 4%) or Salary Scale H(1)/K (8% – 4% – 3%).  In connection with this proposal, LSNYC explained that:
    • the difference in percentage increases between the scales was to provide higher increases to employees on those scales to get them to a minimum of $60,000 by the end of the CBA.
    • the 3% HRA COLA is included in all years of LSNYC’s proposal to cover both increases to the salary scales and the cost of employees moving up steps (which is an approximately 2% increase each year).  This means that the proposed increases for employees on Salary Scales A-F in 2025 and 2026 is equal 4% (2% moving up the steps and 2% increases to the scale).
    • the Union’s economic proposals exceed $40 million and that LSNYC could not reasonably agree to them because there is no expectation that LSNYC would be able to secure that amount of additional funding in the next 3 years to cover the Union’s proposals.  LSNYC again requested that the Union prioritize the financial requests of its members so that the parties could advance the negotiations and focus on issues of importance to the employees.
    • with respect to retroactivity for July 1, 2024, HRA informed LSNYC in December that it was changing the way budget modifications were going to be treated and that employers would not be permitted to shift expenses between personnel and OTPS.  If HRA moves forward with this change, it will impact LSNYC’s ability to pay some amount of retroactive wages to the bargaining unit.
    • it was rejecting the Union’s proposals regarding longevity differential, contributions to the 403(b) plan, specialist/coordinator differential, insurance coverage, fertility treatment and assisted reproductive technology, financial assistance for adoption and surrogacy, accrual of annual leave, payments for leave days, accumulated sick leave upon termination and sick leave, because it wanted to put all of its economic resources into increasing wages for employees.
  • Health and Safety (Article 13.4) – LSNYC proposed to email its Safety and Security plans (already posted in the Intranet) to all staff annually and to incorporate its Emergency Office Closure Policies and Procedures (already posted on the Intranet) in the CBA and agreed to the Union’s request to add language about closing offices if the Air Quality Index exceeds 150 (Unhealthy, Very Unhealthy, or Hazardous).    

The parties are scheduled to meet again on: January 17, January 22, January 24, January 30, January 31, February 4, February 6, February 11, February 13, February 26, and February 27.

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