191053

The City of Portland ordains:

Section 1. The Council finds:

1. The City and AFSCME, Local 189 are parties to a Collective Bargaining Agreement (CBA) for the period of January 1, 2021 to December 31, 2024.
2. On January 25, 2021, AFSCME, Local 189 filed a grievance on behalf of its member, Edward Marihart, contesting his termination of employment.  AFSCME, Local 189 advanced the grievance to arbitration, and the parties selected an arbitrator and scheduled a two-day arbitration hearing.
3. To avoid the costs and inherent risks associated with a binding arbitration decision, the City and AFSCME reached an agreement to compromise and resolve the grievance and any and all claims raised or raisable against the City, for the total sum of $37,307.60, subject to AFSCME, Local 189 providing the City with an executed release in a form approved by the City Attorney. Such agreement shall additionally withdraw the grievance with prejudice and terminate any employment rights including eligibility for future employment for Mr. Marihart at the City of Portland.
4. This agreement is a compromise of disputed claims and shall not operate or be interpreted as an admission of liability or set any precedent.

NOW, THEREFORE, the Council directs:

1. The Director of the Bureau of Human Resources is authorized to enter into a Settlement Agreement between the City and AFSCME, Local 189 in a form substantially similar to Exhibit A. 

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 Council.