City of Portland Violates Existing Conditions Clause

In late 2009, the Portland Police Chief attempted to change well-established policies related to flex time for Police Commanding Officers union. The City refused to negotiate the changes. Hank Kaplan, representing the union, brought a grievance against the employer for violation of past practice and existing conditions language in the union contract. The City asserted that the practice was not approved by the elected officials, and that a prior settlement had waived the union’s right to file a grievance. The Arbitrator ruled that the prior settlement did not waive a grievance, and then sustained the union’s grievance. The employer was ordered to rescind the change and reinstate the past practice.