DECISIONS

Decision Information

Decision Content

Renton Fire Fighters Local 864, International Association of Fire Fighters, AFL-CIO

And

City of Renton

Fact Findings

Arbitrator:      John Cronin

Date Issued:   11/17/1977

 

 

Arbitrator:         Cronin; John

Case #:              01129-F-77-00056

Employer:          City of Renton

Union:                IAFF; Local 864

Date Issued:     11/17/1977

 

 

STATE OF WASHINGTON

BEFORE

THE PANEL OF FACT-FINDERS

 

IN RE:                                                                        )

THE CITY OF RENTON                                          )

                                                                                    )

                        Employer                                            )           CASE NO. 1129-F-77-56

                                                                                    )

            and                                                                  )

                                                                                    )

RENTON FIREFIGHTERS LOCAL 864               )           FACT-FINDERS REPORT

INTERNATIONAL ASSOCIATION OF                )

FIREFIGHTERS, AFL-CIO,                                    )

                                                                                    )

                        Union                                                  )

________________________________                    )

 

FACT-FINDERS' REPORT, FINDINGS AND RECOMMENDATIONS

 

I.  BACKGROUND

 

The Fact-finding Panel was composed of John Cronin (Impartial

Fact-finder and Chairman), Sharon Green (Employer's member), and

Larry Codiga (Union's member).

 

This fact-finding proceeding arose out of an impasse in negotiations

between the City of Renton and Firefighters Local 864.  The instant

hearing was held pursuant to Section 41.56.440 of the Revised Code of

Washington.

 

The current collective bargaining agreement between the parties is

due to expire on December 31, 1977.

 

A hearing in this matter was held on November 2, 1977 at Renton,

Washington.  The City was represented by Larry Tom Yok.  The Fire-

fighters Local 864 was represented by Larry Weiss.  The Impartial Fact-

finder wishes to express his appreciation to the other panel members

and to the representatives of the parties for their cooperative and

expeditious processing of this matter.  Both parties ably presented

evidence, answered the panel's questions, and persuasively argued

their positions.  Both parties filed helpful briefs which have been

duly considered.

 

The Fact-finding panel met on November 8, 1977 at Renton to

consider the presentations.  Listed below are the issues in dispute,

some of which bear the panel's unanimous recommendation.  The remainder

bear the impartial Fact-finder's recommendation.

 

II.  MATTERS AT ISSUE

 

1.1 Proposal

Article III of this existing collective bargaining agreement.

Firefighters would require the City to fill all vacancies within

a reasonable time.

1.2 Comment

The panel finds that this matter is a safety factor already

covered by the manning clause (Article XX).

1.3 Recommendation

The panel unanimously recommends that the proposal be

rejected.

 

2.1 Proposal

Article IV, Section 1-B.  City would change 40 hour week

to exclusive of lunch period of headquarter's personnel.

2.2 Recommendation

The panel unanimously recommends the proposal be accepted

provided the parties have a further understanding that the

personnel are ordinarily not subject to call, but if used in an

emergency during their lunch period, will receive remuneration

at the rate of time and one half.

 

3.1 Proposal

Article IV, Section 1-D.  The City would change shift

hours of fire suppression personnel to a 10/14 shift in which a

firefighter would work ten hours a day for five days, take two

days off, work fourteen hours a day for five days and take three

days off.

3.2 Positions of the Parties

The City argues that the change will result in a more

efficient allocation of manpower and will result in a 47.3 hour

week.  The Firefighters argue that a change from the current

24 hours on and 48 hours off, at this time, would be disruptive of

1978 vacation schedules, and is concerned that the conse-

quences of the change have not been fully explored.

3.3 Comment

The parties had apparently agreed earlier in their nego-

tiations to a tentative clause similar to the instant one.  The

City backed off when it was discovered that an additional ten

persons would have to be hired.  The City understandably revised

their proposal to obviate this additional expense.  The Fact-

finder believes the City should not be unduly restricted in

seeking more efficient scheduling of hours.  I note also that

similar scheduling has already been introduced in Seattle,

Tacoma, and Everett, three of this cities that the parties have

stipulated as "comparable cities."

