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Report ID: 22-346   
Type: Regular - Board Administrative Matters
Meeting Body: Board of Directors - Regular Meeting
Meeting Date: 6/8/2022 Final action: 6/8/2022
Recommended Action: Consider receiving a report of investigation findings related to public statements made at the December 8, 2021, Board meeting regarding the AFSCME Collective Bargaining Agreement (CBA) and former AFSCME president, Shellie Beck.
Attachments: 1. STAFF REPORT, 2. Master Minute Order
TO: AC Transit Board of Directors
FROM: Jill A. Sprague, General Counsel
SUBJECT: Report of Investigation Findings

BRIEFING ITEM

RECOMMENDED ACTION(S):

Title
Consider receiving a report of investigation findings related to public statements made at the December 8, 2021, Board meeting regarding the AFSCME Collective Bargaining Agreement (CBA) and former AFSCME president, Shellie Beck.
Body

STRATEGIC IMPORTANCE:

There is no strategic importance to receiving this report and clarification regarding Article 4 of the AFSCME CBA.

BUDGETARY/FISCAL IMPACT:

There is no budgetary or financial impact from receiving this report.

BACKGROUND/RATIONALE:

On December 9, 2021, the General Counsel's Office received a complaint from employee Shellie Beck, alleging that statements made by AFSCME business agent Lisa Harlow and certain AFSCME members during an AFSCME membership meeting and a public AC Transit Board of Directors meeting on December 8, 2021, violated the District's policies against harassment (BP 213) and bullying (BP 201). Specifically, Ms. Beck took umbrage with statements that (1) as President of AFSCME, she and the prior business agent had bargained away AFSCME's meet and confer rights in Article 4 of the 2017-2020 Collective Bargaining Agreement (CBA); (2) that she was corrupt with regard to the 2017 contract negotiations; and (3) that she benefitted from a quid quo pro with respect to her negotiation of the contract in exchange for a promotion with the District.

In response to the complaint, the General Counsel's Office conducted an investigation into the veracity of the statements referenced above and whether, if false, they violated District Board Policies. General Counsel Jill Sprague reviewed hundreds of pages of documents and interviewed thirteen witnesses.

Based on a review of the evidence collected through documents and witness interviews, the following factual conclusions were reached:

> Allegations that the union's meet and confer rig...

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