191962

The City of Portland ordains.

Section 1. The Council finds:

1. The City, Portland Fire & Rescue (“PF&R”) and the Portland Fire Fighters’ Association (the “Union” or “PFFA”) are parties to a Collective Bargaining Agreement (“CBA”) for the period of July 1, 2023 to June 30, 2027. The Union is the sole collective bargaining representative on behalf of employees working in classifications listed in Schedule A of the CBA.
2. The City and the Union began successor negotiations on December 14, 2022, and reached a tentative agreement on June 21, 2023.
3. During successor negotiations, the parties expressed an interest in exploring a pilot program to provide employees working on a suppression schedule a maximum of 50.4 hours of accrued vacation to be cashed out per employee, one time per calendar year beginning on January 1, 2025, through December 31, 2026.
4. After ratification of the CBA, the parties discovered a disagreement as to what language the parties agreed to for Article 34 (Promotional Due Process) and Article 35 (Retire/Rehire Program).
5. The Union filed an unfair labor practice charge on April 4, 2024, regarding the language of Articles 34 and 35, Portland Fire Fighters Association v. City of Portland, ERB Case No. UP-014- 24 (“ULP”). The Union also filed a grievance on April 24, 2024, regarding a class of employees impacted by the parties’ disagreement on the correct CBA language (“Grievance”).
6. The parties agreed to mediate the dispute on September 4, 2024 and came to agreement on how to resolve the ULP and the Grievance. The parties executed a settlement agreement on September 4, 2024 (“Agreement”). The Agreement amends Articles 34 and 35 of the CBA to resolve the parties’ disputed language, as well as resolves that the parties will execute a letter of agreement regarding vacation cash-out.
7. On September 23, 2024, the City and the Union signed a Letter of Agreement (“Vacation Cash-Out LOA”) outlining the process by which employees working a suppression schedule can cash out vacation during the course of the CBA.
8. The Agreement and the Vacation Cash-Out LOA are attached hereto as Exhibit A.
9. Separately from the resolution of the ULP and Grievance, the Parties bargained and agreed to provide premium pay to those firefighters selected to serve on Portland Police Bureau’s Rapid Response Team (“RRT”) and Special Emergency Response Team (“SERT”) for the additional duties and training performed for serving in these assignments. On October 18, 2024, the City and the Union signed a Letter of Agreement outlining the 6% premium to be paid for these assignments of work (“RRT/SERT Premium LOA”), which is attached hereto as Exhibit B.
10. In accordance with the Agreement, the following language is added to the CBA as Article 34(B)(4): “Beginning on July 1, 2025, members on duty shall be detailed to all promotional processes so long as they can find their own replacement. Members who cannot find their own replacement shall use their own accruals or trade times to attend promotional processes.”
11. In accordance with the Agreement, the Grievance will be resolved by restoring eight hours of vacation leave to each PFFA member who took vacation in lieu of being detailed to each promotional process covered under the Grievance.
12. In accordance with the Agreement, the following language is struck from Article 35(A) of the CBA: “upon permission by the Chief of the Fire Bureau.”
13. In accordance with the Agreement and the Vacation Cash-Out LOA, for calendar years 2025 and 2026, PFFA members working in Emergency Operations on a suppression schedule may elect to cash out up to 50.4 hours of vacation leave subject to the terms of the Vacation Cash-Out LOA.
14. In accordance with the RRT/SERT Premium LOA, PFFA members working RRT and SERT assignments shall be paid a 6% premium on the member’s base rate for hours worked in those assignments and for training required for those assignments. Such premiums payments will be made retroactively to April 23, 2024 for RRT assignments and August 13, 2024 for SERT assignments.
15. Funding for the detailing of PFFA members to promotional processes will not be required for fiscal year 2024-25. Beginning in fiscal year 2025-2026, Portland Fire and Rescue will require an additional approximately $15,000 per fiscal year as an adjustment to its current appropriation level to fund detailing for the promotional process.
16. Funding for vacation cashout is included in the current service level budget for fiscal year 2024-25.

NOW, THEREFORE, the Council directs:

1. The Agreement and the LOA attached hereto as Exhibit A are hereby ratified by this Council.
2. PF&R is authorized to fund detailing PFFA members to promotional processes consistent with the Agreement with an additional $15,000 added to its current appropriation level beginning in the 2025-26 fiscal year.
3. PF&R is authorized to fund vacation cashout consistent with the Agreement within its current 2024-24 service level budget.
4. PF&R is authorized to restore vacation leave to PFFA members in settlement of the Grievance consistent with the Agreement.
5. PF&R is authorized to retroactively pay a 6% premium to those PFFA members working RRT and SERT assignments and is appropriated an additional $46,000 to its 2024-2025 service level budget to do so.
6. PF&R is authorized to pay a 6% premium to those PFFA members working RRT and SERT assignments and is appropriated an additional $41,000 per fiscal year to its current appropriation level to do so.
7. This Ordinance is binding City policy.

Section 2.  The Council declares that an emergency exists to maximize time needed to program City systems to allow for vacation cashout in 2025; therefore, this Ordinance shall be in full force and effect after its passage by the Council.