INTEREST ARBITRATIONS

Decision Information

Decision Content

Fire Fighters Local No. 1828

And

City of Edmonds

Interest Arbitration

Arbitrator:      Cornelius J. Peck

Date Issued:   11/05/1976

 

 

Arbitrator:         Peck; Cornelius J.

Case #:               00626-I76-00037

Employer:          City of Edmonds

Union:                IAFF; Local 1828

Date Issued:     11/05/1976

 

 

 

BEFORE THE STATE OF WASHINGTON

 

PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

ARBITRATION PANEL

 

IN RE:  ARBITRATION BETWEEN         )           FINDINGS OF FACT AND DETERMI-

THE CITY OF EDMONDS AND                )           NATION OF DISPUTE MADE BY

FIREFIGHTERS LOCAL NO. 1828           )          CORNELIUS J. PECK, PANEL CHAIRMAN

 

 

Appearances:

            Douglas Albright, Esq.,

                                    for the City

 

            Donald J. Hagen, Esq.,

            Jerome L. Rubin, Esq.,

                                    for the Firefighters

 

 

            On May 25, 1976, the Executive Secretary of the Public Employment

Relations Commission of the State of Washington appointed the undersigned

to serve as the chairman of a panel established to arbitrate a dispute

between the City of Edmonds and Edmonds Firefighters Local No. 1828.  The

dispute concerns issues remaining unresolved between those parties as to

the terms and conditions of the collective bargaining agreement they attempted

to negotiate to replace the collective bargaining agreement in effect between

them for the period from January 1, 1974, to December 31, 1975.  The other

members of the arbitration panel are Mr. Karl A. Hofmann, who was selected

from a list of names provided by the Edmonds Firefighters, and James A.

Murphy, Esq., who was selected from a list of names provided by the City of

Edmonds.

            A hearing of the dispute was held in Seattle, Washington on July 16,

28, 29, and 30, 1976.  Thereafter the parties filed written post-hearing

briefs setting forth their arguments upon the evidence introduced at the

hearing.  The brief of the City was mailed to the undersigned on October 1,

1976.  Pursuant to an extension of time granted by the undersigned, the

brief for the Firefighters was delivered to the office of the undersigned

on October 15, 1976.  On October 27, 1976, the undersigned met with the

other two members of the panel to discuss the findings of fact and the de

termination of the dispute which he proposed to make pursuant to RCW 41.56.450.

Earlier, on July 20, 1976, the parties had executed a waiver of the statutory

requirement that the chairman make written findings of fact and a determina-

tion of the dispute within 15 days after the conclusion of the hearing, and

agreed that instead the chairman should have a reasonable time after the con-

clusion of the hearing to prepare the written findings of fact.

            The undersigned has given full and deliberate consideration to the evi-

dence and arguments thus presented.  In addition, the undersigned has given

careful consideration to the report and recommendations of a fact-finding

panel, concerning the manner in which the parties should resolve the issues

then in dispute between them.  The chairman of that panel was Paul D. Jackson,

Esq.; James A. Murphy, Esq. was the City member of the panel; and Mr. William

Angel was the Union member of the panel.

 

The Minimum Manning Requirement

            The Union has proposed that the following language be added to Article

XI of the proposed agreement between the parties:

3.         At least three full paid members will be on duty 24

                        hours per day at the duty station.

            At the present, ninety percent of the time three full paid members of

the 15-man fire department of Edmonds are on duty 24 hours per day at the

duty station.  The ten percent of the time when only two full paid members

are on duty occurs because of problems of scheduling vacations and sick leave.

On such occasions a volunteer serves as the third man in responses to calls.

According to the Union, the absence of a third full paid firefighter on these

occasions substantially increases the risk of harm to the firefighters respond-

ing to a call.  This increase in risk occurs in substantial part because when

only two full paid members are on duty they must await the arrival of the

volunteer fireman before departing for the scene of the fire   It may take

between one to five minutes for the volunteer to report and dress for service.

