City workers today filed three Unfair Labor Practices (ULP) against the City of Portland. The American Federation of State, County and Municipal Employees (AFSCME) Local 189 representing nearly 1,100 City workers filed the litigation on behalf of its members.
The three ULP’s cite a number of violations of the Public Employee Collective Bargaining Act (PECBA). The charges include: including retaliation and coercion of Union officials and members; interference with Union administration; bargaining in bad faith; making unilateral changes in mandatory subjects of bargaining; and failure to provide information in a timely manner.
Unfair Labor Practice One:
The first ULP cites numerous cases of retaliation and coercion of Union officers and members in the Portland Police Bureau and Portland Water Bureau. Under PECBA it is illegal to attack and/or retaliate against a Union officer or member in the exercising of their rights under PECBA or the collective bargaining agreement. In addition, the ULP charges the City acted in bad faith in their failure to reduce agreements to writing through the City’s Labor-Management process.
Unfair Labor Practice Two:
The second ULP cites numerous violations of PECBA related to the reorganization of the Bureau of Development Services. These charges include the transfer of work out of the bargaining unit, making other changes affecting mandatory subjects of bargaining without bargaining its impacts or effects, and failure to provide information in a timely manner.
Unfair Labor Practice Three:
The third ULP cites numerous violations of PECBA related to the reorganization of the Portland Police Bureau and most specifically the elimination of the Police Bureau Information & Referral Unit. The ULP charges the City violated PECBA by transferring work to lower-paid bargaining and non-bargaining unit members and without bargaining in good faith and providing the Union information related to the changes and finally making unilateral changes in mandatory subjects of bargaining.
The ULP’s do not address nearly sixty (60) contract violations recorded by the Union related to the SAP computer system conversion and/or numerous wage and hour complaints the Union is investigating relating to SAP.
Download:
ULP Retaliation complaint with cover.pdf
ULP Complaint BDS.pdf
ULP Complaint PPB 2009.pdf