INTEREST ARBITRATIONS

Decision Information

Decision Content

Bremerton Police Officers’ Association

And

City of Bremerton

Interest Arbitration

Arbitrator:      Carol J. Teather

Date Issued:   08/14/1979

 

 

Arbitrator:         Teather; Carol J.

Case #:               02027-I-79-00059

Employer:          City of Bremerton

Union:                Bremerton Police Officers

Date Issued:       08/14/1979

 

 

In the Matter of the Arbitration                                )

                                                                                    )          

                        between                                              )

                                                                                    )

            CITY OF BREMERTON                             )

                                                                                    )

                        and                                                      )

                                                                                    )

BREMERTON POLICE OFFICERS'                     )

ASSOCIATION                                                         )

           

 

 

 

 

                                                ____________________

                                                OPINION AND AWARD

                                                ____________________

 

 

 

 

 

 

                                                                                                            Arbitrator:

 

                                                                                                Carol J. Teather

                                                                                                3822 Seattle First

                                                                                                National Bank Bldg.

                                                                                                Seattle, WA   98154

 

 

 

INTEREST ARBITRATION OPINION

 

 

I           Procedural Matters

 

            This Proceeding involves an impasse arbitration between

the City of Bremerton and the Bremerton Police Officers'

Association.  The City of Bremerton (hereinafter referred to

as the "City") was represented by Mr. C. Carey Donworth of

Donworth, Taylor and Company.  The Bremerton Police Officers

Association (hereinafter referred to as the "Association")

was represented by a wage panel consisting of Mr. R. Wes

Henry, Jr., Chairman of the Wage Panel, Mr. Joseph Hatfield,

Mr. Robert Peck, Mr. Larry Foster and Mr. Ted Johnson.

 

            Ms. Carol J. Teather was appointed to act as Chairman

of the Arbitration Panel (hereinafter referred to as the

"Arbitrator").  The other members of the panel were Mayor

Glenn K. Jarstad and Detective Rainie Woods.

 

            Hearings were held in the City of Bremerton Parks and

Recreation Building on July 5, 1979, July 6, 1979 and July

13, 1979.  At the hearings, the testimony of witnesses was

taken under oath and the parties presented argument and

documentary evidence.  Post-hearing briefs were filed by

both parties on July 20, 1979.

 

 

II_____Issues

 

            At the hearings, the parties presented the following

issues for determination by the panel:

 

(1)        Salary increase;

(2)        Length of the collective bargaining agreement;

(3)        Parity pay;

(4)        Cost of living increase;

(5)        Shift differential;

(6)        Increase in longevity pay;

(7)        Double time for court appearances;

(8)        Vacation increase;

(9)        Medical benefit increase for families;

(10)      Increase in clothing allowance;

(11)      Increase in cleaning allowance;

(12)      Definition of work day-week;

(13)      Retention of existing benefits;

(14)      Clarification of paid holidays;

(15)      Parking for officers who drive their cars to

            work;

(16)      Parking for officers when they make court

            appearances; and

(17)      Compensatory time off (at time and one-half

            with a two-hour minimum) when off-duty

            officers are called in for training.

 

In making its decision on the issues presented by the parties,

the panel carefully considered all of the testimony, documen-

tary evidence and arguments of the parties, keeping in mind

the legislative purpose set forth in RCW 41.56.430.  The panel

also took into consideration the following factors:

 

 

(a)        The constitutional authority of the City;

 

            (b)        Stipulations of the parties;

 

            (c)        Comparison of the wages, hours and condi-

tions of employment of the uniformed per-

sonnel of the City and County involved in

the proceedings with the wages, hours, and

conditions of employment of uniformed per-

sonnel of cities and counties, respectively,

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 pendency of the proceedings; and

 

            (f)       Such other factors, not confined to the fore-

going, which are normally or traditionally

taken into consideration in the determination

of wages, hours and conditions of employment.

 

            In addition, the panel took into consideration the

findings of fact made by the Fact-Finding Panel.

 

            In order that this report might not be unduly long, each

contention or argument of the parties will not be separately

set forth, but instead dealt with only to the extent necessary

in rendering a decision on each of the issues.

