Portland Mercuryâ˘Council Workersâ Union Complaint Alleges Loretta Smith Fired Staffer in Retaliation for Union Organizing
The newly-formed Council Alliance of Workers union is calling on city councilors to uphold their commitment to labor rights in their own workplaces.
A new union representing Portland City Council aides and operations staff filed an unfair labor practice (ULP) complaint against the city for alleged anti-union conduct from Councilor Loretta Smithâs office. The complaint, filed January 13, alleges Smith retaliated against and fired a former aide due to his role in organizing the Council staff union.Â
The aide, Adam Murray, worked as a policy staffer in Smithâs office for about nine months until he was fired last week. The termination came less than a month after Portland City Council staff announced they were organizing a union, called the Council Alliance of Workers (CAW) with the Communications Workers of America (CWA) Local 7901. The Council Alliance of Workers includes staff members from the majority of City Council offices. The ULP complaint describes Murray as a âkey union supporter.âÂ
State labor law, overseen by the Oregon Employee Relations Board, bars public sector employers from interfering with employeesâ rights to organize a union, including by discriminating against or firing people who support a union effort. Smith currently serves as the chair of the Portland City Councilâs Labor and Workforce Development Committee.Â
According to the complaint, Smith and her chief of staff, Elijah Crawford, âengaged in a sustained campaign of hostility, isolation, and altered working conditionsâ against Murray and his pro-union colleague after finding out about the impending union formation.Â
The complaint alleges in the aftermath of the union announcement, Smith and Crawford created new policies without effectively communicating them, creating a culture of fear and confusion. At various points between December 16 and January 9, Murray says Smith gave him the silent treatment in person, ignored his requests for virtual communication, and publicly chastised him in front of other City Hall staff, before he was placed on administrative leave and eventually terminated.Â
This is not the first time Smith has been accused of staff mistreatment. While serving as a Multnomah County commissioner from 2010 to 2018, Smith was accused of bullying and harassment by several of her staffers. A county human resources investigation found the staffersâ allegations credible, though Smith claimed the investigation was politically and racially motivated, and threatened to sue the county over it. Smith is one of two Black women currently serving on Portland City Council. Murray is also a Black man.Â
In an email to the Mercury, Crawford wrote that Smithâs office does not comment on âspecific personnel matters,â adding âas a longtime advocate for working people and a collaborator with labor organizations throughout her career, Councilor Smith has consistently upheld the rights of employees to engage in collective bargaining as protected under the law.âÂ
âIn her role as a Councilor, she is committed to ensuring that City government operates effectively, transparently, and in a way that serves Portlanders while honoring the rights and responsibilities of all parties involved,â the statement continued.Â
In a January 13 letter from the Council Alliance of Workers to all Portland City Council members, the union called on councilors to put their âprofessed [pro-union] principles into practiceâ in their own offices. The union is calling on the city to investigate the allegations in the ULP complaint and reinstate Murray to his position, saying they have âample evidence to prove that his termination was made in bad faith.â The letter also asked councilors to reflect on how their actions âmight impact the ability of Council workers to best serve [their] constituentsâ and to pledge neutrality as the union organizing continues.Â
âThe termination of a lead union organizer during the fragile, initial phase of a union drive is an exceptionally severe act,â the complaint says. âIt sends a devastating message of retaliation that can chill the entire organizing effort. This action, taken by the City's highest elected and appointed officials, constitutes âegregiousâ conduct that warrants a penalty to deter such abuses of power.â Â
In a timeline of events included in the ULP complaint, Murray describes being the target of a âdramatic shift in management posture and workplace dynamicâ that occurred immediately after he informed Smith and Crawford about the union. According to Murray, Smith initially emphasized her pro-labor stance, but also urged her staffers to disclose their workplace grievances, which they were uncomfortable with.Â
Murray describes the subsequent days as tense. At one point, during an unexpected meeting, Murray said Smith told employees to turn off their phones, which indicated to him that âthe meeting was not a safe space and it was likely to include conduct or language that the Councilor did not want to be public information.â Murray said the meeting felt âretaliatory for participating in union organizing,â and indicated he was reprimanded for taking brief notes with pen and paper.Â
The complaint details confusing communication between Smith, Crawford, and the other staff members regarding the days they were expected to work during the winter holiday, when City Hall was closed to the public. Murray said staff members were initially told theyâd have the full two weeks off, but were later told theyâd need to work most days, or request paid time off. The complaint includes emails from Smith accusing Murray of being a âno-showâ on days he was approved to take off.Â
On December 31, Murray said he worked from home throughout the morning, while attempting to communicate with Smith and Crawford to clarify his responsibilities for the day. Neither responded to his texts that morning, but in the afternoon, Smith emailed Crawford and Murray noting Murrayâs supposed absence from work.Â
âAt that point I became extremely concerned, because the email did not acknowledge the context of my repeated requests for information and reporting for duty, nor during any point of that exchange was I asked and given an opportunity to come into the office,â Murray wrote in the complaint, saying he repeatedly called and emailed Crawford and Smith, but received no response from either of them for hours.Â
Murray said he eventually showed up to his office at City Hall with his 2-year-old son, having been previously advised by the councilor to bring his children to work if necessary. Murray said Smith barely acknowledged their presence in the office. That evening, Crawford emailed him saying his âjudgmentâ that day âraises concerns and affects [Crawfordâs] trust in [Murrayâs] ability to represent Councilor Smith with the integrity expected when [Murray] disregards clear instructions.âÂ
In the complaint, Murray wrote he was puzzled by Crawfordâs email, which used a much harsher tone than he was used to. Murray said Crawford âseemed angered that [Murrayâs] actions did not align with the narrative they were attempting to constructâ of him.Â
âAll of these events and behaviors created concerns that this entire sequence of events was about creating a pretext to retaliate against me for union organizing, under the guise of performance deficiencies,â Murray wrote.Â
The following week, Murray says he was publicly berated by Smith after speaking with the City Attorneyâs office about a piece of legislation, which he believed she had given him permission to do. Later that day, Murray was called into a meeting with Crawford and Ron Zito, interim director of Portlandâs Bureau of Human Resources. Murray said he requested union representation at the meeting, which he was eventually granted, and the meeting was postponed until later that week.Â
That evening, Murray was placed on paid administrative leave. The next morning, he was locked out of his work devices. Murray said in the complaint that âthe sequence of events suggest my administrative leave decision likely was cementedâ when he requested union representation at the performance meeting with Crawford and Zito. After a final meeting on January 9, Murray was terminated from his position.Â
In an affidavit asking for expedited processing of the ULP charge, CWA Local 7901 President Meg Ward highlighted the city of Portlandâs status as a major public employer, as well as Smithâs role as an elected official and chair of the Labor and Workforce Development Committee.Â
âThis creates a compelling public interest in a swift [Employment Rights Board] determination to correct a profound abuse of power and uphold public confidence in labor laws,â Ward wrote.Â
The union is asking for Murray to be reinstated quickly, with Ward noting his termination has caused him âimmediate financial harm and loss of career opportunity.â The union is also concerned about the "chilling effectâ his termination will have on his union colleagues.Â
In the letter to City Councilors from the Council Alliance of Workers, the union wrote that they believe their requests for reinstatement and support are reasonable, âespecially for a Council body that has touted its labor ties.âÂ
âThis is about more than one worker or one Councilor - this is about setting the future of City Council and the City of Portland up for success,â the letter states. âThe Councilors seated at the dais will come and go, but the kind of workplace conditions that Council workers need to do their jobs will remain the same.â