INTEREST ARBITRATIONS

Decision Information

Decision Content

IAFF, Local 2088

And

City of Tukwila

Interest Arbitration

Arbitrator:      Jonathan S. Monat

Date Issued:   03/16/1978

 

 

Arbitrator:         Monat; Jonathan S.

Case #:               01214-I-77-00044

Employer:          City of Tukwila

Union:                IAFF; Local 2088

Date Issued:     03/16/1978

 

 

 

 In the Matter of Arbitration )

                                                            )                                   ARBITRATOR'S OPINION

          Between                                    )

                                                            )                                               AND AWARD

 City of Tukwila,                                 )

            and                                          )

IAFF, Local 2088                               )

 

 

 

            A hearing was held in Tukwila on February 3, 1978, from 2 pm to 5:30pm.

Cabot Dow represented the City of Tukwila and Doug McNall represented the

 Union.  Members of the arbitration panel included Jonathan S. Monat, Impartial

Chairman; Dave Green, appointed by the Union; and John McFarland, appointed

by the City.  Mr. Green and Mr. McFarland filed written opinions to the Chairman

prior to the writing of this award.

 

                                                            ISSUE

The parties stipulated that the sole issue before the arbitration panel was

Article XVIII: Longevity, an interest matter to be decided as terms of a new

collective bargaining agreement.  This issue reaches the arbitration panel under

RCW 41:56.

 

                                                            EXHIBITS

Joint Exhibit 1:           197601977 Collective Bargaining Agreement

Joint Exhibit 2:           Tukwila City Ordinance 997

Employer Ex.  1:        Employer Proposal of the Issue

Employer Ex. 2a:      Employer Prehearing Statement

Employer Ex. 2b:       August 29 letter, attachments

Employer Ex. 2c:        1978-1979 Agreement

Employer Ex. 2d:       LaCugna Award

Employer Ex. 2e:       Certification of City Clerk, Agreement-Longevity of other

                                    City employees

Employer Ex. 2f:        Graph-Longevity Practices

Employer Ex. 2g:       Association of Washington Cities Survey

Other documents received per request of the arbitration panel

Union Exhibit 1:         1973 Collective Bargaining Agreement, page 3, longevity

Union Exhibit 2:         1974 Collective Bargaining Agreement

Union Exhibit 3:         City of Tukwila Ordinance 604, 1969

Union Exhibit 4:         1975 Collective Bargaining Agreement

Union Exhibit 5:         City of Tukwila Ordinance 657, 1970

Union Exhibit 6:         June 20, 1977 - City's Original Proposal

Union Exhibit 7:         Comparable Cities - Longevity

Union Exhibit 8:         Proposed Salary Plan, Resolution

Union Exhibit 9:        City Ordinance No. 1019

Union Exhibit l0:        Longevity Cost Projections

 

                                                OPINION

The chairman has carefully reviewed the evidence and testimony presented

at the hearing, and the positions of other members of the arbitration panel

concerning the longevity clause at issue.

 

Both parties rely to some degree on the "comparable cities" argument, a

position reasonably justified on the basis of the statutes.  The position of

both parties is plausible and reasonable when looking at comparable cities,

notably Lynnwood, Kent, Auburn, and Puyallup.  Comparative data within the City

of Tukwila were also reasonable.  Neither party 5 comparison is perfectfly con-

sistent and the choice the arbitration panel is asked to make is frankly arbi-

trary when relying on the comparable cities criterion.

 

Secondly, the concept that longevity is dealt with elsewhere in the agree-

ment presents problems.  The chairman excluded testimony at the hearing that

there were other clauses negotiated and settled in relation to the longevity

issue.  Yet the position of the City points to other clauses and a new ordinance

as bearing on the longevity issue.

 

The bargaining history with respect to longevity is reasonably clear.  The

City did not agree with the union on longevity.  There was no tying of longevity

to any other issue, settled or unsettled.  In essence, the City said that the

Council passed Ordinance 997 effective 1 January 1977 and the matter was beyond

the scope of bargaining as a matter of fiat.  Arbitrator LaCugna was cited as

having so ruledin an earlier decision involving the parties.

 

From the chairman's dispassionate view of the record, the real differences

on longevity turn on whether or not it has been foreclosed by the City Council

and the Mayor by legislative action.  The contract in force between the parties

contains two clauses of interest, Article VI - Management Rights and Article

XXIII - Supplemental Agreements, a so-called zipper clause.

 

In the latter case, the parties have had a longevity clause in the agreement

for many years.  It has always been discussed, bargained, and, until this year,

agreed upon.  So until 1977, longevity was considered by both parties a bar-

gainable issue.  In the meantime, the City Council, outside the agreement,

passes an ordinance which radically changes working conditions agreed upon in

the written agreement.

 

The Union has contended with some support that it consistently objected to

the Ordinance, initially within the timeframe of Artivle VI.  Beyond that, it

protested throughout bargaining that the specific language of the previous

ordinance incorporated in the collective bargaining agreement was acceptable,

agreed upon, and long-term benefits were derived and expected from that language

in the agreement.  Any change in language was an intent to change the meaning of

the provision.  In this case, the Union desired to retain present intent.  The

City position would change that agreed upon meaning and intent, and even reduce

the monetary value of the benefit unilaterally.

 

Can the City propose a fiat, nonegotiable right?  The fiat right is well-

established certainly but with some clearly emerging limitations.  The limitation

concern the legislative body's role in bargaining and in legislation.  Under

present Washington collective bargaining law (46.51.100) the fiat right appears

to be preserved if,the legislative body delegates such ordiance authority to any

civil service commission or personnel board....

 

There is no such board in this instance.  The collective bargaining agree-

ment is negotiated by an agent of the Council and the written agreement is signed

by the President of the Council and the Mayor.  It is the City Council which

passes all ordinances.  So, in effect, the City may bargain or not bargain as

chooses to pass ordinances.  It should not hide from the duty to bargain over

an issue it has previously bargained by passing an ordinace.  There is an in-

herent conflict in such a system.

 

The fiat right would have preserved had the City had a legally established

body as defined in 41.56 or had the particular issue been defined by a dis

interested legislative body such as a state legislature or county council.

This is not to say that the City's intent to create a uniform set of personnel

policies is wrong.  There would be many advantages to such a practice.  But the

establishment of uniform policies must not be at the expense of existing con-

tractual rights.

 

Thus, the Chairman would conclude that the language of the longevity clause

in the new agreement be as the Union proposes.

 

                                                   AWARD

1.         The longevity clause of the 1977-1978 agreement shall read:

 

                        "After five years of continuous full-time employment with

                        the City, the eligible employee shall receive an additional

                        $5.00 per month ($60.00 per year).  And for each additional

                        year of continuous full-time employment thereafter, the

                        elibible employee shall receive an additional sum of $5.00

                        per month ($60.00 per year).

 

2.         Benefits accrued since the signing of this agreement shall

            be paid from the date the 1977-1979 agreement went into

            effect.

 

                        March 16, 1978         

            Bellingham, WA 98225                                  Jonathan S. Monat

                                                                                    Impartial 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.