Portland City Council on Dec. 4 approved legal action against a city union for holding protests outside city facilities.
American Federation of State, County and Municipal Employees (AFSCME) Local 189 represents 1,100 city workers and is currently in bargaining to replace a contract that expires Dec. 31, 2024. To signal and get ready for possible strike action next year, Local 189 held “practice pickets” Oct. 9 at a water bureau facility and Nov. 4 at the police bureau’s central precinct headquarters.
Local 189 members and supporters from other city unions didn’t block building entrances as they marched, chanted, and ate pizza at the peaceful demonstrations, AFSCME Local 189 secretary-treasurer Chris Richard told the Labor Press.
“This is our attempt to show the city that we are serious about this, that they need to come to the table in a good faith,” Richard said.
But AFSCME Local 189’s current collective bargaining agreement with the city bars strikes, picketing and lockouts while it’s still in effect. City officials say the practice pickets are still pickets and therefore violate the contract.
The Office of the City Attorney asked the city council for permission to file an unfair labor practice (ULP) complaint against Local 189 with the Oregon Employment Relations Board.
“Whether you call it a practice or not a practice, you’re picketing,” deputy city attorney Heidi Brown told city council members at their Dec. 4 meeting.
Mayor Ted Wheeler voiced frustration with the practice pickets and seemed to address union leaders in the room, including Local 189 president Rob Martineau.
“You received fair warning from the city that it was a violation, and then you did it anyway. And now you’ve put this council in a position where we either go back on our word, where we were explicitly clear, or we hold you to account,” Wheeler said. “If we start allowing one collective bargaining unit to ignore the black and white language of the contract, that’s passively granting permission to all of our collective bargaining units to do the same — and frankly, it gives the city permission to do likewise.”
After the discussion, Wheeler and city commissioners Rene Gonzalez and Mingus Mapps voted to allow the city attorney to file unfair labor practice charges against the union.
City Commissioner Dan Ryan, the only current city council member who will be part of the new council in January, was the lone vote against it. Several newly elected city council members also attended to watch the discussion.
“We have gaps between labor, what outside contractors want, and what we can afford at this time in our city’s history. We must come together and be trusted partners,” Ryan said. “For the purpose of communication in good faith, I vote no.”
As of Dec. 17, when this issue went to press, the state labor board had not received a ULP from the city. During the city council meeting, the city attorney said city human resources director Tracy Warren had been working to resolve the issue internally without filing a ULP. Warren filed a grievance against the union on Nov. 8. A grievance is an internal dispute process spelled out in the union contract, whereas a ULP would be filed with the state board that oversees labor relations for public employees.
