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

The City of Portland ordains: Section 1. The Council finds: 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. 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). 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. 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. 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: 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. 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.