3.4 Recommendation

The Fact-finder recommends that the parties adopt the

proposed 10/14 schedule; however, such a clause should include

a provision to permit either party to reopen the issue after

one year from the contract's initiation so that the parties may,

 if they choose, meet and negotiate whether the 10/14 schedule

should be altered or replaced by the old schedule.

 

4.1 Proposal

Article IV, Section 1-D.  The City proposes the extension

of training hours.

4.2 Position of the Parties

The City believes it is unnecessarily restricted by the

current contract language limiting training hours from 0800 to

1630 exclusive of weekends.  The City complains that it is unable

to schedule sufficient hours to maintain its training standards.

Moreover, the new schedule would fit into the 10/14 shift

schedule.  The Firefighters argue that the expansion of training

hours would subject the personnel to exhaustion, to the detriment

of their firefighting readiness.  Furthermore, excessive drilling

could be used as a means of harassment.  In regard to weekends,

the Firefighters contend that traditionally, Saturday and Sunday

are devoted to equipment maintenance.

4.3 Comment

It is obvious that given a 10/14 shift schedule, the parties

would need a revised training schedule.  On the other hand, it

should be no more disruptive of past practice than necessary.

Moreover, the Firefighters' concern over one entire shift

being subject to training is understandable

4.4 Recommendation

The Fact-finder recommends the extension of the training

period from 0800 to 2200 hours Monday through Friday; provided,

however, that no more than six training hours be required of

any one shift.

 

5.1 Proposal

Article VI, Section 1.  The City proposes the elimination

of conferences in good faith within the meaning of the Section.

5.2 Recommendation

The Panel unanimously recommends the retention of existing

language.

 

6.1 Proposal

Article VI, Section 1.  The City seeks a voucher system

for uniform purchase instead of the current $350.00 lump sum

payment.

6.2 Comment

The Firefighters made a counterproposal that if management

is concerned about appearance, they would submit to periodic

inspection.

6.3 Recommendation

The Panel unanimously recommends the retention of the

existing uniform allowance, with additional language in the

paragraph, to wit:

 

a. recognizing that there is an existing dress code

promulgated by the Fire Department.

b. providing that there be a periodic inspection to

monitor the appearance of uniforms worn by the employees.

c. the replacement of uniforms the chief feels are sub-

standard will be the responsibility of the employee.

 

7.1 Proposal

Article VI, Section 3.  The Firefighters propose an increase

in the premium pay schedule and the addition of the classification,

"Fire Inspector," to the schedule.  The City proposes the deletion

of all premium pay except for Aid Car Personnel, with no increase

in the latter.

7.2 Positions of the Parties

The Firefighters produced documents indicating that in the

past, Driver Operators in the Fire Department received premium

pay commensurate with the Police Department "Motorcycle Operator"

classification, albeit the two positions are not identical.

Current figures show the Motorcycle Operator receiving $55.00

per month premium pay while the Driver Operator remains at $25.00.

The Police Training Officer receives $55.00 per month, whereas

the Firefighters Training Officer receives $40.00 per months.  The

Firefighters argue that these figures as well as the premium pay

for relief Driver Operators and Aid Car Personnel should rise

with the cost of living.  The Firefighters would add the Fire

Inspector category to the premium pay schedule, arguing that they

require special skills and bear extra responsibilities as do the

other categories.  The City would delete all the premium pay

except for Aid Car Personnel, contending that their skills are

no different than other personnel of similar rank.

7.3 Comment

The Firefighters have convincingly shown that the Driver

Operators have an abundance of extra duties and responsibilities

warranting  premium pay.  The City has failed to show sufficient

justification for removing this established practice.  Nor has

 the City established a case for deleting Training Officer,

a position of obvious responsibility.  In the comparative cities

there is no consistency in regard to premium pay, four out of

ten having none at all, but two that do, include inspectors.

Consistency would dictate their inclusion herein.  Moreover, in

the past, when inspectors worked out of the Fire Department in

Renton, they were included.  At this time Premium pay in the

Fire Department is far behind the Renton Police Department.  In

determining an appropriate premium pay the Fact-Finder must con-

sider the rise in cost of living since the last contract was

negotiated.

