8g. Memo

Provisional Pay Program CBA

COMMISSION 
AGENDA MEMORANDUM                        Item No.          8g 
ACTION ITEM                 Date of Meeting                 March 12, 2024 

DATE:     February 29, 2024 
TO:        Stephen P. Metruck, Executive Director 
FROM:    Mikel O’Brien, Senior Director Labor Relations 
SUBJECT:  Authorization for the Executive Director to Extend the Provisional Pay Program to
Represented Employees Through Collective Bargaining 

ACTION REQUESTED 
Labor Relations is requesting Commission authorization for the Executive Director to extend the 
Provisional Pay program for non-represented employees to similarly situated represented
employees through collective bargaining. 
EXECUTIVE SUMMARY 
Resolution No. 3820, if approved, will establish a new Provisional Pay type for non-represented
employees. This pay type will apply in unique circumstances as determined by the Executive
Director when a subset of Port employees incur additional costs or liability associated with their
assigned in-person work location.  The Port may provide to that affected subset of Port
employees’ additional compensation to minimize (but not necessarily completely offset) such
additional cost or liability for the then-current calendar year, provided that such amounts are
within the approved budget. 
This request would allow the Executive Director to extend this benefit, through the collective
bargaining process, to similarly situated represented employees. 
JUSTIFICATION 
Authorizing the Executive Director to extend Provisional Pay as established for non-represented
employees  to  represented  employees  through  collective  bargaining  will  allow  swift
implementation of necessary  system  adjustments to ensure the  affected subsets of Port
employees may be compensated in a timely manner to offset the additional cost or liability
associated with their assigned in-person work location.


Template revised January 10, 2019.

             COMMISSION AGENDA – Action Item No. 8g                                   Page 2  of 2
Meeting Date: March 12, 2024 
DETAILS 
The 2024 Salary and Benefits Resolution includes the following recommended update to the
Salary and Benefits Policy Directive. 
Section 5 Policy Establishing Jobs, Pay Grades, Pay Ranges and Pay Rates
In Section 5.1.F., Pay Types, we recommend the addition of Provisional Pay as item (9) in the list.
This pay type, in unique circumstances as determined by the Executive Director, when a subset
of Port employees incur additional costs or liability associated with their assigned in-person work
location.   The Port may provide to that affected subset of Port employees’  additional
compensation in the form of a one-time lump sum payment or multiple periodic payments to
minimize (but not necessarily completely offset) such additional cost or liability for the thencurrent
calendar year, provided that such amounts are within the approved budget.
This new program could be extended to similarly impacted represented employees through a
negotiated  Memorandum  of  Understanding  with  their  respective  collective  bargaining
representative. 
FINANCIAL IMPLICATIONS 
The financial implications can vary depending on the offset that is authorized by the Executive
Director and negotiated with the respective bargaining representatives. 
ATTACHMENTS TO THIS REQUEST 
None. 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS 
February 27, 2024 – The Commission was briefed at Executive Session 
March 12, 2024 – The Salary and Benefits Resolution precedes this requested action on the
March 12, 2024, Agenda. 






Template revised June 27, 2019 (Diversity in Contracting).



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