INTEREST ARBITRATIONS

Decision Information

Decision Content

Spokane Police Guild

And

City of Spokane

Interest Arbitration

Arbitrator:      Richard J. Ennis

Date Issued:   11/10/1978

 

 

Arbitrator:         Ennis; Richard J.

Case #:              01752-I-78-00054

Employer:          City of Spokane

Union:                Spokane Police Guild

Date Issued:     11/10/1978

 

 

 

            IN RE:  ARBITRATION                  )          

                                                                        )

                                                                        )

                                                                        )

            CITY OF SPOKANE             )          

                                                                        )           MEMORANDUM OPINION

                        AND                                       )

                                                                        )                             OF

            SPOKANE POLICE GUILD            )          

                                                                        )           NEUTRAL ARBITRATOR

 

 

                        This matter came on for arbitration pursuant to RCW

41.56 which provides a time frame for negotiations in connec-

tion with collective bargaining, to be followed by a hearing

before a fact-finding panel in the event the parties cannot

agree.

 

                        A fact finding hearing was had before Gary L. Axon,

neutral chairman, whose findings and recommendations are on

file.  Both sides have challenged the fact finder's report.

RCW 41.56.450 provides that, in such case, the parties shall

proceed to final and binding arbitration.  The arbitration

panel  consists of the following:

 

                        Richard J. Ennis, Neutral Chairman

 

                        Michael L. McClintock, Guild Member

 

                        Richard L. Campbe!l, City Member

 

Mr. McClintock and Mr. Campbell were wholly partisan and, in

fact, acted as advocates during the hearings.

 

                        Also  appearing on behalf of the parties and partici-

pating in the hearings were:

 

 

                        City:                Robert V. Prouty

                                                Employee Relations Specialist

 

                                                Robert Beauinier       T. J. O'Brien

                                                Corporation Counsel

 

                        Guild:              Gary Johnson, Guild President

                                                Jerry Poindexter

                                                Howard Russell

 

            A pre-hearing conference was held on Monday, October

16, 1978, between the panelists at which ground rules were

arrived at and a tentative schedule established.  Hearings

were commenced on October 18th, and continued on October 25, 27

and 31st.

 

            A large number of exhibits were introduced by the

participants on both sides and both sides called witnesses.

The hearings were conducted informally.

 

            Prior to presenting any evidence the city moved that

the report of the fact finder be deemed Drima facie correct

unless overcome by evidence to the contrary.  The guild re-

sisted bills arguing that the statute did not so provide, but

did provide that the fact-finders report should be considered

along with all of the other factors set out in the statutory

guidelines.  The motion was denied on that basis.

 

 

                                                ISSUES

 

            At the time of the fact finding hearing the city had

made an offer of an 8 1/2  percent increase of which 7 percent was

in wages and 11/2 percent for fringe benefits. The guild was re-

questing a 20.94 percent increase which was reduced to 13 percent

going into the arbitration.

 

            The fact finder's report was in favor of the city on

the four items directly related to base pay.  These items con-

sisted of base pay in itself, along with family medical, lon-

gevity pay, and full family dental.  The findings were in favor

of the police on the issues pertaining to a second year contract,

shooting qualification, and changing the payroll date.

 

            At arbitration the police guild challenged the first four

findings while the city challenged the last three.

 

            The guild elected to accept the city's proposed change of

pay date.  There is also no dispute in regard to the proposed

family dental plan.

 

            On the issue of base pay it appears that a more complete

and detailed presentation was made by both sides at arbitration

than was made at fact finding. It is also noted here that the

fact finder did not have the benefit of later developments

which will be discussed further on in this opinion.

 

            Without question the largest and most hotly disputed

issue is that of base pay.  Well over one hundred pages or

charts, graphs, tables, schedules and compilations were intro-

duced in support of the positions of each side and pertaining

to the issue of base pay.

