LABOR AGREEMENT - LABORERS' LOCAL 483 - PROTECTED SICK LEAVE TIME FOR SEASONAL MAINTENANCE WORKERS - LETTER OF AGREEMENT
Binding City Policy
Section 1. The Council finds:
1. The City and the Union are parties to a collective bargaining agreement in effect for the period of July 1, 2013 through June 30, 2018 (the CBA). The CBA was ratified by City Council on October 1, 2014.
2. The Union is the sole and exclusive bargaining agent for the purpose of establishing wages, hours and conditions of employment for employees in the Seasonal Maintenance Worker (SMW) classification (Job Code 30000074) at the City.
3. Ordinance No.185926, approved by City Council on March 13, 2013, authorized changes to the Portland City Code (PCC) to require Protected Sick Time for employees of Portland businesses and employees of the City (the Protected Sick Time Ordinance).
4. PCC 9.01 requires employers to provide employees working within the geographical boundaries of the City with a minimum of one hour of Sick Time for every 30 hours of work performed, and up to a maximum use of 40 hours of Sick Time in a year, unless otherwise allowed by the employer.
5. The CBA provides that SMWs may accrue and use paid City Sick Time in accordance with the Protected Sick Time Ordinance.
6. Regular City employees (permanent, temporary, limited duration) accrue sick leave at a higher accrual rate and may carryover all sick leave.
7. Under the Oregon Public Employee Retirement System (PERS), the City reports to PERS the accumulated unused sick leave accruals for employees annually. For PERS purposes, the maximum sick leave accrual rate is lowest rate of accrual for any employee who is entitled to sick leave.
8. Because the City has different accrual rates for different employees, the allowed rate for PERS purposes will be based on the lower accrual rate earned by SMW bargaining unit members, which will reduce the accrued and unused sick leave accruals reported to PERS for all regular employees.
9. To avoid this result, the amount of City Sick Time a SMW may accrue and use during a calendar year will need to be increased.
10. On December 3, 2014, the City entered into a Letter of Agreement with the Union, Exhibit A attached hereto (the City Sick Time LOA).
11. The City Sick Time LOA provides that SMW bargaining unit members shall accrue City Sick Time at the rate of one hour for every 20 hours of work performed.
12. The City Sick Time LOA further provides that SMW bargaining unit members may carry over into the next calendar year up to 40 hours of unused City Sick Time.
13. The City Sick Time LOA further provides that SMW bargaining unit members may use any accrued and unused City Sick Time subject to the provisions of the City’s Human Resources Administrative Rules or applicable collective bargaining agreement; usage is no longer limited to forty hours in a calendar year.
14. Upon ratification by City Council by ordinance, the City Sick Time LOA will be effective retroactive to January 1, 2014.
NOW, THEREFORE, the Council directs:
a. The City Sick Time LOA between the City and LL483 attached hereto as Exhibit A is ratified by this Council.
b. This ordinance is binding City policy.
Section 2. The Council declares that an emergency exists in order to avoid an unnecessary delay in the orderly implementation of the provisions of the City Sick Time LOA; 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, 190 kb)
Emergency Ordinance No. 186937, passed by City Council and effective December 17, 2014.