SUPPLEMENTAL AGREEMENT
Between the
City of Portland (City) and the Portland Fire Fighters Association (PFFA)
1. The City and the PFFA have reached this supplemental agreement in order to resolve a dispute involving the data entry of inspection results performed by company personnel under the company inspection program recently agreed to between the parties as part of the 02-05 PFFA successor labor agreement.
2. Each of the signatories below agrees that they will support the agreement and that they will actively campaign for and recommend ratification of this agreement to their constituencies. Further, each of the signatories below will request each member of their respective bargaining teams and Executive Boards to do the same.
3. This supplemental agreement shall be included as an amendment to the 02-05 PFFA successor labor agreement to be ratified by the Portland City Council November 13, 2002.
4. If the City Council ratifies the 02-05 PFFA successor labor agreement and this supplemental agreement, the PFFA shall take this supplemental agreement to its membership for ratification.
5. The City and PFFA agree that neither will file a ULP or grievance over the outcome of the vote by City Council or PFFA membership concerning ratification of the 02-05 PFFA successor labor agreement and this supplemental agreement.
6. The parties agree that their mutual goal is to work on ensuring the success of the program and evaluate the methods of data entry without arbitration, etc. for the term of the contract. The parties agree that the Labor Management Committee shall be the forum to discuss issues and concerns regarding the assignment of data entry or training associated with the company inspection program. The parties further agree that nothing in this supplemental agreement modifies or in any way changes Article 3, Management Rights including the right of management to assign work.
7. The City will make its best effort to implement the new Schedule “A” and longevity pay rates effective the pay period beginning December 19, 2002. If possible, the retroactive wages due for the year beginning July 1, 2002 through December 18, 2002 will be paid on January 23, 2003. These dates are estimates only due to the requirement that the settlement be ratified by the Portland City Council and the PFFA membership and to ensure enough time from the completion of the ratification process for payroll staff to process the necessary changes. The retroactive portion of the increase will be paid as a separate check and is subject to required deductions for supplemental pay.
For the PFFA: | For the City of Portland: |
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Tom Chamberlain, President | Yvonne L. Deckard, Human Resources Director |
Date: | Date: |
Approved as to Form: | Approved as to Form: |
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Monica A. Smith, Attorney at Law Smith Gamson Diamond & Olney | Lory Kraut, Deputy City Attorney Office of the City Attorney |
Date: | Date: |
November 12, 2002
ARTICLE X, COMPANY INSPECTIONS
1. Upon ratification of this Agreement, the City may resume the implementation of a the company inspection program that was implemented in 2001, as further modified by this agreement. For the remainder of the fiscal year following ratification, company inspections shall be limited to no more than 50 inspections per year/per shift/per company. Effective January 1, 2003, the City shall transition from a hydrant testing program to a hydrant survey program.
2. Effective July 1, 2003, company inspections shall be limited to no more than 60 per year/per shift/per company.
3. Effective July 1, 2004, company inspections shall be limited to no more than 72 per year/per shift/per company, for a total of 8,856 inspections annually. In addition, the City and Association agree to a cap of 9,225 inspections annually, the balance to be performed by non-company bargaining unit personnel.
4. Company inspections shall include those duties, including data entry, normally performed by the Prevention Division in occupancies of the type to be included in the Company Inspections program. However, r Re-inspections shall be limited to no more than one per occupancy.
5. During the term of this agreement, data entry duties normally performed by the Prevention Division in occupancies of the type to be included in the company inspection program will be assigned by management utilizing a balanced approach based on the following three options for accomplishing the data entry work:
a. data entry by company personnel at the fire station;
b. data entry by company personnel utilizing “hand held” technology as equipment becomes available;
c. data entry by other bargaining unit personnel, including but not limited to light duty personnel.
6. The parties agree that the Labor Management Committee shall be the forum for the parties to discuss and resolve issues regarding the assignment of data entry or training associated with the company inspection program, including adjustment to the balance between the options listed in 5. Should the Labor Management Committee determine that any one of the three options is impracticable during the life of the contract, the parties agree that the data entry work will be accomplished by bargaining unit personnel as assigned by bureau management utilizing the remaining option(s).
7. Upon expiration of this contract, the parties, through the Labor Management Committee, will evaluate the options for future performance of data entry for company inspection. The parties agree that each retains the right to bargain over the issue of data entry for company inspection in the successor to this contract to the extent that it is a mandatory subject of bargaining.