7.4 Recommendations

The Fact-Finder recommends that the parties adopt the

following premium pay schedule:

 

A. Driver Operator -- %55.00 per month

B. Relief Driver Operator -- shift percentage of Driver

Operator premium

C. Training Officer -- %55.00 per month

D. Aid Car Personnel:

   $3.50 per 14-hour shift

   $2.50 per 10-hour shift

   (or $6.00 per 24-hour shift)

E. Fire Inspector -- $25.00 per month

 

8.1 Proposal

Article VI, Section 4.  The Firefighters propose to

compensate firefighters at an Officers rate of pay when

assigned as a temporary replacement.

8.2 Positions of the Parties

The Firefighters contend that the city has abused the

original intent of Section 4 by using acting Officers on a

long term basis when an opening arises, rather than limiting

the practice to fill in for temporary absences due to sickness

or disability.  Thus the replacement receives only two hours

overtime per shift rather than the Officers rate of pay.

The City requests this issue be set aside by the Panel, con-

tending it was not part of the regular negotiations, and the

City was not prepared to make a presentation.

8.3 Comment

The original contract clause appears to cover temporary

situations and the use of it to fill vacancies would be an abuse

of the parties' intentions.  Since this item is a

latecomer in the negotiations and the City was not prepared

to proceed on it, the parties should discuss it further.

8.4 Recommendation

The Fact-finder recommends this issue be set aside for

further negotiations.  The Fact-finder recommends further,

however, that the parties seek to limit potential abuse of

the Article either by adopting the Firefighters' proposal or

by limiting the duration of working out of classification at

the current rate and moving to an hour for hour basis after a

given number of shifts.

 

9.1 Proposal

Article VII.  Both parties propose sick leave incentives.

9.2 Position of the Parties

The Firefighters would grant a day off to employees who

use three or less sick days per year.  The City agrees on an

incentive principle, but only if it is tied to the 10/14

work schedule.

9.3 Comment

The record shows that the Renton Police already have such

a term in their contract.  Moreover, both parties view it as

desirable but the City would use it to sweeten the effect of

 the 10/14 plan.

9.4 Recommendations

The Fact-finder recommends the adoption of the Fire-

fighters' proposal.  If the shifts change to the 10/14 plan,

the incentive day should be adapted to same.

 

10.1 Proposal

Article VIII.  The Firefighters propose double-time for

working on Thanksgiving and Christmas.  The City proposes

that the days off for holidays in current contract be con-

formed to the 10/14 schedule.

10.2 Positions of the Parties

The Firefighters allude to the fact that the Police

and other City employees already have tis benefit. More-

over, the fire suppression personnel spend the entire twenty

four hours away from their families on these "family oriented"

holidays.  The City argues that double pay is unwarranted

because firefighters get days off around the holidays.

10.3 Comment

The Renton Police receive a day off in lieu of

Thanksgiving and Christmas plus double time for working those

holidays.  Other City employees have similar benefits.  No

justification is seen in denying these benefits to the

Firefighters.

10.4 Recommendation

The Fact-finder recommends that the parties adopt the

following language:

 

Any employee who is required to work the

following listed holidays shall be paid double

the base rate in addition to receiving a day

off in lieu of that holiday:

A. Thanksgiving

B. Christmas

 

11.1 Proposal

Article IX.  The City proposes to delete the educational

allowance.

11.2 Positions of the Parties

The City considers it undesirable to pay for tuition and

books toward a fire-related degree and then to also pay the

educational incentive for the degree (Article X).  The City

would retain the incentive and delete the allowance.  The

Firefighters argue that numerous firefighters take non-

matriculating courses that help their skills but would not

qualify them for an incentive.

11.3 Comment

The educational allowance and incentive clauses are

relatively new to the contract.  The allowance cost the City

about $2000.00 during the past year.  This is a clause that

appears to be of benefit to both parties and has hardly been

given a chance to prove itself.

11.4 Recommendations

The Fact-finder recommends retention of the existing clause.

 

12.1 Proposal

Article X.  The Firefighters seek 1% incentive pay for

holders of an EMT certificate.