During this time the heat of a fire might increase significantly.  An enclosed

building which has become superheated is explosive if a window breaks or in

some other manner a supply of oxygen gets into the interior,  Another risk

is that volunteer firemen are not as well trained as full paid firemen, and,

because they do not devote full time to firefighting, they are not as familiar

with the firefighting equipment, its location on trucks, and the possibilities

of its use.

            On the other hand, it appears that only 30 percent of the emergency

calls received by the Edmonds fire department are for fires.  The Chief of

the Department estimates that only 30 percent of the fires require a three-

man crew, with the consequence that it is only with respect to 10 percent of

the calls that the increased risks with which the Union is concerned occur.

Moreover, the City is purchasing a new  "attack" fire-fighting unit which may

reduce the manning requirements for fires to which the department responds.

            I realize the deceptive simplicity with which an arbitrator, seated

at his desk, may proclaim that the hazards to firefighters of performing work

in a certain manner are not substantial.  Nevertheless, I note that Edmonds

is primarily a city of single family residences.  It does not have a large

commercial or manufacturing area in which flammable or explosive materials

are stored in large quantities.  (I realize that the Department is under

contract to provide supplementary fire protection service to an adjacent

terminal for oil shipments.)  Moreover, the City has, without obligating

contractual obligations, moved to higher and higher proportions of professional

firefighters and reduced reliance upon volunteers, and there is no reason to

believe the incentives for reducing losses will not cause it to adopt a com-

plement of full paid firefighters if that change would significantly affect

fire losses.  Moreover, as I stated in an arbitration proceeding concerning

the firefighters of the City of Richland, Washington, experience with con-

tract provisions fixing manning requirements in industry generally has been

very unsatisfactory.  Changes in technology--perhaps represented in this case

by the acquisition of the "attack" unit--may render the previously stated

requirements obsolete, but, having been incorporated in a collective bargain-

ing agreement, they remain long after they serve any legitimate purpose.

            For these reasons, I conclude that the parties need not adopt the Union 5

proposed manning requirement.

 

Shift Exchanges

            The Union proposed that language be added to Article XI, so that para-

graph 2 of that article would read as follows:

2.   Shift exchanges:  When mutually agreeable, and for good

reason, any two members of the same rank may exchange their

day off period, but only with the approval of their Lieu-

tenants who shall obtain approval of the Fire Chief.  Shift

exchanges are recognized as a privilege not to be abused

by overuse or for frivolous reasons.  They shall be allowed

upon request in writing timely made, by the Chief or his

designate, provided, however, that such exchanges may be

denied for good reason which shall be set forth in writing

and such document given to the persons involved in the pro-

posed exchange.  (Language to be added underscored.)

            The Union desires that this change be made to facilitate shift exchanges

between firefighters for purposes such as pursuing educational courses or

meeting other pressing obligations incompatible with a 24 hour shift.  In

many respects the new language only contractually requires pursuit of the

practices currently followed, such as the giving of a written statement for

the reasons of denial of a request.  The Union's concern is that the reasons

for all denials be stated in writing so as to avoid inconsistency and prevent

any practices of favoritism.  Like the chairman of the fact finding panel, I

conclude that the addition of the proposed language to the collective bargain-

mg agreement would be desirable. Accordingly , it is my determination that it

be added.

 

Shift Definition

            The expiring collective bargaining agreement contains a definition of

the work week, but does not contain a definition of a shift.  Such definitions

are common in collective bargaining agreements, and the Union desires that

such a definition be added to the contract between the parties to give addi-

tional certainty as to the obligations of the parties.  The Chairman of the

fact-finding panel recommended that a definition be added to the agreement.

The City objects to the addition for the reason that it would unduly restrict

the needed flexibility of the operations of the fire department.  In response

to this objection, the Union has agreed to addition of language to the

provision recommended in fact-finding which would permit an averaging of

shifts for shift workers, thus preserving flexibility in scheduling.  I con-

clude that the provision recommended by the fact-finding panel, with the

amendment proposed by the Union, gives a desirable added certainty to the

contract without unduly hampering operations of the fire department.  Accord-

ingly, the following language shall be added to Article XI, Section A of the

collective bargaining agreement:

A.  The shift of a day.worker shall be eight hours; for shift

personnel, it shall be twenty-four hours.  A work week for

day workers shall consist of five shifts; an average work

week for shiftworkers shall consist of two shifts per week.