 

 

III_____Background

 

            The City and the Association began negotiations in May

of 1978.  In October 1978, the Association and the City met

with mediator Jack Cowan in an attempt to reach agreement.

When agreement was not reached following negotiations and

mediation, the parties submitted the matter to a fact-finding

panel consisting of Mr. R. A. Sutermeister, Chairman, Mayor

Glenn Jarstad and Detective R. Wes Henry, Jr.  The recommenda-

tions of the fact-finding panel were not accepted by the

parties wherein the matter was submitted to Arbitration pur-

suant to RCW 41.56.450.

 

 

IV____Motion to Dismiss

 

            At the beginning of the hearing, the City moved to have

the panel disregard all evidence and argument pertaining to

issues other than those presented by the City on the basis

that the Association did not provide the Arbitrator and the

City with its list of issues prior to the hearing as required

by WAC 391-21-750.  The Arbitrator reserved her ruling on the

City's motion to the present time in order properly to con-

sider the matter.

 

            The Arbitrator finds that the Association submitted a

list containing the same issues which the Association desires

to be determined by the Arbitration panel to the City on

May 31, 1978 and that the same list of issues was submitted

to the fact-finding panel.  The Arbitrator further finds that

the City was aware of the issues the Association intended to

submit to interest arbitration and was prepared to present its

case on each and every issue.  The ability of the panel to

comprehend the material presented at the hearing and render a

decision was not altered in any way by the Association's delay

in providing its list of issues.

 

            The intent and purpose of the Act governing impasse pro-

cedures for uniformed personnel is to provide an effective and

adeguate alternative to strikes as a means of settling labor

disputes.  This purpose would not be well-served by the Arbi-

trator's refusing to consider the list of issues submitted by

the Association on a technicality.  Inasmuch as the Association's

delay in submitting its list of issues did not prejudice the

City in any way nor hinder the ability of the arbitration panel

to render a decision, the City's motion is denied.

 

 

V____ Position of the Parties

 

            The position of the City is to deny issues 2 through 17

and to grant a 5.5% wage increase to be applied to each

bargaining unit classification effective January 1, 1979.

 

            The Association requests a 14% wage increase to be applied

to each bargaining unit classification effective January 1,

1979 and to have the pay of police officers assigned to the

patrol and traffic divisions raised to an amount equal to that

of officers assigned to the detective division.  In addition,

the Association requests the following:  That each officer

receive a cost of living increase; that additional compen-

sation be given to those uniformed police officers working

shifts other than 8:00 a.m. to 4:00 p.m.; that the longevity

pay be doubled; that police officers making court appearances

on off-duty hours be compensated at the rate of two times his

or her base wages with a two hour minimum; that the number

of vacation days be increased; the medical benefits for

dependents be increased to provide for payment of one-half

the cost of maternity care, well and routine baby care and

circumcision of a male child along with one-half the cost

of all dependent office calls and the entire cost of a

vasectomy for male members of the bargaining unit.  The

Association also requests that the clothing allowance pro-

vided to detectives be increased from the current $235.00

to $350.00 per year; that the annual uniform cleaning

allowance be increased from $150.00 to $200.00 per year;

that a definition of work day - work week be included in

the bargaining agreement to provide that the normal work

day shall be 8 hours with the shift change being 15 min-

utes prior to the assigned shifts and that the officers'

work week be five consecutive days' work with two days

off; that a clause be added to the collective bargaining

agreement to provide for the retention of existing benefits;

that double time be paid to bargaining unit members who

work on any of the eleven designated holidays; that parking

be provided for officers who drive to and from work and for

officers when they make court appearances during their off-

duty hours; and that officers be given compensatory time

off for attending required training on off-duty hours at

the rate of one hour off for every hour of training attended

up to two hours and one and one-half hours off for every

hour of attendance at training over two hours.

 

 

VI____Discussion

 

Salary Increase

 

            The parties presented numerous exhibits comparing

the wages paid to Bremerton police officers with the wages

paid to police officers in cities they considered to be

comparable.  However, the parties were unable to agree

on which cities should be used for purposes of comparison.