 

 

                                                STATUTE

 

            RCW 41.56.460 sets out the following standards and guide-

lines to be considered in reaching a decision:

 

            (a)        The constitutional and statutory authority of the

employer.

 

            (b)        Stipulations of the parties.

 

            (c)        Comparison of the wages, hours and conditions of

employment of uniformed personnel of cities and counties res-

pectively of similar size on the West Coast of the United

States.

 

            (d)        The average consumer prices for goods and services,

commonly known as the cost of living.

 

            (e)        Changes in any of the foregoing circumstances during

the pendancy of the proceedings.

 

            (f)        Such other factors, not confined to the foregoing,

which are normally or traditionally taken into consideration

in the determination of wages, hours and conditions of employ-

ment.

 

            (g)        Findings of fact made by the fact-finder pursuant

to RCW 41.56.440.

 

            The comparison cities used by the Guild were Santa Ana,

Anaheim, Riverside, Fresno and Tacoma,  the first four being

in California.  The City of Spokane also used these five cities

but in addition, included Salt Lake City and Colorado Springs.

The Police Guild vigorously and consistently objected to the

inclusion of the latter two cities for reasons that will be

examined.

 

            Prior to the enactment of the statute governing these

proceedings choice of comparables was a matter of disagreement

in the state legislature.  Prior to passage a bill had been

introduced requiring comparison with the local job market.

Another bill required comparison with the eleven Western States.

The bill finally enacted requires that the comparison cities be

on the West Coast.

 

            This issue was further resolved in a Superior Court

determination that the comparison cities be situated in Alaska,

Washington, Oregon or California.  The five cities enumerated

are the closest in size to Spokane and this is not in dispute.

 

                                                HEARINGS

 

            The hearings consisted largely of the presentation and

introduction by both sides, of tabulations, charts, compile-

tions, schedules and graphs which embodied a statistical analy-

sis of wages, hours, working conditions and fringe benefits

enjoyed by the Spokane police as compared with those of the

comparison cities.  The introduction of each exhibit was ac-

companied by testimony and argument in its support.  To say

that there was disagreement between the parties on these points

would be a gross understatement.

 

            No exhibit was presented that was not challenged by

the other side.  Both sides consistently contended that its

opponent's graphs, charts and statistical comparisons were

either invalid, or distorted, because of the inclusion of cer-

tam  things that ought not to have been included, or by the

failure to include factors that ought to have been included.

Each side argued that his adversary's figures should have been

weighted to include other items, or if they were weighted,

then they should not have been.

 

            In this regard it is significant that the contestants

could not agree as to just what the average Spokane police

officer was being paid right now.  The Guild contended that

the only meaningful, real time figure was the amount on the

paycheck.  The city took the position that a realistic figure

must include fringe benefits, and must also average out the

yearly wage.  These differences in computation permeate many

of the exhibits introduced by both sides.

 

 

                        DISCUSSION AND CONCLUSIONS

 

            The panel recognizes going in that it cannot determine

with surgical precision just what amount of money is the "exact"

proper pay for a Spokane police officer.  There are no abso-

lutes here.  We can, at best, arrive at something within a

reasonable range.

 

            As mentioned earlier, every conceivable argument has

been raised by both sides in support of its own compilations,

and in derogation of its opponent's.  Although these arguments

have been considered, in the interest of reasonable brevity,

this opinion will not attempt to treat with each contention

raised.

 

            At the very outset we must determine what the average

Spokane Police Officer is being paid today.  As has been men-

tioned the city's approach is that of budgetary outlay, an-

nualizes the pay rates and includes fringe benefits.  In so

doing it arrives at a monthly figure of $1,418.00.

 

            The Guild's real-time figure of $1,350 per month is

characterized by the Guild as the amount the rank and file

police officer receives.  This is based on top patrolman pay

and is used because there are more officers in this rank than in

any other and this rate of pay is applicable to two-thirds of

the force.  Since the Guild's approach seems more direct and

realistic to us we accept it.

