Portland Public Schools denied custodians request for disaster pay following historic snowstorm in Feb. Credit: File photo by Aurora Biggers
Portland Public School custodians are seeking arbitration against the district after denying workers’ disaster pay request for working during the historic snowstorm in February.
Clint Devia is one of several PPS custodians who found themselves stuck on the road amidst historic snowfall and ice in the city Feb. 22.
After the district told them to clock out early due to inclement weather, Devia said they were on the road for seven hours trying to get home — typically a 15-minute trip from Ida B. Wells High School, where they work, and their northeast residence.
The freeways ground to a halt in and around the city, and Multnomah County declared a state of emergency as the temperatures dropped and moisture on the roads caused freezing conditions for the next couple of days.
“I was forced into a situation where I had to sleep in my car in 25-degree weather,” Devia said.
A photo from a PPS custodial staff showing conditions in which many workers said they were stuck or spent several hours trying to get home from work on Feb. 22 due to dangerous roads.
After the Oregon Department of Transportation told Devia they didn’t know when they’d be able to clear the roadways but that if they left their car, it would incur up to a $700 impound fee, Devia was stuck for two days before nearby neighbors helped push trapped cars back onto the road.
PPS told Devia and other workers who didn’t clock in the next two days that the district wouldn’t pay them for their cut hours Feb. 22 or for missing work Feb. 23 or 24, despite Portland schools being closed those days. Instead, workers had to choose between using their paid time off or going unpaid.
In some cases, the district didn’t notify workers of the state of emergency or their ability to go home, resulting in hours spent in unsafe travel conditions or exorbitant costs to get home, according to the union.
“There was no district-wide notification telling custodians to leave early,” Gabe Penk, custodian and shop steward, said. “Most of us didn’t even get notified by our managers about the option to leave early … Some of us were just given the ‘option’ to do so if we were willing to sacrifice personal/emergency or vacation leave.”
The district said it wouldn’t give disaster pay — double-pay — to custodians who did show up for work.
Now, Service Employees International Union 503 Local 140 is seeking arbitration against the district, alleging the refusal of disaster pay violates the workers’ contract.
Violation of contract
After the district told workers they wouldn’t receive disaster pay, Penk and his coworker Aubz Headrick filed a group grievance March 7.
On March 16, the custodians rallied outside PPS district headquarters at the Prophet Education Center to make their grievance known to the district and the community.
They allege the district violated their contract and requested disaster pay for custodians who worked during the snow days. They are also requesting the district offer regular pay for custodians and nutrition services workers who couldn’t make it to work and reimbursements for those who used their paid time off or had extra expenses for their commute to work.
“We have already heard from 15 members reporting costs which total over $6,000 for Uber fees, car repairs and other damages,” Penk said.
The district said it was aware that many PPS workers were stuck while commuting and said it compensated SEIU workers impacted by the inclement weather.
Penk said the union’s not aware of any compensation for workers impacted by the weather.
The contract, signed by the union and the district in Sept. 2022, states workers qualify for disaster pay when: “A state of emergency is declared by the City of Portland, Multnomah County, the State of Oregon, or the federal government, in which the area covered by the emergency declaration includes the service area of Portland Public Schools; and PPS has declared an All PPS Closed day, which includes Blanchard Education Service Center/central operations.”
The union argues PPS owes workers disaster pay because Multnomah County commissioners declared a state of emergency between Feb. 22 and Feb. 26, and closed school buildings.
In an email to the union, Facilities Director Frank Leavitt said the district wouldn’t offer disaster pay, as “central operations is still operating as are all employees on Hybrid or Remote work agreements.”
Penk said the union believes the district is using a loophole by saying that workers do not qualify for disaster pay if the district building or “central operations” is still open.
The rub, Penk said, is that central operations can include custodial staff.
“It creates a kind of circular reasoning that since we are ‘central operations’ and required to work during snow days, we are then disqualified from disaster pay in the case of a state of emergency,” he said.
The district maintains its decision to deny disaster pay is in line with the contract language.
“The health and safety of our students and staff is our utmost priority,” Sydney Kelly, PPS communications specialist, told Street Roots. “Decisions made and actions taken during inclement weather are entirely consistent with the current SEIU contract. We value all of our employees and will continue to adhere to all existing agreements.”
Penk said the district’s denial of its request is disrespectful and negligent. Headrick argued the district placed workers in an unsafe situation with its ultimatum.
“Workers should not be forced to choose between using PTO or making a hazardous trip to report to work,” Headrick said. “If we are expected to work in all conditions, the least the district can do is honor our contract and give us disaster pay.”
The district legally needed to respond to the union within one week of the union meeting with upper management May 1 about its grievance. However, the district failed to respond within the time frame, giving the union the power to escalate the grievance to arbitration.
‘Proposed solution’
Rather than responding to the union’s grievance, PPS tried negotiating a side deal with the union to appease the workers.
On May 10, PPS senior director of employee and labor relations Genevieve Rough emailed Penk asking to talk about a “proposed solution.”
After Penk told Rough any proposal needed to go to the union collectively, Rough asked if Penk had the power to enter an agreement, saying she wanted to speak with someone who could make an agreement on behalf of the union.
Penk gave Rough the option of widely sharing the proposal or facing arbitration. Two weeks later, Rough finally emailed the proposal to Penk on May 23.
The offer: $250 for the 15 employees with expenses or damages from commuting home Feb. 22, “if the union is willing to withdraw the grievance.”
The district’s offer only totaled $3,750, significantly less than the $6,000 in travel expenses and damages the union identified. In addition, the proposal didn’t address the union’s request for disaster pay, reimbursement for paid time off or regular pay for nutrition workers.
Penk said the union is not accepting the district’s offer.
“The district continues to disregard the risks we took to come to work in a snowstorm and refuses to admit to using a loophole to deny us our rightful disaster pay as promised in our contract,” Penk said.
Penk said the union elevated the grievance to arbitration and is waiting for the state to schedule a hearing date.
In the meantime, the union is continuing to pressure the school board, which will vote on its 2023-2024 budget June 13, to allocate more funds toward workers.
The board is intending to cut 10 custodial positions for the next school year, Penk said.
Additionally, the union is in negotiations for the workers’ next contract. One priority workers have is removing “central operations” from the disaster pay language, so the district can’t attempt to use the same “loophole” in the future.
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