INTEREST ARBITRATIONS

Decision Information

Decision Content

Seattle Police Officers Guild

And

City of Seattle

Fact Findings

Arbitrator:      Jonathan S. Monat

Date Issued:   09/30/1978

 

 

Arbitrator:         Monat; Jonathan S.

Case #:              01789-I-78-00056

Employer:          City of Seattle

Union:                Seattle Police Officers Guild

Date Issued:     09/30/1978

 

 

 

In the Matter of Fact Finding                        )

                                                                        )

Between                                                          )           REPORT OF THE FACT FINDING

THE CITY OF SEATTLE                             )           PANEL

                                                                        )

and                                                                  )

                                                                        )

SEATTLE POLICE OFFICERS GUILD     )           September 30, 1978

______________________________            )

 

The City of Seattle and the Seattle Police Officers Guild (SPOG)

arrived at impasse under RCW 41:56, on July 14, 1978.  An impartial fact

finder, Jonathan S. Monat, was appointed to chair the fact finding panel.

Other fact finders appointed were Robert Moffett, President, SPOG, by the

SPOG, and John Franklin, Negotiator, City of Seattle, by the City.  At

the prehearing meeting held on August 10, 1978, the panel met with repre-

sentatives of the City and the Guild to hear proposed agendas and set

groundrules for the hearing.  The factfinding hearing was held on August 21,

1978, in the Superintendent's Conference Room, Seattle City Light Building.

 

Although the parties continued to negotiate prior to the hearing, no

agreement was reached on the issues.  Bargaining continued after the hearing,

again with no resolution.  A second meeting of the panel was held on

September 30, 1978, at SeaTac Airport.

 

A major factor affecting the fact finding process, in addition to

the number of issues, was the inability of the parties to fully agree on

what the unresolved issues were.  Some sixty-six exhibits were filed at

the hearing and numerous post-hearing documents were filed, as well.

 

In making the recommendations in this case, the chairman has attempted

to rely on established collective bargaining principles as a framework for

this report.  Such principles may be found within the public sector collec-

tive bargaining arena, RCW 41.56, and the labor relations history of the

City and SPOG.  An attempt was made to rely fully on factual evidence

rather than an appeal to subjective opinion unsupported by evidence or

appeals to conscience.

 

One principle that should apply consistently throughout is that set

of criteria embodied in RCW 41.56.460.  Of particular interest is the

comparison cities standard, permitting and requiring comparison of Seattle

and SPOG to other similar cities on the West Coast.  The prehearing con-

ference had identified a set of comparison cities which had been used in

previous negotiations and firmly established in the 1977 Arbitration Award.

The consistency provided by use of these same cities is viewed as essen-

tial to responsible collective bargaining and should not be changed in the

absence of evidence contrary to the nee& for change.

 

Many cities proposed by the Guild, depending on the issue (i.e.;

Detroit, Nassau, Tonawanda, Jersey City, and so on) are neither comparable

to Seattle or within the scope of RCW 41.56.460.  Comparison cities used by

the fact finding chairman include:

 

Portland, Oregon; Sacramento, California; Tacoma, Washington;

San Diego; Long Beach, California; San Francisco; Oakland, California;

San Jose

 

Within this comparison group greater emphasis is given Portland and Tacoma

because of different economic conditions than found in California and some

recent drastic tax changes in California.  Nonetheless, all eight cities

are considered.

 

In addition, the chairman generally has minimized comparisons with

the private sector.  It is difficult to compare public and private wages,

hours, and working conditions without examining the full package.  While

there may be some similarities, there are many significant differences.

And there is no equivalent to police officer in the private sector

 

Job-Created Stress  The Guild presented much evidence that police

work is very stressful and that police officers suffer a number of stress-

related illnesses.  The chairman is sympathetic to the job stress issue

and sensitive to the possibility that job stress may be a real liability

in the performance of Seattle police work.  However, the evidence pre-

sented did not show the clear relationship between job stress and Seattle

police experience.  The papers introduced and the testimony of Dr. Berberich

were general in nature.  There was no showing that the Seattle police of-

ficer job stress illness experience was different from any other occupa-

tion involving shift work or from the population in general.

 

Nonetheless, the chairman and the panel have given stress some consider-

ation in fashioning this report and its recommendations.  The weight given

job stress is low, never being significant nor turning an issue.

