UNFAIR LABOR PRACTICE COMPLAINT- - PAGE 1

UNFAIR LABOR PRACTICE COMPLAINT

PARTIES

1. Portland Fire Fighters’ Association, Local 43, IAFF (“PFFA” or

“Union”) is a labor organization within the meaning of ORS 243.650(13).

2. PFFA is the exclusive bargaining representative of a bargaining unit

of sworn personnel working in the Fire Bureau of the City of Portland.

3. The City of Portland ("City") is a public employer within the meaning

of ORS 243.650(20).

4. The Union and the City have been parties to collective bargaining

agreements going back many years. The most recent agreement expired on or

about June 30, 2016.

5. The parties began bargaining for a successor agreement on or about

April 1, 2016. They met for table bargaining on 27 occasions from April 1 to

December 20, 2016. They held three mediation sessions on January 1, 30 and

February 12, 2017. The parties exchanged final offers on March 24, 2017 and

filed their last best offers on or about August 29-30, 2017.

6. The parties engaged in a interest arbitration proceeding on or about

September 12, 13, 14, 15, 18, 19, 20, 25, 26, 29 and October 9 and 10, 2017. The

parties anticipate receiving an award from the interest arbitrator by the end of

December 2017.

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7. On or about July 4, 2013, the City Council eliminated the 25-member

Fire Bureau Dive Team, which were premium pay positions under the union

contract. The elimination of the dive team resulted in significant loss of

compensation to bargaining unit members. The dive team had been in existence

for over twenty years and its compensation was part of the status quo.

8. On or about December 26, 2013, the PFFA filed an unfair labor

practice that the elimination of the dive team was an unlawful unilateral change.

The Board did not reach the merits of the claim. That case is currently under

review before the Oregon Court of Appeals.

9. In the City’s 2015-16 Budget, the City restored funding for reduced

Dive Recue team composed of 13 members. Prior to the elimination of the team in

2013, the team had historically been composed of approximately 25 members. The

13-member Dive Team was funded for two years, from 2015-2016 to 2016-2017.

10. On or about June 8, 2017, the City voted to eliminate the Dive Team

for 2016-2017. This resulted in reduction of premium pay under the status quo

created by the expired union contract and past practice, defined as the practice

from prior to 2013 and from 2015-2017.

11. Under settled law, the City may not contract out or eliminate

bargaining unit work without bargaining. The City violated ORS 243.672(1)(e)

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when it eliminated the Dive Team in June 2017, while the parties were in dispute

resolution processes under PECBA for a successor agreement.

12. Because of the filing of the first ULP, the City knew or should have

known that reducing compensation during the negotiations and dispute resolution

period is unlawful. The City’s actions are therefore a knowing violation of the

PECBA for which a civil penalty should be awarded of $1,000. In addition, the

City has been found guilty of violating 1(e) in recent ERB cases and the violation

is therefore repetitive.

WHEREFORE, the PFFA prays for an order from the Board as follows:

1. Declaring that the City's actions violate ORS 243.672(1)(e).

2. Requiring the City to post appropriate notices of its wrongdoing at all

work sites where Dive Team members perform work;

3. Awarding the PFFA its full representation costs and filing fees to be

paid by the City and a civil penalty of $1,000 for the reasons stated herein;

4. Awarding economic relief to Dive team members deprived of

premium pay, plus interest at the statutory rate;

5. Ordering the City restore the Dive Team unless and until it completes

any necessary bargaining under PECBA;

6. Awarding such further relief as would further the purposes and

policies of the PECBA.