*Authorize Letter of Agreement with Professional Technical Employees Union, Local 17 and American Federation of State, County, and Municipal Employees, Local 189 to create a committee to review Worksite Location Status Requests

The City of Portland ordains: Section 1. The Council finds: The City and the Professional & Technical Employees, Local 17 (PROTEC17) are parties to a collective bargaining agreement (CBA) effective January 1, 2022, through June 30, 2025. The City and the American Federation of State, County and Municipal Employees, Local 189 (AFSCME) are parties to a collective bargaining agreement (CBA) as part of the District Council of Trade Unions (DCTU) effective January 1, 2021, through December 31, 2024. On May 10th and May 31st, 2023, both PROTEC17 and AFSCME filed unfair labor practice (ULP) complaints with the Oregon Employment Relations Board (ERB) against the City alleging that the City violated ORS 243.672(1)(e) by refusing to bargain with the unions over the implementation of a workplace model regarding in-person and remote work. Case Numbers UP-026-23 and UP -032-23. On October 19, 2023, the City and PROTEC17 and the City and AFSCME agreed to engage in interest-based bargaining and to dismiss the ULP complaints provided the City engaged in good faith bargaining during that process. The City, PROTEC17, and AFSCME entered into interest-based bargaining and came to an agreement subject to Council approval. See attached Exhibit A. The agreement provides for the creation of a committee to review and provide recommendations for exceptions requests to in-person work for PROTEC-represented employees of PROTEC17 and AFSCME-represented employees under the DCTU CBA. It also provides for a pilot program for these same represented employees for power outages during City closures. 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 PROTEC17 and AFSCME in a form substantially similar to the attached Exhibit A to create a committee to review Worksite Location Status Requests. Section 2. The Council declares that an emergency exists to avoid undue delay in resolving the ULPs and implementing the creation of the Committee to Review Worksite Location Status Requests; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.