 

            The Guild's exhibits 33 and 34 show that officers in

the four California cities are the highest paid, followed by

Tacoma and then Spokane.  Spokane pay ranges between 20 and

22 percent behind the California rates and 9 percent behind

Tacoma.

 

                                                WSU STUDY

 

 

            In 1976, at the request of the City of Spokane, the

College of Economics and Business at Washington State Univer-

sity did a research study on comparable cities in eleven

Western states in order to determine what comparisons would be

'valid in determining wages, hours and conditions of employment

for uniformed personnel. The conclusions reached in the study

follow:

 

(1)  The only city that is comparable to Spokane

is Tacoma, Washington.  Cluster analysis, as

well as graphic profiles, indicate a close

similarity between Spokane and Tacoma.

 

(2)  If we tolerate a higher degree of dissimilarity,

four California cities, Anaheim, Santa Ana,

Fresno, and Riverside, and two interior cities,

Salt Lake City and Colorado Springs, show some

similarity to Spokane.  However, it should be

noted that the similarities between Spokane and

these six cities are at best marginal, while the

similarity between Spokane and Tacoma is very

strong.

 

(3)  Spokane is not comparable in any meaningful way

to Torrance.  Nor is it useful to compare Spo-

kane to other independent cities in the eleven

Western States (e.g., Albuquerque, Salt Lake

City, Tucson, Colorado Springs) which have been

mentioned in recent fact finding reports."

 

            It should be noted here, that the statute governing

these proceedings requires comparison with cities of similar

size on the West Coast.  In arriving at its conclusions the

WSU study utilized a number of factors of which, size, was

only one.  In fact, the WSU study entailed an exhaustive analy-

sis of a large number of factors and variables.  In our opinion

it should be accorded a great deal of weight.

 

            The city has justified its inclusion of Salt Lake City

and Colorado Springs among its comparison cities because the

WSU study mentioned them along with the four California cities

as showing some similarity to Spokane.  The WSU study noted,

however, that the similarity was marginal and went on to say

that it was not useful to compare Spokane to other independent

cities. such as Albuquerque, Salt Lake City, Tucson, and Colorado

Springs.

 

            We note here, that the statute sets forth no require-

ments as to what cities shall be selected nor how many cities

shall be used.  The cities used as comparables were selected

because they were within plus or minus 20 percent of the popu-

lation of Spokane.  The WSU study speaks of this as an arbi-

trary. choice constituting a comparison in a limited sense.

 

            The statute provides factors to be considered but

characterizes them as guidelines.  The tenor of the statute

makes it clear that no slavish adherence to any one of the

factors mentioned is required.  We are not precluded from

questioning the validity of the selection of the comparison

cities in the same manner as the WSU study has done.

 

            The statute directs that West Coast cities be used.

However, in another guideline it directs that we are to con-

sider other factors normally and traditionally considered in

such disputes, hence the City's inclusion of Salt Lake City

and Colorado Springs.  The WSU report found that these cities

were no more comparable than were the California cities.

 

            If we place considerable reliance on the WSU report,

and I think we must, it then appears that all of the figures

and statistics garnered from the four California cities along

with those from Salt Lake City and Colorado Springs have only

"marginal significance, while those from Tacoma are important.

 

            The evidence is very clear that the conditions which

exist in California are quite different from those in Spokane.

In California the population density in the surrounding coun-

ties is greater, there are ethnic differences, the cost of

living is higher, the crime rate is higher.  Three of these

cities might be considered satellites of Los Angeles.  The

significance of these differences no doubt played a large part

in the conclusion reached at WSU that these cities are not

really comparable.

 

            Some of these things also apply in a comparison with Tacoma,

but the differences are not nearly so great.  Tacoma is an old

city with a fairly stable population.  It cannot be termed a

satellite of Seattle in the same sense as, perhaps, Everett and

smaller surrounding cities.

