LABOR AGREEMENT - AFSCME LOCAL 189 AND PORTLAND BUREAU OF TRANSPORTATION - SCHEDULING PARKING ENFORCEMENT OFFICERS ON DAY AFTER THANKSGIVING - LETTER OF AGREEMENT

Binding City Policy
BCP-BHR-17.47

PURPOSE

Section 1. The Council finds:

1.  The City and the District Council of Trade Unions (DCTU), of which the American Federation of State, County and Municipal Employees (AFSCME), Local 189 is a member, are parties to a collective bargaining agreement effective July 1, 2010 to June 30, 2013.

2.  AFSCME, Local 189 is the sole and exclusive collective bargaining agent for the classification of Parking Code Enforcement Officer (Officer) at the Portland Bureau of Transportation (PBOT), Parking Enforcement Division (Division).

3.  Article 15.1 of the DCTU labor agreement recognizes Thanksgiving as a paid holiday. The Division also permits as many Officers to observe the day after Thanksgiving as a holiday as business operations permit.

4.  On or about July 29, 2012, the City and AFSCME, Local 189 entered into a Letter of Agreement (LOA) that allows the Division to change an Officer’s scheduled working hours on the day after Thanksgiving to meet staffing needs. The LOA provides that any such change may be made without regard to the schedule change notification and/or duration requirements in Article 7.1 and the emergency shift change premium in Article 7.4 of the DCTU labor agreement.

5.  In accordance with the LOA, when an Officer is regularly scheduled to work on the day after Thanksgiving between the hours of 0930 and 1200 hours and voluntarily changes his/her work starting time, the Officer shall not receive the shift premium.

6.  In accordance with the LOA, if regularly scheduled to work on the day after Thanksgiving, an Officer may change his/her work starting time by seniority, if qualified for the assignment.

7.  In accordance with the LOA, if required to change his/her shift assignment on the day after Thanksgiving, an Officer will receive second shift premium pay, regardless of shift starting time. Such required shift assignments will be assigned according to the least senior qualified Officer.

8.  Funding for the pay consistent with the LOA is de minimis and is included in the current service level budget for PBOT.

POLICY

NOW, THEREFORE, the Council directs:

a.  The LOA attached hereto as Exhibit A is hereby ratified by this Council.

b.  PBOT is authorized to fund the pay for the Officers consistent with the LOA within current service level budgets.

c.  This Ordinance is binding City policy.

Section 2. The Council declares that an emergency exists because delay would create problems in determining pay for Parking Code Enforcement Officers on the day after Thanksgiving; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Link to Exhibit A - Letter of Agreement  (PDF Document, 1007 kb)

HISTORY

Emergency Ordinance No. 185601, passed by City Council and effective September 5, 2012.