190994

Emergency Ordinance

*Authorize Settlement Agreement between the City and Portland City Laborers LiUNA Laborers’ Local 483 relating to an Unfair Labor Practice Complaint

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. The City and Union were parties to a Collective Bargaining Agreement (CBA) for the period of July 1, 2017 to June 30, 2021 and are currently in successor bargaining.  
  2. On February 3, 2022, the Union filed an Unfair Labor Practice Complaint UP-006-22 (ULP) regarding a dispute over the calculation of the number of deferred holiday hours for employees under the terms of a 2021 grievance settlement, primarily at the Bureau of Environmental Services (BES). 
  3. The Union contended that the settlement required the City to pay regular pay plus deferred holiday hours to its members for work time spent at home during the first two weeks of the pandemic, regardless of whether they were actually working at home. The Union contended the settlement entitled all of its members to deferred holidays in addition to the pay they had already received to be at home on a “telework” assignment. 
  4. On September 7, 2022 the City, by and through BES, mediated the dispute and arrived at a mutually agreed upon method of calculation of deferred holiday pay for BES Union employees based on how “telework” had been defined at BES during the first two week so of the pandemic. The settlement shall be funded by BES, and the Union shall dismiss its ULP with prejudice citywide and waives all related claims Citywide. 
  5. This agreement is a compromise of disputed claims and does not operate and cannot be interpreted as an admission of liability or set any precedent. Moreover, the agreement may not be used in any current or future collective bargaining, ULP or grievance. 

NOW, THEREFORE, the Council directs:

  1. The Director of the Bureau of Environmental Services (BES) is authorized to enter into a Settlement Agreement, Exhibit A, between the City and LiUna 483 in a form approved by the City Attorney.  
  2. The Director of the BES is funding the settlement and the Mayor and Auditor are authorized to draw and deliver a check in the amount of $37,030.24 to LiUNA 483 for disbursement to their members. 

Section 2.  The Council declares that an emergency exists in order to avoid undue and costly delay in resolving this labor grievance; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Mary Hull Caballero

Impact Statement

Purpose of Proposed Legislation and Background Information

This Ordinance resolves an Unfair Labor Practice Complaint from Portland City Laborers, LiUNA Local 483 UP-006-22.

Financial and Budgetary Impacts

The total cost to the Bureau of Environmental Services is $37,030.24 in the fiscal year 2022-2023 and does not amend the budget.

Community Impacts and Community Involvement

No Public impact or public involvement is necessary or appropriate for this Union Unfair Labor Practice Complaint and no future involvement of the Public is anticipated or necessary.

100% Renewable Goal

Not applicable.

Agenda Items

775 Consent Agenda in September 21, 2022 Council Agenda

Passed

  • Commissioner Jo Ann Hardesty Yea
  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Yea
  • Commissioner Dan Ryan Yea
  • Mayor Ted Wheeler Absent