City Auditor - City Recorder - Council Ordinance - 178688 LIUNA Local 483 class action grievances settlement contract memo

August 6, 2004

TO: Mayor Vera Katz

Commissioner Jim Francesconi

Commissioner Randy Leonard

Commissioner Dan Saltzman

Commissioner Erik Sten

City Auditor Gary Blackmer

FROM: Yvonne L. Deckard

Director, Bureau of Human Resources

SUBJECT: Grievance Settlement – “New Years Snow Storm Event”

Attached please find a Settlement Agreement between the City and LIUNA Local 483/DCTU. This Settlement Agreement resolves four grievances that were submitted on February 27, 2004 by the Local on behalf of multiple members who worked during the “New Years Snow Storm Event.” By this Settlement Agreement, Local 483 agreed to withdraw one grievance and after considerable research, the parties have reach compromise settlements on the other three grievances.

As you may recall, the City was hit with a serious and unpredictable winter storm over the week of the 2003-2004 New Years holiday period. The affects of this storm shut down many City, County and TriMet services. Yet, during the entirety of the storm members of Local 483 in the Bureau of Maintenance worked diligently to keep streets clear to support public safety response and local commerce. The research associated with this Settlement Agreement revealed that many employees experienced abrupt schedule changes, were called upon to join work crews with minimum notice, and worked straight through meal periods. Owing to the exigency of these storm related duties and schedules, the Local initiated these grievances believing that the employees that had worked hard had not been paid in accordance with various terms of the Labor Agreement.

While the parties initially disputed the applicability of certain terms in the Labor Agreement, representatives of Local 483, Bureau of Maintenance (BoM) and the Bureau of Human Resources (BHR) met on multiple occasions to review the stories and circumstances associated with this major weather-related event. There was never any question that the involved employees had demonstrated a dauntless commitment to their duties. Yet, owing to the nature of the circumstances, some of the facts and details associated with the alleged contract violations could not be absolutely validated one way or the other. In a mutual good faith effort, the parties compromised the dispute through the Settlement Agreement. The Local at a membership meeting convened on July 26, 2004 approved the Settlement Agreement. A copy of the Settlement Agreement is attached hereto.

Highlights of the Settlement Agreement include the following:

• Local 483 shall withdraw the grievance alleging violations of “vacation scheduling” provisions (Clause 15.8) of the Labor Agreement.

• Listed employees will be remitted an estimated total of $15,789.68 for alleged violations of Clause 7.4 (scheduling) of the Labor Agreement.

• Listed employees will be remitted an estimated total of $13,490.57 for alleged violations of Clause 9.4 (extended hours meal periods) of the Labor Agreement.

• Listed employees will be remitted an estimated total of $4,642.04 for alleged violations of Clause 10.4.1 (“stand by” pay) Labor Agreement.

• The total estimated cost associated with this Settlement Agreement is $33,922.27.

Recommendation

This dispute arose out of wholly unique event. While no one ever doubted the hard work and dedication of the involved employees, circumstances made it difficult to verify details and contract terms did not appear to be on point for the issues that arose. Nevertheless, the Settlement Agreement is the result of considerable bilateral research by the parties as well as a good faith effort to reach a compromise. I recommend that the City Council approve the Settlement Agreement.

Cc: T. Grewe