The Association claimed the cities of Bellevue, Edmonds,

Everett and Renton were comparable with Bremerton; whereas,

the City used the cities of Vancouver, Richland, Renton,

Olympia, Longview, Everett, Edmonds, Bellingham, Yakima,

and Bellevue for purposes of comparison.  Neither party

introduced any data with respect to cities on the west coast

outside the state of Washington which might be considered

to be comparable to Bremerton.

 

            Upon examination of the statistics presented by the

parties it becomes clear that the greatest disparity between

the wages of Bremerton police officers and the wages of

police officers in comparable cities is in the wages paid

to police officers with five or more years of experience.

Of the ten cities suggested by the City as being comparable

with Bremerton, Bremerton ranked fifth with respect to

starting salaries paid to police officers in 1978, but ninth

with respect to salaries paid to senior patrolmen.  In order

to reduce the disparity between salaries paid to Bremerton

senior patrolmen and the salaries paid to senior patrolmen

in comparable cities, it would be appropriate to give a

greater increase to Bremerton police officers with five

years or more experience than is given to police officers

with less than five years experience.

 

            In making a determination as to the amount of any in-

crease in wages and benefits to be given to members of the

collective bargaining unit, the ability of the City to pay

is an important factor to be considered.  The City is pro-

hibited by statute from adopting a budget which is not in

balance or from amending a budget so that it falls out of

balance.  All expenditures by the City must be covered by

revenues or by reserves within any given budget year, in

which case, the City cannot grant increased to police

officers in excess of its ability to pay for such increases

out of revenues, reserves, or reallocation of expenditures

away from one or other purposes presently budgeted.

 

            The evidence presented sustained the City's contention

that is is under considerable financial pressure and that it

has reached the practical limits of its taxing authority.  The

City's largest employer is the Puget Sound Naval Shipyard,

which, as a federal entity, pays no taxes other than water and

sewer.  The City has practically no other industry and has

experienced a decrease in the funds available to it from rev-

enue sharing from the federal government.  The City Treasurer

and several City Commissioners testified that any substantial

reallocation of funds away from the purposes for which they

are presently budgeted is likely to result in certain City

departments having to reduce staff and/or services.  Thus,

the funds available for providing increases to police officers

appear to be severely limited.  This fact was also recognized

by the fact-finding panel in rendering its opinion.

 

            An examination of the increases in wages and benefits

given other employees of the City for 1979 supports the Associa-

tion's contention that the City's offer of a 5.5% increase in

the base wage for police officers is too low.  Elected officials

and supervisors of the City of Bremerton received a 7% wage

increase for 1979, non-uniformed personnel received a 7.6%

wage increase and the Bremerton Fire  Fighters received an

average wage increase of 8.55%.  In addition, the fact-

finding panel in the instant case recommended that police

officers receive an initial 7% increase in January of 1979

with an additional cost of living increase in June of 1979

in the amount of any increase in the Consumer's Price Index

for all urban consumers greater than 7% with part of this

increase to be used to provide parity pay between police

officers and detectives.

 

            The City's budget for 1979 includes a 5.5% wage increase

for police officers.  There was also evidence presented at

the hearings that the City's budget includes $100,000.00

for the reserve account which could be used for wages.

Thus, it appears that the City has the ability to provide

for a reasonable increase in the wages of police officers

greater than 5.5%.

 

            Based on the 1979 settlement of the comparable cities

and in order to bring the salaries paid to Bremerton police

officers closer to the average salary paid to police officers

in the comparable cities, the panel determined that a minimum

increase of 5% be given to police officers having less than

five years experience and a minimum increase of 7.5% be given

to police officers having five years or more experience.

 

            The Association expressed justifiable concern regarding

the effect of inflation on police officers' salaries.  The

Consumer's Price Index (Seattle-Everett) for the period from

January 1979 to March 1979 for urban wage earners showed an

increase of 2.7% and for all urban consumers an increase of

2.5%  For the period from March 1979 to May 1979, the Con-

sumer's Price Index showed an increase of 2.6% for all urban

consumers and 2.5% for urban wage earners.  In order to reduce

to a certain extent the effect of such inflationary increases

on police officers  salaries, the panel determined that a 3%

cost of living increase effective June 1, 1979 would be appro-

priate for all police officers.

 

 

Parity Pay

 

            The Association proposed that the wages of police officers

assigned to the Patrol and Traffic Divisions be increased to

equal the wages of officers assigned to the Detective Division.

