City Says It May File Complaint Against AFSCME for “Contract Violations”

The city alleges the union held two pickets but branded them as “practice pickets.”

IMG_7931 An Oregon AFSCME member attends the Labor Day picnic at Oaks Park in 2019. (Wesley Lapointe) (Wesley Lapointe)

The Portland City Council says it will consider filing an unfair labor practice complaint next week against the city’s largest union, alleging contract violations by the American Federation of State, County and Municipal Employees, which represents over 1,000 city of Portland employees.

On Friday morning, city officials alleged AFSCME engaged in two pickets this fall before the expiration of its contract, which is set to expire on Dec. 31. Picketing, the city says, isn’t allowed while the contract is still in place. (According to the city, the alleged pickets in October and November were dubbed “practice pickets” by union leadership. The city says it filed a grievance with ASFCME for both instances, which is a much smaller step than filing an unfair labor complaint.)

The city and AFSCME have been in bargaining for more than six months, but have yet to agree on new contract terms. Mediation—usually one of the last steps before a union weighs a strike—is scheduled to begin on Dec. 12.

In a statement, AFSCME chapter president Rob Martineau said the City Council’s proposal is a “distraction from the failure of the outgoing council to negotiate a fair contract with its largest employee bargaining unit.”

“AFSCME Local 189 has spent more than seven months working to secure a contract that would recognize the important work performed by AFSCME members and allow the city to continue to attract and retain the talented workforce this city deserves,” Martineau said. “AFSCME Local 189 calls on the council not to punch down at those who do the work and focus on the important work at the bargaining table.”

The first “practice picket,” according to the city, took place outside of a Portland Water Bureau facility on Oct. 9. The city’s human resources department sent a letter to AFSCME leadership on Oct. 24, warning it to cease any contract violations. The city says the second “practice picket” took place outside of a Portland Police Bureau precinct on Nov. 4. An attorney representing AFSCME wrote in an email to city leadership on Oct. 4, five days before the first alleged picket, that “There will be no attempt or desire to stop or discourage anybody from entering or exiting the building.”

City Council will weigh this Wednesday whether to file the complaint.

Mayor Ted Wheeler this fall warned all bureaus—save for public safety bureaus—that they would need to prep budgets with a 5-8% budget reduction ahead of a tight financial year. Currently three union contracts are being re-negotiated with the city of Portland. Two of them expire Dec. 31.

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