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Top Secret Portland Police Self-Oversight: Perversion of the Union

Top Secret Portland Police Self-Oversight: Perversion of the Union

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Published by mary eng
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Published by: mary eng on Jul 28, 2013
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11/08/2013

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Oregon Office021 N.E. BROADWAYPORTLAND, OR 97232ELEPHONE: 866.697.6015FACSIMILE: 503.210.9847laska Office00 W. INTERNATIONALIRPORT RD.NCHORAGE, AK 99518ELEPHONE: 866.697.6015FACSIMILE: 503.210.9847MICHAEL J. TEDESCO*miketlaw@miketlaw.comSARAH K. DRESCHER*sarah@miketlaw.comJULIE A. FALENDER* julie@miketlaw.comANIL S. KARIA***anil@miketlaw.comNICOLE L. MCMILLAN*nicole@miketlaw.comKATELYN S. OLDHAM**katelyn@miketlaw.comDAVID A. SNYDER, OF COUNSEL**dsnyder@snyderandhoagllc.comLANE TOENSMEIER, OF COUNSEL *lane@snyderandhoagllc.com* Admitted in OR** Admitted in OR, WA*** Admitted in OR, WA, AK
 
HAND DELIVEREDJuly 26, 2013Employment Relations Board528 Cottage Street NE, Ste 400Salem, Oregon 97301-3807Re:
 Portland Police Association v. City of Portland
Unfair Labor Practice Complaint; Filing FeeDear Sir/Madam:I represent the Portland Police Association. I have enclosed the original and threecopies of an unfair labor practice complaint for filing, along with the $300.00 filing fee. Please contact me with any questions or concerns.Sincerely, Anil S. KariaEnclosuresCopy via email: PPA Mark Amberg 
 
 
INSTRUCTIONS
: File the
original and three copies
of the complaint and allattachments and the
$300
 filing fee with the Board at:528 Cottage St NE, Suite 400Salem, Oregon 97301-3807Phone 503-378-3807
STATE OF OREGONEMPLOYMENT RELATIONS BOARD
UNFAIR LABOR PRACTICE COMPLAINTPublic Employment
For Board Use OnlyCase No. ________________Date Filed _______________
COMPLAINANTName, address, phone number, and e-mail addressPortland Police Association1313 NW 19th Ave.Portland, OR 97201503-225-9760COMPLAINANT’S REPRESENTATIVEName, address, phone number, and e-mailaddress, if applicableAnil S. KariaTedesco Law Group3021 NE BroadwayPortland, OR 97232866-697-6015 x705anil@miketlaw.comRESPONDENTName, address, phone number, and e-mail addressCity of Portland1221 SW Fourth Ave.Portland, OR 97201503-823-3588RESPONDENT’S REPRESENTATIVEName, address, phone number, and e-mailaddress, if applicableMark AmbergCity Attorney's Office1221 SW Fourth Ave., Rm 430Portland, OR 97204503-823-4047mark.amberg@portlandoregon.govComplainant alleges that Respondent has committed an unfair labor practice under ORS 243.672(1)(e) and (f) of the Public Employee Collective Bargaining Act. The following is a clear and concise statement of the factsinvolved in each alleged violation, followed by a specific reference to the section and subsection of the lawallegedly violated. (For each claim, specific dates, names, places, and actions. Attach copies of main supportingdocuments referred to in the statement of claims.)
 
Page 1 of 8 - ComplaintBackground1.
 
Complainant Portland Police Association ("PPA") is a labor organization within the meaning of ORS 243.650(13).2.
 
Respondent City of Portland ("City") is a public employer within the meaning of ORS243.650(20).3.
 
The PPA and City are parties to a collective bargaining agreement that expired on June 30, 2013.The parties are currently in negotiations over a successor agreement.4.
 
To date, the parties have met and bargained for five sessions on January 15, 2013; February 28,2013; March 13, 2013; March 27, 2013; and June 26, 2013.5.
 
During the first two bargaining sessions, the parties exchanged ground rules proposals. One of the topics was whether the parties' bargaining sessions would be open to the public. The partieswere not able to reach agreement on the issue of public bargaining or on any ground rules at all.The parties abandoned their ground rules discussions and proceeded to exchange contractproposals, in part because ground rules and other procedures to be used in negotiating acollective bargaining agreement are permissive subjects of bargaining.
See OPEU v. State of Oregon, Executive Dep’t,
14 PECBR 746, 765–767 (1993).6.
 
All five of the parties' bargaining sessions were held at the PPA. The parties discussed andthrough their course of conduct agreed that those sessions would be private, limiting the sessionsonly to the PPA's and City's bargaining teams. Neither the public nor off-duty PPA memberswere allowed in the sessions.7.
 
At the close of the parties' bargaining session on June 26, 2013, the PPA's lead negotiator, AnilKaria, asked Jerrell Gaddis, the City's lead negotiator, about when future bargaining sessionswould take place. Mr. Gaddis stated that the next bargaining session would be on City property

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