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International Association of Fire Fighters, Local 3564 v. City of Grants Pass

Court of Appeals of Oregon

May 7, 2014

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 3564, Respondent,
v.
CITY OF GRANTS PASS, Petitioner, and BUREAU OF LABOR AND INDUSTRIES, Respondent

Submitted August 15, 2013

Oregon Bureau of Labor and Industries. 8411.

Gregory A. Chaimov and Davis Wright Tremaine LLP filed the briefs for petitioner.

Nicole L. McMillan, Sarah K. Drescher, and Tedesco Law Group filed the brief for respondent International Association of Fire Fighters, Local 3564.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent Bureau of Labor and Industries.

Before Duncan, Presiding Judge, and Wollheim, Judge, and Schuman, Senior Judge.

OPINION

Page 1215

SCHUMAN, S. J.

This case stems from a labor dispute between the City of Grants Pass and the union that represents the city's firefighters, the International Association of Fire Fighters, Local 3564 (IAFF). The dispute centers on how the city should calculate the number of hours a firefighter has accumulated for purposes of qualifying for overtime compensation. The union relies on ORS 652.080, which mandates that, for firefighters, " authorized vacation or sick leave time shall be considered as time on regular duty[,]" and therefore count toward overtime entitlement. The city argues that the statutory requirement does not apply, because the city and the union bargained over, and agreed to, a different method of calculating overtime--a method based on actual " time worked," not including sick leave and authorized vacation. According to the city, the Public Employees Collective Bargaining Act (PECBA), ORS 243.650 to 243.782, creates a comprehensive structure under which public employee unions can negotiate terms of employment, and it supersedes the mandate of ORS 652.080. The Commissioner of the Bureau of Labor and Industries (BOLI) issued a declaratory ruling in favor of the union, and the city appeals. For the reasons that follow, we

Page 1216

agree with the commissioner and the union that ORS 652.080 applies and that the city must include authorized vacation and sick leave time when computing overtime wages for the union-represented firefighters that it employs.

The relevant facts are not in dispute. The City of Grants Pass operates a " regularly organized fire department" that employs firefighters on a full-time basis. Those firefighters are represented by IAFF. The parties have negotiated a collective bargaining agreement that specifies how overtime is to be calculated. The agreement states that " Regular Shift Employees," including firefighters, are to be compensated

" at the rate of 1 1/2 times their respective 56 hour per week regular hourly rate * * * for overtime work under the following conditions:
" 1. All time worked as a Firefighter or Fire Corporal in excess of the regularly scheduled work shift for that employee (e.g., in excess ...

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