 

            Both Tacoma and Spokane are in the State of Washington,

both operate under the same law and taxing procedure.  This is

not to say that what Tacoma does, Spokane should do.  Many here

would point out that Spokane is indeed, a more modern and ad-

vanced city than Tacoma, and that a flat, across the board com-

parison is not justified.

 

            Although Tacoma has been used as the chief comparison city

we also note that Tacoma cannot be considered particularly advan-

ced in its treatment of its police officers.  It has no educa-

tional incentive program, and it only recently adopted a longevity

pay schedule,perhaps following.Spokane's lead.  One of the matters

that we consider significant is that. of educational incentive.

The California cities encourage their police officers

to increase their education by giving them additional pay for

college credits obtained.  Spokane has no such program, nor

does Tacoma.  Spokane does, however, require applicants to have

one year of college English and two years of college humani-

ties or social science prior to taking the exam for a position

on the police force.  It is self-evident that the better edu-

cated the police officers, the better the police force. A sub-

stantial number of Spokane police officers have college degrees.

They receive no extra pay whatever their education.

 

            It is contended by the city that Spokane police offi-

cers receive higher pay than do firemen and that they are also

higher paid than are the Deputy Sheriffs who operate out of the

same building and do similar work.  The Guild's rebuttal to

this is that as opposed to firemen, the police are required to

deal with the public constantly and to resolve social problems

which no other group of employees encounter.  They are subject

to criticism and abuse, consequently, the stress is immense.

 

            They further contend that police pay and sheriff's

pay has leap-frogged, in some years Sheriff's deputies receive

more pay than police.  The Guild's most vigorous contention is

that in regard to the comparison cities, the Spokane Police

are in a "catch-up" position and it is for this reason that

they will not accept the City's offered increase as other city

employees have done.

 

            Arguments have been marshalled purporting to show that

the Spokane police officer's buying power is greater than that

of the California police because of the absence of a Washing-

ton income tax.  Also mentioned are Proposition 13, the Presi-

dent's message, the freezing of public employee's salaries in

California.  Counter arguments mention Washington's "6 percent

lid law" and Anaheim's legal action against the State along

with a Supreme Court decision exempting states and municipal

ities from Federal wage guidelines.  We think these arguments

put too fine a point on it, and though worthy of some consider-

ation, they are far from controlling.

 

            In arriving at our conclusions we have not assigned

index numbers to the statutory guidelines nor have we allocated

a numerical weight figure to the arguments presented.  Some

of the reasons for our conclusions have been discussed above

and more follow.

 

            Cost of living is one of the statutory factors to

be considered.  There are two methods employed in arriving at

the cost of living differences.  One method uses the All Urban

Index which includes the major cities within the entire United

States.  The use of this index places Spokane at 5.78% below

all of the comparison cities.

 

            Another method was derived at Eastern Washington

University which discounts the Seattle index by 4.6% to arrive

at a Spokane index.  The guild has suggested that a 5% lower

'cost of living in Spokane, as compared to Tacoma, would be

appropriate and we accept that as a reasonable median figure.

 

            The percentage of major crime in the comparison cities

is significantly higher than it is in Spokane.  Major crimes

are homicide rape, assault, robbery and theft.  It is inter-

esting to note that Spokane leads all cities in rape.

 

            Major crime in the five cities is 31% higher than it is

in Spokane.  When Spokane is compared with Tacoma, however; the

percentage difference is not as great.  Moreover the workload

of a police officer on a daily basis is not devoted to major

crime.  Alone, major crime is not an accurate indicator of an

officer's daily work load.  Still, it must be given consider-

ation since it is directly related to the danger police encoun-

ter in doing their job.

 

            Another statutory factor which we are directed to

consider is changes which have occurred during the arbitration.