 

RECOMMENDATIONS

Terms Of Agreement

 

The Guild argues for a term of agreement based upon achieving an

automatic cost-of-living escalator in a two-year agreement.  With a two-

year agreement and a COL clause, members would be protected against infla-

tion and the City can plan its economic situation more clearly.  According

to the Guild, the City argued for two- and three-year agreements prior to

the fact finding hearing but now wants a one-year term.

 

The City has argued for a one-year term of agreement at the fact

finding hearing.  It cited unstable economic conditions and revenue pro-

jections as the basis for a one-year term of agreement

 

There are some strong reasons for a two-year term of agreement.  It

would stabilize the collective bargaining relationship.  Recent bargaining

history between the parties show no real time to study important matters

which were the basis for Fact Finder Short's recommendations in 1977, for

a two-year term of agreement.  Yet evidence presented this year suggests

continued disagreement in these same substantive areas.

 

Based upon the bargaining history of the parties; a dispute over

the appropriate CPI, the politically-motivated equipment issue, and

continued strong disagreement over medical/dental premium levels and

availability of medical/dental economic data, a one-year contract is

recommended.

 

Salary

 

 A major issue to resolve in this report is the appropriate Consumer

Price Index (CPI).  The Bureau of Labor Statistics (BLS) changed CPI mea-

sures in June 1978, creating a revised CPI for Wage Earners/Clerical

Workers (Revised index) and a second CPI for All Urban Consumers (Urban).

 

The Guild would have the chairman and the panel use the All Urban

index as more representative of police officer life style (GE 15).  Inci-

dentally this index shows the greatest cost-of-living increase.  The

Guild argues that police work is a profession although this claim does

not use the traditional standards established by industrial sociologists

to define professions.  The Revised Index does not describe the way police

officers live.

 

The City argues for use of the Revised Index, incidentally the lowest

increase among CPI measures.  But the City notes that the Dictionary of

Occupational Titles code puts police officers in the Revised CPI cohort.

Also, a close look at the All Urban CPI would show many occupational groups

of nonprofessional stature, such as assembly line workers.

 

The chairman agrees that the All Urban CPI is not the appropriate

index to use.  The Guild did not establish a factual base to show that the

Seattle police officer life style was more akin to one group than another

or that there was a predominant police officer lifestyle.  Under such cir-

cumstances, it would be difficult to avoid the BLS definition.  The chair-

man, in reviewing all the data offered by the Guild in its many arguments,

has a nagging concern that the Guild is using an inconsistent set of com-

parisons and/or established standards of previous negotiations in framing

many issues.

 

But the question of whether to use the unrevised or revised CPI still

remains.  The best evidence submitted to the chairman indicates that the

BLS has carried the Revised Index back to July 1977, affording continuity

for the full year since the last agreement.  Prior to receipt of this in-

formation (City letters of August 31 and September 5, 1978) and its con-

firmation, the best available information would not have allowed continuity

and it would have been difficult to depart from the unrevised CPI this year.

But for the above reasons, a change can be made now.  Also, it should be

noted that actual cost-of-living increases according to either index are

below the Guild's extrapolated estimate of 10.52%.

 

 It is recommended that the Revised Index (Wage Earners and Clerical

Workers) be used in this agreement and in future negotiations.  It is the

basis of salary recommendations in this report.

 

Comparison Cities The problem of comparison cities is no more clearly

in evidence than in the area of economic issues.  The chairman has articulated

a preference for continuity in comparison cities based upon bargaining his-

tory.  It is recognized that the Guild has had a change in leadership and

that leadership be free to fashion new demands.  But some principles do

carry forward and appropriate comparison cities is one of those principles.

 

A very real concern to the Guild is the impact of Proposition 13 on

previously negotiated pay increases among comparison cities in California.

These increases were withheld by law.  The chairman has reviewed materials

comparing Proposition 13 and what it might mean in Washington State terms.

That comparison is not a simple one.  Given other evidence presented on

the Washington State tax system, there is no real basis for comparison.

However, it is fair to consider the negotiated increases that would have

taken effect July 1, 1978, in determining proper salary increases.  Table I

provides the data, as available.

 

Table I: 1978 Salary Increases

         Negotiated in Comparison Cities

 

City Increase:                                    Negotiated or Actual

 

Portland, Oregon                                                        7.8%

Tacoma, WA (5% +.75x3.4%)                      7.6%

Long Beach, CA                                 5.5%

Oakland, CA                                      6.0%

San Diego                                           4.7%             

 

Average                                              5.4%               7.7%

 

In examining Table I, it is interesting to note that the average

increase in California cities would have been 5.4%, based on available data.

