LETTER OF AGREEMENT

(Pay Grievance & Management Leave Grievance)

This Memorandum of Agreement is entered into between the City of Portland, by and through its Bureau of Human Resources, and the Portland Fire Fighters Association (PFFA) on the date indicated below.

         Recitals

A.  The City and PFFA are parties to a Collective Bargaining Agreement effective July 1, 2007 to June 30, 2010.

B.  Historically, PF&R has paid PFFA members for hours worked outside of their regular work schedule at the overtime rate of one and a half times their pay rate, irrespective of whether the hours exceed the FLSA threshold.

C.  This practice of paying one and a half times the member’s pay rate was utilized for training, strategic planning meetings, and other management directed activities as authorized by Fire Administration.

D.  Historically, Battalion Chiefs were eligible each year to receive Management Leave for work performed during the previous year. The hours awarded were based on hours worked beyond their normal schedule hours, special assignments and success in reaching their goals.

         Agreement

1.  The City agrees to pay all bargaining unit members compensation at the FLSA overtime rate (time and one half) for all pre-authorized hours worked over and above the member’s normally scheduled shift. Hours worked for training, strategic planning meetings, and other management directed activity, will be paid at one and half times the member’s pay rate. Calltime pay rate shall not be changed by this agreement.

2.  The City is required to pay wages under Section 1 of this agreement that members would have received from date of acceptance of this agreement retroactive to September 4 2008.

3.  The City will grant Management Leave to Battalion Chiefs for 2007/2008 and the first six months of fiscal year 2008/2009. The amount of leave granted to each member will be determined by his or her participation in past training, strategic planning and other management directed activities. Additional leave for the subject period will be awarded per previously established criteria. Averaging of the previous years awarded hours shall be considered when determining total awarded hours. Thereafter, Battalion Chiefs will no longer be awarded Management Leave.

4.  The Pay Grievance dated August 29, 2008 (Diamond Law No. 3006; L/ER No. 08-077) is withdrawn with prejudice.

5.  The Management Leave Grievance dated August 29, 2008 (Diamond Law No. 3006; L/ER No. 08-076) is withdrawn with prejudice.

6.  This agreement shall become effective upon adoption by the City Council.

7.  This is the complete agreement of the parties. It is not intended to settle any grievances or claims not expressly referred to herein. The provisions of this agreement shall be incorporated as Article 8.K.3 of the parties’ labor agreement.

For the City of Portland:        For the PFFA:

________________________________    ___________________________

Yvonne L. Deckard      Date    Ken Burns, President  Date  

Director, Bureau of Human Resources

             Approved as to form:

John Klum        Date    Lory Kraut      Date

Fire Chief            Deputy City Attorney