12.2 Positions of the Parties

The Firefighters believe that adding the category of

Emergency Medical Technician, or EMT, to the educational incentive

list will encourage firefighters to gain or maintain an EMT

rating and thus be of greater assistance to accident victims.

The City counters that personnel assigned to the aid car crew

already receive a shift premium, thus compensating many of the

EMTs since the latter is a condition to assignment.  Moreover,

the City argues there is no shortage of EMTs and the City is

not seeking an increased number.

12.3 Comment

At first blush the Firefighters' argument that increased

EMTs would present profound benefit to the City seems convin-

cing, especially in cases where the aid car is occupied else-

where and only a truck is dispatched to a call.  It is routine,

however, for an ambulance to be summoned when it appears there

is a need.  No doubt the EMT training is helpful to the entire

crew, and the contract provides free training for all who seek

the certificate.  However, the EMT is primarily a requisite for

aid car personnel and this report already recommends a fair

increase for the premium pay in that category.

12.4 Recommendations

The Fact-finder recommends retaining the existing language.

 

13.1 Proposal

Article XI.  The Firefighters seek an established date for

intra-departmental transfers and vacation scheduling.

13.2 Comment

The City assures the Firefighters that 1978 vacation

schedules will meet the November 15 deadline.

13.3 Recommendation

Based on the City's assurances the Panel unanimously recom-

mends the retention of the existing language.

 

14.1 Proposal

Article XIII.  The Firefighters propose an increase in

longevity pay.

14.2 Positions of the Parties

The Firefighters seek to change the existing lump sum

longevity stipends to a percentage basis thusly:

 

Completion of   5 years:  1%

Completion of 10 years:  2%

Completion of 15 years:  4%

Completion of 20 years:  6%

 

The City resists any percentage arrangement, preferring to

negotiate each future longevity increase.

14.3 Comments

The percentage plan would mean a slight decrease in the

existing benefits ten years and below, but an increase to those

in the fifteen and twentieth year categories.  The Firefighters

have intentionally weighted the benefits toward the senior

years as an incentive to career firefighters and to maximize

retirement benefits.  I note that among the comparative cities,

five others have initiated a percentage schedule.  The Seattle,

Spokane, and Everett percentages at 2 - 4 - 6 and 8 per cent

are considerably more generous than the Firefighters' proposal.

Tacoma will move to 2 - 4 - 6 - 8 in 1979.  The Fact-finder

sees a definite benefit to the parties' future bargaining in the

percentage plan.  Since one of the criteria in resolving disputes

is a consideration of fluctuation in the cost of living, and

presumably salary adjustments will be thusly affected, a percentage

of the latter would be a good guide to adjustment of the longevity stipend.

14.4 Recommendation

The Fact-finder recommends that Article XIII A be amended

to read:

 

Employees shall receive longevity pay

in accordance with the following scale:

Completion of   5 years:  1%

Completion of 10 years:  2%

Completion of 15 years:  4%

Completion of 20 years:  6%

 

15.1 Proposal

Article XV, Sections 1 and 3.  The City proposes to "lid"

its premium payment for medical and dental coverage at the

rate en effect July 15, 1977, the employee to pay any increase

thereafter.

15.2 Positions of the Parties

The City believes that requiring the unit employees to

share in the increasing cost of medical and dental insurance

will increase their cost-consciousness and result in a "more

judicious" filing of claims.  The Firefighters contend that

the City's compensation level in regard to the Firefighters'

medical - dental plans are below other employee units because

over 40% of the premiums are funded by the Firemen's Pension

Fund rather than the City's General Fund.

15.3 Comment

The Firefighters' contentions are well-founded especially

in view of the fact that a majority of the comparable cities

offer full or substantially full coverage, and virtually all

of major industry in the Renton area does the same.  Moreover,

no other group of City employees receive a portion of their

medical - dental funding from the state.

15.4 Recommendation

The Fact-finder recommends retention of existing language

and benefits.

 

16.1 Proposal

Article XVI.  The City proposes to delete double indemnity

in regard to dependant life insurance coverage.