The actual average in the Pacific Northwest is 7.7%.  Previous fact finders

and arbitrators have placed great weight on comparison cities and greatest

weight on nearby comparison cities in determining wage increases.  The

chairman believes this is a sound principle as the economic and other

conditions in Portland and Tacoma are more akin to Seattle than the Califor-

nia comparison cities.  In addition, the PNW increases are actual figures.

 

As noted by the arbitration panel in 1977, the Guild has more than

caught up with respect to other police officers.  The fact finder is un-

clear as to how the Guild arrived at an uncompensated loss of $989.  The

catch-up concept is a carrot-and-stick approach that would never ceases.

If the arbitration panel was correct last year, the present needs are to

retain parity and purchasing power.

 

Based upon an increase of 7.6%, the top step salary would increase

from $1557 per month to $1675.33, or some $1420 per year.  In dollar terms,

this is far more than the uncompensated loss and does keep the Guild mem-

ber whole with respect to purchasing power and comparison cities.

 

The City's data on revenue losses is unclear as to true impact.  There

is no evidence of the impact of changing revenues nor an accounting for the

true impact of some tax changes.  At the state level, for example, a pro-

jected deficit based upon removal of the food sales tax has been modified

to a surplus because of the greatly improved economy.  The data are am-

biguous and the City has not argued ability to pay.

 

The fact finder would like to deal with the productivity issue in

this report.  There is an emerging trend to take up the productivity

standard.  Unfortunately, there is no conclusive evidence offered by the

Guild or the City as to how much productivity is the result of officer

contribution, administrative practice, or population shifts.  It is recom-

mended strongly that the City and the Guild meet to agree upon how to

measure productivity in relation to wage bargaining.

 

It is recommended that a 7.6% wage increase be awarded to police

officers for 1978, retroactive to September 1, 1978.

 

Medical/Dental

The fact finder is faced with rather complex medical/dental positions

which, in effect, ask the panel to determine what the content of that plan

should be.  Most of the Guild's and the City's arguments are based upon

police officers' relationship to average.  However, the Guild's chief con-

cern is not to suffer loss of income by being required to pay a portion

of Guild member health premiums.  So the concept of "average" should not

be used as leverage to increase the cost of medical/dental benefits just

to increase costs.

 

Rather the officers should remain whole with respect to present

benefit levels.  In that way, there is no economic loss to officers and

there is a limit to the "blank check" the City might otherwise have to

sign.

 

The chairman is frank to admit that the inconsistency of the Guild's

demands as presented to the panel make it unclear as to what its position

is. In GE5, there is reference to an average, but the City also paying

too much.  As noted above, these terms have meaning with respect to

coverage and remaining whole rather than with respect to varied plans

elsewhere.  In GE6, the disparities and inconsistencies are clear when

the Guild notes the many varieties of medical/dental plans in comparison

cities.

 

It is recommended that the City should continue to pay 100% medical/

dental coverage for police officers and 100% of dependent premiums.  The

employer shall retain the right to select the insurance carrier.  Ortho-

dontics are not an appropriate benefit at this time.  All the Guild's com-

parisons are to private sector agreements or, in the WEA's case, to a pri-

vate associations.  No public sector comparison agencies provide this

benefit.

 

Present benefit packages and benefit levels shall be retained.  Ap-

propriate premium amounts necessary to support present benefit levels shall

be identified and placed in the agreement as maximum premiums.  By present

benefit levels, the chairman means same percentages.  For example, if the

cost of an ambulance was insured at 75% of the cost and the fee rises from

$50 to $100, the benefit should rise from $37.50 to $75.

 

Any fund surpluses, as in the dental plan, in a given year shall be

used to reduce premium payments for dependent coverage, thus providing

mutual incentive to control plan experience.

 

Shift Differential

The Guild proposes shift differentials as part of a triumverate of

benefits (longevity and educational incentive, the others).  There is no

precedent for shift differential anywhere among the comparison cities or

prevailing practices within the scope of RCW 4l.56.46O, c-e criteria.

Also, a greater number of Guild members benefit from longevity in real

dollar terms than they would by shift differential.  An educational in-

centive, properly capped, might be more appropriate and better received

judging from the mutual concern of the parties concerning police officer

quality.

