191223

The City of Portland ordains: 

Section 1. The Council finds:

1. The City and the Portland Fire Fighters Association, Local 43 IAFF (PFFA) are parties to a collective bargaining agreement (CBA) from July 1, 2019 through June 30, 2023.
    
2. PFFA is the exclusive representative for classifications listed in Schedule A of the CBA. 
    
3. Over the past 18 months, Portland Fire & Rescue has had difficulty filling daily staffing vacancies through the use of volunteer callback shifts and has implemented the use of mandatory callbacks. In addition to mandatory callbacks, the Bureau has also occasionally shut down front line apparatus to manage daily staffing deficits. 
    
4. In November 2022, the parties exercised their rights under ORS 243.698 and entered into expedited bargaining to seek resolution towards a mandatory callback policy. 
    
5. The Parties agree to implement an amended Mandatory Callback Agreement, as described in Exhibit 1, as soon as practicable and agree that they will integrate the terms of the Mandatory Callback Agreement in their successor bargaining agreement.
    
6. As part of the Letter of Agreement, the City will provide an incentive payment of $100.00 per voluntary callback shift worked under the following terms:
    
   1. The eligible period for the incentive will the period between February 16, 2023 through June 30, 2023.
       
   2. The incentive will be applied to all voluntary callback shifts, including partial and full shifts.
       
   3. The incentive will apply only when ALL vacancies have been filled for the day through voluntary callbacks.
       
7. Further, the Agreement provides that members are permitted to use City-paid water to wash their personal vehicles as a part of their permitted leisure time. When this LOA is signed and passed by City Council, the Chief will effectuate this official compensation by rescinding Chief's Memo 22-01. The PFFA agrees to dismiss with prejudice its current grievance over car washing practices.
    
8. Effective upon authorization of the Agreement, the Bureau will provide a “clean slate” and remove all previous and pending counseling and disciplinary action for Mandatory Callback refusals and PFFA will dismiss with prejudice its related grievances.

NOW, THEREFORE, the Council directs:

1. The Chief Human Resources Officer is authorized to enter into a Letter of Agreement, Exhibit 1, between the City and the Portland Fire Fighters Association to address and implement the interest and terms of this ordinance, retroactive to February 16, 2023.

Section 2. The Council declares an emergency exists to allow ordinance to be immediately put into effect to address firefighter staffing needs; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.