LABOR AGREEMENT - LABORERS' LOCAL 483 - SEASONAL MAINTENANCE WORKERS - 2014-2018
Binding City Policy
Section 1. The Council finds:
1. The City and Laborers’ Local 483 (the Union) are parties to a collective bargaining agreement effective July 1, 2011 to June 30, 2014 (the 2011-2014 CBA).
2. The Union is the sole and exclusive bargaining agent for the purpose of establishing wages, hours and conditions of employment for employees in the Seasonal Maintenance Worker (SMW) classification at the City.
3. On May 28, 2014, pursuant to its obligations under ORS 243.650 et seq., the City entered into negotiations for a successor agreement to the 2011-2014 CBA with the Union.
4. On August 26, 2014, representatives of the City and the Union signed a Tentative Agreement, Exhibit A (the Agreement), attached hereto and incorporated by this reference, that outlines the terms and conditions of employment for bargaining unit members in the SMW classification for the period of July 1, 2014 through June 30, 2018 (the 2014-2018 successor CBA).
5. As of the date this ordinance is submitted, the Union has ratified the Agreement.
6. The Agreement meets the City’s bargaining interests by securing a four-year collective bargaining agreement and agreeing to wage increases, health benefits, and other terms and conditions of employment.
7. The Agreement continues to apply the principles of total compensation as the basis for bargaining all monetary subjects and ties general compensation to the Consumer Price Index (CPI). General wage increases will continue to be tied to the Portland CPI-W.
8. Upon ratification by City Council, salary rates for bargaining unit employees in the SMW classification are to be increased by 2.7% which is 100% of the annual increase in the Portland CPI-W. Salary rates for 2015-2016, 2016-2017 and 2017-2018 are to be increased by 100% of the annual increase in the Portland CPI-W. However, in no event shall the salary increase for 2015-2016, 2016-2017 and 2017-2018 be less than one percent or greater than five percent.
9. Effective upon ratification, SMW bargaining unit members may work a maximum of 1,400 hours in a calendar year. This is an increase of 200 hours per year from the 2011-2014 CBA. The cost associated with this provision will not materially affect the current service level budgets for the impacted bureaus, as number of hours worked per calendar year could be limited by budgetary constraints and diverse City / bureau priorities.
10. Effective upon ratification and through December 31, 2014, SMW bargaining unit members will continue to be eligible for medical, dental and vision benefits in the first month of their second season, after working 80 hours in a month.
11. Effective January 1, 2015, SMW bargaining unit members will be eligible for medical, dental and vision benefits in the first month following 60 days of service in a position that is scheduled within SAP for a minimum of 28 hours per week. This change in eligibility requirements was made to be in compliance with the federal Affordable Care Act.
12. The Agreement continues the current health insurance premium share at 90 percent / 10 percent for the term of the Agreement.
13. Effective upon ratification, SMW bargaining unit members may grieve or appeal the City’s decision not to re-employ them following their third consecutive season. If the grievance is not resolved at Level One, employees may appeal to a Grievance Review Committee that includes a representative appointed by the Union, a representative appointed by the City and a representative that is jointly appointed by the City and the Union. The Grievance Review Committee will prepare a recommended decision for the Human Resources Director to review. The Human Resources Director’s decision is final.
14. Effective upon ratification, the City has agreed to provide training opportunities to assist SMW bargaining unit members in developing their job skill base and to assist with job application and interviewing skills.
15. The terms and conditions of the 2014-2018 successor CBA shall conform substantially to a form similar to Exhibit A.
16. The Mayor, the Human Resources Director and the City Auditor shall be authorized to execute the 2014-2018 successor CBA with approval as to form by the assigned Deputy City Attorney.
NOW, THEREFORE, the Council directs:
a. The Mayor, the Human Resources Director and the City Auditor are authorized to execute the 2014-2018 successor CBA between the City and the Union relating to the terms and conditions of employment for employees in the SMW classification, with approval as to form by the assigned Deputy City Attorney.
b. The 2014-2018 successor CBA shall conform to a form similar to the Agreement attached as Exhibit A.
c. The City is authorized to pay for any City cost increases associated with the 2014-2018 successor CBA for fiscal year 2014-15 through fiscal year 2017-18 from the General Fund and other impacted funds, which includes the Gulf Fund, Transportation Operating Fund, Water Operating Fund and Portland International Raceway Fund.
d. This ordinance is binding City policy.
Section 2. The Council declares that an emergency exists in order to avoid an unnecessary delay in the orderly implementation of the provisions of the 2014-2018 successor CBA; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.
Link to Exhibit A - Tentative Agreement (PDF Document, 814 kb)
Emergency Ordinance No. 186828, passed by City Council and effective October 1, 2014.