The evidence presented by the parties indicated that officers

assigned to the Detective Division receive higher pay than

officers in the Patrol and Traffic Division in order to com-

pensate them for having to be on call nights and weekends and

having to wear and maintain their own clothing on the job.

Officers assigned to the Patrol and Traffic Division are not

on call and are provided with uniforms by the City.

 

            Both the Association and the City appeared to agree that

some compensation should be provided to detectives because of

their extra clothing costs and the on-call element.  However,

the parties disagreed as to the method by which this might be

accomplished.  The Association suggested an increase in the

clothing allowance and some form of overtime pay for being on

call.  However, the City argued that the State Auditor had

made the statement that no clothing allowance could be given

to the detectives.

 

            Neither party presented any evidence as to whether or not

there is parity of pay between senior patrol officers and

detectives in comparable cities.

 

            Officers assigned to the Traffic Division receive slightly

higher pay than officers assigned to the Patrol Division.  This

difference in pay is apparently for the purpose of compensating

traffic officers for their large cleaning bills which result

from their riding a motorcycle on the job.

 

            In view of the questionability of the City's being able

to compensate detectives and traffic officers for their clothing

and cleaning costs by means of an adequate allowance and the

fact that any money spent in providing parity pay would reduce

the amount of money available for wage increases, the panel

determined that parity pay would be inappropriate.

 

 

Cost of Living Increase and Length of Contract

 

            The parties agree that the length of the contract should

be one year.

 

            The impact of the rise in the cost of living between the

termination of the 1978 contract between the parties and this

decision was taken into account in the panel's determination of

the wage increase.

 

 

Shift Differential

 

            The Association proposed that an officer working the eve-

ning shift receive additional compensation at the rate of

4-1/2% of the fourth-year patrolman's wage and that an officer

working the graveyard shift be compensated at the rate of

6-1/4% of the fourth-year patrolman's wage.  The City sub-

mitted evidence showing that shift differentials are not

common among police departments and that fire fighters in the

City of Bremerton receive no shift differentials.  The parties

agreed that each uniformed police officer rotates his shift

every two months so that the burden of having to work during

the evening and at night is evenly spread among all personnel.

 

            In view of the limited funds available to the City and

the fact that the evidence presented did not show there to be

any great need for shift differential pay inasmuch as the

burden was evenly distributed among the uniformed officers, the

panel determined that shift differential pay is inappropriate.

 

 

Increase in Longevity Pay

 

            Police officers receive the same longevity pay as do all

other employees of the City and there was nothing to indicate

that there was any great disparity between the longevity pay

received by Bremerton police officers and that received by

other police officers.  On the contrary, the evidence indicated

that the longevity pay provided by the City appears to be com-

parable with that provided by other comparable cities.  In view

of the fact that any money spent on increasing the longevity

pay would reduce the money available for salaries where, as

previously indicated, there is a disparity, the panel determined

that an increase in longevity pay is inappropriate.

 

 

Double Time for Court Appearances

 

            The City submitted an exhibit which showed that none of

the other cities considered to be comparable to Bremerton

paid double time for court appearances.  The parties agreed

that for an officer to have to attend court during his time

off was a great burden both to himself and to his family;

however, neither party could show where the City would be

able definitely to find the funds with which to pay officers

double time for court appearances.  The fact-finding panel

recommended that there be no change in the compensation for

off-duty court appearances.  Under the circumstances, the

panel determined that double time for court appearances

would not be appropriate.

 

 

Vacation Increases

 

            The number of vacation days earned by Bremerton police

officers compares favorably with the number of vacation days

earned by police officers in comparable cities.  An examina-

tion of the statistics on comparable cities presented by

the parties shows that Bremerton ranks second or third in

the number of vacation days earned by police officers having

eleven years or less experience and ranks first with respect

to the number of vacation days earned by police officers

having twelve or more years with the department.  The panel

concurred with the fact-finding panel's recommendation and

determined that a vacation increase is inappropriate.

