Authorize the City Attorney to file an unfair labor practice complaint

WHEREAS, AFSCME is currently a party to the collective bargaining agreement (CBA) between the City and the District Council of Trade Unions (DCTU) that is in effect until Dec. 31, 2024; and WHEREAS, the City and AFSCME agreed in Article 25 of the CBA that while the contract is in effect, AFSCME would not strike or picket, and the City would not lockout employees; and WHEREAS, the City learned that AFSCME planned a picket for October 9, 2024, and contacted AFSCME legal counsel on October 3, 2024, to ask that they not picket as they had agreed not to do so during the CBA and it is a violation of the agreement to do so; and WHEREAS, AFSCME responded that they were going to move forward with their picket; and WHEREAS, on October 9, 2024, AFSCME picketed in front of the Water Bureau facility in N. Tillamook, holding picket signs, walking back and forth in front of the building, and, despite the fact that AFSCME is currently under a collectively bargained agreement that provides for wages and working conditions that AFSCME ratified, AFSCME members chanted about wanting a fair contract now and fair pay; and WHEREAS, Human Resources Director Tracy Warren sent a letter to AFSCME president, Rob Martineau, advising that the picket on October 9, 2024, violated the CBA between the City and AFSCME, and that if AFSCME held another picket while the CBA was in effect, the City would file a grievance and/or unfair labor practice complaint, and asked that Mr. Martineau contact her to discuss other methods than a picket for AFSCME to share their message; and WHEREAS, Mr. Martineau refused Director Warren’s request and instead held another picket on November 4, 2024, at the Portland Police Bureau’s Central Precinct, and engaged in similar conduct as occurred on October 9, 2024; and WHEREAS, there are other current factual circumstances that may be indicative of other unfair labor practices. NOW, THEREFORE, BE IT RESOLVED, that, the City Attorney or their designee is authorized to commence an action for which there is a good faith basis to assert legal claims in any competent tribunal to protect labor harmony and enforce the agreement between the City and AFSCME, as well as alleging other claims as warranted to resolve unfair labor practices by AFSCME, and to pursue to conclusion in any higher tribunal and to make any stipulation, agreement, or admission as in their judgment may be in the best interest of the City.