ORDINANCE NO. 178688

*  Authorize the Director of the Bureau of Human Resources and the Director of the Bureau of Maintenance to execute a settlement agreement between the City and LIUNA Local 483 relating to the settlement of four class action grievances filed on February 27, 2004 (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  LIUNA Local 483 filed four “class action” grievances on February 27, 2004 alleging that City had violated multiple terms of the Labor Agreement.

2.  Circumstances leading to said grievances arose during the “New Years Snow Storm Event” during which time many of the involved employees were engaged in keeping City streets open for public safety and commerce during a serious and unpredictable winter storm.

3.  Subsequent to filing the referenced grievances, representatives of the City and LIUNA Local 483 met multiple times and worked collaboratively to mutually research the facts and circumstances associated with the grievances.

4.  As a result of the joint research efforts, LIUNA Local 483 agreed to withdraw one grievance and to settle the other three grievances.

5.  The parties agreed to settle a grievance based on alleged violations of Clause 7.4, referred to as the “Scheduling Grievance,” by remitting certain payments to the employees listed on Attachment A.

6.  The parties agreed to settle a grievance based on alleged violations of Clause 9.4, referred to as the “Lunch Period Grievance,” by remitting certain payments to the employees listed on Attachment B.

7.  The parties agreed to settle a grievance based on alleged violations of Clause 10.4.1, referred to as the “Stand-By Grievance,” by remitting certain payments to the employees listed on Attachment C.

NOW, THEREFORE, the Council directs:

a.  The Director of Human Resources and the Director of Maintenance to execute the settlement agreement referenced herein.

b.  Said contract to conform to the provisions in the draft Labor Agreement attached to this Ordinance marked Exhibit "A" which by this reference is made a part hereof.

c.  This ordinance is a binding City policy.

Section 2.  The Council declares that an emergency exists because delay would unnecessarily delay the orderly implementation of the provisions of the settlement agreement; therefore, this ordinance shall be in force and effect from after its passage by the Council.

Passed by the Council,  August 19, 2004    GARY BLACKMER

 Auditor of the City of Portland

Mayor Katz            By /S/ Susan Parsons

Yvonne L. Deckard              Deputy

August 18, 2004  

BACKING SHEET INFORMATION

AGENDA NO. 995-2004

ACTION TAKEN: August 18, 2004 CONTINUED TO AUGUST 19, 2004 2 PM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178688