passed ordinance

*Authorize Letter of Agreement with Laborers' International Union of North America, Local 483 and Bureau of Environmental Services to amend the Collective Bargaining Agreement and settle outstanding grievances

labor
procurement
labor agreement

Department: Human Resources
Introduced by: Former Mayor Ted Wheeler
Status: Passed

Impact statement

Purpose & background

The purpose of this Ordinance is to authorize a letter of agreement with the Laborers' International Union of North America, Local 483 - Portland City Laborers' and the City of Portland Bureau of Environmental Services to create a committee to review unit work contracted out as well as upcoming Capital Improvement Projects and to grant paid lunches and retro pay according to a previous letter of agreement established during the Union's successor bargain.

Financial impacts

The fiscal impact of overtime pay for the 30-minute lunch periods from March 14, 2024, through April 24, 2024, is estimated to be $42,000. The cost of the compensatory time off for the affected members is estimated to be $7,000. The total cost of $49,000 will be paid during FY 24/25 and will be absorbed by BES’s annual operating budget. No other bureaus are affected by this agreement. The provision for paid 30-minute lunch periods from April 25, 2024, through the end of the contract has no direct financial impact. However, the cost of the lost productivity can be estimated as the FTE equivalent of the paid lunch periods. The table below summarizes the cost of the FTE that would be required to backfill the paid lunch periods: - FY 23/24 (4/25/2024-6/30/2024) FY 24/25 FY 25/26 Number of Lunch Periods Paid 1,474.00 8,129.33 8,129.33 Number of Hours Paid 737.00 4,064.67 4,064.67 Equivalent FTE 0.35 1.95 1.95 Wages + Wage Driven Benefits (including COLA) for equivalent FTE $ 40,047.76 $ 228,945.48 $ 243,378.68

Community impacts

There was no community involvement. This action is largely internal to City government processes.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: The City and the Laborers' International Union of North America, Local 483 - Portland City Laborers' (LiUNA or Union) are parties to a collective bargaining agreement (CBA) effective July 1, 2022 through June 30, 2026. As part of the successor negotiations, the City and the Union agreed to substantive language changes in an existing Letter of Agreement (LOA#4, Exhibit B) applicable to Bureau of Environmental Services (BES) employees. LOA#4, Exhibit B amends how work performed on overtime is compensated and adds new language that BES Industrial Maintenance Millwrights, Machinists, Automotive Equipment Operator IIs, and Storekeepers be provided City paid lunches. The City and Union have also mutually agreed to settle two related grievances with prejudice: A 2023 Grievance regarding Job Security and Outside Contracting and its impact on the BES Industrial Maintenance Millwright unit members. A 2024 Grievance regarding paid lunches for BES Industrial Maintenance Millwrights, Machinists, Automotive Equipment Operator IIs, and Storekeepers consistent with the parties' Tentative Agreement LOA#4 in the most recent successor contract negotiations . The terms of the Settlement Agreement include: Conducting an Annual Meeting on contracting out with the Union and the Bureau of Environmental Services (BES). Establish a quarterly review meeting between Engineering, O&M management, the Union and BES to discuss upcoming Capital Improvement projects. Pay time and one-half (1.5) of employees' regular rate to employees covered under the LOA#4 within BES for a thirty-minute paid lunch for their regularly scheduled shifts worked between March 14, 2024 and April 24, 2024. ( BES Industrial Maintenance Millwrights, Machinists, Automotive Equipment Operator IIs, and Storekeepers) Provide the single incumbent BES Industrial Maintenance Machinist employee with five (5) hours of compensatory time in their leave bank. Amend the existing CBA with the language and intent of LOA#4 to grant BES Industrial Maintenance Millwrights, Machinists, Automotive Equipment Operator IIs, and Storekeepers paid lunches. Lunches will be paid at straight time unless the employee is directed by their supervisor to work through that lunch period at which time the employee shall be paid at the overtime rate of time and one-half (1.5). With the authorization of the Settlement Agreement, the Parties have agreed these matters are fully resolved and the Union's grievances withdrawn with prejudice. NOW, THEREFORE, the Council directs: The Interim Director of the Bureau of Human Resources is authorized to enter into a Letter of Agreement between the City and LiUNA in a form substantially similar to the attached Exhibit A. Section 2. The Council declares that an emergency exists to avoid undue delay in amending the CBA and providing retroactive pay to the impacted employees; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

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