RESOLUTION NO.  36298          

Declare support for workers’ freedom to form unions and urge Congress to pass Employee Free Choice Act (Resolution).

WHEREAS, employees’ rights to form or join a union should continue to be protected by federal and state laws; and

WHEREAS, federal and state law does not adequately protect the rights of Oregon workers and farm workers’ to organize nor do federal and state laws require employers of Oregon farm workers to collectively bargain, and

WHEREAS, a significant number of employees who attempt to organize unions face substantial barriers and suffer harmful consequences, including unlawful termination, required attendance at company sponsored anti-union presentations, direct confrontations from supervisors and threatened plant closures; and

WHEREAS, the Portland City Council does not believe that this represents a free and fair process to determine whether or not a majority of workers support forming a union; and

WHEREAS, on January 29, 2003 City Council adopted Resolution 36119 supporting unionization efforts by working people in our community who seek improve their working conditions; and calling on all employers within our community to permit employees to freely choose whether to unionize; and

WHEREAS, the proposed federal legislation entitled "Employee Free Choice Act" ensures that when a majority of employees in a workplace decide to form a union they can do so fairly and are able to quickly access bargaining and dispute resolution mechanisms for their first collective bargaining agreement; and

WHEREAS, it is in the best interest of this City to ensure free and fair processes for unionization, as unionized workers have consistently maintained a higher level of wages, benefits and working conditions.

NOW, THEREFORE, BE IT RESOLVED, that the Portland City Council urges Congress to vote in support of the Federal “Employee Free Choice Act”; and

BE IT FURTHER RESOLVED, that the Portland City Council urges the Oregon Legislature to adopt constitutionally sound legislation that mirrors the proposed federal “Employee Free Choice Act” and amend the Oregon Public Employee Collective Bargaining Act and other state collective bargaining laws that apply to private employers in Oregon to allow for certification of a bargaining representative upon a showing of signed authorization cards of a majority of workers; require bargaining; establish mediation and binding arbitration mechanisms to resolve disputes regarding the first collective bargaining agreement; and increase the penalties for unfair labor practices involving employees who are attempting to organize or obtain their first collective bargaining agreement; and

BE IT FURTHER RESOLVED, that the Portland City Council urges the Oregon Legislature to adopt legislation that extends these protections to Oregon farm workers.

Adopted by the Council, March 09, 2005

Commissioner Randy Leonard

Commissioner Sam Adams        GARY BLACKMER

Stacy Chamberlain          Auditor of the City of Portland

March 1, 2005            By /S/ Susan Parsons

             Deputy

BACKING SHEET INFORMATION

AGENDA NO. 158-2005

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36298