 

 

Medical Benefit Increase for Families

 

            The Association's request that the City assist with the

increased costs associated with medical care is certainly

understandable.  The City now provides for medical coverage

for dependants through the Association of Washington Cities

and the parties agreed that in order to implement the changes

requested by the Association, the City of Bremerton would

have to petition the other members of the Association of

Washington Cities to change its medical plan or find another

means of providing medical insurance.  From the evidence sub-

mitted to the panel it appears that the City would not be

able to handle the cost of providing the requested coverage

itself as the City simply does not have sufficient funds.

 

            The City agreed that it would get together with the

other members of the Association of Washington Cities for

the purpose of discussing the possibility of improving the

amount of dependent medical benefits provided by its medical

plan.  However, the City could not guarantee that it would be

successful in obtaining the increase in the amount of benefits

provided dependents requested by the Association as it had

no control over the decisions made by the other members of

the Association of Washington Cities.

 

            With respect to whether or not the City could provide the

requested benefits by obtaining other insurance, the City

argued that it needs the advantage of multi-employer purchasing

power and now participates in the largest group buying medical

insurance available.  Neither party submitted any evidence

that the City would be able to purchase other medical in-

surance providing the existing coverage plus the additional

coverage requested by the Association for approximately the

same amount as the City pays for the existing coverage.

 

            The panel determined that the increased medical benefits

for families and vasectomies for male employees shall not be

provided unless the Association of Washington Cities changes

its medical coverage to provide these benefits.  The panel

further determined that the City shall request the Association

of Washington Cities to change its medical plan to incorporate

the benefits requested by the Association to the extent

possible at the earliest opportunity.

 

 

Increase in Clothing and Cleaning Allowance

 

            One of the reasons for denying parity pay was the desire

on the part of the panel to compensate detectives for their

clothing and cleaning costs and traffic patrol officers for

their increased cleaning costs.  In view of the fact that

detectives are already receiving an increase associated with

clothing, the panel determined that an increase in the clothing

allowance would be inappropriate.

 

            The evidence submitted by the parties with respect-to

cleaning allowances provided to police officers in comparable

cities was inconclusive and the Consumer's Price Index for

the Seattle-Everett area does not support the Association's

contention that cleaning costs have gone up 25% to 50%.  The

Consumer's Price Index for urban wage earners indicates that

costs of apparel and upkeep have experienced a minus 0.1%

change from January 1978 to January 1979, a 3.5% increase

from January 1979 to March 1979 and an increase of 2.3% from

March 1979 to May 1979.

 

            The fact-finding panel recommended that no change be

made in the cleaning allowance.

 

            In view of the fact that police officers will be receiv-

ing a cost of living increase to help with the rise in the

cost of living and the fact that any amount paid to provide

other benefits would only reduce the amount of money avail-

able for wages, the panel determined that an increase in the

cleaning allowance would be inappropriate.

 

 

Definition of Work Day - Work Week

 

            The parties agreed that there was no issue here for the

arbitration panel to decide.

 

 

Retention of Existing Benefits

 

            The parties agreed that there was no issue here for the

arbitration panel to decide.

 

 

Clarification of Paid Holidays

 

            The fact-finding panel recommended no increase in holiday

compensation (pay or compensatory vacation time).

 

            There was no evidence submitted to indicate that Bremerton

was out of line with other comparable cities with respect to

the rate of compensation it pays its employees for working on

holidays.  Therefore, the panel determined that an increase

in holiday compensation would be inappropriate.

 

 

Parking for Officers Who Drive Their Cars to Work

 

            The Police Department provides transportation to and from

work for those officers living within the Bremerton city limits

and provides transportation to and from the cars of officers

living outside the city limits.  The Association requested that

the City provide parking for those police officers living

outside the city limits on the basis that officers living

outside the city limits must leave their cars in unattended

lots where there is a danger that their cars will be vandalized.

Apparently, in the past, three police officers' private vehicles

have been stolen and completely stripped during the time the

officers were on duty.  All three of these incidents occurred

while the police officer was working the graveyard shift.

 

            The City took the position that no other City employee is

furnished with free parking and it would be inappropriate to

provide parking for police officers and not other City employees,

particularly where police officers already have a special

benefit in the chauffeuring arrangement.  The City further

maintained that it does not have sufficient funds in its budget

with which to provide free parking for employees.  The evidence

supported the City's contention that it could not provide free

parking for police officers' private vehicles during normal

working hours except at considerable expense to the City.