The work week of day workers and shift personnel shall be

regularly scheduled in advance by the Department and shifts

shall be worked consecutively for each work week unless the

individual agrees to a change in shift hours or in case of

an emergency.

 

Sick Leave

            The City proposed a change in Article XIX of the collective bargaining

agreement to insert the following language:

                        All disabling sicknesses and illnesses will be charged

                        against accrued sick leave until consumed.

            That language would replace the provision of Article XIX of the expiring

agreement which reads as follows:

                        Sick leave and accrued sick leave will be used during

                        periods of disability approved by the Disability Review

                        Board.

            The City has made this proposal as a change responsive to adoption of

the Law Enforcement and Fire Fighters Act, pursuant to which an Attorney

General's  opinion suggests a fire fighter might receive disability pay for a

period as short as one day arising from non-work related causes   Presently,

however, the Edmonds Disability Review Board has determined that only after

80 hours of sick leave have been used shall a firefighter be placed on dis-

ability pay.  When put on disability pay he no longer uses sick leave for the

period of his disability.  The consequence is that if a firefighter became

permanently disabled he would, under current practices, be entitled to receive

one half of his accrued sick leave.  This could amount.to as much as 360

hours of sick leave if the firefighter had worked over eight years without

taking any sick leave.  [A firefighter may accumulate a maximum of 800 hours

of sick leave, of which he would be required to use 80 hours before going on

disability pay under the present practices.]  The City has proposed this

change to avoid the possibility of what it refers to as the double compensa-

tion caused by the enactment of the Law Enforcement and Fire Fighters Act.

The chairman of the fact finding panel agreed with the City's proposal and

recommended adoption of the proposed change in the language.

            Of course, the current practice of the Edmonds Disability Review Board

ensures that there will be no duplication of benefits during the first 80

working hours of disability.  Moreover, if this requirement concerning the use

of sick leave is not sufficient protection against.duplication of benefits,

the required period for use of sick leave could be increased.  More important,

however, is the fact that a fire fighter who retires without disability is

paid one half of his accrued sick leave.  Such a payment at the time of re-

tirement is not made because the retired employee will become sick or disabled

after retirement, and thus it is not a payment which should be considered as

payment for sickness or disability.  If it is not such a payment, there is

no duplication of benefits with the new statutory benefits.  More likely, as

suggested by the Union, such a payment is made to the retiring employee in

recognition that he did not freely avail himself of available sick leave,

with concomitant interference with the operation of the Department.  The

possibility of obtaining such a payment on retirement provides an obvious in-

centive for fire fighters to use their sick leave only when necessary.  It

would seem most unfair to pay those sums to employees who retire in good

health, but to deny them to fire fighters whose sparing use of sick leave

resulted in the accumulation of sick leave prior to a disabling injury.

            For these reasons, I conclude that the proposed change in the language

in Article XIX should not be adopted.

 

Removal of Limit on Number of

Senior Firefighters

            At the present time the City has a limit of five on the number of fire-

fighters in the Department who may be classified as senior firefighters, the

highest classification below the supervisory rank of lieutenant.  At the

hearing the Union proposed that this limit be removed, but it did not further

argue the issue in its post-hearing brief.  Nor does the issue seem to have

been presented to the fact-finding panel, and for that reason the chairman

of the fact-finding panel made no recommendation on the issue.

            The City argues that senior firefighters occasionally serve as a shift

officer, but the City's job description for the position expressly states that

a senior firefighter supervises  "no one."  The description of the basic func-

tion of the position does state that a senior firefighter may be delegated a

specific staff and supervisory responsibility.  Such limited supervisory

responsibilities thus do not appear to be a regular and continuous part of the

duties of the position.  These intermittent assignments provide a weak basis

for the City's contention that no more than five senior firefighters are needed

because of a lack of need for additional supervision.  The City's witnesses

gave no other convincing explanation of what is done by employees who are

senior firefighters and those who, holding the qualifications for such a

classification, are classified at a lower rank.

