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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (March 16, 2012)
Labor commissioner sides with Fire Fighters in overtime pay dispute Local Motion February 2012 A list of Oregon and Southwest Washington workplaces deciding whether to be union-represented – as reported by the National Labor Relations Board and the Oregon Employment Relations Board. Voting in union elections Date Workplace (Location) Union Yes No No unionization elections were reported for Oregon/SW Washington in February 2012. Requesting a union election Workplace (Location) Union Number of workers in unit Lafarge North America cement terminal (Vancouver) Boilermakers Local D-37 McCormack Coil refrigeration factory (Lake Oswego) Teamsters Local 162 St. Charles Medical Center (Bend) SEIU Local 49 DECERT Dyno Nobel chemical factory (Deer Island) AWPPW DECERT 3 17 597 24 L EGEND : workers will be union-represented DECERT : workers will be on their own : A decertification election occurs when some union-represented workers declare that the union no longer has majority support. A ‘yes’ vote is a vote for the union. GRANTS PASS — The City of Grants Pass has been ordered by the Oregon Bureau of Labor and Indus- tries (BOLI) to include vacation and sick leave when computing overtime pay for firefighters. The City also must pay back overtime wages to 24 fire- fighters — members of the Interna- tional Association of Fire Fighters Lo- cal 3564 — to correct up to two years (the maximum allowed) of miscalcu- lated pay. The cost is estimated to be $30,000. The union filed a wage claim with BOLI in February 2011 after discover- ing state statutes that set working hours and that established a method of com- puting overtime pay for firefighters. “We didn’t know the laws even ex- isted,” union President Michael Fazio told the Labor Press. Some members brought it to Fazio’s attention late in 2010 after at- tending an HR officers class. The statute has been on the books since 1959, with amendments made in 1969. And new journeymen Because a labor commissioner’s de- termination carries legal weight in all state jurisdictions, the ruling poten- tially impacts other fire departments in Oregon. It is not known how many ju- risdictions or individual firefighters may be impacted, though Fazio said at least five other Fire Fighter locals are planning to file similar wage claims. Workers with questions about proper calculation of overtime should contact the Oregon Wage and Hour Di- vision at 971-673-0761 or go online at http://www.oregon.gov/BOLI/WHD/co ntact_us.shtml. Broadway Floral for the BEST flowers call 503-288-5537 1638 NE Broadway, Portland Gradine Storms, Principal Broker Bricklayers recognize longtime members Bricklayers and Allied Craftwork- ers Local 1 in Portland held its annual pin awards and apprentice graduation dinner Feb. 25. Guest speakers were Oregon Congressman Kurt Schrader (D-5th District), and Multnomah County Commissioner Judy Shiprack. Sixty-year pins were presented to Stan Cliett, Chester Dutton, Eugene Forsberg, Melvin Morrow, Bruce Plumb and H. Edward Stelting. A 50-year pin went to John Schell, with 40-year pins awarded to Ray- “I asked the City about it, and they said, ‘you’re right. We’ll make it right.’ Then they changed their mind,” Fazio said. The City argued before BOLI that a more recently enacted law governing overtime for public employees (the 1973 Public Employees Collective Bargaining Act, giving public employ- ees the right to collectively bargain for the first time) trumped the firefighter- specific statute. It also asserted that language in their collective bargaining agreement with the Fire Fighters ad- dressing overtime pay eclipsed the law. Labor Commissioner Brad Avakian rejected that analysis, ruling in favor of the firefighters, stating that they should be paid overtime wages based on their total regular duty hours, including au- thorized vacation and sick leave, as set forth by the state statutes. The City of Grants Pass has as filed a petition with the state Court of Ap- peals to review the decision as it con- tinues to calculate overtime pay incor- rectly, Fazio told the Labor Press. mond Cain, Michael Garvin, Ron Moore, Wes Swanger, William Wayne Terry, and Dan Wildenberg. Receiving 25-year pins were Gary E. Brown, Brad Cram, Jay Cram, Lance Howard, Edward Shane O’Neill, Dennis Price, and Brent Win- zler. Graduating from the three-year ap- prenticeship program were new jour- neymen John Lambert and Shane Salchenberg. Handing out the awards were Busi- ness Manager Matt Eleazer, Appren- ticeship Coordinator Shawn Lenc- zowski, and Business Agent Mike Ti- tus. RE/MAX equity group Cell/Text 503-495-4932 grady@gradystorms.com Local Real Estate market shows upward trend in pending sales, while interest rates remain ultra-low. K NoW Y our r igHTS I F yOU ARE HURT ON THE JOB , yOU HAVE THE RIGHT TO CHOOSE yOUR DOCTOR . y OUR EMPLOyER CANNOT FORCE yOU TO USE A CERTAIN DOCTOR OR FACILITy . Forty-year pin recipients (holding plaques) are from left to right: Wes Swanger, Raymond Cain, and Ron Moore. Bricklayer and Allied Craftworkers Local 1 officers handing out the awards are Business Manager Matt Eleazer (left), Apprenticeship Coordinator Shawn Lenczowski (center), and Business Agent Mike Titus (right). PAGE 12 NORTHWEST LABOR PRESS MARCH 16, 2012