 

            In view of the City's tight budget and the chauffeuring

system already in existence for police officers, the added

expense of providing free parking for police officers at the

present time does not appear to be justified.  However, the

evidence showed that the City can provide parking for police

officers' private vehicles during the graveyard shift at very

little, if any, cost to the City.  As it appears to be the

graveyard shift which provides the greatest security problem

for police officers  vehicles, the panel determined that free

parking be provided for police officers' private vehicles

during the graveyard shift only and that the chauffeuring

arrangement now in existence be continued.        

 

Parking for Officers When They Make Court Appearances

 

            Officers who are required to attend court during their

off-duty hours should not be required to spend time looking

for parking places or be subjected to the added expense of

having to pay for parking.  Therefore, the panel finds it

appropriate that the City provide free parking for police

officers attending court during their off-duty time.

 

Compensatory Time Off (At Time and One-Half With a Two Hour

Minimum) When Off-Duty Officers are Called in for Training

 

            It is becoming increasingly common for professional

persons to have imposed on them the requirement of obtaining a

minimum number of hours of instruction and training per year.

Such an arrangement is very much in the public interest as it

forces professionals to keep abreast of current developments.

 

            In the Bremerton Police Department it apparently has been

a departmental policy for officers to receive compensatory

time off for the time in which they must attend required

training during their off-duty hours.  The City maintains

that this matter should be left as a matter of departmental

policy and not put in the employees' labor contract.  The

Association, on the other hand, pointed out that officers

can incur penalties for failure to attend a required school

and that some officers never received any compensatory time

off for the time they spent attending required training

during their off-duty hours.

 

            In view of the fact that it is already a departmental

policy to provide compensatory time off to officers who must

attend required training during their off-duty time, the

panel determined that it is appropriate that an officer

receive compensatory time off at straight time for his or

her attendance at required training during off-duty time.  As

required training benefits both the police officer and the

citizens of Bremerton, the panel determined that it is not

appropriate to compensate an officer for attending required

training-at time and one-half with a two hour minimum.

 

 

Conclusion

 

            In conclusion, after thoroughly examining the testimony

of the parties, exhibits presented by both the City and the

Association, the recommendations of the fact-finder and the

recommendations and opinions of the other members of the

arbitration panel, the Arbitrator, pursuant to RCW 41.56.450

directs:

 

 

            (1)  That each member of the collective bargaining unit

with less than five years experience is to receive a 5%

increase in salary effective January 1, 1979.

 

            (2)        That each member of the collective bargaining

unit with five years or more experience is to receive a

7.5% increase in salary, effective January 1, 1979.

 

            (3)  That each member of the collective bargaining

unit, regardless of his or her experience, is to receive a

3% cost of living increase in salary effective June 1, 1979.

 

            (4)        That parity pay not be paid.

 

            (5)        That the length of the contract be one year.

 

            (6)        That members of the collective bargaining unit

not receive shift differential pay.

 

            (7)        The longevity pay will remain unchanged.

 

            (8)        The overtime computation will remain unchanged.

 

            (9)        The vacation computation will remain unchanged.

 

            (10)      Medical benefits for dependents will remain un-

changed unless the Association of Washington Cities changes

its group medical insurance coverage to provide the benefits

requested by the Association.  The City shall request the

Association of Washington Cities to change its group medical

insurance coverage to incorporate the benefits requested by

the Association at the earliest opportunity.

 

            (11)      The clothing and cleaning allowances will remain

unchanged.

 

            (12)  Paid holidays remain unchanged.

 

            (13)  That free parking be provided for police officers'

private vehicles during the graveyard shift but not during

the day and swing shifts.

 

            (14)  That free parking be provided for a police officer's

private vehicle while that officer is attending court during

his or her off-duty time.

 

            (15)  That an officer is to receive compensatory time off

at straight time for his or attendance at required training

during off-duty time. 

 

 

 

            Rendered and prepared at Seattle, Washington August 14, 1979.

 

 

 

                                                                        Carol J. Teather Arbitrator

 

Mayor Glen K. Jarstad                                 X   Concurs_____Dissents

For the City

 

 

Detective Ranie Woods                                  Concurs_____X  Dissents

For the Union

 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.