            On the other hand, the Union did not present any evidence indicating that

the lower rank employees do in fact perform the same services with the same

level of skill as do those employees classified as senior firefighters.  The

Union, which seeks to make a change in the existing practices, has thus

failed to persuade me that the limit on the number of senior firefighters

should be removed in this collective bargaining agreement.  Accordingly, I shall

not direct the removal of such a limitation.

 

The Salary Administration Plan

            In the expiring collective bargaining agreement the Union accepted the

City's salary administration plan, known as the "Prior Plan" after the name of

the outside consultant who designed the plan.  That plan was made after ex-

tensive consultation with City employees, including firefighters.  Its objec-

tive is to establish a compensation system which gives substantial recogni-

tion to merit, through semi-annual merit reviews.  The relative worth of each

position is determined by job evaluation methods, giving weight to a variety

of separate and distinct factors.  Salary ranges have been established for

the various job classifications which permit a variation of as much as 20% in

the salary or wage received by an employee in a given classification.  Since

there is normally only a six percent interval between salary grades in each

salary group, there are overlapping salaries or wages for persons in different

wage or salary groups.  The merit increases given are to be substantial, and

have not amounted to less than five percent.  Merit increases are based upon

an appraisal of the performance of individual employees.

            Some problems have developed with the Prior Plan during its two years of

use by the parties .  One of the problems is that not all of the semi-annual

merit reviews of firefighters have taken place, but this appears to be, at

least in part, because of the Union's objections to merit reviews during the

time when the collective bargaining agreement now subject to arbitration was

being negotiated.  Another problem has been that the merit determinations made

by the Fire Chief have not been binding upon the Mayor, who has the power to

reject the Chief's recommendations.  An additional problem has been the lack

of consultation with the Union at any time prior to final determination of

the merit increases which will be awarded individual firefighters.

            The chairman of the fact-finding panel concluded that, despite these

difficulties, the Prior Plan should not be abandoned at this time.  He did

recommend, however, that once the Fire Chief had recommended a merit increase

that increase should not be subject to denial by the Mayor.  He further recom-

mended that the Union be afforded an opportunity to participate in the evalua-

tion process before final determinations were made as to individual merit

increases and that when merit increases are given, the Chief should specify in

writing the bases for the increases.

            I agree with the chairman of the fact-finding panel that the Prior Plan

should not he abandoned at this early date after its adoption,  It is impor-

tant to give recognition to merit in public employment, and this plan should

be given an adequate testing period before the conclusion is reached that

the complications of merit reviews are such that the plan is unworkable.

Certainly none of the arguments advanced by the Union establish that proposi-

tion.  Those.objections which the Union has advanced can be dealt with ade-

quately in the manner suggested by the chairman of the fact-finding panel.

            Accordingly, I shall direct the retention of the Prior Plan for salary

administration during the term of the collective bargaining agreement.  The

Mayor shall be contractually obligated to the Union to approve merit increases

determined upon by the Fire Chief.  The Fire Chief shall be obligated to con-

fer with a representative selected by the Union prior to making his final

determination of individual merit increases.  The Fire Chief shall also state

in writing the reason or reasons for the merit increases which he makes and

furnish a copy of that statement to both the Union and the employee involved.

 

The 1976 Wage Increase

            The Union's basic proposal concerning wage rates for the new collective

bargaining agreement was predicated upon abandonment of the Prior Plan and

its replacement by a classification system under which predetermined values

would be assigned to factors such as longevity and education.  Its estimate

was that its plan would result in an overall increase of 10.69% in labor costs.

Given the determination that the Prior Plan should be retained for the period

of the next collective bargaining agreement, there is no purpose to be served

in further discussion of the Union's basic proposal.  The City has proposed

that the pay increase for 1976 be set at 5.2% for the reason that at the time

of the hearing the latest consumer price index for the Seattle area, which was

for May 1976, indicated that the cost of living during the period from May 1975

to May 1976 was 5.24%.