On the last day of the arbitration hearings it was learned that

the  Tacoma police had reached an agreement with the city for

a 1979 wage increase of 9%.  This is very important for two

reasons.  First, Tacoma is our chief comparison city; and

secondly, it means that Tacoma will go into 1979 with an in-

crease of 9% above the figures used throughout Spokane's nego-

tiations and arbitration.  We are arbitrating the 1979 wages

here.  This means that Tacoma police will receive 18% more in

pay in 1979 than the Spokane police, and that it would take an

18% increase to bring Spokane police pay up to that of Tacoma.

 

            If we discount this by the 5% cost of living difference

we arrive at a 13% increase which is what the Spokane Police

Guild is asking for.  This is a substantial increase, however,

the Guild has maintained throughout that their reason for ask-

mg it is that they must catch up with what is being paid

elsewhere.

 

            The panel agrees with the Guild on this and will allow

the 13% increase in pay.  The statute requires a comparison

of the wages paid to police in cities of similar size.  Both

the Spokane and the Tacoma police receive less than is paid to

their counterparts in the California cities, however, we no

longer believe these cities to be valid comparables.  The

law does compel us to compare Spokane with Tacoma and this we

have done.

 

            Whatever Spokane may have been in the past, few would

disagree that it is now a modern, advanced city, larger than

Tacoma and under no requirement to place itself in a position

chronically behind Tacoma in the amount it pays its police

officers.  With the adjustment for the cost of living differ-

ence we feel that the Spokane police are entitled to as much

pay as are the Tacoma police.  This is the time then, for the

police Guild to "catch-up."

 

            We have found that the California cities previously

spoken of are not valid comparables.  Placing the Spokane

police pay on a par with that of Tacoma complies with the

statutory requirements and eliminates the "catch-up" argument.

 

                        For these reasons, as well as those discussed earlier,

we find for the Guild and allow a 13% increase in base pay.

 

                        The evidence presented to the fact finder on the ques-

tion of fringe benefits was substantialy the same as that pre-

sented at arbitration.  We have examined the fact finder's

conclusions and agree with them on issues of family medical,

and dental, and longevity pay.

 

                        We also agree with the fact-finder's conclusion in

regard to shooting qualification.  Evidence revealed that only

one member of the police force failed to qualify under the pre-

sent schedule.  We see no real issue here nor any reason to

change the present arrangement.

 

                        The only remaining issue is that of the second year

contract.  The fact finder recommended that wages be incresased

in the second year based on 75% of the All Urban Cost of Living

Index with a 2% allowance for fringe benefits.  The parties are

in disagreement on which index is to be used.  Since, in this

opinion we have basically used the Seattle Cost of Living

Index we will continue to do so.  With that change we concur

with the fact finder's recommendation.

.

Dated November 10, 1978                                       

                                                                                    Neutral Chairman

           

 

 

 

 

 

 

IN RE:  ARBITRATION                  )

                                                            )

CITY OF SPOKANE             )                       ADDENDUM TO OPINION          

                                                            )

            AND                                       )                       NEUTRAL CHAIRMAN

                                                            )

SPOKANE POLICE GUILD            )

 

 

            A concurring opinion and a dissenting opinion have been

by panelists Michael McClintock and Richard Campbell

respectively.  Mr. Campbell's minority opinion has pointed out

certain formal errors in the neutral chairman's decision regard-

mg the references to the fact-finder's holdings. Consequently,

the following corrections are made:

 

            1.         Paragraphs one and two, Page three in the Memorandum

                        Opinion of the Neutral Chairman are deleted.

 

            2.         The words "fact-finder's conclusion" in the third paragraph

                        on page 15 are changed to read "city's position.

 

The remainder of the material contained in the minority

opinion is simply a restatement of the city's position present

ed and argued at the arbitration hearings. Counter arguments

were presented by the Guild at that time on each point raised

in the minority Opinion. Having considered the arguments of

both sides the chairman found that in large part, the Guild's

presentation to be sound and the city's to be without mercy.

 

 

Dated November 28, l978                                         Richard Ennis

                                                                                    Chairman

 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.