 

Police Reserves

The Guild argues that the City is using the Police Reserve unit to

offset reductions in the number of regular police officers.  Language has

been introduced by the Guild in this year's and many previous negotiations,

but the City has consistently refused to agree to such language.  Informally,

the City has assured the Guild that it was not intending to increase the

reserve level above 60.

 

However, the Guild is concerned about such assurances because a

County Councilman has proposed increasing the reserve force.  Exhibit 12A

showed a fluctuating level of reserve usage but the Guild does not explain

why.  In essence, the Guild wants this contract language to protect job

security.

 

The City argues that no other West Coast city among the comparison

cities limited reserves in the collective bargaining agreement.  All but

Tacoma uses such units.  Most of the reserve assignments were in special

events (i.e., football games, King Tut, and so on) and Seattle Center.

Thus, the level of reserve usage fluctuates according to the size and

number of special events.

 

The chairman is swayed by the. City's interpretation of the data while

sympathetic to the concerns of the Guild. The collective bargaining agree-

ment should not be written in response to political pressure and rumor,

but in response to real needs in the employment relationship between the

parties.  The data do not support the claim that Guild members are being

replaced by reserves.  Also, the management rights clause (Article XIV)

supports the notion that the City is unrestricted by this agreement in the

use of police reserves.  Police reserves are mentioned nowhere in the

agreement.  The number of police reserves has fluctuated greatly above

and below the level of 60 desired as a cap by the Guild.  The Guild has

not protested or explained such fluctuations.

 

Police Cadet and Trainee Program

Given the incentive value of longevity for police cadet and trainee

and the relatively small cost, it is recommended that those who went

through the cadet and trainee program be awarded longevity pay for time

in these programs.

 

Nondiscrimination

The City argues for one of three alternatives which will bring the

contract into conformance with City ordinances as approved by the voters.

Alternatives include eliminating the whole section, adding words to avoid

conflict with the ordinance, or including the whole ordinance.  That the

collective bargaining agreement is consistent with the charter is the

desire of the City.

 

The Guild argues: that the contract takes precedence over City

ordinance, that the contract operates under state law.  It argues passage

of an initiative in November could remove the offending language, rendering

the fact finding recommendation useless.

 

The chairman recommends that inclusion of the nondiscrimination

clause.  To exclude such a clause would be to the disadvantage of both

parties and groups presently included.  But to include the whole ordinance

would be incredibly cumbersome and impractical.  To fail to act because

the voters might change the ordinance is not appropriate either.  The

best course is for the parties to amend the nondiscrimination clause

presently in the contract to represent the present coverage of the ordinance.

Should the ordinance be amended by the voters, the appropriate adjustment

will be made to the nondiscrimination clause.

 

Appendix F: Equipment Required

This issue is a difficult one for the panel.  All City evidence and

testimony indicated that shooting and equipment policy will be determined

by a broad constituency well beyond the collective bargaining relationship.

This presents problems because the Guild has taken a firm position to con-

trol policy in the contract as is presently done.

 

Behind these positions is a recent rash of shootings involving police

officers and suspected criminals in the commission of a crime.  The Guild

argues that officer safety is intrinsic to equipment policy.  Therefore,

the Guild must have some degree of certainty in and through collective

bargaining.

 

Given the likelihood that City policy on police firearms equipment and

shooting policy will be determined at or above the level of the Mayor's

Office, the panel's recommendations may be moot.  Nonetheless, some

recommendations can be made within the collective bargaining framework.

 

Once negotiated and in a contract, an issue would seem to become a

mandatory subject of bargaining whatever its previous status.  To remove

language unilaterally is not allowable.  So the first recommendation is

to leave Appendix F in the contract per the parties positions after

June 30, 1978.

 

The second recommendation is that the parties add a clause to Ap-

pendix F establishing membership of a Guild officer(s) on the committee

which will determine shooting and equipment policy for the City of Seattle.

The City and the Guild should establish a joint committee to negotiate

a new Appendix F to reflect whatever policy may arise from the Mayor's

office.

 

Recommended, then; that Appendix F remain in the contract as it

presently stands without section 2D, that the City agree to Guild member-

ship on the shooting and equipment committee; and that a joint committee

be established the negotiate a new Appendix F to account for new policy.

 

Employment Practices

As part of an existing collective agreement under 41.56, Article IV,

sections 1, 2, & 3 are mandatory subjects of bargaining.