16.2 Positions of the Parties

The City seeks to delete double indemnity from the insurance

clause because it is unavailable.  The Firefighters propose an

alternative of doubling the face value of the insurance.

16.3 Comment

The hearing record indicates that double indemnity coverage

for dependants has been unavailable from any carrier since the

inception of the clause.  Doubling the face value of the term

policies would not be an exact substitute for the double

indemnity.  The City should be released from a term that has

proved impossible to fulfill.

16.4 Recommendation

The Fact-finder recommends that Article XVI be altered to

delete reference to double indemnity for each dependant.

 

17.1 Proposal

Article XX.  The Firefighters seek to amend the Health

and Safety clause by including equipment manning requirements

and by requiring Captains at each of the satellite stations.

17.2 Positions of the Parties

The City maintains that equipment manning and the place-

ment and rank of officers is a management function.  The

Firefighters argue that the above are safety matters and should

be incorporated into the contract.

17.3 Comment

The placement and deployment of personnel are, in a broad

sense, management functions, unless or until it conflicts

with an obvious working condition such as employee safety.

Adequate manning of equipment in fire suppression is a safety

matter.  I note from Firefighters' Exhibit 29 that on

October 12, 1977 the parties were in temporary agreement on

such measures.  The terms appear fair and are not an unwar-

ranted impingement on management rights.  On the other hand,

the Firefighters have failed to show how the presence of a

Captain on an engine or pumper is substantially safer than a

lieutenant.

17.4 Recommendation

The Fact-finder recommends that Article XX shall be

amended to read:

 

A. A minimum of twelve (12) fire suppression

personnel shall be assigned to each working

shift.

B. The fire suppression crews will be assigned

on a regular basis as follows:

   1. Headquarters Station:

      a. Engine or pumper.  Four persons shall

be assigned, one of whom shall be a

Captain, or a Lieutenant when the

assigned Captain is absent from duty.

      b. Snorkel or Ladder Truck.  One person

shall be assigned.

      c. Aid Car.  Two persons shall be assigned.

   2. Each Satellite Station (or additional

stations).

      a. Engine or pumper.  Three persons

shall be assigned, one of whom shall

be at least the rank of Lieutenant.

      b. Aid Car.  Two persons shall be

assigned.

C. The term "assigned" shall mean the number of

personnel who would normally respond to

emergency calls on the indicated vehicle

   Nothing in this Article shall preclude the

emergency reassignment of available fire

suppression personnel at the direction of

the Chief or his designated representative.

 

18.1 Proposal

Article XXI.  The City proposes to change the reference

of "inclusive of lunch period" to "exclusive of lunch period."

18.2 Recommendation

The Panel unanimously recommends the change in confor-

mance with Proposal 2, dealt with above.

 

19.1 Proposal

Article XXI, Section 2.  The City seeks to delete the

sentence in Section 2, "The City agrees to replace all vacancies

due to illness or disability with overtime personnel."

19.2 Positions of the Parties

The City argues that since twelve has been established as

the safety minimum for crew size, hiring replacements to effect

a greater number is a management function.  The City points to

the overtime costs of such replacements (%33,000.00 since

January 1, 1977) as excessive.  The Firefighters regard

the replacement clause as a safety factor.

19.3 Comment

The Fact-finder believes the City's position is well

taken.  They seek to exercise a management function to enhance

the City treasury.  The safety aspect of this matter is already

covered in the manning clause and the recommended change

therein regarding equipment manning (Article XX).

19.4 Recommendation

The Fact-finder recommends that the sentence mentioned

above in 19.1 be amended to read:

   "The City agrees to replace all vacancies due

to illness or disability with overtime personnel

when such vacancy results in a shift crew of less

than twelve."

 

20.1 Proposal

Article XXII.  The City proposes to delete the retention

of benefits clause.

20.2 Recommendation

The Panel unanimously recommends the retention of existing

contract language.

 

21.1 Proposal

Article XXVI.  The Firefighters propose the institution

of an employee benefit trust.

21.2 Comment

The Firefighters in their concern over recent legislative

changes in retirement seek to set up a supplementary retirement

trust.  The Panel feels there has been insufficient background

work on the specifics of the trust and the proposal needs con-

siderably more detail work before it will be viable for negotiations.