            This proposal is at best whimsical, and certainly lacks merit for reso-

lution of this dispute.  The percentage by which the cost of living has risen

during the period from May 1975 to May 1976, bears no rational relationship

to what pay increase should be granted to firefighters to make up for the

much larger increase in the cost of living known to have occurred between

January 1, 1975 and December 31, 1975.  The history of bargaining between

the parties indicates that pay increases granted at the beginning of a calen-

dar year have been designed to make up for the increase in the cost of living

which occurred since the last pay increase, and not as a prediction of what

the increase in the cost of living would be in the next year.  Thus the

collective bargaining agreement for the period from January 1, 1974 to

December 31, 1975, provided that the pay increase to become effective on

January 1, 1975 would be equal to the percentage increase in the cost of

living during the year preceding August 31, 1974.  Moreover, pursuing this

same policy, the City has proposed  that the salary increase for 1977 be set

at the percentage of the increase in the consumer price index between August

1975  and August 1976.  Parties who are interested in providing pay increases

to compensate for future increases in the cost of living may, and usually do,

accomplish this by providing periodic adjustments throughout the year for

monthly or quarterly increases in the consumer price index.  The proposal that

the pay increase be fixed at 5.2% because that was the annual rate of increase

in May 1976, might serve to punish the Union for not having accepted the City's

proposal during negotiations that the cost of living increase be 10% which

was then the rate of increase in the consumer price index.  Obviously, the

purpose of this arbitration proceeding is to fix the correct wage rate for

the affected employees and the city which benefits from their services.  It is

not the function of an arbitration award to punish the real parties in interest

for delays which occurred in the negotiation process.  Particularly is this

the case where an assessment of fault for delay in the negotiation process

would result in attribution of fault to both parties.

            The City has offered an alternative ground for fixing the wage increase

at 5.2%.  It is that effective July 1, 1975; all firefighters received a merit

increase of 5% or more.  Addition of that 5% to the 5.2% now proposed by the

City would result in a pay increase of 10.2% more than wages which became

effective on January 1, 1975, and hence a total increase very close to the

increase which occurred in the consumer price index for the period between

August 1974, and August 1975.  The major defect in the City's proposal is

that the pay increase which was made effective as of July 1, 1975, was a

merit increase and not a cost of living pay increase.  More specifically, it

appears that the minimum across-the-board merit increase of 5% was given to

department employees in large part because all department employees had become

certified Emergency Medical Technicians during 1974.  It would hardly do ser-

vice to the concept of a merit increase if six months later it were to be con-

verted into a cost of living increase.  Accordingly, the chairman finds this

suggestion of the City to be unacceptable.

            I find support for these conclusions in the report prepared by the chair-

man of the fact-finding panel which previously considered this dispute.  By

the time he prepared his report the City had adjusted its proposed across-the-

board pay increase down to a 7.98% pay increase because that was the percen-

tage increase in the consumer price index between November 1974, and November

1975.  He recommended that the parties instead use the 10% increase in the

cost of living between August 1974 and August 1975, since it conformed to the

prior practice in negotiations.  He also observed that merit increases should

have little relationship to the economic. arguments presented by the parties in

negotiations upon the completion of a contract year except insofar as they

affected the overall wage statistics in comparisons made with other comparable

municipalities.

            The massive statistical data presented by the City establishes that Edmonds

have been well paid in comparison with firefighters of other cities of approx-

imately the same size.  Thus, as the chairman of the fact-finding panel noted,

it appears that considering all wages and fringe benefits paid during 1975,

Edmonds firefighters rank second on the list of cities with which the parties

agree comparisons may be made   It also appears that during 1975 Edmonds fire-

fighters received at least the average of wages alone of the cities with which

comparisons are to be made.  The parties have already agreed upon improvements

in the vacation plan and the provision governing holiday pay which will add

still more to the labor cost of the Edmonds Fire Department.  Accordingly, I

conclude that during 1976 the Union is entitled to a pay increase of no more

than the 10% increase in the cost of living which occurred between August 1974,

and August 1975, plus a 2% increase in overall funding for wages or salaries

which will make possible continued use of merit increases pursuant to the

Prior Salary Administration Plan.