 

Subordination of Agreement

It is recommended that the new section be added to Article XVII -

Subordination of Agreement.  This new section 3 would read as follows:

 

  "It is also understood by the parties hereto that if any provisions

  of this Agreement are in conflict with the Personnel Ordinance pur-

  suant to City Charter Amendment V which was approved by City of

  Seattle voters on November 8, 1977, the parties shall enter into

  immediate collective bargaining negotiations to reconcile any

  conflicting provision of this Agreement to provisions of said

  Ordinance."

 

The chairman makes this recommendation since the Charter would

seem to take precedence over the contract.  Hence, the contract should

provide an orderly mechanism to resolve any conflict and, thus, promote

a stable collective bargaining relationship.

 

Holiday Premium

The fact finder has reviewed holiday premium issues and, based

upon comparison city data, sees no reason to pay premium for holidays not

worked.  The payment of a day's pay is sufficient.  The number of holi-

days is not an issue.  This position was clarified and reinforced at the

meeting of September 30, 1978.

 

Chief Dispatcher

The Guild's major argument is one of job security.  GElO purports to

show that a police department document, in effect, guarantees the Chief

Dispatcher will be a police officer.  GElOA details the Chief Dispatcher's

responsibilities and appears to emphasize police background.  Workload data

were introduced (GElOC) to show that the bulk of the calls (40%) were as-

signed to Seattle police officers and another 4% to other police agencies.

Additional objective testimony was entered to show that the Chief Dis-

patcher should be a police officer.

 

The City argues the police officer class specification (CEl7) does

not specify the officer be trained to do dispatch work.  No spec for

Chief Dispatcher was submitted.  Evidence was presented which showed 4 of

8 comparison cities, including Seattle, use both Police and civilian dis-

patchers (CE18).  Four cities use civilians exclusively as dispatcher.

In four cities, including Seattle, the Chief Dispatcher was a police of-

ficer.  In no city was the Chief Dispatcher required to be a police of-

ficer by labor agreement.  But the Communication Division was usually

supervised by a police officer.

 

In Seattle, the Chief Dispatcher has been traditionally a police

officer.  It is viewed as a responsible position which requires the judg-

ment of a police officer.  More importantly, it appears to have been the

informal practice to use only police officers in this position. There ap-

pears to be a trend toward the use of civilian dispatchers, though the

City says it does not intend to place civilians in this position.

 

At the hearing of September 30, 1973, some discussion was held over

management's rights to assign the chief dispatcher.  The chairman, on

consideration of the discussion, agrees with the position that the language

of the Management Rights - Article XIV clause takes precedence over an

informal and nonnegotiated practice.

 

RECOMMENDATIONS

 

In summary, the chairman and the panel make the following recommen-

dations.

 1) The term of this agreement should be one year, from September 1,

    1978 to August 31, 1978.

 2) All terms of this agreement shall be retroactive to the ex-

    piration date of the old agreement, September 1, 1978.

 3) Based upon the Revised CPI, the salary of Seattle police of-

    ficers should be increased 7.6%.  All pay (i.e., longevity) and related

    benefits should be adjusted accordingly.

 4) Employment Practices, Article IV, section 1, 2, & 3, are deemed

    to be mandatory subjects of bargaining and cannot be removed from the

    agreement unilaterally.

 5) The nondiscrimination clause should be modified to reflect

    the present requirements of City ordinances

 6) Any change in equipment policy in the collective agreement

    shall be negotiated.  Appendix F should stand therefore, sans section 2D,

    a section previously agreed to be deleted.

 7) No shift differential is recommended.

 8) Police officers should retain present levels of medical and

    dental benefits, including dependent coverage.  The City should determine

    premiums to maintain these benefits and insert the maximum premiums in

    the agreement as a cap for the contract year.

 9) Holiday premium pay structure should remain as presently in

    the collective agreement.

10) Police cadets and trainees should receive longevity pay for

    time served as cadet or trainee.

11) No language should be added to the contract governing police

    reserves.  At best, the parties might agree to a memorandum of agreement.

12) The City's proposed section 3 to Article XVII - Subordination

    of Agreement should be added to the contract as a means to insure peaceful

    resolution of differences.

13) No language should be added to the contract governing assignment

    of police officers to the position of Chief Dispatcher.

 

This fact finding report was written by the chairman after full

and open discussion and with the fullsome input of panel members

Moffett and Franklin.  All matters with respect to the application of

law were decided by the chairman.

 

 Seattle, Washington

 September 30, 1978       Jonathan S. Monat, PhD

                          Impartial Chairman

 

 Robert Moffett           John Franklin

 Appointed by the Guild   Appointed by the City

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