SETTLEMENT AGREEMENT

Commissioner Jim Francesconi’s Proposal to the City Council

This Agreement is between the City of Portland, Oregon (the “City”) and Oregon AFSCME Council 75, Local 189 (“AFSCME”).

R E C I T A L S

1.  In February 2001, AFSCME and the City began negotiations for a successor collective bargaining agreement;

2.  AFSCME designated June 13, 2001 as “Solidarity Day” for employees to show their support for AFSCME’s position in bargaining. As a show of solidarity, the majority of parking enforcement deputies in the City’s Office of Transportation (PDOT) collectively decided to issue warnings in lieu of citations for routine parking violations on Solidarity Day.

3.  Pursuant to their plan and in concerted action, on June 13, 2001, the majority of the parking enforcement deputies issued warnings in lieu of citations. Their action resulted in the deputies issuing only three percent of the citations normally generated on a given day. The deputies received Letters of Expectations regarding their conduct on Solidarity Day and in the personnel interviews that followed during PDOT’s subsequent investigation.

4.  On August 2, 2001, the City filed an Unfair Labor Practice complaint with the Employment Relations Board, Case No. UP-31-01. The City alleged that AFSCME engaged in a work slowdown on June 13, 2001, that amounted to a strike that violated the parties collective bargaining agreement and ORS 243.672(2)(d). The complaint also alleged that the slowdown violated ORS 243.726(1) and constituted unconventional strike activity in violation of ORS 243.672(2)(f).

5.  A hearing was held before an Administrative Law Judge of the Employment Relations Board (ERB) on January 17 and 18, February 22, and March 19, 2002.

6.  The Administrative Law Judge issued a Recommended Rulings, Findings of Fact, Conclusions of Law, and Proposed Order (Recommended Order) finding that AFSCME engaged in an unlawful strike; and.

WHEREAS, the City and AFSCME agree a settlement can protect the City’s and union’s interests while improving the labor / management relationship. The City and AFSCME desire to bring all pending and potential disputes regarding the unfair labor practice charge to a final resolution by way of compromise and settlement.

NOW, THEREFORE, in consideration of the mutual promises of the parties, and for good and adequate consideration, it is hereby agreed as follows:

1.  AFSCME accepts the Findings of Facts and Conclusions of Law in the Recommended Order, a copy of which is attached and incorporated by reference.

2.  AFSCME agrees, in the future, to counsel its members that, less than full, faithful and proper performance of their duties violates the Public Employees’ Collective Bargaining Act (“PECBA”) and is unlawful. AFSCME will inform its members that, in this regard, faithful service means: to the extent the members’ job requires the exercise of discretion, the members will exercise that discretion in the best interest of the City and not to gain a benefit for themselves or for AFSCME. AFSCME agrees to counsel its members that unlawful strike activity includes, but is not limited to, sit down, slow down, rolling, intermittent, or on-and-off again strikes.

3.  In the future, AFSCME will not support, condone or acquiesce in conduct that violates the no-strike clause of the collective bargaining agreement or that violates the PECBA. Moreover, AFSCME agrees to take affirmative steps to stop it.

4.  AFSCME agrees that, in the event the City brings an Unfair Labor Practice charge in the future alleging that AFSCME engaged in an unlawful strike, this Settlement Agreement may be admitted as evidence of repetitive conduct sufficient to support the City’s entitlement to civil penalties. AFSCME further agrees not to contest the admission of such evidence or to contest the proof regarding repetition.

5.  In the event AFSCME breaches this Agreement, it agrees to pay the City $10,000.

6.  In consideration of AFSCME’s promises, the City agrees to withdraw the Unfair Labor Practice charge, Case No. UP-31-01, with prejudice.

7.  The City also agrees to remove the Letters of Expectations from the personnel files of the parking enforcement deputies.

8.  Nothing in this Agreement shall be construed as limiting the City’s right to communicate with its employees.

             OREGON AFSCME COUNCIL 75,

CITY OF PORTLAND        LOCAL 189

Commissioner Jim Francesconi

Date:              Date:          

APPROVED AS TO FORM:

Lory J. Kraut, Deputy City Attorney