            This determination coincides with the recommendation made by the chairman

of the fact-finding panel.  It is also in line with the pay increases which

have been put into effect for employees in the police department (for whom a

1% bonus above the 10% increase for cost of living was made effective across-

the-board from January 1, 1976 to July 1, 1976, and administered thereafter

during 1976 pursuant to the merit system.)  Employees in the public works

department have also received comparable pay increases.

            The increase in pay which is to be included in the collective bargaining

agreement will result on an overall basis to an increase in labor costs of 12%,

which is 2% more than the increase in the cost of living during the period

from August 1974 to August 1975.  That additional amount is necessary to permit

the City to continue to use the Prior Salary Administration Plan, and thus per-

mit the recognition of meritorious performances by individual firefighters.

An arbitrator may feel reluctant to grant pay increases in excess of the increase

in the cost of living in the absence of a demonstrated improvement in productiv-

ity.  In this case, the fact that the 2% merit increase will be awarded to

employees who have established that they merit an increase does much to ensure

that.the additional pay increases will be reflective of increased productivity

or efficiency.  In addition, the increase in the cost of living between

August 1975, and January 1, 1976, was significant.  While exact figures for

the Seattle area are not available for that period, it does appear that the

increase in the consumer price index between August 1974 and November 1975

was 11.6%, or an additional 1.6% above the cost-of-living increase previously

determined upon.  It thus appears that the total pay increase to be put into

effect in 1976 will not actually exceed the increase in the cost of living

between the time chosen to fix the wage rates of the prior contract and the

wage rates of the contract under consideration in this proceeding.

            For the reasons stated above, I conclude that the proper pay increase

for the calendar year of 1976 is a 10% across-the-board pay increase to cover

increases in.the cost of living.  In addition, the Employer shall award a

total of 2% of the wages paid under the former collective bargaining agreement

to employees in the department on the basis of merit, following the principles

of the Prior Plan as contractually modified by this decision.

 

Retroactivity of Pay Increases

            The City proposes that any pay increase directed as a result of this

arbitration proceeding should become effective as of the beginning of the month

in which the award is made.  The reason for thus limiting the effectiveness of

the award is said to be that all of the delay in the negotiation and arbitra-

tion process is due to the Union and the changes it has made in its demands.

It is true, as the City points out, that the chairman of the fact-finding

panel did criticize the Union for lateness in the presentation of its wage

proposals in fact finding.  On the other hand, the chairman of the fact-find-

mg panel also noted that the unavailability at times of the labor relations

representative for the City made it impossible to complete the fact-finding

process within the time set by the statute.  The punitive wage proposal made

by the City did nothing to eliminate the need for arbitration.  Moreover,

delays in the presentation of this dispute to arbitration might also be attrib-

uted to the City, as for example in its presentation of a motion that the

chairman disqualify himself almost one month after the appointment of the chair-

man, which required the postponement of a hearing scheduled for June 29, 1976.

Such a motion had previously been made to the Commission itself, which denied

that motion two weeks prior to its renewal before the chairman of this panel.

            I think it unnecessary, however, to engage in a careful and precise

determination of which of the parties is more at fault for the delays which

have attended the negotiation and ultimate arbitration of disputed provisions

of the proposed collective bargaining agreement.  It seems apparent that the

purpose of negotiating the collective bargaining agreement is to set the proper

and correct terms and conditions of employment for firefighters of the City

of Edmonds from and after January 1, 1976.  Viewed in this light, it is appa-

rent that the pay increases found to be appropriate should be made effective

retroactively to January 1, 1976, except insofar as the Fire Chief may decide

to use the 2% merit pay to provide a larger merit increase during this period

for certain deserving employees.

