Exhibit "B"

GRIEVANCE SETTLEMENT AGREEMENT

This agreement is between the City of Portland, through the Bureau of Emergency Communications (Employer) and AFSCME, Council 75, Local 189 (Union)

 

REASON FOR AGREEMENT

1.  AFSCME filed a grievance dated July 5, 2001, alleging that Kim Lairson was denied vacation leave in violation of Article 11.8a of the City-BOEC labor agreement.

 

2.  Ms. Lairson was first alternate for vacation days reserved by a more senior ECO at the time of the semi-annual sign-up. The bureau denied her the requested vacation days because they were cancelled by the more senior employee with less than 72 hours notice.

 

3.  The labor agreement does not address the ability of employees to sign up as alternates for vacation slots that have already been taken. Bureau practice allows alternates to backfill vacation slots that have already been taken during the semi-annual sign up, provided the slot is cancelled or vacated with at least 72 hours notice.

 

4.  The parties desire to resolve the grievance by way of compromise and settlement.

 

AGREEMENT

1.  Article 11.8 shall be modified as follows:

 

The parties agree that employees shall be able to schedule Annual Leave at times other than the semi-annual leave sign-up as follows:

a.  With a minimum of one month 72 hours and maximum of two months notice, employees shall be allowed to schedule Annual Leave up to the number of annual leave slots assigned to their shift or combined shift;

b.  With a minimum of seventy-two (72) hours notice, one employee per shift or combined shift shall be allowed to schedule Annual Leave provided, no other employee on his/her shift or combined shift is signed-up for that period of time.

c.  When a vacation slot is reopened within 30 days of the slot, the slot will remain open up to 72 hours prior to that date. The employee who moves to a new shift may sign up for any open vacation prior to the beginning of the new shift as provided for in 10.3.6. Newly certified ECOTs original vacation bids will be honored on their new shift.

 

2.  The amendment to Article 11.8 shall sunset June 30, 2003.

 

3.  The bureau shall continue its current practice of allowing employees to sign up for vacation slots under Article 11.8. The bureau shall not be required to grant vacation requests to alternates if the vacation slot is cancelled or vacated with less than 72 hours notice.

 

4.  The grievance dated July 5, 2000, will be withdrawn with prejudice.

 

5.  Excluding paragraph three above, this agreement is entered into by the parties on a non-precedent setting basis and neither party shall use the fact of settlement or documents associated with it as evidence for any purpose in future discussions.

 

6.  This agreement is subject to approval by City Council and becomes effective upon adoption by City Council.

 

 

For AFSCME:

Susan Skites, Business Agent  05.23.2002

Nancy Wilson, Chapter Chair  05.23.2002

 

For the City of Portland:

Carl Simpson, Director, BOEC  05.23.2002

Yvonne L. Deckard, Director BHR  05..23.2002

 

Approved as to form:

Catherine Riffe, Dep. City Attny.  04.29.2002