21.3 Recommendation

The Panel unanimously recommends that the trust proposal,

as presently conceived, be rejected.

 

22.1 Proposal

Article XXVIV.  The Firefighters seek a two year agreement.

The City wants a one year agreement.

22.2 Positions of the Parties

The Firefighters aver to the lengthy negotiations between the

parties to date as a reason for avoiding such time consuming efforts

on a yearly basis.  The Local requests a contract opener in 1979

to give them the option of further negotiations over the manning

level of the new one hundred foot ladder truck.  It is a new piece

of equipment to be delivered in 1978.  The City takes the position

that it does not want to "lock itself in" to anything more than a

one year contract.

22.3 Comment

I note that the expiring agreement was a three year contract.

Union and City personnel have put in many exhausting hours on ne-

gotiations, fact-finding and related matters to date, and it would

appear that if such will be the labor relations pattern for the

future, the parties would be spared an annual ordeal by signing a

contract for more than one year.  More important, however, the com-

munity at large will benefit from the stability of a multi-year

contract.

22.4 Recommendation

The Fact-finder recommends a minimum of two years duration for

the upcoming agreement.  A clause should be included providing for

a contract opener, upon proper notice, December 31, 1978 in

regard to:

   A. The 10/14 shift schedule

   B. The manning of newly acquired equipment.

 

23.1 Proposal

Appendix A - Salaries

23.2 Positions of the Parties

Since the commencement of the fact-finding procedures herein,

both parties have altered their initial demands.  The Firefighters

seek Consumer Price Index parity plus 3% (down from 5%) for 1978

and Consumer Price Index parity based on November, 1977 through

November, 1978 plus 3% for the second year of the contract.

   The City has, since the start of fact-finding, raised their

offer from 4% across the board to 8.8%.  The City also proposes

that in future contracts, CPI adjustments be calculated on an

August to August basis since official CPI figures for November

come out on December 15.

23.3 Comment

The City does not claim a financial inability to meet the

demands of the Firefighters, but rather, that Renton firefighter

salaries and benefits are disproportionate among the comparable

cities, and the City through current and future bargaining seeks

to bring the salaries in line.  The City should be somewhat

reassured in this regard b Firefighters' Exhibits 39 and 40

which indicate the comparable cities are closing in on Renton's

lead.  It is not undesirable that Renton remain slightly in the

forefront.  This is recognized by the City (see Firefighters'

Exhibit 36) as an asset in its competition with other municipal-

ities for the most desirable personnel.

   The City, in regard to salaries, minimizes the impact of

the CPI, considering it "only one of six criterion" to be con-

sidered.  (See RCW 41.56.460)  It is however a very significant

factor in regard to salary adjustment.  The parties in their

bargaining history have viewed it as a controlling factor.

Salary increases in the past have usually been the CPI plus at

least 1% for uniformed personnel.  The City's most recent offer

is reasonable in this regard.  The City the November

to November CPI will be 8.8%, and has offered the same.  The

Firefighters calculate that the CPI will be 9.9%, apparently

based on the increase seen in the first three quarters.  Based

on current economic trends the Fact-finder regards the Fire-

fighters' figures as more accurate.

   Although it has been traditional to grant the Firefighters

as much as 3% over the CPI, the Fact-finder does not believe it

warranted herein if the parties effectuate the recommendations

herein in regard to the premium pa and longevity increases.

Moreover, I note from City Exhibit 5 that over the past contract

term salary increases were very favorable in regard to the CPI.

Therefore the Fact-finder believes a 10% increase across the

board is fair and reasonable.

23.4 Recommendation

The Fact-finder recommends that effective January 1, 1978,

all classifications be increased by 10%.

   The Fact-finder recommends further that effective

January 1, 1979, all classifications be increased in parity

with the rise in the CPI, currently in use by the parties for the

period of August, 1977 through August, 1978, plus one percent;

or an across the board increase of five percent, whichever is

greater.

 

Dated November 17, 1977

 

            John Cronin, Fact-Finder

            311 1st Avenue

            Room 463 Colman Building

            Seattle, WA 98104

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