 

The 1977 Wage Increase

            The parties are in agreement that there should be a cost-of-living

pay increase effective January 1, 1977, equal to the percentage increase in

the consumer price index for the period from August, 1975 to August, 1976.

(According to the City's  post-hearing brief, statistics recently released by

the U.S. Bureau of Labor Statistics fix this increase at 5.3%, but those

statistics were not made a part of the record in this case.)  The Union

suggests that in addition, if the Prior Plan is retained, provision should

be made to permit additional merit payments.  The Union's basic proposal would

have required increases in wages going beyond the cost of living because of

increases for seniority and educational credits.  Since the Employer has

prevailed upon its contention that merit system of the Prior Plan be preserved,

it is only equitable to require it to allocate an additional sum equal to 2%

of the wages paid as of December 31, 1976, to merit pay to be awarded during

the calendar year 1977.

 

Determination of Issues in Dispute

            1.         Minimum shift manning requirements shall not be added to the collec-

tive bargaining agreement.

            2.         Paragraph 2 of Article XI of the collective bargaining agreement

shall be revised to read as follows:

Shift exchanges:         When mutually agreeable, and for good

reason, any two members of the same rank may exchange their

day off period, but only with the approval of their Lieu-

tenants who shall obtain approval of the Fire Chief.  Shift

exchanges are recognized as a privilege not to be abused by

overuse or for frivolous reasons.  They shall be allowed

upon request in writing timely made, by the Chief or his

designate, provided, however, that such exchanges may be

denied for good reason which shall be set forth in writing

and such document given to the persons involved in the pro-

posed exchange.

            3.         Paragraph 1. A. of Article XI shall be revised to read as follows:

A.        The shift of a day worker shall be eight hours; for

shift personnel, it shall be twenty-four hours.  A work

week for day workers shall consist of five shifts; an

average work week for shift workers shall consist of two

shifts per week.  The work week of day workers and shift

personnel shall be regularly scheduled in advance by the

Department and shifts shall be worked consecutively for

each work week unless the individual agrees to a change in

shift hours or in case of an emergency.

            4.         No change shall be made in Article XIX concerning the relationship

between sick leave and disability pay approved by the Disability Review

Board.

            5.         No change shall be made in the collective bargaining agreement con-

cerning the number of senior firefighters.

            6.         No change shall be made in the plan pursuant to which salaries and

wage ranges are determined other than the following:

                        a.         Recommendations for merit increases made by the Chief to the

Mayor's Administrative Assistant will not be denied by the Mayor.

                        b.         In making personnel merit reviews the Chief shall consult

and confer with a representative selected by the Union at some time

prior to the making of his final determination of the granting or with-

holding of individual merit increases.

                        c.         Whenever merit increases are recommended, the Chief shall

state in writing the reason for the merit increase and furnish a copy

of that statement to both the Union and the individual employee involved.

            7.         All employees in the bargaining unit shall receive a 10% increase

over the rate of pay which they were receiving for the month of December, 1975.

In addition, the City shall provide an additional sum of 2% of the annual

salaries computed at the rates in effect during December, 1975, for use in

paying merit increases to individual employees pursuant to the City's salary

administration plan as limited by paragraph 6 of this determination.

            8.         The salary or wage increases directed by paragraph 7 of this determ-

ination shall be made retroactive to January 1, 1976, except insofar as the

Chief may decide to allocate the additional sum of 2% of the annual salaries

to provide larger merit increases for individual employees.

            9.         The salaries or wages received by employees in the unit shall be

increased for the year beginning January 1, 1977, by the percentage of the

increase in the Consumer Price Index for the Seattle area published by the

U.S. Bureau of Labor Statistics for the period from August 1975 to August

1976.  In addition, the City shall provide an additional sum of 2% of the

annual salaries computed at the rates in effect in December, 1976, for use

in paying merit increases to individual employees pursuant to the City's

salary administration plan as limited by  paragraph 6 of this determination.

 

Seattle, Washington

November 5, 1976                             

                                                            Cornelius J. Peck, Chairman of

                                                            Arbitration Panel

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.